[Rev. 8/22/2025 11:14:24 AM]

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ê2025 Statutes of Nevada, Page 659ê

 

CHAPTER 120, AB 248

Assembly Bill No. 248–Assemblymember Marzola

 

CHAPTER 120

 

[Approved: May 29, 2025]

 

AN ACT relating to physical therapy; enacting and entering into the Physical Therapy Licensure Compact; authorizing the sharing of certain information with the data system created pursuant to the Compact; providing a person practicing as a physical therapist or physical therapist assistant under the Compact with the same legal status as a person practicing as a physical therapist or physical therapist assistant under a license issued by the Nevada Physical Therapy Board; revising certain terminology relating to physical therapists; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensure and regulation of physical therapists and physical therapist assistants in this State by the Nevada Physical Therapy Board. (Chapter 640 of NRS) Section 1 of this bill enacts the Physical Therapy Licensure Compact, which allows a person who is licensed as a physical therapist or physical therapist assistant in a state that is a member of the Compact to practice as a physical therapist or physical therapist assistant in other states that are members of the Compact. In order to practice as a physical therapist or physical therapist assistant under the Compact, the Compact requires a physical therapist or physical therapist assistant to: (1) hold a license in his or her home state; (2) have no encumbrances on his or her license; (3) meet certain other requirements for eligibility; (4) have had no adverse actions taken against any license or authority to practice under the Compact within the previous 2 years; (5) notify the Physical Therapy Compact Commission that he or she is seeking to practice under the Compact in another state; (6) pay any applicable fees; (7) meet any requirements in the state in which he or she seeks to practice under the Compact; and (8) report any adverse action taken against him or her by a non-member state within 30 days after the date the adverse action is taken. The Compact authorizes a member state to take adverse action against a physical therapist or physical therapist assistant practicing in the member state under the Compact.

      The Compact requires member states to create and establish a joint public agency called the Physical Therapy Compact Commission. The Commission is required to, among other things: (1) establish bylaws; (2) make rules that facilitate and coordinate the implementation and administration of the Compact; (3) hold meetings, which may be closed under certain conditions; and (4) resolve disputes related to the Compact among states that are members of the Compact. The Commission is additionally authorized to levy and collect an annual assessment from each state that is a member of the Compact.

      The Compact also requires the Commission to provide for the development, maintenance and utilization of a data system to facilitate the sharing of information among member states. Section 2 of this bill, in general, authorizes the Nevada Physical Therapy Board to disclose information to the data system when required by the Compact. Section 9 of this bill provides for the confidentiality of certain information disclosed through the data system.

 


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ê2025 Statutes of Nevada, Page 660 (CHAPTER 120, AB 248)ê

 

      Section 4 of this bill deems practicing as a physical therapist or physical therapist assistant under the Compact to be equivalent to practicing under a license issued by the Nevada Physical Therapy Board, thereby providing such persons with the same authority, duties and legal protections as a licensee. Section 2 of this bill requires a physical therapist practicing under the Compact to display proof that he or she is authorized to practice under the Compact in the same manner as a licensed physical therapist is required to display his or her license. Sections 5-8 and 10-14 of this bill replace the term “registered physical therapist” with the term “licensed physical therapist” to reflect current terminology used in existing law governing the practice of physical therapy and this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 640 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Physical Therapy Licensure Compact is hereby ratified and entered into with all other jurisdictions legally joining the Compact, in substantially the form set forth in this section:

 

PHYSICAL THERAPY LICENSURE COMPACT

 

SECTION 1. PURPOSE

 

      The purpose of this Compact is to facilitate interstate practice of physical therapy with the goal of improving public access to physical therapy services. The practice of physical therapy occurs in the state where the patient/client is located at the time of the patient/client encounter. The Compact preserves the regulatory authority of states to protect public health and safety through the current system of state licensure.

      This Compact is designed to achieve the following objectives:

      1.  Increase public access to physical therapy services by providing for the mutual recognition of other member state licenses;

      2.  Enhance the states’ ability to protect the public’s health and safety;

      3.  Encourage the cooperation of member states in regulating multi-state physical therapy practice;

      4.  Support spouses of relocating military members;

      5.  Enhance the exchange of licensure, investigative, and disciplinary information between member states; and

      6.  Allow a remote state to hold a provider of services with a compact privilege in that state accountable to that state’s practice standards.

 

SECTION 2. DEFINITIONS

 

      As used in this Compact, and except as otherwise provided, the following definitions shall apply:

      1.  “Active Duty Military” means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.

 


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      2.  “Adverse Action” means disciplinary action taken by a physical therapy licensing board based upon misconduct, unacceptable performance, or a combination of both.

      3.  “Alternative Program” means a non-disciplinary monitoring or practice remediation process approved by a physical therapy licensing board. This includes, but is not limited to, substance abuse issues.

      4.  “Compact privilege” means the authorization granted by a remote state to allow a licensee from another member state to practice as a physical therapist or work as a physical therapist assistant in the remote state under its laws and rules. The practice of physical therapy occurs in the member state where the patient/client is located at the time of the patient/client encounter.

      5.  “Continuing competence” means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.

      6.  “Data system” means a repository of information about licensees, including examination, licensure, investigative, compact privilege, and adverse action.

      7.  “Encumbered license” means a license that a physical therapy licensing board has limited in any way.

      8.  “Executive Board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

      9.  “Home state” means the member state that is the licensee’s primary state of residence.

      10.  “Investigative information” means information, records, and documents received or generated by a physical therapy licensing board pursuant to an investigation.

      11.  “Jurisprudence Requirement” means the assessment of an individual’s knowledge of the laws and rules governing the practice of physical therapy in a state.

      12.  “Licensee” means an individual who currently holds an authorization from the state to practice as a physical therapist or to work as a physical therapist assistant.

      13.  “Member state” means a state that has enacted the Compact.

      14.  “Party state” means any member state in which a licensee holds a current license or compact privilege or is applying for a license or compact privilege.

      15.  “Physical therapist” means an individual who is licensed by a state to practice physical therapy.

      16.  “Physical therapist assistant” means an individual who is licensed/certified by a state and who assists the physical therapist in selected components of physical therapy.

      17.  “Physical therapy,” “physical therapy practice,” and “the practice of physical therapy” mean the care and services provided by or under the direction and supervision of a licensed physical therapist.

      18.  “Physical Therapy Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

 


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      19.  “Physical therapy licensing board” or “licensing board” means the agency of a state that is responsible for the licensing and regulation of physical therapists and physical therapist assistants.

      20.  “Remote State” means a member state other than the home state, where a licensee is exercising or seeking to exercise the compact privilege.

      21.  “Rule” means a regulation, principle, or directive promulgated by the Commission that has the force of law.

      22.  “State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of physical therapy.

 

SECTION 3. STATE PARTICIPATION IN THE COMPACT

 

      A.  To participate in the Compact, a state must:

             1. Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;

             2. Have a mechanism in place for receiving and investigating complaints about licensees;

             3. Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;

             4. Fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search on criminal background checks and use the results in making licensure decisions in accordance with Section 3.B.;

             5. Comply with the rules of the Commission;

             6. Utilize a recognized national examination as a requirement for licensure pursuant to the rules of the Commission; and

             7. Have continuing competence requirements as a condition for license renewal.

      B.  Upon adoption of this statute, the member state shall have the authority to obtain biometric-based information from each physical therapy licensure applicant and submit this information to the Federal Bureau of Investigation for a criminal background check in accordance with 28 U.S.C. § 534 and 34 U.S.C. § 40316.

      C.  A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules.

      D.  Member states may charge a fee for granting a compact privilege.

 

SECTION 4. COMPACT PRIVILEGE

 

      A.  To exercise the compact privilege under the terms and provisions of the Compact, the licensee shall:

             1. Hold a license in the home state;

             2. Have no encumbrance on any state license;

             3. Be eligible for a compact privilege in any member state in accordance with Section 4D, G and H;

             4. Have not had any adverse action against any license or compact privilege within the previous 2 years;

 


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             5. Notify the Commission that the licensee is seeking the compact privilege within a remote state(s);

             6. Pay any applicable fees, including any state fee, for the compact privilege;

             7. Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a compact privilege; and

             8. Report to the Commission adverse action taken by any non-member state within 30 days from the date the adverse action is taken.

      B.  The compact privilege is valid until the expiration date of the home license. The licensee must comply with the requirements of Section 4.A. to maintain the compact privilege in the remote state.

      C.  A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state.

      D.  A licensee providing physical therapy in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s compact privilege in the remote state for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid.

      E.  If a home state license is encumbered, the licensee shall lose the compact privilege in any remote state until the following occur:

             1. The home state license is no longer encumbered; and

             2. Two years have elapsed from the date of the adverse action.

      F.  Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4A to obtain a compact privilege in any remote state.

      G.  If a licensee’s compact privilege in any remote state is removed, the individual shall lose the compact privilege in any remote state until the following occur:

             1. The specific period of time for which the compact privilege was removed has ended;

             2. All fines have been paid; and

             3. Two years have elapsed from the date of the adverse action.

      H.  Once the requirements of Section 4G have been met, the license must meet the requirements in Section 4A to obtain a compact privilege in a remote state.

 

SECTION 5. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES

 

      A licensee who is active duty military or is the spouse of an individual who is active duty military may designate one of the following as the home state:

      A.  Home of record;

      B.  Permanent Change of Station (PCS); or

      C.  State of current residence if it is different than the PCS state or home of record.

 


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ê2025 Statutes of Nevada, Page 664 (CHAPTER 120, AB 248)ê

 

SECTION 6. ADVERSE ACTIONS

 

      A.  A home state shall have exclusive power to impose adverse action against a license issued by the home state.

      B.  A home state may take adverse action based on the investigative information of a remote state, so long as the home state follows its own procedures for imposing adverse action.

      C.  Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non-public if required by the member state’s laws. Member states must require licensees who enter any alternative programs in lieu of discipline to agree not to practice in any other member state during the term of the alternative program without prior authorization from such other member state.

      D.  Any member state may investigate actual or alleged violations of the statutes and rules authorizing the practice of physical therapy in any other member state in which a physical therapist or physical therapist assistant holds a license or compact privilege.

      E.  A remote state shall have the authority to:

             1. Take adverse actions as set forth in Section 4.D. against a licensee’s compact privilege in the state;

             2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses, and the production of evidence. Subpoenas issued by a physical therapy licensing board in a party state for the attendance and testimony of witnesses, and/or the production of evidence from another party state, shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and

             3. If otherwise permitted by state law, recover from the licensee the costs of investigations and disposition of cases resulting from any adverse action taken against that licensee.

      F.  Joint Investigations

             1. In addition to the authority granted to a member state by its respective physical therapy practice act or other applicable state law, a member state may participate with other member states in joint investigations of licensees.

             2. Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

 

SECTION 7. ESTABLISHMENT OF THE PHYSICAL

THERAPY COMPACT COMMISSION

 

      A.  The Compact member states hereby create and establish a joint public agency known as the Physical Therapy Compact Commission:

             1. The Commission is an instrumentality of the Compact states.

             2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

 


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Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

             3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

      B.  Membership, Voting, and Meetings

             1. Each member state shall have and be limited to one (1) delegate selected by that member state’s licensing board.

             2. The delegate shall be a current member of the licensing board, who is a physical therapist, physical therapist assistant, public member, or the board administrator.

             3. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.

             4. The member state board shall fill any vacancy occurring in the Commission.

             5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

             6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.

             7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

      C.  The Commission shall have the following powers and duties:

             1. Establish the fiscal year of the Commission;

             2. Establish bylaws;

             3. Maintain its financial records in accordance with the bylaws;

             4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;

             5. Promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all member states;

             6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state physical therapy licensing board to sue or be sued under applicable law shall not be affected;

             7. Purchase and maintain insurance and bonds;

             8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;

             9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

             10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services, and to receive, utilize and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;

             11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;

 


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ê2025 Statutes of Nevada, Page 666 (CHAPTER 120, AB 248)ê

 

             12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

             13. Establish a budget and make expenditures;

             14. Borrow money;

             15. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

             16. Provide and receive information from, and cooperate with, law enforcement agencies;

             17. Establish and elect an Executive Board; and

             18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of physical therapy licensure and practice.

      D.  The Executive Board

      The Executive Board shall have the power to act on behalf of the Commission according to the terms of this Compact.

             1. The Executive Board shall be composed of nine members:

                   a. Seven voting members who are elected by the Commission from the current membership of the Commission;

                   b. One ex-officio, nonvoting member from the recognized national physical therapy professional association; and

                   c. One ex-officio, nonvoting member from the recognized membership organization of the physical therapy licensing boards.

             2. The ex-officio members will be selected by their respective organizations.

             3. The Commission may remove any member of the Executive Board as provided in bylaws.

             4. The Executive Board shall meet at least annually.

             5. The Executive Board shall have the following Duties and responsibilities:

                   a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any commission Compact fee charged to licensees for the compact privilege;

                   b. Ensure Compact administration services are appropriately provided, contractual or otherwise;

                   c. Prepare and recommend the budget;

                   d. Maintain financial records on behalf of the Commission;

                   e. Monitor Compact compliance of member states and provide compliance reports to the Commission;

                   f. Establish additional committees as necessary; and

                   g. Other duties as provided in rules or bylaws.

      E.  Meetings of the Commission

             1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 9.

             2. The Commission or the Executive Board or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Board or other committees of the Commission must discuss:

 


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ê2025 Statutes of Nevada, Page 667 (CHAPTER 120, AB 248)ê

 

                   a. Non-compliance of a member state with its obligations under the Compact;

                   b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

                   c. Current, threatened, or reasonably anticipated litigation;

                   d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;

                   e. Accusing any person of a crime or formally censuring any person;

                   f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;

                   g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

                   h. Disclosure of investigative records compiled for law enforcement purposes;

                   i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or

                   j. Matters specifically exempted from disclosure by federal or member state statute.

             3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.

             4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.

      F.  Financing of the Commission

             1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

             2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

             3. The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.

 


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ê2025 Statutes of Nevada, Page 668 (CHAPTER 120, AB 248)ê

 

             4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.

             5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.

      G.  Qualified Immunity, Defense, and Indemnification

             1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.

             2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.

             3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.

 

SECTION 8. DATA SYSTEM

 

      A.  The Commission shall provide for the development, maintenance, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.

 


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ê2025 Statutes of Nevada, Page 669 (CHAPTER 120, AB 248)ê

 

      B.  Notwithstanding any other provision of state law to the contrary a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:

             1. Identifying information;

             2. Licensure data;

             3. Adverse actions against a license or compact privilege;

             4. Non-confidential information related to alternative program participation;

             5. Any denial of application for licensure, and the reason(s) for such denial; and

             6. Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.

      C.  Investigative information pertaining to a licensee in any member state will only be available to other party states.

      D.  The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.

      E.  Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.

      F.  Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.

 

SECTION 9. RULEMAKING

 

      A.  The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this Section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

      B.  If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within 4 years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.

      C.  Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

      D.  Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:

             1. On the website of the Commission or other publicly accessible platform; and

             2. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.

      E.  The Notice of Proposed Rulemaking shall include:

             1. The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

             2. The text of the proposed rule or amendment and the reason for the proposed rule;

 


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             3. A request for comments on the proposed rule from any interested person; and

             4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

      F.  Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

      G.  The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

             1. At least twenty-five (25) persons;

             2. A state or federal governmental subdivision or agency; or

             3. An association having at least twenty-five (25) members.

      H.  If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.

             1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.

             2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

             3. All hearings will be recorded. A copy of the recording will be made available on request.

             4. Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

      I.  Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

      J.  If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

      K.  The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

      L.  Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

             1. Meet an imminent threat to public health, safety, or welfare;

             2. Prevent a loss of Commission or member state funds;

             3. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

 


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             4. Protect public health and safety.

      M.  The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

 

SECTION 10. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT

 

      A.  Oversight

             1. The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.

             2. All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities or actions of the Commission.

             3. The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

      B.  Default, Technical Assistance, and Termination

             1. If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

                   a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and

                   b. Provide remedial training and specific technical assistance regarding the default.

             2. If a state in default fails to cure the default, the defaulting state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

             3. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.

 


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             4. A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.

             5. The Commission shall not bear any costs related to a state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting state.

             6. The defaulting state may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

      C.  Dispute Resolution

             1. Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non-member states.

             2. The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.

      D.  Enforcement

             1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

             2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

             3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

 

SECTION 11. DATE OF IMPLEMENTATION OF THE INTERSTATE COMMISSION FOR PHYSICAL THERAPY PRACTICE AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT

 

      A.  The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.

      B.  Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

 


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      C.  Any member state may withdraw from this Compact by enacting a statute repealing the same.

             1. A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.

             2. Withdrawal shall not affect the continuing requirement of the withdrawing state’s physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this act prior to the effective date of withdrawal.

      D.  Nothing contained in this Compact shall be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a non-member state that does not conflict with the provisions of this Compact.

      E.  This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.

 

SECTION 12. CONSTRUCTION AND SEVERABILITY

 

      This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any party state, the Compact shall remain in full force and effect as to the remaining party states and in full force and effect as to the party state affected as to all severable matters.

      Sec. 2. NRS 640.075 is hereby amended to read as follows:

      640.075  1.  Except as otherwise provided in this section and NRS 239.0115 [,] and section 1 of this act, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a written statement to the Board requesting that such documents and information be made public records.

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

      3.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or any other agency that is investigating a person, including, without limitation, a law enforcement agency.

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

      Sec. 3. NRS 640.110 is hereby amended to read as follows:

      640.110  1.  The Board shall license as a physical therapist or physical therapist assistant each applicant who proves to the satisfaction of the Board his or her qualifications for licensure.

 


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ê2025 Statutes of Nevada, Page 674 (CHAPTER 120, AB 248)ê

 

      2.  The Board shall issue to each applicant who proves to the satisfaction of the Board his or her qualification for licensure:

      (a) As a physical therapist, a license as a physical therapist. The license authorizes the applicant to represent himself or herself as a licensed physical therapist and to practice physical therapy in the State of Nevada subject to the conditions and limitations of this chapter.

      (b) As a physical therapist assistant, a license as a physical therapist assistant. The license authorizes the applicant to represent himself or herself as a licensed physical therapist assistant and to practice as a licensed physical therapist assistant subject to the conditions and limitations of this chapter.

      3.  Each physical therapist shall display his or her current license or proof that he or she is authorized to practice in this State under the Physical Therapy Licensure Compact enacted by section 1 of this act, as applicable, in a location which is accessible to the public.

      4.  The Board may charge a fee, not to exceed $25, to change a name on a license.

      5.  A license as a physical therapist assistant remains valid while a supervising physical therapist continues to supervise the physical therapist assistant.

      Sec. 4. The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:

      Except as otherwise expressly provided in a particular statute or required by the context, privilege to practice as a physical therapist or a physical therapist assistant in this State under the Physical Therapy Licensure Compact ratified and entered into in section 1 of this act shall be deemed to be equivalent to the corresponding license.

      Sec. 5. NRS 7.095 is hereby amended to read as follows:

      7.095  1.  An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death against a provider of health care based upon professional negligence in excess of 35 percent of the amount recovered.

      2.  The limitations set forth in subsection 1 apply to all forms of recovery, including, without limitation, settlement, arbitration and judgment.

      3.  For the purposes of this section, “recovered” means the net sum recovered by the plaintiff after deducting any disbursements or costs incurred in connection with the prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and general and administrative expenses incurred by the office of the attorney are not deductible disbursements or costs.

      4.  As used in this section:

      (a) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.

      (b) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, [registered] licensed physical therapist, podiatric physician, licensed psychologist, chiropractic physician, naprapath, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

 


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medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

      Sec. 6. NRS 41A.017 is hereby amended to read as follows:

      41A.017  “Provider of health care” means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, anesthesiologist assistant, dentist, licensed nurse, dispensing optician, optometrist, [registered] licensed physical therapist, podiatric physician, licensed psychologist, chiropractic physician, naprapath, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital, clinic, surgery center, physicians’ professional corporation or group practice that employs any such person and its employees.

      Sec. 7. NRS 42.021 is hereby amended to read as follows:

      42.021  1.  In an action for injury or death against a provider of health care based upon professional negligence, if the defendant so elects, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and any contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of medical, hospital, dental or other health care services. If the defendant elects to introduce such evidence, the plaintiff may introduce evidence of any amount that the plaintiff has paid or contributed to secure the plaintiff’s right to any insurance benefits concerning which the defendant has introduced evidence.

      2.  A source of collateral benefits introduced pursuant to subsection 1 may not:

      (a) Recover any amount against the plaintiff; or

      (b) Be subrogated to the rights of the plaintiff against a defendant.

      3.  In an action for injury or death against a provider of health care based upon professional negligence, a district court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgment creditor be paid in whole or in part by periodic payments rather than by a lump-sum payment if the award equals or exceeds $50,000 in future damages.

      4.  In entering a judgment ordering the payment of future damages by periodic payments pursuant to subsection 3, the court shall make a specific finding as to the dollar amount of periodic payments that will compensate the judgment creditor for such future damages. As a condition to authorizing periodic payments of future damages, the court shall require a judgment debtor who is not adequately insured to post security adequate to assure full payment of such damages awarded by the judgment. Upon termination of periodic payments of future damages, the court shall order the return of this security, or so much as remains, to the judgment debtor.

      5.  A judgment ordering the payment of future damages by periodic payments entered pursuant to subsection 3 must specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments will be made. Such payments must only be subject to modification in the event of the death of the judgment creditor. Money damages awarded for loss of future earnings must not be reduced or payments terminated by reason of the death of the judgment creditor, but must be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before the judgment creditor’s death.

 


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ê2025 Statutes of Nevada, Page 676 (CHAPTER 120, AB 248)ê

 

damages awarded for loss of future earnings must not be reduced or payments terminated by reason of the death of the judgment creditor, but must be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before the judgment creditor’s death. In such cases, the court that rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with this subsection.

      6.  If the court finds that the judgment debtor has exhibited a continuing pattern of failing to make the periodic payments as specified pursuant to subsection 5, the court shall find the judgment debtor in contempt of court and, in addition to the required periodic payments, shall order the judgment debtor to pay the judgment creditor all damages caused by the failure to make such periodic payments, including, but not limited to, court costs and attorney’s fees.

      7.  Following the occurrence or expiration of all obligations specified in the periodic payment judgment, any obligation of the judgment debtor to make further payments ceases and any security given pursuant to subsection 4 reverts to the judgment debtor.

      8.  As used in this section:

      (a) “Future damages” includes damages for future medical treatment, care or custody, loss of future earnings, loss of bodily function, or future pain and suffering of the judgment creditor.

      (b) “Periodic payments” means the payment of money or delivery of other property to the judgment creditor at regular intervals.

      (c) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.

      (d) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, [registered] licensed physical therapist, podiatric physician, naprapath, licensed psychologist, chiropractic physician, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

      Sec. 8. NRS 52.320 is hereby amended to read as follows:

      52.320  As used in NRS 52.320 to 52.375, inclusive, unless the context otherwise requires:

      1.  “Custodian of medical records” means a chiropractic physician, naprapath, physician, [registered] licensed physical therapist or licensed nurse who prepares and maintains medical records, or any employee or agent of such a person or a facility for convalescent care, medical laboratory or hospital who has care, custody and control of medical records for such a person or institution.

      2.  “Medical records” includes bills, ledgers, statements and other accounts which show the cost of medical services or care provided to a patient.

 


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ê2025 Statutes of Nevada, Page 677 (CHAPTER 120, AB 248)ê

 

      Sec. 9. 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, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 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, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 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, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 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, 293.909, 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, 353D.250, 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, 396.9685, 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, 427A.940, 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, 439.5282, 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, 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.

 


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ê2025 Statutes of Nevada, Page 678 (CHAPTER 120, AB 248)ê

 

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, 604D.500, 604D.600, 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, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 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, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 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, 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, 670B.680, 671.365, 671.415, 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 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

      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.

 


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ê2025 Statutes of Nevada, Page 679 (CHAPTER 120, AB 248)ê

 

      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. 10. NRS 372.7285 is hereby amended to read as follows:

      372.7285  1.  In administering the provisions of NRS 372.325, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

      (a) The medical device was ordered or prescribed by a provider of health care, within his or her scope of practice, for use by the person to whom it is provided;

      (b) The medical device is covered by Medicaid or Medicare; and

      (c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.

      2.  As used in this section:

      (a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

      (b) “Medicare” means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

      (c) “Provider of health care” means a physician or physician assistant licensed pursuant to chapter 630, 630A or 633 of NRS, perfusionist, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, [registered] licensed physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech-language pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractic physician, naprapath, licensed dietitian or doctor of Oriental medicine in any form.

      Sec. 11. NRS 374.731 is hereby amended to read as follows:

      374.731  1.  In administering the provisions of NRS 374.330, the Department shall apply the exemption to the sale of a medical device to a governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

 


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ê2025 Statutes of Nevada, Page 680 (CHAPTER 120, AB 248)ê

 

governmental entity that is exempt pursuant to that section without regard to whether the person using the medical device or the governmental entity that purchased the device is deemed to be the holder of title to the device if:

      (a) The medical device was ordered or prescribed by a provider of health care, within his or her scope of practice, for use by the person to whom it is provided;

      (b) The medical device is covered by Medicaid or Medicare; and

      (c) The purchase of the medical device is made pursuant to a contract between the governmental entity that purchases the medical device and the person who sells the medical device to the governmental entity.

      2.  As used in this section:

      (a) “Medicaid” means the program established pursuant to Title XIX of the Social Security Act, 42 U.S.C. §§ 1396 et seq., to provide assistance for part or all of the cost of medical care rendered on behalf of indigent persons.

      (b) “Medicare” means the program of health insurance for aged persons and persons with disabilities established pursuant to Title XVIII of the Social Security Act, 42 U.S.C. §§ 1395 et seq.

      (c) “Provider of health care” means a physician or physician assistant licensed pursuant to chapter 630, 630A or 633 of NRS, perfusionist, dentist, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, [registered] licensed physical therapist, podiatric physician, licensed psychologist, licensed audiologist, licensed speech-language pathologist, licensed hearing aid specialist, licensed marriage and family therapist, licensed clinical professional counselor, chiropractic physician, naprapath, licensed dietitian or doctor of Oriental medicine in any form.

      Sec. 12. NRS 439A.0195 is hereby amended to read as follows:

      439A.0195  “Practitioner” means a physician licensed under chapter 630, 630A or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, [registered] licensed physical therapist, podiatric physician, licensed psychologist, chiropractic physician, naprapath, doctor of Oriental medicine in any form, medical laboratory director or technician, pharmacist or other person whose principal occupation is the provision of services for health.

      Sec. 13. NRS 598A.360 is hereby amended to read as follows:

      598A.360  “Practitioner” means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, licensed nurse, dispensing optician, optometrist, practitioner of respiratory care, [registered] licensed physical therapist, occupational therapist, licensed psychologist or perfusionist.

      Sec. 14.  This act becomes effective on July 1, 2025.

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ê2025 Statutes of Nevada, Page 681ê

 

CHAPTER 121, AB 266

Assembly Bill No. 266–Assemblymembers González, Moore, Miller, Brown-May; Anderson, Dalia, D’Silva, Gallant, Goulding, Gray, Hunt, Jackson, Karris, La Rue Hatch, Marzola, Nadeem, Nguyen, Orentlicher, Roth and Torres-Fossett

 

Joint Sponsors: Senators Cruz-Crawford and Doñate

 

CHAPTER 121

 

[Approved: May 30, 2025]

 

AN ACT relating to public health; requiring the Department of Health and Human Services to publish certain information relating to breastfeeding and develop a program of public education concerning lactation; authorizing certain providers of health care and medical facilities to provide that information to certain persons; prohibiting a place of public accommodation from engaging in certain discrimination against a person who is breastfeeding; authorizing certain civil actions and administrative actions to enforce that prohibition; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Medicaid program to cover: (1) counseling and support for breastfeeding; (2) supplies for breastfeeding until the child’s first birthday; and (3) lactation consultation and support. (NRS 422.27174, 422.27179) Existing law authorizes Medicaid to provide additional coverage of supplies for breastfeeding. (NRS 422.27178) Section 1 of this bill requires the Department of Health and Human Services to post on an Internet website maintained by the Department: (1) a fact sheet that provides information concerning that coverage under Medicaid; and (2) a list of services available in the community for lactation support. Section 1 authorizes certain providers of health care and medical facilities that provide care to a pregnant person to provide the information posted by the Department to the pregnant person and, with the consent or at the direction of the pregnant person, certain other persons. Section 1 additionally requires the Department to develop and carry out a program of public education to increase public awareness about lactation.

      Existing law provides that all persons are entitled to the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation, without discrimination or segregation on the ground of race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression. (NRS 651.070) Existing law defines the term “place of public accommodation” to mean any establishment or place to which the public is invited or which is intended for public use, including inns, hotels, motels, restaurants, bars, gasoline stations, theaters, convention centers, bakeries, grocery stores, laundromats, museums, libraries, parks, zoos, nurseries, private and public schools or universities, day care centers, senior citizen centers, gymnasiums, health spas and bowling alleys. (NRS 651.050; Clark County Sch. Dist. v. Buchanan, 112 Nev. 1146 (1996)) Section 4 of this bill prohibits a place of public accommodation, except if required by law, regulation or ordinance to restrict the access of a minor to the place of public accommodation, from: (1) denying the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation to a person because the person is breastfeeding a child; or (2) publishing a statement, advertisement, notice or sign that conflicts with that prohibition. Section 5 of this bill makes the definition of “place of public accommodation” in existing law apply to section 4. Section 6 of this bill clarifies that those prohibitions do not apply to certain private establishments that are not places of public accommodation. Section 8 of this bill authorizes a victim of certain violations of section 4 to file a civil action.

 


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ê2025 Statutes of Nevada, Page 682 (CHAPTER 121, AB 266)ê

 

of section 4 to file a civil action. Section 9 of this bill authorizes a county or incorporated city to adopt an ordinance that protects the rights protected by section 4, with certain limitations. Section 10 of this bill authorizes a victim of a violation of section 4 to file a complaint with the Nevada Equal Rights Commission, and section 3 of this bill authorizes the Commission to order its Administrator to investigate and hold hearings on such a complaint. The Commission would also be authorized to: (1) hold an informal meeting to attempt to settle a dispute over an alleged violation of section 4; and (2) after a formal public hearing, order the place of public accommodation to cease and desist from activity that violates section 4 and take corrective action. (NRS 233.170) Section 2 of this bill makes a conforming change to include preventing discrimination against persons who are breastfeeding children within the purposes of the Commission. Section 1.5 of this bill provides that it is not an unlawful discriminatory practice in public accommodations to enforce a law, regulation or ordinance restricting a minor from entering or remaining in the place of public accommodation.

 

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

      1.  The Department shall:

      (a) Post on an Internet website maintained by the Department and update at least annually:

             (1) A fact sheet that provides, in accessible language, information concerning the coverage provided under Medicaid pursuant to paragraph (a) of subsection 1 of NRS 422.27174 and paragraph (a) of subsection 1 of NRS 422.27179 and any additional coverage provided under Medicaid pursuant to subsection 1 of NRS 422.27178.

