[Rev. 8/22/2025 11:14:40 AM]

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CHAPTER 158, AB 519

Assembly Bill No. 519–Committee on Health and Human Services

 

CHAPTER 158

 

[Approved: May 30, 2025]

 

AN ACT relating to health care; establishing separate provisions for the licensing or certification, regulation and discipline of agencies to provide personal care services in the home, employment agencies that contract to provide certain nonmedical services and intermediary service organizations; enacting provisions to facilitate the collecting of certain debts from applicants for certain licenses; imposing certain requirements as an applicant for a certificate to operate an intermediary service organization; revising the training requirements for certain caregivers who receive reimbursement through Medicaid; authorizing a family member to serve as the personal care assistant for a recipient of Medicaid under certain circumstances; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensure and regulation of various types of medical facilities and facilities for the dependent by the Division of Public and Behavioral Health of the Department of Health and Human Services. (Chapter 449 of NRS) Existing law requires an agency to provide personal care services in the home to be licensed by the Division as a facility for the dependent. (NRS 449.0045, 449.030) Existing law requires an employment agency that contracts with persons in this State to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home to obtain a license from the State Board of Health. (NRS 449.03005) Existing law requires an intermediary service organization to obtain a certificate from the Division. (NRS 449.431) Existing law requires the Board to adopt regulations governing agencies to provide personal care services in the home, employment agencies that contract to provide nonmedical services related to personal care to elderly persons and persons with disabilities and intermediary service organizations. (NRS 449.03005, 449.0302, 449.4309)

      This bill transfers the provisions of law governing agencies to provide personal care services in the home, employment agencies that contract to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home and intermediary service organizations from the chapter of the Nevada Revised Statutes that generally governs medical facilities and facilities for the dependent to a new chapter in the Nevada Revised Statutes without changing the current substantive provisions that govern such agencies and organizations. Sections 2-19, 24-49, 51-60, 69-79 and 81-90 of this bill create a new chapter consisting of provisions for the licensure and regulation of such entities in a manner substantially identical to the manner in which those entities are licensed and regulated under existing law. Sections 94, 96-104 and 150 of this bill eliminate provisions governing those entities from the chapter of the Nevada Revised Statutes that regulates medical facilities and facilities for the dependent. Sections 93, 111, 113, 117, 118, 120-123, 126-133, 138 and 146 of this bill eliminate references to sections repealed by section 150. Sections 91, 92, 95 and 105-146 of this bill make various conforming changes so that the legal status of agencies to provide personal care services in the home, employment agencies that contract to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home and intermediary service organizations is not changed by this bill.

 


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      Existing federal law requires each state to adopt procedures to ensure that applicants for certain licenses and certificates comply with child support obligations, including by requiring an applicant for such a license to provide his or her social security number. (42 U.S.C. § 666) Sections 20, 21 and 50 of this bill enact such procedures as applicable to an applicant for the issuance or renewal of a license to operate an agency to provide personal care services in the home or an employment agency that contracts to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home in order to comply with federal law. Section 23 of this bill establishes alternate provisions for such an applicant who does not have a social security number. Section 22 of this bill also requires an applicant for the renewal of such a license to provide certain information for the purpose of identifying persons who owe certain debts to the State. Sections 65, 69, 74 and 76 of this bill establish similar provisions for intermediary service organizations, which were carried over from existing law. (NRS 449.4312, 449.4313, 449.4315, 449.432, 449.4322)

      Existing law requires: (1) an agency to provide personal care services in the home to file with the Administrator of the Division a surety bond or a substitute for a surety bond; and (2) an applicant for a license to operate an agency to provide personal care services in the home to undergo a criminal background check. (NRS 449.065, 449.067, 449.122) Sections 67, 68 and 80 of this bill impose similar requirements on intermediary service organizations.

      Existing law requires: (1) the Department to apply for a home and community-based services waiver to include structured family caregiving for certain persons as medical assistance under Medicaid; and (2) a caregiver providing care under that waiver to complete training required by the Aging and Disability Services Division of the Department. (NRS 422.3965) Sections 30 and 122 of this bill instead require such a caregiver to complete the same training that is required for unlicensed caregivers who provide care for an agency to provide personal care services in the home.

      Existing law requires the Director of the Department to include in the State Plan for Medicaid authorization for a recipient of Medicaid to be deemed a provider of services for the purposes of allowing the recipient to receive reimbursement for personal care services covered by Medicaid and using that money to pay for services provided by a personal care assistant or an agency to provide personal care services in the home. (NRS 422.272407) Section 120 of this bill authorizes a family member of a recipient of Medicaid to serve as a personal care assistant for a recipient of Medicaid if the family member: (1) completes the training required by section 30 for certain other caregivers; and (2) receives authorization from a provider of health care.

      Section 147 of this bill requires the Legislative Counsel to move regulations specifically relating to such entities to a new chapter of the Nevada Administrative Code that corresponds to the new chapter of the Nevada Revised Statutes created by sections 2-90. Section 147 also: (1) requires the Board to adopt new regulations to replace other regulations relating to those entities that remain in the chapter of the Nevada Administrative Code governing medical facilities and facilities for the dependent; and (2) provides that those existing regulations remain in effect until the Board adopts new regulations to replace them. Section 148 of this bill clarifies that this bill does not affect the validity of: (1) licenses or certificates to operate agencies to provide personal care services in the home, employment agencies that contract to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home and intermediary service organizations; (2) certain training completed by the operators, employees and contractors of such entities; or (3) disciplinary actions taken against such entities.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 40 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2 to 90, inclusive, of this act.

      Sec. 2. As used in this chapter, unless the context otherwise requires, the words and terms defined in sections 3 to 7, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 3. 1.  “Agency to provide personal care services in the home” means any person, other than a natural person, which provides services authorized pursuant to section 52 of this act to elderly persons or persons with disabilities in the home.

      2.  The term does not include:

      (a) An independent contractor who provides nonmedical services specified in section 52 of this act without the assistance of employees;

      (b) An organized group of persons composed of the family and friends of a person needing nonmedical services related to personal care that employs or contracts with persons to provide such nonmedical services for the person if:

             (1) The organization of the group of persons is set forth in a written document that is made available for review by the Division upon request; and

             (2) The services are provided to only one person or one family who resides in the same residence;

      (c) An intermediary service organization; or

      (d) A person or agency that contracts with the Aging and Disability Services Division of the Department of Health and Human Services to provide temporary respite services.

      3.  As used in this section:

      (a) “Intermediary service organization” has the meaning ascribed to it in section 59 of this act.

      (b) “Temporary respite services” means services provided through a contract with the Aging and Disability Services Division of the Department of Health and Human Services to a natural person on a periodic basis to provide a respite for a regular provider of services.

      Sec. 4. “Board” means the State Board of Health.

      Sec. 5. “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

      Sec. 6. “Employment agency” has the meaning ascribed to it in NRS 611.020.

      Sec. 7. “Nonmedical services related to personal care to elderly persons or persons with disabilities” includes, without limitation:

      1.  The elimination of wastes from the body;

      2.  Dressing and undressing;

      3.  Bathing;

      4.  Grooming;

      5.  The preparation and eating of meals;

      6.  Laundry;

      7.  Shopping;

 


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      8.  Cleaning;

      9.  Transportation; and

      10.  Any other minor needs related to the maintenance of personal hygiene.

      Sec. 8. Except as otherwise provided in section 12 of this act, no person, state or local government or agency thereof may operate or maintain in this State an agency to provide personal care services in the home without first obtaining a license as provided in sections 8 to 58, inclusive, of this act.

      Sec. 9. 1.  Except as otherwise provided in section 12 of this act, a person must obtain a license from the Board to operate an employment agency that contracts with persons in this State to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, regardless of whether the employment agency is located in this State.

      2.  The Board shall adopt:

      (a) Standards for licensing of employment agencies that contract to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home;

      (b) Standards relating to the fees charged by such employment agencies;

      (c) Regulations governing the licensing of such employment agencies; and

      (d) Regulations establishing requirements for training the persons who contract with such employment agencies to provide such nonmedical services.

      3.  An employment agency that is licensed pursuant to this section shall not refer a person to a home to provide nonmedical services related to personal care to elderly persons or persons with disabilities if that person has not met the requirements set forth in sections 36 to 40, inclusive, of this act.

      4.  A person who violates the provisions of subsection 3 is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second and subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of chapter 449A of NRS and sections 2 to 58, inclusive, of this act and to protect the health, safety, well-being and property of the persons served by the employment agencies.

      Sec. 10. 1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a license pursuant to sections 2 to 58, inclusive, of this act.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a license. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

 


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      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a license pursuant to sections 2 to 58, inclusive, of this act from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 11. The provisions of sections 2 to 58, inclusive, of this act do not apply to any agency to provide personal care services in the home that is operated and maintained by the United States Government or an agency thereof.

 


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      Sec. 12. A person who is licensed or certified pursuant to a provision of this chapter other than section 9 of this act or a provision of chapter 449 of NRS and who contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities is not required to obtain an additional license pursuant to section 9 of this act.

      Sec. 13. 1.  The Board shall adopt:

      (a) Licensing standards for agencies to provide personal care services in the home.

      (b) Regulations governing the licensing of such agencies.

      (c) Regulations that prescribe the specific types of discrimination prohibited by section 32 of this act.

      (d) Any other regulations as it deems necessary or convenient to carry out the provisions of sections 2 to 58, inclusive, of this act.

      2.  The Board shall require that the practices and policies of each agency to provide personal care services in the home provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person served by the agency.

      Sec. 14. 1.  The Board shall adopt regulations authorizing an employee of an agency to provide personal care services in the home, with the consent of the person receiving services, to:

      (a) Check, record and report the temperature, blood pressure, apical or radial pulse, respiration or oxygen saturation of a person receiving services from the agency;

      (b) Using an auto-injection device approved by the Food and Drug Administration for use in the home, administer to a person receiving services from the agency insulin furnished by a registered pharmacist, as directed by a physician, physician assistant or advanced practice registered nurse, or assist such a person with the self-administration of such insulin; and

      (c) Using a device for monitoring blood glucose approved by the Food and Drug Administration for use in the home, conduct a blood glucose test on a person receiving services from the agency or assist such a person to conduct a blood glucose test on himself or herself.

      2.  The regulations adopted pursuant to this section:

      (a) Must require the tasks described in subsection 1 to be performed in conformance with the Clinical Laboratory Improvement Amendments of 1988, Public Law No. 100-578, 42 U.S.C. § 263a, if applicable, and any other applicable federal law or regulation;

      (b) Must prohibit the use of a device for monitoring blood glucose on more than one person; and

      (c) May require a person to receive training before performing any task described in subsection 1.

      Sec. 15. 1.  Money received from the licensing of agencies to provide personal care services in the home must be forwarded to the State Treasurer for deposit in the State General Fund to the credit of the Division.

      2.  The Division shall enforce the provisions of sections 2 to 58, inclusive, of this act and may incur any necessary expenses not in excess of money authorized for that purpose by the State or received from the Federal Government.

 


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      Sec. 16. The Division may:

      1.  Upon receipt of an application for a license, conduct an investigation into the qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of an agency to provide personal care services in the home.

      2.  Upon receipt of a complaint against an agency to provide personal care services in the home, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation, policies, procedures and records of that agency or any other such agency which may have information pertinent to the complaint.

      3.  Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of this chapter.

      Sec. 17. 1.  Except as otherwise provided in this section, the Division may charge and collect from an agency to provide personal care services in the home or a person who operates such an agency without a license issued by the Division the actual costs incurred by the Division for the enforcement of the provisions of this chapter, including, without limitation, the actual cost of conducting an inspection or investigation of the agency.

      2.  The Division shall not charge and collect the actual cost for enforcement pursuant to subsection 1 if the enforcement activity is:

      (a) Related to the issuance or renewal of a license for which the Board charges a fee pursuant to sections 19 and 28 of this act; or

      (b) Conducted pursuant to an agreement with the Federal Government which has appropriated money for that purpose.

      3.  Any money collected pursuant to subsection 1 may be used by the Division to administer and carry out the provisions of this chapter and the regulations adopted pursuant thereto.

      Sec. 18. Any person, state or local government or agency thereof desiring a license under the provisions of sections 2 to 58, inclusive, of this act, must file with the Division an application, on a form prescribed, prepared and furnished by the Division, containing:

      1.  The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

      2.  The address of the principal place of business of the agency.

      3.  In specific terms, the nature of services and type of care to be offered, as defined in the regulations.

      4.  The name of the person in charge of the agency.

      5.  Such other information as may be required by the Division for the proper administration and enforcement of this chapter.

      6.  Evidence satisfactory to the Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof and the person in charge of the agency for which the application is made. If the applicant is a political subdivision of the State or other governmental agency, similar evidence must be submitted as to the person in charge of the entity for which application is made.

      7.  Evidence satisfactory to the Division of the ability of the applicant to comply with the provisions of sections 2 to 58, inclusive, of this act and the standards and regulations adopted by the Board.

 


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      Sec. 19. Each application for a license must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a license in installments and may fix the amount of each payment and the date that the payment is due.

      Sec. 20. An application for the issuance of a license pursuant to sections 2 to 58, inclusive, of this act must include the social security number of the applicant.

      Sec. 21. 1.  An applicant for the issuance or renewal of a license pursuant to sections 2 to 58, inclusive, of this act must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Division.

      3.  A license may not be issued or renewed by the Division pursuant to sections 2 to 58, inclusive, of this act if the applicant:

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

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

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

      Sec. 22. 1.  In addition to any other requirements set forth in sections 2 to 58, inclusive, of this act, an applicant for the renewal of a license pursuant to those sections must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A license issued pursuant to sections 2 to 58, inclusive, of this act may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

 


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             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 23. 1.  The Division shall not deny the application of a person for a license pursuant to sections 2 to 58, inclusive, of this act based solely on his or her immigration status.

      2.  Notwithstanding the provisions of section 20 of this act, an applicant for a license pursuant to sections 2 to 58, inclusive, of this act who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for such a license.

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

      (a) Tax purposes;

      (b) Licensing purposes; and

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

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

      Sec. 24.  1.  Except as otherwise provided in subsection 6 and section 25 of this act, each agency to provide personal care services in the home, when applying for a license or renewing a license, file with the Administrator of the Division of Public and Behavioral Health a surety bond:

      (a) If the agency employs less than 7 employees, in the amount of $5,000;

      (b) If the agency employs at least 7 but not more than 25 employees, in the amount of $25,000; or

      (c) If the agency employs more than 25 employees, in the amount of $50,000.

      2.  A bond filed pursuant to this section must be executed by the agency as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older client who the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines has suffered property damage as a result of any act or failure to act by the agency to protect the property of the older client.

      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

 


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      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Division of Public and Behavioral Health, but the release does not discharge or otherwise affect any claim filed by an older client for property damaged as a result of any act or failure to act by the agency to protect the property of the older client alleged to have occurred while the bond was in effect.

      5.  A license is suspended by operation of law when the agency is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to section 25 of this act. The Administrator of the Division of Public and Behavioral Health shall give the agency at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The requirement of filing a surety bond set forth in this section does not apply to an agency to provide personal care services in the home that is operated and maintained by the State of Nevada or an agency thereof.

      7.  As used in this section, “older client” means a client who is 60 years of age or older.

      Sec. 25. 1.  As a substitute for the surety bond required pursuant to section 24 of this act, an agency to provide personal care services in the home may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Division of Public and Behavioral Health:

      (a) An obligation of a bank, savings and loan association, savings bank, thrift company or credit union licensed to do business in this State;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.

      2.  The obligations of a bank, savings and loan association, savings bank, thrift company or credit union must be held to secure the same obligation as would the surety bond required by section 24 of this act. With the approval of the Administrator of the Division of Public and Behavioral Health, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging and Disability Services Division of the Department of Health and Human Services and are negotiable only upon approval by the Administrator of the Aging and Disability Services Division.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be an amount at least equal to the surety bond required by section 24 of this act and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging and Disability Services Division.

 


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      Sec. 26. 1.  The Division shall issue a license to operate an agency to provide personal care services in the home if, after investigation, the Division finds that the applicant is in:

      (a) Full compliance with the provisions of sections 2 to 58, inclusive, of this act; and

      (b) Substantial compliance with the standards and regulations adopted by the Board.

      2.  A license applies only to the person to whom it is issued and is not transferable.

      Sec. 27. Each license issued by the Division to an agency to provide personal care services in the home must be in the form prescribed by the Division and must contain:

      1.  The name of the person or persons authorized to operate the agency to provide personal care services in the home; and

      2.  The nature of services offered and the capacity of the licensee to deliver services.

      Sec. 28. 1.  Each license to operate an agency to provide personal care services in the home issued pursuant to sections 2 to 58, inclusive, of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to subsection 3 and section 19 of this act unless the Division finds, after an investigation, that the agency has not satisfactorily complied with the provisions of sections 2 to 58, inclusive, of this act, or the standards and regulations adopted by the Board.

      2.  Each reapplication for an agency to provide personal care services in the home must include, without limitation:

      (a) A statement that the agency is in compliance with the provisions of sections 36 to 40, inclusive, and 49 of this act; and

      (b) A statement that the holder of the license, the administrator or other person in charge and employees of the agency are in compliance with the provisions of section 31 of this act.

      3.  Each reapplication for an agency to provide personal care services in the home must be accompanied by the fee prescribed by the Board pursuant to NRS 457.240, in addition to the fees imposed pursuant to section 19 of this act.

      Sec. 29. 1.  The Division may cancel the license of an agency to provide personal care services in the home and issue a provisional license, effective for a period determined by the Division, to such an agency if the agency:

      (a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of sections 2 to 58, inclusive, of this act, and the Division determines that the agency requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

      (b) Has failed to comply with the standards or regulations and the Division determines that the agency is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.

      2.  The provisions of subsection 1 do not require the issuance of a license or prevent the Division from refusing to renew or from revoking or suspending any license where the Division deems such action necessary for the health and safety of the persons receiving services from any agency.

 


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      Sec. 30. 1.  The Board shall:

      (a) Adopt regulations prescribing mandatory training for unlicensed caregivers who provide care for an agency to provide personal care services in the home and persons who receive reimbursement from Medicaid pursuant to NRS 422.272407 or 422.3965 for providing personal care services. The regulations must establish the required topics for the training, which must include, without limitation, control of infectious diseases and minimum standards for training in each required topic.

      (b) Review the required topics for training established pursuant to paragraph (a) at least annually and revise those topics when necessary to address new issues that impact the health and safety of persons who receive personal care services.

      2.  The Division shall post on an Internet website maintained by the Division a list of nationally recognized organizations that provide evidence-based training for caregivers which:

      (a) Is free of charge or has a minimal cost; and

      (b) May be used to satisfy the requirements of the regulations adopted pursuant to subsection 1.

      3.  The administrator or other person in charge of an agency to provide personal care services in the home shall:

      (a) Ensure that each unlicensed caregiver who provides care for the agency completes the training required by the regulations adopted pursuant to subsection 1 and document the completion of the training in the personnel file of each unlicensed caregiver;

      (b) Ensure the implementation of the best practices taught in the training required by the regulations adopted pursuant to subsection 1 at the agency where appropriate;

      (c) Develop and annually update a written plan for the control of infectious diseases; and

      (d) Provide a written copy of the plan for the control of infectious diseases to each employee or independent contractor of the agency and each client of the agency.

      Sec. 31. 1.  An applicant for a license to operate an agency to provide personal care services in the home must receive training to recognize and prevent the abuse of older persons before a license to operate such an agency is issued to the applicant. If an applicant has completed such training within the year preceding the date of the application for a license and the application includes evidence of the training, the applicant shall be deemed to have complied with the requirements of this subsection.

      2.  A licensee who holds a license to operate an agency to provide personal care services in the home must annually receive training to recognize and prevent the abuse of older persons before the license to operate such an agency may be renewed.

      3.  If an applicant or licensee who is required by this section to obtain training is not a natural person, the person in charge of the agency must receive the training required by this section.

      4.  An administrator or other person in charge of an agency to provide personal care services in the home must receive training to recognize and prevent the abuse of older persons before the agency provides care to a person and annually thereafter.

 


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      5.  An employee who will provide care for an agency to provide personal care services in the home must receive training to recognize and prevent the abuse of older persons before the employee provides care to a person in the agency and annually thereafter.

      6.  The topics of instruction that must be included in the training required by this section must include, without limitation:

      (a) Recognizing the abuse of older persons, including sexual abuse and violations of NRS 200.5091 to 200.50995, inclusive;

      (b) Responding to reports of the alleged abuse of older persons, including sexual abuse and violations of NRS 200.5091 to 200.50995, inclusive; and

      (c) Instruction concerning the federal, state and local laws, and any changes to those laws, relating to:

             (1) The abuse of older persons; and

             (2) Agencies to provide personal care services in the home for the person.

      7.  The agency to provide personal care services in the home is responsible for the costs related to the training required by this section.

      8.  The holder of a license to operate an agency to provide personal care services in the home shall ensure that each person who is required to comply with the requirements for training pursuant to this section complies with those requirements. The Division may, for any violation of this section, take disciplinary action against an agency pursuant to sections 44 and 45 of this act.

      Sec. 32. 1.  An agency to provide personal care services in the home and any employee or independent contractor of such an agency shall not discriminate in the provision of services to a client based wholly or partially on the actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or human immunodeficiency virus status of the client or any person with whom the client associates.

      2.  An agency to provide personal care services in the home shall:

      (a) Develop and carry out policies to prevent the specific types of prohibited discrimination described in the regulations adopted by the Board pursuant to section 13 of this act and meet any other requirements prescribed by regulations of the Board; and

      (b) Post prominently on any Internet website used to market the agency the following statement:

 

[Name of the agency to provide personal care services in the home] does not discriminate and does not permit discrimination, including, without limitation, bullying, abuse or harassment, on the basis of actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status, or based on association with another person on account of that person’s actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status.

 


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      3.  The provisions of this section shall not be construed to:

      (a) Require an agency to provide personal care services in the home or an employee or independent contractor thereof to take or refrain from taking any action in violation of reasonable medical standards; or

      (b) Prohibit an agency to provide personal care services in the home from adopting a policy that is applied uniformly and in a nondiscriminatory manner, including, without limitation, such a policy that bans or restricts sexual relations.

      Sec. 33. An agency to provide personal care services in the home shall:

      1.  Maintain the confidentiality of personally identifiable information concerning the sexual orientation of a client, whether the client is transgender or has undergone gender-affirming surgery and the human immunodeficiency virus status of the client and take reasonable actions to prevent the unauthorized disclosure of such information;

      2.  Prohibit employees or independent contractors of the agency who are not directly providing care to a client from being present during any portion of the care, during which the client is fully or partially unclothed without the express permission of the client or the authorized representative of the client;

      3.  Use visual barriers, including, without limitation, doors, curtains and screens, to provide privacy for clients who are fully or partially unclothed; and

      4.  Allow a client to refuse to be examined or observed by or receive services from an employee or independent contractor of the agency for a purpose that is primarily educational rather than therapeutic.

      Sec. 34. 1.  Except as otherwise provided in subsection 3, to enable an agent or employee of an agency to provide personal care services in the home who is described in subsection 2 to more effectively care for clients the Board shall, by regulation, require such an agency to conduct training relating specifically to cultural competency for any agent or employee of the agency who is described in subsection 2 so that such an agent or employee may better understand clients who have different cultural backgrounds, including, without limitation, clients who are:

      (a) From various racial and ethnic backgrounds;

      (b) From various religious backgrounds;

      (c) Persons with various sexual orientations and gender identities or expressions;

      (d) Children and senior citizens;

      (e) Persons with a mental or physical disability; and

      (f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board.

Κ The Board shall set forth by regulation the frequency with which an agency to provide personal care services in the home is required to provide such training relating to cultural competency.

      2.  Except as otherwise provided in subsection 3, the requirements of subsection 1 apply to any agent or employee of an agency to provide personal care services in the home who:

      (a) Provides personal care services or administrative or support services and has direct client contact at least once each week on average as a part of his or her regular job duties; or

 


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      (b) Oversees an agent or employee described in paragraph (a).

      3.  An agency to provide personal care services in the home is not required to provide training relating specifically to cultural competency to an agent or employee who is described in subsection 2 and who has successfully completed a course or program in cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable.

      4.  Except as otherwise provided in subsection 6, the training relating specifically to cultural competency conducted by an agency to provide personal care services in the home pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services.

      5.  The Office of Minority Health and Equity of the Department of Health and Human Services shall ensure that the list established and maintained pursuant to NRS 449.103 is distributed to each agency to provide personal care services in the home which is required to conduct training relating specifically to cultural competency pursuant to subsection 1.

      6.  An agency to provide personal care services in the home which is required to conduct training specifically relating to cultural competency may apply to the Department of Health and Human Services to provide a course or program on cultural competency that is not approved by the Department pursuant to subsection 4. Any such request must be approved or denied by the Department not later than 10 business days after the receipt of the application.

      7.  As used in this section “direct client contact” means direct contact with a client of an agency to provide personal care services in the home which is in person or using telephone, electronic mail or other electronic means, except that the term does not include incidental contact.

      Sec. 35. The Board shall adopt regulations that require an agency to provide personal care services in the home to:

      1.  Develop policies to ensure that a client is addressed by his or her preferred name and pronoun and in accordance with his or her gender identity or expression; and

      2.  Adapt electronic records to reflect the gender identities or expressions of clients with diverse gender identities or expressions, including, without limitation, adapting electronic records to include:

      (a) The preferred name and pronoun and gender identity or expression of a client; and

      (b) Any other information prescribed by regulation of the Board.

      Sec. 36. 1.  Each applicant for a license to operate an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall submit to the Central Repository for Nevada Records of Criminal History one complete set of fingerprints for submission to the Federal Bureau of Investigation for its report.

      2.  The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in paragraph (a) of subsection 1 of section 49 of this act and immediately inform the administrator of the agency and the Division of whether the applicant has been convicted of such a crime.

 


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κ2025 Statutes of Nevada, Page 930 (CHAPTER 158, AB 519)κ

 

inform the administrator of the agency and the Division of whether the applicant has been convicted of such a crime.

      Sec. 37. 1.  Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall:

      (a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in section 49 of this act;

      (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

      (c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;

      (d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in section 49 of this act; and

      (f) If an Internet website has been established pursuant to NRS 439.942:

             (1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division.

             (2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.

      2.  The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in section 49 of this act.

 


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      3.  The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:

      (a) The employee, employee of the temporary employment service or independent contractor agrees to allow the administrator of, or the person licensed to operate, an agency to provide personal care services in the home to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in section 49 of this act;

      (b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in section 49 of this act.

      4.  The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at the agency:

      (a) Except as otherwise provided in subsection 2, is completed as soon as practicable; and

      (b) At least once every 5 years after the date of the initial investigation.

      5.  The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall, when required:

      (a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;

      (b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.

 


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      6.  Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in section 49 of this act and immediately inform the Division and the administrator of, or the person licensed to operate, the agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home at which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.

      7.  The Central Repository for Nevada Records of Criminal History may impose a fee upon an agency that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the agency requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The agency may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. An agency shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services at the agency based upon the results of an investigation conducted pursuant to this section.

      8.  Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in section 49 of this act, is guilty of a misdemeanor.

      Sec. 38. 1.  A temporary employment service shall not send an employee to provide services to an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home if the temporary employment service has received notice from such an agency that the employee of the temporary employment service is ineligible to provide such services.

      2.  An agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home that enters into an agreement with a temporary employment service to provide services for the agency on a temporary basis must require the temporary employment service to:

      (a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the agency has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to section 37 of this act; and

 


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κ2025 Statutes of Nevada, Page 933 (CHAPTER 158, AB 519)κ

 

continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to section 37 of this act; and

      (b) Notify the agency if the investigation conducted of an employee of the temporary employment service pursuant to section 37 of this act has not been conducted within the immediately preceding 5 years.

      Sec. 39. 1.  Each agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall maintain records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to section 37 of this act, including, without limitation:

      (a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;

      (b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and

      (c) Any other documentation of the information collected pursuant to section 37 of this act.

      2.  The records maintained pursuant to subsection 1 must be:

      (a) Maintained for the period of the employment of the person with the agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, as applicable; and

      (b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.

      3.  If an Internet website has been established pursuant to NRS 439.942, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.

      4.  The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to sections 36 and 37 of this act to notify an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to sections 36 and 37 of this act.

      Sec. 40. 1.  Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to section 37 of this act, or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home has been convicted of a crime listed in paragraph (a) of subsection 1 of section 49 of this act, the administrator of, or the person licensed to operate, the agency shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the agency after allowing the person time to correct the information as required pursuant to subsection 2.

 


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care to elderly persons or persons with disabilities in the home has been convicted of a crime listed in paragraph (a) of subsection 1 of section 49 of this act, the administrator of, or the person licensed to operate, the agency shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the agency after allowing the person time to correct the information as required pursuant to subsection 2.

      2.  If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the agency to provide personal care services in the home, employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home or temporary employment service. The agency or temporary employment service that is so informed shall give the employee, employee of the temporary employment service or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

      3.  An agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home that has complied with section 37 of this act may not be held civilly or criminally liable based solely upon the ground that the agency allowed an employee, employee of a temporary employment service or independent contractor to work:

      (a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository, except that an employee, employee of the temporary employment service or independent contractor shall not have contact with a child without supervision before such information is received;

      (b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information, except that an employee, employee of the temporary employment service or independent contractor shall not have contact with a child without supervision during such period;

      (c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

      (d) Any combination thereof.

Κ An agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home may be held liable for any other conduct determined to be negligent or unlawful.

      Sec. 41. Any authorized member or employee of the Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of sections 2 to 58, inclusive, of this act.

 


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κ2025 Statutes of Nevada, Page 935 (CHAPTER 158, AB 519)κ

 

      Sec. 42. Every agency to provide personal care services in the home may be inspected at any time, with or without notice, as often as is necessary by:

      1.  The Division of Public and Behavioral Health to ensure compliance with all applicable regulations and standards; and

      2.  Any person designated by the Aging and Disability Services Division of the Department of Health and Human Services to investigate complaints made against the agency to provide personal care services in the home.

      Sec. 43. The Division shall prepare a report of the results of its inspections of agencies to provide personal care services in the home regarding compliance with applicable regulations and standards. The report must be provided to the agency to provide personal care services in the home and include, without limitation, a recommendation of the Division for correcting any deficiencies and, if a deficiency is discovered as a result of an investigation by a county, district or city board of health or health officer, the recommendations of the board or health officer.

      Sec. 44. 1.  The Division may deny an application for a license or may suspend or revoke any license to operate an agency to provide personal care services in the home issued under the provisions of sections 2 to 58, inclusive, of this act upon any of the following grounds:

      (a) Violation by the applicant or the licensee of any of the provisions of NRS 449A.100 to 449A.124, inclusive, or sections 2 to 58, inclusive, of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

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

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

      (d) Conduct or practice detrimental to the health or safety of the clients or employees of the agency to provide personal care services in the home.

      2.  In addition to the provisions of subsection 1, the Division may revoke a license to operate an agency to provide personal care services in the home if, with respect to that agency, the licensee that operates the agency, 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 an agency to provide personal care services in the home pursuant to subsection 2.

      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

 


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

      Sec. 45. 1.  In addition to the payment of the amount required by section 17 of this act, if an agency to provide personal care services in the home violates any provision related to its licensure, including any provision of sections 2 to 58, inclusive, of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to section 46 of this act, may:

      (a) Prohibit the agency to provide personal care services in the home from providing services to a client until it determines that the agency has corrected the violation;

      (b) 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

      (c) Appoint temporary management to oversee the operation of the agency to provide personal care services in the home and to ensure the health and safety of the clients of the agency, until:

             (1) It determines that the agency 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 the agency to provide personal care services in the home fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:

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

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

      3.  The Division may require any agency to provide personal care services in the home that violates any provision of sections 2 to 58, inclusive, of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to paragraph (b) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of chapter 449A of NRS and sections 2 to 58, inclusive, of this act to protect the health, safety, well-being and property of the clients in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.

      Sec. 46. The Board shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by section 45 of this act. These regulations must:

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

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

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

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

 


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      5.  Establish an administrative penalty to be imposed if a violation of sections 2 to 58, inclusive, of this act causes harm or the risk of harm to more than one person.

      Sec. 47. 1.  When the Division intends to deny, suspend or revoke a license, or impose any sanction prescribed by section 45 of this act, it shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Division finds that the public health requires immediate action. In that case, it may order a summary suspension of a license pursuant to this section and NRS 233B.127 or impose any sanction prescribed by section 45 of this act, pending proceedings for revocation or other action.

      2.  If a person wants to contest the action of the Division, the person must file an appeal pursuant to regulations adopted by the Board.

      3.  Upon receiving notice of an appeal, the Division shall hold a hearing pursuant to regulations adopted by the Board.

      4.  The Board shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 48. 1.  If the Division suspends the license of an agency to provide personal care services in the home pursuant to the provisions of this chapter, or if such an agency otherwise ceases to operate, including, without limitation, pursuant to an action or order of a health authority pursuant to chapter 441A of NRS, the Division may, if deemed necessary by the Administrator of the Division, take control of and ensure the safety of the records of the agency.

      2.  Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the Division shall:

      (a) Maintain the confidentiality of the records obtained pursuant to subsection 1.

      (b) Share records obtained pursuant to subsection 1 with law enforcement agencies in this State and other governmental entities which have authority to license the agency to provide personal care services in the home or to license the owners or employees of the agency.

      (c) Release a record obtained pursuant to subsection 1 to the client or legal guardian of the client who is the subject of the record.

      3.  The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations for contracting with a person to maintain any records under the control of the Division pursuant to subsection 1 and for payment by the agency to provide personal care services in the home of the cost of maintaining medical records.

