[Rev. 8/22/2025 11:14:48 AM]

Link to Page 1074

 

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κ2025 Statutes of Nevada, Page 1075κ

 

CHAPTER 173, AB 193

Assembly Bill No. 193–Assemblymembers Koenig; Gonzαlez, Hardy and Moore

 

CHAPTER 173

 

[Approved: May 31, 2025]

 

AN ACT relating to victims of crime; requiring a law enforcement agency to furnish a free copy of all reports of the law enforcement agency concerning an act that constitutes domestic violence under certain circumstances; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires a law enforcement agency to furnish a free, complete and unaltered copy of all reports of the law enforcement agency concerning a sexual assault upon written request by the survivor of the sexual assault. Under existing law, a law enforcement agency: (1) must furnish any such report within 1 month after receiving a written request by a survivor; and (2) may, as appropriate, redact personal identifying information from any such report. (NRS 178A.280) This bill: (1) imposes a similar requirement on a law enforcement agency that receives a written request from a victim of domestic violence; and (2) authorizes the law enforcement agency to redact personal identifying information under similar 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. Chapter 217 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this subsection, a law enforcement agency shall, upon written request by a victim of domestic violence, furnish within 1 month, free, complete and unaltered copies of all reports of the law enforcement agency concerning the domestic violence, regardless of whether the report has been closed by the law enforcement agency. A law enforcement agency may, as appropriate, redact personal identifying information from any reports provided pursuant to this subsection.

      2.  As used in this section:

      (a) “Law enforcement agency” means any agency, office or bureau of this State or a political subdivision of this State, the primary duty of which is to enforce the law.

      (b) “Personal identifying information” has the meaning ascribed to it in NRS 205.4617.

      (c) “Victim of domestic violence” means a person who is a victim of an act that constitutes domestic violence pursuant to NRS 33.018.

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CHAPTER 174, AB 241

Assembly Bill No. 241–Assemblymember Jauregui

 

CHAPTER 174

 

[Approved: May 31, 2025]

 

AN ACT relating to housing; requiring the governing body of each county and city to adopt an ordinance to authorize by-right a multifamily housing development or mixed-use development that includes a residential use on property zoned for commercial use; declaring void certain county or city ordinances; authorizing the State Land Registrar to transfer, under certain circumstances, certain real property owned by the State of Nevada to certain entities without consideration; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill requires each governing body of a county or city to adopt an ordinance that authorizes by-right a multifamily housing development or mixed-use development that includes a residential use on property zoned for commercial use. Section 1 also authorizes such an ordinance to establish certain standards and requirements to qualify for such a by-right development. Section 1 further provides that any such ordinance does not apply to any property: (1) that is zoned for or in relation to an airport; or (2) within the region defined in the Tahoe Regional Planning Compact. (NRS 277.200) Section 1 further provides that property zoned for commercial use does not include property zoned for industrial use. Section 5 of this bill declares void any ordinance, regulation or rule of a county or city which conflicts with the provisions of this bill.

      Existing law authorizes the governing body of a county or city to divide the county, city or region into zoning districts of such number, shape and area as are best suited to carry out certain purposes. Within a zoning district, the governing body may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land. (NRS 278.250) Section 4 of this bill creates an exception to account for the requirement that the governing body of a county or city adopt an ordinance to authorize by-right a multifamily housing development or mixed-use development that includes a residential use on property zoned for commercial use pursuant to section 1.

      Existing law requires that an action or proceeding seeking judicial relief or review from or with respect to any final action, decision or order of any governing body of a county or city be commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body. (NRS 278.0235) Section 3 of this bill applies these provisions to section 1.

      Section 2 of this bill makes a conforming change to apply the definitions of certain terms relating to planning and zoning to section 1.

      Existing law requires the State Land Registrar to execute on behalf of the State of Nevada any lease, deed or other document by which any land or interest therein owned by the State is conveyed. (NRS 321.003) Section 5.3 of this bill authorizes the State Land Registrar to transfer title to certain real property owned by the State, with certain restrictions, to Catholic Charities of Northern Nevada and the Reno-Sparks Gospel Mission. Section 5.3 provides that such a transfer is conditioned upon the Reno Redevelopment Agency entering into certain agreements with Catholic Charities of Northern Nevada or the Reno-Sparks Gospel Mission. Section 5.3 further provides that such agreements must require the Reno Redevelopment Agency to: (1) survey and generate a legal description for the portions of real property that the State Land Registrar is authorized to transfer to each entity; and (2) pay the costs relating to the transfer of the real properties. Section 5.5 of this bill requires the deed for the real properties to include certain restrictions and provide for the reversion of the title to the real properties under certain circumstances.

 


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

      1.  Except as otherwise provided in subsection 2, not later than March 1, 2026, each governing body shall adopt an ordinance that authorizes by-right a multifamily housing development or mixed-use development that includes a residential use on property zoned for commercial use. The ordinance may establish standards and requirements to qualify for by-right a multifamily housing development or mixed-use development.

      2.  Any ordinance adopted pursuant to this section does not apply to any property:

      (a) That is zoned for or in relation to an airport; or

      (b) Within the region defined by NRS 277.200, the Tahoe Regional Planning Compact.

      3.  As used in this section, “property zoned for commercial use” does not include property zoned for industrial use.

      Sec. 2. NRS 278.010 is hereby amended to read as follows:

      278.010  As used in NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the context otherwise requires, the words and terms defined in NRS 278.0103 to 278.0195, inclusive, have the meanings ascribed to them in those sections.

      Sec. 3. NRS 278.0235 is hereby amended to read as follows:

      278.0235  1.  No action or proceeding may be commenced for the purpose of seeking judicial relief or review from or with respect to any final action, decision or order of any governing body, commission or board authorized by NRS 278.010 to 278.630, inclusive, and section 1 of this act, unless the action or proceeding is commenced within 25 days after the date of filing of notice of the final action, decision or order with the clerk or secretary of the governing body, commission or board.

      2.  A petitioner or cross-petitioner who is seeking judicial review must serve and file a memorandum of points and authorities within 40 days after an action is commenced.

      3.  The respondent or cross-petitioners shall serve and file a reply memorandum of points and authorities within 30 days after the service of the memorandum of points and authorities.

      4.  The petition or cross-petitioner may serve and file a reply memorandum of points and authorities within 30 days after service of the reply memorandum.

      5.  Within 7 days after the expiration of the time within which the petitioner is required to reply, any party may request a hearing. Unless a request for hearing has been filed, the matter shall be deemed submitted.

      6.  All memoranda of points and authorities filed in proceedings involving petitions for judicial review must be in the form provided for appellate briefs in Rule 28 of the Nevada Rules of Appellate Procedure.

      7.  The court, for good cause, may extend the times allowed in this section for filing memoranda.

 


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      Sec. 4. NRS 278.250 is hereby amended to read as follows:

      278.250  1.  For the purposes of NRS 278.010 to 278.630, inclusive, and section 1 of this act, the governing body may divide the city, county or region into zoning districts of such number, shape and area as are best suited to carry out the purposes of NRS 278.010 to 278.630, inclusive [. Within] , and section 1 of this act. Except as otherwise provided in section 1 of this act, within the zoning district, it may regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land.

      2.  The zoning regulations must be adopted in accordance with the master plan for land use and be designed:

      (a) To preserve the quality of air and water resources.

      (b) To promote the conservation of open space and the protection of other natural and scenic resources from unreasonable impairment.

      (c) To consider existing views and access to solar resources by studying the height of new buildings which will cast shadows on surrounding residential and commercial developments.

      (d) To reduce the consumption of energy by encouraging the use of products and materials which maximize energy efficiency in the construction of buildings.

      (e) To provide for recreational needs.

      (f) To protect life and property in areas subject to floods, landslides and other natural disasters.

      (g) To conform to the adopted population plan, if required by NRS 278.170.

      (h) To develop a timely, orderly and efficient arrangement of transportation and public facilities and services, including public access and sidewalks for pedestrians, and facilities and services for bicycles.

      (i) To ensure that the development on land is commensurate with the character and the physical limitations of the land.

      (j) To take into account the immediate and long-range financial impact of the application of particular land to particular kinds of development, and the relative suitability of the land for development.

      (k) To promote health and the general welfare.

      (l) To ensure the development of an adequate supply of housing for the community, including the development of affordable housing.

      (m) To ensure the protection of existing neighborhoods and communities, including the protection of rural preservation neighborhoods and, in counties whose population is 700,000 or more, the protection of historic neighborhoods.

      (n) To promote systems which use solar or wind energy.

      (o) To foster the coordination and compatibility of land uses with any military installation in the city, county or region, taking into account the location, purpose and stated mission of the military installation.

      3.  The zoning regulations must be adopted with reasonable consideration, among other things, to the character of the area and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city, county or region.

      4.  In exercising the powers granted in this section, the governing body may use any controls relating to land use or principles of zoning that the governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.

 


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governing body determines to be appropriate, including, without limitation, density bonuses, inclusionary zoning and minimum density zoning.

      5.  As used in this section:

      (a) “Density bonus” means an incentive granted by a governing body to a developer of real property that authorizes the developer to build at a greater density than would otherwise be allowed under the master plan, in exchange for an agreement by the developer to perform certain functions that the governing body determines to be socially desirable, including, without limitation, developing an area to include a certain proportion of affordable housing.

      (b) “Inclusionary zoning” means a type of zoning pursuant to which a governing body requires or provides incentives to a developer who builds residential dwellings to build a certain percentage of those dwellings as affordable housing.

      (c) “Minimum density zoning” means a type of zoning pursuant to which development must be carried out at or above a certain density to maintain conformance with the master plan.

      Sec. 5.  On and after March 1, 2026, any ordinance, regulation or rule of a county or city which conflicts with the provisions of this act is void and unenforceable.

      Sec. 5.3. 1.  If the Reno Redevelopment Agency enters into an agreement with Catholic Charities of Northern Nevada or the Reno-Sparks Gospel Mission, as applicable, pursuant to subsection 2, the Administrator of the Division of State Lands of the State Department of Conservation and Natural Resources, as ex officio State Land Registrar, may transfer, without consideration, to:

      (a) Catholic Charities of Northern Nevada, all interest of the State of Nevada in the real property located on the western portion of the property commonly known as the Northern Nevada Adult Mental Health Services Campus, containing approximately 4 acres, and further described in the legal description generated by the Reno Redevelopment Agency pursuant to subsection 2; and

      (b) The Reno-Sparks Gospel Mission, all interest of the State of Nevada in the real property located on the western portion of the property commonly known as the Northern Nevada Adult Mental Health Services Campus, containing approximately 1.3 acres, and further described in the legal description generated by the Reno Redevelopment Agency pursuant to subsection 2,

Κ to provide community and social services to at-risk and underserved populations, which may include, without limitation, affordable housing, workforce housing, supportive housing, food services, supportive services and any other service for at-risk and underserved communities.

      2.  The Reno Redevelopment Agency shall enter into an agreement with Catholic Charities of Northern Nevada or the Reno-Sparks Gospel Mission, as applicable, relating to the transfer of the property described in subsection 1. The agreement must require the Reno Redevelopment Agency to:

      (a) Survey and generate a legal description for the real properties described in paragraphs (a) and (b) of subsection 1; and

      (b) Pay the costs relating to the transfer of the real property.

      Sec. 5.5.  If real property is transferred pursuant to section 5.3 of this act, the deed from the State of Nevada to Catholic Charities of Northern Nevada or the Reno-Sparks Gospel Mission, as applicable, must, subject to any easement, condition or other encumbrance of record:

 


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      1.  Include restrictions:

      (a) Requiring that the real property be used to provide community and social services to at-risk and underserved communities, which may include, without limitation, affordable housing, workforce housing, supportive housing, food services and any other services provided for at-risk and underserved communities; and

      (b) Prohibit Catholic Charities of Northern Nevada or the Reno-Sparks Gospel Mission, as applicable, or any successors in title from transferring, leasing, encumbering or otherwise disposing of the property except pursuant to the express authority of the Legislature.

      2.  Provide for the reversion of the title to the property to the State of Nevada upon the breach of any restriction specified in subsection 1.

      Sec. 6.  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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CHAPTER 175, AB 377

Assembly Bill No. 377–Assemblymembers Gallant, Gurr, D’Silva, Gray; Cole, DeLong, Hibbetts, Koenig and O’Neill

 

Joint Sponsors: Senators Buck; Doρate, Ellison and Stone

 

CHAPTER 175

 

[Approved: May 31, 2025]

 

AN ACT relating to real property; requiring the Nevada Tax Commission to include in the form prescribed for the declaration of value of real property a section in which a property owner is authorized to claim certain partial abatements of property taxes; prescribing the manner in which a property owner is required to claim such partial abatements; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes partial abatements of property taxes for real property that is: (1) a single-family residence which is the primary residence of the owner; or (2) a residential rental dwelling that qualifies based on the amount of rent collected from the tenants. (NRS 361.4723, 361.4724) Existing law requires a person who files with a county recorder a deed evidencing a transfer of title of real property or a land sale installment contract to also provide the county recorder with a declaration of value of the real property made on a form prescribed by the Nevada Tax Commission. The county recorder is prohibited from charging or collecting any fee for recording the form. (NRS 375.060) Section 3 of this bill requires the Nevada Tax Commission to include a section in that form in which a property owner is authorized to claim a partial abatement of property taxes for a single-family residence which is the primary residence of the owner or for a qualified residential rental dwelling.

      Existing regulations require an owner of a single-family residence which is the primary residence of the owner to claim the partial abatement of property taxes on the single-family residence by submitting a claim for the partial abatement to the county assessor. (NAC 361.606) Section 1 of this bill additionally authorizes such a partial abatement to be claimed on the form for a declaration of value prescribed by the Nevada Tax Commission and provided to the county recorder with a deed evidencing a transfer of title to the single-family residence.

 


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      Existing regulations require the owner of a residential rental dwelling that qualifies for a certain partial abatement of property taxes based on the amount of rent collected from the tenants of the property to claim the partial abatement by annually filing a claim with the county assessor of the county in which the property is located not later than June 15 of each year. Under existing regulations, the claim must be accompanied by an affidavit concerning the amount of rent charged to the tenants of the property. (NAC 361.607) Section 2 of this bill additionally authorizes a claim for this partial abatement of property taxes to be made on a declaration of value form prescribed by the Nevada Tax Commission and provided to the county recorder with a deed evidencing the transfer of title to the property.

 

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 361.4723 is hereby amended to read as follows:

      361.4723  The Legislature hereby finds and declares that an increase in the tax bill of the owner of a home by more than 3 percent over the tax bill of that homeowner for the previous year constitutes a severe economic hardship within the meaning of subsection 10 of Section 1 of Article 10 of the Nevada Constitution. The Legislature therefore directs a partial abatement of taxes for such homeowners as follows:

      1.  Except as otherwise provided in or required to carry out the provisions of subsection 2 and NRS 361.4725 to 361.4729, inclusive, the owner of a single-family residence which is the primary residence of the owner is entitled to a partial abatement of the ad valorem taxes levied in a county on that property each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Κ whichever is greater; and

      (b) Three percent of the amount determined pursuant to paragraph (a).

      2.  The provisions of subsection 1 do not apply to any property for which:

      (a) No assessed valuation was separately established for the immediately preceding fiscal year; or

 


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      (b) The provisions of subsection 1 of NRS 361.4722 provide a greater abatement from taxation.

      3.  Except as otherwise required to carry out the provisions of NRS 361.4732 and any regulations adopted pursuant to NRS 361.4733, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsection 1 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      4.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out this section, including, without limitation, regulations providing a methodology for applying the partial abatement provided pursuant to subsection 1 to a parcel of real property of which only a portion qualifies as a single-family residence which is the primary residence of the owner and the remainder is used in another manner.

      5.  The owner of a single-family residence does not become ineligible for the partial abatement provided pursuant to subsection 1 as a result of:

      (a) The operation of a home business out of a portion of that single-family residence; or

      (b) The manner in which title is held by the owner if the owner occupies the residence, including, without limitation, if the owner has placed the title in a trust for purposes of estate planning.

      6.  A claim for a partial abatement of property taxes pursuant to this section must be submitted:

      (a) On a form provided by the county assessor of the county in which the property is located in accordance with regulations adopted by the Nevada Tax Commission; or

      (b) If a partial abatement of property taxes pursuant to this section is claimed on the form for a declaration of value prescribed by the Nevada Tax Commission pursuant to NRS 375.060, on the form prescribed by the Nevada Tax Commission pursuant to NRS 375.060.

      7.  For the purposes of this section:

      (a) “Primary residence of the owner” means a residence which:

             (1) Is designated by the owner as the primary residence of the owner in this State, exclusive of any other residence of the owner in this State; and

             (2) Is not rented, leased or otherwise made available for exclusive occupancy by any person other than the owner of the residence and members of the family of the owner of the residence.

      (b) “Single-family residence” means a parcel or other unit of real property or unit of personal property which is intended or designed to be occupied by one family with facilities for living, sleeping, cooking and eating.

      (c) “Unit of personal property” includes, without limitation, any:

             (1) Mobile or manufactured home, whether or not the owner thereof also owns the real property upon which it is located; or

 


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             (2) Taxable unit of a condominium, common-interest community, planned unit development or similar property,

Κ if classified as personal property for the purposes of this chapter.

      (d) “Unit of real property” includes, without limitation, any taxable unit of a condominium, common-interest community, planned unit development or similar property, if classified as real property for the purposes of this chapter.

      Sec. 2. NRS 361.4724 is hereby amended to read as follows:

      361.4724  The Legislature hereby finds and declares that many Nevadans who cannot afford to own their own homes would be adversely affected by large unanticipated increases in property taxes, as those tax increases are passed down to renters in the form of rent increases and therefore the benefits of a charitable exemption pursuant to subsection 8 of Section 1 of Article 10 of the Nevada Constitution should be afforded to those Nevadans through an abatement granted to the owners of residential rental dwellings who charge rent that does not exceed affordable housing standards for low-income housing. The Legislature therefore directs a partial abatement of taxes for such owners as follows:

      1.  Except as otherwise provided in or required to carry out the provisions of subsection 2 and NRS 361.4725 to 361.4729, inclusive, if the amount of rent collected from each of the tenants of a residential dwelling does not exceed the fair market rent for the county in which the dwelling is located, as most recently published by the United States Department of Housing and Urban Development, the owner of the dwelling is entitled to a partial abatement of the ad valorem taxes levied in a county on that property for each fiscal year equal to the amount by which the product of the combined rate of all ad valorem taxes levied in that county on the property for that fiscal year and the amount of the assessed valuation of the property which is taxable in that county for that fiscal year, excluding any increase in the assessed valuation of the property from the immediately preceding fiscal year as a result of any improvement to or change in the actual or authorized use of the property, exceeds the sum obtained by adding:

      (a) The amount of all the ad valorem taxes:

             (1) Levied in that county on the property for the immediately preceding fiscal year; or

             (2) Which would have been levied in that county on the property for the immediately preceding fiscal year if not for any exemptions from taxation that applied to the property for that prior fiscal year but do not apply to the property for the current fiscal year,

Κ whichever is greater; and

      (b) Three percent of the amount determined pursuant to paragraph (a).

      2.  The provisions of subsection 1 do not apply to:

      (a) Any hotels, motels or other forms of transient lodging;

      (b) Any property for which no assessed valuation was separately established for the immediately preceding fiscal year; and

      (c) Any property for which the provisions of subsection 1 of NRS 361.4722 provide a greater abatement from taxation.