             (2) A list of services available in the community for lactation support. The list must include, without limitation, the names, addresses and telephone numbers of organizations that provide lactation support.

      (b) Develop and carry out a program of public education to increase public awareness about lactation, including, without limitation, the health benefits of lactation and ways in which pregnant persons and the parents of infants can connect to lactation support.

      2.  The information described in paragraph (a) of subsection 1 must be available in English, Spanish, Tagalog and any other language deemed appropriate by the Department.

      3.  A physician, physician assistant, advanced practice registered nurse or midwife who attends a pregnant patient during gestation or the delivery of an infant or a hospital or freestanding birthing center from which a pregnant patient receives care during gestation or the delivery of an infant may provide the information posted by the Department pursuant to paragraph (a) of subsection 1 to:

      (a) The patient;

      (b) With the consent of the patient, any other person accompanying the patient when the patient receives care; and

      (c) Any other person, at the direction of the patient.

      Sec. 1.5. Chapter 233 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any provision of this chapter, it is not an unlawful discriminatory practice in public accommodations for any place of public accommodation to enforce a federal or state law or regulation or local law or ordinance that prohibits a minor from entering or remaining on its premises or certain areas of its premises.

 


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ê2025 Statutes of Nevada, Page 683 (CHAPTER 121, AB 266)ê

 

accommodation to enforce a federal or state law or regulation or local law or ordinance that prohibits a minor from entering or remaining on its premises or certain areas of its premises.

      Sec. 2. NRS 233.010 is hereby amended to read as follows:

      233.010  1.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and obtain housing accommodations without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry.

      2.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek and be granted services in places of public accommodation without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, national origin, ancestry or gender identity or expression [.] or because a person is breastfeeding a child.

      3.  It is hereby declared to be the public policy of the State of Nevada to protect the welfare, prosperity, health and peace of all the people of the State, and to foster the right of all persons reasonably to seek, obtain and hold employment without discrimination, distinction or restriction because of race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. As used in this subsection:

      (a) “Protective hairstyle” includes, without limitation, hairstyles such as natural hairstyles, afros, bantu knots, curls, braids, locks and twists.

      (b) “Race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles.

      4.  It is recognized that the people of this State should be afforded full and accurate information concerning actual and alleged practices of discrimination and acts of prejudice, and that such information may provide the basis for formulating statutory remedies of equal protection and opportunity for all citizens in this State.

      Sec. 3. NRS 233.150 is hereby amended to read as follows:

      233.150  The Commission may:

      1.  Order its Administrator to:

      (a) With regard to public accommodation, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, national origin, ancestry or gender identity or expression or because the person is breastfeeding a child and may conduct hearings with regard thereto.

      (b) With regard to housing, investigate tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto.

      (c) With regard to employment, investigate:

             (1) Tensions, practices of discrimination and acts of prejudice against any person or group because of race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry, and may conduct hearings with regard thereto; and

             (2) Any unlawful employment practice by an employer pursuant to the provisions of NRS 613.4353 to 613.4383, inclusive, and may conduct hearings with regard thereto.

 


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ê2025 Statutes of Nevada, Page 684 (CHAPTER 121, AB 266)ê

 

Ê As used in this paragraph, “race” includes traits associated with race, including, without limitation, hair texture and protective hairstyles, as defined in paragraph (a) of subsection 3 of NRS 233.010.

      2.  Mediate between or reconcile the persons or groups involved in those tensions, practices and acts.

      3.  Issue subpoenas for the attendance of witnesses or for the production of documents or tangible evidence relevant to any investigations or hearings conducted by the Commission.

      4.  Delegate its power to hold hearings and issue subpoenas to any of its members or any hearing officer in its employ.

      5.  Adopt reasonable regulations necessary for the Commission to carry out the functions assigned to it by law.

      Sec. 4. Chapter 651 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in subsection 2, it is unlawful for a place of public accommodation to:

      (a) Deny the full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of the place of public accommodation to a person because the person is breastfeeding a child.

      (b) Print, circulate, post, mail or otherwise cause to be published a statement, advertisement, notice or sign:

             (1) Stating that the place of public accommodation refuses or denies the full and equal enjoyment of any good, service, facility, privilege, advantage or accommodation of the place of public accommodation to a person in violation of paragraph (a); or

             (2) Otherwise indicating that the patronage or presence of a person at a place of public accommodation is objectionable, unwelcome, unacceptable or undesirable because the person is breastfeeding a child.

      2.  It is not a violation of this section for any place of public accommodation to enforce a federal or state law or regulation or local law or ordinance that requires the place of public accommodation to prohibit a minor from entering or remaining on its premises or certain areas of its premises.

      Sec. 5. NRS 651.050 is hereby amended to read as follows:

      651.050  As used in NRS 651.050 to 651.110, inclusive, and section 4 of this act, unless the context otherwise requires:

      1.  “Disability” means, with respect to a person:

      (a) A physical or mental impairment that substantially limits one or more of the major life activities of the person;

      (b) A record of such an impairment; or

      (c) Being regarded as having such an impairment.

      2.  “Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.

      3.  “Online establishment” means a business, whether or not conducted for profit, which:

      (a) Offers goods or services to the general public in this State through an Internet website, mobile application or other electronic medium; and

      (b) Is not operated in conjunction with a physical location which is open to the public.

      4.  “Place of public accommodation” means:

      (a) Any inn, hotel, motel or other establishment which provides lodging to transient guests, except an establishment located within a building which contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as the proprietor’s residence;

 


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ê2025 Statutes of Nevada, Page 685 (CHAPTER 121, AB 266)ê

 

contains not more than five rooms for rent or hire and which is actually occupied by the proprietor of the establishment as the proprietor’s residence;

      (b) Any restaurant, bar, cafeteria, lunchroom, lunch counter, soda fountain, casino or any other facility where food or spirituous or malt liquors are sold, including any such facility located on the premises of any retail establishment;

      (c) Any gasoline station;

      (d) Any motion picture house, theater, concert hall, sports arena or other place of exhibition or entertainment;

      (e) Any auditorium, convention center, lecture hall, stadium or other place of public gathering;

      (f) Any bakery, grocery store, clothing store, hardware store, shopping center or other sales or rental establishment;

      (g) Any laundromat, dry cleaner, bank, barber shop, beauty shop, travel service, shoe repair service, funeral parlor, office of an accountant or lawyer, pharmacy, insurance office, office of a provider of health care, hospital or other service establishment;

      (h) Any terminal, depot or other station used for specified public transportation;

      (i) Any museum, library, gallery or other place of public display or collection;

      (j) Any park, zoo, amusement park or other place of recreation;

      (k) Any nursery, private school or university or other place of education;

      (l) Any day care center, senior citizen center, homeless shelter, food bank, adoption agency or other social service establishment;

      (m) Any gymnasium, health spa, bowling alley, golf course or other place of exercise or recreation;

      (n) Any other establishment or place to which the public is invited or which is intended for public use;

      (o) Any establishment physically containing or contained within any of the establishments described in paragraphs (a) to (n), inclusive, which holds itself out as serving patrons of the described establishment; and

      (p) Any online establishment.

      5.  “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality.

      Sec. 6. NRS 651.060 is hereby amended to read as follows:

      651.060  1.  The provisions of NRS 651.050 to 651.110, inclusive, and section 4 of this act do not apply to any private club, private online discussion forum or other establishment not in fact open to the public, except to the extent that the facilities of such establishment are made available to the customers or patrons of an establishment within the scope of NRS 651.050.

      2.  As used in this section, “private online discussion forum” means an online forum:

      (a) Which is operated for the primary purpose of allowing its members to exercise their constitutionally protected right of expressive association;

      (b) Which has not more than 1,000 members; and

      (c) The operator of which does not regularly receive payment, directly or indirectly, from or on behalf of nonmembers for dues, fees, use of facilities or goods or services for the furtherance of trade or business.

 


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ê2025 Statutes of Nevada, Page 686 (CHAPTER 121, AB 266)ê

 

      Sec. 7. (Deleted by amendment.)

      Sec. 8. NRS 651.090 is hereby amended to read as follows:

      651.090  1.  Any person who:

      (a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by NRS 651.070 or 651.075 [;] or section 4 of this act;

      (b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person for the purpose of interfering with any right or privilege secured by NRS 651.070 or 651.075 [;] or section 4 of this act; or

      (c) Punishes or attempts to punish any other person for exercising or attempting to exercise any right or privilege secured by NRS 651.070 or 651.075 [,] or section 4 of this act,

Ê is liable to the person whose rights pursuant to NRS 651.070 or 651.075 or section 4 of this act are affected for actual damages, to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant resides.

      2.  In an action brought pursuant to this section, the court may:

      (a) Grant any equitable relief it considers appropriate, including temporary, preliminary or permanent injunctive relief, against the defendant.

      (b) Award costs and reasonable attorney’s fees to the prevailing party.

      Sec. 9. NRS 651.100 is hereby amended to read as follows:

      651.100  Any county or incorporated city of this state may adopt a local ordinance prohibiting infringement of the rights, privileges or access secured by NRS 651.070, 651.072 or 651.075 [,] or section 4 of this act, but such an ordinance must not apply to any establishment outside the scope of NRS 651.050 and 651.060 or impose a penalty more severe than that provided by NRS 651.075 or 651.080. A prosecution pursuant to NRS 651.075 or 651.080 is a bar to any prosecution pursuant to an ordinance authorized by this section.

      Sec. 10. NRS 651.110 is hereby amended to read as follows:

      651.110  1.  Except as otherwise provided in subsection 2, any person who believes he or she has been denied full and equal enjoyment of the goods, services, facilities, privileges, advantages and accommodations of any place of public accommodation because of discrimination or segregation based on race, color, religion, national origin, disability, sexual orientation, sex or gender identity or expression or because the person is breastfeeding a child may file a complaint to that effect with the Nevada Equal Rights Commission.

      2.  A complaint may not be filed with the Nevada Equal Rights Commission for a violation of NRS 651.072.

      Sec. 11.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1.5 to 10, inclusive, of this act become effective on July 1, 2025.

      3.  Section 1 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 October 1, 2025, for all other purposes.

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ê2025 Statutes of Nevada, Page 687ê

 

CHAPTER 122, AB 281

Assembly Bill No. 281–Committee on Government Affairs

 

CHAPTER 122

 

[Approved: May 30, 2025]

 

AN ACT relating to the state militia; clarifying for purposes of industrial insurance that a member of the state militia is on state active duty for 24 hours a day while on state active duty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes that 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. (NRS 412.026) Existing law entitles, with certain exceptions, any member of the militia of the State or his or her dependents to certain compensation pursuant to the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act if the member is wounded, injured, disabled or killed while in the line of duty in the service of the State. (NRS 412.142) Existing law further requires that certain compensation and benefits: (1) must be determined based on the member’s average income from all sources during the year immediately preceding his or her injury or death or the commencement of his or her disability; and (2) must not exceed the maximum amount prescribed by the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act. (NRS 412.142) Sections 1 and 2 of this bill clarify that for purposes of industrial insurance a member of the militia of the State who is on state active duty is on state active duty 24 hours a day for each day of state active duty.

 

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 412.142 is hereby amended to read as follows:

      412.142  1.  Except as otherwise provided in subsection [2:] 3:

      (a) In all cases in which any member of the militia of the State is wounded, injured, disabled or killed while [in the line of] on state active duty [in the service of the State,] or if that wound, injury or disability is aggravated or recurs while the member is on state active duty, the member or the dependents of the member are entitled to receive compensation from the State of Nevada, in accordance with the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS. If that wound, injury or disability is aggravated or recurs while the member is in the line of duty in the service of the State, the member or the member’s dependents are also entitled to receive such compensation.

 


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ê2025 Statutes of Nevada, Page 688 (CHAPTER 122, AB 281)ê

 

      (b) In all cases, the member who has a disability or is deceased shall be deemed to be an employee of the State of Nevada. The compensation to be awarded to the member or to the dependents of the member must be determined upon the basis of the member’s average income from all sources during the year immediately preceding the date of his or her injury or death or the commencement of his or her disability, but the compensation must not exceed the maximum prescribed in chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      2.  For the purposes of subsection 1, a member of the militia of the State who is on state active duty shall be deemed to be on state active duty 24 hours a day for each day of state active duty.

      3.  The provisions of this section do not apply to a member of the militia of the State or any dependents of the member who is receiving or is entitled to receive compensation or benefits for an injury, wound, illness, disability or death described in this section pursuant to any law or regulation of the Federal Government, if:

      (a) The federal compensation or benefits arise from military duties performed pursuant to Title 10 or Title 32 of the United States Code; and

      (b) The wound, injury, illness or disability is not an aggravation or recurrence of a wound, injury, illness or disability that arose from previous duties performed pursuant to Title 10 or Title 32 of the United States Code.

      Sec. 2. Chapter 616A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Any member of the Nevada National Guard shall be deemed an employee of the State of Nevada for purposes of chapters 616A to 616D, inclusive, of NRS while on state active duty.

      2.  For the purposes of subsection 1, a member of the Nevada National Guard shall be deemed to be on state active duty 24 hours a day for each day of state active duty.

      Sec. 3. NRS 616A.025 is hereby amended to read as follows:

      616A.025  As used in chapters 616A to 616D, inclusive, of NRS, unless the context otherwise requires, the words and terms defined in NRS 616A.030 to 616A.360, inclusive, and section 2 of this act, have the meanings ascribed to them in those sections.

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ê2025 Statutes of Nevada, Page 689ê

 

CHAPTER 123, AB 325

Assembly Bill No. 325–Committee on Government Affairs

 

CHAPTER 123

 

[Approved: May 30, 2025]

 

AN ACT relating to artificial intelligence; defining “artificial intelligence” in the context of emergency management; requiring emergency management plans prepared by the Governor and each plan adopted by a state or local governmental agency to include provisions ensuring that final decisions regarding emergency response planning and the allocation of resources in response to an emergency are not made by artificial intelligence; prohibiting a public utility from making a final decision regarding whether to reduce or shut down utility service in response to a disaster or emergency based solely on the use of artificial intelligence; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the development of emergency management plans by state and local governmental agencies. (NRS 414.040) Existing law also authorizes the development of a state emergency management plan. (NRS 414.060) Section 3 of this bill requires such emergency management plans to include certain provisions to ensure final decisions regarding emergency response planning and the allocation of resources in response to an emergency are not made by artificial intelligence.

      Section 2 of this bill defines “artificial intelligence” in the context of emergency management, and section 4 of this bill applies that definition to the existing provisions of law relating to emergency management.

      Section 5 of this bill prohibits a public utility from making a final decision regarding whether to reduce or shut down utility service in response to a disaster or emergency based solely on the use of artificial intelligence.

 

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

      Sec. 2. “Artificial intelligence” means a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations or decisions influencing real or virtual environments.

      Sec. 3. Any state emergency management plan prepared pursuant to NRS 414.060 and each plan for emergency operations described in subparagraph (2) of paragraph (b) of subsection 4 of NRS 414.040 that is adopted by a state or local governmental agency must include provisions ensuring that final decisions regarding emergency response planning and the allocation of resources in response to an emergency are not made by artificial intelligence but rather by a natural person.

      Sec. 4. NRS 414.030 is hereby amended to read as follows:

      414.030  As used in this chapter, the words and terms defined in NRS 414.031 to 414.038, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

 


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ê2025 Statutes of Nevada, Page 690 (CHAPTER 123, AB 325)ê

 

      Sec. 5. Chapter 704 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A public utility shall not make a final decision regarding whether to reduce or shut down utility service in response to a disaster or emergency based solely on the use of artificial intelligence.

      2.  As used in this section:

      (a) “Artificial intelligence” has the meaning ascribed to it in section 2 of this act.

      (b) “Disaster” has the meaning ascribed to it in NRS 414.0335.

      (c) “Emergency” has the meaning ascribed to it in NRS 414.0345.

________

CHAPTER 124, AB 329

Assembly Bill No. 329–Assemblymember Roth

 

CHAPTER 124

 

[Approved: May 30, 2025]

 

AN ACT relating to victims of crime; revising certain provisions relating to the Fund for the Compensation of Victims of Crime; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes certain victims of crime to apply for and receive payment of compensation from the Fund for the Compensation of Victims of Crime under certain circumstances. (NRS 217.010-217.270) Existing law generally requires an application for compensation from the Fund to be filed: (1) not later than 24 months after the injury or death for which compensation is claimed; (2) not later than 60 months after the injury or death for which compensation is claimed if the applicant is a victim of sex trafficking or facilitating sex trafficking; or (3) before the applicant reaches 21 years of age if the applicant is a victim of sexual abuse or involved in the production of pornography and the applicant was a minor at the time of the injury. (NRS 217.100) Section 1 of this bill makes various changes to require all applications for compensation from the Fund to be filed not later than 60 months after the injury or death for which compensation is claimed, unless the applicant was a minor at the time of the injury, in which case the application must be filed not later than 60 months after the applicant reaches 21 years of age.

      Existing law authorizes the Director of the Department of Health and Human Services or a person designated by the Director to waive the limitation on the time for filing an application for compensation from the Fund for good cause shown if the injury or death for which compensation is claimed was the result of an incident or offense that was reported to the police within 5 days after its occurrence or within 5 days after the time when a report could reasonably have been made. (NRS 217.100) Section 1 removes the condition that to be eligible for the waiver, the incident or offense that caused the injury or death for which compensation is claimed be reported to the police, thereby authorizing the Director or a person designated by the Director to waive the limitation on the time for filing an application for any good cause shown.

      Existing law requires an application for compensation from the Fund to be accompanied by certain medical records that document the injury for which compensation is claimed. (NRS 217.100) Section 1 removes this requirement and instead provides that the applicant may prove eligibility for compensation from the Fund by submitting certain documentary evidence of the injury or death for which compensation is claimed.

 


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ê2025 Statutes of Nevada, Page 691 (CHAPTER 124, AB 329)ê

 

      Existing law prohibits an award of compensation from the Fund under certain circumstances, including compensation to a victim of crime who fails to cooperate with a law enforcement agency. (NRS 217.220) Section 2 of this bill removes the prohibition against the award of compensation from the Fund to a victim of a crime who fails to cooperate with a law enforcement agency.

 

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 217.100 is hereby amended to read as follows:

      217.100  1.  Except as otherwise provided in subsection [5,] 2, any person eligible for compensation under the provisions of NRS 217.010 to 217.270, inclusive, may apply to the Director for such compensation [not] :

      (a) Except as otherwise provided in paragraph (b), not later than [24 months after the injury or death for which compensation is claimed or, for a person who is a victim of sex trafficking or facilitating sex trafficking, not later than] 60 months after the injury or death for which compensation is claimed [, unless waived by the] ; or

      (b) If the applicant was a minor at the time of the injury, not later than 60 months after the applicant reaches 21 years of age.

      2.  The Director or a person designated by the Director may waive the limitation on time described in subsection 1 for good cause shown . [, and the personal injury or death was the result of an incident or offense that was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.

      2.  An]

      3.  Except as otherwise provided in subsection 2, an order for the payment of compensation must not be made unless the application is made within the time set forth in subsection 1.

      [3.]4.  Where the person entitled to make application is:

      (a) A minor, the application may be made on his or her behalf by a parent or guardian.

      (b) Mentally incapacitated, the application may be made on his or her behalf by a parent, guardian or other person authorized to administer his or her estate.

      [4.  The]

      5.  An applicant [must submit with his or her application the] may prove eligibility for compensation by submitting documentary evidence of the injury or death for which the applicant claims compensation, which may include, without limitation:

      (a) The reports, if reasonably available, from all physicians who, at the time of or subsequent to the victim’s injury or death, treated or examined the victim in relation to the injury for which compensation is claimed [.] ;

      (b) A police report, investigative report or complaint which the victim filed with a law enforcement agency;

      (c) A copy of an order for protection;

      (d) A transcript of testimony given under oath or affirmation in a civil or criminal proceeding;

      (e) A record of a governmental entity;

      (f) A record from an organization which provides services to victims of crime;

 


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ê2025 Statutes of Nevada, Page 692 (CHAPTER 124, AB 329)ê

 

      (g) An affidavit of a qualified third party; or

      (h) Other documentary evidence deemed sufficient by the Director.

      [5.  The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of pornography. Such a minor must apply for compensation before reaching 21 years of age.]

      6.  As used in this section [:

      (a) “Facilitating sex trafficking” means a violation of NRS 201.301.

      (b) “Sex trafficking” means a violation of subsection 2 of NRS 201.300.] , “qualified third party” means:

      (a) A physician licensed to practice in this State;

      (b) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc. or the American Osteopathic Board of Neurology and Psychiatry of the American Osteopathic Association;

      (c) A psychologist licensed to practice in this State;

      (d) A social worker licensed to practice in this State;

      (e) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;

      (f) A marriage and family therapist or clinical professional counselor licensed to practice in this State pursuant to chapter 641A of NRS;

      (g) A victim’s advocate as defined in NRS 49.2545; or

      (h) Any member of the clergy of a church or religious society or denomination that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code of 1986, 26 U.S.C. § 501(c)(3), who has been chosen, elected or appointed in conformity with the constitution, canons, rites, regulations or discipline of the church or religious society or denomination and who is a resident of this State.

      Sec. 2. NRS 217.220 is hereby amended to read as follows:

      217.220  1.  Except as otherwise provided in subsections 2 and 3, compensation must not be awarded if the victim:

      (a) Was injured or killed as a result of the operation of a motor vehicle, boat or airplane unless the vehicle, boat or airplane was used as a weapon in a deliberate attempt to harm the victim or unless the driver of the vehicle injured a pedestrian, violated any of the provisions of NRS 484C.110 or the use of the vehicle was punishable pursuant to NRS 484C.430 or 484C.440;

      (b) Was a coconspirator, codefendant, accomplice or adult passenger of the offender whose crime caused the victim’s injuries;

      (c) Was injured or killed while serving a sentence of imprisonment in a prison or jail; or

      (d) Was injured or killed while living in a facility for the commitment or detention of children who are adjudicated delinquent pursuant to title 5 of NRS . [; or

      (e) Fails to cooperate with law enforcement agencies. Such cooperation does not require prosecution of the offender.]

      2.  Paragraph (a) of subsection 1 does not apply to a minor who was physically injured or killed while being a passenger in the vehicle of an offender who violated NRS 484C.110 or is punishable pursuant to NRS 484C.430 or 484C.440.

      3.  A victim who is a relative of the offender or who, at the time of the personal injury or death of the victim, was living with the offender in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.

 


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ê2025 Statutes of Nevada, Page 693 (CHAPTER 124, AB 329)ê

 

in a continuing relationship may be awarded compensation if the offender would not profit by the compensation of the victim.

      4.  The compensation officer may deny an award if the compensation officer determines that the applicant will not suffer serious financial hardship. In determining whether an applicant will suffer serious financial hardship, the compensation officer shall not consider:

      (a) The value of the victim’s dwelling;

      (b) The value of one motor vehicle owned by the victim; or

      (c) The savings and investments of the victim up to an amount equal to the victim’s annual salary.

________

CHAPTER 125, AB 333

Assembly Bill No. 333–Assemblymembers Gray, Hansen, Roth, Anderson, DeLong; Dickman, Goulding, La Rue Hatch and O’Neill

 

Joint Sponsors: Senators Taylor, Daly; and Hansen

 

CHAPTER 125

 

[Approved: May 30, 2025]

 

AN ACT relating to governmental administration; requiring the Director of the State Department of Agriculture to establish the Nevada State Fairgrounds; creating the Account for the Maintenance and Operation of the Nevada State Fairgrounds; revising certain duties of the Nevada Junior Livestock Show Board relating to the real property leased to Washoe County for use as a fairground; terminating a lease for certain real property leased to Washoe County; requiring the State Land Registrar to enter into an agreement to lease certain real property to Washoe County; requiring the State Department of Agriculture to assume responsibility for the operation and maintenance of certain real property; repealing certain provisions of existing law governing the lease of certain real property to Washoe County; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law directed the State Board of Agriculture to lease certain real property to Washoe County subject to a trust imposed on that real property. (Chapter 251, Statutes of Nevada 1951, at pages 366-67) A portion of that real property was later exempted from the trust to enable Washoe County to construct a county public building complex on the real property. (Chapter 52, Statutes of Nevada 1977, at pages 123-26; chapter 561, Statutes of Nevada 1997, at pages 2726-28) Section 10 of this bill terminates the lease for that real property which is owned by the State of Nevada and leased to Washoe County. Section 14 of this bill repeals the chapters of Statutes of Nevada that are related to the lease of this real property to Washoe County. Section 9 of this bill sets forth a legislative declaration relating to the legislative history of the lease of that real property and the reasons for terminating the lease.

      Section 11 of this bill requires the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, to enter into an agreement to lease to Washoe County the real property in use as a county public building complex. Section 11 requires that, as part of the agreement, Washoe County must survey and generate a legal description for the portion of the real property in use by Washoe County.

 


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ê2025 Statutes of Nevada, Page 694 (CHAPTER 125, AB 333)ê

 

      Section 12 of this bill provides that, following the termination of the lease, the State Department of Agriculture is responsible for the operation and maintenance of the portion of the real property that is not leased to Washoe County, which shall be referred to as the Nevada State Fairgrounds.

      Sections 5 and 12 of this bill require the Director of the State Department of Agriculture to establish a state fairground, to be known as the Nevada State Fairgrounds, on the portion of the real property not leased to Washoe County. Section 5 requires the Department to develop, maintain, operate and promote the use of the Nevada State Fairgrounds and any facilities located thereon. Section 12 further provides that the Nevada State Fairgrounds are subject to the trust imposed on that real property.

      Section 6 of this bill creates the Account for the Maintenance and Operation of the Nevada State Fairgrounds in the State General Fund and requires that the money in the Account be used to develop, maintain, operate and promote the use of the Nevada State Fairgrounds and any facilities located thereon.

      Sections 3 and 4 of this bill define “Department” and “Director,” respectively. Section 2 of this bill applies those definitions to the provisions of sections 5 and 6 and certain provisions of existing law relating to fairs and exhibits. (Chapter 551 of NRS) Section 7 of this bill revises certain references to the Department and Director consistent with the definitions.

      Existing law requires the Nevada Junior Livestock Show Board to review the uses of the real property leased to Washoe County for use as a fairground and any physical improvements or changes to the facilities at the fairground. (NRS 563.080) Section 8 of this bill instead requires the Board to review any physical improvements or changes to the Nevada State Fairgrounds.

 

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 551 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 6, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Department” means the State Department of Agriculture.

      Sec. 4. “Director” means the Director of the Department.

      Sec. 5. 1.  The Director shall establish a state fairground, to be known as the Nevada State Fairgrounds.

      2.  The Department shall:

      (a) Develop, maintain, operate and promote the use of the Nevada State Fairgrounds and any facilities located thereon; and

      (b) Promote purposes relating to agriculture using the Nevada State Fairgrounds.

      3.  To carry out the requirements of this section, the Director may:

      (a) Enter into contracts or other legal agreements with the Federal Government, state officials, state agencies, local governments, quasi-governmental entities, nonprofit organizations and for-profit businesses; and

      (b) Rent or lease concessions located within the boundaries of the Nevada State Fairgrounds to any public or private person for valuable consideration under such terms and conditions deemed fit and proper by the Director.

 


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ê2025 Statutes of Nevada, Page 695 (CHAPTER 125, AB 333)ê

 

      Sec. 6. 1.  The Account for the Maintenance and Operation of the Nevada State Fairgrounds is hereby created in the State General Fund. The Director shall administer the Account. The Account is a continuing account without reversion.

      2.  Money in the Account must be used by the Department to develop, maintain, operate and promote the use of the Nevada State Fairgrounds and any facilities located thereon.

      3.  The Director may accept gifts, grants, donations and bequests of money from any source. The money must be deposited in the State Treasury for credit to the Account.

      4.  The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

      Sec. 7. NRS 551.030 is hereby amended to read as follows:

      551.030  1.  Except as otherwise provided in NRS 547.110, the [State] Department [of Agriculture] may operate or authorize the operation of any state fair or regional fair in this State.

      2.  The Director [of the Department] must determine the venue and frequency of any state fair or regional fair, except that a state fair or regional fair may not be held more frequently than once each calendar year.

      Sec. 8. NRS 563.080 is hereby amended to read as follows:

      563.080  1.  The Board shall have possession and care of all property of the Nevada Junior Livestock Show and the Nevada Youth Livestock and Dairy Show and shall be entrusted with the direction of the entire business and financial affairs of these exhibitions.

      2.  The Board may:

      (a) Appoint employees and define their duties.

      (b) Adopt bylaws, rules and regulations for the government of the Nevada Junior Livestock Show Board, the Nevada Junior Livestock Show and the Nevada Youth Livestock and Dairy Show and for all exhibitions of livestock.

      (c) Acquire or lease real and personal property, buildings and improvements.

      3.  The Board shall review [:

      (a) All uses of the real property leased to Washoe County for use as a fairground; and

      (b) Any] any physical improvements or changes to the [facilities at the fairground,

Ê] Nevada State Fairgrounds established pursuant to section 5 of this act to ensure that the [use of] improvements or changes to the property [for purposes related to agriculture and livestock continues] continue to comply with the provisions of the trust relating to the fairground . [imposed upon the conveyance.]

      Sec. 9.  The Legislature hereby finds and declares that:

      1.  Pursuant to chapter 251, Statutes of Nevada 1951, the State Board of Agriculture was directed to lease the real property described as NE 1/4 SW 1/4 and SE 1/4 NW 1/4 of Section 1, T. 19 N., R. 19 E., M.D.B. & M., in Washoe County, Nevada (approximately 80 acres less a described area of 2.904 acres) to Washoe County for 50 years with the express provision that the lessee “recognized the trust imposed by Chapter XXVII, Statutes of Nevada 1887.”

 


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ê2025 Statutes of Nevada, Page 696 (CHAPTER 125, AB 333)ê

 

      2.  Washoe County was directed to transfer not to exceed 6 acres of the southerly portion of the land originally leased to Washoe County to the state board of military auditors pursuant to chapter 11, Statutes of Nevada 1955.

      3.  The lease to Washoe County was extended to March 21, 2050, upon the same terms pursuant to chapter 295, Statutes of Nevada 1971.

