[Rev. 9/10/2021 11:33:24 AM]

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CHAPTER 289, SB 217

Senate Bill No. 217–Senator Seevers Gansert

 

CHAPTER 289

 

[Approved: June 2, 2021]

 

AN ACT relating to applied behavior analysis; transferring responsibilities concerning licensing and regulation of the practice of applied behavior analysis from the Aging and Disability Services Division of the Department of Health and Human Services to the Board of Applied Behavior Analysis; making provisions governing providers of health care applicable to behavior analysts, assistant behavior analysts and registered behavior technicians; authorizing the Board to contract with certain entities to carry out duties relating to regulating the practice of applied behavior analysis; requiring members of the Board to complete orientation; revising the activities that constitute the practice of applied behavior analysis; revising requirements concerning the supervision of assistant behavior analysts and registered behavior technicians; exempting certain persons from provisions governing the practice of applied behavior analysis; revising the qualifications for membership on the Board; establishing requirements for the ethical practice of applied behavior analysis; revising provisions governing fees collected by the Board; revising provisions governing licensure by endorsement and disciplinary actions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensure and regulation of behavior analysts and assistant behavior analysts and the registration and regulation of behavior technicians. (Chapter 437 of NRS) Existing law requires the Board of Applied Behavior Analysis to regulate the practice of applied behavior analysis and authorizes the Board to: (1) examine the qualifications of applicants for licensure or registration and license or register qualified applicants; and (2) revoke or suspend licenses and registrations. Existing law authorizes the Board to delegate certain duties to the Aging and Disability Services Division of the Department of Health and Human Services and requires the Division to collect applications and fees and conduct investigations of licensees and registrants. (NRS 437.130) Sections 41, 54-56, 58, 59, 61, 63-77, 79-82 and 84 of this bill transfer the responsibilities of the Division concerning the regulation of behavior analysts, assistant behavior analysts and registered behavior technicians to the Board. Section 45 of this bill authorizes the Board to contract with any appropriate public or private agency, organization or institution to carry out the duties of the Board. Sections 31, 36, 57, 60, 78, 88-94 and 100 of this bill make various changes to reflect the transfer of duties from the Division to the Board.

      Existing law establishes certain requirements governing the operation of licensing boards and the adjudication of contested cases before licensing boards. (Chapters 622 and 622A of NRS) Existing law additionally defines “provider of health care,” for the purposes of provisions relating to the healing arts, as a person who practices in a health-related profession listed within the definition. (NRS 629.031) Existing law imposes certain requirements upon providers of health care, including requirements for the retention of patient records, requirements for billing, standards for advertisements and criminal penalties for acquiring certain debts. (NRS 629.051, 629.071, 629.076, 629.078) Section 12 of this bill includes behavior analysts, assistant behavior analysts and registered behavior technicians within the definition of “provider of health care,” which has the effect of making those provisions applicable to behavior analysts, assistant behavior analysts and registered behavior technicians.

 


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technicians. Sections 1-23, 27-30, 32, 33, 37-40, 85-87 and 95 of this bill make various changes to: (1) require the Board to operate and adjudicate contested cases in the same manner as other licensing boards; and (2) subject behavior analysts, assistant behavior analysts and registered behavior technicians to similar requirements as those that apply to other providers of health care.

      Existing law prescribes the membership of the Board, which is composed of: (1) four members who are behavior analysts; and (2) one member who is a representative of the general public. (NRS 437.100) Section 53 of this bill replaces one member of the Board who must be a behavior analyst with one member who is a behavior analyst or an assistant behavior analyst. Section 44 of this bill requires each new member of the Board to complete orientation. Section 48 of this bill revises the activities that constitute the practice of applied behavior analysis. Sections 49, 52 and 83 of this bill revise provisions governing the supervision of assistant behavior analysts and registered behavior technicians. Section 52 also requires a behavior analyst, assistant behavior analyst or registered behavior technician to comply with certain requirements concerning ethics. Section 67 of this bill clarifies that a violation of those ethical requirements would be grounds for disciplinary action.

      Existing law requires the Board to prescribe by regulation fees for the issuance, renewal and reinstatement of a license or registration as a behavior analyst, assistant behavior analyst or registered behavior technician, as applicable, and for any other services provided by the Division relating to the licensure and registration of behavior analysts, assistant behavior analysts and registered behavior technicians. (NRS 437.140) Section 55 of this bill revises this requirement and instead: (1) requires the Board to prescribe by regulation certain enumerated fees relating to the licensure and registration of behavior analysts, assistant behavior analysts and registered behavior technicians; and (2) establishes certain maximum amounts for these fees.

      Existing law requires: (1) an applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst to be certified as such by the Behavior Analyst Certification Board, Inc.; and (2) an applicant for the issuance or renewal of registration as a registered behavior technician to be registered as such by the Behavior Analyst Certification Board, Inc. (NRS 437.205, 437.225) Sections 47, 49, 59 and 62 of this bill revise the certifications and registrations required for the issuance or renewal of such a license or registration. Sections 63 and 64 of this bill: (1) authorize the Board to deny licensure by endorsement as a behavior analyst or assistant behavior analyst to an applicant who has been disciplined by the Behavior Analyst Certification Board, Inc.; and (2) extend the deadline by which the Board must notify an applicant for licensure by endorsement of any additional information required by the Board to consider the application. Section 67 authorizes the Board to impose disciplinary action against a licensee or registrant who has been disciplined by the Behavior Analyst Certification Board, Inc.

      Existing law exempts certain persons, including certain persons who provide applied behavior analysis services at a school, from provisions governing the practice of applied behavior analysis. (NRS 437.060) Section 50 of this bill revises the list of exempted persons to exempt from those provisions: (1) a school employee who provides services to a pupil consistent with the duties of his or her position; and (2) the guardian or caregiver of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst.

      Under existing law, a behavior analyst, assistant behavior analyst or registered behavior technician may be required to take an oral or written examination to determine his or her competence to practice applied behavior analysis if there is a reasonable question as to his or her competence. (NRS 437.450) Section 76 of this bill authorizes the Board to require a behavior analyst, assistant behavior analyst or registered behavior technician to undergo certain other examinations, including mental and physical examinations, as necessary to determine competence.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 622.060 is hereby amended to read as follows:

      622.060  “Regulatory body” means:

      1.  Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title [;] or chapter 437 of NRS; and

      2.  Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title [.] or chapter 437 of NRS.

      Sec. 2. NRS 622.080 is hereby amended to read as follows:

      622.080  In regulating an occupation or profession pursuant to this title [,] or chapter 437 of NRS, each regulatory body shall carry out and enforce the provisions of this title or chapter 437 of NRS, as applicable, for the protection and benefit of the public.

      Sec. 3. NRS 622.238 is hereby amended to read as follows:

      622.238  1.  The Legislature hereby finds and declares that:

      (a) It is in the best interests of this State to make full use of the skills and talents of every resident of this State.

      (b) It is the public policy of this State that each resident of this State, regardless of his or her immigration or citizenship status, is eligible to receive the benefit of applying for a license, certificate or permit pursuant to 8 U.S.C. § 1621(d).

      2.  Notwithstanding any other provision of this title [,] or chapter 437 of NRS, a regulatory body shall not deny the application of a person for the issuance of a license pursuant to this title based solely on his or her immigration or citizenship status.

      3.  Notwithstanding the provisions of NRS 437.210, 623.225, 623A.185, 624.268, 625.387, 625A.105, 628.0345, 628B.320, 630.197, 630A.246, 631.225, 632.3446, 633.307, 634.095, 634A.115, 635.056, 636.159, 637.113, 637B.166, 638.103, 639.129, 640.095, 640A.145, 640B.340, 640C.430, 640D.120, 640E.200, 641.175, 641A.215, 641B.206, 641C.280, 642.0195, 643.095, 644A.485, 645.358, 645A.025, 645B.023, 645B.420, 645C.295, 645C.655, 645D.195, 645E.210, 645G.110, 645H.550, 648.085, 649.233, 652.075, 653.550, 654.145, 655.075 and 656.155, an applicant for a license who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license.

      4.  A regulatory body shall not disclose to any person who is not employed by the regulatory body the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:

      (a) Tax purposes;

      (b) Licensing purposes; and

      (c) Enforcement of an order for the payment of child support.

      5.  A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to a regulatory body is confidential and is not a public record for the purposes of chapter 239 of NRS.

 


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number, provided to a regulatory body is confidential and is not a public record for the purposes of chapter 239 of NRS.

      Sec. 4. NRS 622.310 is hereby amended to read as follows:

      622.310  1.  If any provision of this title or chapter 437 of NRS requires a regulatory body to disclose information to the public in any proceeding or as part of any record, such a provision does not apply:

      (a) To any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

      (b) To any personal identifying information of a person alleged to have been injured by any act of another person for which a license, certificate or permit is required to be issued by a licensing board. Such information must be kept confidential by the licensing board in whose possession the information is held.

      2.  As used in this section, “licensing board” has the meaning ascribed to it in NRS 644A.880.

      Sec. 5. NRS 622.330 is hereby amended to read as follows:

      622.330  1.  Except as otherwise provided in this section, a regulatory body may not enter into a consent or settlement agreement with a person who has allegedly committed a violation of any provision of this title or chapter 437 of NRS which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body, unless the regulatory body discusses and approves the terms of the agreement in a public meeting.

      2.  A regulatory body that consists of one natural person may enter into a consent or settlement agreement without complying with the provisions of subsection 1 if:

      (a) The regulatory body posts notice in accordance with the requirements for notice for a meeting held pursuant to chapter 241 of NRS and the notice states that:

             (1) The regulatory body intends to resolve the alleged violation by entering into a consent or settlement agreement with the person who allegedly committed the violation; and

             (2) For the limited time set forth in the notice, any person may request that the regulatory body conduct a public meeting to discuss the terms of the consent or settlement agreement by submitting a written request for such a meeting to the regulatory body within the time prescribed in the notice; and

      (b) At the expiration of the time prescribed in the notice, the regulatory body has not received any requests for a public meeting regarding the consent or settlement agreement.

      3.  If a regulatory body enters into a consent or settlement agreement that is subject to the provisions of this section, the agreement is a public record.

      4.  The provisions of this section do not apply to a consent or settlement agreement between a regulatory body and a licensee that provides for the licensee to enter a diversionary program for the treatment of an alcohol or other substance use disorder.

      Sec. 6. NRS 622.350 is hereby amended to read as follows:

      622.350  1.  A regulatory body shall not hold a meeting at a location that is outside this State if:

 


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      (a) The meeting is subject to the provisions of chapter 241 of NRS; and

      (b) During the meeting or any portion of the meeting, the regulatory body conducts any business relating to this title [.] or chapter 437 of NRS.

      2.  The provisions of subsection 1 do not prohibit a member of a regulatory body from attending an educational seminar, retreat for professional development or similar activity that is conducted outside this State.

      Sec. 7. NRS 622.360 is hereby amended to read as follows:

      622.360  1.  If a regulatory body initiates disciplinary proceedings against a licensee pursuant to this title [,] or chapter 437 of NRS, the regulatory body may require the licensee to submit to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      2.  The willful failure of the licensee to comply with the requirements of subsection 1 constitutes an additional ground for the regulatory body to take disciplinary action against the licensee, including, without limitation, suspending or revoking the license of the licensee.

      3.  A regulatory body has an additional ground for taking disciplinary action against the licensee if:

      (a) The report from the Federal Bureau of Investigation indicates that the licensee has been convicted of an unlawful act that is a ground for taking disciplinary action against the licensee pursuant to this title [;] or chapter 437 of NRS; and

      (b) The regulatory body has not taken any prior disciplinary action against the licensee based on that unlawful act.

      4.  To the extent possible, the provisions of this section are intended to supplement other statutory provisions governing disciplinary proceedings. If there is a conflict between such other provisions and the provisions of this section, the other provisions control to the extent that the other provisions provide more specific requirements regarding the discipline of a licensee.

      Sec. 8. NRS 622.400 is hereby amended to read as follows:

      622.400  1.  Except as otherwise provided in this section, a regulatory body may recover from a person reasonable attorney’s fees and costs that are incurred by the regulatory body as part of its investigative, administrative and disciplinary proceedings against the person if the regulatory body:

      (a) Enters a final order in which it finds that the person has violated any provision of this title or chapter 437 of NRS which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; or

      (b) Enters into a consent or settlement agreement in which the regulatory body finds or the person admits or does not contest that the person has violated any provision of this title or chapter 437 of NRS which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body.

      2.  A regulatory body may not recover any attorney’s fees and costs pursuant to subsection 1 from a person who was subject to an investigative, administrative or disciplinary proceeding of the regulatory body unless the regulatory body submits an itemized statement of the fees and costs to the person.

      3.  As used in this section, “costs” means:

 


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      (a) Costs of an investigation.

      (b) Costs for photocopies, facsimiles, long distance telephone calls and postage and delivery.

      (c) Fees for hearing officers and court reporters at any depositions or hearings.

      (d) Fees for expert witnesses and other witnesses at any depositions or hearings.

      (e) Fees for necessary interpreters at any depositions or hearings.

      (f) Fees for service and delivery of process and subpoenas.

      (g) Expenses for research, including, without limitation, reasonable and necessary expenses for computerized services for legal research.

      Sec. 9. NRS 622.410 is hereby amended to read as follows:

      622.410  A court shall award to a regulatory body reasonable attorney’s fees and reasonable costs specified in NRS 18.005 that are incurred by the regulatory body to bring or defend in any action if:

      1.  The action relates to the imposition or recovery of an administrative or civil remedy or penalty, the enforcement of any subpoena issued by the regulatory body or the enforcement of any provision of this title or chapter 437 of NRS which the regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body; and

      2.  The court determines that the regulatory body is the prevailing party in the action.

      Sec. 10. NRS 622.520 is hereby amended to read as follows:

      622.520  1.  A regulatory body that regulates a profession pursuant to chapters 437, 630, 630A, 632 to 641C, inclusive, 644A or 653 of NRS in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the District of Columbia or any other state or territory of the United States for the purposes of:

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

      (b) Regulating the practice of such a person.

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

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

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

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

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

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

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

 


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

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

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

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

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

      Sec. 11. NRS 622A.090 is hereby amended to read as follows:

      622A.090  1.  “Regulatory body” means:

      (a) Any state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title [;] or chapter 437 of NRS; and

      (b) Any officer of a state agency, board or commission which has the authority to regulate an occupation or profession pursuant to this title [; and

      (c) The Aging and Disability Services Division of the Department of Health and Human Services acting pursuant to] or chapter 437 of NRS.

      2.  The term does not include any regulatory body which is exempted from the provisions of this chapter pursuant to NRS 622A.120, unless the regulatory body makes an election pursuant to that section to follow the provisions of this chapter.

      Sec. 12. NRS 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by a specific statute:

      1.  “Provider of health care” means:

      (a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS;

      (b) A physician assistant;

      (c) A dentist;

      (d) A licensed nurse;

      (e) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS;

      (f) A dispensing optician;

      (g) An optometrist;

      (h) A speech-language pathologist;

      (i) An audiologist;

      (j) A practitioner of respiratory care;

      (k) A licensed physical therapist;

      (l) An occupational therapist;

      (m) A podiatric physician;

      (n) A licensed psychologist;

      (o) A licensed marriage and family therapist;

      (p) A licensed clinical professional counselor;

      (q) A music therapist;

      (r) A chiropractor;

 


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      (s) An athletic trainer;

      (t) A perfusionist;

      (u) A doctor of Oriental medicine in any form;

      (v) A medical laboratory director or technician;

      (w) A pharmacist;

      (x) A licensed dietitian;

      (y) An associate in social work, a social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;

      (z) An alcohol and drug counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;

      (aa) An alcohol and drug counselor or a clinical alcohol and drug counselor who is licensed pursuant to chapter 641C of NRS; [or]

      (bb) A behavior analyst, assistant behavior analyst or registered behavior technician; or

      (cc) A medical facility as the employer of any person specified in this subsection.

      2.  For the purposes of NRS 629.400 to 629.490, inclusive, the term includes:

      (a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS; and

      (b) A person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.

      Sec. 13. NRS 629.053 is hereby amended to read as follows:

      629.053  1.  The State Board of Health and each board created pursuant to chapter 437, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 640, 640A, 640B, 640C, 641, 641A, 641B or 641C of NRS shall post on its website on the Internet, if any, a statement which discloses that:

      (a) Pursuant to the provisions of subsection 7 of NRS 629.051:

             (1) The health care records of a person who is less than 23 years of age may not be destroyed; and

             (2) The health care records of a person who has attained the age of 23 years may be destroyed for those records which have been retained for at least 5 years or for any longer period provided by federal law; and

      (b) Except as otherwise provided in subsection 7 of NRS 629.051 and unless a longer period is provided by federal law, the health care records of a patient who is 23 years of age or older may be destroyed after 5 years pursuant to subsection 1 of NRS 629.051.

      2.  The State Board of Health shall adopt regulations prescribing the contents of the statements required pursuant to this section.

      Sec. 14. NRS 629.063 is hereby amended to read as follows:

      629.063  1.  Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any other federal law or regulation:

      (a) A custodian of health care records having custody of any health care records of a provider of health care pursuant to this chapter shall not prevent the provider of health care from physically inspecting the health care records or receiving copies of those records upon request by the provider of health care in the manner specified in NRS 629.061.

      (b) If a custodian of health care records specified in paragraph (a) ceases to do business in this State, the custodian of health care records shall, within 10 days after ceasing to do business in this State, deliver the health care records created by the provider of health care, or copies thereof, to the provider of health care.

 


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10 days after ceasing to do business in this State, deliver the health care records created by the provider of health care, or copies thereof, to the provider of health care.

      2.  A custodian of health care records who is not otherwise licensed pursuant to this title or chapter 437 of NRS and violates a provision of this section is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000 for each violation, or by both fine and imprisonment.

      3.  In addition to any criminal penalties imposed pursuant to subsection 2, a custodian of health care records who violates a provision of this section is subject to a civil penalty of not more than $5,000 for each violation as applied to a patient’s entire health care record, to be recovered in a civil action brought in the district court in the county in which the provider of health care’s principal place of business is located or in the district court of Carson City.

      4.  As used in this section, “custodian of health care records” does not include:

      (a) A facility for hospice care, as defined in NRS 449.0033;

      (b) A facility for intermediate care, as defined in NRS 449.0038;

      (c) A facility for skilled nursing, as defined in NRS 449.0039;

      (d) A hospital, as defined in NRS 449.012; or

      (e) A psychiatric hospital, as defined in NRS 449.0165.

      Sec. 15. NRS 629.076 is hereby amended to read as follows:

      629.076  1.  Except as otherwise provided in subsection 3:

      (a) An advertisement for health care services that names a health care professional must identify the type of license or certificate held by the health care professional and must not contain any deceptive or misleading information. If an advertisement for health care services is in writing, the information concerning licensure and board certification that is required pursuant to this section must be prominently displayed in the advertisement using a font size and style to make the information readily apparent.

      (b) Except as otherwise provided in subsection 4, a health care professional who provides health care services in this State shall affirmatively communicate his or her specific licensure or certification to all current and prospective patients. Such communication must include, without limitation, a written patient disclosure statement that is conspicuously displayed in the office of the health care professional and which clearly identifies the type of license or certificate held by the health care professional. The statement must be in a font size sufficient to make the information reasonably visible.

      (c) A health care professional shall, during the course of providing health care services other than sterile procedures in a health care facility, wear a name tag which indicates his or her specific licensure or certification.

      (d) A physician or osteopathic physician shall not hold himself or herself out to the public as board certified in a specialty or subspecialty, and an advertisement for health care services must not include a statement that a physician or osteopathic physician is board certified in a specialty or subspecialty, unless the physician or osteopathic physician discloses the full and correct name of the board by which he or she is certified, and the board:

             (1) Is a member board of the American Board of Medical Specialties or the American Osteopathic Association; or

             (2) Requires for certification in a specialty or subspecialty:

 


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                   (I) Successful completion of a postgraduate training program which is approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and which provides complete training in the specialty or subspecialty;

                   (II) Prerequisite certification by the American Board of Medical Specialties or the American Osteopathic Association in the specialty or subspecialty; and

                   (III) Successful completion of an examination in the specialty or subspecialty.

      (e) A health care professional who violates any provision of this section is guilty of unprofessional conduct and is subject to disciplinary action by the board, agency or other entity in this State by which he or she is licensed, certified or regulated.

      2.  A health care professional who practices in more than one office shall comply with the requirements set forth in this section in each office in which he or she practices.

      3.  The provisions of this section do not apply to:

      (a) A veterinarian or other person licensed under chapter 638 of NRS.

      (b) A person who works in or is licensed to operate, conduct, issue a report from or maintain a medical laboratory under chapter 652 of NRS, unless the person provides services directly to a patient or the public.

      4.  The provisions of paragraph (b) of subsection 1 do not apply to a health care professional who provides health care services in a medical facility licensed pursuant to chapter 449 of NRS or a hospital established pursuant to chapter 450 of NRS.

      5.  As used in this section:

      (a) “Advertisement” means any printed, electronic or oral communication or statement that names a health care professional in relation to the practice, profession or institution in which the health care professional is employed, volunteers or otherwise provides health care services. The term includes, without limitation, any business card, letterhead, patient brochure, pamphlet, newsletter, telephone directory, electronic mail, Internet website, physician database, audio or video transmission, direct patient solicitation, billboard and any other communication or statement used in the course of business.

      (b) “Deceptive or misleading information” means any information that falsely describes or misrepresents the profession, skills, training, expertise, education, board certification or licensure of a health care professional.

      (c) “Health care facility” has the meaning ascribed to it in NRS 449.2414.

      (d) “Health care professional” means any person who engages in acts related to the treatment of human ailments or conditions and who is subject to licensure, certification or regulation by the provisions of this title [.] or chapter 437 of NRS.

      (e) “Medical laboratory” has the meaning ascribed to it in NRS 652.060.

      (f) “Osteopathic physician” has the meaning ascribed to it in NRS 633.091.

      (g) “Physician” has the meaning ascribed to it in NRS 630.014.

      Sec. 16. NRS 629.079 is hereby amended to read as follows:

      629.079  1.  If a health care licensing board determines that a complaint received by the health care licensing board concerns a matter within the jurisdiction of another health care licensing board, the health care licensing board which received the complaint shall:

 


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within the jurisdiction of another health care licensing board, the health care licensing board which received the complaint shall:

      (a) Except as otherwise provided in paragraph (b), refer the complaint to the other health care licensing board within 5 days after making the determination; and

      (b) If the health care licensing board also determines that the complaint concerns an emergency situation, immediately refer the complaint to the other health care licensing board.

      2.  If a health care licensing board determines that a complaint received by the health care licensing board concerns a public health emergency or other health event that is an immediate threat to the health and safety of the public in a health care facility or the office of a provider of health care, the health care licensing board shall immediately notify the appropriate health authority for the purposes of NRS 439.970.

      3.  A health care licensing board may refer a complaint pursuant to subsection 1 or provide notification pursuant to subsection 2 orally, electronically or in writing.

      4.  The provisions of subsections 1 and 2 apply to any complaint received by a health care licensing board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the health care licensing board that received the complaint and by another health care licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another health care licensing board.

      5.  The provisions of this section do not prevent a health care licensing board from acting upon a complaint which concerns a matter within the jurisdiction of the health care licensing board regardless of whether the health care licensing board refers the complaint pursuant to subsection 1 or provides notification based upon the complaint pursuant to subsection 2.

      6.  A health care licensing board or an officer or employee of the health care licensing board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this section.

      7.  As used in this section:

      (a) “Health care facility” means any facility licensed pursuant to chapter 449 of NRS.

      (b) “Health care licensing board” means:

             (1) A board created pursuant to chapter 437, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B or 641C of NRS.

             (2) The Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 17. NRS 629.097 is hereby amended to read as follows:

      629.097  1.  If the Governor must appoint to a board a person who is a member of a profession being regulated by that board, the Governor shall solicit nominees from one or more applicable professional associations in this State.

      2.  To the extent practicable, such an applicable professional association shall provide nominees who represent the geographic diversity of this State.

      3.  The Governor may appoint any qualified person to a board, without regard to whether the person is nominated pursuant to this section.

 


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      4.  As used in this section, “board” refers to a board created pursuant to chapter 437, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 641, 641A, 641B or 641C of NRS.

      Sec. 18. NRS 629.580 is hereby amended to read as follows:

      629.580  1.  A person who provides wellness services in accordance with this section, but who is not licensed, certified or registered in this State as a provider of health care, is not in violation of any law based on the unlicensed practice of health care services or a health care profession unless the person:

      (a) Performs surgery or any other procedure which punctures the skin of any person;

      (b) Sets a fracture of any bone of any person;

      (c) Prescribes or administers X-ray radiation to any person;

      (d) Prescribes or administers a prescription drug or device or a controlled substance to any person;

      (e) Recommends to a client that he or she discontinue or in any manner alter current medical treatment prescribed by a provider of health care licensed, certified or registered in this State;

      (f) Makes a diagnosis of a medical disease of any person;

      (g) Performs a manipulation or a chiropractic adjustment of the articulations of joints or the spine of any person;

      (h) Treats a person’s health condition in a manner that intentionally or recklessly causes that person recognizable and imminent risk of serious or permanent physical or mental harm;

      (i) Holds out, states, indicates, advertises or implies to any person that he or she is a provider of health care;

      (j) Engages in the practice of medicine in violation of chapter 630 or 633 of NRS, the practice of homeopathic medicine in violation of chapter 630A of NRS or the practice of podiatry in violation of chapter 635 of NRS, unless otherwise expressly authorized by this section;

      (k) Performs massage therapy as that term is defined in NRS 640C.060, reflexology as that term is defined in NRS 640C.080 or structural integration as that term is defined in NRS 640C.085; [or]

      (l) Provides mental health services that are exclusive to the scope of practice of a psychiatrist licensed pursuant to chapter 630 or 633 of NRS, or a psychologist licensed pursuant to chapter 641 of NRS [.] ; or

      (m) Engages in the practice of applied behavior analysis in violation of chapter 437 of NRS.

      2.  Any person providing wellness services in this State who is not licensed, certified or registered in this State as a provider of health care and who is advertising or charging a fee for wellness services shall, before providing those services, disclose to each client in a plainly worded written statement:

      (a) The person’s name, business address and telephone number;

      (b) The fact that he or she is not licensed, certified or registered as a provider of health care in this State;

      (c) The nature of the wellness services to be provided;

      (d) The degrees, training, experience, credentials and other qualifications of the person regarding the wellness services to be provided; and

      (e) A statement in substantially the following form:

 


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       It is recommended that before beginning any wellness plan, you notify your primary care physician or other licensed providers of health care of your intention to use wellness services, the nature of the wellness services to be provided and any wellness plan that may be utilized. It is also recommended that you ask your primary care physician or other licensed providers of health care about any potential drug interactions, side effects, risks or conflicts between any medications or treatments prescribed by your primary care physician or other licensed providers of health care and the wellness services you intend to receive.

 

Ê A person who provides wellness services shall obtain from each client a signed copy of the statement required by this subsection, provide the client with a copy of the signed statement at the time of service and retain a copy of the signed statement for a period of not less than 5 years.

      3.  A written copy of the statement required by subsection 2 must be posted in a prominent place in the treatment location of the person providing wellness services in at least 12-point font. Reasonable accommodations must be made for clients who:

      (a) Are unable to read;

      (b) Are blind or visually impaired;

      (c) Have communication impairments; or

      (d) Do not read or speak English or any other language in which the statement is written.

      4.  Any advertisement for wellness services authorized pursuant to this section must disclose that the provider of those services is not licensed, certified or registered as a provider of health care in this State.

      5.  A person who violates any provision of this section is guilty of a misdemeanor. Before a criminal proceeding is commenced against a person for a violation of a provision of this section, a notification, educational or mediative approach must be utilized by the regulatory body enforcing the provisions of this section to bring the person into compliance with such provisions.

      6.  This section does not apply to or control:

      (a) Any health care practice by a provider of health care pursuant to the professional practice laws of this State, or prevent such a health care practice from being performed.

      (b) Any health care practice if the practice is exempt from the professional practice laws of this State, or prevent such a health care practice from being performed.

      (c) A person who provides health care services if the person is exempt from the professional practice laws of this State, or prevent the person from performing such a health care service.

      (d) A medical assistant, as that term is defined in NRS 630.0129 and 633.075, an advanced practitioner of homeopathy, as that term is defined in NRS 630A.015, or a homeopathic assistant, as that term is defined in NRS 630A.035.

      7.  As used in this section, “wellness services” means healing arts therapies and practices, and the provision of products, that are based on the following complementary health treatment approaches and which are not otherwise prohibited by subsection 1:

 


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      (a) Anthroposophy.

      (b) Aromatherapy.

      (c) Traditional cultural healing practices.

      (d) Detoxification practices and therapies.

      (e) Energetic healing.

      (f) Folk practices.

      (g) Gerson therapy and colostrum therapy.

      (h) Healing practices using food, dietary supplements, nutrients and the physical forces of heat, cold, water and light.

      (i) Herbology and herbalism.

      (j) Reiki.

      (k) Mind-body healing practices.

      (l) Nondiagnostic iridology.

      (m) Noninvasive instrumentalities.

      (n) Holistic kinesiology.

      Sec. 19. NRS 637B.080 is hereby amended to read as follows:

      637B.080  The provisions of this chapter do not apply to any person who:

      1.  Holds a current credential issued by the Department of Education pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto and engages in the practice of audiology or speech-language pathology within the scope of that credential;

      2.  Is employed by the Federal Government and engages in the practice of audiology or speech-language pathology within the scope of that employment;

      3.  Is a student enrolled in a program or school approved by the Board, is pursuing a degree in audiology or speech-language pathology and is clearly designated to the public as a student; or

      4.  Holds a current license issued pursuant to chapters 437, 630 to 637, inclusive, 640 to 641C, inclusive, or 653 of NRS,

Ê and who does not engage in the private practice of audiology or speech-language pathology in this State.

      Sec. 20. NRS 640A.070 is hereby amended to read as follows:

      640A.070  This chapter does not apply to a person:

      1.  Holding a current license or certificate issued pursuant to chapter 391, 437, 630 to 637B, inclusive, 640 or 640B to 641B, inclusive, of NRS, who practices within the scope of that license or certificate.

      2.  Employed by the Federal Government who practices occupational therapy within the scope of that employment.

      3.  Enrolled in an educational program approved by the Board which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.

      4.  Obtaining the supervised fieldwork experience necessary to satisfy the requirements of subsection 3 of NRS 640A.120.

      Sec. 21. NRS 640B.145 is hereby amended to read as follows:

      640B.145  The provisions of this chapter do not apply to:

      1.  A person who is licensed pursuant to chapter 437 or chapters 630 to 637, inclusive, or chapter 640 or 640A of NRS, when acting within the scope of that license.

      2.  A person who is employed by the Federal Government and engages in the practice of athletic training within the scope of that employment.

 


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      3.  A person who is temporarily exempt from licensure pursuant to NRS 640B.335 and is practicing athletic training within the scope of the exemption.

      Sec. 22. NRS 644A.880 is hereby amended to read as follows:

      644A.880  1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this section.

      6.  As used in this section, “licensing board” means:

      (a) A board created pursuant to chapter 437, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644A or 654 of NRS; and

      (b) The Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 23. NRS 654.185 is hereby amended to read as follows:

      654.185  1.  If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the other licensing board within 5 days after making the determination.

      2.  The Board may refer a complaint pursuant to subsection 1 orally, electronically or in writing.

      3.  The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

      (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board; and

      (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.

      4.  The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

      5.  The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions in this section.

      6.  As used in this section, “licensing board” means:

 


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      (a) A board created pursuant to chapter 437, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644A or 654 of NRS; and

      (b) The Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 24. NRS 41.500 is hereby amended to read as follows:

      41.500  1.  Except as otherwise provided in NRS 41.505, any person in this State who renders emergency care or assistance in an emergency, gratuitously and in good faith, except for a person who is performing community service as a result of disciplinary action pursuant to any provision in title 54 or chapter 437 of NRS, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

      2.  Any person in this State who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulance operated by a political subdivision of this State, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      3.  Any person who is an appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this State, other than a driver or attendant of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person whenever the person is performing his or her duties in good faith.

      4.  Any person who is a member of a search and rescue organization in this State under the direct supervision of any county sheriff who in good faith renders care or assistance in an emergency to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      5.  Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

      6.  Any person who:

 


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      (a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

      (b) Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or

      (c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,

Ê and who in good faith renders cardiopulmonary resuscitation in accordance with the person’s training or the direction, other than in the course of the person’s regular employment or profession, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      7.  For the purposes of subsection 6, a person who:

      (a) Is required to be certified in the administration of cardiopulmonary resuscitation pursuant to NRS 391.092; and

      (b) In good faith renders cardiopulmonary resuscitation on the property of a public school or in connection with a transportation of pupils to or from a public school or while on activities that are part of the program of a public school,

Ê shall be presumed to have acted other than in the course of the person’s regular employment or profession.

      8.  Any person who gratuitously and in good faith renders emergency medical care involving the use of an automated external defibrillator is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      9.  A business or organization that has placed an automated external defibrillator for use on its premises is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by the person rendering such care or for providing the automated external defibrillator to the person for the purpose of rendering such care if the business or organization:

      (a) Complies with all current federal and state regulations governing the use and placement of an automated external defibrillator;

      (b) Ensures that the automated external defibrillator is maintained and tested according to the operational guidelines established by the manufacturer; and

      (c) Establishes requirements for the notification of emergency medical assistance and guidelines for the maintenance of the equipment.

      10.  As used in this section, “gratuitously” means that the person receiving care or assistance is not required or expected to pay any compensation or other remuneration for receiving the care or assistance.

      Sec. 25. NRS 86.555 is hereby amended to read as follows:

      86.555  1.  Except as otherwise provided by statute, an agency, board or commission that regulates an occupation or profession pursuant to title 54, 55 or 56 or chapter 437 of NRS may grant a license to a limited-liability company or a foreign limited-liability company if the agency, board or commission is authorized to grant a license to a corporation formed pursuant to chapter 78 of NRS.

 


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      2.  An agency, board or commission that makes a license available to a limited-liability company or foreign limited-liability company pursuant to subsection 1 shall adopt regulations:

      (a) Listing the persons in the limited-liability company or foreign limited-liability company who must qualify for the license or indicating that the agency, board or commission will use other means to determine whether the limited-liability company or foreign limited-liability company qualifies for a license;

      (b) Listing the persons who may engage in the activity for which the license is required on behalf of the limited-liability company or foreign limited-liability company;

      (c) Indicating whether the limited-liability company or foreign limited-liability company may engage in a business other than the business for which the license is required;

      (d) Listing the changes, if any, in the management or control of the limited-liability company or foreign limited-liability company that require notice, review, approval or other action by the agency, board or commission; and

      (e) Setting forth the conditions under which a limited-liability company or foreign limited-liability company may obtain a license.

      3.  An agency, board or commission that adopts regulations pursuant to subsection 2 shall not impose a restriction or requirement on a limited-liability company or foreign limited-liability company which is significantly different from or more burdensome than the restrictions or requirements imposed on a partnership or corporation.

      Sec. 26. NRS 200.495 is hereby amended to read as follows:

      200.495  1.  A professional caretaker who fails to provide such service, care or supervision as is reasonable and necessary to maintain the health or safety of a patient is guilty of criminal neglect of a patient if:

      (a) The act or omission is aggravated, reckless or gross;

      (b) The act or omission is such a departure from what would be the conduct of an ordinarily prudent, careful person under the same circumstances that it is contrary to a proper regard for danger to human life or constitutes indifference to the resulting consequences;

      (c) The consequences of the negligent act or omission could have reasonably been foreseen; and

      (d) The danger to human life was not the result of inattention, mistaken judgment or misadventure, but the natural and probable result of an aggravated reckless or grossly negligent act or omission.

      2.  Unless a more severe penalty is prescribed by law for the act or omission which brings about the neglect, a person who commits criminal neglect of a patient:

      (a) If the neglect results in death, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      (b) If the neglect results in substantial bodily harm, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If the neglect does not result in death or substantial bodily harm, is guilty of a gross misdemeanor.

 


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      3.  For the purposes of this section, a patient is not neglected for the sole reason that:

      (a) According to the patient’s desire, the patient is being furnished with treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religious denomination. Subsection 1 does not authorize or require any medical care or treatment over the implied or express objection of such a patient.

      (b) Life-sustaining treatment was withheld or withdrawn in accordance with a valid declaration by the patient or his or her agent pursuant to NRS 162A.790.

      4.  Upon the conviction of a person for a violation of the provisions of subsection 1, the Attorney General shall give notice of the conviction to the licensing boards which:

      (a) Licensed the facility in which the criminal neglect occurred; and

      (b) If applicable, licensed the person so convicted.

      5.  As used in this section:

      (a) “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      (b) “Patient” means a person who resides or receives health care in a medical facility.

      (c) “Professional caretaker” means a person who:

             (1) Holds a license, registration or permit issued pursuant to title 54 or chapter 437 or 449 of NRS;

             (2) Is employed by, an agent of or under contract to perform services for, a medical facility; and

             (3) Has responsibility to provide care to patients.

Ê The term does not include a person who is not involved in the day-to-day operation or management of a medical facility unless that person has actual knowledge of the criminal neglect of a patient and takes no action to cure such neglect.

      Sec. 27. NRS 200.5093 is hereby amended to read as follows:

      200.5093  1.  Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

      (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:

             (1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

             (2) A police department or sheriff’s office; or

             (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

 


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or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

      3.  Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS , behavior analyst, assistant behavior analyst, registered behavior technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

      (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.

      (c) A coroner.

      (d) Every person who maintains or is employed by an agency to provide personal care services in the home.

      (e) Every person who maintains or is employed by an agency to provide nursing in the home.

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

      (g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R. § 1321.11.

      (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

      (i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.

      (k) Every social worker.

      (l) Any person who owns or is employed by a funeral home or mortuary.

      (m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.

 


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      (n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings. The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

      (b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450; and

      (c) Unit for the Investigation and Prosecution of Crimes.

      8.  If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.

      9.  A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

      10.  As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.

      Sec. 28. NRS 200.5095 is hereby amended to read as follows:

      200.5095  1.  Reports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.

      2.  A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:

      (a) Pursuant to a criminal prosecution;

      (b) Pursuant to NRS 200.50982; or

      (c) To persons or agencies enumerated in subsection 3,

Ê is guilty of a misdemeanor.

 


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      3.  Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:

      (a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;

      (b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;

      (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

      (d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

      (e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

      (f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

      (g) Any comparable authorized person or agency in another jurisdiction;

      (h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

      (i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

      (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally incapacitated;

      (k) An attorney appointed by a court to represent a protected person in a guardianship proceeding pursuant to NRS 159.0485, if:

             (1) The protected person is an older person or vulnerable person;

             (2) The identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected; and

             (3) The attorney of the protected person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment; or

      (l) The State Guardianship Compliance Office created by NRS 159.341.

      4.  If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 437, 449, 630 to 641B, inclusive, 653 or 654 of NRS, the information contained in the report must be submitted to the board that issued the license.