      Sec. 49. 1.  In addition to the grounds listed in section 44 of this act, the Division or the Board, as applicable, may deny a license to operate an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if:

      (a) The applicant or licensee has been convicted of:

             (1) Murder, voluntary manslaughter or mayhem;

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

 


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             (3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;

             (4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;

             (5) A crime involving domestic violence that is punished as a felony;

             (6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;

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

             (8) 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 7 years;

             (9)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;

             (10)A violation of any provision of law relating to Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

             (11) A violation of any provision of NRS 422.450 to 422.590, inclusive;

             (12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

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

             (14)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; or

             (15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years; or

      (b)The licensee has, in violation of section 40 of this act, continued to employ a person who has been convicted of a crime listed in paragraph (a).

      2.  In addition to the grounds listed in section 44 of this act, the Division or the Board, as applicable, may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home if the licensee has, in violation of section 40 of this act, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      3.  As used in this section:

      (a) “Domestic violence” means an act described in NRS 33.018.

      (b) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (c)“Medicare” has the meaning ascribed to it in NRS 439B.130.

      Sec. 50. 1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of license, the Division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a license issued pursuant to sections 2 to 58, inclusive, of this act that has been suspended by a district attorney pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 51. If a patient is released by a hospital to his or her residence to receive care from an agency to provide personal care services in the home, the agency to provide personal care services in the home shall consult with a dietitian, as appropriate, to ensure that the patient or the person with primary responsibility for the care of the patient understands the dietary needs of the patient.

      Sec. 52.  An agency to provide personal care services in the home that is licensed pursuant to this chapter may, through its employees or by contractual arrangement with other persons, provide:

      1.  To persons with disabilities, any medical services authorized pursuant to NRS 629.091; and

      2.  Nonmedical services related to personal care to elderly persons or persons with disabilities to assist those persons with activities of daily living.

      Sec. 53. Any person who is employed by an agency to provide personal care services in the home who:

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

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

      3.  Has successfully completed the training requirements of a course in the use and administration of first aid, including cardiopulmonary resuscitation,

Κ and who in good faith renders emergency care or assistance in accordance with the person’s training, in the course of his or her regular employment or profession, to an elderly person or a person with a disability, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      Sec. 54. The name, sign, listing or other designation of an agency to provide personal care services in the home must not contain any terms misleading to the public with regard to the services offered.

      Sec. 55. 1.  An agency to provide personal care services in the home or an employee of such an agency shall not:

      (a) Refer a person to a residential facility for groups that is not licensed by the Division; or

      (b) Refer a person to a residential facility for groups if the agency to provide personal care services in the home or its employee knows or reasonably should know that the residential facility for groups, or the services provided by the residential facility for groups, are not appropriate for the condition of the person being referred.

 


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reasonably should know that the residential facility for groups, or the services provided by the residential facility for groups, are not appropriate for the condition of the person being referred.

      2.  If an agency to provide personal care services in the home or an employee of such an agency violates the provisions of subsection 1, the agency to provide personal care services in the home is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 or more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residents of residential facilities for groups.

      3.  The Board shall:

      (a) Establish and maintain a system to track violations of this section. Except as otherwise provided in this paragraph, records created by or for the system are public records and are available for public inspection. The following information is confidential:

             (1) Any personally identifying information relating to a person who is referred to a residential facility for groups.

             (2) Information which may not be disclosed under federal law.

      (b) Educate the public regarding the requirements and prohibitions set forth in this section and NRS 449.0305.

      4.  As used in this section, “residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 56. 1.  In addition to the payment of the amount required by section 17 of this act and any civil penalty imposed pursuant to subsection 4, a person who operates an agency to provide personal care services in the home without a license issued by the Division is guilty of a misdemeanor.

      2.  If the Division believes that a person is operating an agency to provide personal care services in the home without such a license, the Division may issue an order to cease and desist the operation of the agency. The order must be served upon the person by personal delivery or by certified or registered mail, return receipt requested. The order is effective upon service.

      3.  If a person does not voluntarily cease operating an agency to provide personal care services in the home without a license or apply for licensure within 30 days after the date of service of the order pursuant to subsection 2, the Division may bring an action in a court of competent jurisdiction pursuant to section 57 of this act.

      4.  Upon a showing by the Division that a person is operating an agency to provide personal care services in the home without a license, a court of competent jurisdiction may:

      (a) Enjoin the person from operating the agency.

      (b) Impose a civil penalty on the operator to be recovered by the Division of not more than $10,000 for the first offense or not less than $10,000 or more than $25,000 for a second or subsequent offense.

      5.  Unless otherwise required by federal law, the Division shall deposit all civil penalties collected pursuant to paragraph (b) of subsection 4 into a separate account in the State General Fund to be used to administer and carry out the provisions of sections 2 to 58, inclusive, of this act and to protect the health, safety, well-being and property of the clients in accordance with applicable state and federal standards.

 


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protect the health, safety, well-being and property of the clients in accordance with applicable state and federal standards.

      Sec. 57. 1.  The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home within the meaning of sections 2 to 58, inclusive, of this act:

      (a) Without first obtaining a license therefor; or

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

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

      Sec. 58. The district attorney of the county in which an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of sections 2 to 58, inclusive, of this act.

      Sec. 59.  As used in sections 59 to 90, inclusive, of this act, unless the context otherwise requires, “intermediary service organization” means a nongovernmental entity that provides services authorized pursuant to section 60 of this act for a person with a disability or other responsible person.

      Sec. 60. 1.  An intermediary service organization that is certified pursuant to sections 59 to 90, inclusive, of this act may provide services for a person with a disability or other responsible person relating to personal assistance received by the person with a disability. The services that may be provided by an intermediary service organization include, without limitation:

      (a) Obtaining a criminal background check of a personal assistant selected by the person with a disability or other responsible person to provide nonmedical services and any medical services authorized pursuant to NRS 629.091;

      (b) Providing payroll services to pay the personal assistant and determine any tax liability;

      (c) Providing services relating to financial management; and

      (d) Providing any other services relating to the employment of a personal assistant and any other financial assistance relating to the personal assistance for the person with a disability.

      2.  As used in this section:

      (a) “Other responsible person” means:

             (1) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or

             (2) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment.

 


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      (b) “Personal assistance” means the provision of any goods or services to help a person with a disability maintain his or her independence, personal hygiene and safety, including, without limitation, the provision of services by a personal assistant.

      (c) “Personal assistant” means a person who, for compensation and under the direction of a person with a disability or other responsible person, performs services for a person with a disability to help the person maintain his or her independence, personal hygiene and safety.

      Sec. 61. 1.  The Board shall adopt regulations authorizing an employee of an intermediary service organization, with the consent of the person receiving services, to:

      (a) Check, record and report the temperature, blood pressure, apical or radial pulse, respiration or oxygen saturation of a person receiving services from the organization;

      (b) Using an auto-injection device approved by the Food and Drug Administration for use in the home, administer to a person receiving services from the organization insulin furnished by a registered pharmacist as directed by a physician or assist such a person with the self-administration of such insulin; and

      (c) Using a device for monitoring blood glucose approved by the Food and Drug Administration for use in the home, perform a blood glucose test on a person receiving services from the organization or assist such a person to perform a blood glucose test on himself or herself.

      2.  The regulations adopted pursuant to this section:

      (a) Must require the tasks described in subsection 1 to be performed in conformance with the Clinical Laboratory Improvement Amendments of 1988, Public Law No. 100-578, 42 U.S.C. § 263a, if applicable, and any other applicable federal law or regulation;

      (b) Must prohibit the use of a device for monitoring blood glucose on more than one person; and

      (c) May require a person to receive training before performing any task described in subsection 1.

      Sec. 62. 1.  Except as otherwise provided in subsection 2, a person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate to operate an intermediary service organization as provided in sections 59 to 90, inclusive, of this act.

      2.  A person who is licensed to operate an agency to provide personal care services in the home pursuant to this chapter is not required to obtain a certificate to operate an intermediary service organization as described in this section.

      3.  A person who violates the provisions of this section is guilty of a misdemeanor.

      Sec. 63. Any person wishing to obtain a certificate to operate an intermediary service organization pursuant to the provisions of sections 59 to 90, inclusive, of this act must file with the Division an application, on a form prescribed, prepared and furnished by the Division, containing:

      1.  The name of the applicant and, if a person, whether the applicant has attained the age of 21 years.

      2.  The location of the intermediary service organization.

      3.  The name of the person in charge of the intermediary service organization.

 


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      4.  Such other information as may be required by the Division for the proper administration and enforcement of sections 59 to 90, inclusive, of this act.

      5.  Evidence satisfactory to the Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the intermediary service organization for which the application is made.

      6.  Evidence satisfactory to the Division of the ability of the applicant to comply with the provisions of sections 59 to 90, inclusive, of this act and the standards and regulations adopted by the Board.

      Sec. 64. An application for the issuance of a certificate to operate an intermediary service organization pursuant to section 63 of this act must include the social security number of the applicant.

      Sec. 65. 1.  An applicant for the issuance or renewal of a certificate to operate an intermediary service organization must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Division.

      3.  A certificate to operate an intermediary service organization may not be issued or renewed by the Division if the applicant:

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

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

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

      Sec. 66. Each application for a certificate to operate an intermediary service organization must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a certificate in installments and may fix the amount of each payment and the date on which the payment is due.

      Sec. 67. 1.  Except as otherwise provided in subsection 6 and section 68 of this act, each intermediary service organization shall, when applying for a certificate or renewing a certificate, file with the Administrator of the Division of Public and Behavioral Health a surety bond:

 


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      (a) If the intermediary service organization employs less than 7 employees, in the amount of $5,000;

      (b) If the intermediary service organization employs at least 7 but not more than 25 employees, in the amount of $25,000; or

      (c) If the intermediary service organization employs more than 25 employees, in the amount of $50,000.

      2.  A bond filed pursuant to this section must be executed by the intermediary service organization as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient whom the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines has suffered property damage as a result of any act or failure to act by the intermediary service organization to protect the property of the older patient.

      3.  Except when a surety is released, the surety bond must cover the period of the initial certificate to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Division of Public and Behavioral Health, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the intermediary service organization to protect the property of the older patient alleged to have occurred while the bond was in effect.

      5.  A certificate is suspended by operation of law when the intermediary service organization is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to section 68 of this act. The Administrator of the Division of Public and Behavioral Health shall give the intermediary service organization at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the certificate will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The requirement of filing a surety bond set forth in this section does not apply to an intermediary service organization that is operated and maintained by the State of Nevada or an agency thereof.

      7.  As used in this section, “older patient” means a patient who is 60 years of age or older.

      Sec. 68. 1.  As a substitute for the surety bond required pursuant to section 67 of this act, an intermediary service organization may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Division of Public and Behavioral Health:

      (a) An obligation of a bank, savings and loan association, savings bank, thrift company or credit union licensed to do business in this State;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

 


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      (c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.

      2.  The obligations of a bank, savings and loan association, savings bank, thrift company or credit union must be held to secure the same obligation as would the surety bond required by section 67 of this act. With the approval of the Administrator of the Division of Public and Behavioral Health, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging and Disability Services Division of the Department of Health and Human Services and are negotiable only upon approval by the Administrator of the Aging and Disability Services Division.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be an amount at least equal to the surety bond required by section 67 of this act and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging and Disability Services Division.

      Sec. 69. 1.  The Division shall not deny the application of a person for a certificate to operate an intermediary service organization pursuant to section 63 of this act based solely on his or her immigration status.

      2.  Notwithstanding the provisions of section 64 of this act, an applicant for a certificate to operate an intermediary service organization who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a certificate to operate an intermediary service organization.

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

      (a) Tax purposes;

      (b) Licensing purposes; and

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

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

      Sec. 70. 1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate to operate an intermediary service organization pursuant to section 62 of this act.

      2.  Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.

 


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      3.  The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.

      4.  A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.

      5.  A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.

      6.  The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.

      7.  The Division may post on its Internet website:

      (a) The requirements to obtain a certificate from the Division; and

      (b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.

      8.  The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:

      (a) The Central Repository for Nevada Records of Criminal History; and

      (b) The Federal Bureau of Investigation.

      9.  A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.

      10.  The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:

      (a) The number of petitions submitted to the Division pursuant to subsection 1;

      (b) The number of determinations of disqualification made by the Division pursuant to subsection 1;

      (c) The reasons for such determinations; and

      (d) Any other information that is requested by the Director or which the Division determines would be helpful.

      11.  The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.

      Sec. 71. 1.  The Division shall issue the certificate to operate an intermediary service organization to the applicant if, after investigation, the Division finds that the applicant is in:

      (a) Full compliance with the provisions of sections 59 to 90, inclusive, of this act; and

      (b) Substantial compliance with the standards and regulations adopted by the Board.

      2.  A certificate applies only to the person to whom it is issued and is not transferable.

 


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      Sec. 72. Each certificate to operate an intermediary service organization issued by the Division pursuant to sections 59 to 90, inclusive, of this act must be in the form prescribed by the Division and must contain:

      1.  The name of the person or persons authorized to operate the intermediary service organization;

      2.  The location of the intermediary service organization; and

      3.  The services offered by the intermediary service organization.

      Sec. 73. 1.  Each certificate to operate an intermediary service organization issued pursuant to sections 59 to 90, inclusive, of this act expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to section 66 of this act unless the Division finds, after an investigation, that the intermediary service organization has not satisfactorily complied with the provisions of sections 59 to 90, inclusive, of this act or the standards and regulations adopted by the Board.

      2.  Each reapplication for an intermediary service organization must include, without limitation, a statement that the organization is in compliance with the provisions of sections 80 to 85, inclusive, of this act.

      Sec. 74. 1.  In addition to any other requirements set forth in sections 59 to 90, inclusive, of this act, an applicant for the renewal of a certificate as an intermediary service organization must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  A certificate as an intermediary service organization may not be renewed by the Division if:

      (a) The applicant fails to submit the information required by subsection 1; or

      (b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:

             (1) Satisfied the debt;

             (2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

      (a) “Agency” has the meaning ascribed to it in NRS 353C.020.

      (b) “Debt” has the meaning ascribed to it in NRS 353C.040.

      Sec. 75. The Division may deny an application for a certificate to operate an intermediary service organization or may suspend or revoke any certificate issued under the provisions of sections 59 to 90, inclusive, of this act upon any of the following grounds:

      1.  Violation by the applicant or the holder of a certificate of any of the provisions of sections 59 to 90, inclusive, of this act or of any other law of this State or of the standards, rules and regulations adopted thereunder.

 


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      2.  Aiding, abetting or permitting the commission of any illegal act.

      3.  Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the operation of an intermediary service organization.

      4.  Conduct or practice detrimental to the health or safety of a person under contract with or employees of the intermediary service organization.

      Sec. 76. 1.  If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate to operate an intermediary service organization, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Division shall reinstate a certificate to operate an intermediary service organization that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      Sec. 77. 1.  The Division may cancel a certificate to operate an intermediary service organization and issue a provisional certificate, effective for a period determined by the Division, to the intermediary service organization if the intermediary service organization:

      (a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of sections 59 to 90, inclusive, of this act and the Division determines that the intermediary service organization requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

      (b) Has failed to comply with the standards or regulations and the Division determines that the intermediary service organization is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.

      2.  The provisions of subsection 1 do not require the issuance of a certificate or prevent the Division from refusing to renew or from revoking or suspending any certificate if the Division deems such action necessary for the health and safety of a person for whom the intermediary service organization provides services.

      Sec. 78. 1.  Money received from the certification of intermediary service organizations:

      (a) Must be forwarded to the State Treasurer for deposit in the State Treasury;

      (b) Must be accounted for separately in the State General Fund; and

      (c) May only be used to carry out the provisions of sections 59 to 90, inclusive, of this act.

 


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      2.  The Division shall enforce the provisions of sections 59 to 90, inclusive, of this act and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.

      Sec. 79. 1.  The Board shall adopt regulations governing the certification of intermediary service organizations and such other regulations as it deems necessary to carry out the provisions of sections 59 to 90, inclusive, of this act.

      2.  The Division may:

      (a) Upon receipt of an application for a certificate to operate an intermediary service organization, conduct an investigation into the qualifications of personnel, methods of operation and policies and purposes of any person proposing to engage in the operation of an intermediary service organization.

      (b) Upon receipt of a complaint against an intermediary service organization, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation and policies, procedures and records of that intermediary service organization or any other intermediary service organization which may have information pertinent to the complaint.

      (c) Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of sections 59 to 90, inclusive, of this act.

      Sec. 80. 1.  Each applicant for a certificate to operate an intermediary service organization shall submit to the Central Repository for Nevada Records of Criminal History one complete set of fingerprints for submission to the Federal Bureau of Investigation for its report.

      2.  The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in subsection 1 of section 85 of this act and immediately inform the administrator of the facility, hospital, agency, program or home, if any, and the Division of whether the applicant has been convicted of such a crime.

      Sec. 81. 1.  Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:

      (a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in subsection 1 of section 85 of this act;

      (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

      (c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;

      (d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

 


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      (e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in subsection 1 of section 85 of this act; and

      (f) If an Internet website has been established pursuant to NRS 439.942:

             (1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division.

             (2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.

      2.  The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of section 85 of this act.

      3.  The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:

      (a) The employee, employee of the temporary employment service or independent contractor agrees to allow the holder of a certificate to operate an intermediary service organization to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in subsection 1 of section 85 of this act;

      (b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of section 85 of this act.

      4.  The holder of a certificate to operate an intermediary service organization shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at or for the intermediary service organization is completed as soon as practicable and at least once every 5 years after the date of the initial investigation.

 


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employment service or independent contractor who works at or for the intermediary service organization is completed as soon as practicable and at least once every 5 years after the date of the initial investigation. The holder of the certificate shall, when required:

      (a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;

      (b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and

      (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.

      5.  Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in subsection 1 of section 85 of this act and immediately inform the Division and the holder of the certificate to operate an intermediary service organization for which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.

      6.  The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The intermediary service organization may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. An intermediary service organization shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services to the intermediary service organization based upon the results of an investigation conducted pursuant to this section.

      7.  Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in subsection 1 of section 85 of this act, is guilty of a misdemeanor.

      Sec. 82. 1.  A temporary employment service shall not send an employee to provide services to an intermediary service organization if the temporary employment service has received notice from a holder of a certificate to operate an intermediary service organization that the employee of the temporary employment service is ineligible to provide such services.

 


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certificate to operate an intermediary service organization that the employee of the temporary employment service is ineligible to provide such services.

      2.  A holder of a certificate to operate an intermediary service organization who enters into an agreement with a temporary employment service to provide services to the intermediary service organization on a temporary basis must require the temporary employment service to:

      (a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the intermediary service organization has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to section 81 of this act; and

      (b) Notify the intermediary service organization if the investigation conducted of an employee of the temporary employment service pursuant to section 81 of this act has not been conducted within the immediately preceding 5 years.

      Sec. 83. 1.  Each intermediary service organization shall maintain accurate records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to section 81 of this act, including, without limitation:

      (a) A copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;

      (b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and

      (c) Any other documentation of the information collected pursuant to section 81 of this act.

      2.  The records maintained pursuant to subsection 1 must be:

      (a) Maintained for the period of the employment of the person with the intermediary service organization; and

      (b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.

      3.  If an Internet website has been established pursuant to NRS 439.942, an intermediary service organization shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.

      4.  The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to sections 80 and 81 of this act to notify an intermediary service organization and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to sections 80 and 81 of this act.

      Sec. 84. 1.  Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to section 81 of this act, or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of section 85 of this act, the holder of the certificate to operate the intermediary service organization shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the intermediary service organization after allowing the person time to correct the information as required pursuant to subsection 2.

 


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employee is prohibited from providing services for the intermediary service organization after allowing the person time to correct the information as required pursuant to subsection 2.

      2.  If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the intermediary service organization. The intermediary service organization that is so informed shall give the employee, employee of the temporary employment service or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.

      3.  An intermediary service organization that has complied with section 81 of this act may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee, employee of a temporary employment service or independent contractor to work:

      (a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository, except that an employee, employee of a temporary employment service or independent contractor shall not have contact with a child without supervision before such information is received;

      (b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information, except that an employee, employee of a temporary employment service or independent contractor shall not have contact with a child without supervision during such period;

      (c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or

      (d) Any combination thereof.

Κ An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.

      Sec. 85. In addition to the grounds listed in section 75 of this act, the Division may deny a certificate to operate an intermediary service organization to an applicant or may suspend or revoke a certificate of a holder of a certificate to operate an intermediary service organization if:

      1.  The applicant for or holder of the certificate has been convicted of:

      (a) Murder, voluntary manslaughter or mayhem;

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

      (c) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;

      (d) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, if the conviction occurred within the immediately preceding 7 years;

      (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, within the past 7 years;

 


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      (g) A violation of any provision of NRS 200.5099 or 200.50995;

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

      (i) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or

      2.  The holder of a certificate has continued to employ a person who has been convicted of a crime listed in subsection 1.

      Sec. 86. 1.  If an intermediary service organization violates any provision related to its certification, including, without limitation, any provision of sections 59 to 90, inclusive, of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to section 87 of this act, may, as it deems appropriate:

      (a) Prohibit the intermediary service organization from providing services pursuant to section 60 of this act until it determines that the intermediary service organization has corrected the violation;

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

      (c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:

             (1) It determines that the intermediary service organization 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 the intermediary service organization fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:

      (a) Suspend the certificate to operate an intermediary service organization which is held by the intermediary service organization until the administrative penalty is paid; and

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

      3.  The Division may require any intermediary service organization that violates any provision of sections 59 to 90, inclusive, of this act, or any condition, standard or regulation adopted by the Board, to make any improvements necessary to correct the violation.

      4.  Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.

      Sec. 87. The Board shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by section 86 of this act. These regulations must:

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

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

 


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

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

      Sec. 88. 1.  When the Division intends to deny, suspend or revoke a certificate to operate an intermediary service organization, or to impose any sanction prescribed by section 86 of this act, the Division shall give reasonable notice to the holder of the certificate by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Division finds that the public health requires immediate action. In that case, the Division may order a summary suspension of a certificate or impose any sanction prescribed by section 86 of this act, pending proceedings for revocation or other action.

      2.  If a person wants to contest the action of the Division, the person must file an appeal pursuant to regulations adopted by the Board.

      3.  Upon receiving notice of an appeal, the Division shall hold a hearing pursuant to regulations adopted by the Board.

      4.  The Board shall adopt such regulations as are necessary to carry out the provisions of this section.

      Sec. 89.  1.  Except as otherwise provided in subsection 2 of section 62 of this act, the Division may bring an action in the name of the State to enjoin any person from operating or maintaining an intermediary service organization within the meaning of sections 59 to 90, inclusive, of this act:

      (a) Without first obtaining a certificate to operate an intermediary service organization; or

      (b) After the person’s certificate has been revoked or suspended by the Division.

      2.  It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the intermediary service organization without a certificate.

      Sec. 90. The district attorney of the county in which an intermediary service organization operates shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provision of sections 59 to 90, inclusive, of this act.

      Sec. 91. NRS 439.942 is hereby amended to read as follows:

      439.942  1.  The Division may establish a secure Internet website which makes certain information available for a website client to conduct an investigation into the background and personal history of a person that is required pursuant to the provisions of this chapter or chapter 62B, 63, 424, 427A, 432, 432A, 432B, 433, 433B, 435 or 449 of NRS [.] or the chapter consisting of sections 2 to 90, inclusive, of this act.

      2.  To become a website client, a person or governmental entity must:

      (a) Create an account on the Internet website;

      (b) Comply with NRS 439.942 to 439.948, inclusive, and any regulations adopted pursuant thereto governing use of the Internet website; and

      (c) Designate a website client administrator who is responsible for:

             (1) Determining the persons who are authorized to use the Internet website;

             (2) Providing the Division with the names of the persons who are authorized to use the Internet website;

 


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             (3) Ensuring that only those authorized persons have access to the Internet website; and

             (4) Notifying the Division of any change in the persons who are authorized to use the Internet website.

      3.  Authorized employees of the Division and of the Department of Public Safety may be designated to serve as administrators of the Internet website with access to all the data and information on the Internet website.

      4.  Except as otherwise provided in this section and NRS 239.0115, information collected, maintained, stored, backed up or on file on the Internet website is confidential, not subject to subpoena or discovery and is not subject to inspection by the general public.

      5.  The Division shall ensure that any information collected, maintained and stored on the Internet website is protected adequately from fire, theft, loss, destruction, other hazards and unauthorized access, and is backed-up in a manner that ensures proper confidentiality and security.

      6.  The Internet website must be maintained in accordance with any requirements of the Office of the Chief Information Officer within the Office of the Governor established for use of the equipment or services of the Office pursuant to NRS 242.181.

      Sec. 92. NRS 439B.225 is hereby amended to read as follows:

      439B.225  1.  As used in this section, “licensing board” means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 634B, 635, 636, 637, 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 641D, 652, 653 or 654 of NRS [.] or the chapter consisting of sections 2 to 90, inclusive, of this act.

      2.  The Committee shall review each regulation that a licensing board proposes or adopts that relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the board, giving consideration to:

      (a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;

      (b) The effect of the regulation on the cost of health care in this State;

      (c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State; and

      (d) Any other related factor the Committee deems appropriate.

      3.  After reviewing a proposed regulation, the Committee shall notify the agency of the opinion of the Committee regarding the advisability of adopting or revising the proposed regulation.

      4.  The Committee shall recommend to the Legislature as a result of its review of regulations pursuant to this section any appropriate legislation.

      Sec. 93. NRS 449.030 is hereby amended to read as follows:

      449.030  Except as otherwise provided in NRS 449.03013 , [and 449.03017,] no person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.029 to 449.2428, inclusive.

 


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      Sec. 94. NRS 449.0045 is hereby amended to read as follows:

      449.0045  “Facility for the dependent” includes:

      1.  A facility for the treatment of alcohol or other substance use disorders;

      2.  A facility for the care of adults during the day;

      3.  A residential facility for groups;

      4.  [An agency to provide personal care services in the home;

      5.] A facility for transitional living for released offenders;

      [6.]5.  A home for individual residential care;

      [7.]6.  A community health worker pool; and

      [8.]7.  A provider of community-based living arrangement services.

      Sec. 95. NRS 449.03013 is hereby amended to read as follows:

      449.03013  1.  A person who is licensed pursuant to this chapter as a facility for the dependent or medical facility , or who is licensed pursuant to the chapter consisting of sections 2 to 90, inclusive, of this act as an agency to provide personal care services in the home, and who employs community health workers is not required to obtain an additional license as a community health worker pool.

      2.  As used in this section, “agency to provide personal care services in the home” has the meaning ascribed to it in section 3 of this act.

      Sec. 96. NRS 449.0304 is hereby amended to read as follows:

      449.0304  1.  The Board shall adopt regulations authorizing an employee of a residential facility for groups [, an agency to provide personal care services in the home] or a facility for the care of adults during the day, with the consent of the person receiving services, to:

      (a) Check, record and report the temperature, blood pressure, apical or radial pulse, respiration or oxygen saturation of a person receiving services from the facility or agency;

      (b) Using an auto-injection device approved by the Food and Drug Administration for use in the home, administer to a person receiving services from the facility or agency insulin furnished by a registered pharmacist as directed by a physician or assist such a person with the self-administration of such insulin; and

      (c) Using a device for monitoring blood glucose approved by the Food and Drug Administration for use in the home, conduct a blood glucose test on a person receiving services from the facility or agency or assist such a person to conduct a blood glucose test on himself or herself.

      2.  The regulations adopted pursuant to this section:

      (a) Must require the tasks described in subsection 1 to be performed in conformance with the Clinical Laboratory Improvement Amendments of 1988, Public Law No. 100-578, 42 U.S.C. § 263a, if applicable, and any other applicable federal law or regulation;

      (b) Must prohibit the use of a device for monitoring blood glucose on more than one person; and

      (c) May require a person to receive training before performing any task described in subsection 1.

      Sec. 97. NRS 449.065 is hereby amended to read as follows:

      449.065  1.  Except as otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care [, agency to provide personal care services in the home] and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the Division of Public and Behavioral Health a surety bond:

 


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in the home shall, when applying for a license or renewing a license, file with the Administrator of the Division of Public and Behavioral Health a surety bond:

      (a) If the facility, agency [, organization] or home employs less than 7 employees, in the amount of $5,000;

      (b) If the facility, agency [, organization] or home employs at least 7 but not more than 25 employees, in the amount of $25,000; or

      (c) If the facility, agency [, organization] or home employs more than 25 employees, in the amount of $50,000.

      2.  A bond filed pursuant to this section must be executed by the facility, agency [, organization] or home as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient who the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines has suffered property damage as a result of any act or failure to act by the facility, agency [, organization] or home to protect the property of the older patient.

      3.  Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

      4.  A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Division of Public and Behavioral Health, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility, agency [, organization] or home to protect the property of the older patient alleged to have occurred while the bond was in effect.

      5.  A license is suspended by operation of law when the facility, agency [, organization] or home is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067. The Administrator of the Division of Public and Behavioral Health shall give the facility, agency [, organization] or home at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

      6.  The Administrator of the Division of Public and Behavioral Health may exempt a residential facility for groups or a home for individual residential care from the requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the residential facility for groups or home for individual residential care.

      7.  The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care [, agency to provide personal care services in the home] or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

      8.  As used in this section, “older patient” means a patient who is 60 years of age or older.

 


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κ2025 Statutes of Nevada, Page 959 (CHAPTER 158, AB 519)κ

 

      Sec. 98. NRS 449.067 is hereby amended to read as follows:

      449.067  1.  As a substitute for the surety bond required pursuant to NRS 449.065, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care [, an agency to provide personal care services in the home] and an agency to provide nursing in the home may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Division of Public and Behavioral Health:

      (a) An obligation of a bank, savings and loan association, savings bank, thrift company or credit union licensed to do business in this State;

      (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

      (c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.

      2.  The obligations of a bank, savings and loan association, savings bank, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449.065. With the approval of the Administrator of the Division of Public and Behavioral Health, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging and Disability Services Division of the Department of Health and Human Services and are negotiable only upon approval by the Administrator of the Aging and Disability Services Division.

      3.  Any interest or dividends earned on the deposit accrue to the account of the depositor.

      4.  The deposit must be an amount at least equal to the surety bond required by NRS 449.065 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging and Disability Services Division.

      Sec. 99. NRS 449.089 is hereby amended to read as follows:

      449.089  1.  Each license issued pursuant to NRS 449.029 to 449.2428, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to subsection 4 and NRS 449.050, as applicable, unless the Division finds, after an investigation, that the facility has not:

      (a) Satisfactorily complied with the provisions of NRS 449.029 to 449.2428, inclusive, or the standards and regulations adopted by the Board;

      (b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100 or 439A.102; or

      (c) Conformed to all applicable local zoning regulations.

      2.  Each reapplication for [an agency to provide personal care services in the home,] an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders must include, without limitation, a statement that the facility, hospital, agency, program, pool or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.

 


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κ2025 Statutes of Nevada, Page 960 (CHAPTER 158, AB 519)κ

 

a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders must include, without limitation, a statement that the facility, hospital, agency, program, pool or home is in compliance with the provisions of NRS 449.115 to 449.125, inclusive, and 449.174.

      3.  Each reapplication for [an agency to provide personal care services in the home,] a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a facility for the care of adults during the day, a residential facility for groups or a home for individual residential care must include, without limitation, a statement that the holder of the license to operate, and the administrator or other person in charge and employees of, the facility, [agency,] pool or home are in compliance with the provisions of NRS 449.093.

      4.  Each reapplication for a surgical center for ambulatory patients, facility for the treatment of irreversible renal disease, facility for hospice care, program of hospice care, hospital, facility for intermediate care, facility for skilled nursing [, agency to provide personal care services in the home] or rural clinic must be accompanied by the fee prescribed by the State Board of Health pursuant to NRS 457.240, in addition to the fees imposed pursuant to NRS 449.050.

      Sec. 100. NRS 449.093 is hereby amended to read as follows:

      449.093  1.  An applicant for a license to operate a facility for intermediate care, facility for skilled nursing, [agency to provide personal care services in the home,] facility for the care of adults during the day, residential facility for groups or home for individual residential care must receive training to recognize and prevent the abuse of older persons before a license to operate such a facility [, agency] or home is issued to the applicant. If an applicant has completed such training within the year preceding the date of the application for a license and the application includes evidence of the training, the applicant shall be deemed to have complied with the requirements of this subsection.

      2.  A licensee who holds a license to operate a facility for intermediate care, facility for skilled nursing, [agency to provide personal care services in the home,] facility for the care of adults during the day, residential facility for groups or home for individual residential care must annually receive training to recognize and prevent the abuse of older persons before the license to operate such a facility [, agency] or home may be renewed.

      3.  If an applicant or licensee who is required by this section to obtain training is not a natural person, the person in charge of the facility [, agency] or home must receive the training required by this section.

      4.  An administrator or other person in charge of a facility for intermediate care, facility for skilled nursing, [agency to provide personal care services in the home,] facility for the care of adults during the day, residential facility for groups or home for individual residential care must receive training to recognize and prevent the abuse of older persons before the facility [, agency] or home provides care to a person and annually thereafter.

      5.  An employee who will provide care to a person in a facility for intermediate care, facility for skilled nursing, [agency to provide personal care services in the home,] facility for the care of adults during the day, residential facility for groups or home for individual residential care must receive training to recognize and prevent the abuse of older persons before the employee provides care to a person in the facility [, agency] or home and annually thereafter.

 


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κ2025 Statutes of Nevada, Page 961 (CHAPTER 158, AB 519)κ

 

care services in the home,] facility for the care of adults during the day, residential facility for groups or home for individual residential care must receive training to recognize and prevent the abuse of older persons before the employee provides care to a person in the facility [, agency] or home and annually thereafter.