      4.  Pursuant to chapter 52, Statutes of Nevada 1977, a portion of the real property leased to Washoe County was exempted from the trust described in subsection 1 for the purpose of constructing and maintaining a county public building complex. The real property is described as follows:

      All that real property situate in the City of Reno, County of Washoe, State of Nevada, being all that portion of the Southwest quarter of Section 1, Township 19 North, Range 19 East, M.D.B. & M., described as follows:

 

       Beginning at the Southeast corner of the Nevada National Guard parcel as situated on the Washoe County Fairgrounds, said point bearing South 44º33′52″ West 1,044.32 feet from a Washoe County brass cup representing the Center of Section 1, Township 19 North, Range 19 East, M.D.B. & M.; thence North 88º11′36″ West along the Southerly line of said National Guard parcel 288.02 feet (Record 288.00 feet) to Southwest Corner of said National Guard parcel; thence North 1º48′24″ East along the West line of said National Guard parcel 152.49 feet; thence North 88º16′06″ West 300.65 feet to a point on the Easterly line of Wells Avenue; thence South 1º43′54″ West along the said Easterly line of Wells Avenue 601.69 feet to the Northerly line of East Ninth Street as shown on the Leete’s Syndicate Addition; thence South 89º16′47″ East along said Northerly line of East Ninth Street 1,272.65 feet to a point on the West line of Sutro Street as described in Document No. 366638, at Book 895, page 509, filed for record on June 5, 1975, Official Records of Washoe County, Nevada; thence North 0º33′14″ East along said Westerly line of Sutro Street 324.45 feet; thence North 89º26′46″ West 100.00 feet; thence North 0º33′14″ East 70.00 feet; thence North 89º39′30″ West 366.93 feet; thence North 44º38′30″ West 262.89 feet; thence North 88º11′36″ West 18.60 feet to a point on the East line of said National Guard parcel; thence South 1º48′24″ West along said East line 138.46 feet to the true point of beginning.

 

      5.  Pursuant to chapter 561, Statutes of Nevada 1997, a portion of the real property leased to Washoe County was again exempted from the trust described in subsection 1 for the purpose of constructing and maintaining a county public building complex. The real property is described as follows:

      All that certain piece or parcel of land situate in the southwest 1/4 of section 1, township 19 north, range 19 east, M.D.M. and being more particularly described as follows:

 

       Beginning at the intersection of the east right-of-way line of North Wells Avenue and the north right-of-way line of East Ninth Street in the City of Reno, County of Washoe, State of Nevada, said intersection being the point of beginning; thence North 1°43′54″ East, 779.20 feet along the east right-of-way line of said North Wells Avenue; thence leaving said right-of-way and proceeding South 88°12′41″ east 669.35 feet to a point on the west right-of-way line of Sutro Street; thence south 0°33′14″ west, 690.66 feet along the west right-of-way of Sutro Street to the point of intersection with the north right-of-way line of East Ninth Street; thence along the north right-of-way line of East Ninth Street, north 89°16′47″ west 1272.65 feet to the said point of beginning and containing an area of 21.3 acres more or less.

 


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ê2025 Statutes of Nevada, Page 697 (CHAPTER 125, AB 333)ê

 

Sutro Street; thence south 0°33′14″ west, 690.66 feet along the west right-of-way of Sutro Street to the point of intersection with the north right-of-way line of East Ninth Street; thence along the north right-of-way line of East Ninth Street, north 89°16′47″ west 1272.65 feet to the said point of beginning and containing an area of 21.3 acres more or less.

 

      6.  Pursuant to chapter 105, Statutes of Nevada 1999, the legal description of the portion of the real property leased to Washoe County described in subsection 5 was amended. The real property is described as follows:

      All that certain piece or parcel of land situate in the southwest 1/4 of section 1, township 19 north, range 19 east, M.D.M. and being more particularly described as follows:

 

       Beginning at the intersection of the east right-of-way line of North Wells Avenue and the north right-of-way line of East Ninth Street in the City of Reno, County of Washoe, State of Nevada, said intersection being the point of beginning; thence North 1°43′54″ East, 779.20 feet along the east right-of-way line of said North Wells Avenue; thence leaving said right-of-way and proceeding South 88°12′41″ East, 588.99 feet; thence South 1°48′24″ West, 65.00 feet; thence south 88°12′41″ east 669.35 feet to a point on the west right-of-way line of Sutro Street; thence south 0°33′14″ west, 690.66 feet along the west right-of-way of Sutro Street to the point of intersection with the north right-of-way line of East Ninth Street; thence along the north right-of-way line of East Ninth Street, north 89°16′47″ west 1272.65 feet to the said point of beginning and containing an area of 21.3 acres more or less.

 

      7.  Washoe County has constructed and maintained a county public building complex on a portion of the land described in subsection 5, as amended by subsection 6.

      8.  The remaining portion of the real property not exempted from the trust has strayed from the original trust purposes.

      Sec. 10.  The lease to Washoe County by the State Board of Agriculture for the real property located in Washoe County, Nevada, created pursuant to chapter 251, Statutes of Nevada 1951 and extended pursuant to chapter 295, Statutes of Nevada 1971, is hereby terminated.

      Sec. 11.  1.  The Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, shall enter into an agreement with Washoe County, whereby the real property upon which Washoe County has constructed and maintained a county public building complex shall be exempt from any trust imposed by the statutes enumerated in section 9 of this act and shall be made immediately available for use by Washoe County for the term of the existing lease expiring on March 21, 2050, for the purpose of constructing and maintaining thereon a county public building complex.

      2.  The agreement described in subsection 1 must:

      (a) Require Washoe County to survey and generate a legal description for the real property upon which Washoe County has constructed and maintained a county public building complex.

 


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ê2025 Statutes of Nevada, Page 698 (CHAPTER 125, AB 333)ê

 

      (b) Provide that after Washoe County completes the requirements of paragraph (a), the State Land Registrar shall execute a new lease for no consideration with Washoe County for the real property described in the legal description generated by Washoe County pursuant to paragraph (a) and agreed to by the State Land Registrar.

      Sec. 12.  Upon termination of the lease to Washoe County pursuant to section 10 of this act:

      1.  The State Department of Agriculture shall be responsible for the operation and maintenance of the portion of the real property not leased to Washoe County, which shall herein be referred to as the Nevada State Fairgrounds. The Director of the Department shall establish the Nevada State Fairgrounds as required by section 5 of this act.

      2.  The Director and the State Department of Agriculture shall recognize the trust imposed by Chapter XXVII, Statutes of Nevada 1887, and shall manage, control and properly maintain the Nevada State Fairgrounds subject to said trust.

      3.  Any money on hand or to become available to Washoe County for the Nevada State Fairgrounds must be paid directly to the State Department of Agriculture.

      4.  The State Department of Agriculture shall assume any accounts payable by Washoe County for the Nevada State Fairgrounds.

      5.  The State Department of Agriculture shall assume responsibility for any existing contracts or other agreements entered into by Washoe County for use of the Nevada State Fairgrounds or any buildings or facilities thereon.

      Sec. 13.  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. 14. Chapter 251, Statutes of Nevada 1951, at page 366, chapter 11, Statutes of Nevada 1955, at page 13, chapter 295, Statutes of Nevada 1971, at page 526, chapter 52, Statutes of Nevada 1977, at page 123 and chapter 561, Statutes of Nevada 1997, at page 2726 are hereby repealed.

      Sec. 15.  1.  This section and sections 11 and 13 of this act become effective upon passage and approval.

      2.  Sections 1 to 10, inclusive, 12 and 14 of this act become effective on the day that the agreement between the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources and Washoe County that is required pursuant to section 11 of this act takes effect.

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ê2025 Statutes of Nevada, Page 699ê

 

CHAPTER 126, AB 360

Assembly Bill No. 360–Assemblymember Goulding

 

CHAPTER 126

 

[Approved: May 30, 2025]

 

AN ACT relating to health care; requiring certain physician assistants and advanced practice registered nurses to examine pregnant women for the discovery of syphilis; requiring the use of a rapid or point-of-care test when testing certain pregnant women for syphilis in certain circumstances; requiring certain medical facilities to develop a policy to ensure compliance with such requirements; exempting certain medical facilities from requirements relating to testing for syphilis; authorizing the discipline of certain health care facilities that violate such requirements; requiring Medicaid to reimburse for rapid or point-of-care testing for syphilis performed under certain circumstances separately from reimbursement for other prenatal care; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires every physician attending a pregnant woman during gestation to make an examination for the discovery of syphilis. Existing law also requires any medical facility, other than a hospital, and an emergency department or labor and delivery unit in a hospital that is evaluating or treating a pregnant woman to test the pregnant woman for syphilis using a standard serological test, unless the pregnant woman refuses the test or indicates that she has already had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists. Existing law requires such a physician or facility to treat a patient who tests positive for syphilis or to refer the patient for such treatment, except where the patient refuses treatment. (NRS 442.010) Section 1 of this bill additionally requires a physician assistant or advanced practice registered nurse to make an examination for the discovery of syphilis when attending a pregnant woman during gestation. Section 1 requires certain medical facilities, other than a hospital, and an emergency department or labor unit of a hospital to test a pregnant woman who has not received any prenatal screenings and tests for syphilis, and who does not refuse testing, using a rapid or point-of-care test instead of a standard serological test unless the results of a serological test are likely to be available before the woman is discharged or otherwise leaves the facility. Section 1 requires such a facility to perform a serological test if a woman indicates she has a history of syphilis or refer the woman for such a test. Section 1: (1) clarifies that such a facility must perform a test for syphilis on a pregnant woman, unless the woman refuses the test, regardless of the reason the woman is seeking treatment at the facility; and (2) requires any such refusal to be documented. Section 1 further requires such a facility to develop a policy to ensure compliance with such testing requirements and certain recommendations by the American College of Obstetricians and Gynecologists or its successor organization. Section 1 additionally exempts rural clinics that are owned, operated or administered by certain governmental entities from certain requirements governing testing for syphilis.

      Additionally, certain public and private policies of health insurance, including Medicaid, would be required to cover rapid or point-of-care testing for syphilis performed under the conditions required by section 1. (NRS 287.010, 287.04335, 422.27173, 689A.0412, 689B.0315, 689C.1675, 698C.425, 695A.1856, 695B.1913, 695C.050, 695C.1737, 695G.1714) Section 3.5 of this bill requires Medicaid, to the extent federal financial participation is available, to reimburse such testing for syphilis separately from the other prenatal care the pregnant woman received at the time of the testing.

 


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      Sections 2 and 3 of this bill authorize the Division of Public and Behavioral Health of the Department of Health and Human Services to discipline a medical facility for a violation of section 1.

 

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 442.010 is hereby amended to read as follows:

      442.010  1.  Except as otherwise provided in [subsection 6,] subsections 7 and 9, every:

      (a) Physician , physician assistant or advanced practice registered nurse attending a pregnant woman during gestation for conditions relating to her pregnancy shall make an examination, including a standard serological test, for the discovery of syphilis. The physician , physician assistant or advanced practice registered nurse shall take or cause to be taken a sample of blood of the woman at the times prescribed by subsection 2, if applicable, and shall submit the sample to a laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.

      (b) Person permitted by law to attend upon pregnant women, but not permitted by law to make blood tests in Nevada, shall cause a sample of the blood of the pregnant woman to be taken at the times prescribed by subsection 2, if applicable, by a duly licensed physician , physician assistant or advanced practice registered nurse and submitted to a laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for syphilis.

      (c) Non-hospital medical facility or emergency department or labor and delivery unit in a hospital that evaluates or treats a woman of childbearing age for any reason shall ensure that:

             (1) The woman is asked if she is pregnant and, if she responds in the affirmative, whether she has [had the] received any prenatal care, including, without limitation, any prenatal screenings and tests ; [recommended by the American College of Obstetricians and Gynecologists or its successor organization;] and

             (2) An examination is made, including [a standard serological test,] the performance of:

                   (I) A test for the discovery of syphilis [,] in accordance with subsection 3 if the woman indicates that she is pregnant , [and has not had the prenatal screenings and tests recommended by the American College of Obstetricians and Gynecologists or its successor organization. The non-hospital medical facility, emergency department or labor and delivery unit shall ensure that a sample of blood of the woman is taken at the times prescribed by subsection 2, if applicable, and shall ensure the submission of the sample to a laboratory licensed pursuant to chapter 652 of NRS for a standard serological test for] has no history of syphilis and has not been tested for syphilis within the immediately preceding 3 months; or

                   (II) A serological test or a referral for the performance of a serological test if the woman indicates that she has a history of syphilis.

      2.  An examination for the discovery of syphilis pursuant to paragraphs (a) and (b) of subsection 1 must be performed:

      (a) [During the first trimester of pregnancy at] At the first visit to a physician , physician assistant or advanced practice registered nurse or other person permitted by law to attend upon pregnant women, a non-hospital medical facility or an emergency department or labor and delivery unit of a hospital during a pregnancy or as soon thereafter as practicable;

 


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other person permitted by law to attend upon pregnant women, a non-hospital medical facility or an emergency department or labor and delivery unit of a hospital during a pregnancy or as soon thereafter as practicable;

      (b) During the third trimester of pregnancy between the 27th and 36th week of gestation or as soon thereafter as practicable; and

      (c) At delivery for a pregnant woman who:

             (1) Should be routinely tested for infection with syphilis, as recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services;

             (2) Lives in an area designated by the Division as having high syphilis morbidity;

             (3) Did not receive prenatal care; or

             (4) Delivers a stillborn infant after 20 weeks of gestation.

      3.  For the purposes of sub-subparagraph (I) of subparagraph (2) of paragraph (c) of subsection 1, a non-hospital medical facility or emergency department or labor and delivery unit of a hospital may use:

      (a) A rapid or point-of-care test; or

      (b) A serological test only if the facility performing the test reasonably believes it is able to obtain the results of the serological test before the woman is discharged from or otherwise leaves the facility.

      4.  A qualified serological , rapid or point-of-care test for syphilis is one recognized as such by the State Board of Health.

      [4.]5.  If the test is made in a state laboratory, it must be made without charge.

      [5.]6.  If a serological , rapid, point-of-care or physical examination test performed pursuant to subsection 1 shows that a pregnant woman is infected with syphilis, the physician, physician assistant, advanced practice registered nurse, other person, non-hospital medical facility, emergency department or labor and delivery unit shall:

      (a) If the physician, physician assistant, advanced practice registered nurse, other person, non-hospital medical facility, emergency department or labor and delivery unit is capable of providing treatment for syphilis, seek the consent of the pregnant woman to begin such treatment and, if such consent is obtained, commence treatment; or

      (b) If the physician, physician assistant, advanced practice registered nurse, other person, non-hospital medical facility, emergency department or labor and delivery unit is not capable of providing treatment for syphilis, seek the consent of the pregnant woman to refer her for such treatment and, if such consent is obtained, issue the referral.

      [6.]7.  If the pregnant woman objects to the taking of the sample of blood or the serological , rapid or point-of-care test [, the] :

      (a) The sample must not be taken and the test must not be performed [.] ; and

      (b)The provider of health care attending to the woman shall ensure that any refusal is documented in her medical records.

      8.  Except as otherwise provided in subsection 9, a non-hospital medical facility and a hospital with an emergency department or labor and delivery unit shall develop a policy to ensure compliance with this section and recommendations of the American College of Obstetricians and Gynecologists, or its successor organization, to the extent that those recommendations do not conflict with this section, concerning best practices for prenatal screenings and tests.

 


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recommendations do not conflict with this section, concerning best practices for prenatal screenings and tests. The policy must include, without limitation, procedures:

      (a) For documenting refusals to any service or testing offered by the non-hospital medical facility, emergency department or labor and delivery unit; and

      (b) To ensure compliance with NRS 441A.150.

      9.  A rural clinic that is owned, operated or administered by the Department or any political subdivision of this State, including, without limitation, a city, county, city board of health, county board of health or district board of health, is exempt from the requirements of paragraph (c) of subsection 1 and subsection 8.

      [7.]10.  As used in this section, “non-hospital medical facility” means:

      (a) A freestanding birthing center;

      (b) An independent center for emergency medical care, as defined in NRS 449.013;

      (c) A psychiatric hospital, as defined in NRS 449.0165;

      (d) A rural clinic, as defined in NRS 449.0175;

      (e) A facility for modified medical detoxification, as defined in NRS 449.00385;

      (f) A mobile unit, as defined in NRS 449.01515; and

      (g) A community triage center, as defined in NRS 449.0031.

      Sec. 2. 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, 442.010, 449.029 to 449.245, inclusive, or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, 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 439A.102 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, including, without limitation, the closure or conversion of any hospital in a county whose population is 100,000 or more that is owned by the licensee without approval pursuant to NRS 439A.102.

      (f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.

      (g) Violation of the provisions of NRS 458.112.

      (h) Failure to comply with the provisions of NRS 449A.170 to 449A.192, inclusive, and any regulation adopted pursuant thereto.

 


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      (i) Violation of the provisions of NRS 629.260.

      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. 3. NRS 449.163 is hereby amended to read as follows:

      449.163  1.  In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision related to its licensure, including any provision of NRS 439B.410 , 442.010 or 449.029 to 449.2428, inclusive, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

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

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

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

      (d) Except where a greater penalty is authorized by subsection 2, impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and

 


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

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

             (2) Improvements are made to correct the violation.

      2.  If an off-campus location of a hospital fails to obtain a national provider identifier that is distinct from the national provider identifier used by the main campus and any other off-campus location of the hospital in violation of NRS 449.1818, the Division may impose against the hospital an administrative penalty of not more than $10,000 for each day of such failure, together with interest thereon at a rate not to exceed 10 percent per annum, in addition to any other action authorized by this chapter.

      3.  If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1 or subsection 2, the Division may:

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

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

      4.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 or subsection 2 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

      Sec. 3.5. NRS 422.27173 is hereby amended to read as follows:

      422.27173  1.  The Director shall include in the State Plan for Medicaid a requirement that the State must pay the nonfederal share of expenditures incurred for:

      [1.](a) Testing for and the treatment and prevention of sexually transmitted diseases, including, without limitation, Chlamydia trachomatis, gonorrhea, syphilis, human immunodeficiency virus and hepatitis B and C, for all recipients of Medicaid, regardless of age. Services covered pursuant to this section must include, without limitation, the examination of a pregnant woman for the discovery of:

      [(a)](1) Chlamydia trachomatis, gonorrhea, hepatitis B and hepatitis C in accordance with NRS 442.013.

      [(b)](2) Syphilis in accordance with NRS 442.010.

      [2.](b) Condoms for recipients of Medicaid.

      2.  To the extent federal financial participation is available, the Director shall provide reimbursement for rapid or point-of-care testing for syphilis in accordance with NRS 442.010 separately from the rate of reimbursement provided for other prenatal care provided to the pregnant woman at the time of the testing.

 


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      3.  The Department shall:

      (a) Apply to the Secretary of Health and Human Services for any waiver of federal law or apply for any amendment of the State Plan for Medicaid that is necessary for the Department to receive federal funding to provide the coverage described in subsections 1 and 2.

      (b) Fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to paragraph (a).

      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, 2026, for all other purposes.

________

CHAPTER 127, AB 365

Assembly Bill No. 365–Committee on Education

 

CHAPTER 127

 

[Approved: May 30, 2025]

 

AN ACT relating to cannabis; repealing provisions requiring the University of Nevada, Reno, School of Medicine to establish a program for the evaluation and research of the medical use of cannabis in the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the University of Nevada, Reno, School of Medicine to establish a program for the evaluation and research of the medical use of cannabis for the care and treatment of persons who have been diagnosed with a chronic or debilitating medical condition. (NRS 678C.700) Section 2 of this bill repeals this requirement and certain related provisions. Section 1 of this bill makes a conforming change by removing a reference to a provision repealed by section 2.

 

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 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.

 


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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, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 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, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 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, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 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, 293.909, 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, 353D.250, 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, 396.9685, 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, 427A.940, 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, 439.5282, 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, 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, 604D.500, 604D.600, 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, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 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, 633.427, 633.4715, 633.4716, 633.

 


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ê2025 Statutes of Nevada, Page 707 (CHAPTER 127, AB 365)ê

 

630.2673, 630.2687, 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, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 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, 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, 670B.680, 671.365, 671.415, 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, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

      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

 


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ê2025 Statutes of Nevada, Page 708 (CHAPTER 127, AB 365)ê

 

      (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. 2. NRS 678C.700, 678C.710, 678C.720 and 678C.730 are hereby repealed.

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CHAPTER 128, AB 380

Assembly Bill No. 380–Assemblymembers Edgeworth; Dalia, D’Silva, González, Gray, Hibbetts, Hunt, Jackson, Koenig, Moore, Nadeem, Nguyen and Yurek

 

Joint Sponsor: Senator Steinbeck

 

CHAPTER 128

 

[Approved: May 30, 2025]

 

AN ACT relating to behavioral health; revising requirements governing mobile crisis teams that may be established to provide community-based intervention services to certain persons experiencing a behavioral health crisis; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law establishes the National Suicide Prevention Lifeline program, including the establishment of a national suicide prevention and mental health crisis hotline that may be accessed by dialing the digits 9-8-8. (42 U.S.C. § 290bb-36c) Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to encourage the establishment of and, to the extent that money is available, establish mobile crisis teams to provide community-based intervention for persons who are considering suicide or otherwise in a behavioral health crisis and who access the 9-8-8 hotline. Existing law requires such a mobile crisis team to: (1) be based in the jurisdiction that the team serves and consist of persons professionally qualified in the field of behavioral health and providers of peer recovery support services; (2) be established by a provider of emergency medical services and consist of persons professionally qualified in the field of behavioral health and providers of peer recovery support services; or (3) be established by a law enforcement agency and include law enforcement agents, persons professionally qualified in the field of psychiatric mental health and providers of peer recovery support services. (NRS 433.704)

 


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ê2025 Statutes of Nevada, Page 709 (CHAPTER 128, AB 380)ê

 

      This bill removes requirements concerning the location of a mobile crisis team and who may establish a mobile crisis team. This bill also revises the composition of a mobile crisis team to require that any mobile crisis team established by or with the support of the Division consist of: (1) one or more persons who are professionally qualified in the field of behavioral health; and (2) one or more law enforcement officers, providers of emergency medical services or persons with appropriate expertise in the field of behavioral health, such as a community health worker, a provider of case management services, a provider of peer recovery support services or a similar paraprofessional.

 

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 433.704 is hereby amended to read as follows:

      433.704  1.  The Division shall support the implementation of a hotline for persons who are considering suicide or otherwise in a behavioral health crisis that may be accessed by dialing the digits 9-8-8 by:

      (a) Establishing at least one support center that meets the requirements of NRS 433.706 to answer calls to the hotline and coordinate the response to persons who access the hotline;

      (b) Encouraging the establishment of and, to the extent that money is available, establishing mobile crisis teams to provide community-based intervention, including, without limitation, de-escalation and stabilization, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline;

      (c) Participating in any collection of information by the Federal Government concerning the National Suicide Prevention Lifeline program;

      (d) Collaborating with the National Suicide Prevention Lifeline program and the Veterans Crisis Line program established pursuant to 38 U.S.C. § 1720F(h) to ensure consistent messaging to the public about the hotline;

      (e) Supporting the provision of crisis stabilization services at hospitals that hold endorsements as crisis stabilization centers pursuant to NRS 449.0915; and

      (f) Adopting any regulations necessary to carry out the provisions of NRS 433.702 to 433.710, inclusive, including, without limitation:

             (1) Regulations establishing the qualifications of providers of services who are involved in responding to persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline;

             (2) Any regulations necessary to allow for communication and sharing of information between persons and entities involved in responding to crises and emergencies in this State to facilitate the coordination of care for persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline; and

             (3) Regulations defining the term “person professionally qualified in the field of behavioral health” for the purposes of this section.

      2.  A mobile crisis team established pursuant to paragraph (b) of subsection 1 must [be:

      (a) A team based in the jurisdiction that it serves which includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services;

 


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ê2025 Statutes of Nevada, Page 710 (CHAPTER 128, AB 380)ê

 

      (b) A team established by a provider of emergency medical services that includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services; or

      (c) A team established by a law enforcement agency that includes law enforcement officers, persons professionally qualified in the field of psychiatric mental health and providers of peer recovery support services.] consist of:

      (a) One or more persons professionally qualified in the field of behavioral health; and

      (b) One or more:

             (1) Law enforcement officers;

             (2) Providers of emergency medical services; or

             (3) Persons with appropriate expertise in the field of behavioral health, which may include, without limitation, a community health worker, a provider of case management services, a provider of peer recovery support services or a similar paraprofessional.

      3.  A telecommunications provider and its employees, agents, subcontractors and suppliers are not liable for damages that directly or indirectly result from the installation, maintenance or provision of service in relation to the hotline implemented pursuant to this section, including, without limitation, the total or partial failure of any transmission to a support center, unless willful conduct or gross negligence is proven.

      4.  As used in this section [, “peer] :

      (a) “Case management services” means medical or other health care management services to assist patients and providers of health care, including, without limitation, identifying and facilitating additional resources and treatments, providing information about treatment options and facilitating communication between providers of services to a patient.

      (b) “Community health worker” has the meaning ascribed to it in NRS 449.0027.

      (c) “Peer recovery support services” means nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems.

      (d) “Provider of emergency medical services” means a person who is:

             (1) Licensed as an attendant or certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS; or

             (2) Authorized to practice as an emergency medical technician, advanced emergency medical technician or paramedic in this State under the Recognition of Emergency Medical Services Personnel Licensure Compact ratified by NRS 450B.145.

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ê2025 Statutes of Nevada, Page 711ê

 

CHAPTER 129, AB 407

Assembly Bill No. 407–Assemblymember Brown-May

 

CHAPTER 129

 

[Approved: May 30, 2025]

 

AN ACT relating to trade practices; requiring an original equipment manufacturer of certain equipment designed for a person with a physical disability to make available certain documentation, parts and tools for the diagnosis, maintenance or repair of the equipment; prohibiting an original equipment manufacturer from engaging in certain acts; exempting an original equipment manufacturer from liability for certain damage or injuries under certain circumstances; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law regulates trade practices and other commercial activities. (Title 52 of NRS) Section 26 of this bill: (1) requires an original equipment manufacturer of equipment, which is defined by section 7.5 of this bill to mean a mobility device designed for a person with a physical disability, including, without limitation, a powered wheelchair, manual wheelchair, mobility scooter or power assist device for a manual wheelchair, to make available to any independent repair provider or owner of the equipment, on fair and reasonable terms, certain documentation, parts and tools required for the diagnosis, maintenance or repair of the equipment; and (2) sets forth the circumstances under which documentation, parts and tools are made available on fair and reasonable terms. Section 3 of this bill defines “authorized repair provider” to mean a person operating in this State who is not affiliated with an original equipment manufacturer and who has an arrangement with an original equipment manufacturer to use a proprietary identifier of the original equipment manufacturer to offer the services of diagnosis, maintenance or repair of the manufacturer’s equipment. Section 8 of this bill defines “independent repair provider” to mean: (1) a person operating in this State who is engaged in the services of diagnosis, maintenance or repair of equipment and who does not have an arrangement with an original equipment manufacturer as an authorized repair provider; or (2) an original equipment manufacturer or an authorized repair provider of such a manufacturer who engages in the services of diagnosis, maintenance or repair of equipment that is not manufactured, sold or supplied by the manufacturer.

      Section 25 of this bill provides that an original equipment manufacturer is considered an authorized repair provider if, in the regular course of business, the original equipment manufacturer offers to an owner the services of diagnosis, maintenance or repair of its own equipment.

      Section 28 of this bill prohibits an original equipment manufacturer from: (1) retaliating against an authorized repair provider for providing or selling, or hindering the ability of an authorized repair provider to provide or sell, documentation, parts or tools pursuant to the provisions of this bill; or (2) conditioning or imposing an obligation or restriction that is not reasonably necessary to enable an independent repair provider or owner of equipment to diagnose, maintain or repair equipment. Section 28 also prohibits an original equipment manufacturer from using certain mechanisms to: (1) prevent an independent repair provider or an owner from installing or enabling the function of an otherwise functional replacement part or component of equipment; (2) reduce the functionality or performance of equipment; or (3) cause equipment to display misleading alerts or warnings about unidentified parts which the owner cannot immediately dismiss.

 


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ê2025 Statutes of Nevada, Page 712 (CHAPTER 129, AB 407)ê

 

      Section 30 of this bill sets forth certain limitations on the construction of the provisions of this bill. Section 31 of this bill exempts an original equipment manufacturer and authorized repair provider from liability for damage or injury caused to any equipment, person or property which occurs as a result of the diagnosis, maintenance, repair or modification of equipment performed by an owner or independent repair provider.

      Section 32.5 of this bill provides that a violation of the provisions of this bill constitutes a deceptive trade practice, thereby subjecting a person who commits such a violation to certain civil and criminal penalties.

      Sections 3-22 of this bill define various terms for the purposes of this bill.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 597 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 32.5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 32.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 to 22, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. “Authorized repair provider” means:

      1.  A person operating in this State who is not affiliated with an original equipment manufacturer and who has an arrangement with an original equipment manufacturer under which the original equipment manufacturer grants to the person a license to use a trade name, service mark or other proprietary identifier for the purposes of offering the services of diagnosis, maintenance or repair of equipment under the name of the original equipment manufacturer or other arrangement with the original equipment manufacturer to offer such services on behalf of the original equipment manufacturer; or

      2.  An original equipment manufacturer who is considered an authorized repair provider pursuant to section 25 of this act.

      Sec. 4. “Authorized third-party provider” means a person who is not affiliated with an original equipment manufacturer and who has an arrangement with an original equipment manufacturer under which the original equipment manufacturer grants to the person a license to use a trade name, service mark or other proprietary identifier for the purposes of distributing documentation, parts, embedded software, firmware or tools.

      Sec. 5. “Diagnosis” means the process of attempting to identify the issue or issues that cause equipment not to be in fully working order.

      Sec. 6.  (Deleted by amendment.)

      Sec. 7. “Documentation” means any manual, diagram, procedure for the performance of maintenance, functional diagram, wiring diagram, reporting of output, description of a code for required service, schematic for a circuit board, security code, password, training material, information for troubleshooting, list of parts, list of tools or other guidance or information that enables a person to diagnose, maintain, repair or update equipment.

      Sec. 7.2. “Embedded software” means programmable instructions provided on firmware delivered with an electronic component of equipment or with any part for the purpose of restoring or improving the operation of the equipment or part and includes, without limitation, all relevant patches and fixes that the original equipment manufacturer makes to equipment or to any part for the purpose of restoring or improving the equipment or part.

 


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ê2025 Statutes of Nevada, Page 713 (CHAPTER 129, AB 407)ê

 

and fixes that the original equipment manufacturer makes to equipment or to any part for the purpose of restoring or improving the equipment or part.

      Sec. 7.5. “Equipment” means a mobility device designed for a person with a physical disability, including, without limitation, a powered wheelchair, manual wheelchair, mobility scooter or power assist device for a manual wheelchair.

      Sec. 7.8. “Firmware” means a software program or set of instructions programmed on equipment or a part to allow the equipment or part to communicate with itself or with other computer hardware.

      Sec. 8. “Independent repair provider” means:

      1.  A person operating in this State who:

      (a) Is engaged in the business of providing the services of diagnosis, maintenance or repair of equipment;

      (b) Does not have an arrangement described in subsection 1 of section 3 of this act; and

      (c) Is not affiliated with an authorized repair provider.

