[Rev. 3/13/2024 9:50:34 AM]

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CHAPTER 211, AB 408

Assembly Bill No. 408–Assemblywoman Brown-May

 

CHAPTER 211

 

[Approved: June 6, 2023]

 

AN ACT relating to motor vehicles; authorizing the removal of a vehicle or part of a vehicle from the highway following the issuance of a citation for reckless driving; requiring the inclusion of certain information regarding certain deviations from the rates set forth in certain schedules and tariffs in the annual report submitted by the operator of a tow car to the Nevada Transportation Authority; revising provisions governing the towing of a motor vehicle requested by a person other than the owner of the vehicle; prohibiting a tow car operator from charging fees or costs for the storage of a vehicle until the vehicle has been stored for a certain period; requiring the operator of a tow car to consider charging a lower rate for the storage and removal of the vehicle under certain circumstances; requiring the operator of a tow car to display certain information in his or her place of business; revising provisions prohibiting the solicitation of a tort victim to employ, hire or retain any attorney at law in certain circumstances; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a law enforcement officer to remove, or cause to be removed, a vehicle or part of a vehicle found on the highway to a place of safekeeping under certain circumstances. (NRS 484B.443) Section 1 of this bill authorizes a law enforcement officer to take such action if the person driving or in actual physical control of the vehicle is issued a citation for reckless driving. Section 3 of this bill provides that the provisions of law requiring a tow car operator to allow the owner, or agent of the owner, of a motor vehicle that has been connected to a tow car to obtain the release of the vehicle at the point of origination of the towing do not apply if the towing was requested by a law enforcement officer pursuant to the amendatory provisions of section 1.

      Existing law makes it unlawful for a person to drive a vehicle in an unauthorized trick driving display or to facilitate an unauthorized trick driving display on a public highway. (NRS 484B.653) Section 2 of this bill additionally prohibits a person from driving a vehicle in an unauthorized trick driving display or facilitating an unauthorized trick driving display on premises to which the public has access.

      Existing law provides that an owner of real property may not have a vehicle towed from a residential complex solely because the registration of the vehicle is expired. (NRS 706.4477) Section 3.1 of this bill: (1) prohibits an operator from charging any fee or cost for the towing of a vehicle solely because the registration of the vehicle is expired; and (2) provides that the towing of such a vehicle by an operator is a violation subject to certain penalties.

      Existing law further requires the owner of a vehicle that has been towed to pay a hardship tariff, instead of the normal rate, for the cost of removal and storage of the vehicle if: (1) the vehicle was towed from a residential complex at the request of a person other than the owner of the vehicle or the owner’s authorized agent because the vehicle was not registered in this State or any other state; and (2) the owner is unable to pay the normal rate for reasons outside of the owner’s control. (NRS 706.4477) Section 3.1 removes the requirement for the owner of a vehicle to pay a hardship tariff under these circumstances and instead requires an operator of a tow car to consider charging a lower rate for the removal and storage of a motor vehicle if the owner is unable to pay the normal rate for reasons outside of the owner’s control.

 


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owner is unable to pay the normal rate for reasons outside of the owner’s control. Section 3.1 requires an operator of a tow car to display a written notice in his or her place of business: (1) regarding the requirement for the operator to consider charging a lower rate; and (2) containing a telephone number for the Authority where a person may report certain alleged violations of law.

      Existing law requires each fully regulated carrier, operator of a tow car and common or contract motor carrier regulated by the Nevada Transportation Authority to furnish an annual report to the Authority in the form and detail required by the Authority. (NRS 706.167) Section 2.9 of this bill requires the annual report submitted by the operator of a tow car to include the number of times that the operator deviated from the otherwise applicable schedule or tariff to charge a lower rate during the calendar year.

      Existing law prohibits a person, in exchange for compensation, from soliciting a tort victim to employ, hire or retain any attorney at law at the scene of a traffic crash that may result in a civil action or at a county or city jail or detention facility. Existing law authorizes a tort victim to void any contract, agreement or obligation that is made, obtained, procured or incurred in violation of this prohibition. (NRS 7.045) Section 3.9 of this bill: (1) further prohibits a person from soliciting a tort victim at any medical facility or other location where a provider of health care performs health care services or within 72 hours after the time that the tort occurred; and (2) prohibits such solicitations regardless of whether the solicitation is in exchange for compensation. Section 3.9 provides that any contract, agreement or obligation made, obtained, procured or incurred in violation of the prohibition against such solicitations is void. Section 3.9 establishes certain amounts which may be obtained from a civil action brought for a prohibited solicitation and revises the applicable criminal penalties.

 

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 484B.443 is hereby amended to read as follows:

      484B.443  1.  Except as otherwise provided in subsection 2, whenever any law enforcement officer finds a vehicle standing upon a highway in violation of any of the provisions of chapters 484A to 484E, inclusive, of NRS, the officer may move the vehicle, or require the driver or person in charge of the vehicle to move it, to a position off the paved, improved or main-traveled part of the highway.

      2.  Whenever any law enforcement officer finds a vehicle, the cargo of a vehicle or other property unattended, disabled or spilled upon any highway, bridge or causeway, or in any tunnel, where the vehicle, cargo or property constitutes an obstruction to traffic, interferes with the normal flow of traffic or otherwise endangers public safety, the officer or the law enforcement agency employing the officer, in coordination with unified command, if applicable, may provide for the immediate removal of the vehicle, cargo or property to a position where the vehicle, cargo or property no longer constitutes an obstruction to traffic, interferes with the normal flow of traffic or otherwise endangers public safety.

      3.  Except as otherwise provided in subsection 2, any law enforcement officer may, subject to the requirements of subsection 4, remove any vehicle or part of a vehicle found on the highway, or cause it to be removed, to a garage or other place of safekeeping if:

 


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      (a) The vehicle has been involved in a crash and is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle;

      (b) The person driving or in actual physical control of the vehicle is arrested for any alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; [or]

      (c) The person driving or in actual physical control of the vehicle has been issued a citation for reckless driving pursuant to NRS 484B.653; or

      (d) The person in charge of the vehicle is unable to provide for its custody or removal within:

             (1) Twenty-four hours after abandoning the vehicle on any freeway, United States highway or other primary arterial highway.

             (2) Seventy-two hours after abandoning the vehicle on any other highway.

      4.  Unless a different course of action is necessary to preserve evidence of a criminal offense, a law enforcement officer who wishes to have a vehicle or part of a vehicle removed from a highway pursuant to subsection 3 shall, in accordance with any applicable protocol such as a rotational schedule regarding the selection and use of towing services, cause the vehicle or part of a vehicle to be removed by a tow car operator. The tow car operator shall, to the extent practicable and using the shortest and most direct route, remove the vehicle or part of a vehicle to the garage of the tow car operator unless directed otherwise by the officer. The tow car operator is liable for any loss of or damage to the vehicle or its contents that occurs while the vehicle is in the possession or control of the tow car operator.

      5.  A person or entity, including a law enforcement officer, the law enforcement agency employing the law enforcement officer, unified command or a tow car operator who provides for the removal of a vehicle, the cargo of a vehicle or other property pursuant to subsection 2:

      (a) Is not liable for any loss of or damage to the vehicle, the contents of the vehicle, the cargo or the property that is removed; and

      (b) Must make a reasonable attempt, as soon as practicable, to notify the owner of the vehicle, cargo or property as to the location of the vehicle, cargo or property if the owner of the vehicle or property is not present at the time of removal and the owner of the vehicle, cargo or property is ascertainable by the officer.

      6.  All costs incurred under the provisions of subsection 2 must be borne by the owner of the vehicle, cargo or property.

      7.  As used in this section:

      (a) “Traffic incident” has the meaning ascribed to it in NRS 484B.607.

      (b) “Unified command” means a group of law enforcement officers or other persons organized to provide a coordinated response to a traffic incident which requires two or more responding entities within a jurisdiction or which requires responding entities from two or more jurisdictions. The responding entities may include, without limitation, police, fire or emergency medical personnel, a tow car operator, or a state or local governmental entity responsible for roadway or other infrastructure repair or maintenance.

 


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      Sec. 2. NRS 484B.653 is hereby amended to read as follows:

      484B.653  1.  It is unlawful for a person to:

      (a) Drive a vehicle in willful or wanton disregard of the safety of persons or property on a highway or premises to which the public has access.

      (b) Drive a vehicle in an unauthorized speed contest on a highway or premises to which the public has access.

      (c) Organize an unauthorized speed contest on a highway or premises to which the public has access.

      (d) Drive a vehicle in an unauthorized trick driving display on a [public] highway [.] or premises to which the public has access.

      (e) Facilitate an unauthorized trick driving display on a [public] highway [.] or premises to which the public has access.

Ê A violation of paragraph (a), (b) or (d) of this subsection or subsection 1 of NRS 484B.550 constitutes reckless driving.

      2.  If, while violating the provisions of subsections 1 to 5, inclusive, of NRS 484B.270, NRS 484B.280, paragraph (a) or (c) of subsection 1 of NRS 484B.283, NRS 484B.350, subsections 1 to 4, inclusive, of NRS 484B.363 or subsection 1 of NRS 484B.600, the driver of a motor vehicle on a highway or premises to which the public has access is the proximate cause of a collision with a pedestrian or a person riding a bicycle, an electric bicycle or an electric scooter, the violation constitutes reckless driving.

      3.  A person who violates paragraph (a) of subsection 1 is guilty of a misdemeanor and:

      (a) For the first offense, shall be punished:

             (1) By a fine of not less than $250 but not more than $1,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (b) For the second offense, shall be punished:

             (1) By a fine of not less than $1,000 but not more than $1,500; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense, shall be punished:

             (1) By a fine of not less than $1,500 but not more than $2,000; or

             (2) By both fine and imprisonment in the county jail for not more than 6 months.

      4.  A person who violates paragraph (b) or (c) of subsection 1 or commits a violation which constitutes reckless driving pursuant to subsection 2 is guilty of a misdemeanor and:

      (a) For the first offense:

             (1) Shall be punished by a fine of not less than $250 but not more than $1,000;

             (2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense:

             (1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;

             (2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and

 


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             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (c) For the third and each subsequent offense:

             (1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;

             (2) Shall perform 200 hours of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      5.  In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 4, the court:

      (a) Shall issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;

      (b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order;

      (c) For the first offense, may issue an order impounding, for a period of 15 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense; and

      (d) For the second and each subsequent offense, shall issue an order impounding, for a period of 30 days, any vehicle that is registered to the person who violates paragraph (b) or (c) of subsection 1 if the vehicle is used in the commission of the offense.

      6.  A person who violates paragraph (d) of subsection 1 is guilty of a gross misdemeanor and:

      (a) For the first offense:

             (1) Shall be punished by a fine of not less than $1,000 but not more than $1,500;

             (2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 364 days.

      (b) For the second offense and each subsequent offense:

             (1) Shall be punished by a fine of not less than $1,500 but not more than $2,000;

             (2) Shall perform 200 hours of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 364 days.

      7.  A person who violates paragraph (e) of subsection 1 is guilty of:

      (a) For the first offense, a misdemeanor and:

             (1) Shall be punished by a fine of not more than $1,000;

             (2) Shall perform not less than 50 hours, but not more than 99 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 6 months.

      (b) For the second offense and each subsequent offense, a gross misdemeanor and:

             (1) Shall be punished by a fine of not less than $1,000 and not more than $1,500;

 


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             (2) Shall perform not less than 100 hours, but not more than 199 hours, of community service; and

             (3) May be punished by imprisonment in the county jail for not more than 364 days.

      8.  In addition to any fine, community service and imprisonment imposed upon a person pursuant to subsection 6 or 7, the court:

      (a) May issue an order suspending the driver’s license of the person for a period of not less than 6 months but not more than 2 years and requiring the person to surrender all driver’s licenses then held by the person;

      (b) Within 5 days after issuing an order pursuant to paragraph (a), shall forward to the Department any licenses, together with a copy of the order; and

      (c) May issue an order impounding, for a period of 30 days, any vehicle that is registered to the person if the vehicle is used in the commission of the offense.

      9.  Unless a greater penalty is provided pursuant to subsection 4 of NRS 484B.550, a person who does any act or neglects any duty imposed by law while driving or in actual physical control of any vehicle on a highway or premises to which the public has access in willful or wanton disregard of the safety of persons or property, if the act or neglect of duty proximately causes the death of or substantial bodily harm to another 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 1 year and a maximum term of not more than 6 years and by a fine of not less than $2,000 but not more than $5,000.

      10.  A person who violates any provision of this section may be subject to any additional penalty set forth in NRS 484B.130 or 484B.135 unless the person is subject to the penalty provided pursuant to subsection 4 of NRS 484B.550.

      11.  As used in this section:

      (a) “Facilitate” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized trick driving display or in any other way participate in an unauthorized trick driving display, including, without limitation:

             (1) Using a vehicle to divert, slow, impede or otherwise block traffic with the intent to enable or assist an unauthorized trick driving display; or

             (2) Filming or otherwise recording an unauthorized trick driving display with the intent to promote an unauthorized trick driving display.

      (b) “Organize” means to plan, schedule or promote, or assist in the planning, scheduling or promotion of, an unauthorized speed contest on a [public] highway [,] or premises to which the public has access, regardless of whether a fee is charged for attending the unauthorized speed contest.

      (c) “Trick driving display” means using a vehicle to perform tricks, stunts or other maneuvers on a [public] highway , or premises to which the public has access, upon which traffic has been diverted, slowed, impeded or blocked to enable the performing of such tricks, stunts or maneuvers or having such tricks, stunts or maneuvers filmed or otherwise recorded.

      Secs. 2.2, 2.4, 2.6 and 2.8. (Deleted by amendment.)

 


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      Sec. 2.9. NRS 706.167 is hereby amended to read as follows:

      706.167  1.  Each fully regulated carrier, operator of a tow car and common or contract carrier regulated by the Authority shall:

      (a) Keep uniform and detailed accounts of all business transacted in the manner required by the Authority by regulation and render them to the Authority upon its request.

      (b) Furnish an annual report to the Authority in the form and detail that it prescribes by regulation.

Ê The regulations of the Authority may not require an operator of a tow car to keep accounts and report information concerning towing services other than information that is necessary to permit the Authority to enforce the provisions of NRS 706.011 to 706.791, inclusive.

      2.  Except as otherwise provided in subsection 3, the reports required by this section must be prepared for each calendar year and submitted not later than May 15 of the year following the year for which the report is submitted.

      3.  A carrier may, with the permission of the Authority, prepare the reports required by this section for a year other than a calendar year that the Authority specifies and submit them not later than a date specified by the Authority in each year.

      4.  If the Authority finds that necessary information is not contained in a report submitted pursuant to this section, it may call for the omitted information at any time.

      5.  The Authority shall require an operator of a tow car to include in his or her annual report the number of times the operator deviated from the otherwise applicable schedule or tariff to charge a lower rate pursuant to NRS 706.4477 during the calendar year.

      Sec. 3. NRS 706.4469 is hereby amended to read as follows:

      706.4469  1.  The operator shall allow the owner, or agent of the owner, of a motor vehicle that has been connected to a tow car to obtain the release of the vehicle at the point of origination of the towing if:

      (a) A request is made to release the vehicle; and

      (b) Except as otherwise provided in subsection 2, the owner or agent pays a fee established by the operator for releasing the vehicle.

      2.  If a vehicle that has been connected to a tow car was requested to be towed pursuant to subparagraph (2) of paragraph (b) of subsection 2 of NRS 706.4477 and the owner, or agent of the owner, provides proof that the vehicle is registered pursuant to this chapter or chapter 482 of NRS or in any other state:

      (a) The operator shall immediately release the motor vehicle to the owner or agent; and

      (b) The owner or agent is not responsible for paying the fee established by the operator for releasing the vehicle.

      3.  The provisions of this section do not apply if a vehicle that has been connected to a tow car was requested to be towed by a law enforcement officer pursuant to paragraph (c) of subsection 3 of NRS 484B.443.

      4.  As used in this section, “provide proof” includes, without limitation, providing current registration documents in a physical format or in an electronic format as set forth in NRS 482.255 that predate the date on which the vehicle was connected to the tow car.

 


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      Sec. 3.1. NRS 706.4477 is hereby amended to read as follows:

      706.4477  1.  If towing is requested by a person other than the owner, or an agent of the owner, of the motor vehicle or a law enforcement officer or other person who is employed to enforce the laws, ordinances and codes of a local government:

      (a) The person requesting the towing must be the owner of the real property from which the vehicle is towed or an authorized agent of the owner of the real property and must sign a specific request for the towing. Except as otherwise provided in subsection 2, for the purposes of this section, the operator is not an authorized agent of the owner of the real property.

      (b) The area from which the vehicle is to be towed must be appropriately posted in accordance with state or local requirements.

      (c) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

      (d) The operator may be directed to terminate the towing by a law enforcement officer.

      2.  If, pursuant to subsection 1, the owner of the real property or authorized agent of the owner of the real property requests that a vehicle be towed from a residential complex at which the vehicle is located, the owner of the real property or authorized agent of the owner, which may be the tow operator if the tow operator has entered into a contract for that purpose with the owner of the real property:

      (a) Must:

             (1) Meet the requirements of subsection 1.

             (2) Except as otherwise provided in this subparagraph, if the vehicle is being towed pursuant to subparagraph (1) or (2) of paragraph (b), notify the owner or operator of the vehicle of the tow not less than 48 hours before the tow by affixing to the vehicle a sticker which provides the date and time after which the vehicle will be towed. The provisions of this subparagraph do not apply and the vehicle may be immediately towed if it is a vehicle for which a notice was previously affixed:

                   (I) For the same or a similar reason within the same residential complex.

                   (II) Three or more times during the immediately preceding 6 months within the same residential complex for any reason, regardless of whether the vehicle was subsequently towed.

      (b) May only have a vehicle towed:

             (1) Because of a parking violation;

             (2) If the vehicle is not registered pursuant to this chapter or chapter 482 of NRS or in any other state; or

             (3) If the vehicle is:

                   (I) Blocking a fire hydrant, fire lane or parking space designated for the handicapped; or

                   (II) Posing an imminent threat of causing a substantial adverse effect on the health, safety or welfare of the residents of the residential complex, which may include, without limitation, if the vehicle is parked in a space that is clearly marked for a specific resident or the use of a specific unit in the residential complex.

 


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      (c) May not have a vehicle towed solely because the registration of the vehicle is expired. An operator may not charge any fee or cost for towing a vehicle in violation of this paragraph. The towing of a vehicle solely because the registration of the vehicle is expired is a violation of this section, subject to the provisions of subsection 9.

      3.  If towing is requested by a county or city pursuant to NRS 244.3605 or 268.4122, as applicable:

      (a) Notice must be given to the appropriate law enforcement agency pursuant to state and local requirements.

      (b) The operator may be directed to terminate the towing by a law enforcement officer.

      4.  The owner of a motor vehicle towed pursuant to the provisions of subsection 1, 2 or 3:

      (a) Is presumed to have left the motor vehicle on the real property from which the vehicle is towed; and

      (b) Subject to the provisions of subsection 7, is responsible for the cost of removal and storage of the motor vehicle.

      5.  The owner may rebut the presumption in subsection 4 by showing that:

      (a) The owner transferred the owner’s interest in the motor vehicle:

             (1) Pursuant to the provisions set forth in NRS 482.399 to 482.420, inclusive; or

             (2) As indicated by a bill of sale for the vehicle that is signed by the owner; or

      (b) The vehicle is stolen, if the owner submits evidence that, before the discovery of the vehicle, the owner filed an affidavit with the Department or a written report with an appropriate law enforcement agency alleging the theft of the vehicle.

      6.  An operator shall not charge any fee or cost for the storage of the motor vehicle until at least 48 hours after the motor vehicle arrives and is registered at the place of storage. If the motor vehicle arrives at the place of storage after the regular business hours of the place of storage, the 48-hour period begins when the regular business hours of the place of storage next begin.

      7.  [The owner of the vehicle] An operator shall [pay] consider charging a [hardship] rate which is lower than the rate set forth in the otherwise applicable schedule or tariff for the cost of removal and storage of the motor vehicle if [:

      (a) A vehicle has been towed pursuant to subparagraph (2) of paragraph (b) of subsection 2;

      (b) The] the owner of the vehicle , [does not provide proof that the vehicle was registered pursuant to this chapter or chapter 482 of NRS or in any other state at the time the vehicle was towed; and

      (c) The owner,] for reasons outside of his or her control as determined by the regulations adopted pursuant to this section, is incapable of paying the normal rate charged for the removal and storage of the motor vehicle. An operator may deviate from the otherwise applicable schedule or tariff without the approval of the Authority to charge a lower rate pursuant to this subsection.

 


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[Ê] 8.  The Authority shall adopt regulations to carry out the provisions of this section, including, without limitation, [establishing a range of hardship tariffs a person may pay pursuant to this section and] setting forth what qualifies as a reason that is outside of the control of the owner.

      [8.]9.  If a motor vehicle is towed in violation of the provisions of this section or an operator charges any fee or cost for the towing of a motor vehicle in violation of this section:

      (a) The operator may be subject to a penalty in accordance with the provisions of NRS 706.756 to 706.781, inclusive; and

      (b) The owner of the vehicle may bring an action against the operator to recover any costs incurred by the person as a result of the violation, including, without limitation, any loss of income.

      10.  An operator shall display conspicuously in his or her place of business a written notice which must contain, in boldface type letters not less than 1 inch in height and 1 inch in width:

      (a) A statement that the operator must consider charging a lower rate under certain circumstances; and

      (b) A telephone number for the Authority where a person may report a violation of the provisions of this chapter.

      11.  As used in this section:

      (a) “Parking violation” means a violation of any:

             (1) State or local law or ordinance governing parking; or

             (2) Parking rule promulgated by the owner or manager of the residential complex that applies to vehicles on the property of the residential complex.

      (b) [“Provide proof” includes, without limitation, providing current registration documents in a physical format or in an electronic format as set forth in NRS 482.255 that predate the date on which the vehicle was towed.

      (c)] “Residential complex” means a group of apartments, condominiums or townhomes intended for use as residential units and for which a common parking area is provided, regardless of whether each resident or unit has been assigned a specific parking space in the common parking area.

      Secs. 3.3, 3.5 and 3.7. (Deleted by amendment.)

      Sec. 3.9. NRS 7.045 is hereby amended to read as follows:

      7.045  1.  Except as otherwise provided in this section, it shall be unlawful for a person [, in exchange for compensation,] to solicit a tort victim to employ, hire or retain any attorney at law:

      (a) At the scene of a traffic crash that may result in a civil action; [or]

      (b) At a county or city jail or detention facility [.] ;

      (c) At a medical facility or other location where a provider of health care performs health care services; or

      (d) Within 72 hours after the tort occurred.

      2.  It is unlawful for a person to conspire with another person to commit an act which violates the provisions of subsection 1.

      3.  This section does not prohibit or restrict:

      (a) A recommendation for the employment, hiring or retention of an attorney at law in a manner that complies with the Nevada Rules of Professional Conduct.

      (b) The solicitation of motor vehicle repair or storage services by a tow car operator.

 


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      (c) Any activity engaged in by police, fire or emergency medical personnel acting in the normal course of duty.

      (d) A communication by a tort victim with the tort victim’s insurer concerning the investigation of a claim or settlement of a claim for property damage.

      (e) Any inquiries or advertisements performed in the ordinary course of a person’s business.

      4.  [A tort victim may void any] Any contract, agreement or obligation that is made, obtained, procured or incurred with a tort victim in violation of this section [.] is void.

      5.  A tort victim who prevails in a civil action pursuant to this section:

      (a) May recover:

             (1) Twice the amount of actual damages he or she incurred from the violation of this section; and

             (2) An amount equal to twice the amount of the financial obligation imposed upon the tort victim by the contract, agreement or obligation that was made, obtained, procured or incurred in violation of this section.

      (b) Is entitled to reasonable attorney’s fees and costs.

      6.  A civil action pursuant to this section is subject to the limitation set forth in subsection 1 of NRS 11.190.

      7.  Any person who violates any of the provisions of this section [is] :

      (a) For the first offense, is guilty of a gross misdemeanor.

      [6.](b) For a second or any subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.

      8.  As used in this section, “tort victim” means a person:

      (a) Whose property has been damaged as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person;

      (b) Who has been injured or killed as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person; or

      (c) A parent, guardian, spouse, sibling or child of a person who has died as a result of any accident or motor vehicle crash that may result in a civil action, criminal action or claim for tort damages by or against another person.

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ê2023 Statutes of Nevada, Page 1298ê

 

CHAPTER 212, SB 208

Senate Bill No. 208–Senators Flores, Stone, Goicoechea; Daly, Krasner and Ohrenschall

 

CHAPTER 212

 

[Approved: June 6, 2023]

 

AN ACT relating to local governments; requiring the governing body of a county or city to enact ordinances relating to battery-charged fences; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the governing body of a county or city to enact ordinances that regulate certain health and safety issues. (NRS 244.355-244.369, 268.409-268.427) Sections 1 and 2 of this bill require the governing body of a county or city to enact an ordinance that regulates battery-charged fences. Sections 1 and 2 require that such an ordinance require that a battery-charged fence: (1) be located on property not designated for residential use or be located on property designated for residential use that is also located in a rural zoning area or governed by certain provisions of law relating to Lake Tahoe; (2) use a battery that is not more than 12 volts of direct current; (3) have an energizer that meets the most current standards set forth by the International Electrotechnical Commission; (4) be surrounded by a nonelectric perimeter fence or wall; (5) be not more than a certain height; and (6) be marked with certain conspicuous warning signs located on the battery-charged fence. Sections 1 and 2 prohibit such an ordinance from: (1) requiring a permit for the installation or use of a battery-charged fence that is in addition to an alarm system permit issued by the county or city; (2) imposing installation or operational requirements for a battery-charged fence that are inconsistent with the standards set forth by the International Electrotechnical Commission; or (3) prohibiting the installation or use of a battery-charged fence.

 

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

      1.  Except as otherwise provided in subsection 3, a board of county commissioners shall enact ordinances regulating battery-charged fences.

      2.  An ordinance enacted pursuant to this section must, without limitation, require that a battery-charged fence:

      (a) Be located on property that:

             (1) Is not designated for residential use; or

             (2) Is designated for residential use and the property:

                   (I) Is located in a rural zoning area; or

                   (II) Is governed by the provisions of NRS 278.780 to 278.828, inclusive;

      (b) Use a battery that is not more than 12 volts of direct current;

      (c) Have an energizer that meets the most current standards set forth by the International Electrotechnical Commission;

 


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ê2023 Statutes of Nevada, Page 1299 (CHAPTER 212, SB 208)ê

 

      (d) Be surrounded by a nonelectric perimeter fence or wall that is at least 5 feet in height;

      (e) Not be higher than 10 feet in height or 2 feet higher than the height of the nonelectric perimeter fence or wall described in paragraph (d), whichever is greater; and

      (f) Be marked with conspicuous warning signs that are located on the battery-charged fence at intervals of not more than 40 feet and that read: “WARNING: ELECTRIC FENCE.”

      3.  A board of county commissioners, in enacting an ordinance pursuant to this section, may not enact an ordinance that:

      (a) Requires a permit for the installation or use of a battery-charged fence that is in addition to any permit that is required to install an alarm system;

      (b) Imposes any installation or operational requirement for a battery-charged fence that is inconsistent with the most current standards set forth by the International Electrotechnical Commission; or

      (c) Prohibits the installation or use of a battery-charged fence.

      4.  As used in this section:

      (a) “Alarm system” means a device or system that transmits an audible, visual or electronic signal intended to summon or alert law enforcement. The term does not include a system which does not transmit a signal from outside of a building or residence and is intended to alert only occupants of a building or residence.

      (b) “Battery-charged fence” means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by a battery.

      Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 3, a city council or other governing body of an incorporated city shall enact ordinances regulating battery-charged fences.

      2.  An ordinance enacted pursuant to this section must, without limitation, require that a battery-charged fence:

      (a) Be located on property that:

             (1) Is not designated for residential use; or

             (2) Is designated for residential use and:

                   (I) Is located in a rural zoning area; or

                   (II) Is governed by the provisions of NRS 278.780 to 278.828, inclusive;

      (b) Use a battery that is not more than 12 volts of direct current;

      (c) Have an energizer that meets the most current standards set forth by the International Electrotechnical Commission;

      (d) Be surrounded by a nonelectric perimeter fence or wall that is at least 5 feet in height;

      (e) Not be higher than 10 feet in height or 2 feet higher than the height of the nonelectric perimeter fence or wall described in paragraph (d), whichever is greater; and

 


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ê2023 Statutes of Nevada, Page 1300 (CHAPTER 212, SB 208)ê

 

      (f) Be marked with conspicuous warning signs that are located on the battery-charged fence at intervals of not more than 40 feet and that read: “WARNING: ELECTRIC FENCE.”

      3.  A city council or other governing body of an incorporated city, in enacting an ordinance pursuant to this section, may not enact an ordinance that:

      (a) Requires a permit for the installation or use of a battery-charged fence that is in addition to any permit that is required to install an alarm system;

      (b) Imposes any installation or operational requirement for a battery-charged fence that is inconsistent with the most current standards set forth by the International Electrotechnical Commission; or

      (c) Prohibits the installation or use of a battery-charged fence.

      4.  As used in this section:

      (a) “Alarm system” means a device or system that transmits an audible, visual or electronic signal intended to summon or alert law enforcement. The term does not include a system which does not transmit a signal from outside of a building or residence and is intended to alert only occupants of a building or residence.

      (b) “Battery-charged fence” means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by a battery.

      Sec. 2.5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 3.  Any ordinance, regulation or rule enacted by a county or city before, on or after July 1, 2023, which conflicts with the provisions of this act is void and unenforceable.

      Sec. 4.  This act becomes effective on July 1, 2023.

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ê2023 Statutes of Nevada, Page 1301ê

 

CHAPTER 213, SB 34

Senate Bill No. 34–Committee on Judiciary

 

CHAPTER 213

 

[Approved: June 6, 2023]

 

AN ACT relating to legal services; authorizing the Attorney General or the chief legal officer or other authorized representative of a political subdivision of this State to provide legal representation to certain officers or employees of the State or a political subdivision thereof in certain actions or proceedings; revising provisions relating to special counsel employed by the Attorney General; revising provisions governing the legal representation of certain persons by the Attorney General; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Attorney General or the chief legal officer or other authorized representative of a political subdivision of this State to provide legal counsel to certain officers or employees of the State or a political subdivision of the State who are named as defendants in a civil action and certain other persons who are not officers or employees of the State or a political subdivision. Existing law authorizes the Attorney General, chief legal officer or other authorized representative to employ special counsel with respect to such civil actions if the Attorney General, chief legal officer or other authorized representative, as applicable, determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be provided by the Attorney General, chief legal officer or other authorized representative. (NRS 41.0339)

      Section 1 of this bill authorizes the Attorney General or the chief legal officer or other authorized representative of a political subdivision of the State to represent certain officers or employees of the State or a political subdivision thereof who are summoned or subpoenaed to appear in an action or proceeding in which the person is not a named defendant if: (1) the person submits a written request for representation; and (2) the Attorney General, chief legal officer or other authorized representative, as applicable, determines that such representation is in the best interest of the State or a political subdivision of the State. Section 1 also authorizes the Attorney General, chief legal officer or other authorized representative to employ special counsel with respect to such actions or proceedings if the Attorney General, chief legal officer or other authorized representative, as applicable, determines that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be provided by the Attorney General, chief legal officer or other authorized representative. Section 2 of this bill makes a conforming change to indicate the appropriate placement of section 1 in the Nevada Revised Statutes.