      6.  The topics of instruction that must be included in the training required by this section must include, without limitation:

      (a) Recognizing the abuse of older persons, including sexual abuse and violations of NRS 200.5091 to 200.50995, inclusive;

      (b) Responding to reports of the alleged abuse of older persons, including sexual abuse and violations of NRS 200.5091 to 200.50995, inclusive; and

      (c) Instruction concerning the federal, state and local laws, and any changes to those laws, relating to:

             (1) The abuse of older persons; and

             (2) Facilities for intermediate care, facilities for skilled nursing, [agencies to provide personal care services in the home,] facilities for the care of adults during the day, residential facilities for groups or homes for individual residential care, as applicable for the person receiving the training.

      7.  The facility for intermediate care, facility for skilled nursing, [agency to provide personal care services in the home,] facility for the care of adults during the day, residential facility for groups or home for individual residential care is responsible for the costs related to the training required by this section.

      8.  The administrator of a facility for intermediate care, facility for skilled nursing or residential facility for groups who is licensed pursuant to chapter 654 of NRS shall ensure that each employee of the facility who provides care to residents has obtained the training required by this section. If an administrator or employee of a facility or home does not obtain the training required by this section, the Division shall notify the Board of Examiners for Long-Term Care Administrators that the administrator is in violation of this section.

      9.  The holder of a license to operate a facility for intermediate care, facility for skilled nursing, [agency to provide personal care services in the home,] facility for the care of adults during the day, residential facility for groups or home for individual residential care shall ensure that each person who is required to comply with the requirements for training pursuant to this section complies with such requirements. The Division may, for any violation of this section, take disciplinary action against a facility [, agency] or home pursuant to NRS 449.160 and 449.163.

      Sec. 101. NRS 449.119 is hereby amended to read as follows:

      449.119  “Facility, hospital, agency, program or home” means [an agency to provide personal care services in the home, an employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home,] an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders.

 


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κ2025 Statutes of Nevada, Page 962 (CHAPTER 158, AB 519)κ

 

hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that provides swing-bed services as described in 42 C.F.R. § 482.58 or, if residential services are provided to children, a medical facility or facility for the treatment of alcohol or other substance use disorders.

      Sec. 102. NRS 449.174 is hereby amended to read as follows:

      449.174  1.  In addition to the grounds listed in NRS 449.160, the Division may deny a license to operate a facility, hospital, agency, program or home to an applicant or may suspend or revoke the license of a licensee to operate such a facility, hospital, agency, program or home if:

      (a) The applicant or licensee has been convicted of:

             (1) Murder, voluntary manslaughter or mayhem;

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

             (3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;

             (4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;

             (5) A crime involving domestic violence that is punished as a felony;

             (6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;

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

             (8) 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 7 years;

             (9) 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;

             (10) A violation of any provision of law relating to the State Plan for Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;

             (11) A violation of any provision of NRS 422.450 to 422.590, inclusive;

             (12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;

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

             (14) 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; or

             (15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years;

      (b) The licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a); or

      (c) The applicant or licensee has had a substantiated report of child abuse or neglect made against him or her and if the facility, hospital, agency, program or home provides residential services to children, is a psychiatric hospital that provides inpatient services to children or is a psychiatric residential treatment facility.

 


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κ2025 Statutes of Nevada, Page 963 (CHAPTER 158, AB 519)κ

 

program or home provides residential services to children, is a psychiatric hospital that provides inpatient services to children or is a psychiatric residential treatment facility.

      2.  In addition to the grounds listed in NRS 449.160, the Division may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home [, an agency to provide nursing in the home] or a community health worker pool if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

      3.  As used in this section:

      (a) “Domestic violence” means an act described in NRS 33.018.

      (b) “Facility, hospital, agency, program or home” has the meaning ascribed to it in NRS 449.119.

      (c) “Medicaid” has the meaning ascribed to it in NRS 439B.120.

      (d) “Medicare” has the meaning ascribed to it in NRS 439B.130.

      Sec. 103. NRS 449.1824 is hereby amended to read as follows:

      449.1824  1.  If a patient will be released from a hospital to his or her residence or a rehabilitation center and a dietitian is assigned to a team of persons formed by the hospital to care for the patient while the patient rehabilitates, the hospital shall ensure that the patient or the person with primary responsibility for the care of the patient meets or knows how to contact the dietitian.

      2.  If a patient is released by a hospital to his or her residence to receive care from an [agency to provide personal care services in the home or any other] entity licensed pursuant to this chapter that provides care to the patient in his or her residence, the [agency to provide personal care services in the home or other] entity shall consult with a dietitian, as appropriate, to ensure that the patient or the person with primary responsibility for the care of the patient understands the dietary needs of the patient.

      Sec. 104. NRS 449.194 is hereby amended to read as follows:

      449.194  Any person who is employed by [an agency to provide personal care services in the home or] a community health worker pool who:

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

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

      3.  Has successfully completed the training requirements of a course in the use and administration of first aid, including cardiopulmonary resuscitation,

Κ and who in good faith renders emergency care or assistance in accordance with the person’s training, in the course of his or her regular employment or profession, to an elderly person or a person with a disability, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

      Sec. 105. NRS 449A.031 is hereby amended to read as follows:

      449A.031  “Facility for the dependent” has the meaning ascribed to it in NRS 449.0045 and additionally includes an agency to provide personal care services in the home, as defined in section 3 of this act.

 


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κ2025 Statutes of Nevada, Page 964 (CHAPTER 158, AB 519)κ

 

      Sec. 106. NRS 457.240 is hereby amended to read as follows:

      457.240  1.  The State Board of Health shall by regulation:

      (a) Prescribe the form and manner in which the information on cases of cancer and other neoplasms must be reported;

      (b) Specify the neoplasms which must be reported;

      (c) Prescribe other information to be included in each such report, for example, the patient’s name and address, the pathological findings, the stage of the disease, the environmental and occupational factors, the methods of treatment, the incidence of cancer or other neoplasms in the patient’s family, and the places where the patient has resided;

      (d) Establish a protocol for obtaining access to and preserving the confidentiality of the patients’ records needed for research into cancer and other neoplasms; and

      (e) Prescribe a fee to be imposed on an applicant for:

             (1) The issuance or renewal of a certificate of authorization for a radiation machine for mammography pursuant to NRS 457.184;

             (2) The issuance or renewal of registration of a radiation machine pursuant to the regulations adopted by the State Board of Health pursuant to NRS 459.201;

             (3) The renewal of a license to operate a surgical center for ambulatory patients, facility for the treatment of irreversible renal disease, facility for hospice care, program of hospice care, hospital, facility for intermediate care, facility for skilled nursing [, agency to provide personal care services in the home] or rural clinic pursuant to NRS 449.089; [or]

             (4) The renewal of a license to operate an agency to provide personal care services in the home pursuant to section 28 of this act; or

             (5) The renewal of a license to operate a medical laboratory, other than a laboratory in which the only test performed is a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations, pursuant to NRS 652.080.

      2.  The amount of any fee prescribed pursuant to paragraph (e) of subsection 1 must not exceed 8 percent of the fee for the issuance or renewal of the applicable license, certificate or registration. For the purposes of this subsection, the fee for the renewal of a license to operate a facility described in subparagraph (3) of paragraph (e) of subsection 1 does not include any fee that is imposed per bed in the facility.

      3.  The fees collected pursuant to paragraph (e) of subsection 1 must be accounted for separately and used by the Division to support the system for the reporting of information on cancer and other neoplasms established pursuant to NRS 457.230.

      Sec. 107. NRS 21.130 is hereby amended to read as follows:

      21.130  1.  Before the sale of property on execution, notice of the sale, in addition to the notice required pursuant to NRS 21.075 and 21.076, must be given as follows:

      (a) In cases of perishable property, by posting written notice of the time and place of sale in three public places at the township or city where the sale is to take place, for such a time as may be reasonable, considering the character and condition of the property.

      (b) In case of other personal property, by posting a similar notice in three public places of the township or city where the sale is to take place, not less than 5 or more than 10 days before the sale, and, in case of sale on execution issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there is one in the county, at least twice, the first publication being not less than 10 days before the date of the sale.

 


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κ2025 Statutes of Nevada, Page 965 (CHAPTER 158, AB 519)κ

 

issuing out of a district court, by the publication of a copy of the notice in a newspaper, if there is one in the county, at least twice, the first publication being not less than 10 days before the date of the sale.

      (c) In case of real property, by:

             (1) Personal service upon each judgment debtor or by registered mail to the last known address of each judgment debtor and, if the property of the judgment debtor is operated as a facility licensed under chapter 449 of NRS [,] or an entity licensed or certified under the chapter consisting of sections 2 to 90, inclusive, of this act, upon the State Board of Health;

             (2) Posting a similar notice particularly describing the property, for 20 days successively, in three public places of the township or city where the property is situated and where the property is to be sold;

             (3) Publishing a copy of the notice three times, once each week, for 3 successive weeks, in a newspaper, if there is one in the county. The cost of publication must not exceed the rate for legal advertising as provided in NRS 238.070. If the newspaper authorized by this section to publish the notice of sale neglects or refuses from any cause to make the publication, then the posting of notices as provided in this section shall be deemed sufficient notice. Notice of the sale of property on execution upon a judgment for any sum less than $500, exclusive of costs, must be given only by posting in three public places in the county, one of which must be the courthouse;

             (4) Recording a copy of the notice in the office of the county recorder;

             (5) If the sale of property is a residential foreclosure, posting a copy of the notice in a conspicuous place on the property. In addition to the requirements of NRS 21.140, the notice must not be defaced or removed until the transfer of title is recorded or the property becomes occupied after completion of the sale, whichever is earlier; and

             (6) In the case of a foreclosure sale, depositing in the United States mail an envelope, registered or certified, return receipt requested and with postage prepaid, containing a copy of the notice, addressed to:

                   (I) Each person who, in accordance with subsection 1 of NRS 107.090, has recorded a request for a copy of a notice of default or notice of sale with respect to the mortgage or other lien being foreclosed;

                   (II) Each other person with an interest in the real property whose interest or claimed interest is subordinate to the mortgage or other lien being foreclosed; and

                   (III) An association that, pursuant to subsection 4 of NRS 107.090, has recorded a request for a copy of the deed upon a foreclosure sale.

      2.  If the sale of property is a residential foreclosure, the notice must include, without limitation:

      (a) The physical address of the property; and

      (b) The contact information of the party who is authorized to provide information relating to the foreclosure status of the property.

      3.  If the sale of property is a residential foreclosure, a separate notice must be posted in a conspicuous place on the property and mailed, with a certificate of mailing issued by the United States Postal Service or another mail delivery service, to any tenant or subtenant, if any, other than the judgment debtor, in actual occupation of the premises not later than 3 business days after the notice of the sale is given pursuant to subsection 1. The separate notice must be in substantially the following form:

 


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κ2025 Statutes of Nevada, Page 966 (CHAPTER 158, AB 519)κ

 

NOTICE TO TENANTS OF THE PROPERTY

 

Foreclosure proceedings against this property have started, and a notice of sale of the property to the highest bidder has been issued.

 

You may either: (1) terminate your lease or rental agreement and move out; or (2) remain and possibly be subject to eviction proceedings under chapter 40 of the Nevada Revised Statutes. Any subtenants may also be subject to eviction proceedings.

 

Between now and the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the landlord.

 

After the date of the sale, you may be evicted if you fail to pay rent or live up to your other obligations to the successful bidder, in accordance with chapter 118A of the Nevada Revised Statutes.

 

Under the Nevada Revised Statutes, eviction proceedings may begin against you after you have been given a notice to surrender.

 

If the property is sold and you pay rent by the week or another period of time that is shorter than 1 month, you should generally receive notice after not less than the number of days in that period of time.

 

If the property is sold and you pay rent by the month or any other period of time that is 1 month or longer, you should generally receive notice at least 60 days in advance.

 

Under Nevada Revised Statutes 40.280, notice must generally be served on you pursuant to chapter 40 of the Nevada Revised Statutes.

 

If the property is sold and a landlord, successful bidder or subsequent purchaser files an eviction action against you in court, you will be served with a summons and complaint and have the opportunity to respond. Eviction actions may result in temporary evictions, permanent evictions, the awarding of damages pursuant to Nevada Revised Statutes 40.360 or some combination of those results.

 

Under the Justice Court Rules of Civil Procedure:

       (1) You will be given at least 10 days to answer a summons and complaint;

       (2) If you do not file an answer, an order evicting you by default may be obtained against you;

       (3) A hearing regarding a temporary eviction may be called as soon as 11 days after you are served with the summons and complaint; and

       (4) A hearing regarding a permanent eviction may be called as soon as 20 days after you are served with the summons and complaint.

 


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κ2025 Statutes of Nevada, Page 967 (CHAPTER 158, AB 519)κ

 

      4.  The sheriff shall not conduct a sale of the property on execution or deliver the judgment debtor’s property to the judgment creditor if the judgment debtor or any other person entitled to notice has not been properly notified as required in this section and NRS 21.075 and 21.076.

      5.  As used in this section:

      (a) “Foreclosure sale” means the sale of real property pursuant to NRS 40.430.

      (b) “Residential foreclosure” means the sale of a single family residence pursuant to NRS 40.430. As used in this subsection, “single family residence” means a structure that is comprised of not more than four units.

      Sec. 108. NRS 107.080 is hereby amended to read as follows:

      107.080  1.  Except as otherwise provided in NRS 106.210, 107.0805, 107.085 and 107.086, if any transfer in trust of any estate in real property is made after March 29, 1927, to secure the performance of an obligation or the payment of any debt, a power of sale is hereby conferred upon the trustee to be exercised after a breach of the obligation for which the transfer is security.

      2.  The power of sale must not be exercised, however, until:

      (a) In the case of any deed of trust coming into force:

             (1) On or after July 1, 1949, and before July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 15 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment; or

             (2) On or after July 1, 1957, the grantor, the person who holds the title of record, a beneficiary under a subordinate deed of trust or any other person who has a subordinate lien or encumbrance of record on the property has, for a period of 35 days, computed as prescribed in subsection 3, failed to make good the deficiency in performance or payment.

      (b) The beneficiary, the successor in interest of the beneficiary or the trustee first executes and causes to be recorded in the office of the recorder of each county wherein the trust property, or any part thereof, is situated a notice of the breach and of the election to sell or cause to be sold the property to satisfy the obligation.

      (c) The beneficiary or its successor in interest or the servicer of the obligation or debt secured by the deed of trust has instructed the trustee to exercise the power of sale with respect to the property.

      (d) Not less than 3 months have elapsed after the recording of the notice.

      3.  The 15- or 35-day period provided in paragraph (a) of subsection 2 commences on the first day following the day upon which the notice of default and election to sell is recorded in the office of the county recorder of each county in which the property is located and a copy of the notice of default and election to sell is mailed by registered or certified mail, return receipt requested and with postage prepaid to the grantor or, to the person who holds the title of record on the date the notice of default and election to sell is recorded, and, if the property is operated as a facility licensed under chapter 449 of NRS [,] or an entity licensed or certified under the chapter consisting of sections 2 to 90, inclusive, of this act, to the State Board of Health, at their respective addresses, if known, otherwise to the address of the trust property or, if authorized by the parties, delivered by electronic transmission. The notice of default and election to sell must describe the deficiency in performance or payment and may contain a notice of intent to declare the entire unpaid balance due if acceleration is permitted by the obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.

 


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obligation secured by the deed of trust, but acceleration must not occur if the deficiency in performance or payment is made good and any costs, fees and expenses incident to the preparation or recordation of the notice and incident to the making good of the deficiency in performance or payment are paid within the time specified in subsection 2.

      4.  The trustee, or other person authorized to make the sale under the terms of the deed of trust, shall, after expiration of the applicable period specified in paragraph (d) of subsection 2 following the recording of the notice of breach and election to sell, and before the making of the sale, give notice of the time and place thereof by recording the notice of sale and by:

      (a) Providing the notice to each trustor, any other person entitled to notice pursuant to this section and, if the property is operated as a facility licensed under chapter 449 of NRS [,] or an entity licensed or certified under the chapter consisting of sections 2 to 90, inclusive, of this act, the State Board of Health, by personal service, by electronic transmission if authorized by the parties or by mailing the notice by registered or certified mail to the last known address of the trustor and any other person entitled to such notice pursuant to this section;

      (b) Posting a similar notice particularly describing the property, for 20 days successively, in a public place in each county where the property is situated; and

      (c) Publishing a copy of the notice three times, once each week for 3 consecutive weeks, in a newspaper of general circulation in each county where the property is situated or, if the property is a time share, by posting a copy of the notice on an Internet website and publishing a statement in a newspaper in the manner required by subsection 3 of NRS 119A.560.

      5.  Every sale made under the provisions of this section and other sections of this chapter vests in the purchaser the title of the grantor and any successors in interest without equity or right of redemption. Except as otherwise provided in subsection 7, a sale made pursuant to this section must be declared void by any court of competent jurisdiction in the county where the sale took place if:

      (a) The trustee or other person authorized to make the sale does not substantially comply with the provisions of this section;

      (b) Except as otherwise provided in subsection 6, an action is commenced in the county where the sale took place within 30 days after the date on which the trustee’s deed upon sale is recorded pursuant to subsection 10 in the office of the county recorder of each county in which the property is located; and

      (c) A notice of lis pendens providing notice of the pendency of the action is recorded in the office of the county recorder of each county where the sale took place within 5 days after commencement of the action.

      6.  If proper notice is not provided pursuant to subsection 3 or paragraph (a) of subsection 4 to the grantor, to the person who holds the title of record on the date the notice of default and election to sell is recorded, to each trustor or to any other person entitled to such notice, the person who did not receive such proper notice may commence an action pursuant to subsection 5 within 90 days after the date of the sale.

      7.  Upon expiration of the time for commencing an action which is set forth in subsections 5 and 6, any failure to comply with the provisions of this section or any other provision of this chapter does not affect the rights of a bona fide purchaser as described in NRS 111.180.

 


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      8.  If, in an action brought by the grantor or the person who holds title of record in the district court in and for any county in which the real property is located, the court finds that the beneficiary, the successor in interest of the beneficiary or the trustee did not comply with any requirement of subsection 2, 3 or 4, the court must award to the grantor or the person who holds title of record:

      (a) Damages of $5,000 or treble the amount of actual damages, whichever is greater;

      (b) An injunction enjoining the exercise of the power of sale until the beneficiary, the successor in interest of the beneficiary or the trustee complies with the requirements of subsections 2, 3 and 4; and

      (c) Reasonable attorney’s fees and costs,

Κ unless the court finds good cause for a different award. The remedy provided in this subsection is in addition to the remedy provided in subsection 5.

      9.  The sale or assignment of a proprietary lease in a cooperative vests in the purchaser or assignee title to the ownership interest and votes in the cooperative association which accompany the proprietary lease.

      10.  After a sale of property is conducted pursuant to this section, the trustee shall:

      (a) Within 30 days after the date of the sale, record the trustee’s deed upon sale in the office of the county recorder of each county in which the property is located; or

      (b) Within 20 days after the date of the sale, deliver the trustee’s deed upon sale to the successful bidder. Within 10 days after the date of delivery of the deed by the trustee, the successful bidder shall record the trustee’s deed upon sale in the office of the county recorder of each county in which the property is located.

      11.  Within 5 days after recording the trustee’s deed upon sale, the trustee or successful bidder, whoever recorded the trustee’s deed upon sale pursuant to subsection 10, shall cause a copy of the trustee’s deed upon sale to be posted conspicuously on the property. The failure of a trustee or successful bidder to effect the posting required by this subsection does not affect the validity of a sale of the property to a bona fide purchaser for value without knowledge of the failure.

      12.  If the successful bidder fails to record the trustee’s deed upon sale pursuant to paragraph (b) of subsection 10, the successful bidder:

      (a) Is liable in a civil action to any party that is a senior lienholder against the property that is the subject of the sale in a sum of up to $500 and for reasonable attorney’s fees and the costs of bringing the action; and

      (b) Is liable in a civil action for any actual damages caused by the failure to comply with the provisions of subsection 10 and for reasonable attorney’s fees and the costs of bringing the action.

      13.  The county recorder shall, in addition to any other fee, at the time of recording a notice of default and election to sell collect:

      (a) A fee of $150 for deposit in the State General Fund.

      (b) A fee of $95 for deposit in the Account for Foreclosure Mediation Assistance, which is hereby created in the State General Fund. The Account must be administered by the Interim Finance Committee and the money in the Account may be expended only for the purpose of:

             (1) Supporting a program of foreclosure mediation; and

             (2) The development and maintenance of an Internet portal for a program of foreclosure mediation pursuant to subsection 16 of NRS 107.086.

 


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      (c) A fee of $5 to be paid over to the county treasurer on or before the fifth day of each month for the preceding calendar month. The county recorder may direct that 1.5 percent of the fees collected by the county recorder pursuant to this paragraph be transferred into a special account for use by the office of the county recorder. The county treasurer shall remit quarterly to the organization operating the program for legal services that receives the fees charged pursuant to NRS 19.031 for the operation of programs for the indigent all the money received from the county recorder pursuant to this paragraph.

      14.  The fees collected pursuant to paragraphs (a) and (b) of subsection 13 must be paid over to the county treasurer by the county recorder on or before the fifth day of each month for the preceding calendar month, and, except as otherwise provided in this subsection, must be placed to the credit of the State General Fund or the Account for Foreclosure Mediation Assistance as prescribed pursuant to subsection 13. The county recorder may direct that 1.5 percent of the fees collected by the county recorder be transferred into a special account for use by the office of the county recorder. The county treasurer shall, on or before the 15th day of each month, remit the fees deposited by the county recorder pursuant to this subsection to the State Controller for credit to the State General Fund or the Account as prescribed in subsection 13.

      15.  The beneficiary, the successor in interest of the beneficiary or the trustee who causes to be recorded the notice of default and election to sell shall not charge the grantor or the successor in interest of the grantor any portion of any fee required to be paid pursuant to subsection 13.

      Sec. 109. NRS 118A.335 is hereby amended to read as follows:

      118A.335  1.  Except as otherwise provided in subsection 6, a landlord of dwelling units intended and operated exclusively for persons 55 years of age and older may not employ any person who will work 36 hours or more per week and who will have access to all dwelling units to perform work on the premises unless the person has obtained a work card issued pursuant to subsection 2 by the sheriff of the county in which the dwelling units are located and renewed that work card as necessary.

      2.  The sheriff of a county shall issue a work card to each person who is required by this section to obtain a work card and who complies with the requirements established by the sheriff for the issuance of such a card. A work card issued pursuant to this section must be renewed:

      (a) Every 5 years; and

      (b) Whenever the person changes his or her employment to perform work for an employer other than the employer for which the person’s current work card was issued.

      3.  Except as otherwise provided in subsection 4, if the sheriff of a county requires an applicant for a work card to be investigated:

      (a) The applicant must submit with his or her application a complete set of his or her fingerprints and written permission authorizing the sheriff to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report.

      (b) The sheriff shall submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of the applicant.

 


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      (c) The sheriff may issue a temporary work card pending the determination of the criminal history of the applicant by the Federal Bureau of Investigation.

      4.  The sheriff of a county shall not require an investigation of the criminal history of an employee or independent contractor of an agency , [or] facility or organization governed by NRS 449.122 to 449.125, inclusive, and 449.174 , sections 36 to 40, inclusive, and section 49 of this act, or sections 80 to 85, inclusive, of this act, as applicable, who has had his or her fingerprints submitted to the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.123 or section 37 or 81 of this act, as applicable, for an investigation of his or her criminal history within the immediately preceding 6 months.

      5.  The sheriff shall not issue a work card to any person who:

      (a) Has been convicted of a category A, B or C felony or of a crime in another state which would be a category A, B or C felony if committed in this State;

      (b) Has been convicted of a sexual offense;

      (c) Has been convicted of a crime against any person who is 60 years of age or older or against a vulnerable person for which an additional term of imprisonment may be imposed pursuant to NRS 193.167 or the laws of any other jurisdiction;

      (d) Has been convicted of a battery punishable as a gross misdemeanor; or

      (e) Within the immediately preceding 5 years:

             (1) Has been convicted of a theft; or

             (2) Has been convicted of a violation of any state or federal law regulating the possession, distribution or use of a controlled substance.

      6.  The following persons are not required to obtain a work card pursuant to this section:

      (a) A person who holds a permit to engage in property management pursuant to chapter 645 of NRS.

      (b) An independent contractor. As used in this paragraph, “independent contractor” means a person who performs services for a fixed price according to the person’s own methods and without subjection to the supervision or control of the landlord, except as to the results of the work, and not as to the means by which the services are accomplished.

      (c) An offender in the course and scope of his or her employment in a work program directed by the warden, sheriff, administrator or other person responsible for administering a prison, jail or other detention facility.

      (d) A person performing work through a court-assigned restitution or community-service program.

      7.  If the sheriff does not issue a work card to a person because the information received from the Central Repository for Nevada Records of Criminal History indicates that the person has been convicted of a crime listed in subsection 5 and the person believes that the information provided by the Central Repository is incorrect, the person may immediately inform the sheriff. If the sheriff is so informed, the sheriff shall give the person at least 30 days in which to correct the information before terminating the temporary work card issued pursuant to subsection 3.

      8.  As used in this section, unless the context otherwise requires:

      (a) “Sexual offense” has the meaning ascribed to it in NRS 179D.097.

      (b) “Vulnerable person” has the meaning ascribed to it in NRS 200.5092.

 


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      Sec. 110. NRS 162A.740 is hereby amended to read as follows:

      162A.740  “Health care facility” includes:

      1.  Any medical facility as defined in NRS 449.0151; [and]

      2.  Any facility for the dependent as defined in NRS 449.0045 [.] ; and

      3.  Any agency to provide personal care services in the home as defined in section 3 of this act.

      Sec. 111. NRS 179A.075 is hereby amended to read as follows:

      179A.075  1.  The Central Repository for Nevada Records of Criminal History is hereby created within the Records, Communications and Compliance Division of the Department.

      2.  Each agency of criminal justice and any other agency dealing with crime shall:

      (a) Collect and maintain records, reports and compilations of statistical data required by the Department; and

      (b) Submit the information collected to the Central Repository:

             (1) In the manner approved by the Director of the Department; and

             (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.

      3.  Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division. The information must be submitted to the Division:

      (a) Through an electronic network;

      (b) On a medium of magnetic storage; or

      (c) In the manner prescribed by the Director of the Department,

Κ within 60 days after the date of the disposition of the case. If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division. The Division shall delete all references in the Central Repository relating to that particular arrest.

      4.  Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:

      (a) In the manner prescribed by the Director of the Department;

      (b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation; and

      (c) Within the time prescribed by the Director of the Department.

      5.  The Division shall, in the manner prescribed by the Director of the Department:

      (a) Collect, maintain and arrange all information submitted to it relating to:

             (1) Records of criminal history; and

             (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

      (b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

      (c) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

 


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      6.  The Division may:

      (a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

      (b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a); and

      (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

             (1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

             (2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

             (3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

             (4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183 [,] and 449.123 and [449.4329;] sections 37 and 81 of this act; or

             (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

      7.  To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 6, the Central Repository must receive:

      (a) The person’s complete set of fingerprints for the purposes of:

             (1) Booking the person into a city or county jail or detention facility;

             (2) Employment;

             (3) Contractual services; or

             (4) Services related to occupational licensing;

      (b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice; or

      (c) Any other biometric identifier of the person as it may require for the purposes of:

             (1) Arrest; or

             (2) Criminal investigation,

Κ from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.

      8.  The Central Repository shall:

      (a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

      (b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

      (c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

 


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      (d) Investigate the criminal history of any person who:

             (1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

             (2) Has applied to a county school district, charter school or private school for employment or to serve as a volunteer; or

             (3) Is employed by or volunteers for a county school district, charter school or private school,

Κ and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, or convicted of a felony or any offense involving moral turpitude.

      (e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

             (1) Investigated pursuant to paragraph (d); or

             (2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,

Κ who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation. The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

      (f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122 [,] or 449.123 or [449.4329.] section 36, 37, 80 or 81 of this act.

      (g) Provide an electronic means to access on the Central Repository’s Internet website statistical data relating to crime.

      (h) Provide an electronic means to access on the Central Repository’s Internet website statistical data about domestic violence in this State.

      (i) Identify and review the collection and processing of statistical data relating to criminal justice by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

      (j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:

             (1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction; and

             (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.

      9.  The Central Repository may:

      (a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.

 


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      (b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section. The Central Repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime which is required to submit information pursuant to subsection 2. All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository or for any other purpose authorized by the Legislature, and any balance of the money remaining at the end of a fiscal year reverts to the State General Fund.

      (c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

      10.  As used in this section:

      (a) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

      (b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

             (1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person; and

             (2) A biometric identifier of a person.

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

      Sec. 112. NRS 200.471 is hereby amended to read as follows:

      200.471  1.  As used in this section:

      (a) “Assault” means:

             (1) Unlawfully attempting to use physical force against another person; or

             (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

      (b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

      (c) “Health care facility” means a facility licensed pursuant to chapter 449 of NRS, an entity licensed or certified pursuant to the chapter consisting of sections 2 to 90, inclusive, of this act, an office of a person listed in NRS 629.031, a clinic or any other location, other than a residence, where health care is provided.

      (d) “Officer” means:

             (1) A person who possesses some or all of the powers of a peace officer;

             (2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

             (3) A member of a volunteer fire department;

             (4) A jailer, guard or other correctional officer of a city or county jail;

             (5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

             (6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;

             (7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

 


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             (8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to law enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

             (9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to fire fighting or fire prevention; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency; or

             (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

                   (I) Interact with the public;

                   (II) Perform tasks related to code enforcement; and

                   (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

      (e) “Provider of health care” means:

             (1) A physician, a medical student, a perfusionist, an anesthesiologist assistant or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant or anesthesiologist assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a naprapath, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a person who provides health care services in the home for compensation, a dentist, a dental student, a dental hygienist, a dental hygienist student, an expanded function dental assistant, an expanded function dental assistant student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a behavior analyst, an assistant behavior analyst, a registered behavior technician, a mental health technician, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, a public safety officer at a health care facility, an emergency medical technician, an advanced emergency medical technician, a paramedic or a participant in a program of training to provide emergency medical services; or

             (2) An employee of or volunteer for a health care facility who:

                   (I) Interacts with the public;

                   (II) Performs tasks related to providing health care; and

                   (III) Wears identification, clothing or a uniform that identifies the person as an employee or volunteer of the health care facility.

 


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      (f) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

      (g) “Sporting event” has the meaning ascribed to it in NRS 41.630.

      (h) “Sports official” has the meaning ascribed to it in NRS 41.630.

      (i) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

      (j) “Taxicab driver” means a person who operates a taxicab.

      (k) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

      (l) “Utility worker” means an employee of a public utility as defined in NRS 704.020 whose official duties require the employee to:

             (1) Interact with the public;

            (2) Perform tasks related to the operation of the public utility; and

             (3) Wear identification, clothing or a uniform that identifies the employee as working for the public utility.

      2.  A person convicted of an assault shall be punished:

      (a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

      (b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (c) If paragraph (d) does not apply to the circumstances of the crime and if the assault:

             (1) Is committed upon:

                   (I) An officer, a school employee, a taxicab driver, a transit operator or a utility worker who is performing his or her duty;

                   (II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty; or

                   (III) A sports official based on the performance of his or her duties at a sporting event; and

             (2) The person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator, a utility worker or a sports official,

Κ for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      (d) If the assault:

             (1) Is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee upon:

                   (I) An officer, a school employee, a taxicab driver, a transit operator or a utility worker who is performing his or her duty;

                   (II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty; or

                   (III) A sports official based on the performance of his or her duties at a sporting event; and

 


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             (2) The probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator, a utility worker or a sports official,

Κ for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

      Sec. 113. NRS 200.5093 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

      (a) Every physician, dentist, dental hygienist, expanded function dental assistant, chiropractic physician, naprapath, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, anesthesiologist assistant, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, behavior analyst, assistant behavior analyst, registered behavior technician, peer recovery support specialist, as defined in NRS 433.627, peer recovery support specialist supervisor, as defined in NRS 433.629, or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

 


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medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

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

      (c) A coroner.

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

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

      (f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in [NRS 449.4304.] section 59 of this act.

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

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

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

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

      (k) Every social worker.

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

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

      (n) Every person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to NRS 422.27177.

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

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

      7.  A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days.

 


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working days. A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

      (a) Aging and Disability Services Division;

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

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

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

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

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

      Sec. 114. NRS 200.5095 is hereby amended to read as follows:

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

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

      (a) Pursuant to a criminal prosecution;

      (b) Pursuant to NRS 200.50982; or

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

Κ is guilty of a misdemeanor.

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

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

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

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

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

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

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

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

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

 


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neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

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

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

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

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

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

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

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

      4.  If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, 641D, 653 or 654 of NRS [,] or the chapter consisting of sections 2 to 90, inclusive, of this act, the information contained in the report must be submitted to the board that issued the license.

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

      Sec. 115. NRS 232.320 is hereby amended to read as follows:

      232.320  1.  The Director:

      (a) Shall appoint, with the consent of the Governor, administrators of the divisions of the Department, who are respectively designated as follows:

             (1) The Administrator of the Aging and Disability Services Division;

             (2) The Administrator of the Division of Welfare and Supportive Services;

             (3) The Administrator of the Division of Child and Family Services;

             (4) The Administrator of the Division of Health Care Financing and Policy; and

             (5) The Administrator of the Division of Public and Behavioral Health.

      (b) Shall administer, through the divisions of the Department, the provisions of chapters 63, 424, 425, 427A, 432A to 442, inclusive, 446 to 450, inclusive, and the chapter consisting of sections 2 to 90, inclusive, of this act, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 445A.055, inclusive, and all other provisions of law relating to the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

 


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the functions of the divisions of the Department, but is not responsible for the clinical activities of the Division of Public and Behavioral Health or the professional line activities of the other divisions.