      2.  An original equipment manufacturer or an authorized repair provider who has an arrangement described in subsection 1 of section 3 of this act with an original equipment manufacturer who engages in the services of diagnosis, maintenance or repair of equipment that is not manufactured by or on behalf of or sold or supplied by the original equipment manufacturer.

      Sec. 9. “Maintenance” means any act necessary to keep equipment that is currently working in fully working order.

      Sec. 10. “Manual wheelchair” means a wheeled mobility device that is a chair than can either be propelled by the user or pushed by another person.

      Sec. 11. “Mobility scooter” means an electric personal transporter that is used as a mobility aid for a person who needs assistance with walking or moving from one place to another.

      Sec. 12. “Modification” or “modify” means any alteration to equipment that is not maintenance or a repair.

      Secs. 13-15.  (Deleted by amendment.)

      Sec. 16. “Original equipment manufacturer” means a person who, in the normal course of business, is engaged in the selling or leasing of equipment manufactured by or on behalf of the person to any other person in this State.

      Sec. 17. “Owner” means a person who owns or leases equipment purchased or used in this State.

      Sec. 17.5. “Pair a part” or “parts pairing” means the practice by a manufacturer of using software to identify component parts through a unique identifier.

      Sec. 18.  “Part” means any replacement part or assembly of parts, either new or used, made available by an original equipment manufacturer for the purposes of effecting the diagnosis, maintenance or repair of equipment manufactured or sold by the original equipment manufacturer.

      Sec. 18.5. “Power assist device” means a device which is attached to a manual wheelchair to enable the user to propel the wheelchair with the expenditure of less effort.

 


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ê2025 Statutes of Nevada, Page 714 (CHAPTER 129, AB 407)ê

 

      Sec. 19. “Powered wheelchair” means a self-propelled vehicle, including a three-wheeled vehicle, designed for and used by a person with a disability or a barrier to personal mobility.

      Sec. 20. “Repair” means any act necessary to restore equipment to fully working order.

      Sec. 21. “Tool” means any software program, hardware implement or other apparatus used for the diagnosis, maintenance or repair of equipment, including, without limitation, software or other mechanism that provides or calibrates functionality, program, pair a part or perform any other function required to diagnose, maintain, repair or update the original equipment or part to keep the equipment or part in, or return the equipment or part to, fully functional condition.

      Sec. 22. “Trade secret” has the meaning ascribed to it in NRS 600A.030.

      Secs. 23 and 24.  (Deleted by amendment.)

      Sec. 25. For the purposes of sections 2 to 32.5, inclusive, of this act, an original equipment manufacturer who, in the regular course of business, offers to an owner the services of diagnosis, maintenance or repair of its own equipment shall be considered an authorized repair provider with respect to such equipment.

      Sec. 26. 1.  An original equipment manufacturer shall make available to any independent repair provider or owner of equipment manufactured by the original equipment manufacturer, on fair and reasonable terms, any documentation, parts and tools that are intended for use with the equipment or any part, including, without limitation, updates to embedded software, firmware or other documentation, parts and tools. The documentation, parts and tools described in this subsection must be made available to an independent repair provider or owner of equipment manufactured by the original equipment manufacturer, either:

      (a) Directly by the original equipment manufacturer; or

      (b) Indirectly, through an authorized repair provider or authorized third-party provider.

      2.  For the purposes of subsection 1, with respect to an original equipment manufacturer who has an arrangement with an authorized repair provider described in subsection 1 of section 3 of this act:

      (a) Documentation is made available by the original equipment manufacturer on fair and reasonable terms if the documentation, including, without limitation, any relevant updates, is made available free of charge, except that, if the documentation is requested in physical printed form, a charge may be imposed for the reasonable, actual costs of preparing and sending the documentation.

      (b) A part is made available by the original equipment manufacturer on fair and reasonable terms if:

             (1) The part is made available at a cost and on terms that are equivalent to the most fair and reasonable costs and terms under which the original equipment manufacturer offers the part to an authorized repair provider, accounting for any discount, rebate, convenient and timely means of delivery, means of enabling fully restored and updated functionality, rights of use or any other incentive or preference the original equipment manufacturer offers to an authorized repair provider; and

             (2) The availability of the part is not conditioned on and does not impose a substantial obligation to use or restrict the use of the part to diagnose, maintain or repair the equipment sold, leased or otherwise supplied by the original equipment manufacturer.

 


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ê2025 Statutes of Nevada, Page 715 (CHAPTER 129, AB 407)ê

 

diagnose, maintain or repair the equipment sold, leased or otherwise supplied by the original equipment manufacturer.

      (c) A tool is made available by the original equipment manufacturer on fair and reasonable terms if the tool is made available:

             (1) Without imposing impediments to access to or the use of the tools to diagnose, maintain or repair the equipment and enable full functionality of the equipment;

             (2) In a manner that does not impair the efficient and cost-effective performance of diagnosis, maintenance or repair of the equipment; and

             (3) Free of charge, except that, if the tool is requested in physical form, a charge may be imposed for the reasonable, actual costs of preparing and sending the tool.

      3.  For the purposes of subsection 1, with respect to an original equipment manufacturer who does not have an arrangement with an authorized repair provider described in subsection 1 of section 3 of this act, documentation, a part or a tool is made available by the original equipment manufacturer on fair and reasonable terms if the documentation, part or a tool is made available at a price that reflects the actual cost incurred by the original equipment manufacturer to prepare and deliver the documentation, part or tool, not including any research or development costs.

      Sec. 27.  (Deleted by amendment.)

      Sec. 28. An original equipment manufacturer shall not:

      1.  Retaliate against an authorized repair provider for providing or selling, or hinder the ability of an authorized repair provider to provide or sell, as applicable, documentation, parts or tools pursuant to sections 2 to 32.5, inclusive, of this act through any means, including, without limitation, by imposing a restriction on advertising or a limitation on an allocation of a product that is not related to a legitimate shortage of that product;

      2.  Condition or impose an obligation or restriction that is not reasonably necessary to enable an independent repair provider or owner to diagnose, maintain or repair equipment made by or on behalf of the original equipment manufacturer; or

      3.  Use parts pairing or any other mechanism to:

      (a) Prevent or inhibit an independent repair provider or an owner from installing or enabling the function of an otherwise functional replacement part or a component of equipment, including, without limitation, a replacement part or a component that the original equipment manufacturer has not approved;

      (b) Reduce the functionality or performance of equipment; or

      (c) Cause equipment to display misleading alerts or warnings about unidentified parts which the owner cannot immediately dismiss.

      Sec. 29.  (Deleted by amendment.)

      Sec. 30. Nothing in sections 2 to 32.5, inclusive, of this act shall be construed to:

      1.  Require an original equipment manufacturer to divulge any trade secret to any independent repair provider or owner except as necessary to provide documentation, parts or tools on fair and reasonable terms and costs.

 


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ê2025 Statutes of Nevada, Page 716 (CHAPTER 129, AB 407)ê

 

      2.  Alter the terms of any arrangement described in subsection 1 of section 3 of this act in force between an original equipment manufacturer and an authorized repair provider, including, without limitation, the performance or provision of work in the form of repairs pursuant to warranty or recall by an authorized repair provider on behalf of an original equipment manufacturer pursuant to the arrangement, except that any provision in such terms that purports to waive, avoid, restrict or limit the obligations of the original equipment manufacturer to comply with sections 2 to 32.5, inclusive, of this act is void and unenforceable.

      3.  Require an original equipment manufacturer or an authorized repair provider to provide to an independent repair provider or owner access to information, other than documentation, that is provided by the original equipment manufacturer to an authorized repair provider pursuant to the terms of an arrangement described in subsection 1 of section 3 of this act.

      4.  Require an original equipment manufacturer to sell a part that is required or used to service equipment if the part is no longer made available to an authorized service provider by the original equipment manufacturer.

      5.  Prevent an original equipment manufacturer from establishing reasonable programs for the training or certification of independent repair providers, except that an original equipment manufacturer shall not require an independent repair provider to complete any such program for training or certification as a condition to be entitled to any of the rights granted under sections 2 to 32.5, inclusive, of this act.

      Sec. 31. An original equipment manufacturer or authorized repair provider is not liable for any damage or injury caused to any equipment, person or property, including, without limitation, any:

      1.  Indirect, incidental, special or consequential damages;

      2.  Loss of data, privacy or profits; or

      3.  Inability to use or reduced functionality of equipment,

Ê which occurs as a result of the diagnosis, maintenance, repair or modification of equipment performed by an independent repair provider or owner.

      Sec. 32.  (Deleted by amendment.)

      Sec. 32.5. A violation of the provisions of sections 2 to 32.5, inclusive, of this act constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive.

      Sec. 33.  This act becomes effective upon passage and approval.

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ê2025 Statutes of Nevada, Page 717ê

 

CHAPTER 130, AB 429

Assembly Bill No. 429–Committee on Natural Resources

 

CHAPTER 130

 

[Approved: May 30, 2025]

 

AN ACT relating to natural resources; providing, with certain exceptions, that any person is authorized to perform certain actions relating to an easement for conservation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes, with certain exceptions, an easement for conservation to be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected in the same manner as other easements. (NRS 111.420) This bill instead provides that any person, including a state or local government or any agency or instrumentality thereof, is authorized to create, convey, record, assign, release, reserve, modify, terminate or otherwise alter or affect an easement for conservation in the same manner as other easements.

 

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 111.420 is hereby amended to read as follows:

      111.420  1.  Except as otherwise provided in NRS 111.390 to 111.440, inclusive, [an] any person, including, without limitation, a state or local government or any agency or instrumentality thereof, may create, convey, record, assign, release, reserve, modify, terminate or otherwise alter or affect an easement for conservation [may be created, conveyed, recorded, assigned, released, modified, terminated or otherwise altered or affected] in the same manner as other easements.

      2.  No right or duty in favor of or against a holder and no right of enforcement in favor of a third person arises under an easement for conservation before it is accepted by the holder and the acceptance is recorded.

      3.  An easement for conservation is unlimited in duration unless:

      (a) The instrument creating it otherwise provides; or

      (b) A court orders that the easement be terminated or modified, according to subsection 2 of NRS 111.430.

      4.  An interest in real property existing at the time the easement for conservation is created is not impaired by the easement unless the owner of the interest is a party to the easement or consents to it.

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ê2025 Statutes of Nevada, Page 718ê

 

CHAPTER 131, AB 484

Assembly Bill No. 484–Committee on Health and Human Services

 

CHAPTER 131

 

[Approved: May 30, 2025]

 

AN ACT relating to health care; revising the data that is collected concerning providers of health care in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Health and Human Services to establish and maintain a database comprising information collected through an electronic data request from certain applicants for the renewal of a license, certificate or registration as a provider of health care. (NRS 439A.116) The information collected from each such applicant must include the locations in the State where the applicant practices, the setting in which the applicant practices and the percentage of time that the applicant engages in patient care. (NRS 439A.116) Existing law: (1) requires certain licensing boards that license, certify or register providers of health care to request that an applicant for renewal of a license, certificate or registration complete and submit the data request to the Director; and (2) authorizes other such licensing boards and certain governmental agencies that license such persons to request that such an applicant complete and submit the data request to the Director. (NRS 450B.805, 630.2671, 630A.327, 631.332, 632.3423, 633.4716, 634.1303, 634A.169, 635.111, 636.262, 637.145, 637B.192, 639.183, 640.152, 640A.185, 640B.405, 640D.135, 640E.225, 641.2215, 641A.217, 641B.281, 641C.455, 652.126) Section 1 of this bill requires the Director to additionally collect from applicants for the renewal of a license, certificate or registration and include in the database the following information: (1) the sex of the applicant; (2) any other jurisdiction where the applicant holds the same type of license, certificate or registration that the applicant is currently renewing; (3) whether the applicant utilizes telehealth; and (4) the types of patients whom the applicant serves.

 

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 439A.116 is hereby amended to read as follows:

      439A.116  1.  The Director shall establish and maintain a database of information collected from applicants for the renewal of a license, certificate or registration as a provider of health care. The information in the database must include, for each applicant from whom such information is collected:

      (a) The type of license, certificate or registration held by the applicant;

      (b) The race and ethnicity of the applicant;

      (c) The sex of the applicant;

      (d) The primary language spoken by the applicant;

      [(d)](e) The specialty area in which the applicant practices;

      [(e)](f) Any other jurisdiction where the applicant holds the same type of license, certificate or registration that the applicant is currently renewing;

      (g) The county of this State in which the applicant spends the majority of his or her working hours;

 


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ê2025 Statutes of Nevada, Page 719 (CHAPTER 131, AB 484)ê

 

      [(f)](h) The address of each location at which the applicant practices or intends to practice and the percentage of working hours spent by the applicant at each location;

      [(g)](i) The type of practice in which the applicant engages, including, without limitation, individual private practice, group private practice, multispecialty group private practice, government or nonprofit;

      [(h)](j) The settings in which the applicant practices, including, without limitation, hospitals, clinics and academic settings;

      [(i)](k) Whether the applicant utilizes telehealth, as defined in NRS 629.515, in his or her practice;

      (l) The education and primary and secondary specialties of the applicant;

      [(j)](m) The average number of hours worked per week by the applicant and the total number of weeks worked by the applicant during the immediately preceding calendar year;

      [(k)](n) The percentages of working hours during which the applicant engages in patient care and other activities, including, without limitation, teaching, research and administration;

      [(l)](o) The types of patients whom the applicant serves, including, without limitation, newborns, children, adolescents, adults, senior citizens, pregnant persons, veterans, incarcerated persons, persons with disabilities, persons who speak a language other than English, persons who are recipients of Medicaid or Medicare and persons who pay on a sliding fee scale;

      (p) Any planned major changes to the practice of the applicant within the immediately following 5 years, including, without limitation, retirement, relocation or significant changes in working hours; and

      [(m)](q) Any other information prescribed by regulation of the Director.

      2.  The Director shall develop and make available to each professional licensing board that licenses, certifies or registers providers of health care an electronic data request that solicits the information described in subsection 1 from an applicant for the renewal of such a license, certificate or registration.

      3.  Except as otherwise provided in this subsection, information included in the database is confidential and not a public record. The Director shall:

      (a) Take all necessary measures to ensure the confidentiality of the identity of providers of health care to whom information in the database pertains, including, without limitation, measures to ensure that the identity of a provider of health care is not ascertainable due to his or her reported profession or the reported location at which he or she practices.

      (b) Make data from the database that does not contain any information that could be used to identify an applicant for or the holder of a license, certificate or registration as a provider of health care available to the Working Group. The Working Group may use such data to support the recommendations made pursuant to NRS 439A.121 or include such data in any report published pursuant to that section.

      (c) Publish an annual report of data from the database that does not contain any information that could be used to identify an applicant for or holder of a license, certificate or registration as a provider of health care.

      (d) Analyze the data in the database and make periodic reports to the Legislature, the Department and other agencies of the Executive Branch of the State Government concerning ways in which to:

 


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ê2025 Statutes of Nevada, Page 720 (CHAPTER 131, AB 484)ê

 

             (1) Attract more persons, including, without limitation, members of underrepresented groups, to pursue the education necessary to practice as a provider of health care and practice as a provider of health care in this State; and

             (2) Improve health outcomes and public health in this State.

      Sec. 2.  1.  This section becomes effective upon passage and approval.

      2.  Section 1 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 January 1, 2026, for all other purposes.

________

CHAPTER 132, AB 277

Assembly Bill No. 277–Assemblymembers DeLong and Gurr

 

CHAPTER 132

 

[Approved: May 30, 2025]

 

AN ACT relating to taxation; authorizing the Department of Taxation to disclose certain confidential information relating to the taxation of the net proceeds of minerals extracted in this State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Department of Taxation, which has various powers and duties related to the administration and collection of certain taxes, fees, assessments and other amounts of money and the imposition of disciplinary actions. (Chapter 360 of NRS) Existing law makes confidential and privileged the records and files of the Department concerning the administration and collection of those taxes, fees, assessments and other amounts and the imposition of disciplinary action, but authorizes the disclosure of such records and files under certain circumstances. (NRS 360.255) Existing law provides for the taxation of the net proceeds of minerals extracted in this State based upon the actual net proceeds from the preceding calendar year. (NRS 362.100-362.240) Existing law requires the Department to investigate and determine the net proceeds of all minerals extracted. (NRS 362.100) In making the investigation and determination, existing law requires the Department to compute the gross yield and net proceeds of the extraction of all minerals using all obtainable data, evidence and reports, including a certain statement required to be filed by every person extracting any mineral in this State or receiving any royalty. (NRS 362.110, 362.120) This bill authorizes the disclosure of the records and files of the Department concerning the administration and collection of certain taxes, fees, assessments and other amounts and the imposition of disciplinary action related to the computation of the gross yield and net proceeds of the extraction of all minerals in this State.

 

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 360.255 is hereby amended to read as follows:

      360.255  1.  Except as otherwise provided in this section and NRS 239.0115, 360.250 and 607.217, the records and files of the Department concerning the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are confidential and privileged.

 


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ê2025 Statutes of Nevada, Page 721 (CHAPTER 132, AB 277)ê

 

concerning the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are confidential and privileged. The Department, an employee of the Department and any other person engaged in the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action or charged with the custody of any such records or files:

      (a) Shall not disclose any information obtained from those records or files; and

      (b) May not be required to produce any of the records or files for the inspection of any person or governmental entity or for use in any action or proceeding.

      2.  The records and files of the Department concerning the administration and collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action are not confidential and privileged in the following cases:

      (a) Testimony by a member or employee of the Department and production of records, files and information on behalf of the Department or a person in any action or proceeding before the Nevada Tax Commission, the State Board of Equalization, the Department, a grand jury or any court in this State if that testimony or the records, files or information, or the facts shown thereby, are directly involved in the action or proceeding.

      (b) Delivery to a person or his or her authorized representative of a copy of any document filed by the person pursuant to the provisions of any law of this State.

      (c) Publication of statistics so classified as to prevent the identification of a particular business or document.

      (d) Exchanges of information with the Internal Revenue Service in accordance with compacts made and provided for in such cases, or disclosure to any federal agency, state or local law enforcement agency, including, without limitation, the Cannabis Compliance Board, or local regulatory agency that requests the information for the use of the agency in a federal, state or local prosecution or criminal, civil or regulatory investigation.

      (e) Disclosure in confidence to:

             (1) The Governor or his or her agent in the exercise of the Governor’s general supervisory powers;

             (2) The Budget Division of the Office of Finance for use in the projection of revenue;

             (3) Any person authorized to audit the accounts of the Department in pursuance of an audit;

             (4) The Attorney General or other legal representative of the State in connection with an action or proceeding relating to a taxpayer or licensee; or

             (5) Any agency of this or any other state charged with the administration or enforcement of laws relating to workers’ compensation, unemployment compensation, public assistance, taxation, labor or gaming.

      (f) Exchanges of information pursuant to an agreement between the Nevada Tax Commission and any county fair and recreation board or the governing body of any county, city or town.

      (g) Upon written request made by a public officer of a local government, disclosure of the name and address of a taxpayer or licensee who must file a return with the Department. The request must set forth the social security number of the taxpayer or licensee about which the request is made and contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government.

 


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ê2025 Statutes of Nevada, Page 722 (CHAPTER 132, AB 277)ê

 

contain a statement signed by the proper authority of the local government certifying that the request is made to allow the proper authority to enforce a law to recover a debt or obligation owed to the local government. Except as otherwise provided in NRS 239.0115, the information obtained by the local government is confidential and privileged and may not be used or disclosed for any purpose other than the collection of a debt or obligation owed to that local government. The Executive Director may charge a reasonable fee for the cost of providing the requested information.

      (h) Disclosure of information as to amounts of any unpaid tax or amounts of tax required to be collected, interest and penalties to successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested.

      (i) Disclosure of relevant information as evidence in an appeal by the taxpayer from a determination of tax due if the Nevada Tax Commission has determined the information is not proprietary or confidential in a hearing conducted pursuant to NRS 360.247.

      (j) Disclosure of the identity of a person and the amount of tax assessed and penalties imposed against the person at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the person a penalty for fraud or intent to evade a tax imposed by law becomes final or is affirmed by the Nevada Tax Commission.

      (k) Disclosure of the identity of a licensee against whom disciplinary action has been taken and the type of disciplinary action imposed against the licensee at any time after a determination, decision or order of the Executive Director or other officer of the Department imposing upon the licensee disciplinary action becomes final or is affirmed by the Nevada Tax Commission.

      (l) Disclosure of information pursuant to subsection 2 of NRS 370.257.

      (m) With respect to an application for a registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS, as that chapter existed on June 30, 2020, or a license to operate a marijuana establishment pursuant to chapter 453D of NRS, as that chapter existed on June 30, 2020, which was submitted on or after May 1, 2017, and on or before June 30, 2020, and regardless of whether the application was ultimately approved, disclosure of the following information:

             (1) The identity of an applicant, including, without limitation, any owner, officer or board member of an applicant;

             (2) The contents of any tool used by the Department to evaluate an applicant;

             (3) The methodology used by the Department to score and rank applicants and any documentation or other evidence showing how that methodology was applied; and

             (4) The final ranking and scores of an applicant, including, without limitation, the score assigned to each criterion in the application that composes a part of the total score of an applicant.

      (n) Disclosure of the name of a licensee and the jurisdiction of that licensee pursuant to chapter 453A or 453D of NRS, as those chapters existed on June 30, 2020, and any regulations adopted pursuant thereto.

      (o) Disclosure of information related to the computation by the Department of the gross yield and net proceeds for all minerals extracted in this State as provided in NRS 362.120.

 


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ê2025 Statutes of Nevada, Page 723 (CHAPTER 132, AB 277)ê

 

      3.  The Executive Director shall periodically, as he or she deems appropriate, but not less often than annually, transmit to the Administrator of the Division of Industrial Relations of the Department of Business and Industry a list of the businesses of which the Executive Director has a record. The list must include the mailing address of the business as reported to the Department.

      4.  The Executive Director may request from any other governmental agency or officer such information as the Executive Director deems necessary to carry out his or her duties with respect to the administration or collection of any tax, fee, assessment or other amount required by law to be collected or the imposition of disciplinary action. If the Executive Director obtains any confidential information pursuant to such a request, he or she shall maintain the confidentiality of that information in the same manner and to the same extent as provided by law for the agency or officer from whom the information was obtained.

      5.  As used in this section:

      (a) “Applicant” means any person listed on the application for a registration certificate to operate a medical marijuana establishment pursuant to chapter 453A of NRS, as that chapter existed on June 30, 2020, or a license to operate a marijuana establishment pursuant to chapter 453D of NRS, as that chapter existed on June 30, 2020.

      (b) “Disciplinary action” means any suspension or revocation of a license, registration, permit or certificate issued by the Department pursuant to this title or chapter 453A or 453D of NRS, as those chapters existed on June 30, 2020, or any other disciplinary action against the holder of such a license, registration, permit or certificate.

      (c) “Licensee” means a person to whom the Department has issued a license, registration, permit or certificate pursuant to this title or chapter 453A or 453D of NRS, as those chapters existed on June 30, 2020. The term includes, without limitation, any owner, officer or board member of an entity to whom the Department has issued a license.

      (d) “Records” or “files” means any records and files related to an investigation or audit or a disciplinary action, financial information, correspondence, advisory opinions, decisions of a hearing officer in an administrative hearing and any other information specifically related to a taxpayer or licensee.

      (e) “Taxpayer” means a person who pays any tax, fee, assessment or other amount required by law to the Department.

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ê2025 Statutes of Nevada, Page 724ê

 

CHAPTER 133, SB 241

Senate Bill No. 241–Committee on Judiciary

 

CHAPTER 133

 

[Approved: May 30, 2025]

 

AN ACT relating to juvenile justice; revising provisions limiting the period during which a juvenile court may place a child on probation; authorizing the juvenile court to terminate the probation of a child who has failed to make full restitution under certain circumstances; prescribing the procedure to be used by the juvenile court in determining whether to suspend, modify or revoke the probation of a child; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a juvenile court to place a child on probation under certain circumstances. With certain exceptions, existing law prohibits a juvenile court from placing a child on probation for a period of more than 18 months for each unlawful act for which the child is adjudicated delinquent, placed under the supervision of the juvenile court or placed under informal supervision. (NRS 62E.708) Section 1 of this bill removes language that ties the period during which a juvenile court may place a child on probation to each unlawful act for which the child is adjudicated delinquent. Section 1 thereby prohibits a juvenile court from placing a child on probation for a period of more than 18 months, regardless of the number of unlawful acts for which the child is adjudicated delinquent, unless an exception applies.

      Existing law authorizes the juvenile court to enter a civil judgment against a child or a parent or guardian of a child for any amount of restitution that remains unpaid after the time established by the juvenile court for its payment. (NRS 62B.420) Under existing law, the juvenile court retains jurisdiction over a child, parent or guardian against whom a civil judgment is entered, regardless of whether the period of probation of the child has been terminated. (NRS 62B.420, 62E.708) Section 1 authorizes the juvenile court to terminate the period of probation of a child who has failed to make full restitution but has otherwise fulfilled the conditions of his or her probation. If the juvenile court terminates the period of probation of a child who has failed to make full restitution pursuant to section 1, existing law authorizes the juvenile court to enter a civil judgment against the child or the parent or guardian of the child for the amount due in favor of the victim. (NRS 62B.420)

      Existing law prescribes the procedure to be used by the juvenile court in determining whether to suspend, modify or revoke the parole of a child who violates the terms and conditions of his or her parole. Under existing law, pursuant to this procedure, the juvenile court must: (1) hold a hearing to determine whether to suspend, modify or revoke the parole of the child; (2) render a decision within 10 days after the conclusion of the hearing; and (3) comply with certain other requirements. (NRS 63.770) Existing law authorizes the juvenile court to order a child who violates the terms of his or her probation to be placed in a facility for the detention of children or county jail for not more than 30 days for the violation. (NRS 62E.710) Section 2 of this bill establishes the procedure to be used by the juvenile court when a child violates the conditions of his or her probation which is similar to the procedure established for violations of parole. Section 2 thereby requires the juvenile court to hold a hearing before ordering a child who violates the conditions of his or her probation to be placed in a facility for the detention of children or county jail.

 


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ê2025 Statutes of Nevada, Page 725 (CHAPTER 133, SB 241)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 62E.708 is hereby amended to read as follows:

      62E.708  1.  A juvenile court may place a child on probation in accordance with the provisions of this section.

      2.  The juvenile court shall consider the report prepared by the department of juvenile services pursuant to NRS 62E.506 when determining whether to place a child on probation and the period of any such probation.

      3.  Except as otherwise provided in this section or as expressly authorized by specific statute or federal law:

      (a) A juvenile court shall not place a child on probation for a period of more than 18 months . [for each unlawful act for which] If the juvenile court adjudicates a child [is adjudicated delinquent, placed under the supervision of the juvenile court pursuant to a supervision and consent decree, or placed under informal supervision. The provisions of this paragraph do not apply to a violation] delinquent for more than one unlawful act at the same time, the terms of probation [or parole.] must run concurrently, not consecutively, for all unlawful acts for which the child is adjudicated delinquent.

      (b) A juvenile court may order one or more extensions of the probation of a child if the juvenile court finds, based on a preponderance of evidence presented at a hearing on the matter, that such an extension is advisable, considering the individualized case plan for the child developed pursuant to NRS 62E.507. Except as otherwise authorized by specific statute or federal law, no single extension of the probation of a child may be for a period of more than 6 months.

      (c) A juvenile court may not extend the probation of any child if the extension results in the child being on probation for a total period of more than 36 months . [for each unlawful act for which the child is subject to the jurisdiction of the juvenile court, unless the act relates to a violation of the conditions of probation.]

      4.  A juvenile court may extend the probation of a child beyond the period prescribed by paragraph (c) of subsection 3 if the child, the parent or guardian of the child, the attorney for the child, the probation officer of the child and the district attorney agree to the extension.

      5.  Notice of any hearing by a juvenile court relating to the extension of the probation of a child must be given to the child, the parent or guardian of the child, the attorney for the child and the probation officer of the child.

      6.  At any hearing of a juvenile court relating to the extension of the probation of a child, the juvenile court must:

      (a) Allow the parties a reasonable opportunity to present evidence and testimony; and

      (b) Consider the:

             (1) Report of the probation officer of the child relating to the issue of whether the juvenile court should extend the probation of the child;

             (2) Report prepared by the department of juvenile services pursuant to NRS 62E.506; and

             (3) Individualized case plan for the child developed pursuant to NRS 62E.507.

      7.  The period of probation of a child is tolled during any period in which a writ of attachment is issued for the child pursuant to NRS 62C.010.

 


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ê2025 Statutes of Nevada, Page 726 (CHAPTER 133, SB 241)ê

 

      8.  The juvenile court may terminate the period of probation of a child who has failed to make full restitution as ordered by the juvenile court but has otherwise fulfilled the conditions of his or her probation for the entire period of his or her probation. Any amount of restitution that remains unpaid by a child or a parent or guardian of a child after the termination of probation constitutes a civil liability, and the juvenile court retains jurisdiction over any civil judgment issued against the child or a parent or guardian of the child pursuant to NRS 62B.420.

      9.  Notwithstanding the termination of any period of probation ordered by the juvenile court, the juvenile court retains jurisdiction in accordance with the provisions of NRS 62B.420.

      10.  The provisions of this section do not apply to a violation of the conditions of probation. The juvenile court shall hold a hearing pursuant to NRS 62E.710 before suspending, modifying or revoking the probation of a child.

      Sec. 2. NRS 62E.710 is hereby amended to read as follows:

      62E.710  [The]

      1.  A petition may be filed with the juvenile court to request that the probation of a child be suspended, modified or revoked for a violation of the conditions of probation.

      2.  Pending a hearing, the juvenile court may:

      (a) Order that the child be held in a facility for the detention of children; or

      (b) If the child was previously committed to a regional facility for the detention of children, order that the child remain at the facility.

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

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

      5.  In determining whether to suspend, modify or revoke the probation of a child, the juvenile court shall consider:

      (a) The report prepared by the department of juvenile services pursuant to NRS 62E.506;

      (b) Any previous history of violations of the conditions of probation;

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

      (d) The previous responses by the child to past violations of the conditions of probation;

      (e) The status of any court order concerning the child; and

      (f) The extent to which the child has followed the requirements and expectations set forth in the case plan developed pursuant to NRS 62E.507.

      6.  Following the hearing, the juvenile court may order any child who is:

      [1.](a) Less than 18 years of age and who has been adjudicated delinquent and placed on probation by the juvenile court to be placed in a facility for the detention of children for not more than 30 days for the violation of probation.

      [2.](b) At least 18 years of age but less than 21 years of age and who has been placed on probation by the juvenile court or who has been released on parole to be placed in a county jail for not more than 30 days for the violation of probation or parole.