      Existing law defines the term “state judicial officer” to mean a justice of the Supreme Court, senior justice, judge of a district court or senior judge. (NRS 41.03385) Section 3.3 of this bill revises the term to include a judge or senior judge of the Court of Appeals.

      Existing law requires that certain determinations relating to the employment of special counsel be made by the Attorney General prior to trial. (NRS 41.03435) Section 3.7 of this bill removes the requirement that such determinations be made prior to trial.

      In general, existing law: (1) provides that the Attorney General and his or her deputies are the legal advisers on all state matters arising in the Executive Department of the State Government; and (2) prohibits persons in the Executive Department from employing other counsel to represent the State or any agency in the Executive Department unless the Attorney General and the deputies of the Attorney General are disqualified to act in the matter. (NRS 228.110) Section 4 of this bill authorizes a person in the Executive Department to employ counsel other than the Attorney General to represent the State or any agency in the Executive Department if the Attorney General determines that it is impracticable, uneconomical or could constitute a conflict of interest for the Attorney General or a deputy of the Attorney General to serve as the legal adviser on the matter.

 


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ê2023 Statutes of Nevada, Page 1302 (CHAPTER 213, SB 34)ê

 

person in the Executive Department to employ counsel other than the Attorney General to represent the State or any agency in the Executive Department if the Attorney General determines that it is impracticable, uneconomical or could constitute a conflict of interest for the Attorney General or a deputy of the Attorney General to serve as the legal adviser on the matter. Section 4 also requires compensation for such counsel to be paid out of: (1) the Reserve for Statutory Contingency Account; or (2) available federal grants or a permanent fund in the State Treasury other than the State General Fund.

      Section 4.3 of this bill requires the Office of the Attorney General to submit a report, on or before July 1 of each odd-numbered year, to the Director of the Legislative Counsel Bureau for distribution to the Joint Interim Standing Committee on the Judiciary that includes, without limitation, a list of each contract for outside legal counsel entered into by the Executive Department of State Government during the immediately preceding biennium and, for each such contract, the names of the parties to the contract and the monetary amount of the contract.

 

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

      1.  The official attorney may represent any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator summoned or subpoenaed to appear in an action or proceeding in which the person is not a named defendant, if:

      (a) Within 7 days after the delivery or service of the summons or subpoena, the person submits a written request for representation to the official attorney, and, if the person has an administrative supervisor, his or her administrative supervisor, unless a waiver is granted pursuant to subsection 9; and

      (b) The official attorney determines that such representation is in the best interest of the State or a political subdivision of the State.

      2.  As soon as reasonably practicable after receiving a request pursuant to subsection 1, the official attorney shall determine whether to represent the person who submitted the request and provide written notice of his or her determination to that person.

      3.  No fact pertaining to the arrangements or circumstances by which the State or a political subdivision or any attorney thereof represents any person or does not represent a person pursuant to this section is admissible in evidence in any action or proceeding, except in connection with an application to withdraw as the attorney of record.

      4.  If the official attorney determines that it is impracticable, uneconomical or could constitute a conflict of interest for the official attorney to provide the legal services associated with representing a person pursuant to this section, the official attorney may employ special counsel to render such legal services. Compensation for special counsel employed by an official attorney pursuant to this subsection must be paid in accordance with the requirements prescribed by NRS 41.03435 or 41.0344, as applicable.

 


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ê2023 Statutes of Nevada, Page 1303 (CHAPTER 213, SB 34)ê

 

      5.  At any time after a written request is submitted pursuant to subsection 1, the person requesting representation may employ his or her own counsel to represent him or her in the action or proceeding. At that time, the State or political subdivision is excused from any duty to represent that person and is not liable for any expenses associated with the action or proceeding, including, without limitation, court costs and attorney’s fees.

      6.  The official attorney may apply to a court to withdraw from representing a person pursuant to this section at any time after the official attorney has appeared in an action or proceeding to represent the person upon notice to the person. Such notice must include, without limitation, the reason for the requested withdrawal.

      7.  If a court grants a motion to withdraw brought by the official attorney pursuant to subsection 6, the State or any political subdivision has no duty to continue to represent the person who is the subject of the motion to withdraw.

      8.  The provisions of this section do not abrogate or otherwise alter or affect any immunity from, or protection against, any civil action or civil liability which is provided by law to a local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor, State Legislator, member of a state board or commission or member of a local board or commission for any act or omission relating to the person’s public duties or employment.

      9.  The official attorney may waive the requirement for notification prescribed by paragraph (a) of subsection 1 for good cause shown.

      10.  Nothing in this section shall be construed to require an official attorney to represent any present or former local judicial officer, state judicial officer, officer or employee of the State or a political subdivision, immune contractor or State Legislator in any action or proceeding.

      11.  As used in this section, “action or proceeding” means any action, suit, matter, cause, hearing, appeal or proceeding.

      Sec. 2. NRS 41.03375 is hereby amended to read as follows:

      41.03375  As used in NRS 41.03375 to 41.03473, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 41.03377, 41.0338 and 41.03385 have the meanings ascribed to them in those sections.

      Sec. 3. (Deleted by amendment.)

      Sec. 3.3. NRS 41.03385 is hereby amended to read as follows:

      41.03385  “State judicial officer” means a justice or senior justice of the Supreme Court, [senior justice,] judge or senior judge of the Court of Appeals or judge or senior judge of a district court . [or senior judge.]

      Sec. 3.7. NRS 41.03435 is hereby amended to read as follows:

      41.03435  The Attorney General may employ special counsel whose compensation must be fixed by the Attorney General, subject to the approval of the State Board of Examiners, if the Attorney General determines [at any time prior to trial] that it is impracticable, uneconomical or could constitute a conflict of interest for the legal service to be rendered by the Attorney General or a deputy attorney general. Compensation for special counsel must be paid out of:

 


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ê2023 Statutes of Nevada, Page 1304 (CHAPTER 213, SB 34)ê

 

      1.  The Reserve for Statutory Contingency Account; or

      2.  Available federal grants or a permanent fund in the State Treasury other than the State General Fund.

      Sec. 4. NRS 228.110 is hereby amended to read as follows:

      228.110  1.  Except as otherwise provided in NRS 228.111 to 228.1118, inclusive, and 228.112 to 228.1127, inclusive, or by specific statute:

      (a) The Attorney General and the duly appointed deputies of the Attorney General shall be the legal advisers on all state matters arising in the Executive Department of the State Government.

      (b) No officer, commissioner or appointee of the Executive Department of the Government of the State of Nevada shall employ any attorney at law or counselor at law to represent the State of Nevada within the State, or to be compensated by state funds, directly or indirectly, as an attorney acting within the State for the State of Nevada or any agency in the Executive Department thereof unless [the] :

             (1) The Attorney General and the deputies of the Attorney General are disqualified to act in such matter [.] ; or

             (2) The Attorney General determines that it is impracticable, uneconomical or could constitute a conflict of interest for the Attorney General or a deputy of the Attorney General to serve as the legal adviser in such matter.

      2.  Compensation for any attorney or counselor at law employed as special counsel by the Attorney General must be paid in accordance with the requirements prescribed by NRS 41.03435.

      3.  All claims for legal services rendered in violation of this section shall be void.

      Sec. 4.3.  On or before July 1 of each odd-numbered year, the Office of the Attorney General shall submit a report to the Director of the Legislative Counsel Bureau for distribution to the Joint Interim Standing Committee on the Judiciary that includes, without limitation:

      1.  A list of each contract entered into pursuant to NRS 228.110, as amended by section 4 of this act during the immediately preceding biennium; and

      2.  For each such contract listed in the report, the names of the parties to the contract and the monetary amount of the contract.

      Sec. 4.7.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 5.  1.  This section and sections 3, 3.3 and 3.7 of this act become effective upon passage and approval.

      2.  Sections 1, 2, 4, 4.3 and 4.7 of this act become effective on October 1, 2023.

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ê2023 Statutes of Nevada, Page 1305ê

 

CHAPTER 214, SB 211

Senate Bill No. 211–Senators D. Harris, Nguyen, Flores; Donate, Ohrenschall, Pazina and Scheible

 

CHAPTER 214

 

[Approved: June 6, 2023]

 

AN ACT relating to marriage; requiring, under certain circumstances, a county clerk to issue an amended certificate of marriage to a party to a marriage whose name has changed; eliminating the authority for an applicant for a marriage license to change his or her middle or last name at the time of issuance of a marriage license; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that if any information in a certificate of marriage is incorrect, the county clerk or the county recorder may charge and collect from a person certain fees for the preparation of an affidavit of correction and the filing of a corrected certificate of marriage. (NRS 122.135) Section 1.3 of this bill provides that if a marriage was solemnized in this State and a party to the marriage receives a certified copy of a court order from a court of this State or another state, the District of Columbia or any territory of the United States changing the name of the party, the county clerk of the county where the original marriage license was issued shall issue an amended certificate of marriage upon receipt of: (1) a certified copy of the original certificate of marriage; (2) a certified copy of the court order; (3) a notarized affidavit of amendment executed by the parties to the marriage; and (4) the applicable fees. Section 1.6 of this bill sets forth the form for any amended certificate of marriage that is issued pursuant to section 1.3.

      Existing law authorizes a board of county commissioners of a county whose population is 700,000 or more (currently only Clark County) to adopt an ordinance requiring a certificate of marriage to be filed in the office of the county clerk. (NRS 246.100) If a board of county commissioners has adopted such an ordinance, section 1.9 of this bill requires the county clerk to file the amended certificate of marriage in the office of the county clerk within 10 days after its issuance. If a board of county commissioners has not adopted such an ordinance, section 1.9 instead requires the party to whom the amended certificate of marriage is issued to file the amended certificate of marriage with the county recorder of the county where the original certificate of marriage was recorded within 10 days after its issuance.

      Existing law provides that at the time of issuance of a marriage license, an applicant or both applicants may elect to change the middle name or last name, or both, by which an applicant wishes to be known after solemnization of the marriage. An applicant for a marriage license may change his or her name pursuant to this provision only at the time of issuance of the license. (NRS 122.040) Section 2 of this bill eliminates this authority for such a name change at the time of issuance of a marriage license. Sections 3 and 4 of this bill make conforming changes to the format of marriage licenses and certificates of marriage to account for the elimination of that authority by section 2.

 


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ê2023 Statutes of Nevada, Page 1306 (CHAPTER 214, SB 211)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 122 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3, 1.6 and 1.9 of this act.

      Sec. 1.3. 1.  If a marriage was solemnized in this State and a party to the marriage receives a certified copy of a court order from a court of this State or another state, the District of Columbia or any territory of the United States changing the name of the party, the county clerk of the county where the original marriage license was issued to the party shall issue an amended certificate of marriage to that party that sets forth the new name of the party, upon receipt by the county clerk of:

      (a) A certified copy of the original certificate of marriage;

      (b) A certified copy of the court order;

      (c) A notarized affidavit of amendment prepared by the county clerk and executed by the parties to the marriage; and

      (d) The fees required pursuant to subsection 2.

      2.  The county clerk may charge and collect a fee of not more than $25 for the preparation of the affidavit of amendment pursuant to paragraph (c) of subsection 1. The party requesting the amended certificate of marriage must also pay any fee required pursuant to NRS 246.180 or NRS 247.305, as applicable, for the filing or recording of the amended certificate of marriage.

      3.  Upon compliance with subsection 1, the county clerk shall issue the amended certificate of marriage to the parties to the marriage.

      4.  The county clerk or county recorder, as applicable, shall maintain as a public record the original certificate of marriage and the amended certificate of marriage issued pursuant to this section.

      Sec. 1.6. 1.  An amended certificate of marriage issued pursuant to section 1.3 of this act must be substantially in the following form:

 

State of Nevada

Amended Certificate of Marriage

 

State of Nevada                              }

                                                           } ss.

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

 

      This is to acknowledge that a marriage officiant, did on the........ day of the month of........ of the year........, at................ (address or church),................ (city), Nevada, join in lawful wedlock............... (name), of................ (city), State of................, date of birth.........., and................ (name), of............... (city), State of................, date of birth........, with their mutual consent, in the presence of at least one witness.

 

(Seal of County Clerk)

 

       This certificate is issued to reflect an amendment made pursuant to Instrument No............. on file at the Office of the................

 


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ê2023 Statutes of Nevada, Page 1307 (CHAPTER 214, SB 211)ê

 

County [Clerk or Recorder] and the court order issued in................ County, State of................, Case No...........

 

       The original Certificate of Marriage No..........., recorded or filed as Instrument No..........., is on file at the Office of the................ County [Clerk or Recorder].

 

      2.  All information contained in the amended certificate of marriage must be typewritten or legibly printed in black ink, except the signatures.

      Sec. 1.9. 1.  If a county clerk issues an amended certificate of marriage pursuant to section 1.3 of this act and the board of county commissioners:

      (a) Has adopted an ordinance pursuant to NRS 246.100, the county clerk shall, within 10 days after its issuance, file the amended certificate of marriage in the office of the county clerk.

      (b) Has not adopted an ordinance pursuant to NRS 246.100, the party to whom the amended certificate of marriage is issued shall, within 10 days after receipt, file the amended certificate of marriage with the county recorder where the original certificate of marriage was recorded.

      2.  For the recording or filing of an amended certificate of marriage pursuant to this section, the county recorder or county clerk is entitled to the fees designated in subsection 2 of section 1.3 of this act.

      Sec. 2. NRS 122.040 is hereby amended to read as follows:

      122.040  1.  Before persons may be joined in marriage, a license must be obtained for that purpose from the county clerk of any county in the State. Except as otherwise provided in this subsection, the license must be issued at the county seat of that county. The board of county commissioners:

      (a) In a county whose population is 700,000 or more may, at the request of the county clerk, designate not more than five branch offices of the county clerk at which marriage licenses may be issued, if the designated branch offices are located outside of the county seat.

      (b) In a county whose population is less than 700,000 may, at the request of the county clerk, designate one branch office of the county clerk at which marriage licenses may be issued, if the designated branch office is established in a county office building which is located outside of the county seat.

      2.  Except as otherwise provided in this section, before issuing a marriage license, the county clerk shall require each applicant to provide proof of the applicant’s name and age. The county clerk may accept as proof of the applicant’s name and age an original or certified copy of any of the following:

      (a) A driver’s license, instruction permit or identification card issued by this State or another state, the District of Columbia or any territory of the United States.

      (b) A passport.

      (c) A birth certificate and:

             (1) Any secondary document that contains the name and a photograph of the applicant; or

             (2) Any document for which identification must be verified as a condition to receipt of the document.

 


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ê2023 Statutes of Nevada, Page 1308 (CHAPTER 214, SB 211)ê

 

Ê If the birth certificate is written in a language other than English, the county clerk may request that the birth certificate be translated into English and notarized.

      (d) A military identification card or military dependent identification card issued by any branch of the Armed Forces of the United States.

      (e) A Certificate of Citizenship, Certificate of Naturalization, Permanent Resident Card or Temporary Resident Card issued by the United States Citizenship and Immigration Services of the Department of Homeland Security.

      (f) Any other document that provides the applicant’s name and age. If the applicant clearly appears over the age of 25 years, no documentation of proof of age is required.

      3.  Except as otherwise provided in subsection 4, the county clerk issuing the license shall require each applicant to answer under oath each of the questions contained in the form of license. The county clerk shall, except as otherwise provided in this subsection, require each applicant to include the applicant’s social security number on the affidavit of application for the marriage license. If a person does not have a social security number, the person must state that fact. The county clerk shall not require any evidence to verify a social security number. If any of the information required is unknown to the person, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the applicant’s parents is unknown.

      4.  Upon finding that extraordinary circumstances exist which result in only one applicant being able to appear before the county clerk, the county clerk may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk, or may refer the applicant to the district court. If the applicant is referred to the district court, the district court may waive the requirements of subsection 3 with respect to the person who is unable to appear before the county clerk. If the district court waives the requirements of subsection 3, the district court shall notify the county clerk in writing. If the county clerk or the district court waives the requirements of subsection 3, the county clerk shall require the applicant who is able to appear before the county clerk to:

      (a) Answer under oath each of the questions contained in the form of license. The applicant shall answer any questions with reference to the other person named in the license.

      (b) Include the applicant’s social security number and the social security number of the other person named in the license on the affidavit of application for the marriage license. If either person does not have a social security number, the person responding to the question must state that fact. The county clerk shall not require any evidence to verify a social security number.

Ê If any of the information required on the application is unknown to the person responding to the question, the person must state that the answer is unknown. The county clerk shall not deny a license to an applicant who states that the applicant does not have a social security number or who states that any requested information concerning the parents of either the person who is responding to the question or the person who is unable to appear is unknown.

 


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ê2023 Statutes of Nevada, Page 1309 (CHAPTER 214, SB 211)ê

 

      5.  When the authorization of a district court is required because the marriage involves a minor, the county clerk shall issue the license if that authorization is given to the county clerk in writing.

      6.  [At the time of issuance of the license, an applicant or both applicants may elect to change the middle name or last name, or both, by which an applicant wishes to be known after solemnization of the marriage. The first name of each applicant selected for use by the applicant after solemnization of the marriage must be the same as the first name indicated on the proof of the applicant’s name submitted pursuant to subsection 2. An applicant may change his or her name pursuant to this subsection only at the time of issuance of the license. One or both applicants may adopt:

      (a) As a middle name, one of the following:

             (1) The current last name of the other applicant.

             (2) The last name of either applicant given at birth.

             (3) A hyphenated combination of the current middle name and the current last name of either applicant.

             (4) A hyphenated combination of the current middle name and the last name given at birth of either applicant.

      (b) As a last name, one of the following:

             (1) The current last name of the other applicant.

             (2) The last name of either applicant given at birth.

             (3) A hyphenated combination of the potential last names described in paragraphs (a) and (b).

      7.]  All records pertaining to marriage licenses are public records and open to inspection pursuant to the provisions of NRS 239.010.

      [8.]7.  A marriage license issued on or after July 1, 1987, expires 1 year after its date of issuance.

      Sec. 3. NRS 122.050 is hereby amended to read as follows:

      122.050  The marriage license must contain the name of each applicant as shown in the documents presented pursuant to subsection 2 of NRS 122.040 . [and the name, if any, selected by each applicant for use after the applicants are joined in marriage.] The marriage license must be substantially in the following form:

 

Marriage License

(Expires 1 Year After Issuance)

 

State of Nevada                                                              }

                                                                                           }ss.

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

 

       These presents are to authorize any minister, other church or religious official authorized to solemnize a marriage, notary public or marriage officiant who has obtained a certificate of permission to perform marriages, any Supreme Court justice, judge of the Court of Appeals or district judge within this State, or justice of the peace within a township wherein the justice of the peace is permitted to solemnize marriages or if authorized pursuant to subsection 3 of NRS 122.080, or a municipal judge if authorized pursuant to subsection 4 of NRS 122.080, or any commissioner of civil marriages or his or her deputy within a commissioner township wherein they are permitted to solemnize marriages or any mayor if authorized pursuant to subsection 5 of NRS 122.080, to join in marriage ........

 


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ê2023 Statutes of Nevada, Page 1310 (CHAPTER 214, SB 211)ê

 

subsection 5 of NRS 122.080, to join in marriage ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Name of Parent No. 1 ........ State of birth of Parent No. 1 (If not in U.S.A., name of country) ........ Name of Parent No. 2 ........ State of birth of Parent No. 2 (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ..... Former Spouse: Deceased ........ Divorced ........ Annulled ........ When ........ Where ........ And ........ of (City, town or location) ........, State of ........ State of birth (If not in U.S.A., name of country) ........; Date of birth ........ Name of Parent No. 1 ........ State of birth of Parent No. 1 (If not in U.S.A., name of country) ........ Name of Parent No. 2 ........ State of birth of Parent No. 2 (If not in U.S.A., name of country) ........ Number of this marriage (1st, 2nd, etc.) ........ Former Spouse: Deceased ........ Divorced ........ Annulled ........ When ........ Where ........; and to certify the marriage according to law. [After ........ (name) and ........ (name) are joined in marriage, ........ wishes to use the name ........ (New name) and ........ wishes to use the name ........ (New name) OR The parties have not designated any changes of name at the time of issuance of the marriage license.]

       Witness my hand and the seal of the county, this ..... day of the month of ………. of the year ............

 

                                                   .........................................................................

(Seal)                                                                        Clerk

 

                                                   .........................................................................

                                                                            Deputy clerk

      Sec. 4. NRS 122.120 is hereby amended to read as follows:

      122.120  1.  After a marriage is solemnized, the person solemnizing the marriage shall give to each couple being married an uncertified copy of a certificate of marriage.

      2.  The certificate of marriage must contain the date of birth of each applicant as contained in the form of marriage license pursuant to NRS 122.050. If two persons, regardless of gender, who are spouses of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, the certificate of marriage must state that the persons were rejoined in marriage and that the certificate is replacing a record of marriage which was lost or destroyed or is otherwise unobtainable. The certificate of marriage must be in substantially the following form:

 

State of Nevada

Marriage Certificate

 

State of Nevada                              }

                                                           }ss.

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

 

       This is to certify that the undersigned, ................................ (a minister or other church or religious official authorized to solemnize a marriage, notary public, judge, justice of the peace of ................................ County, commissioner of civil marriages, deputy commissioner of civil marriages, marriage officiant or mayor, as the case may be), did on the ................

 


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ê2023 Statutes of Nevada, Page 1311 (CHAPTER 214, SB 211)ê

 

commissioner of civil marriages, marriage officiant or mayor, as the case may be), did on the ................ day of the month of ................ of the year ..............., at ................ (address or church), ................ (city), Nevada, join or rejoin, as the case may be, in lawful wedlock ................ (name), of ................ (city), State of ................, date of birth ................, and ................ (name), of ................ (city), State of ................, date of birth ................, with their mutual consent, in the presence of ................ and ................ (witnesses). [After ............ (name) and ............ (name) are joined or rejoined in marriage, as the case may be, ............ (name) wishes to use the name ............ (New name) and ............ (name) wishes to use the name ............ (New name) OR The parties have not designated any changes of name at the time of issuance of the marriage license.] (If two persons, regardless of gender, who are the spouses of each other are being rejoined in marriage pursuant to subsection 2 of NRS 122.020, this certificate replaces the record of the marriage of the persons who are being rejoined in marriage.)

 

                                           .................................................................................

                                                         Signature of person performing

(Seal of County Clerk)                                 the marriage

 

                                           .................................................................................

                                                       Name under signature typewritten

                                                                  or printed in black ink

 

                                                          

                 County Clerk

 

                                           .................................................................................

                                                       Official title of person performing

                                                                          the marriage

 

                                                          

 

                                                          

       Couple’s mailing address

 

      3.  All information contained in the certificate of marriage must be typewritten or legibly printed in black ink, except the signatures. The signature of the person performing the marriage must be an original signature.

      Sec. 5.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 4, 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 January 1, 2024, for all other purposes.

________

 


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ê2023 Statutes of Nevada, Page 1312ê

 

CHAPTER 215, SB 407

Senate Bill No. 407–Senator Ohrenschall

 

CHAPTER 215

 

[Approved: June 6, 2023]

 

AN ACT relating to personal financial administration; revising provisions that govern estates of deceased persons; revising provisions governing the notice of sale of certain property; authorizing a petitioner to submit a notice through an electronic filing system pursuant to the Nevada Electronic Filing and Conversion Rules; making certain information concerning trusts confidential; revising provisions governing the classification of distribution of interests; revising the powers exercisable by the protector of a trust; revising provisions relating to the jurisdiction and venue of a trust; clarifying provisions relating to a notice provided by the trustee; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides that the estate of a decedent may be settled by the district court of any county in which any part of the estate is located or where the decedent was a resident at the time of death. (NRS 136.010) Section 1 of this bill provides that the jurisdiction of the settlement of the estate of a decedent may be assumed in the district court of any county in this State if: (1) the decedent was a resident of this State at the time of death; or (2) any part of the estate is located in this State. Existing law further provides that, if a decedent was a resident of this State at his or her time of death, the district court of any county in this State may assume jurisdiction of the settlement of the estate only after considering the convenience of the forum to certain parties. (NRS 136.010) Section 1 removes such provisions of law and instead provides that: (1) the venue of the settlement of the estate of the decedent is proper in any district court in this State; and (2) if an interested person objects to the venue on the basis of convenience, the court may determine the appropriate venue only after considering the convenience of the forum in relation to where the decedent died or owned property or the preferences of certain parties.

      Existing law provides that if a homestead was selected by the spouses and recorded while both were living, the homestead, upon the death of either spouse, vests absolutely in the survivor. If no homestead was selected, existing law provides that the homestead may be set apart by the court to the surviving spouse, minor child or minor children of the decedent for a limited period if the court deems it advisable after considering, among other things, the needs and resources of the family. (NRS 146.050) Section 2 of this bill clarifies that the court must consider the needs and resources of the surviving spouse, minor child or minor children of the decedent.

      If the value of an estate does not exceed $100,000, existing law authorizes the estate of the decedent to be set aside and assigned in a certain order without administration. (NRS 146.070) Section 3 of this bill authorizes the court to: (1) upon request, order any asset assigned and set apart to be distributed to a designated person who resides in this State; (2) order the designated person to distribute the assets to the persons entitled thereto; and (3) retain jurisdiction of the estate to enforce the orders of the court until the designated person can prove that all sums of money due and all property of the estate has been distributed properly.

 


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ê2023 Statutes of Nevada, Page 1313 (CHAPTER 215, SB 407)ê

 

      Existing law requires a notice of the time and place of sale of real property to be published in a certain manner before the sale is made. Under existing law, the court may waive the requirement of publication if, among other things, the personal representative is the sole devisee or heir of the estate or if all devisees or heirs of the estate consent in writing. (NRS 148.220) Section 4 of this bill provides that the court may waive the requirement of publication if the following persons consent in writing: (1) the personal representative, if he or she is the sole devisee or heir of the estate; (2) all devisees to whom the property is devised if the property is specifically devised in the decedent’s will; (3) all residuary devisees if the property is not specifically devised in the decedent’s will; or (4) in the case of an intestate estate, all heirs of the estate.

      Existing law requires that before the court can confirm a sale of real property at a private sale, the court must first, among other things, determine that the real property has been appraised within 1 year before the time of sale. Under existing law, the court can waive the requirement of an appraisement: (1) for good cause shown; or (2) if the personal representative is the sole devisee or heir of the estate, or if all devisees or heirs consent in writing to sale without an appraisal. (NRS 148.260) Section 5 of this bill authorizes the court to waive the requirement of an appraisement if the following people consent in writing to sale without an appraisal: (1) the personal representative, if he or she is the sole devisee or heir of the estate; (2) all devisees to whom the property is devised, if the property is specifically devised in the will of the decedent; (3) all residuary devisees, if the property is not specifically devised in the will of the decedent; and (4) in the case of an intestate estate, all heirs to the estate.

      Existing law requires a petitioner to provide notice of the time and place of the hearing of a petition to certain interested persons by: (1) mailing a copy by registered or ordinary first-class mail addressed to the person being notified; and (2) publishing a copy of the notice in certain newspapers under certain circumstances. (NRS 155.010) If the court has established an electronic filing system pursuant to the Nevada Electronic Filing and Conversion Rules, section 6 of this bill authorizes a petitioner to provide such notice to certain interested persons by submitting a copy of the notice through the electronic filing system of the court or through any other electronic means.

      Existing law authorizes the maker or legal representative of a maker of a will, trust or testamentary instrument to obtain declaratory relief under the testamentary instrument or with respect to the administration of the trust or certain estates for certain purposes. (NRS 30.040) Section 7 of this bill additionally authorizes an interested person or the legal representative of an interested person to obtain declaratory relief under the same circumstances.

      Section 9 of this bill provides that a settlor of a trust may use a method set forth in a trust instrument for determining whether the settlor or trustee is incapacitated. Section 16 of this bill authorizes a trustee presenting a certification of trust to include a declaration that the incapacity of the former trustee has been established pursuant to section 9 and that the current acting trustee has succeeded to the office of trustee. (NRS 164.410)

      Section 13 of this bill provides that certain information concerning trusts in pleadings and filings is confidential. Section 18 of this bill makes a conforming change to reflect that certain information concerning trusts in pleadings and filings is made confidential pursuant to section 13.

      Existing law classifies a distribution interest, among other classifications, as a support interest if the trustee is required to make distributions to the beneficiary pursuant to an ascertainable standard. (NRS 163.4185) Section 11 of this bill revises the circumstances under which a distribution interest is classified as a support interest.

      Existing law prescribes the powers and duties of a protector of a trust. (NRS 163.5553) Section 12 of this bill provides that, unless otherwise provided in the trust instrument: (1) the powers of a protector of a trust are fiduciary in nature; and (2) the trust instrument may define the scope and extent of the fiduciary standard applicable to the exercise of any of the powers and duties of a protector of a trust.

 


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ê2023 Statutes of Nevada, Page 1314 (CHAPTER 215, SB 407)ê

 

      Existing law provides that under certain circumstances, the district court is required to assume jurisdiction of a trust as a proceeding in rem. If the trustee does not reside or conduct business in this State, existing law provides that jurisdiction is proper in this State if, among other requirements: (1) the trust expressly provides that the trust originated in this State or that a court in this State has jurisdiction; (2) under certain circumstances, a person has designated that the trust originated in this State or that this State has jurisdiction; or (3) one or more beneficiaries of the trust reside in this State. (NRS 164.010) Section 14 of this bill: (1) provides that jurisdiction of a trust is proper in this State if the trust or a certain person expressly provides or designates that the trust originated in a county located in this State; (2) removes the requirement that one or more beneficiaries of the trust reside in this State; and (3) provides that jurisdiction is proper if any trustee resides or conducts business in this State.

      Existing law also provides that, for the purposes of determining venue, the court must consider the preference of counties in a certain order. (NRS 164.010) Section 14 specifies that for the purposes of determining venue in this State, the following preferences apply: (1) a county in which venue was most recently declared; (2) a county in which venue is declared in the trust instrument; (3) a county in which the situs or domicile of the trust is declared in a certification of trust; (4) a county in which any trustee resides or conducts business at the time of the filing of the petition; (5) a county in which any real property interest owned by the trust is located; and (6) a county in which any beneficiary resides.

      Existing law authorizes a trustee to provide notice to certain persons after a revocable trust becomes irrevocable and generally prohibits any person who is provided notice from bringing an action to contest the validity of the trust more than 120 days after notice is served. (NRS 164.021) Section 15 of this bill clarifies that the notice must contain the dispositive provisions of the trust instrument that pertain to the beneficiary or a complete copy of the trust instrument. Section 15 also authorizes a person to consent in writing to a period shorter than 120 days in which to bring an action to contest the validity of the trust.