      5.  If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

 


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subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

      Sec. 29. NRS 218G.400 is hereby amended to read as follows:

      218G.400  1.  Except as otherwise provided in subsection 2, each board created by the provisions of NRS 590.485 and chapters 437, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS shall:

      (a) If the revenue of the board from all sources is less than $200,000 for any fiscal year and, if the board is a regulatory body pursuant to NRS 622.060, the board has submitted to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year. The Legislative Auditor shall prepare and make available a form that must be used by a board to prepare such a balance sheet.

      (b) If the revenue of the board from all sources is $200,000 or more for any fiscal year, or if the board is a regulatory body pursuant to NRS 622.060 and has failed to submit to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for that fiscal year and file a report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year.

      2.  In lieu of preparing a balance sheet or having an audit conducted for a single fiscal year, a board may engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for a period covering two successive fiscal years. If such an audit is conducted, the board shall file the report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of the second fiscal year.

      3.  The cost of each audit conducted pursuant to subsection 1 or 2 must be paid by the board that is audited. Each such audit must be conducted in accordance with generally accepted auditing standards, and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.

      4.  Whether or not a board is required to have its fiscal records audited pursuant to subsection 1 or 2, the Legislative Auditor shall audit the fiscal records of any such board whenever directed to do so by the Legislative Commission. When the Legislative Commission directs such an audit, the Legislative Commission shall also determine who is to pay the cost of the audit.

      5.  A person who is a state officer or employee of a board is guilty of nonfeasance if the person:

      (a) Is responsible for preparing a balance sheet or having an audit conducted pursuant to this section or is responsible for preparing or maintaining the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section; and

 


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      (b) Knowingly fails to prepare the balance sheet or have the audit conducted pursuant to this section or knowingly fails to prepare or maintain the fiscal records that are necessary to prepare a balance sheet or have an audit conducted pursuant to this section.

      6.  In addition to any other remedy or penalty, a person who is guilty of nonfeasance pursuant to this section forfeits the person’s state office or employment and may not be appointed to a state office or position of state employment for a period of 2 years following the forfeiture. The provisions of this subsection do not apply to a state officer who may be removed from office only by impeachment pursuant to Article 7 of the Nevada Constitution.

      Sec. 30. NRS 284.013 is hereby amended to read as follows:

      284.013  1.  Except as otherwise provided in subsection 4, this chapter does not apply to:

      (a) Agencies, bureaus, commissions, officers or personnel in the Legislative Department or the Judicial Department of State Government, including the Commission on Judicial Discipline;

      (b) Any person who is employed by a board, commission, committee or council created in chapters 437, 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 652, 654 and 656 of NRS; or

      (c) Officers or employees of any agency of the Executive Department of the State Government who are exempted by specific statute.

      2.  Except as otherwise provided in subsection 3, the terms and conditions of employment of all persons referred to in subsection 1, including salaries not prescribed by law and leaves of absence, including, without limitation, annual leave and sick and disability leave, must be fixed by the appointing or employing authority within the limits of legislative appropriations or authorizations.

      3.  Except as otherwise provided in this subsection, leaves of absence prescribed pursuant to subsection 2 must not be of lesser duration than those provided for other state officers and employees pursuant to the provisions of this chapter. The provisions of this subsection do not govern the Legislative Commission with respect to the personnel of the Legislative Counsel Bureau.

      4.  Any board, commission, committee or council created in chapters 437, 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 652, 654 and 656 of NRS which contracts for the services of a person, shall require the contract for those services to be in writing. The contract must be approved by the State Board of Examiners before those services may be provided.

      5.  To the extent that they are inconsistent or otherwise in conflict, the provisions of this chapter do not apply to any terms and conditions of employment that are properly within the scope of and subject to the provisions of a collective bargaining agreement or a supplemental bargaining agreement that is enforceable pursuant to the provisions of NRS 288.400 to 288.630, inclusive.

      Sec. 31. NRS 287.0276 is hereby amended to read as follows:

      287.0276  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

 


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disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

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

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

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

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

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

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

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

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

Ê A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance may request a copy of and review a treatment plan created pursuant to this subsection.

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

      7.  Nothing in this section shall be construed as requiring a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance to provide reimbursement to a school for services delivered through school services.

 


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State of Nevada that provides health insurance through a plan of self-insurance to provide reimbursement to a school for services delivered through school services.

      8.  As used in this section:

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

      (b) “Autism spectrum disorder” has the meaning ascribed to it in NRS 427A.875.

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

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

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

      (f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

      (g) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

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

 


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

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

      Sec. 32. NRS 353.005 is hereby amended to read as follows:

      353.005  Except as otherwise provided in NRS 353.007, the provisions of this chapter do not apply to boards created by the provisions of NRS 590.485 and chapters 437, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS and the officers and employees of those boards.

      Sec. 33. NRS 353A.020 is hereby amended to read as follows:

      353A.020  1.  The Director, in consultation with the Committee and Legislative Auditor, shall adopt a uniform system of internal accounting and administrative control for agencies. The elements of the system must include, without limitation:

      (a) A plan of organization which provides for a segregation of duties appropriate to safeguard the assets of the agency;

      (b) A plan which limits access to assets of the agency to persons who need the assets to perform their assigned duties;

      (c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;

      (d) A system of practices to be followed in the performance of the duties and functions of each agency; and

      (e) An effective system of internal review.

      2.  The Director, in consultation with the Committee and Legislative Auditor, may modify the system whenever the Director considers it necessary.

      3.  Each agency shall develop written procedures to carry out the system of internal accounting and administrative control adopted pursuant to this section.

      4.  For the purposes of this section, “agency” does not include:

      (a) A board created by the provisions of NRS 590.485 and chapters 437, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS.

      (b) The Nevada System of Higher Education.

      (c) The Public Employees’ Retirement System.

      (d) The Housing Division of the Department of Business and Industry.

      (e) The Colorado River Commission of Nevada.

      Sec. 34. NRS 353A.025 is hereby amended to read as follows:

      353A.025  1.  The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

      2.  On or before July 1 of each even-numbered year, the head of each agency shall report to the Director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020. The reports must be made available for inspection by the members of the Legislature.

 


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      3.  For the purposes of this section, “agency” does not include:

      (a) A board created by the provisions of NRS 590.485 and chapters 437, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS.

      (b) The Nevada System of Higher Education.

      (c) The Public Employees’ Retirement System.

      (d) The Housing Division of the Department of Business and Industry.

      (e) The Colorado River Commission of Nevada.

      4.  The Director shall, on or before the first Monday in February of each odd-numbered year, submit a report on the status of internal accounting and administrative controls in agencies to the:

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

             (1) Senate Standing Committee on Finance; and

             (2) Assembly Standing Committee on Ways and Means;

      (b) Governor; and

      (c) Legislative Auditor.

      5.  The report submitted by the Director pursuant to subsection 4 must include, without limitation:

      (a) The identification of each agency that has not complied with the requirements of subsections 1 and 2;

      (b) The identification of each agency that does not have an effective method for reviewing its system of internal accounting and administrative control; and

      (c) The identification of each agency that has weaknesses in its system of internal accounting and administrative control, and the extent and types of such weaknesses.

      Sec. 35. NRS 353A.045 is hereby amended to read as follows:

      353A.045  The Administrator shall:

      1.  Report to the Director.

      2.  Develop long-term and annual work plans to be based on the results of periodic documented risk assessments. The annual work plan must list the agencies to which the Division will provide training and assistance and be submitted to the Director for approval. Such agencies must not include:

      (a) A board created by the provisions of NRS 590.485 and chapters 437, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS.

      (b) The Nevada System of Higher Education.

      (c) The Public Employees’ Retirement System.

      (d) The Housing Division of the Department of Business and Industry.

      (e) The Colorado River Commission of Nevada.

      3.  Provide a copy of the approved annual work plan to the Legislative Auditor.

      4.  In consultation with the Director, prepare a plan for auditing executive branch agencies for each fiscal year and present the plan to the Committee for its review and approval. Each plan for auditing must:

      (a) State the agencies which will be audited, the proposed scope and assignment of those audits and the related resources which will be used for those audits; and

      (b) Ensure that the internal accounting, administrative controls and financial management of each agency are reviewed periodically.

 


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      5.  Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his or her findings.

      6.  Review each agency that is audited pursuant to subsection 5 and advise those agencies concerning internal accounting, administrative controls and financial management.

      7.  Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:

      (a) The adequacy of the internal accounting and administrative controls of the agency; and

      (b) The efficiency and effectiveness of the management of the agency.

      8.  Report any possible abuses, illegal actions, errors, omissions and conflicts of interest of which the Division becomes aware during the performance of an audit.

      9.  Adopt the standards of The Institute of Internal Auditors for conducting and reporting on internal audits.

      10.  Consult with the Legislative Auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort and undue disruption of the functions of agencies that are audited pursuant to subsection 5.

      Sec. 36. NRS 422.2719 is hereby amended to read as follows:

      422.2719  1.  The Director shall include in the State Plan for Medicaid a requirement that the State pay the nonfederal share of expenditures incurred for screening for and diagnosis of fetal alcohol spectrum disorders and for treatment of fetal alcohol spectrum disorders to persons under the age of 19 years or, if enrolled in high school, until the person reaches the age of 21 years.

      2.  A managed care organization, including a health maintenance organization, that provides health care services to recipients of Medicaid under the State Plan for Medicaid or the Children’s Health Insurance Program pursuant to a contract with the Division, which provides coverage for outpatient care shall not require a longer waiting period for coverage for outpatient care related to fetal alcohol spectrum disorders than is required for other outpatient care covered by the plan.

      3.  A managed care organization shall cover medically necessary treatment of a fetal alcohol spectrum disorder.

      4.  Treatment of a fetal alcohol spectrum disorder must be identified in a treatment plan and must include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

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

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

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

      5.  Nothing in this section shall be construed as requiring a managed care organization to provide reimbursement to a school for services delivered through school services.

      6.  As used in this section:

 


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

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

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

      (d) “Fetal alcohol spectrum disorder” has the meaning ascribed to it in NRS 432B.0655.

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

      (f) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

      (g) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

      (h) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

      (i) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.

      (j) “Medically necessary” means health care services or products that a prudent physician or psychologist would provide to a patient to prevent, diagnose or treat an illness, injury or disease, or any symptoms thereof, that are necessary and which are:

             (1) Provided in accordance with generally accepted standards of medical practice;

             (2) Clinically appropriate for the type, frequency, extent, location and duration;

             (3) Not primarily provided for the convenience of the patient, physician, psychologist or other provider of health care;

             (4) Required to improve a specific health condition of the patient or to preserve the existing state of health of the patient; and

 


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             (5) The most clinically appropriate level of health care that may be safely provided to the patient.

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

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

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

      (n) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

      (o) “Screening for and diagnosis of fetal alcohol spectrum disorders” means medically appropriate assessments, evaluations or tests to screen and diagnose whether a person has a fetal alcohol spectrum disorder.

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

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

      Sec. 37. NRS 425.500 is hereby amended to read as follows:

      425.500  As used in NRS 425.500 to 425.560, inclusive, unless the context otherwise requires, “agency that issues a professional or occupational license, certificate or permit pursuant to title 54 of NRS” means any officer, agency, board or commission of this State which has the authority to regulate a profession or occupation pursuant to title 54 or chapter 437 of NRS and which is prohibited by specific statute from issuing or renewing a license, certificate or permit unless the applicant for the issuance or renewal of that license, certificate or permit submits to the officer, agency, board or commission the statement prescribed by the Division pursuant to NRS 425.520.

      Sec. 38. NRS 425.530 is hereby amended to read as follows:

      425.530  1.  Each district attorney or other public agency collecting support for children shall send a notice by certified mail, restricted delivery, with return receipt requested to each person who is issued a professional or occupational license, certificate or permit pursuant to title 54 or chapter 437 of NRS and:

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

      (b) Is in arrears in the payment for the support of one or more children.

Ê The notice must include the information set forth in subsections 2 and 4 and a copy of the subpoena or warrant or a statement of the amount of the arrearage.

      2.  If the person does not, within 30 days after the person receives the notice required by subsection 1:

      (a) Comply with the subpoena or warrant;

      (b) Satisfy the arrearage pursuant to NRS 425.560; or

      (c) Submit to the district attorney or other public agency a written request for a hearing,

 


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Ê the district attorney or other public agency shall request in writing that the master suspend any professional or occupational license, certificate or permit issued pursuant to title 54 or chapter 437 of NRS to that person.

      3.  Before a hearing requested pursuant to subsection 2 may be held, the person requesting the hearing and a representative of the enforcing authority must meet and make a good faith effort to resolve the matter.

      4.  If the master receives from a district attorney or other public agency a request to suspend any professional or occupational license, certificate or permit issued pursuant to title 54 or chapter 437 of NRS to a person, the master shall enter a recommendation determining whether the person:

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

      (b) Is in arrears in the payment for the support of one or more children.

Ê As soon as practicable after the master enters a recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

      5.  If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required in subsection 3, a hearing must be held pursuant to NRS 425.3832. The master shall notify the person of the recommendation of the master at the conclusion of the hearing or as soon thereafter as is practicable.

      Sec. 39. NRS 425.540 is hereby amended to read as follows:

      425.540  1.  If a master enters a recommendation determining that a person who is issued a professional or occupational license, certificate or permit pursuant to title 54 or chapter 437 of NRS:

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

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

Ê and the district court issues an order approving the recommendation of the master pursuant to NRS 425.3844, the court shall provide a copy of the order to all agencies that issue professional or occupational licenses, certificates or permits pursuant to title 54 or chapter 437 of NRS.

      2.  A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional or occupational license, certificate or permit pursuant to title 54 or chapter 437 of NRS to that person a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, any professional or occupational license, certificate or permit issued pursuant to title 54 or chapter 437 of NRS to the person by that agency will be automatically suspended.

      3.  If a court issues an order pursuant to subsection 1, the district attorney or other public agency shall send a notice by first-class mail to the person who is subject to the order. The notice must include:

      (a) If the person has failed to comply with a subpoena or warrant, a copy of the court order and a copy of the subpoena or warrant; or

      (b) If the person is in arrears in the payment for the support of one or more children:

 


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             (1) A copy of the court order;

             (2) A statement of the amount of the arrearage; and

             (3) A statement of the action that the person may take to satisfy the arrearage pursuant to NRS 425.560.

      Sec. 40. NRS 425.560 is hereby amended to read as follows:

      425.560  For the purposes of NRS 425.520 to 425.560, inclusive:

      1.  A person who is issued a professional or occupational license, certificate or permit pursuant to title 54 or chapter 437 of NRS is in arrears in the payment for the support of one or more children if:

      (a) The person:

             (1) Owes a total of more than $1,000 for the support of one or more children for which payment is past due; and

             (2) Is delinquent for not less than 2 months in payments for the support of one or more children or any payments ordered by a court for arrearages in such payments; or

      (b) The person has failed to provide medical insurance for a child as required by a court order.

      2.  A person who is in arrears in the payment for the support of one or more children pursuant to subsection 1 may satisfy the arrearage by:

      (a) Paying all of the past due payments;

      (b) If the person is unable to pay all past due payments:

             (1) Paying the amounts of the overdue payments for the preceding 12 months which a court has determined are in arrears; or

             (2) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order; or

      (c) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

      Sec. 41. NRS 427A.040 is hereby amended to read as follows:

      427A.040  1.  The Division shall, consistent with the priorities established by the Commission pursuant to NRS 427A.038:

      (a) Serve as a clearinghouse for information related to problems of the aged and aging.

      (b) Assist the Director in all matters pertaining to problems of the aged and aging.

      (c) Develop plans, conduct and arrange for research and demonstration programs in the field of aging.

      (d) Provide technical assistance and consultation to political subdivisions with respect to programs for the aged and aging.

      (e) Prepare, publish and disseminate educational materials dealing with the welfare of older persons.

      (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

      (g) Stimulate more effective use of existing resources and available services for the aged and aging.

      (h) Develop and coordinate efforts to carry out a comprehensive State Plan for Providing Services to Meet the Needs of Older Persons. In developing and revising the State Plan, the Division shall consider, among other things, the amount of money available from the Federal Government for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

 


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for services to aging persons and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to aging persons.

      (i) Coordinate all state and federal funding of service programs to the aging in the State.

      2.  The Division shall:

      (a) Provide access to information about services or programs for persons with disabilities that are available in this State.

      (b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

             (1) Developing and improving policies of this State concerning programs or services for persons with disabilities, including, without limitation, policies concerning the manner in which complaints relating to services provided pursuant to specific programs should be addressed; and

             (2) Making recommendations concerning new policies or services that may benefit persons with disabilities.

      (c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

      (d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons with disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities. To inform local governmental agencies in this State of services and programs of other local governmental agencies in this State for persons with disabilities pursuant to this subsection, the Division shall:

             (1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic network that connects the Division to each of the local governmental agencies that provides services or programs to persons with disabilities;

             (2) Work with counties and other local governmental entities in this State that do not provide services or programs to persons with disabilities to establish such services or programs; and

             (3) Assist local governmental agencies in this State to locate sources of funding from the Federal Government and other private and public sources to establish or enhance services or programs for persons with disabilities.

      (e) Administer the following programs in this State that provide services for persons with disabilities:

             (1) The program established pursuant to NRS 427A.791, 427A.793 and 427A.795 to provide services for persons with physical disabilities;

             (2) The programs established pursuant to NRS 427A.800, 427A.850 and 427A.860 to provide services to persons with traumatic brain injuries;

             (3) The program established pursuant to NRS 427A.610 to provide hearing aids to children who are hard of hearing;

             (4) The program established pursuant to NRS 427A.797 to provide devices for telecommunication to persons who are deaf and persons with impaired speech or hearing;

             (5) Any state program for independent living established pursuant to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 385.4, or the designated state entity, as that term is defined in 45 C.F.R. § 1329.4, as applicable; and

 


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of Employment, Training and Rehabilitation acting as the designated state unit, as that term is defined in 34 C.F.R. § 385.4, or the designated state entity, as that term is defined in 45 C.F.R. § 1329.4, as applicable; and

             (6) Any state program established pursuant to the Assistive Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.

      (f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities and identify sources of funding for new housing opportunities for persons with disabilities.

      (g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and members of the public in this State through the use of surveys, focus groups, hearings or councils of persons with disabilities to receive:

             (1) Meaningful input from persons with disabilities regarding the extent to which such persons are receiving services, including, without limitation, services described in their individual service plans, and their satisfaction with those services; and

             (2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

      (h) Publish and make available to governmental entities and the general public a biennial report which:

             (1) Provides a strategy for the expanding or restructuring of services in the community for persons with disabilities that is consistent with the need for such expansion or restructuring;

             (2) Reports the progress of the Division in carrying out the strategic planning goals for persons with disabilities identified pursuant to chapter 541, Statutes of Nevada 2001;

             (3) Documents significant problems affecting persons with disabilities when accessing public services, if the Division is aware of any such problems;

             (4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting; and

             (5) Recommends strategies and, if determined necessary by the Division, legislation for improving the ability of the State to provide services to persons with disabilities and advocate for the rights of persons with disabilities.

      3.  The Division shall confer with the Department as the sole state agency in the State responsible for administering the provisions of this chapter and chapter 435 of NRS.

      4.  The Division shall [:

      (a) Administer] administer the provisions of chapters 435 and 656A of NRS . [; and

      (b) Assist the Board of Applied Behavior Analysis in the administration of the provisions of chapter 437 of NRS as prescribed in that chapter.]

      5.  The Division may contract with any appropriate public or private agency, organization or institution, in order to carry out the provisions of this chapter and chapter 435 of NRS.

 


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      Sec. 42. NRS 432B.220 is hereby amended to read as follows:

      432B.220  1.  Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

      (a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency; and

      (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

      2.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

      (a) A person directly responsible or serving as a volunteer for or an employee of a public or private home, institution or facility where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enforcement agency.

      (b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

      3.  Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services. A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

      4.  A report must be made pursuant to subsection 1 by the following persons:

      (a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 437, 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C or 653 of NRS.

      (b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

      (c) A coroner.

      (d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

 


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      (e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.

      (f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

      (g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.

      (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

      (i) Except as otherwise provided in NRS 432B.225, an attorney.

      (j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

      (k) Any person who is employed by or serves as a volunteer for a youth shelter. As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.

      (l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.

      5.  A report may be made by any other person.

      6.  If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency. If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report. If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report. The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcement agency. The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

      7.  The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

 


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      8.  The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

      9.  Before a person may serve as a volunteer at a public school or private school, the school must:

      (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and NRS 392.303;

      (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303; and

      (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.

      10.  As used in this section:

      (a) “Private school” has the meaning ascribed to it in NRS 394.103.

      (b) “Public school” has the meaning ascribed to it in NRS 385.007.

      Sec. 43. Chapter 437 of NRS is hereby amended by adding thereto the provisions set forth as sections 44 and 45 of this act.

      Sec. 44.  The Board shall:

      1.  Require each new member of the Board to complete orientation within 60 days after his or her appointment to the Board. Such orientation must include, without limitation, instruction concerning:

      (a) The purpose of the Board and the duties of Board members;

      (b) Any applicable laws and regulations, including, without limitation, the provisions NRS 437.400 to 437.490, inclusive, and the importance of complying with applicable laws and regulations in a timely manner; and

      (c) Any requirements relating to managing the finances of the Board.

      2.  Establish policies relating to compensation and reviewing the performance of the staff of the Board.

      Sec. 45.  The Board may contract with any appropriate public or private agency, organization or institution in order to carry out the provisions of this chapter. The purposes of such a contract may include, without limitation:

      1.  To obtain assistance in processing applications for the issuance or renewal of a license;

      2.  To obtain technical assistance;

      3.  To facilitate cooperation with another board or licensing entity in this State or any other jurisdiction;

      4.  To obtain recommendations to improve and standardize procedures used by the Board; and

      5.  To obtain assistance in identifying resources for improving the operations of the Board.

 


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      Sec. 46. NRS 437.005 is hereby amended to read as follows:

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

      Sec. 47. NRS 437.010 is hereby amended to read as follows:

      437.010  “Behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst pursuant to this chapter.

      Sec. 48. NRS 437.040 is hereby amended to read as follows:

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

      [1.](a) The empirical identification of functional relations between environment and behavior; [and

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

Ê] ; and

      (c) The use of interventions based on scientific research and the direct and indirect observation and measurement of relations between environment and behavior.

      2.  The term [includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst or registered behavior technician.] does not include diagnosis, psychological testing, psychotherapy, cognitive therapy, psychoanalysis or counseling.

      Sec. 49. NRS 437.050 is hereby amended to read as follows:

      437.050  “Registered behavior technician” means a person who:

      1.  Is certified as a registered behavior technician by the Behavior Analyst Certification Board, Inc., or its successor organization;

      2.  Is registered as such pursuant to this chapter; and

      3.  [Provides behavioral therapy] Engages in applied behavior analysis services under [the] supervision [of:

      (a) A licensed psychologist;

      (b) A licensed behavior analyst; or

      (c) A licensed assistant behavior analyst.] as required by NRS 437.505.

      Sec. 50. NRS 437.060 is hereby amended to read as follows:

      437.060  The provisions of this chapter do not apply to:

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

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

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

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

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

 


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

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

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

      9.  Any member of the clergy;

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

      11.  [A person who provides applied behavior analysis] An employee of a school district or charter school when providing services to a pupil in a public school in a manner consistent with the [training and experience of the person,] duties of his or her position,

Ê if such a person does not commit an act described in NRS 437.510 or represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician.

      Sec. 51. NRS 437.065 is hereby amended to read as follows:

      437.065  1.  A person is not required to be licensed or registered pursuant to this chapter if he or she:

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

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

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

      (d) Provides academic services, including, without limitation, tutoring, instructional design, curriculum production, assessment research and design, or test preparation but does not otherwise separately provide applied behavior analysis services directly to natural persons; or

      (e) Conducts academic research relating to applied behavior analysis as a primary job responsibility but does not otherwise separately provide applied behavior analysis services directly to natural persons.

      2.  A person described in subsection 1:

      (a) May refer to himself or herself as a behavior analyst; and

      (b) Shall not represent or imply that he or she is licensed or registered pursuant to this chapter.

      Sec. 52. NRS 437.075 is hereby amended to read as follows:

      437.075  1.  A licensed behavior analyst or assistant behavior analyst [or registered behavior technician] shall limit his or her practice of applied behavior analysis to his or her areas of competence, as documented by education, training and experience.

      2.  A registered behavior technician shall only perform duties that his or her supervising behavior analyst or assistant behavior analyst has deemed the registered behavior technician competent to perform.

 


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      3.  The Board shall adopt regulations to ensure that licensed behavior analysts and assistant behavior analysts and registered behavior technicians limit their practice of applied behavior analysis to their areas of competence.

      4.  A licensed behavior analyst or assistant behavior analyst or registered behavior technician shall comply with any applicable requirements concerning ethics prescribed by the Behavior Analyst Certification Board, Inc., or its successor organization.

      Sec. 53. NRS 437.100 is hereby amended to read as follows:

      437.100  1.  The Board of Applied Behavior Analysis is hereby created.

      2.  The Governor shall appoint to the Board:

      (a) [Four] Three voting members who are behavior analysts licensed in this State.

      (b) One voting member who is a behavior analyst or an assistant behavior analyst licensed in this State.

      (c) One voting member who is a representative of the general public who is interested in the practice of applied behavior analysis. This member must not be a behavior analyst or assistant behavior analyst, an applicant or a former applicant for licensure as a behavior analyst or assistant behavior analyst, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a behavior analyst or assistant behavior analyst, or a member of a household that includes a behavior analyst or assistant behavior analyst.

      3.  After the initial term, the Governor shall appoint each member of the Board to a term of 4 years. No member of the Board may serve more than two consecutive terms.

      4.  The Board shall hold a regular meeting at least once a year. The Board shall hold a special meeting upon a call of the President or upon the request of a majority of the members. A majority of the Board constitutes a quorum.

      5.  At the regular annual meeting, the Board shall elect from its membership a President and a Secretary-Treasurer, who shall hold office for 1 year and until the election and qualification of their successors.

      6.  A member of the Board or an employee or agent of the Board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the Board pursuant to the provisions of this chapter.

      Sec. 54. NRS 437.130 is hereby amended to read as follows:

      437.130  [1.  Except as otherwise provided in subsection 2, the] The Board shall enforce the provisions of this chapter and may, under the provisions of this chapter:

      [(a)] 1.  Examine and pass upon the qualifications of applicants for licensure and registration [.

      (b)] ;

      2.  License and register qualified applicants [.

      (c)] ;

      3.  Revoke or suspend licenses and registrations [.] or impose other disciplinary action;

      [2.  Except as otherwise provided in this subsection, the Board may delegate to the Division, in whole or in part, any duty prescribed by subsection 1. The Board must make the final determination concerning the suspension or revocation of a license or registration or the imposition of any other disciplinary action.

 


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ê2021 Statutes of Nevada, Page 1628 (CHAPTER 289, SB 217)ê

 

      3.  The Division shall:

      (a)] 4.  Collect applications and fees and make disbursements pursuant to this chapter; and

      [(b) With the approval of the Board, conduct]

      5.  Conduct investigations [of licensees and registrants; and

      (c) Perform any duty delegated by the Board pursuant to subsection 2.] related to the duties of the Board under this chapter and take evidence on any matter under inquiry before the Board.

      Sec. 55. NRS 437.140 is hereby amended to read as follows:

      437.140  1.  The Board shall prescribe, by regulation, fees for [the issuance, renewal and reinstatement of a license or registration and] any [other] services provided by the [Division] Board pursuant to this chapter [.] and the following fees, which must not exceed:

 

Application for licensure as a behavior analyst or assistant behavior analyst.............................................. $100

Issuance of an initial license as a behavior analyst or assistant behavior analyst............................................ 25

Biennial renewal or reinstatement of a license as a behavior analyst............................................................... 550

Biennial renewal or reinstatement of a license as an assistant behavioral analyst........................................ 425

Biennial renewal or reinstatement of a registration as a registered behavior technician............................. 100

Placement of a license on inactive status................................................................................................................. 100

Biennial review of a license on inactive status........................................................................................................ 100

Restoration to active status of a license as a behavior analyst on inactive status if the restoration occurs during the first year of the biennium in which the license was issued or renewed.................................. 300

Restoration to active status of a license as a behavior analyst on inactive status if the restoration occurs during the second year of the biennium in which the license was issued or renewed............................. 100

Restoration to active status of a license as an assistant behavior analyst on inactive status if the restoration occurs during the first year of the biennium in which the license was issued or renewed..................... 175

Restoration to active status of a license as an assistant behavior analyst on inactive status if the restoration occurs during the second year of the biennium in which the license was issued or renewed.................. 40

Reproduction and mailing of material for an application...................................................................................... 25

A dishonored check......................................................................................................................................................... 35

A change of name on a license or registration.......................................................................................................... 25

A duplicate license or registration................................................................................................................................ 25

Copies of the provisions of NRS relating to the practice of applied behavior analysis and the rules and regulations adopted by the Board.......................................................................................................................... 25

Letter of good standing................................................................................................................................................... 15

Review and approval of a course or program of continuing education............................................................... 25

 


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ê2021 Statutes of Nevada, Page 1629 (CHAPTER 289, SB 217)ê

 

      2.  The Board shall ensure, to the extent practicable, that the amount of such fees is sufficient to pay the costs incurred by the Board [and the Division] under the provisions of this chapter, including, without limitation, the compensation of the Board prescribed by NRS 437.105, and does not exceed the amount necessary to pay those costs.

      [2.]3.  Money received from the licensure of behavior analysts and assistant behavior analysts and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board [or the Division] for purposes relating to the duties of the Board [or the Division] under the provisions of this chapter must be deposited by the Secretary-Treasurer of the Board in [a separate account in the State General Fund. The account must be administered by the Division. Money in the account must be expended solely for the purposes of this chapter and does not revert to the State General Fund. The compensation provided for by this chapter and all expenses incurred under this chapter must be paid from the money in the account.] a bank, credit union, savings and loan association or savings bank in this State to be expended for payment of compensation and expenses of the members and employees of the Board and for any other necessary purpose in the administration of this chapter.

      Sec. 56. NRS 437.145 is hereby amended to read as follows:

      437.145  1.  The [Division] Board shall make and keep:

      (a) A record of all violations and prosecutions under the provisions of this chapter.

      (b) A register of all licenses and registrations.

      (c) A register of all holders of licenses and registrations.

      2.  [These] Except as otherwise provided in this section, the records [must be kept in an office of the Division and, except as otherwise provided in this section,] described in subsection 1 are subject to public inspection during normal working hours upon reasonable notice.

      3.  Except as otherwise provided in NRS 239.0115, the [Division] Board may keep the personnel records of applicants confidential.

      4.  Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the [Division,] Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the [Division] Board requesting that such documents and information be made public records.

      5.  The charging documents filed with the [Division] Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the [Division and the] Board when determining whether to impose discipline are public records.

      6.  The provisions of this section do not prohibit the [Division or the] Board from communicating or cooperating with or providing any documents or other information to any licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

 


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ê2021 Statutes of Nevada, Page 1630 (CHAPTER 289, SB 217)ê

 

      Sec. 57. NRS 437.150 is hereby amended to read as follows:

      437.150  [An] A member, employee or agent of the [Division] Board is not liable in a civil action for any act performed in good faith and within the scope of the duties of the [Division] Board pursuant to the provisions of this chapter.

      Sec. 58. NRS 437.200 is hereby amended to read as follows:

      437.200  1.  Each person desiring a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician must:

      (a) Make application to the [Division] Board upon a form and in a manner prescribed by the [Division.] Board. The application must be accompanied by the application fee prescribed by the Board pursuant to NRS 437.140 and include all information required to complete the application.

      (b) [Except as otherwise provided in subsection 3, as] As part of the application and at his or her own expense:

             (1) Arrange to have a complete set of fingerprints taken by a law enforcement agency or other authorized entity acceptable to the [Division;] Board; and

             (2) Submit to the [Division:] Board:

                   (I) A complete set of fingerprints and written permission authorizing the [Division] Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the [Division] Board deems necessary for a report on the applicant’s background; or

                   (II) Written verification, on a form prescribed by the [Division,] Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the [Division] Board deems necessary for a report on the applicant’s background.

      2.  The [Division] Board may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 1, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the [Division] Board deems necessary; and

      (b) Request from each agency to which the [Division] Board submits the fingerprints any information regarding the applicant’s background as the [Division] Board deems necessary.

      3.  [An applicant for registration as a registered behavior technician is not required to comply with paragraph (b) of subsection 1 if he or she submits to the Division verification from a supervising psychologist, behavior analyst or assistant behavior analyst that:

      (a) Within 6 months immediately preceding the date on which the application was submitted, the Behavior Analyst Certification Board, Inc., or its successor organization, determined the applicant to be eligible for registration as a registered behavior technician; and

 


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ê2021 Statutes of Nevada, Page 1631 (CHAPTER 289, SB 217)ê

 

its successor organization, determined the applicant to be eligible for registration as a registered behavior technician; and

      (b) It is the policy of the Behavior Analyst Certification Board, Inc., or its successor organization, to conduct an investigation into the criminal background of an applicant for registration as a registered behavior technician or an equivalent credential that includes the submission of fingerprints to the Federal Bureau of Investigation.

      4.]  An application is not considered complete and received for purposes of evaluation pursuant to subsection 4 of NRS 437.205 until the [Division] Board receives [:

      (a) A] a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, and written authorization from the applicant pursuant to this section . [; or

      (b) If the application is for registration as a registered behavior technician, the documentation described in subsection 3.]

      Sec. 59. NRS 437.205 is hereby amended to read as follows:

      437.205  1.  Except as otherwise provided in NRS 437.215 and 437.220, each application for licensure as a behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is of good moral character as determined by the Board.

      (b) Holds current certification as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      2.  Each application for licensure as an assistant behavior analyst must be accompanied by evidence satisfactory to the Board that the applicant:

      (a) Is of good moral character as determined by the Board.

      (b) Holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization.

      3.  Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician [, or an equivalent credential,] by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization [.] and will be supervised by a person authorized by subsection 2 of NRS 437.505 to provide such supervision. The Board shall not require any additional education or training for registration as a registered behavior technician.

      4.  Except as otherwise provided in NRS 437.215 and 437.220, within 120 days after the [Division] Board receives an application and the accompanying evidence, the Board shall:

      (a) Evaluate the application and accompanying evidence and determine whether the applicant is qualified pursuant to this section for licensure or registration; and

      (b) Issue a written statement to the applicant of its determination.

      5.  If the Board determines that the qualifications of the applicant are insufficient for licensure or registration, the written statement issued to the applicant pursuant to subsection 4 must include a detailed explanation of the reasons for that determination.

 


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ê2021 Statutes of Nevada, Page 1632 (CHAPTER 289, SB 217)ê

 

      Sec. 60. NRS 437.207 is hereby amended to read as follows:

      437.207  1.  The Board shall not deny the application of a person for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician pursuant to NRS 437.200 based solely on his or her immigration or citizenship status.

      2.  Notwithstanding the provisions of NRS 437.210, an applicant for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a license as a behavior analyst or assistant behavior analyst or registration as a behavior technician.

      3.  The Board [and the Division] shall not disclose to any person who is not employed by the Board [or the Division] the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:

      (a) Tax purposes;

      (b) Licensing purposes; and

      (c) Enforcement of an order for the payment of child support.

      4.  A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Board [or the Division] is confidential and is not a public record for the purposes of chapter 239 of NRS.

      Sec. 61. NRS 437.210 is hereby amended to read as follows:

      437.210  1.  In addition to any other requirements set forth in this chapter:

      (a) An applicant for the issuance of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician shall include the social security number of the applicant in the application submitted to the [Division.] Board.

      (b) An applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician shall submit to the [Aging and Disability Services Division] Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The [Aging and Disability Services Division] Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license or registration; or

      (b) A separate form prescribed by the [Division.] Board.

      3.  A license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician must not be issued or renewed by the Board if the applicant:

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

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

 


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ê2021 Statutes of Nevada, Page 1633 (CHAPTER 289, SB 217)ê

 

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the [Aging and Disability Services Division] Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 62. NRS 437.210 is hereby amended to read as follows:

      437.210  1.  In addition to any other requirements set forth in this chapter [:

      (a) An applicant for the issuance of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician shall include the social security number of the applicant in the application submitted to the Board.

      (b) An] , an applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Board shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the license or registration; or

      (b) A separate form prescribed by the Board.

      3.  A license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician must not be issued or renewed by the Board if the applicant:

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

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

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Board shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 63. NRS 437.215 is hereby amended to read as follows:

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

 


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ê2021 Statutes of Nevada, Page 1634 (CHAPTER 289, SB 217)ê

 

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

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

             (1) Satisfies the requirements of subsection 1;

             (2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a license as a behavior analyst [;] or by the Behavior Analyst Certification Board, Inc., or its successor organization; and

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

      (b) A complete set of fingerprints and written permission authorizing the [Division] Board to forward the fingerprints in the manner provided in NRS 437.200;

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

      (d) The fee prescribed by the Board pursuant to the regulations adopted pursuant to NRS 437.140; and

      (e) Any other information required by the [Division.] Board.

      3.  Not later than [15] 30 business days after the [Division] Board receives an application for a license by endorsement as a behavior analyst pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a behavior analyst to the applicant not later than:

      (a) Forty-five days after receiving the application; or

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

Ê whichever occurs later.

      Sec. 64. NRS 437.220 is hereby amended to read as follows:

      437.220  1.  The Board may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set forth in this section. An applicant may submit to the [Division] Board an application for such a license if the applicant:

      (a) Holds a corresponding valid and unrestricted license as a behavior analyst in the District of Columbia or any state or territory of the United States; and

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

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

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

             (1) Satisfies the requirements of subsection 1;

             (2) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a license as a behavior analyst [;] or by the Behavior Analyst Certification Board, Inc., or its successor organization; and

 


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ê2021 Statutes of Nevada, Page 1635 (CHAPTER 289, SB 217)ê

 

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

      (b) A complete set of fingerprints and written permission authorizing the [Division] Board to forward the fingerprints in the manner provided in NRS 437.200;

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

      (d) The fee prescribed by the Board pursuant to the regulations adopted pursuant to NRS 437.140; and

      (e) Any other information required by the [Division.] Board.

      3.  Not later than [15] 30 business days after the [Division] Board receives an application for a license by endorsement as a behavior analyst pursuant to this section, the Board shall provide written notice to the applicant of any additional information required by the Board to consider the application. Unless the Board denies the application for good cause, the Board shall approve the application and issue a license by endorsement as a behavior analyst to the applicant not later than:

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

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

Ê whichever occurs later.

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

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

      Sec. 65. NRS 437.225 is hereby amended to read as follows:

      437.225  1.  To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the [Division] Board for renewal;

      (b) Pay the biennial fee for the renewal of a license or registration;

      (c) Submit evidence to the [Division:] Board:

             (1) Of completion of the requirements for continuing education as set forth in regulations adopted by the Board, if applicable; and

             (2) That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing; and

      (d) Submit all information required to complete the renewal.