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ê2025 Statutes of Nevada, Page 727ê

 

CHAPTER 134, SB 273

Senate Bill No. 273–Committee on Government Affairs

 

CHAPTER 134

 

[Approved: May 30, 2025]

 

AN ACT relating to confidential information; authorizing certain civilian employees that provide support services to a law enforcement agency and certain firefighters or retired firefighters to request that certain personal information be kept in a confidential manner; authorizing such persons to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes certain persons to obtain a court order to require a county assessor, a county recorder, the Secretary of State or a city or county clerk to maintain the personal information of the person contained in the records of the county assessor, county recorder, Secretary of State or city or county clerk in a confidential manner. The person seeking the court order is required to submit to the court a sworn affidavit that, among other things, sets forth sufficient justification for the request for confidentiality. (NRS 247.530, 250.130, 293.906) The persons authorized to obtain such court orders include justices, judges, certain court personnel, peace officers or retired peace officers, county or city clerks or registrars of voters who perform tasks related to elections, prosecutors, public defenders, certain employees who perform tasks related to child welfare services or child protective services, county managers and certain employees who perform tasks related to code enforcement. Existing law also authorizes the spouse, domestic partner or minor child of any such person and the surviving spouse, domestic partner or minor child of any such person who was killed in the performance of his or her duties to obtain such court orders. (NRS 247.540, 250.140, 293.908) Sections 1-3 of this bill additionally authorize any civilian employee who provides support services to a law enforcement agency and any firefighter or retired firefighter to obtain such court orders.

      Existing law authorizes certain persons to request that the Department of Motor Vehicles display an alternate address on the person’s driver’s license, commercial driver’s license or identification card. (NRS 481.091) Section 4 of this bill additionally authorizes any civilian employee who provides support services to a law enforcement agency and any firefighter or retired firefighter to make such requests.

 

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 247.540 is hereby amended to read as follows:

      247.540  1.  The following persons may request that the personal information described in subsection 1, 2 or 3 of NRS 247.520 that is contained in the records of a county recorder be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of a court, court administrator or court executive officer in this State.

 


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ê2025 Statutes of Nevada, Page 728 (CHAPTER 134, SB 273)ê

 

      (e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by such county or city clerk or registrar of voters in the elections division of the county or city.

      (f) Any peace officer or retired peace officer.

      (g) Any firefighter or retired firefighter.

      (h) Any prosecutor.

      [(h)](i) Any state or county public defender.

      [(i)](j) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

      [(j)](k) Any person, including, without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      [(k)](l) Any county manager in this State.

      [(l)](m) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

             (1) Who possesses specialized training in code enforcement;

             (2) Who, as part of his or her normal job responsibilities, interacts with the public; and

             (3) Whose primary duties are the performance of tasks related to code enforcement.

      [(m)](n) Any civilian employee who provides support services to a law enforcement agency.

      (o) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(l),] (n), inclusive.

      [(n)](p) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(l),] (n), inclusive, who was killed in the performance of his or her duties.

      [(o)](q) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

      2.  Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 247.520 that is contained in the records of a county recorder be kept confidential.

      3.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

      (d) “Firefighter” means a person who is an employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires.

 


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ê2025 Statutes of Nevada, Page 729 (CHAPTER 134, SB 273)ê

 

      (e) “Firefighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

      (f) “Law enforcement agency” has the meaning ascribed to it in NRS 289.010.

      (g) “Peace officer” means:

             (1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and

             (2) Any person:

                   (I) Who resides in this State;

                   (II) Whose primary duties are to enforce the law; and

                   (III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

      [(e)](h) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

      [(f)](i) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 2. NRS 250.140 is hereby amended to read as follows:

      250.140  1.  The following persons may request that personal information described in subsection 1, 2 or 3 of NRS 250.120 that is contained in the records of a county assessor be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of a court, court administrator or court executive officer in this State.

      (e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by such county or city clerk or registrar of voters in the elections division of the county or city.

      (f) Any peace officer or retired peace officer.

      (g) Any firefighter or retired firefighter.

      (h) Any prosecutor.

      [(h)](i) Any state or county public defender.

      [(i)](j) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

      [(j)](k) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      [(k)](l) Any county manager in this State.

      [(l)](m) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

             (1) Who possesses specialized training in code enforcement;

             (2) Who, as part of his or her normal job responsibilities, interacts with the public; and

 


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ê2025 Statutes of Nevada, Page 730 (CHAPTER 134, SB 273)ê

 

             (3) Whose primary duties are the performance of tasks related to code enforcement.

      [(m)](n) Any civilian employee who provides support services to a law enforcement agency.

      (o) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(l),] (n), inclusive.

      [(n)](p) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(l),] (n), inclusive, who was killed in the performance of his or her duties.

      [(o)](q) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

      2.  Any nonprofit entity in this State that maintains a confidential location for the purpose of providing shelter to victims of domestic violence may request that the personal information described in subsection 4 of NRS 250.120 that is contained in the records of a county assessor be kept confidential.

      3.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

      (d) “Firefighter” means a person who is an employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires.

      (e) “Firefighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

      (f) “Law enforcement agency” has the meaning ascribed to it in NRS 289.010.

      (g) “Peace officer” means:

             (1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and

             (2) Any person:

                   (I) Who resides in this State;

                   (II) Whose primary duties are to enforce the law; and

                   (III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

      [(e)](h) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

      [(f)](i) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 3. NRS 293.908 is hereby amended to read as follows:

      293.908  1.  The following persons may request that personal information contained in the records of the Secretary of State or a county or city clerk be kept confidential:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

 


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ê2025 Statutes of Nevada, Page 731 (CHAPTER 134, SB 273)ê

 

      (d) Any clerk of a court, court administrator or court executive officer in this State.

      (e) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by such county or city clerk or registrar of voters in the elections division of the county or city.

      (f) Any peace officer or retired peace officer.

      (g) Any firefighter or retired firefighter.

      (h) Any prosecutor.

      [(h)](i) Any state or county public defender.

      [(i)](j) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

      [(j)](k) Any person, including without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      [(k)](l) Any county manager in this State.

      [(l)](m) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

             (1) Who possess specialized training in code enforcement;

             (2) Who, as part of his or her normal job responsibilities, interacts with the public; and

             (3) Whose primary duties are the performance of tasks related to code enforcement.

      [(m)](n) Any civilian employee who provides support services to a law enforcement agency.

      (o) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(l),] (n), inclusive.

      [(n)](p) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(l),] (n), inclusive, who was killed in the performance of his or her duties.

      2.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

      (d) “Firefighter” means a person who is an employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires.

      (e) “Firefighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

      (f) “Law enforcement agency” has the meaning ascribed to it in NRS 289.010.

      (g) “Peace officer” means:

             (1) Any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive; and

 


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ê2025 Statutes of Nevada, Page 732 (CHAPTER 134, SB 273)ê

 

             (2) Any person:

                   (I) Who resides in this State;

                   (II) Whose primary duties are to enforce the law; and

                   (III) Who is employed by a law enforcement agency of the Federal Government, including, without limitation, a ranger for the National Park Service and an agent employed by the Federal Bureau of Investigation, Secret Service, United States Department of Homeland Security or United States Department of the Treasury.

      [(e)](h) “Prosecutor” has the meaning ascribed to it in NRS 241A.030.

      [(f)](i) “Social worker” means any person licensed under chapter 641B of NRS.

      Sec. 4. NRS 481.091 is hereby amended to read as follows:

      481.091  1.  The following persons may request that the Department display an alternate address on the person’s driver’s license, commercial driver’s license or identification card:

      (a) Any justice or judge in this State.

      (b) Any senior justice or senior judge in this State.

      (c) Any court-appointed master in this State.

      (d) Any clerk of the court, court administrator or court executive officer in this State.

      (e) Any firefighter or retired firefighter.

      (f) Any prosecutor who as part of his or her normal job responsibilities prosecutes persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      [(f)](g) Any state or county public defender who as part of his or her normal job responsibilities defends persons for:

             (1) Crimes that are punishable as category A felonies; or

             (2) Domestic violence.

      [(g)](h) Any person employed by the Office of the Attorney General who prosecutes or defends actions on behalf of the State of Nevada or any agency in the Executive Department of the State Government.

      [(h)](i) Any person, including, without limitation, a social worker, employed by this State or a political subdivision of this State who as part of his or her normal job responsibilities:

             (1) Interacts with the public; and

             (2) Performs tasks related to child welfare services or child protective services or tasks that expose the person to comparable dangers.

      [(i)](j) Any county manager in this State.

      [(j)](k) Any inspector, officer or investigator employed by this State or a political subdivision of this State designated by his or her employer:

             (1) Who possesses specialized training in code enforcement;

             (2) Who, as part of his or her normal job responsibilities, interacts with the public; and

             (3) Whose primary duties are the performance of tasks related to code enforcement.

      [(k)](l) Any county or city clerk or registrar of voters charged with the powers and duties relating to elections and any deputy appointed by the county or city clerk or registrar of voters in the elections division of the county or city.

      [(l)](m) Any civilian employee who provides support services to a law enforcement agency.

 


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ê2025 Statutes of Nevada, Page 733 (CHAPTER 134, SB 273)ê

 

      (n) The spouse, domestic partner or minor child of a person described in paragraphs (a) to [(k),] (m), inclusive.

      [(m)](o) The surviving spouse, domestic partner or minor child of a person described in paragraphs (a) to [(k),] (m), inclusive, who was killed in the performance of his or her duties.

      [(n)](p) Any person for whom a fictitious address has been issued pursuant to NRS 217.462 to 217.471, inclusive.

      2.  A person who wishes to have an alternate address displayed on his or her driver’s license, commercial driver’s license or identification card pursuant to this section must submit to the Department satisfactory proof:

      (a) That he or she is a person described in subsection 1; and

      (b) Of the person’s address of principal residence and mailing address, if different from the address of principal residence.

      3.  A person who obtains a driver’s license, commercial driver’s license or identification card that displays an alternate address pursuant to this section may subsequently submit a request to the Department to have his or her address of principal residence displayed on his or her driver’s license, commercial driver’s license or identification card instead of the alternate address.

      4.  The Department may adopt regulations to carry out the provisions of this section.

      5.  As used in this section:

      (a) “Child protective services” has the meaning ascribed to it in NRS 432B.042.

      (b) “Child welfare services” has the meaning ascribed to it in NRS 432B.044.

      (c) “Code enforcement” means the enforcement of laws, ordinances or codes regulating public nuisances or the public health, safety and welfare.

      (d) “Firefighter” means a person who is an employee of a fire-fighting agency and whose principal duties are to control, extinguish, prevent and suppress fires.

      (e) “Firefighting agency” means a public fire department, fire protection district or other agency of this State or a political subdivision of this State, the primary functions of which are to control, extinguish, prevent and suppress fires.

      (f) “Law enforcement agency” has the meaning ascribed to it in NRS 289.010.

      (g) “Social worker” means any person licensed under chapter 641B of NRS.

________

 


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ê2025 Statutes of Nevada, Page 734ê

 

CHAPTER 135, SB 416

Senate Bill No. 416–Committee on Growth and Infrastructure

 

CHAPTER 135

 

[Approved: May 30, 2025]

 

AN ACT relating to public safety; authorizing the Department of Motor Vehicles to issue a 24/7 privilege to certain persons assigned to the statewide sobriety and drug monitoring program; eliminating the authority of the Department to issue a restricted driver’s license to such persons; clarifying certain requirements relating to the testing of persons assigned to the program; providing that a person assigned to the program may be subject to increased monitoring, supervision, treatment or testing under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law enacts the Nevada 24/7 Sobriety and Drug Monitoring Program Act, which establishes a statewide sobriety and drug monitoring program that provides for the frequent testing of persons assigned to the program to determine the presence of alcohol or a prohibited substance in their system. (NRS 484C.372-484C.397) Among other requirements, existing law requires a person assigned to the program to submit to testing to determine the presence of alcohol in his or her system: (1) at a designated testing location at least twice each day; or (2) using any other method approved under federal regulations. (NRS 484C.392) Section 4 of this bill makes a technical correction to provide that the applicable definition of “testing” includes other approved methods set forth in the federal definition. Section 6 of this bill likewise makes a technical correction to provide that a designated law enforcement agency is not required to establish testing locations if the testing method specified in the guidelines of a political subdivision do not require testing at a physical location.

      Existing law makes a person assigned to the program eligible for a restricted driver’s license, which: (1) is valid while the person is a participant in the program; and (2) permits the person to drive to and from a testing location, work, court appearances and certain other locations. (NRS 483.490, 484C.392) Section 5 of this bill instead makes a person assigned to the program eligible for a 24/7 privilege while the person is participating in and complying with the requirements of the program. Section 1 of this bill requires the Department of Motor Vehicles to issue a 24/7 privilege to a person assigned to the program upon receiving certain notice from the court. A 24/7 privilege issued by the Department pursuant to section 1 permits a person to drive while the person is participating in and complying with the requirements of the program without the same limitations as were previously imposed under a restricted driver’s license. A 24/7 privilege thereby permits a person to drive freely to any destination of their choosing, provided the person continues to participate in and comply with the requirements of the program. Sections 2 and 3 of this bill define the term “24/7 privilege” for the purpose of the Act. Sections 1, 5, 7 and 8 of this bill make conforming changes by replacing the term “restricted driver’s license” with the term “24/7 privilege.”

      Existing law requires a person assigned to the program to be subject to sanctions for: (1) using alcohol or a prohibited substance while assigned to the program; or (2) failing or refusing to undergo required testing. Under existing law, such sanctions include, without limitation, incarceration. (NRS 484C.392) Section 5 expands the list of authorized sanctions to include increased monitoring, supervision, treatment or testing.

 


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ê2025 Statutes of Nevada, Page 735 (CHAPTER 135, SB 416)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 483.490 is hereby amended to read as follows:

      483.490  1.  Except as otherwise provided in this section, after a driver’s license has been suspended or revoked and one-half of the period during which the driver is not eligible for a license has expired, the Department may, unless the statute authorizing the suspension or revocation prohibits the issuance of a restricted license, issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) To and from work or in the course of his or her work, or both; or

      (b) To acquire supplies of medicine or food or receive regularly scheduled medical care for himself, herself or a member of his or her immediate family.

Ê Before a restricted license may be issued, the applicant must submit sufficient documentary evidence to satisfy the Department that a severe hardship exists because the applicant has no alternative means of transportation and that the severe hardship outweighs the risk to the public if the applicant is issued a restricted license.

      2.  [If the driver’s license of a person assigned to a program established pursuant to NRS 484C.392 is suspended or revoked, the Department may issue a restricted driver’s license to an applicant that is valid while he or she is participating in and complying with the requirements of the program and that permits the applicant to drive a motor vehicle:

      (a) To and from a testing location established by a designated law enforcement agency pursuant to NRS 484C.393;

      (b) If applicable, to and from work or in the course of his or her work, or both;

      (c) To and from court appearances;

      (d) To and from counseling; or

      (e) To receive regularly scheduled medical care for himself or herself.

      3.]  Except as otherwise provided in NRS 62E.630, after a driver’s license has been revoked or suspended pursuant to title 5 of NRS or NRS 392.148, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both; or

      (b) If applicable, to and from school.

      [4.] 3.  After a driver’s license has been suspended pursuant to NRS 483.443, the Department may issue a restricted driver’s license to an applicant permitting the applicant to drive a motor vehicle:

      (a) If applicable, to and from work or in the course of his or her work, or both;

      (b) To receive regularly scheduled medical care for himself, herself or a member of his or her immediate family; or

      (c) If applicable, as necessary to exercise a court-ordered right to visit a child.

      [5.] 4.  A driver who violates a condition of a restricted license issued pursuant to subsection 1 or 2 is guilty of a misdemeanor and, if the license of the driver was suspended or revoked for:

 


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ê2025 Statutes of Nevada, Page 736 (CHAPTER 135, SB 416)ê

 

      (a) A violation of NRS 484C.110, 484C.210 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b),

Ê the driver shall be punished in the manner provided pursuant to subsection 2 of NRS 483.560.

      [6.] 5.  The periods of suspensions and revocations required pursuant to this chapter and NRS 484C.210 must run consecutively, except as otherwise provided in NRS 483.465 and 483.475, when the suspensions must run concurrently.

      [7.] 6.  Whenever the Department suspends or revokes a license, the period of suspension, or of ineligibility for a license after the revocation, begins upon the effective date of the revocation or suspension as contained in the notice thereof.

      [8.] 7.  Any person for whom a court provides an exception relating to the installation of an ignition interlock device pursuant to subsection 4 of NRS 484C.210 or subsection 2 of NRS 484C.460 is eligible for a [restricted driver’s license] 24/7 privilege under this section while the person is participating in and complying with the requirements of a program established pursuant to NRS 484C.392.

      [9.] 8.  If the Department receives a copy of an order requiring a person to install an ignition interlock device in a motor vehicle pursuant to NRS 484C.460, the Department shall issue an ignition interlock privilege to the person after he or she submits proof of compliance with the order. A person who is required to install an ignition interlock device pursuant to NRS 484C.210 or 484C.460 shall install the device not later than 14 days after the date on which the order was issued. A driver who violates any condition of an ignition interlock privilege issued pursuant to this subsection is guilty of a misdemeanor and shall be punished in the same manner provided in subsection 2 of NRS 483.560 for driving a vehicle while a driver’s license is cancelled, revoked or suspended.

      9.  Upon receiving notice that a person is eligible for a 24/7 privilege pursuant to subsection 6 of NRS 484C.394, the Department shall, in accordance with any regulations adopted by the Department pursuant to subsection 7 of NRS 484C.394, issue a 24/7 privilege to the person. A 24/7 privilege is valid while the person is participating in and complying with the requirements of a program established pursuant to NRS 484C.392.

      Sec. 2. Chapter 484C of NRS is hereby amended by adding thereto a new section to read as follows:

      “24/7 privilege” means a license issued by the Department pursuant to subsection 9 of NRS 483.490 which authorizes the holder to operate a motor vehicle while assigned to the program.

      Sec. 3. NRS 484C.374 is hereby amended to read as follows:

      484C.374  As used in NRS 484C.372 to 484C.397, inclusive, and section 2 of this act, unless the context otherwise requires, the words and terms defined in NRS 484C.376 to 484C.390, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.

 


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ê2025 Statutes of Nevada, Page 737 (CHAPTER 135, SB 416)ê

 

      Sec. 4. NRS 484C.388 is hereby amended to read as follows:

      484C.388  “Testing” means any [procedure] :

      1.  Procedure approved by the Committee on Testing for Intoxication for determining the concentration of alcohol or the amount of a prohibited substance in a person’s system that is provided for in the applicable guidelines adopted pursuant to NRS 484C.396 [.] ; or

      2.  Other approved method for determining the concentration of alcohol or the amount of a prohibited substance in a person’s system set forth in the federal definition of “24-7 sobriety program” in 23 C.F.R. § 1300.23(b).

      Sec. 5. NRS 484C.392 is hereby amended to read as follows:

      484C.392  1.  There is hereby established a statewide sobriety and drug monitoring program in which any political subdivision in this State may elect to participate.

      2.  The program established pursuant to subsection 1 must meet the federal definition of “24-7 sobriety program” in 23 C.F.R. § 1300.23(b).

      3.  Any person who is assigned to the program:

      (a) Must abstain from alcohol and prohibited substances while assigned to the program.

      (b) Must be subject to:

             (1) Testing to determine the presence of alcohol in his or her system:

                   (I) At least twice each day at a testing location established by a designated law enforcement agency pursuant to NRS 484C.393; or

                   (II) By using any other approved method set forth in the federal definition of “24-7 sobriety program” in 23 C.F.R. § 1300.23(b).

             (2) If appropriate, random testing to determine the presence of a prohibited substance in his or her system at least two times each week, using any approved method set forth in the federal definition of “24-7 sobriety program” in 23 C.F.R. § 1300.23(b).

      (c) Must be subject to lawful and consistent sanctions for using alcohol or a prohibited substance while assigned to the program or for failing or refusing to undergo required testing, including, without limitation, increased monitoring, supervision, treatment or testing and incarceration. Any such sanction must be an immediate sanction or, if the approved testing method being used pursuant to paragraph (b) does not allow for the imposition of an immediate sanction, a timely sanction.

      (d) Is eligible for a [restricted driver’s license] 24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490 while participating in and complying with the requirements of the program if the driver’s license of the person is suspended or revoked.

      Sec. 6. NRS 484C.393 is hereby amended to read as follows:

      484C.393  If a political subdivision elects to participate in the program:

      1.  The Department of Public Safety may assist the political subdivision in the establishment and administration of the program in the manner provided in NRS 484C.372 to 484C.397, inclusive, and section 2 of this act and in determining alternatives to incarceration.

      2.  The political subdivision shall designate a law enforcement agency to enforce the program.

      3.  A designated law enforcement agency [:

      (a) May] may designate an entity to provide testing services or to take any other action required or authorized to be provided by the law enforcement agency pursuant to NRS 484C.372 to 484C.397, inclusive, and section 2 of this act, but such a designated entity may not determine whether to participate in the program.

 


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ê2025 Statutes of Nevada, Page 738 (CHAPTER 135, SB 416)ê

 

enforcement agency pursuant to NRS 484C.372 to 484C.397, inclusive, and section 2 of this act, but such a designated entity may not determine whether to participate in the program.

      [(b) Shall]

      4.  If the testing method specified in the guidelines adopted by the political subdivision under NRS 484C.396 requires testing at a testing location established by the designated law enforcement agency, the designated law enforcement agency must establish one or more testing locations . [that] Any such location must provide at least two available testing times each day. If only two testing times are made available, the testing times must be approximately 12 hours apart.

      Sec. 7. NRS 484C.394 is hereby amended to read as follows:

      484C.394  1.  A court may, as a condition of pretrial release, a sentence, a suspension of sentence or probation, assign an offender who is arrested for or found guilty of, as applicable, a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a), (b) or (c) of subsection 1 of NRS 484C.400 to the program established pursuant to NRS 484C.392.

      2.  If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, the court:

      (a) Shall immediately sentence the offender in accordance with NRS 484C.400 and enter judgment accordingly.

      (b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for not less than 90 days.

      (c) Shall advise the offender that:

             (1) If the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program, the court will require the offender to serve the sentence imposed by the court. The sentence of imprisonment must be reduced by a time equal to that which the offender served before participating in the program.

             (2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the sentencing conditions, including, without limitation, the mandatory period of imprisonment or community service, will be reduced, but the conviction must remain on the record of criminal history of the offender for the period prescribed by law.

             (3) The offender is eligible for a [restricted driver’s license] 24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490 while participating in and complying with the requirements of the program.

      (d) May immediately revoke the suspension of sentence for a violation of a condition of suspension.

      3.  If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400, the court:

      (a) Shall immediately sentence the offender in accordance with NRS 484C.400 and enter judgment accordingly.

      (b) Shall suspend the sentence of the offender upon the condition that the offender participate in the program for not less than 1 year and require that the offender [receive] :

             (1) Receive an assessment of whether the offender has an alcohol or other substance use disorder ; and

 


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             (2) Complete any appropriate treatment.

      (c) Shall advise the offender that:

             (1) If the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program, the court will require the offender to serve the sentence imposed by the court. The sentence of imprisonment must be reduced by a time equal to that which the offender served before participating in the program.

             (2) Except as otherwise provided in subparagraph (2) of paragraph (c) of subsection 4, if the offender participates in the program for the period determined by the court and complies with the requirements of the program, the offender’s sentence will be reduced, but the minimum mandatory term of imprisonment must not be less than 5 days, and the conviction must remain on the record of criminal history of the offender for the period prescribed by law.

             (3) The offender is eligible for a [restricted driver’s license] 24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490 while participating in and complying with the requirements of the program.

      (d) Shall not defer the sentence, set aside the conviction or impose conditions upon participation in the program except as otherwise provided in this section.

      (e) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.

      4.  If the court assigns an offender to the program who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400, the court:

      (a) Shall immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation.

      (b) Shall order the offender to participate in the program for not less than 18 months and require that the offender [receive] :

             (1) Receive an assessment of whether the offender has an alcohol or other substance use disorder ; and

             (2) Complete any appropriate treatment.

      (c) Shall advise the offender that:

             (1) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if the offender fails to participate in the program for the period determined by the court or fails to comply with the requirements of the program. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before participating in the program.

             (2) If the offender participates in the program for the period determined by the court and complies with the requirements of the program, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400 and sentence the offender accordingly, but the minimum mandatory term of imprisonment must not be less than [10] 5 days, and the conviction must remain on the record of criminal history of the offender for the period prescribed by law.

             (3) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply and the offender is eligible for a [restricted driver’s license] 24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490 while participating in and complying with the requirements of the program.

 


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ê2025 Statutes of Nevada, Page 740 (CHAPTER 135, SB 416)ê

 

      (d) Shall not defer the sentence or set aside the conviction upon participation in the program, except as otherwise provided in this section.

      (e) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.

      5.  If the court assigns an offender to the program as a condition of pretrial release after his or her arrest for a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to [paragraph (a) of subsection 1 of] NRS 484C.400, the court shall advise the offender that:

      (a) If the offender fails to participate in the program, the court may remand the offender to custody and require bond or other conditions.

      (b) The offender is eligible for a [restricted driver’s license] 24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490 while participating in and complying with the requirements of the program.

      6.  If a court assigns a person to the program pursuant to this section, the court shall notify the Department of Motor Vehicles that as a participant in the program, the person is eligible for a [restricted driver’s license] 24/7 privilege issued pursuant to subsection [2] 9 of NRS 483.490. If the person fails to comply with the requirements of the program, the court [may] shall notify the Department of Motor Vehicles of the person’s noncompliance and direct the Department of Motor Vehicles to revoke the [restricted license.] 24/7 privilege.

      7.  The Department of Motor Vehicles may adopt any regulations necessary to provide for the issuance of a [restricted driver’s license] 24/7 privilege to a person assigned to the program.

      8.  As used in this section, “imprisonment” means confinement in jail or an inpatient rehabilitation or treatment center or other facility or under house arrest with electronic monitoring, provided the person under confinement or house arrest is in fact being detained.

      Sec. 8.  1.  The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, substitute appropriately the term “24/7 privilege” for the term “restricted license” or “restricted driver’s license” as previously used in reference to the type of license the Department of Motor Vehicles is authorized to issue to a person assigned to the program.

      2.  As used in this section, “program” has the meaning ascribed to it in NRS 484C.385.

      Sec. 9.  This act becomes effective on the date on which the Director of the Department of Motor Vehicles notifies the Governor and the Director of the Legislative Counsel Bureau that sufficient resources are available to enable the Department to carry out the amendatory provisions of this act.

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ê2025 Statutes of Nevada, Page 741ê

 

CHAPTER 136, AB 309

Assembly Bill No. 309–Assemblymembers Hardy, Hibbetts; Goulding, Hafen, Koenig, Torres-Fossett and Yurek

 

Joint Sponsors: Senators Buck and Steinbeck

 

CHAPTER 136

 

[Approved: May 30, 2025]

 

AN ACT relating to orders for protection; requiring certain temporary orders for protection against domestic violence to include certain information; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) authorizes a court to grant a temporary order for protection against domestic violence with or without notice to the adverse party; and (2) provides that an extended order for protection against domestic violence may only be granted after notice to the adverse party and a hearing on the application. Under existing law, if a court grants a temporary order for protection against domestic violence against an alleged perpetrator of domestic violence who is in custody at the time the court grants the order: (1) upon approval of the court, the signed order may be transmitted to the facility holding the alleged perpetrator; and (2) if such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be served upon the alleged perpetrator before the alleged perpetrator is released from the facility. (NRS 33.020)

      Section 1 of this bill requires that certain temporary orders for protection against domestic violence served upon an alleged perpetrator who is in custody advise the person that if the person is still in custody on the date of the hearing on the application for an extended order for protection against domestic violence, the person may contest the application by filing a written response with the court which consists solely of a statement indicating whether the person contests the issuance of an extended order. Section 1 also requires that such temporary orders notify the person that if the person does not file a written response within the time specified in the temporary order and the person is still in custody on the date of the hearing on the application for an extended order for protection against domestic violence, the court may: (1) hold the hearing in the absence of the incarcerated person; and (2) grant the extended order without further input from the incarcerated person.

 

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 33.030 is hereby amended to read as follows:

      33.030  1.  The court by a temporary order may:

      (a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;

      (b) Exclude the adverse party from the applicant’s place of residence;

      (c) Prohibit the adverse party from entering the residence, school or place of employment of the applicant or minor child and order the adverse party to stay away from any specified place frequented regularly by them;

      (d) If it has jurisdiction under chapter 125A of NRS, grant temporary custody of the minor child to the applicant;

      (e) Enjoin the adverse party from physically injuring, threatening to injure or taking possession of any animal that is owned or kept by the applicant or minor child, either directly or through an agent;

 


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ê2025 Statutes of Nevada, Page 742 (CHAPTER 136, AB 309)ê

 

      (f) Enjoin the adverse party from physically injuring or threatening to injure any animal that is owned or kept by the adverse party, either directly or through an agent; and

      (g) Order such other relief as it deems necessary in an emergency situation.

      2.  The court by an extended order may grant any relief enumerated in subsection 1 and:

      (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;

      (b) Specify arrangements for the possession and care of any animal owned or kept by the adverse party, applicant or minor child; and

      (c) Order the adverse party to:

             (1) Avoid or limit communication with the applicant or minor child;

             (2) Pay rent or make payments on a mortgage on the applicant’s place of residence;

             (3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159A of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;

             (4) Pay all costs and fees incurred by the applicant in bringing the action; and

             (5) Pay monetary compensation to the applicant for lost earnings and expenses incurred as a result of the applicant attending any hearing concerning an application for an extended order.

      3.  If an extended order is issued by a justice court, an interlocutory appeal lies to the district court, which may affirm, modify or vacate the order in question. The appeal may be taken without bond, but its taking does not stay the effect or enforcement of the order.

      4.  A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.

      5.  A temporary or extended order must provide notice that:

      (a) Responding to a communication initiated by the applicant may constitute a violation of the protective order; and

      (b) A person who is arrested for violating the order will not be admitted to bail sooner than 12 hours after the person’s arrest if:

             (1) The arresting officer determines that such a violation is accompanied by a direct or indirect threat of harm;

             (2) The person has previously violated a temporary or extended order for protection; or

             (3) At the time of the violation or within 2 hours after the violation, the person has:

                   (I) A concentration of alcohol of 0.08 or more in the person’s blood or breath; or

                   (II) An amount of a prohibited substance in the person’s blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.

      6.  In addition to the requirements prescribed by subsection 5, if an application for an extended order is filed at the same time as a temporary order issued pursuant to subsection 8 of NRS 33.020, the temporary order must:

 


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ê2025 Statutes of Nevada, Page 743 (CHAPTER 136, AB 309)ê

 

      (a) Advise the incarcerated adverse party that if the incarcerated adverse party is still in custody on the date of the hearing on the application for an extended order, the incarcerated adverse party may contest the application by filing a written response with the court. The written response must:

             (1) Be filed with the court not later than 14 calendar days after the date on which the incarcerated adverse party receives service of the temporary order for protection at the facility where the incarcerated adverse party is in custody;

             (2) Consist solely of a statement indicating whether the incarcerated adverse party contests the issuance of an extended order; and

             (3) Be filed with the court in accordance with the procedures established by the facility where the incarcerated adverse party is in custody.