 


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      3.  Except as otherwise required to carry out the provisions of NRS 361.4732 and any regulations adopted pursuant to NRS 361.4733, the amount of any reduction in the ad valorem taxes levied in a county for a fiscal year as a result of the application of the provisions of subsection 1 must be deducted from the amount of ad valorem taxes each taxing entity would otherwise be entitled to receive for that fiscal year in the same proportion as the rate of ad valorem taxes levied in the county on the property by or on behalf of that taxing entity for that fiscal year bears to the combined rate of all ad valorem taxes levied in the county on the property by or on behalf of all taxing entities for that fiscal year.

      4.  A claim for a partial abatement of property taxes pursuant to this section must be submitted:

      (a) In the manner prescribed by regulations adopted by the Nevada Tax Commission; or

      (b) If a partial abatement of property taxes pursuant to this section is claimed on the form for a declaration of value prescribed by the Nevada Tax Commission pursuant to NRS 375.060, on the form prescribed by the Nevada Tax Commission pursuant to NRS 375.060.

      5.  The Nevada Tax Commission shall adopt such regulations as it deems appropriate to carry out this section.

      Sec. 3. NRS 375.060 is hereby amended to read as follows:

      375.060  1.  Each deed evidencing a transfer of title of real property or land sale installment contract that is presented for recordation to the county recorder must be accompanied by a declaration of value made on a form prescribed by the Nevada Tax Commission.

      2.  The Nevada Tax Commission shall include in the form prescribed pursuant to subsection 1 a section in which the property owner may claim a partial abatement from taxation provided pursuant to NRS 361.4723 or 361.4724.

      3.  A county recorder shall not charge or collect any fees for recording the declaration of value required pursuant to this section.

      Sec. 4.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1, 2 and 3 of this act become effective:

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

      (b) On October 1, 2025, for all other purposes.

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CHAPTER 176, AB 466

Assembly Bill No. 466–Assemblymember Kasama

 

CHAPTER 176

 

[Approved: May 31, 2025]

 

AN ACT relating to insurance; revising certain notice requirements imposed on an insurer who issues a policy of portable electronics insurance; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires an insurer who issues a policy of portable electronics insurance to provide certain notices that are required to be provided to an enrolled customer, vendor or other policyholder to be: (1) mailed or delivered; or (2) sent by electronic mail or other electronic means in accordance with regulations adopted by the Commissioner of Insurance. (NRS 691D.330) Existing law requires any insurer to cease delivering any notice or other document by electronic means, and to use an alternative delivery method, if the insurer: (1) attempts to deliver a notice or other document by electronic means and has a reasonable basis to believe that the notice or other document was not received by the party; or (2) becomes aware that the electronic mail address provided by the party is no longer valid. (NRS 680A.560)

      This bill eliminates the requirement that an insurer who issues a policy of portable electronics insurance and who sends certain notices by electronic mail or other electronic means do so in accordance with regulations adopted by the Commissioner. This bill additionally specifies that the requirements setting forth the circumstances under which an insurer is required to cease delivering a notice or document by electronic means applies to an insurer who issues a policy of portable electronics insurance.

 

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 691D.330 is hereby amended to read as follows:

      691D.330  Notwithstanding any other provision of law:

      1.  Except as otherwise provided in this section, an insurer that issues a policy of portable electronics insurance may not terminate the policy before the expiration of the agreed term of the policy unless, not less than 30 days before the effective date of the termination, the insurer provides notice to:

      (a) The holder of the policy of portable electronics insurance; and

      (b) If the policy is a group policy issued to a vendor under which individual customers may elect to enroll for coverage, each enrolled customer.

      2.  If the insurer changes a term or condition of a policy of portable electronics insurance, the insurer shall, not less than 30 days before the effective date of the change, provide:

      (a) The policyholder with a revised policy or endorsement; and

      (b) Each enrolled customer with a revised certificate of coverage, endorsement, brochure or other evidence of coverage which:

             (1) Declares that the insurer has changed a term or condition of the policy which may affect the enrolled customer’s coverage; and

 


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             (2) Provides a summary of the material changes.

      3.  An insurer may terminate an enrolled customer’s coverage under a vendor’s policy of portable electronics insurance upon the discovery of fraud or material misrepresentation by the enrolled customer in obtaining the coverage or in presenting a claim thereunder if the insurer provides notice of the termination to the vendor and the enrolled customer within 10 days after discovery of the fraud or material misrepresentation.

      4.  An insurer may immediately terminate an enrolled customer’s coverage under a vendor’s policy of portable electronics insurance if the enrolled customer:

      (a) Fails to pay a premium;

      (b) Ceases to have an active service with the vendor; or

      (c) Exhausts the aggregate limit of liability, if any, under the terms of the policy of portable electronics insurance and the insurer provides notice of termination to the customer within 30 calendar days after exhaustion of the limit. If the insurer fails to provide timely notice as required by this paragraph, the enrolled customer’s coverage under the policy continues until the insurer provides notice of termination to the enrolled customer notwithstanding the exhaustion of the aggregate limit of liability.

      5.  A vendor or other holder of a group policy of portable electronics insurance shall not terminate the policy unless, not less than 30 days before the effective date of the termination, the insurer provides notice to each enrolled customer of the termination of the policy and the effective date of termination. An insurer may authorize a vendor to provide notice to an enrolled customer on behalf of the insurer pursuant to this subsection.

      6.  Any notice that is required pursuant to this section must be in writing and be:

      (a) Mailed or delivered to the enrolled customer, vendor or other policyholder at his or her last known address; or

      (b) [Sent] Except as otherwise provided in NRS 680A.560, sent by electronic mail or other electronic means [in accordance with regulations adopted by the Commissioner] to the enrolled customer, vendor or other policyholder at the electronic mail address of the enrolled customer, vendor or other policyholder last known by the insurer.

Κ An insurer or vendor who provides notice pursuant to this subsection must maintain proof of mailing or delivery in a form authorized or accepted by the United States Postal Service or other commercial mail delivery service or an electronic record or other proof that the notice was sent.

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κ2025 Statutes of Nevada, Page 1087κ

 

CHAPTER 177, SB 166

Senate Bill No. 166–Senator Scheible

 

CHAPTER 177

 

[Approved: May 31, 2025]

 

AN ACT relating to housing; revising provisions which prohibit certain insurers from discriminating based on the breed of a dog at certain properties; revising provisions relating to the supportive housing grant program implemented by the Housing Division of the Department of Business and Industry; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits an insurer from refusing to issue, cancelling, refusing to renew or increasing the premium or rate for certain policies of insurance on the sole basis of the specific breed or mixture of breeds of a dog that is harbored or owned on an applicable property unless, pursuant to the public health laws of this State, the particular dog: (1) is known to be dangerous or vicious; or (2) has been declared to be dangerous or vicious. (NRS 687B.383) Section 1 of this bill expands this prohibition: (1) by removing the limitation that the specific breed or mixture of breeds of a dog be the sole basis for taking the prohibited action; and (2) to include a policy of insurance which covers a multi-family residential dwelling.

      Existing law requires the Housing Division of the Department of Business and Industry, subject to the availability of funds, to develop and implement a supportive housing grant program for the purpose of awarding grants for the development of supportive housing and the provision of supportive housing services. (NRS 319.600, 319.610) Section 2 of this bill requires any recipient of a grant for supportive housing to agree in writing to allow a tenant in the supportive housing to keep at least one pet, subject to any applicable federal, state and local laws, regulations and ordinances relating to public health, animal control or the prevention of cruelty to animals.

 

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 687B.383 is hereby amended to read as follows:

      687B.383  1.  Except as otherwise provided in subsection 2, an insurer shall not:

      (a) Refuse to issue;

      (b) Cancel;

      (c) Refuse to renew; or

      (d) Increase a premium or rate for,

Κ a policy of insurance based [solely] on the specific breed or mixture of breeds of a dog that is harbored or owned on an applicable property.

      2.  The provisions of subsection 1 do not prohibit an insurer from:

      (a) Refusing to issue;

      (b) Cancelling;

      (c) Refusing to renew; or

      (d) Imposing a reasonable increase to a premium or rate for,

Κ a policy of insurance based on sound underwriting and actuarial principles on the basis that a particular dog which is harbored or owned on an applicable property is known to be dangerous or vicious or has been declared to be dangerous or vicious in accordance with NRS 202.500.

 


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applicable property is known to be dangerous or vicious or has been declared to be dangerous or vicious in accordance with NRS 202.500.

      3.  An insurer may not ask or inquire about the specific breed or mixture of breeds of a dog which is harbored or owned on an applicable property except to ask if the dog is known to be dangerous or vicious or has been declared to be dangerous or vicious in accordance with NRS 202.500.

      4.  As used in this section, “policy of insurance” means:

      (a) A policy of homeowner’s insurance;

      (b) A policy of renter’s insurance;

      (c) A policy of insurance which covers a manufactured home or a mobile home; [and]

      (d) A policy of insurance which covers a multi-family residential dwelling; and

      (e) An umbrella policy as defined in NRS 687B.440.

      Sec. 2. NRS 319.600 is hereby amended to read as follows:

      319.600  1.  The Division shall, subject to the availability of funds appropriated for such a purpose, develop and implement a supportive housing grant program for the purpose of awarding grants for the development of supportive housing and the provision of supportive housing services. The program must include a process for applying for a grant to:

      (a) Procure and develop supportive housing;

      (b) Train and build the capacity of a supportive housing partnership;

      (c) Fund the operation of a supportive housing partnership; and

      (d) Analyze the progress of supportive housing in this State.

      2.  Any recipient of a grant for supportive housing must agree in writing to [comply] :

      (a) Comply with all applicable provisions of chapter 118A of NRS.

      (b) Allow a tenant in the supportive housing to keep at least one pet, subject to any applicable federal, state and local laws, regulations and ordinances related to public health, animal control or the prevention of cruelty to animals.

      3.  The Division shall consult with the Nevada Interagency Advisory Council on Homelessness to Housing created by NRS 232.4981 before approving any application for a grant pursuant to paragraph (a) of subsection 1.

      4.  The Division shall adopt regulations to carry out the provisions of this section. The regulations must prescribe, without limitation:

      (a) The criteria for eligibility to receive money from the supportive housing grant program; and

      (b) Procedures for the submission and review of applications to receive money from the supportive housing grant program.

      5.  On or before December 1 of each year that the supportive housing grant program is funded, the Division shall submit a report to the Chair of the Nevada Interagency Advisory Council on Homelessness to Housing, the Governor and the Director of the Legislative Counsel Bureau for transmittal to the Legislature, or to the Legislative Commission, if the Legislature is not in session. The report must include:

      (a) Information on and feedback from grant recipients; and

      (b) Information on the use of grant money and participation in the supportive housing grant program.

      6.  The Division may use a portion of the money in the Nevada Supportive Housing Development Fund created by NRS 319.610 to prepare the report required by subsection 5.

 


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κ2025 Statutes of Nevada, Page 1089 (CHAPTER 177, SB 166)κ

 

      7.  As used in this section:

      (a) “Pet” means a domesticated animal owned or possessed by a person for the purpose of pleasure or companionship, including, without limitation, a cat or dog.

      (b) “Supportive housing” means subsidized housing that reduces barriers to retaining housing that are caused by a person’s rental history, criminal history and income through the provision of onsite and offsite supportive services that are designed to assist a person who has:

             (1) A disabling behavioral or physical health condition; and

             (2) Experienced:

                   (I) Homelessness or been at imminent risk of homelessness; or

                   (II) Unnecessary institutionalization.

      [(b)] (c) “Supportive services” includes, without limitation, social services, community support services, case management services, employment services, health care and behavioral health treatment.

      Sec. 3.  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.

________

CHAPTER 178, SB 169

Senate Bill No. 169–Senators Doρate; Buck and Steinbeck

 

CHAPTER 178

 

[Approved: May 31, 2025]

 

AN ACT relating to trade practices; prohibiting a third-party reservation service platform provider from engaging in certain activities; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Section 1 of this bill enacts certain provisions relating to a third-party reservation service platform, which section 1 defines to mean, with certain exceptions, an Internet website, online service or mobile application which offers or arranges for a reservation, appointment or booking for a customer at an establishment and which is owned and operated by a person other than the person who owns the establishment. Section 1 also defines “third-party reservation service platform provider” to mean a person who operates a third-party reservation service platform.

      Section 1 prohibits a third-party reservation service platform provider from listing, advertising, promoting or selling a reservation, appointment or booking for a customer at any establishment through the third-party reservation service platform of the provider unless the provider has entered into a written agreement with the establishment or a designee of the establishment that expressly authorizes the provider to engage in such activities. Section 1 makes it a deceptive trade practice for a third-party reservation service platform provider to violate that prohibition. Sections 1 and 2 of this bill provide that a person who violates the provisions of section 1 is not subject to any criminal penalty set forth in existing law for engaging in a deceptive trade practice, meaning such a person is subject only to the various civil enforcement measures, including civil penalties, set forth in existing law for engaging in a deceptive trade practice. Section 1 also exempts a document preparation service from the provisions of section 1.

 


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

      1.  Except as otherwise provided in subsection 4, a third-party reservation service platform provider shall not list, advertise, promote or sell a reservation, appointment or booking for a customer at any establishment through the third-party reservation service platform of the provider unless the provider has entered into a written agreement with either the establishment or a designee of the establishment that expressly authorizes the provider to engage in such activities.

      2.  Except as otherwise provided in subsection 3, a violation of the provisions of subsection 1 constitutes a deceptive trade practice for the purposes of NRS 598.0903 to 598.0999, inclusive, and each day’s continuance of the violation constitutes a separate and distinct violation.

      3.  A person who violates the provisions of subsection 1 is not subject to any criminal penalty set forth in subsection 3 of NRS 598.0999.

      4.  The provisions of this section do not apply to a document preparation service as defined in NRS 240A.030.

      5.  As used in this section:

      (a) “Establishment” means a person or entity that offers goods or services, whether public or private, and relies on scheduled reservations, appointments or bookings in the provision of such goods or services.

      (b) “Third-party reservation service platform”:

             (1) Means an Internet website, online service or mobile application which offers or arranges a reservation, appointment or booking for a customer at an establishment and which is owned and operated by a person other than the person who owns the establishment.

             (2) Does not include a person or entity which arranges, at the request of a customer and at no charge to the customer, a reservation, appointment or booking for the customer at an establishment if the reservation, appointment or booking is personal to the customer and nontransferable, and the person or entity:

                   (I) Shares the contact information of the customer with the establishment;

                   (II) Authorizes the establishment to confirm the reservation, appointment or booking with the customer; and

                   (III) Honors any request from an establishment to opt out of any future reservations, appointments or bookings arranged by the person or entity.

      (c) “Third-party reservation service platform provider” or “provider” means a person who operates a third-party reservation service platform.

      Sec. 2. NRS 598.0999 is hereby amended to read as follows:

      598.0999  1.  Except as otherwise provided in NRS 598.0974, a person who violates a court order or injunction issued pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, upon a complaint brought by the Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation.

 


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Commissioner, the Director, the district attorney of any county of this State or the Attorney General shall forfeit and pay to the State General Fund a civil penalty of not more than $10,000 for each violation. For the purpose of this section, the court issuing the order or injunction retains jurisdiction over the action or proceeding. Such civil penalties are in addition to any other penalty or remedy available for the enforcement of the provisions of NRS 598.0903 to 598.0999, inclusive.

      2.  Except as otherwise provided in NRS 598.0974, in any action brought pursuant to the provisions of NRS 598.0903 to 598.0999, inclusive, if the court finds that a person has willfully engaged in a deceptive trade practice, the Commissioner, the Director, the district attorney of any county in this State or the Attorney General bringing the action may recover a civil penalty not to exceed $15,000 for each violation. The court in any such action may, in addition to any other relief or reimbursement, award reasonable attorney’s fees and costs.

      3.  [A] Except as otherwise provided in section 1 of this act, a natural person, firm, or any officer or managing agent of any corporation or association who knowingly and willfully engages in a deceptive trade practice:

      (a) For an offense involving a loss of property or services valued at $1,200 or more but less than $5,000, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      (b) For an offense involving a loss of property or services valued at $5,000 or more but less than $25,000, is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (c) For an offense involving a loss of property or services valued at $25,000 or more but less than $100,000, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 10 years, and by a fine of not more than $10,000.

      (d) For an offense involving a loss of property or services valued at $100,000 or more, is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years, and by a fine of not more than $15,000.

      (e) For any offense other than an offense described in paragraphs (a) to (d), inclusive, is guilty of a misdemeanor.

Κ The court may require the natural person, firm, or officer or managing agent of the corporation or association to pay to the aggrieved party damages on all profits derived from the knowing and willful engagement in a deceptive trade practice and treble damages on all damages suffered by reason of the deceptive trade practice.

      4.  If a person violates any provision of NRS 598.0903 to 598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged

 


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κ2025 Statutes of Nevada, Page 1092 (CHAPTER 178, SB 169)κ

 

violation of such a provision, the Commissioner or the district attorney of any county may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Κ The court may grant or deny the relief sought or may order other appropriate relief.

      5.  If a person violates any provision of NRS 228.500 to 228.640, inclusive, fails to comply with a judgment or order of any court in this State concerning a violation of such a provision, or fails to comply with an assurance of discontinuance or other agreement concerning an alleged violation of such a provision, the Attorney General may bring an action in the name of the State of Nevada seeking:

      (a) The suspension of the person’s privilege to conduct business within this State; or

      (b) If the defendant is a corporation, dissolution of the corporation.

Κ The court may grant or deny the relief sought or may order other appropriate relief.

      6.  In an action brought by the Commissioner or the Attorney General pursuant to subsection 4 or 5, process may be served by an employee of the Consumer Affairs Unit of the Department of Business and Industry or an employee of the Attorney General.

      7.  As used in this section:

      (a) “Property” has the meaning ascribed to it in NRS 193.0225.

      (b) “Services” has the meaning ascribed to it in NRS 205.0829.

      (c) “Value” means the fair market value of the property or services at the time the deceptive trade practice occurred. The value of a written instrument which does not have a readily ascertainable market value is the greater of the face amount of the instrument less the portion satisfied or the amount of economic loss to the owner of the instrument resulting from the deprivation of the instrument. The trier of fact shall determine the value of all other property whose value is not readily ascertainable, and may, in making that determination, consider all relevant evidence, including evidence of the value of the property to its owner.