      2.  In addition to the requirements of subsection 1, to renew registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 437.200.

      3.  The Board shall adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must:

 


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ê2021 Statutes of Nevada, Page 1636 (CHAPTER 289, SB 217)ê

 

      (a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behavior analysts, as applicable; and

      (b) Include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness.

      4.  The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.

      Sec. 66. NRS 437.335 is hereby amended to read as follows:

      437.335  1.  The license of any behavior analyst or assistant behavior analyst or the registration of a registered behavior technician who fails to pay the biennial fee for the renewal of a license or registration within 60 days after the date it is due is automatically suspended. The Board may, within 2 years after the date the license or registration is so suspended, reinstate the license or registration upon payment to the [Division] Board of the amount of the then current biennial fee for the renewal of a license or registration and the amount of the fee for the restoration of a license or registration so suspended. If the license or registration is not reinstated within 2 years, the Board may reinstate the license or registration only if it also determines that the holder of the license or registration is competent to practice as a behavior analyst, assistant behavior analyst or registered behavior technician, as applicable.

      2.  A notice must be sent to any person who fails to pay the biennial fee, informing the person that his or her license or registration is suspended.

      Sec. 67. NRS 437.400 is hereby amended to read as follows:

      437.400  1.  The Board may suspend or revoke a person’s license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, place the person on probation, require remediation for the person or take any other action specified by regulation if the [Division] Board finds by a preponderance of the evidence that the person has:

      (a) Been convicted of a felony relating to the practice of applied behavior analysis.

      (b) Been convicted of any crime or offense that reflects the inability of the person to practice applied behavior analysis with due regard for the health and safety of others.

      (c) Been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive.

      (d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of applied behavior analysis.

      (e) Except as otherwise provided in NRS 437.060 and 437.070, aided or abetted practice as a behavior analyst, assistant behavior analyst or registered behavior technician by a person who is not licensed or registered, as applicable, pursuant to this chapter.

      (f) Made any fraudulent or untrue statement to the [Division or the] Board.

      (g) Violated a regulation adopted by the Board.

      (h) Had a license, certificate or registration to practice applied behavior analysis suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia , [or] a foreign country [,] or the Behavior Analyst Certification Board, Inc., or its successor organization, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

 


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ê2021 Statutes of Nevada, Page 1637 (CHAPTER 289, SB 217)ê

 

Certification Board, Inc., or its successor organization, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      (i) Failed to report to the [Division] Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license, certificate or registration to practice applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

      (j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter [.] , including, without limitation, subsection 4 of section 52 of this act.

      (k) Performed or attempted to perform any professional service while impaired by alcohol or other substance or by a mental or physical illness, disorder or disease.

      (l) Engaged in sexual activity with a patient or client.

      (m) Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      (n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.

      (o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

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

      2.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

      Sec. 68. NRS 437.410 is hereby amended to read as follows:

      437.410  1.  If the [Division] Board or a hearing officer appointed by the [Division] Board finds a person guilty in a disciplinary proceeding, [the Division shall transmit notice of that finding to the Board. Upon receiving such notice,] the Board may:

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

      (c) Suspend the person’s license or registration for a period of not more than 1 year.

      (d) Revoke the person’s license or registration.

      (e) Impose a fine of not more than $5,000.

      (f) Revoke or suspend the person’s license or registration and impose a monetary penalty.

      (g) Suspend the enforcement of any penalty by placing the person on probation. The Board may revoke the probation if the person does not follow any conditions imposed.

      (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.

      (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.

      (j) Require the person to pay for the costs of remediation or restitution.

      2.  The Board shall not administer a private reprimand.

 


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ê2021 Statutes of Nevada, Page 1638 (CHAPTER 289, SB 217)ê

 

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

      Sec. 69. NRS 437.415 is hereby amended to read as follows:

      437.415  1.  If the [Division] Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses and permits issued to a person who is the holder of a license or registration issued pursuant to this chapter, the [Division shall transmit the copy to the Board. The] Board shall deem the license or registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the [Division] Board receives [and transmits to the Board] a letter issued to the holder of the license or registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license or registration issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the [Division] Board receives [and transmits to the Board] a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or registration was suspended stating that the person whose license or registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 70. NRS 437.420 is hereby amended to read as follows:

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

      2.  Proof of service of process or publication of notice made under this chapter must be filed with the [Division.] Board.

      Sec. 71. NRS 437.425 is hereby amended to read as follows:

      437.425  1.  The [Division] Board or a panel of its members or a hearing officer may [, with the approval of the Board,] issue subpoenas to compel the attendance of witnesses and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior analysis.

      2.  If any witness refuses to attend or testify or produce any article as required by the subpoena, the [Division] Board may [, with the approval of the Board,] file a petition with the district court stating that:

      (a) Due notice has been given for the time and place of attendance of the witness or the production of the required articles;

      (b) The witness has been subpoenaed pursuant to this section; and

      (c) The witness has failed or refused to attend or produce the articles required by the subpoena or has refused to answer questions propounded to him or her,

 


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Ê and asking for an order of the court compelling the witness to attend and testify before the [Division] Board or panel or a hearing officer, or produce the articles as required by the subpoena.

      3.  Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles. A certified copy of the order must be served upon the witness.

      4.  If it appears to the court that the subpoena was regularly issued, the court shall enter an order that the witness appear before the [Division] Board or panel or a hearing officer at the time and place fixed in the order and testify or produce the required articles, and upon failure to obey the order the witness must be dealt with as for contempt of court.

      Sec. 72. NRS 437.430 is hereby amended to read as follows:

      437.430  1.  The [Division, the] Board or any review panel of a hospital or an association of behavior analysts, assistant behavior analysts or registered behavior technicians which becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the [Division.] Board.

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

      Sec. 73. NRS 437.435 is hereby amended to read as follows:

      437.435  When a complaint is filed with the [Division,] Board, it shall review the complaint. If, from the complaint or from other official records, it appears that the complaint is not frivolous, the [Division] Board may : [, with the approval of the Board:]

      1.  Retain the Attorney General to investigate the complaint; and

      2.  If the [Division] Board retains the Attorney General, transmit the original complaint, along with further facts or information derived from the review, to the Attorney General.

      Sec. 74. NRS 437.440 is hereby amended to read as follows:

      437.440  1.  The [Division] Board shall [request the approval of the Board to] conduct an investigation of each complaint filed pursuant to NRS 437.430 which sets forth reason to believe that a person has violated NRS 437.500. [Upon the approval of the Board, the Division shall conduct such an investigation.]

      2.  If, after an investigation, the [Division] Board determines that a person has violated NRS 437.500, the [Division:] Board:

      (a) May : [, with the approval of the Board:]

             (1) Issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 437.500 until the person obtains the proper license or registration; and

             (2) Issue a citation to the person; and

      (b) Shall [request the approval of the Board to] provide a written summary of the [Division’s] Board’s determination and any information relating to the violation to the Attorney General. [Upon the approval of the Board, the Division shall provide such a summary to the Attorney General.]

 


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      3.  A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 437.500 constitutes a separate offense for which a separate citation may be issued.

      4.  For any person who violates the provisions of NRS 437.500, the [Division] Board shall assess an administrative fine of:

      (a) For a first violation, $500.

      (b) For a second violation, $1,000.

      (c) For a third or subsequent violation, $1,500.

      5.  To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the [Division] Board within 30 days after the date of issuance of the citation.

      Sec. 75. NRS 437.445 is hereby amended to read as follows:

      437.445  1.  If the [Division] Board retains the Attorney General pursuant to NRS 437.435, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license or registration. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the [Division] Board in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint.

      2.  The [Division] Board shall promptly make a determination with respect to each complaint reported to it by the Attorney General [and submit that determination to the Board. The Board shall:] and either:

      (a) Dismiss the complaint; or

      (b) Proceed with appropriate disciplinary action.

      Sec. 76. NRS 437.450 is hereby amended to read as follows:

      437.450  1.  Notwithstanding the provisions of chapter 622A of NRS, if the [Division] Board has reason to believe that the conduct of any behavior analyst, assistant behavior analyst or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the [Division] Board may [, with the approval of the Board,] , to assist the Board or its designee in determining competence, require the behavior analyst, assistant behavior analyst or registered behavior technician to [take a written or oral examination to determine whether the behavior analyst, assistant behavior analyst or registered behavior technician is competent to practice applied behavior analysis.] undergo:

      (a) A mental or physical examination administered by a qualified provider of health care;

      (b) An examination testing his or her competence to practice applied behavior analysis; or

      (c) Any other examination designated by the Board to be necessary to determine his or her competence to practice applied behavior analysis.

      2.  If an examination is required by the Board pursuant to subsection 1, the reasons therefor must be documented and made available to the behavior analyst, assistant behavior analyst or registered behavior technician being examined.

 


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      3.  An applicant or person who holds a license or registration pursuant to this chapter is deemed to consent to submit to an examination required pursuant to subsection 1 when the Board provides a written order for such an examination.

      4.  Any testimony, report or other information of the examining provider of health care received during an examination administered pursuant to subsection 1 is not a privileged communication.

      5.  Except in extraordinary circumstances, as determined by the Board, a behavior analyst, assistant behavior analyst or registered behavior technician who fails to submit to an examination required pursuant to subsection 1 after the Board provides a written order for such an examination shall be deemed to have admitted to the charge of the Board against him or her.

      6.  The Board may require a behavior analyst, assistance behavior analyst or registered behavior technician to pay the cost of an examination administered pursuant to subsection 1.

      7.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 77. NRS 437.460 is hereby amended to read as follows:

      437.460  Notwithstanding the provisions of chapter 622A of NRS, if the [Division] Board receives a report pursuant to subsection 5 of NRS 228.420, a disciplinary proceeding regarding the report must be commenced within 30 days after the [Division] Board receives the report.

      Sec. 78. NRS 437.465 is hereby amended to read as follows:

      437.465  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the [Division] Board or a hearing officer conducted under the provisions of this chapter:

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

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician is conclusive evidence of its occurrence.

      3.  The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.

      Sec. 79. NRS 437.475 is hereby amended to read as follows:

      437.475  [1.]  Notwithstanding the provisions of chapter 622A of NRS:

      [(a)] 1.  Pending disciplinary proceedings before the [Division] Board or a hearing officer, the court may, upon application by the [Division] Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst or a registered behavior technician which is harmful to the public, to limit the practice of the behavior analyst, assistant behavior analyst or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      [(b)] 2.  The disciplinary proceedings before the [Division] Board or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

 


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      [2.  The Division shall not make an application pursuant to subsection 1 without the approval of the Board.]

      Sec. 80. NRS 437.480 is hereby amended to read as follows:

      437.480  1.  The [Division, with the approval of the] Board [,] or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing in violation of NRS 437.510 or as a behavior analyst, assistant behavior analyst or registered behavior technician without the proper license or registration.

      2.  Such an injunction:

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

      (b) Does not relieve any person from criminal prosecution for practicing without a license or registration.

      Sec. 81. NRS 437.485 is hereby amended to read as follows:

      437.485  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the [Division,] Board, a review panel of a hospital, an association of behavior analysts, assistant behavior analysts or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 82. NRS 437.490 is hereby amended to read as follows:

      437.490  1.  Any person:

      (a) Whose practice of applied behavior analysis has been limited;

      (b) Whose license or registration has been revoked; or

      (c) Who has been placed on probation,

Ê by an order of the Board may apply to the [Division] Board after 1 year for removal of the limitation or termination of the probation or may apply to the [Division] Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license or registration.

      2.  In hearing the application, the [Division:] Board:

      (a) May require the person to submit such evidence of changed conditions and of fitness as it considers proper.

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

      [(c) Shall submit its determination concerning the application to the Board.]

      3.  [Upon receiving a determination of the Division pursuant to paragraph (c) of subsection 2, the] The Board may deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.

      Sec. 83. NRS 437.505 is hereby amended to read as follows:

      437.505  1.  A licensed assistant behavior analyst shall not [provide] engage in or supervise [behavioral therapy] the practice of applied behavior analysis except under the supervision of:

 


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      (a) A licensed psychologist [;] who:

             (1) Is certified as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization; and

             (2) Has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor; or

      (b) A licensed behavior analyst [.] who has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor.

      2.  A registered behavior technician shall not [provide therapy] engage in the practice of applied behavior analysis except under the supervision of:

      (a) A [licensed] psychologist [;] described in paragraph (a) of subsection 1;

      (b) A [licensed] behavior analyst [;] described in paragraph (b) of subsection 1; or

      (c) A licensed assistant behavior analyst [.] who has completed any requirements established by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, to serve as a supervisor.

      3.  A psychologist, behavior analyst or assistant behavior analyst who provides supervision pursuant to this section must comply with the requirements prescribed by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, concerning supervision.

      Sec. 84. NRS 437.510 is hereby amended to read as follows:

      437.510  Any person who:

      1.  Presents as his or her own the diploma, license, certificate, registration or credentials of another;

      2.  Gives either false or forged evidence of any kind to the [Division] Board in connection with an application for a license or registration;

      3.  Practices applied behavior analysis under a false or assumed name or falsely personates another behavior analyst, assistant behavior analyst or registered behavior technician of a like or different name;

      4.  Except as otherwise provided in NRS 437.060 and 437.065, represents himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician, or uses any title or description which indicates or implies that he or she is a behavior analyst, assistant behavior analyst or registered behavior technician, unless he or she has been issued a license or registration as required by this chapter; or

      5.  Except as otherwise provided in NRS 437.060, 437.065 and 437.070, practices as an applied behavior analyst, assistant behavior analyst or registered behavior technician unless he or she has been issued a license or registration, as applicable,

Ê is guilty of a gross misdemeanor.

      Sec. 85. NRS 439B.225 is hereby amended to read as follows:

      439B.225  1.  As used in this section, “licensing board” means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 435.3305 to 435.339, inclusive, chapter 437, 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 652, 653 or 654 of NRS.

      2.  The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:

 


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licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:

      (a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;

      (b) The effect of the regulation on the cost of health care in this State;

      (c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State; and

      (d) Any other related factor the Committee deems appropriate.

      3.  After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.

      4.  The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.

      Sec. 86. NRS 449.4329 is hereby amended to read as follows:

      449.4329  1.  Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:

      (a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in subsection 1 of NRS 449.4332;

      (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

      (c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;

      (d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in subsection 1 of NRS 449.4332; and

      (f) If an Internet website has been established pursuant to NRS 439.942:

             (1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division.

             (2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.

      2.  The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of NRS 449.4332.

 


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independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of NRS 449.4332.

      3.  The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:

      (a) The employee, employee of the temporary employment service or independent contractor agrees to allow the holder of a certificate to operate an intermediary service organization to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in subsection 1 of NRS 449.4332;

      (b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 or chapter 437 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of NRS 449.4332.

      4.  The holder of a certificate to operate an intermediary service organization shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at or for the intermediary service organization is investigated is completed as soon as practicable and at least once every 5 years after the date of the initial investigation. The holder of the certificate shall, when required:

      (a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;

      (b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.

      5.  Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in subsection 1 of NRS 449.4332 and immediately inform the Division and the holder of the certificate to operate an intermediary service organization for which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.

 


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of NRS 449.4332 and immediately inform the Division and the holder of the certificate to operate an intermediary service organization for which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.

      6.  The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The intermediary service organization may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. An intermediary service organization shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services to the intermediary service organization based upon the results of an investigation conducted pursuant to this section.

      7.  Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in subsection 1 of NRS 449.4332, is guilty of a misdemeanor.

      Sec. 87. NRS 686A.315 is hereby amended to read as follows:

      686A.315  1.  If a hospital submits to an insurer the form prescribed by the Director of the Department of Health and Human Services pursuant to NRS 449.485, that form must contain or be accompanied by a statement that reads substantially as follows:

 

       Any person who misrepresents or falsifies essential information requested on this form may, upon conviction, be subject to a fine and imprisonment under state or federal law, or both.

 

      2.  If a person who is licensed to practice one of the health professions regulated by title 54 or chapter 437 of NRS submits to an insurer the form commonly referred to as the “HCFA-1500” for a patient who is not covered by any governmental program which offers insurance coverage for health care, the form must be accompanied by a statement that reads substantially as follows:

 

       Any person who knowingly files a statement of claim containing any misrepresentation or any false, incomplete or misleading information may be guilty of a criminal act punishable under state or federal law, or both, and may be subject to civil penalties.

 

      3.  The failure to provide any of the statements required by this section is not a defense in a prosecution for insurance fraud pursuant to NRS 686A.291.

 


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      Sec. 88. NRS 689A.0435 is hereby amended to read as follows:

      689A.0435  1.  A health benefit plan must provide an option of coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders for persons covered by the policy under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

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

      (a) A maximum benefit of not less than the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

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

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

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

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

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

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

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

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

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

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

      7.  As used in this section:

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

      (b) “Autism spectrum disorder” has the meaning ascribed to it in NRS 427A.875.

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

 


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early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or registered behavior technician.

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

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

      (f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

      (g) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

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

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

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

      Sec. 89. NRS 689A.105 is hereby amended to read as follows:

      689A.105  Every insurer under a health insurance contract and every state agency for its records shall accept from:

      1.  A hospital the Uniform Billing and Claims Forms established by the American Hospital Association in lieu of its individual billing and claims forms.

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1649 (CHAPTER 289, SB 217)ê

 

      2.  An individual who is licensed to practice one of the health professions regulated by Title 54 or chapter 437 of NRS such uniform health insurance claims forms as the Commissioner shall prescribe, except in those cases where the Commissioner has excused uniform reporting.

      Sec. 90. NRS 689B.0335 is hereby amended to read as follows:

      689B.0335  1.  A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the policy of group health insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

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

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

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

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

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

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

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

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

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

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

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

      8.  As used in this section:

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1650 (CHAPTER 289, SB 217)ê

 

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

      (b) “Autism spectrum disorder” has the meaning ascribed to it in NRS 427A.875.

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

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

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

      (f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

      (g) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

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

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

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1651 (CHAPTER 289, SB 217)ê

 

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

      Sec. 91. NRS 689B.250 is hereby amended to read as follows:

      689B.250  Every insurer under a group health insurance contract or a blanket accident and health insurance contract and every state agency, for its records shall accept from:

      1.  A hospital the Uniform Billing and Claims Forms established by the American Hospital Association in lieu of its individual billing and claims forms.

      2.  An individual who is licensed to practice one of the health professions regulated by title 54 or chapter 437 of NRS such uniform health insurance claims forms as the Commissioner shall prescribe, except in those cases where the Commissioner has excused uniform reporting.

      Sec. 92. NRS 689C.1655 is hereby amended to read as follows:

      689C.1655  1.  A health benefit plan must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health benefit plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

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

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

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

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

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

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

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

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

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

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1652 (CHAPTER 289, SB 217)ê

 

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

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

      8.  As used in this section:

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

      (b) “Autism spectrum disorder” has the meaning ascribed to it in NRS 427A.875.

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

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

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

      (f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

      (g) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

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

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

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

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1653 (CHAPTER 289, SB 217)ê

 

      (k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

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

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

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

      Sec. 93. NRS 695C.1717 is hereby amended to read as follows:

      695C.1717  1.  A health care plan issued by a health maintenance organization must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

      2.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

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

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

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

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

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

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

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

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

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

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

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1654 (CHAPTER 289, SB 217)ê

 

legal effect of including the coverage required by subsection 1, and any provision of the evidence of coverage or the renewal which is in conflict with subsection 1 or 2 is void.

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

      8.  As used in this section:

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

      (b) “Autism spectrum disorder” has the meaning ascribed to it in NRS 427A.875.

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

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

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

      (f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

      (g) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

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

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

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

      (k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1655 (CHAPTER 289, SB 217)ê

 

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

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

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

      Sec. 94. NRS 695G.1645 is hereby amended to read as follows:

      695G.1645  1.  A health care plan issued by a managed care organization for group coverage must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

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

      3.  Coverage provided under this section is subject to:

      (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment; and

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

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

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

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

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

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

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

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

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1656 (CHAPTER 289, SB 217)ê

 

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

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

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

      9.  As used in this section:

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

      (b) “Autism spectrum disorder” has the meaning ascribed to it in NRS 427A.875.

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

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

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

      (f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

      (g) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

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

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

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1657 (CHAPTER 289, SB 217)ê

 

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

      (k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

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

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

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

      Sec. 95. Section 78 of chapter 588, Statutes of Nevada 2017, at page 4265, is hereby amended to read as follows:

       Sec. 78.  1.  This section and section 74 of this act become effective upon passage and approval.

       2.  Sections 1 to 71, inclusive, 73, 75, 76 and 77 of this act become effective on January 1, 2019.

       3.  Section 72 of this act becomes effective on July 1, 2026.

       4.  Sections 22 and 32 of this act expire by limitation on the date 2 years after on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

      Sec. 96. (Deleted by amendment.)

      Sec. 97.  On October 1, 2021, the Aging and Disability Services Division of the Department of Health and Human Services shall transfer any money in the account described in subsection 2 of NRS 437.140, as that section existed on September 30, 2021, to the Board of Applied Behavior Analysis. The Secretary-Treasurer of the Board shall deposit the money as required by NRS 437.140, as amended by section 55 of this act, as soon as practicable on or after October 1, 2021.

      Sec. 98.  1.  Any administrative regulations adopted by an officer, agency or other entity whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer, agency or other entity remain in force until amended by the officer, agency or other entity to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1658 (CHAPTER 289, SB 217)ê

 

officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 99.  The Legislative Counsel shall:

      1.  In preparing the reprint and supplements to the Nevada Revised Statutes, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      2.  In preparing supplements to the Nevada Administrative Code, appropriately change any references to an officer, agency or other entity whose name is changed or whose responsibilities are transferred pursuant to the provisions of this act to refer to the appropriate officer, agency or other entity.

      Sec. 100. NRS 437.025, 437.135 and 437.330 are hereby repealed.

      Sec. 101.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 36, inclusive, 41 to 61, inclusive, and 63 to 100, inclusive, of this act become effective:

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

      (b) On October 1, 2021, for all other purposes.

      3.  Sections 37 to 40, inclusive, and 62 of this act become effective on the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

      4.  Sections 37 to 40, inclusive, and 62 of this act expire by limitation on the date 2 years after the date on which the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational or recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

________

 


…………………………………………………………………………………………………………………

ê2021 Statutes of Nevada, Page 1659ê

 

CHAPTER 290, SB 229

Senate Bill No. 229–Senator Ratti

 

CHAPTER 290

 

[Approved: June 2, 2021]

 

AN ACT relating to pharmacists; revising requirements governing the collaborative practice of pharmacy and collaborative drug therapy management; making certain provisions relating to communicable diseases and exposure to biological, radiological or chemical agents applicable to pharmacists; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a pharmacist to engage in the collaborative practice of pharmacy or collaborative drug therapy management pursuant to a collaborative practice agreement entered into with a licensed practitioner who: (1) maintains an ongoing relationship with his or her patient; and (2) practices within 100 miles of the primary location where the pharmacist practices in this State. (NRS 639.2623) Section 2 of this bill removes these requirements and instead: (1) imposes certain requirements to ensure that the geographic distance between a practitioner and a pharmacist who enter into a collaborative practice agreement does not impair effective collaboration; and (2) prohibits a practitioner from entering into a collaborative practice agreement with a pharmacist that authorizes the pharmacist to engage in an activity that is outside the scope of practice of the practitioner. Section 2 additionally removes a prohibition on collaborative practice agreements for the management of controlled substances. Section 7 of this bill expressly authorizes a pharmacist to possess and administer a controlled substance pursuant to a collaborative practice agreement.

      Section 3 of this bill makes conforming changes to update references to reflect the changes made by section 2.

      Sections 1, 4 and 6 of this bill remove provisions limiting collaborative drug therapy management to patients who are in a medical facility or affiliated setting. Section 4 additionally prescribes requirements concerning the contents of written guidelines and protocols for collaborative drug therapy and removes the requirement that such guidelines and protocols must be approved by the Board. Sections 6 and 8 of this bill make conforming changes to reflect the removal of the requirement for such approval.

      Existing law requires a provider of health care who knows of, or provides services to, a person who has or is suspected of having a communicable disease or of having suffered a drug overdose to report that fact to the appropriate health authority. (NRS 441A.150) Existing law also: (1) requires a provider of health care to take certain measures to cooperate with an investigation by the health authority concerning a case or suspected case of an infectious disease or exposure to a biological, radiological or chemical agent; and (2) authorizes the health authority to take certain actions against a provider of health care who has significantly contributed to a case of an infectious disease or exposure to a biological, radiological or chemical agent. (NRS 441A.165, 441A.169) Section 5 of this bill provides that a pharmacist is a provider of health care for the purposes of these provisions.

 


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ê2021 Statutes of Nevada, Page 1660 (CHAPTER 290, SB 229)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 639.0124 is hereby amended to read as follows:

      639.0124  “Practice of pharmacy” includes, but is not limited to, the:

      1.  Performance or supervision of activities associated with manufacturing, compounding, labeling, dispensing and distributing of a drug, including the receipt, handling and storage of prescriptions and other confidential information relating to patients.

      2.  Interpretation and evaluation of prescriptions or orders for medicine.

      3.  Participation in drug evaluation and drug research.

      4.  Advising of the therapeutic value, reaction, drug interaction, hazard and use of a drug.

      5.  Selection of the source, storage and distribution of a drug.

      6.  Maintenance of proper documentation of the source, storage and distribution of a drug.

      7.  Interpretation of clinical data contained in a person’s record of medication.

      8.  Development of written guidelines and protocols in collaboration with a practitioner which [are intended for a patient in a licensed medical facility or in a setting that is affiliated with a medical facility where the patient is receiving care and which] authorize collaborative drug therapy management. The written guidelines and protocols must comply with NRS 639.2629.

      9.  Implementation and modification of drug therapy, administering drugs and ordering and performing tests in accordance with a collaborative practice agreement.

Ê The term does not include the changing of a prescription by a pharmacist or practitioner without the consent of the prescribing practitioner, except as otherwise provided in NRS 639.2583.

      Sec. 2. NRS 639.2623 is hereby amended to read as follows:

      639.2623  1.  [Except as otherwise provided in subsection 5, a] A pharmacist who has entered into a valid collaborative practice agreement may engage in the collaborative practice of pharmacy or collaborative drug therapy management at any location in this State.

      2.  To enter into a collaborative practice agreement, a practitioner must:

      (a) Be licensed in good standing to practice his or her profession in this State; and

      (b) [Agree to maintain an ongoing relationship with a patient who is referred by the practitioner to a pharmacist pursuant to a collaborative practice agreement for collaborative drug therapy management;

      (c)] Agree to obtain the informed, written consent from a patient who is referred by the practitioner to a pharmacist pursuant to a collaborative practice agreement for collaborative drug therapy management . [; and

      (d) Except as otherwise provided in this paragraph, actively practice his or her profession within 100 miles of the primary location where the collaborating pharmacist practices in this State. A practitioner and pharmacist may submit a written request to the Board for an exemption from the requirements of this paragraph. The Board may grant such a request upon a showing of good cause.] The provisions of this paragraph must not be construed to require a patient to obtain a referral from a practitioner before a pharmacist may engage in the collaborative practice of pharmacy or collaborative drug therapy management.

 


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ê2021 Statutes of Nevada, Page 1661 (CHAPTER 290, SB 229)ê

 

construed to require a patient to obtain a referral from a practitioner before a pharmacist may engage in the collaborative practice of pharmacy or collaborative drug therapy management.

      3.  A practitioner shall not enter into a collaborative practice agreement with a collaborating pharmacist if the geographic distance between the practitioner and the collaborating pharmacist prevents or limits effective collaboration in the delivery of care or treatment to patients.

      4.  Except as otherwise provided in this subsection, a practitioner shall not enter a collaborative practice agreement that includes diagnosis or initiating treatment unless the practitioner actively practices his or her profession in this State or provides those services using telehealth. The Board may grant a written request for an exemption from the requirements of this subsection for good cause shown.

      5.  A collaborative practice agreement must not grant a pharmacist the authority to engage in an activity that is outside the scope of the current practice of the practitioner.

      [3.] 6.  A pharmacist who engages in the collaborative practice of pharmacy shall:

      (a) Except as otherwise provided in paragraph (b), document any treatment or care provided to a patient pursuant to a collaborative practice agreement after providing such treatment or care in the medical record of the patient, on the chart of the patient or in a separate log book;

      (b) Document in the medical record of the patient, on the chart of the patient or in a separate log book any decision or action concerning the management of drug therapy pursuant to a collaborative practice agreement after making such a decision or taking such an action;

      (c) Maintain all records concerning the care or treatment provided to a patient pursuant to a collaborative practice agreement in written or electronic form for at least 7 years;

      (d) Comply with all provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the regulations adopted pursuant thereto, and all other federal and state laws and regulations concerning the privacy of information regarding health care; and

      (e) Provide a patient with written notification of:

             (1) Any test administered by the pharmacist and the results of such a test;

             (2) The name of any drug or prescription filled and dispensed by the pharmacist to the patient; and

             (3) The contact information of the pharmacist.

      [4.] 7.  A pharmacist shall obtain the informed, written consent of a patient before engaging in the collaborative practice of pharmacy on behalf of the patient. Such written consent must include, without limitation, a statement that the pharmacist:

      (a) May initiate, modify or discontinue the medication of the patient pursuant to a collaborative practice agreement; and

      (b) Is not a physician, osteopathic physician, advanced practice registered nurse or physician assistant . [; and

      (c) May not diagnose.

      5.  A practitioner may not enter into a collaborative practice agreement with a pharmacist for the management of controlled substances.

      6.]8.  A pharmacy must not require a registered pharmacist, as a condition of employment, to enter into a collaborative practice agreement.

 


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ê2021 Statutes of Nevada, Page 1662 (CHAPTER 290, SB 229)ê

 

      Sec. 3. NRS 639.2627 is hereby amended to read as follows:

      639.2627  1.  A collaborative practice agreement must be signed by each practitioner and pharmacist who enter into the agreement and submitted to the Board in written and electronic form. A collaborative practice agreement must include:

      (a) A description of the types of decisions concerning the management of drug therapy that the pharmacist is authorized to make, which may include a specific description of the diseases and drugs for which the pharmacist is authorized to manage drug therapy;

      (b) A detailed explanation of the procedures that the pharmacist must follow when engaging in the collaborative practice of pharmacy, including, without limitation, the manner in which the pharmacist must document decisions concerning treatment and care in accordance with subsection [3] 6 of NRS 639.2623, report such decisions to the practitioner and receive feedback from the practitioner;

      (c) The procedure by which the pharmacist will notify the practitioner of an adverse event concerning the health of the patient;

      (d) The procedure by which the practitioner will provide the pharmacist with a diagnosis of the patient and any other medical information necessary to carry out the patient’s drug therapy management;

      (e) A description of the means by which the practitioner will monitor clinical outcomes of a patient and intercede when necessary to protect the health of the patient or accomplish the goals of the treatment prescribed for the patient;

      (f) Authorization for the practitioner to override the agreement if necessary to protect the health of the patient or accomplish the goals of the treatment prescribed for the patient;

      (g) Authorization for either party to terminate the agreement by written notice to the other party, which must include, without limitation, written notice to the patient that informs the patient of the procedures by which he or she may continue drug therapy;

      (h) The effective date of the agreement;

      (i) The date by which a review must be conducted pursuant to subsection 2 for the renewal of the agreement, which must not be later than the expiration date of the agreement; [and]

      (j) The address of the location where the records described in subsection [3] 6 of NRS 639.2623 will be maintained; and

      (k) The process by which the pharmacist will obtain the informed, written consent required by subsection [4] 7 of NRS 639.2623.

      2.  A collaborative practice agreement must expire not later than 1 year after the date on which the agreement becomes effective. The parties to a collaborative practice agreement may renew the agreement after reviewing the agreement and making any necessary revisions.

      Sec. 4. NRS 639.2629 is hereby amended to read as follows:

      639.2629  1.  Written guidelines and protocols developed by a registered pharmacist in collaboration with a practitioner which authorize collaborative drug therapy management [:

      (a)May authorize a pharmacist to order and use the findings of laboratory tests and examinations.

      (b)May provide for collaborative drug therapy management for a patient receiving care:

 


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ê2021 Statutes of Nevada, Page 1663 (CHAPTER 290, SB 229)ê

 

             (1)In a licensed medical facility; or

             (2)If developed to ensure continuity of care for a patient, in any setting that is affiliated with a medical facility where the patient is receiving care. A pharmacist who modifies a drug therapy of a patient receiving care in a setting that is affiliated with a medical facility shall, within 72 hours after initiating or modifying the drug therapy, provide written notice of the initiation or modification of the drug therapy to the collaborating practitioner or enter the appropriate information concerning the drug therapy in an electronic patient record system shared by the pharmacist and the collaborating practitioner.

      (c) Must state the conditions under which a prescription of a practitioner relating to the drug therapy of a patient may be changed by the pharmacist without a subsequent prescription from the practitioner.

      (d)Must be approved by the Board.] must include, without limitation:

      (a) A description of the types of decisions concerning the management of drug therapy that the pharmacist is authorized to make, including, without limitation:

             (1) A specific description of the diseases, drugs and categories of drugs covered by the guidelines; and

             (2) The types of decisions that the pharmacist is authorized to make for each disease, drug or category of drugs;

      (b) The training that the pharmacist is required to complete;

      (c) The procedures that the pharmacist is required to follow when initiating or modifying drug therapy or making other therapeutic decisions, including, without limitation:

             (1) Criteria that the pharmacist is required to use when making therapeutic decisions; and

             (2) Procedures for documenting therapeutic decisions and reporting such decisions to the practitioner; and

      (d) Procedures for the practitioner to provide feedback concerning therapeutic decisions to each pharmacist who is a party to the agreement.

      2.  The Board may adopt regulations which [:

      (a)Prescribe] prescribe additional requirements for written guidelines and protocols developed pursuant to this section . [; and

      (b) Set forth the process for obtaining the approval of the Board of such written guidelines and protocols.]

      Sec. 5. NRS 441A.110 is hereby amended to read as follows:

      441A.110  “Provider of health care” means a physician, nurse or veterinarian licensed in accordance with state law , [or] a physician assistant licensed pursuant to chapter 630 or 633 of NRS [.] or a pharmacist registered pursuant to chapter 639 of NRS.

      Sec. 6. NRS 453.026 is hereby amended to read as follows:

      453.026  “Agent” means a pharmacist who cares for a patient of a prescribing practitioner [in a medical facility or in a setting that is affiliated with a medical facility where the patient is receiving care] in accordance with written guidelines and protocols developed [and approved] pursuant to NRS 639.2629 or a collaborative practice agreement, as defined in NRS 639.0052, a licensed practical nurse or registered nurse who cares for a patient of a prescribing practitioner in a medical facility or an authorized person who acts on behalf of or at the direction of and is employed by a manufacturer, distributor, dispenser or prescribing practitioner. The term does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

 


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ê2021 Statutes of Nevada, Page 1664 (CHAPTER 290, SB 229)ê

 

does not include a common or contract carrier, public warehouseman or employee of the carrier or warehouseman.

      Sec. 7. NRS 453.375 is hereby amended to read as follows:

      453.375  1.  A controlled substance may be possessed and administered by the following persons:

      (a) A practitioner.

      (b) A registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a physician, physician assistant, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      (c) A paramedic:

             (1) As authorized by regulation of:

                   (I) The State Board of Health in a county whose population is less than 100,000; or

                   (II) A county or district board of health in a county whose population is 100,000 or more; and

             (2) In accordance with any applicable regulations of:

                   (I) The State Board of Health in a county whose population is less than 100,000;

                   (II) A county board of health in a county whose population is 100,000 or more; or

                   (III) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      (d) A respiratory therapist, at the direction of a physician or physician assistant.

      (e) A medical student, student in training to become a physician assistant or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician or physician assistant and:

             (1) In the presence of a physician, physician assistant or a registered nurse; or

             (2) Under the supervision of a physician, physician assistant or a registered nurse if the student is authorized by the college or school to administer the substance outside the presence of a physician, physician assistant or nurse.

Ê A medical student or student nurse may administer a controlled substance in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      (f) An ultimate user or any person whom the ultimate user designates pursuant to a written agreement.

      (g) Any person designated by the head of a correctional institution.

      (h) A veterinary technician at the direction of his or her supervising veterinarian.

      (i) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      (j) In accordance with applicable regulations of the State Board of Pharmacy, an animal control officer, a wildlife biologist or an employee designated by a federal, state or local governmental agency whose duties include the control of domestic, wild and predatory animals.

 


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ê2021 Statutes of Nevada, Page 1665 (CHAPTER 290, SB 229)ê

 

      (k) A person who is enrolled in a training program to become a paramedic, respiratory therapist or veterinary technician if the person possesses and administers the controlled substance in the same manner and under the same conditions that apply, respectively, to a paramedic, respiratory therapist or veterinary technician who may possess and administer the controlled substance, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      (l) A registered pharmacist pursuant to written guidelines and protocols developed pursuant to NRS 639.2629 or a collaborative practice agreement, as defined in NRS 639.0052.

      2.  As used in this section, “accredited college of medicine” means:

      (a) A medical school that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations; or

      (b) A school of osteopathic medicine, as defined in NRS 633.121.

      Sec. 8. NRS 454.213 is hereby amended to read as follows:

      454.213  1.  Except as otherwise provided in NRS 454.217, a drug or medicine referred to in NRS 454.181 to 454.371, inclusive, may be possessed and administered by:

      (a) A practitioner.

      (b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a licensed dental hygienist acting in the office of and under the supervision of a dentist.

      (c) Except as otherwise provided in paragraph (d), a registered nurse licensed to practice professional nursing or licensed practical nurse, at the direction of a prescribing physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS, dentist, podiatric physician or advanced practice registered nurse, or pursuant to a chart order, for administration to a patient at another location.

      (d) In accordance with applicable regulations of the Board, a registered nurse licensed to practice professional nursing or licensed practical nurse who is:

             (1) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient; and

             (2) Acting under the direction of the medical director of that agency or facility who works in this State.

      (e) A medication aide - certified at a designated facility under the supervision of an advanced practice registered nurse or registered nurse and in accordance with standard protocols developed by the State Board of Nursing. As used in this paragraph, “designated facility” has the meaning ascribed to it in NRS 632.0145.

      (f) Except as otherwise provided in paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

             (1) The State Board of Health in a county whose population is less than 100,000;

             (2) A county board of health in a county whose population is 100,000 or more; or

 


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ê2021 Statutes of Nevada, Page 1666 (CHAPTER 290, SB 229)ê

 

             (3) A district board of health created pursuant to NRS 439.362 or 439.370 in any county.

      (g) An advanced emergency medical technician or a paramedic who holds an endorsement issued pursuant to NRS 450B.1975, under the direct supervision of a local health officer or a designee of the local health officer pursuant to that section.

      (h) A respiratory therapist employed in a health care facility. The therapist may possess and administer respiratory products only at the direction of a physician.