      (b) Notify the incarcerated adverse party that if the incarcerated adverse party does not file the written response described in paragraph (a) within 14 calendar days after the date on which the incarcerated adverse party receives service of the temporary order for protection, the court may:

             (1) Hold a hearing on the extended order in the absence of the incarcerated adverse party; and

             (2) Grant an extended order without further input from the incarcerated adverse party.

      Sec. 2. The amendatory provisions of this act apply to an order for protection against domestic violence that is issued on or after October 1, 2025.

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CHAPTER 137, AB 321

Assembly Bill No. 321–Assemblymembers Jackson, D’Silva, González, O’Neill; Dalia, Nadeem, Orentlicher and Roth

 

CHAPTER 137

 

[Approved: May 30, 2025]

 

AN ACT relating to offenders; authorizing the Director of the Department of Corrections to establish a transitional housing program for certain offenders to develop skills and training relating to forestry management and conservation; requiring the State Forester Firewarden to establish a hiring program to appoint certain former offenders to firefighting positions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the Director of the Department of Corrections is authorized to enter into one or more contracts with one or more public or private entities to provide certain services to offenders, including transitional housing. (NRS 209.4889) Section 4.5 of this bill authorizes the Director to establish, in coordination with the Division of Forestry of the State Department of Conservation and Natural Resources, a transitional housing program to provide training in forestry management and conservation for certain offenders who: (1) are committed to the custody of the Department and eligible for assignment to an institution or facility of minimum security; and (2) have previously been denied parole solely due to a lack of other available transitional housing.

 


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ê2025 Statutes of Nevada, Page 744 (CHAPTER 137, AB 321)ê

 

      Under existing law, the State Forester Firewarden, in cooperation with the Department of Corrections, is required to establish and carry out a program for operating conservation camps in this State which may use offenders who meet certain requirements to perform certain work, including firefighting. (NRS 209.457) Section 5 of this bill requires the State Forester Firewarden to establish a hiring program to appoint former offenders who performed firefighting work in such conservation camps to firefighting positions in the Division of Forestry of the State Department of Conservation and Natural Resources.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-4. (Deleted by amendment.)

      Sec. 4.5. Chapter 209 of NRS is hereby amended by adding thereto a new section to read as follows:

      The Director may establish, in coordination with the Division of Forestry of the State Department of Conservation and Natural Resources, a transitional housing program to provide training in forestry management and conservation for offenders who:

      1.  Are committed to the custody of the Department and eligible for assignment to an institution or facility of minimum security pursuant to the provisions of NRS 209.481; and

      2.  Have previously been denied parole solely due to a lack of other available transitional housing.

      Sec. 5. Chapter 472 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The State Forester Firewarden shall establish a hiring program to provide a pathway to hire for firefighting positions within this State. Under the hiring program, the State Forester Firewarden may appoint a person to fill a position in the classified service as a firefighter with the Division of Forestry of the State Department of Conservation and Natural Resources if the person:

      (a) Was a former offender assigned to work in a program for operating conservation camps established pursuant to NRS 209.457 and performed work relating to firefighting;

      (b) Successfully completed the training necessary to prepare the offenders assigned to the conservation camp to assist in firefighting pursuant to NRS 209.457;

      (c) Has obtained any certifications required for employment as a firefighter with the Division of Forestry; and

      (d) Meets any other qualifications established by the State Forester Firewarden.

      2.  The State Forester Firewarden may adopt regulations to carry out the provisions of this section.

      Sec. 6. (Deleted by amendment.)

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ê2025 Statutes of Nevada, Page 745ê

 

CHAPTER 138, SB 41

Senate Bill No. 41–Committee on Revenue and Economic Development

 

CHAPTER 138

 

[Approved: May 30, 2025]

 

AN ACT relating to taxation; requiring a cannabis tax permit issued by the Department of Taxation to engage in or conduct the business of selling cannabis or cannabis products; providing for the issuance, revocation and suspension of a cannabis tax permit; requiring the suspension of a cannabis license under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law imposes an excise tax on the wholesale and retail sale of cannabis by certain licensed cannabis establishments. (NRS 372A.290) Existing law also requires any person engaged in the business of selling at retail tangible personal property, including, without limitation, adult-use cannabis retail stores and cannabis consumption lounges, to register or file an application for a permit for each place of business from the Department of Taxation, which is referred to as a sales tax permit. (NRS 360.5971)

      Sections 3-5 of this bill define certain terms relating to the taxation of the sale of cannabis. Section 6 of this bill: (1) requires that, in addition to any other permit required by law, including, without limitation, a sales tax permit, every person who desires to engage in the sale of cannabis or cannabis products must, before obtaining a license from the Cannabis Compliance Board, apply for and obtain a cannabis tax permit issued by the Department for each place of business; and (2) establishes requirements for the application. Section 15 of this bill make this requirement applicable beginning on January 1, 2027, and section 14 of this bill establishes the manner in which persons engaging in the business of selling cannabis or cannabis products before that date are required to comply with the requirement to obtain a cannabis tax permit before that date.

      Section 7 of this bill requires the Department, not later than 15 days after receiving an application, to grant and issue to an applicant a separate cannabis tax permit for each place of business and provide the applicant with a full written explanation of the liability for the collection and payment of any applicable taxes. Section 7 also provides that a cannabis tax permit is not assignable and is only valid for the transaction of business at the place of business designated in the permit.

      Section 8 of this bill establishes procedures for the Department to revoke or suspend a cannabis tax permit for failure to comply with certain requirements relating to excise taxes imposed on the sale of cannabis and cannabis products. Specifically, section 8: (1) requires the Department to provide to the holder of a cannabis tax permit certain information concerning any alleged noncompliance, and an opportunity to cure such noncompliance, before issuing a notice of a hearing for the revocation or suspension of the cannabis tax permit; (2) authorizes the Department to, after notice and a hearing, revoke or suspend a cannabis tax permit for such noncompliance; (3) provides for an appeal to the Nevada Tax Commission; and (4) requires the Department to send a copy of a final decision to revoke or suspend a permit to the Board.

      Section 9 of this bill requires an aggrieved person to pay the amount of the tax liability, or to enter into an agreement to pay the liability, before the person may seek judicial review of a final decision of the Commission.

      Section 9.5 of this bill establishes provisions for a holder of a license issued by the Board who has requested to transfer the license to request and receive from the Department a certificate of the amount of any delinquent excise taxes, and the penalties and interest relating thereto.

 


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ê2025 Statutes of Nevada, Page 746 (CHAPTER 138, SB 41)ê

 

      Sections 10-12 of this bill make conforming changes to: (1) indicate the proper placement of sections 2-9.5 in the Nevada Revised Statutes; and (2) clarify that certain provisions of existing law apply to sections 2-9.5.

      Existing law prohibits a person from engaging in business as a cannabis establishment, which includes the sale of cannabis or cannabis products, unless the person holds a license from the Board. (NRS 678B.210, 678B.250, 678B.530) Section 13 of this bill requires the Board, upon receipt of a copy of a final decision to revoke or suspend a cannabis tax permit or a sales and use tax permit, to suspend the corresponding cannabis license of the cannabis establishment until the excise tax liability is paid in full.

 

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 372A of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9.5, inclusive, of this act.

      Sec. 2. As used in sections 2 to 9.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 2.5 to 5, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 2.5. “Board” means the Cannabis Compliance Board.

      Sec. 3. “Business” includes any activity engaged in by any person or caused to be engaged in by any person with the object of gain, benefit or advantage, either direct or indirect.

      Sec. 4. “Person” includes any individual, firm, copartnership, joint venture, association, social club, fraternal organization, corporation, estate, trust, business trust, receiver, trustee, syndicate, cooperative, assignee or any other group or combination acting as a unit, but does not include the United States, this State or any agency thereof, or any city, county, district or other political subdivision of this State.

      Sec. 5. “Seller” includes every person who engages in the business of selling cannabis or cannabis products. As used in this section:

      1.  “Cannabis product” has the meaning ascribed to it in NRS 678A.120.

      2.  “Selling” has the meaning ascribed to “sale” in NRS 372A.040.

      Sec. 6. 1.  In addition to any other permit required by law, before the issuance of a license by the Board pursuant to chapter 678B of NRS, every person desiring to engage in or conduct business as a seller within this State must, for each place of business:

      (a) Register with, or obtain a permit from, the Department pursuant to NRS 360.597 to 360.5975, inclusive; and

      (b) Obtain a cannabis tax permit from the Department issued pursuant to section 7 of this act.

      2.  Every application for a cannabis tax permit must:

      (a) Be made upon a form prescribed by the Department.

      (b) Set forth the name under which the applicant transacts or intends to transact business and the location of the applicant’s place or places of business.

      (c) Set forth any other information which the Department may require.

      (d) Be signed by:

             (1) The owner if he or she is a natural person;

 


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ê2025 Statutes of Nevada, Page 747 (CHAPTER 138, SB 41)ê

 

             (2) A member or partner if the seller is an association or partnership; or

             (3) An executive officer or some person specifically authorized to sign the application if the seller is a corporation. Written evidence of the signer’s authority must be attached to the application.

      Sec. 7.  1.  Except as otherwise provided in NRS 360.205 and section 8 of this act, after compliance with section 6 of this act by an applicant for a cannabis tax permit, the Department shall, not later than 15 days after receipt of the application:

      (a) Grant and issue to the applicant a separate cannabis tax permit for each place of business within the county.

      (b) Provide the applicant with a full written explanation of the liability of the applicant for the collection and payment of any applicable taxes imposed by this title.

      2.  A cannabis tax permit is not assignable and is valid only for the person in whose name it is issued and for the transaction of business at the place designated therein. A cannabis tax permit must at all times be conspicuously displayed at the place for which it is issued.

      Sec. 8.  1.  Whenever any person fails to comply with any applicable provision of this title relating to the excise taxes imposed by this title or regulation of the Department relating to the excise taxes imposed by this title, the Department, after complying with the requirements of subsection 2 and providing a hearing of which the person was given prior notice of at least 10 days in writing specifying the time and place of the hearing and requiring the person to show cause as to why his or her cannabis tax permit should not be revoked or suspended, may revoke or suspend any one or more of the permits held by the person. A hearing required pursuant to this subsection must be conducted not later than 30 days after the person was given notice of the hearing, except that for good cause shown by the holder of the permit, the Department may continue the hearing for not more than 30 additional days.

      2.  Before giving notice of a hearing pursuant to subsection 1, the Department must send to the holder of the permit information clearly explaining the nature of the alleged noncompliance, the amount of any delinquent excise tax, and any penalty and interest relating thereto, and contact information that the holder of the permit may use to address questions concerning the alleged noncompliance. Except as otherwise provided in this subsection, if not later than 30 days after such information is sent to the holder of the permit, the holder of the permit pays the full amount of any delinquent excise tax, and penalty and interest relating thereto, or enters into a written agreement with the Department to pay such amount in installments over a period specified in the agreement, the Department must not give notice of a hearing pursuant to subsection 1. If the holder of the permit and the Department have approved a written agreement to pay the amount of any delinquent excise tax, and any penalty and interest relating thereto, in installments over a specified period of time, but the written agreement must be approved by the Nevada Tax Commission before becoming effective, the Department must present the written agreement to the Commission at its next public meeting and, if the Commission approves the written agreement, the Department must not give notice of a hearing pursuant to subsection 1. If the alleged noncompliance of the holder of the permit is a failure to comply with a written agreement with the Department to pay any delinquent excise tax, and penalty and interest relating thereto, the Department must send to the holder of the permit the information required by this subsection before giving notice of a hearing pursuant to subsection 1 and the Department may give notice of such a hearing if the holder of the permit does not cure the deficiency within 30 days after receiving information concerning the alleged noncompliance.

 


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ê2025 Statutes of Nevada, Page 748 (CHAPTER 138, SB 41)ê

 

with the Department to pay any delinquent excise tax, and penalty and interest relating thereto, the Department must send to the holder of the permit the information required by this subsection before giving notice of a hearing pursuant to subsection 1 and the Department may give notice of such a hearing if the holder of the permit does not cure the deficiency within 30 days after receiving information concerning the alleged noncompliance.

      3.  The Department shall, not later than 30 days after a hearing conducted pursuant to subsection 1, serve any decision regarding the suspension or revocation of a cannabis tax permit on the person in writing. If the holder of the permit does not file an appeal with the Nevada Tax Commission in accordance with subsection 6, the decision of the Department is final and not subject to judicial review.

      4.  The Department shall serve the decision required pursuant to subsection 3 by personal service or by certified mail, or, if the person provided consent to receiving electronic mail, in the manner prescribed for service of notice of a deficiency determination.

      5.  The Department shall not issue a new cannabis tax permit to any person who has previously had a permit revoked, unless the Department is satisfied that the person will comply with the provisions of this title relating to the excise taxes imposed by this title and the associated regulations of the Department.

      6.  Within 30 days after the date of service of a decision pursuant to subsection 3, a person who is aggrieved by the decision may file an appeal with the Nevada Tax Commission. The Commission shall consider the appeal at its next available public meeting. A decision of the Commission on appeal is a final decision for the purposes of judicial review pursuant to chapter 233B of NRS. Not later than 30 days after the public meeting at which the Commission considers the appeal, the Commission must issue a final decision in writing and serve the final written decision on the parties either personally or by certified mail.

      7.  If the final decision of the Department pursuant to subsection 3 or the Nevada Tax Commission pursuant to subsection 6, as applicable, supports revocation or suspension of the cannabis tax permit, the Department shall, not later than 5 days after issuance of the final decision, serve by certified mail or electronic means a copy of the final decision to the Board.

      8.  The Department shall, within 5 days after a person who is subject to a final decision pays the liability in full or the liability is transferred and paid in full with the proceeds from the transfer, reinstate the cannabis tax permit and provide the person a letter stating that the person has satisfied the arrearage and the cannabis tax permit has been reinstated. The Department shall also send a copy of that letter to the Board by certified mail or electronic means.

      9.  A seller who has received a notice of hearing pursuant to subsection 2 may continue to operate until such time as a copy of a final decision is sent to the Board pursuant to subsection 7.

      Sec. 9. 1.  Before a person may seek judicial review pursuant to NRS 233B.130 from a final decision of the Nevada Tax Commission pursuant to this chapter, the person must:

      (a) Pay the amount of any outstanding liability as set forth in the final decision; or

 


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ê2025 Statutes of Nevada, Page 749 (CHAPTER 138, SB 41)ê

 

      (b) Enter into a written agreement with the Department establishing a later date by which he or she must pay the amount of the outstanding tax liability.

      2.  If a court determines that the amount of any outstanding tax liability set forth in the final decision should be reduced or that the person does not owe any taxes, the Department shall credit or refund any amount paid by the person that exceeds the amount owed, with interest determined in accordance with NRS 360.2935.

      Sec. 9.5. If the holder of a license issued by the Board submits to the Board pursuant to NRS 678B.380 a request for a transfer of the license:

      1.  The holder of the license shall request in writing from the Department a certificate of the amount of any delinquent excise taxes, and any interest and penalties relating thereto, owed to the Department by the holder of the license; and

      2.  The Department shall issue to the holder of the license a certificate of the amount due:

      (a) Not later than 30 days after receiving the written request pursuant to subsection 1; or

      (b) Not later than 30 days after the date the records of the holder of the license are made available for audit by the Department,

Ê whichever period expires later, but in no event later than 60 days after the Department receives the request from the holder of the license.

      Sec. 10. NRS 372A.200 is hereby amended to read as follows:

      372A.200  As used in NRS 372A.200 to 372A.380, inclusive, and sections 2 to 9.5, inclusive, of this act, unless the context otherwise requires, the words and terms defined in NRS 372A.205 to 372A.250, inclusive, have the meanings ascribed to them in those sections.

      Sec. 11. NRS 372A.260 is hereby amended to read as follows:

      372A.260  The provisions of chapter 360 of NRS relating to the payment, collection, administration and enforcement of taxes, including, without limitation, any provisions relating to the imposition of penalties and interest, shall be deemed to apply to the payment, collection, administration and enforcement of the excise tax on cannabis to the extent that those provisions do not conflict with the provisions of NRS 372A.200 to 372A.380, inclusive [.] and sections 2 to 9.5, inclusive, of this act.

      Sec. 12. NRS 372A.380 is hereby amended to read as follows:

      372A.380  The remedies of the State provided for in NRS 372A.200 to 372A.380, inclusive, and sections 2 to 9.5, inclusive, of this act are cumulative, and no action taken by the Department or the Attorney General constitutes an election by the State to pursue any remedy to the exclusion of any other remedy for which provision is made in those sections.

      Sec. 13. Chapter 678B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  If the Board receives a copy of a final decision issued pursuant to section 8 of this act or NRS 360.5975 that provides for the revocation or suspension of a cannabis tax permit or a sales and use tax permit, as applicable, issued to a person who is the holder of a license, the Board shall deem the applicable license issued to that person to be suspended on the day on which the final decision is served on the Board.

      2.  The Board shall reinstate a license that has been suspended pursuant to subsection 1 if the Board receives a letter from the Department of Taxation stating that the person whose license was suspended has paid the liability in full or the license was transferred and the liability has been paid in full with the proceeds from the transfer.

 


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ê2025 Statutes of Nevada, Page 750 (CHAPTER 138, SB 41)ê

 

the liability in full or the license was transferred and the liability has been paid in full with the proceeds from the transfer.

      3.  As used in this section, “sales and use tax permit” means a registration with the Department of Taxation or permit issued by the Department of Taxation pursuant to NRS 360.597 to 360.5975, inclusive.

      Sec. 14.  1.  Any person engaging in or conducting business as a seller on or after the passage and approval of this act and before January 1, 2027, shall:

      (a) Register with, or obtain a permit from, the Department pursuant to NRS 360.597 to 360.5975, inclusive; and

      (b) Not later than September 1, 2026 or, if the person begins to engage in or conduct business as a seller after September 1, 2026 and before December 1, 2026, not later than 30 days after becoming a seller, submit an application to the Department for a cannabis tax permit pursuant to section 6 of this act.

      2.  Not later than December 31, 2026, the Department shall issue a cannabis tax permit to a person who submits an application pursuant to paragraph (b) of subsection 1 and who satisfies the requirements for a cannabis tax permit.

      3.  If, before January 1, 2027, a person engaging in or conducting business as a seller is not in compliance with applicable provisions of title 32 of NRS relating to the applicable excise taxes imposed by title 32 of NRS or a regulation of the Department relating to the applicable excise taxes imposed by title 32 of NRS, the Department:

      (a) Must not issue a cannabis tax permit to the person unless the person has cured any noncompliance; and

      (b) If the person has not cured any noncompliance before January 1, 2027, must issue a notice to the Board that the licensee has not complied with the requirements for a cannabis tax permit.

      4.  If the Board receives a notice issued by the Department pursuant to subsection 3, the Board shall deem the applicable license issued to that person by the Board to be suspended on the day on which the Department issues the notice. The Board shall reinstate a license that has been suspended pursuant to this subsection if the Board receives a letter from the Department stating that the Department has issued the person a cannabis tax permit after the person whose license was suspended has cured any deficiency or the license was transferred and the liability has been paid in full with the proceeds from the transfer.

      5.  As used in this section:

      (a) “Board” means the Cannabis Compliance Board.

      (b) “Cannabis tax permit” means a permit issued by the Department pursuant to sections 2 to 9.5, inclusive, of this act.

      (c) “Department” means the Department of Taxation.

      (d) “Seller” has the meaning ascribed to it in section 5 of this act.

      Sec. 15.  1.  This section and section 14 of this act become effective upon passage and approval.

      2.  Sections 1 to 13, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting regulations and performing preparatory administrative tasks; and

      (b) On January 1, 2027, for all other purposes.

________

 


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ê2025 Statutes of Nevada, Page 751ê

 

CHAPTER 139, SB 406

Senate Bill No. 406–Committee on Judiciary

 

CHAPTER 139

 

[Approved: May 30, 2025]

 

AN ACT relating to civil liability; providing immunity from civil liability to the State of Nevada, certain institutions of higher education and certain officers or employees thereof under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, the State of Nevada: (1) waives its immunity from liability in civil actions; and (2) consents to have its liability determined in accordance with the same rules of law governing civil actions against natural persons and corporations. (NRS 41.031) Existing law creates certain exceptions to this waiver of immunity from liability, thereby providing immunity from liability to certain state actors under certain circumstances. (NRS 41.032-41.036) Section 1 of this bill provides that the State, any university, state college or community college which is part of the Nevada System of Higher Education and any officer or employee thereof are immune from civil liability for any damages sustained as a result of certain acts or omissions of the State, institution of higher education, officer or employee in response to or on the basis of the public-health crisis caused by the COVID-19 pandemic. Section 2 of this bill provides that the State retains its immunity from liability in cases where immunity is granted under section 1. Section 3 of this bill provides that the immunity from liability granted by section 1 applies retroactively to any action commenced on or after March 12, 2020, for which a final judgment has not been rendered. Section 4 of this bill provides that the immunity from liability granted by section 1 expires by limitation on June 30, 2030.

 

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 State of Nevada, any institution of higher education and any officer or employee thereof are immune from civil liability for damages sustained as a result of an act or omission of the State, institution, officer or employee in response to or on the basis of the public-health crisis caused by the COVID-19 pandemic which impacted the provision of educational services by an institution of higher education during the spring semester of 2020 if:

      (a) The act or omission was reasonably related to public health and safety and was performed in good faith; and

      (b) The claim arises out of or in connection with tuition or fees paid to an institution of higher education for the spring semester of 2020.

Ê The Legislature declares that the purpose of this subsection is to advance the compelling state interest in safeguarding the State Treasury, ensuring the stability and long-term sustainability of institutions of higher education and encouraging the State and its institutions of higher education to respond effectively to future health crises in alignment with federal, state and local guidance.

 


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ê2025 Statutes of Nevada, Page 752 (CHAPTER 139, SB 406)ê

 

      2.  For the purposes of subsection 1, an act or omission of the State, any institution of higher education or any officer or employee thereof shall be deemed to have:

      (a) Impacted the provision of educational services by an institution of higher education during the spring semester of 2020 if the act or omission:

             (1) Caused the cessation of educational services for any period;

             (2) Caused the closure of a campus or facility operated by or under the control of an institution of higher education in whole or in part or otherwise limited access to any such campus or facility in whole or in part;

             (3) Modified the manner in which educational services were provided, including, without limitation, by authorizing or requiring a transition to online or otherwise remote instruction; or

             (4) Otherwise interfered with the provision of educational services.

      (b) Been performed in good faith if the act or omission was a good faith effort to comply with any applicable:

             (1) Federal, state or local law, regulation or ordinance; or

             (2) Written order, directive or other document published by a federal, state or local government or regulatory body.

      3.  The immunity granted by this section is in addition to any other immunity recognized by law, and all such immunities are cumulative, so that the application or attempted application of any one does not bar the application or attempted application of any other.

      4.  As used in this section:

      (a) “Educational services” means any offering, program or benefit provided by or in connection with an institution of higher education. The term includes, without limitation, educational instruction, academic support services and student services, regardless of whether such services are provided directly by the institution of higher education or by external entities as ancillary to student engagement or development.

      (b) “Institution of higher education” means a university, state college or community college which is part of the Nevada System of Higher Education.

      (c) “Student services” means any program, resource or support activity provided by or in connection with an institution of higher education for the purpose of enhancing the academic, personal or professional development of students. The term includes, without limitation, career services, health services and ancillary student activities or extracurricular programs.

      Sec. 2. NRS 41.031 is hereby amended to read as follows:

      41.031  1.  The State of Nevada hereby waives its immunity from liability and action and hereby consents to have its liability determined in accordance with the same rules of law as are applied to civil actions against natural persons and corporations, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 1 of this act, 485.318, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.010 or the limitations of NRS 41.032 to 41.036, inclusive [.] , and section 1 of this act. The State of Nevada further waives the immunity from liability and action of all political subdivisions of the State, and their liability must be determined in the same manner, except as otherwise provided in NRS 41.032 to 41.038, inclusive, and section 1 of this act, subsection 3 and any statute which expressly provides for governmental immunity, if the claimant complies with the limitations of NRS 41.032 to 41.036, inclusive [.] , and section 1 of this act.

 


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ê2025 Statutes of Nevada, Page 753 (CHAPTER 139, SB 406)ê

 

      2.  An action may be brought under this section against the State of Nevada or any political subdivision of the State. In any action against the State of Nevada, the action must be brought in the name of the State of Nevada on relation of the particular department, commission, board or other agency of the State whose actions are the basis for the suit. An action against the State of Nevada must be filed in the county where the cause or some part thereof arose or in Carson City. In an action against the State of Nevada, the summons and a copy of the complaint must be served upon:

      (a) The Attorney General, or a person designated by the Attorney General, at the Office of the Attorney General in Carson City; and

      (b) The person serving in the office of administrative head of the named agency.

      3.  The State of Nevada does not waive its immunity from suit conferred by Amendment XI of the Constitution of the United States.

      Sec. 3.  The provisions of this act apply to all actions commenced on or after March 12, 2020, for which a final judgment has not been rendered.

      Sec. 4.  This act becomes effective upon passage and approval and applies retroactively on and after March 12, 2020, and expires by limitation on June 30, 2030.

________

CHAPTER 140, SB 439

Senate Bill No. 439–Committee on Commerce and Labor

 

CHAPTER 140

 

[Approved: May 30, 2025]

 

AN ACT relating to alcoholic beverages; authorizing an estate distillery to sell at retail alcoholic beverages not manufactured at the estate distillery; authorizing an estate distillery to receive, store and bottle certain spirits; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the operation of brew pubs, estate distilleries and wineries in this State. Existing law authorizes an estate distillery, under certain circumstances, to receive malt beverages or wine in bulk from a wholesale dealer, brew pub or winery for the purpose of distillation and blending. Existing law authorizes a brew pub or winery to make such a transfer in bulk directly to an estate distillery, under certain circumstances, if no licensed wholesale dealer is able or willing to make the transfer. (NRS 597.230, 597.237, 597.240) Section 1 of this bill similarly authorizes an estate distillery to receive neutral or distilled spirits in bulk from a supplier that is not an affiliate of the estate distillery for the purpose of storage and bottling. Section 1 requires an estate distillery to segregate such spirits in a conspicuous place away from any other spirits or alcoholic beverages on the premises.

      Existing law authorizes an estate distillery to sell at retail the spirits manufactured at the estate distillery. (NRS 597.237) Section 1 authorizes an estate distillery to also sell other alcoholic beverages at retail, if the estate distillery has obtained any license or permit required in the jurisdiction in which the estate distillery is located and the estate distillery complies with the requirements of existing law to purchase liquor from certain wholesalers or importers.

 


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ê2025 Statutes of Nevada, Page 754 (CHAPTER 140, SB 439)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 597.237 is hereby amended to read as follows:

      597.237  1.  A person may operate an estate distillery if the person:

      (a) Obtains a license for the facility pursuant to chapter 369 of NRS;

      (b) Complies with the requirements of this chapter; and

      (c) Complies with any other applicable governmental requirements.

      2.  A person who operates an estate distillery pursuant to this section may:

      (a) In addition to manufacturing spirits from agricultural raw materials through distillation, blend, age, store and bottle the spirits so manufactured. The person operating the estate distillery shall ensure that none of the spirits manufactured at the estate distillery are derived from neutral or distilled spirits manufactured by another manufacturer, except as authorized by paragraph (b).

      (b) Blend and distill wines or malt beverages, provided any such wine or malt beverage was manufactured by:

             (1) A brew pub licensed pursuant to NRS 597.230; or

             (2) A winery that has been issued a wine-maker’s license pursuant to NRS 369.200 if 25 percent or more of the wine produced, blended or aged by the winery is produced, blended or aged from fruit grown or honey produced in this State.

      (c) Except as otherwise provided in paragraphs (g) and (h), in any calendar year, sell and transport in Nevada not more than a combined total of 75,000 cases of spirits at the estate distillery to a person who holds a license to engage in business as a wholesale dealer of liquor pursuant to chapter 369 of NRS.

      (d) In any calendar year, manufacture for exportation to another state, not more than a combined total of 400,000 cases of spirits at all the estate distilleries the person operates.

      (e) On the premises of the estate distillery, serve samples of the spirits manufactured at the estate distillery. Any such samples must not exceed, per person, per day, 4 fluid ounces in volume.

      (f) On the premises of the estate distillery, sell [the] :

             (1) The spirits manufactured at the estate distillery at retail for consumption on or off the premises. Any such spirits sold at retail for off-premises consumption must not exceed, per person, per month, 1 case of spirits and not exceed, per person, per year, 6 cases of spirits. The total amount of such spirits sold at retail for off-premises consumption must not exceed 7,500 cases per year. Spirits purchased on the premises of an estate distillery must not be resold by the purchaser or any retail liquor store. A person who operates an estate distillery shall prominently display on the premises a notice that the resale of spirits purchased on the premises is prohibited.

             (2) Alcoholic beverages not manufactured at the estate distillery at retail if the estate distillery:

                   (I) Has obtained any license or permit required to sell alcoholic beverages at retail in the jurisdiction in which the estate distillery is located; and

 


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ê2025 Statutes of Nevada, Page 755 (CHAPTER 140, SB 439)ê

 

                   (II) Complies with NRS 369.487 and 369.488.

      (g) Donate for charitable or nonprofit purposes and transport neutral or distilled spirits manufactured at the estate distillery in accordance with the terms and conditions of a special permit for the transportation of the neutral or distilled spirits obtained from the Department of Taxation pursuant to subsection 4 of NRS 369.450.

      (h) Transfer in bulk neutral or distilled spirits manufactured at the estate distillery to a supplier. Any such transfer:

             (1) Is taxable only when the neutral or distilled spirits are rectified and bottled in original packages for sale within this State and removed from the federally bonded premises of the supplier; and

             (2) Is not a sale for the purposes of paragraph (c) or manufacturing for exportation for the purposes of paragraph (d).

      (i) Subject to the provisions of subsection 3, receive [wine] :

             (1) Wine or malt beverages in bulk from a person described in subparagraph (1) or (2) of paragraph (b), or from a wholesale dealer of alcoholic beverages who is licensed under chapter 369 of NRS and who is transferring such wine or malt beverages pursuant to NRS 597.230 or 597.240, for the purpose of distillation and blending. Wine and malt beverages so received are taxable only when the wine and malt beverages are:

             [(1)] (I) Distilled, blended or both, and bottled in original packages for sale within this State; and

             [(2)] (II) Removed from the federally bonded premises of the estate distillery.

             (2) Neutral or distilled spirits in bulk from a supplier that is not an affiliate of the estate distillery for the purpose of storage and bottling. Neutral or distilled spirits so received must be segregated in a conspicuous place away from any other spirits or alcoholic beverages on the premises of the estate distillery.