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κ2025 Statutes of Nevada, Page 1093κ

 

CHAPTER 179, SB 189

Senate Bill No. 189–Senators Lange; Cannizzaro, Cruz-Crawford, Daly, Flores, Neal, Ohrenschall, Pazina, Scheible and Taylor

 

CHAPTER 179

 

[Approved: May 31, 2025]

 

AN ACT relating to genetic counseling; prescribing certain duties and authority of a genetic counselor; providing for the regulation of the practice of genetic counseling by the Board of Medical Examiners; requiring the appointment of the Genetic Counseling Advisory Council; prescribing the requirements for the issuance and renewal of a license as a genetic counselor; authorizing the Board to take certain actions to investigate and impose discipline against a genetic counselor; prohibiting the unlicensed practice of genetic counseling except in certain circumstances; establishing a privilege for certain confidential communications; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the licensure and regulation of physicians, physician assistants, anesthesiologist assistants, perfusionists and practitioners of respiratory care by the Board of Medical Examiners. (Chapter 630 of NRS) This bill additionally provides for the licensure and regulation of genetic counselors by the Board. Sections 4-5.6 of this bill define certain terms, and section 14 of this bill establishes the applicability of those definitions. Section 40 of this bill makes it a felony for a person to practice genetic counseling or hold himself or herself out as a genetic counselor without a license. Section 7 of this bill prescribes the requirements to obtain such a license, including obtaining certain education, passing certain examinations and obtaining certification from the American Board of Genetic Counseling. Section 8 of this bill authorizes the Board to issue a temporary license under which a person who has obtained the required education but has not yet passed the required examination or obtained the required certification may engage in the supervised practice of genetic counseling. Section 6 of this bill requires the Board to adopt certain other regulations regarding the licensure and practice of genetic counselors. Section 9 of this bill authorizes certain unlicensed persons to provide assistance or consulting services related to genetic counseling, and section 16 of this bill exempts a genetic counselor of the Federal Government and permitted practitioners of other healing arts who are authorized to provide genetic counseling from licensure and regulation by the Board. Section 9 also authorizes a physician or a physician assistant to engage in genetic counseling as part of his or her practice without obtaining a license as a genetic counselor. Section 10 of this bill prescribes the date on which a license as a genetic counselor expires and the requirements to renew such a license. Section 23 of this bill prescribes the maximum fees that the Board may charge for the issuance or renewal of a license or a temporary license as a genetic counselor. Section 11 of this bill prescribes the procedure for the voluntary surrender of such a license.

 


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κ2025 Statutes of Nevada, Page 1094 (CHAPTER 179, SB 189)κ

 

      Section 12 of this bill prescribes the grounds for disciplinary action against a genetic counselor. Sections 24, 25 and 27 of this bill apply to genetic counselors the existing process for the filing of a complaint with the Board concerning a licensee or notifying the Board of certain actions taken against a licensee. Sections 26, 28-33, 36 and 38 of this bill apply to genetic counselors: (1) existing procedures for the investigation of complaints and the imposition of disciplinary action against licensees; and (2) certain other existing procedures to address incompetence or misconduct by a licensee. Section 34 of this bill applies to genetic counselors the existing procedure to remove limitations that the Board has placed on a license or to restore a revoked license. Sections 36, 37, 39 and 40 of this bill authorize or require the Board to take certain actions against a person who is practicing genetic counseling or holding himself or herself out as a genetic counselor without a license.

      Sections 13, 15 and 19-21 of this bill make various conforming changes so that genetic counselors are treated similarly to other providers of health care licensed by the Board for certain purposes related to licensure and regulation. Section 17 of this bill deems any act that constitutes the practice of genetic counseling to occur where the patient is located at the time the act is performed. Section 5.9 of this bill requires the Board to appoint the Genetic Counseling Advisory Council to advise the Board concerning the regulation of genetic counseling until January 1, 2031. After that date, section 18 of this bill authorizes the Board to select genetic counselors to serve as advisory members of the Board. Sections 22 and 35 of this bill subject genetic counselors to certain provisions required by federal law for the enforcement of child support obligations. (42 U.S.C. § 666)

      Existing law defines the term “provider of health care” to mean a person who practices any of certain professions related to the provision of health care. (NRS 629.031) Existing law imposes certain requirements upon providers of health care, including requirements for billing, standards for advertisements and criminal penalties for acquiring certain debts. (NRS 629.071, 629.076, 629.078) Section 1 of this bill includes genetic counselors in the definition of “provider of health care,” thereby subjecting genetic counselors to those same requirements. Section 42 of this bill requires a genetic counselor to report misconduct by a person licensed or certified by the State Board of Nursing to the Executive Director of that Board.

      Existing law establishes a privilege for confidential communications between a patient and a physician, dentist or chiropractor or person participating in the diagnosis or treatment of the patient under the direction of such a provider. (NRS 49.215-49.245) Section 48 of this bill extends that same privilege to apply to confidential communications between a patient and a genetic counselor or a person under the direction of a genetic counselor.

      Existing law provides that: (1) assault is generally a misdemeanor, with certain exceptions; and (2) assault upon a provider of health care is a gross misdemeanor or felony, depending on the circumstances. (NRS 200.471) Section 51 of this bill includes a genetic counselor within the definition of “provider of health care” for that purpose, thereby making assault upon a genetic counselor a gross misdemeanor or felony, depending on the circumstances. Section 52 of this bill requires a genetic counselor to report the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person or the abuse or neglect of a child in the same manner as other providers of health care. A genetic counselor would also be required to report the abuse, neglect or commercial sexual exploitation of a child. (NRS 432B.220, 432C.110) Sections 41, 43 and 44 of this bill provide that a genetic counselor acting within his or her scope of practice is not violating provisions governing certain other providers of health care. Sections 2, 45-47, 49, 50 and 53-59 of this bill make revisions to treat genetic counselors in the same manner as other similar providers of health care in other certain respects.

 


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κ2025 Statutes of Nevada, Page 1095 (CHAPTER 179, SB 189)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 629.031 is hereby amended to read as follows:

      629.031  Except as otherwise provided by a specific statute:

      1.  “Provider of health care” means:

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

      (b) A physician assistant;

      (c) An anesthesiologist assistant;

      (d) A genetic counselor;

      (e) A dentist;

      [(e)](f) A dental therapist;

      [(f)](g) A dental hygienist;

      [(g)](h) A licensed nurse;

      [(h)](i) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS or authorized to practice as an emergency medical technician, advanced emergency medical technician or paramedic in this State under the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact ratified by NRS 450B.145;

      [(i)](j) A dispensing optician;

      [(j)](k) An optometrist;

      [(k)](l) A speech-language pathologist;

      [(l)](m) An audiologist;

      [(m)](n) A practitioner of respiratory care;

      [(n)](o) A licensed physical therapist;

      [(o)](p) An occupational therapist;

      [(p)](q) A podiatric physician;

      [(q)](r) A licensed psychologist;

      [(r)](s) A licensed marriage and family therapist;

      [(s)](t) A licensed clinical professional counselor;

      [(t)](u) A music therapist;

      [(u)](v) A chiropractic physician;

      [(v)](w) An athletic trainer;

      [(w)](x) A perfusionist;

      [(x)](y) A doctor of Oriental medicine in any form;

      [(y)](z) A medical laboratory director or technician;

      [(z)](aa) A pharmacist;

      [(aa)](bb) A licensed dietitian;

      [(bb)](cc) An associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;

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

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

      [(ee)](ff) A behavior analyst, assistant behavior analyst or registered behavior technician;

 


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κ2025 Statutes of Nevada, Page 1096 (CHAPTER 179, SB 189)κ

 

      [(ff)](gg) A naprapath; or

      [(gg)](hh) A medical facility as the employer of any person specified in this subsection.

      2.  For the purposes of NRS 629.400 to 629.490, inclusive, the term includes a person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.

      Sec. 2. NRS 629.580 is hereby amended to read as follows:

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

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

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

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

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

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

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

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

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

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

      (j) Engages in the practice of medicine or genetic counseling in violation of chapter 630 or 633 of NRS, the practice of homeopathic medicine in violation of chapter 630A of NRS, the practice of naprapathy in violation of chapter 634B of NRS or the practice of podiatry in violation of chapter 635 of NRS, unless otherwise expressly authorized by this section;

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

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

      (m) Engages in the practice of applied behavior analysis in violation of chapter 641D of NRS.

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

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

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

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

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

 


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      (e) A statement in substantially the following form:

 

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

 

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

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

      (a) Are unable to read;

      (b) Are blind or visually impaired;

      (c) Have communication impairments; or

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

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

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

      6.  This section does not apply to or control:

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

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

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

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

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

 


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      (a) Anthroposophy.

      (b) Aromatherapy.

      (c) Traditional cultural healing practices.

      (d) Detoxification practices and therapies.

      (e) Energetic healing.

      (f) Folk practices.

      (g) Gerson therapy and colostrum therapy.

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

      (i) Herbology and herbalism.

      (j) Reiki.

      (k) Mind-body healing practices.

      (l) Nondiagnostic iridology.

      (m) Noninvasive instrumentalities.

      (n) Holistic kinesiology.

      Sec. 3. Chapter 630 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 12, inclusive, of this act.

      Sec. 4. 1.  “Genetic counseling” means:

      (a) Obtaining and evaluating the medical histories of patients and their families to determine the risk of medical or genetic conditions in the patient, his or her children and other family members;

      (b) Discussing the features, natural history and means of diagnosing medical or genetic conditions, genetic and environmental factors that affect such conditions and ways to manage the risk related to such conditions;

      (c) Identifying, ordering and coordinating genetic laboratory tests as appropriate to assess the genetics of a patient;

      (d) Integrating the results of genetic laboratory tests and other diagnostic studies with the medical histories of patients and their families to assess and communicate the existence and severity of risk factors for medical or genetic conditions;

      (e) Explaining the clinical implications and results of a genetic laboratory test;

      (f) Evaluating the responses of a patient or the family of a patient to learning of a genetic or medical condition or the risk of such a condition occurring or recurring and providing patient-centered counseling and anticipatory guidance;

      (g) Identifying and utilizing resources in the community that provide medical, educational, financial and psychosocial support and advocacy for persons who have or are at risk of having medical or genetic conditions; and

      (h) Providing written documentation of medical and genetic information, and counseling relating to such information, for patients, families of patients and providers of health care.

      2.  The term does not include diagnosis or treatment.

      Sec. 5. “Genetic counselor” means a person who is licensed to engage in the practice of genetic counseling by the Board.

      Sec. 5.3. “Genetic information” includes, without limitation, information concerning:

      1.  A genetic test performed on a person;

      2.  A genetic test performed on the family members of a person;

      3.  A disease or condition that occurs or has occurred in the family members of a person; or

 


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      4.  Genetic counseling or genetic education services provided to a person.

      Sec. 5.6. “Genetic test” means a test, including a laboratory test that uses deoxyribonucleic acid extracted from the cells of a person or a diagnostic test, to determine the presence of abnormalities or deficiencies, including carrier status, that:

      1.  Are linked to physical or mental disorders or impairments; or

      2.  Indicate a susceptibility to illness, disease, impairment or any other disorder, whether physical or mental.

      Sec. 5.9. 1.  The Genetic Counseling Advisory Council is hereby created.

      2.  The Board shall appoint to the Advisory Council:

      (a) One physician licensed in this State who has experience in the field of genetics;

      (b) Three members who hold a valid certification issued by the American Board of Genetic Counseling, or its successor organization, and are actively engaged in the practice of genetic counseling; and

      (c) One member who is a representative of the public.

      3.  Each member of the Advisory Council must be a resident of this State.

      4.  After the initial terms, the members of the Advisory Council must be appointed to terms of 2 years. Members may be reappointed.

      5.  A vacancy on the Advisory Council must be filled in the same manner as the original appointment for the remainder of the unexpired term.

      6.  The Board may remove a member of the Advisory Council for incompetence, neglect of duty, moral turpitude or malfeasance in office.

      7.  The members of the Advisory Council are not entitled to compensation.

      8.  The Advisory Council shall:

      (a) Elect from its members a Chair and any other officers determined necessary by the members of the Advisory Council at the first meeting of each year;

      (b) Meet at least two times each year at the call of the Chair of the Advisory Council; and

      (c) Advise the Board on the adoption of regulations concerning the practice of genetic counseling and other matters related to the practice of genetic counseling.

      9.  A majority of the members of the Advisory Council constitutes a quorum for the transaction of the business of the Advisory Council.

      Sec. 6. The Board shall adopt regulations regarding the licensure and practice of genetic counselors, including, without limitation, regulations:

      1.  Adopting by reference the Code of Ethics published by the National Society of Genetic Counselors, or its successor organization, as a code of ethics governing the professional conduct of genetic counselors;

      2.  Defining “temporary basis” for the purposes of subsection 3 of section 9 of this act; and

      3.  Establishing the requirements for the renewal of a license, in addition to those set forth in section 10 of this act.

      Sec. 7. To be eligible for licensing by the Board as a genetic counselor, an applicant must:

      1.  Be a natural person of good moral character;

      2.  Submit a completed application as required by the Board by the date established by the Board;

 


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      3.  Submit the fee prescribed by the Board pursuant to NRS 630.268;

      4.  Have received a master’s degree or higher in genetic counseling from a program in genetic counseling that is:

      (a) Accredited by the Accreditation Council for Genetic Counseling, or its successor organization; or

      (b) Located in a foreign country and has educational standards that are at least as stringent as those established by the Accreditation Council for Genetic Counseling, or its successor organization, as determined by the Board;

      5.  Pass the examination administered by the American Board of Genetic Counseling, or its successor organization, or the examination in clinical genetics and genomics administered by the American Board of Medical Genetics and Genomics, or its successor organization; and

      6.  Hold a valid certification issued by the American Board of Genetic Counseling, or its successor organization.

      Sec. 8. 1.  The Board may issue a temporary license to practice as a genetic counselor to a person who:

      (a) Has satisfied all requirements for licensure except the requirements of subsections 5 and 6 of section 7 of this act; and

      (b) Submits the fee prescribed by the Board pursuant to NRS 630.268.

      2.  Except as otherwise provided in subsections 3 and 4, a temporary license to practice as a genetic counselor issued pursuant to this section expires on the earlier of:

      (a) The issuance to the temporarily licensed genetic counselor of a license as a genetic counselor pursuant to section 7 of this act;

      (b) If the temporarily licensed genetic counselor passes an examination described in subsection 5 of section 7 of this act, 30 days after the results of the examination are issued by the administering organization; or

      (c) One year after the date on which the temporarily licensed genetic counselor temporary license is issued pursuant to this section.

      3.  The Board may renew a temporary license issued pursuant to this section once for good cause, as determined by the Board, if the temporarily licensed genetic counselor:

      (a) Maintains active status as a candidate with the American Board of Genetic Counseling, or its successor organization; and

      (b) Submits the fee prescribed by the Board pursuant to NRS 630.268.

      4.  If the Board renews a temporary license pursuant to subsection 3, the Board shall prescribe the length of time for which the temporary license remains valid.

      5.  A temporarily licensed genetic counselor may practice genetic counseling only under the supervision of a genetic counselor or a physician. The supervisor shall assess the work of the temporarily licensed genetic counselor, but is not required to be present while the temporarily licensed genetic counselor is practicing genetic counseling.

      6.  Before commencing a supervisory relationship pursuant to subsection 5 and annually thereafter for the duration of the supervisory relationship, a supervisor and a temporarily licensed genetic counselor must enter into a contract that prescribes the responsibilities of the supervisor and the temporarily licensed genetic counselor.

      7.  The Board may adopt regulations establishing additional requirements for the supervision of a temporarily licensed genetic counselor pursuant to subsection 5.

 


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      Sec. 9. 1.  A student who is enrolled in a program in genetic counseling described in subsection 4 of section 7 of this act and who does not hold a license to practice genetic counseling may assist a genetic counselor in the practice of genetic counseling if such assistance is within the scope of the education and training of the student.

      2.  Any other person who is not licensed to practice genetic counseling may assist a physician, osteopathic physician, physician assistant licensed pursuant to this chapter or chapter 633 of NRS, advanced practice registered nurse or genetic counselor in the practice of genetic counseling under the direct supervision of a physician, osteopathic physician, physician assistant, advanced practice registered nurse or genetic counselor who is on the same premises where the assistance is being provided.

      3.  A person who is not licensed to practice genetic counseling in this State, the District of Columbia or any state or territory of the United States but holds a valid certification issued by the American Board of Genetic Counseling, or its successor organization, may provide consulting services related to genetic counseling in this State on a temporary basis if he or she receives authorization from the Board.

      4.  A physician or physician assistant who engages in genetic counseling as part of his or her practice of medicine or practice as a physician assistant, as applicable, is not required to obtain a license as a genetic counselor.

      Sec. 10. 1.  Each license issued pursuant to section 7 of this act expires on June 30 or, if June 30 is a Saturday, Sunday or legal holiday, on the next business day after June 30, of every odd-numbered year and may be renewed if, before the license expires, the holder of the license submits to the Board:

      (a) A completed application for renewal on a form prescribed by the Board;

      (b) Proof that the applicant has successfully completed at least 20 hours of continuing education approved by the National Society of Genetic Counselors, or its successor organization, since the license was issued or most recently renewed, as applicable;

      (c) Proof that the applicant holds a valid certification issued by the American Board of Genetic Counseling, or its successor organization;

      (d) Proof that the applicant has satisfied any other requirements prescribed by the regulations adopted by the Board pursuant to section 6 of this act; and

      (e) The applicable fee for renewal of the license prescribed by the Board pursuant to NRS 630.268.

      2.  The Board shall send a notice of renewal to each licensee not later than 60 days before his or her license expires. The notice must include the amount of the fee for renewal of the license.

      Sec. 11. 1.  If a genetic counselor desires to surrender his or her license, the genetic counselor shall submit to the Board a sworn written statement of surrender of the license and the actual license issued to him or her. The Board may accept or reject the surrender of the license and may negotiate stipulations for accepting the surrender of the license.

      2.  If the Board accepts the surrender of a license pursuant to subsection 1, the Board may restore the license at a later date under such conditions as the Board deems appropriate.

 


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      Sec. 12. 1.  The following acts constitute grounds for initiating disciplinary action against a genetic counselor or denying licensure as a genetic counselor:

      (a) Obtaining, maintaining or renewing or attempting to obtain, maintain or renew a license to practice genetic counseling by bribery, fraud or misrepresentation or by any false, misleading, inaccurate or incomplete statement.

      (b) Disobeying any order of the Board or an investigative committee of the Board.

      (c) Conviction of:

             (1) A crime relating to the practice of genetic counseling;

             (2) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive; or

             (3) Any offense involving moral turpitude.

      (d) Being adjudicated incompetent or incapacitated.

      (e) Advertising the practice of genetic counseling in a false, deceptive or misleading manner.

      (f) Advertising, practicing or attempting to practice genetic counseling under a name other than one’s own.

      (g) Practicing or assisting in the practice of genetic counseling while under the influence of alcohol, any controlled substance or any other substance which impairs the mental capacity of the genetic counselor.

      (h) Violating the Code of Ethics adopted by reference pursuant to section 6 of this act.

      (i) Lack of ability to safely and skillfully practice genetic counseling due to a lack of knowledge or training or the inability to apply professional principles and skills.

      (j) Violating or attempting to violate, or assisting or abetting the violation of, or conspiring to violate any provision of this chapter or the regulations adopted pursuant thereto.

      (k) Any disciplinary action, including, without limitation, the revocation, suspension, modification or limitation of a license to practice genetic counseling, taken by another state, the Federal Government, a foreign country or any other jurisdiction or the surrender of the license or discontinuing the practice of genetic counseling while under investigation by any licensing authority, a medical facility, a branch of the Armed Forces of the United States, an insurance company, an agency of the Federal Government or an employer.

      (l) Failure to be found competent to practice genetic counseling as a result of an examination to determine competency pursuant to NRS 630.318.

      (m) Performing or supervising the performance of a pelvic examination in violation of NRS 629.085.

      (n) Operation of a medical facility at any time during which:

             (1) The license of the facility is suspended or revoked; or

             (2) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.

      (o) Any other grounds specified by regulation of the Board.