      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

      Sec. 116. NRS 232.359 is hereby amended to read as follows:

      232.359  1.  The Department, in collaboration with any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services, shall establish and maintain a statewide information and referral system to provide nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State. The system must:

      (a) Integrate any information and referral systems previously established by state agencies, local agencies or community-based organizations with the system established pursuant to this section;

      (b) Be the sole system in this State which is accessible to a person by dialing the digits 2-1-1 and which provides nonemergency information and referrals to the general public concerning the health, welfare, human and social services provided by public or private entities in this State;

 


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      (c) Be accessible to a person using the public telephone system by dialing the digits 2-1-1;

      (d) Include information concerning service-connected disabilities and diseases, including, without limitation, diseases presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 3.344, inclusive;

      (e) Except as otherwise provided in paragraph (f), include information that is updated periodically; and

      (f) Include information concerning the licensing status of any entity licensed pursuant to chapter 449 of NRS or the chapter consisting of sections 2 to 90, inclusive, of this act that is reviewed and updated at least quarterly.

      2.  In establishing the statewide information and referral system, the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services shall consult with representatives of:

      (a) The Public Utilities Commission of Nevada;

      (b) Telephone companies which provide service through a local exchange in this State;

      (c) Companies that provide wireless phone services in this State;

      (d) Existing information and referral services established by state agencies, local agencies or community-based organizations;

      (e) State and local agencies or other organizations that provide health, welfare, human and social services;

      (f) Nonprofit organizations; and

      (g) Such other agencies, entities and organizations as determined necessary by the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services or any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services.

      3.  The Public Utilities Commission of Nevada, each telephone company which provides service through a local exchange in this State and each company that provides wireless phone services in this State shall cooperate with the Department, any state or local agencies or community-based organizations which provide information and referral services concerning health, welfare, human and social services and any group established by the Governor to implement a statewide information and referral system concerning health, welfare, human and social services in the establishment of the statewide information and referral system.

      Sec. 117. NRS 232B.237 is hereby amended to read as follows:

      232B.237  1.  The Sunset Subcommittee of the Legislative Commission shall conduct a review of each professional or occupational licensing board and regulatory body in this State to determine whether the restrictions on the criminal history of an applicant for an occupational or professional license are appropriate.

      2.  Each professional or occupational licensing board and regulatory body subject to review pursuant to subsection 1 must submit information to the Sunset Subcommittee on a form prescribed by the Sunset Subcommittee. The information must include, without limitation:

      (a) The number of petitions submitted to a professional or occupational licensing board and regulatory body pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395, 445B.7776, 449.03008, [449.4316,] 450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 678B.630 and 706.4626 [;] and sections 10 and 70 of this act;

 


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[449.4316,] 450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 678B.630 and 706.4626 [;] and sections 10 and 70 of this act;

      (b) The number of determinations of disqualification made by the professional or occupational licensing board and regulatory body pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395, 445B.7776, 449.03008, [449.4316,] 450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 678B.630 and 706.4626 [;] and sections 10 and 70 of this act; and

      (c) The reasons for such determinations of disqualification.

      3.  As used in this section, “regulatory body” has the meaning ascribed to it in NRS 622.060.

      Sec. 118. 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.

 


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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, 633.4717, 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 sections 23, 55 and 69 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

 


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advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

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

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

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

      (a) The public record:

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

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

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

             (1) Give access to proprietary software; or

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

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

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

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

      Sec. 119. NRS 287.500 is hereby amended to read as follows:

      287.500  As used in NRS 287.500 to 287.530, inclusive, unless the context otherwise requires:

      1.  “Employee organization” means an organization of any kind whose members are governmental employees and has as one of its purposes the improvement of the terms and conditions of employment of governmental employees.

      2.  “Professional service” means any type of personal service which may be performed only pursuant to a license, certificate of registration or other authorization issued by this state, except services provided by any person licensed under chapter 630 or 633 of NRS , [or] by any medical facility or facility for the dependent as defined in chapter 449 of NRS [.] or any agency to provide personal care services in the home as defined in section 3 of this act.

      Sec. 120. NRS 422.272407 is hereby amended to read as follows:

      422.272407  1.  To the extent authorized by federal law, the Director shall include [in the State Plan for] under Medicaid authorization for [a] :

 


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      (a) A recipient of Medicaid to be deemed a provider of services for the purposes of allowing the recipient to receive reimbursements for personal care services covered by Medicaid and use that money to pay for services provided by a personal care assistant acting pursuant to NRS 629.091 or an agency to provide personal care services in the home using a self-directed model.

      (b) A member of the family of a recipient of Medicaid to serve as a personal care assistant pursuant to paragraph (a) if the family member:

             (1) Completes the training required by section 30 of this act; and

             (2) Receives authorization from a provider of health care pursuant to NRS 629.091 to act as a personal care assistant for the recipient.

      2.  As used in this section:

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.

      (b) “Personal care services” means the services described in [NRS 449.1935.] section 52 of this act.

      Sec. 121. NRS 422.3792 is hereby amended to read as follows:

      422.3792  “Agency to provide personal care services in the home” has the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.

      Sec. 122. NRS 422.3965 is hereby amended to read as follows:

      422.3965  1.  The Department shall apply to the Secretary of Health and Human Services for a home and community-based services waiver granted pursuant to 42 U.S.C. § 1396n(c). The waiver must authorize the Department to include structured family caregiving for persons suffering from dementia as medical assistance under Medicaid.

      2.  The waiver must:

      (a) Authorize an applicant for or a recipient of Medicaid suffering from dementia to choose any:

             (1) Person, including, without limitation, a spouse or a person who is legally responsible for the recipient, to serve as his or her caregiver; and

             (2) Appropriate residence in which to receive structured family caregiving;

      (b) Require a caregiver chosen by a recipient of Medicaid pursuant to paragraph (a), including, without limitation, a caregiver chosen by an applicant whose application is approved, to be or become an employee of an agency to provide personal care services in the home or an intermediary service organization;

      (c) Establish a per diem rate to be paid to an agency to provide personal care services in the home or an intermediary service organization that employs a caregiver pursuant to paragraph (b);

      (d) Require an agency to provide personal care services in the home or intermediary service organization that employs a caregiver pursuant to paragraph (b) to provide to the caregiver a daily stipend that is at least 65 percent of the per diem rate paid to the agency to provide personal care services in the home or intermediary service organization; and

      (e) Require a caregiver chosen by a recipient of Medicaid pursuant to paragraph (a), including, without limitation, a caregiver chosen by an applicant whose application is approved, to complete [any] the training [the Aging and Disability Services Division of the Department determines to be necessary for the caregiver to provide adequate care to the recipient.] required by section 30 of this act.

      3.  The Department shall:

      (a) Cooperate with the Federal Government in obtaining a waiver pursuant to this section;

 


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      (b) If the Federal Government approves the waiver, adopt regulations necessary to carry out the provisions of this section, including, without limitation, the criteria to be used in determining eligibility for an applicant for or a recipient of Medicaid suffering from dementia to receive structured family caregiving pursuant to this section; and

      (c) Implement the amendments to the waiver only to the extent that the amendments are approved by the Federal Government.

      4.  As used in this section:

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.

      (b) “Intermediary service organization” has the meaning ascribed to it in [NRS 449.4304.] section 59 of this act.

      (c) “Structured family caregiving” means the provision of services to a person who resides in the same residence as the caregiver on a full-time basis. The services provided may include, without limitation:

             (1) Case management services;

             (2) Personal care services;

             (3) Personal assistance;

             (4) Homemaker services; and

             (5) Health-related services, including, without limitation, home health aide services.

      Sec. 123. NRS 427A.175 is hereby amended to read as follows:

      427A.175  1.  Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization, a community health worker pool or an agency to provide nursing in the home in protecting the property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

      2.  Upon receiving a verified complaint pursuant to subsection 1, the Administrator shall investigate the complaint and attempt to settle the matter through arbitration, mediation or negotiation.

      3.  If a settlement is not reached pursuant to subsection 2, the facility, home, agency, organization or older patient may request a hearing before the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition. If requested, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall conduct a hearing to determine whether the facility, home, agency, pool or organization is liable for damages to the patient. If the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines that the facility, home, agency, pool or organization is liable for damages to the patient, the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition shall order the amount of the surety bond pursuant to NRS 449.065 or section 24 or 67 of this act, as applicable, or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 or section 25 or 68 of this act, as applicable, to be released to the Division. The Division shall pay any such amount to the older patient or the estate of the older patient.

      4.  The Division shall create a separate account for money to be collected and distributed pursuant to this section.

 


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      5.  As used in this section:

      (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in [NRS 449.0021;] section 3 of this act;

      (c) “Community health worker pool” has the meaning ascribed to it in NRS 449.0028;

      (d) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

      (e) “Facility for skilled nursing” has the meaning ascribed to it in NRS 449.0039;

      (f) “Home for individual residential care” has the meaning ascribed to it in NRS 449.0105;

      (g) “Intermediary service organization” has the meaning ascribed to it in [NRS 449.4304;] section 59 of this act;

      (h) “Older patient” has the meaning ascribed to it in NRS 449.065; and

      (i) “Residential facility for groups” has the meaning ascribed to it in NRS 449.017.

      Sec. 124. NRS 427A.906 is hereby amended to read as follows:

      427A.906  “Facility or service provider” means:

      1.  Any facility or other entity licensed or certified pursuant to chapter 435 or 449 of NRS [.] or the chapter consisting of sections 2 to 90, inclusive, of this act.

      2.  A provider of emergency medical services.

      3.  A facility for long-term rehabilitation.

      4.  Any unlicensed establishment that provides food, shelter, assistance and limited supervision to an older person or a vulnerable person.

      Sec. 125. NRS 435.450 is hereby amended to read as follows:

      435.450  1.  If a patient in a division facility is transferred to another division facility or to a medical facility, a facility for the dependent , an agency to provide personal care services in the home or a physician licensed to practice medicine, the division facility shall forward a copy of the medical records of the patient, on or before the date the patient is transferred, to the facility , agency or physician. Except as otherwise required by 42 U.S.C. § 290dd, 290dd-1 or 290dd-2 or NRS 439.591 or 439.597, the division facility is not required to obtain the oral or written consent of the patient to forward a copy of the medical records.

      2.  As used in this section, [“medical] :

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in section 3 of this act.

      (b) “Medical records” includes a medical history of the patient, a summary of the current physical condition of the patient and a discharge summary which contains the information necessary for the proper treatment of the patient.

      Sec. 126. NRS 608.0195 is hereby amended to read as follows:

      608.0195 1.  If an employee specified in paragraph (a) of subsection 3 is required to be on duty for 24 hours or more, the employer and employee may agree in writing to exclude from the employee’s wages a regularly scheduled sleeping period not to exceed 8 hours if adequate sleeping facilities are furnished:

      (a) By the employer of an employee described in subparagraph (1) of paragraph (a) of subsection 3; or

 


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      (b) In the home in which an employee described in subparagraph (2) of paragraph (a) of subsection 3 provides personal care services,

Κ as applicable.

      2.  If the sleeping period is interrupted by any call for service by the employer or for service to a person to whom the employee provides personal care services, the interruption must be counted as hours worked. If the sleeping period is interrupted by any call for service by the employer or for service to a person to whom the employee provides personal care services to such an extent that the sleeping period is less than 5 hours, the employee must be paid for the entire sleeping period.

      3.  The provisions of subsections 1 and 2:

      (a) Apply only to:

             (1) An employee who is on duty at a residential facility for a group of similarly situated persons who require supervision, care or other assistance from employees at the residential facility; and

             (2) An employee of an agency to provide personal care services in the home who is on duty.

      (b) Do not apply to a firefighter, a member of a rescue or emergency services crew or a peace officer, including, without limitation, a correctional officer.

      4.  As used in this section:

      (a) “A group of similarly situated persons” includes, without limitation, a group of:

             (1) Persons with a mental illness;

             (2) Persons with a physical disability;

             (3) Persons with an intellectual disability;

             (4) Persons who are elderly;

             (5) Persons recovering from alcohol or substance use disorders;

             (6) Children in foster care; and

             (7) Children in a program to address emotional or behavioral problems.

      (b) “Agency to provide personal care services in the home” has the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.

      (c) “On duty” means any period during which an employee is working or is required to remain on the premises of:

             (1) In the case of an employee described in subparagraph (1) of paragraph (a) of subsection 3, the employer; or

             (2) In the case of an employee described in subparagraph (2) of paragraph (a) of subsection 3, the home of a person to whom the employee provides personal care services.

      (d) “Personal care services” means the services described in [NRS 449.1935.] section 52 of this act.

      (e) “Residential facility” means:

             (1) A dormitory, any structure similar to a dormitory or any structure similar to a private residence in which a group of similarly situated persons reside for the purpose of receiving supervision, care or other assistance from employees on duty at the residential facility. Any such dormitory or structure similar to a dormitory may include a studio apartment for the use of the employees.

             (2) In the case of a program for children to address emotional or behavioral problems, any structure which provides for residential living for the children and employees.

 


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      Sec. 127. NRS 608.510 is hereby amended to read as follows:

      608.510  “Agency to provide personal care services in the home” has the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.

      Sec. 128. NRS 608.530 is hereby amended to read as follows:

      608.530  1.  “Home care employee” means a person who provides:

      (a) Personal care services through a home care program as an employee of a home care employer that is an agency to provide personal care services in the home;

      (b) Personal assistance through a home care program as a personal assistant for whom a home care employer that is an intermediary service organization is the employer of record; or

      (c) Temporary respite services through a home care program as an employee of a home care employer that has entered into a contract with the Aging and Disability Services Division of the Department of Health and Human Services to provide such services.

      2.  As used in this section, “personal assistant” has the meaning ascribed to it in [NRS 449.4308.] section 60 of this act.

      Sec. 129. NRS 608.570 is hereby amended to read as follows:

      608.570  “Intermediary service organization” has the meaning ascribed to it in [NRS 449.4304.] section 59 of this act.

      Sec. 130. NRS 608.580 is hereby amended to read as follows:

      608.580  “Personal assistance” has the meaning ascribed to it in [NRS 449.4308.] section 60 of this act.

      Sec. 131. NRS 608.590 is hereby amended to read as follows:

      608.590  “Personal care services” means the services described in [NRS 449.1935.] section 52 of this act.

      Sec. 132. NRS 608.600 is hereby amended to read as follows:

      608.600  “Temporary respite services” has the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.

      Sec. 133. NRS 630.024 is hereby amended to read as follows:

      630.024  1.  “Respiratory care” means the treatment, management, diagnostic testing, control and care of persons with deficiencies and abnormalities associated with the cardiopulmonary system. The term includes inhalation and respiratory therapy.

      2.  The term does not include any task performed in accordance with the regulations adopted by the State Board of Health pursuant to NRS 449.0304 and [449.4309.] sections 14 and 61 of this act.

      Sec. 134. NRS 630.060 is hereby amended to read as follows:

      630.060  1.  Six members of the Board must be persons who are licensed to practice medicine in this State, are actually engaged in the practice of medicine in this State and have resided and practiced medicine in this State for at least 5 years preceding their respective appointments.

      2.  One member of the Board must be a person who is licensed to practice as a physician assistant in this State, is actually engaged in practice as a physician assistant in this State and has resided and practiced as a physician assistant in this State for at least 5 years preceding his or her appointment.

      3.  One member of the Board must be a person who is licensed to engage in the practice of respiratory care in this State, is actually engaged in the practice of respiratory care in this State and has resided and practiced respiratory care in this State for at least 5 years preceding his or her appointment.

 


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      4.  One member of the Board must be a person who has resided in this State for at least 5 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.

      5.  The remaining two members of the Board must be persons who have resided in this State for at least 5 years and who:

      (a) Are not licensed in any state to practice any healing art;

      (b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;

      (c) Are not actively engaged in the administration of any facility for the dependent as defined in chapter 449 of NRS, agency to provide personal care services in the home as defined in section 3 of this act, medical facility or medical school; and

      (d) Do not have a pecuniary interest in any matter pertaining to the healing arts, except as a patient or potential patient.

      6.  The members of the Board must be selected without regard to their individual political beliefs.

      Sec. 135. NRS 630.253 is hereby amended to read as follows:

      630.253  1.  The Board shall, as a prerequisite for the:

      (a) Renewal of a license as a physician assistant;

      (b) Renewal of a license as an anesthesiologist assistant; or

      (c) Biennial registration of the holder of a license to practice medicine,

Κ require each holder to submit evidence of compliance with the requirements for continuing education as set forth in regulations adopted by the Board.

      2.  These requirements:

      (a) May provide for the completion of one or more courses of instruction relating to risk management in the performance of medical services.

      (b) Must provide for the completion of a course of instruction, within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

             (1) An overview of acts of terrorism and weapons of mass destruction;

             (2) Personal protective equipment required for acts of terrorism;

             (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

             (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

             (5) An overview of the information available on, and the use of, the Health Alert Network.

      (c) Must provide for the completion by a holder of a license to practice medicine of a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 6.

      (d) Must provide for the completion of at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.

      (e) Must provide for the biennial completion by each psychiatrist and each physician assistant practicing under the supervision of a psychiatrist of one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion.

 


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one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

             (1) May include the training provided pursuant to NRS 449.103 [,] or section 34 of this act, where applicable.

             (2) Must be based upon a range of research from diverse sources.

             (3) Must address persons of different cultural backgrounds, including, without limitation:

                   (I) Persons from various gender, racial and ethnic backgrounds;

                   (II) Persons from various religious backgrounds;

                   (III) Lesbian, gay, bisexual, transgender and questioning persons;

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

                   (VII) Persons with an intellectual disability, developmental disability or physical disability; and

                   (VIII) Persons who are part of any other population that a psychiatrist or a physician assistant practicing under the supervision of a psychiatrist may need to better understand, as determined by the Board.

      (f) Must allow the holder of a license to receive credit toward the total amount of continuing education required by the Board for the completion of a course of instruction relating to genetic counseling and genetic testing.

      (g) Must provide for the completion by a physician or physician assistant who provides or supervises the provision of emergency medical services in a hospital or primary care of at least 2 hours of training in the stigma, discrimination and unrecognized bias toward persons who have acquired or are at a high risk of acquiring human immunodeficiency virus within 2 years after beginning to provide or supervise the provision of such services or care.

      3.  The Board may determine whether to include in a program of continuing education courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction in addition to the course of instruction required by paragraph (b) of subsection 2.

      4.  The Board shall encourage each holder of a license who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

      (d) The importance of maintenance of function and independence for older persons.

      5.  The Board shall encourage each holder of a license to practice medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      6.  The Board shall require each holder of a license to practice medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness, which may include, without limitation, instruction concerning:

 


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instruction every 4 years on evidence-based suicide prevention and awareness, which may include, without limitation, instruction concerning:

      (a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

      (b) Approaches to engaging other professionals in suicide intervention; and

      (c) The detection of suicidal thoughts and ideations and the prevention of suicide.

      7.  The Board shall encourage each holder of a license to practice medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

      (a) Recognizing the symptoms of pediatric cancer; and

      (b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

      8.  A holder of a license to practice medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      9.  Except as otherwise provided in NRS 630.2535, a holder of a license to practice medicine may substitute not more than 2 hours of continuing education credits in pain management, care for persons with an addictive disorder or the screening, brief intervention and referral to treatment approach to substance use disorder for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      10.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Primary care” means the practice of family medicine, pediatrics, internal medicine, obstetrics and gynecology and midwifery.

      (e) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (f) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 136. NRS 630A.110 is hereby amended to read as follows:

      630A.110  1.  Two members of the Board must be persons who are licensed to practice allopathic or osteopathic medicine in any state or country, the District of Columbia or a territory or possession of the United States, have been engaged in the practice of homeopathic medicine in this State for a period of more than 2 years preceding their respective appointments, are actually engaged in the practice of homeopathic medicine in this State and are residents of this State.

      2.  One member of the Board must be an advanced practitioner of homeopathy who holds a valid certificate granted by the Board pursuant to NRS 630A.293.

      3.  One member of the Board must be a person who has resided in this State for at least 3 years and who represents the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member may be licensed under the provisions of this chapter.

 


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      4.  The remaining two members of the Board must be persons who:

      (a) Are not licensed in any state to practice any healing art;

      (b) Are not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art;

      (c) Are not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS [;] or any agency to provide personal care services in the home as defined in section 3 of this act;

      (d) Do not have a pecuniary interest in any matter pertaining to such a facility [,] or agency, except as a patient or potential patient; and

      (e) Have resided in this State for at least 3 years.

      5.  The members of the Board must be selected without regard to their individual political beliefs.

      6.  As used in this section, “healing art” means any system, treatment, operation, diagnosis, prescription or practice for the ascertainment, cure, relief, palliation, adjustment or correction of any human disease, ailment, deformity, injury, or unhealthy or abnormal physical or mental condition for the practice of which long periods of specialized education and training and a degree of specialized knowledge of an intellectual as well as physical nature are required.

      Sec. 137. NRS 632.343 is hereby amended to read as follows:

      632.343  1.  The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from:

      (a) An accredited school of professional nursing;

      (b) An accredited school of practical nursing;

      (c) An approved school of professional nursing in the process of obtaining accreditation; or

      (d) An approved school of practical nursing in the process of obtaining accreditation.

      2.  The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses.

      3.  The program of continuing education required by subsection 1 must include:

      (a) For a person licensed as an advanced practice registered nurse:

             (1) A course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 6.

             (2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of a course of instruction relating to genetic counseling and genetic testing.

      (b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.

 


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weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects:

             (1) An overview of acts of terrorism and weapons of mass destruction;

             (2) Personal protective equipment required for acts of terrorism;

             (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents;

             (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and

             (5) An overview of the information available on, and the use of, the Health Alert Network.

      (c) For each person licensed pursuant to this chapter, one or more courses of instruction that provide at least 4 hours of instruction relating to cultural competency and diversity, equity and inclusion to be completed biennially. Such instruction:

             (1) May include the training provided pursuant to NRS 449.103 [,] or section 34 of this act, where applicable.

             (2) Must be based upon a range of research from diverse sources.

             (3) Must address persons of different cultural backgrounds, including, without limitation:

                   (I) Persons from various gender, racial and ethnic backgrounds;

                   (II) Persons from various religious backgrounds;

                   (III) Lesbian, gay, bisexual, transgender and questioning persons;

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

                   (VII) Persons with an intellectual disability, developmental disability or physical disability; and

                   (VIII) Persons who are part of any other population that a person licensed pursuant to this chapter may need to better understand, as determined by the Board.

      (d) For a person licensed as an advanced practice registered nurse, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder to be completed within 2 years after initial licensure.

      (e) For each person licensed pursuant to this chapter who provides or supervises the provision of emergency medical services in a hospital or primary care, at least 2 hours of training in the stigma, discrimination and unrecognized bias toward persons who have acquired or are at a high risk of acquiring human immunodeficiency virus to be completed within 2 years after beginning to provide or supervise the provision of such services or care.

      4.  The Board may determine whether to include in a program of continuing education courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction in addition to the course of instruction required by paragraph (b) of subsection 3.

      5.  The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as:

      (a) The skills and knowledge that the licensee needs to address aging issues;

 


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      (b) Approaches to providing health care to older persons, including both didactic and clinical approaches;

      (c) The biological, behavioral, social and emotional aspects of the aging process; and

      (d) The importance of maintenance of function and independence for older persons.

      6.  The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

      7.  The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

      (a) Recognizing the symptoms of pediatric cancer; and

      (b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

      8.  As used in this section:

      (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415.

      (b) “Biological agent” has the meaning ascribed to it in NRS 202.442.

      (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425.

      (d) “Primary care” means the practice of family medicine, pediatrics, internal medicine, obstetrics and gynecology and midwifery.

      (e) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.

      (f) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445.

      Sec. 138. NRS 632.472 is hereby amended to read as follows:

      632.472  1.  The following persons shall report in writing to the Executive Director of the Board any conduct of a licensee or holder of a certificate which constitutes a violation of the provisions of this chapter:

      (a) Any physician, dentist, dental hygienist, expanded function dental assistant, naprapath, chiropractic physician, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, anesthesiologist assistant, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug counselor, peer recovery support specialist, peer recovery support specialist supervisor, music therapist, holder of a license or limited license issued pursuant to chapter 653 of NRS, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.

      (b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

      (c) A coroner.

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

 


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      (e) Any person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in [NRS 449.4304.] section 59 of this act.

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

      (g) Any employee of the Department of Health and Human Services.

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

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

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

      (k) Any social worker.

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

      2.  Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility. The superintendent, manager or other person in charge shall make a report as required in subsection 1.

      3.  A report may be filed by any other person.

      4.  Any person who in good faith reports any violation of the provisions of this chapter to the Executive Director of the Board pursuant to this section is immune from civil liability for reporting the violation.

      5.  As used in this section:

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.

      (b) “Community health worker pool” has the meaning ascribed to it in NRS 449.0028.

      (c) “Peer recovery support specialist” has the meaning ascribed to it in NRS 433.627.

      (d) “Peer recovery support specialist supervisor” has the meaning ascribed to it in NRS 433.629.

      Sec. 139. NRS 633.191 is hereby amended to read as follows:

      633.191  1.  Five members of the Board must:

      (a) Be licensed under this chapter;

      (b) Be actually engaged in the practice of osteopathic medicine in this State; and

      (c) Have been so engaged in this State for a period of more than 5 years preceding their appointment.

      2.  One member of the Board must be a resident of the State of Nevada and must represent the interests of persons or agencies that regularly provide health care to patients who are indigent, uninsured or unable to afford health care. This member must not be licensed under the provisions of this chapter.

      3.  The remaining member of the Board must be a resident of the State of Nevada who is:

 


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      (a) Not licensed in any state to practice any healing art;

      (b) Not the spouse or the parent or child, by blood, marriage or adoption, of a person licensed in any state to practice any healing art; and

      (c) Not actively engaged in the administration of any medical facility or facility for the dependent as defined in chapter 449 of NRS [.] or any agency to provide personal care services in the home as defined in section 3 of this act.

      Sec. 140. NRS 633.471 is hereby amended to read as follows:

      633.471  1.  Except as otherwise provided in subsection 15 and NRS 633.491, every holder of a license, except a physician assistant or an anesthesiologist assistant, issued under this chapter, except a temporary or a special license, may renew the license on or before January 1 of each calendar year after its issuance by:

      (a) Applying for renewal on forms provided by the Board;

      (b) Paying the annual license renewal fee specified in this chapter;

      (c) Submitting a list of all actions filed or claims submitted to arbitration or mediation for malpractice or negligence against the holder during the previous year;

      (d) Subject to subsection 14, submitting evidence to the Board that in the year preceding the application for renewal the holder has attended courses or programs of continuing education approved by the Board in accordance with regulations adopted by the Board totaling a number of hours established by the Board which must not be less than 35 hours nor more than that set in the requirements for continuing medical education of the American Osteopathic Association; and

      (e) Submitting all information required to complete the renewal.

      2.  The Secretary of the Board shall notify each licensee of the requirements for renewal not less than 30 days before the date of renewal.

      3.  The Board shall request submission of verified evidence of completion of the required number of hours of continuing medical education annually from a percentage of the applicants for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant or anesthesiologist assistant determined by the Board. Subject to subsection 14, upon a request from the Board, an applicant for renewal of a license to practice osteopathic medicine or a license to practice as a physician assistant or anesthesiologist assistant shall submit verified evidence satisfactory to the Board that in the year preceding the application for renewal the applicant attended courses or programs of continuing medical education approved by the Board totaling the number of hours established by the Board.

      4.  The Board shall require each holder of a license to practice osteopathic medicine to complete a course of instruction within 2 years after initial licensure that provides at least 2 hours of instruction on evidence-based suicide prevention and awareness as described in subsection 9.

      5.  The Board shall encourage each holder of a license to practice osteopathic medicine to receive, as a portion of his or her continuing education, training concerning methods for educating patients about how to effectively manage medications, including, without limitation, the ability of the patient to request to have the symptom or purpose for which a drug is prescribed included on the label attached to the container of the drug.

      6.  The Board shall encourage each holder of a license to practice osteopathic medicine or as a physician assistant to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:

 


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      (a) Recognizing the symptoms of pediatric cancer; and

      (b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination.

      7.  The Board shall require, as part of the continuing education requirements approved by the Board, the biennial completion by a holder of a license to practice osteopathic medicine of at least 2 hours of continuing education credits in ethics, pain management, care of persons with addictive disorders or the screening, brief intervention and referral to treatment approach to substance use disorder.

      8.  The continuing education requirements approved by the Board must allow the holder of a license as an osteopathic physician, physician assistant or anesthesiologist assistant to receive credit toward the total amount of continuing education required by the Board for the completion of a course of instruction relating to genetic counseling and genetic testing.

      9.  The Board shall require each holder of a license to practice osteopathic medicine to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness which may include, without limitation, instruction concerning:

      (a) The skills and knowledge that the licensee needs to detect behaviors that may lead to suicide, including, without limitation, post-traumatic stress disorder;

      (b) Approaches to engaging other professionals in suicide intervention; and

      (c) The detection of suicidal thoughts and ideations and the prevention of suicide.

      10.  A holder of a license to practice osteopathic medicine may not substitute the continuing education credits relating to suicide prevention and awareness required by this section for the purposes of satisfying an equivalent requirement for continuing education in ethics.

      11.  The Board shall require each holder of a license to practice osteopathic medicine to complete at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder within 2 years after initial licensure.

      12.  The Board shall require each psychiatrist or a physician assistant practicing under the supervision of a psychiatrist to biennially complete one or more courses of instruction that provide at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

      (a) May include the training provided pursuant to NRS 449.103 [,] or section 34 of this act, where applicable.

      (b) Must be based upon a range of research from diverse sources.

      (c) Must address persons of different cultural backgrounds, including, without limitation:

             (1) Persons from various gender, racial and ethnic backgrounds;

             (2) Persons from various religious backgrounds;

             (3) Lesbian, gay, bisexual, transgender and questioning persons;

             (4) Children and senior citizens;

             (5) Veterans;

             (6) Persons with a mental illness;

             (7) Persons with an intellectual disability, developmental disability or physical disability; and

 


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             (8) Persons who are part of any other population that a psychiatrist or physician assistant practicing under the supervision of a psychiatrist may need to better understand, as determined by the Board.

      13.  The Board shall require each holder of a license to practice osteopathic medicine or as a physician assistant who provides or supervises the provision of emergency medical services in a hospital or primary care to complete at least 2 hours of training in the stigma, discrimination and unrecognized bias toward persons who have acquired or are at a high risk of acquiring human immunodeficiency virus within 2 years after beginning to provide or supervise the provision of such services or care.

      14.  The Board shall not require a physician assistant to receive or maintain certification by the National Commission on Certification of Physician Assistants, or its successor organization, or by any other nationally recognized organization for the accreditation of physician assistants to satisfy any continuing education requirement pursuant to paragraph (d) of subsection 1 and subsection 3.

      15.  Members of the Armed Forces of the United States and the United States Public Health Service are exempt from payment of the annual license renewal fee during their active duty status.

      16.  As used in this section, “primary care” means the practice of family medicine, pediatrics, internal medicine, obstetrics and gynecology and midwifery.

      Sec. 141. NRS 641.220 is hereby amended to read as follows:

      641.220  1.  To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

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

      (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and

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

      2.  Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112.

      3.  The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board.

      4.  The requirements for continuing education adopted by the Board pursuant to subsection 3 must include, without limitation:

      (a) A requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. The hours of instruction required by this paragraph must be completed within 2 years after initial licensure and at least every 4 years thereafter.

      (b) A requirement that the holder of a license must biennially receive at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

             (1) May include the training provided pursuant to NRS 449.103 [,] or section 34 of this act, where applicable.

             (2) Must be based upon a range of research from diverse sources.

             (3) Must address persons of different cultural backgrounds, including, without limitation:

 


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                   (I) Persons from various gender, racial and ethnic backgrounds;

                   (II) Persons from various religious backgrounds;

                   (III) Lesbian, gay, bisexual, transgender and questioning persons;

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

                   (VII) Persons with an intellectual disability, developmental disability or physical disability; and

                   (VIII) Persons who are part of any other population that the holder of a license may need to better understand, as determined by the Board.

      Sec. 142. NRS 641A.260 is hereby amended to read as follows:

      641A.260  1.  To renew a license to practice as a marriage and family therapist or clinical professional counselor issued pursuant to this chapter, each person must, on or before 10 business days after the date of expiration of his or her current license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee for the biennial renewal of a license set by the Board;

      (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board, unless the Board has granted a waiver pursuant to NRS 641A.265; and

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

      2.  Except as otherwise provided in NRS 641A.265, the Board shall, as a prerequisite for the renewal of a license to practice as a marriage and family therapist or clinical professional counselor, require each holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation:

      (a) A requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

      (b) A requirement that the holder receive at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

             (1) May include the training provided pursuant to NRS 449.103 [,] or section 34 of this act, where applicable.

             (2) Must be based upon a range of research from diverse sources.

             (3) Must address persons of different cultural backgrounds, including, without limitation:

                   (I) Persons from various gender, racial and ethnic backgrounds;

                   (II) Persons from various religious backgrounds;

                   (III) Lesbian, gay, bisexual, transgender and questioning persons;

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

                   (VII) Persons with an intellectual disability, developmental disability or physical disability; and

                   (VIII) Persons who are part of any other population that a marriage and family therapist or clinical professional counselor may need to better understand, as determined by the Board.

      Sec. 143. NRS 641B.280 is hereby amended to read as follows:

      641B.280  1.  Every holder of a license issued pursuant to this chapter may renew his or her license annually by:

 


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      (a) Applying to the Board for renewal;

      (b) Paying the annual renewal fee set by the Board;

      (c) Except as otherwise provided in NRS 641B.295, submitting evidence to the Board of completion of the required continuing education as set forth in regulations adopted by the Board; and

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

      2.  Except as otherwise provided in NRS 641B.295, the Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation:

      (a) A requirement that every 2 years the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.

      (b) A requirement that every 2 years the holder receive at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

             (1) May include the training provided pursuant to NRS 449.103 [,] or section 34 of this act, where applicable.