      Section 17 of this bill makes a technical correction to a provision relating to the liability of a trustee or disinterested person who, in good faith, fails to take certain actions. (NRS 164.796)

 

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 136.010 is hereby amended to read as follows:

      136.010  1.  [The] Jurisdiction of the settlement of the estate of a decedent may be [settled by] assumed in the district court of any county in this State [:] if:

      (a) [In which any part of the estate is located;] The decedent was a resident of this State at the time of death; or

      (b) [Where the decedent was a resident at the time of death.] Any part of the estate of the decedent is located in this State.

      2.  [If the decedent was a resident of this State at the time of death, the district court of any county in this State, whether death occurred in that county or elsewhere, may assume jurisdiction] Venue of the settlement of the estate of [the] a decedent is proper in any district court in this State. If an interested person objects to the venue on the basis of convenience, the court may determine the appropriate venue only after [taking into consideration] considering, in order of priority, the convenience of the forum to:

 


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ê2023 Statutes of Nevada, Page 1315 (CHAPTER 215, SB 407)ê

 

      (a) Where the decedent resided at the time of death;

      (b) Where the decedent owned real property;

      (c) The preference of the person named as personal representative or trustee in the will; and

      [(b)](d) The preference of the heirs, devisees, interested persons or beneficiaries to the decedent or estate and their legal counsel.

      3.  After a properly noticed hearing is held, the district court that first assumes jurisdiction of the settlement of an estate has exclusive jurisdiction of the settlement of that estate, including, without limitation:

      (a) The proving of wills;

      (b) The granting of letters; and

      (c) The administration of the estate.

      Sec. 2. NRS 146.050 is hereby amended to read as follows:

      146.050  1.  If the homestead was selected by the spouses, or either of them, during their marriage, and recorded while both were living, as provided in chapter 115 of NRS, it vests, on the death of either spouse, absolutely in the survivor, unless vesting is otherwise required pursuant to subsection 2 of NRS 115.060.

      2.  If no homestead was so selected, a homestead may be set apart by the court to the surviving spouse, minor child or minor children of the decedent for a limited period if deemed advisable considering the needs and resources of the [family] surviving spouse, minor child or minor children of the decedent and the nature, character and obligations of the estate. The duration of the homestead must be designated in the order setting it apart and may not extend beyond the lifetime of the surviving spouse or the minority of any child of the decedent, whichever is longer. A homestead so set apart then vests, subject to the setting apart:

      (a) If set apart from the separate property of the decedent, in the heirs or devisees of the decedent.

      (b) If set apart from community property, one-half in the surviving spouse and one-half in the devisees of the decedent, or if no disposition is made, then entirely in the surviving spouse.

      3.  In either case referred to in subsection 1 or 2, the homestead is not subject to the payment of any debt or liability existing against the spouses, or either of them, at the time of death of either, unless the debt or liability is secured by a mortgage or lien.

      Sec. 3. NRS 146.070 is hereby amended to read as follows:

      146.070  1.  All or part of the estate of a decedent may be set aside without administration by the order of the court as follows:

      (a) If the value of a decedent’s estate does not exceed $100,000, the estate may be set aside without administration by the order of the court; or

      (b) If a decedent’s will directs that all or part of the decedent’s estate is to be distributed to the trustee of a nontestamentary trust established by the decedent and in existence at the decedent’s death, the portion of the estate subject to such direction may be set aside without administration. Any portion of a decedent’s estate set aside to the nontestamentary trust pursuant to this paragraph is subject to creditors of the estate unless the petitioner provides proof to the court that the trustee has published or mailed the requisite notice to such creditors on behalf of the nontestamentary trust and settlor pursuant to NRS 164.025.

 


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ê2023 Statutes of Nevada, Page 1316 (CHAPTER 215, SB 407)ê

 

      2.  Except as otherwise provided in subsection 3, the whole estate set aside pursuant to paragraph (a) of subsection 1 must be assigned and set apart in the following order:

      (a) To the payment of the petitioner’s attorney’s fees and costs incurred relative to the proceeding under this section;

      (b) To the payment of funeral expenses, expenses of last illness, money owed to the Department of Health and Human Services as a result of payment of benefits for Medicaid and creditors, if there are any;

      (c) To the payment of other creditors, if any; and

      (d) Any balance remaining to the claimant or claimants entitled thereto pursuant to a valid will of the decedent, and if there is no valid will, pursuant to intestate succession in accordance with chapter 134 of NRS.

      3.  If the value of the estate does not exceed $100,000 and the decedent is survived by a spouse or one or more minor children, the court must set aside the estate for the benefit of the surviving spouse or the minor child or minor children of the decedent, subject to any reduction made pursuant to subsection 4 or 5. The court may allocate the entire estate to the surviving spouse, the entire amount to the minor child or minor children, or may divide the estate among the surviving spouse and minor child or minor children.

      4.  As to any amount set aside to or for the benefit of the surviving spouse or minor child or minor children of the decedent pursuant to subsection 3, the court must set aside the estate without the payment of creditors except as the court finds necessary to prevent a manifest injustice.

      5.  To prevent an injustice to creditors when there are nonprobate transfers that already benefit the surviving spouse or minor child or minor children of the decedent, the court has the discretion to reduce the amount set aside under subsection 3 to the extent that the value of the estate, when combined with the value of nonprobate transfers, as defined in NRS 111.721, from the decedent to or for the benefit of the surviving spouse or minor child or minor children of the decedent exceeds $100,000.

      6.  In exercising the discretion granted in this section, the court shall consider the needs and resources of the surviving spouse and minor child or minor children, including any assets received by or for the benefit of the surviving spouse or minor child or minor children from the decedent by nonprobate transfers.

      7.  For the purpose of this section, a nonprobate transfer from the decedent to one or more trusts or custodial accounts for the benefit of the surviving spouse or minor child or minor children shall be considered a transfer for the benefit of such spouse or minor child or minor children.

      8.  Proceedings taken under this section must not begin until at least 30 days after the death of the decedent and must be originated by a petition containing:

      (a) A specific description of all property in the decedent’s estate;

      (b) A list of all known liens and encumbrances against estate property at the date of the decedent’s death, with a description of any that the petitioner believes may be unenforceable;

      (c) An estimate of the value of the property, together with an explanation of how the estimated value was determined;

      (d) A statement of the debts of the decedent so far as known to the petitioner;

 


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ê2023 Statutes of Nevada, Page 1317 (CHAPTER 215, SB 407)ê

 

      (e) The names and residences of the heirs and devisees of the decedent and the age of any who is a minor and the relationship of the heirs and devisees to the decedent, so far as known to the petitioner; and

      (f) If the decedent left a will, a statement concerning all evidence known to the petitioner that tends to prove that the will is valid.

      9.  If the petition seeks to have the estate set aside for the benefit of the decedent’s surviving spouse or minor child or minor children without payment to creditors, the petition must also contain:

      (a) A specific description and estimated value of property passing by one or more nonprobate transfers from the decedent to the surviving spouse or minor child or minor children; or

      (b) An allegation that the estimated value of the property sought to be set aside, combined with the value of all nonprobate transfers from the decedent to the surviving spouse or minor child or minor children who are seeking to receive property pursuant to this section, is less than $100,000.

      10.  When property is distributed pursuant to an order granted under this section, the court may allocate the property on a pro rata basis or a non-pro rata basis.

      11.  The clerk shall set the petition for hearing and the petitioner shall give notice of the petition and hearing in the manner provided in NRS 155.010 to the decedent’s heirs and devisees and to the Director of the Department of Health and Human Services. If a complete copy of the petition is not enclosed with the notice, the notice must include a statement setting forth to whom the estate is being set aside.

      12.  No court or clerk’s fees may be charged for the filing of any petition in, or order of court thereon, or for any certified copy of the petition or order in an estate not exceeding $2,500 in value.

      13.  At the hearing on a petition under this section, the court may require such additional evidence as the court deems necessary to make the findings required under subsection 14.

      14.  The order granting the petition shall include:

      (a) The court’s finding as to the validity of any will presented;

      (b) The court’s finding as to the value of the estate and, if relevant for the purposes of subsection 5, the value of any property subject to nonprobate transfers;

      (c) The court’s determination of any property set aside under subsection 2;

      (d) The court’s determination of any property set aside under subsection 3, including, without limitation, the court’s determination as to any reduction made pursuant to subsection 4 or 5; and

      (e) The name of each distributee and the property to be distributed to the distributee.

      15.  As to the distribution of the share of a minor child set aside pursuant to this section, the court may direct the manner in which the money may be used for the benefit of the minor child as is deemed in the court’s discretion to be in the best interests of the minor child, and the distribution of the minor child’s share shall be made as permitted for the minor child’s share under the terms of the decedent’s will or to one or more of the following:

      (a) A parent of such minor child, with or without the filing of any bond;

      (b) A custodian under chapter 167 of NRS; or

      (c) A court-appointed guardian of the estate, with or without bond.

 


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ê2023 Statutes of Nevada, Page 1318 (CHAPTER 215, SB 407)ê

 

      16.  The court, upon request of a petitioner under this section and upon such terms and conditions the court deems advisable to protect any interested person of the estate:

      (a) May order that any asset assigned and set apart pursuant to subsection 2 be distributed first to a designated person who resides in this State and is otherwise qualified pursuant to NRS 139.010;

      (b) May order the designated person to distribute the assets to the person or persons entitled thereto; and

      (c) Shall retain jurisdiction to enforce its orders until the designated person demonstrates to the court, by the production of satisfactory receipts, that all sums of money due and all the property of the estate has been distributed to the persons entitled thereto and all acts lawfully required have been performed.

      17.  For the purposes of this section, the value of property must be the fair market value of that property, reduced by the value of all enforceable liens and encumbrances. Property values and the values of liens and encumbrances must be determined as of the date of the decedent’s death.

      Sec. 4. NRS 148.220 is hereby amended to read as follows:

      148.220  1.  Notice of the time and place of sale of real property must be published in a newspaper published in the county in which the property, or some portion of the property, is located, if there is one so published, and if not, then in such paper as the court directs, for 2 weeks, being three publications, 1 week apart, before the day of sale or, in the case of a private sale, before the day on or after which the sale is to be made. For good cause shown, the court may decrease the number of publications to one and shorten the time for publication to a period not less than 8 days.

      2.  The court may waive the requirement of publication if:

      (a) The [personal representative is the sole devisee or heir of the estate, or if all devisees or heirs of the estate] following persons consent in writing [;] :

             (1) The personal representative, if he or she is the sole devisee or heir of the estate;

             (2) If the property is specifically devised in the will of the decedent, all devisees to whom the property is devised;

             (3) If the property is not specifically devised in the will of the decedent, all residuary devisees; or

             (4) In the case of an intestate estate, all heirs of the estate.

      (b) The personal representative provides proof that the property has been publicly listed in a public property listing service for a period of not less than 30 days; or

      (c) The estate is subject to a lien or mortgage on the property in excess of the value of the real property and the estate has entered into an agreement with the holder of the lien or mortgage to waive the deficiency and accept the net sales proceeds.

      3.  If it appears from the inventory and appraisement that the value of the property to be sold does not exceed $5,000, the personal representative may waive the requirement of publication and, in lieu thereof, post a notice of the time and place of sale in three of the most public places in the county in which the property, or some portion of the property, is located, for 2 weeks before the day of the sale or, in the case of a private sale, before the day on or after which the sale is to be made.

 


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      4.  The property proposed to be sold must be described with common certainty in the notice.

      Sec. 5. NRS 148.260 is hereby amended to read as follows:

      148.260  1.  Except as otherwise provided in subsection 2, a sale of real property at a private sale must not be confirmed by the court unless the court is satisfied that the sum offered represents the fair market value of the property sold and the real property has been appraised within 1 year before the time of sale. If the property has not been appraised, a new appraisement must be performed, as in the case of an original appraisement of an estate, at any time before the sale or confirmation of the property.

      2.  The court may waive the requirement of an appraisement:

      (a) For good cause shown; [or]

      (b) [If the] The personal representative , if he or she is the sole devisee or heir of the estate [, or if all devisees or heirs] ;

      (c) If the property is specifically devised in the will of the decedent, all devisees to whom the property is devised consent in writing to sale without an appraisal;

      (d) If the property is not specifically devised in the will of the decedent, all residuary devisees consent in writing to sale without an appraisal; or

      (e) In the case of an intestate estate, all heirs to the estate consent in writing to the sale without an appraisal,

Ê in which case the personal representative may rely on the assessed value of the property for taxation in obtaining confirmation of the sale.

      Sec. 6. NRS 155.010 is hereby amended to read as follows:

      155.010  1.  Except as otherwise provided in this section or a specific statute relating to the kind of notice required or otherwise ordered by the court in a particular instance, a petitioner shall cause notice of the time and place of the hearing of a petition to be given to each interested person and to every other person entitled to notice pursuant to this title or his or her attorney if the person has appeared by attorney or requested that notice be sent to his or her attorney. Notice must be given:

      (a) By mailing a copy thereof at least 10 days before the time set for the hearing by certified, registered or ordinary first-class mail addressed to the person being notified at the post office address given in the person’s demand for notice, if any, or at his or her office or place of residence, if known, or by personally delivering a copy thereof to the person being notified at least 10 days before the time set for the hearing; [or]

      (b) By submitting a copy thereof through an electronic filing system, if the court establishes such a system pursuant to the Nevada Electronic Filing and Conversion Rules or by any other electronic means if the interested person or person entitled to notice consents in writing; or

      (c) If the address or identity of the person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for 3 consecutive weeks a copy thereof in a newspaper having general circulation in the county where the hearing is to be held, the last publication of which must be at least 10 days before the date set for the hearing.

      2.  A person who, for the purposes of the matter to be considered at a hearing, is not an interested person is not entitled to notice of that hearing.

      3.  The court, for good cause shown, may provide for a different method or time of giving notice for any hearing, or may dispense with the notice otherwise required to be given to a person under this title.

 


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      4.  Proof of the giving of notice must be made on or before the hearing and filed in the proceeding.

      5.  A person entitled to notice may, in writing, waive notice of the hearing of a petition.

      6.  Notice given pursuant to paragraph (b) or (c) of subsection 1 is complete upon electronic submission of any kind, unless the petitioner is notified pursuant to the Nevada Electronic Filing and Conversion Rules that the service was not effectuated on the person intended to be served by such electronic means.

      Sec. 7. NRS 30.040 is hereby amended to read as follows:

      30.040  1.  Any person interested under a deed, written contract or other writings constituting a contract, or whose rights, status or other legal relations are affected by a statute, municipal ordinance, contract or franchise, may have determined any question of construction or validity arising under the instrument, statute, ordinance, contract or franchise and obtain a declaration of rights, status or other legal relations thereunder.

      2.  [A] Any interested person or legal representative of an interested person of, or a maker or legal representative of a maker of , a will, trust or other writings constituting a testamentary instrument may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

      3.  A principal or a person granted authority to act for a principal under power of attorney, whether denominated an agent, attorney-in-fact or otherwise, may have determined any question of construction or validity arising under the instrument and obtain a declaration of rights, status or other legal relations thereunder. Any action for declaratory relief under this subsection may only be made in a proceeding commenced pursuant to the provisions of title 12 or 13 of NRS, as appropriate.

      Sec. 8. Chapter 163 of NRS is hereby amended by adding thereto the provisions set forth as sections 9 and 10 of this act.

      Sec. 9. 1.  A person determined pursuant to this section to lack capacity or to be incapacitated shall be deemed to no longer have the authority to serve as a trustee, and the person having priority to serve as or to appoint the successor trustee upon resignation, death or incapacity of the trustee under the trust instrument shall immediately assume such authority.

      2.  A person who would have authority to serve as the trustee but for the fact that he or she has been determined to be incapacitated pursuant to subsection 3 and who later regains capacity as determined in accordance with subsection 7 is immediately restored to such authority.

      3.  A person serving as a trustee is incapacitated for purposes of this section if the person:

      (a) Is determined to lack capacity pursuant to subsection 4; or

      (b) Is:

             (1) Missing; or

             (2) Detained, including, without limitation, incarcerated.

 


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      4.  The incapacity of a person serving as a trustee may be established by:

      (a) A method provided in the trust instrument of the person, including, without limitation, a method that does not require a physician or a court to determine incapacity;

      (b) A licensed physician who has personally examined the person, unless the trust instrument provides otherwise; or

      (c) A court of competent jurisdiction.

      5.  The successor trustee may certify under penalty of perjury that the incapacity of a person has been determined pursuant to this section by a signed affidavit that is acknowledged by all the currently acting trustees of the trust other than the incapacitated trustee. A person who acts in reliance upon such a certification of incapacity without knowledge that the representations contained therein are incorrect is not liable to any person for so acting and may assume without inquiry that the person who has been certified as incapacitated lacks capacity.

      6.  Any interested person may petition a court of competent jurisdiction pursuant to NRS 164.015 for an order declaring a person serving as a trustee to lack capacity within the meaning of this section and for the removal as a trustee.

      7.  A person who would have priority to serve as the trustee but for the fact that he or she has been determined to be incapacitated, who later regains capacity, may establish his or her capacity by:

      (a) Using a method in the trust instrument to establish the capacity of the trustee;

      (b) If the person is incapacitated pursuant to paragraph (b) of subsection 3, a signed affidavit acknowledged by the person that the individual is no longer incapacitated and that is delivered to the currently acting trustees of the trust; or

      (c) Petitioning a court of competent jurisdiction under NRS 164.015 for an order declaring that the person is not incapacitated.

      8.  A written determination of the successor trustee or licensed physician provided pursuant to paragraph (a) or (b) of subsection 4 must be provided under penalty of perjury.

      9.  Incapacity pursuant to paragraph (c) of subsection 4 must be established by a preponderance of the evidence.

      Sec. 10.  (Deleted by amendment.)

      Sec. 11. NRS 163.4185 is hereby amended to read as follows:

      163.4185  1.  A distribution interest may be classified as:

      (a) A mandatory interest if the trustee has no discretion to determine whether a distribution should be made, when a distribution should be made or the amount of the distribution.

      (b) A support interest if the trustee is mandatorily required to make distributions to the beneficiary [pursuant to an] upon the determination of the trustee that the distribution will satisfy a defined ascertainable standard [.] set forth in the instrument and, upon such a determination, the trust instrument does not otherwise condition such distribution authority on the further discretion of the trustee.

      (c) A discretionary interest if the trustee has discretion to determine whether a distribution should be made, when a distribution should be made and the amount of the distribution.

 


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      2.  If a trust contains a combination of a mandatory interest, a support interest or a discretionary interest, the trust must be separated as:

      (a) A mandatory interest only to the extent of the mandatory language provided in the trust;

      (b) A support interest only to the extent of the support language provided in the trust; and

      (c) A discretionary interest for any remaining trust property.

      3.  If a trust provides for a support interest that also includes mandatory language but the mandatory language is qualified by discretionary language, the support interest must be classified and separated as a discretionary interest.

      4.  As used in this section, “ascertainable standard” means a standard relating to a person’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code, 26 U.S.C. § 2041(b)(1)(A) or 2514(c)(1), and any regulations of the United States Treasury promulgated thereunder.

      Sec. 12. NRS 163.5553 is hereby amended to read as follows:

      163.5553  1.  A trust protector may exercise the powers provided to the trust protector in the instrument [in the best interests of the trust.] subject to the terms and provisions in the instrument. The powers exercised by a trust protector are at the sole discretion of the trust protector and are binding on all other persons. The powers granted to a trust protector may include, without limitation, the power to:

      (a) Modify or amend the instrument to achieve a more favorable tax status or to respond to changes in federal or state law.

      (b) Modify or amend the instrument to take advantage of changes in the rule against perpetuities, restraints on alienation or other state laws restricting the terms of a trust, the distribution of trust property or the administration of the trust.

      (c) Increase or decrease the interests of any beneficiary under the trust.

      (d) Modify the terms of any power of appointment granted by the trust. A modification or amendment may not grant a beneficial interest to a person which was not specifically provided for under the trust instrument.

      (e) Remove and appoint a trustee, trust adviser, investment committee member or distribution committee member.

      (f) Terminate the trust.

      (g) Direct or veto trust distributions.

      (h) Change the location or governing law of the trust.

      (i) Appoint a successor trust protector or trust adviser.

      (j) Interpret terms of the instrument at the request of the trustee.

      (k) Advise the trustee on matters concerning a beneficiary.

      (l) Review and approve a trustee’s reports or accounting.

      2.  The powers provided pursuant to subsection 1 may be incorporated by reference to this section at the time a testator executes a will or a settlor signs a trust instrument. The powers provided pursuant to subsection 1 may be incorporated in whole or in part.

      3.  Unless otherwise provided in the trust instrument, the powers of the trust protector shall be considered fiduciary in nature. The trust instrument may define the scope and extent of a fiduciary standard applicable to the exercise of any power of the trust protector, including, without limitation, reducing or relieving the trust protector of a fiduciary duty.

 


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ê2023 Statutes of Nevada, Page 1323 (CHAPTER 215, SB 407)ê

 

      Sec. 13. Chapter 164 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Confidential information relating to trusts that is contained in petitions and subsequent related findings under this title or title 12 of NRS may be redacted and filed under seal without a prior court order so long as the unredacted and complete copies of such petitions and filings are promptly provided to the court in camera and to all persons entitled to notice thereto.

      2.  Unless the court orders otherwise, confidential information once redacted or filed under seal must be redacted and filed under seal without a prior court order in all subsequent filings and orders in the matter relating to the petition, and unredacted and complete copies of such filings and orders must be promptly provided in camera to the court and to all persons entitled to copies thereto, as appropriate.

      3.  Nothing in this section shall be construed to abridge the power of any court of competent jurisdiction to order the production of unredacted and complete copies of petitions, filings and orders that have been redacted or filed under seal to an interested person, as defined in NRS 132.185, or to other persons for cause shown.

      4.  As used in this section, “confidential information” includes:

      (a) Trust instruments, inventories, accountings and reports;

      (b) The names and addresses of trust settlors and beneficiaries;

      (c) Trust dispositive terms, including, without limitation:

             (1) The identity and amount of distributions or gifts; and

             (2) Powers of appointments;

      (d) Corporate and company records relating to trusts;

      (e) Personally identifying information, including, without limitation, social security numbers and dates of birth; and

      (f) Any other information the court deems confidential, if the interest in protecting the confidentiality of the information outweighs the public interest in accessing such information.

      Sec. 14. NRS 164.010 is hereby amended to read as follows:

      164.010  1.  Upon petition of any person appointed as trustee of an express trust by any written instrument other than a will, or upon petition of a settlor or beneficiary of the trust, the district court [of the county in which any trustee resides or conducts business at the time of the filing of the petition or in which the trust has been domiciled as of the time of the filing of the petition] shall assume jurisdiction of the trust as a proceeding in rem unless another court has properly assumed continuing jurisdiction in rem in accordance with the laws of that jurisdiction and the district court determines that it is not appropriate for the district court to assume jurisdiction under the circumstances.

      2.  For the purposes of this section, [a trust is domiciled] jurisdiction is proper in this State [notwithstanding that the trustee neither resides nor conducts business in this State] if:

      (a) The trust instrument expressly provides that [the] :

             (1) The situs of the trust is in this State or a county located in this State; or [that a]

             (2) A court in this State has jurisdiction over the trust;

      (b) A person has designated for the trust that this State or a county located in this State is the situs or has jurisdiction, if such person made the designation at a time during which he or she held the power to make such a designation under the express terms of the trust instrument;

 


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ê2023 Statutes of Nevada, Page 1324 (CHAPTER 215, SB 407)ê

 

designation at a time during which he or she held the power to make such a designation under the express terms of the trust instrument;

      (c) The trust owns an interest in real property located in this State;

      (d) The trust owns personal property, wherever situated, if the trustee is:

             (1) Incorporated or authorized to do business in this State;

             (2) A trust company licensed under chapter 669 of NRS;

             (3) A family trust company, as defined in NRS 669A.080; or

             (4) A national association having an office in this State;

      (e) [One or more beneficiaries of the trust reside] Any trustee resides or conducts business in this State; or

      (f) At least part of the administration of the trust occurs in this State.

      3.  Notwithstanding the provisions of this section, if a court of a jurisdiction other than this State has jurisdiction over a trust and grants an order authorizing a transfer of jurisdiction over that trust to this State, the district court has the power to assume jurisdiction over the trust and to otherwise supervise the administration of that trust in accordance with the procedures set forth in this title.

      4.  For the purposes of determining venue [,] within this State, preference is given in the following order:

      (a) To the county in which [the situs or domicile] venue was most recently declared by a person granted the power to make such a declaration under the terms of the trust instrument at the time of the filing of the petition;

      (b) To the county in which [the situs or domicile] venue is declared in the trust instrument; [and]

      (c) To the county in which the situs or domicile is declared by the trustee at the time of the filing of the petition in a certification of the trust which complies with subsection 2 of NRS 164.400 and subsection 2 of NRS 164.410 and which contains a declaration of the trust’s situs or domicile as authorized in subsection 1 of NRS 164.410 [.] ;

      (d) To a county in which any trustee resides or conducts business at the time of the filing of the petition;

      (e) To a county in which any real property interest owned by the trust is located; and

      (f) To a county in which any beneficiary of the trust resides.

      5.  When the court assumes jurisdiction pursuant to this section, the court:

      (a) Has jurisdiction of the trust as a proceeding in rem as of the date of the filing of the petition;

      (b) Shall be deemed to have personal jurisdiction over any trustee confirmed by the court and any person appearing in the matter, unless such an appearance is made solely for the purpose of objecting to the jurisdiction of the court;

      (c) May confirm at the same time the appointment of the trustee and specify the manner in which the trustee must qualify; and

      (d) May consider at the same time granting orders on other matters relating to the trust, including, without limitation, matters that might be addressed in a declaratory judgment relating to the trust under subsection 2 of NRS 30.040 or petitions filed pursuant to NRS 153.031 or 164.015 whether such matters are raised in the petition to assume jurisdiction pursuant to this section or in one or more separate petitions that are filed concurrently with the petition to assume jurisdiction.

 


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ê2023 Statutes of Nevada, Page 1325 (CHAPTER 215, SB 407)ê

 

      6.  At any time, [the] a trustee may petition the court for removal of the trust from continuing jurisdiction of the court.

      7.  As used in this section, “written instrument” includes, without limitation, an electronic trust as defined in NRS 163.0015.

      Sec. 15. NRS 164.021 is hereby amended to read as follows:

      164.021  1.  When a revocable trust becomes irrevocable because of the death of a settlor or by the express terms of the trust, the trustee may, after the trust becomes irrevocable, provide notice to any beneficiary of the irrevocable trust, any heir of the settlor or to any other interested person.

      2.  The notice provided by the trustee must contain:

      (a) The identity of the settlor of the trust and the date of execution of the trust instrument;

      (b) The name, mailing address and telephone number of any trustee of the trust;

      (c) [Any provision] The dispositive provisions of the trust instrument which [pertains] pertain to the beneficiary , a complete copy of the trust instrument or notice that the heir or interested person is not a beneficiary under the trust;

      (d) Any information required to be included in the notice expressly provided by the trust instrument; and

      (e) A statement set forth in a separate paragraph, in 12-point boldface type or an equivalent type which states: “You may not bring an action to contest the trust more than 120 days from the date this notice is provided to you.”

      3.  The trustee shall cause notice pursuant to this section to be provided in accordance with the provisions of NRS 155.010.

      4.  [No] Except as otherwise provided in this subsection, no person upon whom notice is provided pursuant to this section may bring an action to contest the validity of the trust more than 120 days from the date the notice [pursuant to this section is provided, regardless of whether a petition under NRS 164.010 is subsequently] is served upon the person , [after the notice is provided,] unless the person proves that he or she [was not provided] did not receive actual notice . [in accordance with this section.] A person upon whom notice is provided pursuant to this section may provide consent in writing to a period of less than 120 days in which the person may bring an action to contest the validity of the trust.

      5.  For the purposes of paragraph (c) of subsection 2, a copy of the trust instrument shall be considered complete if it includes all amendments and restatements to the trust instrument the trustee has determined to be in effect at the time of the death of the settlor after the trustee has exercised due diligence.

      6.  A trustee is not liable in providing information pursuant to paragraph (c) of subsection 2 to any person whom the trustee has determined, after the exercise of due diligence, to be a beneficiary, heir or interested person.

      Sec. 16. NRS 164.410 is hereby amended to read as follows:

      164.410  1.  A certification of trust may confirm the following facts or contain the following information:

      (a) The existence of the trust and date of execution of any trust instrument;

      (b) The identity of the settlor and each currently acting trustee;

 


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ê2023 Statutes of Nevada, Page 1326 (CHAPTER 215, SB 407)ê

 

      (c) The powers of the trustee and any restrictions imposed upon the trustee in dealing with assets of the trust;

      (d) The revocability or irrevocability of the trust and the identity of any person holding a power to revoke it;

      (e) If there is more than one trustee, whether all of the currently acting trustees must or less than all may act to exercise identified powers of the trustee;

      (f) A declaration regarding the situs or domicile of the trust and regarding the law that governs the validity, construction and administration of the trust; [and]

      (g) The form in which title to assets of the trust is to be taken [.] ; and

      (h) A declaration that:

             (1) The incapacity of the former trustee of the trust, including a settlor serving as the former trustee, has been determined pursuant to subsection 3, 4 or 6 of section 9 of this act; and

             (2) The current acting trustee succeeded to the office of trustee pursuant to subsection 1 of section 9 of this act.

      2.  The certification must contain a statement that the trust has not been revoked or amended to make any representations contained in the certification incorrect, and that the signatures are those of all the currently acting trustees.

      Sec. 17. NRS 164.796 is hereby amended to read as follows:

      164.796  1.  Unless expressly prohibited by the trust instrument, a trustee may convert a trust into a unitrust if:

      (a) The trustee determines conversion to a unitrust will better enable the trustee to carry out the intent of the settlor and the purpose of the trust;

      (b) The trustee gives written notice of his or her intention to convert the trust to a unitrust, including how the unitrust will operate, the income distributions rate established pursuant to subsection 3 of NRS 164.797 and subsection 1 of NRS 164.799, and what initial decisions the trustee will make pursuant to this section, to all beneficiaries who:

             (1) Are presently eligible to receive income from the trust;

             (2) Would be eligible, if a power of appointment were not exercised, to receive income from the trust if the interest of any beneficiary eligible to receive income terminated immediately before the trustee gives notice; and

             (3) Would receive, if a power of appointment were not exercised, a distribution of principal if the trust terminated immediately before the trustee gives notice;

      (c) There is at least one beneficiary who meets the requirements of subparagraph (1) of paragraph (b) and at least one beneficiary who meets the requirements of subparagraph (2) of paragraph (b); and

      (d) No beneficiary objects, in writing and delivered to the trustee within 60 days of the mailing of the notice, to the conversion of the trust to a unitrust.

      2.  If a beneficiary timely objects to converting a trust into a unitrust, or if there are no beneficiaries under either subparagraph (1) or (3) of paragraph (b) of subsection 1, the trustee may petition the court to approve the conversion of the trust into a unitrust. The court shall approve the conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.

      3.  A beneficiary may request that a trustee convert a trust into a unitrust. If the trustee does not convert the trust, the beneficiary may petition the court to order the conversion.

 


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ê2023 Statutes of Nevada, Page 1327 (CHAPTER 215, SB 407)ê

 

the court to order the conversion. The court shall direct the conversion if the court concludes that the conversion will enable the trustee to better carry out the intent of the settlor and the purpose of the trust.