      2.  A genetic counselor shall notify the Board not later than 48 hours after the certification of the genetic counselor by the American Board of Genetic Counseling, or its successor organization, lapses or is revoked.

 


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Genetic Counseling, or its successor organization, lapses or is revoked. Upon receipt of such notification, the Board shall immediately revoke the license of the genetic counselor.

      Sec. 13. NRS 630.003 is hereby amended to read as follows:

      630.003  1.  The Legislature finds and declares that:

      (a) It is among the responsibilities of State Government to ensure, as far as possible, that only competent persons practice medicine, genetic counseling, perfusion and respiratory care within this State;

      (b) For the protection and benefit of the public, the Legislature delegates to the Board of Medical Examiners the power and duty to determine the initial and continuing competence of physicians, genetic counselors, perfusionists, physician assistants, anesthesiologist assistants and practitioners of respiratory care who are subject to the provisions of this chapter;

      (c) The Board must exercise its regulatory power to ensure that the interests of the medical profession do not outweigh the interests of the public;

      (d) The Board must ensure that unfit physicians, genetic counselors, perfusionists, physician assistants, anesthesiologist assistants and practitioners of respiratory care are removed from [the medical profession] those professions so that they will not cause harm to the public; and

      (e) The Board must encourage and allow for public input into its regulatory activities to further improve the quality of medical practice within this State.

      2.  The powers conferred upon the Board by this chapter must be liberally construed to carry out these purposes for the protection and benefit of the public.

      Sec. 14. NRS 630.005 is hereby amended to read as follows:

      630.005  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 630.007 to 630.026, inclusive, and sections 4 to 5.6, inclusive, of this act have the meanings ascribed to them in those sections.

      Sec. 15. NRS 630.045 is hereby amended to read as follows:

      630.045  1.  The purpose of licensing physicians, genetic counselors, perfusionists, physician assistants, anesthesiologist assistants and practitioners of respiratory care is to protect the public health and safety and the general welfare of the people of this State.

      2.  Any license issued pursuant to this chapter is a revocable privilege.

      Sec. 16. NRS 630.047 is hereby amended to read as follows:

      630.047  1.  This chapter does not apply to:

      (a) A medical officer [or] , genetic counselor, perfusionist or practitioner of respiratory care of the Armed Forces or a medical officer [or] , genetic counselor, perfusionist or practitioner of respiratory care of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455;

      (b) Physicians who are called into this State, other than on a regular basis, for consultation with or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside;

      (c) Physicians who are legally qualified to practice in the state where they reside and come into this State on an irregular basis to:

             (1) Obtain medical training approved by the Board from a physician who is licensed in this State; or

             (2) Provide medical instruction or training approved by the Board to physicians licensed in this State;

 


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      (d) Physicians who are temporarily exempt from licensure pursuant to NRS 630.2665 and are practicing medicine within the scope of the exemption;

      (e) Any person permitted to practice any other healing art under this title who does so within the scope of that authority, or healing by faith or Christian Science;

      (f) The practice of respiratory care by a student as part of a program of study in respiratory care that is approved by the Board, or is recognized by a national organization which is approved by the Board to review such programs, if the student is enrolled in the program and provides respiratory care only under the supervision of a practitioner of respiratory care;

      (g) The practice of respiratory care by a student who:

             (1) Is enrolled in a clinical program of study in respiratory care which has been approved by the Board;

             (2) Is employed by a medical facility, as defined in NRS 449.0151; and

             (3) Provides respiratory care to patients who are not in a critical medical condition or, in an emergency, to patients who are in a critical medical condition and a practitioner of respiratory care is not immediately available to provide that care and the student is directed by a physician to provide respiratory care under the supervision of the physician until a practitioner of respiratory care is available;

      (h) The practice of respiratory care by a person on himself or herself or gratuitous respiratory care provided to a friend or a member of a person’s family if the provider of the care does not represent himself or herself as a practitioner of respiratory care;

      (i) A person who is employed by a physician and provides respiratory care or services as a perfusionist under the supervision of that physician;

      (j) The maintenance of medical equipment for perfusion or respiratory care that is not attached to a patient;

      (k) A person who installs medical equipment for respiratory care that is used in the home and gives instructions regarding the use of that equipment if the person is trained to provide such services and is supervised by a provider of health care who is acting within the authorized scope of his or her practice;

      (l) The performance of medical services by a student enrolled in an educational program for a physician assistant which is accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor organization, as part of such a program; [and]

      (m) A physician assistant of any division or department of the United States in the discharge of his or her official duties unless licensure by a state is required by the division or department of the United States [.] ; and

      (n) Any person permitted to practice any other healing art under this title who engages in the practice of genetic counseling within the scope of that authority, if he or she does not represent himself or herself to be licensed pursuant to this chapter.

      2.  This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services outside of a medical school or medical facility by a person who is not a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care in cases of emergency.

 


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κ2025 Statutes of Nevada, Page 1105 (CHAPTER 179, SB 189)κ

 

      (b) The domestic administration of family remedies.

      Sec. 17. NRS 630.049 is hereby amended to read as follows:

      630.049  For the purposes of this chapter, any act that constitutes the practice of medicine or genetic counseling shall be deemed to occur at the place where the patient is located at the time the act is performed.

      Sec. 18. NRS 630.075 is hereby amended to read as follows:

      630.075  1.  The Board may, by majority vote, select physicians, anesthesiologist assistants , genetic counselors and members of the public, who must meet the same qualifications as required for members of the Board, to serve as advisory members of the Board.

      2.  One or more advisory members may be designated by the Board to assist a committee of its members in an investigation as provided in NRS 630.311 but may not vote on any matter before the committee. Advisory members may also serve as members of the panel selected to hear charges as provided in NRS 630.339 and may vote on any recommendation made by the panel to the Board.

      Sec. 19. NRS 630.120 is hereby amended to read as follows:

      630.120  1.  The Board shall procure a seal.

      2.  All licenses issued to physicians, genetic counselors, perfusionists, physician assistants, anesthesiologist assistants and practitioners of respiratory care must bear the seal of the Board and the signatures of its President and Secretary-Treasurer.

      Sec. 20. NRS 630.137 is hereby amended to read as follows:

      630.137  1.  Notwithstanding any other provision of law and except as otherwise provided in this section, the Board shall not adopt any regulations that prohibit or have the effect of prohibiting a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care from collaborating or consulting with another provider of health care.

      2.  The provisions of this section do not prevent the Board from adopting regulations that prohibit a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care from aiding or abetting another person in the unlicensed practice of medicine or the unlicensed practice of genetic counseling, perfusion or respiratory care.

      3.  As used in this section, “provider of health care” has the meaning ascribed to it in NRS 629.031.

      Sec. 21. NRS 630.167 is hereby amended to read as follows:

      630.167  1.  In addition to any other requirements set forth in this chapter, each applicant for a license to practice medicine, including, without limitation, an expedited license pursuant to NRS 630.1606 or 630.1607 or chapter 629A of NRS, and each applicant for a license to practice as a genetic counselor, to practice as a perfusionist, to practice as a physician assistant, to practice as an anesthesiologist assistant or to practice respiratory care shall submit to the Board a complete set of fingerprints and written permission authorizing the Board 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. Any fees or costs charged by the Board for this service pursuant to NRS 630.268 are not refundable.

      2.  Any communication between the Board and the Interstate Medical Licensure Compact Commission created by NRS 629A.100 relating to verification of a physician’s eligibility for expedited licensure pursuant to that section must not include any information received in a report from the Federal Bureau of Investigation relating to a state and federal criminal records check performed for the purposes of an application for an expedited license issued pursuant to NRS 629A.100.

 


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Federal Bureau of Investigation relating to a state and federal criminal records check performed for the purposes of an application for an expedited license issued pursuant to NRS 629A.100.

      Sec. 22. NRS 630.197 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license to practice medicine, to practice as a genetic counselor, to practice as a perfusionist, to practice as a physician assistant, to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care shall include the social security number of the applicant in the application submitted to the Board.

      (b) An applicant for the issuance or renewal of a license to practice medicine, to practice as a genetic counselor, to practice as a perfusionist, to practice as a physician assistant, to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care shall submit to the Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Board.

      3.  A license to practice medicine, to practice as a genetic counselor, to practice as a perfusionist, to practice as a physician assistant, to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care may not be issued or renewed by the Board if the applicant:

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

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

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

      Sec. 23. NRS 630.268 is hereby amended to read as follows:

      630.268  1.  The Board shall charge and collect not more than the following fees:

 

For application for and issuance of a license to practice as a physician, including a license by endorsement............................................................................................................ $600

For application for and issuance of a temporary, locum tenens, limited, restricted, authorized facility, special, special purpose or special event license......................................... 400

For renewal of a limited, restricted, authorized facility or special license       400

 


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For application for and issuance of a license as a physician assistant, including a license by endorsement............................................................................................................ $400

For application for and issuance of a simultaneous license as a physician assistant 200

For biennial registration of a physician assistant................................ 800

For biennial simultaneous registration of a physician assistant....... 400

For biennial registration of a physician................................................ 800

For application for and issuance of a license as a perfusionist or practitioner of respiratory care    400

For biennial renewal of a license as a perfusionist............................. 600

For application for and issuance of a license or temporary license to practice as an anesthesiologist assistant............................................................................................................... 400

For application for and initial issuance of a simultaneous license as an anesthesiologist assistant  200

For biennial registration of an anesthesiologist assistant.................. 800

For biennial simultaneous registration of an anesthesiologist assistant 400

For biennial registration of a practitioner of respiratory care........... 600

For biennial registration for a physician who is on inactive status.. 400

For application for and issuance of a license or temporary license to practice as a genetic counselor 400

For biennial renewal of a license to practice as a genetic counselor or renewal of a temporary license to practice as a genetic counselor...................................................... 600

For written verification of licensure........................................................ 50

For a duplicate identification card........................................................... 25

For a duplicate license............................................................................... 50

For computer printouts or labels............................................................ 500

For verification of a listing of physicians, per hour.............................. 20

For furnishing a list of new physicians................................................. 100

 

      2.  Except as otherwise provided in subsections 4 and 5, in addition to the fees prescribed in subsection 1, the Board shall charge and collect necessary and reasonable fees for the expedited processing of a request or for any other incidental service the Board provides.

      3.  The cost of any special meeting called at the request of a licensee, an institution, an organization, a state agency or an applicant for licensure must be paid for by the person or entity requesting the special meeting. Such a special meeting must not be called until the person or entity requesting it has paid a cash deposit with the Board sufficient to defray all expenses of the meeting.

      4.  If an applicant submits an application for a license by endorsement pursuant to:

      (a) NRS 630.1607, and the applicant is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license. As used in this paragraph, “veteran” has the meaning ascribed to it in NRS 417.005.

 


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      (b) NRS 630.2752, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license.

      5.  If an applicant submits an application for a license by endorsement pursuant to NRS 630.1606 or 630.2751, as applicable, the Board shall charge and collect not more than the fee specified in subsection 1 for the application for and initial issuance of a license.

      Sec. 24. NRS 630.3067 is hereby amended to read as follows:

      630.3067  1.  The insurer of a physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist licensed under this chapter shall report to the Board:

      (a) Any action for malpractice against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist not later than 45 days after the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist receives service of a summons and complaint for the action;

      (b) Any claim for malpractice against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation; and

      (c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition.

      2.  The Board shall report any failure to comply with subsection 1 by an insurer licensed in this State to the Division of Insurance of the Department of Business and Industry. If, after a hearing, the Division of Insurance determines that any such insurer failed to comply with the requirements of subsection 1, the Division may impose an administrative fine of not more than $10,000 against the insurer for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      Sec. 25. NRS 630.3068 is hereby amended to read as follows:

      630.3068  1.  A physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist shall report to the Board:

      (a) Any action for malpractice against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist not later than 45 days after the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist receives service of a summons and complaint for the action;

      (b) Any claim for malpractice against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist that is submitted to arbitration or mediation not later than 45 days after the claim is submitted to arbitration or mediation;

      (c) Any settlement, award, judgment or other disposition of any action or claim described in paragraph (a) or (b) not later than 45 days after the settlement, award, judgment or other disposition, including, without limitation, any amount paid to resolve the claim; and

      (d) Any sanctions imposed against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist that are reportable to the National Practitioner Data Bank not later than 45 days after the sanctions are imposed.

      2.  If the Board finds that a physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist has violated any provision of this section, the Board may impose a fine of not more than $5,000 against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist for each violation, in addition to any other fines or penalties permitted by law.

 


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$5,000 against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist for each violation, in addition to any other fines or penalties permitted by law.

      3.  All reports made by a physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist pursuant to this section are public records.

      Sec. 26. NRS 630.3069 is hereby amended to read as follows:

      630.3069  If the Board receives a report pursuant to the provisions of NRS 630.3067, 630.3068 or 690B.250 indicating that a judgment has been rendered or an award has been made against a physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist regarding an action or claim for malpractice or that such an action or claim against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist has been resolved by settlement, the Board shall conduct an investigation to determine whether to impose disciplinary action against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist regarding the action or claim, unless the Board has already commenced or completed such an investigation regarding the action or claim before it receives the report.

      Sec. 27. NRS 630.307 is hereby amended to read as follows:

      630.307  1.  Except as otherwise provided in subsection 2, any person may file with the Board a complaint against a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care on a form provided by the Board. The form may be submitted in writing or electronically. If a complaint is submitted anonymously, the Board may accept the complaint but may refuse to consider the complaint if the lack of the identity of the complainant makes processing the complaint impossible or unfair to the person who is the subject of the complaint.

      2.  Any licensee, medical school or medical facility that becomes aware that a person practicing medicine, genetic counseling, perfusion or respiratory care in this State has, is or is about to become engaged in conduct which constitutes grounds for initiating disciplinary action shall file a written complaint with the Board within 30 days after becoming aware of the conduct.

      3.  Except as otherwise provided in subsection 4, any hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board any change in the privileges of a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care to practice while the physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care is under investigation and the outcome of any disciplinary action taken by that facility or society against the physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care concerning the care of a patient or the competency of the physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care within 30 days after the change in privileges is made or disciplinary action is taken.

      4.  A hospital, clinic or other medical facility licensed in this State, or medical society, shall report to the Board within 5 days after a change in the privileges of a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care to practice that is based on:

 


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      (a) An investigation of the mental, medical or psychological competency of the physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care; or

      (b) Suspected or alleged substance abuse in any form by the physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care.

      5.  The Board shall report any failure to comply with subsection 3 or 4 by a hospital, clinic or other medical facility licensed in this State to the Division of Public and Behavioral Health of the Department of Health and Human Services. If, after a hearing, the Division of Public and Behavioral Health determines that any such facility or society failed to comply with the requirements of subsection 3 or 4, the Division may impose an administrative fine of not more than $10,000 against the facility or society for each such failure to report. If the administrative fine is not paid when due, the fine must be recovered in a civil action brought by the Attorney General on behalf of the Division.

      6.  The clerk of every court shall report to the Board any finding, judgment or other determination of the court that a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care:

      (a) Is mentally ill;

      (b) Is mentally incompetent;

      (c) Has been convicted of a felony or any law governing controlled substances or dangerous drugs;

      (d) Is guilty of abuse or fraud under any state or federal program providing medical assistance; or

      (e) Is liable for damages for malpractice or negligence,

Κ within 45 days after such a finding, judgment or determination is made.

      7.  The Board shall retain all complaints filed with the Board pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon.

      Sec. 28. NRS 630.309 is hereby amended to read as follows:

      630.309  To institute a disciplinary action against a genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care, a written complaint, specifying the charges, must be filed with the Board by:

      1.  The Board or a committee designated by the Board to investigate a complaint;

      2.  Any member of the Board; or

      3.  Any other person who is aware of any act or circumstance constituting a ground for disciplinary action set forth in the regulations adopted by the Board.

      Sec. 29. NRS 630.318 is hereby amended to read as follows:

      630.318  1.  If the Board or any investigative committee of the Board has reason to believe that the conduct of any physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist has raised a reasonable question as to his or her competence to practice medicine, genetic counseling, respiratory care or perfusion or practice as a physician assistant, as applicable, with reasonable skill and safety to patients, or if the Board has received a report pursuant to the provisions of NRS 630.3067, 630.3068 or 690B.250 indicating that a judgment has been rendered or an award has been made against a physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist regarding an action or claim for malpractice or that such an action or claim against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist has been resolved by settlement, the Board or committee may order that the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist undergo a mental or physical examination, an examination testing his or her competence to practice medicine, genetic counseling, respiratory care or perfusion or practice as a physician assistant, as applicable, or any other examination designated by the Board to assist the Board or committee in determining the fitness of the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist to practice medicine, genetic counseling, respiratory care or perfusion or practice as a physician assistant, as applicable.

 


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malpractice or that such an action or claim against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist has been resolved by settlement, the Board or committee may order that the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist undergo a mental or physical examination, an examination testing his or her competence to practice medicine, genetic counseling, respiratory care or perfusion or practice as a physician assistant, as applicable, or any other examination designated by the Board to assist the Board or committee in determining the fitness of the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist to practice medicine, genetic counseling, respiratory care or perfusion or practice as a physician assistant, as applicable.

      2.  For the purposes of this section:

      (a) Every physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist who applies for a license or who is licensed under this chapter shall be deemed to have given consent to submit to a mental or physical examination or an examination testing his or her competence to practice medicine, genetic counseling, respiratory care or perfusion or practice as a physician assistant, as applicable, when ordered to do so in writing by the Board or an investigative committee of the Board.

      (b) The testimony or reports of a person who conducts an examination of a physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist on behalf of the Board or an investigative committee of the Board pursuant to this section are not privileged communications.

      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist licensed under this chapter to submit to an examination when directed as provided in this section constitutes an admission of the charges against the physician, physician assistant, genetic counselor, practitioner of respiratory care or perfusionist.

      Sec. 30. NRS 630.326 is hereby amended to read as follows:

      630.326  1.  If an investigation by the Board regarding a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care reasonably determines that the health, safety or welfare of the public or any patient served by the licensee is at risk of imminent or continued harm, the Board may summarily suspend the license of the licensee pending the conclusion of a hearing to consider a formal complaint against the licensee. The order of summary suspension may be issued only by the Board or an investigative committee of the Board.

      2.  If the Board or an investigative committee of the Board issues an order summarily suspending the license of a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care pursuant to subsection 1, the Board shall hold a hearing not later than 60 days after the date on which the order is issued, unless the Board and the licensee mutually agree to a longer period, to determine whether a reasonable basis exists to continue the suspension of the license pending the conclusion of a hearing to consider a formal complaint against the licensee. If no formal complaint against the licensee is pending before the Board on the date on which a hearing is held pursuant to this section, the Board shall reinstate the license of the licensee.

      3.  If the Board or an investigative committee of the Board issues an order summarily suspending the license of a licensee pursuant to subsection 1 and the Board requires the licensee to submit to a mental or physical examination or an examination testing his or her competence to practice, the examination must be conducted and the results obtained not later than 30 days after the order is issued.

 


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examination or an examination testing his or her competence to practice, the examination must be conducted and the results obtained not later than 30 days after the order is issued.

      Sec. 31. NRS 630.329 is hereby amended to read as follows:

      630.329  If the Board issues an order suspending the license of a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care pending proceedings for disciplinary action, including, without limitation, a summary suspension pursuant to NRS 233B.127, the court shall not stay that order.