             (2) Must be based upon a range of research from diverse sources.

             (3) Must address persons of different cultural backgrounds, including, without limitation:

                   (I) Persons from various gender, racial and ethnic backgrounds;

                   (II) Persons from various religious backgrounds;

                   (III) Lesbian, gay, bisexual, transgender and questioning persons;

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

                   (VII) Persons with an intellectual disability, developmental disability or physical disability; and

                   (VIII) Persons who are part of any other population that the holder of a license issued pursuant to this chapter may need to better understand, as determined by the Board.

      Sec. 144. NRS 641C.450 is hereby amended to read as follows:

      641C.450  Except as otherwise provided in NRS 641C.310, 641C.320, 641C.440 and 641C.530, a person may renew his or her license or certificate by submitting to the Board:

      1.  An application for the renewal of the license or certificate.

      2.  The fee for the renewal of a license or certificate prescribed in NRS 641C.470.

      3.  Evidence of completion of the continuing education required by the Board, which must include, without limitation:

      (a) A requirement that the applicant receive at least 1 hour of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate for each year of the term of the applicant’s licensure or certification.

      (b) A requirement that the applicant receive at least 3 hours of instruction relating to cultural competency and diversity, equity and inclusion for each year of the term of the applicant’s licensure or certification. Such instruction:

             (1) May include the training provided pursuant to NRS 449.103 [,] or section 34 of this act, where applicable.

 


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             (2) Must be based upon a range of research from diverse sources.

             (3) Must address persons of different cultural backgrounds, including, without limitation:

                   (I) Persons from various gender, racial and ethnic backgrounds;

                   (II) Persons from various religious backgrounds;

                   (III) Lesbian, gay, bisexual, transgender and questioning persons;

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

                   (VII) Persons with an intellectual disability, developmental disability or physical disability; and

                   (VIII) Persons who are part of any other population that the holder of a license or certificate may need to better understand, as determined by the Board.

      4.  If the applicant is a certified intern, the name of the licensed or certified counselor who supervises the applicant.

      5.  All information required to complete the renewal.

      Sec. 145. NRS 641D.360 is hereby amended to read as follows:

      641D.360  1.  To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

      (a) Apply to the Board for renewal;

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

      (c) Submit evidence to the Board:

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

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

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

      2.  In addition to the requirements of subsection 1, to renew registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 641D.300.

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

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

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

      (c) Include, without limitation, a requirement that the holder of a license as a behavior analyst receive at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction:

             (1) May include the training provided pursuant to NRS 449.103 [,] or section 34 of this act, where applicable.

             (2) Must be based upon a range of research from diverse sources.

             (3) Must address persons of different cultural backgrounds, including, without limitation:

 


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                   (I) Persons from various gender, racial and ethnic backgrounds;

                   (II) Persons from various religious backgrounds;

                   (III) Lesbian, gay, bisexual, transgender and questioning persons;

                   (IV) Children and senior citizens;

                   (V) Veterans;

                   (VI) Persons with a mental illness;

                   (VII) Persons with an intellectual disability, developmental disability or physical disability; and

                   (VIII) Persons who are part of any other population that a behavior analyst may need to better understand, as determined by the Board.

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

      Sec. 146. NRS 652.074 is hereby amended to read as follows:

      652.074  The provisions of this chapter do not apply to any:

      1.  Test or examination conducted by a law enforcement officer or agency;

      2.  Test or examination required by a court as a part of or in addition to a program of treatment and rehabilitation pursuant to NRS 176A.230; or

      3.  Task performed in accordance with the regulations adopted by the Board pursuant to NRS 449.0304 or [449.4309.] section 14 or 61 of this act.

      Sec. 147.  1.  The provisions of NAC 449.395 to 449.39561, inclusive, 449.396 to 449.3982, inclusive, and 449.870 to 449.882, inclusive, shall be deemed to have been adopted pursuant to section 9, 13, 14, 48, 60, 61, 63, 66, 72, 73, 75, 77, 79, 81, 83, 86, 87 or 88 of this act, as applicable, and continue in effect until amended or repealed. The Legislative Counsel shall, in preparing supplements to the Nevada Administrative Code, move the regulations described in this subsection from chapter 449 of the Nevada Administrative Code to a new chapter of the Nevada Administrative Code that corresponds with the chapter of the Nevada Revised Statutes consisting of sections 2 to 90, inclusive, of this act.

      2.  As soon as practicable after the effective date of this act, the State Board of Health shall adopt regulations to replace any regulations adopted by the State Board of Health that have been codified in chapter 449 of the Nevada Administrative Code and apply to agencies to provide personal care services in the home, employment agencies to provide nonmedical services or intermediary service organizations, other than the regulations described in subsection 1. The existing regulations described in this section continue to apply to those entities until the effective date of the regulations adopted pursuant to this section.

      3.  As used in this section:

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in section 3 of this act.

      (b) “Employment agency” means an employment agency licensed pursuant to section 9 of this act.

      (c) “Intermediary service organization” has the meaning ascribed to it in section 59 of this act.

      Sec. 148.  1.  A license to operate an agency to provide personal care services in the home issued pursuant to NRS 449.080, a license to operate an employment agency that contracts with persons in this State to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home issued by the State Board of Health pursuant to NRS 449.03005 or a certificate to operate an intermediary service organization issued by the Division pursuant to NRS 449.4317 that is valid on the effective date of this act, remains valid until its date of expiration, if the holder of the license or certificate otherwise remains qualified for the issuance or renewal of the license or certificate on or after the effective date of this act.

 


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on the effective date of this act, remains valid until its date of expiration, if the holder of the license or certificate otherwise remains qualified for the issuance or renewal of the license or certificate on or after the effective date of this act.

      2.  Any valid training completed on or before the effective date of this act, by an operator, employee or contractor of an agency to provide personal care services in the home, an employment agency to provide nonmedical services or an intermediary service organization, an applicant for a license or certificate to operate such an agency or organization pursuant to NRS 449.03005, 449.0304, 449.0925, 449.093, 449.103, 449.194 or 449.4309 or a caregiver chosen by a recipient of Medicaid pursuant to NRS 422.3965 remains valid for the purposes for which it was completed.

      3.  Any disciplinary or other administrative action taken by the Division against an agency to provide personal care services in the home, employment agency that contracts with persons in this State to provide nonmedical services or intermediary service organization that is effective on the effective date of this act, remains in effect after that date until the expiration of the action.

      4.  As used in this section:

      (a) “Agency to provide personal care services in the home” has the meaning ascribed to it in section 3 of this act.

      (b) “Division” means Division of Public and Behavioral Health of the Department of Health and Human Services.

      (c) “Employment agency to provide nonmedical services” means an employment agency licensed pursuant to section 9 of this act.

      (d) “Intermediary service organization” has the meaning ascribed to it in section 59 of this act.

      Sec. 149.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 150. NRS 449.0021, 449.00325, 449.01517, 449.03005, 449.03017, 449.1935, 449.4304, 449.4308, 449.4309, 449.431, 449.4311, 449.4312, 449.4313, 449.4314, 449.4315, 449.4316, 449.4317, 449.4318, 449.4319, 449.432, 449.4321, 449.4322, 449.4324, 449.4325, 449.4327, 449.4329, 449.43295, 449.433, 449.4331, 449.4332, 449.4335, 449.4336, 449.4337, 449.4338 and 449.4339 are hereby repealed.

      Sec. 151.  1.  This act becomes effective upon passage and approval.

      2.  Sections 20, 21, 50, 64, 65 and 76 of this act expire by limitation on the date of the repeal of the provisions of 42 U.S.C. § 666 requiring each state to establish procedures under which the state has authority to withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

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

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

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CHAPTER 159, AB 547

Assembly Bill No. 547–Assemblymembers Yeager; Considine, Dickman, D’Silva, Gallant, Goulding and Kasama

 

CHAPTER 159

 

[Approved: May 30, 2025]

 

AN ACT relating to public employment; requiring an appointing authority to recognize relevant employment experience obtained in the Federal Government as equivalent to employment experience obtained in the government of this State for certain purposes; prohibiting, with certain exceptions, an appointing authority from requiring an applicant for a position of employment in the classified or unclassified service of the State to have obtained a bachelor’s degree as a condition precedent to employment; requiring the Administrator of the Division of Human Resource Management of the Department of Administration to take certain actions with respect to the master classification plan for all positions in the classified service of the State; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth various requirements and procedures governing the employment of persons in the classified and unclassified service of this State. (Chapter 284 of NRS) Existing law requires the Administrator of the Division of Human Resource Management of the Department of Administration to prepare, maintain and revise a master classification plan for all positions in the classified service, based on similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class. (NRS 284.160) Section 4 of this bill requires the Administrator, in determining the qualifications that may be reasonably required for all positions in the same class, to allow a person to substitute equivalent employment experience obtained in the Federal Government for any employment experience required to be obtained in the government of this State.

      Existing law requires an appointing authority, with respect to positions in the classified service of the State, to recruit, evaluate, select, manage and promote employees through open competition on the basis of knowledge, skills and ability and without regard to certain characteristics of an applicant or employee. (NRS 284.210) Section 5 of this bill specifies that the requirement applies, without limitation, to the recruitment, evaluation, selection, management and promotion of an employee through the making of any determination that affects the pay of an employee. Sections 2 and 5 of this bill additionally require an appointing authority, with respect to positions in the classified and unclassified service, to recruit, evaluate, select, manage and promote employees, including, without limitation, through the making of any determination that affects the pay of an employee, in a manner which recognizes relevant employment experience obtained by an applicant or employee in the Federal Government as equivalent to employment experience obtained in the government of this State.

      Section 3 of this bill prohibits, with certain exceptions, an appointing authority from requiring an applicant for a position in the classified or unclassified service to have obtained a bachelor’s degree as a condition precedent to employment. Section 3 provides an exception from that prohibition if the appointing authority makes certain determinations. Because section 3 prohibits an appointing authority from requiring an applicant to have obtained a bachelor’s degree except under certain limited circumstances, section 4 eliminates provisions of existing law which require the Administrator to conduct certain periodic reviews of classes of positions in the classified service which require a person to hold a bachelor’s degree. (NRS 284.160)

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 284 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 and 3 of this act.

      Sec. 2. In relation to positions in the unclassified service, each appointing authority shall recruit, evaluate, select, manage and promote employees, including, without limitation, through the making of any determination that affects the pay of an employee, in a manner which recognizes relevant employment experience obtained by an applicant or employee in the Federal Government as equivalent to employment experience obtained in the government of this State.

      Sec. 3. 1.  Except as otherwise provided in subsection 2, an appointing authority shall not require an applicant for a position of employment in the classified or unclassified service of the State to have obtained a bachelor’s degree as a condition precedent to employment.

      2.  The provisions of subsection 1 do not apply if the appointing authority determines that the knowledge, skills or abilities required for the position for which the applicant is applying may only be obtained through a course of study in pursuit of and that culminates in the award of a bachelor’s degree.

      Sec. 4. NRS 284.160 is hereby amended to read as follows:

      284.160  1.  The Administrator shall prepare, maintain and revise as necessary a master classification plan for all positions in the classified service, based upon similarity of duties and responsibilities, so that the same qualifications may reasonably be required for, and the same schedule of pay may be equitably applied to, all positions in the same class.

      2.  In determining the qualifications that may be reasonably required for all positions in the same class pursuant to subsection 1, the Administrator shall [periodically review each class of positions in the classified service which require a person to hold a bachelor’s degree and, whenever the Administrator deems it necessary for the efficiency of the public service, revise the qualifications to] allow a person to substitute equivalent employment experience [or skills in lieu of a bachelor’s degree.] obtained in the Federal Government for any employment experience required to be obtained in the government of this State.

      3.  The Administrator shall review annually the classification plan of each appointing authority using the audit function developed and implemented pursuant to NRS 284.107.

      4.  Subject to the provisions of subsection 5, with the approval of the Administrator, an appointing authority may make changes in the classification of positions within its agency whenever the appointing authority deems it necessary for the efficiency of the public service.

      5.  The classification plan and changes therein are subject to approval by the Commission, except that the Administrator, at the request of an appointing authority, may make a change in the classification plan without the prior approval of the Commission if:

 


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      (a) The Administrator deems it necessary for the efficiency of the public service;

      (b) The change is not proposed in conjunction with an occupational study; and

      (c) The Administrator, at least 20 working days before acting upon the proposed change:

             (1) Provides written notice of the proposal to each member of the Commission, to all departments and to any head of an employees’ organization who requests notice of such proposals; and

             (2) Posts a written notice of the proposal in each of the principal offices of the Division.

Κ Any occupational study conducted by the Division in connection with the preparation, maintenance or revision of the classification plan must be approved by the Commission.

      6.  If no written objection to the proposed change to the classification plan is received by the Administrator before the date it is scheduled to be acted upon, the Administrator may effect the change. The Administrator shall report to the Commission any change in the classification plan made without its approval at the Commission’s next succeeding regular meeting.

      7.  If a written objection is received before the date the proposed change is scheduled to be acted upon, the Administrator shall place the matter on the agenda of the Commission for consideration at its next succeeding regular meeting.

      Sec. 5. NRS 284.210 is hereby amended to read as follows:

      284.210  In relation to positions in the classified service, each appointing authority shall, consistent with the regulations adopted by the Commission pursuant to NRS 284.205, recruit, evaluate, select, manage and promote employees , including, without limitation, through the making of any determination that affects the pay of an employee:

      1.  Through open competition on the basis of knowledge, skills and ability and without regard to an applicant’s or employee’s religious or political opinions or affiliations, race, sex, sexual orientation, gender identity or expression, age or disability.

      2.  In a manner which recognizes relevant employment experience obtained by an applicant or employee in the Federal Government as equivalent to employment experience obtained in the government of this State.

      Sec. 6.  This act becomes effective upon passage and approval.

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CHAPTER 160, SB 106

Senate Bill No. 106–Committee on Natural Resources

 

CHAPTER 160

 

[Approved: May 30, 2025]

 

AN ACT relating to vessels; prohibiting the operation of a vessel in excess of a certain speed within 600 feet of the shoreline of Lake Tahoe; revising provisions relating to the violation of certain provisions of the Code of Ordinances of the Tahoe Regional Planning Agency; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, it is a misdemeanor to operate a vessel or permit a vessel to be operated at a speed in excess of 5 nautical miles per hour within 100 feet of a person who is bathing, wading, diving, floating or swimming and within 200 feet of: (1) any beach frequented by persons who are bathing, wading, diving, floating or swimming; (2) a swimming float, diving platform or lifeline; and (3) certain way or landing floats. (NRS 488.600) Section 1 of this bill makes it a misdemeanor to operate a vessel or permit a vessel to be operated at a speed in excess of 5 nautical miles per hour within 600 feet of the shoreline of Lake Tahoe.

      Under existing law, certain peace officers are authorized to take various actions when a person violates certain sections of the Code of Ordinances of the Tahoe Regional Planning Agency. (NRS 277.215) Section 2 of this bill replaces references to ordinances no longer in effect with the current ordinances.

 

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 488.600 is hereby amended to read as follows:

      488.600  Every owner, operator or person in command of any vessel is guilty of a misdemeanor who operates it or permits it to be operated at a speed in excess of 5 nautical miles per hour in any of the following areas:

      1.  Within 100 feet of any person who is engaged in the act of bathing, wading, diving, floating or swimming.

      2.  Within 200 feet of any:

      (a) Beach frequented by persons who engage in the acts of bathing, wading, diving, floating or swimming.

      (b) Swimming float, diving platform or lifeline.

      (c) Way or landing float to which vessels are made fast or which is used for the embarkation or discharge of passengers.

      3.  Within 600 feet of the shoreline of Lake Tahoe.

      Sec. 2. NRS 277.215 is hereby amended to read as follows:

      277.215  1.  Except as otherwise provided in subsection 3, every game warden, sheriff and other peace officer of this state and its political subdivisions may issue one or more of the following:

      (a) Educational material provided by the Tahoe Regional Planning Agency;

 


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      (b) An oral advisory; or

      (c) A warning citation,

Κ to a person who violates, within the portion of the region that is within the waters of this state, section [54.16(A), 54.16(B)] 60.1.3(E) or [81.2(E)] 84.10 of the Code of Ordinances adopted by the Tahoe Regional Planning Agency and in effect on [April 1, 1999.] August 25, 2024.

      2.  A game warden, sheriff or other peace officer who issues a warning citation pursuant to subsection 1 shall report the name and address of the person to whom such warning was issued to the Tahoe Regional Planning Agency.

      3.  An agency that provides law enforcement or other public safety services is not subject to the provisions of section [54.16(A), 54.16(B)] 60.1.3(E) or [81.2(E)] 84.10 of the Code of Ordinances adopted by the Tahoe Regional Planning Agency and in effect on [April 1, 1999,] August 25, 2024, when performing its official duties during an emergency or disaster on the waters of Lake Tahoe if such duties are performed in an effort to protect life or property.

      4.  As used in this section:

      (a) “Region” has the meaning ascribed to it in NRS 277.200.

      (b) “Waters of this state” means any waters within the territorial limits of this state.

      Sec. 3.  This act becomes effective upon passage and approval.

________

CHAPTER 161, SB 113

Senate Bill No. 113–Senator Steinbeck

 

CHAPTER 161

 

[Approved: May 30, 2025]

 

AN ACT relating to motor vehicles; revising provisions governing the requirements for the issuance by the Department of Motor Vehicles of a special license plate or special or temporary parking placard or parking sticker; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits a person from parking a vehicle in a parking space designated for persons who are handicapped unless the person is eligible to do so and the vehicle displays a special license plate or special or temporary parking placard or parking sticker inscribed with the international symbol of access. (NRS 484B.467) Existing law authorizes the Department of Motor Vehicles to issue such a special license plate or special or temporary parking placard or parking sticker to an applicant upon submission of an application that includes a statement from a licensed physician, physician assistant or advanced practice registered nurse certifying that the applicant is a person with a disability. (NRS 482.384) Sections 1-4 of this bill additionally authorize an occupational therapist or physical therapist to certify that the applicant is a person with a disability for purposes of an application for a special license plate or special or temporary parking placard or parking sticker. Section 4 authorizes the statement or certificate certifying that an applicant is a person with a disability to be completed by an agent or employee of a licensed physician, physician assistant, advanced practice registered nurse, occupational therapist or physical therapist at the direction and under the supervision of such a medical practitioner.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 482.3833 is hereby amended to read as follows:

      482.3833  “Person with a disability of moderate duration” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist as being reversible, but estimated to last longer than 6 months.

      Sec. 2. NRS 482.3837 is hereby amended to read as follows:

      482.3837  1.  “Person with a permanent disability” means a person:

      (a) With a disability which limits or impairs the ability to walk; and

      (b) Whose disability has been certified by a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist as irreversible.

      2.  The term includes a person with a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962.

      Sec. 3. NRS 482.3839 is hereby amended to read as follows:

      482.3839  “Person with a temporary disability” means a person:

      1.  With a disability which limits or impairs the ability to walk; and

      2.  Whose disability has been certified by a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist as estimated to last not longer than 6 months.

      Sec. 4. NRS 482.384 is hereby amended to read as follows:

      482.384  1.  Upon the application of a person with a permanent disability, the Department may issue special license plates for a vehicle, including a motorcycle or moped, registered by the applicant pursuant to this chapter. The application must include a statement from a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist certifying that the applicant is a person with a permanent disability or a certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates the applicant has incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable. The issuance of a special license plate to a person with a permanent disability pursuant to this subsection does not preclude the issuance to such a person of a special parking placard for a vehicle other than a motorcycle or moped or a special parking sticker for a motorcycle or moped pursuant to subsection 6.

      2.  Every year after the initial issuance of special license plates to a person with a permanent disability, the Department shall require the person to renew the special license plates in accordance with the procedures for renewal of registration pursuant to this chapter. The Department shall not require a person with a permanent disability to include with the application for renewal a statement from a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist certifying that the person is a person with a permanent disability or a certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates the applicant has incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable.

 


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incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable.

      3.  Upon the application of an organization which provides transportation for a person with a permanent disability, disability of moderate duration or temporary disability, the Department may issue special license plates for a vehicle registered by the organization pursuant to this chapter, or the Department may issue special parking placards to the organization pursuant to this section to be used on vehicles providing transportation to such persons. The application must include a statement from the organization certifying that:

      (a) The vehicle for which the special license plates are issued is used primarily to transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities; or

      (b) The organization which is issued the special parking placards will only use such placards on vehicles that actually transport persons with permanent disabilities, disabilities of moderate duration or temporary disabilities.

      4.  The Department may charge a fee for special license plates issued pursuant to this section not to exceed the fee charged for the issuance of license plates for the same class of vehicle.

      5.  Special license plates issued pursuant to this section must display the international symbol of access in a color which contrasts with the background and is the same size as the numerals and letters on the plate.

      6.  Upon the application of a person with a permanent disability or disability of moderate duration, the Department may issue:

      (a) A special parking placard for a vehicle other than a motorcycle or moped. Upon request, the Department may issue one additional placard to an applicant to whom special license plates have not been issued pursuant to this section.

      (b) A special parking sticker for a motorcycle or moped.

Κ The application must include a statement from a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist certifying that the applicant is a person with a permanent disability or disability of moderate duration or a certificate from the United States Department of Veterans Affairs or the United States Department of Defense which indicates the applicant has incurred a qualifying service-connected disability, as that term is defined in subsection 1 or 2 of NRS 482.0962, as applicable.

      7.  A special parking placard issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a blue background;

      (b) Have an identification number and date of expiration of:

             (1) If the special parking placard is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking placard is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance;

      (c) Have placed or inscribed on it the seal or other identification of the Department; and

      (d) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      8.  A special parking sticker issued pursuant to subsection 6 must:

      (a) Have inscribed on it the international symbol of access which complies with any applicable federal standards, is centered on the sticker and is white on a blue background;

 


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      (b) Have an identification number and a date of expiration of:

             (1) If the special parking sticker is issued to a person with a permanent disability, 10 years after the initial date of issuance; or

             (2) If the special parking sticker is issued to a person with a disability of moderate duration, 2 years after the initial date of issuance; and

      (c) Have placed or inscribed on it the seal or other identification of the Department.

      9.  Before the date of expiration of a special parking placard or special parking sticker issued to a person with a permanent disability or disability of moderate duration, the person shall renew the special parking placard or special parking sticker. If the applicant for renewal is a person with a disability of moderate duration, the applicant must include with the application for renewal a statement from a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist certifying that the applicant is a person with a disability which limits or impairs the ability to walk, and that such disability, although not irreversible, is estimated to last longer than 6 months. A person with a permanent disability is not required to submit evidence of a continuing disability with the application for renewal.

      10.  The Department, or a city or county, may issue, and charge a reasonable fee for, a temporary parking placard for a vehicle other than a motorcycle or moped or a temporary parking sticker for a motorcycle or moped upon the application of a person with a temporary disability. Upon request, the Department, city or county may issue one additional temporary parking placard to an applicant. The application must include a certificate from a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist indicating:

      (a) That the applicant has a temporary disability; and

      (b) The estimated period of the disability.

      11.  A temporary parking placard issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the placard and is white on a red background;

      (b) Have an identification number and a date of expiration; and

      (c) Have a form of attachment which enables a person using the placard to display the placard from the rearview mirror of the vehicle.

      12.  A temporary parking sticker issued pursuant to subsection 10 must:

      (a) Have inscribed on it the international symbol of access which is at least 3 inches in height, is centered on the sticker and is white on a red background; and

      (b) Have an identification number and a date of expiration.

      13.  A temporary parking placard or temporary parking sticker is valid only for the period for which a physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist has certified the disability, but in no case longer than 6 months. If the temporary disability continues after the period for which the physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist has certified the disability, the person with the temporary disability must renew the temporary parking placard or temporary parking sticker before the temporary parking placard or temporary parking sticker expires. The person with the temporary disability shall include with the application for renewal a statement from a licensed physician, physician assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

 


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κ2025 Statutes of Nevada, Page 1015 (CHAPTER 161, SB 113)κ

 

assistant , [or] advanced practice registered nurse , occupational therapist or physical therapist certifying that the applicant continues to be a person with a temporary disability and the estimated period of the disability.

      14.  A special or temporary parking placard must be displayed in the vehicle when the vehicle is parked by hanging or attaching the placard to the rearview mirror of the vehicle. If the vehicle has no rearview mirror, the placard must be placed on the dashboard of the vehicle in such a manner that the placard can easily be seen from outside the vehicle when the vehicle is parked.

      15.  Upon issuing a special license plate pursuant to subsection 1, a special or temporary parking placard, or a special or temporary parking sticker, the Department, or the city or county, if applicable, shall issue a letter to the applicant that sets forth the name and address of the person with a permanent disability, disability of moderate duration or temporary disability to whom the special license plate, special or temporary parking placard or special or temporary parking sticker has been issued and:

      (a) If the person receives special license plates, the license plate number designated for the plates; and

      (b) If the person receives a special or temporary parking placard or a special or temporary parking sticker, the identification number and date of expiration indicated on the placard or sticker.

Κ The letter, or a legible copy thereof, must be kept with the vehicle for which the special license plate has been issued or in which the person to whom the special or temporary parking placard or special or temporary parking sticker has been issued is driving or is a passenger.

      16.  A special or temporary parking sticker must be affixed to the windscreen of the motorcycle or moped. If the motorcycle or moped has no windscreen, the sticker must be affixed to any other part of the motorcycle or moped which may be easily seen when the motorcycle or moped is parked.

      17.  Special or temporary parking placards, special or temporary parking stickers, or special license plates issued pursuant to this section do not authorize parking in any area on a highway where parking is prohibited by law.

      18.  No person, other than the person certified as being a person with a permanent disability, disability of moderate duration or temporary disability, or a person actually transporting such a person, may use the special license plate or plates or a special or temporary parking placard, or a special or temporary parking sticker issued pursuant to this section to obtain any special parking privileges available pursuant to this section.

      19.  Any person who violates the provisions of subsection 18 is guilty of a misdemeanor.

      20.  The Department may review the eligibility of each holder of a special parking placard, a special parking sticker or special license plates, or any combination thereof. Upon a determination of ineligibility by the Department, the holder shall surrender the special parking placard, special parking sticker or special license plates, or any combination thereof, to the Department.

      21.  For the purposes of this section, a statement or certificate from a licensed physician, physician assistant, advanced practice registered nurse, occupational therapist or physical therapist may be a statement or certificate which is completed by an agent or employee at the direction and under the supervision of a licensed physician, physician assistant, advanced practice registered nurse, occupational therapist or physical therapist, provided that any medical determination therein has been made by the licensed physician, physician assistant, advanced practice registered nurse, occupational therapist or physical therapist.

 


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advanced practice registered nurse, occupational therapist or physical therapist, provided that any medical determination therein has been made by the licensed physician, physician assistant, advanced practice registered nurse, occupational therapist or physical therapist.

      22.  The Department may adopt such regulations as are necessary to carry out the provisions of this section.

________

CHAPTER 162, SB 117

Senate Bill No. 117–Senator Cruz-Crawford

 

Joint Sponsor: Assemblymember Moore

 

CHAPTER 162

 

[Approved: May 30, 2025]

 

AN ACT relating to veterans; requiring the Director of the Department of Veterans Services to make available to certain agencies, resource centers or programs any existing informational materials concerning the process for applying for an upgrade to the character of a veteran’s discharge from service or a change in the narrative reason for a veteran’s discharge from service; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Veterans Services to conduct outreach to, and provide assistance designed for the unique needs of, veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents. Existing law further requires this outreach and assistance to include, without limitation, a requirement for the Director to provide assistance in applying for an upgrade to the character of the veteran’s discharge from service or a change in the narrative reason for the veteran’s discharge from service. (NRS 417.121) This bill additionally requires the Director to, as part of such outreach and assistance, make available to any agency, resource center or program in this State which provides services and resources to veterans and members of the military regarding the benefits, services, programs and assistance available to veterans any existing informational materials concerning the process for applying for an upgrade to the character of the veteran’s discharge from service or a change in the narrative reason for the veteran’s discharge from service.

 

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 417.121 is hereby amended to read as follows:

      417.121  1.  The Director shall conduct outreach to, and provide assistance designed for the unique needs of, veterans and members of the military who are lesbian, gay, bisexual or transgender and their spouses and dependents, including, without limitation [, providing] :

 


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      (a) Providing assistance in applying for an upgrade to the character of the veteran’s discharge from service or a change in the narrative reason for the veteran’s discharge from service [.] ; and

      (b) Making available to any agency, resource center or program in this State which provides services and resources to veterans and members of the military regarding the benefits, services, programs and assistance available to veterans any existing informational materials concerning the process for applying for an upgrade to the character of the veteran’s discharge from service or a change in the narrative reason for the veteran’s discharge from service.

      2.  As used in this section, “veteran” means a resident of this State who meets the qualifications of subsection 1 of NRS 417.005.

________

CHAPTER 163, SB 120

Senate Bill No. 120–Senator Scheible

 

CHAPTER 163

 

[Approved: May 30, 2025]

 

AN ACT relating to the administration of justice; prohibiting a payment plan from requiring a defendant to pay interest or any fee charged specifically for entering into the payment plan; prohibiting a court from ordering a defendant for whom an attorney is appointed at public expense to pay any part of the expenses incurred in providing the defendant with an attorney; repealing provisions that authorize the recoupment of certain expenses incurred by a county or city or the State for the provision of indigent defense services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a court to: (1) impose certain fines, administrative assessments, fees and other monetary penalties under certain circumstances; and (2) take certain actions relating to the collection of any such fine, administrative assessment, fee or other monetary penalty. (See, e.g., NRS 62E.430, 176.059-176.087, 193.130, 484A.7043) Section 1 of this bill prohibits a payment plan entered into by a defendant with the court from requiring the defendant to pay interest or any fee charged specifically for entering into the payment plan. Section 1 also authorizes a court to adopt certain rules and procedures concerning payment plans.

      Section 5 of this bill repeals provisions of existing law that authorize a court to order a defendant for whom an attorney is appointed at public expense to pay all or any part of the expenses incurred by the county, city or State in providing the defendant with an attorney. (NRS 178.3975-178.39802) Instead, section 2 of this bill prohibits a court from ordering a defendant for whom an attorney is appointed at public expense to pay any part of the expenses incurred in providing the defendant with an attorney. Sections 3 and 4 of this bill make conforming changes to reflect the repeal of certain sections by section 5.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

      1.  Any payment plan entered into by a defendant with a court must not require the defendant to pay interest or any fee charged specifically for entering into the payment plan.

      2.  A court may adopt any rules and procedures necessary to implement the provisions of this section.

      3.  The provisions of this section do not apply to any amount of money owed by a person for restitution.

      Sec. 2. Chapter 178 of NRS is hereby amended by adding thereto a new section to read as follows:

      A court shall not order a defendant for whom an attorney is appointed at public expense on account of indigency to pay any part of the expenses incurred by the county, city or State in providing the defendant with an attorney.

      Sec. 3. 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.

 


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κ2025 Statutes of Nevada, Page 1019 (CHAPTER 163, SB 120)κ

 

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, 633.4717, 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.

 


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κ2025 Statutes of Nevada, Page 1020 (CHAPTER 163, SB 120)κ

 

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

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

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

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

      (a) The public record:

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

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

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

             (1) Give access to proprietary software; or

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

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

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

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

      Sec. 4. NRS 244.207 is hereby amended to read as follows:

      244.207  1.  Notwithstanding any other provision of law, the boards of county commissioners in their respective counties may establish by ordinance central receiving and disbursing systems for the handling of county money and money held in trust by the county or by any of its elected or appointed officers. Such systems may include, but are not limited to, the following:

      (a) The commingling of all the money from any source if the accounting system employed supplies full information concerning the sources of the money.

      (b) The elimination of departmental accounts in an insured bank, credit union, savings and loan association or savings bank by commingling the money in an account or accounts maintained by the county treasurer.

      (c) The elimination of trust accounts in a bank or credit union, created for any reason as long as adequate records are maintained to identify fully all trust money. The money previously held in such trust accounts may be commingled with other money held in accounts maintained in a bank or credit union by the county treasurer.

 


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κ2025 Statutes of Nevada, Page 1021 (CHAPTER 163, SB 120)κ

 

      (d) The centralization of all disbursing of all money, including trust money, if the accounting system employed supplies full information concerning the disposition of the money.

      (e) The centralization of part or all of billing and collection aspects of business licenses, personal property and any other activity of any of the offices of the county that involves billing for services, taxes or fees imposed by statute or ordinance, or the collection of money in payment of such billings.

      (f) In a county whose population is 100,000 or more, the centralization of part or all of the billing and collection aspects of any fine, fee, bail or forfeiture imposed by a court . [and any payment ordered by a court pursuant to NRS 178.3975.]

      2.  Investment income from the commingled money must be credited to the general fund of the county if other provisions of law or contract do not require other allocation of the investment income.

      3.  This section does not:

      (a) Eliminate the reporting requirements of various elected and appointed officials relating to the receipt and disposition of money.

      (b) Limit the right of a local government as defined in NRS 354.474, but not including a county, whose money is held in trust by the county to direct the receipt, disbursement and investment of its money independently of the system provided for in this section, where the independent direction is otherwise authorized by law.

      Sec. 5. NRS 178.3975, 178.398, 178.39801 and 178.39802 are hereby repealed.