      4.  A trustee, in determining whether and to what extent to convert a trust to a unitrust pursuant to subsection 1, shall consider all factors relevant to the trust and to the beneficiaries, including the factors set forth in subsection 2 of NRS 164.795, as applicable.

      5.  A conversion of a trust to a unitrust does not affect a term of the trust directing or authorizing the trustee to distribute principal or authorizing a beneficiary to withdraw all or a portion of the principal.

      6.  A trustee may not convert a trust into a unitrust in any circumstance set forth in subsection 3 of NRS 164.795.

      7.  If a trustee is prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to the trustee and if there is a cotrustee to whom such provisions do not apply, the cotrustee may convert the trust unless the exercise of the power by the remaining trustee is not permitted by the terms of the trust. If all trustees are prevented from converting a trust because a provision of paragraph (e), (f), (g) or (h) of subsection 3 of NRS 164.795 applies to all of the trustees, the trustees may petition the court to direct a conversion.

      8.  A trustee may permanently, or for a specified period, including a period measured by the life of a person, release the power to convert a trust pursuant to subsection 1 if:

      (a) The trustee is uncertain about whether possessing or exercising the power of conversion will cause a result described in paragraphs (a) to (f), inclusive, or (h) of subsection 3 of NRS 164.795; or

      (b) The trustee determines that possessing or exercising the power of conversion may or will deprive the trust of a tax benefit or impose a tax burden not described in subsection 3 of NRS 164.795.

      9.  A trustee or disinterested person who, in good faith, takes or fails to take any action under this section is not liable to any person affected by such action or inaction, regardless of whether the affected person received notice as provided in this section or was under a legal disability at the time of delivery of notice. An affected person’s exclusive remedy is to petition the court for an order directing the trustee to convert the trust into a unitrust, to reconvert a unitrust into a trust or to change the percentage used to calculate the unitrust amount.

      10.  This section shall be construed to pertain to the administration of a trust, and the provisions of this section are available to any trust administered in this State or that is governed by the laws of this State, unless:

      (a) The terms of the trust instrument show an intent that a beneficiary is to receive an amount other than a reasonable current return from the trust;

      (b) The trust:

             (1) Has a guaranteed annuity interest or fixed percentage interest as described in section 170(f)(2)(B) of the Internal Revenue Code;

             (2) Is a charitable remainder trust within the meaning of section 664(d) of the Internal Revenue Code;

             (3) Is a qualified subchapter S trust within the meaning of section 1361(c) of the Internal Revenue Code;

             (4) Is a personal residence trust within the meaning of section 2702(a)(3)(A) of the Internal Revenue Code; or

 


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ê2023 Statutes of Nevada, Page 1328 (CHAPTER 215, SB 407)ê

 

             (5) Is a trust in which one or more settlors retain a qualified interest within the meaning of section 2702(b) of the Internal Revenue Code;

      (c) One or more persons to whom the trustee could distribute income have a power of withdrawal over the trust that is not subject to an ascertainable standard or that can be exercised to discharge a duty of support; or

      (d) The terms of the trust instrument expressly prohibit the use of the provisions of this section through reference to this section or the trust instrument expressly states the settlor’s intent that net income is not calculated as a unitrust amount.

      11.  As used in this section, “ascertainable standard” means a standard relating to an individual’s health, education, support or maintenance within the meaning of section 2041(b)(1)(A) or 2514(c)(1) of the Internal Revenue Code and any regulations of the United States Treasury promulgated thereunder.

      Sec. 18. NRS 239.010 is hereby amended to read as follows:

      239.010  1.  Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.

 


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ê2023 Statutes of Nevada, Page 1329 (CHAPTER 215, SB 407)ê

 

392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 13 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

 


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ê2023 Statutes of Nevada, Page 1330 (CHAPTER 215, SB 407)ê

 

supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

      2.  A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.

      3.  A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

      4.  If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:

      (a) The public record:

             (1) Was not created or prepared in an electronic format; and

             (2) Is not available in an electronic format; or

      (b) Providing the public record in an electronic format or by means of an electronic medium would:

             (1) Give access to proprietary software; or

             (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

      5.  An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

      (a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

      (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

      Sec. 19.  This act becomes effective on July 1, 2023.

________

 


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ê2023 Statutes of Nevada, Page 1331ê

 

CHAPTER 216, AB 75

Assembly Bill No. 75–Assemblyman Yeager

 

CHAPTER 216

 

[Approved: June 6, 2023]

 

AN ACT relating to securities; defining “Nevada certified investor”; authorizing the Administrator of the Securities Division of the Office of the Secretary of State, who is the Deputy of Securities, to adopt certain regulations; providing for an exemption from certain requirements concerning the registration of securities for certain transactions involving an offer to sell or sale of a security by certain issuers who are residents of this State to a Nevada certified investor; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law, with certain exceptions, prohibits a person from engaging in certain activities relating to offering to sell or selling a security unless the security is registered with the Securities and Exchange Commission. (15 U.S.C. § 77e) Existing federal law creates an exemption from this requirement for a security which is part of an issue offered or sold only to persons who are residents of the same state of which the issuer is also a resident and doing business within or, if the issuer is a corporation, incorporated by and doing business within. (15 U.S.C. § 77c(a)(11)) Existing federal regulations set forth: (1) requirements that an issuer must meet to be deemed to be a resident of and doing business within a state where the issuer offers and sells securities; and (2) various other requirements for transactions involving intrastate offers or sales of securities for the transaction to qualify for the exemption from the federal registration requirements. (17 C.F.R. §§ 230.147, 230.147A)

      Existing state law prohibits a person from offering to sell or selling any security in this State unless the security meets certain registration requirements or the security transaction is exempt from the registration requirements. (NRS 90.460) Section 5 of this bill creates an exemption from those state registration requirements for certain transactions involving an offer to sell or sale of a security to a Nevada certified investor. Section 2 of this bill defines “Nevada certified investor” to mean, in general, a natural person who is, or a married couple who each are, a resident of this State and who meets certain financial qualifications. Under section 5, a transaction involving an offer to sell or sale of a security to a Nevada certified investor is exempt from the registration requirements provided under existing state law if: (1) the transaction meets the requirements for the federal exemption for intrastate offers and sales of securities; (2) the transaction meets any other requirements established by regulations adopted by the Administrator of the Securities Division of the Office of the Secretary of State, who is the Deputy of Securities, pursuant to section 3 of this bill; (3) the transaction involves certain types of Nevada certified investors, the transaction would not result in the Nevada certified investor investing more than 10 percent of the net worth of the investor in securities purchased in transactions exempt pursuant to section 3; and (4) the person offering to sell or selling the security first undergoes a criminal background check, submits certain information to the Administrator and makes certain information available to Nevada certified investors.

      Section 3 authorizes the Administrator to adopt regulations establishing additional requirements for transactions involving an offer to sell or sale of a security to a Nevada certified investor to qualify for an exemption from the registration requirements pursuant to section 5.

      Section 4 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.

 


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ê2023 Statutes of Nevada, Page 1332 (CHAPTER 216, AB 75)ê

 

      Existing law authorizes the registration of a security by qualification and requires the registration statement for such a security to contain certain information relating to the issuer and certain other persons. (NRS 90.490) Section 4.5 of this bill revises the information which is required to be included in the registration statement.

 

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

      Sec. 2. 1.  “Nevada certified investor” means a natural person who is, or a married couple who each are, a resident of this State and who, at the time an offer to sell or sale of a security is made to the person or couple:

      (a) Holds an ownership interest of more than 50 percent in a business that has reported a gross revenue of more than $200,000 or 2 1/2 times the median household income, whichever is greater, on each federal income tax return filed for the 2 immediately preceding calendar years; or

      (b) Has reported an income on the federal income tax return of the person or couple filed for the immediately preceding calendar year that exceeds the greater of:

             (1) One hundred thousand dollars, if the person filed an individual federal income tax return, or $150,000, if the couple jointly filed a federal income tax return; or

             (2) The median household income.

      2.  As used in this section, “median household income” means the median household income in this State, as identified in the most recent data from the American Community Survey published by the Bureau of the Census of the United States Department of Commerce or as determined by the Administrator based on another source of data specified by the Administrator by regulation.

      Sec. 3. The Administrator may adopt regulations that set forth additional requirements for transactions involving an offer to sell or sale of a security to a Nevada certified investor that must be met for the transaction to qualify for an exemption pursuant to subsection 22 of NRS 90.530. Such regulations may include, without limitation, provisions establishing minimum qualifications for an issuer who engages in such a transaction and additional requirements concerning the process by which such an issuer shall submit to the Administrator and make available to a Nevada certified investor the information required by subsection 22 of NRS 90.530.

      Sec. 4. NRS 90.211 is hereby amended to read as follows:

      90.211  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 90.215 to 90.309, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

      Secs. 4.1 and 4.3. (Deleted by amendment.)

      Sec. 4.5. NRS 90.490 is hereby amended to read as follows:

      90.490  1.  A security may be registered by qualification.

      2.  A registration statement under this section must contain the following information and be accompanied by the following records in addition to the information specified in subsection 4 of NRS 90.500 and the consent to service of process required by NRS 90.770:

 


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ê2023 Statutes of Nevada, Page 1333 (CHAPTER 216, AB 75)ê

 

addition to the information specified in subsection 4 of NRS 90.500 and the consent to service of process required by NRS 90.770:

      (a) With respect to the issuer and any significant subsidiary:

             (1) Its name, address and form of organization;

             (2) The state or foreign jurisdiction and date of its organization;

             (3) The general character and location of its business;

             (4) A description of its physical property and equipment; and

             (5) A statement of the general competitive conditions in the industry or business in which it is or will be engaged;

      (b) With respect to every director and officer of the issuer or person occupying a similar status or performing similar functions:

             (1) Name, address and principal occupation for the last 5 years;

             (2) The amount of securities of the issuer held by the person as of a specified date within 30 days before the filing of the registration statement;

             (3) The amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and

             (4) A description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past 3 years or proposed to be effected;

      (c) With respect to persons covered by paragraph (b), the compensation paid or given, directly or indirectly, during the last 12 months and estimated to be paid during the next 12 months by the issuer together with all predecessors, parents, subsidiaries and affiliates, to all those persons in the aggregate;

      (d) With respect to any person owning of record, or beneficially if known, 10 percent or more of the outstanding shares of a class of equity security of the issuer, the information specified in paragraph (b) ; [other than occupation;]

      (e)With respect to a promoter, if such a promoter exists, and if the issuer was organized within the last 3 years:

             (1) The information specified in paragraph (b);

             (2) The amount paid to the person within that period or intended to be paid; and

             (3) The consideration for the payment;

      (f) With respect to a person on whose behalf a part of the offering is to be made in a nonissuer distribution:

             (1) Name and address;

             (2) The amount of securities of the issuer held by the person as of the date of the filing of the registration statement;

             (3) A description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past 3 years or proposed to be effected; and

             (4) A statement of the reasons for making the offering;

      (g) The capitalization and long-term debt, on both a current and a pro forma basis, of the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and , if applicable, a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, goodwill or anything else, for which the issuer or a subsidiary has issued its securities within the last 2 years or is obligated to issue its securities;

      (h) The kind and amount of securities to be offered, the proposed offering price or the method by which it is to be computed, any variation therefrom at which a proportion of the offering is to be made to a person or class of persons other than the underwriters, with a specification of the person or class, the basis upon which the offering is to be made if otherwise than for cash, the estimated aggregate underwriting and selling discounts or commissions and finder’s fees, including separately cash, securities, contracts or anything else of value

 


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ê2023 Statutes of Nevada, Page 1334 (CHAPTER 216, AB 75)ê

 

therefrom at which a proportion of the offering is to be made to a person or class of persons other than the underwriters, with a specification of the person or class, the basis upon which the offering is to be made if otherwise than for cash, the estimated aggregate underwriting and selling discounts or commissions and finder’s fees, including separately cash, securities, contracts or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts, the estimated amounts of other selling expenses, including legal, engineering and accounting charges, the name and address of every underwriter and every recipient of a finder’s fee, a copy of any underwriting or selling-group agreement pursuant to which the distribution is to be made, or the proposed form of the agreement whose terms have not yet been determined, and a description of the plan of distribution of securities that are to be offered otherwise than through an underwriter;

      (i) The estimated cash proceeds to be received by the issuer from the offering, the purposes for which the proceeds are to be used by the issuer, the amount to be used for each purpose, the order of priority in which the proceeds will be used for the purposes stated, the amounts of funds to be raised from other sources to achieve the purposes stated, the sources of the funds, and, if part of the proceeds is to be used to acquire property, including goodwill, otherwise than in the ordinary course of business, the names and addresses of the vendors, the purchase price, the names of the persons who have received commissions in connection with the acquisition and the amounts of commissions and any other expense in connection with the acquisition, including the cost of borrowing money to finance the acquisition;

      (j) A description of the stock options or other security options outstanding or to be created in connection with the offering and the amount of the options held or to be held by every person required to be named in paragraph (b), (d), (e), (f) or (h) and by a person who holds or will hold 10 percent or more in the aggregate of the options;

      (k) The dates of, parties to and general effect, concisely stated, of every management or other material contract made or to be made otherwise than in the ordinary course of business if it is to be performed in whole or in part at or after the filing of the registration statement or was made within the last 2 years, and a copy of the contract;

      (l) A description of any pending litigation or proceedings to which the issuer is a party and that materially affect its business or assets, including any litigation or proceeding known to be contemplated by a governmental authority;

      (m) A copy of any prospectus, pamphlet, circular, form letter, advertisement or other sales literature intended as of the effective date to be used in connection with the offering [;] , if such materials exist;

      (n) A copy, specimen or description of the security being registered, a copy of the issuer’s articles of incorporation and bylaws or their substantial equivalents, as currently in effect, and a copy of any indenture or other instrument covering the security to be registered;

      (o) A signed or conformed copy of an opinion of counsel as to the legality of the security being registered, with an English translation if it is in a foreign language, which states whether the security when sold will be legally issued, fully paid and nonassessable and, if a debt security, a binding obligation of the issuer;

 


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ê2023 Statutes of Nevada, Page 1335 (CHAPTER 216, AB 75)ê

 

a foreign language, which states whether the security when sold will be legally issued, fully paid and nonassessable and, if a debt security, a binding obligation of the issuer;

      (p) The written consent of an accountant, engineer, appraiser or other person whose profession gives authority to a statement made by the person, if the person is named as having prepared or certified a report or valuation, other than a public and official record or statement, which is used in connection with the registration statement;

      (q) A statement of financial condition of the issuer as of a date within 4 months before the filing of the registration statement, a statement of results of operations and analysis of surplus for each of the 3 fiscal years preceding the date of the statement of financial condition and for any period between the close of the last fiscal year and the date of the statement of financial condition, or for the period of the issuer’s and any predecessors’ existence if less than 3 years, and, if part of the proceeds of the offering is to be applied to the purchase of a business, the same financial statements which would be required if that business were the registrant; and

      (r)Any additional information the Administrator by regulation or order specifies.

      3.  A statement under this section becomes effective 30 calendar days, or any shorter period as the Administrator by regulation or order specifies, after the date the registration statement or the last amendment other than a price amendment is filed, if:

      (a) No order is in effect and no proceeding is pending under NRS 90.510;

      (b) The Administrator has not, under subsection 4, ordered that effectiveness be delayed; and

      (c) The registrant has not requested that effectiveness be delayed.

      4.  The Administrator may delay effectiveness for a single period of not more than 90 days if the Administrator determines the registration statement is not complete in all material respects and promptly notifies the registrant of that determination. The Administrator may delay effectiveness for a single period of not more than 30 days if the Administrator determines that the delay is necessary, whether or not the Administrator previously delayed effectiveness under this subsection.

      Secs. 4.7 and 4.9. (Deleted by amendment.)

      Sec. 5. NRS 90.530 is hereby amended to read as follows:

      90.530  The following transactions are exempt from NRS 90.460 and 90.560:

      1.  An isolated nonissuer transaction, whether or not effected through a broker-dealer.

      2.  A nonissuer transaction in an outstanding security if the issuer of the security has a class of securities subject to registration under section 12 of the Securities Exchange Act of 1934, 15 U.S.C. § 78l, and has been subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78m and 78o(d), for not less than 90 days next preceding the transaction, or has filed and maintained with the Administrator for not less than 90 days preceding the transaction information, in such form as the Administrator, by regulation, specifies, substantially comparable to the information the issuer would be required to

 


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ê2023 Statutes of Nevada, Page 1336 (CHAPTER 216, AB 75)ê

 

file under section 12(b) or 12(g) of the Securities Exchange Act of 1934, 15 U.S.C. §§ 78l(b) and 78l(g), were the issuer to have a class of its securities registered under section 12 of the Securities Exchange Act of 1934, 15 U.S.C. § 78l, and paid a fee of $300 with the filing.

      3.  A nonissuer transaction by a sales representative licensed in this State, in an outstanding security if:

      (a) The security is sold at a price reasonably related to the current market price of the security at the time of the transaction;

      (b) The security does not constitute all or part of an unsold allotment to, or subscription or participation by, a broker-dealer as an underwriter of the security;

      (c) At the time of the transaction, a recognized securities manual designated by the Administrator by regulation or order contains the names of the issuer’s officers and directors, a statement of the financial condition of the issuer as of a date within the preceding 18 months, and a statement of income or operations for each of the last 2 years next preceding the date of the statement of financial condition, or for the period as of the date of the statement of financial condition if the period of existence is less than 2 years;

      (d) The issuer of the security has not undergone a major reorganization, merger or acquisition within the preceding 30 days which is not reflected in the information contained in the manual; and

      (e) At the time of the transaction, the issuer of the security has a class of equity security listed on the New York Stock Exchange, American Stock Exchange or other exchange designated by the Administrator, or on the National Market System of the National Association of Securities Dealers Automated Quotation System. The requirements of this paragraph do not apply if:

             (1) The security has been outstanding for at least 180 days;

             (2) The issuer of the security is actually engaged in business and is not developing the issuer’s business, in bankruptcy or in receivership; and

             (3) The issuer of the security has been in continuous operation for at least 5 years.

      4.  A nonissuer transaction in a security that has a fixed maturity or a fixed interest or dividend provision if there has been no default during the current fiscal year or within the 3 preceding years, or during the existence of the issuer, and any predecessors if less than 3 years, in the payment of principal, interest or dividends on the security.

      5.  A nonissuer transaction effected by or through a registered broker-dealer pursuant to an unsolicited order or offer to purchase.

      6.  A transaction between the issuer or other person on whose behalf the offering of a security is made and an underwriter, or a transaction among underwriters.

      7.  A transaction in a bond or other evidence of indebtedness secured by a real estate mortgage, deed of trust, personal property security agreement, or by an agreement for the sale of real estate or personal property, if the entire mortgage, deed of trust or agreement, together with all the bonds or other evidences of indebtedness secured thereby, is offered and sold as a unit.

      8.  A transaction by an executor, administrator, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator.

      9.  A transaction executed by a bona fide secured party without the purpose of evading this chapter.

 


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ê2023 Statutes of Nevada, Page 1337 (CHAPTER 216, AB 75)ê

 

      10.  An offer to sell or the sale of a security to a financial or institutional investor or to a broker-dealer.

      11.  Except as otherwise provided in this subsection, a sale or an offer to sell securities of an issuer if:

      (a) The transaction is part of an issue in which there are not more than 35 purchasers in this State, other than those designated in subsection 10, during any 12 consecutive months;

      (b) No general solicitation or general advertising is used in connection with the offer to sell or sale of the securities;

      (c) No commission or other similar compensation is paid or given, directly or indirectly, to a person, other than a broker-dealer licensed or not required to be licensed under this chapter, for soliciting a prospective purchaser in this State; and

      (d) One of the following conditions is satisfied:

             (1) The seller reasonably believes that all the purchasers in this State, other than those designated in subsection 10, are purchasing for investment; or

             (2) Immediately before and immediately after the transaction, the issuer reasonably believes that the securities of the issuer are held by 50 or fewer beneficial owners, other than those designated in subsection 10, and the transaction is part of an aggregate offering that does not exceed $500,000 during any 12 consecutive months.

Ê The Administrator by rule or order as to a security or transaction or a type of security or transaction may withdraw or further condition the exemption set forth in this subsection or waive one or more of the conditions of the exemption.

      12.  An offer to sell or sale of a preorganization certificate or subscription if:

      (a) No commission or other similar compensation is paid or given, directly or indirectly, for soliciting a prospective subscriber;

      (b) No public advertising or general solicitation is used in connection with the offer to sell or sale;

      (c) The number of offers does not exceed 50;

      (d) The number of subscribers does not exceed 10; and

      (e) No payment is made by a subscriber.

      13.  An offer to sell or sale of a preorganization certificate or subscription issued in connection with the organization of a depository institution if that organization is under the supervision of an official or agency of a state or of the United States which has and exercises the authority to regulate and supervise the organization of the depository institution. For the purpose of this subsection, “under the supervision of an official or agency” means that the official or agency by law has authority to require disclosures to prospective investors similar to those required under NRS 90.490, impound proceeds from the sale of a preorganization certificate or subscription until organization of the depository institution is completed, and require refund to investors if the depository institution does not obtain a grant of authority from the appropriate official or agency.

      14.  A transaction pursuant to an offer to sell to existing security holders of the issuer, including persons who at the time of the transaction are holders of transferable warrants exercisable within not more than 90 days after their issuance, convertible securities or nontransferable warrants, if:

 


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ê2023 Statutes of Nevada, Page 1338 (CHAPTER 216, AB 75)ê

 

      (a) No commission or other similar compensation, other than a standby commission, is paid or given, directly or indirectly, for soliciting a security holder in this State; or

      (b) The issuer first files a notice specifying the terms of the offer to sell, together with a nonrefundable fee of $300, and the Administrator does not by order disallow the exemption within the next 5 full business days.

      15.  A transaction involving an offer to sell, but not a sale, of a security not exempt from registration under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., if:

      (a) A registration or offering statement or similar record as required under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., has been filed, but is not effective;

      (b) A registration statement, if required, has been filed under this chapter, but is not effective; and

      (c) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the Administrator or the Securities and Exchange Commission, and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.

      16.  A transaction involving an offer to sell, but not a sale, of a security exempt from registration under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., if:

      (a) A registration statement has been filed under this chapter, but is not effective; and

      (b) No order denying, suspending or revoking the effectiveness of registration, of which the offeror is aware, has been entered by the Administrator and no examination or public proceeding that may culminate in that kind of order is known by the offeror to be pending.

      17.  A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties, if:

      (a) The securities to be distributed are registered under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., before the consummation of the transaction; or

      (b) The securities to be distributed are not required to be registered under the Securities Act of 1933, 15 U.S.C. §§ 77a et seq., written notice of the transaction and a copy of the materials, if any, by which approval of the transaction will be solicited, together with a nonrefundable fee of $300, are given to the Administrator at least 10 days before the consummation of the transaction and the Administrator does not, by order, disallow the exemption within the next 10 days.

      18.  A transaction involving the offer to sell or sale of one or more promissory notes each of which is directly secured by a first lien on a single parcel of real estate, or a transaction involving the offer to sell or sale of participation interests in the notes if the notes and participation interests are originated by a depository institution and are offered and sold subject to the following conditions:

      (a) The minimum aggregate sales price paid by each purchaser may not be less than $250,000;

 


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ê2023 Statutes of Nevada, Page 1339 (CHAPTER 216, AB 75)ê

 

      (b) Each purchaser must pay cash either at the time of the sale or within 60 days after the sale; and

      (c) Each purchaser may buy for the purchaser’s own account only.

      19.  A transaction involving the offer to sell or sale of one or more promissory notes directly secured by a first lien on a single parcel of real estate or participating interests in the notes, if the notes and interests are originated by a mortgagee approved by the Secretary of Housing and Urban Development under sections 203 and 211 of the National Housing Act, 12 U.S.C. §§ 1709 and 1715b, and are offered or sold, subject to the conditions specified in subsection 18, to a depository institution or insurance company, the Federal Home Loan Mortgage Corporation, the Federal National Mortgage Association or the Government National Mortgage Association.

      20.  A transaction between any of the persons described in subsection 19 involving a nonassignable contract to buy or sell the securities described in subsection 18 if the contract is to be completed within 2 years and if:

      (a) The seller of the securities pursuant to the contract is one of the parties described in subsection 18 or 19 who may originate securities;

      (b) The purchaser of securities pursuant to a contract is any other person described in subsection 19; and

      (c) The conditions described in subsection 18 are fulfilled.

      21.  A transaction involving one or more promissory notes secured by a lien on real estate, or participating interests in those notes, by a mortgage company licensed pursuant to chapter 645B of NRS to engage in those transactions.

      22.  A transaction involving an offer to sell or sale of a security to a Nevada certified investor if all of the following conditions are satisfied:

      (a) The transaction satisfies the requirements for exemption under section 3(a)(11) of the Securities Act of 1933, 15 U.S.C. § 77c(a)(11) and Rule 147 or 147A of the Securities and Exchange Commission, 17 C.F.R. § 230.147 or 230.147A.

      (b) The transaction satisfies any requirements established by the Administrator by regulation pursuant to section 3 of this act.

      (c) For a transaction involving the sale of a security to a Nevada certified investor described in paragraph (b) of subsection 1 of section 2 of this act, the transaction would not result in the Nevada certified investor investing more than 10 percent of the net worth of the investor in securities that were purchased by the Nevada certified investor in transactions exempt from NRS 90.460 and 90.560 pursuant to this subsection. For the purposes of meeting the requirements of this paragraph, the equity the Nevada certified investor holds in a primary residence must not account for more than 50 percent of the net worth of the Nevada certified investor.

      (d) The person offering to sell or selling the security has submitted to the Administrator:

             (1) A complete set of his or her fingerprints and written permission authorizing the Administrator to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the person and for forwarding to the Federal Bureau of Investigation for its report on the criminal history of the person;

             (2) The latest available balance sheet of the issuer; and

            (3) A description of any compensation paid by the person offering to sell or selling the security to any person authorized to make decisions on behalf of or exert control over the management or operation of the person offering to sell or selling the security.

 


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ê2023 Statutes of Nevada, Page 1340 (CHAPTER 216, AB 75)ê

 

on behalf of or exert control over the management or operation of the person offering to sell or selling the security.

      (e) The person offering to sell or selling the security has made available to any Nevada certified investor wishing to purchase the security:

             (1) A full disclosure of any and all previous criminal convictions; and

             (2) The information submitted to the Administrator pursuant to subparagraphs (2) and (3) of paragraph (d).

      Sec. 5.5. (Deleted by amendment.)

      Sec. 6.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 5.5, 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, 2023, for all other purposes.

________

CHAPTER 217, AB 410

Assembly Bill No. 410–Assemblymen Jauregui, Yeager, O’Neill and Monroe-Moreno

 

Joint Sponsors: Senators Pazina, Spearman and Stone

 

CHAPTER 217

 

[Approved: June 6, 2023]

 

AN ACT relating to industrial insurance; revising the circumstances in which certain employees are authorized to receive compensation under industrial insurance for certain stress-related claims; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, with certain exceptions, an injury or disease sustained by an employee caused by stress is compensable under industrial insurance only if the employee can prove by clear and convincing medical or psychiatric evidence that: (1) the employee has a mental injury caused by extreme stress in time of danger; (2) the primary cause of the injury was an event that arose out of and during the course of his or her employment; and (3) the stress was not caused by a layoff, termination or disciplinary action. Existing law provides that a first responder may prove by clear and convincing medical or psychiatric evidence that the mental injury was primarily caused by the first responder witnessing an event of a certain specified type during the course of his or her employment. Under existing law, an ailment or disorder caused by any gradual mental stimulus or any death or disability ensuing therefrom is not compensable under industrial insurance. (NRS 616C.180)

      Section 1 of this bill expands the stress-related injuries that may be compensable under industrial insurance under certain circumstances to include a mental injury which afflicts a first responder and which is caused by extreme stress for which the primary cause was witnessing an event or series of events that arose out of and during the course of employment and involved: (1) the death, or aftermath of the death, of a person as a result of a violent event; or (2) an injury, or the aftermath of an injury, that involves grievous bodily harm of a nature that shocks the conscience.

 


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ê2023 Statutes of Nevada, Page 1341 (CHAPTER 217, AB 410)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 616C.180 is hereby amended to read as follows:

      616C.180  1.  Except as otherwise provided in this section, an injury or disease sustained by an employee that is caused by stress is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS if it arose out of and in the course of his or her employment.

      2.  [Any] Except as otherwise provided in subsection 4, any ailment or disorder caused by any gradual mental stimulus, and any death or disability ensuing therefrom, shall be deemed not to be an injury or disease arising out of and in the course of employment.

      3.  Except as otherwise provided by subsections 4 and 5, an injury or disease caused by stress shall be deemed to arise out of and in the course of employment only if the employee proves by clear and convincing medical or psychiatric evidence that:

      (a) The employee has a mental injury caused by extreme stress in time of danger;

      (b) The primary cause of the injury was an event that arose out of and during the course of his or her employment; and

      (c) The stress was not caused by his or her layoff, the termination of his or her employment or any disciplinary action taken against him or her.

      4.  An injury or disease caused by stress shall be deemed to arise out of and in the course of employment [, and shall not be deemed the result of gradual mental stimulus,] if the employee is a first responder and proves by clear and convincing medical or psychiatric evidence that:

      (a) The employee has a mental injury caused by extreme stress due to the employee directly witnessing:

             (1) The death, or the aftermath of the death, of a person as a result of a violent event, including, without limitation, a homicide, suicide or mass casualty incident; or

             (2) An injury, or the aftermath of an injury, that involves grievous bodily harm of a nature that shocks the conscience; and

      (b) The primary cause of the mental injury was the employee witnessing an event or a series of events described in paragraph (a) during the course of his or her employment.

      5.  An injury or disease caused by stress shall be deemed to arise out of and in the course of employment, and shall not be deemed the result of gradual mental stimulus, if the employee is employed by the State or any of its agencies or political subdivisions and proves by clear and convincing medical or psychiatric evidence that:

      (a) The employee has a mental injury caused by extreme stress due to the employee responding to a mass casualty incident; and

 


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ê2023 Statutes of Nevada, Page 1342 (CHAPTER 217, AB 410)ê

 

      (b) The primary cause of the injury was the employee responding to the mass casualty incident during the course of his or her employment.

      6.  An agency which employs a first responder, including, without limitation, a first responder who serves as a volunteer, shall provide educational training to the first responder related to the awareness, prevention, mitigation and treatment of mental health issues.

      7.  The provisions of this section do not apply to a person who is claiming compensation pursuant to NRS 617.457.

      8.  As used in this section:

      (a) “Directly witness” means to see or hear for oneself.

      (b) “First responder” means:

             (1) A salaried or volunteer firefighter;

             (2) A police officer;

             (3) An emergency dispatcher or call taker who is employed by a law enforcement or public safety agency in this State; or

             (4) An emergency medical technician or paramedic who is employed by a public safety agency in this State.

      (c) “Mass casualty incident” means an event that, for the purposes of emergency response or operations, is designated as a mass casualty incident by one or more governmental agencies that are responsible for public safety or for emergency response.

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

      Sec. 4.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 5.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 4, 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 January 1, 2024, for all other purposes.