      Sec. 32. NRS 630.336 is hereby amended to read as follows:

      630.336  1.  Any deliberations conducted or vote taken by the Board or any investigative committee of the Board regarding its ordering of a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care to undergo a physical or mental examination or any other examination designated to assist the Board or committee in determining the fitness of a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care are not subject to the requirements of NRS 241.020.

      2.  Except as otherwise provided in subsection 3 or 4, all applications for a license to practice medicine, genetic counseling, perfusion or respiratory care, any charges filed by the Board, financial records of the Board, formal hearings on any charges heard by the Board or a panel selected by the Board, records of such hearings and any order or decision of the Board or panel must be open to the public.

      3.  Except as otherwise provided in NRS 239.0115, the following may be kept confidential:

      (a) Any statement, evidence, credential or other proof submitted in support of or to verify the contents of an application;

      (b) Any report concerning the fitness of any person to receive or hold a license to practice medicine, genetic counseling, perfusion or respiratory care; and

      (c) Any communication between:

             (1) The Board and any of its committees or panels; and

             (2) The Board or its staff, investigators, experts, committees, panels, hearing officers, advisory members or consultants and counsel for the Board.

      4.  Except as otherwise provided in subsection 5 and NRS 239.0115, a complaint filed with the Board pursuant to NRS 630.307, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

      5.  The formal complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

      6.  The Board shall, to the extent feasible, communicate or cooperate with or provide any documents or other information to any other licensing board or agency or any agency which is investigating a person, including a law enforcement agency. Such cooperation may include, without limitation, providing the board or agency with minutes of a closed meeting, transcripts of oral examinations and the results of oral examinations.

 


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      Sec. 33. NRS 630.346 is hereby amended to read as follows:

      630.346  In any disciplinary hearing:

      1.  The Board, a panel of the members of the Board and a hearing officer are not bound by formal rules of evidence, except that evidence must be taken and considered in the hearing pursuant to NRS 233B.123, and a witness must not be barred from testifying solely because the witness was or is incompetent.

      2.  A finding of the Board must be supported by a preponderance of the evidence.

      3.  Proof of actual injury need not be established.

      4.  A certified copy of the record of a court or a licensing agency showing a conviction or plea of nolo contendere or the suspension, revocation, limitation, modification, denial or surrender of a license to practice medicine, genetic counseling, perfusion or respiratory care is conclusive evidence of its occurrence.

      Sec. 34. NRS 630.358 is hereby amended to read as follows:

      630.358  1.  Any person:

      (a) Whose practice of medicine, genetic counseling, perfusion or respiratory care has been limited; or

      (b) Whose license to practice medicine, genetic counseling, perfusion or respiratory care has been:

             (1) Suspended until further order; or

             (2) Revoked,

Κ by an order of the Board, may apply to the Board for removal of the limitation or restoration of the license.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination or an examination testing his or her competence to practice medicine, genetic counseling, perfusion or respiratory care by physicians, genetic counselors, perfusionists or practitioners of respiratory care, as appropriate, or other examinations it designates and submit such other evidence of changed conditions and of fitness as it deems proper;

      (b) Shall determine whether under all the circumstances the time of the application is reasonable; and

      (c) May deny the application or modify or rescind its order as it deems the evidence and the public safety warrants.

      3.  The licensee has the burden of proving by clear and convincing evidence that the requirements for restoration of the license or removal of the limitation have been met.

      4.  The Board shall not restore a license unless it is satisfied that the person has complied with all of the terms and conditions set forth in the final order of the Board and that the person is capable of practicing medicine, genetic counseling, perfusion or respiratory care in a safe manner.

      5.  To restore a license that has been revoked by the Board, the applicant must apply for a license and take an examination as though the applicant had never been licensed under this chapter.

      Sec. 35. NRS 630.366 is hereby amended to read as follows:

      630.366  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to practice medicine, to practice as a genetic counselor, to practice as a perfusionist, to practice as a physician assistant, to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care, the Board 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 Board 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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practitioner of respiratory care, the Board 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 Board 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 Board shall reinstate a license to practice medicine, to practice as a genetic counselor, to practice as a perfusionist, to practice as a physician assistant, to practice as an anesthesiologist assistant or to practice as a practitioner of respiratory care that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license 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. 36. NRS 630.388 is hereby amended to read as follows:

      630.388  1.  In addition to any other remedy provided by law, the Board, through its President or Secretary-Treasurer or the Attorney General, may apply to any court of competent jurisdiction:

      (a) To enjoin any prohibited act or other conduct of a licensee which is harmful to the public;

      (b) To enjoin any person who is not licensed under this chapter from practicing medicine, genetic counseling, perfusion or respiratory care;

      (c) To limit the practice of a physician, genetic counselor, perfusionist, physician assistant, anesthesiologist assistant or practitioner of respiratory care, or suspend his or her license to practice;

      (d) To enjoin the use of the title “P.A.,” “P.A.-C,” “C.A.A.,” “R.C.P.” or any other word, combination of letters or other designation intended to imply or designate a person as a physician assistant, anesthesiologist assistant or practitioner of respiratory care, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute; [or]

      (e) To enjoin the use of the title “L.P.,” “T.L.P.,” “licensed perfusionist,” “temporarily licensed perfusionist” or any other word, combination of letters or other designation intended to imply or designate a person as a perfusionist, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute [.] ; or

      (f) To enjoin the use of the title “G.A.,” “G.C.,” “L.G.C.,” “R.G.C.,” “genetic associate,” “genetic counselor,” “licensed genetic counselor,” “registered genetic counselor” or any other word, combination of letters or other designation intended to imply or designate a person as a genetic counselor, when not licensed by the Board pursuant to this chapter, unless the use is otherwise authorized by a specific statute.

      2.  The court in a proper case may issue a temporary restraining order or a preliminary injunction for the purposes set forth in subsection 1:

      (a) Without proof of actual damage sustained by any person;

      (b) Without relieving any person from criminal prosecution for engaging in the practice of medicine, genetic counseling, perfusion or respiratory care without a license; and

      (c) Pending proceedings for disciplinary action by the Board.

      Sec. 37. NRS 630.390 is hereby amended to read as follows:

      630.390  In seeking injunctive relief against any person for an alleged violation of this chapter by practicing medicine, genetic counseling, perfusion or respiratory care without a license, it is sufficient to allege that the person did, upon a certain day, and in a certain county of this State, engage in the practice of medicine, genetic counseling, perfusion or respiratory care without having a license to do so, without alleging any further or more particular facts concerning the same.

 


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the person did, upon a certain day, and in a certain county of this State, engage in the practice of medicine, genetic counseling, perfusion or respiratory care without having a license to do so, without alleging any further or more particular facts concerning the same.

      Sec. 38. NRS 630.395 is hereby amended to read as follows:

      630.395  Any member or agent of the Board may enter any premises in this State where a person who holds a license issued pursuant to the provisions of this chapter practices medicine, genetic counseling, perfusion or respiratory care and inspect it to determine whether a violation of any provision of this chapter has occurred, including, without limitation:

      1.  An inspection to determine whether any person at the premises is practicing medicine, genetic counseling, perfusion or respiratory care without the appropriate license issued pursuant to the provisions of this chapter; or

      2.  An inspection to determine whether any physician is allowing a person to perform or participate in any activity under the supervision of the physician for the purpose of receiving credit toward a degree of doctor of medicine, osteopathy or osteopathic medicine in violation of the provisions of NRS 630.3745.

      Sec. 39. NRS 630.397 is hereby amended to read as follows:

      630.397  Unless the Board determines that extenuating circumstances exist, the Board shall forward to the appropriate law enforcement agency any substantiated information submitted to the Board concerning a person who practices or offers to practice medicine, genetic counseling, perfusion or respiratory care without the appropriate license issued pursuant to the provisions of this chapter.

      Sec. 40. NRS 630.400 is hereby amended to read as follows:

      630.400  1.  It is unlawful for any person to:

      (a) Present to the Board as his or her own the diploma, license or credentials of another;

      (b) Give either false or forged evidence of any kind to the Board;

      (c) Practice medicine, genetic counseling, perfusion or respiratory care under a false or assumed name or falsely personate another licensee;

      (d) Except as otherwise provided by a specific statute, practice medicine, genetic counseling, perfusion or respiratory care without being licensed under this chapter;

      (e) Hold himself or herself out as a perfusionist or use any other term indicating or implying that he or she is a perfusionist without being licensed by the Board;

      (f) Hold himself or herself out as a physician assistant or use any other term indicating or implying that he or she is a physician assistant without being licensed by the Board;

      (g) Hold himself or herself out as an anesthesiologist assistant or use any other term indicating or implying that he or she is an anesthesiologist assistant without being licensed by the Board; [or]

      (h) Hold himself or herself out as a practitioner of respiratory care or use any other term indicating or implying that he or she is a practitioner of respiratory care without being licensed by the Board [.] ; or

      (i) Hold himself or herself out as a genetic counselor or use any other term indicating or implying that he or she is a genetic counselor without being licensed by the Board.

      2.  Unless a greater penalty is provided pursuant to NRS 200.830 or 200.840, a person who violates any provision of subsection 1:

 


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      (a) If no substantial bodily harm results, is guilty of a category D felony; or

      (b) If substantial bodily harm results, is guilty of a category C felony,

Κ and shall be punished as provided in NRS 193.130.

      3.  In addition to any other penalty prescribed by law, if the Board determines that a person has committed any act described in subsection 1, the Board may:

      (a) Issue and serve on the person an order to cease and desist until the person obtains from the Board the proper license or otherwise demonstrates that he or she is no longer in violation of subsection 1. An order to cease and desist must include a telephone number with which the person may contact the Board.

      (b) Issue a citation to the person. A citation issued pursuant to this paragraph must be in writing, describe with particularity the nature of the violation and inform the person of the provisions of this paragraph. Each activity in which the person is engaged constitutes a separate offense for which a separate citation may be issued. To appeal a citation, the person must submit a written request for a hearing to the Board not later than 30 days after the date of issuance of the citation.

      (c) Assess against the person an administrative fine of not more than $5,000.

      (d) Impose any combination of the penalties set forth in paragraphs (a), (b) and (c).

      Sec. 41. NRS 630A.090 is hereby amended to read as follows:

      630A.090  1.  This chapter does not apply to:

      (a) The practice of genetic counseling, dentistry, chiropractic, naprapathy, Oriental medicine, podiatry, optometry, perfusion, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

      (b) A medical officer of the Armed Forces or a medical officer of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

      (c) Licensed or certified nurses in the discharge of their duties as nurses.

      (d) Homeopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to any physician licensed in this State, and who are legally qualified to practice in the state or country where they reside.

      2.  This chapter does not repeal or affect any statute of Nevada regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services of a person in case of emergency.

      (b) The domestic administration of family remedies.

      4.  This chapter does not authorize a homeopathic physician to practice medicine, including allopathic medicine, except as otherwise provided in NRS 630A.040.

      Sec. 42. 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, genetic counselor, 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.

 


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medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, genetic counselor, 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.

      (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.

      (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.

      (b) “Community health worker pool” has the meaning ascribed to it in NRS 449.0028.

 


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      (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. 43. NRS 633.171 is hereby amended to read as follows:

      633.171  1.  This chapter does not apply to:

      (a) The practice of medicine , genetic counseling or perfusion pursuant to chapter 630 of NRS, dentistry, chiropractic, naprapathy, podiatry, optometry, respiratory care, faith or Christian Science healing, nursing, veterinary medicine or fitting hearing aids.

      (b) A medical officer of the Armed Forces or a medical officer of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing medical care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

      (c) Osteopathic physicians who are called into this State, other than on a regular basis, for consultation or assistance to a physician licensed in this State, and who are legally qualified to practice in the state where they reside.

      (d) Osteopathic physicians who are temporarily exempt from licensure pursuant to NRS 633.420 and are practicing osteopathic medicine within the scope of the exemption.

      (e) The performance of medical services by a student enrolled in an educational program for a physician assistant which is accredited by the Accreditation Review Commission on Education for the Physician Assistant, Inc., or its successor organization, as part of such a program.

      (f) A physician assistant of any division or department of the United States in the discharge of his or her official duties unless licensure by a state is required by the division or department of the United States.

      (g) Any person permitted to practice any other healing art under this title who does so within the scope of that authority.

      2.  This chapter does not repeal or affect any law of this State regulating or affecting any other healing art.

      3.  This chapter does not prohibit:

      (a) Gratuitous services of a person in cases of emergency.

      (b) The domestic administration of family remedies.

      Sec. 44. NRS 640E.090 is hereby amended to read as follows:

      640E.090  1.  The provisions of this chapter do not apply to:

      (a) Any person who is licensed or registered in this State as a physician pursuant to chapter 630, 630A or 633 of NRS, genetic counselor, dentist, nurse, dispensing optician, optometrist, occupational therapist, practitioner of respiratory care, physical therapist, podiatric physician, psychologist, marriage and family therapist, chiropractic physician, naprapath, athletic trainer, massage therapist, reflexologist, structural integration practitioner, perfusionist, doctor of Oriental medicine in any form, medical laboratory director or technician or pharmacist who:

             (1) Practices within the scope of that license or registration;

             (2) Does not represent that he or she is a licensed dietitian or registered dietitian; and

             (3) Provides nutrition information incidental to the practice for which he or she is licensed or registered.

      (b) A student enrolled in an educational program accredited by the Accreditation Council for Education in Nutrition and Dietetics, or its successor organization, if the student engages in the practice of dietetics under the supervision of a licensed dietitian or registered dietitian as part of that educational program.

 


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successor organization, if the student engages in the practice of dietetics under the supervision of a licensed dietitian or registered dietitian as part of that educational program.

      (c) A registered dietitian employed by the Armed Forces of the United States, the United States Department of Veterans Affairs or any division or department of the Federal Government in the discharge of his or her official duties, including, without limitation, the practice of dietetics or providing nutrition services.

      (d) A person who furnishes nutrition information, provides recommendations or advice concerning nutrition, or markets food, food materials or dietary supplements and provides nutrition information, recommendations or advice related to that marketing, if the person does not represent that he or she is a licensed dietitian or registered dietitian. While performing acts described in this paragraph, a person shall be deemed not to be engaged in the practice of dietetics or the providing of nutrition services.

      (e) A person who provides services relating to weight loss or weight control through a program reviewed by and in consultation with a licensed dietitian or physician or a dietitian licensed or registered in another state which has equivalent licensure requirements as this State, as long as the person does not change the services or program without the approval of the person with whom he or she is consulting.

      2.  As used in this section, “nutrition information” means information relating to the principles of nutrition and the effect of nutrition on the human body, including, without limitation:

      (a) Food preparation;

      (b) Food included in a normal daily diet;

      (c) Essential nutrients required by the human body and recommended amounts of essential nutrients, based on nationally established standards;

      (d) The effect of nutrients on the human body and the effect of deficiencies in or excess amounts of nutrients in the human body; and

      (e) Specific foods or supplements that are sources of essential nutrients.

      Sec. 45. NRS 7.095 is hereby amended to read as follows:

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

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

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

      4.  As used in this section:

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

 


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

      Sec. 46. NRS 41A.017 is hereby amended to read as follows:

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

      Sec. 47. NRS 42.021 is hereby amended to read as follows:

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

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

      (a) Recover any amount against the plaintiff; or

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

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

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

      5.  A judgment ordering the payment of future damages by periodic payments entered pursuant to subsection 3 must specify the recipient or recipients of the payments, the dollar amount of the payments, the interval between payments, and the number of payments or the period of time over which payments will be made.

 


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

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

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

      8.  As used in this section:

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

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

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

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

      Sec. 48. NRS 49.215 is hereby amended to read as follows:

      49.215  As used in NRS 49.215 to 49.245, inclusive:

      1.  A communication is “confidential” if it is not intended to be disclosed to third persons other than:

      (a) Those present to further the interest of the patient in the consultation, examination or interview;

      (b) Persons reasonably necessary for the transmission of the communication; or

      (c) Persons who are participating in the diagnosis and treatment under the direction of the doctor, including members of the patient’s family.

      2.  “Doctor” means a person licensed to practice medicine, genetic counseling, dentistry or osteopathic medicine, chiropractic or naprapathy in any state or nation, or a person who is reasonably believed by the patient to be so licensed, and in addition includes a person employed by a public or private agency as a psychiatric social worker, or someone under his or her guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.

 


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any state or nation, or a person who is reasonably believed by the patient to be so licensed, and in addition includes a person employed by a public or private agency as a psychiatric social worker, or someone under his or her guidance, direction or control, while engaged in the examination, diagnosis or treatment of a patient for a mental condition.

      3.  “Patient” means a person who consults or is examined or interviewed by a doctor for purposes of diagnosis or treatment.

      Sec. 49. NRS 52.320 is hereby amended to read as follows:

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

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

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

      Sec. 50. NRS 89.050 is hereby amended to read as follows:

      89.050  1.  Except as otherwise provided in subsection 2, a professional entity may be organized only for the purpose of rendering one specific type of professional service and may not engage in any business other than rendering the professional service for which it was organized and services reasonably related thereto, except that a professional entity may own real and personal property appropriate to its business and may invest its money in any form of real property, securities or any other type of investment.

      2.  A professional entity may be organized to render a professional service relating to:

      (a) Architecture, interior design, residential design, engineering and landscape architecture, or any combination thereof, and may be composed of persons:

             (1) Engaged in the practice of architecture as provided in chapter 623 of NRS;

             (2) Practicing as a registered interior designer as provided in chapter 623 of NRS;

             (3) Engaged in the practice of residential design as provided in chapter 623 of NRS;

             (4) Engaged in the practice of landscape architecture as provided in chapter 623A of NRS; and

             (5) Engaged in the practice of professional engineering as provided in chapter 625 of NRS.

      (b) Medicine, genetic counseling, homeopathy, osteopathy, naprapathy, chiropractic and psychology, or any combination thereof, and may be composed of persons engaged in the practice of:

             (1) Medicine or genetic counseling as provided in chapter 630 of NRS;

             (2) Homeopathic medicine as provided in chapter 630A of NRS;

             (3) Osteopathic medicine as provided in chapter 633 of NRS;

             (4) Chiropractic as provided in chapter 634 of NRS;

             (5) Naprapathy as provided in chapter 634B of NRS; and

 


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             (6) Psychology and licensed to provide services pursuant to chapter 641 of NRS.

Κ Such a professional entity may market and manage additional professional entities which are organized to render a professional service relating to medicine, genetic counseling, homeopathy, osteopathy, naprapathy, chiropractic and psychology.

      (c) Mental health services, and may be composed of the following persons, in any number and in any combination:

             (1) Any psychologist who is licensed to practice in this State;

             (2) Any social worker who holds a master’s degree in social work and who is licensed by this State as a clinical social worker;

             (3) Any registered nurse who is licensed to practice professional nursing in this State and who holds a master’s degree in the field of psychiatric nursing;

             (4) Any marriage and family therapist who is licensed by this State pursuant to chapter 641A of NRS; and

             (5) Any clinical professional counselor who is licensed by this State pursuant to chapter 641A of NRS.

Κ Such a professional entity may market and manage additional professional entities which are organized to render a professional service relating to mental health services pursuant to this paragraph.

      3.  A professional entity may render a professional service only through its officers, managers and employees who are licensed or otherwise authorized by law to render the professional service.