      (i) A dialysis technician, under the direction or supervision of a physician or registered nurse only if the drug or medicine is used for the process of renal dialysis.

      (j) A medical student or student nurse in the course of his or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician and:

             (1) In the presence of a physician or a registered nurse; or

             (2) Under the supervision of a physician or a registered nurse if the student is authorized by the college or school to administer the drug or medicine outside the presence of a physician or nurse.

Ê A medical student or student nurse may administer a dangerous drug in the presence or under the supervision of a registered nurse alone only if the circumstances are such that the registered nurse would be authorized to administer it personally.

      (k) Any person designated by the head of a correctional institution.

      (l) An ultimate user or any person designated by the ultimate user pursuant to a written agreement.

      (m) A holder of a license to engage in radiation therapy and radiologic imaging issued pursuant to chapter 653 of NRS, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

      (n) A chiropractic physician, but only if the drug or medicine is a topical drug used for cooling and stretching external tissue during therapeutic treatments.

      (o) A physical therapist, but only if the drug or medicine is a topical drug which is:

             (1) Used for cooling and stretching external tissue during therapeutic treatments; and

             (2) Prescribed by a licensed physician for:

                   (I) Iontophoresis; or

                   (II) The transmission of drugs through the skin using ultrasound.

      (p) In accordance with applicable regulations of the State Board of Health, an employee of a residential facility for groups, as defined in NRS 449.017, pursuant to a written agreement entered into by the ultimate user.

      (q) A veterinary technician or a veterinary assistant at the direction of his or her supervising veterinarian.

      (r) In accordance with applicable regulations of the Board, a registered pharmacist who:

             (1) Is trained in and certified to carry out standards and practices for immunization programs;

             (2) Is authorized to administer immunizations pursuant to written protocols from a physician; and

 


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ê2021 Statutes of Nevada, Page 1667 (CHAPTER 290, SB 229)ê

 

             (3) Administers immunizations in compliance with the “Standards for Immunization Practices” recommended and approved by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

      (s) A registered pharmacist pursuant to written guidelines and protocols developed [and approved] pursuant to NRS 639.2629 or a collaborative practice agreement, as defined in NRS 639.0052.

      (t) A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, physical therapist or veterinary technician or to obtain a license to engage in radiation therapy and radiologic imaging pursuant to chapter 653 of NRS if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, physical therapist, veterinary technician or person licensed to engage in radiation therapy and radiologic imaging who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

      (u) A medical assistant, in accordance with applicable regulations of the:

             (1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

             (2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

      2.  As used in this section, “accredited college of medicine” has the meaning ascribed to it in NRS 453.375.

      Sec. 9.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 8, inclusive, of this act become effective:

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

      (b) October 1, 2021, for all other purposes.

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ê2021 Statutes of Nevada, Page 1668ê

 

CHAPTER 291, SB 248

Senate Bill No. 248–Senator Dondero Loop

 

CHAPTER 291

 

[Approved: June 2, 2021]

 

AN ACT relating to collection agencies; requiring a collection agency to notify a debtor before taking any action to collect a medical debt; providing certain protections to a medical debtor who initiates contact with or makes a voluntary payment to a collection agency; prohibiting certain practices relating to the collection of medical debt; prohibiting the waiver of certain protections provided to medical debtors; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) requires any person who operates a collection agency or otherwise engages in the collection of claims for others to obtain a license from the Commissioner of Financial Institutions; and (2) prohibits a collection agency or its manager, agents or employees from engaging in certain practices. (NRS 649.075, 649.375) Section 2 of this bill: (1) defines the term “medical debt” to mean any debt owed for goods or services provided by a medical facility, a provider of health care or a provider of emergency medical services; and (2) specifies certain types of financing and credit which are included within or excluded from the term. Sections 3-6 of this bill define other terms related to medical debt. Section 9 of this bill makes a conforming change to indicate the placement of sections 2-6 of this bill in the Nevada Revised Statutes. Section 7 of this bill requires a collection agency to send by registered or certified mail written notice to a person who owes a medical debt at least 60 days before taking any action to collect the medical debt and requires the notice to contain certain information. Section 7.5 of this bill provides that: (1) a collection agency may, under certain circumstances, accept a voluntary payment from a medical debtor during the 60-day notification period specified in section 7; and (2) certain protections and rights are preserved for a medical debtor who initiates contact with a collection agency or makes a voluntary payment to a collection agency. Section 8 of this bill prohibits a collection agency, or its manager, agents or employees, from engaging in certain practices relating to the collection of a medical debt. Section 8.5 of this bill provides that the protections set forth in sections 7, 7.5 and 8 are for the benefit of medical debtors and cannot be waived.

 

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 649 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8.5, inclusive, of this act.

      Sec. 2. 1.  “Medical debt” means any debt owed for goods or services provided by a medical facility, a provider of health care or a provider of emergency medical services.

 


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ê2021 Statutes of Nevada, Page 1669 (CHAPTER 291, SB 248)ê

 

      2.  Except as otherwise provided in subsection 3, the term includes the financing or an extension of credit by a third party for the sole purpose of purchasing goods or services provided by a medical facility, a provider of health care or a provider of emergency medical services.

      3.  The term does not include an open-end or closed-end extension of credit made by a financial institution to a borrower that may be used by the borrower, at his or her own discretion, for any purpose other than the purchase of goods or services provided by a medical facility, a provider of health care or a provider of emergency medical services.

      Sec. 3. “Medical debtor” means a debtor who owes a medical debt.

      Sec. 4. “Medical facility” has the meaning ascribed to it in NRS 449.0151.

      Sec. 5. “Provider of emergency medical services” means:

      1.  The operator of an ambulance or air ambulance; or

      2.  A fire-fighting agency which provides transportation for persons in need of emergency services and care to hospitals.

      Sec. 6. “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 7. 1.  Not less than 60 days before taking any action to collect a medical debt, a collection agency shall send by registered or certified mail to the medical debtor written notification that sets forth:

      (a) The name of the medical facility, provider of health care or provider of emergency medical services that provided the goods or services for which the medical debt is owed;

      (b) The date on which those goods or services were provided; and

      (c) The principal amount of the medical debt.

      2.  The written notification required by subsection 1 must:

      (a) Identify the name of the collection agency; and

      (b) Inform the medical debtor that, as applicable:

             (1) The medical debt has been assigned to the collection agency for collection; or

             (2) The collection agency has otherwise obtained the medical debt for collection.

      Sec. 7.5. 1.  Nothing in section 7 of this act shall prohibit a collection agency from accepting a voluntary payment from a medical debtor during the 60-day notification period specified in subsection 1 of section 7 of this act provided that:

      (a) The medical debtor initiates the contact with the collection agency; and

      (b) The collection agency discloses to the medical debtor that:

             (1) A payment is not demanded or due; and

             (2) The medical debt will not be reported to any credit reporting agency during the 60-day notification period specified in subsection 1 of section 7 of this act.

      2.  No action by a medical debtor to initiate contact with a collection agency may be construed to allow the collection agency to take action to collect the medical debt before the expiration of the 60-day notification period specified in subsection 1 of section 7 of this act.

 


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ê2021 Statutes of Nevada, Page 1670 (CHAPTER 291, SB 248)ê

 

      3.  Any voluntary payment toward a medical debt that is made by a medical debtor to a collection agency in accordance with this section:

      (a) Does not extend the applicable statute of limitations;

      (b) Is not an admission of liability; and

      (c) Shall not be construed as a waiver of any defense to the collection of the medical debt.

      Sec. 8. A collection agency, or its manager, agents or employees, shall not, for any medical debt:

      1.  Take any confession of judgment or any power of attorney running to the collection agency or to any third person to confess judgment or to appear for the debtor in a judicial proceeding.

      2.  Commence a civil action to collect the medical debt if the amount of the medical debt, excluding interest, late fees, collection costs, attorney’s fees and any other fees or costs, is less than the maximum jurisdictional amount set forth in subsection 1 of NRS 73.010. Nothing in this subsection shall be construed to prohibit the commencement of a small claims action in justice court to collect the medical debt.

      3.  Charge or collect a fee of more than 5 percent of the amount of the medical debt, excluding interest, late fees, collection costs, attorney’s fees and any other fees or costs, as a collection fee or as an attorney’s fee for the collection of the medical debt.

      Sec. 8.5. The protections set forth in sections 7, 7.5 and 8 of this act are for the benefit of medical debtors and cannot be waived.

      Sec. 9. NRS 649.005 is hereby amended to read as follows:

      649.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 649.010 to 649.035, inclusive, and sections 2 to 6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 10.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 1671ê

 

CHAPTER 292, SB 260

Senate Bill No. 260–Senator Cannizzaro

 

CHAPTER 292

 

[Approved: June 2, 2021]

 

AN ACT relating to Internet privacy; exempting certain persons and information collected about a consumer in this State from requirements imposed on operators, data brokers and covered information; prohibiting a data broker from making any sale of certain information collected about a consumer in this State if so directed by the consumer; revising provisions relating to the sale of certain information collected about a consumer in this State; authorizing an operator or data broker to remedy a failure to comply with certain requirements relating to the collection and sale of certain information about consumers in this State if it is the first failure of the operator or data broker to comply with such requirements; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an operator of an Internet website which collects certain items of personally identifiable information about consumers in this State to establish a designated address through which a consumer may submit a verified request directing the operator not to make any sale of covered information collected about the consumer. An operator that receives such a request is prohibited from making any sale of any covered information collected about the consumer. (NRS 603A.345) Section 3 of this bill imposes similar requirements upon a data broker, which is generally defined in section 2 of this bill to mean a person primarily engaged in the business of purchasing covered information about consumers in this State from operators and other data brokers and making sales of such information. Section 1.5 of this bill exempts certain persons and information from the requirements imposed on operators, data brokers and covered information. Sections 6 and 7 of this bill revise certain definitions to reflect the requirements imposed on data brokers by section 3.

      Existing law authorizes the Attorney General to seek an injunction or a civil penalty against an operator who violates the provisions of existing law requiring the establishment of a designated request address and prohibiting the sale of covered information about a consumer who has made a verified request. (NRS 603A.360) Section 12 of this bill similarly authorizes the Attorney General to seek an injunction or a civil penalty against a data broker who violates the provisions of section 3.

      Existing law defines “operator” to mean, in general, a person who: (1) owns or operates an Internet website or online service for commercial purposes; (2) collects certain information from consumers who reside in this State and use or visit the Internet website or online service; and (3) has certain minimum contacts with this State. (NRS 603A.330) Section 7.5 of this bill explicitly excludes from the definition of “operator” a person who does not collect, maintain or sell covered information.

      Existing law defines “sale” for the purposes of the provisions of existing law governing the sale of covered information by operators as the exchange of covered information for monetary consideration by the operator to a person for the person to license or sell the covered information to additional persons. (NRS 603A.333) Section 8 of this bill revises that definition to define “sale” as the exchange of covered information for monetary consideration by an operator or data broker to another person.

      Existing law requires an operator to make available to consumers a notice containing certain information relating to the collection and sale of covered information collected through its Internet website or online service. An operator who fails to comply with that requirement is authorized to remedy the failure to comply within 30 days after being informed of such a failure.

 


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within 30 days after being informed of such a failure. (NRS 603A.340) Section 11 of this bill authorizes an operator to remedy such a failure only if it is the first failure of the operator to comply with the requirement. If such an operator remedies a failure to comply with the requirement within 30 days after being informed of the failure, section 3.6 of this bill provides that the operator does not commit a violation for the purposes of provisions governing the enforcement of the requirement by the Attorney General.

      Sections 3.3 and 3.9 of this bill enact similar provisions with respect to the requirements concerning the establishment of a designated request address and the sale of covered information about a consumer who has made a verified request which are imposed on operators under existing law and data brokers under section 3. Section 3.9 authorizes an operator who fails to comply with the requirements set forth under existing law concerning the establishment of a designated request address and the sale of covered information to remedy the failure within 30 days after being informed of the failure if it is the first failure of the operator to comply with such requirements. Section 3.3 authorizes a data broker who fails to comply with similar requirements imposed by section 3 to remedy the failure within 30 days after being informed of the failure if it is the first failure of the data broker to comply with such requirements.

      Sections 4 and 5 of this bill make conforming changes to indicate the proper placement of the new language of sections 1.5-3.9 of this bill in the Nevada Revised Statutes.

 

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 603A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 3.9, inclusive, of this act.

      Sec. 1.5. The provisions of this section and NRS 603A.300 to 603A.360, inclusive, and sections 2 to 3.9, inclusive, of this act do not apply to:

      1.  A consumer reporting agency, as defined in 15 U.S.C. § 1681a(f);

      2.  Any personally identifiable information regulated by the Fair Credit Reporting Act, 15 U.S.C. §§ 1681 et seq., and the regulations adopted pursuant thereto, which is collected, maintained or sold as provided in that Act;

      3.  A person who collects, maintains or makes sales of personally identifiable information for the purposes of fraud prevention;

      4.  Any personally identifiable information that is publicly available;

      5.  Any personally identifiable information protected from disclosure under the federal Driver’s Privacy Protection Act of 1994, 18 U.S.C. §§ 2721 et seq., which is collected, maintained or sold as provided in that Act; or

      6.  A financial institution or an affiliate of a financial institution that is subject to the provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801 et seq., or any personally identifiable information regulated by that Act which is collected, maintained or sold as provided in that Act.

      Sec. 2. “Data broker” means a person whose primary business is purchasing covered information about consumers with whom the person does not have a direct relationship and who reside in this State from operators or other data brokers and making sales of such covered information.

 


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      Sec. 3. 1.  Each data broker shall establish a designated request address through which a consumer may submit a verified request pursuant to this section.

      2.  A consumer may, at any time, submit a verified request through a designated request address to a data broker directing the data broker not to make any sale of any covered information about the consumer that the data broker has purchased or will purchase.

      3.  A data broker that has received a verified request submitted by a consumer pursuant to subsection 2 shall not make any sale of any covered information about that consumer that the data broker has purchased or will purchase.

      4.  A data broker shall respond to a verified request submitted by a consumer pursuant to subsection 2 within 60 days after receipt thereof. A data broker may extend by not more than 30 days the period prescribed by this subsection if the data broker determines that such an extension is reasonably necessary. A data broker who extends the period prescribed by this subsection shall notify the consumer of such an extension.

      Sec. 3.3. 1.  A data broker who has not previously failed to comply with the provisions of section 3 of this act may remedy any failure to comply with the provisions of section 3 of this act within 30 days after being informed of such a failure.

      2.  A data broker described in subsection 1 who remedies a failure to comply with the provisions of section 3 of this act within 30 days after being informed of such a failure does not violate section 3 of this act for the purposes of NRS 603A.360.

      Sec. 3.6. 1.  An operator who has not previously failed to comply with the applicable provisions of subsection 1 of NRS 603A.340 may remedy any failure to comply with the applicable provisions of subsection 1 of NRS 603A.340 within 30 days after being informed of such a failure.

      2.  An operator described in subsection 1 who remedies a failure to comply with the applicable provisions of subsection 1 of NRS 603A.340 within 30 days after being informed of such a failure does not violate NRS 603A.340 for the purposes of NRS 603A.360.

      Sec. 3.9. 1.  An operator who has not previously failed to comply with the provisions of NRS 603A.345 may remedy any failure to comply with the provisions of NRS 603A.345 within 30 days after being informed of such a failure.

      2.  An operator described in subsection 1 who remedies a failure to comply with the provisions of NRS 603A.345 within 30 days after being informed of such a failure does not violate NRS 603A.345 for the purposes of NRS 603A.360.

      Sec. 4. NRS 603A.100 is hereby amended to read as follows:

      603A.100  1.  The provisions of NRS 603A.010 to 603A.290, inclusive, do not apply to the maintenance or transmittal of information in accordance with NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto.

      2.  A data collector who is also an operator, as defined in NRS 603A.330, shall comply with the provisions of NRS 603A.300 to 603A.360, inclusive [.] , and sections 1.5 to 3.9, inclusive, of this act.

      3.  Any waiver of the provisions of NRS 603A.010 to 603A.290, inclusive, is contrary to public policy, void and unenforceable.

 


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      Sec. 5. NRS 603A.300 is hereby amended to read as follows:

      603A.300  As used in NRS 603A.300 to 603A.360, inclusive, and sections 1.5 to 3.9, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 603A.310 to 603A.337, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Sec. 6. NRS 603A.320 is hereby amended to read as follows:

      603A.320  “Covered information” means any one or more of the following items of personally identifiable information about a consumer collected by an operator through an Internet website or online service and maintained by the operator or a data broker in an accessible form:

      1.  A first and last name.

      2.  A home or other physical address which includes the name of a street and the name of a city or town.

      3.  An electronic mail address.

      4.  A telephone number.

      5.  A social security number.

      6.  An identifier that allows a specific person to be contacted either physically or online.

      7.  Any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator or data broker in combination with an identifier in a form that makes the information personally identifiable.

      Sec. 7. NRS 603A.325 is hereby amended to read as follows:

      603A.325  “Designated request address” means an electronic mail address, toll-free telephone number or Internet website established by an operator or data broker through which a consumer may submit to an operator or data broker a verified request.

      Sec. 7.5. NRS 603A.330 is hereby amended to read as follows:

      603A.330  1.  “Operator” means a person who:

      (a) Owns or operates an Internet website or online service for commercial purposes;

      (b) Collects and maintains covered information from consumers who reside in this State and use or visit the Internet website or online service; and

      (c) Purposefully directs its activities toward this State, consummates some transaction with this State or a resident thereof, purposefully avails itself of the privilege of conducting activities in this State or otherwise engages in any activity that constitutes sufficient nexus with this State to satisfy the requirements of the United States Constitution.

      2.  The term does not include:

      (a) A third party that operates, hosts or manages an Internet website or online service on behalf of its owner or processes information on behalf of the owner of an Internet website or online service;

      (b) [A financial institution or an affiliate of a financial institution that is subject to the provisions of the Gramm-Leach-Bliley Act, 15 U.S.C. §§ 6801 et seq., and the regulations adopted pursuant thereto;

      (c)] An entity that is subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as amended, and the regulations adopted pursuant thereto; [or

      (d)](c) A manufacturer of a motor vehicle or a person who repairs or services a motor vehicle who collects, generates, records or stores covered information that is:

             (1) Retrieved from a motor vehicle in connection with a technology or service related to the motor vehicle; or

 


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             (2) Provided by a consumer in connection with a subscription or registration for a technology or service related to the motor vehicle [.] ; or

      (d) A person who does not collect, maintain or make sales of covered information.

      Sec. 8. NRS 603A.333 is hereby amended to read as follows:

      603A.333  1.  “Sale” means the exchange of covered information for monetary consideration by [the] an operator or data broker to [a] another person . [for the person to license or sell the covered information to additional persons.]

      2.  The term does not include:

      (a) The disclosure of covered information by an operator or data broker to a person who processes the covered information on behalf of the operator [;] or data broker;

      (b) The disclosure of covered information by an operator to a person with whom the consumer has a direct relationship for the purposes of providing a product or service requested by the consumer;

      (c) The disclosure of covered information by an operator to a person for purposes which are consistent with the reasonable expectations of a consumer considering the context in which the consumer provided the covered information to the operator;

      (d) The disclosure of covered information by an operator or data broker to a person who is an affiliate, as defined in NRS 686A.620, of the operator [;] or data broker; or

      (e) The disclosure or transfer of covered information by an operator or data broker to a person as an asset that is part of a merger, acquisition, bankruptcy or other transaction in which the person assumes control of all or part of the assets of the operator [.] or data broker.

      Sec. 9. NRS 603A.337 is hereby amended to read as follows:

      603A.337  “Verified request” means a request:

      1.  Submitted by a consumer to an operator or data broker for the purposes set forth in NRS 603A.345 [;] or section 3 of this act, as applicable; and

      2.  For which an operator or data broker can reasonably verify the authenticity of the request and the identity of the consumer using commercially reasonable means.

      Sec. 10. NRS 603A.340 is hereby amended to read as follows:

      603A.340  1.  Except as otherwise provided in subsection [3,] 2, an operator shall make available, in a manner reasonably calculated to be accessible by consumers whose covered information the operator collects through its Internet website or online service, a notice that:

      (a) Identifies the categories of covered information that the operator collects through its Internet website or online service about consumers who use or visit the Internet website or online service and the categories of third parties with whom the operator may share such covered information;

      (b) Provides a description of the process, if any such process exists, for an individual consumer who uses or visits the Internet website or online service to review and request changes to any of his or her covered information that is collected through the Internet website or online service;

      (c) Describes the process by which the operator notifies consumers who use or visit the Internet website or online service of material changes to the notice required to be made available by this subsection;

      (d) Discloses whether a third party may collect covered information about an individual consumer’s online activities over time and across different Internet websites or online services when the consumer uses the Internet website or online service of the operator; and

 


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Internet websites or online services when the consumer uses the Internet website or online service of the operator; and

      (e) States the effective date of the notice.

      2.  [An operator may remedy any failure to comply with the provisions of subsection 1 within 30 days after being informed of such a failure.

      3.]  The provisions of subsection 1 do not apply to an operator:

      (a) Who is located in this State;

      (b) Whose revenue is derived primarily from a source other than the sale or lease of goods, services or credit on Internet websites or online services; and

      (c) Whose Internet website or online service has fewer than 20,000 unique visitors per year.

      Sec. 11. NRS 603A.350 is hereby amended to read as follows:

      603A.350  An operator violates NRS 603A.340 if the operator:

      1.  [Knowingly and willfully] Has not previously failed to comply with the applicable provisions of subsection 1 of that section and knowingly fails to remedy a failure to comply with [the] such provisions [of subsection 1 of that section] within 30 days after being informed of such a failure; [or]

      2.  Knowingly fails to comply with the applicable provisions of subsection 1 of that section after having previously failed to comply with such provisions; or

      3.  Makes available a notice pursuant to that section which contains information which constitutes a knowing and material misrepresentation or omission that is likely to mislead a consumer acting reasonably under the circumstances, to the detriment of the consumer.

      Sec. 12. NRS 603A.360 is hereby amended to read as follows:

      603A.360  1.  The Attorney General shall enforce the provisions of NRS 603A.300 to 603A.360, inclusive [.] , and sections 1.5 to 3.9, inclusive, of this act.

      2.  If the Attorney General has reason to believe that an operator, either directly or indirectly, has violated or is violating NRS 603A.340 or 603A.345, the Attorney General may institute an appropriate legal proceeding against the operator. The district court, upon a showing that the operator, either directly or indirectly, has violated or is violating NRS 603A.340 or 603A.345, may:

      (a) Issue a temporary or permanent injunction; or

      (b) Impose a civil penalty not to exceed $5,000 for each violation.

      3.  If the Attorney General has reason to believe that a data broker, either directly or indirectly, has violated or is violating section 3 of this act, the Attorney General may institute an appropriate legal proceeding against the data broker. The district court, upon a showing that the data broker, either directly or indirectly, has violated or is violating section 3 of this act, may:

      (a) Issue a temporary or permanent injunction; or

      (b) Impose a civil penalty not to exceed $5,000 for each violation.

      4.  The provisions of NRS 603A.300 to 603A.360, inclusive, and sections 1.5 to 3.9, inclusive, of this act do not establish a private right of action against an operator.

      [4.]5.  The provisions of NRS 603A.300 to 603A.360, inclusive, and sections 1.5 to 3.9, inclusive, of this act are not exclusive and are in addition to any other remedies provided by law.

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CHAPTER 293, SB 293

Senate Bill No. 293–Senators Cannizzaro; Denis, Donate, Lange, Neal, Ohrenschall, Ratti and Scheible

 

Joint Sponsor: Assemblywoman Duran

 

CHAPTER 293

 

[Approved: June 2, 2021]

 

AN ACT relating to employment; prohibiting an employer or employment agency from seeking or relying on the wage or salary history of an applicant for employment; prohibiting an employer or employment agency from refusing to interview, hire, promote or employ an applicant or from discriminating or retaliating against an applicant if the applicant does not provide wage or salary history; prohibiting the governing body of a county, incorporated city or unincorporated town or an appointing authority from performing such actions; requiring an employer, an employment agency, the governing body of a county, incorporated city or unincorporated town and an appointing authority to provide the wage or salary range or rate for a position, promotion or transfer to a new position if certain conditions are satisfied; providing that an employer, an employment agency, the governing body of a county, incorporated city or unincorporated town or an appointing authority may ask an applicant about his or her wage or salary expectations; providing that a violation of such provisions is an unlawful employment practice; providing that a person may file a complaint for a violation of such provisions; providing that an employer or employment agency that violates such provisions may be subject to certain administrative penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law deems certain employment practices as unlawful and prohibits certain employers, employment agencies and labor organizations from engaging in such practices. (NRS 613.330-613.345) Section 1.3 of this bill prohibits an employer or an employment agency from: (1) seeking the wage or salary history of an applicant for employment; (2) relying on the wage or salary history of an applicant to determine whether to offer employment to the applicant or to determine the rate of pay for the applicant; or (3) refusing to interview, hire, promote or employ an applicant or discriminating or retaliating against an applicant if the applicant does not provide wage or salary history. Section 1.3 requires an employer or employment agency to provide to an applicant for employment who has completed an interview for a position: (1) the wage or salary range or rate for the position; and (2) the wage or salary range or rate for a promotion or transfer to a new position if certain conditions are satisfied. Additionally, section 1.3 provides that an employer or employment agency may ask an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying. Furthermore, section 1.3 provides that: (1) a violation of section 1.3 is an unlawful employment practice; (2) a person may file a complaint with the Labor Commissioner concerning such a violation; and (3) a violation of section 1.3 may be subject to administrative penalties. If a person files such a complaint, section 1.7 of this act requires the Labor Commissioner to issue, upon request, a right-to-sue notice if at least 180 days have passed after the complaint was filed.

 


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passed after the complaint was filed. Sections 2-8 of this bill make conforming changes by applying certain provisions and prohibitions to section 1.3. Section 5 of this bill provides that nothing contained in section 1.3 applies to certain businesses or enterprises on or near an Indian reservation.

      Section 9 of this bill prohibits the governing body of a county, a county officer or other person acting on behalf of a county from: (1) seeking the wage or salary history of an applicant for employment; (2) relying on the wage or salary history of an applicant to determine whether to offer employment to the applicant or to determine the rate of pay for the applicant; or (3) refusing to interview, hire, promote or employ an applicant or discriminating or retaliating against an applicant because the applicant does not provide wage or salary history. Section 9 requires the governing body of a county, a county officer or other person acting on behalf of a county to provide to an applicant for employment who has completed an interview for a position: (1) the wage or salary range or rate for the position; and (2) the wage or salary range or rate for a promotion or transfer to a new position if certain conditions are satisfied. Finally, section 9 provides that the governing body of a county, county officer or other person may ask an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying. Sections 10-12 of this bill establish similar provisions for the governing body of an incorporated city, a city officer, the governing body of an unincorporated town or any other person acting on behalf of an unincorporated town and an appointing authority. Section 1.3 provides that it is an unlawful employment practice for the governing body of a county, incorporated city or unincorporated town or for an appointing authority to violate any provision of sections 9-12, as applicable.

 

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 613 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. 1.  An employer or an employment agency shall not, orally or in writing, personally or through an agent:

      (a) Seek the wage or salary history of an applicant for employment;

      (b) Rely on the wage or salary history of an applicant to determine:

             (1) Whether to offer employment to an applicant; or

             (2) The rate of pay for the applicant; or

      (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.

      2.  An employer or an employment agency, as applicable, shall provide:

      (a) To an applicant for employment who has completed an interview for a position, the wage or salary range or rate for the position; and

      (b) The wage or salary range or rate for a promotion or transfer to a new position if an employee has:

             (1) Applied for the promotion or transfer;

             (2) Completed an interview for the promotion or transfer or been offered the promotion or transfer; and

             (3) Requested the wage or salary range or rate for the promotion or transfer.

      3.  Nothing in this section prohibits an employer or employment agency from asking an applicant for employment about his or her wage or salary expectation for the position for which the applicant is applying.

 


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      4.  It is an unlawful employment practice for:

      (a) An employer or an employment agency to violate any provision of this section; and

      (b) The governing body of a county, incorporated city or unincorporated town or an appointing authority governed by the provisions of chapter 284 of NRS to violate any provision of section 9, 10, 11 or 12 of this act, as applicable.

      5.  A person may file with the Labor Commissioner a complaint against an employer or employment agency, as applicable, for engaging in an unlawful employment practice specified in subsection 4.

      6.  In addition to any other remedy or penalty, the Labor Commissioner may impose against any employer or employment agency or any agent or representative thereof that is found to have violated any provision of this section an administrative penalty of not more than $5,000 for each such violation.

      7.  If an administrative penalty is imposed pursuant to this section, the costs of the proceeding, including, without limitation, investigative costs and attorney’s fees, may be recovered by the Labor Commissioner.

      8.  As used in this section:

      (a) “Employer” means a public or private employer in this State, including, without limitation:

             (1) The State of Nevada;

             (2) An agency of this State;

            (3) A political subdivision of this State; and

             (4) Any entity governed by section 9, 10, 11 or 12 of this act.

      (b) “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer.

      (c) “Wage or salary history” means the wages or salary paid to an applicant for employment by the current or former employer of the applicant. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.

      Sec. 1.7. If a person files a complaint with the Labor Commissioner pursuant to section 1.3 of this act which alleges an unlawful employment practice, the Labor Commissioner shall issue, upon request from the person, a right-to-sue notice if at least 180 days have passed after the complaint was filed. The person may, not later than 90 days after the date of receipt of the right-to-sue notice, bring a civil action in district court against the person named in the complaint, and the notice must so indicate.

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 613.320 is hereby amended to read as follows:

      613.320  1.  The provisions of NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act do not apply to:

      (a) Any employer with respect to employment outside this state.

      (b) Any religious corporation, association or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on of its religious activities.

      2.  The provisions of NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act concerning unlawful employment practices related to sexual orientation and gender identity or expression do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

 


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orientation and gender identity or expression do not apply to an organization that is exempt from taxation pursuant to 26 U.S.C. § 501(c)(3).

      Sec. 4. NRS 613.340 is hereby amended to read as follows:

      613.340  1.  It is an unlawful employment practice for an employer to discriminate against any of his or her employees or applicants for employment, for an employment agency to discriminate against any person, or for a labor organization to discriminate against any member thereof or applicant for membership, because the employee, applicant, person or member, as applicable, has opposed any practice made an unlawful employment practice by NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act or because he or she has made a charge, testified, assisted or participated in any manner in an investigation, proceeding or hearing under NRS 613.310 to 613.4383, inclusive [.] , and section 1.3 of this act.

      2.  It is an unlawful employment practice for an employer, labor organization or employment agency to print or publish or cause to be printed or published any notice or advertisement relating to employment by such an employer or membership in or any classification or referral for employment by such a labor organization, or relating to any classification or referral for employment by such an employment agency, indicating any preference, limitation, specification or discrimination, based on race, color, religion, sex, sexual orientation, gender identity or expression, age, disability or national origin, except that such a notice or advertisement may indicate a preference, limitation, specification or discrimination based on religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin when religion, sex, sexual orientation, gender identity or expression, age, physical, mental or visual condition or national origin is a bona fide occupational qualification for employment.

      Sec. 5. NRS 613.390 is hereby amended to read as follows:

      613.390  Nothing contained in NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act applies to any business or enterprise on or near an Indian reservation with respect to any publicly announced employment practice of such business or enterprise under which a preferential treatment is given to any individual because the individual is an Indian living on or near a reservation.

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

      Sec. 8. NRS 613.432 is hereby amended to read as follows:

      613.432  If a court finds that an employee has been injured by an unlawful employment practice within the scope of this section and NRS 613.310 to 613.4383, inclusive, and section 1.3 of this act, the court may award the employee the same legal or equitable relief that may be awarded to a person pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., if the employee is protected by Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq., or NRS 613.330.

      Sec. 9. Chapter 245 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The board of county commissioners, a county officer or any other person acting on behalf of a county shall not, orally or in writing, personally or through an agent:

      (a) Seek the wage or salary history of an applicant for employment by the county;

      (b) Rely on the wage or salary history of an applicant to determine:

 


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             (1) Whether to offer employment to an applicant; or

             (2) The rate of pay for the applicant; or

      (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.

      2.  A board of county commissioners, a county officer or any other person acting on behalf of a county shall provide:

      (a) To an applicant for employment by a county who has completed an interview for a position the wage or salary range or rate for the position; and

      (b) The wage or salary range or rate for a promotion or transfer to a new position if an employee of a county has:

             (1) Applied for the promotion or transfer;

             (2) Completed an interview for the promotion or transfer or been offered the promotion or transfer; and

             (3) Requested the wage or salary range or rate for the promotion or transfer.

      3.  Nothing in this section prohibits the board of county commissioners, a county officer or any other person acting on behalf of the county from asking an applicant for employment by the county about his or her wage or salary expectation for the position for which the applicant is applying.

      4.  As used in this section, “wage or salary history” means the wages or salary paid to an applicant for employment by the current or former employer of the applicant. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.

      Sec. 10. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The governing body of an incorporated city or a city officer shall not, orally or in writing, personally or through an agent:

      (a) Seek the wage or salary history of an applicant for employment by the incorporated city;

      (b) Rely on the wage or salary history of an applicant to determine:

             (1) Whether to offer employment to an applicant; or

             (2) The rate of pay for the applicant; or

      (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.

      2.  A governing body of an incorporated city or a city officer shall provide:

      (a) To an applicant for employment by an incorporated city who has completed an interview for a position the wage or salary range or rate for the position; and

      (b) The wage or salary range or rate for a promotion or transfer to a new position if an employee of an incorporated city has:

             (1) Applied for the promotion or transfer;

             (2) Completed an interview for the promotion or transfer or been offered the promotion or transfer; and

             (3) Requested the wage or salary range or rate for the promotion or transfer.

 


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ê2021 Statutes of Nevada, Page 1682 (CHAPTER 293, SB 293)ê

 

      3.  Nothing in this section prohibits the governing body of an incorporated city or a city officer from asking an applicant for employment by the incorporated city about his or her wage or salary expectation for the position for which the applicant is applying.

      4.  As used in this section, “wage or salary history” means the wages or salary paid to an applicant for employment by the current or former employer of the applicant. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.

      Sec. 11. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The town board, board of county commissioners or any other person acting on behalf of an unincorporated town shall not, orally or in writing, personally or through an agent:

      (a) Seek the wage or salary history of an applicant for employment by the unincorporated town;

      (b) Rely on the wage or salary history of an applicant to determine:

             (1) Whether to offer employment to an applicant; or

             (2) The rate of pay for the applicant; or

      (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.

      2.  A town board, board of county commissioners or any other person acting on behalf of an unincorporated town shall provide:

      (a) To an applicant for employment by an unincorporated town who has completed an interview for a position the wage or salary range or rate for the position; and

      (b) The wage or salary range or rate for a promotion or transfer to a new position if an employee of an unincorporated town has:

             (1) Applied for the promotion or transfer;

             (2) Completed an interview for the promotion or transfer or been offered the promotion or transfer; and

             (3) Requested the wage or salary range or rate for the promotion or transfer.

      3.  Nothing in this section prohibits the town board, board of county commissioners or any other person acting on behalf of the unincorporated town from asking an applicant for employment by the unincorporated town about his or her wage or salary expectation for the position for which the applicant is applying.

      4.  As used in this section, “wage or salary history” means the wages or salary paid to an applicant for employment by the current or former employer of the applicant. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.

      Sec. 12. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An appointing authority shall not, orally or in writing, personally or through an agent:

      (a) Seek the wage or salary history of an applicant for employment in the unclassified service of the State;

      (b) Rely on the wage or salary history of an applicant to determine:

 


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ê2021 Statutes of Nevada, Page 1683 (CHAPTER 293, SB 293)ê

 

             (1) Whether to offer employment to an applicant; or

             (2) The rate of pay for the applicant; or

      (c) Refuse to interview, hire, promote or employ an applicant, or discriminate or retaliate against an applicant if the applicant does not provide wage or salary history.

      2.  An appointing authority shall provide:

      (a) To an applicant for employment in the unclassified service of the State who has completed an interview for a position the wage or salary range or rate for the position; and

      (b) The wage or salary range or rate for a promotion or transfer to a new position if an employee in the unclassified service of the State has:

             (1) Applied for the promotion or transfer;

             (2) Completed an interview for the promotion or transfer or been offered the promotion or transfer; and

             (3) Requested the wage or salary range or rate for the promotion or transfer.

      3.  Nothing in this section prohibits an appointing authority from asking an applicant for employment in the unclassified service of the State about his or her wage or salary expectation for the position for which the applicant is applying.

      4.  As used in this section, “wage or salary history” means the wages or salary paid to an applicant by the current or former employer of the applicant. The term includes, without limitation, any compensation and benefits received by the applicant from his or her current or former employer.

________

CHAPTER 294, SB 307

Senate Bill No. 307–Senator Dondero Loop

 

CHAPTER 294

 

[Approved: June 2, 2021]

 

AN ACT relating to alcoholic beverages; providing that a waiver of certain provisions of law is void and unenforceable; requiring a supplier of liquor to approve or deny approval for certain transactions related to the ownership or assets of a wholesaler within a certain period of time under certain circumstances; prohibiting certain acts by suppliers with respect to wholesalers of liquor; authorizing a person who operates a brew pub to manufacture additional malt beverages for sale outside of this State; revising provisions governing the operation of wineries; authorizing a retail liquor store to make deliveries of liquor in its original package under certain circumstances; revising the criteria for the approval of a license to engage in certain activities related to alcohol; revising provisions governing certificates of compliance for suppliers; revising provisions governing the possession, sale and transportation of liquor; and providing other matters properly relating thereto.

 


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ê2021 Statutes of Nevada, Page 1684 (CHAPTER 294, SB 307)ê

 

Legislative Counsel’s Digest:

      Existing law sets forth various requirements concerning a franchise between a supplier and a wholesaler of malt beverages, distilled spirits and wines. (NRS 597.120-597.180) Existing law prohibits a supplier from unreasonably withholding or delaying approval of any assignment, sale or transfer of stock of a wholesaler or of all or any portion of a wholesaler’s assets, a wholesaler’s voting stock, the voting stock of any parent corporation or the beneficial ownership or control of any other entity owning or controlling the wholesaler if the person to be substituted under the terms of the franchise meets certain reasonable standards. (NRS 597.157) Section 1.7 of this bill requires a supplier to approve or deny approval for any such transaction in writing within 60 days after receiving notice of the transaction if the person to be substituted under the terms of the franchise meets certain reasonable standards. Section 1.7 provides that if a supplier does not approve or deny approval for the transaction within that time period, the transaction is deemed approved.

      Section 1 of this bill provides that a provision of any contract or other agreement that attempts to alter or waive the provisions of law governing a franchise between a supplier and a wholesaler of malt beverages, distilled spirits and wines is void and unenforceable. Sections 1.3 and 3.5 of this bill make conforming changes to indicate the proper placement of section 1 in the Nevada Revised Statutes.