________

 


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ê2023 Statutes of Nevada, Page 1343ê

 

CHAPTER 218, SB 330

Senate Bill No. 330–Senator Lange

 

CHAPTER 218

 

[Approved: June 6, 2023]

 

AN ACT relating to health care; revising requirements for certain health insurance plans to provide certain benefits for preventative health care relating to breast cancer; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires most health insurance plans, including individual, group and blanket health insurance policies, small employer plans, benefit contracts provided by fraternal benefit societies, contracts for hospital or medical service, health care plans of health maintenance organizations and plans issued by managed care organizations to include coverage for mammograms. (NRS 689A.0405, 689B.0374, 689C.1674, 695A.1855, 695B.1912, 695C.1735, 695G.1713) Sections 1-5, 6 and 7 of this bill revise existing provisions requiring coverage for mammograms to require such policies, plans and contracts of health care to additionally provide coverage for imaging tests to screen for breast cancer and diagnostic imaging tests for breast cancer for certain covered persons without requiring any deductible, copayment, coinsurance or any other form of cost-sharing, except under certain circumstances relating to the eligibility of health savings accounts associated with policies, plans and contracts of health care that have high deductibles. Sections 5.5, 6.5, 7.5 and 8 of this bill make various changes to exclude the Public Employees’ Benefits Program and plans of self-insurance for employees of local governments from the requirements of this bill and, thus, the Program and such plans may, but are not required to, provide the coverage set forth in this bill. Sections 7.2 and 7.3 of this bill make changes necessary so that requirements concerning mammograms that currently apply to the Program and plans of self-insurance for employees of local governments continue to apply to the Program and such plans. Sections 7.7 and 7.9 of this bill make conforming changes to indicate the proper placement of sections 7.2 and 7.3, respectively, 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.NRS 689A.0405 is hereby amended to read as follows:

      689A.0405  1.  A policy of health insurance must provide coverage for benefits payable for expenses incurred for [a] :

      (a) A mammogram [every 2 years, or] to screen for breast cancer annually [if ordered by a provider of health care,] for [women] insureds who are 40 years of age or older.

      (b) An imaging test to screen for breast cancer on an interval and at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care based on personal or family medical history or additional factors that may increase the risk of breast cancer for the insured.

      (c) A diagnostic imaging test for breast cancer at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care to evaluate an abnormality which is:

 


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ê2023 Statutes of Nevada, Page 1344 (CHAPTER 218, SB 330)ê

 

             (1) Seen or suspected from a mammogram described in paragraph (a) or an imaging test described in paragraph (b); or

             (2) Detected by other means of examination.

      2.  An insurer must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.

      3.  Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of health insurance shall not:

      (a) [Require] Except as otherwise provided in subsection 6, require an insured to pay a [higher] deductible, [any] copayment , [or] coinsurance or any other form of cost-sharing or require a longer waiting period or other condition to obtain any benefit provided in the policy of health insurance pursuant to subsection 1;

      (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 any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      4.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, [2018,] 2024, 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 this section is void.

      5.  Except as otherwise provided in this section and federal law, an insurer may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an insured pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified policy of health insurance with respect to the deductible of such a policy of health insurance after the insured has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

 


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ê2023 Statutes of Nevada, Page 1345 (CHAPTER 218, SB 330)ê

 

      (b) “Network plan” means a policy of health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified policy of health insurance” means a policy of health insurance that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 2. NRS 689B.0374 is hereby amended to read as follows:

      689B.0374  1.  A policy of group health insurance must provide coverage for benefits payable for expenses incurred for [a] :

      (a) A mammogram [every 2 years, or] to screen for breast cancer annually [if ordered by a provider of health care,] for [women] insureds who are 40 years of age or older.

      (b) An imaging test to screen for breast cancer on an interval and at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care based on personal or family medical history or additional factors that may increase the risk of breast cancer for the insured.

      (c) A diagnostic imaging test for breast cancer at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care to evaluate an abnormality which is:

             (1) Seen or suspected from a mammogram described in paragraph (a) or an imaging test described in paragraph (b); or

             (2) Detected by other means of examination.

      2.  An insurer must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.

      3.  Except as otherwise provided in subsection 5, an insurer that offers or issues a policy of group health insurance shall not:

      (a) [Require] Except as otherwise provided in subsection 6, require an insured to pay a [higher] deductible, [any] copayment , [or] coinsurance or any other form of cost-sharing or require a longer waiting period or other condition to obtain any benefit provided in the policy of group health insurance pursuant to subsection 1;

      (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 any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

 


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ê2023 Statutes of Nevada, Page 1346 (CHAPTER 218, SB 330)ê

 

      4.  A policy subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, [2018,] 2024, 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 this section is void.

      5.  Except as otherwise provided in this section and federal law, an insurer may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an insured pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified policy of group health insurance with respect to the deductible of such a policy of group health insurance after the insured has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a policy of group health insurance offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified policy of group health insurance” means a policy of group health insurance that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 3. NRS 689C.1674 is hereby amended to read as follows:

      689C.1674  1.  A health benefit plan must provide coverage for benefits payable for expenses incurred for [a] :

      (a) A mammogram [every 2 years, or] to screen for breast cancer annually [if ordered by a provider of health care,] for [women] insureds who are 40 years of age or older.

      (b) An imaging test to screen for breast cancer on an interval and at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care based on personal or family medical history or additional factors that may increase the risk of breast cancer for the insured.

      (c) A diagnostic imaging test for breast cancer at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care to evaluate an abnormality which is:

 


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ê2023 Statutes of Nevada, Page 1347 (CHAPTER 218, SB 330)ê

 

             (1) Seen or suspected from a mammogram described in paragraph (a) or an imaging test described in paragraph (b); or

             (2) Detected by other means of examination.

      2.  A carrier must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the carrier.

      3.  Except as otherwise provided in subsection 5, a carrier that offers or issues a health benefit plan shall not:

      (a) [Require] Except as otherwise provided in subsection 6, require an insured to pay a [higher] deductible, [any] copayment , [or] coinsurance or any other form of cost-sharing or require a longer waiting period or other condition to obtain any benefit provided in the health benefit plan pursuant to subsection 1;

      (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 any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      4.  A plan subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, [2018,] 2024, 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 this section is void.

      5.  Except as otherwise provided in this section and federal law, a carrier may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an insured pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified health benefit plan with respect to the deductible of such a health benefit plan after the insured has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1348 (CHAPTER 218, SB 330)ê

 

      (b) “Network plan” means a health benefit plan offered by a carrier under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the carrier. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified health benefit plan” means a health benefit plan that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 4. NRS 695A.1855 is hereby amended to read as follows:

      695A.1855  1.  A benefit contract must provide coverage for benefits payable for expenses incurred for [a] :

      (a) A mammogram [every 2 years, or] to screen for breast cancer annually [if ordered by a provider of health care,] for [women] insureds who are 40 years of age or older.

      (b) An imaging test to screen for breast cancer on an interval and at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care based on personal or family medical history or additional factors that may increase the risk of breast cancer for the insured.

      (c) A diagnostic imaging test for breast cancer at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care to evaluate an abnormality which is:

             (1) Seen or suspected from a mammogram described in paragraph (a) or an imaging test described in paragraph (b); or

             (2) Detected by other means of examination.

      2.  A society must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the society.

      3.  Except as otherwise provided in subsection 5, a society that offers or issues a benefit contract shall not:

      (a) [Require] Except as otherwise provided in subsection 6, require an insured to pay a [higher] deductible, [any] copayment , [or] coinsurance or any other form of cost-sharing or require a longer waiting period or other condition for coverage to obtain any benefit provided in a benefit contract pursuant to subsection 1;

      (b) Refuse to issue a benefit contract or cancel a benefit contract solely because the person applying for or covered by the contract uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1349 (CHAPTER 218, SB 330)ê

 

      4.  A benefit contract subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, [2018,] 2024, has the legal effect of including the coverage required by subsection 1, and any provision of the benefit contract or the renewal which is in conflict with this section is void.

      5.  Except as otherwise provided in this section and federal law, a society may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an insured pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified benefit contract with respect to the deductible of such a benefit contract after the insured has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a benefit contract offered by a society under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the society. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified benefit contract” means a benefit contract that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 5. NRS 695B.1912 is hereby amended to read as follows:

      695B.1912  1.  An insurer that offers or issues a contract for hospital or medical service must provide coverage for benefits payable for expenses incurred for [a] :

      (a) A mammogram [every 2 years, or] to screen for breast cancer annually [if ordered by a provider of health care,] for [women] insureds who are 40 years of age or older.

      (b) An imaging test to screen for breast cancer on an interval and at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care based on personal or family medical history or additional factors that may increase the risk of breast cancer for the insured.

      (c) A diagnostic imaging test for breast cancer at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care to evaluate an abnormality which is:

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1350 (CHAPTER 218, SB 330)ê

 

             (1) Seen or suspected from a mammogram described in paragraph (a) or an imaging test described in paragraph (b); or

             (2) Detected by other means of examination.

      2.  An insurer must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the insurer.

      3.  Except as otherwise provided in subsection 5, an insurer that offers or issues a contract for hospital or medical service shall not:

      (a) [Require] Except as otherwise provided in subsection 6, require an insured to pay a [higher] deductible, [any] copayment , [or] coinsurance or any other form of cost-sharing or require a longer waiting period or other condition to obtain any benefit provided in a contract for hospital or medical service pursuant to subsection 1;

      (b) Refuse to issue a contract for hospital or medical service or cancel a contract for hospital or medical service solely because the person applying for or covered by the contract uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      4.  A contract for hospital or medical service subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, [2018,] 2024, has the legal effect of including the coverage required by subsection 1, and any provision of the contract or the renewal which is in conflict with this section is void.

      5.  Except as otherwise provided in this section and federal law, an insurer may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an insured pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified contract for hospital or medical service with respect to the deductible of such a contract for hospital or medical service after the insured has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1351 (CHAPTER 218, SB 330)ê

 

      (b) “Network plan” means a contract for hospital or medical service offered by an insurer under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the insurer. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified contract for hospital or medical service” means a contract for hospital or medical service that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 5.5. NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      5.  The provisions of NRS 695C.1694 to 695C.1698, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17333, 695C.17345, 695C.17347, 695C.1735, 695C.1737, 695C.1743, 695C.1745 and 695C.1757 apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      6.  The provisions of NRS 695C.1735 do not apply to a health maintenance organization that provides health care services to:

      (a) The officers and employees, and the dependents of officers and employees, of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State; or

      (b) Members of the Public Employees’ Benefits Program.

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1352 (CHAPTER 218, SB 330)ê

 

Ê This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      Sec. 6. NRS 695C.1735 is hereby amended to read as follows:

      695C.1735  1.  A health care plan of a health maintenance organization must provide coverage for benefits payable for expenses incurred for [a] :

      (a) A mammogram [every 2 years, or] to screen for breast cancer annually [if ordered by a provider of health care,] for [women] enrollees who are 40 years of age or older.

      (b) An imaging test to screen for breast cancer on an interval and at the age deemed most appropriate, when medically necessary, as recommended by the enrollee’s provider of health care based on personal or family medical history or additional factors that may increase the risk of breast cancer for the enrollee.

      (c) A diagnostic imaging test for breast cancer at the age deemed most appropriate, when medically necessary, as recommended by the enrollee’s provider of health care to evaluate an abnormality which is:

             (1) Seen or suspected from a mammogram described in paragraph (a) or an imaging test described in paragraph (b); or

             (2) Detected by other means of examination.

      2.  A health maintenance organization must ensure that the benefits required by subsection 1 are made available to an enrollee through a provider of health care who participates in the network plan of the health maintenance organization.

      3.  Except as otherwise provided in subsection 5, a health maintenance organization that offers or issues a health care plan shall not:

      (a) [Require] Except as otherwise provided in subsection 6, require an enrollee to pay a [higher] deductible, [any] copayment , [or] coinsurance or any other form of cost-sharing or require a longer waiting period or other condition to obtain any benefit provided in the health care plan pursuant to subsection 1;

      (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 any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an enrollee to discourage the enrollee from obtaining any benefit provided in the health care plan pursuant to subsection 1;

      (d) Penalize a provider of health care who provides any such benefit to an enrollee, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an enrollee; or

      (f) Impose any other restrictions or delays on the access of an enrollee to any such benefit.

      4.  A health care plan subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, [2018,] 2024, 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 this section is void.

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1353 (CHAPTER 218, SB 330)ê

 

      5.  Except as otherwise provided in this section and federal law, a health maintenance organization may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an enrollee pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified health care plan with respect to the deductible of such a health care plan after the enrollee has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a health care plan offered by a health maintenance organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the health maintenance organization. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified health care plan” means a health care plan of a health maintenance organization that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 6.5. NRS 695G.090 is hereby amended to read as follows:

      695G.090  1.  Except as otherwise provided in subsection 3, the provisions of this chapter apply to each organization and insurer that operates as a managed care organization and may include, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.

      2.  In addition to the provisions of this chapter, each managed care organization shall comply with:

      (a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and

      (b) Any other applicable provision of this title.

      3.  The provisions of NRS 695G.127, 695G.164, 695G.1645, 695G.167 and 695G.200 to 695G.230, inclusive, do not apply to a managed care organization that provides health care services to recipients of Medicaid

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1354 (CHAPTER 218, SB 330)ê

 

under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. [This subsection does]

      4.  The provisions of NRS 695C.1735 do not apply to a managed care organization that provides health care services to members of the Public Employees’ Benefits Program.

      5.  Subsections 3 and 4 do not exempt a managed care organization from any provision of this chapter for services provided pursuant to any other contract.

      Sec. 7. NRS 695G.1713 is hereby amended to read as follows:

      695G.1713  1.  A health care plan issued by a managed care organization must provide coverage for benefits payable for expenses incurred for [a] :

      (a) A mammogram [every 2 years, or] to screen for breast cancer annually [if ordered by a provider of health care,] for [women] insureds who are 40 years of age or older.

      (b) An imaging test to screen for breast cancer on an interval and at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care based on personal or family medical history or additional factors that may increase the risk of breast cancer for the insured.

      (c) A diagnostic imaging test for breast cancer at the age deemed most appropriate, when medically necessary, as recommended by the insured’s provider of health care to evaluate an abnormality which is:

             (1) Seen or suspected from a mammogram described in paragraph (a) or an imaging test described in paragraph (b); or

             (2) Detected by other means of examination.

      2.  A managed care organization must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the managed care organization.

      3.  Except as otherwise provided in subsection 5, a managed care organization that offers or issues a health care plan which provides coverage for prescription drugs shall not:

      (a) [Require] Except as otherwise provided in subsection 6, require an insured to pay a [higher] deductible, [any] copayment , [or] coinsurance or any other form of cost-sharing or require a longer waiting period or other condition to obtain any benefit provided in the health care plan pursuant to subsection 1;

      (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 any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1355 (CHAPTER 218, SB 330)ê

 

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      4.  A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, [2018,] 2024, 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 this section is void.

      5.  Except as otherwise provided in this section and federal law, a managed care organization may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an insured pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified health care plan with respect to the deductible of such a health care plan after the insured has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a health care plan offered by a managed care organization under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the managed care organization. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified health care plan” means a health care plan issued by a managed care organization that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 7.1.Chapter 287 of NRS is hereby amended by adding thereto the provisions set forth as sections 7.2 and 7.3 of this act.

      Sec. 7.2.1.  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 shall provide coverage for benefits payable for expenses incurred for a mammogram every 2 years, or annually if ordered by a provider of health care, for women 40 years of age or older.

      2.  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 ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the governing body.

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1356 (CHAPTER 218, SB 330)ê

 

through a plan of self-insurance must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the governing body.

      3.  Except as otherwise provided in subsection 5, 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 shall not:

      (a) Except as otherwise provided in subsection 6, require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition to obtain any benefit provided in the plan of self-insurance pursuant to subsection 1;

      (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 policy uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      4.  A plan of self-insurance subject to the provisions of this chapter which is delivered, issued for delivery or renewed on or after January 1, 2024, 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 this section is void.

      5.  Except as otherwise provided in this section and federal law, 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 may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an insured pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified plan of self-insurance with respect to the deductible of such a plan of self-insurance after the insured has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use.

 


…………………………………………………………………………………………………………………

ê2023 Statutes of Nevada, Page 1357 (CHAPTER 218, SB 330)ê

 

use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a plan of self-insurance provided by the governing body of a local governmental agency under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the governing body. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified plan of self-insurance” means a plan of self-insurance that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 7.3. 1.  If the Board provides health insurance through a plan of self-insurance, it shall provide coverage for benefits payable for expenses incurred for a mammogram every 2 years, or annually if ordered by a provider of health care, for women 40 years of age or older.

      2.  If the Board provides health insurance through a plan of self-insurance, it must ensure that the benefits required by subsection 1 are made available to an insured through a provider of health care who participates in the network plan of the Board.

      3.  Except as otherwise provided in subsection 5, if the Board provides health insurance through a plan of self-insurance, it shall not:

      (a) Except as otherwise provided in subsection 6, require an insured to pay a higher deductible, any copayment or coinsurance or require a longer waiting period or other condition to obtain any benefit provided in the plan of self-insurance pursuant to subsection 1;

      (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 uses or may use any such benefit;

      (c) Offer or pay any type of material inducement or financial incentive to an insured to discourage the insured from obtaining any such benefit;

      (d) Penalize a provider of health care who provides any such benefit to an insured, including, without limitation, reducing the reimbursement of the provider of health care;

      (e) Offer or pay any type of material inducement, bonus or other financial incentive to a provider of health care to deny, reduce, withhold, limit or delay access to any such benefit to an insured; or

      (f) Impose any other restrictions or delays on the access of an insured to any such benefit.

      4.  A plan of self-insurance described in subsection 1 which is delivered, issued for delivery or renewed on or after January 1, 2024, 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 this section is void.

      5.  Except as otherwise provided in this section and federal law, if the Board provides health insurance through a plan of self-insurance, the Board may use medical management techniques, including, without limitation, any available clinical evidence, to determine the frequency of or treatment relating to any benefit required by this section or the type of provider of health care to use for such treatment.

 


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ê2023 Statutes of Nevada, Page 1358 (CHAPTER 218, SB 330)ê

 

      6.  If the application of paragraph (a) of subsection 3 would result in the ineligibility of a health savings account of an insured pursuant to 26 U.S.C. § 223, the prohibitions of paragraph (a) of subsection 3 shall apply only for a qualified plan of self-insurance with respect to the deductible of such a plan of self-insurance after the insured has satisfied the minimum deductible pursuant to 26 U.S.C. § 223, except with respect to items or services that constitute preventive care pursuant to 26 U.S.C. § 223(c)(2)(C), in which case the prohibitions of paragraph (a) of subsection 3 shall apply regardless of whether the minimum deductible under 26 U.S.C. § 223 has been satisfied.

      7.  As used in this section:

      (a) “Medical management technique” means a practice which is used to control the cost or utilization of health care services or prescription drug use. The term includes, without limitation, the use of step therapy, prior authorization or categorizing drugs and devices based on cost, type or method of administration.

      (b) “Network plan” means a plan of self-insurance provided by the Board under which the financing and delivery of medical care, including items and services paid for as medical care, are provided, in whole or in part, through a defined set of providers under contract with the Board. The term does not include an arrangement for the financing of premiums.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      (d) “Qualified plan of self-insurance” means a plan of self-insurance that has a high deductible and is in compliance with 26 U.S.C. § 223 for the purposes of establishing a health savings account.

      Sec. 7.5. NRS 287.010 is hereby amended to read as follows:

      287.010  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 may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada.

 


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ê2023 Statutes of Nevada, Page 1359 (CHAPTER 218, SB 330)ê

 

deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 686A.135, 687B.352, 687B.408, 687B.723, 687B.725, 689B.030 to 689B.0369, inclusive, 689B.0375 to 689B.050, inclusive, 689B.265, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

      (a) Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

 


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ê2023 Statutes of Nevada, Page 1360 (CHAPTER 218, SB 330)ê

 

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 7.7. NRS 287.040 is hereby amended to read as follows:

      287.040  The provisions of NRS 287.010 to 287.040, inclusive, and section 7.2 of this act do not make it compulsory upon any governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada, except as otherwise provided in NRS 287.021 or subsection 4 of NRS 287.023 or in an agreement entered into pursuant to subsection 3 of NRS 287.015, to pay any premiums, contributions or other costs for group insurance, a plan of benefits or medical or hospital services established pursuant to NRS 287.010, 287.015, 287.020 or paragraph (b), (c) or (d) of subsection 1 of NRS 287.025, for coverage under the Public Employees’ Benefits Program, or to make any contributions to a trust fund established pursuant to NRS 287.017, or upon any officer or employee of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State to accept any such coverage or to assign his or her wages or salary in payment of premiums or contributions therefor.

      Sec. 7.9. NRS 287.0402 is hereby amended to read as follows:

      287.0402  As used in NRS 287.0402 to 287.049, inclusive, and section 7.3 of this act, unless the context otherwise requires, the words and terms defined in NRS 287.0404 to 287.04064, inclusive, have the meanings ascribed to them in those sections.

      Sec. 8. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 686A.135, 687B.352, 687B.409, 687B.723, 687B.725, 689B.0353, 689B.255, 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 695G.1635, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.1675, 695G.170 to 695G.1712, inclusive, 695G.1714 to 695G.174, inclusive, 695G.176, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, and 695G.405, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 9.  This act becomes effective on January 1, 2024.

________

 


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ê2023 Statutes of Nevada, Page 1361ê

 

CHAPTER 219, SB 80

Senate Bill No. 80–Committee on Education

 

CHAPTER 219

 

[Approved: June 6, 2023]

 

AN ACT relating to public safety; requiring the Superintendent of Public Instruction to adopt a policy concerning the treatment of injuries to the head; revising the contents of certain policies adopted by the Nevada Interscholastic Activities Association, the board of trustees of a school district and organizations for youth sports concerning the prevention and treatment of injuries to the head; requiring certain schools to adopt such a policy; revising the requirements for a provider of health care to perform certain functions under such a policy; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Nevada Interscholastic Activities Association, the board of trustees of each school district and each organization for youth sports that sponsors or sanctions competitive sports for youth to adopt a policy concerning the prevention and treatment of injuries to the head. Existing law requires such a policy to require: (1) a pupil or youth who sustains or is suspected to have sustained an injury to the head to be removed from an activity or event to which the policy applies; and (2) the parent or guardian of such a pupil or youth to provide a signed statement from a provider of health care authorizing the pupil or youth to return to the activity or event before the pupil or youth is authorized to return to the activity or event. (NRS 385B.080, 392.452, 455A.200)

      Section 6.5 of this bill requires the Superintendent of Public Instruction to adopt by regulation a policy concerning the treatment of injuries to the head that affect the ability of a pupil to engage in his or her course work at school. Regulations adopted pursuant to section 6.5 must require a school to authorize a pupil who has sustained or is suspected of sustaining an injury to the head to receive reasonable accommodations that are based on peer-reviewed evidence. Section 6.5 requires the Superintendent to post the policy on an Internet website maintained by the Department of Education.

      Section 7 of this bill requires the Association to adopt regulations prescribing the policy of the Association concerning the prevention and treatment of injuries to the head. Section 7 additionally requires the association to compile information on the prevention and treatment of injuries to the head. Section 7 also requires the Association to: (1) provide the policy to a parent or legal guardian of a pupil before the pupil participates in an interscholastic activity or event and annually thereafter; (2) ensure that the pupil and his or her parent or legal guardian sign a form containing certain disclosures before the pupil participates in an interscholastic activity or event and annually thereafter; and (3) post the policy and information to an Internet website maintained by the Association. Section 8 of this bill requires the board of trustees of each school district and the governing body of each charter school or university school for profoundly gifted pupils to adopt a policy with the same or substantially similar provisions as those required in sections 6.5 and 7 and to modify such provisions as necessary for the provisions to apply to any pupil that sustains an injury to the head.

      Section 10 of this bill requires each organization for youth sports that sanctions or sponsors competitive sports for youths in this State to adopt a policy with the same or substantially similar provisions as those required in section 7.

 


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ê2023 Statutes of Nevada, Page 1362 (CHAPTER 219, SB 80)ê

 

      Sections 6.5-8 and 10 require the Superintendent, the Association, the board of trustees of each school district, the governing body of each charter school or university school for profoundly gifted pupils and each organization for youth sports, as applicable, to review the policy each person or organization adopted pursuant to the provisions of this bill at least once every 5 years and update it as necessary to reflect current best practices in the treatment and prevention of injuries to the head.

      If a pupil or youth sustains an injury to the head, existing law requires that a provider of health care sign a form indicating that the pupil is medically cleared for participation in an activity, event or competitive sport before the pupil is authorized to return to such participation. (NRS 385B.080, 392.452, 455A.200) Sections 7, 8 and 10 additionally require the provider of health care that signs such a form to be acting within his or her scope of practice.

 

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

 

      Whereas, A concussion is a type of injury to the brain that has the ability to mildly or severely disrupt the normal function of the brain; and

      Whereas, Some concussions cause people to lose consciousness, but the majority of concussions occur without a loss of consciousness; and

      Whereas, Concussions may occur in any organized or unorganized sport or recreational activity or through daily life events and can result from a fall or collision with another person, the ground or an object; and

      Whereas, According to the Johns Hopkins University School of Medicine, children and young adults are at greater risk of sustaining a concussion than the average adult; and

      Whereas, The Mayo Clinic estimates that between 15 and 20 percent of concussions result in post-concussive syndrome, the long-term effects of which may include cognitive impairment, depression, personality changes and other psychological disorders; and

      Whereas, The Johns Hopkins University School of Medicine advises that concussions be treated with rest and limiting activities that require a person to concentrate heavily; and

      Whereas, The National Center for Injury Prevention and Control of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services stresses the importance of schools and sports organizations adopting policies to reduce the risk of a child sustaining a concussion and ensure that proper treatment is provided to a child that sustains a concussion; now, therefore,

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-6. (Deleted by amendment.)

      Sec. 6.5. Chapter 385 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Superintendent of Public Instruction shall, in cooperation with the Nevada Interscholastic Activities Association and the Chief Medical Officer, adopt regulations prescribing a policy concerning the treatment of injuries to the head that affect the ability of a pupil to learn and otherwise engage with his or her course work at school, including, without limitation, a concussion of the brain.

 


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ê2023 Statutes of Nevada, Page 1363 (CHAPTER 219, SB 80)ê

 

      2.  The policy adopted pursuant to subsection 1 must require a school to authorize a pupil who has sustained or is suspected of sustaining an injury to the head to receive reasonable accommodations that are based on peer-reviewed evidence until the pupil is mentally and physically ready to return to full participation in his or her course work. Such accommodations may include, without limitation:

      (a) Rest;

      (b) A modified schedule or curriculum; or

      (c) Monitoring by a school nurse, athletic trainer or other person qualified to monitor the mental and physical health of the pupil.

      3.  The Superintendent of Public Instruction shall post the policy adopted pursuant to subsection 1 on an Internet website maintained by the Department.

      4.  At least once every 5 years, the Superintendent of Public Instruction shall:

      (a) Review the policy adopted pursuant to subsection 1; and

      (b) Update the policy to reflect current best practices in the prevention and treatment of injuries to head.

      Sec. 7. NRS 385B.080 is hereby amended to read as follows:

      385B.080  1.  The Nevada Interscholastic Activities Association shall , in cooperation with the Superintendent of Public Instruction and the Chief Medical Officer, adopt regulations prescribing a policy concerning the prevention and treatment of injuries to the head which may occur during or otherwise affect a pupil’s participation in interscholastic activities and events, including, without limitation, a concussion of the brain. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in interscholastic activities and events, including, without limitation, the risks associated with continuing to participate in the activity or event after sustaining such an injury.

      2.  The policy adopted pursuant to subsection 1 must require that if a pupil has or sustains or is suspected of having or sustaining an injury to the head while participating in an interscholastic activity or event, the pupil:

      (a) Must be immediately removed from the activity or event; and

      (b) May return to the activity or event if the parent or legal guardian of the pupil provides a signed statement of a provider of health care acting within his or her scope of practice indicating that the pupil is medically cleared for participation in the activity or event and the date on which the pupil may return to the activity or event.

      3.  The Nevada Interscholastic Activities Association shall compile educational information on the prevention and treatment of injuries to the head, including, without limitation:

      (a) Information about injuries to the head, including, without limitation, traumatic brain injuries and concussions of the brain;

      (b) The procedure to be followed after an injury to the head or a suspected injury to the head of a pupil is sustained, including, without limitation, any procedure in the policy adopted pursuant to subsection 1 to determine when a pupil may return to full participation in any interscholastic activity or event;

      (c) The symptoms that a pupil who has sustained an injury to the head is likely to exhibit and the manner in which such symptoms are likely to subside over time; and

 


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ê2023 Statutes of Nevada, Page 1364 (CHAPTER 219, SB 80)ê

 

      (d) The recommended care and accommodations for a pupil who has sustained or is suspected to have sustained a concussion or other injury to the head and the resources for identifying the proper care and accommodations for a specific pupil.

      [3.] 4.  Before a pupil participates in an interscholastic activity or event, and on an annual basis thereafter, the Nevada Interscholastic Activities Association shall ensure that the pupil and his or her parent or legal guardian:

      (a) [Must be] Are provided with a copy of the policy adopted pursuant to subsection 1; and

      (b) [Must sign] Sign a statement on a form prescribed by the Nevada Interscholastic Activities Association acknowledging that the pupil , if capable, and his or her parent or guardian [have read and understand the terms and conditions of the policy.

      4.  As used in this section, “provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.] understand:

             (1) That injuries to the head may occur during the participation of a pupil in interscholastic activities and events;

             (2) The risks associated with participating in an activity or event in which a pupil may sustain an injury to the head;

             (3) The risks associated with continuing to participate in an activity or event after a pupil has sustained an injury to the head; and

             (4) That the policy adopted pursuant to subsection 1 and the educational information compiled pursuant to subsection 3 are available on the Internet website maintained by the Nevada Interscholastic Activities Association.

      5.  The Nevada Interscholastic Activities Association shall post the policy adopted pursuant to subsection 1 and the educational information compiled pursuant to subsection 3 on the Internet website of the Nevada Interscholastic Activities Association.

      6.  At least once every 5 years, the Nevada Interscholastic Activities Association shall:

      (a) Review the policy adopted pursuant to subsection 1 and the information compiled pursuant to subsection 3; and

      (b) Update the policy and information to reflect current best practices in the prevention and treatment of injuries to head.

      7.  As used in this section, “provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      Sec. 8. NRS 392.452 is hereby amended to read as follows:

      392.452  1.  [For those competitive sports not governed by the Nevada Interscholastic Activities Association pursuant to chapter 385B of NRS, the] The board of trustees of each school district , the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall adopt a policy concerning the prevention and treatment of injuries to the head [which may occur during] of a [pupil’s participation in competitive sports within the school district,] pupil, including, without limitation, a concussion of the brain.