      3.  A person who operates an estate distillery shall not receive a shipment of wine , [or] malt beverages [:] or neutral or distilled spirits in bulk:

      (a) Unless the person first notifies the Department of Taxation that the distillery will receive such a shipment; and

      (b) Except as authorized by paragraph (i) of subsection 2.

      4.  Spirits manufactured by an estate distillery pursuant to this section may be sold in this State only after bottling in original packages.

      5.  As used in this section, “affiliate” means a person who, directly or indirectly through one or more intermediaries, controls, is controlled by or is under common control with, a specified person.

      Sec. 2. (Deleted by amendment.)

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ê2025 Statutes of Nevada, Page 756ê

 

CHAPTER 141, AB 35

Assembly Bill No. 35–Committee on Judiciary

 

CHAPTER 141

 

[Approved: May 30, 2025]

 

AN ACT relating to crimes; establishing the preferred manner of referring to items or materials that depict or describe a minor engaging in certain sexual conduct; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Sections 30 and 31 of this bill establish the preferred manner of referring to items or materials that depict or describe a minor as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct in the Nevada Revised Statutes and the Nevada Administrative Code. Sections 6-29 and 32-37 of this bill make conforming changes to replace words and terms that are not preferred for use in the Nevada Revised Statutes, including the term “child pornography” and various related terms, with the term “child sexual abuse material” in accordance with section 30.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-5. (Deleted by amendment.)

      Sec. 6. NRS 202.876 is hereby amended to read as follows:

      202.876  “Violent or sexual offense” means any act that, if prosecuted in this State, would constitute any of the following offenses:

      1.  Murder or voluntary manslaughter pursuant to NRS 200.010 to 200.260, inclusive.

      2.  Mayhem pursuant to NRS 200.280.

      3.  Kidnapping pursuant to NRS 200.310 to 200.340, inclusive.

      4.  Sexual assault pursuant to NRS 200.366.

      5.  Robbery pursuant to NRS 200.380.

      6.  Administering poison or another noxious or destructive substance or liquid with intent to cause death pursuant to NRS 200.390.

      7.  Battery with intent to commit a crime pursuant to NRS 200.400.

      8.  Administering a drug or controlled substance to another person with the intent to enable or assist the commission of a felony or crime of violence pursuant to NRS 200.405 or 200.408.

      9.  False imprisonment pursuant to NRS 200.460 if the false imprisonment involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

      10.  Assault with a deadly weapon pursuant to NRS 200.471.

      11.  Battery which is committed with the use of a deadly weapon or which results in substantial bodily harm as described in NRS 200.481 or battery which is committed by strangulation as described in NRS 200.481 or 200.485.

      12.  An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 [or 200.720.] to 200.730, inclusive.

 


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ê2025 Statutes of Nevada, Page 757 (CHAPTER 141, AB 35)ê

 

      13.  Open or gross lewdness pursuant to NRS 201.210.

      14.  Lewdness with a child pursuant to NRS 201.230.

      15.  An offense involving pandering or sex trafficking in violation of NRS 201.300, prostitution in violation of NRS 201.320 or advancing prostitution in violation of NRS 201.395.

      16.  Coercion pursuant to NRS 207.190, if the coercion involves the use or threatened use of force or violence against the victim or the use or threatened use of a firearm or a deadly weapon.

      17.  An attempt, conspiracy or solicitation to commit an offense listed in this section.

      Sec. 7. NRS 50.700 is hereby amended to read as follows:

      50.700  1.  In any criminal or juvenile delinquency action relating to the commission of a sexual offense, a court may not order the victim of or a witness to the sexual offense to take or submit to a psychological or psychiatric examination.

      2.  The court may exclude the testimony of a licensed psychologist, psychiatrist or clinical social worker who performed a psychological or psychiatric examination on the victim or witness if:

      (a) There is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness by a licensed psychologist, psychiatrist or clinical social worker; and

      (b) The victim or witness refuses to submit to an additional psychological or psychiatric examination by a licensed psychologist, psychiatrist or clinical social worker.

      3.  In determining whether there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness pursuant to subsection 2, the court must consider whether:

      (a) There is a reasonable basis for believing that the mental or emotional state of the victim or witness may have affected his or her ability to perceive and relate events relevant to the criminal prosecution; and

      (b) Any corroboration of the offense exists beyond the testimony of the victim or witness.

      4.  If the court determines there is a prima facie showing of a compelling need for an additional psychological or psychiatric examination of the victim or witness, the court shall issue a factual finding that details with particularity the reasons why an additional psychological or psychiatric examination of the victim or witness is warranted.

      5.  If the court issues a factual finding pursuant to subsection 4 and the victim or witness consents to an additional psychological or psychiatric examination, the court shall set the parameters for the examination consistent with the purpose of determining the ability of the victim or witness to perceive and relate events relevant to the criminal prosecution.

      6.  As used in this section, “sexual offense” includes, without limitation:

      (a) An offense that is found to be sexually motivated pursuant to NRS 175.547 or 207.193;

      (b) Sexual assault pursuant to NRS 200.366;

      (c) Statutory sexual seduction pursuant to NRS 200.368;

      (d) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (e) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;

 


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ê2025 Statutes of Nevada, Page 758 (CHAPTER 141, AB 35)ê

 

      (f) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

      (g) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975;

      (h) Incest pursuant to NRS 201.180;

      (i) Open or gross lewdness pursuant to NRS 201.210;

      (j) Indecent or obscene exposure pursuant to NRS 201.220;

      (k) Lewdness with a child pursuant to NRS 201.230;

      (l) Pandering or sex trafficking of a child pursuant to NRS 201.300;

      (m) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this section;

      (n) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence pursuant to NRS 200.408, if the crime of violence is an offense listed in this section;

      (o) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (p) A violation of NRS 201.553;

      (q) Luring a child or a person with mental illness pursuant to NRS 201.560;

      (r) Any other offense that has an element involving a sexual act or sexual conduct with another person; or

      (s) Any attempt or conspiracy to commit an offense listed in this subsection.

      Sec. 8. NRS 62B.270 is hereby amended to read as follows:

      62B.270  1.  A public institution or agency to which a juvenile court commits a child or the licensing authority of a private institution to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, shall secure from appropriate law enforcement agencies information on the background and personal history of each employee of the institution or agency to determine:

      (a) Whether the employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving [pornography and a minor] child sexual abuse material or any other sexually related crime;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive, other than a violation of NRS 201.353 or 201.354 by engaging in prostitution;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083;

 


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ê2025 Statutes of Nevada, Page 759 (CHAPTER 141, AB 35)ê

 

             (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

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

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the employee for a crime listed in paragraph (a).

      2.  An employee of the public or private institution or agency must submit to the public institution or agency or the licensing authority, as applicable, a complete set of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The public institution or agency or the licensing authority, as applicable, may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.

      4.  The public institution or agency or the licensing authority, as applicable, may charge an employee investigated pursuant to this section for the reasonable cost of that investigation.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the public institution or agency or the licensing authority, as applicable, for a determination of whether the employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A person who is required to submit to an investigation required pursuant to this section shall not have contact with a child without supervision in a public or private institution or agency to which a juvenile court commits a child, including, without limitation, a facility for the detention of children, before the investigation of the background and personal history of the person has been conducted.

      7.  The public institution or agency or the licensing authority, as applicable, shall conduct an investigation of each employee of the institution or agency pursuant to this section at least once every 5 years after the initial investigation.

      8.  For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is arrested for such a crime and ends when:

 


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      (a) A determination is made as to the guilt or innocence of the employee with regard to such a crime at a trial or by a plea; or

      (b) The prosecuting attorney makes a determination to:

             (1) Decline charging the employee with a crime listed in paragraph (a) of subsection 1; or

             (2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1.

      Sec. 9. NRS 62C.120 is hereby amended to read as follows:

      62C.120  1.  If a petition filed pursuant to the provisions of this title contains allegations that a child committed an unlawful act which would have been a sexual offense if committed by an adult or which involved the use or threatened use of force or violence against the victim, the district attorney shall provide to the victim and, if the victim is less than 18 years of age, to the parent or guardian of the victim, as soon as practicable after the petition is filed, documentation that includes:

      (a) A form advising the victim and the parent or guardian of the victim of their rights pursuant to the provisions of this title; and

      (b) The form or procedure that must be used to request disclosure pursuant to NRS 62D.440.

      2.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (c) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

      (d) Open or gross lewdness pursuant to NRS 201.210;

      (e) Indecent or obscene exposure pursuant to NRS 201.220;

      (f) Lewdness with a child pursuant to NRS 201.230;

      (g) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (h) Luring a child or person with mental illness pursuant to NRS 201.560, if punishable as a felony; or

      (i) An attempt to commit an offense listed in this subsection.

      Sec. 10. NRS 62F.100 is hereby amended to read as follows:

      62F.100  As used in NRS 62F.100 to 62F.150, inclusive, unless the context otherwise requires, “sexual offense” means:

      1.  Sexual assault pursuant to NRS 200.366;

      2.  Battery with intent to commit sexual assault pursuant to NRS 200.400;

      3.  An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

      4.  Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony;

      5.  Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony;

      6.  Lewdness with a child pursuant to NRS 201.230;

      7.  Sexual penetration of a dead human body pursuant to NRS 201.450;

      8.  Luring a child or person with mental illness pursuant to NRS 201.560, if punishable as a felony; or

      9.  An attempt to commit an offense listed in this section, if punishable as a felony.

 


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      Sec. 11. NRS 62F.225 is hereby amended to read as follows:

      62F.225  1.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

      (c) Lewdness with a child pursuant to NRS 201.230;

      (d) An attempt or conspiracy to commit an offense listed in paragraph (a), (b) or (c), if punishable as a felony;

      (e) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193; or

      (f) An aggravated sexual offense.

      2.  The term does not include an offense involving consensual sexual conduct if the victim was:

      (a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or

      (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      Sec. 12. NRS 62G.223 is hereby amended to read as follows:

      62G.223  1.  A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving [pornography and a minor;] child sexual abuse material;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

             (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

 


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

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  A department of juvenile justice services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, must submit to the department of juvenile justice services:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  The department of juvenile justice services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A department of juvenile justice services shall conduct an investigation of each employee of the department pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 13. NRS 62G.353 is hereby amended to read as follows:

      62G.353  1.  A department of juvenile justice services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, to determine:

 


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      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or an offense involving [pornography and a minor;] child sexual abuse material;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083 or contributory delinquency;

             (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

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

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a violation of an offense listed in paragraph (a).

      2.  A department of juvenile justice services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the department of juvenile justice services, or an employee of the department of juvenile justice services, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with the department of juvenile justice services, and each employee of the department of juvenile justice services, must submit to the department of juvenile justice services:

 


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      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the department of juvenile justice services to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  The department of juvenile justice services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the department of juvenile justice services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  A department of juvenile justice services shall conduct an investigation of each employee of the department pursuant to this section at least once every 5 years after the initial investigation.

      7.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 14. NRS 62H.010 is hereby amended to read as follows:

      62H.010  1.  The fingerprints of a child must be taken if the child is in custody for an unlawful act that, if committed by an adult, would have been:

      (a) A felony, gross misdemeanor or sexual offense; or

      (b) A misdemeanor and the unlawful act involved:

             (1) The use or threatened use of force or violence against the victim; or

             (2) The possession, use or threatened use of a firearm or a deadly weapon.

      2.  The fingerprints of a child who is in custody but who is not subject to the provisions of subsection 1 may be taken if a law enforcement officer finds latent fingerprints during the investigation of an offense and the officer has reason to believe that the latent fingerprints are those of the child. The officer shall use the fingerprints taken from the child to make an immediate comparison with the latent fingerprints. If the comparison is:

      (a) Negative, the fingerprint card and other copies of the fingerprints taken may be immediately destroyed or may be retained for future use.

      (b) Positive, the fingerprint card and other copies of the fingerprints:

             (1) Must be delivered to the juvenile court for disposition if the child is referred to the juvenile court.

             (2) May be immediately destroyed or may be retained for future use if the child is not referred to the juvenile court.

      3.  Fingerprints that are taken from a child pursuant to the provisions of this section:

      (a) May be retained in a local file or a local system for the automatic retrieval of fingerprints if they are retained under special security measures that limit inspection of the fingerprints to law enforcement officers who are conducting criminal investigations. If the child from whom the fingerprints are taken subsequently is not adjudicated delinquent, the parent or guardian of the child or, when the child becomes at least 18 years of age, the child may petition the juvenile court for the removal of the fingerprints from any local file or local system.

 


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of the child or, when the child becomes at least 18 years of age, the child may petition the juvenile court for the removal of the fingerprints from any local file or local system.

      (b) Must be submitted to the Central Repository if the child is adjudicated delinquent for an unlawful act that would have been a felony or a sexual offense if committed by an adult, and may be submitted to the Central Repository for any other act. Any such fingerprints submitted to the Central Repository must be submitted with a description of the child and the unlawful act, if any, that the child committed. The Central Repository shall retain the fingerprints and information of the child under special security measures that limit inspection of the fingerprints and the information to:

             (1) Law enforcement officers who are conducting criminal investigations; and

             (2) Officers and employees of the Central Repository who are assisting law enforcement officers with criminal investigations or who are conducting research or performing a statistical analysis.

      (c) Must not be submitted to the Federal Bureau of Investigation unless the child is adjudicated delinquent for an unlawful act that would have been a felony or a sexual offense if committed by an adult.

      4.  A child who is in custody must be photographed for the purpose of identification. Except as otherwise provided in this subsection, the photographs of the child must be kept in the file pertaining to the child under special security measures which provide that the photographs may be inspected only to conduct criminal investigations and photographic lineups. If the juvenile court subsequently determines that the child is not delinquent, the juvenile court shall order the photographs to be destroyed.

      5.  Any person who willfully violates any provision of this section is guilty of a misdemeanor.

      6.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Open or gross lewdness pursuant to NRS 201.210;

      (g) Indecent or obscene exposure pursuant to NRS 201.220;

      (h) Lewdness with a child pursuant to NRS 201.230;

      (i) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (j) Luring a child or person with mental illness pursuant to NRS 201.560, if punishable as a felony;

      (k) An attempt to commit an offense listed in paragraphs (a) to (j), inclusive; or

      (l) An offense that is determined to be sexually motivated pursuant to NRS 175.547.

      Sec. 15. NRS 62H.220 is hereby amended to read as follows:

      62H.220  1.  For each child adjudicated delinquent for an unlawful act that would have been a sexual offense if committed by an adult, the Division of Child and Family Services shall collect from the juvenile courts, local juvenile probation departments and the staff of the youth correctional services, as directed by the Department of Health and Human Services:

 


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      (a) The information listed in NRS 62H.210;

      (b) The name of the child; and

      (c) All information concerning programs of treatment in which the child participated that:

             (1) Were directly related to the delinquent act committed by the child; or

             (2) Were designed or utilized to prevent the commission of another such act by the child in the future.

      2.  The Division of Child and Family Services shall provide the information collected pursuant to subsection 1 to the Director of the Department of Health and Human Services for use in the program established pursuant to NRS 62H.300, 62H.310 and 62H.320.

      3.  Except as otherwise provided in NRS 239.0115, all information containing the name of the child and all information relating to programs of treatment in which the child participated is confidential and must not be used for a purpose other than that provided for in this section and NRS 62H.320.

      4.  As used in this section, “sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Open or gross lewdness pursuant to NRS 201.210;

      (g) Indecent or obscene exposure pursuant to NRS 201.220;

      (h) Lewdness with a child pursuant to NRS 201.230;

      (i) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (j) Luring a child using a computer, system or network pursuant to NRS 201.560, if punished as a felony;

      (k) Annoyance or molestation of a minor pursuant to NRS 207.260;

      (l) An attempt to commit an offense listed in paragraphs (a) to (k), inclusive;

      (m) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

      (n) An offense committed in another jurisdiction that, if committed in this State, would have been an offense listed in this subsection.

      Sec. 16. NRS 62H.310 is hereby amended to read as follows:

      62H.310  As used in this section and NRS 62H.300 and 62H.320:

      1.  “Juvenile sex offender” means a child adjudicated delinquent for an act that, if committed by an adult, would be a sexual offense.

      2.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

      (e) Incest pursuant to NRS 201.180;

      (f) Open or gross lewdness pursuant to NRS 201.210;

      (g) Indecent or obscene exposure pursuant to NRS 201.220;

      (h) Lewdness with a child pursuant to NRS 201.230;

      (i) Sexual penetration of a dead human body pursuant to NRS 201.450;

 


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      (j) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

      (k) An attempt to commit an offense listed in paragraphs (a) to (j), inclusive;

      (l) An offense that is determined to be sexually motivated pursuant to NRS 175.547; or

      (m) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection.

      Sec. 17. NRS 127.1869 is hereby amended to read as follows:

      127.1869  1.  If the court determines that tribal customary adoption is in the best interests, as described in NRS 125E.230, of a ward who is an Indian child and the Indian child’s tribe consents to the tribal customary adoption:

      (a) The appropriate agency which provides child welfare services shall provide the Indian child’s tribe and proposed tribal customary adoptive parents with a written report on the Indian child, including, without limitation, to the extent not otherwise prohibited by state or federal law, the medical background, if known, of the Indian child’s parents, and the Indian child’s educational information, developmental history and medical background, including all known diagnostic information, current medical reports and any psychological evaluations.

      (b) The court shall accept a tribal customary adoptive home study conducted by the Indian child’s tribe if the home study:

             (1) Includes federal criminal background checks, including reports of child abuse, that meet the standards applicable under the laws of this State for all other proposed adoptive placements;

             (2) Uses the prevailing social and cultural standards of the Indian child’s tribe as the standards for evaluation of the proposed adoptive placement;

             (3) Includes an evaluation of the background, safety and health information of the proposed adoptive placement, including the biological, psychological and social factors of the proposed adoptive placement and assessment of the commitment, capability and suitability of the proposed adoptive placement to meet the Indian child’s needs; and

             (4) Except where the proposed adoptive placement is the Indian child’s current foster care placement, is completed before the placement of the Indian child in the proposed adoptive placement.

      (c) Notwithstanding subsection 2, the court may not accept the tribe’s order or judgment of tribal customary adoption if any adult living in the proposed adoptive placement has a felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child [pornography,] sexual abuse material, or a crime involving violence. The Division shall, by regulation, define “crime involving violence” for the purposes of this paragraph. The definition must include rape, sexual assault and homicide, but must not include other physical assault or battery.

      2.  The court shall accept an order or judgment for tribal customary adoption that is filed by the Indian child’s tribe if:

      (a) The court determines that tribal customary adoption is an appropriate permanent placement option for the Indian child;

      (b) The court finds that the tribal customary adoption is in the Indian child’s best interests, as described in NRS 125E.230; and

 


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      (c) The order or judgment:

             (1) Includes a description of the modification of the legal relationship of the Indian child’s parents or Indian custodian and the Indian child, including any contact between the Indian child and the Indian child’s parents or Indian custodian, responsibilities of the Indian child’s parents or Indian custodian and the rights of inheritance of the parents and Indian child;

             (2) Includes a description of the Indian child’s legal relationship with the tribe; and

             (3) Does not include any child support obligation from the Indian child’s parents or Indian custodian.

Ê The court shall afford full faith and credit to a tribal customary adoption order or judgment that is accepted under this subsection.

      3.  A tribal customary adoptive parent is not required to file a petition for adoption when the court accepts a tribal customary adoption order or judgment under subsection 2. The clerk of the court may not charge or collect a fee for a proceeding under this subsection.

      4.  After accepting a tribal customary adoption order or judgment under subsection 2, the court that accepted the order or judgment shall proceed as provided in NRS 127.150 and enter an order or decree of adoption. In addition to the requirements under NRS 127.151, the order or decree of adoption must include a statement that any parental rights or obligations not specified in the order or decree are transferred to the tribal customary adoptive parents and a description of any parental rights or duties retained by the Indian child’s parents, the rights of inheritance of the parents and Indian child and the Indian child’s legal relationship with the child’s tribe.

      5.  A tribal customary adoption under this section does not require the consent of the Indian child or the child’s parents.

      6.  Upon the court’s entry of an order or decree of adoption under this section, the court’s jurisdiction over the Indian child terminates.

      7.  Any parental rights or obligations not specifically retained by the Indian child’s parents in the order or decree of adoption are conclusively presumed to transfer to the tribal customary adoptive parents.

      8.  This section remains operative only to the extent that compliance with the provisions of this section do not conflict with federal law as a condition of receiving funding under Title IV-E of the Social Security Act, 42 U.S.C. §§ [601] 670 et seq.

      9.  The Division shall adopt regulations requiring that any report regarding a ward who is an Indian child that an agency which provides child welfare services submits to the court, including any home studies, placement reports or other reports required by law must address tribal customary adoption as a permanency option. The Supreme Court may adopt rules necessary for the court processes to implement the provisions of this section, and the Court Administrator may prepare necessary forms for the implementation of this section.

      10.  As used in this section, “tribal customary adoption” means the adoption of an Indian child, by and through the tribal custom, traditions or law of the child’s tribe, and which may be effected without the termination of parental rights.

      Sec. 18. NRS 176.133 is hereby amended to read as follows:

      176.133  As used in NRS 176.133 to 176.161, inclusive, unless the context otherwise requires:

 


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      1.  “Person professionally qualified to conduct psychosexual evaluations” means a person who has received training in conducting psychosexual evaluations and is:

      (a) A psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology, Inc.;

      (b) A psychologist licensed to practice in this State;

      (c) A social worker holding a master’s degree in social work and licensed in this State as a clinical social worker;

      (d) A registered nurse holding a master’s degree in the field of psychiatric nursing and licensed to practice professional nursing in this State;

      (e) A marriage and family therapist licensed in this State pursuant to chapter 641A of NRS; or

      (f) A clinical professional counselor licensed in this State pursuant to chapter 641A of NRS.

      2.  “Psychosexual evaluation” means an evaluation conducted pursuant to NRS 176.139.

      3.  “Sexual offense” means:

      (a) Sexual assault pursuant to NRS 200.366;

      (b) Statutory sexual seduction pursuant to NRS 200.368, if punished as a felony;

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400;

      (d) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation and is punished as a felony;

      (e) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

      (f) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975;

      (g) Incest pursuant to NRS 201.180;

      (h) Open or gross lewdness pursuant to NRS 201.210, if punished as a felony;

      (i) Indecent or obscene exposure pursuant to NRS 201.220, if punished as a felony;

      (j) Lewdness with a child pursuant to NRS 201.230;

      (k) Soliciting a child for prostitution pursuant to NRS 201.354;

      (l) Sexual penetration of a dead human body pursuant to NRS 201.450;

      (m) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;

      (n) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;

      (o) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

      (p) An attempt to commit an offense listed in paragraphs (a) to (o), inclusive, if punished as a felony; or

      (q) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      Sec. 19. NRS 176A.110 is hereby amended to read as follows:

      176A.110  1.  The court shall not grant probation to or suspend the sentence of a person convicted of an offense listed in subsection 3 unless:

      (a) If a psychosexual evaluation of the person is required pursuant to NRS 176.139, the person who conducts the psychosexual evaluation certifies in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or

 


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in the report prepared pursuant to NRS 176.139 that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment; or

      (b) If a psychosexual evaluation of the person is not required pursuant to NRS 176.139, a psychologist licensed to practice in this State who is trained to conduct psychosexual evaluations or a psychiatrist licensed to practice medicine in this State who is certified by the American Board of Psychiatry and Neurology, Inc., and is trained to conduct psychosexual evaluations certifies in a written report to the court that the person convicted of the offense does not represent a high risk to reoffend based upon a currently accepted standard of assessment.

      2.  This section does not create a right in any person to be certified or to continue to be certified. No person may bring a cause of action against the State, its political subdivisions, or the agencies, boards, commissions, departments, officers or employees of the State or its political subdivisions for not certifying a person pursuant to this section or for refusing to consider a person for certification pursuant to this section.

      3.  The provisions of this section apply to a person convicted of any of the following offenses:

      (a) Attempted sexual assault of a person who is 16 years of age or older pursuant to NRS 200.366.

      (b) Statutory sexual seduction pursuant to NRS 200.368.

      (c) Battery with intent to commit sexual assault pursuant to NRS 200.400.

      (d) Abuse or neglect of a child pursuant to NRS 200.508.

      (e) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive.

      (f) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975.

      (g) Incest pursuant to NRS 201.180.

      (h) Open or gross lewdness pursuant to NRS 201.210.

      (i) Indecent or obscene exposure pursuant to NRS 201.220.

      (j) Soliciting a child for prostitution pursuant to NRS 201.354.

      (k) Sexual penetration of a dead human body pursuant to NRS 201.450.

      (l) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

      (m) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

      (n) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      (o) A violation of NRS 207.180.

      (p) An attempt to commit an offense listed in paragraphs (b) to (o), inclusive.

      (q) Coercion or attempted coercion that is determined to be sexually motivated pursuant to NRS 207.193.

      Sec. 20. NRS 176A.413 is hereby amended to read as follows:

      176A.413  1.  Except as otherwise provided in subsection 2, if a defendant is convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575, an offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive, luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation of NRS 201.553 which involved the use of an electronic communication device and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

 


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subsection 4 of NRS 201.560 or a violation of NRS 201.553 which involved the use of an electronic communication device and the court grants probation or suspends the sentence, the court shall, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      2.  The court is not required to impose a condition of probation or suspension of sentence set forth in subsection 1 if the court finds that:

      (a) The use of a computer by the defendant will assist a law enforcement agency or officer in a criminal investigation;

      (b) The defendant will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

      (c) The use of the computer by the defendant will assist companies that require the use of the specific technological knowledge of the defendant that is unique and is otherwise unavailable to the company.

      3.  Except as otherwise provided in subsection 1, if a defendant is convicted of an offense that involved the use of a computer, system or network and the court grants probation or suspends the sentence, the court may, in addition to any other condition ordered pursuant to NRS 176A.400, order as a condition of probation or suspension that the defendant not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      4.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735 and includes, without limitation, an electronic communication device.

      (b) “Electronic communication device” has the meaning ascribed to it in NRS 200.737.

      (c) “Network” has the meaning ascribed to it in NRS 205.4745.

      (d) “System” has the meaning ascribed to it in NRS 205.476.

      (e) “Text messaging” has the meaning ascribed to it in NRS 200.575.

      Sec. 21. NRS 178.5698 is hereby amended to read as follows:

      178.5698  1.  The prosecuting attorney, sheriff or chief of police shall, upon the request of a victim or witness, inform the victim or witness:

      (a) When the defendant is released from custody at any time before or during the trial, including, without limitation, when the defendant is released pending trial or subject to electronic supervision;

      (b) If the defendant is so released, the amount of bail required, if any; and

      (c) Of the final disposition of the criminal case in which the victim or witness was directly involved.

      2.  A request for information pursuant to subsection 1 must be made:

      (a) In writing; or

      (b) By telephone through an automated or computerized system of notification, if such a system is available.

      3.  If an offender is convicted of a sexual offense or an offense involving the use or threatened use of force or violence against the victim, the court shall provide:

      (a) To each witness, documentation that includes:

             (1) A form advising the witness of the right to be notified pursuant to subsection 5;

             (2) The form that the witness must use to request notification in writing; and

 


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             (3) The form or procedure that the witness must use to provide a change of address after a request for notification has been submitted.

      (b) To each person listed in subsection 4, documentation that includes:

             (1) A form advising the person of the right to be notified pursuant to subsection 5 or 6 and NRS 176.015, 176A.630, 178.4715, 209.392, 209.3923, 209.3925, 209.429, 209.521, 213.010, 213.040, 213.095 and 213.131 or NRS 213.10915;

             (2) The forms that the person must use to request notification; and

             (3) The forms or procedures that the person must use to provide a change of address after a request for notification has been submitted.

      4.  The following persons are entitled to receive documentation pursuant to paragraph (b) of subsection 3:

      (a) A person against whom the offense is committed.

      (b) A person who is injured as a direct result of the commission of the offense.

      (c) If a person listed in paragraph (a) or (b) is under the age of 18 years, each parent or guardian who is not the offender.

      (d) Each surviving spouse, parent and child of a person who is killed as a direct result of the commission of the offense.

      (e) A relative of a person listed in paragraphs (a) to (d), inclusive, if the relative requests in writing to be provided with the documentation.

      5.  Except as otherwise provided in subsection 6, if the offense was a felony and the offender is imprisoned, the warden of the prison shall, if the victim or witness so requests in writing and provides a current address, notify the victim or witness at that address when the offender is released from the prison.

      6.  If the offender was convicted of a violation of subsection 3 of NRS 200.366 or a violation of subsection 1, paragraph (a) of subsection 2 or subparagraph (2) of paragraph (b) of subsection 2 of NRS 200.508, the warden of the prison shall notify:

      (a) The immediate family of the victim if the immediate family provides their current address;

      (b) Any member of the victim’s family related within the third degree of consanguinity, if the member of the victim’s family so requests in writing and provides a current address; and

      (c) The victim, if the victim will be 18 years of age or older at the time of the release and has provided a current address,

Ê before the offender is released from prison.

      7.  The warden must not be held responsible for any injury proximately caused by the failure to give any notice required pursuant to this section if no address was provided to the warden or if the address provided is inaccurate or not current.

      8.  As used in this section:

      (a) “Immediate family” means any adult relative of the victim living in the victim’s household.

      (b) “Sexual offense” means:

             (1) Sexual assault pursuant to NRS 200.366;

             (2) Statutory sexual seduction pursuant to NRS 200.368;

             (3) Battery with intent to commit sexual assault pursuant to NRS 200.400;

             (4) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive;

 


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             (5) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975;

             (6) Incest pursuant to NRS 201.180;

             (7) Open or gross lewdness pursuant to NRS 201.210;

             (8) Indecent or obscene exposure pursuant to NRS 201.220;

             (9) Lewdness with a child pursuant to NRS 201.230;

             (10) Sexual penetration of a dead human body pursuant to NRS 201.450;

             (11) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540;

             (12) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550;

             (13) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony;

             (14) An offense that, pursuant to a specific statute, is determined to be sexually motivated; or

             (15) An attempt to commit an offense listed in this paragraph.

      Sec. 22. NRS 179.245 is hereby amended to read as follows:

      179.245  1.  Except as otherwise provided in subsection 6 and NRS 176.211, 176A.245, 176A.265, 176A.295, 179.247, 179.259, 201.354 and 453.3365, a person may petition the court in which the person was convicted for the sealing of all records relating to a conviction of:

      (a) A category A felony, a crime of violence or residential burglary pursuant to NRS 205.060 after 10 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (b) Except as otherwise provided in paragraphs (a) and (e), a category B, C or D felony after 5 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (c) A category E felony after 2 years from the date of release from actual custody or discharge from parole or probation, whichever occurs later;

      (d) Except as otherwise provided in paragraph (e), any gross misdemeanor after 2 years from the date of release from actual custody or discharge from probation, whichever occurs later;

      (e) A violation of NRS 422.540 to 422.570, inclusive, a violation of NRS 484C.110 or 484C.120 other than a felony, or a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony, after 7 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later;

      (f) Except as otherwise provided in paragraph (e), if the offense is punished as a misdemeanor, a battery pursuant to NRS 200.481, harassment pursuant to NRS 200.571, stalking pursuant to NRS 200.575 or a violation of a temporary or extended order for protection, after 2 years from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later; or

      (g) Any other misdemeanor after 1 year from the date of release from actual custody or from the date when the person is no longer under a suspended sentence, whichever occurs later.