      Section 3 of this bill prohibits a supplier from: (1) failing to approve or disapprove an invoice or claim for reimbursement within 45 days or failing to pay an invoice or claim for reimbursement within 45 days after such approval; (2) entering into an agreement with a wholesaler which purports to waive the rights and remedies of the wholesaler if the supplier retaliates against the wholesaler for reporting a violation of law to the Department of Taxation; (3) requiring a wholesaler to make payments under terms that are materially different from the payment terms applicable to payments made by the supplier; or (4) withdrawing credit or credit terms from a wholesaler except in accordance with a written policy of the supplier which is provided or otherwise made available to the wholesaler.

      Existing law regulates the operation of brew pubs in this State, including limiting the amount of malt beverages which a person who operates one or more brew pubs is authorized to manufacture per year to not more than 40,000 barrels. (NRS 597.230) Section 4 of this bill authorizes a person who operates one or more brew pubs to manufacture and sell an additional 20,000 barrels of malt beverages to a wholesaler located outside of this State, subject to such auditing as the Department of Taxation establishes by regulation.

      Existing law provides for the operation of wineries in this State. (NRS 597.240) Section 4.5 of this bill authorizes a winery to operate from multiple noncontiguous locations, provided that the winery has obtained a license for each such location. Section 4.5 authorizes a winery that was issued a wine-maker’s license on or after October 1, 2015, to sell alcoholic beverages at retail if the winery has obtained any licenses or permits required in the jurisdiction in which the winery is located and the winery complies with the requirement to purchase liquor from a state-licensed wholesaler. Section 4.5 removes the prohibition against a winery selling alcoholic beverages on the premises of the winery or producing, blending or aging wine at a location other than the premises of the winery.

      Existing law authorizes a winery to transfer in bulk, directly or through a wholesaler, wine produced, blended or aged by the winery to an estate distillery for the purpose of distillation and blending only if 25 percent or more of the wine produced, blended or aged by the winery is produced blended or aged from fruit grown in this State. (NRS 597.240) Section 4.5 provides that the 25-percent requirement may also be satisfied with wine that is produced, blended or aged from honey produced in this State. Section 4.3 of this bill authorizes an estate distillery to blend and distill wine manufactured by a winery if 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown or honey produced in this State.

 


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ê2021 Statutes of Nevada, Page 1685 (CHAPTER 294, SB 307)ê

 

      Existing law requires certain persons and businesses, including importers of liquor, wholesale dealers of alcoholic beverages, winemakers, instructional wine-making facilities, breweries, brew pubs and craft and estate distilleries to obtain a state license or permit to engage in certain activities involving alcoholic beverages. (NRS 369.180) Existing law further requires an application for a license for these persons or businesses to be made to the board of county commissioners or the governing body of the city in which the applicant maintains his or her principal place of business. (NRS 369.190) Section 5 of this bill requires the board of county commissioners or the governing body of a city, in approving such an application, to require satisfactory proof that the applicant is not in violation of the prohibition against engaging in certain activities involving alcoholic beverages without a license and that the applicant is not applying for a license for a business in which he or she is prohibited by law from engaging.

      Section 4.7 of this bill authorizes a retail liquor store, or a delivery support service acting on behalf of a retail liquor store, to deliver liquor in its original package to a consumer in connection with a retail sale of such liquor if: (1) the liquor was purchased by the retail liquor store from a licensed wholesaler; and (2) the delivery takes place in a jurisdiction where the retail liquor store is licensed to sell liquor at retail. Section 4.7 requires the Department of Taxation to adopt regulations governing such deliveries. Section 4.7 also exempts such deliveries from certain provisions of law governing the transport of liquor, including laws which authorize the transport of liquor for delivery only by persons who have been issued certain state licenses.

      Section 6 of this bill revises terminology relating to applications for a certificate of compliance by suppliers of liquor by replacing the term “vendor” with “out-of-state supplier.”

      Existing law prohibits a person from keeping or possessing for sale, furnishing or selling, or soliciting the purchase or sale of any liquor in this State, or transporting or importing or causing to be transported or imported any liquor in or into this State for delivery, storage, use or sale unless the person complies with the relevant provisions of law and holds the appropriate license, permit or certificate, except for certain limited exceptions for liquor purchased for household or personal use. (NRS 369.490) Section 7 of this bill additionally requires a person to be duly designated by the supplier of such liquor or to have purchased the liquor from certain authorized sources. Section 7 also revises an existing exception from licensing requirements for consumers who import 1 gallon or less of alcoholic beverage per month for household or personal use to provide that the exception applies only if the person enters this State with such alcoholic beverage rather than importing it. Sections 6.3 and 6.7 of this bill make a conforming change to reflect that this exception does not apply to the shipping of alcoholic beverages into this State other than wine.

 

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

      Any term of a contract or other agreement that attempts to alter or waive any provision of this section and NRS 597.120 to 597.180, inclusive, is void and unenforceable.

      Sec. 1.3. NRS 597.120 is hereby amended to read as follows:

      597.120  As used in NRS 597.120 to 597.180, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 597.125 to 597.150, inclusive, have the meanings ascribed to them in those sections.

 


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ê2021 Statutes of Nevada, Page 1686 (CHAPTER 294, SB 307)ê

 

      Sec. 1.7.NRS 597.157 is hereby amended to read as follows:

      597.157  1.  A supplier shall [not unreasonably withhold or delay approval of] approve any assignment, sale or transfer of the stock of a wholesaler or of all or any portion of a wholesaler’s assets, a wholesaler’s voting stock, the voting stock of any parent corporation or the beneficial ownership or control of any other entity owning or controlling the wholesaler, including the wholesaler’s rights and obligations under the terms of a franchise, [whenever a] within 60 days after receiving notice of the transaction if the person to be substituted under the terms of the franchise meets reasonable standards imposed upon the wholesaler and any other wholesaler of the supplier of the same general class, after consideration of the size and location of the marketing area of the wholesaler. A supplier shall approve or deny approval of the transaction in writing and, if approval of the transaction is denied, state the material reasons for the denial. If a supplier does not approve or deny approval of the transaction within 60 days after receiving notice of the transaction, the transaction shall be deemed approved.

      2.  Upon the death of a partner of a partnership that operates the business of a wholesaler, a supplier shall not unreasonably withhold or delay approval of maintaining the franchise between the supplier and each surviving partner.

      3.  Upon the death of any owner, controlling shareholder or operator of a wholesaler, a supplier shall not deny approval of any transfer of ownership to a surviving spouse, child or grandchild of the owner who has reached the age of majority at the time of death, controlling shareholder or operator. Any subsequent transfer of ownership by the spouse, child, grandchild, controlling shareholder or operator is subject to the provisions of subsection 1.

      4.  In addition to the provisions of NRS 597.170, a supplier who unreasonably delays or withholds consent or unreasonably denies approval of a sale, transfer or assignment of any ownership interest in a wholesaler is liable to the wholesaler for the laid-in costs of inventory of each affected brand of liquor and any diminution in the fair market value of the business of the wholesaler in relation to each affected brand. The damages recoverable pursuant to this section include, without limitation, all reasonable costs of bringing the action and attorney’s fees. For the purpose of this subsection, the fair market value of a business of a wholesaler includes, without limitation, the good will of the business and its value as a going concern, if any.

      [5.  The provisions of this section may not be modified by agreement. Any provision in an agreement is void if the provision includes such a modification.]

      Sec. 2. (Deleted by amendment.)

      Sec. 3. NRS 597.162 is hereby amended to read as follows:

      597.162  A supplier shall not:

      1.  Prohibit a wholesaler from selling an alcoholic beverage of any other supplier;

      2.  Prevent a wholesaler from using best efforts to sell, market, advertise or promote an alcoholic beverage of any other supplier;

      3.  Provide any reward or penalty to, or in any other way condition its relationship with, a wholesaler based upon the amount of sales the wholesaler makes of an alcoholic beverage of any other supplier;

 


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ê2021 Statutes of Nevada, Page 1687 (CHAPTER 294, SB 307)ê

 

      4.  Disapprove a wholesaler’s selection of a general manager or successor general manager based on the wholesaler’s sales, marketing, advertising, promotion or retail placement of an alcoholic beverage of any other supplier;

      5.  Require a wholesaler to report to the supplier any of the wholesaler’s financial information associated with the purchase, sale or distribution of an alcoholic beverage of any other supplier [;] , except that nothing in this subsection prohibits a wholesaler from reporting general financial information in order for the supplier to assess the overall financial condition of a wholesaler as a condition of providing credit, so long as the supplier does not require the wholesaler to submit disaggregated financial information associated with or identifying the wholesaler’s sales of an alcoholic beverage of another supplier or suppliers;

      6.  Fix or maintain the price at which a wholesaler may resell an alcoholic beverage purchased from the supplier;

      7.  Require a wholesaler to pay to the supplier all or any portion of the difference in the suggested retail price of an alcoholic beverage and the actual price at which the wholesaler sells the alcoholic beverage;

      8.  Require a wholesaler to accept delivery of any alcoholic beverage or any other item that is not voluntarily ordered by the wholesaler [or otherwise not required under the franchise between the supplier and wholesaler] or is in violation of any levels of inventory that are mutually agreed upon in writing by the supplier and wholesaler;

      9.  Prohibit or restrain, directly or indirectly, a wholesaler from participating in an organization that represents the interests of wholesalers for any lawful purpose;

      10.  Discriminate against, penalize or otherwise retaliate against a wholesaler because the wholesaler raises, alleges or otherwise brings to the attention of the Department of Taxation an actual, potential or perceived violation of this chapter [; or

      11.] or enter into an agreement with a wholesaler which purports to waive any right or remedy of the wholesaler pursuant to this subsection;

      11.  Require a wholesaler to participate in or contribute to any advertising fund or promotional activity that:

      (a) Is not used for advertising or a promotional activity in the marketing area of the wholesaler; or

      (b) Requires a contribution by the wholesaler that exceeds any amount specified for that purpose in the franchise ;

      12.  Fail to approve or disapprove an invoice or claim for reimbursement submitted by a wholesaler within 45 days after receipt of the invoice or claim;

      13.  Fail to pay to a wholesaler the amount of any invoice or claim for reimbursement within 45 days after the supplier approves the invoice or claim;

      14.  Require a wholesaler to make payments to the supplier under terms that are materially different from the payment terms applicable to the supplier when making payments to the wholesaler; or

      15.  Withdraw credit or credit terms from a wholesaler except in accordance with the terms of a written policy of the supplier which is provided or otherwise made available to the wholesaler.

 


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ê2021 Statutes of Nevada, Page 1688 (CHAPTER 294, SB 307)ê

 

      Sec. 3.5. NRS 597.170 is hereby amended to read as follows:

      597.170  1.  Any wholesaler may bring an action in a court of competent jurisdiction against a supplier for violation of NRS 597.120 to 597.180, inclusive, and section 1 of this act and may recover the damages sustained by the wholesaler, together with such costs of the action and reasonable attorney’s fees as are authorized under NRS 18.110.

      2.  The remedies provided in NRS 597.120 to 597.180, inclusive, and section 1 of this act are independent of and supplemental to any other remedy or remedies available to the wholesaler in law or equity.

      Sec. 4. NRS 597.230 is hereby amended to read as follows:

      597.230  1.  In any county, a person may operate a brew pub:

      (a) In any redevelopment area established in that county pursuant to chapter 279 of NRS;

      (b) In any historic district established in that county pursuant to NRS 384.005;

      (c) In any retail liquor store as that term is defined in NRS 369.090; or

      (d) In any other area in the county designated by the board of county commissioners for the operation of brew pubs. In a city which is located in that county, a person may operate a brew pub in any area in the city designated by the governing body of that city for the operation of brew pubs.

Ê [A] Except as otherwise provided in paragraph (e) of subsection 3, a person who operates one or more brew pubs may not manufacture more than 40,000 barrels of malt beverages for all the brew pubs he or she operates in this State in any calendar year.

      2.  The premises of any brew pub operated pursuant to this section must be conspicuously identified as a “brew pub.”

      3.  Except as otherwise provided in subsection 4, a person who operates one or more brew pubs pursuant to this section may, upon obtaining a license pursuant to chapter 369 of NRS and complying with any other applicable governmental requirements:

      (a) Manufacture and store malt beverages on the premises of one or more of the brew pubs and:

             (1) Sell and transport the malt beverages manufactured on the premises to a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS.

             (2) Donate for charitable or nonprofit purposes and, for the purposes of the donation, transport the malt beverages manufactured on the premises in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

            (3) Transfer in bulk the malt beverages manufactured on the premises:

                   (I) To a person holding a valid wholesale wine and liquor dealer’s license or wholesale beer dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the malt beverages to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or

                   (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the malt beverages pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

 


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ê2021 Statutes of Nevada, Page 1689 (CHAPTER 294, SB 307)ê

 

transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      (b) Manufacture and store malt beverages on the premises of one or more of the brew pubs and transport the malt beverages manufactured on the premises to a retailer, other than a person who operates a brew pub pursuant to this section, that holds a valid license pursuant to chapter 369 of NRS for the purpose of selling the malt beverages at a special event in accordance with the terms and conditions of a special permit for the transportation of the malt beverages obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450. For the purposes of this paragraph, the person who operates one or more brew pubs shall not obtain more than 20 such special permits for the transportation of the malt beverages from the Department of Taxation pursuant to subsection 4 of NRS 369.450 within a calendar year.

      (c) Sell at retail, not for resale, malt beverages manufactured on or off the premises of one or more of the brew pubs for consumption on the premises.

      (d) Sell at retail, not for resale, in packages sealed on the premises of one or more of the brew pubs, malt beverages, including malt beverages in unpasteurized form, manufactured on the premises for consumption off the premises.

      (e) In a calendar year, in addition to the amount of malt beverages which may be manufactured pursuant to subsection 1, manufacture and sell 20,000 barrels of malt beverages for all the brew pubs he or she operates in this State provided such barrels are sold to a wholesaler located outside of this State, subject to such periodic auditing as the Department of Taxation shall require by regulation.

      4.  The amount of malt beverages sold pursuant to paragraphs (b), (c) and (d) of subsection 3 must not exceed a total of 5,000 barrels in any calendar year. Of the 5,000 barrels, not more than 1,000 barrels may be sold in kegs.

      Sec. 4.3. NRS 597.237 is hereby amended to read as follows:

      597.237  1.  A person may operate an estate distillery if the person:

      (a) Obtains a license for the facility pursuant to chapter 369 of NRS;

      (b) Complies with the requirements of this chapter; and

      (c) Complies with any other applicable governmental requirements.

      2.  A person who operates an estate distillery pursuant to this section may:

      (a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. The person operating the estate distillery shall ensure that none of the spirits manufactured at the estate distillery are derived from neutral or distilled spirits manufactured by another manufacturer, except as authorized by paragraph (b).

      (b) Blend and distill wines or malt beverages, provided any such wine or malt beverage was manufactured by:

             (1) A brew pub licensed pursuant to NRS 597.230;

             (2) A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or before September 30, 2015; or

 


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ê2021 Statutes of Nevada, Page 1690 (CHAPTER 294, SB 307)ê

 

             (3) A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or after October 1, 2015, if 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown or honey produced in this State.

      (c) Except as otherwise provided in paragraphs (g) and (h), in any calendar year, sell and transport in Nevada not more than a combined total of 75,000 cases of spirits at the estate distillery to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.

      (d) In any calendar year, manufacture for exportation to another state, not more than a combined total of 400,000 cases of spirits at all the estate distilleries the person operates.

      (e) On the premises of the estate distillery, serve samples of the spirits manufactured at the estate distillery. Any such samples must not exceed, per person, per day, 4 fluid ounces in volume.

      (f) On the premises of the estate distillery, sell the spirits manufactured at the estate distillery at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, 1 case of spirits and not exceed, per person, per year, 6 cases of spirits. The total amount of such spirits sold at retail for off-premises consumption must not exceed 7,500 cases per year. Spirits purchased on the premises of an estate distillery must not be resold by the purchaser or any retail liquor store. A person who operates an estate distillery shall prominently display on the premises a notice that the resale of spirits purchased on the premises is prohibited.

      (g) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the estate distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      (h) Transfer in bulk neutral or distilled spirits manufactured at the estate distillery to a supplier. Any such transfer:

             (1) Is taxable only when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State and removed from the federally bonded premises of the supplier; and

             (2) Is not a sale for the purposes of paragraph (c) or manufacturing for exportation for the purposes of paragraph (d).

      (i) Subject to the provisions of subsection 3, receive wine or malt beverages in bulk from a person described in subparagraph (1), (2) or (3) of paragraph (b), or from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such wine or malt beverages pursuant to NRS 597.230 or 597.240, for the purpose of distillation and blending. Wine and malt beverages so received are taxable only when the wine and malt beverages are:

             (1) Distilled, blended or both, and bottled in original packages for sale within this State; and

             (2) Removed from the federally bonded premises of the estate distillery.

      3.  A person who operates an estate distillery shall not receive a shipment of wine or malt beverages:

      (a) Unless the person first notifies the Department of Taxation that the distillery will receive such a shipment; and

 


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ê2021 Statutes of Nevada, Page 1691 (CHAPTER 294, SB 307)ê

 

      (b) Except as authorized by paragraph (i) of subsection 2.

      4.  Spirits manufactured by an estate distillery pursuant to this section may be sold in this State only after bottling in original packages.

      Sec. 4.5.NRS 597.240 is hereby amended to read as follows:

      597.240  1.  A winery , including a winery that consists of multiple noncontiguous locations, that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury, including, without limitation, an alternating proprietorship of not more than four such wineries, and that has been issued a wine-maker’s license for each noncontiguous location of the winery pursuant to NRS 369.200 may:

      (a) Produce, bottle, blend and age wine.

      (b) Import wine or juice from a winery that is located in another state and that is federally bonded and permitted by the Alcohol and Tobacco Tax and Trade Bureau, to be fermented into wine or, if already fermented, to be mixed with other wine or aged in a suitable cellar, or both.

      2.  A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 on or before September 30, 2015, may:

      (a) Sell at retail or serve by the glass, on its premises and at one other location, wine produced, blended or aged by the winery. The amount of wine sold at a location other than on the premises of the winery may not exceed 50 percent of the total volume of the wine sold by the winery.

      (b) Serve by the glass, on its premises, any alcoholic beverage.

      (c) Transfer in bulk wine produced, blended or aged by the winery:

             (1) To a person holding a valid wholesale wine and liquor dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the wine to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or

             (2) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to subparagraph (1), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237 and must be performed in accordance with the terms and conditions of a special permit for the transportation of the wine obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      3.  A winery that is issued a wine-maker’s license pursuant to NRS 369.200 on or after October 1, 2015:

      (a) If 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown or honey produced in this State, may:

             (1) Sell at retail or serve by the glass, on its premises, wine produced, blended or aged by the winery.

             (2) Transfer in bulk wine produced, blended or aged by the winery:

                   (I) To a person holding a valid wholesale wine and liquor dealer’s license issued pursuant to chapter 369 of NRS for the purpose of transferring in bulk the wine to an estate distillery for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237; or

                   (II) If there is no wholesaler who is able or willing to accept and transfer in bulk the wine pursuant to sub-subparagraph (I), to a person holding a valid license to operate an estate distillery issued pursuant to chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.

 


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chapter 369 of NRS for the purpose of distillation and blending, which transfer is taxable only as provided in NRS 597.237.

             (3) Sell alcoholic beverages at retail if the winery:

                   (I) Has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the winery is located; and

                   (II) Complies with NRS 369.487.

      (b) If less than 25 percent of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown or honey produced in this State, may [sell] :

             (1) Sell at retail or serve by the glass, on its premises, not more than 1,000 cases of wine produced, blended or aged by the winery per calendar year.

             (2) Subject to the limitation set forth in subparagraph (1), sell alcoholic beverages at retail if the winery:

                   (I) Has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the winery is located; and

                   (II) Complies with NRS 369.487.

      4.  [The owner or operator of a winery shall not:

      (a) Except as otherwise provided in paragraph (b) of subsection 2, sell alcoholic beverages on the premises of the winery other than wine produced, blended or aged by the winery.

      (b) Produce, blend or age wine at any location other than on the premises of the winery.

      5.]  The State Board of Agriculture may adopt regulations for the purposes of ensuring that a winery is in compliance with any requirements established by the Federal Government for labeling bottles of wine produced, blended or aged by the winery.

      [6.]5.  For the purposes of this section, an instructional wine-making facility is not a winery.

      Sec. 4.7.Chapter 369 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Subject to such regulations as the Department may prescribe pursuant to subsection 2, a retail liquor store, or a delivery support service acting on behalf of a retail liquor store, may deliver liquor in its original package to a consumer in this State in connection with a retail sale of such liquor if:

      (a) The retail liquor store purchased the liquor from a licensed wholesaler; and

      (b) The delivery takes place in a jurisdiction in this State in which the retail liquor store is licensed to sell liquor at retail.

      2.  The Department shall adopt regulations governing deliveries made pursuant to this section, which must include, without limitation:

      (a) A requirement for the retail liquor store or its delivery support service to obtain proof, in the form of a signature or other verification, that the delivery was accepted on behalf of the consumer by a person who is at least 21 years of age.

      (b) A requirement that any such delivery originate only from the premises of the retail liquor store during the operating hours of the retail liquor store.

 


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      (c) Regulations prescribing the area in which such deliveries may be made, which must take into account relevant local jurisdictions and the marketing area of the wholesaler of any liquor to be delivered.

      (d) Provisions necessary to encourage local governments to coordinate their ordinances with the regulations of the Department pursuant to this section to provide for more uniform implementation, supervision and enforcement of the regulations of the Department and the ordinances of local governments concerning such deliveries.

      3.  Except as otherwise provided in this section, the provisions of this chapter governing the transport of liquor, including, without limitation, the provisions which authorize the transport of liquor for delivery only by a person who holds a license issued under this chapter, do not apply to a delivery made pursuant to this section.

      4.  As used in this section, “marketing area” has the meaning ascribed to it in NRS 597.136.

      Sec. 5. NRS 369.190 is hereby amended to read as follows:

      369.190  1.  An application for any of the licenses described in NRS 369.180 must be made to:

      (a) The board of county commissioners of the county in which the applicant maintains his or her principal place of business if the applicant does not maintain his or her principal place of business within the boundaries of an incorporated city; or

      (b) The governing body of the city in which the applicant maintains his or her principal place of business if the applicant maintains his or her principal place of business within the boundaries of an incorporated city.

      2.  Each application must:

      (a) Be made on such form as the Department prescribes.

      (b) Include the name and address of the applicant. If the applicant is:

             (1) A partnership, the application must include the names and addresses of all partners.

             (2) A corporation, association or other organization, the application must include the names and addresses of the president, vice president, secretary and managing officer or officers.

             (3) A person carrying on or transacting business in this state under an assumed or fictitious name, the person making the application must attach to the application:

                   (I) A certified copy of the certificate required by NRS 602.010 or any renewal certificate required by NRS 602.035.

                    (II) A certificate signed by an officer of the corporation or by each person interested in, or conducting or carrying on such business, or intending so to do, and acknowledged before a person authorized to take acknowledgments of conveyances of real property, indicating the name of the authorized representative whose signature may be required on the license under the provisions of this chapter.

      (c) Specify the location, by street and number, of the premises for which the license is sought.

      (d) Be accompanied by the annual license fee required for the particular license for which application is made.

      3.  The board of county commissioners or the governing body of a city, as applicable, shall examine all applications filed with it, and shall require satisfactory evidence that the applicant is [a] :

 


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      (a) A person of good moral character [.] ;

      (b) Not acting in violation of NRS 369.180; and

      (c) Not applying for a license for a business in which the applicant is prohibited from engaging pursuant to NRS 369.382.

      Sec. 6. NRS 369.430 is hereby amended to read as follows:

      369.430  1.  By regulation, the Department shall prescribe the form of application for and the form of a certificate of compliance, which must be printed and distributed to exporters of liquor into this State to assist them in legally exporting liquor into this State.

      2.  An intending importer may not legally receive or accept any shipment of liquor except from a holder of a certificate of compliance.

      3.  Before a person may engage in business as a supplier [,] of liquor in this State, the person must obtain a certificate of compliance from the Department.

      4.  The Department shall grant a certificate of compliance to any out-of-state [vendor of liquors] supplier who undertakes in writing:

      (a) To furnish the Department on or before the 10th day of each month a report under oath showing the quantity and type of liquor sold and shipped by the [vendor] out-of-state supplier to each licensed importer of liquor in Nevada during the preceding month;

      (b) That the [vendor] out-of-state supplier and all his or her agents and any other agencies controlled by the [vendor] out-of-state supplier will comply faithfully with all laws of this State and all regulations of the Department respecting the exporting of liquor into this State;

      (c) That the [vendor] out-of-state supplier will make available for inspection and copying by the Department any books, documents and records, whether within or outside this State, which are pertinent to his or her activities or the activities of his or her agents or any other agencies controlled by the [vendor] out-of-state supplier within this State and which relate to the sale and distribution of his or her liquors within this State; and

      (d) That the [vendor] out-of-state supplier will appoint a resident of this State as his or her agent for service of process or any notice which may be issued by the Department.

      5.  If any holder of a certificate of compliance fails to keep any undertaking or condition made or imposed in connection therewith, the Department may suspend the certificate and conduct a hearing, giving the holder thereof a reasonable opportunity to appear and be heard on the question of vacating the suspension order or order finally revoking the certificate.

      6.  An applicant for a certificate of compliance must pay a fee of $50 to the Department for the certificate. On or before July 1 of each year, the certificate holder must renew the certificate by satisfying the conditions of the original certificate and paying a fee of $50 to the Department.

      Sec. 6.3. NRS 369.462 is hereby amended to read as follows:

      369.462  A supplier who ships [liquor] wine into this state pursuant to paragraph [(b) or] (c) of subsection 2 of NRS 369.490 must pay the excise tax levied pursuant to NRS 369.330.

      Sec. 6.7. NRS 369.468 is hereby amended to read as follows:

      369.468  A supplier who ships [liquor] wine into this state pursuant to paragraph [(b) or] (c) of subsection 2 of NRS 369.490 shall preserve for inspection and audit by the Department and its agents, for a period of 4 years, all invoices and lists of liquors shipped to a location in this state, specifying the:

 


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inspection and audit by the Department and its agents, for a period of 4 years, all invoices and lists of liquors shipped to a location in this state, specifying the:

      1.  Kind and quantity of [liquor] wine shipped in each order.

      2.  Name of the person to whom the [liquor] wine was shipped.

      3.  Place to which each order was shipped and the date of shipping.

      Sec. 7. NRS 369.490 is hereby amended to read as follows:

      369.490  1.  Except as otherwise provided in subsection 2 and NRS 369.176 [,] and section 4.7 of this act, a person shall not directly or indirectly, himself or herself or by his or her clerk, agent or employee, offer, keep or possess for sale, furnish or sell, or solicit the purchase or sale of any liquor in this State, or transport or import or cause to be transported or imported any liquor in or into this State for delivery, storage, use or sale therein, unless the person:

      (a) Has complied fully with the provisions of this chapter; [and]

      (b) Holds an appropriate, valid license, permit or certificate issued by the Department [.] ; and

      (c) Has been duly designated by the supplier of that liquor pursuant to NRS 369.386 or purchased the liquor in compliance with NRS 369.486.

      2.  Except as otherwise provided in subsection 3, the provisions of this chapter do not apply to a person:

      (a) Entering this State with a quantity of alcoholic beverage for household or personal use which is exempt from federal import duty;

      (b) [Who imports] Entering this State with 1 gallon or less of alcoholic beverage per month from another state for his or her own household or personal use;

      (c) Who:

             (1) Is a resident of this State;

             (2) Is 21 years of age or older; and

             (3) Imports 12 cases or less of wine per year for his or her own household or personal use; or

      (d) Who is lawfully in possession of wine produced on the premises of an instructional wine-making facility for his or her own household or personal use and who is acting in a manner authorized by NRS 597.245.

      3.  The provisions of subsection 2 do not apply to a supplier, wholesaler or retailer while he or she is acting in his or her professional capacity.

      4.  A person who accepts [liquor] wine shipped into this State pursuant to paragraph [(b) or] (c) of subsection 2 must be 21 years of age or older.

      Sec. 8.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 1696ê

 

CHAPTER 295, SB 320

Senate Bill No. 320–Senator Neal

 

CHAPTER 295

 

[Approved: June 2, 2021]

 

AN ACT relating to trade practices; prohibiting a food delivery service platform provider from engaging in certain activities; requiring a food delivery service platform provider to remove a food dispensing establishment from the food delivery service platform of the provider upon request; requiring a food delivery service platform provider to make certain disclosures concerning online food orders; prohibiting a food delivery service platform provider from charging a food dispensing establishment any commission over a certain amount during any period in which a declaration of emergency is in effect in certain counties in this State if certain conditions apply; establishing certain practices as deceptive trade practices; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      This bill enacts various provisions relating to a food delivery service platform, which is defined in section 4 of this bill to mean an Internet website, online service or mobile application which allows users to purchase food from multiple food dispensing establishments and arrange for the same-day delivery or same-day pickup of such food. Section 4 further provides that an Internet website, online service or mobile application which does not post certain information and does not charge a commission or other fees is not a food delivery service platform. Section 5 of this bill defines “food delivery service platform provider” as a person who operates a food delivery service platform.

      Section 12 of this bill prohibits a food delivery service platform provider from facilitating an online food order involving a food dispensing establishment unless the provider has entered into a written agreement with the food dispensing establishment that expressly authorizes the provider to engage in such activities. Section 13 of this bill requires a food delivery service platform provider to remove a food dispensing establishment from the food delivery service platform of the provider within 48 hours after the receipt of a written request from the food dispensing establishment. Section 13 provides that a food delivery service platform provider that violates that requirement is subject to a civil penalty of $500 per day of the violation.

      Section 14 of this bill prohibits a food delivery service platform provider from using the likeness, registered trademark or intellectual property of a food dispensing establishment without first obtaining the written consent of the food dispensing establishment. Section 14 provides that a food delivery service platform provider that violates that prohibition is subject to a civil penalty of $500 per day of the violation. Section 15 of this bill authorizes a food dispensing establishment whose likeness, registered trademark or intellectual property was used by a food delivery service platform provider in violation of section 14 to bring an action against the provider.

      Section 16 of this bill requires a food delivery service platform provider to disclose certain information to a user of the platform who engages in an online food order. Among the information required to be disclosed by section 16 is a statement that indicates a commission is to be paid associated with the online food order.

 


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ê2021 Statutes of Nevada, Page 1697 (CHAPTER 295, SB 320)ê

 

statement that indicates a commission is to be paid associated with the online food order. Section 3 of this bill defines “commission,” in general, to mean any fee charged by a food delivery service platform provider to a food dispensing establishment for the use of the services of the provider in effectuating online food orders. Section 17 of this bill sets forth the procedures by which a food delivery service platform provider may request an alternative manner in which all required information may be disclosed.

      Section 17.5 of this bill prohibits, for any period during which a declaration of emergency is in effect in a county in this State and social distancing requirements and occupancy limitations on the capacity of food dispensing establishments apply, a food delivery service platform provider from charging a food dispensing establishment any commission for an online food order that exceeds a certain amount. Section 17.5 provides that this prohibition does not supersede or preempt an ordinance enacted in a county in this State that places limits on the maximum commission that a food delivery service platform provider may charge a food dispensing establishment if the ordinance was in effect on or before April 30, 2021.

      Existing law defines various activities involving businesses and occupations that constitute deceptive trade practices. (NRS 598.0915-598.0925) If a person knowingly engages in a deceptive trade practice, the person may be subject to restraint by injunction and the imposition of civil and criminal penalties. (NRS 598.0979, 598.0985, 598.0999) Section 18 of this bill provides that a violation of the provisions of section 16, 17 or 17.5 of this bill constitutes a deceptive trade practice.

      Sections 3-11 of this bill define words and terms for the purposes of this bill.

 

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 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 18, inclusive, of this act.

      Sec. 2. As used in sections 2 to 18, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 11, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. 1.  “Commission” means any fee or other payment of money that is charged by a food delivery service platform provider to a food dispensing establishment for the use of the services of the food delivery service platform provider in effectuating online food orders.

      2.  The term includes, without limitation, any annual fee charged to a food dispensing establishment for the use of the services described in subsection 1.

      3.  The term does include any fee that is charged by a food delivery service platform provider for services provided as a general or indirect cost of doing business, including, without limitation, fees for the processing of credit cards or for advertising in a restaurant directory.

      Sec. 4. 1.  “Food delivery service platform” means an Internet website, online service or mobile application which allows users to purchase food from multiple food dispensing establishments and arrange for the same-day delivery or same-day pickup of such food.

 


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ê2021 Statutes of Nevada, Page 1698 (CHAPTER 295, SB 320)ê

 

      2.  The term does not include an Internet website, online service or mobile application which does not:

      (a) Post the menu of, the amounts charged by or the likeness, registered trademark or intellectual property of a food dispensing establishment; and

      (b) Charge a commission or other payment of money to a food dispensing establishment in effectuating online food orders.

      Sec. 5. “Food delivery service platform provider” means a person who operates a food delivery service platform.

      Sec. 6. 1.  “Food dispensing establishment” means a food establishment that prepares and serves food intended for immediate consumption. The term includes, without limitation, a restaurant. The term does not include a convenience store or a grocery store.

      2.  As used in this section:

      (a) “Convenience store” has the meaning ascribed to it in NRS 597.225.

      (b) “Food establishment” has the meaning ascribed to it in NRS 446.020.

      (c) “Grocery store” has the meaning ascribed to it in NRS 597.225.

      Sec. 7. “Food purchase price” means the portion of the total online food order price that is attributable to the amount charged by the food dispensing establishment for the food.

      Sec. 8. “Likeness” means any identifiable symbol attributed and easily identified as belonging to a specific food dispensing establishment.

      Sec. 9. “Online food order” means a transaction in which a user, through a food delivery service platform, purchases food from a food dispensing establishment and arranges for the same-day delivery or same-day pickup of such food.

      Sec. 10. “Total online food order price” means the total amount paid or to be paid by a user as a result of an online food order.

      Sec. 11. “User” means a person who uses a food delivery service platform to engage in an online food order.

      Sec. 12. A food delivery service platform provider shall not facilitate an online food order involving a food dispensing establishment, including, without limitation, arranging for the same-day delivery or same-day pickup of food prepared by a food dispensing establishment, unless the food delivery service platform provider has entered into a written agreement with the food dispensing establishment that expressly authorizes the food delivery service platform provider to engage in such activities.

      Sec. 13. 1.  A food dispensing establishment may, at any time, submit a written request to a food delivery service platform provider directing the provider to remove the food dispensing establishment from the food delivery service platform. If the food delivery service platform has appointed a registered agent located in this State, the request must be submitted to the registered agent.

      2.  A food delivery service platform provider that receives a request submitted pursuant to subsection 1 shall confirm receipt of the request and remove the food dispensing establishment from the food delivery service platform within 48 hours after receipt of the request.

 


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remove the food dispensing establishment from the food delivery service platform within 48 hours after receipt of the request.

      3.  A food delivery service platform provider who violates the provisions of subsection 2 is subject to a civil penalty of $500 per day of the violation, and each day’s continuance of the violation constitutes a separate and distinct violation.

      Sec. 14. 1.  A food delivery service platform provider shall not use the likeness, registered trademark or intellectual property of a food dispensing establishment unless the food delivery service platform provider first obtains the written consent of the food dispensing establishment.

      2.  A food delivery service platform provider who violates the provisions of subsection 1 is subject to a civil penalty of $500 per day of the violation, and each day’s continuance of the violation constitutes a separate and distinct violation.

      Sec. 15. 1.  A food dispensing establishment whose likeness, registered trademark or intellectual property was used by a food delivery service platform provider in violation of section 14 of this act may bring an action against the food delivery service platform provider in any court of competent jurisdiction and may recover the sum of $5,000 or the amount of actual damages sustained, whichever is greater.

      2.  If the food dispensing establishment prevails in the action, the court may award such punitive damages and equitable relief as the court determines to be proper.

      Sec. 16. 1.  Before an online food order is consummated with a user, the food delivery service platform provider must disclose to the user the following information in plain language and in a conspicuous manner:

      (a) The total online food order price;

      (b) Each portion of the total online food order price that is attributable to:

             (1) The food purchase price;

             (2) Any sales tax or other tax;

             (3) Any delivery fee or service fee charged to the user by the food delivery service platform provider or food dispensing establishment; and

             (4) Any gratuity to be paid to the person who delivers the food; and

      (c) A statement that indicates that a commission is to be paid by the food dispensing establishment in connection with the online food order.

      2.  If, after the consummation of an online food order, the user is provided with a receipt for the online food order, the information required to be disclosed pursuant to paragraphs (a) and (b) of subsection 1 must be set forth on the receipt in plain language and in a conspicuous manner.

      Sec. 17.  If a food delivery service platform provider determines that it is not feasible to disclose the information required pursuant to section 16 of this act in the manner provided in that section, the provider may submit a request to the Commissioner of Consumer Affairs to disclose the information in an alternative manner. Such a request must include, without limitation, a proposal for an alternative manner in which to disclose the information required pursuant to section 16 of this act and any other information the Commissioner deems necessary.

 


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without limitation, a proposal for an alternative manner in which to disclose the information required pursuant to section 16 of this act and any other information the Commissioner deems necessary. If the Commissioner approves the request, the food delivery service platform provider may disclose the information required pursuant to section 16 of this act in the manner set forth in the approved request.

      Sec. 17.5. 1.  During any period in which a declaration of emergency is in effect in a county in this State and social distancing requirements and occupancy limitations on the capacity of food dispensing establishments apply to that county, a food delivery service platform provider shall not charge a food dispensing establishment in that county a commission for an online food order that exceeds 15 percent of the food purchase price of the online food order, plus a credit card processing fee, if any. A food dispensing establishment in such a county may agree in writing to pay a food delivery service platform provider a commission that exceeds the limit established in this subsection to obtain optional products or services, including, without limitation, advertising, marketing or access to customer subscription programs.

      2.  A food delivery service platform provider shall not reduce the compensation rates paid to any person who delivers food for the provider or garnish the gratuities of such a person as a result of this section.

      3.  The provisions of this section do not supersede or preempt an ordinance enacted by a governing body of a county in this State that places limits on the maximum commission that a food delivery service platform provider may charge a food dispensing establishment if such an ordinance was in effect on or before April 30, 2021.

      4.  As used in this section, “governing body” means the board of county commissioners or, in the case of Carson City, the Board of Supervisors.

      Sec. 18. A person who knowingly violates section 16, 17 or 17.5 of this act is deemed to have committed a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      Sec. 19. (Deleted by amendment.)

      Sec. 20.  This act becomes effective upon passage and approval.