 


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ê2023 Statutes of Nevada, Page 1365 (CHAPTER 219, SB 80)ê

 

including, without limitation, a concussion of the brain. [To the extent practicable, the] The policy must [be consistent with] :

      (a) Include at least the same or substantially similar provisions as the [policy] policies adopted by the Superintendent of Public Instruction pursuant to section 6.5 of this act and the Nevada Interscholastic Activities Association pursuant to NRS 385B.080 [. The policy must provide information concerning the nature and risk of injuries to the head which may occur during a pupil’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.] ; and

      (b) Be modified as necessary to cover all pupils at a school who have or sustain, or are suspected of having or sustaining, an injury to the head, regardless of whether a pupil is at school or participating in an extracurricular activity when the injury or suspected injury occurs.

      2.  The policy adopted pursuant to subsection 1 must require that if a pupil has or sustains , or is suspected of having or sustaining , an injury to the head while participating in competitive sports, the pupil:

      (a) Must be immediately removed from the competitive sport; and

      (b) May return to the competitive sport if the parent or legal guardian of the pupil provides a signed statement of a provider of health care acting within his or her scope of practice indicating that the pupil is medically cleared for participation in the competitive sport and the date on which the pupil may return to the competitive sport.

      3.  Before a pupil participates in competitive sports within a school district [,] or for a charter school or university school for profoundly gifted pupils, and on an annual basis thereafter, the board of trustees of a school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall ensure that each pupil and his or her parent or legal guardian:

      (a) [Must be] Are provided with a copy of the policy adopted pursuant to subsection 1; and

      (b) [Must sign] Sign a statement on a form prescribed by the board of trustees of the school district, governing body of the charter school or the governing body of the university school for profoundly gifted pupils, as applicable, acknowledging that the pupil , if capable, and his or her parent or guardian [have read and understand the terms and conditions of the policy.

      4.] understand:

             (1) That injuries to the head may occur during the participation of a pupil in interscholastic activities and events;

             (2) The risks associated with participating in an activity or event in which a pupil may sustain an injury to the head;

             (3) The risks associated with continuing to participate in an activity or event after a pupil has sustained an injury to the head; and

             (4) That the policy adopted pursuant to subsection 1 and the educational information compiled pursuant to subsection 3 of NRS 385B.080 are available on the Internet website maintained by the school district, charter school or university school for profoundly gifted pupils in which the pupil is enrolled.

      4.  Upon notification that a pupil enrolled in a public school has sustained or is suspected of having sustained an injury to the head, the board of trustees of a school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils, as applicable, shall ensure that the pupil and his or her parent or legal guardian are provided with a printed or electronic copy of the policy adopted pursuant to subsection 1.

 


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ê2023 Statutes of Nevada, Page 1366 (CHAPTER 219, SB 80)ê

 

gifted pupils, as applicable, shall ensure that the pupil and his or her parent or legal guardian are provided with a printed or electronic copy of the policy adopted pursuant to subsection 1.

      5.  Each public school, charter school and university school for profoundly gifted pupils shall post the policy adopted pursuant to subsection 1 and the educational information prepared pursuant to subsection 3 of NRS 385B.080 on an Internet website maintained by the school.

      6.  At least once every 5 years, the board of trustees of each school district, the governing body of each charter school and the governing body of each university school for profoundly gifted pupils shall:

      (a) Review the policy adopted pursuant to subsection 1; and

      (b) Update the policy to reflect current best practices in the prevention and treatment of injuries to the head.

      7.  Each employee of a public school who supports the academics or health, including, without limitation, mental or physical health, of a pupil who has sustained or is suspected of having sustained an injury to the head must annually complete training regarding the prevention and treatment of injuries to the head, which must include, without limitation, a review of the educational information compiled pursuant to subsection 3 of NRS 385B.080. Each public school shall maintain a record of the training required by this section which is completed by each employee of the public school and provide such a record upon request.

      8.  As used in this section, “provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      Sec. 9. (Deleted by amendment.)

      Sec. 10. NRS 455A.200 is hereby amended to read as follows:

      455A.200  1.  Each organization for youth sports that sanctions or sponsors competitive sports for youths in this State shall adopt a policy concerning the prevention and treatment of injuries to the head which may occur during or otherwise affect a youth’s participation in those competitive sports, including, without limitation, a concussion of the brain. [To the extent practicable, the] The policy must [be consistent with] include at least the same or substantially similar provisions as the policy adopted by the Nevada Interscholastic Activities Association pursuant to subsection 1 of NRS 385B.080. [The policy must provide information concerning the nature and risk of injuries to the head which may occur during a youth’s participation in competitive sports, including, without limitation, the risks associated with continuing to participate in competitive sports after sustaining such an injury.]

      2.  The policy adopted pursuant to subsection 1 must require that if a youth has or sustains , or is suspected of having or sustaining , an injury to the head while participating in competitive sports, the youth:

      (a) Must be immediately removed from the competitive sport; and

      (b) May return to the competitive sport if the parent or legal guardian of the youth provides a signed statement of a provider of health care acting within his or her scope of practice indicating that the youth is medically cleared for participation in the competitive sport and the date on which the youth may return to the competitive sport.

 


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ê2023 Statutes of Nevada, Page 1367 (CHAPTER 219, SB 80)ê

 

      3.  Before a youth participates in competitive sports sanctioned or sponsored by an organization for youth sports in this State, and on an annual basis thereafter, the organization for youth sports shall ensure that the youth and his or her parent or legal guardian:

      (a) [Must be] Are provided with a copy of the policy adopted pursuant to paragraph (a) of subsection 1; and

      (b) [Must sign] Sign a statement on a form prescribed by the organization for youth sports acknowledging that the youth , if capable, and his or her parent or legal guardian [have read and understand the terms and conditions of the policy.

      4.] understand:

             (1) That injuries to the head may occur during the participation of a youth in youth sports;

             (2) The risks associated with participating in a youth sport in which a youth may sustain an injury to the head;

             (3) The risks associated with continuing to participate in a youth sport after a youth has sustained an injury to the head;

             (4) That the policy adopted pursuant to subsection 1 is available on the Internet website, if any, maintained by the organization for youth sports; and

             (5) That the policy adopted and the educational information compiled pursuant to NRS 385B.080 are available on the Internet website maintained by the Nevada Interscholastic Activities Association.

      4. Each organization for youth sports that sanctions or sponsors competitive sports for youths shall post the policy adopted pursuant to subsection 1 on an Internet website maintained by the organization, if any.

      5.  At least once every 5 years, each organization for youth sports that sanctions or sponsors competitive sports for youths in this State shall:

      (a) Review the policy adopted pursuant to subsection 1; and

      (b) Update the policy to reflect current best practice in the prevention and treatment of injuries to the head.

      6. As used in this section:

      (a) “Provider of health care” means a physician or physician assistant licensed under chapter 630 or 633 of NRS, an advanced practice registered nurse licensed under chapter 632 of NRS, a physical therapist licensed under chapter 640 of NRS or an athletic trainer licensed under chapter 640B of NRS.

      (b) “Youth” means a person under the age of 18 years.

      Sec. 11.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 12.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 11, 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 July 1, 2024, for all other purposes.

________

 


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ê2023 Statutes of Nevada, Page 1368 (CHAPTER 219, SB 80)ê

 

EMERGENCY REQUEST of Speaker of the Assembly

 

CHAPTER 220, AB 465

Assembly Bill No. 465–Assemblymen Yeager; and Gray

 

Joint Sponsor: Senator Spearman

 

CHAPTER 220

 

[Approved: June 6, 2023]

 

AN ACT relating to the state militia; revising the age requirements for enlisted personnel and commissioned officers; revising provisions governing the Adjutant General of the Office of the Military; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the position of the Adjutant General as an appointed member of the military staff of the Governor and grants the Adjutant General the authority to appoint two Assistant Adjutants General that are selected from the commissioned officers of the Armed Forces of the United States. (NRS 412.042, 412.044) Section 2 of this bill requires that the two Assistant Adjutants General are instead selected from the commissioned officers of the Nevada National Guard.

      Existing law further provides that to be eligible for appointment to the office of Adjutant General or Assistant Adjutant General, a person must be an officer of the Armed Forces of the United States and be federally recognized in the grade of colonel or higher. (NRS 412.044, 412.054) Sections 3 and 4 of this bill require instead that to be eligible for appointment to the office of Adjutant General or Assistant Adjutant General, a person must be an officer of the Nevada National Guard, federally recognized in the grade of colonel or higher and must have completed at least 4 years of service in the Nevada National Guard as a federally recognized officer.

      Existing law establishes the Nevada National Guard as an organized body of enlisted personnel between the ages of 17 and 64 years and commissioned officers between the ages of 18 and 64 years. (NRS 412.026) Section 1 of this bill instead provides that enlisted personnel and commissioned officers serve in accordance with the age requirements set forth under federal law and any applicable regulations.

 

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 412.026 is hereby amended to read as follows:

      412.026  1.  The militia of the State is composed of the Nevada National Guard and, when called into active service by the Governor, reservists to the Nevada National Guard and any volunteer military organizations licensed by the Governor.

      2.  The Nevada National Guard is an organized body of enlisted personnel [between the ages of 17 and 64 years] and commissioned officers [between the ages of 18 and 64 years,] who serve in accordance with the age requirements set forth under federal law and any applicable regulations adopted pursuant thereto, divided into the Nevada Army National Guard and the Nevada Air National Guard.

      3.  If a volunteer military organization is formed and becomes licensed by the Governor, it shall consist of an organized body of able-bodied residents of the State between the ages of 17 and 64 years who are not serving in any force of the Nevada National Guard and who are or who have declared their intention to become citizens of the United States.

 


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ê2023 Statutes of Nevada, Page 1369 (CHAPTER 220, AB 465)ê

 

residents of the State between the ages of 17 and 64 years who are not serving in any force of the Nevada National Guard and who are or who have declared their intention to become citizens of the United States.

      Sec. 2. NRS 412.042 is hereby amended to read as follows:

      412.042  1.  The military staff of the Governor consists of the Adjutant General and not more than two Assistant Adjutants General selected from the commissioned officers of the [Armed Forces of the United States.] Nevada National Guard.

      2.  The military staff of the Governor shall perform such ceremonial functions and duties as the Governor may prescribe.

      Sec. 3. NRS 412.044 is hereby amended to read as follows:

      412.044  1.  The Governor shall appoint an Adjutant General who shall serve at the pleasure of the Governor or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial. The service of the Adjutant General shall continue while such Adjutant General is serving in a federal active duty status under an order or call by the President of the United States.

      2.  To be eligible for appointment to the office of Adjutant General, a person must be an officer of the [Armed Forces of the United States] Nevada National Guard and federally recognized in the grade of colonel or higher [.] and must have completed at least 4 years of service in the Nevada National Guard as a federally recognized officer.

      3.  The Adjutant General may be appointed in the grade of colonel or higher, but not exceeding that of major general. If appointed in a lower grade, the Adjutant General may be promoted by the Governor to any grade not exceeding that of major general.

      Sec. 4. NRS 412.054 is hereby amended to read as follows:

      412.054  1.  The Adjutant General may appoint two Assistant Adjutants General, one each from the Nevada Army National Guard and the Nevada Air National Guard, who may serve as Chief of Staff for Army and Chief of Staff for Air, respectively, at the pleasure of the Adjutant General or until relieved by reason of resignation, withdrawal of federal recognition or for cause to be determined by a court-martial.

      2.  To be eligible for appointment to the office of Assistant Adjutant General, a person must be an officer of the [Armed Forces of the United States] Nevada National Guard and be federally recognized in the grade of colonel or higher [.] and must have completed at least 4 years of service in the Nevada National Guard as a federally recognized officer.

      3.  An Assistant Adjutant General may be appointed in the grade of colonel or higher, but not exceeding that of brigadier general. An Assistant Adjutant General may be promoted by the Governor to any grade not exceeding that of brigadier general.

      4.  The Assistant Adjutants General shall perform such duties as may be assigned by the Adjutant General.

      5.  Whoever serves as Chief of Staff for Army is in the unclassified service of the State and, except as otherwise provided in NRS 284.143, shall not hold any other city, county, state or federal office of profit.

      6.  In the event of the absence or inability of the Adjutant General to perform his or her duties, the Adjutant General shall designate by Office regulations:

      (a) One of the Assistant Adjutants General to perform the duties of his or her office as Acting Adjutant General.

 


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ê2023 Statutes of Nevada, Page 1370 (CHAPTER 220, AB 465)ê

 

      (b) If neither Assistant Adjutant General is available, any national guard officer to be the Acting Adjutant General.

Ê The designated Assistant Adjutant General or designated officer may continue to receive his or her authorized salary while so serving as Acting Adjutant General, and shall so serve until the Adjutant General is again able to perform the duties of the office, or if the office is vacant, until an Adjutant General is regularly appointed and qualified.

      Sec. 5.  This act becomes effective on July 1, 2023.

________

CHAPTER 221, AB 202

Assembly Bill No. 202–Assemblywoman Summers-Armstrong

 

CHAPTER 221

 

[Approved: June 7, 2023]

 

AN ACT relating to medical facilities; authorizing a patient in a facility for skilled nursing or his or her representative to request the installation and use of an electronic communication device in the living quarters of the patient; prescribing requirements for the selection and operation of such a device; prohibiting a person from taking certain actions concerning such a device or the images and sounds broadcast by such a device; prohibiting a facility for skilled nursing or an employee of such a facility from taking certain additional actions; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes certain duties of a medical facility, including a facility for skilled nursing, and specific rights of a patient in such a facility. (NRS 449A.100-449A.124) Sections 3-7 of this bill define certain terms. Section 9 of this bill authorizes a patient in a facility for skilled nursing or the representative of such a patient to request the installation and use of an electronic communication device in the living quarters of the patient under certain circumstances. Among other requirements, section 9 requires the patient or representative of the patient to: (1) agree to waive the right to privacy of the patient; and (2) obtain the consent of the roommate of the patient or his or her representative, if applicable. Section 8 of this bill prescribes the requirements to act as the representative of a patient or roommate for those purposes. Section 9 requires a facility for skilled nursing to make reasonable efforts to accommodate a patient whose roommate fails to provide such consent. Section 9 also authorizes a patient, representative or roommate to revoke a request for, or consent to, the installation and use of an electronic communication device.

      Section 9 requires a facility for skilled nursing to approve a request for the installation and use of an electronic communication device if the applicable requirements are met. If such approval is granted, section 10 of this bill provides that the patient or his or her representative is responsible for: (1) choosing the electronic communication device, subject to certain limitations; and (2) the cost of installing, maintaining and removing the electronic communication device and any repairs required due to the installation or removal of the electronic communication device.

 


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ê2023 Statutes of Nevada, Page 1371 (CHAPTER 221, AB 202)ê

 

      Section 11 of this bill generally prohibits a person other than the patient or the representative for the patient who has requested the installation and use of an electronic communication device from intentionally: (1) obstructing, tampering with or destroying any such device or recording made by such a device; and (2) viewing or listening to any images or sounds which are displayed, broadcast or recorded by any such device except as otherwise authorized. Section 11 authorizes an attorney for a patient or certain government officials to view or listen to any images or sounds which are displayed, broadcast or recorded by an electronic communication device or to temporarily disable or turn off such a device. Sections 9 and 11 authorize a patient or the representative of a patient to authorize additional persons to view or listen to images or sounds which are displayed, broadcast or recorded by an electronic communication device. Section 11 prohibits a facility for skilled nursing from denying admission to or discharging a patient from the facility or otherwise discriminating or retaliating against a patient because of a decision to request the installation and use of an electronic communication device. Section 12 of this bill subjects a person or entity who violates the provisions of section 11 to certain civil and criminal penalties, and section 1 of this bill subjects a facility for skilled nursing that violates the provisions of sections 3-14 of this bill to disciplinary action. Section 13 of this bill: (1) requires a facility for skilled nursing to post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in use in that living quarters; and (2) prohibits an employee at a facility for skilled nursing from refusing to enter the living quarters of a patient or fail to perform any of the duties of the employee on the grounds that an electronic communication device is in use in the living quarters. Section 14 of this bill: (1) authorizes the State Board of Health to adopt regulations necessary to carry out the provisions of sections 3-14; and (2) makes the provisions of sections 3-14 inapplicable to an electronic communication device that is installed by a law enforcement agency and used solely for a legitimate law enforcement purpose.

 

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 449.160 is hereby amended to read as follows:

      449.160  1.  The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

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

      (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.

      (f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.

 


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ê2023 Statutes of Nevada, Page 1372 (CHAPTER 221, AB 202)ê

 

      (g) Violation of the provisions of NRS 458.112.

      (h) Failure to comply with the provisions of sections 3 to 14, inclusive, of this act and any regulation adopted pursuant thereto.

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

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

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

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

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

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

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

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

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

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

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

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

      Sec. 2. Chapter 449A of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 14, inclusive, of this act.

      Sec. 3. As used in sections 3 to 14, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 4. “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039.

      Sec. 5. “Guardian” has the meaning ascribed to it in NRS 159.017.

      Sec. 6. “Living quarters” means the room in which a patient resides.

      Sec. 7. “Representative” means a person who is authorized to serve as the representative of a patient pursuant to section 8 of this act.

      Sec. 8. A person may serve as the representative of a patient in a facility for skilled nursing, including, without limitation, a patient who is the roommate of a patient who wishes to submit or has submitted a request pursuant to section 9 of this act, for the purposes of sections 3 to 14, inclusive, of this act if the person:

      1.  Is the guardian of the patient whom he or she is representing and:

      (a) The power to make decisions on behalf of the patient pursuant to sections 3 to 14, inclusive, of this act is specifically authorized under the existing guardianship; or

 


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ê2023 Statutes of Nevada, Page 1373 (CHAPTER 221, AB 202)ê

 

      (b) The guardian has separately petitioned for and been granted such power by the court that has jurisdiction over the guardianship; or

      2.  Has been given power of attorney to make decisions concerning health care for the patient pursuant to NRS 162A.700 to 162A.870, inclusive, and the power to make decisions on behalf of the patient pursuant to sections 3 to 14, inclusive, of this act is specifically delegated to the person in the power of attorney.

      Sec. 9. 1.  A patient in a facility for skilled nursing or the representative of the patient may request the installation and use of an electronic communication device in the living quarters of the patient by submitting to the facility for skilled nursing:

      (a) A completed form prescribed by the facility pursuant to subsection 3; or

      (b) If the facility has not prescribed a form pursuant to subsection 3, a written request that meets the requirements of subsection 2.

      2.  A request submitted pursuant to subsection 1 must include or be accompanied by:

      (a) Information regarding the type, function and expected use of the electronic communication device which will be installed and used;

      (b) The name and contact information for any person other than the patient or his or her representative who is authorized to view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic communication device pursuant to subsection 3 of section 11 of this act;

      (c) An agreement by the patient or the representative of the patient to, except as otherwise provided by section 11 of this act:

             (1) Waive the patient’s right to privacy in connection with use of the electronic communication device; and

             (2) Release the facility for skilled nursing and any employee of the facility from any administrative, civil or criminal liability for a violation of the patient’s right to privacy in connection with use of the electronic communication device;

      (d) If the patient has a roommate:

             (1) The written consent of the roommate or the representative of the roommate to the installation and use of an electronic communication device in the living quarters of the patient; and

             (2) An agreement by the roommate or the representative of the roommate to, except as otherwise provided in section 11 of this act:

                   (I) Waive the roommate’s right to privacy in connection with use of the electronic communication device; and

                   (II) Release the facility for skilled nursing and any employee of the facility from any administrative, civil or criminal liability for a violation of the roommate’s right to privacy in connection with the use of the electronic communication device; and

      (e) If the request is submitted by the representative of the patient, proof that the representative of the patient meets the requirements of section 8 of this act.

      3.  A facility for skilled nursing may prescribe a form for use by a patient or the representative of a patient to request to install and use an

 


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ê2023 Statutes of Nevada, Page 1374 (CHAPTER 221, AB 202)ê

 

electronic communication device in the living quarters of the patient. To the extent practicable, such a form must be provided in a language chosen by the patient or the representative of the patient. Such a form must include, without limitation:

      (a) An explanation of the provisions of sections 3 to 14, inclusive, of this act; and

      (b) Places to record the information, agreements and consent described in paragraphs (a) to (d), inclusive, of subsection 2.

      4.  A facility for skilled nursing shall approve a request by a patient or the representative of a patient pursuant to this section if the request meets the requirements of this section.

      5.  If the roommate or the representative of the roommate of a patient who wishes to submit a request pursuant to subsection 1, or whose representative wishes to submit such a request, refuses to provide consent and enter into the agreement required by paragraph (d) of subsection 2, the facility for skilled nursing shall make reasonable attempts to accommodate the patient. Such reasonable attempts may include, without limitation, moving either the patient or his or her roommate to different living quarters with the consent of the person being moved or his or her representative.

      6.  A patient or the representative of a patient who has submitted a request pursuant to subsection 1, a roommate who has provided consent pursuant to paragraph (d) of subsection 2 or the representative of such a roommate may withdraw the request or consent at any time, including, without limitation, after the request has been approved or after an electronic communication device has been installed, by submitting a written revocation to the facility for skilled nursing. Not later than 24 hours after the submission of such a written revocation, the facility for skilled nursing shall cause the removal of any electronic communication device that has been installed.

      Sec. 10. 1.  If a facility for skilled nursing approves a request to install and use an electronic communication device in the living quarters of a patient pursuant to section 9 of this act, the patient or the representative of the patient is solely responsible for:

      (a) Choosing the electronic communication device, subject to the limitations prescribed by subsection 3;

      (b) The cost of the electronic communication device;

      (c) The cost of installing, maintaining and removing the electronic communication device, if applicable, other than the cost of electricity used to power the electronic communication device; and

      (d) The cost of any repairs required due to the installation or removal of the device.

      2.  A patient who is discharged from a facility for skilled nursing or the representative of such a patient remains solely responsible for the costs described in subsection 1, including, without limitation, such costs that are incurred after the discharge of the patient.

      3.  An electronic communication device chosen by a patient or the representative of a patient pursuant to subsection 1 must:

 


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ê2023 Statutes of Nevada, Page 1375 (CHAPTER 221, AB 202)ê

 

      (a) Be capable of being temporarily disabled or turned on and off; and

      (b) If the device communicates using video or other visual transmission, to the greatest extent practicable, be installed:

             (1) With a fixed viewpoint of the living quarters; or

             (2) In a manner that avoids capturing images of activities such as bathing, dressing and toileting.

      Sec. 11. 1.  Except as otherwise provided in this section, a person other than the patient or the representative of the patient who has requested the installation and use of an electronic communication device pursuant to section 9 of this act shall not intentionally:

      (a) Obstruct, tamper with or destroy the electronic communication device or any recording made by the electronic communication device; or

      (b) View or listen to any images or sounds which are displayed, broadcast or recorded by the electronic communication device.

      2.  The following persons may view or listen to the images or sounds which are displayed, broadcast or recorded by an electronic communication device installed and used pursuant to section 9 of this act or temporarily disable or turn off such a device:

      (a) A representative of a law enforcement agency who is conducting an investigation;

      (b) A representative of the Aging and Disability Services Division or the Division of Public and Behavioral Health of the Department of Health and Human Services who is conducting an investigation;

      (c) The State Long-Term Care Ombudsman; and

      (d) An attorney who is representing the patient or a roommate of the patient and acting within the scope of that representation.

      3.  A patient or the representative of the patient who has requested the installation and use of an electronic communication device pursuant to section 9 of this act may authorize a person other than a person described in subsection 2 to view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic communication device. Any such authorization must be made in writing. The patient or representative, as applicable, may provide a copy of the authorization to the facility and the roommate of the patient or the representative of the roommate, if any.

      4.  A person who temporarily disables or turns off an electronic communication device pursuant to subsection 2 shall ensure that the functions of the electronic communication device are appropriately enabled or turned back on before exiting the living quarters of the patient.

      5.  A facility for skilled nursing shall not deny admission to or discharge a patient from the facility or otherwise discriminate or retaliate against a patient because of a decision to request the installation and use of an electronic communication device in the living quarters of the patient pursuant to section 9 of this act.

      Sec. 12. 1.  A natural person who violates subsection 1 of section 11 of this act:

      (a) For a first offense, is liable for a civil penalty not to exceed $5,000.

      (b) For a second and any subsequent offense:

             (1) Is liable for a civil penalty not to exceed $10,000 for each violation; and

 


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ê2023 Statutes of Nevada, Page 1376 (CHAPTER 221, AB 202)ê

 

             (2) Is guilty of a misdemeanor.

      2.  In addition to any disciplinary action imposed pursuant to chapter 449 of NRS, a facility for skilled nursing or any person, partnership, association or corporation establishing, conducting, managing or operating a facility for skilled nursing who violates subsection 1 or 5 of section 11 of this act:

      (a) For a first offense, is liable for a civil penalty not to exceed $10,000.

      (b) For a second and any subsequent offense:

             (1) Is liable for a civil penalty not to exceed $20,000 for each violation; and

             (2) Is guilty of a misdemeanor.

      3.  The Attorney General or any district attorney may recover any civil penalty assessed pursuant to this section in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.

      Sec. 13. 1.  A facility for skilled nursing shall post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in use in that living quarters.

      2.  An employee of a facility of skilled nursing shall not refuse to enter the living quarters of a patient which contains an electronic communication device installed pursuant to section 9 of this act or fail to perform any of the duties of the employee on the grounds that such a device is in use.

      Sec. 14. 1.  The State Board of Health may adopt regulations necessary to carry out the provisions of sections 3 to 14, inclusive, of this act.

      2.  The provisions of sections 3 to 14, inclusive, of this act do not apply if an electronic communication device is installed by a law enforcement agency and used solely for a legitimate law enforcement purpose.

      Sec. 15.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 14, 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, 2023, for all other purposes.

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ê2023 Statutes of Nevada, Page 1377ê

 

CHAPTER 222, AB 256

Assembly Bill No. 256–Assemblywoman Mosca

 

CHAPTER 222

 

[Approved: June 7, 2023]

 

AN ACT relating to education; revising the requirements to receive approval from the State Board of Education to offer a work-based learning program; requiring the Department of Education to adopt regulations prescribing a method for the board of trustees of a school district to determine whether the employment and supervision of a pupil in a work-based learning program is appropriate; authorizing the board of trustees of a school district to exempt certain volunteers participating in a work-based learning program from submitting fingerprints for the purpose of a criminal background check; deeming certain employees of a business, agency or organization that participates in a work-based learning program not to be volunteers at a school; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires each volunteer at a public school, including a charter school or university school for profoundly gifted pupils, and a private school who is likely to have unsupervised contact with pupils to submit his or her fingerprints to the governing body of a charter school or university school for profoundly gifted pupils, the administrator of the private school or the board of trustees of the school district, as applicable, for the purposes of a criminal background check before beginning his or her service as a volunteer and at least once every 5 years thereafter. (NRS 388A.515, 388C.200, 391.104, 394.155) Existing law defines the term “volunteer” to mean any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by the school during or outside of school hours. (NRS 388A.510, 388C.190, 391.1035, 394.154)

      Existing law authorizes the board of trustees of a school district or the governing body of a charter school to offer a work-based learning program upon application to and with the approval of the State Board of Education. Under existing law, a work-based learning program must include certain requirements to receive approval from the State Board to offer a work-based learning program. (NRS 389.167) Section 1.5 of this bill requires a work-based learning program to additionally include a requirement that each pupil participating in the work-based learning program complete training on: (1) identifying and reporting harassment in the workplace; (2) developing and maintaining healthy relationships in the workplace; and (3) identifying the signs of certain predatory behavior.

      Section 2 of this bill requires the Department of Education to prescribe by regulation a method for the board of trustees of a school district to: (1) examine a business, agency or organization seeking to participate in a work-based learning program; and (2) determine if the employment and supervision of a pupil by the business, agency or organization would be appropriate. If the board of trustees of a school district determines the employment and supervision of a pupil in a work-based learning program by the business, agency or organization is appropriate, section 2 authorizes a board of trustees of a school district to exempt a volunteer employed by the business, agency or organization from submitting his or her fingerprints for the purposes of a criminal background check. Section 5 of this bill makes a conforming change to specifically exempt such a volunteer from submitting his or her fingerprints for the purposes of a criminal background check. Section 3 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.

 


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ê2023 Statutes of Nevada, Page 1378 (CHAPTER 222, AB 256)ê

 

      Sections 1 and 4 of this bill revise the definition of the term “volunteer” for the purposes of public schools to exclude an employee of a business, agency or organization that participates in a work-based learning program, other than an employee who directly oversees the participation of or has unsupervised contact with a pupil in the work-based learning 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 388A.510 is hereby amended to read as follows:

      388A.510  “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a charter school during or outside of school hours. The term:

      1.  Includes, without limitation, a coach, assistant coach, director of in-school or extracurricular activities and chaperone of any overnight trip.

      2.  Does not include [a] :

      (a) A student who is enrolled at an institution of higher education and is:

      [(a)](1) Taking a course which requires the student to be present in the classroom of the charter school on a limited basis to observe and to be observed in the classroom; and

      [(b)](2) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

      (b) An employee of a business, agency or organization that participates in a work-based learning program pursuant to NRS 389.167, other than an employee who directly oversees the participation of or has unsupervised contact with a pupil in the work-based learning program.

      Sec. 1.5. NRS 389.167 is hereby amended to read as follows:

      389.167  1.  A pupil enrolled at a public school must be allowed to apply one or more credits toward the total number of credits required for graduation from high school if the pupil successfully completes the number of hours in a work-based learning program required by regulation of the State Board to earn such credits. Any credits earned for successful completion of a work-based learning program must be applied toward the pupil’s elective course credits and not toward a course that is required for graduation from high school.

      2.  The board of trustees of a school district or the governing body of a charter school may offer a work-based learning program upon application to and with the approval of the State Board. An application to offer a work-based learning program must include, without limitation:

      (a) The fields, trades or occupations in which a work-based learning program will be offered.

      (b) The qualifications of a pupil to participate in the work-based learning program. Such qualifications must allow a majority of pupils to be eligible to participate in the work-based learning program.

      (c) A description of the process that will be used by pupils to apply to participate in a work-based learning program.

      (d) A description of the manner in which participation in a work-based learning program and completion of the requirements of a work-based learning program will be verified.

 


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      (e) A description of the manner in which the performance of a pupil who participates in the work-based learning program will be evaluated, which must include, without limitation, an on-site evaluation of the performance of the pupil.

      3.  Upon approval by the State Board of an application to offer a work-based learning program submitted pursuant to subsection 2, the board of trustees or the governing body shall:

      (a) Designate an employee of the school district or charter school, as applicable, to serve as a work-based learning coordinator to coordinate and oversee work-based learning programs. Such an employee must ensure that each business, agency or organization that will offer employment and supervision of a pupil as part of the work-based learning program is suitable for participation in a work-based learning program.

      (b) Establish and maintain a list of businesses, agencies and organizations that have been found suitable by the work-based learning coordinator pursuant to paragraph (a).

      4.  To receive approval from the State Board to offer a work-based learning program, the work-based learning program must include, without limitation, requirements that:

      (a) A detailed training agreement and training plan be completed for each pupil participating in the work-based learning program for credit that identifies the specific tasks in which the pupil will participate that will develop competency of the pupil in the workplace;

      (b) A pupil participating in the work-based learning program be allowed to leave the public school in which he or she is enrolled during the school day to participate in such a program; [and]

      (c) Participation by a pupil in the work-based learning program will develop a broad range of skills and will allow a pupil to focus on his or her chosen career pathway [.] ; and

      (d) Training be completed by each pupil participating in the work-based learning program on:

             (1) Identifying and reporting harassment in the workplace;

             (2) Developing and maintaining healthy relationships in the workplace; and

             (3) Identifying the signs of a person engaging in predatory conduct to prepare a pupil for sexual activity or to foster an inappropriate personal or professional relationship with a pupil, including, without limitation, through communicating or attempting to befriend or establish a relationship or other connection with a parent or legal guardian of a pupil in furtherance of such conduct.