________

CHAPTER 164, SB 124

Senate Bill No. 124–Senators Doρate; Flores, Stone and Taylor

 

Joint Sponsor: Assemblymember Gonzαlez

 

CHAPTER 164

 

[Approved: May 30, 2025]

 

AN ACT relating to health care; providing for the limited licensure of certain foreign physicians; prescribing the conditions under which such a limited licensee is authorized to practice medicine; providing for the unrestricted licensure of certain limited licensees; requiring the Board of Medical Examiners to submit certain reports to the Legislature; updating certain references; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensing of physicians by the Board of Medical Examiners. (NRS 630.160-630.1607, 630.258-630.2665) Existing law also authorizes a graduate of a foreign medical school to obtain a restricted license to teach, research or practice medicine at a medical facility, medical research facility or medical school by completing certain requirements that are less stringent than the requirements to obtain an unrestricted license. (NRS 630.2645) If the holder of such a restricted license wishes to obtain an unrestricted license, existing law requires the holder to meet all of the qualifications ordinarily required to obtain an unrestricted license. (NRS 630.160, 630.2645)

 


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κ2025 Statutes of Nevada, Page 1022 (CHAPTER 164, SB 124)κ

 

      Section 1.3 of this bill authorizes the Board of Medical Examiners to issue a limited license to practice medicine to a graduate of a qualified foreign medical school who holds or has held a valid and unrestricted license to practice medicine issued by a foreign country other than Canada and: (1) has completed a residency program or other program of postgraduate training or has performed the duties of a physician in that foreign country within a certain amount of time before applying for the license; and (2) possesses certain other qualifications related to the practice of medicine. Section 1.3 authorizes the Board to additionally require an applicant for a limited license to: (1) take an additional examination if the applicant has not performed the duties of physician for a continuous period of 24 months before applying for licensure; or (2) submit to the Board an offer of employment from certain health related entities. Section 1.3 requires that the holder of a limited license only practice medicine: (1) under the supervision of at least one physician who holds an active unrestricted license and possesses certain additional qualifications and with whom the holder of a limited license has entered into a written practice agreement; and (2) in accordance with the written practice agreement. Section 1.3 authorizes the Board of Medical Examiners to issue an unrestricted license to the holder of a limited license who: (1) has completed at least 2 years of practice as a full-time physician under the limited license; (2) remains in good standing; and (3) has received a recommendation from each physician currently supervising him or her. Section 1.3 additionally authorizes the Board to establish other requirements relating to the licensure and practice of limited licensees. Section 1.7 of this bill requires the Board to annually submit to the Legislature a report concerning the licensure of graduates of foreign medical schools under the provisions of section 1.3.

      Section 2 of this bill makes a conforming change to clarify that an applicant for a limited license to practice medicine pursuant to section 1.3 is not required to possess the same qualifications as an applicant for a standard license. Sections 3-6 of this bill update references to certification by the Educational Commission for Foreign Medical Graduates in existing law to reflect the current practices of the Commission.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 1.3 and 1.7 of this act.

      Sec. 1.3. 1.  Except as otherwise provided in NRS 630.161, the Board may issue a limited license to practice medicine to an applicant who:

      (a) Holds or has held a valid and unrestricted license to practice medicine issued by a foreign country other than Canada and has completed a residency program or other program of postgraduate training in that foreign country or performed the duties of a physician in that foreign country within the 5 years immediately preceding the date on which the application is submitted or within such other time period as the Board deems acceptable;

      (b) Meets the requirements prescribed by the Board with respect to proficiency in the English language;

      (c) Is of good moral character and reputation;

      (d) Is in good standing with the foreign regulatory body that issued the license described in paragraph (a) or, if the applicant is no longer licensed by the foreign regulatory body, was in good standing with the regulatory body at the time in which the license of the applicant expired or was otherwise deactivated at the request of the applicant;

      (e) Is a graduate of a foreign medical school whose curriculum is judged to be acceptable by the Board; and

 


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κ2025 Statutes of Nevada, Page 1023 (CHAPTER 164, SB 124)κ

 

      (f) Has passed all steps of the United States Medical Licensing Examination.

      2.  In addition to the requirements established pursuant to subsection 1, the Board may:

      (a) Require an applicant who has not performed the duties of a physician for a continuous period of 24 months immediately preceding the date on which the applicant submits the application to complete an examination prescribed by the Board similar to the Step 2 clinical skills exam of the United States Medical Licensing Examination to evaluate the clinical skills of the applicant to practice medicine.

      (b) Upon licensure of the applicant, require the applicant to provide to the Board notification of an offer for employment as a physician:

             (1) At a federally-qualified health center;

             (2) From the State or a political subdivision thereof, which may include, without limitation, a county hospital, a health district created pursuant to NRS 439.362 or 439.370, a medical school within the Nevada System of Higher Education or a facility operated by a division of the Department of Health and Human Services;

             (3) At a nonprofit facility which provides mental or behavioral health services or primary care services; or

             (4) From a physician group practice located in a medically underserved area of this State.

      3.  The holder of a limited license issued pursuant to this section:

      (a) Shall file with the Board for approval a written practice agreement between the limited licensee and each physician supervising him or her pursuant to paragraph (b).

      (b) Except if authorized in emergency or life threatening situations by the regulations adopted pursuant to this section, shall not practice medicine except:

             (1) Under the supervision and control of a physician who holds an active unrestricted license to practice medicine in this State, practices in the same or a substantially similar specialty as the limited licensee and has practiced in that same or similar specialty for at least 2 years.

             (2) In accordance with the applicable written practice agreement filed with and approved by the Board pursuant to paragraph (a).

      (c) Shall inform the Board of any change in the employment status of the limited licensee.

      4.  A physician supervising a holder of a limited license pursuant to subsection 3:

      (a) Is responsible for any act that constitutes the practice of medicine by the limited licensee; and

      (b) Shall continuously monitor, periodically evaluate and, if required by the Board, report to the Board information relating to the performance and competence of the limited licensee.

      5.  The holder of a limited license granted pursuant to this section may be disciplined by the Board at any time for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.

      6.  Except as otherwise provided in NRS 630.161, the Board may issue an unrestricted license to practice medicine upon the submission of an application by the holder of a limited license issued pursuant to this section who:

      (a) Has completed at least 2 years of practice as a full-time physician under the limited license;

 


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      (b) Is in good standing in this State; and

      (c) Has received a written recommendation from each physician currently supervising the holder of a limited license pursuant to subsection 3 which states:

             (1) That the limited licensee has met all requirements established by the Board for the evaluation of limited licensees licensed pursuant to this section, if applicable; and

             (2) In the opinion of the supervising physician, the limited licensee is qualified to independently practice medicine.

      7.  The Board may, after providing the holder of a limited license issued pursuant to this section with notice and an opportunity for a hearing in accordance with the provisions of this chapter and chapter 622A of NRS, suspend or revoke the license issued to the limited licensee if the Board determines that the limited licensee is no longer employed as a physician in this State.

      8.  The Board:

      (a) Shall adopt regulations necessary to carry out the provisions of this section, including, without limitation, regulations:

             (1) Establishing the required provisions of a written practice agreement entered into between the holder of a limited license and his or her supervising physician pursuant to subsection 3;

             (2) Governing the prescribing and dispensing of controlled substances by limited licensees, which must prohibit a limited licensee from prescribing or dispensing any controlled substance that the supervising physician of the limited licensee is not authorized or qualified to prescribe or dispense; and

             (3) Establishing the specialties within which a limited licensee may practice pursuant to this section, which may include, without limitation, internal medicine, general medicine, geriatric medicine, family medicine, palliative medicine and hospice.

      (b) May adopt such additional regulations as it deems appropriate to carry out the provisions of this section, which may include, without limitation:

             (1) Any additional requirements for the issuance or renewal of a limited license under the provisions of this section;

             (2) Regulations governing the scope of practice of a limited licensee, including, without limitation, regulations prescribing the authority of a limited licensee to order home health care;

             (3) Requirements for the identification of limited licensees, which may include, without limitation, a requirement that a limited licensee wear an identification badge which clearly identifies the person as a limited licensee;

             (4) Criteria for the monitoring and evaluation of a limited licensee by the supervising physician of the limited licensee pursuant to subsection 4; and

             (5) Regulations concerning the types of procedures or services which a limited licensee may perform outside of the presence of his or her supervising physician, which may exempt a limited licensee from the requirements of paragraph (b) of subsection 3 in emergency or life threatening situations.

      9.  As used in this section:

      (a) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(1)(2)(B).

 


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      (b) “Medically underserved area” means an area designated as:

             (1) A health professional shortage area for primary care by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 254e; or

             (2) An area with a medically underserved population by the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 254b.

      (c) “Physician group practice” means any business entity organized for the purpose of the practice of medicine or osteopathic medicine by more than one physician.

      Sec. 1.7. On or before January 31 of each calendar year, the Board shall:

      1.  Compile a report concerning the licenses issued pursuant to section 1.3 of this act which must include, for the immediately preceding calendar year:

      (a) The number of applications received by the Board for limited licenses pursuant to subsection 1;

      (b) The number of applications received by the Board from the holders of limited licenses for an unrestricted license pursuant to subsection 6 of section 1.3 of this act;

      (c) An evaluative assessment of the quality of the limited licensees licensed pursuant to this section; and

      (d) Metrics and data concerning, without limitation, the types of practices and facilities that employ limited licensees licensed pursuant to section 1.3 of this act, the specialties practiced by such limited licensees and the geographic distribution of such limited licensees.

      2.  Submit the report compiled pursuant to subsection 1 to the Director of the Legislative Counsel Bureau for transmittal to:

      (a) In even-numbered years, the Joint Interim Standing Committee on Health and Human Services; and

      (b) In odd-numbered years, the next regular session of the Legislature.

      Sec. 2. NRS 630.160 is hereby amended to read as follows:

      630.160  1.  Every person desiring to practice medicine must, before beginning to practice, procure from the Board a license authorizing the person to practice.

      2.  Except as otherwise provided in NRS 630.1605 to 630.161, inclusive, and 630.258 to 630.2665, inclusive, and sections 1.3 and 1.7 of this act, a license may be issued to any person who:

      (a) Has received the degree of doctor of medicine from a medical school:

             (1) Approved by the Liaison Committee on Medical Education of the American Medical Association and Association of American Medical Colleges; or

             (2) Which provides a course of professional instruction equivalent to that provided in medical schools in the United States approved by the Liaison Committee on Medical Education;

      (b) Is currently certified by a specialty board of the American Board of Medical Specialties and who agrees to maintain the certification for the duration of the licensure, or has passed:

             (1) All parts of the examination given by the National Board of Medical Examiners;

             (2) All parts of the Federation Licensing Examination;

             (3) All parts of the United States Medical Licensing Examination;

 


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             (4) All parts of a licensing examination given by any state or territory of the United States, if the applicant is certified by a specialty board of the American Board of Medical Specialties;

             (5) All parts of the examination to become a licentiate of the Medical Council of Canada; or

             (6) Any combination of the examinations specified in subparagraphs (1), (2) and (3) that the Board determines to be sufficient;

      (c) Is currently certified by a specialty board of the American Board of Medical Specialties in the specialty of emergency medicine, preventive medicine or family medicine and who agrees to maintain certification in at least one of these specialties for the duration of the licensure, or:

             (1) Has completed 36 months of progressive postgraduate:

                   (I) Education as a resident in the United States or Canada in a program approved by the Board, the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, the Collθge des mιdecins du Quιbec or the College of Family Physicians of Canada, or, as applicable, their successor organizations; or

                   (II) Fellowship training in the United States or Canada approved by the Board or the Accreditation Council for Graduate Medical Education;

             (2) Has completed at least 36 months of postgraduate education, not less than 24 months of which must have been completed as a resident after receiving a medical degree from a combined dental and medical degree program approved by the Board; or

             (3) Is a resident who is enrolled in a progressive postgraduate training program in the United States or Canada approved by the Board, the Accreditation Council for Graduate Medical Education, the Royal College of Physicians and Surgeons of Canada, the Collθge des mιdecins du Quιbec or the College of Family Physicians of Canada, or, as applicable, their successor organizations, has completed at least 24 months of the program and has committed, in writing, to the Board that he or she will complete the program; and

      (d) Passes a written or oral examination, or both, as to his or her qualifications to practice medicine and provides the Board with a description of the clinical program completed demonstrating that the applicant’s clinical training met the requirements of paragraph (a).

      3.  The Board may issue a license to practice medicine after the Board verifies, through any readily available source, that the applicant has complied with the provisions of subsection 2. The verification may include, but is not limited to, using the Federation Credentials Verification Service. If any information is verified by a source other than the primary source of the information, the Board may require subsequent verification of the information by the primary source of the information.

      4.  Notwithstanding any provision of this chapter to the contrary, if, after issuing a license to practice medicine, the Board obtains information from a primary or other source of information and that information differs from the information provided by the applicant or otherwise received by the Board, the Board may:

      (a) Temporarily suspend the license;

      (b) Promptly review the differing information with the Board as a whole or in a committee appointed by the Board;

      (c) Declare the license void if the Board or a committee appointed by the Board determines that the information submitted by the applicant was false, fraudulent or intended to deceive the Board;

 


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      (d) Refer the applicant to the Attorney General for possible criminal prosecution pursuant to NRS 630.400; or

      (e) If the Board temporarily suspends the license, allow the license to return to active status subject to any terms and conditions specified by the Board, including:

             (1) Placing the licensee on probation for a specified period with specified conditions;

             (2) Administering a public reprimand;

             (3) Limiting the practice of the licensee;

             (4) Suspending the license for a specified period or until further order of the Board;

             (5) Requiring the licensee to participate in a program to correct an alcohol or other substance use disorder;

             (6) Requiring supervision of the practice of the licensee;

             (7) Imposing an administrative fine not to exceed $5,000;

             (8) Requiring the licensee to perform community service without compensation;

             (9) Requiring the licensee to take a physical or mental examination or an examination testing his or her competence to practice medicine;

             (10) Requiring the licensee to complete any training or educational requirements specified by the Board; and

             (11) Requiring the licensee to submit a corrected application, including the payment of all appropriate fees and costs incident to submitting an application.

      5.  If the Board determines after reviewing the differing information to allow the license to remain in active status, the action of the Board is not a disciplinary action and must not be reported to any national database. If the Board determines after reviewing the differing information to declare the license void, its action shall be deemed a disciplinary action and shall be reportable to national databases.

      Sec. 3. NRS 630.195 is hereby amended to read as follows:

      630.195  1.  Except as otherwise provided in NRS 630.1606 and 630.1607, in addition to the other requirements for licensure, an applicant for a license to practice medicine who is a graduate of a foreign medical school shall submit to the Board proof that the applicant has received:

      (a) The degree of doctor of medicine or its equivalent, as determined by the Board; and

      (b) The [standard] certificate of the Educational Commission for Foreign Medical Graduates . [or a written statement from that Commission that the applicant passed the examination given by the Commission.]

      2.  The proof of the degree of doctor of medicine or its equivalent must be submitted directly to the Board by the medical school that granted the degree. If proof of the degree is unavailable from the medical school that granted the degree, the Board may accept proof from any other source specified by the Board.

      Sec. 4. NRS 630.265 is hereby amended to read as follows:

      630.265  1.  Unless the Board denies such licensure pursuant to NRS 630.161 or for other good cause, the Board shall issue to a qualified applicant a limited license to practice medicine as a resident physician in a graduate program approved by the Accreditation Council for Graduate Medical Education if the applicant is:

      (a) A graduate of an accredited medical school in the United States or Canada; or

 


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κ2025 Statutes of Nevada, Page 1028 (CHAPTER 164, SB 124)κ

 

      (b) A graduate of a foreign medical school and [has received the standard certificate of] is certified by the Educational Commission for Foreign Medical Graduates . [or a written statement from that Commission that the applicant passed the examination given by it.]

      2.  The medical school or other institution sponsoring the program shall provide the Board with written confirmation that the applicant has been appointed to a position in the program. A limited license remains valid only while the licensee is actively practicing medicine in the residency program and is legally entitled to work and remain in the United States.

      3.  The Board may issue a limited license for not more than 1 year but may renew the license if the applicant for the limited license meets the requirements set forth by the Board by regulation.

      4.  The holder of a limited license may practice medicine only in connection with his or her duties as a resident physician or under such conditions as are approved by the director of the program.

      5.  The holder of a limited license granted pursuant to this section may be disciplined by the Board at any time for any of the grounds provided in NRS 630.161 or 630.301 to 630.3065, inclusive.

      Sec. 5. NRS 630A.270 is hereby amended to read as follows:

      630A.270  1.  An applicant for a license to practice homeopathic medicine who is a graduate of a foreign medical school shall submit to the Board through its Secretary-Treasurer proof that the applicant:

      (a) Has received the degree of doctor of medicine or its equivalent, as determined by the Board, from a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates;

      (b) Has completed 3 years of postgraduate training satisfactory to the Board;

      (c) Has completed an additional 6 months of postgraduate training in homeopathic medicine;

      (d) [Has received the standard certificate of] Is certified by the Educational Commission for Foreign Medical Graduates; and

      (e) Has passed all parts of the Federation Licensing Examination . [, or has received a written statement from the Educational Commission for Foreign Medical Graduates that the applicant has passed the examination given by the Commission.]

      2.  In addition to the proofs required by subsection 1, the Board may take such further evidence and require such further proof of the professional and moral qualifications of the applicant as in its discretion may be deemed proper.

      3.  If the applicant is a diplomate of an approved specialty board recognized by this Board, the requirements of paragraphs (b) and (c) of subsection 1 may be waived by the Board.

      4.  Before issuance of a license to practice homeopathic medicine, the applicant who presents the proof required by subsection 1 shall appear personally before the Board and satisfactorily pass a written or oral examination, or both, as to his or her qualifications to practice homeopathic medicine.

      Sec. 6. NRS 630A.320 is hereby amended to read as follows:

      630A.320  1.  Except as otherwise provided in NRS 630A.225, the Board may issue to a qualified applicant a limited license to practice homeopathic medicine as a resident homeopathic physician in a postgraduate program of clinical training if:

      (a) The applicant is a graduate of an accredited medical school in the United States or Canada or is a graduate of a foreign medical school recognized by the Educational Commission for Foreign Medical Graduates and has completed 1 year of supervised clinical training approved by the Board.

 


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recognized by the Educational Commission for Foreign Medical Graduates and has completed 1 year of supervised clinical training approved by the Board.

      (b) The Board approves the program of clinical training, and the medical school or other institution sponsoring the program provides the Board with written confirmation that the applicant has been appointed to a position in the program.

      2.  In addition to the requirements of subsection 1, an applicant who is a graduate of a foreign medical school must [have received the standard certificate of] be certified by the Educational Commission for Foreign Medical Graduates.

      3.  The Board may issue this limited license for not more than 1 year, but may renew the license.

      4.  The holder of this limited license may practice homeopathic medicine only in connection with his or her duties as a resident physician and shall not engage in the private practice of homeopathic medicine.

      5.  A limited license granted under this section may be revoked by the Board at any time for any of the grounds set forth in NRS 630A.225 or 630A.340 to 630A.380, inclusive.

      Sec. 6.5.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 7.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 6, inclusive, of this act become effective:

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

      (b) On July 1, 2026, for all other purposes.

________

CHAPTER 165, SB 125

Senate Bill No. 125–Senator Steinbeck

 

CHAPTER 165

 

[Approved: May 30, 2025]

 

AN ACT relating to crime; authorizing a governmental entity to disclose certain confidential information to the statewide center for providing assistance to victims under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law declares it a policy of this State to provide assistance to victims of violent crimes or the dependents of victims of violent crimes. (NRS 217.010) Existing law requires the Division of Child and Family Services of the Department of Health and Human Services, to the extent that money is available for this purpose, to designate a statewide center to provide assistance to victims. If a center to provide assistance to victims is designated, existing law requires the center to provide certain support services to victims, including, without limitation, referrals, advocacy services and counseling. (NRS 217.096) With limited exception, this bill authorizes a governmental entity to disclose certain confidential information to the center for the limited purpose of providing support services to victims of crimes.

 


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κ2025 Statutes of Nevada, Page 1030 (CHAPTER 165, SB 125)κ

 

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 217.096 is hereby amended to read as follows:

      217.096  1.  In collaboration with persons and entities that advocate for the needs of victims, the Division shall, to the extent that money is available for this purpose, designate a statewide center to provide assistance to victims.

      2.  If a center is designated pursuant to subsection 1, the center must, to the extent money is available, provide support services to victims, including, without limitation, by:

      (a) Providing referral services and case management services to connect victims with:

             (1) Necessary medical and behavioral health care services, including, without limitation, counseling services and treatment for post-traumatic stress;

             (2) Agencies which provide compensation to and support for victims;

             (3) Legal aid services; and

             (4) Services provided by a federal, state or local law enforcement agency;

      (b) Providing advocacy services for victims, including, without limitation, services designed to ensure victims are reimbursed for out-of-pocket expenses that are eligible for reimbursement by an agency which provides compensation and support for victims;

      (c) Providing information concerning counseling services and facilitating the provision of counseling services, including, without limitation, through virtual and in-person support groups and wellness events;

      (d) Providing technical assistance with applying for online services available to victims;

      (e) Operating a call center for the purpose of providing information relating to support services available to victims; and

      (f) Responding to critical incidents in this State.

      3.  If a center is designated pursuant to subsection 1, the center must:

      (a) Be based in a county whose population is 700,000 or more and provide direct services to victims in that county;

      (b) To the extent money is available, assist the Division with expanding the services available to victims in this State; and

      (c) To the extent money is available, provide training and technical assistance and take other preparatory steps to ensure that communities throughout the State are adequately trained and equipped to provide support services to victims relating to critical incidents.

      4.  Unless otherwise prohibited by federal law, a governmental entity may provide confidential information to a center designated pursuant to subsection 1 for the limited purpose of providing support services to victims. The center shall not disclose any confidential information received pursuant to this subsection, and receipt of the information does not alter, affect, abrogate or waive the confidential status of the information.

      5.  The Administrator may accept any gift, grant, donation, bequest or other source of money for the purposes of carrying out the provisions of this section. Any money so received must be deposited in the Victim Support Gift Account, which is hereby established in the State General Fund. The Administrator shall administer the Account.

 


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κ2025 Statutes of Nevada, Page 1031 (CHAPTER 165, SB 125)κ

 

Administrator shall administer the Account. The interest and income earned on money in the Account from any gift, grant, donation or bequest, after deducting any applicable charges, must be credited to the Account. Money from any gift, grant, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      [5.]6.  As used in this section:

      (a) “Administrator” means the Administrator of the Division.

      (b) “Critical incident” means an abnormal event that is sudden and unexpected and has a stressful impact sufficient to overwhelm the coping skills of a person.

      (c) “Division” means the Division of Child and Family Services of the Department.

      (d) “Governmental entity” means:

             (1) The government of this State;

             (2) An agency of the government of this State;

             (3) A political subdivision of this State; and

             (4) An agency of a political subdivision of this State.

      (e) “Victim” means a person who suffers direct harm as a result of a violent crime or a person who suffers harm as an indirect consequence of a violent crime, including, without limitation, by witnessing the crime.

________

CHAPTER 166, SB 137

Senate Bill No. 137–Senator Neal (by request)

 

CHAPTER 166

 

[Approved: May 30, 2025]

 

AN ACT relating to public health; requiring the establishment of a program to improve access to certain resources in a medical emergency; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to: (1) establish various programs relating to public health in this State; and (2) regulate emergency medical services in counties whose population is less than 700,000 (currently all counties other than Clark County). (NRS 439.495, 439.496, 439.501, 439.505, 439.507, 439.514-439.525, 439.5291-439.5297, chapter 450B of NRS) This bill requires the Division to establish and operate a program to improve: (1) the ability of persons in this State to respond to medical emergencies; and (2) access of persons in this State to resources for responding to a medical emergency. This bill requires that program to include certain measures to: (1) increase the number of volunteers who are trained to assist in a medical emergency; and (2) notify persons who are experiencing a medical emergency or assisting persons who are experiencing a medical emergency of the location of such volunteers and certain other resources.

 


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κ2025 Statutes of Nevada, Page 1032 (CHAPTER 166, SB 137)κ

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 439 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Division shall establish and operate a program to improve:

      (a) The ability of persons in this State to respond to medical emergencies; and

      (b) The access of persons in this State to resources for responding to a medical emergency.

      2.  The program must:

      (a) Assist volunteers in receiving training in cardiopulmonary resuscitation, training through the Community Emergency Response Team program of the Federal Emergency Management Agency of the United States Department of Homeland Security or similar training for responding to a medical emergency.

      (b) Allow volunteers who are certified in cardiopulmonary resuscitation by a nationally recognized organization to register to authorize the Division to notify persons described in paragraph (c) of the location of the volunteers.

      (c) Provide multiple means to notify a person who is experiencing a medical emergency or assisting a person who is experiencing a medical emergency of the location of volunteers who have registered pursuant to paragraph (b), health facilities and kits to provide first aid or stop the loss of blood. Such means must include, without limitation, signage, applications for mobile devices and access to information through quick response codes.

      (d) Provide resources to assist communities in this State in achieving the HEARTSafe Community designation, or any successor designation, awarded by the Citizen CPR Foundation, or its successor organization, and incentives to encourage communities in this State to achieve that designation.

      3.  In carrying out the provisions of this section, the Division may:

      (a) Contract with or collaborate with any public or private person or entity, including, without limitation:

             (1) Providers of the training described in paragraph (a) of subsection 2;

             (2) Federal, state and local governmental agencies;

             (3) The Stop the Bleed program of the American College of Surgeons, or any successor program;

             (4) The American Heart Association, or its successor organization;

             (5) Providers of emergency medical services;

             (6) Local emergency response organizations;

             (7) Community health organizations;

             (8) Homeowners’ associations;

             (9) Insurers; and

             (10) Health facilities and providers of health care.

      (b) Establish one or more advisory committees.

      (c) Apply for and accept gifts, grants and donations from any source.

      4.  As used in this section:

      (a) “Health facility” means a facility in or through which health services are provided.

 


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κ2025 Statutes of Nevada, Page 1033 (CHAPTER 166, SB 137)κ

 

      (b) “Mobile device” includes, without limitation, a smartphone or a tablet computer.

      (c) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

      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 167, AB 348

Assembly Bill No. 348–Committee on Ways and Means

 

CHAPTER 167

 

[Approved: May 30, 2025]

 

AN ACT relating to the Legislature; revising provisions relating to the Interim Retirement and Benefits Committee of the Legislature; eliminating the duty of the Fiscal Analysis Division of the Legislative Counsel Bureau to perform certain budget stress testing; abolishing the Legislative Bureau of Educational Accountability and Program Evaluation within the Fiscal Analysis Division; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Interim Retirement and Benefits Committee of the Legislature to review the operation of and make recommendations regarding the Public Employees’ Retirement System, Judicial Retirement System and Public Employees’ Benefits Program. The Committee consists of three members of the Senate and three members of the Assembly. (NRS 218E.420) Section 1 of this bill: (1) provides for the terms of the members of the Committee, appointment of alternates and the filling of vacancies; and (2) terminates on the day next after the general election the membership of any member of the Committee who does not become a candidate for reelection or who is defeated for reelection.

      Existing law establishes the Legislators’ Retirement System to provide benefits at retirement or death for Legislators who are members. (NRS 218C.100) The Public Employees’ Retirement Board administers the Legislators’ Retirement System. (NRS 218C.150) Section 1 requires the Interim Retirement and Benefits Committee to also review the operation of and make recommendations regarding the Legislators’ Retirement System.

      Section 2 of this bill eliminates the requirements in existing law for the Fiscal Analysis Division of the Legislative Counsel Bureau to: (1) perform, to the extent of available resources, a budget stress test in each even-numbered year comparing the estimated future revenue to, and the estimated future expenditure from, the major funds in the State Treasury under various potential economic conditions; and (2) submit a report regarding the results of the budget stress test to the Governor and the Legislature and cause the posting of the report on the Internet website of the Legislature. (NRS 218F.600)

 


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      Existing law creates the Legislative Bureau of Educational Accountability and Program Evaluation within the Fiscal Analysis Division. Under existing law, the Bureau is required to: (1) collect and analyze data and issue reports concerning certain provisions and programs relating to education; (2) conduct studies and analyses to evaluate the performance and progress of the system of public education within this State; and (3) submit biennial reports of its findings. (NRS 218E.625) Section 12 of this bill abolishes the Bureau. Sections 3-12 of this bill make conforming changes to remove references to the Bureau in the Nevada Revised Statutes.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 218E.420 is hereby amended to read as follows:

      218E.420  1.  There is hereby created an Interim Retirement and Benefits Committee of the Legislature to:

      (a) Review the operation of the Public Employees’ Retirement System, the Judicial Retirement System established pursuant to chapter 1A of NRS , the Legislators’ Retirement System established pursuant to chapter 218C of NRS and the Public Employees’ Benefits Program; and

      (b) Make recommendations to the Public Employees’ Retirement Board and the Board of the Public Employees’ Benefits Program, the Legislative Commission and the Legislature.

      2.  The Interim Retirement and Benefits Committee consists of six members appointed as follows:

      (a) Three members of the Senate, one of whom is the Chair of the Committee on Finance during the preceding regular session and two of whom are appointed by the Majority Leader of the Senate.

      (b) Three members of the Assembly, one of whom is the Chair of the Committee on Ways and Means during the preceding regular session and two of whom are appointed by the Speaker of the Assembly.

      3.  If any regular member of the Interim Retirement and Benefits Committee informs the Secretary that the member will be unable to attend a particular meeting, the Secretary shall notify the Speaker of the Assembly or the Majority Leader of the Senate, as the case may be, to appoint an alternate for that meeting from the same House and political party as the absent member.

      4.  Except as otherwise provided in this subsection, the term of a member of the Interim Retirement and Benefits Committee expires upon the convening of the next regular legislative session, unless the member is replaced by the appointing authority. The membership of any member of the Interim Retirement and Benefits Committee who is not a candidate for reelection or who is defeated for reelection terminates on the day next after the general election.

      5.  Vacancies on the Interim Retirement and Benefits Committee must be filled in the same manner as original appointments.

      6.  The Legislative Commission shall review and approve the budget and work program for the Interim Retirement and Benefits Committee and any changes to the budget or work program.

      [4.]7.  The immediate past Chair of the Senate Standing Committee on Finance is the Chair of the Interim Retirement and Benefits Committee for the period ending with the convening of each odd-numbered regular session.

 


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the period ending with the convening of each odd-numbered regular session. The immediate past Chair of the Assembly Standing Committee on Ways and Means is the Chair of the Interim Retirement and Benefits Committee during the next legislative interim, and the position of Chair alternates between the Houses according to this pattern.

      [5.]8.  The Interim Retirement and Benefits Committee may exercise the powers conferred on it by law only when the Legislature is not in a regular or special session and shall meet at the call of the Chair.

      [6.]9.  The Interim Retirement and Benefits Committee may conduct investigations and hold hearings in connection with its functions and duties and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.

      [7.]10.  The Director shall provide a Secretary for the Interim Retirement and Benefits Committee.

      [8.]11.  For each day or portion of a day during which members of the Interim Retirement and Benefits Committee and appointed alternates attend a meeting of the Interim Retirement and Benefits Committee or are otherwise engaged in the business of the Interim Retirement and Benefits Committee, the members or appointed alternates are entitled to receive:

      (a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;

      (b) The per diem allowance provided for state officers and employees generally; and

      (c) The travel expenses provided pursuant to NRS 218A.655.

      [9.]12.  All such compensation, per diem allowances and travel expenses must be paid from the Legislative Fund.

      Sec. 2. NRS 218F.600 is hereby amended to read as follows:

      218F.600  1.  The Fiscal Analysis Division consists of the Senate Fiscal Analyst, the Assembly Fiscal Analyst and such additional staff as the performance of their duties may require.

      2.  The Fiscal Analysis Division shall:

      (a) Thoroughly examine all agencies of the State with special regard to their activities and the duplication of efforts between them.

      (b) Recommend to the Legislature any suggested changes looking toward economy and the elimination of inefficiency in government.

      (c) Ascertain facts and make recommendations to the Legislature concerning the budget of the State and the estimates of the expenditure requirements of the agencies of the State.

      (d) Make projections of future public revenues for the use of the Legislature.

      (e) Analyze the history and probable future trend of the State’s financial position in order that a sound fiscal policy may be developed and maintained for the State of Nevada.

      (f) [To the extent of available resources, perform a budget stress test in each even-numbered year comparing the estimated future revenue to, and the estimated future expenditure from, the major funds in the State Treasury under various potential economic conditions and submit a report regarding the results of the test to the Governor and the Legislature. The Fiscal Analysis Division shall cause a copy of any such report to be posted on the Internet website of the Legislature.

 


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      (g)] Analyze appropriation bills, revenue bills and bills having a fiscal impact upon the operation of the government of the State of Nevada or its political subdivisions.

      [(h)](g) Advise the Legislature and its members and committees regarding matters of a fiscal nature.

      [(i)](h) Perform such other functions as may be assigned to the Fiscal Analysis Division by the Legislature, the Legislative Commission or the Director.

      Sec. 3. 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.

 


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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, 633.4717, 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.

 


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

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

      (a) The public record:

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

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

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

             (1) Give access to proprietary software; or

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

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

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

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

      Sec. 4. NRS 385.111 is hereby amended to read as follows:

      385.111  1.  The State Board shall prepare a plan to improve the achievement of pupils enrolled in the public schools in this State. The plan:

      (a) Must be prepared in consultation with:

             (1) Employees of the Department;

             (2) At least one employee of a school district in a county whose population is 100,000 or more, appointed by the Nevada Association of School Boards;

             (3) At least one employee of a school district in a county whose population is less than 100,000, appointed by the Nevada Association of School Boards; and

             (4) At least one representative of the Statewide Council for the Coordination of the Regional Training Programs created by NRS 391A.130, appointed by the Council; and

      (b) May be prepared in consultation with:

             (1) Representatives of institutions of higher education;

             (2) Representatives of regional educational laboratories;

             (3) Representatives of outside consultant groups;

             (4) Representatives of the regional training programs for the professional development of teachers and administrators created by NRS 391A.120; and

             (5) [The Legislative Bureau of Educational Accountability and Program Evaluation; and

 


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             (6)] Other persons who the State Board determines are appropriate.