      2.  A petition filed pursuant to subsection 1 must:

      (a) Be accompanied by the petitioner’s current, verified records received from the Central Repository for Nevada Records of Criminal History;

      (b) If the petition references NRS 453.3365, include a certificate of acknowledgment or the disposition of the proceedings for the records to be sealed from all agencies of criminal justice which maintain such records;

 


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      (c) Include a list of any other public or private agency, company, official or other custodian of records that is reasonably known to the petitioner to have possession of records of the conviction and to whom the order to seal records, if issued, will be directed;

      (d) Include information that, to the best knowledge and belief of the petitioner, accurately and completely identifies the records to be sealed, including, without limitation, the:

             (1) Date of birth of the petitioner;

             (2) Specific conviction to which the records to be sealed pertain; and

             (3) Date of arrest relating to the specific conviction to which the records to be sealed pertain; and

      (e) If applicable, include a statement from the petitioner certifying that at the time the crime for which the records to be sealed was committed, the petitioner was being sex trafficked pursuant to NRS 201.300.

      3.  Upon receiving a petition pursuant to this section, the court shall notify the law enforcement agency that arrested the petitioner for the crime and the prosecuting attorney, including, without limitation, the Attorney General, who prosecuted the petitioner for the crime. The prosecuting attorney and any person having relevant evidence may testify and present evidence at any hearing on the petition.

      4.  If the prosecuting agency that prosecuted the petitioner for the crime stipulates to the sealing of the records, the court shall apply the presumption set forth in NRS 179.2445 and seal the records. If the prosecuting agency does not stipulate to the sealing of the records or does not file a written objection within 30 days after receiving notification pursuant to subsection 3 and the court makes the findings set forth in subsection 5, the court may order the sealing of the records in accordance with subsection 5 without a hearing. If the court does not order the sealing of the records or the prosecuting agency files a written objection, a hearing on the petition must be conducted. At the hearing, unless an objecting party presents evidence sufficient to rebut the presumption set forth in NRS 179.2445, the court shall apply the presumption and seal the records.

      5.  If the court finds that, in the period prescribed in subsection 1, the petitioner has not been charged with any offense for which the charges are pending or convicted of any offense, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of any agency of criminal justice or any public or private agency, company, official or other custodian of records in the State of Nevada, and may also order all such records of the petitioner returned to the file of the court where the proceeding was commenced from, including, without limitation, the Federal Bureau of Investigation and all other agencies of criminal justice which maintain such records and which are reasonably known by either the petitioner or the court to have possession of such records.

      6.  A person may not petition the court to seal records relating to a conviction of:

      (a) A crime against a child;

      (b) A sexual offense;

      (c) Invasion of the home with a deadly weapon pursuant to NRS 205.067;

      (d) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;

 


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      (e) A violation of NRS 484C.430;

      (f) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

      (g) A violation of NRS 488.410 that is punishable as a felony pursuant to NRS 488.427; or

      (h) A violation of NRS 488.420 or 488.425.

      7.  The provisions of paragraph (e) of subsection 1 and paragraph (d) of subsection 6 must not be construed to preclude a person from being able to petition the court to seal records relating to a conviction for a violation of NRS 484C.110 or 484C.120 pursuant to this section if the person was found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to:

      (a) Paragraph (b) of subsection 1 of NRS 484C.400; or

      (b) Paragraph (c) of subsection 1 of NRS 484C.400 but had a judgment of conviction entered against him or her for a violation of paragraph (b) of subsection 1 of NRS 484C.400 because the person participated in the statewide sobriety and drug monitoring program established pursuant to NRS 484C.392.

      8.  If the court grants a petition for the sealing of records pursuant to this section, upon the request of the person whose records are sealed, the court may order sealed all records of the civil proceeding in which the records were sealed.

      9.  Notwithstanding any other provision of law, no fee may be charged by any court or agency of criminal justice in this State related to a petition for the sealing of records pursuant to this section if, at the time the crime for which the records to be sealed was committed, the petitioner was being sex trafficked pursuant to NRS 201.300. As used in this subsection, “fee” includes, without limitation, any fee to file a petition, obtain fingerprints if provided by a governmental agency of this State, obtain any records of criminal history, obtain records of past arrests and convictions or obtain or certify copies of documents pursuant to NRS 19.013 and any other fee related to the sealing of records pursuant to this section.

      10.  As used in this section:

      (a) “Crime against a child” has the meaning ascribed to it in NRS 179D.0357.

      (b) “Sexual offense” means:

             (1) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

             (2) Sexual assault pursuant to NRS 200.366.

             (3) Statutory sexual seduction pursuant to NRS 200.368, if punishable as a felony.

             (4) Battery with intent to commit sexual assault pursuant to NRS 200.400.

             (5) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this paragraph.

 


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             (6) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence, if the crime of violence is an offense listed in this paragraph.

             (7) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

             (8) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive.

             (9) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975.

             (10) Incest pursuant to NRS 201.180.

             (11) Open or gross lewdness pursuant to NRS 201.210, if punishable as a felony.

             (12) Indecent or obscene exposure pursuant to NRS 201.220, if punishable as a felony.

             (13) Lewdness with a child pursuant to NRS 201.230.

             (14) Sexual penetration of a dead human body pursuant to NRS 201.450.

             (15) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

             (16) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

             (17) Luring a child or a person with mental illness pursuant to NRS 201.560, if punishable as a felony.

             (18) An attempt to commit an offense listed in this paragraph.

      Sec. 23. NRS 179A.073 is hereby amended to read as follows:

      179A.073  1.  “Sexual offense” includes acts upon a child constituting:

      (a) Sexual assault under NRS 200.366;

      (b) Statutory sexual seduction under NRS 200.368;

      (c) Use of a minor in producing [pornography] child sexual abuse material under NRS 200.710;

      (d) Promotion of a sexual performance of a minor under NRS 200.720;

      (e) Possession of a visual presentation depicting the sexual conduct of a child under NRS 200.730;

      (f) Incest under NRS 201.180;

      (g) Lewdness with a child under NRS 201.230; or

      (h) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      2.  “Sexual offense” also includes acts committed outside the State that would constitute any of the offenses in subsection 1 if committed in the State, and the aiding, abetting, attempting or conspiring to engage in any of the offenses in subsection 1.

      Sec. 24. NRS 179D.097 is hereby amended to read as follows:

      179D.097  1.  “Sexual offense” means any of the following offenses:

      (a) Murder of the first degree committed in the perpetration or attempted perpetration of sexual assault or of sexual abuse or sexual molestation of a child less than 14 years of age pursuant to paragraph (b) of subsection 1 of NRS 200.030.

      (b) Sexual assault pursuant to NRS 200.366.

      (c) Statutory sexual seduction pursuant to NRS 200.368.

      (d) Battery with intent to commit sexual assault pursuant to subsection 4 of NRS 200.400.

 


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      (e) An offense involving the administration of a drug to another person with the intent to enable or assist the commission of a felony pursuant to NRS 200.405, if the felony is an offense listed in this subsection.

      (f) An offense involving the administration of a controlled substance to another person with the intent to enable or assist the commission of a crime of violence, if the crime of violence is an offense listed in this section.

      (g) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation.

      (h) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive.

      (i) Fertility fraud pursuant to paragraph (a) of subsection 1 of NRS 200.975.

      (j) Incest pursuant to NRS 201.180.

      (k) Open or gross lewdness pursuant to NRS 201.210.

      (l) Indecent or obscene exposure pursuant to NRS 201.220.

      (m) Lewdness with a child pursuant to NRS 201.230.

      (n) Sexual penetration of a dead human body pursuant to NRS 201.450.

      (o) Sexual conduct between certain employees of a school or volunteers at a school and a pupil pursuant to NRS 201.540.

      (p) Sexual conduct between certain employees of a college or university and a student pursuant to NRS 201.550.

      (q) Luring a child or a person with mental illness pursuant to NRS 201.560, if punished as a felony.

      (r) Sex trafficking pursuant to NRS 201.300.

      (s) Any other offense that has an element involving a sexual act or sexual conduct with another.

      (t) An attempt or conspiracy to commit an offense listed in paragraphs (a) to (s), inclusive.

      (u) An offense that is determined to be sexually motivated pursuant to NRS 175.547 or 207.193.

      (v) An offense committed in another jurisdiction that, if committed in this State, would be an offense listed in this subsection. This paragraph includes, without limitation, an offense prosecuted in:

             (1) A tribal court.

             (2) A court of the United States or the Armed Forces of the United States.

      (w) An offense of a sexual nature committed in another jurisdiction, whether or not the offense would be an offense listed in this section, if the person who committed the offense resides or has resided or is or has been a student or worker in any jurisdiction in which the person is or has been required by the laws of that jurisdiction to register as a sex offender because of the offense. This paragraph includes, without limitation, an offense prosecuted in:

             (1) A tribal court.

             (2) A court of the United States or the Armed Forces of the United States.

             (3) A court having jurisdiction over juveniles.

      2.  Except for the offenses described in paragraphs (o) and (p) of subsection 1, the term does not include an offense involving consensual sexual conduct if the victim was:

      (a) An adult, unless the adult was under the custodial authority of the offender at the time of the offense; or

 


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      (b) At least 13 years of age and the offender was not more than 4 years older than the victim at the time of the commission of the offense.

      Sec. 25. NRS 179D.115 is hereby amended to read as follows:

      179D.115  “Tier II offender” means an offender convicted of a crime against a child or a sex offender, other than a Tier III offender, whose crime against a child is punishable by imprisonment for more than 1 year or whose sexual offense:

      1.  If committed against a child, constitutes:

      (a) Luring a child pursuant to NRS 201.560, if punishable as a felony;

      (b) Abuse of a child pursuant to NRS 200.508, if the abuse involved sexual abuse or sexual exploitation;

      (c) An offense involving sex trafficking pursuant to NRS 201.300 or prostitution pursuant to NRS 201.320 or 201.395;

      (d) An offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive; or

      (e) Any other offense that is comparable to or more severe than the offenses described in 34 U.S.C. § 20911(3);

      2.  Involves an attempt or conspiracy to commit any offense described in subsection 1;

      3.  If committed in another jurisdiction, is an offense that, if committed in this State, would be an offense listed in this section. This subsection includes, without limitation, an offense prosecuted in:

      (a) A tribal court; or

      (b) A court of the United States or the Armed Forces of the United States; or

      4.  Is committed after the person becomes a Tier I offender if any of the person’s sexual offenses constitute an offense punishable by imprisonment for more than 1 year.

      Sec. 26. NRS 213.1258 is hereby amended to read as follows:

      213.1258  1.  Except as otherwise provided in subsection 2, if the Board releases on parole a prisoner convicted of stalking with the use of an Internet or network site, electronic mail, text messaging or any other similar means of communication pursuant to subsection 4 of NRS 200.575, an offense involving [pornography and a minor] child sexual abuse material pursuant to NRS 200.710 to 200.730, inclusive, luring a child or a person with mental illness through the use of a computer, system or network pursuant to paragraph (a) or (b) of subsection 4 of NRS 201.560 or a violation of NRS 201.553 which involved the use of an electronic communication device, the Board shall, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      2.  The Board is not required to impose a condition of parole set forth in subsection 1 if the Board finds that:

      (a) The use of a computer by the parolee will assist a law enforcement agency or officer in a criminal investigation;

      (b) The parolee will use the computer to provide technological training concerning technology of which the defendant has a unique knowledge; or

      (c) The use of the computer by the parolee will assist companies that require the use of the specific technological knowledge of the parolee that is unique and is otherwise unavailable to the company.

      3.  Except as otherwise provided in subsection 1, if the Board releases on parole a prisoner convicted of an offense that involved the use of a computer, system or network, the Board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

 


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computer, system or network, the Board may, in addition to any other condition of parole, require as a condition of parole that the parolee not own or use a computer, including, without limitation, use electronic mail, a chat room or the Internet.

      4.  As used in this section:

      (a) “Computer” has the meaning ascribed to it in NRS 205.4735 and includes, without limitation, an electronic communication device.

      (b) “Electronic communication device” has the meaning ascribed to it in NRS 200.737.

      (c) “Network” has the meaning ascribed to it in NRS 205.4745.

      (d) “System” has the meaning ascribed to it in NRS 205.476.

      (e) “Text messaging” has the meaning ascribed to it in NRS 200.575.

      Sec. 27. NRS 217.050 is hereby amended to read as follows:

      217.050  “Personal injury” means:

      1.  Actual bodily harm or threat of bodily harm which results in a need for medical treatment;

      2.  In the case of a minor who was involved in the production of [pornography] child sexual abuse material in violation of NRS 200.710, 200.720, 200.725 or 200.730, any harm which results in a need for medical treatment or any psychological or psychiatric counseling, or both;

      3.  Any harm which results from sexual abuse; or

      4.  Any harm which results from a violation of NRS 200.5099 or 200.50995.

      Sec. 28. NRS 217.070 is hereby amended to read as follows:

      217.070  1.  “Victim” means a person who suffers direct or threatened physical, financial or psychological harm as a result of the commission of a crime, including, without limitation:

      (a) A person who is injured or killed as the direct result of a criminal act;

      (b) A minor who was involved in the production of [pornography] child sexual abuse material in violation of NRS 200.710, 200.720, 200.725 or 200.730;

      (c) A minor who was sexually abused, as “sexual abuse” is defined in NRS 432B.100;

      (d) A person who is physically injured or killed as the direct result of a violation of NRS 484C.110 or any act or neglect of duty punishable pursuant to NRS 484C.430 or 484C.440;

      (e) A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene of a crash involving the driver and the pedestrian in violation of NRS 484E.010;

      (f) An older person or a vulnerable person who is abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 or 200.50995;

      (g) A person who is physically injured or killed as the direct result of an act of international terrorism as defined in 18 U.S.C. § 2331(1);

      (h) A person who is trafficked in violation of subsection 2 of NRS 201.300;

      (i) A veteran who experienced an act of sexual assault while serving on active duty, active duty for training or inactive duty training;

      (j) A person who is subjected to facilitating sex trafficking in violation of subsection 1 of NRS 201.301; or

      (k) A person who is an immediate family member of a victim who:

             (1) Is a minor;

             (2) Is physically or mentally incompetent; or

             (3) Was killed.

 


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      2.  The term includes any person who was harmed by an act listed in subsection 1, regardless of whether:

      (a) The person is a resident of this State, a citizen of the United States or is lawfully entitled to reside in the United States; or

      (b) The act was committed by an adult or a minor.

      Sec. 29. NRS 217.100 is hereby amended to read as follows:

      217.100  1.  Except as otherwise provided in subsection 5, any person eligible for compensation under the provisions of NRS 217.010 to 217.270, inclusive, may apply to the Director for such compensation not later than 24 months after the injury or death for which compensation is claimed or, for a person who is a victim of sex trafficking or facilitating sex trafficking, not later than 60 months after the injury or death for which compensation is claimed, unless waived by the Director or a person designated by the Director for good cause shown, and the personal injury or death was the result of an incident or offense that was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.

      2.  An order for the payment of compensation must not be made unless the application is made within the time set forth in subsection 1.

      3.  Where the person entitled to make application is:

      (a) A minor, the application may be made on his or her behalf by a parent or guardian.

      (b) Mentally incapacitated, the application may be made on his or her behalf by a parent, guardian or other person authorized to administer his or her estate.

      4.  The applicant must submit with his or her application the reports, if reasonably available, from all physicians who, at the time of or subsequent to the victim’s injury or death, treated or examined the victim in relation to the injury for which compensation is claimed.

      5.  The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of [pornography.] child sexual abuse material. Such a minor must apply for compensation before reaching 21 years of age.

      6.  As used in this section:

      (a) “Facilitating sex trafficking” means a violation of NRS 201.301.

      (b) “Sex trafficking” means a violation of subsection 2 of NRS 201.300.

      Sec. 30. NRS 220.125 is hereby amended to read as follows:

      220.125  1.  The Legislative Counsel shall, to the extent practicable, ensure that persons with physical, mental or cognitive disabilities are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disability as follows:

      (a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, “persons with disabilities,” “persons with mental illness,” “persons with developmental disabilities,” “persons with intellectual disabilities” and other words and terms that are structured in a similar manner.

      (b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “disabled,” “handicapped,” “mentally disabled,” “mentally ill,” “mentally retarded” and other words and terms that tend to equate the disability with the person.

 


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      2.  The Legislative Counsel shall, to the extent practicable, ensure that terms related to persons affected by addictive disorders are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disorder as follows:

      (a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, “addictive disorder,” “persons with addictive disorders,” “person with an addictive disorder,” “person with an addictive disorder related to gambling” and “substance use disorder.”

      (b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “addict,” “alcoholic,” “alcohol abuse,” “alcohol abuser,” “alcohol and drug abuser,” “drug abuse,” “drug addict,” “problem gambler,” “substance abuse” and “substance abuser.”

      3.  The Legislative Counsel shall, to the extent practicable, ensure that terms related to persons with mental illness are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her illness as follows:

      (a) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, “persons with mental illness” and other words and terms that are structured in a similar manner.

      (b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “insane” and “insanity.”

      4.  The Legislative Counsel shall, to the extent practicable, ensure that terms related to persons who are deaf or hard of hearing are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her condition. Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “deaf and dumb.”

      5.  The Legislative Counsel shall, to the extent practicable, ensure that:

      (a) Terms related to persons living with the human immunodeficiency virus are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to the human immunodeficiency virus as follows:

             (1) Words and terms that are preferred for use in Nevada Revised Statutes include, without limitation, “person living with the human immunodeficiency virus” and “person diagnosed with the human immunodeficiency virus.”

             (2) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “HIV positive” and “human immunodeficiency virus positive.”

      (b) The human immunodeficiency virus is referred to in Nevada Revised Statutes using language that refers only to the human immunodeficiency virus or HIV rather than using duplicative references to both the human immunodeficiency virus or HIV and acquired immunodeficiency syndrome, acquired immune deficiency syndrome or AIDS.

      (c) Duplicative references to both communicable diseases and the human immunodeficiency virus or HIV are not used in Nevada Revised Statutes.

      6.  The Legislative Counsel shall, to the extent practicable, ensure that terms related to items or materials that depict or describe a minor as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct are referred to in Nevada Revised Statutes using language that is commonly viewed as respectful and sentence structure which clearly indicates that a minor depicted or described in any such item or material is a victim as follows:

 


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sentence structure which clearly indicates that a minor depicted or described in any such item or material is a victim as follows:

      (a) Words and terms that are preferred in Nevada Revised Statutes include, without limitation, “child sexual abuse material” and words and terms that are structured in a similar manner.

      (b) Words and terms that are not preferred for use in Nevada Revised Statutes include, without limitation, “child pornography.”

      Sec. 31. NRS 233B.062 is hereby amended to read as follows:

      233B.062  1.  It is the policy of this State that every regulation of an agency be made easily accessible to the public and expressed in clear and concise language. To assist in carrying out this policy:

      (a) The Attorney General must develop guidelines for drafting regulations; and

      (b) Every permanent regulation must be incorporated, excluding any forms used by the agency, any publication adopted by reference, the title, any signature and other formal parts, in the Nevada Administrative Code, and every emergency or temporary regulation must be distributed in the same manner as the Nevada Administrative Code.

      2.  It is the policy of this State that:

      (a) Persons with physical, mental or cognitive disabilities and persons living with the human immunodeficiency virus are to be referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to the person’s disability or the human immunodeficiency virus, as applicable;

      (b) Terms related to persons affected by addictive disorders are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her disorder;

      (c) Terms related to persons with mental illness are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her illness;

      (d) Terms related to persons who are deaf or hard of hearing are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure that refers to the person before referring to his or her condition; [and]

      (e) References to only the human immunodeficiency virus or HIV should be used in the Nevada Administrative Code instead of duplicative references to both human immunodeficiency virus or HIV and acquired immunodeficiency syndrome, acquired immune deficiency syndrome or AIDS [,] ; and

      (f) Terms related to items or materials that depict or describe a minor as the subject of a sexual portrayal or engaging in or simulating, or assisting others to engage in or simulate, sexual conduct are referred to in the Nevada Administrative Code using language that is commonly viewed as respectful and sentence structure which clearly indicates that a minor depicted or described in any such item or material is a victim,

Ê in the same manner as provided in NRS 220.125 for Nevada Revised Statutes.

      3.  The Legislative Counsel shall:

      (a) Include each permanent regulation in the Nevada Administrative Code; and

 


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      (b) Distribute in the same manner as the Nevada Administrative Code each emergency or temporary regulation,

Ê that is required to be adopted pursuant to the provisions of this chapter and which is adopted by an entity other than an agency.

      4.  The Legislative Commission may authorize inclusion in the Nevada Administrative Code of the regulations of an agency otherwise exempted from the requirements of this chapter.

      Sec. 32. NRS 424.031 is hereby amended to read as follows:

      424.031  1.  The licensing authority or a person or entity designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for a license to conduct a foster home, person who is licensed to conduct a foster home, employee of that applicant or licensee, and resident of a foster home who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

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

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

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

      (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

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

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

      (i) Any offense relating to [pornography involving minors,] child sexual abuse material, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (k) A crime involving domestic violence that is punishable as a felony;

      (l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

      (n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

 


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      (o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

      2.  A licensing authority or a person or entity designated by the licensing authority may conduct an investigation of the background and personal history of a person who is 18 years of age or older who routinely supervises a child in a foster home in the same manner as described in subsection 1.

      3.  The licensing authority or its approved designee may charge each person investigated pursuant to this section for the reasonable cost of that investigation.

      4.  Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to subsection 1 shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person has been conducted.

      5.  The licensing authority or its designee:

      (a) Shall conduct an investigation of each licensee, employee and resident pursuant to this section at least once every 5 years after the initial investigation; and

      (b) May conduct an investigation of any person who is 18 years of age or older who routinely supervises a child in a foster home at such times as it deems appropriate.

      Sec. 33. NRS 424.145 is hereby amended to read as follows:

      424.145  1.  The licensing authority or a person designated by the licensing authority shall obtain from appropriate law enforcement agencies information on the background and personal history of each applicant for or holder of a license to conduct a foster care agency and each owner, member of the governing body, employee, paid consultant, contractor, volunteer or vendor of that applicant or licensee who may come into direct contact with a child placed by the foster care agency, to determine whether the person investigated has been arrested for, has charges pending for or has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

      (b) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

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

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

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

      (f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS;

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

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

 


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      (i) Any offense relating to [pornography involving minors,] child sexual abuse material, including, without limitation, a violation of any provision of NRS 200.700 to 200.760, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

      (j) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (k) A crime involving domestic violence that is punishable as a felony;

      (l) A crime involving domestic violence that is punishable as a misdemeanor, within the immediately preceding 7 years;

      (m) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

      (n) Any offense involving the sale, furnishing, purchase, consumption or possession of alcoholic beverages by a minor, including, without limitation, a violation of any provision of NRS 202.015 to 202.067, inclusive, or driving a vehicle under the influence of alcohol or a controlled substance in violation of chapter 484C of NRS or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years; or

      (o) An attempt or conspiracy to commit any of the offenses listed in this subsection within the immediately preceding 7 years.

      2.  Unless a preliminary Federal Bureau of Investigation Interstate Identification Index name-based check of the records of criminal history has been conducted pursuant to NRS 424.039, a person who is required to submit to an investigation pursuant to this section shall not have contact with a child in a foster home without supervision before the investigation of the background and personal history of the person is completed.

      3.  The licensing authority or its designee shall conduct an investigation of each holder of a license to conduct a foster care agency and each owner, member of a governing body, employee, paid consultant, contractor, volunteer or vendor who may come into direct contact with a child placed by the foster care agency pursuant to this section at least once every 5 years after the initial investigation.

      Sec. 34. NRS 432.150 is hereby amended to read as follows:

      432.150  As used in NRS 432.150 to 432.220, inclusive, unless the context otherwise requires:

      1.  “Clearinghouse” means the program established by the Attorney General pursuant to NRS 432.170.

      2.  “Director” means the Director of the Clearinghouse.

      3.  “Exploited child” means a person under the age of 18 years who has been:

      (a) Used in the production of [pornography] child sexual abuse material in violation of the provisions of NRS 200.710 [;] to 200.730, inclusive;

      (b) Subjected to sexual exploitation as defined in NRS 432B.110; or

      (c) Employed or exhibited in any injurious, immoral or dangerous business or occupation in violation of the provisions of NRS 609.210.

      4.  “Missing child” means a person under the age of 18 years who has run away or is otherwise missing from the lawful care, custody and control of a parent or guardian.

      Sec. 35. NRS 432A.170 is hereby amended to read as follows:

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

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

 


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

      (c) Method of operation for the facility; and

      (d) Policies and purposes of the applicant.

      2.  Subject to the provisions of subsection 7, the Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

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

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

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

      (e) Any crime against a child, including, without limitation, abuse, neglect or endangerment of a child, contributory delinquency or [pornography involving a minor;] child sexual abuse material;

      (f) Arson;

      (g) Assault;

      (h) Battery, including, without limitation, battery which constitutes domestic violence;

      (i) Kidnapping;

      (j) Any offense relating to the possession or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 5 years;

      (k) Any offense relating to the distribution or manufacture of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, including, without limitation, possession of a controlled substance for the purpose of sale;

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

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

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

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

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

      3.  Subject to the provisions of subsection 7, the Division shall request information concerning every applicant, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:

 


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

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

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

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

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

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

      (c) Operator of a small child care establishment before the operator begins operating the establishment, and then at least once every 5 years after the establishment begins operating.

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

      7.  The provisions of subsections 2, 3 and 5 apply to a small child care establishment and an operator of a small child care establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the Department pursuant to NRS 432A.1756.

      Sec. 36. NRS 432B.198 is hereby amended to read as follows:

      432B.198  1.  An agency which provides child welfare services shall secure from appropriate law enforcement agencies information on the background and personal history of each applicant for employment with the agency, and each employee of the agency, to determine:

      (a) Whether the applicant or employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

 


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             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving [pornography and a minor] child sexual abuse material or any other sexually related crime;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive, other than a violation of NRS 201.354 by engaging in prostitution;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083;

             (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

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

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the applicant or employee for a crime listed in paragraph (a).

      2.  An agency which provides child welfare services shall request information from:

      (a) The Statewide Central Registry concerning an applicant for employment with the agency, or an employee of the agency, to determine whether there has been a substantiated report of child abuse or neglect made against the applicant or employee; and

      (b) The central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years to ensure satisfactory clearance with that registry.

      3.  Each applicant for employment with an agency which provides child welfare services, and each employee of an agency which provides child welfare services, must submit to the agency:

      (a) A complete set of his or her fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (b) Written authorization for the agency to obtain any information that may be available from the Statewide Central Registry or the central registry of information concerning the abuse or neglect of a child established by any other state in which the applicant or employee resided within the immediately preceding 5 years.

      4.  An agency which provides child welfare services may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted pursuant to this section.

 


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      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the agency which provides child welfare services for a determination of whether the applicant or employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

      6.  An agency which provides child welfare services shall conduct an investigation of each employee of the agency pursuant to this section at least once every 5 years after the initial investigation.

      7.  For the purposes of this section, the period during which criminal charges are pending against an applicant or employee for a crime listed in paragraph (a) of subsection 1 begins when the applicant or employee is arrested for such a crime and ends when:

      (a) A determination is made as to the guilt or innocence of the applicant or employee with regard to such a crime at a trial or by a plea; or

      (b) The prosecuting attorney makes a determination to:

             (1) Decline charging the applicant or employee with a crime listed in paragraph (a) of subsection 1; or

             (2) Proceed with charges against the applicant or employee for only one or more crimes not listed in paragraph (a) of subsection 1.

      8.  As used in this section, “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100.

      Sec. 37. NRS 433B.183 is hereby amended to read as follows:

      433B.183  1.  A division facility which provides residential treatment to children shall secure from appropriate law enforcement agencies information on the background and personal history of each employee of the facility to determine:

      (a) Whether the employee has been convicted of:

             (1) Murder, voluntary manslaughter, involuntary manslaughter or mayhem;

             (2) Any other felony involving the use or threatened use of force or violence or the use of a firearm or other deadly weapon;

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

             (4) Battery which results in substantial bodily harm to the victim;

             (5) Battery that constitutes domestic violence that is punishable as a felony;

             (6) Battery that constitutes domestic violence, other than a battery described in subparagraph (5), within the immediately preceding 3 years;

             (7) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure, an offense involving [pornography and a minor] child sexual abuse material or any other sexually related crime;

             (8) A crime involving pandering or prostitution, including, without limitation, a violation of any provision of NRS 201.295 to 201.440, inclusive, other than a violation of NRS 201.354 by engaging in prostitution;

             (9) Abuse or neglect of a child, including, without limitation, a violation of any provision of NRS 200.508 or 200.5083;

            (10) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS within the immediately preceding 3 years;

             (11) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance that is punishable as a felony;

 


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             (12) A violation of any federal or state law prohibiting driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance, other than a violation described in subparagraph (11), within the immediately preceding 3 years;

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

             (14) Any offense involving arson, fraud, theft, embezzlement, burglary, robbery, fraudulent conversion, misappropriation of property or perjury within the immediately preceding 7 years; or

      (b) Whether there are criminal charges pending against the employee for a crime listed in paragraph (a).

      2.  An employee must submit to the Division a complete set of fingerprints and written authorization to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      3.  The Division may exchange with the Central Repository or the Federal Bureau of Investigation any information concerning the fingerprints submitted.

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

      5.  When a report from the Federal Bureau of Investigation is received by the Central Repository, the Central Repository shall immediately forward a copy of the report to the Division for a determination of whether the employee has criminal charges pending against him or her for a crime listed in paragraph (a) of subsection 1 or has been convicted of a crime listed in paragraph (a) of subsection 1.

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

      7.  The division facility shall conduct an investigation of each employee pursuant to this section at least once every 5 years after the initial investigation.

      8.  For the purposes of this section, the period during which criminal charges are pending against an employee for a crime listed in paragraph (a) of subsection 1 begins when the employee is arrested for such a crime and ends when:

      (a) A determination is made as to the guilt or innocence of the employee with regard to such a crime at a trial or by a plea; or

      (b) The prosecuting attorney makes a determination to:

             (1) Decline charging the employee with a crime listed in paragraph (a) of subsection 1; or

             (2) Proceed with charges against the employee for only one or more crimes not listed in paragraph (a) of subsection 1.

      Sec. 38.  This act becomes effective upon passage and approval.

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