      5.  A school district or charter school may allow a pupil who successfully completes a work-based learning program to earn dual credit for participation in the work-based learning program.

      6.  On or before January 15 of each odd-numbered year, the board of trustees of a school district and the governing body of a charter school that offers a work-based learning program shall prepare a report concerning the manner in which the work-based learning program has been carried out and submit the report to the State Board and the Legislature. The report must include, without limitation:

 


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ê2023 Statutes of Nevada, Page 1380 (CHAPTER 222, AB 256)ê

 

      (a) The number of pupils participating in the work-based learning program; and

      (b) The types of work-based learning offered through the work-based learning program.

      7.  The number of pupils participating in the work-based learning program reported pursuant to paragraph (a) of subsection 6 must be disaggregated on the basis of the following characteristics:

      (a) Pupils who are American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Pacific Islander, white or two or more races;

      (b) Gender of pupils;

      (c) Pupils who are migrants; and

      (d) Pupils who are members of special populations, as defined in 20 U.S.C. § 2302(48).

      Sec. 2. Chapter 391 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall prescribe by regulation a method for the board of trustees of a school district to determine if a business, agency or organization that is seeking to employ and supervise a pupil as a part of a work-based learning program pursuant to NRS 389.167 should be subject to the provisions of NRS 391.104 requiring a volunteer who is likely to have unsupervised contact with pupils to submit his or her fingerprints for an investigation into the criminal background of the volunteer.

      2.  The method prescribed by the Department pursuant to subsection 1 must include, without limitation, a process outlining how the board of trustees of a school district shall:

      (a) Examine a business, agency or organization seeking to participate in a work-based learning program pursuant to NRS 389.167; and

      (b) Determine if the employment and supervision of a pupil in the work-based learning program by the business, agency or organization examined pursuant to paragraph (a) would be appropriate for the pupil.

      3.  If the board of trustees of a school district determines the employment of a pupil in a work-based learning program pursuant to this section is appropriate for the pupil pursuant to subsection 2, the board of trustees may exempt any volunteers employed by the business, agency or organization from the requirements of NRS 391.104 requiring a volunteer who is likely to have unsupervised contact with pupils to submit his or her fingerprints for an investigation into the criminal background of the volunteer.

      Sec. 3. NRS 391.1025 is hereby amended to read as follows:

      391.1025  As used in NRS 391.1025 to 391.106, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 391.103 and 391.1035 have the meanings ascribed to them in those sections.

      Sec. 4. NRS 391.1035 is hereby amended to read as follows:

      391.1035  “Volunteer” means any person who, without compensation, works at, assists with or oversees any activity or event conducted or sponsored by a public school during or outside of school hours. The term:

      1.  Includes, without limitation, a coach, assistant coach, director of in-school or extracurricular activities and chaperone of an overnight trip.

 


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      2.  Does not include [a] :

      (a) A student who is enrolled at an institution of higher education and is:

      [(a)](1) Taking a course which requires the student to be present in the classroom of the public school on a limited basis to observe and to be observed in the classroom; and

      [(b)](2) Under direct supervision of a teacher or his or her professor at all times while in the classroom.

      (b) An employee of a business, agency or organization that participates in a work-based learning program pursuant to NRS 389.167, other than an employee who directly oversees the participation of or has unsupervised contact with a pupil in the work-based learning program.

      Sec. 5. NRS 391.104 is hereby amended to read as follows:

      391.104  1.  Except as otherwise provided in NRS 391.105 [,] and section 2 of this act, each applicant for employment pursuant to NRS 391.100 or employee, except a teacher or other person licensed by the Superintendent of Public Instruction, or volunteer who is likely to have unsupervised contact with pupils, must, before beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the school district:

      (a) A full set of the applicant’s, employee’s or volunteer’s fingerprints and written permission authorizing the school district to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant, employee or volunteer; and

      (b) Written authorization for the board of trustees of the school district to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

      2.  In conducting an investigation into the background of an applicant, employee or volunteer, a school district may cooperate with any appropriate law enforcement agency to obtain information relating to the criminal history of the applicant, employee or volunteer, including, without limitation, any record of warrants for the arrest of or applications for protective orders against the applicant, employee or volunteer.

      3.  The board of trustees of a school district may use a substantiated report of the abuse or neglect of a child, as defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

      (a) When making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination; and

      (b) In any proceedings to which the report is relevant, including, without limitation, an action for trespass or a restraining order.

      4.  Except as otherwise provided in subsection 5, the board of trustees of a school district shall not require a licensed teacher or other person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

 


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ê2023 Statutes of Nevada, Page 1382 (CHAPTER 222, AB 256)ê

 

by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district, including, without limitation:

      (a) Sick leave;

      (b) Sabbatical leave;

      (c) Personal leave;

      (d) Leave for attendance at a regular or special session of the Legislature of this State if the employee is a member thereof;

      (e) Maternity leave; and

      (f) Leave permitted by the Family and Medical Leave Act of 1993, 29 U.S.C. §§ 2601 et seq.,

Ê to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the employee is in good standing when the employee began the leave.

      5.  A board of trustees of a school district may ask the Superintendent of Public Instruction to require a person licensed by the Superintendent of Public Instruction pursuant to NRS 391.033 who has taken a leave of absence from employment authorized by the school district to submit a set of his or her fingerprints as a condition of return to or continued employment with the school district if the board of trustees has probable cause to believe that the person has committed a felony or an offense involving moral turpitude during the period of his or her leave of absence.

      6.  The board of trustees of a school district:

      (a) May accept any gifts, grants and donations to carry out the provisions of subsections 1 and 2 and NRS 391.105.

      (b) May not be held liable for damages resulting from any action of the board of trustees authorized by subsection 2 or 3 or NRS 391.105.

      Sec. 6.  1.  This section becomes effective upon passage and approval.

      2.  Section 2 of this act becomes 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 July 1, 2023, for all other purposes.

      3.  Sections 1, 1.5, 3, 4 and 5 of this act become effective on July 1, 2023.

________

 


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ê2023 Statutes of Nevada, Page 1383ê

 

CHAPTER 223, AB 415

Assembly Bill No. 415–Assemblywoman Taylor

 

CHAPTER 223

 

[Approved: June 7, 2023]

 

AN ACT relating to dispensing opticians; defining certain terms and revising certain definitions relating to ophthalmic dispensing; authorizing the Board of Dispensing Opticians to employ an Executive Director; providing immunity from civil liability to the Board and any of its members for certain acts; authorizing the Board to take certain actions against a person who commits certain violations; expanding the purposes for which the Board is authorized to accept grants, donations and contributions; revising provisions relating to the issuance, renewal, reinstatement, revocation and suspension of licenses; authorizing the Board to adopt certain regulations; requiring the Board to establish a schedule of fees relating to licensing; prescribing criteria for eligibility for a license as an apprentice dispensing optician; imposing certain requirements on an optical establishment; revising the criteria for eligibility for a license as a dispensing optician; revising certain provisions relating to a limited license as a dispensing optician; removing the authority of the Board to issue a special license as a dispensing optician; reorganizing various provisions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Board of Dispensing Opticians to regulate the practice of ophthalmic dispensing and requires the Governor to appoint the members to the Board. (NRS 637.030) Section 17 of this bill authorizes a member of the Board to continue in office until his or her successor is appointed. Sections 18, 20, 21 and 33 of this bill revise and reorganize certain provisions governing the powers, duties and operations of the Board. Section 18 prescribes requirements for determining whether a quorum is present at a meeting of the Board. Section 20 authorizes the Board to employ an Executive Director. Sections 21 and 30 of this bill expand the purposes for which the Board is authorized to accept grants, donations and contributions. Section 19 of this bill clarifies certain language relating to the compensation and travel expenses of members and employees of the Board. Section 6 of this bill provides that the Board and any of its members, staff and employees are immune from civil liability for any act performed in good faith and without malicious intent or gross negligence in the execution of any duty of the Board. Section 2 of this bill sets forth certain legislative declarations concerning the regulation of the practice of ophthalmic dispensing.

      Existing law authorizes the Board to issue a license as a dispensing optician, a limited license as a dispensing optician and a license as an apprentice dispensing optician. (NRS 637.120, 637.121, 637.123) Existing law establishes requirements concerning the expiration and renewal of such licenses and, for a license or limited license as a dispensing optician, the placement of such a license on inactive status and the reactivation of such a license. (NRS 637.121, 637.123, 637.140) Section 33 repeals various requirements relating to the expiration and renewal of a license, the placement of a license on inactive status and the reactivation of a license. Section 8 of this bill authorizes the Board to adopt regulations prescribing such requirements, as well as various other requirements relating to licensure.

 


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      Existing law: (1) authorizes the Board to adopt regulations necessary to carry out the provisions of existing law governing ophthalmic dispensing; and (2) requires the Board to adopt regulations setting forth minimum standards of optical and ophthalmic devices. (NRS 637.070, 637.073) Sections 22, 28 and 33 of this bill: (1) reorganize certain provisions authorizing the Board to adopt regulations; (2) authorize, rather than require, the Board to adopt standards for optical and ophthalmic devices; and (3) authorize the Board to adopt certain other regulations.

      Existing law provides that, in order to be eligible to hold a limited license as a dispensing optician, a person must have held such a license on February 1, 2004. Existing law: (1) authorizes the holder of such a license to practice ophthalmic dispensing; and (2) prohibits the holder of such a license from selling, furnishing or fitting contact lenses. (NRS 637.121) Section 27 of this bill clarifies that, in order to be eligible for a limited license as a dispensing optician, a person must have held such a license since February 1, 2004. Section 27 also: (1) requires a limited license to be displayed at the holder’s place of practice; and (2) prohibits a limited license from being placed on inactive status on or after January 31, 2023. Section 32.5 of this bill sets forth the procedure by which a limited license as a dispensing optician that has been transferred to an inactive list on or before January 31, 2023, may be reactivated.

      Existing law authorizes the Board to take certain actions and impose certain penalties against an applicant for or the holder of a license or an unlicensed person who commits certain violations of the provisions of existing law governing ophthalmic dispensing. (NRS 637.150, 637.181, 637.183, 637.185) Section 10 of this bill authorizes a person to file a complaint with the Board if the person reasonably believes a violation is occurring or about to occur. Section 11 of this bill authorizes the Board to issue or authorize the issuance of an administrative citation against a person who the Board believes, based on a preponderance of the evidence, has committed a violation. Section 12 of the bill sets forth procedures by which a person may contest a citation. Sections 29 and 31 revise and reorganize provisions authorizing the Board to take: (1) certain disciplinary actions against the holder of a license under certain circumstances; and (2) certain actions against a person who commits, or employs a person who commits, certain violations. Section 30 of this bill revises and reorganizes certain provisions relating to subpoenas issued by the Board and certain hearings and investigations conducted by the Board.

      Existing law sets forth certain unlawful acts relating to ophthalmic dispensing, including filling a prescription for a contact lens in violation of the expiration date or the number of refills specified by the prescription. (NRS 637.200) Sections 32 and 33 of this bill: (1) set forth certain additional unlawful acts relating to ophthalmic dispensing; and (2) reorganize certain provisions defining when a prescription expires.

      Existing law establishes qualifications for examination and licensing as a dispensing optician. (NRS 637.100) Section 25 of this bill revises the requirements for an applicant to be eligible for a license as a dispensing optician and authorizes the Board to waive certain requirements for a person who provides proof that he or she: (1) is a graduate of a foreign school and has acquired education and experience that is equivalent to or greater than those required for licensure in this State; (2) is an active member of, or the spouse of an active member of, the Armed Forces of the United States who is on active duty; (3) has at least 5 consecutive years of work experience in the practice of ophthalmic dispensing in the District of Columbia or any other state or territory of the United States that has requirements for licensure which are equal to or greater than the requirements in this State; or (4) holds a valid and unrestricted license to engage in ophthalmic dispensing in the District of Columbia or any other state or territory in the United States.

      Existing law requires the Board to issue a special license as a dispensing optician to certain applicants who meet certain requirements and who: (1) have an active license as a dispensing optician issued by the District of Columbia or any state or territory of the United States; or (2) have not less than 5 years of experience as a dispensing optician. (NRS 637.127) Section 33 of this bill eliminates that type of license.

 


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      Existing law requires the Board to maintain records pertaining to applicants to whom licenses have been issued or denied. (NRS 637.115) Section 26 of this bill revises the type of information concerning applicants the Board is required to maintain. Section 26 also requires the Board to maintain certain information concerning holders of a license and disclose certain information concerning applicants for and holders of licenses upon request.

      Existing law prohibits a person from managing a business engaged in ophthalmic dispensing without a valid license issued by the Board. (NRS 637.090) Section 24 of this bill revises that prohibition to instead prohibit a person from managing an optical establishment, as defined in section 5 of this bill, without a valid license issued by the Board. Section 24 also requires an optical establishment to post a sign notifying the public when a licensed dispensing optician is not physically present in the optical establishment.

      Existing law authorizes an apprentice dispensing optician to perform the services of a dispensing optician under the direct supervision of a dispensing optician, licensed ophthalmologist or licensed optometrist. (NRS 637.125) Section 7 of this bill prescribes criteria for eligibility for a license as an apprentice dispensing optician. Section 3 of this bill defines the term “direct supervision.” Section 28 of this bill revises the circumstances under which an apprentice dispensing optician may engage in ophthalmic dispensing.

      Existing law establishes maximum fees relating to licenses issued by the Board, which the Board sets by regulation. (NRS 637.110, 637.120, 637.121, 637.123, 637.140) Sections 27 and 33 of this bill remove provisions setting forth those maximum fees. Instead, section 9 of this bill requires the Board to establish a schedule of various fees relating to licensure and sets forth the maximum amount of those fees.

      Section 4 of this bill defines “license” to mean a license issued by the Board. Section 13 of this bill makes a conforming change to make the definitions set forth in sections 3-5 applicable to the statutes governing ophthalmic dispensing. Section 14 of this bill revises the definition of “dispensing optician.” Section 15 of this bill revises the definition of “ophthalmic dispensing” to: (1) include the issuing of a final authorization to deliver lenses, frames or other specially fabricated devices to the intended wearer and the making of certain recommendations relating to a prescription; and (2) exclude certain other activities. Section 16 of this bill makes a conforming change to account for the revised definition of ophthalmic dispensing.

 

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 637 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 12, inclusive, of this act.

      Sec. 2. The Legislature declares that the purpose of this chapter is to protect the public safety and welfare by ensuring that:

      1.  Only competent and scrupulous people practice ophthalmic dispensing in this State; and

      2.  Persons who practice ophthalmic dispensing in this State maintain an appropriate standard of professional conduct.

      Sec. 3. “Direct supervision” means that a person is physically present in the optical establishment where ophthalmic dispensing is taking place to provide individual direction, control, inspection and evaluation of work to the person he or she is supervising.

      Sec. 4. “License” means a license issued by the Board.

      Sec. 5. “Optical establishment” means a single physical store, office or department of a business where ophthalmic dispensing takes place. The term includes such a store, office or department that is owned or operated by a business which owns or operates multiple stores, offices or departments where ophthalmic dispensing takes place.

 


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ê2023 Statutes of Nevada, Page 1386 (CHAPTER 223, AB 415)ê

 

term includes such a store, office or department that is owned or operated by a business which owns or operates multiple stores, offices or departments where ophthalmic dispensing takes place.

      Sec. 6. The Board and any of its members, staff and employees are immune from civil liability for any act performed in good faith and without malicious intent or gross negligence in the execution of any duties pursuant to this chapter.

      Sec. 7. 1.  To be eligible for a license as an apprentice dispensing optician, an applicant must:

      (a) Be at least 18 years of age; and

      (b) Be a graduate of an accredited high school or its equivalent.

      2.  A license as an apprentice dispensing optician:

      (a) Authorizes the holder to practice ophthalmic dispensing in this State under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist; and

      (b) Must at all times be conspicuously displayed at the holder’s place of practice.

      Sec. 8. The Board may adopt regulations:

      1.  Establishing requirements for the issuance of licenses and the program of apprenticeship for apprentice dispensing opticians.

      2.  Prescribing or adopting any examination or certificate required for the issuance of a license as a dispensing optician. Any examination prescribed or adopted by the Board must, without limitation, be designed to test an applicant’s knowledge of the theory and practice of ophthalmic dispensing.

      3.  Prescribing the procedure for:

      (a) Submitting an application for licensure and any required documentation to the Board; and

      (b) Approving or denying applications and issuing licenses.

      4.  Prescribing the period for which a license or limited license as a dispensing optician is valid and the terms for the renewal and reinstatement of such a license, which may include, without limitation, requirements for continuing education. Unless otherwise prescribed by regulation pursuant to this subsection, a license or limited license as a dispensing optician:

      (a) Expires on January 31 each year;

      (b) Is valid until its expiration date;

      (c) Becomes delinquent if not renewed by January 31; and

      (d) May be reinstated not more than 1 year after the date on which it becomes delinquent.

      5.  Prescribing the period for which a license as an apprentice dispensing optician is valid and the terms for the renewal and reinstatement of such a license, which may limit the number of times the license may be renewed and restrict the issuance of a new license if the apprentice dispensing optician does not meet requirements adopted pursuant to subsection 1. Unless otherwise prescribed by regulation pursuant to this subsection, a license as an apprentice dispensing optician:

      (a) Expires on January 31 each year;

      (b) Is valid until its expiration date;

      (c) Becomes delinquent if not renewed by January 31; and

      (d) May be reinstated not more than 30 days after the date on which it becomes delinquent.

 


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      6.  Prescribing requirements for the placement of a license as a dispensing optician on inactive status and the reactivation of such a license.

      7.  Prescribing requirements for the approval of a course of continuing education or a provider of a course of continuing education.

      Sec. 9. The Board shall establish a schedule of fees and charges for the following items, which must not exceed the following amounts:

 

An examination established by the Board pursuant to this chapter $250

An application for a license as a dispensing optician................... $250

An application for a license as an apprentice dispensing optician $250

The renewal of a license as a dispensing optician......................... $500

The renewal of a limited license as a dispensing optician............ $200

The renewal of a license as an apprentice dispensing optician.. $200

The delinquency fee for a license as a dispensing optician......... $500

The delinquency fee for a limited license as a dispensing optician $500

The delinquency fee for a license as an apprentice dispensing optician      $100

The placement of a license as a dispensing optician on inactive status $300

The reactivation of a license that has been placed on inactive status $300

      Sec. 10. Any member of the public or a member or employee of the Board may file a complaint with the Board if the person reasonably believes that a provision of this chapter or any regulation adopted pursuant to this chapter has been or is about to be violated. The complaint must:

      1.  Be submitted on a form and in the manner prescribed by the Board;

      2.  Set forth the alleged facts constituting the violation; and

      3.  Be signed and verified by the person filing the complaint.

      Sec. 11. 1.  If the Board or its designee has reason to believe, based upon a preponderance of evidence, that a person has violated any provision of this chapter or any regulation of the Board, the Board may issue, or authorize its designee to issue, a written administrative citation to the person. A citation issued pursuant to this section may include, without limitation, an order to:

      (a) Pay an administrative fine for each violation;

      (b) Reimburse the Board for the amount of the expenses the Board incurred to investigate each violation, not to exceed $150; and

      (c) Correct, at the cost of the person, a condition resulting from the violation. The order to correct the condition must:

             (1) State the date by which the person must comply, which must be not less than 15 days after the date on which the person receives the citation. The Board may, for good cause, extend the date for compliance with the order.

             (2) Describe in detail the actions that must be taken.

      2.  If a citation is issued to the holder of a license pursuant to this section and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine must not exceed the maximum amount authorized by subsection 2 of NRS 637.150 for each violation.

 


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violations, the amount of the administrative fine must not exceed the maximum amount authorized by subsection 2 of NRS 637.150 for each violation.

      3.  Except as otherwise provided in NRS 637.181, if a citation is issued pursuant to this section to a person who is not licensed by the Board and includes an order to pay an administrative fine for one or more violations, the amount of the administrative fine:

      (a) For the first violation, must not be less than $100 or more than $1,000;

      (b) For the second violation, must not be less than $250 or more than $5,000; and

      (c) For the third violation and for each subsequent violation, must not be less than $500 and not more than $10,000.

      4.  Any sanctions authorized by this section are separate from, and in addition to, any other remedy, civil or criminal, authorized by this chapter.

      5.  If a person does not pay an administrative fine imposed pursuant to this section or make satisfactory payment arrangements with the Board not later than 60 days after the order of the Board becomes final, the order may be executed upon in the same manner as a judgment issued by a court.

      Sec. 12. 1.  If a person is issued a written administrative citation pursuant to section 11 of this act, the person may request a hearing before the Board to contest the citation by filing a written request with the Board not later than 15 business days after the date on which the citation is received by the person, unless the Board authorizes a later date for good cause.

      2.  If a person files a written request for a hearing within the time allowed by subsection 1, the Board shall provide notice of and conduct the hearing in the same manner as other disciplinary hearings.

      3.  If a person does not file a written request for a hearing to contest a citation within the time allowed by subsection 1, the citation shall be deemed a final order of the Board.

      4.  For the purposes of this section, a citation issued pursuant to section 11 of this act shall be deemed to be received by the person to whom it was issued:

      (a) On the date on which the citation is personally delivered to the person; or

      (b) If the citation is mailed, 3 business days after the date on which the citation is mailed by certified mail to the last known business or residential address of the person.

      Sec. 13. NRS 637.020 is hereby amended to read as follows:

      637.020  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 637.021 to [637.024,] 637.0235, inclusive, and sections 3, 4 and 5 of this act have the meanings ascribed to them in those sections.

      Sec. 14. NRS 637.0215 is hereby amended to read as follows:

      637.0215  “Dispensing optician” means a person [engaged in the practice of ophthalmic] who holds a license or limited license as a dispensing [.] optician issued pursuant to this chapter.

      Sec. 15. NRS 637.022 is hereby amended to read as follows:

      637.022  1.  “Ophthalmic dispensing” means [the] :

      (a) The design [, verification and delivery to the intended wearer] of lenses, frames and other specially fabricated optical devices upon prescription [.] ;

 


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      (b) The inspection and verification of such lenses, frames and devices; and

      (c) The issuing of the final authorization to deliver to the intended wearer such lenses, frames and devices.

      2.  The term includes:

      (a) The taking of measurements to determine the size, shape and specifications of the lenses, frames or contact lenses;

      (b) The making of recommendations to the intended wearer of the lenses regarding lens material and other design features necessary to fill the prescription;

      (c) The preparation and delivery of work orders to laboratory technicians engaged in grinding lenses and fabricating eyewear [;

      (c)], including, without limitation, the preparation and delivery of work orders by entering prescription information and related instructions for fabricating eyewear into a paper or electronic form or other system used for work orders.

      (d) The [verification] final physical inspection and verification of the quality of finished ophthalmic products;

      [(d)](e) The adjustment of lenses or frames to the intended wearer’s face or eyes;

      [(e)](f) The adjustment, replacement, repair and reproduction of previously prepared ophthalmic lenses, frames or other specially fabricated ophthalmic devices; and

      [(f)](g) The fitting of contact lenses and the dispensing of prepackaged contact lenses pursuant to a written prescription [, when done] by a [dispensing optician or apprentice dispensing optician who is authorized] person licensed to do so pursuant to the provisions of this chapter.

      3.  The term does not include [any] :

      (a) The making of recommendations regarding frame designs or other design features that are not necessary to fill a prescription;

      (b) The completion of sales transactions;

      (c) The sale of goggles, sunglasses, colored glasses or occupational protective eye devices not having a refractive value, or the sale as merchandise of complete ready-to-wear eyeglasses; or

      (d) Any act for which a license is required pursuant to chapter 630 or 636 of NRS, and the provisions of this chapter do not authorize a dispensing optician or apprentice dispensing optician to perform any such act.

      Sec. 16. NRS 637.025 is hereby amended to read as follows:

      637.025  The provisions of this chapter do not apply to:

      1.  Ophthalmic dispensing personally by a licensed physician, surgeon or optometrist unless exclusively engaged in the business of filling prescriptions.

      2.  Ophthalmic dispensing by an employee of a licensed physician, surgeon or optometrist if the employee practices ophthalmic dispensing only under the direct supervision of the licensed physician, surgeon or optometrist and only as an assistant to the licensed physician, surgeon or optometrist.

      3.  [A licensed pharmacist] The dispensing of prepackaged contact lenses by a licensed pharmacist pursuant to the provisions of NRS 639.2825.

      [4.  The sale of goggles, sunglasses, colored glasses or occupational protective eye devices not having a refractive value, or the sale as merchandise of complete ready-to-wear eyeglasses.]

 


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      Sec. 17. NRS 637.030 is hereby amended to read as follows:

      637.030  1.  The Board of Dispensing Opticians, consisting of five members appointed by the Governor, is hereby created.

      2.  The Governor shall appoint:

      (a) Four members who are dispensing opticians and have actively engaged in the practice of ophthalmic dispensing for not less than 3 years in the State of Nevada immediately preceding the appointment.

      (b) One member who is a representative of the general public. This member must not be:

             (1) A dispensing optician; or

             (2) The spouse or the parent or child, by blood, marriage or adoption, of a dispensing optician.

      3.  A member of the Board may continue in office until his or her successor is appointed.

      4.  The Governor, after hearing, may remove any member for cause.

      Sec. 18. NRS 637.040 is hereby amended to read as follows:

      637.040  1.  The Board shall [elect] :

      (a) Elect a President, Vice President, Secretary and Treasurer from its membership [.] ; and

      (b) Meet at least once each year on a date determined by the Board.

      2.  [Any member] A majority of the members of the Board [may:

      (a) Issue subpoenas to compel] constitutes a quorum for the [attendance] transaction of [witnesses to testify before] business of the Board . [or the production of books, papers and documents. Subpoenas must issue under the seal of the]

      3.  The Board [and must be served in] shall operate on the [same manner as subpoenas issued out of the district court.

      (b) Administer oaths in taking testimony in any matter pertaining to the duties of the Board.] basis of a fiscal year commencing on July 1 and terminating on June 30.

      Sec. 19. NRS 637.045 is hereby amended to read as follows:

      637.045  While engaged in the business of the Board:

      1.  Each member of the Board is entitled to receive [:

      (a) A] a salary of not more than $150 per day, as fixed by the [Board, while engaged in the business of the] Board; and

      [(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Board. The rate must not exceed the rate provided for state officers and employees generally.]

      2.  [While engaged in the business of the Board, each] Each member and employee of the Board is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

      Sec. 20. NRS 637.050 is hereby amended to read as follows:

      637.050  The Board may:

      1.  [The principal office of the Board is the place of business or employment of the Secretary of the Board, but it may maintain] Maintain offices in as many [localities] locations in the State as it finds necessary to carry out the provisions of this chapter ; [, and may meet or conduct any of its business at any place in the State.]

      2.  [The Board shall meet at least once in] Employ and fix the [fall] compensation of [each year on a date determined by the Board, at which time candidates applying for licensing must be examined] an Executive Director and [their qualifications determined.]

 


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Director and [their qualifications determined.] any other employees, including, without limitation, investigators, lobbyists, attorneys, other professional consultants and clerical personnel the Board deems necessary to carry out the provisions of this chapter;

      3.  [In addition to the meeting required by subsection 2, the Board may hold such other meetings as it may deem advisable. The time] Contract with professional consultants and [place of all such meetings must be determined by the Board.] service providers, including, without limitation, investigators, lobbyists and attorneys, as the Board deems necessary to carry out the provisions of this chapter; and

      4.  Transact any other business necessary to carry out the provisions of this chapter.

      Sec. 21. NRS 637.060 is hereby amended to read as follows:

      637.060  1.  Except as otherwise provided in subsection [3,] 4, all money received by the Board under the provisions of this chapter must be deposited in banks, credit unions, savings and loan associations or savings banks in the State of Nevada. The money may be drawn on by the Board for payment of all expenses incurred in the administration of the provisions of this chapter.

      2.  The Board may, for the use and benefit of the Board as a whole and not for any individual member of the Board, accept grants, donations and contributions of money from any source to assist the Board in carrying out the provisions of this chapter.

      3.  In a manner consistent with the provisions of chapter 622A of NRS, the Board may delegate to a hearing officer or panel its authority to take any disciplinary action pursuant to this chapter, impose and collect administrative fines therefor and deposit the money therefrom in banks, credit unions, savings and loan associations or savings banks in this State.

      [3.]4.  If a hearing officer or panel is not authorized to take disciplinary action pursuant to subsection [2] 3 and the Board deposits the money collected from the imposition of administrative fines with the State Treasurer for credit to the State General Fund, it may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay attorney’s fees or the costs of an investigation, or both.

      Sec. 22. NRS 637.070 is hereby amended to read as follows:

      637.070  [1.]  The Board may adopt such rules and regulations as it may deem necessary to carry out the provisions of this chapter [.

      2.  The Board shall have a common seal of which all courts of this State shall take judicial notice.

      3.  The Board may empower any member to conduct any proceeding, hearing or investigation necessary to its purposes.

      4.  The Board may employ and fix the compensation of attorneys, investigators and other professional consultants and such other employees and assistants as it may deem necessary to carry out the provisions of this chapter.] , including, without limitation, regulations:

      1.  Establishing standards of practice for persons licensed pursuant to this chapter.

      2.  Setting forth minimum standards for lenses, frames, specially fabricated optical devices and other ophthalmic devices dispensed by a dispensing optician. Such standards must be consistent with the minimum standards of quality approved by the American National Standards Institute.

      3.  Prescribing the form of an administrative citation issued pursuant to section 11 of this act.

 


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      4.  Prescribing a schedule of administrative fines that may be imposed in connection with issuance of an administrative citation.

      Sec. 23. (Deleted by amendment.)

      Sec. 24. NRS 637.090 is hereby amended to read as follows:

      637.090  1.  A person shall not engage in the practice of ophthalmic dispensing or manage [a business engaged in ophthalmic dispensing] an optical establishment without holding a valid, active license issued as provided by this chapter.

      2.  If an optical establishment is open to the public at any time during which no licensed dispensing optician is physically present at the optical establishment, the optical establishment must display a clear and conspicuous sign indicating that a licensed dispensing optician is not present and that no services requiring a licensed dispensing optician may be performed at the optical establishment without a licensed dispensing optician present.

      Sec. 25. NRS 637.100 is hereby amended to read as follows:

      637.100  1.  To [qualify] be eligible for [examination and licensing] a license as a dispensing optician, an applicant must : [furnish proof that the applicant:]

      (a) [Is] Be at least 18 years of age.

      (b) [Is of good moral character.

      (c) Is] Be a graduate of an accredited high school or its equivalent.

      [(d) Has passed the examination of the American Board of Opticianry.