      2.  On or before March 31 of each year, the State Board shall submit the plan or the revised plan, as applicable, to the:

      (a) Governor;

      (b) Joint Interim Standing Committee on Education;

      (c) [Legislative Bureau of Educational Accountability and Program Evaluation;

      (d)] Board of Regents of the University of Nevada;

      [(e)](d) Board of trustees of each school district; and

      [(f)](e) Governing body of each charter school.

      Sec. 5. NRS 385A.010 is hereby amended to read as follows:

      385A.010  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS [385A.020 to] 385A.030, 385A.040 and 385A.050 [, inclusive,] have the meanings ascribed to them in those sections.

      Sec. 6. NRS 385A.090 is hereby amended to read as follows:

      385A.090  1.  On or before September 30 of each year:

      (a) The board of trustees of each school district, the State Public Charter School Authority, each college or university within the Nevada System of Higher Education and each city or county that sponsors a charter school shall provide written notice that the report required pursuant to NRS 385A.070 is available on the Internet website maintained by the school district, State Public Charter School Authority, institution or city or county, if any, or otherwise provide written notice of the availability of the report. The written notice must be provided to the:

             (1) Governor;

             (2) State Board;

             (3) Department;

             (4) Committee; and

             (5) [Bureau; and

             (6)] The Attorney General, with a specific reference to the information that is reported pursuant to paragraph (e) of subsection 1 of NRS 385A.250.

      (b) The board of trustees of each school district, the State Public Charter School Authority, each college or university within the Nevada System of Higher Education and each city or county that sponsors a charter school shall provide for public dissemination of the annual report of accountability prepared pursuant to NRS 385A.070 by posting a copy of the report on the Internet website maintained by the school district, the State Public Charter School Authority, the institution or the city or county, if any. If a school district does not maintain a website, the district shall otherwise provide for public dissemination of the annual report by providing a copy of the report to the schools in the school district, including, without limitation, each charter school sponsored by the district, the residents of the district, and the parents and guardians of pupils enrolled in schools in the district, including, without limitation, each charter school sponsored by the district. If the State Public Charter School Authority, the institution, the city or the county does not maintain a website, the State Public Charter School Authority, the institution, the city or the county, as applicable, shall otherwise provide for public dissemination of the annual report by providing a copy of the report to each charter school it sponsors and the parents and guardians of pupils enrolled in each charter school it sponsors.

 


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      2.  Upon the request of the Governor, the Attorney General, an entity described in paragraph (a) of subsection 1 or a member of the general public, the board of trustees of a school district, the State Public Charter School Authority, a college or university within the Nevada System of Higher Education or a city or county that sponsors a charter school, as applicable, shall provide a portion or portions of the report required pursuant to NRS 385A.070.

      Sec. 7. NRS 385A.400 is hereby amended to read as follows:

      385A.400  1.  The State Board shall, on or before January 15 of each year, prepare for the immediately preceding school year a single annual report of accountability that includes, without limitation , the information prescribed by NRS 385A.400 to 385A.520, inclusive.

      2.  A separate reporting for a group of pupils must not be made pursuant to NRS 385A.400 to 385A.520, inclusive, if the number of pupils in that group is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual pupil. The Department shall use the mechanism approved by the United States Department of Education for the statewide system of accountability for public schools for determining the minimum number of pupils that must be in a group for that group to yield statistically reliable information.

      3.  The annual report of accountability must:

      (a) Be prepared in a concise manner; and

      (b) Be presented in an understandable and uniform format and, to the extent practicable, provided in a language that parents can understand.

      4.  On or before January 15 of each year, the State Board shall provide for public dissemination of the annual report of accountability by posting a copy of the report on the Internet website maintained by the Department.

      5.  Upon the request of the Governor, the Attorney General, the Committee, [the Bureau,] the Board of Regents of the University of Nevada, the board of trustees of a school district, the State Public Charter School Authority, a college or university within the Nevada System of Higher Education, the governing body of a charter school or a member of the general public, the State Board shall provide a portion or portions of the annual report of accountability.

      Sec. 8. NRS 385A.650 is hereby amended to read as follows:

      385A.650  1.  The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must:

      (a) Include any information prescribed by regulation of the State Board;

      (b) Be developed in accordance with the provisions of NRS 388.885;

      (c) Include, without limitation, methods for evaluating and improving the school climate in the school; and

      (d) Comply with the provisions of 20 U.S.C. § 6311(d).

      3.  The principal of each school shall, in consultation with the employees of the school:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

 


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      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      4.  On or before the date prescribed by the Department, the principal of each school shall submit the plan or the revised plan, as applicable, to the:

      (a) Department;

      (b) Committee; and

      (c) [Bureau; and

      (d)] Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

      5.  As used in this section, “school climate” means the basis of which to measure the relationships between pupils and the parents or legal guardians of pupils and educational personnel, the cultural and linguistic competence of instructional materials and educational personnel, the emotional and physical safety of pupils and educational personnel and the social, emotional and academic development of pupils and educational personnel.

      Sec. 9. NRS 390.830 is hereby amended to read as follows:

      390.830  1.  The State Board shall:

      (a) In accordance with guidelines established by the National Assessment Governing Board and National Center for Education Statistics and in accordance with 20 U.S.C. §§ 6301 et seq. and the regulations adopted pursuant thereto, adopt regulations requiring the schools of this State that are selected by the National Assessment Governing Board or the National Center for Education Statistics to participate in the examinations of the National Assessment of Educational Progress.

      (b) Report the results of those examinations to the:

             (1) Governor;

             (2) Board of trustees of each school district of this State; and

             (3) Joint Interim Standing Committee on Education created pursuant to NRS 218E.320 . [; and

             (4) Legislative Bureau of Educational Accountability and Program Evaluation created pursuant to NRS 218E.625.]

      (c) Include in the report required pursuant to paragraph (b) an analysis and comparison of the results of pupils in this State on the examinations required by this section with:

             (1) The results of pupils throughout this country who participated in the examinations of the National Assessment of Educational Progress; and

             (2) The results of pupils on the achievement and proficiency examinations administered pursuant to this chapter.

      2.  If the report required by subsection 1 indicates that the percentage of pupils enrolled in the public schools in this State who are proficient on the National Assessment of Educational Progress differs by more than 10 percent of the pupils who are proficient on the examinations administered pursuant to NRS 390.105, the Department shall prepare a written report describing the discrepancy. The report must include, without limitation, a comparison and evaluation of:

      (a) The standards of content and performance for English language arts and mathematics established pursuant to NRS 389.520 with the standards for English language arts and mathematics that are tested on the National Assessment.

 


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      (b) The standards for proficiency established for the National Assessment with the standards for proficiency established for the examinations that are administered pursuant to NRS 390.105.

      3.  The report prepared by the Department pursuant to subsection 2 must be submitted to the:

      (a) Governor;

      (b) Joint Interim Standing Committee on Education; and

      (c) [Legislative Bureau of Educational Accountability and Program Evaluation; and

      (d)] Council to Establish Academic Standards for Public Schools.

      4.  The Council to Establish Academic Standards for Public Schools shall review and evaluate the report provided to the Council pursuant to subsection 3 to identify any discrepancies in the standards of content and performance established by the Council that require revision and a timeline for carrying out the revision, if necessary. The Council shall submit a written report of its review and evaluation to the Joint Interim Standing Committee on Education . [and Legislative Bureau of Educational Accountability and Program Evaluation.]

      Sec. 10. NRS 391A.190 is hereby amended to read as follows:

      391A.190  1.  The governing body of each regional training program shall:

      (a) Establish a method for the evaluation of the success of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program. The method must be consistent with the uniform procedures and criteria adopted by the Statewide Council pursuant to NRS 391A.135 and the standards for professional development training adopted by the State Board pursuant to subsection 1 of NRS 391A.370.

      (b) On or before September 1 of each year and before submitting the annual report pursuant to paragraph (c), submit the annual report to the Statewide Council for its review and incorporate into the annual report any revisions recommended by the Statewide Council.

      (c) On or before December 1 of each year, submit an annual report to the State Board, the board of trustees of each school district served by the regional training program, the Commission on Professional Standards in Education [,] and the Joint Interim Standing Committee on Education [and the Legislative Bureau of Educational Accountability and Program Evaluation] that includes, without limitation:

             (1) The priorities for training adopted by the governing body pursuant to NRS 391A.175.

             (2) The type of training offered through the regional training program in the immediately preceding year.

             (3) The number of teachers and administrators who received training through the regional training program in the immediately preceding year.

             (4) The number of administrators who received training pursuant to paragraph (c) of subsection 1 of NRS 391A.125 in the immediately preceding year.

             (5) The number of teachers, administrators and other licensed educational personnel who received training pursuant to paragraph (d) of subsection 1 of NRS 391A.125 in the immediately preceding year.

             (6) The number of teachers who received training pursuant to subparagraph (1) of paragraph (g) of subsection 1 of NRS 391A.125 in the immediately preceding year.

 


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             (7) The number of paraprofessionals, if any, who received training through the regional training program in the immediately preceding year.

             (8) An evaluation of the effectiveness of the regional training program, including, without limitation, the Nevada Early Literacy Intervention Program, in accordance with the method established pursuant to paragraph (a).

             (9) An evaluation of whether the training included the:

                   (I) Standards of content and performance established by the Council to Establish Academic Standards for Public Schools pursuant to NRS 389.520;

                   (II) Curriculum and instruction required for the common core standards adopted by the State Board;

                   (III) Curriculum and instruction recommended by the Teachers and Leaders Council of Nevada created by NRS 391.455; and

                   (IV) Culturally relevant pedagogy, taking into account cultural diversity and demographic differences throughout this State.

             (10) An evaluation of the effectiveness of training on improving the quality of instruction and the achievement of pupils.

             (11) A description of the gifts and grants, if any, received by the governing body in the immediately preceding year and the gifts and grants, if any, received by the Statewide Council during the immediately preceding year on behalf of the regional training program. The description must include the manner in which the gifts and grants were expended.

             (12) The 5-year plan for the regional training program prepared pursuant to NRS 391A.175 and any revisions to the plan made by the governing body in the immediately preceding year.

      2.  The information included in the annual report pursuant to paragraph (c) of subsection 1 must be aggregated for each regional training program and disaggregated for each school district served by the regional training program.

      3.  As used in this section, “paraprofessional” has the meaning ascribed to it in NRS 391.008.

      Sec. 11. NRS 391A.205 is hereby amended to read as follows:

      391A.205  1.  On or before December 1 of each year, the board of trustees of each school district shall submit, on a form prescribed by the Department, an annual report concerning the professional development training offered by the school district to the State Board, the Commission on Professional Standards in Education [,] and the Joint Interim Standing Committee on Education . [and the Legislative Bureau of Educational Accountability and Program Evaluation.]

      2.  The State Board shall prescribe by regulation the contents of the report required by subsection 1.

      Sec. 12. NRS 218E.625 and 385A.020 are hereby repealed.

      Sec. 13.  This act becomes effective on July 1, 2025.

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CHAPTER 168, SB 138

Senate Bill No. 138–Senator Cannizzaro

 

Joint Sponsors: Assemblymembers Brown-May, Gonzαlez, Gray, Nadeem, Nguyen and Orentlicher

 

CHAPTER 168

 

[Approved: May 30, 2025]

 

AN ACT relating to Medicaid; requiring certain hospitals to enroll as a qualified provider for determining whether a pregnant woman is presumptively eligible for Medicaid or contract with certain entities to make such determinations; requiring such hospitals and contractors to provide notices relating to Medicaid to certain persons; prescribing certain rights for parents and legal guardians of newborn children who are patients in a neonatal intensive care unit of a hospital; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain hospitals to enter into agreements with the United States Secretary of Health and Human Services to accept payment through Medicare. (NRS 449.1821) Existing law also requires the Director of the Department of Health and Human Services to authorize a pregnant woman who is determined to be presumptively eligible for Medicaid to enroll in Medicaid for a specified period of time without submitting an application for enrollment in Medicaid which includes additional proof of eligibility. (NRS 422.27171) Section 2.4 of this bill requires a hospital that provides birthing services to enroll as a qualified provider to determine whether a pregnant woman is presumptively eligible for Medicaid or contract with an entity that is qualified to make such determinations under federal law. Section 2.4 requires the hospital or qualified entity to: (1) determine whether each pregnant woman seeking services from the hospital is presumptively eligible for Medicaid; and (2) notify a pregnant woman and the parent or legal guardian of certain newborn children of federal benefits that the woman or child, as applicable, may be eligible to receive.

      Existing law establishes certain rights for patients of medical facilities and facilities for the dependent. (NRS 449A.100-449A.124) Section 2.6 of this bill establishes certain rights of a parent or legal guardian of a newborn child who is receiving care in a neonatal intensive care unit of a hospital. Section 2.2 of this bill authorizes the suspension or revocation of the license of a hospital that fails to honor such rights.

 

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 and 2.(Deleted by amendment.)

      Sec. 2.2. 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, 449.029 to 449.245, inclusive, or 449A.100 to 449A.124, inclusive, and section 2.6 of this act, and 449A.270 to 449A.286, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

 


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inclusive, and section 2.6 of this act, 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.

      (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.

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

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

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

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

 


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      Sec. 2.4. NRS 449.1821 is hereby amended to read as follows:

      449.1821  1.  A hospital, other than a psychiatric hospital, critical access hospital or rural hospital, shall enter into an agreement with the United States Secretary of Health and Human Services pursuant to 42 U.S.C. § 1395cc to accept payment through Medicare.

      2.  A hospital that provides birthing services shall:

      (a) Enroll as a qualified provider to determine whether a pregnant woman is presumptively eligible for Medicaid pursuant to NRS 422.27171 and:

             (1) Determine whether each pregnant woman seeking services from the hospital is presumptively eligible for Medicaid; and

             (2) If a child is born prematurely, with a low birth weight or with any other condition that qualifies the child for benefits under the Supplemental Security Income Program, ensure that the parent or legal guardian of the child receives written notice that the child may be eligible to receive benefits under the Supplemental Security Income Program and Medicaid; or

      (b) Contract with a qualified entity to perform the functions described in subparagraphs (1) and (2) of paragraph (a) and subsections 3 and 4 on behalf of the hospital.

      3.  Except as otherwise provided in this subsection, the written notice provided to a parent or legal guardian pursuant to subparagraph (2) of paragraph (a) of subsection 2 must be in the primary language of the parent or legal guardian. If such written notice is not available in that language, the hospital or the qualified entity with which the hospital has contracted shall ensure that:

      (a) The parent or legal guardian of the child receives verbal notice in the primary language of the parent or legal guardian of the information contained in the written notice; and

      (b) The provision of such verbal notice is documented in the medical record of the child.

      4.  If a qualified member of the staff of a hospital or a qualified entity with which a hospital has contracted determines that a pregnant woman is not currently enrolled in Medicaid and is:

      (a) Presumptively eligible for Medicaid, the hospital or qualified entity, as applicable, shall provide the pregnant woman with written information concerning Medicaid. The written information must include, without limitation:

             (1) The dates on which the presumptive eligibility period begins and ends;

             (2) A summary of the benefits provided by Medicaid; and

             (3) Details on the process to apply for enrollment in Medicaid beyond the presumptive eligibility period.

      (b) Not presumptively eligible for Medicaid, the hospital or qualified entity, as applicable, shall provide the pregnant woman with an explanation of the reason she is not eligible and information on submitting an application to enroll in Medicaid.

      5.  As used in this section:

      (a) “Presumptive eligibility period” has the meaning ascribed to it in 42 U.S.C. § 1396r-1(b)(1).

      (b) “Qualified entity” has the meaning ascribed to it in 42 U.S.C. § 1396r-1a(b)(3).

 


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      (c) “Qualified provider” has the meaning ascribed to it in 42 U.S.C. § 1396r-1(b)(2).

      (d) “Supplemental Security Income Program” has the meaning ascribed to it in NRS 422A.075.

      Sec. 2.6. Chapter 449A of NRS is hereby amended by adding thereto a new section to read as follows:

      The parent or legal guardian of a newborn child who is receiving care in a neonatal intensive care unit of a hospital has the right to:

      1.  Receive clear, honest and timely updates concerning the condition, treatment plan and prognosis of the newborn child in a language that the parent or legal guardian understands.

      2.  Be near the newborn child, except in emergency situations or if other safety concerns exist, and participate in the daily rounds and decision making relating to the child.

      3.  Be informed of and provide consent to all treatments for and procedures performed on the newborn child, except in emergency situations.

      4.  As medically appropriate, hold and touch the newborn child.

      5.  Access lactation support, receive information on breastfeeding and the expression of breast milk and access options for the safe storage of breast milk that are within the existing capabilities of the hospital, if the parent or legal guardian chooses to breastfeed the newborn child.

      6.  Receive information concerning resources relating to the mental health of the parent or legal guardian, including, without limitation, support groups, counseling services or peer networks.

      7.  Ask questions and voice concerns to the medical staff of the hospital.

      8.  Request and, when feasible, receive accommodations for religious or cultural needs, including, without limitation, spiritual support or dietary needs.

      9.  Be informed concerning the process for discharge from the hospital and any potential long-term needs of the newborn child.

      10.  Receive guidance on applying for and receiving benefits under private insurance, the Supplemental Security Income Program, as defined in NRS 422A.075, and Medicaid, where applicable.

      11.  An environment in the hospital that acknowledges the role of the parent or legal guardian as a caregiver, including, without limitation, reasonable accommodations for the comfort and privacy of the parent or legal guardian and the ability of the parent or legal guardian to communicate with the medical staff and others.

      Sec. 3.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 2.6, 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.

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CHAPTER 169, SB 162

Senate Bill No. 162–Senators Cruz-Crawford, Krasner; and Rogich

 

CHAPTER 169

 

[Approved: May 30, 2025]

 

AN ACT relating to governmental financial administration; establishing conditions of the acceptance of an appropriation under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various provisions relating to state financing and the process of appropriation. (NRS 353.150-353.246) This bill requires an entity, as a condition of the acceptance of an appropriation of state money, to agree to comply with certain civil rights or employment laws that are applicable to the entity.

 

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

      1.  As a condition of the acceptance of an appropriation of state money, an entity must agree to comply with any civil rights or employment laws applicable to the entity, including, without limitation, such laws that contain protections against retaliation for employees who seek to enforce, administer or otherwise promote compliance with the law.

      2.  The acceptance of state money by an entity is deemed the agreement by the entity to the conditions prescribed by subsection 1.

      3.  As used in this section:

      (a) “Civil rights or employment laws” means any state or federal law which prohibits discrimination because of race, creed, color, national origin, sex, sexual orientation, gender identity or expression, age or disability. The term includes, without limitation:

             (1) Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e et seq.;

             (2) The Age Discrimination in Employment Act of 1967, 29 U.S.C. §§ 621-634;

             (3) The Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et seq.; and

             (4) NRS 613.310 to 613.4383, inclusive.

      (b) “State money” does not include money which is received by this State from the Federal Government for distribution and use in this State pursuant to federal law or federal regulation.

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CHAPTER 170, SB 181

Senate Bill No. 181–Senator Cruz-Crawford

 

CHAPTER 170

 

[Approved: May 30, 2025]

 

AN ACT relating to special license plates; providing for the issuance of special license plates indicating support for Nevada State University; exempting the special license plates from certain provisions otherwise applicable to special license plates; imposing a fee for the issuance and renewal of such license plates; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the issuance of various special license plates. (NRS 482.3672-482.37947) Section 1 of this bill requires the Department of Motor Vehicles, in cooperation with Nevada State University, to design, prepare and issue special license plates indicating support for Nevada State University. Section 1 requires a person wishing to obtain the special license plates to pay to the Department: (1) a fee for initial issuance of $35 and a fee for renewal of $10; (2) all applicable registration and license fees and governmental services taxes; and (3) an additional fee for initial issuance of $25 and an additional fee for renewal of $20, to be deposited with the State Treasurer who must, on a quarterly basis, distribute the fees evenly to Nevada State University to support athletics programs and the Nevada State University Foundation to operate a program to provide certain necessary items to students, faculty and staff of the University. Section 1 authorizes a person wishing to obtain the special license plates to request that the plates be combined with personalized prestige plates if the person pays the additional fees for the personalized prestige plates. Section 2 of this bill makes a conforming change to apply provisions relating to the issuance and renewal of a special license plate for certain trailers to include the Nevada State University special license plate. Section 5 of this bill prohibits the Department from issuing the Nevada State University special license plate for a full trailer or semitrailer.

      Under existing law, certain special license plates: (1) must be approved by the Department; (2) are subject to a limitation on the number of separate designs of special license plates which the Department may issue at any one time; and (3) may not be designed, prepared or issued by the Department unless a certain number of applications for the plates are received. (NRS 482.367002, 482.367008, 482.36705) Sections 6-8 of this bill exempt from such requirements the special license plates indicating support for Nevada State University.

      Section 9 of this bill excludes the Nevada State University special license plates from the definition of “special license plate” for purposes of existing provisions governing investigations relating to finances of charitable organizations that receive additional fees from special license plates. (NRS 482.38272-482.38279)

      Section 3 of this bill prohibits a new vehicle dealer who is authorized to issue certificates of registration from accepting an application for the registration of a motor vehicle if the applicant wishes to obtain the Nevada State University special license plates.

      Section 4 of this bill authorizes the Director of the Department to order the preparation of sample license plates that are of the same design and size as the Nevada State University special license plates.

      Section 10 of this bill makes a conforming change to authorize the holder of the original registration of any vehicle to transfer the registration and use of the Nevada State University special license plates to another vehicle under certain circumstances.

      Section 11 of this bill establishes a fee of $10 for the replacement of a Nevada State University special license plate.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 482 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department, in cooperation with Nevada State University, shall design, prepare and issue license plates that indicate support for Nevada State University using any colors and designs which the Department deems appropriate.

      2.  The Department shall issue license plates that indicate support for Nevada State University for a passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with license plates that indicate support for Nevada State University if that person pays the fees for the personalized prestige license plates in addition to the fees for the license plates that indicate support for Nevada State University pursuant to subsections 3 and 4.

      3.  The fee for the license plates that indicate support for Nevada State University is $35, in addition to all other applicable registration and license fees and governmental services taxes. The license plates are renewable upon the payment of $10.

      4.  In addition to all other applicable registration and license fees, governmental services taxes and the fee prescribed pursuant to subsection 3, a person who requests a set of license plates that indicate support for Nevada State University must pay a fee of $25 for the issuance of the plates and a fee of $20 for each renewal of the plates, to be deposited in accordance with subsection 5.

      5.  The Department shall deposit the fees collected pursuant to subsection 4 with the State Treasurer for credit to the State General Fund. The State Treasurer shall, on a quarterly basis, distribute equally the fees deposited pursuant to this subsection between:

      (a) Nevada State University to support athletics programs at Nevada State University; and

      (b) The Nevada State University Foundation to operate a program to provide to students, faculty and staff of Nevada State University necessary items, including, without limitation:

             (1) Perishable and nonperishable food items;

             (2) School supplies;

             (3) Clothing; and

             (4) Personal hygiene products.

      6.  The provisions of NRS 482.36705 do not apply to license plates described in this section.

      7.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

 


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      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      8.  The Department may accept any gifts, grants and donations or other sources of money for the production and issuance of the special license plates pursuant to this section. All money received pursuant to this subsection must be deposited in the Revolving Account for the Issuance of Special License Plates created by NRS 482.1805.

      Sec. 2. NRS 482.2065 is hereby amended to read as follows:

      482.2065  1.  A trailer may be registered for a 3-year period as provided in this section.

      2.  A person who registers a trailer for a 3-year period must pay upon registration all fees and taxes that would be due during the 3-year period if he or she registered the trailer for 1 year and renewed that registration for 2 consecutive years immediately thereafter, including, without limitation:

      (a) Registration fees pursuant to NRS 482.480 and 482.483.

      (b) A fee for each license plate issued pursuant to NRS 482.268.

      (c) Fees for the initial issuance and renewal of a special license plate pursuant to NRS 482.265, if applicable.

      (d) Fees for the initial issuance and renewal of a personalized prestige license plate pursuant to NRS 482.367, if applicable.

      (e) Additional fees for the initial issuance and renewal of a special license plate issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act, which are imposed to generate financial support for a particular cause or charitable organization, if applicable.

      (f) Governmental services taxes imposed pursuant to chapter 371 of NRS, as provided in NRS 482.260.

      (g) The applicable taxes imposed pursuant to chapters 372, 374, 377 and 377A of NRS.

      3.  As used in this section, the term “trailer” does not include a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483.

      Sec. 3. NRS 482.216 is hereby amended to read as follows:

      482.216  1.  Except as otherwise provided in NRS 482.2155, upon the request of a new vehicle dealer, the Department may authorize the new vehicle dealer to:

      (a) Accept applications for the registration of the new motor vehicles he or she sells and the related fees and taxes;

      (b) Issue certificates of registration to applicants who satisfy the requirements of this chapter; and

      (c) Accept applications for the transfer of registration pursuant to NRS 482.399 if the applicant purchased from the new vehicle dealer a new vehicle to which the registration is to be transferred.

      2.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall:

      (a) Transmit the applications received to the Department within the period prescribed by the Department;

      (b) Transmit the fees collected from the applicants and properly account for them within the period prescribed by the Department;

 


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      (c) Comply with the regulations adopted pursuant to subsection 5; and

      (d) Bear any cost of equipment which is necessary to issue certificates of registration, including any computer hardware or software.

      3.  A new vehicle dealer who is authorized to issue certificates of registration pursuant to subsection 1 shall not:

      (a) Charge any additional fee for the performance of those services;

      (b) Receive compensation from the Department for the performance of those services;

      (c) Accept applications for the renewal of registration of a motor vehicle; or

      (d) Accept an application for the registration of a motor vehicle if the applicant wishes to:

             (1) Obtain special license plates pursuant to NRS 482.3667 to 482.3823, inclusive [;] , and section 1 of this act; or

             (2) Claim the exemption from the governmental services tax provided pursuant to NRS 361.1565 to veterans and their relations.

      4.  The provisions of this section do not apply to the registration of a moped pursuant to NRS 482.2155.

      5.  The Director shall adopt such regulations as are necessary to carry out the provisions of this section. The regulations adopted pursuant to this subsection must provide for:

      (a) The expedient and secure issuance of license plates and decals by the Department; and

      (b) The withdrawal of the authority granted to a new vehicle dealer pursuant to subsection 1 if that dealer fails to comply with the regulations adopted by the Department.

      Sec. 4. NRS 482.2703 is hereby amended to read as follows:

      482.2703  1.  The Director may order the preparation of sample license plates which must be of the same design and size as regular license plates or license plates issued pursuant to NRS 482.384. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and an identical designation which consists of the same group of three numerals followed by the same group of three letters; and

      (b) The designation of numerals and letters assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      2.  The Director may order the preparation of sample license plates which must be of the same design and size as any of the special license plates issued pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act. The Director shall ensure that:

      (a) Each license plate issued pursuant to this subsection, regardless of its design, is inscribed with the word SAMPLE and the number zero in the location where any other numerals would normally be displayed on a license plate of that design; and

      (b) The number assigned pursuant to paragraph (a) is not assigned to a vehicle registered pursuant to this chapter or chapter 706 of NRS.

      3.  The Director may establish a fee for the issuance of sample license plates of not more than $15 for each license plate.

      4.  A decal issued pursuant to NRS 482.271 may be displayed on a sample license plate issued pursuant to this section.

 


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      5.  All money collected from the issuance of sample license plates must be deposited in the State Treasury for credit to the Motor Vehicle Fund.

      6.  A person shall not affix a sample license plate issued pursuant to this section to a vehicle. A person who violates the provisions of this subsection is guilty of a misdemeanor.

      Sec. 5. NRS 482.274 is hereby amended to read as follows:

      482.274  1.  The Director shall order the preparation of vehicle license plates for trailers in the same manner provided for motor vehicles in NRS 482.270, except that a vehicle license plate prepared for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 is not required to have displayed upon it the month and year the registration expires.

      2.  The Director shall order preparation of two sizes of vehicle license plates for trailers. The smaller plates may be used for trailers with a gross vehicle weight of less than 1,000 pounds.

      3.  The Director shall determine the registration numbers assigned to trailers.

      4.  Any license plates issued for a trailer before July 1, 1975, bearing a different designation from that provided for in this section, are valid during the period for which such plates were issued.

      5.  The Department shall not issue for a full trailer or semitrailer that is registered pursuant to subsection 3 of NRS 482.483 a special license plate available pursuant to NRS 482.3667 to 482.3823, inclusive [.] , and section 1 of this act.

      Sec. 6. NRS 482.367002 is hereby amended to read as follows:

      482.367002  1.  A person may request that the Department design, prepare and issue a special license plate by submitting an application to the Department. A person may submit an application for a special license plate that is intended to generate financial support for an organization only if:

      (a) For an organization which is not a governmental entity, the organization is established as a nonprofit charitable organization which provides services to the community relating to public health, education or general welfare;

      (b) For an organization which is a governmental entity, the organization only uses the financial support generated by the special license plate for charitable purposes relating to public health, education or general welfare;

      (c) The organization is registered with the Secretary of State, if registration is required by law, and has filed any documents required to remain registered with the Secretary of State;

      (d) The name and purpose of the organization do not promote, advertise or endorse any specific product, brand name or service that is offered for profit;

      (e) The organization is nondiscriminatory; and

      (f) The license plate will not promote a specific religion, faith or antireligious belief.

      2.  An application submitted to the Department pursuant to subsection 1:

      (a) Must be on a form prescribed and furnished by the Department;

      (b) Must specify whether the special license plate being requested is intended to generate financial support for a particular cause or charitable organization and, if so:

 


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             (1) The name of the cause or charitable organization; and

             (2) Whether the financial support intended to be generated for the particular cause or charitable organization will be for:

                   (I) General use by the particular cause or charitable organization; or

                   (II) Use by the particular cause or charitable organization in a more limited or specific manner;

      (c) Must include the name and signature of a person who represents:

             (1) The organization which is requesting that the Department design, prepare and issue the special license plate; and

             (2) If different from the organization described in subparagraph (1), the cause or charitable organization for which the special license plate being requested is intended to generate financial support;

      (d) Must include proof that the organization satisfies the requirements set forth in subsection 1;

      (e) Must be accompanied by a surety bond posted with the Department in the amount of $5,000, except that if the special license plate being requested is one of the type described in subsection 3 of NRS 482.367008, the application must be accompanied by a surety bond posted with the Department in the amount of $20,000;

      (f) Must, if the organization is a charitable organization, not including a governmental entity whose budget is included in the executive budget, include a budget prepared by or for the charitable organization which includes, without limitation, the proposed operating and administrative expenses of the charitable organization; and

      (g) Must be accompanied by suggestions for the design of and colors to be used in the special license plate. The suggestion must be made in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any.

      3.  If an application for a special license plate has been submitted pursuant to this section but the Department has not yet designed, prepared or issued the plate, the applicant shall amend the application with updated information when any of the following events take place:

      (a) The name of the organization that submitted the application has changed since the initial application was submitted.

      (b) The cause or charitable organization for which the special license plate being requested is intended to generate financial support has a different name than that set forth on the initial application.

      (c) The cause or charitable organization for which the special license plate being requested is intended to generate financial support is different from that set forth on the initial application.

      (d) A charitable organization which submitted a budget pursuant to paragraph (f) of subsection 2 prepares or has prepared a new or subsequent budget.

Κ The updated information described in this subsection must be submitted to the Department within 90 days after the relevant change takes place, unless the applicant has received notice that the special license plate is on an agenda to be heard at a public meeting of the Department held pursuant to subsection 4, in which case the updated information must be submitted to the Department within 48 hours after the applicant receives such notice. The updating of information pursuant to this subsection does not alter, change or otherwise affect the issuance of special license plates by the Department in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.

 


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in accordance with the chronological order of their authorization or approval, as described in subsection 2 of NRS 482.367008.

      4.  The Department shall hold a public meeting before determining whether to approve or disapprove:

      (a) An application for the design, preparation and issuance of a special license plate that is submitted to the Department pursuant to subsection 1; and

      (b) Except as otherwise provided in subsection 6, an application for the design, preparation and issuance of a special license plate that has been authorized by an act of the Legislature after January 1, 2007.

Κ In determining whether to approve such an application, the Department shall consider, without limitation, whether it would be appropriate and feasible for the Department to design, prepare and issue the particular special license plate. The Department shall consider each application in the chronological order in which the application was received by the Department.

      5.  Before holding a public meeting pursuant to subsection 4, the Department shall:

      (a) At least 30 days before the public meeting is held, notify:

             (1) The person who requested the special license plate pursuant to subsection 1; and

             (2) The charitable organization for which the special license plate is intended to generate financial support, if any; and

      (b) Post a notice of the public meeting that complies with chapter 241 of NRS.

      6.  The provisions of paragraph (b) of subsection 4 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.37907, 482.3791, 482.3794 or 482.3817 [.] or section 1 of this act.

      7.  The Department may design and prepare a special license plate requested pursuant to subsection 1 if the Department:

      (a) Determines that the application for that plate complies with subsection 2; and

      (b) Approves the application for that plate after holding the public meeting required pursuant to subsection 4.

      8.  Except as otherwise provided in NRS 482.367008, the Department may issue a special license plate that:

      (a) The Department has designed and prepared pursuant to subsection 7; and

      (b) Complies with the requirements of NRS 482.367003,

Κ for any motorcycle, passenger car or light commercial vehicle upon application by a person who is entitled to license plates pursuant to NRS 482.265 and who otherwise complies with the requirements for registration and licensing pursuant to this chapter. A person may request that personalized prestige license plates issued pursuant to NRS 482.3667 be combined with a special license plate issued pursuant to this section if that person pays the fees for personalized prestige license plates in addition to the fees for the special license plate.

      9.  Upon making a determination to issue a special license plate pursuant to subsection 8, the Department shall notify:

 


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      (a) The person who requested the special license plate pursuant to subsection 1; and

      (b) The charitable organization for which the special license plate is intended to generate financial support, if any.