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ê2021 Statutes of Nevada, Page 1701ê

 

CHAPTER 296, SB 327

Senate Bill No. 327–Senators Neal and D. Harris

 

CHAPTER 296

 

[Approved: June 2, 2021]

 

AN ACT relating to discrimination; prohibiting certain types of discrimination relating to race in employment and education; revising provisions governing the authority of the Nevada Equal Rights Commission to investigate certain acts of prejudice against a person with regard to employment; revising provisions governing the procedures used by and notices given by the Nevada Equal Rights Commission; establishing certain requirements for testing which is used by a county or city for a decision regarding promotion of an employee; revising provisions governing the subjects that are subject to negotiation for certain collective bargaining agreements; revising provisions governing the policy for all school districts and schools in this State to provide a safe and respectful learning environment; establishing certain requirements for testing which is used by a school district for a decision regarding promotion of an employee; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes that it is the policy of this State to foster the right of all persons to reasonably seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. (NRS 233.010) In addition, existing law prohibits certain employers, employment agencies, labor organizations, joint labor-management committees or contractors from engaging in certain discriminatory employment practices. For example, it is an unlawful employment practice to fail to hire or to fire or otherwise discriminate against a person, or to limit or segregate or classify an employee on the basis of race, color, religion, sex, sexual orientation, age, disability or national origin, except in certain circumstances. (NRS 338.125, 613.330, 613.340, 613.350, 613.380) Sections 1.3, 2, 4, 9 and 14 of this bill define “race” to include traits associated with race, including, without limitation, hair texture and protective hairstyles. Similar protections are provided in other contexts by the following sections. Section 10 of this bill defines “race” to include traits associated with race for the purpose of prohibiting discrimination on the basis of race within the State Personnel System. (NRS 284.150, 284.385) Section 12 of this bill revises provisions governing relations with local government employers to prohibit discrimination on the basis of traits associated with race. (NRS 288.270) Section 15 of this bill revises the restrictions for commercial advertising on a school bus by prohibiting advertising that attacks groups based on traits associated with race. (NRS 386.845) Section 16 of this bill prohibits a dress code or policy that requires pupils to wear school uniforms to discriminate against a pupil based on race. (NRS 386.855) Sections 21, 22 and 25 of this bill prohibit discrimination based upon traits associated with race for enrollment in a charter school, a university school for profoundly gifted pupils or the Nevada System of Higher Education. (NRS 388A.453, 388C.010, 396.530) Section 24 of this bill prohibits a pupil from being disciplined based on his or her race.

      Existing law authorizes the Nevada Equal Rights Commission to investigate tensions, practices of discrimination and acts of prejudice against any person with regard to employment based on race, color, creed, sex, age, disability, gender identity or expression, national origin or ancestry. (NRS 233.150) Existing law provides that, if the Commission does not conclude that an unfair employment practice has occurred, the Commission is required to provide certain information to a complainant regarding his or her rights.

 


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if the Commission does not conclude that an unfair employment practice has occurred, the Commission is required to provide certain information to a complainant regarding his or her rights. (NRS 613.420) Section 3 of this bill requires the Commission to provide the complainant with certain information relating to the filing of a charge alleging an unlawful employment practice with the United States Equal Employment Opportunity Commission and the process by which the Equal Employment Opportunity Commission conducts a review of the Nevada Equal Rights Commission’s conclusion. Section 5 of this bill defines “race” to include traits associated with race for the purpose of serving as the basis upon which the Commission may investigate an allegation of discrimination.

      Sections 7, 8 and 23 of this bill set forth certain requirements governing testing that is used by a county, city or school district, respectively, for a decision regarding the promotion of an employee and make it a category E felony to tamper with the score of a test taken by an employee.

      Existing law sets forth the subjects that are subject to negotiation with an employee organization for the purposes of a collective bargaining agreement. (NRS 288.150) Section 11 of this bill provides that the requirements governing testing that is used by a county, city or school district, respectively, for a decision regarding the promotion of an employee are not subject to such negotiation. Section 13 of this bill makes conforming changes to revise internal references. (NRS 288.500)

      Existing law requires the Department of Education to prescribe a policy for all school districts and schools in this State to provide a safe and respectful learning environment that is free of bullying and cyber-bullying, including the provision of training to school personnel and requirements for reporting violations of the policy. (NRS 388.133) Sections 18 and 19 of this bill define “protective hairstyle” and “race” for the purposes of those provisions which require safe and respectful learning environments and prohibit bullying and cyber-bullying. Section 20 of this bill makes a conforming change to indicate the placement of sections 18 and 19 within the Nevada Revised Statutes.

 

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

      Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.

      Sec. 1.3.NRS 610.010 is hereby amended to read as follows:

      610.010  As used in this chapter, unless the context otherwise requires:

      1.  “Agreement” means a written and signed agreement of indenture as an apprentice.

      2.  “Apprentice” means a person who is covered by a written agreement, issued pursuant to a program with an employer, or with an association of employers or an organization of employees acting as agent for an employer.

      3.  “Council” means the State Apprenticeship Council created by NRS 610.030.

      4.  “Disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

      (b) A record of such an impairment; or

      (c) Being regarded as having such an impairment.

 


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      5.  “Executive Director” means the Executive Director of the Office of Workforce Innovation.

      6.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      7.  “Office of Workforce Innovation” means the Office of Workforce Innovation in the Office of the Governor created by NRS 223.800.

      8.  “Program” means a program of training and instruction as an apprentice in an occupation in which a person may be apprenticed.

      9.  “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      10.  “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      11.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      [10.]12.  “State Apprenticeship Director” means the person appointed pursuant to NRS 610.110.

      Sec. 1.7.Chapter 613 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.

      Sec. 2. NRS 613.310 is hereby amended to read as follows:

      613.310  As used in NRS 613.310 to 613.4383, inclusive, unless the context otherwise requires:

      1.  “Disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person, including, without limitation, the human immunodeficiency virus;

      (b) A record of such an impairment; or

      (c) Being regarded as having such an impairment.

      2.  “Employer” means any person who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, but does not include:

      (a) The United States or any corporation wholly owned by the United States.

      (b) Any Indian tribe.

      (c) Any private membership club exempt from taxation pursuant to 26 U.S.C. § 501(c).

      3.  “Employment agency” means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer, but does not include any agency of the United States.

      4.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      5.  “Labor organization” means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and which exists for the purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or other conditions of employment.

 


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      6.  “Person” includes the State of Nevada and any of its political subdivisions.

      7.  “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      8.  “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      9.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 3. NRS 613.420 is hereby amended to read as follows:

      613.420  1.  If the Nevada Equal Rights Commission does not conclude that an unfair employment practice within the scope of NRS 613.310 to 613.4383, inclusive, has occurred, the Commission shall issue:

      (a) A letter to the person who filed the complaint pursuant to NRS 613.405 notifying the person of his or her rights pursuant to subsection 2 . [; and]

      (b) A right-to-sue notice. The right-to-sue notice must indicate that the person may, not later than 90 days after the date of receipt of the right-to-sue notice, bring a civil action in district court against the person named in the complaint.

      (c) To the person who filed the complaint pursuant to NRS 613.405, basic information relating to:

             (1) Filing a charge alleging an unlawful employment practice with the United States Equal Employment Opportunity Commission; and

             (2) The process by which the United States Equal Employment Opportunity Commission conducts a review of the Nevada Equal Rights Commission’s conclusion pursuant to 42 U.S.C. § 2000e-5(b).

      2.  If the Nevada Equal Rights Commission has issued a right-to-sue notice pursuant to this section or NRS 613.412, the person alleging such a practice has occurred may bring a civil action in the district court not later than 90 days after the date of receipt of the right-to-sue notice for any appropriate relief, including, without limitation, an order granting or restoring to that person the rights to which the person is entitled under those sections.

      Sec. 3.5. Chapter 233 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.

      Sec. 4. NRS 233.010 is hereby amended to read as follows:

      233.010  1.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and obtain housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry.

      2.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin, ancestry or gender identity or expression.

 


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      3.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. As used in this subsection:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      4.  It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State.

      Sec. 5. NRS 233.150 is hereby amended to read as follows:

      233.150  The Commission may:

      1.  Order its Administrator to:

      (a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin, ancestry or gender identity or expression and may conduct hearings with regard thereto.

      (b) With regard to housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto.

      (c) With regard to employment, investigate:

             (1) Tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto; and

             (2) Any unlawful employment practice by an employer pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive, and may conduct hearings with regard thereto.

Ê As used in this paragraph, “race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles, as defined in paragraph (a) of subsection 3 of NRS 233.010.

      2.  Mediate between or reconcile the persons or groups involved in those tensions, practices and acts.

      3.  Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission.

      4.  Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ.

      5.  Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law.

      Sec. 6. (Deleted by amendment.)

 


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      Sec. 7. Chapter 245 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, notwithstanding the provisions of any collective bargaining agreement to the contrary, if a board of county commissioners, a county officer or any other person acting on behalf of a county includes testing as a factor in a decision regarding the vertical promotion of an employee:

      (a) The testing must be conducted by a third party which is independent from the board of county commissioners, county officer or other person acting on behalf of the county, as applicable.

      (b) A third party which conducts a test must send to each employee who takes the test a confidential electronic mail message which contains the employee’s test score. The third party must send an employee’s test score to the employee and the board of county commissioners, the county officer or other person acting on behalf of a county at the same time.

      (c) The board of county commissioners, county officer or other person acting on behalf of the county shall not produce a list of the employees who took the test, ranked in order of their test scores, until after the third party which conducted the test has sent each employee his or her test score pursuant to paragraph (b).

      (d) An employee who is aggrieved by his or her test score may appeal the testing process.

      2.  During the appeal process authorized by paragraph (d) of subsection 1:

      (a) The employee who appeals the testing process is entitled to see:

             (1) How his or her test was graded; and

            (2) The questions which the employee answered incorrectly.

      (b) The board of county commissioners, county officer or other person acting on behalf of the county, as applicable, shall ensure that the employee was ranked properly based on the employee’s test score.

      3.  A person who tampers with the score of a test taken by an employee is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      4.  The provisions of this section do not apply to a county department that has less than 200 employees.

      5.  As used in this section, “test” and “testing” includes, without limitation, a written test or oral board.

      Sec. 8. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, notwithstanding the provisions of any collective bargaining agreement to the contrary, if the governing body of an incorporated city or a city officer includes testing as a factor in a decision regarding the vertical promotion of an employee:

      (a) The testing must be conducted by a third party which is independent from the governing body or city officer, as applicable.

      (b) A third party which conducts a test must send to each employee who takes the test a confidential electronic mail message which contains the employee’s test score. The third party must send an employee’s test score to the employee and the governing body of an incorporated city or the city officer, as applicable, at the same time.

      (c) The governing body or city officer, as applicable, shall not produce a list of the employees who took the test, ranked in order of their test scores, until after the third party which conducted the test has sent each employee his or her test score pursuant to paragraph (b).

 


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scores, until after the third party which conducted the test has sent each employee his or her test score pursuant to paragraph (b).

      (d) An employee who is aggrieved by his or her test score may appeal the testing process.

      2.  During the appeal process authorized by paragraph (d) of subsection 1:

      (a) The employee who appeals the testing process is entitled to see:

             (1) How his or her test was graded; and

             (2) The questions which the employee answered incorrectly.

      (b) The governing body of an incorporated city or the city officer, as applicable, shall ensure that the employee was ranked properly based on the employee’s test score.

      3.  A person who tampers with the score of a test taken by an employee is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      4.  The provisions of this section do not apply to:

      (a) A city department that has less than 200 employees; or

      (b) An incorporated city if the city has a civil service commission that appoints a chief examiner and the chief examiner:

             (1) Serves at the pleasure of the civil service commission;

             (2) Is not answerable to any city officer or the governing body of the incorporated city other than the civil service commission; and

             (3) Is not a director of human resources for the civil service commission or the city.

      5.  As used in this section, “test” and “testing” includes, without limitation, a written test or oral board.

      Sec. 8.5. Chapter 281 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.

      Sec. 9. NRS 281.370 is hereby amended to read as follows:

      281.370  1.  All personnel actions taken by state, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof must be based solely on merit and fitness.

      2.  State, county or municipal departments, housing authorities, agencies, boards or appointing officers thereof shall not refuse to hire a person, discharge or bar any person from employment or discriminate against any person in compensation or in other terms or conditions of employment because of the person’s race, creed, color, national origin, sex, sexual orientation, gender identity or expression, age, political affiliation or disability, except when based upon a bona fide occupational qualification.

      3.  As used in this section:

      (a) “Disability” means, with respect to a person:

             (1) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

             (2) A record of such an impairment; or

             (3) Being regarded as having such an impairment.

      (b) “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

 


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      (c) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (d) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      (e) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 9.5. Chapter 284 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.

      Sec. 10. NRS 284.015 is hereby amended to read as follows:

      284.015  As used in this chapter, unless the context otherwise requires:

      1.  “Administrator” means the Administrator of the Division.

      2.  “Commission” means the Personnel Commission.

      3.  “Disability,” includes, but is not limited to, physical disability, intellectual disability and mental or emotional disorder.

      4.  “Division” means the Division of Human Resource Management of the Department of Administration.

      5.  “Essential functions” has the meaning ascribed to it in 29 C.F.R. § 1630.2.

      6.  “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      7.  “Public service” means positions providing service for any office, department, board, commission, bureau, agency or institution in the Executive Department of the State Government operating by authority of the Constitution or law, and supported in whole or in part by any public money, whether the money is received from the Government of the United States or any branch or agency thereof, or from private or any other sources.

      [7.]8.  “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      9.  “Veteran” means a person who:

      (a) Was regularly enlisted, drafted, inducted or commissioned in the:

             (1) Armed Forces of the United States and was accepted for and assigned to active duty in the Armed Forces of the United States;

             (2) National Guard or a reserve component of the Armed Forces of the United States and was accepted for and assigned to duty for a minimum of 6 continuous years; or

             (3) Commissioned Corps of the United States Public Health Service or the Commissioned Corps of the National Oceanic and Atmospheric Administration of the United States and served in the capacity of a commissioned officer while on active duty in defense of the United States; and

      (b) Was separated from such service under conditions other than dishonorable.

      [8.]10.  “Veteran with a service-connected disability” has the meaning ascribed to it in NRS 338.13843 and includes a veteran who is deemed to be a veteran with a service-connected disability pursuant to NRS 417.0187.

 


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      Sec. 10.5. Chapter 288 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.

      Sec. 11. NRS 288.150 is hereby amended to read as follows:

      288.150  1.  Except as otherwise provided in subsection [5] 6 and NRS 354.6241, every local government employer shall negotiate in good faith through one or more representatives of its own choosing concerning the mandatory subjects of bargaining set forth in subsection 2 with the designated representatives of the recognized employee organization, if any, for each appropriate bargaining unit among its employees. If either party so requests, agreements reached must be reduced to writing.

      2.  The scope of mandatory bargaining is limited to:

      (a) Salary or wage rates or other forms of direct monetary compensation.

      (b) Sick leave.

      (c) Vacation leave.

      (d) Holidays.

      (e) Other paid or nonpaid leaves of absence.

      (f) Insurance benefits.

      (g) Total hours of work required of an employee on each workday or workweek.

      (h) Total number of days’ work required of an employee in a work year.

      (i) Except as otherwise provided in subsections [7] 8 and [10,] 11, discharge and disciplinary procedures.

      (j) Recognition clause.

      (k) The method used to classify employees in the bargaining unit.

      (l) Deduction of dues for the recognized employee organization.

      (m) Protection of employees in the bargaining unit from discrimination because of participation in recognized employee organizations consistent with the provisions of this chapter.

      (n) No-strike provisions consistent with the provisions of this chapter.

      (o) Grievance and arbitration procedures for resolution of disputes relating to interpretation or application of collective bargaining agreements.

      (p) General savings clauses.

      (q) Duration of collective bargaining agreements.

      (r) Safety of the employee.

      (s) Teacher preparation time.

      (t) Materials and supplies for classrooms.

      (u) Except as otherwise provided in subsections [8] 9 and [10,] 11, the policies for the transfer and reassignment of teachers.

      (v) Procedures for reduction in workforce consistent with the provisions of this chapter.

      (w) Procedures consistent with the provisions of subsection [5] 6 for the reopening of collective bargaining agreements for additional, further, new or supplementary negotiations during periods of fiscal emergency.

      3.  Those subject matters which are not within the scope of mandatory bargaining and which are reserved to the local government employer without negotiation include:

      (a) Except as otherwise provided in paragraph (u) of subsection 2, the right to hire, direct, assign or transfer an employee, but excluding the right to assign or transfer an employee as a form of discipline.

 


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      (b) The right to reduce in force or lay off any employee because of lack of work or lack of money, subject to paragraph (v) of subsection 2.

      (c) The right to determine:

             (1) Appropriate staffing levels and work performance standards, except for safety considerations;

             (2) The content of the workday, including without limitation workload factors, except for safety considerations;

             (3) The quality and quantity of services to be offered to the public; and

             (4) The means and methods of offering those services.

      (d) Safety of the public.

      4.  The provisions of sections 7, 8 and 23 of this act are not subject to negotiations with an employee organization. Any provision of a collective bargaining agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of section 7, 8 or 23 of this act is unenforceable and void.

      5.  If the local government employer is a school district, any money appropriated by the State to carry out increases in salaries or benefits for the employees of the school district is subject to negotiations with an employee organization.

      [5.]6.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to this chapter, a local government employer is entitled to:

      (a) Reopen a collective bargaining agreement for additional, further, new or supplementary negotiations relating to compensation or monetary benefits during a period of fiscal emergency. Negotiations must begin not later than 21 days after the local government employer notifies the employee organization that a fiscal emergency exists. For the purposes of this section, a fiscal emergency shall be deemed to exist:

             (1) If the amount of revenue received by the general fund of the local government employer during the last preceding fiscal year from all sources, except any nonrecurring source, declined by 5 percent or more from the amount of revenue received by the general fund from all sources, except any nonrecurring source, during the next preceding fiscal year, as reflected in the reports of the annual audits conducted for those fiscal years for the local government employer pursuant to NRS 354.624; or

             (2) If the local government employer has budgeted an unreserved ending fund balance in its general fund for the current fiscal year in an amount equal to 4 percent or less of the actual expenditures from the general fund for the last preceding fiscal year, and the local government employer has provided a written explanation of the budgeted ending fund balance to the Department of Taxation that includes the reason for the ending fund balance and the manner in which the local government employer plans to increase the ending fund balance.

      (b) Take whatever actions may be necessary to carry out its responsibilities in situations of emergency such as a riot, military action, natural disaster or civil disorder. Those actions may include the suspension of any collective bargaining agreement for the duration of the emergency.

Ê Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

      [6.]7.  The provisions of this chapter, including without limitation the provisions of this section, recognize and declare the ultimate right and responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

 


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responsibility of the local government employer to manage its operation in the most efficient manner consistent with the best interests of all its citizens, its taxpayers and its employees.

      [7.]8.  If the sponsor of a charter school reconstitutes the governing body of a charter school pursuant to NRS 388A.330, the new governing body may terminate the employment of any teachers or other employees of the charter school, and any provision of any agreement negotiated pursuant to this chapter that provides otherwise is unenforceable and void.

      [8.]9.  The board of trustees of a school district in which a school is designated as a turnaround school pursuant to NRS 388G.400 or the principal of such a school, as applicable, may take any action authorized pursuant to NRS 388G.400, including, without limitation:

      (a) Reassigning any member of the staff of such a school; or

      (b) If the staff member of another public school consents, reassigning that member of the staff of the other public school to such a school.

      [9.]10.  Any provision of an agreement negotiated pursuant to this chapter which differs from or conflicts in any way with the provisions of subsection [8] 9 or imposes consequences on the board of trustees of a school district or the principal of a school for taking any action authorized pursuant to subsection [8] 9 is unenforceable and void.

      [10.]11.  The board of trustees of a school district or the governing body of a charter school or university school for profoundly gifted pupils may use a substantiated report of the abuse or neglect of a child or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 or an equivalent registry maintained by a governmental agency in another jurisdiction for the purposes authorized by NRS 388A.515, 388C.200, 391.033, 391.104 or 391.281, as applicable. Such purposes may include, without limitation, making a determination concerning the assignment, discipline or termination of an employee. Any provision of any agreement negotiated pursuant to this chapter which conflicts with the provisions of this subsection is unenforceable and void.

      [11.]12.  This section does not preclude, but this chapter does not require, the local government employer to negotiate subject matters enumerated in subsection 3 which are outside the scope of mandatory bargaining. The local government employer shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

      [12.]13.  Contract provisions presently existing in signed and ratified agreements as of May 15, 1975, at 12 p.m. remain negotiable.

      [13.]14.  As used in this section, “abuse or neglect of a child” has the meaning ascribed to it in NRS 392.281.

      Sec. 12. NRS 288.270 is hereby amended to read as follows:

      288.270  1.  It is a prohibited practice for a local government employer or its designated representative willfully to:

      (a) Interfere, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.

      (b) Dominate, interfere or assist in the formation or administration of any employee organization.

 


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      (c) Discriminate in regard to hiring, tenure or any term or condition of employment to encourage or discourage membership in any employee organization.

      (d) Discharge or otherwise discriminate against any employee because the employee has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter, or because the employee has formed, joined or chosen to be represented by any employee organization.

      (e) Refuse to bargain collectively in good faith with the exclusive representative as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.

      (f) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.

      (g) Fail to provide the information required by NRS 288.180.

      (h) Fail to comply with the requirements of NRS 281.755.

      2.  It is a prohibited practice for a local government employee or for an employee organization or its designated agent willfully to:

      (a) Interfere with, restrain or coerce any employee in the exercise of any right guaranteed under this chapter.

      (b) Refuse to bargain collectively in good faith with the local government employer, if it is an exclusive representative, as required in NRS 288.150. Bargaining collectively includes the entire bargaining process, including mediation and fact-finding, provided for in this chapter.

      (c) Discriminate because of race, color, religion, sex, sexual orientation, gender identity or expression, age, physical or visual handicap, national origin or because of political or personal reasons or affiliations.

      (d) Fail to provide the information required by NRS 288.180.

      3.  As used in this section:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      Sec. 13. NRS 288.500 is hereby amended to read as follows:

      288.500  1.  For the purposes of collective bargaining, supplemental bargaining and other mutual aid or protection, employees have the right to:

      (a) Organize, form, join and assist labor organizations, engage in collective bargaining and supplemental bargaining through exclusive representatives and engage in other concerted activities; and

      (b) Refrain from engaging in such activity.

      2.  Collective bargaining and supplemental bargaining entail a mutual obligation of the Executive Department and an exclusive representative to meet at reasonable times and to bargain in good faith with respect to:

      (a) The subjects of mandatory bargaining set forth in subsection 2 of NRS 288.150, except paragraph (f) of that subsection;

      (b) The negotiation of an agreement;

      (c) The resolution of any question arising under an agreement; and

      (d) The execution of a written contract incorporating the provisions of an agreement, if requested by either party.

 


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      3.  The subject matters set forth in subsection 3 of NRS 288.150 are not within the scope of mandatory bargaining and are reserved to the Executive Department without negotiation.

      4.  Notwithstanding the provisions of any collective bargaining agreement negotiated pursuant to the provisions of NRS 288.400 to 288.630, inclusive, the Executive Department is entitled to take the actions set forth in paragraph (b) of subsection [5] 6 of NRS 288.150. Any action taken under the provisions of this subsection must not be construed as a failure to negotiate in good faith.

      5.  This section does not preclude, but the provisions of NRS 288.400 to 288.630, inclusive, do not require, the Executive Department to negotiate subject matters set forth in subsection 3 which are outside the scope of mandatory bargaining. The Executive Department shall discuss subject matters outside the scope of mandatory bargaining but it is not required to negotiate those matters.

      6.  The Executive Department shall furnish to an exclusive representative data that is maintained in the ordinary course of business and which is relevant and necessary to the discussion of the subjects of mandatory bargaining described in subsection 2. This subsection shall not be construed to require the Executive Department to furnish to the exclusive representative any advice or training received by representatives of the Executive Department concerning collective bargaining.

      7.  To the greatest extent practicable, any decision issued by the Board before October 1, 2019, relating to the interpretation of, or the performance under, the provisions of NRS 288.150 shall be deemed to apply to any complaint arising out of the interpretation of, or performance under, the provisions of this section.

      Sec. 13.5. Chapter 338 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding the protections in this chapter for hair texture and protective hairstyles, an employer may enforce health and safety requirements set forth in federal or state law.

      Sec. 14. NRS 338.125 is hereby amended to read as follows:

      338.125  1.  It is unlawful for any contractor in connection with the performance of work under a contract with a public body, when payment of the contract price, or any part of such payment, is to be made from public money, to refuse to employ or to discharge from employment any person because of his or her race, color, creed, national origin, sex, sexual orientation, gender identity or expression, or age, or to discriminate against a person with respect to hire, tenure, advancement, compensation or other terms, conditions or privileges of employment because of his or her race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age.

      2.  Contracts between contractors and public bodies must contain the following contractual provisions:

 

       In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, or age, including, without limitation, with regard to employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.

 


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demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including, without limitation, apprenticeship.

       The contractor further agrees to insert this provision in all subcontracts hereunder, except subcontracts for standard commercial supplies or raw materials.

 

      3.  Any violation of such provision by a contractor constitutes a material breach of contract.

      4.  As used in this section:

      (a) “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      (b) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (c) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      (d) “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 15. NRS 386.845 is hereby amended to read as follows:

      386.845  1.  A board of trustees of a school district may:

      (a) Authorize for commercial advertising the use of buses owned by the school district; and

      (b) Establish the fees and other terms and conditions which are applicable to such advertising.

      2.  Any advertising authorized pursuant to subsection 1:

      (a) Must conform with all applicable local ordinances regarding signs; and

      (b) Must not:

             (1) Promote hostility, disorder or violence;

             (2) Attack groups on the basis of their ethnicity, race, religion, sexual orientation, or gender identity or expression;

             (3) Invade the rights of others;

             (4) Inhibit the functioning of the school;

             (5) Override the school’s identity;

             (6) Promote the use of controlled substances, dangerous drugs, intoxicating liquor, tobacco or firearms;

             (7) Promote any religious organization;

             (8) Contain political advertising; or

             (9) Promote entertainment deemed improper or inappropriate by the board of trustees.

      3.  The board of trustees of each school district that receives money pursuant to subsection 1 shall establish a special revenue fund and direct that the money it receives pursuant to subsection 1 be deposited in that fund. Money in the fund must not be commingled with money from other sources. The board of trustees shall disburse the money in the fund to the schools within its district giving preference to the schools within the district that the district has classified as serving a significant proportion of pupils who are economically disadvantaged.

      4.  A school that receives money pursuant to subsection 3 shall expend the money only to purchase textbooks and laboratory equipment and to pay for field trips.

 


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      5.  As used in this section:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      Sec. 16. NRS 386.855 is hereby amended to read as follows:

      386.855  1.  The board of trustees of a school district may, in consultation with the schools within the district, parents and legal guardians of pupils who are enrolled in the district, and associations and organizations representing licensed educational personnel within the district, establish a policy that requires pupils to wear school uniforms.

      2.  The policy must:

      (a) Describe the uniforms;

      (b) Designate which pupils must wear the uniforms;

      (c) Designate the hours or events during which the uniforms must be worn; and

      (d) To the extent practicable, be consistent with the policy adopted pursuant to NRS 392.453.

      3.  If the board of trustees of a school district establishes a policy that requires pupils to wear school uniforms, the board shall facilitate the acquisition of school uniforms for pupils whose parents or legal guardians request financial assistance to purchase the uniforms.

      4.  The board of trustees of a school district may establish a dress code enforceable during school hours for the teachers and other personnel employed by the board of trustees.

      5.  A dress code or a policy that requires pupils to wear school uniforms may not discriminate against a pupil based on race. Race discrimination prohibited by this subsection includes, without limitation, the enforcement of a dress code or policy that requires school uniforms whereby a pupil’s hair texture, hairstyle, including, without limitation, a protective hairstyle, or other trait associated with race violates the dress code or the policy.

      6.  As used in this section:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      Sec. 17. Chapter 388 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 and 19 of this act.

      Sec. 18. “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      Sec. 19. “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      Sec. 20. NRS 388.121 is hereby amended to read as follows:

      388.121  As used in NRS 388.121 to 388.1395, inclusive, and sections 18 and 19 of this act, unless the context otherwise requires, the words and terms defined in NRS 388.1215 to 388.127, inclusive, and sections 18 and 19 of this act have the meanings ascribed to them in those sections.

 


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      Sec. 21. NRS 388A.453 is hereby amended to read as follows:

      388A.453  1.  An application for enrollment in a charter school may be submitted annually to the governing body of the charter school by the parent or legal guardian of any child who resides in this State.

      2.  Except as otherwise provided in subsections 1 to 5, inclusive, NRS 388A.336, subsections 1 and 2 of NRS 388A.456, and any applicable federal law, including, without limitation, 42 U.S.C. §§ 11301 et seq., a charter school shall enroll pupils who are eligible for enrollment in the order in which the applications are received.

      3.  If the board of trustees of the school district in which the charter school is located has established zones of attendance pursuant to NRS 388.040, the charter school shall, if practicable, ensure that the racial composition of pupils enrolled in the charter school does not differ by more than 10 percent from the racial composition of pupils who attend public schools in the zone in which the charter school is located.

      4.  If a charter school is sponsored by the board of trustees of a school district located in a county whose population is 100,000 or more, except for a program of distance education provided by the charter school, the charter school shall enroll pupils who are eligible for enrollment who reside in the school district in which the charter school is located before enrolling pupils who reside outside the school district.

      5.  Except as otherwise provided in subsections 1 and 2 of NRS 388A.456, if more pupils who are eligible for enrollment apply for enrollment in the charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to subsections 1 to 4, inclusive, on the basis of a lottery system.

      6.  Except as otherwise provided in subsection 8, a charter school shall not accept applications for enrollment in the charter school or otherwise discriminate based on the:

      (a) Race;

      (b) Gender;

      (c) Religion;

      (d) Ethnicity;

      (e) Disability;

      (f) Sexual orientation; or

      (g) Gender identity or expression,

Ê of a pupil.

      7.  A lottery held pursuant to subsection 5 must be held not sooner than 45 days after the date on which a charter school begins accepting applications for enrollment unless the sponsor of the charter school determines there is good cause to hold it sooner.

      8.  This section does not preclude the formation of a charter school that is dedicated to provide educational services exclusively to pupils:

      (a) With disabilities;

      (b) Who pose such severe disciplinary problems that they warrant a specific educational program, including, without limitation, a charter school specifically designed to serve a single gender that emphasizes personal responsibility and rehabilitation; or

      (c) Who are at risk or, for a charter school that is eligible to be rated using the alternative performance framework pursuant to subsection 4 of NRS 385A.740, who are described in subparagraphs (1) to (6), inclusive, of paragraph (a) of subsection 3 of NRS 385A.740.

 


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Ê If more eligible pupils apply for enrollment in such a charter school than the number of spaces which are available, the charter school shall determine which applicants to enroll pursuant to this subsection on the basis of a lottery system.

      9.  As used in this section:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      Sec. 22. NRS 388C.010 is hereby amended to read as follows:

      388C.010  1.  The Legislature declares that the primary consideration of the Legislature when enacting legislation regarding the appropriate instruction of profoundly gifted pupils in Nevada is to pursue all suitable means for the promotion of intellectual, literary and scientific improvements to the system of public instruction in a manner that will best serve the interests of all pupils, including profoundly gifted pupils.

      2.  The Legislature further declares that there are pupils enrolled in the public middle schools, junior high schools and high schools in this State who are so profoundly gifted that their educational needs are not being met by the schools in which they are enrolled, and by participating in an accelerated program of education, these pupils may obtain early admission to university studies. These accelerated programs should be designed to address the different and distinct learning styles and needs of these profoundly gifted pupils.

      3.  It is the intent of the Legislature that participation in such accelerated programs of education for profoundly gifted pupils be open to all qualified applicants, regardless of race, culture, ethnicity, economic means, sexual orientation, or gender identity or expression, and that specific criteria for admission into those programs be designed to determine the potential for success of an applicant.

      4.  It is further the intent of the Legislature to support and encourage the ongoing development of innovative educational programs and tools to improve the educational opportunities of profoundly gifted pupils, regardless of race, culture, ethnicity, economic means, sexual orientation, or gender identity or expression and to increase the educational opportunities of pupils who are identified as profoundly gifted, gifted and talented, having special educational needs or being at risk for underachievement.

      5.  As used in this section:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      Sec. 23. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 4, notwithstanding the provisions of any collective bargaining agreement to the contrary, if the superintendent of schools or the board of trustees of a school district includes testing as a factor in a decision regarding the vertical promotion of an employee:

      (a) The testing must be conducted by a third party which is independent from the superintendent or the board of trustees, as applicable.

 


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      (b) A third party which conducts a test must send to each employee who takes the test a confidential electronic mail message which contains the employee’s test score. The third party must send an employee’s test score to the employee and the superintendent or the board of trustees at the same time.

      (c) The superintendent or the board of trustees, as applicable, shall not produce a list of the employees who took the test, ranked in order of their test scores, until after the third party which conducted the test has sent each employee his or her test score pursuant to paragraph (b).

      (d) An employee who is aggrieved by his or her test score may appeal the testing process.

      2.  During the appeal process authorized by paragraph (d) of subsection 1:

      (a) The employee who appeals the testing process is entitled to see:

             (1) How his or her test was graded; and

             (2) The questions which the employee answered incorrectly.

      (b) The superintendent or the board of trustees, as applicable, shall ensure that the employee was ranked properly based on the employee’s test score.

      3.  A person who tampers with the score of a test taken by an employee is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      4.  The provisions of this section do not apply to a district or school department that has less than 200 employees.

      5.  As used in this section, “test” and “testing” includes, without limitation, a written test, oral board or any other form or format of test of knowledge, skills, achievement or aptitude.

      Sec. 24. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A pupil enrolled in a public school may not be disciplined, including, without limitation, pursuant to subsection 5 of NRS 386.855 or NRS 392.466 or 392.467, based on the race of the pupil.

      2.  As used in this section:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      Sec. 25. NRS 396.530 is hereby amended to read as follows:

      396.530  1.  The Board of Regents shall not discriminate in the admission of students on account of national origin, religion, age, physical disability, sex, sexual orientation, gender identity or expression, race or color.

      2.  As used in this section:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      Sec. 26.  1.  This section and sections 1 to 6, inclusive, 8.5 to 22, inclusive, 24 and 25 of this act become effective upon passage and approval.

      2.  Sections 7, 8 and 23 of this act become effective on October 1, 2021.

________

 


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ê2021 Statutes of Nevada, Page 1719ê

 

CHAPTER 297, SB 332

Senate Bill No. 332–Senator Scheible

 

CHAPTER 297

 

[Approved: June 2, 2021]

 

AN ACT relating to structured settlements; requiring structured settlement purchase companies to register with the Consumer Affairs Division of the Department of Business and Industry; prohibiting certain activities by structured settlement purchase companies and their employees and representatives; setting forth procedures and requirements concerning the transfer of structured settlement payment rights; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Structured settlements are arrangements in which periodic payments are made to a person who, because of a settlement or a judgment of a court, is entitled to receive payments for damages from a tort claim or workers’ compensation claim. Such a person, known as a payee, may transfer the right to receive some or all of those periodic payments to another person, known as a structured settlement purchase company, in exchange for consideration such as a lump-sum payment. Existing law requires such transfers to be approved by a court and sets forth certain requirements relating to such transfers. (NRS 42.030) This bill replaces the existing requirements concerning such transfers with new requirements.

      Sections 4-28 of this bill define necessary terms for the regulation of structured settlement purchase companies and their activities, including, without limitation, “payee,” “structured settlement purchase company” and “transfer.”

      Section 29 of this bill: (1) requires structured settlement purchase companies to register with the Consumer Affairs Division of the Department of Business and Industry; and (2) sets forth requirements concerning registration, such as obtaining a surety bond, letter of credit or cash bond in the amount of $50,000. Sections 30 and 31 of this bill set forth further requirements concerning registration, section 33 of this bill sets forth further requirements concerning surety bonds obtained for registration and section 34 of this bill provides that certain persons are not required to register.

      Section 35 of this bill: (1) prohibits structured settlement purchase companies and their employees and representatives from engaging in various specified actions; and (2) provides a private right of action to payees and other structured settlement purchase companies to pursue and obtain damages and other remedies from a person who engages in prohibited activities. Section 32 of this bill requires a structured settlement purchase company to notify the Division and, if applicable, the surety which issued the applicable surety bond, if a judgment is obtained against the structured settlement purchase company.

      Section 37 of this bill requires a structured settlement purchase company to provide to a payee an extensive disclosure statement before a transfer may occur.

      Sections 36, 38 and 40 of this bill set forth requirements concerning: (1) the filings a structured settlement purchase company must make with a court before a transfer may occur; (2) the findings a court must make before a transfer may occur; and (3) procedures to be followed in obtaining court approval of a transfer, including, without limitation, notice requirements.

      Section 39 of this bill describes the rights of various interested parties after the transfer of structured settlement payment rights, section 41 of this bill sets forth various protections for payees and sections 41 and 43 of this bill provide that the provisions of this bill apply only to transfer agreements entered into on or after October 1, 2021.

      Section 44 of this bill repeals the existing statute which is being replaced by the provisions of this bill, and section 42 of this bill makes a conforming change to delete a reference to the repealed statute and add a new reference to the appropriate section in this bill.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 42 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 41, inclusive, of this act.

      Sec. 2. Sections 2 to 41, inclusive, of this act, may be known and cited as the Structured Settlement Protection Act.

      Sec. 3. As used in sections 2 to 41, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 28, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Annuity issuer” means an insurer that has issued a contract to fund periodic payments under a structured settlement.

      Sec. 5. “Assignee” means a person acquiring or proposing to acquire structured settlement payments from a structured settlement purchase company or transferee after, or concurrently with, the transfer of the structured settlement payment rights by the payee to the structured settlement purchase company or transferee.

      Sec. 6. “Dependents” include a payee’s spouse and minor children and all other persons for whom the payee is legally obligated to provide support, including, without limitation, alimony.

      Sec. 7. “Discounted present value” means the present value of future payments determined by discounting such payments to the present using the most recently published Applicable Federal Rate for determining the present value of an annuity, as issued by the Internal Revenue Service.

      Sec. 7.5. “Division” means the Consumer Affairs Division of the Department of Business and Industry.

      Sec. 8. “Gross advance amount” means the sum payable to the payee or for the payee’s account as consideration for a transfer of structured settlement payment rights, before any reductions for transfer expenses or other deductions to be made from such consideration.

      Sec. 9. “Independent professional advice” means advice of an attorney, certified public accountant, actuary or other licensed professional adviser.

      Sec. 10. “Interested party” means, with respect to any structured settlement, the payee, any beneficiary irrevocably designated under the annuity contract to receive payments following the payee’s death, the annuity issuer, the structured settlement obligor and any other party to the structured settlement that has continuing rights or obligations to receive or make payments under the structured settlement.

      Sec. 11. “Net advance amount” means the gross advance amount, less the aggregate amount of the actual and estimated transfer expenses required to be disclosed under section 37 of this act.

      Sec. 12. “Payee” means a natural person who:

      1.  Is receiving tax-free payments under a structured settlement which resolved a settled claim; and

      2.  Proposes to make a transfer of the structured settlement payment rights.

      Sec. 13. “Periodic payments” includes both recurring payments and scheduled future lump-sum payments.