      Sec. 51. 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 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 genetic counselor, 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. 52. 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, genetic counselor, 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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providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

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

      (c) A coroner.

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

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

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

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

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

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

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

      (k) Every social worker.

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

      (m) Every person who operates or is employed by a 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.

 


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

      (a) Aging and Disability Services Division;

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

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

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

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

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

      Sec. 53. NRS 202.2491 is hereby amended to read as follows:

      202.2491  1.  Except as otherwise provided in subsections 5 and 6 and NRS 202.24915, the smoking of tobacco in any form is prohibited if done in any:

      (a) Public elevator.

      (b) Public building.

      (c) Public waiting room, lobby or hallway of any:

             (1) Medical facility or facility for the dependent as defined in chapter 449 of NRS; or

             (2) Office of any chiropractic physician, naprapath, dentist, physical therapist, physician, genetic counselor, podiatric physician, psychologist, optician, optometrist or doctor of Oriental medicine.

      (d) Hotel or motel when so designated by the operator thereof.

      (e) Public area of a store principally devoted to the sale of food for human consumption off the premises.

      (f) Child care facility.

      (g) Bus used by the general public, other than a chartered bus, or in any maintenance facility or office associated with a bus system operated by any regional transportation commission.

      (h) School bus.

      (i) Video arcade.

      2.  The person in control of an area listed in paragraph (c), (d), (e) or (g) of subsection 1:

      (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

      (b) May designate separate rooms or portions of the area which may be used for smoking, except for a room or portion of the area of a store described in paragraph (e) of subsection 1 if the room or portion of the area:

             (1) Is leased to or operated by a person licensed pursuant to NRS 463.160; and

 


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             (2) Does not otherwise qualify for an exemption set forth in NRS 202.24915.

      3.  The person in control of a public building:

      (a) Shall post in the area signs prohibiting smoking in any place not designated for that purpose as provided in paragraph (b).

      (b) Shall, except as otherwise provided in this subsection, designate a separate area which may be used for smoking.

Κ A school district which prohibits the use of tobacco by pupils need not designate an area which may be used by the pupils to smoke.

      4.  The operator of a restaurant with a seating capacity of 50 or more shall maintain a flexible nonsmoking area within the restaurant and offer each patron the opportunity to be seated in a smoking or nonsmoking area.

      5.  A business which derives more than 50 percent of its gross receipts from the sale of alcoholic beverages or 50 percent of its gross receipts from gaming operations may be designated as a smoking area in its entirety by the operator of the business.

      6.  The smoking of tobacco is not prohibited in:

      (a) Any room or area designated for smoking pursuant to paragraph (b) of subsection 2 or paragraph (b) of subsection 3.

      (b) A licensed gaming establishment. A licensed gaming establishment may designate separate rooms or areas within the establishment which may or may not be used for smoking.

      7.  As used in this section:

      (a) “Child care facility” means an establishment operated and maintained to furnish care on a temporary or permanent basis, during the day or overnight, to five or more children under 18 years of age, if compensation is received for the care of any of those children. The term does not include the home of a natural person who provides child care.

      (b) “Licensed gaming establishment” has the meaning ascribed to it in NRS 463.0169.

      (c) “Public building” means any building or office space owned or occupied by:

             (1) Any component of the Nevada System of Higher Education and used for any purpose related to the System.

             (2) The State of Nevada and used for any public purpose, other than that used by the Department of Corrections to house or provide other services to offenders.

             (3) Any county, city, school district or other political subdivision of the State and used for any public purpose.

Κ If only part of a building is owned or occupied by an entity described in this paragraph, the term means only that portion of the building which is so owned or occupied.

      (d) “School bus” has the meaning ascribed to it in NRS 483.160.

      (e) “Video arcade” means a facility legally accessible to persons under 18 years of age which is intended primarily for the use of pinball and video machines for amusement and which contains a minimum of 10 such machines.

      Sec. 54. NRS 226.454 is hereby amended to read as follows:

      226.454  “Provider of health care” means:

      1.  A physician;

      2.  A physician assistant licensed pursuant to chapter 630 or 633 of NRS;

 


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      3.  A dentist;

      4.  A licensed nurse;

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

      6.  An optometrist;

      7.  An audiologist;

      8.  A practitioner of respiratory care;

      9.  A podiatric physician;

      10.  A psychologist;

      11.  A clinical professional counselor;

      12.  A genetic counselor;

      13.  A perfusionist;

      [13.]14.  A pharmacist or pharmacy technician;

      [14.]15.  An associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;

      [15.]16.  A midwife; or

      [16.]17.  A provider of doula services who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to receive reimbursement through Medicaid pursuant to NRS 422.27177.

      Sec. 55. NRS 288.140 is hereby amended to read as follows:

      288.140  1.  It is the right of every local government employee, subject to the limitations provided in subsections 3, 4 and 5, to join any employee organization of the employee’s choice or to refrain from joining any employee organization. A local government employer shall not discriminate in any way among its employees on account of membership or nonmembership in an employee organization.

      2.  The recognition of an employee organization for negotiation, pursuant to this chapter, does not preclude any local government employee who is not a member of that employee organization from acting for himself or herself with respect to any condition of his or her employment, but any action taken on a request or in adjustment of a grievance shall be consistent with the terms of an applicable negotiated agreement, if any.

      3.  A police officer, sheriff, deputy sheriff or other law enforcement officer may be a member of an employee organization only if such employee organization is composed exclusively of law enforcement officers.

      4.  A civilian employee of a metropolitan police department which is organized pursuant to chapter 280 of NRS may be a member of an employee organization only if such employee organization is composed exclusively of civilian employees of a metropolitan police department which is organized pursuant to chapter 280 of NRS.

      5.  The following persons may not be a member of an employee organization:

      (a) A supervisory employee described in paragraph (b) of subsection 1 of NRS 288.138, including but not limited to appointed officials and department heads who are primarily responsible for formulating and administering management, policy and programs.

      (b) A doctor or physician who is employed by a local government employer.

 


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      (c) Except as otherwise provided in this paragraph, an attorney who is employed by a local government employer and who is assigned to a civil law division, department or agency. The provisions of this paragraph do not apply with respect to an attorney for the duration of a collective bargaining agreement to which the attorney is a party as of July 1, 2011.

      6.  As used in this section, “doctor or physician” means a doctor, physician, genetic counselor, homeopathic physician, osteopathic physician, naprapath, chiropractic physician, practitioner of Oriental medicine, podiatric physician or practitioner of optometry, as those terms are defined or used, respectively, in NRS 630.014, 630A.050, 633.091, chapter 634 of NRS, chapter 634A of NRS, NRS 634B.050, chapter 635 of NRS or chapter 636 of NRS.

      Sec. 56. NRS 439A.0195 is hereby amended to read as follows:

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

      Sec. 57. NRS 598A.360 is hereby amended to read as follows:

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

      Sec. 58. NRS 685B.120 is hereby amended to read as follows:

      685B.120  1.  Any person who provides coverage in this State for the cost of:

      (a) Medical care;

      (b) Surgery;

      (c) Chiropractic;

      (d) Physical therapy;

      (e) Speech-language pathology;

      (f) Audiology;

      (g) Professional care of mental health;

      (h) Dental care;

      (i) Hospital care;

      (j) Ophthalmic care;

      (k) Naprapathy;

      (l) Genetic counseling; or

      [(l)](m) Ambulance services,

Κ whether the coverage provides for direct payment, reimbursement or any other method of payment, is subject to regulation by the Division and to the provisions of this Code unless the person shows that while providing such coverage the person is subject to regulation by the Federal Government.

      2.  A nonprofit corporation that provides prepaid ambulance services is not subject to regulation by the Division or to the provisions of this Code if the corporation presents evidence satisfactory to the Commissioner that the corporation is subject to regulation by a political subdivision of this State pursuant to an exclusive franchise which limits the number of times any such prepaid services may be used to a defined number that are medically necessary.

 


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      Sec. 59. NRS 686A.2825 is hereby amended to read as follows:

      686A.2825  “Practitioner” means:

      1.  A physician, genetic counselor, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractic physician, naprapath, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist, person who holds a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to chapter 653 of NRS or other provider of health services who is authorized to engage in his or her occupation by the laws of this state or another state; and

      2.  An attorney admitted to practice law in this state or any other state.

      Sec. 60.  1.  Notwithstanding the amendatory provisions of this act, any person who is engaged in the practice of genetic counseling on or before January 1, 2026, may continue to engage in the practice of genetic counseling without obtaining a license pursuant to section 7 of this act until July 1, 2026.

      2.  As used in this section, “genetic counseling” has the meaning ascribed to it in section 4 of this act.

      Sec. 60.5.  As soon as practicable after the effective date of this section, the Board of Medical Examiners shall appoint to the Genetic Counseling Advisory Council created by section 5.9 of this act:

      1.  The member described in paragraph (a) of subsection 2 of section 5.9 of this act and one member described in paragraph (b) of that subsection to initial terms that expire on January 1, 2027; and

      2.  Two members described in paragraph (b) of subsection 2 of section 5.9 of this act and the member described in paragraph (c) of that subsection to initial terms that expire on January 1, 2028.

      Sec. 61.  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. 62.  1.  This section and sections 5.9 and 60.5 of this act become effective upon passage and approval.

      2.  Sections 1 to 5.6, inclusive, 6 to 17, inclusive, 19 to 60, inclusive, and 61 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.

      3.  Section 18 of this act becomes effective on January 1, 2031.

      4.  Section 5.9 of this act expires by limitation on January 1, 2031.

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κ2025 Statutes of Nevada, Page 1133κ

 

CHAPTER 180, SB 196

Senate Bill No. 196–Senator Cannizzaro

 

CHAPTER 180

 

[Approved: May 31, 2025]

 

AN ACT relating to taxation; providing for the imposition, administration, collection and enforcement of a recovery fee to offset property taxes levied on certain heavy equipment; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing law, all property of every kind and nature in this State is subject to property taxes unless the property is exempt from such taxation. (NRS 361.045) In general, this bill authorizes a heavy equipment rental company that is primarily engaged in the business of renting heavy equipment, without an operator, from a location in this State to charge a recovery fee to offset the property taxes levied on such heavy equipment. Under existing regulations, such a recovery fee would be excluded from the sales or use tax charged for the rental of the heavy equipment. (NAC 372.940)

      Section 13 of this bill authorizes such a heavy equipment rental company to charge a recovery fee in an amount not to exceed 2 percent of the rental charge for the rental of the heavy equipment. Under section 13, a heavy equipment rental company that charges a recovery fee is required to: (1) separately state on the invoice provided to the renter the amount of the recovery fee charged to the renter; (2) hold the recovery fee in a separate account; and (3) use the proceeds of the recovery fee to offset the property taxes levied on heavy equipment rental property. Section 14 of this bill exempts from the charging of a recovery fee the rental of any heavy equipment rental property to certain governmental entities.

      Section 15 of this bill requires a heavy equipment rental company to submit to the Department of Taxation an annual report stating the amount of the recovery fees collected by the heavy equipment rental company during the immediately preceding fiscal year and the amount of the property taxes levied on the heavy equipment rental property of the heavy equipment rental company for the immediately preceding fiscal year.

      Sections 4-10 of this bill define certain terms relating to the imposition of the recovery fee on the rental of heavy equipment rental property. Section 3 of this bill establishes the applicability of those definitions.

      Sections 11 and 12 of this bill establish provisions governing the retention and examination of records relevant to the recovery fee. Section 16 of this bill provides that a person who submits a false or fraudulent report concerning the recovery fee or falsifies entries in or keeps more than one set of books, records or accounts, with intent to defraud in violation of the requirement to use the recovery fees only to offset property taxes, is guilty of a gross misdemeanor.

 

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. (Deleted by amendment.)

      Sec. 2. Chapter 361 of NRS is hereby amended by adding thereto the provisions set forth as sections 3 to 16, inclusive, of this act.

      Sec. 3. As used in sections 3 to 16, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 4 to 10, inclusive, of this act have the meanings ascribed to them in those sections.

 


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      Sec. 4. 1.  “Affiliate” means a person who, directly or indirectly, through one or more persons or intermediaries, controls, is controlled by or is under common control with a specified person.

      2.  As used in this section, “control” means:

      (a) Direct or indirect ownership, control or possession of 50 percent or more of the equity ownership of a person; or

      (b) Possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract or through other means.

      Sec. 5. 1.  “Heavy equipment rental company” means a person who is classified under 532412 or 532310 of the North American Industry Classification System, and is primarily engaged in the business of renting heavy equipment rental property, without an operator, to the public from a location in this State.

      2.  The term does not include a person who is:

      (a) Engaged in the business of renting heavy equipment rental property primarily to related persons or affiliates who operate or drive, or both operate and drive, such equipment, regardless of the NAICS code that applies to the business; or

      (b) Primarily engaged in the business of renting heavy equipment rental property with an operator.

      Sec. 6. “Heavy equipment rental property” means property, machinery and equipment held in the inventory of a heavy equipment rental company for sale or rental in the regular course of business. The term includes, without limitation, property, machinery and equipment that is customarily used or designed for construction and industrial purposes, including, without limitation, earthmoving equipment, lift equipment, material handling equipment, pumps, generators, compressors, portable power equipment, heating, ventilation and air conditioning equipment, portable offices, containers, tank trailers and self-propelled equipment.

      Sec. 7. “North American Industry Classification System” or “NAICS” means the 2022 North American Industry Classification System, as published by the Bureau of the Census of the United States Department of Commerce.

      Sec. 8. “Rent,” “rental” or “renting” means entering into an agreement with a heavy equipment rental company for the use of heavy equipment rental property in exchange for consideration for a period:

      1.  Not to exceed 365 days; or

      2.  That is open-ended under the terms of the rental contract with no specified end date.

      Sec. 9. 1.  “Rental charge” means the total amount of consideration, including, without limitation, cash, credit, property and services, charged by a heavy equipment rental company for the rental of heavy equipment rental property, valued in money, whether received in money or otherwise, and without any deduction for:

      (a) The cost of the heavy equipment rental property to the heavy equipment rental company;

      (b) The cost of materials used, labor or service cost, interest paid, losses, the cost of transportation to the heavy equipment rental company, taxes imposed on the heavy equipment rental company or any other expense of the heavy equipment rental company; and

 


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      (c) Any charges by the heavy equipment rental company for any services necessary to complete the rental, including, without limitation, any delivery charges which are not stated separately and any installation charges which are not stated separately.

      2.  The term does not include:

      (a) Any fees or charges for the delivery or transportation of heavy equipment rental property which are stated separately;

      (b) Any installation or other service charges which are stated separately;

      (c) Any discounts, including, without limitation, those in the form of cash, term or coupons that are not reimbursed by a third party, which are allowed by the heavy equipment rental company and taken by the renter on a rental;

      (d) Any interest, financing or carrying charges from credit extended on the rental of heavy equipment rental property, if stated separately;

      (e) Any taxes legally imposed directly on the renter which are stated separately; and

      (f) Any other separately stated charges or fees, including, without limitation, any separately stated fee for recovery of property taxes imposed on heavy equipment rental property pursuant to this chapter.

      Sec. 10. “Renter” means a person who rents heavy equipment rental property from a heavy equipment rental company in this State.

      Sec. 11. 1.  Each person responsible for maintaining the records of a heavy equipment rental company shall:

      (a) Keep such records as may be necessary to determine the compliance of the heavy equipment rental company with the provisions of section 15 of this act;

      (b) Preserve such records for 5 years or until any litigation or prosecution related to compliance with section 15 of this act is finally determined, whichever is longer; and

      (c) Make such records available for inspection by the Department upon demand at reasonable times during regular business hours.

      2.  The Department may adopt regulations specifying the types of records which must be kept to determine the compliance of a heavy equipment rental company with the provisions of section 15 of this act.

      Sec. 12. To verify the accuracy of any report filed pursuant to section 15 of this act or, if no such report is filed, to determine the compliance of a heavy equipment rental company with section 15 of this act, the Department, or any person authorized in writing by the Department, may examine the books, papers and records of any person who is required to comply with section 15 of this act.

      Sec. 13. 1.  Except as otherwise provided in section 14 of this act, a heavy equipment rental company may impose a recovery fee in an amount not to exceed 2 percent of the rental charge for the rental of heavy equipment rental property to a renter.

      2.  The amount of any recovery fee imposed pursuant to subsection 1 must be separately stated on an invoice provided to a renter of heavy equipment rental property.

      3.  A heavy equipment rental company that imposes a recovery fee pursuant to subsection 1 shall:

 


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      (a) Hold the amount of all recovery fees collected in a separate account; and

      (b) Use the money in the separate account only to offset any taxes imposed pursuant to this chapter on heavy equipment rental property.

      Sec. 14. A heavy equipment rental company shall not charge a recovery fee pursuant to section 13 of this act for the rental of any heavy equipment rental property to:

      1.  The United States, its unincorporated agencies and instrumentalities;

      2.  Any incorporated agency or instrumentality of the United States wholly owned by the United States or by a corporation wholly owned by the United States;

      3.  The State of Nevada, its unincorporated agencies and instrumentalities;

      4.  Any county, city, district or other political subdivision of this State; and

      5.  Any other person or entity that this State is prohibited from taxing under the United States Constitution, laws or treaties of the United States or the Nevada Constitution.

      Sec. 15.  Not later than August 15 of each calendar year, a heavy equipment rental company that imposes a recovery fee pursuant to section 13 of this act shall file with the Department, on a form prescribed by the Department, a report which separately states the amount of:

      1.  The recovery fees collected by the heavy equipment rental company during the immediately preceding fiscal year; and

      2.  The taxes imposed pursuant to this chapter on the heavy equipment rental property of the heavy equipment rental company for the immediately preceding fiscal year.

      Sec. 16. 1.  A person shall not:

      (a) Make, cause to be made or permit to be made any false or fraudulent report or false statement in any report with intent to defraud in violation of the requirements of subsection 3 of section 13 of this act;

      (b) Make, cause to be made or permit to be made any false entry in books, records or accounts with intent to defraud in violation of the requirements of subsection 3 of section 13 of this act; or

      (c) Keep, cause to be kept or permit to be kept more than one set of books, records or accounts with intent to defraud in violation of the requirements of subsection 3 of section 13 of this act.

      2.  Any person who violates the provisions of subsection 1 is guilty of a gross misdemeanor.

      Secs. 17 and 18. (Deleted by amendment.)

      Sec. 19.  This act becomes effective on July 1, 2025.

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CHAPTER 181, SB 203

Senate Bill No. 203–Senator Pazina

 

CHAPTER 181

 

[Approved: May 31, 2025]

 

AN ACT relating to gaming; removing and revising certain provisions relating to the pari-mutuel system of wagering; providing immunity from civil liability for certain agencies, entities and persons relating to the pari-mutuel system of wagering; defining certain terms relating to the pari-mutuel system of wagering; repealing certain provisions relating to the pari-mutuel system of wagering; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Nevada Gaming Commission to administer provisions governing the issuance of licenses and to perform various acts relating to the regulation and control of the pari-mutuel system of wagering. (Chapters 463 and 464 of NRS) Existing law: (1) authorizes the Nevada Gaming Control Board to approve an agreement for a disseminator to disseminate a live broadcast from a track where horse or other racing for pari-mutuel wagering is conducted; and (2) establishes a statutory scheme governing the dissemination of live broadcasts and certain information concerning racing. (NRS 463.421-463.427, 463.430-463.480) Section 1.7 of this bill removes the provisions relating to disseminators and instead authorizes a track to directly enter into an agreement with an operator of a race book, sports pool or gambling game. Sections 1-1.3 and 1.6 of this bill make conforming changes to eliminate references to disseminators, and section 2.9 of this bill repeals the relevant provisions of existing law referencing disseminators and the current statutory scheme governing the dissemination of live broadcasts.