      10.  After making a determination to issue a special license plate pursuant to this section, if the Department determines not to use the design or colors suggested pursuant to paragraph (g) of subsection 2, the Department shall notify the person who requested the special license plate pursuant to subsection 1. The notice must include, without limitation, the reasons the Department did not use the design or colors suggested pursuant to paragraph (g) of subsection 2.

      11.  Within 180 days after receiving the notice pursuant to subsection 10, the person who requested the special license plate pursuant to subsection 1 shall, in consultation with the charitable organization for which the special license plate is intended to generate financial support, if any, submit a revised suggestion for the design of and colors to be used in the special license plate. If the person does not submit a revised suggestion within 180 days after receiving the notice pursuant to subsection 10, the Department must:

      (a) Not issue the special license plate; and

      (b) Notify:

             (1) The person who requested the special license plate pursuant to subsection 1; and

             (2) The charitable organization for which the special license plate is intended to generate financial support, if any.

      12.  After receiving the suggested design of and colors to be used in the special license plate pursuant to paragraph (g) of subsection 2 or subsection 11 and upon determining the design of and the colors to be used in the special license plate, the Department shall submit the design of and the colors to be used in the special license plate to the person who requested the special license plate pursuant to subsection 1 and to the charitable organization for which the special license plate is intended to generate financial support, if any. The person and the charitable organization, if any, shall respond to the Department within 30 days after receiving the design of and the colors to be used in the special license plate and shall:

      (a) Approve the design of and the colors to be used in the special license plate; or

      (b) Submit suggestions to revise the design of or colors to be used in the special license plate.

Κ If the person who requested the special license plate pursuant to subsection 1 and the charitable organization for which the special license plate is intended to generate financial support, if any, fail to respond within 30 days after receiving the design of and the colors to be used in the special license plate, the person and charitable organization shall be deemed to approve the design of and the colors to be used in the special license plate. The Department may adopt regulations to carry out this subsection.

      13.  The Department must promptly release the surety bond posted pursuant to subsection 2:

      (a) If the Department determines not to issue the special license plate;

      (b) If the Department distributes the additional fees collected on behalf of a charitable organization to another charitable organization pursuant to subparagraph (2) of paragraph (c) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization; or

 


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subparagraph (2) of paragraph (c) of subsection 5 of NRS 482.38279 and the surety bond has not been released to the initial charitable organization; or

      (c) If it is determined that at least 1,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008, except that if the special license plate is one of the type described in subsection 3 of NRS 482.367008, the Department must promptly release the surety bond posted pursuant to subsection 2 if it is determined that at least 3,000 special license plates have been issued pursuant to the assessment of the viability of the design of the special license plate conducted pursuant to NRS 482.367008.

      14.  If, during a registration period, the holder of license plates issued pursuant to the provisions of this section disposes of the vehicle to which the plates are affixed, the holder shall:

      (a) Retain the plates and affix them to another vehicle that meets the requirements of this section if the holder pays the fee for the transfer of the registration and any registration fee or governmental services tax due pursuant to NRS 482.399; or

      (b) Within 30 days after removing the plates from the vehicle, return them to the Department.

      15.  On or before September 1 of each fiscal year, the Department shall compile a list of each special license plate the Department, during the immediately preceding fiscal year, designed and prepared pursuant to subsection 7 or issued pursuant to subsection 8. The list must set forth, for each such plate, the cause or charitable organization for which the special license plate generates or would generate financial support, and the intended use to which the financial support is being put or would be put. The Department shall make that information available on its Internet website.

      16.  On or before January 31 of each year, the Department shall:

      (a) Compile a report that contains information detailing:

             (1) The requests submitted pursuant to subsection 1;

             (2) The list compiled pursuant to subsection 15 for the immediately preceding fiscal year;

             (3) Any special license plates that the Department will no longer issue pursuant to NRS 482.367008;

             (4) The results of any activities conducted pursuant to NRS 482.38272 to 482.38279, inclusive; and

             (5) Any actions taken by the Department pursuant to subsections 4 and 5 of NRS 482.38279; and

      (b) Submit the report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature, if the Legislature is in session, or to the Legislative Commission, if the Legislature is not in session.

      Sec. 7. NRS 482.367008 is hereby amended to read as follows:

      482.367008  1.  As used in this section, “special license plate” means:

      (a) A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application described in that section;

      (b) A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

 


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      (c) Except for a license plate that is issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.37907, 482.3791, 482.3794, 482.37941 or 482.3817, or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      2.  Notwithstanding any other provision of law to the contrary, and except as otherwise provided in subsection 3, the Department shall not, at any one time, issue more than 30 separate designs of special license plates. Whenever the total number of separate designs of special license plates issued by the Department at any one time is less than 30, the Department shall issue a number of additional designs of special license plates that have been authorized by an act of the Legislature or the application for which has been approved by the Department pursuant to NRS 482.367002, not to exceed a total of 30 designs issued by the Department at any one time. Such additional designs must be issued by the Department in accordance with the chronological order of their authorization or approval by the Department.

      3.  In addition to the special license plates described in subsection 2, the Department may issue not more than five separate designs of special license plates in excess of the limit set forth in that subsection. To qualify for issuance pursuant to this subsection:

      (a) The Department must approve the design, preparation and issuance of the special plates as described in NRS 482.367002; and

      (b) The special license plates must have been applied for, designed, prepared and issued pursuant to NRS 482.367002, except that:

             (1) The application for the special license plates must be accompanied by a surety bond posted with the Department in the amount of $20,000; and

             (2) Pursuant to the assessment of the viability of the design of the special license plates that is conducted pursuant to this section, it is determined that at least 3,000 special license plates have been issued.

      4.  Except as otherwise provided in this subsection, on October 1 of each year the Department shall assess the viability of each separate design of special license plate that the Department is currently issuing by determining the total number of validly registered motor vehicles to which that design of special license plate is affixed. The Department shall not determine the total number of validly registered motor vehicles to which a particular design of special license plate is affixed if:

      (a) The particular design of special license plate was designed and prepared by the Department pursuant to NRS 482.367002; and

      (b) On October 1, that particular design of special license plate has been available to be issued for less than 12 months.

      5.  If, on October 1, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Κ the Director shall provide notice of that fact in the manner described in subsection 6.

      6.  The notice required pursuant to subsection 5 must be provided:

      (a) If the special license plate generates financial support for a cause or charitable organization, to that cause or charitable organization.

 


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      (b) If the special license plate does not generate financial support for a cause or charitable organization, to an entity which is involved in promoting the activity, place or other matter that is depicted on the plate.

      7.  If, on December 31 of the same year in which notice was provided pursuant to subsections 5 and 6, the total number of validly registered motor vehicles to which a particular design of special license plate is affixed is:

      (a) In the case of special license plates not described in subsection 3, less than 1,000; or

      (b) In the case of special license plates described in subsection 3, less than 3,000,

Κ the Director shall, notwithstanding any other provision of law to the contrary, issue an order providing that the Department will no longer issue that particular design of special license plate. Such an order does not require existing holders of that particular design of special license plate to surrender their plates to the Department and does not prohibit those holders from renewing those plates.

      Sec. 8. NRS 482.36705 is hereby amended to read as follows:

      482.36705  1.  Except as otherwise provided in subsection 2:

      (a) If a new special license plate is authorized by an act of the Legislature after January 1, 2003, other than a special license plate that is authorized pursuant to NRS 482.379375, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department receives at least 1,000 applications for the issuance of that plate within 2 years after the effective date of the act of the Legislature that authorized the plate.

      (b) In addition to the requirements set forth in paragraph (a), if a new special license plate is authorized by an act of the Legislature after July 1, 2005, the Legislature will direct that the license plate not be issued by the Department unless its issuance complies with subsection 2 of NRS 482.367008.

      (c) In addition to the requirements set forth in paragraphs (a) and (b), if a new special license plate is authorized by an act of the Legislature after January 1, 2007, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the Department approves the application for the authorized plate pursuant to NRS 482.367002.

      (d) In addition to the requirements set forth in paragraphs (a), (b) and (c), if a new special license plate is authorized by an act of the Legislature after July 1, 2021, the Legislature will direct that the license plate not be designed, prepared or issued by the Department unless the organization meeting the requirements described in subsection 1 of NRS 482.367002 submits suggestions for the design of and colors to be used in the special license plate within 180 days after the authorization of the special license plate. The provisions of subsections 10, 11 and 12 of NRS 482.367002 apply to suggestions submitted pursuant to this paragraph.

      2.  The provisions of subsection 1 do not apply with regard to special license plates that are issued pursuant to NRS 482.3746, 482.3751, 482.3752, 482.3757, 482.3783, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.37907, 482.3791, 482.3794, 482.37941 or 482.3817 [.] or section 1 of this act.

 


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      Sec. 9. NRS 482.38276 is hereby amended to read as follows:

      482.38276  “Special license plate” means:

      1.  A license plate that the Department has designed and prepared pursuant to NRS 482.367002 in accordance with the system of application and petition described in that section;

      2.  A license plate approved by the Legislature that the Department has designed and prepared pursuant to NRS 482.3747, 482.37903, 482.37904, 482.37905, 482.37907, 482.37917, 482.379175, 482.37918, 482.37919, 482.3792, 482.3793, 482.37933, 482.37934, 482.37935, 482.379355, 482.379365, 482.37937, 482.379375, 482.37938, 482.37939, 482.37945 or 482.37947; and

      3.  Except for a license plate that is issued pursuant to NRS 482.3746, 482.3757, 482.3785, 482.3787, 482.37901, 482.37902, 482.37906, 482.3791, 482.3794 or 482.37941, or section 1 of this act, a license plate that is approved by the Legislature after July 1, 2005.

      Sec. 10. NRS 482.399 is hereby amended to read as follows:

      482.399  1.  Upon the transfer of the ownership of or interest in any vehicle by any holder of a valid registration, or upon destruction of the vehicle, the registration expires.

      2.  Except as otherwise provided in NRS 482.2155 and subsection 3 of NRS 482.483, the holder of the original registration may transfer the registration to another vehicle to be registered by the holder and use the same regular license plate or plates or special license plate or plates issued pursuant to NRS 482.3667 to 482.3823, inclusive, and section 1 of this act or 482.384, on the vehicle from which the registration is being transferred, if the license plate or plates are appropriate for the second vehicle, upon filing an application for transfer of registration and upon paying the transfer registration fee and the excess, if any, of the registration fee and governmental services tax on the vehicle to which the registration is transferred over the total registration fee and governmental services tax paid on all vehicles from which he or she is transferring ownership or interest. Except as otherwise provided in NRS 482.294, an application for transfer of registration must be made in person, if practicable, to any office or agent of the Department or to a registered dealer, and the license plate or plates may not be used upon a second vehicle until registration of that vehicle is complete.

      3.  In computing the governmental services tax, the Department, its agent or the registered dealer shall credit the portion of the tax paid on the first vehicle attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the second vehicle or on any other vehicle of which the person is the registered owner. If any person transfers ownership or interest in two or more vehicles, the Department or the registered dealer shall credit the portion of the tax paid on all of the vehicles attributable to the remainder of the current registration period or calendar year on a pro rata monthly basis against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner. The certificates of registration and unused license plates of the vehicles from which a person transfers ownership or interest must be submitted before credit is given against the tax due on the vehicle to which the registration is transferred or on any other vehicle of which the person is the registered owner.

 


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      4.  In computing the registration fee, the Department or its agent or the registered dealer shall credit the portion of the registration fee paid on each vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis against the registration fee due on the vehicle to which registration is transferred.

      5.  If the amount owed on the registration fee or governmental services tax on the vehicle to which registration is transferred is less than the credit on the total registration fee or governmental services tax paid on all vehicles from which a person transfers ownership or interest, the person may apply the unused portion of the credit to the registration of any other vehicle owned by the person. Any unused portion of such a credit expires on the date the registration of the vehicle from which the person transferred the registration was due to expire.

      6.  If the license plate or plates are not appropriate for the second vehicle, the plate or plates must be surrendered to the Department or registered dealer and an appropriate plate or plates must be issued by the Department. The Department shall not reissue the surrendered plate or plates until the next succeeding licensing period.

      7.  If application for transfer of registration is not made within 60 days after the destruction or transfer of ownership of or interest in any vehicle, the license plate or plates must be surrendered to the Department on or before the 60th day for cancellation of the registration.

      8.  Except as otherwise provided in subsection 2 of NRS 371.040, NRS 482.2155, subsections 8 and 9 of NRS 482.260 and subsection 3 of NRS 482.483, if a person cancels his or her registration and surrenders to the Department the license plates for a vehicle, the Department shall:

      (a) In accordance with the provisions of subsection 9, issue to the person a refund of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis; or

      (b) If the person does not qualify for a refund in accordance with the provisions of subsection 9, issue to the person a credit in the amount of the portion of the registration fee and governmental services tax paid on the vehicle attributable to the remainder of the current calendar year or registration period on a pro rata basis. Such a credit may be applied by the person to the registration of any other vehicle owned by the person. Any unused portion of the credit expires on the date the registration of the vehicle from which the person obtained a refund was due to expire.

      9.  The Department shall issue a refund pursuant to subsection 8 only if the request for a refund is made at the time the registration is cancelled and the license plates are surrendered, the person requesting the refund is a resident of Nevada, the amount eligible for refund exceeds $100, and evidence satisfactory to the Department is submitted that reasonably proves the existence of extenuating circumstances. For the purposes of this subsection, the term “extenuating circumstances” means circumstances wherein:

      (a) The person has recently relinquished his or her driver’s license and has sold or otherwise disposed of his or her vehicle.

      (b) The vehicle has been determined to be inoperable and the person does not transfer the registration to a different vehicle.

 


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      (c) The owner of the vehicle is seriously ill or has died and the guardians or survivors have sold or otherwise disposed of the vehicle.

      (d) Any other event occurs which the Department, by regulation, has defined to constitute an “extenuating circumstance” for the purposes of this subsection.

      Sec. 11. NRS 482.500 is hereby amended to read as follows:

      482.500  1.  Except as otherwise provided in subsection 2 or 3 or specifically provided by statute, whenever upon application any duplicate or substitute certificate of registration, indicator, decal or number plate is issued, the following fees must be paid:

 

For a certificate of registration............................................................ $5.00

For every substitute number plate or set of plates............................. 5.00

For every duplicate number plate or set of plates............................ 10.00

For every decal displaying a county name........................................   .50

For every other indicator, decal, license plate sticker or tab............ 5.00

 

      2.  The following fees must be paid for any replacement number plate or set of plates issued for the following special license plates:

      (a) For any special plate issued pursuant to NRS 482.3667, 482.367002, 482.3672, 482.370 to 482.3755, inclusive, and section 1 of this act, 482.376 or 482.379 to 482.3818, inclusive, a fee of $10.

      (b) For any special plate issued pursuant to NRS 482.368, 482.3765, 482.377 or 482.378, a fee of $5.

      (c) Except as otherwise provided in paragraph (a) of subsection 1 of NRS 482.3824, for any souvenir license plate issued pursuant to NRS 482.3825 or sample license plate issued pursuant to NRS 482.2703, a fee equal to that established by the Director for the issuance of those plates.

      3.  A fee must not be charged for a duplicate or substitute of a decal issued pursuant to NRS 482.37635.

      4.  The fees which are paid for replacement number plates, duplicate number plates and decals displaying county names must be deposited with the State Treasurer for credit to the Motor Vehicle Fund and allocated to the Department to defray the costs of replacing or duplicating the plates and manufacturing the decals.

      Secs. 12 and 13. (Deleted by amendment.)

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

________

 


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κ2025 Statutes of Nevada, Page 1063κ

 

CHAPTER 171, SB 183

Senate Bill No. 183–Senator Scheible

 

CHAPTER 171

 

[Approved: May 30, 2025]

 

AN ACT relating to child welfare; limiting the number of children that may be assigned to certain caseworkers of an agency which provides child welfare services with certain exceptions; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an agency which provides child welfare services to provide maintenance and special services to: (1) unmarried mothers and children awaiting adoptive placement; and (2) children who are placed in the custody of the agency, foster homes, homes of relatives other than parents or other facilities or institutions. (NRS 432.020) This bill prohibits an agency which provides child welfare services from assigning more than 30 children who are in the custody of the agency to a caseworker who provides permanency services, except: (1) to allow siblings to be assigned to the same caseworker; and (2) pursuant to a policy adopted by the agency which provides child welfare services that authorizes such assignment temporarily in emergency circumstances.

 

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 432.020 is hereby amended to read as follows:

      432.020  1.  An agency which provides child welfare services shall:

      [1.](a) Provide, to the extent that support is not otherwise required by court order or pursuant to specific statute, maintenance and special services to:

      [(a)](1) Unmarried mothers and children awaiting adoptive placement.

      [(b)](2) Children who are placed in the custody of the agency which provides child welfare services, and who are placed in foster homes, homes of relatives other than parents or other facilities or institutions. Except as otherwise provided by specific statute, if any child is to be placed in the custody of the agency which provides child welfare services, pursuant to any order of a court or request made by a person or agency other than the agency which provides child welfare services, this order or request may be issued or made only after an opportunity for a hearing has been given to the agency which provides child welfare services after 3 days’ notice, or upon request of the agency which provides child welfare services.

      [2.](b) Except as otherwise provided by court order or specific statute, return a child to his or her natural home or the home of a competent relative for a probationary period any time after the expiration of 60 days after the placement of the child in the custody of the agency which provides child welfare services, with notification to but without formal application to a court, but the agency which provides child welfare services retains the right to custody of the child during the probationary period, until a court of competent jurisdiction determines proper custody of the child.

 


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      2.  Except as otherwise provided in this section, an agency which provides child welfare services shall not assign more than 30 children who are in the custody of the agency which provides child welfare services to a caseworker who provides permanency services.

      3.  An agency which provides child welfare services may assign more than 30 children who are in the custody of the agency which provides child welfare services to a caseworker who provides permanency services:

      (a) To allow siblings who are in the custody of the same agency to be assigned to the same caseworker; or

      (b) In accordance with a policy adopted by the agency that authorizes the assignment of more than 30 children who are in the custody of the agency to a caseworker for not longer than 30 days in emergency circumstances.

      4.  The provisions of subsection 2 must not be construed to apply to the assignment to a caseworker of a child who is not in the custody of the agency which provides child welfare services, including, without limitation, a child who is the subject of an investigation by an agency which provides child welfare services to determine whether the child is or may be in need of protection.

      5.  As used in this section, “permanency services” means efforts made to ensure the safety and well-being of a child who is in the custody of the agency which provides child welfare services. The term includes, without limitation:

      (a) Assessing and responding to the medical, mental health, developmental and educational needs of the child;

      (b) Conducting an assessment of family functioning and the safety of the child within the family; and

      (c) Establishing and working toward achieving a permanent placement for the child.

      Sec. 2.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 3.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 and 2 of this act become effective:

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

      (b) On July 1, 2026, for all other purposes.

________

 


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κ2025 Statutes of Nevada, Page 1065κ

 

CHAPTER 172, SB 188

Senate Bill No. 188–Senator Doρate

 

CHAPTER 172

 

[Approved: May 30, 2025]

 

AN ACT relating to health care; requiring certain health facilities and providers of health care to take reasonable steps to provide a person with limited English proficiency with language assistance under certain circumstances; prescribing requirements governing the use of interpreters and translators to comply with that requirement; authorizing the discipline of certain health facilities and providers of health care for certain violations; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal regulations require certain health care entities to take reasonable steps to provide meaningful access to persons with limited English proficiency who are eligible to be served or likely to be directly affected by a health program or activity of the entity. (45 C.F.R. § 92.201(a)) The Director of the Office for Civil Rights of the United States Department of Health and Human Services has provided additional guidance by defining meaningful access to mean ensuring that language barriers do not prevent a person from obtaining necessary health services and care. (Melanie Fontes Rainer, Director, Office for Civil Rights U.S. Dep’t. of Health and Human Services (Dec. 5, 2024), Dear Colleague Letter Regarding Language Access Provisions of the Final Rule Implementing Section 1557 of the Affordable Care Act, retrieved from http://www.hhs.gov/sites/default/files/ocr-dcl-section-1557-language-access.pdf) Existing federal regulations prescribe various requirements and procedures governing the use of interpreters and translators to comply with those requirements. (45 C.F.R. § 92.201)

      Sections 5-8 and 16-20 of this bill codify similar provisions into state law, thereby requiring certain health facilities and providers of health care to take reasonable steps to ensure that language barriers do not prevent a person with limited English proficiency from obtaining necessary access to health care. Sections 5, 16 and 20 prescribe certain factors for determining whether an action is necessary for a health facility or provider of health care to be in compliance with that requirement. Sections 5 and 16 require that a service to provide language assistance be available free of charge, be accurate in translation or interpretation, be provided in a timely manner and protect the ability of the person with limited English proficiency to make independent decisions. Sections 5 and 16 require that a qualified translator review a machine-translated document under certain circumstances.

      Sections 5 and 16 require a health facility or provider of health care to use a qualified interpreter or translator to provide interpreting or translating services, and sections 8 and 19 establish the qualifications to serve as an interpreter or translator. Sections 6 and 17 prohibit the use of an unqualified interpreter, except in certain circumstances. Sections 6 and 17 also prohibit a health facility or provider of health care from requiring a person with limited English proficiency to provide his or her own interpreter or pay the cost of an interpreter. Sections 7 and 18 prescribe requirements governing the use of a remote interpreter. Sections 3, 4 and 15 of this bill define certain terms, and section 2 of this bill establishes the applicability of the definitions set forth in sections 3 and 4. Sections 9 and 10 of this bill make conforming changes to establish the applicability of certain provisions. Sections 11-13, 20 and 21 of this bill prescribe various mechanisms for the enforcement of sections 5-8 and 16-19, including the imposition of administrative sanctions against a health facility that fails to comply with those provisions and professional discipline against a provider of health care who fails to comply with those provisions.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 8, inclusive, of this act.

      Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 3 and 4 of this act have the definitions ascribed to them in those sections.

      Sec. 3. “Health facility” means a medical facility, a facility for the dependent that is a provider of services under Medicaid or a facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed.

      Sec. 4. “Person with limited English proficiency” means a person who speaks a language other than English and who cannot readily understand or communicate in the English language.

      Sec. 5. 1.  A health facility shall take reasonable steps to ensure that language barriers do not prevent a person with limited English proficiency from obtaining necessary health care.

      2.  In determining whether a particular action is necessary to comply with subsection 1, a health facility shall, and in determining whether a health facility is in compliance with subsection 1, the Division shall:

      (a) Evaluate, and give substantial weight to, the nature and importance of the services or programs provided by the health facility and the relevant communications to the person with limited English proficiency; and

      (b) Consider any other relevant factors, including, without limitation, the effectiveness of any procedure for providing language access through written documents.

      3.  A service to provide language assistance to ensure compliance with subsection 1 must:

      (a) Be provided free of charge to the person with limited English proficiency;

      (b) Be accurate in translation or interpretation and provided in a timely manner; and

      (c) Protect the privacy and ability of the person with limited English proficiency to make independent decisions.

      4.  Except as otherwise provided in section 6 of this act, if a health facility determines pursuant to subsection 2 that interpretation services or translation services are necessary to ensure compliance with subsection 1, the health facility shall utilize an interpreter or translator who is qualified pursuant to section 8 of this act to provide those services.

      5.  A health facility shall ensure that a translator who is qualified pursuant to section 8 of this act reviews a machine-translated document if the document:

      (a) Relates to the rights of a person with limited English proficiency, the goods or services provided by the health facility or the ability of a person with limited English proficiency to obtain necessary health care;

 


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      (b) Must be accurately translated to ensure compliance with subsection 1 or protect the health and well-being of a person with limited English proficiency; or

      (c) Is complex, nonliteral or technical.

      Sec. 6. 1.  A health facility shall not:

      (a) Require a person with limited English proficiency to provide his or her own interpreter or pay the cost of an interpreter;

      (b) Utilize an adult who is not qualified as an interpreter pursuant to section 8 of this act to interpret or facilitate communication for a person with limited English proficiency except where authorized pursuant to subsection 2 or 3;

      (c) Utilize a child who is less than 18 years of age to interpret or facilitate communication for a person with limited English proficiency except where authorized pursuant to subsection 2; or

      (d) Utilize an employee, a contractor or a volunteer of the health facility who is not an interpreter or a translator qualified pursuant to section 8 of this act to interpret or facilitate communication for a person with limited English proficiency.

      2.  A health facility may utilize an adult who is not qualified as an interpreter pursuant to section 8 of this act or a child who is less than 18 years of age to interpret or facilitate communication for a person with limited English proficiency on a temporary, emergency basis if:

      (a) There is an imminent threat to the safety or welfare of any person or the public;

      (b) An interpreter who is qualified pursuant to section 8 of this act is not immediately available;

      (c) The health facility is attempting to find an interpreter who is qualified pursuant to section 8 of this act; and

      (d) An interpreter who is qualified pursuant to section 8 of this act later confirms or supplements the initial communications with the interpreter utilized pursuant to this section.

      3.  A health facility may utilize an adult who is not qualified as an interpreter pursuant to section 8 of this act to interpret or facilitate communication for a person with limited English proficiency if the person with limited English proficiency requests for the adult to interpret or facilitate communication for him or her. Such a request must be:

      (a) Made without the adult present to an interpreter who is qualified pursuant to section 8 of this act;

      (b) Agreed to by the adult;

      (c) Documented in the record of the person with limited English proficiency; and

      (d) Deemed appropriate under the circumstances by the person providing the program or service on behalf of the health facility.

      Sec. 7. 1.  A health facility may use a remote interpreter to provide interpreting services necessary to comply with section 5 of this act if the health facility utilizes audio-visual communication technology or audio communication technology that includes, without limitation, synchronous interaction with audio and, if applicable, video over a high-speed, wide-bandwidth connection or wireless connection that, to the extent possible:

 


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      (a) Does not produce a lag or irregular pauses in communication or, if applicable, images;

      (b) Provides transmission of voice that is clear and audible; and

      (c) If applicable, produces a high-quality video image that is not blurry or grainy and is large enough to display the face of the interpreter and person with limited English proficiency, regardless of body position.

      2.  A health facility shall provide training to an employee, a contractor or a volunteer who is involved in using audio-visual communication technology or audio communication technology to facilitate the use of a remote interpreter. Such training must be adequate to ensure that the employee, contractor or volunteer operates the technology efficiently and effectively.

      Sec. 8. An interpreter or translator is qualified to provide interpretation or translation services pursuant to sections 2 to 8, inclusive, of this act if the interpreter or translator:

      1.  Has demonstrated proficiency in and understanding of spoken or written, as applicable:

      (a) English and at least one other language; or

      (b) At least two languages that are not English if he or she is a relay interpreter or translator; and

      2.  Has demonstrated proficiency in interpreting or translating, as applicable, effectively, accurately and impartially, including, without limitation, using specialized vocabulary or terms without change, omission or addition.

      Sec. 9. NRS 449.029 is hereby amended to read as follows:

      449.029  As used in NRS 449.029 to 449.240, inclusive, and sections 2 to 8, inclusive, of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.

      Sec. 10. NRS 449.0301 is hereby amended to read as follows:

      449.0301  The provisions of NRS 449.029 to 449.2428, inclusive, and sections 2 to 8, inclusive, of this act do not apply to:

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

      2.  Foster homes as defined in NRS 424.014.

      3.  Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.

      Sec. 11. 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, and sections 2 to 8, inclusive, of this act upon any of the following grounds:

 


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      (a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410, 449.029 to 449.245, inclusive, and sections 2 to 8, inclusive, of this act, 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 sections 2 to 8, inclusive, of this act 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.

      (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.

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

 


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      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. 12. 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 or 449.029 to 449.2428, inclusive, and sections 2 to 8, inclusive, of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:

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

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

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

      (d) 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

      (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.

 


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      4.  The Division may require any facility that violates any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 2 to 8, inclusive, of this act or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.

      5.  Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 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, and sections 2 to 8, inclusive, of this act, 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. 13. NRS 449.240 is hereby amended to read as follows:

      449.240  The district attorney of the county in which the facility is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449.029 to 449.245, inclusive [.] , and sections 2 to 8, inclusive, of this act.

      Sec. 14. Chapter 629 of NRS is hereby amended by adding thereto the provisions set forth as sections 15 to 20, inclusive, of this act.

      Sec. 15. As used in sections 15 to 20, inclusive, of this act, unless the context otherwise requires, “person with limited English proficiency” has the meaning ascribed to it in section 4 of this act.

      Sec. 16. 1.  A provider of health care shall take reasonable steps to ensure that language barriers do not prevent a person with limited English proficiency from obtaining necessary health care.

      2.  In determining whether a particular action is necessary to comply with subsection 1, a provider of health care shall:

      (a) Evaluate, and give substantial weight to, the nature and importance of the services or programs provided by the provider of health care and the relevant communications to the person with limited English proficiency; and

      (b) Consider any other relevant factors, including, without limitation, the effectiveness of any procedure for providing language access through written documents.

      3.  A service to provide language assistance to ensure compliance with subsection 1 must:

      (a) Be provided free of charge to the person with limited English proficiency;

      (b) Be accurate in translation or interpretation and provided in a timely manner; and

      (c) Protect the privacy and ability of the person with limited English proficiency to make independent decisions.

      4.  Except as otherwise provided in section 17 of this act, if a provider of health care determines pursuant to subsection 2 that interpretation services or translation services are necessary to ensure compliance with subsection 1, the provider of health care shall use an interpreter or translator who is qualified pursuant to section 19 of this act.

 


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      5.  A provider of health care shall ensure that a machine-translated document is reviewed by a translator who is qualified pursuant to section 19 of this act if the document:

      (a) Relates to the rights of a person with limited English proficiency, the goods or services provided by the provider of health care or the ability of a person with limited English proficiency to obtain necessary health care;

      (b) Must be accurately translated to ensure compliance with subsection 1 or protect the health and well-being of a person with limited English proficiency; or

      (c) Is complex, nonliteral or technical.

      Sec. 17. 1.  A provider of health care shall not:

      (a) Require a person with limited English proficiency to provide his or her own interpreter or pay the cost of an interpreter;

      (b) Utilize an adult who is not qualified as an interpreter pursuant to section 19 of this act to interpret or facilitate communication for a person with limited English proficiency except where authorized pursuant to subsection 2 or 3;

      (c) Utilize a child who is less than 18 years of age to interpret or facilitate communication for a person with limited English proficiency except where authorized pursuant to subsection 2; or

      (d) Utilize a person under the supervision of the provider of health care who is not an interpreter or a translator qualified pursuant to section 19 of this act to interpret or facilitate communication for a person with limited English proficiency.

      2.  A provider of health care may utilize an adult who is not qualified as an interpreter pursuant to section 19 of this act or a child who is less than 18 years of age to interpret or facilitate communication for a person with limited English proficiency on a temporary, emergency basis if:

      (a) There is an imminent threat to the safety or welfare of any person or the public;

      (b) An interpreter who is qualified pursuant to section 19 of this act is not immediately available;

      (c) The provider of health care is attempting to find an interpreter who is qualified pursuant to section 19 of this act; and

      (d) An interpreter who is qualified pursuant to section 19 of this act later confirms or supplements the initial communications with the interpreter utilized pursuant to this section.

      3.  A provider of health care may utilize an adult who is not qualified as an interpreter pursuant to section 19 of this act to interpret or facilitate communication for a person with limited English proficiency if the person with limited English proficiency requests for the adult to interpret or facilitate communication for him or her. Such a request must be:

      (a) Made without the adult present to an interpreter who is qualified pursuant to section 19 of this act;

      (b) Agreed to by the adult;

      (c) Documented in the record of the person with limited English proficiency; and

 


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      (d) Deemed appropriate under the circumstances by the provider of health care.

      Sec. 18. 1.  A provider of health care may use a remote interpreter to provide interpreting services necessary to comply with section 16 of this act if the provider of health care utilizes audio-visual communication technology or audio communication technology that includes, without limitation, synchronous interaction with audio and, if applicable, video over a high-speed, wide-bandwidth connection or wireless connection that, to the extent possible:

      (a) Does not produce a lag or irregular pauses in communication or, if applicable, images;

      (b) Provides transmission of voice that is clear and audible; and

      (c) If applicable, produces a high-quality video image that is not blurry or grainy and is large enough to display the face of the interpreter and person with limited English proficiency, regardless of body position.

      2.  A provider of health care shall provide training to a person he or she supervises who is involved in using audio-visual communication technology or audio communication technology to facilitate the use of a remote interpreter. Such training must be adequate to ensure that the person operates the technology efficiently and effectively.

      Sec. 19. An interpreter or translator is qualified to provide interpretation or translation services pursuant to sections 15 to 20, inclusive, of this act if the interpreter or translator:

      1.  Has demonstrated proficiency in and understanding of spoken or written, as applicable:

      (a) English and at least one other language; or

      (b) At least two languages that are not English if he or she is a relay interpreter or translator;

      2.  Has demonstrated proficiency in interpreting or translating, as applicable, effectively, accurately and impartially, including, without limitation, using specialized vocabulary or terms without change, omission or addition.

      Sec. 20. 1.  A provider of health care who violates any provision of sections 15 to 20, inclusive, of this act may be disciplined by the board, agency or other entity in this State by which he or she is licensed, certified or regulated.

      2.  The board, agency or other entity in this State by which a provider of health care is licensed, certified or regulated shall determine if the provider of health care is in compliance with sections 15 to 20, inclusive, of this act using the factors listed in subsection 2 of section 16 of this act.

      Sec. 21. NRS 654.190 is hereby amended to read as follows:

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

 


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

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

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

      (d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and sections 2 to 8, inclusive, of this act or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, inclusive, as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.

      (e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.

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

      2.  If a licensee requests a hearing pursuant to subsection 1, the Board shall give the licensee written notice of a hearing pursuant to NRS 233B.121 and 241.0333. A licensee may waive, in writing, his or her right to attend the hearing.

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

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

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

      Sec. 22.  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.

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