 


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      Sec. 14. “Qualified assignment agreement” means an agreement providing for a qualified assignment within the meaning of section 130 of the Internal Revenue Code, 26 U.S.C. § 130.

      Sec. 15. “Renewal date” means the date on which a registered structured settlement purchase company is required to renew its registration pursuant to section 29 of this act, which date is 1 year after the initial registration or any subsequent renewal.

      Sec. 16. “Settled claim” means the tort claim resolved by a structured settlement.

      Sec. 17. “Structured settlement” means an arrangement for periodic payment of damages for personal injuries or sickness established by settlement or judgment in resolution of a tort claim.

      Sec. 18. “Structured settlement agreement” means the agreement, judgment, stipulation or release embodying the terms of a structured settlement.

      Sec. 19. “Structured settlement obligor” means, with respect to any structured settlement, the party that has the continuing obligation to make periodic payments to the payee under a structured settlement agreement or qualified assignment agreement.

      Sec. 20. “Structured settlement payment rights” means rights to receive periodic payments under a structured settlement, whether from the structured settlement obligor or the annuity issuer, where the payee is domiciled in this State or the structured settlement agreement was approved by a court in this State.

      Sec. 21. “Structured settlement purchase company” means a person that acts as a transferee in this State and who is registered with the Division pursuant to section 29 of this act.

      Sec. 22. “Structured settlement transfer proceeding” means a court proceeding filed by a structured settlement purchase company seeking court approval of a transfer in accordance with section 38 of this act.

      Sec. 23. “Terms of the structured settlement,” with respect to any structured settlement, includes, without limitation, the terms of the structured settlement agreement, the annuity contract, any qualified assignment agreement and any order or other approval of any court.

      Sec. 24. “Transfer” means any sale, assignment, pledge, hypothecation or other alienation or encumbrance of structured settlement payment rights made by a payee for consideration. The term does not include the creation or perfection of a security interest in structured settlement payment rights under a blanket security agreement entered into with an insured depository institution, in the absence of any action to redirect the structured settlement payments to the insured depository institution, or an agent or successor in interest thereof, or otherwise to enforce a blanket security interest against the structured settlement payment rights.

      Sec. 25. “Transfer agreement” means the agreement providing for a transfer of structured settlement payment rights.

      Sec. 26. “Transfer expense” means all expenses of a transfer that are required under the transfer agreement to be paid by the payee or deducted from the gross advance amount, including, without limitation, court filing fees, attorney’s fees, escrow fees, lien recordation fees, judgment and lien search fees, finders’ fees, commissions and other payments to a broker or other intermediary.

 


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other intermediary. The term does not include preexisting obligations of the payee payable for the payee’s account from the proceeds of the transfer.

      Sec. 27. “Transfer order” means an order approving a transfer in accordance with section 38 of this act.

      Sec. 28. “Transferee” means a party acquiring or proposing to acquire structured settlement payment rights through a transfer.

      Sec. 29. 1.  A person shall not act as a transferee, attempt to acquire structured settlement payment rights through a transfer from a payee who resides in this State or file a structured settlement transfer proceeding in this State unless the person is registered with the Division to do business in this State as a structured settlement purchase company.

      2.  A person may apply pursuant to this section with the Division for a registration to do business in this State as a structured settlement purchase company. An application for an initial or renewed registration must be submitted on a form prescribed by the Division. An initial or renewed registration expires 1 year after it is issued and may be renewed by the registrant on or before the renewal date for additional 1-year periods.

      3.  The application must contain a sworn certification by an owner, officer, director or manager of the applicant, if the applicant is not a natural person, or by the applicant if the applicant is a natural person, certifying that:

      (a) The applicant has secured a surety bond, has been issued a letter of credit or has posted a cash bond in the amount of $50,000 which relates to its business as a structured settlement purchase company in this State;

      (b) The surety bond, letter of credit or cash bond:

             (1) Is intended to protect payees who do business with the applicant when the applicant is acting as a structured settlement purchase company; and

             (2) Complies with all applicable provisions of sections 2 to 41, inclusive, of this act; and

      (c) The applicant will comply with all of the provisions of sections 2 to 41, inclusive, of this act when acting as a structured settlement purchase company and filing structured settlement transfer proceedings in this State.

      4.  The applicant must submit to the Division with each initial and renewal application a copy of the surety bond, letter of credit or cash bond obtained by the applicant for the purposes of subsection 3.

      5.  A surety bond obtained for the purposes of subsection 3 must be payable to the State of Nevada.

      6.  A surety bond, letter of credit or cash bond obtained for the purposes of subsection 3 must be effective concurrently with the registration of the applicant and must remain in effect for not less than 3 years after the expiration or termination of the registration. The surety bond, letter of credit or cash bond must be renewed each year as needed to keep it continuously in effect when the registration of the applicant is renewed unless the applicant obtains alternative security described in paragraph (a) of subsection 3 which complies with all applicable provisions of sections 2 to 41, inclusive, of this act.

      7.  A surety bond, letter of credit or cash bond obtained for the purposes of subsection 3 must:

 


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      (a) Ensure that the structured settlement purchase company:

             (1) Complies with the provisions of sections 2 to 41, inclusive, of this act which relate to a payee; and

             (2) Performs its obligations to a payee pursuant sections 2 to 41, inclusive, of this act; and

      (b) Provide a source for recovery for a payee if the payee obtains a judgment against the structured settlement purchase company for a violation of sections 2 to 41, inclusive, of this act.

      Sec. 30. 1.  In addition to any other requirements set forth in sections 2 to 41, inclusive, of this act, a natural person who applies for the issuance or renewal of a registration as a structured settlement purchase company shall:

      (a) Include the social security number of the applicant in the application submitted to the Division.

      (b) Submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Division shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance or renewal of the registration; or

      (b) A separate form prescribed by the Division.

      3.  A registration may not be issued or renewed by the Division if the applicant:

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

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

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      Sec. 31. 1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is registered as a structured settlement purchase company, the Division shall deem the registration issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the registration has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

 


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ê2021 Statutes of Nevada, Page 1724 (CHAPTER 297, SB 332)ê

 

issued to the holder of the registration by the district attorney or other public agency pursuant to NRS 425.550 stating that the person whose registration was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 32. Not later than 10 days after a judgment is obtained against a structured settlement purchase company by a payee, the structured settlement purchase company shall file a notice with the Division and, if applicable, the surety which issued the surety bond used by the structured settlement purchase company to satisfy the requirements of section 29 of this act. The notice must contain:

      1.  A copy of the judgment;

      2.  The name and address of the judgment creditor; and

      3.  The status of the matter, including, without limitation, whether the judgment will be appealed or has been paid or satisfied.

      Sec. 33. 1.  The liability of the surety which issued a surety bond used by a structured settlement purchase company to satisfy the requirements of section 29 of this act must not be affected by any:

      (a) Breach of contract, breach of warranty, failure to pay a premium or other act or omission of the structured settlement purchase company; or

      (b) Insolvency or bankruptcy of the structured settlement purchase company.

      2.  A surety which issued a surety bond used by a structured settlement purchase company to satisfy the requirements of section 29 of this act and the structured settlement purchase company which obtained the surety bond shall not cancel or modify the surety bond during the term for which it is issued unless the surety or the structured settlement purchase company provides written notice to the Division at least 20 days before the effective date of the cancellation or modification.

      3.  If a surety bond used by a structured settlement purchase company to satisfy the requirements of section 29 of this act is modified so as to make the surety bond not comply with any provision of sections 2 to 41, inclusive, of this act, or the surety bond is cancelled, the registration of the structured settlement purchase company automatically expires on the effective date of the modification or cancellation unless a new surety bond, letter of credit or cash bond which complies with sections 2 to 41, inclusive, of this act is filed with the Division on or before the effective date of the modification or cancellation.

      4.  A modification or cancellation of a surety bond used by a structured settlement purchase company to satisfy the requirements of section 29 of this act does not affect any liability of the bonded surety company incurred before the modification or cancellation of the surety bond.

      Sec. 34. 1.  An assignee is not required to register as a structured settlement purchase company to acquire structured settlement payment rights or to take a security interest in structured settlement payment rights that were transferred by the payee to a structured settlement purchase company.

      2.  An employee of a structured settlement purchase company, if acting on behalf of the structured settlement purchase company in connection with a transfer, is not required to be registered.

 


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      Sec. 35. 1.  A transferee, a structured settlement purchase company and an employee or other representative of a transferee or structured settlement purchase company shall not engage in any of the following actions:

      (a) Pursue or complete a transfer with a payee without complying with all applicable provisions of sections 2 to 41, inclusive, of this act.

      (b) Refuse or fail to fund a transfer after court approval of the transfer.

      (c) Acquire structured settlement payment rights from a payee without complying with all applicable provisions of sections 2 to 41, inclusive, of this act, including, without limitation, obtaining court approval of the transfer in accordance with sections 2 to 41, inclusive, of this act.

      (d) Intentionally file a structured settlement transfer proceeding in any court other than the court specified in section 40 of this act, unless the transferee is required to file in a different court by applicable law.

      (e) Except as otherwise provided in this paragraph, pay a commission or finder’s fee to any person for facilitating or arranging a structured settlement transfer with a payee. The provisions of this paragraph do not prevent a structured settlement purchase company from paying:

             (1) A commission or finder’s fee to a person who is a structured settlement purchase company or is an employee of a structured settlement purchase company;

             (2) To third parties any routine transfer expenses, including, without limitation, court filing fees, escrow fees, lien recordation fees, judgment and lien search fees, attorney’s fees and other similar types of fees relating to a transfer; and

             (3) A reasonable referral fee to an attorney, certified public accountant, actuary, licensed insurance agent or other licensed professional adviser in connection with a transfer.

      (f) Intentionally advertise materially false or misleading information regarding the products or services of the transferee or structured settlement purchase company.

      (g) Attempt to coerce, bribe or intimidate a payee seeking to transfer structured settlement payment rights.

      (h) Attempt to defraud a payee or any party to a structured settlement transfer or any interested party in a structured settlement transfer proceeding by means of forgery or false identification.

      (i) Except as otherwise provided in this paragraph, intervene in a pending structured settlement transfer proceeding if the transferee or structured settlement purchase company is not a party to the proceeding or an interested party relative to the proposed transfer which is the subject of the pending structured settlement transfer proceeding. The provisions of this paragraph do not prevent a structured settlement purchase company from intervening in a pending structured settlement transfer proceeding if the payee has signed a transfer agreement with the structured settlement purchase company within 60 days before the filing of the pending structured settlement transfer proceeding and the structured settlement purchase company which filed the pending structured settlement transfer proceeding violated any provision of sections 2 to 41, inclusive, of this act in connection with the proposed transfer that is the subject of the pending structured settlement transfer proceeding.

 


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ê2021 Statutes of Nevada, Page 1726 (CHAPTER 297, SB 332)ê

 

      (j) Except as otherwise provided in this paragraph, knowingly contact a payee who has signed a transfer agreement and is pursuing a proposed transfer with another structured settlement purchase company for the purpose of inducing the payee into cancelling the proposed transfer or transfer agreement with the other structured settlement purchase company if a structured settlement transfer proceeding has been filed by the other structured settlement purchase company and is pending. The provisions of this paragraph do not apply if no hearing has been held in the pending structured settlement transfer proceeding within 90 days after the filing of the pending structured settlement transfer proceeding.

      (k) Fail to dismiss a pending structured settlement transfer proceeding at the request of the payee. A dismissal of a structured settlement proceeding after a structured settlement purchase company has violated the provisions of this paragraph does not exempt the structured settlement purchase company from any liability under this paragraph.

      2.  A payee may pursue a private action as a result of a violation of subsection 1 and may recover all damages and pursue all rights and remedies to which the payee may be entitled pursuant to sections 2 to 41, inclusive, of this act or any other applicable law.

      3.  A structured settlement purchase company may pursue a private action to enforce paragraphs (d), (g), (i), (j) and (k) of subsection 1 and may recover all damages and pursue all remedies to which the structured settlement purchase company may be entitled pursuant to sections 2 to 41, inclusive, of this act or any other applicable law.

      4.  If a court determines that a structured settlement purchase company or transferee is in violation of subsection 1, the court may:

      (a) Revoke the registration of the structured settlement purchase company;

      (b) Suspend the registration of the structured settlement purchase company for a period to be determined at the discretion of the court; and

      (c) Enjoin the structured settlement purchase company or transferee from filing new structured settlement transfer proceedings in this State or otherwise pursuing transfers in this State.

      Sec. 36. 1.  At the time an application is made under sections 2 to 41, inclusive, of this act for the approval of a transfer of structured settlement payment rights, the application of the transferee must include evidence that the transferee is registered to do business in this State as a structured settlement purchase company.

      2.  Except as otherwise provided in this subsection, a transfer order signed by a district court of competent jurisdiction pursuant to sections 2 to 41, inclusive, of this act constitutes a qualified order under 26 U.S.C. § 5891. If a transferee to which the transfer order applies is not registered as a structured settlement purchase company pursuant to sections 2 to 41, inclusive, of this act at the time the transfer order is signed, the transfer order does not constitute a qualified order under 26 U.S.C. § 5891.

      Sec. 37. Not less than 3 days before the date on which a payee signs a transfer agreement, the transferee shall provide to the payee a separate disclosure statement, in bold type no smaller than 14-point font, setting forth the following:

      1.  The amounts and due dates of the structured settlement payments to be transferred.

      2.  The aggregate amount of such payments.

 


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      3.  The discounted present value of the payments to be transferred, which must be identified as the “calculation of current value of the transferred structured settlement payments under federal standards for valuing annuities,” and the amount of the Applicable Federal Rate used in calculating such discounted present value.

      4.  The gross advance amount.

      5.  An itemized listing of all applicable transfer expenses, other than attorney’s fees and related disbursements, payable in connection with the transferee’s application for approval of the transfer, and the transferee’s best estimate of the amount of any such attorney’s fees and related disbursements.

      6.  The effective annual interest rate, which must be disclosed in a statement in the following form:

 

On the basis of the net amount that you will receive from us and the amounts and timing of the structured settlement payments that you are transferring to us, you will, in effect be paying interest to us at a rate of ___ percent per year.

 

      7.  The net advance amount.

      8.  The amount of any penalties or liquidated damages payable by the payee in the event of any breach of the transfer agreement by the payee.

      9.  That the payee has the right to cancel the transfer agreement, without penalty or further obligation, until the transfer is approved by the court.

      10.  That the payee has the right to seek and receive independent professional advice regarding the proposed transfer and should consider doing so before agreeing to transfer any structured settlement payment rights.

      11.  That the payee has the right to seek out and consider additional offers for transferring the structured settlement payment rights and should do so.

      Sec. 38. A direct or indirect transfer of structured settlement payment rights is not effective, and a structured settlement obligor or annuity issuer is not required to make any payment directly or indirectly to any transferee or assignee of structured settlement payment rights, unless the transfer has been approved in advance in a final court order based on express findings by the court that all of the following apply:

      1.  The transfer is in the best interest of the payee, taking into account the welfare and support of the payee’s dependents, if any;

      2.  The payee has been advised in writing by the transferee to seek independent professional advice regarding the transfer and has either received such advice or knowingly waived in writing the opportunity to seek and receive such advice; and

      3.  The transfer does not contravene any applicable statute or any applicable order of any court or other governmental authority.

      Sec. 39.  Following a transfer of structured settlement payment rights:

      1.  The structured settlement obligor and the annuity issuer may rely on the transfer order in redirecting periodic payments to an assignee or transferee in accordance with the transfer order and is, as to all parties except the transferee or an assignee designated by the transferee, discharged and released from any and all liability for the redirected payments.

 


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ê2021 Statutes of Nevada, Page 1728 (CHAPTER 297, SB 332)ê

 

discharged and released from any and all liability for the redirected payments. The discharge and release is not affected by the failure of any party to the transfer to comply with sections 2 to 41, inclusive, of this act or with the transfer order.

      2.  The transferee is liable to the structured settlement obligor and the annuity issuer:

      (a) If the transfer contravenes the terms of the structured settlement, for any taxes incurred by the structured settlement obligor or annuity issuer as a consequence of the transfer; and

      (b) For any other liabilities or costs, including reasonable costs and attorney’s fees, arising from:

             (1) Compliance by the structured settlement obligor or annuity issuer with the transfer order; or

             (2) The failure of any party to the transfer to comply with sections 2 to 41, inclusive, of this act.

      3.  The structured settlement obligor and the annuity issuer are not required to divide any periodic payment between the payee and any transferee or assignee or between two or more transferees or assignees.

      4.  Any further transfer of structured settlement payment rights by the payee may be made only after compliance with all of the requirements of sections 2 to 41, inclusive, of this act.

      Sec. 40. 1.  An application under sections 2 to 41, inclusive, of this act for approval of a transfer of structured settlement payment rights must be made by the transferee. The application must be brought in the district court of the county in which the payee is domiciled, except that if the payee is not domiciled in this State, the application must be brought in the court in this State that approved the structured settlement agreement.

      2.  A timely hearing must be held on an application for approval of a transfer of structured settlement payment rights. The payee must appear in person at the hearing, unless the court determines that good cause exists to excuse the payee from appearing in person.

      3.  Not less than 20 days before the scheduled hearing on any application for approval of a transfer of structured settlement payment rights pursuant to sections 2 to 41, inclusive, of this act, the transferee shall file with the court and serve on all interested parties a notice of the proposed transfer and the application for authorization. The notice and application must include all of the following:

      (a) A copy of the transferee’s application.

      (b) A copy of the transfer agreement.

      (c) A copy of the disclosure statement required by section 37 of this act.

      (d) The payee’s name, age and county of domicile, and the age of each of the payee’s dependents, if any.

      (e) A summary of:

             (1) All prior transfers by the payee to the transferee or an affiliate of the transferee, or through the transferee or an affiliate of the transferee to an assignee, within the 4 years immediately preceding the date of the transfer agreement;

             (2) All proposed transfers by the payee to the transferee or an affiliate of the transferee, or through the transferee or an affiliate of the transferee, the applications for approval of which were denied within the 2 years immediately preceding the date of the transfer agreement;

 


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ê2021 Statutes of Nevada, Page 1729 (CHAPTER 297, SB 332)ê

 

             (3) All prior transfers by the payee to any person or entity other than the transferee or an affiliate of the transferee or an assignee of the transferee or an affiliate of the transferee within the 3 years immediately preceding the date of the transfer agreement, to the extent that the transfers or proposed transfers have been disclosed to the transferee by the payee in writing or otherwise are actually known to the transferee; and

             (4) All prior proposed transfers by the payee to any person or entity other than the transferee or an affiliate of the transferee or an assignee of a transferee or affiliate of the transferee, the applications for approval of which were denied within the 1 year immediately preceding the date of the current transfer agreement, to the extent that the transfers or proposed transfers have been disclosed to the transferee by the payee in writing or otherwise are actually known to the transferee.

      (f) Notification that any interested party is entitled to support, oppose or otherwise respond to the transferee’s application, either in person or by counsel, by submitting written comments to the court or by participating in the hearing.

      (g) Notification of the time and place of the hearing and notification of the manner in which and the date by which written responses to the application must be filed to be considered by the court, which date must not be less than 5 days before the hearing.

      (h) Evidence of the transferee’s registration to do business in this State as a structured settlement purchase company.

      Sec. 41. 1.  The provisions of sections 2 to 41, inclusive, of this act may not be waived by a payee.

      2.  Any transfer agreement entered into by a payee who is domiciled in this State must provide that disputes under the transfer agreement, including, without limitation, any claims that the payee has breached the agreement, must be determined in and under the laws of this State. A transfer agreement must not authorize the transferee or any other party to confess judgment or consent to entry of judgment against the payee.

      3.  A transfer of structured settlement payment rights must not extend to any payments that are life-contingent unless, before the date on which the payee signs the transfer agreement, the transferee has established and has agreed to maintain procedures reasonably satisfactory to the structured settlement obligor and the annuity issuer for periodically confirming the payee’s survival and giving the structured settlement obligor and the annuity issuer prompt written notice in the event of the payee’s death.

      4.  If the payee cancels a transfer agreement, or if the transfer agreement otherwise terminates, after an application for approval of a transfer of structured settlement payment rights has been filed and before it has been granted or denied, the transferee must promptly request the dismissal of the application.

      5.  A payee who proposes to make a transfer of structured settlement payment rights does not incur any penalty, forfeit any application fee or other payment or otherwise incur any liability to the proposed transferee or any assignee based on any failure of the transfer to satisfy the conditions of sections 2 to 41, inclusive, of this act.

      6.  Nothing contained in sections 2 to 41, inclusive, of this act shall:

 


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ê2021 Statutes of Nevada, Page 1730 (CHAPTER 297, SB 332)ê

 

      (a) Be construed to authorize any transfer of structured settlement payment rights in contravention of any applicable law or to imply that any transfer under a transfer agreement entered into before October 1, 2021, is valid or invalid.

      (b) Affect the validity of any transfer of structured settlement payment rights, whether under a transfer agreement entered into before or after October 1, 2021, in which the structured settlement obligor and annuity issuer waived, or have not asserted their rights under, terms of the structured settlement prohibiting or restricting the sale, assignment or encumbrance of the structured settlement payment rights.

      7.  Compliance with the requirements set forth in sections 2 to 41, inclusive, of this act and fulfillment of the conditions set forth in sections 2 to 41, inclusive, of this act are solely the responsibility of the transferee in any transfer of structured settlement payment rights, and neither the structured settlement obligor nor the annuity issuer, if any, has any responsibility for, or any liability arising from, noncompliance with such requirements or failure to fulfill such conditions.

      8.  Sections 2 to 41, inclusive, of this act apply to any transfer of structured settlement payment rights under a transfer agreement entered into on or after October 1, 2021.

      Sec. 42. NRS 104.9406 is hereby amended to read as follows:

      104.9406  1.  Subject to subsections 2 to 8, inclusive, an account debtor on an account, chattel paper or a payment intangible may discharge its obligation by paying the assignor until, but not after, the account debtor receives a notification, authenticated by the assignor or the assignee, that the amount due or to become due has been assigned and that payment is to be made to the assignee. After receipt of the notification, the account debtor may discharge its obligation by paying the assignee and may not discharge the obligation by paying the assignor.

      2.  Subject to subsection 8, notification is ineffective under subsection 1:

      (a) If it does not reasonably identify the rights assigned;

      (b) To the extent that an agreement between an account debtor and a seller of a payment intangible limits the account debtor’s duty to pay a person other than the seller and the limitation is effective under law other than this article; or

      (c) At the option of an account debtor, if the notification notifies the account debtor to make less than the full amount of any installment or other periodic payment to the assignee, even if:

             (1) Only a portion of the account, chattel paper or payment intangible has been assigned to that assignee;

             (2) A portion has been assigned to another assignee; or

             (3) The account debtor knows that the assignment to that assignee is limited.

      3.  Subject to subsection 8, if requested by the account debtor, an assignee shall seasonably furnish reasonable proof that the assignment has been made. Unless the assignee complies, the account debtor may discharge its obligation by paying the assignor, even if the account debtor has received a notification under subsection 1.

      4.  Except as otherwise provided in subsection 5 and NRS 104.9407 and 104A.2303, and subject to subsection 8, a term in an agreement between an account debtor and an assignor or in a promissory note is ineffective to the extent that it:

 


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ê2021 Statutes of Nevada, Page 1731 (CHAPTER 297, SB 332)ê

 

      (a) Prohibits, restricts or requires the consent of the account debtor or person obligated on the promissory note to the assignment or transfer of, or the creation, attachment, perfection or enforcement of a security interest in, the account, chattel paper, payment intangible or promissory note; or

      (b) Provides that the assignment or transfer, or the creation, attachment, perfection or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account, chattel paper, payment intangible or promissory note.

      5.  Subsection 4 does not apply to the sale of a payment intangible or promissory note, other than a sale pursuant to a disposition under NRS 104.9610 or an acceptance of collateral under NRS 104.9620.

      6.  Subject to subsections 7 and 8, a rule of law, statute, or regulation, that prohibits, restricts, or requires the consent of a government, governmental body or official, or account debtor to the assignment or transfer of, or creation of a security interest in, an account or chattel paper is ineffective to the extent that the rule of law, statute or regulation:

      (a) Prohibits, restricts, or requires the consent of the government, governmental body or official, or account debtor to the assignment or transfer of, or the creation, attachment, perfection, or enforcement of a security interest in, the account or chattel paper; or

      (b) Provides that the assignment or transfer, or the creation, attachment, perfection, or enforcement of the security interest may give rise to a default, breach, right of recoupment, claim, defense, termination, right of termination, or remedy under the account or chattel paper.

      7.  Subject to subsection 8, an account debtor may not waive or vary its option under paragraph (c) of subsection 2.

      8.  This section is subject to law other than this article which establishes a different rule for an account debtor who is a natural person and who incurred the obligation primarily for personal, family or household purposes.

      9.  This section does not apply to an assignment of a health-care-insurance receivable or to a transfer of a right to receive payments pursuant to [NRS 42.030.] sections 2 to 41, inclusive, of this act.

      Sec. 43.  1.  The provisions of this act do not apply to a transfer agreement entered into before October 1, 2021.

      2.  As used in this section, “transfer agreement” has the meaning ascribed to it in section 25 of this act.

      Sec. 44.  NRS 42.030 is hereby repealed.

      Sec. 45.  1.  This act becomes effective on October 1, 2021.

      2.  Sections 30 and 31 of this act expire by limitation on the date on which the provisions of 42 U.S.C. § 666, the federal law requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

Ê are repealed by the Congress of the United States.

________

 


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ê2021 Statutes of Nevada, Page 1732ê

 

CHAPTER 298, SB 344

Senate Bill No. 344–Senator Ohrenschall

 

CHAPTER 298

 

[Approved: June 2, 2021]

 

AN ACT relating to animals; enacting provisions relating to dangerous wild animals; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Board of Wildlife Commissioners to adopt regulations to prohibit the importation, transportation and possession of any species of wildlife which the Commission determines is detrimental to the wildlife or habitat of wildlife in this State. (NRS 503.597) Section 7 of this bill prohibits a person from allowing a dangerous wild animal, as defined in section 4 of this bill, to come in direct contact with a member of the public. Section 5 of this bill clarifies that direct contact does not include physical contact between or a situation of physical proximity where physical contact is possible between a dangerous wild animal and: (1) the owner of the dangerous wild animal; (2) certain employees and other persons engaged by the owner of the dangerous wild animal; (3) veterinarians; (4) law enforcement officers or animal control officers; or (5) the Nevada Department of Wildlife.

      Section 10 of this bill authorizes a law enforcement officer or an animal control authority to seize and impound a dangerous wild animal if the officer or authority, as applicable, has probable cause to believe that the person who owns or possesses the animal has allowed the dangerous wild animal to come in direct contact with a member of the public. Section 11 of this bill authorizes the forfeiture or voluntary relinquishment of a seized dangerous wild animal if such direct contact occurs. Section 14 of this bill provides that the provisions of this bill do not apply to the extent that those provisions conflict with certain provisions of law governing cruelty to animals. Section 16 of this bill provides that a person who violates certain provisions of this bill is subject to a civil penalty of not more than $20,000.

      Existing law authorizes a board of county commissioners and city council to enact certain restrictions and ordinances concerning animals, including, prohibiting cruelty to animals and fixing, imposing and collecting license fees. (NRS 244.359, 266.325) Section 15 of this bill provides that the provisions of sections 2-16 must not be construed as prohibiting a county or a city from adopting or enforcing any rule or law that places additional restrictions or requirements on the importation, possession, sale, transfer or breeding of a dangerous wild animal. Sections 19 and 20 of this bill make conforming changes to limit the existing authority of a board of county commissioners and city council to enact restrictions and ordinances concerning animals such that any restrictions or ordinances may not conflict with certain provisions of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 50 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 16, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 6.6, inclusive, of this act have the meanings ascribed to them in those sections.

 


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      Sec. 3. “Animal control authority” means any entity designated by the county or city to enforce local ordinances and laws of this State relating to the control, shelter or welfare of animals. The term includes, without limitation, an animal control agency and a law enforcement agency.

      Sec. 4. “Dangerous wild animal” means any of the following live animals held in captivity:

      1.  All elephants from the genera Elephas and Loxodonta.

      2.  All species of aardwolves and hyenas.

      3.  All species of primates, except humans.

      4.  The following species from the family Canidae:

      (a) Gray wolves (Canis lupus).

      (b) Red wolves (Canis rufus) that have been bred in captivity.

      5.  The following species from the family Felidae:

      (a) Cheetahs (Acinonyx jubatus), including hybrids thereof.

      (b) Clouded leopards (Neofelis nebulosa and Neofelis diardi), including hybrids thereof.

      (c) Jaguars (Panthera onca), including hybrids thereof.

      (d) Leopards (Panthera pardus), including hybrids thereof.

      (e) Lions (Panthera leo), including hybrids thereof.

      (f) Mountain lions (Puma concolor) that have been bred in captivity, including hybrids thereof.

      (g) Snow leopards (Panthera uncia), including hybrids thereof.

      (h) Tigers (Panthera tigris), including hybrids thereof.

      6.  The following species from the family Ursidae:

      (a) American black bears (Ursus americanus) that have been bred in captivity.

      (b) Asiatic black bears (Ursus thibetanus).

      (c) Brown bears (Ursus arctos).

      (d) Giant pandas (Ailuropoda melanoleuca).

      (e) Polar bears (Ursus maritimus).

      (f) Sloth bears (Melursus ursinus).

      (g) Spectacled bears (Tremarctos ornatus), including hybrids thereof.

      (h) Sun bears (Helarctos malayanus).

      Sec. 5. 1.  “Direct contact” means physical contact with or a situation of physical proximity where physical contact is possible with a dangerous wild animal.

      2.  The term includes, without limitation, a situation in which a photograph is taken with a dangerous wild animal without the presence of a permanent physical barrier which is designed to prevent physical contact between the public and the dangerous wild animal.

      3.  The term does not include physical contact between or a situation of physical proximity where physical contact is possible between a dangerous wild animal and:

      (a) The owner of the dangerous wild animal;

      (b) An employee of the owner of the dangerous wild animal or another person engaged with the owner of the dangerous wild animal while the employee or other person is conducting his or her duties, as determined by the owner of the dangerous wild animal;

      (c) A veterinarian licensed pursuant to chapter 638 of NRS for the purpose of providing treatment to a dangerous wild animal;

      (d) A law enforcement officer or animal control authority for the purpose of enforcing local ordinances and the laws of this State; or

 


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      (e) The Department of Wildlife or the agents or employees thereof for the purpose of enforcing title 45 of NRS.

      Sec. 6. “Law enforcement officer” means:

      1.  A sheriff of a county or metropolitan police department and any deputy thereof;

      2.  An employee of the Department of Public Safety who has the powers of a peace officer pursuant to NRS 289.270;

      3.  A police officer of a city or town; and

      4.  A game warden or other agent or employee of the Department of Wildlife.

      Secs. 6.3 and 6.6.  (Deleted by amendment.)

      Sec. 7. A person shall not allow a dangerous wild animal to come in direct contact with a member of the public.

      Secs. 8 and 9.  (Deleted by amendment.)

      Sec. 10. 1.  A law enforcement officer or an animal control authority may seize a dangerous wild animal if the officer or authority has probable cause to believe that the person who owns or possesses the dangerous wild animal has violated section 7 of this act.

      2.  A law enforcement officer or an animal control authority may impound a dangerous wild animal seized pursuant to subsection 1 on the property of the person who owns or possesses the dangerous wild animal until a transfer and placement of the dangerous wild animal becomes possible.

      Sec. 11. 1.  If a person from whom a dangerous wild animal is seized pursuant to section 10 of this act is found to have violated section 7 of this act, the court may order the forfeiture of the dangerous wild animal by the person.

      2.  A person from whom a dangerous wild animal is seized pursuant to section 10 of this act may voluntarily relinquish the dangerous wild animal. A person who voluntarily relinquishes a dangerous wild animal pursuant to this section remains subject to the imposition of a civil penalty pursuant to section 16 of this act for a violation of section 7 of this act.

      3.  Except as otherwise provided in subsection 4, a dangerous wild animal that is forfeited pursuant to this section may be returned to the owner of the dangerous wild animal if the investigating law enforcement officer or animal control authority determines that:

      (a) Possession of the dangerous wild animal is allowed by law;

      (b) The owner has corrected each violation resulting in the forfeiture;

      (c) The return of the dangerous wild animal does not create a risk to public health or safety;

      (d) The dangerous wild animal has not been treated cruelly; and

      (e) The owner is in compliance with the provisions of this chapter.

      4.  A dangerous wild animal that is forfeited pursuant to this section must not be returned to the owner if the investigating law enforcement officer or animal control authority determines that possession of the dangerous wild animal is prohibited pursuant to this chapter or title 45 of NRS. If possession of the dangerous wild animal is prohibited by law, the dangerous wild animal must be humanely euthanized by an animal control authority in compliance with all applicable federal, state and local laws.

      Secs. 12 and 13.  (Deleted by amendment.)

      Sec. 14. The provisions of this chapter do not apply to the extent that those provisions conflict with or are otherwise inconsistent with the provisions of chapter 574 of NRS.

 


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      Sec. 15. The provisions of this chapter must not be construed to prohibit a county or a city from adopting or enforcing any rule or law that places additional restrictions or requirements on the importation, possession, sale, transfer or breeding of dangerous wild animals.

      Sec. 16. A person who violates any provision of this chapter is subject to a civil penalty of not more than $20,000.

      Secs. 17 and 18. (Deleted by amendment.)

      Sec. 19. NRS 244.359 is hereby amended to read as follows:

      244.359  1.  Each board of county commissioners may enact and enforce an ordinance or ordinances:

      (a) Fixing, imposing and collecting an annual license fee on dogs and providing for the capture and disposal of all dogs on which the license fee is not paid.

      (b) Regulating or prohibiting the running at large and disposal of all kinds of animals.

      (c) Establishing a pound, appointing a poundkeeper and prescribing the poundkeeper’s duties.

      (d) Prohibiting cruelty to animals.

      (e) Designating an animal as inherently dangerous and requiring the owner of such an animal to obtain a policy of liability insurance for the animal in an amount determined by the board of county commissioners.

      2.  Any ordinance or ordinances enacted pursuant to the provisions of paragraphs (a) and (b) of subsection 1 may apply throughout an entire county or govern only a limited area within the county which shall be specified in the ordinance or ordinances.

      3.  Except as otherwise provided in this subsection, a board of county commissioners may by ordinance provide that the violation of a particular ordinance enacted pursuant to this section imposes a civil liability to the county in an amount not to exceed $500, instead of a criminal penalty. An ordinance enacted pursuant to this section that creates an offense relating to bites of animals, vicious or dangerous animals, horse tripping or cruelty to animals must impose a criminal penalty for the offense. As used in this subsection, “horse tripping” does not include tripping a horse to provide medical or other health care for the horse.

      4.  The provisions of this section apply only to the extent that they do not conflict with the provisions of sections 2 to 16, inclusive, of this act.

      Sec. 20. NRS 266.325 is hereby amended to read as follows:

      266.325  1.  The city council may:

      [1.](a) Fix, impose and collect an annual license fee on all animals and provide for the capture and disposal of all animals on which the license fee is not paid.

      [2.](b) Regulate or prohibit the running at large and disposal of all kinds of animals and poultry.

      [3.](c) Establish a pound, appoint a poundkeeper and prescribe the poundkeeper’s duties.

      [4.](d) Prohibit cruelty to animals.

      2.  The provisions of this section apply only to the extent that they do not conflict with the provisions of sections 2 to 16, inclusive, of this act.

      Secs. 21-25. (Deleted by amendment.)

      Sec. 26.  This act becomes effective on July 1, 2021.

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ê2021 Statutes of Nevada, Page 1736ê

 

CHAPTER 299, SB 358

Senate Bill No. 358–Committee on Judiciary

 

CHAPTER 299

 

[Approved: June 2, 2021]

 

AN ACT relating to crimes; revising provisions relating to the interception of certain wire communications; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes it unlawful, with certain exceptions, to intercept or attempt to intercept any wire communication unless: (1) the interception or attempted interception is made with the prior consent of one of the parties to the communication; and (2) an emergency situation exists and it is impractical to obtain a court order. Existing law requires any person who has made an interception in an emergency situation to make a written application to a justice of the Supreme Court or district judge for ratification of the interception within 72 hours of the interception. (NRS 200.620) Existing law additionally provides that it is not unlawful for a peace officer specifically designated by the Attorney General or the district attorney of any county, or a person acting under the direction or request of a peace officer, to intercept the wire, electronic or oral communication of a person who has: (1) barricaded himself or herself and is not exiting or surrendering at the lawful request of a peace officer, in circumstances in which there is imminent risk of harm to the life of another person as a result of the actions of the person who is barricaded or the actions of law enforcement in resolving the barricade situation; (2) created a hostage situation; or (3) threatened the imminent illegal use of an explosive. (NRS 179.463) This bill clarifies that under such circumstances, the interception or attempted interception of a wire communication: (1) is not unlawful; and (2) does not require the consent of the person whose wire communication is intercepted or attempted to be intercepted or the filing of an application for ratification by the court of the interception or attempted interception.

 

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 200.620 is hereby amended to read as follows:

      200.620  1.  Except as otherwise provided in subsection 5 and NRS 179.410 to 179.515, inclusive, 209.419 and 704.195, it is unlawful for any person to intercept or attempt to intercept any wire communication unless:

      (a) The interception or attempted interception is made with the prior consent of one of the parties to the communication; and

      (b) An emergency situation exists and it is impractical to obtain a court order as required by NRS 179.410 to 179.515, inclusive, before the interception, in which event the interception is subject to the requirements of subsection 3. If the application for ratification is denied, any use or disclosure of the information so intercepted is unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that:

 


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             (1) The communication was intercepted; and

             (2) Upon application to the court, ratification of the interception was denied.

      2.  This section does not apply to any person, or to the officers, employees or agents of any person, engaged in the business of providing service and facilities for wire communication where the interception or attempted interception is to construct, maintain, conduct or operate the service or facilities of that person.

      3.  Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make a written application to a justice of the Supreme Court or district judge for ratification of the interception. The interception must not be ratified unless the applicant shows that:

      (a) An emergency situation existed and it was impractical to obtain a court order before the interception; and

      (b) Except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.

      4.  NRS 200.610 to 200.690, inclusive, do not prohibit the recording, and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in evidence, of conversations on wire communications installed in the office of an official law enforcement or fire-fighting agency, or a public utility, if the equipment used for the recording is installed in a facility for wire communications or on a telephone with a number listed in a directory, on which emergency calls or requests by a person for response by the law enforcement or fire-fighting agency or public utility are likely to be received. In addition, those sections do not prohibit the recording or reception in evidence of conversations initiated by the law enforcement or fire-fighting agency or public utility from such a facility or telephone in connection with responding to the original call or request, if the agency or public utility informs the other party that the conversation is being recorded.

      5.  The interception or attempted interception of a wire communication is not unlawful under the circumstances set forth in subsection 1 of NRS 179.463.