      Section 1.8 of this bill revises the term “service provider” to include an “operator of a system,” as defined by section 2.1 of this bill, for purposes of registering such operators with the Board rather than requiring the operators to be licensed by the Commission. Section 2.9 repeals the corresponding provision governing fees paid by an operator of a system, and sections 1.4 and 1.5 of this bill make conforming changes to remove references to the repealed fees.

      Section 2 of this bill provides that the State of Nevada, the Commission, the Board, the Off-Track Pari-Mutuel Wagering Committee and certain other persons are immune from civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of law relating to the pari-mutuel system of wagering. Section 2.1 defines certain terms for purposes of the pari-mutuel system of wagering and, sections 2.4, 2.6 and 2.7 of this bill make conforming changes to incorporate those terms.

      Existing law requires certain persons who operate, carry on, conduct or maintain any form of wagering under the pari-mutuel system of wagering to be licensed. (NRS 464.010) Section 2.2 of this bill additionally provides that such persons may be found suitable, registered or approved for such purposes. Sections 2.5 and 2.8 of this bill make conforming changes to incorporate the changes allowing for registration.

      Section 2.3 of this bill provides that neither the off-track pari-mutuel system nor the operator of a system must be physically present in this State under certain circumstances.

 


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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 463.0157 is hereby amended to read as follows:

      463.0157  1.  “Gaming employee” means any employee, temporary employee or other representative of an operator of a slot route, the operator of a pari-mutuel system, the operator of an inter-casino linked system or a manufacturer, distributor or disseminator, or a gaming establishment licensed to conduct any game, 16 or more slot machines, a race book, sports pool or pari-mutuel wagering, whose job duties pertain to the operation, control or outcome of any gambling game or the access, transport or review of any gaming revenue, including, without limitation:

      (a) Accounting or internal auditing personnel who are directly involved in any recordkeeping or the examination of records associated with revenue from gaming;

      (b) Table games personnel;

      (c) Cage and counting room personnel;

      (d) Slot personnel;

      (e) Keno personnel;

      (f) Race book and sports pool personnel;

      (g) Employees of a person required by NRS 464.010 to be [licensed] registered to operate an off-track pari-mutuel system;

      (h) [Employees of a person required by NRS 463.430 to be licensed to disseminate information concerning racing and employees of an affiliate of such a person involved in assisting the person in carrying out the duties of the person in this State;

      (i)] Employees of a person required by paragraph (e) of subsection 1 of NRS 463.160 to be registered to operate as a cash access and wagering instrument service provider;

      [(j)](i) Employees whose duties are directly involved with the manufacture, repair, sale or distribution of gaming devices, associated equipment when the employer is required by NRS 463.650 to be licensed, cashless wagering systems or interactive gaming systems;

      [(k)](j) Employees of operators of interactive gaming systems whose duties include the operational or supervisory control of the systems or the games that are part of the systems;

      [(l)](k) Employees of operators of call centers who perform, or who supervise the performance of, the function of receiving and transmitting wagering instructions;

      [(m)](l) Employees who have access to the Board’s system of records for the purpose of processing the registrations of gaming employees that a licensee is required to perform pursuant to the provisions of this chapter and any regulations adopted pursuant thereto;

      [(n)](m) Information technology personnel who have operational or supervisory control over information technology systems associated with any of the matters related to gaming described in this subsection;

      [(o)](n) Hosts or other persons empowered to extend credit or complimentary services related to gaming;

 


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      [(p)](o) Machine mechanics;

      [(q)](p) Odds makers and line setters;

      [(r)](q) Security personnel;

      [(s)](r) Shift or pit bosses;

      [(t)](s) Shills;

      [(u)](t) Supervisors or managers whose duties include the supervision of employees described in this subsection;

      [(v)](u) Employees of a person required by NRS 463.160 to be licensed to operate an information service;

      [(w)](v) Club venue employees; and

      [(x)](w) Other persons whose duties are similar to the classifications set forth in paragraphs (a) to [(w),] (v), inclusive, as the Commission may from time to time designate by regulation.

      2.  “Gaming employee” does not include employees whose duties do not involve gaming activities, persons engaged exclusively in preparing or serving food or beverages or persons involved primarily in the resort or hotel functions of a licensed gaming establishment.

      Sec. 1.1.NRS 463.0165 is hereby amended to read as follows:

      463.0165  “License” means a gaming license [,] or a manufacturer’s or distributor’s license . [, a license issued to a disseminator of information concerning racing or a license issued to an operator of an off-track pari-mutuel system.]

      Sec. 1.2.NRS 463.0167 is hereby amended to read as follows:

      463.0167  “License fees” means any money required by law to be paid to obtain or renew a gaming license [,] or manufacturer’s or distributor’s license . [or license issued to an operator of an off-track pari-mutuel system. The term also includes the fees paid by a disseminator of information concerning racing.]

      Sec. 1.3.NRS 463.0171 is hereby amended to read as follows:

      463.0171  “Licensee” means any person to whom a valid gaming license [,] or a manufacturer’s or distributor’s license [, license for the operation of an off-track pari-mutuel system or license for dissemination of information concerning racing] has been issued.

      Sec. 1.4. NRS 463.270 is hereby amended to read as follows:

      463.270  1.  Subject to the power of the Commission to deny, revoke, suspend, condition or limit licenses, any state license in force may be renewed by the Commission for the next succeeding license period upon proper application for renewal and payment of state license fees and taxes as required by law and the regulations of the Commission.

      2.  All state gaming licenses are subject to renewal on the first day of each January and all quarterly state gaming licenses on the first day of each calendar quarter thereafter.

      3.  Application for renewal must be filed with the Commission, and all state license fees and taxes required by law, including, without limitation, NRS 368A.200, 463.370, 463.373 to 463.3855, inclusive, 463.660 [, 464.015] and 464.040, must be paid to the Board on or before the dates respectively provided by law for each fee or tax.

      4.  Application for renewal of licenses for slot machines only must be made by the operators of the locations where such machines are situated.

      5.  Any person failing to pay any state license fees or taxes due at the times respectively provided shall pay in addition to such license fees or taxes a penalty of not less than $50 or 25 percent of the amount due, whichever is the greater, but not more than $1,000 if the fees or taxes are less than 10 days late and in no case in excess of $5,000.

 


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the greater, but not more than $1,000 if the fees or taxes are less than 10 days late and in no case in excess of $5,000. The penalty must be collected as are other charges, license fees and penalties under this chapter.

      6.  Any person who operates, carries on or exposes for play any gambling game, gaming device or slot machine or who manufactures, sells or distributes any gaming device, equipment, material or machine used in gaming after the person’s license becomes subject to renewal, and thereafter fails to apply for renewal as provided in this section, is guilty of a misdemeanor and, in addition to the penalties provided by law, is liable to the State of Nevada for all license fees, taxes and penalties which would have been due upon application for renewal.

      7.  If any licensee or other person fails to renew his or her license as provided in this section, the Commission may order the immediate closure of all his or her gaming activity until the license is renewed by the payment of the necessary fees, taxes, interest and any penalties. Except for a license for which fees are based on the gross revenue of the licensee, failure to renew a license within 30 days after the date required by this chapter shall be deemed a surrender of the license.

      8.  The voluntary surrender of a license by a licensee does not become effective until accepted in the manner provided in the regulations of the Commission. The surrender of a license does not relieve the former licensee of any penalties, fines, fees, taxes or interest due.

      Sec. 1.5. NRS 463.386 is hereby amended to read as follows:

      463.386  1.  If the Commission approves the issuance of a license for gaming operations at the same location that is currently licensed, or locations that are currently licensed if the license is for the operation of a slot machine route, the Chair of the Board, in consultation with the Chair of the Commission may administratively determine that, for the purposes of NRS 463.370, 463.373 to 463.3855, inclusive, [463.450,] 463.660, 463.677, 463.760 [,] and 463.765 , [and 464.015,] the gaming license shall be deemed transferred, the previously licensed operation shall be deemed a continuing operation and credit must be granted for prepaid license fees, if the Chair of the Board makes a written finding that such determination is consistent with the public policy of this State pursuant to NRS 463.0129.

      2.  The Chair of the Board may refer a request for administrative determination pursuant to this section to the Board and the Commission for consideration, or may deny the request for any reasonable cause. A denial may be submitted for review by the Board and the Commission in the manner set forth by the regulations adopted by the Commission which pertain to the review of administrative approval decisions.

      3.  Except as otherwise provided in this section, no credit or refund of fees or taxes may be made because a gaming establishment ceases operation.

      4.  The Commission may, with the advice and assistance of the Board, adopt regulations consistent with the policy, objects and purposes of this chapter as it may deem necessary to carry out the provisions of this section.

      Sec. 1.6. NRS 463.400 is hereby amended to read as follows:

      463.400  Any person who willfully fails to report, pay or truthfully account for and pay over the license fees imposed by NRS 463.370, 463.373 to 463.3855, inclusive, 463.390 [, 463.450] and 463.760 to 463.775, inclusive, or willfully attempts in any manner to evade or defeat any such tax or payment thereof, or any licensee who puts additional games into play without authority of the Commission to do so or any licensee who fails to remit any license fee provided for by this chapter when due is in addition to the amount due liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over.

 


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κ2025 Statutes of Nevada, Page 1141 (CHAPTER 181, SB 203)κ

 

remit any license fee provided for by this chapter when due is in addition to the amount due liable for a penalty of the amount of the license fee evaded or not paid, collected or paid over. The penalty must be assessed and collected in the same manner as are other charges, license fees and penalties under this chapter.

      Sec. 1.7.NRS 463.426 is hereby amended to read as follows:

      463.426  1.  The Board may [:

      1.  Authorize] authorize a [disseminator] track or an authorized agent or representative of a track to enter into an agreement with [a track to disseminate to] users to provide a live broadcast [which is received] from the track. Any such agreement must require that all users pay the same rate or fee for the right to receive the live broadcast. This section does not apply to a live broadcast that is furnished to users in connection with an agreement that allows users to participate in off-track pari-mutuel wagering at the track pursuant to chapter 464 of NRS.

      2.  [Establish fees to be paid by a disseminator of a live broadcast in an amount which is equal to the cost of carrying out the provisions of NRS 463.421 to 463.427, inclusive.] As used in this section:

      (a) “Live broadcast” means an audio and video transmission of a race, or series of races, as it occurs at a track and which is furnished by a track to a user for a fee.

      (b) “Track” means a facility licensed to operate horse or other racing where pari-mutuel wagering on races is conducted.

      (c) “User” means an operator of a race book, sports pool or gambling game who is licensed in this State and receives and displays a live broadcast within this State and uses information contained in the broadcast to determine winners of or payoffs on wagers the operator accepts.

      Sec. 1.8.NRS 463.677 is hereby amended to read as follows:

      463.677  1.  The Legislature finds that:

      (a) Technological advances have evolved which allow licensed gaming establishments to expose games, including, without limitation, system-based and system-supported games, gaming devices, interactive gaming, cashless wagering systems or race books and sports pools, and to be assisted by an interactive gaming service provider or a service provider, as applicable, who provides important services to the public with regard to the conduct and exposure of such games.

      (b) To protect and promote the health, safety, morals, good order and general welfare of the inhabitants of this State, and to carry out the public policy declared in NRS 463.0129, it is necessary that the Board and Commission have the ability to:

             (1) License interactive gaming service providers;

             (2) Register service providers; and

             (3) Maintain strict regulation and control of the operation of such interactive gaming service providers or service providers, respectively, and all persons and locations associated therewith.

      2.  Except as otherwise provided in subsection 4, the Commission may, with the advice and assistance of the Board, provide by regulation for the:

 


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κ2025 Statutes of Nevada, Page 1142 (CHAPTER 181, SB 203)κ

 

      (a) Licensing of an interactive gaming service provider;

      (b) Registration of a service provider; and

      (c) Operation of such a service provider or interactive gaming service provider, respectively, and all persons, locations and matters associated therewith.

      3.  The regulations pursuant to subsection 2 may include, without limitation:

      (a) Provisions requiring:

             (1) The interactive gaming service provider to meet the qualifications for licensing pursuant to NRS 463.170, in addition to any other qualifications established by the Commission and to be licensed regardless of whether the interactive gaming service provider holds any license.

             (2) The service provider to be registered regardless of whether the service provider holds any license.

      (b) Criteria regarding the location from which the interactive gaming service provider or service provider, respectively, conducts its operations, including, without limitation, minimum internal and operational control standards established by the Commission.

      (c) Provisions relating to:

             (1) The licensing of persons owning or operating an interactive gaming service provider, and any person having a significant involvement therewith, as determined by the Commission.

             (2) The registration of persons owning or operating a service provider, and any persons having a significant involvement therewith, as determined by the Commission.

      (d) A provision that a person owning, operating or having significant involvement with an interactive gaming service provider or a service provider, respectively, as determined by the Commission, may be required by the Commission to be found suitable to be associated with licensed gaming, including race book or sports pool operations.

      (e) Additional matters which the Commission deems necessary and appropriate to carry out the provisions of this section and which are consistent with the public policy of this State pursuant to NRS 463.0129, including that an interactive gaming service provider or a service provider, respectively, must be liable to the licensee on whose behalf the services are provided for the interactive gaming service provider’s or service provider’s proportionate share of the fees and taxes paid by the licensee.

      4.  The Commission may not adopt regulations pursuant to this section until the Commission first determines that interactive gaming service providers or service providers, respectively, are secure and reliable, do not pose a threat to the integrity of gaming and are consistent with the public policy of this State pursuant to NRS 463.0129.

      5.  Subject to any regulations adopted by the Commission pursuant to subsection 6, the premises on which an interactive gaming service provider or a service provider conducts its operations are subject to the power and authority of the Board and Commission pursuant to NRS 463.140, as though the premises are where gaming is conducted and the interactive gaming service provider or service provider, respectively, is a gaming licensee.

      6.  The Commission may adopt regulations that define the scope of the power and authority of the Board and Commission provided in subsection 5 as it deems appropriate based on the type and function of a specific interactive gaming service provider or service provider.

 


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      7.  As used in this section:

      (a) “Interactive gaming service provider” means a person who acts on behalf of an establishment licensed to operate interactive gaming and:

             (1) Manages, administers or controls wagers that are initiated, received or made on an interactive gaming system;

             (2) Manages, administers or controls the games with which wagers that are initiated, received or made on an interactive gaming system are associated;

             (3) Maintains or operates the software or hardware of an interactive gaming system; or

             (4) Provides products, services, information or assets to an establishment licensed to operate interactive gaming and receives therefor a percentage of gaming revenue from the establishment’s interactive gaming system.

      (b) “Service provider” means a person who:

             (1) Is a cash access and wagering instrument service provider; [or]

             (2) Is an operator of a system as defined in subsection 7 of NRS 464.005; or

             (3) Meets such other or additional criteria as the Commission may establish by regulation.

      Sec. 2. Chapter 464 of NRS is hereby amended by adding thereto a new section to read as follows:

      In addition to any other rights, privileges and immunities recognized by law, the State of Nevada, the Commission and any of its members, employees, attorneys and other personnel, the Board and any of its members, employees, attorneys and other personnel, and the Off-Track Pari-Mutuel Wagering Committee appointed pursuant to NRS 464.020 and any of its members, employees, attorneys and other personnel are immune from civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions of this chapter.

      Sec. 2.1. NRS 464.005 is hereby amended to read as follows:

      464.005  As used in this chapter, unless the context otherwise requires:

      1.  “Board” means the Nevada Gaming Control Board.

      2.  “Commission” means the Nevada Gaming Commission.

      3.  “Gross revenue” means the amount of the commission received by a [licensee] licensed book that is deducted from off-track pari-mutuel wagering, plus breakage and the face amount of unpaid winning tickets that remain unpaid for a period specified by the [Nevada Gaming] Commission.

      4.  “Licensed book” means a race book or sports pool licensed to operate, carry on, conduct or maintain any form of wagering under a pari-mutuel system of wagering pursuant to this chapter.

      [2.]5.  “Off-track pari-mutuel system” means a computerized system, or component of such a system, that is used with regard to a pari-mutuel pool to transmit information such as amounts wagered, odds and payoffs on races, sporting events or other events.

      [3.]6.  “Off-track pari-mutuel wagering” means any pari-mutuel system of wagering approved by the [Nevada Gaming] Commission for the acceptance of wagers on:

      (a) Horse or dog races which take place outside of this state;

      (b) Sporting events; or

      (c) Other events.

 


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      [4.]7.  “Operator of a system” means a person engaged in providing an off-track pari-mutuel system. An operator of a system shall be deemed a service provider as set forth in NRS 463.677 and is subject to any applicable regulations adopted by the Commission.

      [5.]8.  “Pari-mutuel system of wagering” means any system whereby wagers with respect to the outcome of a race, sporting event or other event are placed in a wagering pool conducted by a person licensed or otherwise permitted to do so under state law, and in which the participants are wagering with each other and not against that person. The term includes off-track pari-mutuel wagering.

      Sec. 2.2. NRS 464.010 is hereby amended to read as follows:

      464.010  1.  It is unlawful for any person, either as owner, lessee or employee, whether for hire or not, to operate, carry on, conduct or maintain in this state, any form of wagering under the pari-mutuel system on any racing, sporting event or other event without having first procured and maintained all required federal, state, county and municipal licenses [.] , findings of suitability, registrations and approvals.

      2.  It is unlawful for any person to function as an operator of a system without having first [obtained a state gaming license.] registered with the Board as a service provider pursuant to NRS 463.677.

      3.  Where any other state license , registration or approval is required to conduct a racing, sporting event or other event, that license , registration or approval must first be procured before the pari-mutuel system of wagering may be licensed in connection therewith.

      Sec. 2.3. NRS 464.020 is hereby amended to read as follows:

      464.020  1.  The [Nevada Gaming] Commission is charged with the administration of this chapter for the protection of the public and in the public interest.

      2.  The [Nevada Gaming] Commission may issue licenses permitting the conduct of the pari-mutuel system of wagering, including off-track pari-mutuel wagering, and may adopt, amend and repeal regulations relating to the conduct of such wagering.

      3.  The wagering must be conducted only by [the licensee] a licensed book at the times determined by the [Nevada Gaming] Commission and only:

      (a) Within the enclosure wherein the race, sporting event or other event which is the subject of the wagering occurs; or

      (b) Within a licensed gaming establishment which has been approved to conduct off-track pari-mutuel wagering.

Κ This subsection [does] and the provisions of NRS 464.060 do not prohibit a [person] licensed [to accept, pursuant to regulations adopted by the Nevada Gaming Commission, off-track pari-mutuel wagers] book from accepting wagers made by wire communication from patrons within the State of Nevada, from other states in which such wagering is legal or from places outside the United States in which such wagering is legal. Neither the off-track pari-mutuel system nor the operator of a system must be physically present in this State provided that each is present in another state or location outside of the United States where off-track pari-mutuel wagering is legal and is licensed or otherwise approved by a governmental authority having regulatory jurisdiction or control over pari-mutuel wagering.