      (e) Has]

      (c) Have done either of the following:

             (1) [Served] Successfully completed an educational program on ophthalmic dispensing approved by the Board and served as an apprentice dispensing optician for not less than [3] 2 years in [an optical establishment where prescriptions for spectacles or contact lenses from given formulae are fitted and filled under the direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist for the purpose of acquiring experience in ophthalmic dispensing and has passed an educational program on the theory of ophthalmic dispensing approved] accordance with regulations adopted by the Board [;] pursuant to NRS 637.070; or

             (2) [Successfully completed a course of study in a school which offers a] Been awarded an associate’s degree [of associate] in applied science for studies in ophthalmic dispensing from a school which is approved by the Board and [has had 1 year of ophthalmic experience] served as an apprentice dispensing optician [under] for not less than 1 year in accordance with regulations adopted by the [direct supervision of a licensed dispensing optician, licensed ophthalmologist or licensed optometrist.

      (f) Has done all] Board pursuant to NRS 637.070.

      (d) Have passed any examination or obtained any certificate required by regulations adopted by the Board pursuant to NRS 637.070 for the issuance of [the following:

             (1) Successfully completed a course of instruction on the fitting of contact lenses approved by the Board;

             (2) Completed at least 100 hours of training and experience in the fitting of and filling of prescriptions for contact lenses under the direct supervision of a licensed dispensing optician authorized to fit and fill prescriptions for contact lenses, a licensed ophthalmologist or a licensed optometrist;

 


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             (3) Passed the Contact Lens Registry Examination of the National Committee of Contact Lens Examiners; and

             (4) Passed the practical examination on the fitting of and filling of prescriptions for contact lenses adopted by the Board.] a license as a dispensing optician.

      2.  The Board [shall adopt regulations to carry out] may waive the [provisions of this section, including, without limitation, regulations that establish requirements for:

      (a) The program of apprenticeship for apprentice dispensing opticians;

      (b) The training and experience of apprentice dispensing opticians; and

      (c) The issuance of licenses to apprentice dispensing opticians.] requirements of paragraph (c) of subsection 1 for an applicant who submits proof to the Board which shows to the satisfaction of the Board that the applicant:

      (a) Is a graduate of a foreign school and has acquired education and experience that the Board deems equivalent to or greater than the education and experience required for the issuance of a license as a dispensing optician in this State;

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States who is on active duty; or

      (c) Has at least 5 consecutive years of work experience in the practice of ophthalmic dispensing in the District of Columbia or any state or territory of the United States that does not have requirements for licensure which the Board deems equal to or greater than the requirements for the issuance of a license as a dispensing optician in this State. Some portion of the 5 consecutive years of work experience must have been obtained within the 2 years immediately preceding the date of application for licensure.

      3.  The Board may waive the requirements of paragraphs (c) and (d) of subsection 1 for an applicant who submits proof to the Board which shows to the satisfaction of the Board that the applicant holds a valid and unrestricted license to engage in ophthalmic dispensing in the District of Columbia or any state or territory of the United States that has requirements for licensure which the Board deems to be equal to or greater than the requirements for the issuance of a license as a dispensing optician in this State.

      4.  A license as a dispensing optician:

      (a) Authorizes the holder to practice ophthalmic dispensing in this State; and

      (b) Must be conspicuously displayed at all times at the holder’s place of practice.

      Sec. 26. NRS 637.115 is hereby amended to read as follows:

      637.115  1.  The Board shall maintain records pertaining to applicants to whom licenses have been issued or denied. These records must [be open to the public and must] include:

      [1.](a) The name of each applicant.

      [2.](b) The name of [the school granting the diploma to the applicant.

      3.  The date of the diploma.

      4.]each person who is issued a license.

      (c) The business address of the applicant [.] or holder of a license.

      [5.](d) The date of issuance or denial of the license.

      [6.](e) The current status of the license.

 


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      (f) The name of each holder of a license who has been subject to disciplinary action by the Board.

      2.  Upon request, the Board shall disclose any information maintained pursuant to subsection 1 and may charge a fee for a copy of the information. The fee must not exceed the actual cost incurred by the Board in producing the copy.

      Sec. 27. NRS 637.121 is hereby amended to read as follows:

      637.121  1.  [Except as otherwise provided in this section, a limited license as a dispensing optician authorizes the licensee to engage in the practice of ophthalmic dispensing pursuant to this chapter.

      2.]  Only a person who is deemed to [hold] have held an active [,] or inactive [or delinquent] limited license as a dispensing optician [on] since February 1, 2004, may hold a limited license as a dispensing optician. A limited license as a dispensing optician may not be issued to any other person.

      [3.  A person practicing ophthalmic dispensing pursuant to a limited license:

      (a) Except as otherwise provided in this section, is subject to the provisions of this chapter in the same manner as a person practicing ophthalmic dispensing pursuant to a license issued pursuant to NRS 637.120, including, without limitation, the provisions of this chapter governing the renewal or reactivation of a license; and

      (b) Shall]

      2.  A limited license as a dispensing optician:

      (a) Authorizes the holder to engage in the practice of ophthalmic dispensing pursuant to this chapter, except that the holder shall not [sell, furnish or fit] dispense contact lenses [.

      4.  A limited license as a dispensing optician:

      (a) Expires on January 31 of each year.] or supervise the dispensing of contact lenses by a person licensed as an apprentice dispensing optician pursuant to this chapter.

      (b) Must at all times be conspicuously displayed at the holder’s place of practice.

      [(b)](c) May not be [renewed before its expiration upon:

             (1) Presentation of proof of completion of the continuing education required by this section; and

             (2) Payment of a renewal fee set by the Board of not more than $200.

      (c) Except as otherwise provided in subsection 5, is delinquent if it is not renewed before January 31 of each year. Not later than 2 years after the expiration of a limited license, a delinquent limited license may be reinstated, at the discretion of the Board, upon payment of each applicable annual renewal fee in addition to the annual delinquency fee set by the Board of not more than $500.

      5.  Upon written request to the Board, and payment of a fee not to exceed $300, a licensee in good standing may have his or her name and limited license as a dispensing optician transferred to an inactive list. Such a licensee shall not practice ophthalmic dispensing during the time the limited license is inactive. If an inactive licensee wishes to resume the practice of ophthalmic dispensing as limited by this section, the Board shall reactivate the limited license upon:

      (a) If deemed necessary by the Board, the demonstration by the licensee that the licensee is then qualified and competent to practice;

 


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      (b) The completion of an application; and

      (c) Payment of the renewal fee set by the Board pursuant to subsection 4.

      6.  To reactivate a limited license as a dispensing optician pursuant to subsection 5, an inactive licensee is not required to pay the delinquency fee and the renewal fee for any year while the license was inactive.

      7.  Except as otherwise provided in subsection 8, each person with a limited license as a dispensing optician must complete courses of continuing education in ophthalmic dispensing each year. Such continuing education must:

      (a) Encompass such subjects as are established by regulations of the Board.

      (b) Consist of a minimum of 12 hours for a period of 12 months.

      8.  A person with a limited license as a dispensing optician who is on active military service is exempt from the requirements of subsection 7.

      9.  The Board shall adopt any other regulations it determines are necessary to carry out the provisions of this section.] placed on inactive status on or after January 31, 2023.

      Sec. 28. NRS 637.125 is hereby amended to read as follows:

      637.125  1.  A person may not employ another person to perform the services of a dispensing optician unless the other person:

      (a) Is licensed by the Board as a dispensing optician; or

      (b) Is licensed by the Board as an apprentice dispensing optician and is directly supervised as required by the provisions of this chapter.

      2.  A licensed dispensing optician may not allow another person who is under his or her direct supervision to perform the services of a dispensing optician unless the other person is licensed by the Board as a dispensing optician or an apprentice dispensing optician.

      3.  [If a person is] A licensed [by the Board as an] apprentice dispensing optician [, a] may engage in ophthalmic dispensing only when a licensed dispensing optician, [licensed] ophthalmologist or [licensed] optometrist [must:

      (a) Directly supervise] is physically present in the optical establishment to provide direct supervision for all [work done by the apprentice] dispensing [optician.

      (b) Be in attendance whenever the] activities performed by the apprentice and to verify the quality of the finished products to be dispensed.

      4.  A licensed dispensing optician, ophthalmologist or optometrist who is providing direct supervision to an apprentice dispensing optician shall not supervise more than two apprentice dispensing [optician is engaged in ophthalmic dispensing.

      (c) Post the license of the apprentice dispensing optician in a conspicuous place where the apprentice dispensing optician works.

      4.  A licensed dispensing optician may not have under his or her supervision more than two licensed apprentice dispensing opticians at any one time.

      5.  A licensed dispensing optician or a person who employs a licensed dispensing optician may employ other persons to assist in consulting on optical fashions, and a licensed dispensing optician may supervise such other persons. Such other persons:

      (a) Are not required to be licensed pursuant to the provisions of this chapter.

 


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      (b) May not perform the services of a dispensing optician.

      6.  The Board may adopt regulations to carry out the provisions of this section.] opticians at any one time.

      Sec. 29. NRS 637.150 is hereby amended to read as follows:

      637.150  1.  If the Board finds, [by a preponderance of the evidence,] after notice and a hearing as required by law, that an applicant or holder of a license [:

      (a) Has] has been adjudicated insane [;

      (b) Habitually] , habitually uses any controlled substance or intoxicant [;

      (c) Has] or has been diagnosed with a medical or mental health condition that is likely to impede the safe practice of ophthalmic dispensing, the Board may:

      (a) For an applicant, refuse to grant the applicant a license; or

      (b) For a holder of a license:

             (1) Place the holder on probation;

             (2) Suspend or revoke the license;

             (3) Refuse to renew or reinstate the license; or

             (4) Take any combination of the disciplinary actions described in subparagraphs (1), (2) and (3).

      2.  If the Board finds, after notice and a hearing as required by law, that an applicant or holder of a license has committed unprofessional conduct which has endangered or is likely to endanger public health, safety or welfare, the Board may:

      (a) For an applicant, refuse to grant the applicant a license; or

      (b) For a holder of a license:

             (1) Place the holder on probation;

             (2) Suspend or revoke the license;

             (3) Refuse to renew or reinstate the license;

             (4) Reprimand the holder publicly;

             (5) Require the holder to reimburse the Board for the cost of any investigation or hearing related to the disciplinary action;

             (6) Require the holder to pay an administrative fine of not more than $10,000 for each act constituting unprofessional conduct; or

             (7) Take any combination of the disciplinary actions described in subparagraphs (1) to (6), inclusive.

      3.  The Board shall not privately reprimand a holder of a license.

      4.  Pursuant to NRS 622A.410, the Board may reinstate a license that has been revoked if the person who was issued the license applies to the Board for its reinstatement.

      5.  Notwithstanding the provisions of chapter 622A of NRS, if the Board receives a report pursuant to subsection 5 of NRS 228.420, the Board must commence disciplinary proceedings regarding the report not later than 30 days after receiving the report.

      6.  As used in this section, “unprofessional conduct” includes:

      (a) Being convicted of [a] :

             (1) Any crime involving moral turpitude;

      [(d) Has been convicted of violating]

             (2) A violation of any federal or state law relating to a controlled substance; or

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

 


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      [(e) Has advertised]

      (b) Advertising in any manner which would tend to deceive, defraud or mislead the public;

      [(f) Has presented to the Board any diploma, license or certificate that has been signed or issued unlawfully or under fraudulent representations, or obtains or has obtained]

      (c) Obtaining a license to practice in this State through fraud or the misrepresentation or concealment of [any kind;

      (g) Has been convicted of a violation of any federalor state law relating to a controlled substance;

      (h) Has,] a material fact;

      (d) Dispensing, without proper verification, [dispensed] a lens, frame, specially fabricated optical device or other ophthalmic device that does not satisfy the minimum standards established by the Board pursuant to NRS [637.073;

      (i) Has violated any regulation of the Board;

      (j) Has violated]637.070;

      (e) Committing fraud or deceit in the practice of ophthalmic dispensing;

      (f) Violating any provision of this chapter [;

      (k) Is incompetent;

      (l) Is guilty of unethical or unprofessional conduct as determined by] or any regulations of the Board [;

      (m) Is guilty of repeated malpractice, which may be evidenced by claims of malpractice settled against a practitioner;

      (n) Is guilty of a fraudulent or deceptive practice as determined by the Board; or

      (o) Has operated] adopted pursuant to this chapter;

      (g) Operating 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 the Board may, in the case of an applicant, refuse to grant the applicant a license, or may, in the case of a holder of a license, place the holder on probation, reprimand the holder publicly, require the holder to pay an administrative fine of not more than $10,000, suspend or revoke the holder’s license, or take any combination of these disciplinary actions.

      2.  The Board shall not privately reprimand a holder of a license.

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

      4.  The provisions of paragraph (o) of subsection 1 apply to an owner or other principal responsible for the operation of the medical facility.

      5.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.] ; and

      (h) Engaging in any other conduct which the Board has determined is unethical or unprofessional.

      Sec. 30. NRS 637.154 is hereby amended to read as follows:

      637.154  1.  [To the extent that money is available for that purpose, the] The Board may, [upon its own motion, investigate the actions of any person who holds a license issued pursuant to this chapter that may constitute grounds for refusal to issue such a license, or the suspension or revocation of the license.]

 


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the license.] in a manner that is consistent with the provisions of chapter 622A of NRS, conduct investigations, hold hearings and examine witnesses in carrying out its duties pursuant to this chapter.

      2.  [The] For the purposes of this chapter, any member of the Board may [accept gifts, grants] administer oaths and [donations of money from any source] issue subpoenas to [carry out] compel the [provisions] attendance of [this section.] witnesses and the production of books, papers, documents and any other articles related to the practice of ophthalmic dispensing.

      3.  If any person fails to comply with a subpoena within 10 days after its issuance, the Board may petition the district court for an order compelling compliance with the subpoena.

      4.  Upon such a petition, the court shall enter an order directing the person subpoenaed to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and to show cause why the person has not complied with the subpoena. A certified copy of the order must be served upon the person subpoenaed.

      5.  If it appears to the court that the subpoena was regularly issued by the Board, the court shall enter an order compelling compliance with the subpoena, and upon failure to obey the order, the person must be dealt with as for contempt of court.

      Sec. 31. NRS 637.181 is hereby amended to read as follows:

      637.181  Notwithstanding the provisions of chapter 622A of NRS [:

      1.  The Board shall conduct an investigation if it receives a complaint that sets forth reason to believe that a person, without the proper license, is engaging in an activity for which a license is required pursuant to this chapter. The complaint must be:

      (a) Made in writing; and

      (b) Signed and verified by the person filing the complaint.

      2.  If] , if the Board determines that a person [, without the proper license, is engaging] who is not licensed pursuant to this chapter has engaged in an activity for which a license is required pursuant to this chapter, [the Board:

      (a) Shall issue] or has violated, or employed a person who, in the course of his or her employment, has violated any provision of NRS 637.125 or any regulation adopted by the Board to carry out the provisions of that section, the Board may:

      1.  Issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person obtains the proper license from the Board.

      [(b) May, after notice and opportunity for a hearing, impose upon]

      2.  Issue a citation to the person pursuant to section 11 of this act. Such a citation must describe with particularity the nature of the violation and inform the person of the provisions of this section.

      3.  Order the person to reimburse the Board the costs of any investigation or hearing related to a violation.

      4.  Assess against the person an administrative fine of not more than $10,000 [.] for each separate violation. The imposition of an administrative fine is a final decision for the purposes of judicial review.

      [3.  An administrative fine imposed pursuant to this section is in addition to]

 


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ê2023 Statutes of Nevada, Page 1399 (CHAPTER 223, AB 415)ê

 

      5.  Impose any [other penalty provided in this chapter.

      4.  The Board shall retain all complaints received by] combination of the [Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.] penalties set forth in subsections 1, 2 and 3.

      Sec. 32. NRS 637.200 is hereby amended to read as follows:

      637.200  The following acts constitute misdemeanors, unless a greater penalty is provided pursuant to NRS 200.830 or 200.840:

      1.  The insertion of a false or misleading statement in any advertising in connection with the business of ophthalmic dispensing.

      2.  Making use of any advertising statement of a character tending to indicate to the public the superiority of a particular system or type of eyesight examination or treatment.

      3.  Furnishing or advertising the furnishing of the services of a refractionist, optometrist, physician or surgeon.

      4.  Changing the prescription of a lens without an order from a person licensed to issue such a prescription.

      5.  Filling a prescription [for a contact lens] in violation of the expiration date or , for a prescription for a contact lens, in violation of the number of refills specified by the prescription. A prescription shall be deemed to have an expiration date of 2 years after the date on which the prescription was issued, unless the practitioner who wrote the prescription includes on the prescription a different period.

      6.  Holding oneself out to the public, either verbally or in writing, to be an optician, a dispensing optician or an apprentice dispensing optician without holding a valid and active license issued pursuant to this chapter.

      7.  Failing to comply with a citation or order issued pursuant to this chapter after the citation or order is final.

      8.  Violating any provision of this chapter.

      Sec. 32.5.  Notwithstanding the amendatory provisions of this act, a person who, on January 31, 2023, holds a limited license as a dispensing optician which has been transferred to an inactive list pursuant to NRS 637.121, as that section existed before October 1, 2023, may reactivate the limited license as a dispensing optician in accordance with NRS 637.121, as that section existed before October 1, 2023.

      Sec. 33. NRS 637.010, 637.024, 637.041, 637.073, 637.075, 637.110, 637.120, 637.123, 637.127, 637.135, 637.140, 637.155, 637.170, 637.175 and 637.183 are hereby repealed.

      Sec. 34.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 33, 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, 2023, for all other purposes.

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ê2023 Statutes of Nevada, Page 1400ê

 

CHAPTER 224, SB 61

Senate Bill No. 61–Committee on Judiciary

 

CHAPTER 224

 

[Approved: June 7, 2023]

 

AN ACT relating to crimes; providing that the holding of an account in joint tenancy does not, in and of itself, convey to the persons named on the account legal ownership of the account and the deposits and proceeds of the account in a manner that would preclude such a person from committing or being prosecuted for exploitation involving the control or conversion of any deposits or proceeds of the account; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth certain circumstances in which a deposit made in the names of two or more persons creates an account held in joint tenancy. Existing law provides, with certain exceptions, that the use by a depositor of the term “joint account,” or a similar term, in designating the ownership of an account indicates the intent of the depositor that the account be held in joint tenancy. If an account is intended to be held in joint tenancy, existing law provides that the account or proceeds from the account are owned by the persons named on the account. (NRS 100.085)

      In 1996, the Nevada Supreme Court held that the status of a defendant as a joint account holder under NRS 100.085 did not preclude her conviction for theft of money from the joint account because the jury could have concluded that the criminal intent and actions of the defendant arose before she placed the money into the joint account. (Walch v. State, 112 Nev. 25, 31-33 (1996)) In 2018, the Nevada Court of Appeals determined that NRS 100.085 establishes a presumption that a joint account holder has ownership of, and the authority to use, money in a joint account. The Court held that, under the reasoning of the Nevada Supreme Court, for a joint account holder to be convicted of theft based on the withdrawal or misuse of money from a joint account, the State is required to establish that the criminal intent of the joint account holder arose before the money was deposited into the joint account. (Natko v. State, 134 Nev. 841, 843-44 (Nev. Ct. App. 2018))

      Existing law imposes criminal penalties on a person who exploits or who conspires to exploit an older person or vulnerable person. (NRS 200.5099, 200.50995) Existing law defines “exploitation” to mean, in general, any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to obtain control of or to convert the person’s money, assets or property with the intention of permanently depriving the person of the ownership, use, benefit or possession of his or her money, assets or property. (NRS 200.5092) Sections 1 and 5.5 of this bill provide that the mere fact that an account of an older person or a vulnerable person is held in joint tenancy does not, in and of itself, convey to the persons named on the account legal ownership of the account and the deposits and proceeds of the account in such a way that would preclude any of those persons from committing or being prosecuted for exploitation involving the control or conversion of any deposits or proceeds of the account, regardless of when the intent to commit exploitation arose.

      Sections 2-4 and 6 of this bill make conforming changes to indicate the proper placement of section 1 in the Nevada Revised Statutes.

 


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ê2023 Statutes of Nevada, Page 1401 (CHAPTER 224, SB 61)ê

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  The mere fact that an account of an older person or a vulnerable person is held in joint tenancy pursuant to NRS 100.085 does not, in and of itself, convey to all persons named on the account legal ownership of the account and the deposits and proceeds of the account in a manner that would preclude such a person from committing or being prosecuted for exploitation involving the control or conversion of any deposits or proceeds of the account if the facts and circumstances demonstrate that exploitation has occurred, regardless of whether the intent to commit exploitation arose before, during or after the creation of the account.

      2.  Nothing in this section shall be construed to relieve the State of its burden of proving beyond a reasonable doubt each element of the crime of exploitation.

      Sec. 2. NRS 200.5092 is hereby amended to read as follows:

      200.5092  As used in NRS 200.5091 to 200.50995, inclusive, and section 1 of this act, unless the context otherwise requires:

      1.  “Abandonment” means:

      (a) Desertion of an older person or a vulnerable person in an unsafe manner by a caretaker or other person with a legal duty of care; or

      (b) Withdrawal of necessary assistance owed to an older person or a vulnerable person by a caretaker or other person with an obligation to provide services to the older person or vulnerable person.

      2.  “Abuse” means willful:

      (a) Infliction of pain or injury on an older person or a vulnerable person;

      (b) Deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person;

      (c) Infliction of psychological or emotional anguish, pain or distress on an older person or a vulnerable person through any act, including, without limitation:

             (1) Threatening, controlling or socially isolating the older person or vulnerable person;

             (2) Disregarding the needs of the older person or vulnerable person; or

             (3) Harming, damaging or destroying any property of the older person or vulnerable person, including, without limitation, pets;

      (d) Nonconsensual sexual contact with an older person or a vulnerable person, including, without limitation:

             (1) An act that the older person or vulnerable person is unable to understand or to which the older person or vulnerable person is unable to communicate his or her objection; or

             (2) Intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh or buttocks of the older person or vulnerable person; or

      (e) Permitting any of the acts described in paragraphs (a) to (d), inclusive, to be committed against an older person or a vulnerable person.

 


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ê2023 Statutes of Nevada, Page 1402 (CHAPTER 224, SB 61)ê

 

      3.  “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:

      (a) Obtain control, through deception, intimidation or undue influence, over the older person’s or vulnerable person’s money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or

      (b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.

Ê As used in this subsection, “undue influence” means the improper use of power or trust in a way that deprives a person of his or her free will and substitutes the objectives of another person. The term does not include the normal influence that one member of a family has over another.

      4.  “Isolation” means preventing an older person or a vulnerable person from having contact with another person by:

      (a) Intentionally preventing the older person or vulnerable person from receiving visitors, mail or telephone calls, including, without limitation, communicating to a person who comes to visit the older person or vulnerable person or a person who telephones the older person or vulnerable person that the older person or vulnerable person is not present or does not want to meet with or talk to the visitor or caller knowing that the statement is false, contrary to the express wishes of the older person or vulnerable person and intended to prevent the older person or vulnerable person from having contact with the visitor;

      (b) Physically restraining the older person or vulnerable person to prevent the older person or vulnerable person from meeting with a person who comes to visit the older person or vulnerable person; or

      (c) Permitting any of the acts described in paragraphs (a) and (b) to be committed against an older person or a vulnerable person.

Ê The term does not include an act intended to protect the property or physical or mental welfare of the older person or vulnerable person or an act performed pursuant to the instructions of a physician of the older person or vulnerable person.

      5.  “Neglect” means the failure of a person or a manager of a facility who has assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person or who has voluntarily assumed responsibility for his or her care to provide food, shelter, clothing or services which are necessary to maintain the physical or mental health of the older person or vulnerable person.

      6.  “Older person” means a person who is 60 years of age or older.

      7.  “Protective services” means services the purpose of which is to prevent and remedy the abuse, neglect, exploitation, isolation and abandonment of older persons or vulnerable persons. The services may include:

      (a) The investigation, evaluation, counseling, arrangement and referral for other services and assistance; and

      (b) Services provided to an older person or a vulnerable person who is unable to provide for his or her own needs.

      8.  “Vulnerable person” means a person 18 years of age or older who:

 


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ê2023 Statutes of Nevada, Page 1403 (CHAPTER 224, SB 61)ê

 

      (a) Suffers from a condition of physical or mental incapacitation because of a developmental disability, organic brain damage or mental illness; or

      (b) Has one or more physical or mental limitations that restrict the ability of the person to perform the normal activities of daily living.

      Sec. 3. NRS 200.50925 is hereby amended to read as follows:

      200.50925  For the purposes of NRS 200.5091 to 200.50995, inclusive, and section 1 of this act, a person:

      1.  Has “reasonable cause to believe” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would believe, under those facts and circumstances, that an act, transaction, event, situation or condition exists, is occurring or has occurred.

      2.  Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.

      Sec. 4. NRS 200.5099 is hereby amended to read as follows:

      200.5099  1.  Except as otherwise provided in subsection 6, any person who abuses an older person or a vulnerable person is guilty:

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

             (2) 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 $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses or if the person has been previously convicted of violating a law of any other jurisdiction that prohibits the same or similar conduct, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years,

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      2.  Except as otherwise provided in subsection 7, any person who has assumed responsibility, legally, voluntarily or pursuant to a contract, to care for an older person or a vulnerable person and who neglects the older person or vulnerable person, causing the older person or vulnerable person to suffer physical pain or mental suffering, permits or allows the older person or vulnerable person to suffer unjustifiable physical pain or mental suffering or permits or allows the older person or vulnerable person to be placed in a situation where the older person or vulnerable person may suffer physical pain or mental suffering as the result of abuse or neglect is guilty:

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

             (2) 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 $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 6 years,

 


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ê2023 Statutes of Nevada, Page 1404 (CHAPTER 224, SB 61)ê

 

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      3.  Except as otherwise provided in subsection 4, any person who exploits an older person or a vulnerable person shall be punished:

      (a) For the first offense, if the value of any money, assets and property obtained or used:

             (1) Is less than $650, of either of the following, as determined by the court:

                   (I) A category C felony as provided in NRS 193.130; or

                   (II) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment;

             (2) Is at least $650, but less than $5,000, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment; or

             (3) Is $5,000 or more, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, regardless of the value of any money, assets and property obtained or used, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation. The monetary value of all of the money, assets and property of the older person or vulnerable person which have been obtained or used, or both, may be combined for the purpose of imposing punishment for an offense charged pursuant to this subsection.

      4.  If a person exploits an older person or a vulnerable person and the monetary value of any money, assets and property obtained cannot be determined, the person shall be punished:

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony as provided in NRS 193.130; or

             (2) A gross misdemeanor by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, or by a fine of not more than $25,000, or by both fine and imprisonment,

Ê unless a more severe penalty is prescribed by law for the act which brought about the exploitation.

      5.  Any person who isolates or abandons an older person or a vulnerable person is guilty:

      (a) For the first offense, of either of the following, as determined by the court:

             (1) A category C felony and shall be punished as provided in NRS 193.130; or

 


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ê2023 Statutes of Nevada, Page 1405 (CHAPTER 224, SB 61)ê

 

             (2) 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 $2,000, or by both fine and imprisonment; or

      (b) For the second and all subsequent offenses, of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $5,000,

Ê unless a more severe penalty is prescribed by law for the act or omission which brings about the isolation or abandonment.

      6.  A person who violates any provision of subsection 1, if substantial bodily or mental harm or death results to the older person or vulnerable 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 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse.

      7.  A person who violates any provision of subsection 2, if substantial bodily or mental harm or death results to the older person or vulnerable person, shall be punished for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 20 years, unless a more severe penalty is prescribed by law for the act or omission which brings about the abuse or neglect.

      8.  In addition to any other penalty imposed against a person for a violation of any provision of NRS 200.5091 to 200.50995, inclusive, and section 1 of this act the court shall order the person to pay restitution.

      9.  As used in this section:

      (a) “Allow” means to take no action to prevent or stop the abuse or neglect of an older person or a vulnerable person if the person knows or has reason to know that the older person or vulnerable person is being abused or neglected.

      (b) “Permit” means permission that a reasonable person would not grant and which amounts to a neglect of responsibility attending the care and custody of an older person or a vulnerable person.

      (c) “Substantial mental harm” means an injury to the intellectual or psychological capacity or the emotional condition of an older person or a vulnerable person as evidenced by an observable and substantial impairment of the ability of the older person or vulnerable person to function within his or her normal range of performance or behavior.

      Sec. 5. (Deleted by amendment.)

      Sec. 5.5. NRS 100.085 is hereby amended to read as follows:

      100.085  1.  When a deposit has been made in the name of the depositor and one or more other persons, and in a form intended to be paid or delivered to any one of them, or the survivor or survivors of them, the deposit is the property of the persons as joint tenants. If an account is intended to be held in joint tenancy, the account or proceeds from the account are owned by the persons named, and may be paid or delivered to any of them during the lifetime of all, or to the survivor or survivors of them after the death of less than all of the tenants, or the last of them to survive, and payment or delivery is a valid and sufficient release and discharge of the depository.

      2.  The making of a deposit in the form of a joint tenancy vests title to the deposit in the survivor or survivors.

 


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ê2023 Statutes of Nevada, Page 1406 (CHAPTER 224, SB 61)ê

 

      3.  When a deposit has been made in the name of the depositor and one or more other persons, and in a form to be paid or delivered to the survivor or survivors of them, but one or more of the other persons is not authorized to withdraw from the deposit during the life of the depositor or depositors, the person or persons so restricted have no present interest in the deposit, but upon the death of the last depositor entitled to withdraw, the deposit is presumed to belong to the survivor or survivors. Unless written notice of a claim against the deposit has been given by a survivor or a third person before payment or delivery, payment or delivery to a survivor is a valid and sufficient release and discharge of the depository.

      4.  For the purposes of this section, unless a depositor specifically provides otherwise, the use by the depositor of any of the following words or terms in designating the ownership of an account indicates the intent of the depositor that the account be held in joint tenancy:

      (a) Joint;

      (b) Joint account;

      (c) Jointly held;

      (d) Joint tenants;

      (e) Joint tenancy; or

      (f) Joint tenants with right of survivorship.

      5.  As set forth in section 1 of this act, the mere fact that an account of an older person or a vulnerable person is held in joint tenancy pursuant to this section does not, in and of itself, convey to all persons named on the account legal ownership of the account and the deposits and proceeds of the account in a manner that would preclude such a person from committing or being prosecuted for exploitation involving the control or conversion of any deposits or proceeds of the account if the facts and circumstances demonstrate that exploitation has occurred, regardless of whether the intent to commit exploitation arose before, during or after the creation of the account.

      6.  As used in this section:

      (a) “Exploitation” has the meaning ascribed to it in NRS 200.5092.

      (b) “Older person” has the meaning ascribed to it in NRS 200.5092.

      (c) “Vulnerable person” has the meaning ascribed to in NRS 200.5092.

      Sec. 6. NRS 162C.330 is hereby amended to read as follows:

      162C.330  1.  The provisions of this chapter must not be construed to affect the requirement of any person to report the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person as provided in NRS 200.5091 to 200.50995, inclusive [.] , and section 1 of this act.

      2.  As used in this section, the words and terms defined in NRS 200.5091 to 200.50995, inclusive, and section 1 of this act have the meanings ascribed to them in those sections.

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