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ê2021 Statutes of Nevada, Page 1738ê

 

CHAPTER 300, SB 359

Senate Bill No. 359–Committee on Judiciary

 

CHAPTER 300

 

[Approved: June 2, 2021]

 

AN ACT relating to crimes; revising the penalties for the commission of certain prohibited acts relating to controlled substances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) prohibits the unauthorized manufacturing or compounding of a controlled substance other than marijuana; and (2) provides that a person who engages in such unauthorized manufacturing or compounding of a controlled substance other than marijuana is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000. (NRS 453.322) Section 1 of this bill provides that if such unauthorized manufacturing or compounding of a controlled substance other than marijuana causes a fire or explosion, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

      Existing law prohibits: (1) the unauthorized manufacturing, growing, planting, cultivating, harvesting, drying, propagating or processing of marijuana, which is punishable as a category E felony; and (2) the unauthorized extraction of concentrated cannabis, which is punishable as a category C felony. (NRS 453.3393) Section 2 of this bill: (1) reduces the penalty for the unauthorized extraction of concentrated cannabis from a category C felony to a category D felony; and (2) provides for the imposition of an additional penalty if the unauthorized manufacturing, growing, planting, cultivating, harvesting, drying, propagating or processing of marijuana or the unauthorized extraction of concentrated cannabis causes a fire or explosion.

 

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 453.322 is hereby amended to read as follows:

      453.322  1.  Except as authorized by the provisions of NRS 453.011 to 453.552, inclusive, it is unlawful for a person to knowingly or intentionally:

      (a) Manufacture or compound a controlled substance other than marijuana.

      (b) Possess, with the intent to manufacture or compound a controlled substance other than marijuana, or sell, exchange, barter, supply, prescribe, dispense or give away, with the intent that the chemical be used to manufacture or compound a controlled substance other than marijuana:

             (1) Any chemical identified in subsection [4;] 5; or

             (2) Any other chemical which is proven by expert testimony to be commonly used in manufacturing or compounding a controlled substance other than marijuana. The district attorney may present expert testimony to provide a prima facie case that any chemical, whether or not it is a chemical identified in subsection [4,] 5, is commonly used in manufacturing or compounding such a controlled substance.

 


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identified in subsection [4,] 5, is commonly used in manufacturing or compounding such a controlled substance.

Ê The provisions of this paragraph do not apply to a person who, without the intent to commit an unlawful act, possesses any chemical at a laboratory that is licensed to store the chemical.

      (c) Offer or attempt to do any act set forth in paragraph (a) or (b).

      2.  Unless a greater penalty is provided in subsection 3 or NRS 453.3385, a person who violates any provision of subsection 1 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 15 years, and may be further punished by a fine of not more than $100,000.

      3.  If a person violates any provision of subsection 1 by engaging in the manufacturing or compounding of a controlled substance other than marijuana, or by attempting to do so, and the violation causes a fire or explosion, the person is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 3 years and a maximum term of not more than 20 years, and may be further punished by a fine of not more than $100,000.

      4.  The court shall not grant probation to a person convicted pursuant to this section.

      [4.] 5.  The following chemicals are identified for the purposes of subsection 1:

      (a) Acetic anhydride.

      (b) Acetone.

      (c) N-Acetylanthranilic acid, its esters and its salts.

      (d) Anthranilic acid, its esters and its salts.

      (e) Benzaldehyde, its salts, isomers and salts of isomers.

      (f) Benzyl chloride.

      (g) Benzyl cyanide.

      (h) 1,4-Butanediol.

      (i) 2-Butanone (or methyl ethyl ketone or MEK).

      (j) Ephedrine, its salts, isomers and salts of isomers.

      (k) Ergonovine and its salts.

      (l) Ergotamine and its salts.

      (m) Ethylamine, its salts, isomers and salts of isomers.

      (n) Ethyl ether.

      (o) Gamma butyrolactone.

      (p) Hydriodic acid, its salts, isomers and salts of isomers.

      (q) Hydrochloric gas.

      (r) Iodine.

      (s) Isosafrole, its salts, isomers and salts of isomers.

      (t) Lithium metal.

      (u) Methylamine, its salts, isomers and salts of isomers.

      (v) 3,4-Methylenedioxy-phenyl-2-propanone.

      (w) N-Methylephedrine, its salts, isomers and salts of isomers.

      (x) Methyl isobutyl ketone (MIBK).

      (y) N-Methylpseudoephedrine, its salts, isomers and salts of isomers.

      (z) Nitroethane, its salts, isomers and salts of isomers.

      (aa) Norpseudoephedrine, its salts, isomers and salts of isomers.

      (bb) Phenylacetic acid, its esters and its salts.

      (cc) Phenylpropanolamine, its salts, isomers and salts of isomers.

 


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ê2021 Statutes of Nevada, Page 1740 (CHAPTER 300, SB 359)ê

 

      (dd) Piperidine and its salts.

      (ee) Piperonal, its salts, isomers and salts of isomers.

      (ff) Potassium permanganate.

      (gg) Propionic anhydride, its salts, isomers and salts of isomers.

      (hh) Pseudoephedrine, its salts, isomers and salts of isomers.

      (ii) Red phosphorous.

      (jj) Safrole, its salts, isomers and salts of isomers.

      (kk) Sodium metal.

      (ll) Sulfuric acid.

      (mm) Toluene.

      Sec. 2. NRS 453.3393 is hereby amended to read as follows:

      453.3393  1.  A person shall not knowingly or intentionally manufacture, grow, plant, cultivate, harvest, dry, propagate or process marijuana, except as specifically authorized by the provisions of this chapter or title 56 of NRS.

      2.  Unless a greater penalty is provided in subsection 3 or NRS 453.339, a person who violates subsection 1, if the quantity involved is more than 12 marijuana plants, irrespective of whether the marijuana plants are mature or immature, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      3.  A person shall not knowingly or intentionally extract concentrated cannabis, except as specifically authorized by the provisions of title 56 of NRS. Unless a greater penalty is provided in NRS 453.339, a person who violates this subsection is guilty of a category [C] D felony and shall be punished as provided in NRS 193.130.

      4.  If a person violates:

      (a) Subsection 1 by manufacturing, growing, planting, cultivating, harvesting, drying, propagating or processing marijuana; or

      (b) Subsection 3 by extracting concentrated cannabis,

Ê and the violation causes a fire or explosion, the person shall, in addition to the term of imprisonment prescribed in this section for the underlying violation, be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 4 years.

      5.  In determining the length of the additional penalty imposed pursuant to subsection 4, the court shall consider the following information:

      (a) The facts and circumstances of the violation;

      (b) The criminal history of the person;

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

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

      (e) Any other relevant information.

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

      6.  The sentence prescribed by subsection 4:

      (a) Must not exceed the sentence imposed for the underlying violation of subsection 1 or 3, as applicable; and

      (b) Must run consecutively with the sentence imposed for the underlying violation of subsection 1 or 3, as applicable.

      7.  The provisions of subsection 4 do not create any separate offense but provide an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

 


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      8.  In addition to any punishment imposed pursuant to this section, the court shall order a person convicted of a violation of this section to pay all costs associated with any necessary cleanup and disposal related to the manufacturing, growing, planting, cultivation, harvesting, drying, propagation or processing of the marijuana or the extraction of concentrated cannabis.

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CHAPTER 301, SB 383

Senate Bill No. 383–Committee on Growth and Infrastructure

 

CHAPTER 301

 

[Approved: June 2, 2021]

 

AN ACT relating to bicycles; revising provisions relating to the classifying, operating, labeling and equipping of electric bicycles; including riding an electric bicycle as a recreational activity for the purposes of the provision governing liability to persons using premises for recreational activities; providing that certain crimes against property apply to electric bicycles; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law defines an electric bicycle for various purposes as a device upon which a person may ride that is generally recognized as a bicycle, is propelled by an electric engine that must not produce more than 1 gross brake horsepower or achieve a speed of more than 20 miles per hour while traveling on a flat surface and that has certain other specifications. (NRS 482.0287, 483.067, 484B.017) Existing law: (1) excludes electric bicycles from vehicle licensing and registration requirements; (2) excludes electric bicycles from the provisions requiring vehicle drivers’ licenses; and (3) provides that electric bicycles are subject to the same traffic laws and various other requirements as bicycles (NRS 482.210, 483.090, 483.230, 484B.763)

      Section 10 of this bill establishes three classes of electric bicycles and establishes separate maximum speed and propulsion requirements for each class. Sections 1, 2, 4, 6 and 11-13 of this bill make conforming changes to uniformly apply this definition of “electric bicycle.” Section 9 of this bill: (1) requires a manufacturer or distributor of an electric bicycle in this State to apply certain labeling to an electric bicycle that it manufactures or distributes on or after January 1, 2022; (2) provides that an electric bicycle operating or sold in this State must comply with certain equipment, manufacturing and operational requirements; and (3) requires that a class 3 electric bicycle be equipped with a speedometer.

      Existing law requires that electric bicycles be allowed on any trail or pedestrian walkway that is intended for use by bicycles and is constructed using certain federal funding. (NRS 408.579) Section 18 of this bill eliminates this requirement and instead, section 5 of this bill, with certain exceptions, authorizes an electric bicycle to be ridden in places where bicycles are allowed.

      Section 14 of this bill includes riding an electric bicycle in the nonexclusive list of activities in existing law that are considered recreational activities for the purposes of the provision governing liability to persons using premises for recreational activities. (NRS 41.510) Existing law also provides that it is unlawful for any person to throw a projectile or substance at, or wrongfully damage, bicycles, motor vehicles or certain other devices and vehicles. (NRS 205.2741) Section 15 of this bill adds electric bicycles to that list of devices and vehicles.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.0287 is hereby amended to read as follows:

      482.0287  “Electric bicycle” [means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.

Ê] has the meaning ascribed to it in NRS 484B.017. The term does not include a moped or an electric scooter.

      Sec. 2. NRS 483.067 is hereby amended to read as follows:

      483.067  “Electric bicycle” [means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals and is propelled by a small electric engine which produces not more than 1 gross brake horsepower and which produces not more than 750 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.

Ê] has the meaning ascribed to it in NRS 484B.017. The term does not include a moped or an electric scooter, as defined in NRS 482.0295.

      Sec. 3. Chapter 484A of NRS is hereby amended by adding thereto the provisions set forth as sections 4 and 5 of this act.

      Sec. 4. “Electric bicycle” has the meaning ascribed to it in NRS 484B.017.

      Sec. 5. 1.  Except as otherwise provided in this section or by federal law, an electric bicycle may be ridden in places where bicycles are allowed, including, without limitation, streets, highways, roads, roadways, bicycle lanes, bicycle paths and shared-use paths.

      2.  A local authority, by ordinance, or a state agency, after notice and a hearing, may prohibit the operation of an electric bicycle or a class of electric bicycles on a bicycle path or shared-use path over which it has jurisdiction if the local authority or state agency finds that such a prohibition is necessary to protect the health and safety of the public or comply with other laws or legal obligations.

      3.  The provisions of this subsection do not apply to a trail that is specifically designated as nonmotorized and that has a natural surface tread that is made by clearing and grading the native soil with no added surfacing materials, except for occasional hydrological controls, including, without limitation, bridges and pervious patching materials. A local authority or state agency having jurisdiction over such a trail may regulate the use of an electric bicycle on that trail.

 


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      4.  As used in this section, “shared-use path” means a transportation circulation system that is physically separated from motor vehicle traffic, may be paved or unpaved and supports multiple recreational opportunities, such as walking, bicycling and inline skating.

      Sec. 6. NRS 484A.010 is hereby amended to read as follows:

      484A.010  As used in chapters 484A to 484E, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 484A.015 to 484A.320, inclusive, and section 4 of this act have the meanings ascribed to them in those sections.

      Secs. 7 and 8. (Deleted by amendment.)

      Sec. 9. Chapter 484B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  On and after January 1, 2022, a manufacturer or distributor of electric bicycles in this State shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle that it manufactures or distributes, as applicable. The label must:

      (a) Contain the classification number, maximum assisted speed and wattage of motor of the electric bicycle; and

      (b) Be printed in Arial font in at least 9-point type.

      2.  A new electric bicycle sold in this State on or after October 1, 2021, must comply with the equipment and manufacturing requirements adopted by the United States Consumer Product Safety Commission pursuant to 16 C.F.R. Part 1512.

      3.  An electric bicycle operated in this State must be equipped in such a manner that the electric motor is disengaged or ceases to function when:

      (a) The rider stops pedaling; or

      (b) The brakes are applied.

      4.  A person shall not tamper with or modify an electric bicycle in such a manner as to change the speed capability of the motor or the engagement of an electric bicycle unless the label indicating the classification required by subsection 1 is replaced after modification.

      5.  A class 3 electric bicycle must be equipped with a speedometer that displays the speed the electric bicycle is traveling in miles per hour.

      Sec. 10. NRS 484B.017 is hereby amended to read as follows:

      484B.017  “Electric bicycle” means a device upon which a person may ride, having two or three wheels, or every such device generally recognized as a bicycle that has fully operable pedals [and is propelled by a small] , a seat or saddle for the rider, an electric [engine which produces not more than 1 gross brake horsepower and] motor which produces not more than 750 watts [final output,] and [:] meets the requirements of one of the following three classes:

      1.  [Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and] “Class 1 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

      2.  [Powered solely by such a small electric engine, is capable of a maximum speed of not more than 20 miles per hour on a flat surface while carrying an operator who weighs 170 pounds.] “Class 2 electric bicycle” means an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle and is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

 


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      3.  “Class 3 electric bicycle” means an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

Ê The term does not include a moped or an electric scooter.

      Sec. 11. NRS 485.050 is hereby amended to read as follows:

      485.050  “Motor vehicle” means every self-propelled vehicle which is designed for use upon a highway, including:

      1.  Trailers and semitrailers designed for use with such vehicles, except traction engines, road rollers, farm tractors, tractor cranes, power shovels and well drillers; and

      2.  Every vehicle which is propelled by electric power obtained from overhead wires but not operated upon rails.

Ê The term does not include electric personal assistive mobility devices as defined in NRS 482.029 [.] or an electric bicycle as defined in NRS 484B.017.

      Sec. 12. NRS 486.038 is hereby amended to read as follows:

      486.038  “Moped” means a motor-driven scooter, motor-driven cycle or similar vehicle that is propelled by a small engine which produces not more than 2 gross brake horsepower, has a displacement of not more than 50 cubic centimeters or produces not more than 1500 watts final output, and:

      1.  Is designed to travel on not more than three wheels in contact with the ground but is not a tractor; and

      2.  Is capable of a maximum speed of not more than 30 miles per hour on a flat surface with not more than 1 percent grade in any direction when the motor is engaged.

Ê The term does not include an electric bicycle as defined in NRS [483.067] 484B.017 or an electric scooter as defined in NRS 482.0295.

      Sec. 13. NRS 486.041 is hereby amended to read as follows:

      486.041  “Motorcycle” means every motor vehicle equipped with a seat or a saddle for the use of the driver and designed to travel on not more than three wheels in contact with the ground, excluding an electric bicycle as defined in NRS [483.067,] 484B.017, an electric scooter as defined in NRS 482.0295, a tractor and a moped.

      Sec. 14. NRS 41.510 is hereby amended to read as follows:

      41.510  1.  Except as otherwise provided in subsection 3, an owner of any estate or interest in any premises, or a lessee or an occupant of any premises, owes no duty to keep the premises safe for entry or use by others for participating in any recreational activity, or to give warning of any hazardous condition, activity or use of any structure on the premises to persons entering for those purposes.

      2.  Except as otherwise provided in subsection 3, if an owner, lessee or occupant of premises gives permission to another person to participate in recreational activities upon those premises:

      (a) The owner, lessee or occupant does not thereby extend any assurance that the premises are safe for that purpose or assume responsibility for or incur liability for any injury to person or property caused by any act of persons to whom the permission is granted.

      (b) That person does not thereby acquire any property rights in or rights of easement to the premises.

      3.  This section does not:

      (a) Limit the liability which would otherwise exist for:

             (1) Willful or malicious failure to guard, or to warn against, a dangerous condition, use, structure or activity.

 


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             (2) Injury suffered in any case where permission to participate in recreational activities was granted for a consideration other than the consideration, if any, paid to the landowner by the State or any subdivision thereof. For the purposes of this subparagraph, the price paid for a game tag sold pursuant to NRS 502.145 by an owner, lessee or manager of the premises shall not be deemed consideration given for permission to hunt on the premises.

             (3) Injury caused by acts of persons to whom permission to participate in recreational activities was granted, to other persons as to whom the person granting permission, or the owner, lessee or occupant of the premises, owed a duty to keep the premises safe or to warn of danger.

      (b) Create a duty of care or ground of liability for injury to person or property.

      4.  As used in this section, “recreational activity” includes, but is not limited to:

      (a) Hunting, fishing or trapping;

      (b) Camping, hiking or picnicking;

      (c) Sightseeing or viewing or enjoying archaeological, scenic, natural or scientific sites;

      (d) Hang gliding or paragliding;

      (e) Spelunking;

      (f) Collecting rocks;

      (g) Participation in winter sports, including cross-country skiing, snowshoeing or riding a snowmobile, or water sports;

      (h) Riding animals, riding in vehicles or riding a road , [or] mountain or electric bicycle;

      (i) Studying nature;

      (j) Gleaning;

      (k) Recreational gardening; and

      (l) Crossing over to public land or land dedicated for public use.

      Sec. 15. NRS 205.2741 is hereby amended to read as follows:

      205.2741  1.  It is unlawful for any person:

      (a) To throw any stone, rock, missile or any substance at any bicycle , electric bicycle, as defined in NRS 484B.017, or electric scooter, as defined in NRS 482.0295, or at any motorbus, truck or other motor vehicle; or

      (b) Wrongfully to injure, deface or damage any bicycle, electric bicycle, as defined in NRS 484B.017, or any motorbus, truck or other motor vehicle, or any part thereof.

      2.  Any person who violates any of the provisions of subsection 1 is guilty of a public offense, as prescribed in NRS 193.155, proportionate to the value of the property damaged and in no event less than a misdemeanor.

      Sec. 16. NRS 408.571 is hereby amended to read as follows:

      408.571  1.  The Department shall develop an educational program concerning bicycle and pedestrian safety which must be:

      (a) Suitable for children and adults; and

      (b) Developed by a person who is trained in the techniques of bicycle and pedestrian safety.

      2.  The program must be designed to:

      (a) Aid bicyclists in improving their riding skills;

      (b) Inform bicyclists and pedestrians of applicable traffic laws and encourage observance of those laws; and

      (c) Promote bicycle and pedestrian safety.

 


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ê2021 Statutes of Nevada, Page 1746 (CHAPTER 301, SB 383)ê

 

      3.  As used in this section, “bicycle” has the meaning ascribed to it in NRS 484A.025 and includes an electric bicycle as defined in NRS [482.0287.] 484B.017.

      Sec. 17.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, 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 March 22, 2021.

      Sec. 18. NRS 408.579 is hereby repealed.

________

CHAPTER 302, SB 387

Senate Bill No. 387–Senator D. Harris

 

Joint Sponsors: Assemblymen C.H. Miller, Summers-Armstrong and Watts

 

CHAPTER 302

 

[Approved: June 2, 2021]

 

AN ACT relating to telecommunication service; providing for the regulation of certain suppliers that provide an inmate calling service by the Public Utilities Commission of Nevada; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Public Utilities Commission of Nevada to regulate certain utilities. (Chapter 704 of NRS) Under existing law, all telecommunication providers, with the exception of certain small-scale providers of last resort, are classified as competitive suppliers and subject to reduced regulation by the Commission. (NRS 704.68861-704.68887) Existing federal regulations adopted by the Federal Communications Commission establish rate caps and certain other limitations on charges that may be imposed by a provider of an inmate calling service for interstate or international calls. (47 C.F.R. §§ 64.6000 et seq.)

      Section 3 of this bill defines “inmate calling service” to mean a calling service that allows a person confined in a correctional facility to make intrastate calls to persons outside the correctional facility in which the person is being confined. Section 2 of this bill defines “correctional facility” to include a public or private correctional facility.

      Section 5 of this bill requires the Commission to adopt by regulation procedures to: (1) establish rate caps and certain limitations on charges for an inmate calling service; and (2) approve a schedule or tariff that exceeds such a rate cap or fails to comply with a limitation prescribed by the Commission. Section 5 also requires the Commission to review annually, and, if necessary, revise such a rate cap or limitation established or imposed by the Commission.

      Section 4 of this bill requires a competitive supplier to file with the Commission, and obtain approval for, a schedule or tariff that specifies the rates, terms and conditions applicable to an inmate calling service before providing the service. Section 4 requires the Commission to approve any schedule or tariff that specifies rates, terms and conditions that do not exceed a rate cap prescribed by the Commission and that comply with any limitation prescribed by the Commission. Section 4 authorizes the Commission to approve a schedule or tariff that exceeds a rate cap or fails to comply with a limitation prescribed by the Commission pursuant to the procedure adopted pursuant to section 5.

 


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ê2021 Statutes of Nevada, Page 1747 (CHAPTER 302, SB 387)ê

 

to the procedure adopted pursuant to section 5. Section 4 also requires a competitive supplier to submit a revised schedule or tariff if the Commission revises a rate cap or limitation and the schedule or tariff on file with the Commission exceeds the revised rate cap or fails to comply with the revised limitation. Section 12 of this bill authorizes a competitive supplier who provides an inmate calling service before October 1, 2021, to continue to provide such service if the competitive supplier files with the Commission the tariff or schedule required by section 4 by a certain date. Sections 10 and 11 of this bill make conforming changes to remove certain exemptions from regulation by the Commission for competitive suppliers that provide an inmate calling service. Section 11 of this bill requires a competitive supplier that provides an inmate calling service to publish the rates, terms and conditions of the inmate calling service. Sections 6-9 of this bill make conforming changes to indicate the proper placement of sections 2-5 in the Nevada Revised Statutes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 704 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

      Sec. 2.  “Correctional facility” means a local detention facility, county, city or town jail, state prison, facility for the detention of juvenile offenders, reformatory or other correctional facility, including, without limitation, a facility where a prisoner is housed by a private entity with which the Department of Corrections has contracted to perform core correctional services pursuant to NRS 208.175.

      Sec. 3. “Inmate calling service” means a calling service that allows a person confined in a correctional facility to make intrastate calls to persons outside the correctional facility in which the person is being confined, regardless of the technology used to deliver the service.

      Sec. 4. 1.  Before providing an inmate calling service, a competitive supplier must file with the Commission, for its approval, a schedule or tariff that specifies the rates, terms, and conditions applicable to the inmate calling service to be provided.

      2.  The Commission:

      (a) Shall approve any schedule or tariff that specifies rates, terms and conditions that:

             (1) Do not exceed a rate cap prescribed by the Commission; and

             (2) Comply with any limitation prescribed by the Commission.

      (b) May approve a schedule or tariff that specifies rates, terms and conditions that exceed a rate cap or fail to comply with a limitation prescribed by the Commission pursuant to the procedure for approval prescribed by regulations adopted by the Commission pursuant to section 5 of this act.

      3.  A competitive supplier that files with the Commission a schedule or tariff that exceeds a rate cap or fails to comply with a limitation prescribed by the Commission shall submit with the schedule or tariff:

      (a) A statement that demonstrates that the rate cap or limitation is not a just or reasonable rate or limitation for the competitive supplier; and

      (b) Proof that the competitive supplier participated in a public hearing conducted by the Commission for the purposes of establishing the rate cap or limitation.

 


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ê2021 Statutes of Nevada, Page 1748 (CHAPTER 302, SB 387)ê

 

      4.  A competitive supplier shall submit a revised schedule or tariff within 30 days after the date on which the Commission revises a rate cap or limitation if the schedule or tariff on file with the Commission for the competitive supplier exceeds the revised rate cap or fails to comply with the revised limitation.

      Sec. 5. 1.  The Commission shall adopt regulations governing the provision of an inmate calling service, which must prescribe a procedure for:

      (a) Establishing rate caps for inmate calling services in an amount that does not exceed any rate caps prescribed by the Federal Communications Commission for providers of interstate or international inmate calling services;

      (b) Defining and limiting ancillary service charges that providers may charge users of inmate calling services in a manner consistent with any limitations on such charges prescribed by the Federal Communications Commission for providers of interstate or international inmate calling services;

      (c) Limiting the taxes or fees that providers may charge users of inmate calling services in a manner consistent with any limitations on the collection of any taxes or fees prescribed by the Federal Communications Commission for providers of interstate or international inmate calling services; and

      (d) Approving a schedule or tariff that exceeds a rate cap or fails to comply with a limitation established by the Commission in accordance with this subsection.

      2.  The Commission shall annually review and, if necessary, revise a rate cap or limitation established by the Commission pursuant to the procedure required by regulations adopted pursuant to subsection 1.

      3.  As used in this section, “ancillary service charge” means a charge relating to the use of inmate calling services that is not included in the per-minute charge assessed for a call.

      Sec. 6. NRS 704.005 is hereby amended to read as follows:

      704.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 704.006 to 704.028, inclusive, and sections 2 and 3 of this act have the meanings ascribed to them in those sections.

      Sec. 7. NRS 704.390 is hereby amended to read as follows:

      704.390  1.  Except as otherwise provided in NRS 704.68861 to 704.68887, inclusive, and sections 4 and 5 of this act, it is unlawful for any public utility to discontinue, modify or restrict service to any city, town, municipality, community or territory theretofore serviced by it, except upon 30 days’ notice filed with the Commission, specifying in detail the character and nature of the discontinuance or restriction of the service intended, and upon order of the Commission, made after hearing, permitting such discontinuance, modification or restriction of service.

      2.  Except as otherwise provided in subsection 3, the Commission, in its discretion and after investigation, may dispense with the hearing on the application for discontinuance, modification or restriction of service if, upon the expiration of the time fixed in the notice thereof, no protest against the granting of the application has been filed by or on behalf of any interested person.

      3.  The Commission shall not dispense with the hearing on the application of an electric utility.

 


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ê2021 Statutes of Nevada, Page 1749 (CHAPTER 302, SB 387)ê

 

      Sec. 8. NRS 704.68861 is hereby amended to read as follows:

      704.68861  1.  Except as otherwise provided in this section, any telecommunication provider operating within this State is a competitive supplier that is subject to the provisions of NRS 704.68861 to 704.68887, inclusive [.] , and sections 4 and 5 of this act.

      2.  A small-scale provider of last resort is not a competitive supplier that is subject to the provisions of NRS 704.68861 to 704.68887, inclusive, and sections 4 and 5 of this act, unless the small-scale provider of last resort is authorized by the Commission pursuant to NRS 704.68869 to be regulated as a competitive supplier.

      Sec. 9. NRS 704.68863 is hereby amended to read as follows:

      704.68863  The provisions of NRS 704.68861 to 704.68887, inclusive, and sections 4 and 5 of this act do not:

      1.  Apply to the Commission in connection with any actions or decisions required or permitted by the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

      2.  Limit or modify:

      (a) The duties of a competitive supplier that is an incumbent local exchange carrier regarding the provision of network interconnection, unbundled network elements and resold services under the provisions of the Telecommunications Act of 1996, Public Law 104-104, 110 Stat. 56-161; or

      (b) The authority of the Commission to act pursuant to NRS 704.6881 and 704.6882.

      Sec. 10. NRS 704.68871 is hereby amended to read as follows:

      704.68871  1.  [A] Except as otherwise provided by section 4 of this act, a competitive supplier is not subject to any review of earnings or monitoring of the rate base or any other regulation by the Commission relating to the net income or rate of return of the competitive supplier, and the Commission shall not consider the rate of return, the rate base or any other earnings of the competitive supplier in carrying out the provisions of NRS 704.68861 to 704.68887, inclusive [.] , and sections 4 and 5 of this act.

      2.  On or before May 15 of each year, a competitive supplier shall file with the Commission an annual statement of income, a balance sheet, a statement of cash flows for the total operations of the competitive supplier and a statement of intrastate service revenues, each prepared in accordance with generally accepted accounting principles.

      3.  [A] Except as otherwise provided by section 4 of this act, a competitive supplier is not required to submit any other form of financial report or comply with any other accounting requirements, including, without limitation, requirements relating to depreciation and affiliate transactions, imposed upon a public utility by this chapter, chapter 703 of NRS or the regulations of the Commission.

      Sec. 11. NRS 704.68875 is hereby amended to read as follows:

      704.68875  1.  [A] Except as otherwise provided by section 4 of this act, a competitive supplier is not required to maintain or file any schedule or tariff with the Commission.

      2.  For any area in which a competitive supplier is a provider of last resort, the competitive supplier:

      (a) Shall publish the rates, pricing, terms and conditions of basic network service by:

             (1) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;

 


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ê2021 Statutes of Nevada, Page 1750 (CHAPTER 302, SB 387)ê

 

             (2) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; or

             (3) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer; and

      (b) May publish the rates, pricing, terms and conditions of other telecommunication service by:

             (1) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;

             (2) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; or

             (3) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer.

      3.  A competitive supplier that provides an inmate calling service shall publish the rates, terms and conditions of the inmate calling service by:

      (a) Posting such rates, pricing, terms and conditions electronically on a publicly available Internet website maintained by the competitive supplier;

      (b) Maintaining for inspection by the public a copy of such rates, pricing, terms and conditions at the principal office in Nevada of the competitive supplier; and

      (c) Delivering to the customer a copy of the rates, pricing, terms and conditions in writing with the first invoice, billing statement or other written summary of charges for the telecommunication service provided by the competitive supplier to the customer.

      Sec. 12.  A competitive supplier who, before October 1, 2021, provides an inmate calling service may, on or after October 1, 2021, continue to provide an inmate calling service, if the competitive supplier files with the Public Utilities Commission of Nevada the tariff or schedule required by section 4 of this act not later than 30 days after the effective date of the regulations adopted by the Commission pursuant to section 5 of this act.

      Sec. 13.  Notwithstanding the provisions of NRS 218D.430 and 218D.435, a committee, other than the Assembly Standing Committee on Ways and Means and the Senate Standing Committee on Finance, 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 March 22, 2021.

      Sec. 14.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 13, inclusive, of this act become effective:

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

      (b) On October 1, 2021, for all other purposes.

________

 


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ê2021 Statutes of Nevada, Page 1751ê

 

CHAPTER 303, SB 396

Senate Bill No. 396–Committee on Health and Human Services

 

CHAPTER 303

 

[Approved: June 2, 2021]

 

AN ACT relating to prescription drugs; authorizing public agencies of this State to enter into agreements with certain entities in other jurisdictions for the collaborative purchasing of prescription drugs; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a public agency of this State to enter into a joint or cooperative agreement with a public agency of this State or another state or the Federal Government to exercise any power, privilege or authority of the public agency. (NRS 277.110) Existing law additionally authorizes state agencies to cooperate with other public entities within or outside of this State to purchase prescription drugs, pharmaceutical services, or medical supplies and related services. (NRS 333.435) Sections 3.3 and 3.6 of this bill additionally authorize public agencies in this State to enter into agreements for the purchase of prescription drugs, pharmaceutical services, or medical supplies and related services with private entities within or outside of this State. Sections 1 and 2 of this bill authorize the Department of Health and Human Services to enter into such an agreement for the purchase of prescription drugs for Medicaid or the Children’s Health Insurance Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 422.4025 is hereby amended to read as follows:

      422.4025  1.  The Department shall:

      (a) By regulation, develop a list of preferred prescription drugs to be used for the Medicaid program and the Children’s Health Insurance Program, and each public or nonprofit health benefit plan that elects to use the list of preferred prescription drugs as its formulary pursuant to NRS 287.012, 287.0433 or 687B.407; and

      (b) Negotiate and enter into agreements to purchase the drugs included on the list of preferred prescription drugs on behalf of the health benefit plans described in paragraph (a) or enter into a contract pursuant to NRS 422.4053 with a pharmacy benefit manager , [or] health maintenance organization [,] or one or more public or private entities in this State, the District of Columbia or other states or territories of the United States, as appropriate, to negotiate such agreements.

      2.  The Department shall, by regulation, establish a list of prescription drugs which must be excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs established pursuant to subsection 1. The list established pursuant to this subsection must include, without limitation:

      (a) Prescription drugs that are prescribed for the treatment of the human immunodeficiency virus or acquired immunodeficiency syndrome, including, without limitation, protease inhibitors and antiretroviral medications;

      (b) Antirejection medications for organ transplants;

      (c) Antihemophilic medications; and

 


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ê2021 Statutes of Nevada, Page 1752 (CHAPTER 303, SB 396)ê

 

      (d) Any prescription drug which the Board identifies as appropriate for exclusion from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs.

      3.  The regulations must provide that the Board makes the final determination of:

      (a) Whether a class of therapeutic prescription drugs is included on the list of preferred prescription drugs and is excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs;

      (b) Which therapeutically equivalent prescription drugs will be reviewed for inclusion on the list of preferred prescription drugs and for exclusion from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs; and

      (c) Which prescription drugs should be excluded from any restrictions that are imposed by the Medicaid program on drugs that are on the list of preferred prescription drugs based on continuity of care concerning a specific diagnosis, condition, class of therapeutic prescription drugs or medical specialty.

      4.  The list of preferred prescription drugs established pursuant to subsection 1 must include, without limitation, any prescription drug determined by the Board to be essential for treating sickle cell disease and its variants.

      5.  The regulations must provide that each new pharmaceutical product and each existing pharmaceutical product for which there is new clinical evidence supporting its inclusion on the list of preferred prescription drugs must be made available pursuant to the Medicaid program with prior authorization until the Board reviews the product or the evidence.

      6.  On or before February 1 of each year, the Department shall:

      (a) Compile a report concerning the agreements negotiated pursuant to paragraph (b) of subsection 1 and contracts entered into pursuant to NRS 422.4053 which must include, without limitation, the financial effects of obtaining prescription drugs through those agreements and contracts, in total and aggregated separately for agreements negotiated by the Department, contracts with a pharmacy benefit manager , [and] contracts with a health maintenance organization [;] and contracts with public and private entities from this State, the District of Columbia and other states and territories of the United States; and

      (b) Post the report on an Internet website maintained by the Department and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:

             (1) In odd-numbered years, the Legislature; or

             (2) In even-numbered years, the Legislative Commission.

      Sec. 2. NRS 422.4053 is hereby amended to read as follows:

      422.4053  1.  Except as otherwise provided in subsection 2, the Department shall directly manage, direct and coordinate all payments and rebates for prescription drugs and all other services and payments relating to the provision of prescription drugs under the State Plan for Medicaid and the Children’s Health Insurance Program.

      2.  The Department may enter into a contract with:

      (a) A pharmacy benefit manager for the provision of any services described in subsection 1.

 


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ê2021 Statutes of Nevada, Page 1753 (CHAPTER 303, SB 396)ê

 

      (b) A health maintenance organization pursuant to NRS 422.273 for the provision of any of the services described in subsection 1 for recipients of Medicaid or recipients of insurance through the Children’s Health Insurance Program who receive coverage through a Medicaid managed care program.

      (c) One or more public or private entities from this State, the District of Columbia or other states or territories of the United States for the collaborative purchasing of prescription drugs in accordance with subsection 3 of NRS 277.110.

      3.  A contract entered into pursuant to paragraph (a) or (b) of subsection 2 must:

      (a) Include the provisions required by NRS 422.4056; and

      (b) Require the pharmacy benefit manager or health maintenance organization, as applicable, to disclose to the Department any information relating to the services covered by the contract, including, without limitation, information concerning dispensing fees, measures for the control of costs, rebates collected and paid and any fees and charges imposed by the pharmacy benefit manager or health maintenance organization pursuant to the contract.

      4.  In addition to meeting the requirements of subsection 3, a contract entered into pursuant to:

      (a) Paragraph (a) of subsection 2 may require the pharmacy benefit manager to provide the entire amount of any rebates received for the purchase of prescription drugs, including, without limitation, rebates for the purchase of prescription drugs by an entity other than the Department, to the Department.

      (b) Paragraph (b) of subsection 2 must require the health maintenance organization to provide to the Department the entire amount of any rebates received for the purchase of prescription drugs, including, without limitation, rebates for the purchase of prescription drugs by an entity other than the Department, less an administrative fee in an amount prescribed by the contract. The Department shall adopt policies prescribing the maximum amount of such an administrative fee.

      Sec. 3. (Deleted by amendment.)

      Sec. 3.3. NRS 277.110 is hereby amended to read as follows:

      277.110  Except as limited by NRS 280.105 and 711.175:

      1.  Any power, privilege or authority exercised or capable of exercise by a public agency of this State, including, but not limited to, law enforcement, may be exercised jointly with any other public agency of this State, and jointly with any public agency of any other state or of the United States to the extent that the laws of such other state or of the United States permit such joint exercise. Any agency of this State when acting jointly with any other public agency may exercise all the powers, privileges and authority conferred by NRS 277.080 to 277.180, inclusive, upon a public agency.

      2.  Any two or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of NRS 277.080 to 277.170, inclusive.

      3.  A public agency may enter into an agreement with any other public agency or private entity in this State, the District of Columbia or any other state or territory of the United States or any agency of the United States for the purchase of prescription drugs, pharmaceutical services, or medical supplies and related services to the extent that the laws applicable to each participating agency and entity permit such an agreement.

 


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      4.  If it is reasonably foreseeable that a participating public agency will be required to:

      (a) Expend more than $25,000 to carry out [such] an agreement [,] described in this section, the agreement:

             (1) Must be in writing.

             (2) Becomes effective only upon ratification by appropriate ordinance, resolution or otherwise pursuant to law on the part of the governing bodies of the participating public agencies.

      (b) Expend $25,000 or less to carry out such an agreement, each participating public agency shall maintain written documentation of the terms of the agreement for at least 3 years after the date on which the agreement was entered into.

      Sec. 3.6. NRS 333.435 is hereby amended to read as follows:

      333.435  1.  Except as otherwise provided in subsection 2, a using agency shall purchase prescription drugs, pharmaceutical services, or medical supplies and related services, or any combination thereof, only through the Purchasing Division.

      2.  A using agency may, on its own behalf or in cooperation with one or more other using agencies or , in accordance with the provisions of subsection 3 of NRS 277.110, other governmental entities or private entities within or outside this State, purchase prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division if the using agency or using agencies or other governmental entities, as applicable, can obtain the best value for prescription drugs, pharmaceutical services, or medical supplies and related services from the other entity and the Purchasing Division is unable to match or exceed that best value in a timely manner.

      3.  If a using agency purchases prescription drugs, pharmaceutical services, or medical supplies and related services from an entity other than the Purchasing Division pursuant to subsection 2, the using agency shall report to the Purchasing Division, within 10 days after the initial purchase:

      (a) The purchase price for the prescription drugs, pharmaceutical services, or medical supplies and related services; and

      (b) The name, address and telephone number of the entity that sold the using agency the prescription drugs, pharmaceutical services, or medical supplies and related services.

      Sec. 4. (Deleted by amendment.)

      Sec. 5.  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. 6.  This act becomes effective upon passage and approval.

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