      4.  The regulations of the [Nevada Gaming] Commission may include, without limitation:

 


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κ2025 Statutes of Nevada, Page 1145 (CHAPTER 181, SB 203)κ

 

      (a) Requiring fingerprinting of an applicant or licensee, or other method of identification.

      (b) Requiring information concerning an applicant’s antecedents, habits and character.

      (c) Prescribing the method and form of application which any applicant for a license issued pursuant to this chapter must follow and complete before consideration of the applicant’s application by the [Nevada Gaming] Commission.

      (d) Prescribing the permissible communications technology and requiring the implementation of border control technology that will ensure that a person cannot place a wager with a licensee in this State from another state or another location where placing such a wager is illegal.

      5.  The [Nevada Gaming] Commission may appoint an Off-Track Pari-Mutuel Wagering Committee consisting of 11 persons who are licensed to engage in off-track pari-mutuel wagering. If the Commission appoints such a Committee, it shall appoint to the Committee:

      (a) Five members from a list of nominees provided by the State Association of Gaming Establishments whose members collectively paid the most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year;

      (b) Three members who, in the preceding year, paid gross revenue fees pursuant to NRS 463.370 in an amount that was less than the average amount of gross revenue fees paid by licensees engaged in off-track pari-mutuel wagering in the preceding year; and

      (c) Three other members.

Κ If a vacancy occurs in a position on the Committee for any reason, including, but not limited to, termination of a member, the Commission shall appoint a successor member who satisfies the same criteria in paragraph (a), (b) or (c) that applied to the member whose position has been vacated.

      6.  If the [Nevada Gaming] Commission appoints [an Off-Track Pari-Mutuel Wagering] a Committee pursuant to subsection 5, the Commission shall:

      (a) Grant to the [Off-Track Pari-Mutuel Wagering] Committee the exclusive right to negotiate an agreement relating to off-track pari-mutuel wagering with:

             (1) A person who is licensed or otherwise permitted to operate a wagering pool in another state; and

             (2) A person who is [licensed] registered pursuant to this chapter as an operator of a system.

      (b) Require that any agreement negotiated by the [Off-Track Pari-Mutuel Wagering] Committee with a track relating to off-track pari-mutuel wagering must not set a different rate for intrastate wagers placed on the licensed premises of a [race] licensed book and wagers placed through the use of communications technology.

      (c) Require the [Off-Track Pari-Mutuel Wagering] Committee to grant to each person licensed pursuant to this chapter to operate an off-track pari-mutuel race pool the right to receive, on a fair and equitable basis, all services concerning wagering in such a race pool that the Committee has negotiated to bring into or provide within this State.

 


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κ2025 Statutes of Nevada, Page 1146 (CHAPTER 181, SB 203)κ

 

      7.  The [Nevada Gaming] Commission shall, and it is granted the power to, demand access to and inspect all books and records of any person licensed pursuant to this chapter pertaining to and affecting the subject of the license.

      Sec. 2.4. NRS 464.025 is hereby amended to read as follows:

      464.025  1.  The [Nevada Gaming] Commission, upon the recommendation of the [Nevada Gaming Control] Board, may adopt regulations for:

      (a) The conduct by a [licensee of] licensed book offering off-track pari-mutuel wagering on a race, sporting event or other event; and

      (b) The approval of the terms and conditions of any agreement between a [licensee] licensed book and an agency of the state in which the race, sporting event or other event takes place or a person licensed or approved by that state to participate in the conduct of the race, sporting event or other event or the pari-mutuel system of wagering thereon.

      2.  A person or governmental agency must not receive any commission or otherwise share in the revenue from the conduct of off-track pari-mutuel wagering in this State without the approval of the [Nevada Gaming] Commission. The Commission may approve any person or governmental agency after such investigation as the [Nevada Gaming Control] Board deems proper.

      Sec. 2.5. NRS 464.040 is hereby amended to read as follows:

      464.040  1.  The total commission deducted from pari-mutuel wagering other than off-track pari-mutuel wagering by any licensee licensed pursuant to the provisions of this chapter must not exceed 18 percent of the gross amount of money handled in each pari-mutuel pool operated by the licensee during the period of the license.

      2.  The total commission deducted from off-track pari-mutuel wagering must be determined by the [Nevada Gaming] Commission and may be divided between the persons licensed , registered or approved to participate in the conduct of the race or event or the pari-mutuel system of wagering thereon. Such licensure , registration or approval must be obtained pursuant to this chapter or chapter 463 of NRS and pursuant to regulations which may be adopted by the [Nevada Gaming] Commission.

      3.  Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering, each licensee shall pay to the [Nevada Gaming] Commission quarterly on or before the last day of the first month of the following quarter of operation for the use of the State of Nevada a tax at the rate of 3 percent on the total amount of money wagered on any race, sporting event or other event.

      4.  The licensee may deduct odd cents less than 10 cents per dollar in paying bets.

      5.  Except as otherwise provided in NRS 464.045 for off-track pari-mutuel wagering, the amount paid to the [Nevada Gaming] Commission must be, after deducting costs of administration which must not exceed 5 percent of the amount collected, paid over by the [Nevada Gaming] Commission to the State Treasurer for deposit in the State General Fund.

      Sec. 2.6. NRS 464.060 is hereby amended to read as follows:

      464.060  [All] Except as otherwise provided in subsection 3 of NRS 464.020, all other forms of wagering or betting on the results of any of the races or events licensed under this chapter outside the enclosure or establishment where the races, events or off-track pari-mutuel wagering are licensed by the [Nevada Gaming] Commission are illegal.

 


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establishment where the races, events or off-track pari-mutuel wagering are licensed by the [Nevada Gaming] Commission are illegal.

      Sec. 2.7. NRS 464.075 is hereby amended to read as follows:

      464.075  1.  Except as otherwise provided in subsection 4, a person who is licensed to engage in off-track pari-mutuel wagering shall not:

      (a) Accept from a patron less than the full face value of an off-track pari-mutuel wager;

      (b) Agree to refund or rebate to a patron any portion or percentage of the full face value of an off-track pari-mutuel wager; or

      (c) Increase the payoff of, or pay a bonus on, a winning off-track pari-mutuel wager.

      2.  A person who is licensed to engage in off-track pari-mutuel wagering and who:

      (a) Attempts to evade the provisions of subsection 1 by offering to a patron a wager that is not posted and offered to all patrons; or

      (b) Otherwise violates the provisions of subsection 1,

Κ is subject to the investigatory and disciplinary proceedings that are set forth in NRS 463.310 to 463.318, inclusive, and shall be punished as provided in those sections.

      3.  The [Nevada Gaming] Commission shall adopt regulations to carry out the provisions of subsections 1 and 2 of this section.

      4.  The [Nevada Gaming] Commission may, by regulation, exempt certain bets, refunds, rebates, payoffs or bonuses from the provisions of subsection 1 if the Commission determines that such exemptions are in the best interests of the State of Nevada and licensed gaming in this state. Any bets, refunds, rebates, payoffs or bonuses that would result in the amount of such bets, refunds, rebates, payoffs or bonuses being directly or indirectly deductible from gross revenue may not be exempt.

      Sec. 2.8. NRS 464.080 is hereby amended to read as follows:

      464.080  1.  All licenses and registrations granted under this chapter are subject to suspension or revocation by the [Nevada Gaming] Commission in any case where the [Nevada Gaming] Commission has reason to believe that any condition of its license has not been complied with or that any law or regulation of the [Nevada Gaming] Commission has been broken or violated.

      2.  [No] A license or registration may not be revoked or suspended until after a hearing had by the [Nevada Gaming] Commission. Such a hearing must be initiated by the filing of a complaint by the [Nevada Gaming Control] Board and must be conducted in accordance with the provisions of NRS 463.312 to 463.3145, inclusive.

      3.  The action of the [Nevada Gaming] Commission in revoking or suspending a license or registration issued under this chapter is subject to court review in accordance with the provisions of NRS 463.315 to 463.318, inclusive.

      Sec. 2.9. NRS 463.0147, 463.421, 463.4212, 463.4214, 463.4216, 463.4218, 463.422, 463.423, 463.424, 463.425, 463.427, 463.430, 463.435, 463.440, 463.445, 463.450, 463.460, 463.462, 463.464, 463.466, 463.480 and 464.015 are hereby repealed.

      Sec. 3.  This act becomes effective upon passage and approval.

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κ2025 Statutes of Nevada, Page 1148κ

 

CHAPTER 182, SB 208

Senate Bill No. 208–Senators Steinbeck, Stone; and Doρate

 

CHAPTER 182

 

[Approved: May 31, 2025]

 

AN ACT relating to counties; revising the use of revenue collected by a county from certain telephone surcharges; revising provisions governing the fund into which such revenue is deposited; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Under existing federal law, the Federal Communications Commission is required to regulate the use of money collected from surcharges imposed for emergency 911 service to prevent diversion of those fees or charges. (47 U.S.C. § 615a-1) Existing federal regulations limit the use of revenue from such fees or charges imposed by authorized taxing jurisdictions to: (1) the support and implementation of emergency 911 service; and (2) the operational expenses of a call center that receives and manages emergency calls, commonly known as a public safety answering point. Existing federal regulations provide certain examples of acceptable uses of such revenue which include, without limitation, the purchase, maintenance or upgrade of buildings or facilities that contain public safety answering points. (47 C.F.R § 9.23)

      Existing law authorizes a board of county commissioners to impose a surcharge for the enhancement of the telephone system for reporting an emergency or for the purchase and maintenance of portable event recording devices and vehicular event recording devices if the board adopts and reviews, at least annually, a 5-year master plan for the enhancement of the telephone system or the purchase and maintenance of such recording devices. (NRS 244A.7643) If a county imposes such a surcharge, existing law requires that the revenue collected from the surcharge be deposited in a special revenue fund and used only for specified purposes. Existing law prescribes an order of priority for spending the money in the fund for the specified purposes. (NRS 244A.7645) Section 3 of this bill: (1) authorizes the revenue collected from the surcharge to also be used for paying any costs associated with the construction, maintenance or operation of the portion of a facility that contains a telephone system for reporting an emergency and will be physically occupied by and functionally dedicated to the operation of such a telephone system; and (2) prescribes the order of priority for spending the revenue collected from the surcharge for that additional purpose.

      Under existing law, if the uncommitted balance of such a special revenue fund exceeds a specified monetary threshold at the end of any fiscal year, the board of county commissioners is required to reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed the specified threshold. (NRS 244A.7645) Section 3 increases to $15,000,000 this monetary threshold for such a special revenue fund of a county whose population is 700,000 or more (currently Clark County).

      Section 3 also increases to $7,500,000 the monetary threshold for such a special revenue fund of a county whose population is 100,000 or more but less than 700,000 (currently only Washoe County).

 


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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:

 

      Sections 1 and 2. (Deleted by amendment.)

      Sec. 3. NRS 244A.7645 is hereby amended to read as follows:

      244A.7645  1.  If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is 100,000 or more, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:

      (a) Consist of not less than five members who:

             (1) Are residents of the county;

             (2) Possess knowledge concerning telephone systems for reporting emergencies; and

             (3) Are not elected public officers.

      (b) Subject to the provisions of subparagraph (3) of paragraph (a), include the chief law enforcement officer or his or her designee from each office of the county sheriff, metropolitan police department, police department of an incorporated city within the county and department, division or municipal court of a city or town that employs marshals within the county, as applicable.

      2.  If a surcharge is imposed pursuant to NRS 244A.7643 in a county whose population is less than 100,000, the board of county commissioners of that county shall establish by ordinance an advisory committee to develop a plan to enhance or improve the telephone system for reporting an emergency in that county and to oversee any money allocated for that purpose. The advisory committee must:

      (a) Consist of not less than five members who:

             (1) Are residents of the county;

             (2) Possess knowledge concerning telephone systems for reporting emergencies; and

             (3) Are not elected public officers.

      (b) Include a representative of an incumbent local exchange carrier which provides service to persons in that county. As used in this paragraph, “incumbent local exchange carrier” has the meaning ascribed to it in 47 U.S.C. § 251(h)(1), as that section existed on October 1, 1999, and includes a local exchange carrier that is treated as an incumbent local exchange carrier pursuant to that section.

      (c) Subject to the provisions of subparagraph (3) of paragraph (a), include the chief law enforcement officer or his or her designee from each office of the county sheriff, metropolitan police department, police department of an incorporated city within the county and department, division or municipal court of a city or town that employs marshals within the county, as applicable.

 


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      3.  If a surcharge is imposed in a county pursuant to NRS 244A.7643, the board of county commissioners of that county shall create a special revenue fund of the county for the deposit of the money collected pursuant to NRS 244A.7643. The money in the fund must be used only:

      (a) To pay the costs of adopting and reviewing the 5-year master plan for the enhancement of the telephone system for reporting emergencies in the county that is required pursuant to NRS 244A.7643.

      (b) With respect to the telephone system for reporting an emergency:

             (1) In a county whose population is 52,000 or more, to enhance the telephone system for reporting an emergency, including only:

                   (I) Paying recurring and nonrecurring charges for telecommunication services necessary for the operation of the enhanced telephone system;

                   (II) Paying costs for personnel and training associated with the routine maintenance and updating of the database for the system;

                   (III) Purchasing, leasing or renting the equipment and software necessary to operate the enhanced telephone system, including, without limitation, equipment and software that identify the number or location from which a call is made; and

                   (IV) Paying costs associated with any maintenance, upgrade and replacement of equipment and software necessary for the operation of the enhanced telephone system.

             (2) In a county whose population is less than 52,000, to improve the telephone system for reporting an emergency in the county.

      (c) To pay any costs associated with the construction, maintenance or operation of the portion of a facility that contains a telephone system for reporting an emergency and will be physically occupied by and functionally dedicated to the operation of such a telephone system.

      (d) With respect to purchasing and maintaining portable event recording devices and vehicular event recording devices, to pay:

             (1) By an entity described in this subparagraph, costs associated with the acquisition, maintenance, storage of data, upgrade and replacement of equipment and software necessary for the operation of portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices. Money may be expended pursuant to this subparagraph for the purchase and maintenance of portable event recording devices or vehicular event recording devices only by:

                   (I) The sheriff’s office of a county;

                   (II) A metropolitan police department;

                   (III) A police department of an incorporated city;

                   (IV) A department, division or municipal court of a city or town that employs marshals;

                   (V) A department of alternative sentencing; or

                   (VI) A county school district that employs school police officers.

             (2) Costs for personnel and training associated with maintaining, updating and operating the equipment, hardware and software necessary for

 


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κ2025 Statutes of Nevada, Page 1151 (CHAPTER 182, SB 208)κ

 

portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices.

             (3) Costs for personnel and training associated with the maintenance, retention and redaction of audio and video events recorded on portable event recording devices and vehicular event recording devices or systems that consist of both portable event recording devices and vehicular event recording devices.

      [(d)](e) To pay any costs associated with performing an analysis or audit pursuant to NRS 244A.7648 of the surcharges collected by telecommunications providers.

      4.  For the purposes described in subsection 3, money in the fund must be expended in the following order of priority:

      (a) Paying the costs authorized pursuant to paragraph (a) of subsection 3 to adopt and review the 5-year master plan.

      (b) If the county performs an analysis or audit described in NRS 244A.7648, paying the costs authorized pursuant to paragraph [(d)] (e) of subsection 3.

      (c) Paying the costs authorized pursuant to paragraph (b) of subsection 3.

      (d) Paying the costs authorized pursuant to paragraph (c) of subsection 3.

      (e) If the county has imposed a portion of the surcharge for purposes of purchasing and maintaining portable event recording devices and vehicular event recording devices:

             (1) Paying the costs authorized pursuant to paragraph [(c)] (d) of subsection 3 other than costs related to personnel and training.

             (2) Paying the costs authorized pursuant to paragraph [(c)] (d) of subsection 3 related to personnel.

             (3) Paying the costs authorized pursuant to paragraph [(c)] (d) of subsection 3 related to training.

      5.  If money in the fund is distributed to a recipient and:

      (a) The recipient has not used the money for any purpose authorized pursuant to subsection 3 within 6 months, the recipient must:

             (1) Notify the board of county commissioners and the advisory committee; and

             (2) Return the unused money.

      (b) The recipient used any portion of the money for a purpose that is not authorized pursuant to subsection 3, the recipient must:

             (1) Notify the board of county commissioners and the advisory committee; and

             (2) Repay the portion of the money that was used for a purpose not authorized pursuant to subsection 3.

      (c) The recipient was not entitled to receive all or a portion of the money, the recipient must:

             (1) Notify the board of county commissioners and the advisory committee; and

 


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κ2025 Statutes of Nevada, Page 1152 (CHAPTER 182, SB 208)κ

 

             (2) Repay all money to which the recipient was not entitled to receive.

      6.  If the balance in the fund created in a county whose population is 700,000 or more pursuant to subsection 3 which has not been committed for expenditure exceeds $15,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $15,000,000.

      7.  If the balance in the fund created in a county whose population is 100,000 or more but less than 700,000 pursuant to subsection 3 which has not been committed for expenditure exceeds [$5,000,000] $7,500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed [$5,000,000.] $7,500,000.

      [7.]8.  If the balance in the fund created in a county whose population is 52,000 or more but less than 100,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $1,000,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $1,000,000.

      [8.]9.  If the balance in the fund created in a county whose population is less than 52,000 pursuant to subsection 3 which has not been committed for expenditure exceeds $500,000 at the end of any fiscal year, the board of county commissioners shall reduce the amount of the surcharge imposed during the next fiscal year by the amount necessary to ensure that the unencumbered balance in the fund at the end of the next fiscal year does not exceed $500,000.

      Secs. 4-7. (Deleted by amendment.)

      Sec. 8.  1.  This section and sections 3, 6 and 7 of this act become effective on October 1, 2025.

      2.  Sections 1, 2, 4 and 5 of this act become effective on October 1, 2029.

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κ2025 Statutes of Nevada, Page 1153κ

 

CHAPTER 183, SB 210

Senate Bill No. 210–Senators Stone and Ohrenschall

 

CHAPTER 183

 

[Approved: May 31, 2025]

 

AN ACT relating to local law enforcement agencies; increasing certain fees collected by constables and sheriffs for certain services; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes constables and the sheriff of each county in this State, including the sheriff of Carson City, to charge and collect various fees which are set forth in existing law for performing certain services. (NRS 248.275, 248.285, 258.125) Section 1 of this bill increases: (1) from $17 to $26 the fee for serving a summons or complaint, or any other process, by which an action or proceeding is commenced, with certain exceptions; (2) from $2 to $3 the fee for each mile traveled in going to serve a summons or complaint, or any other process, by which an action or proceeding is commenced, with certain exceptions; (3) from $5 to $26 the fee for taking a bond or undertaking; (4) from $15 to $26 the fee for serving every rule or order; (5) from $2 to $3 the fee for each mile necessarily and actually traveled in going to serve a notice required by law before the commencement of a proceeding for any type of eviction; (6) from $21 to $26 the fee for each service in a summary eviction, with certain exceptions, and for the service and execution of a writ of restitution; (7) from $15 to $26 fees relating to the service of subpoenas and the service or execution of certain documents or orders; (8) from $2 to $3 the fee for each mile traveled in going to serve subpoenas or a venire; (9) from $15 to $26 the fee for certain costs of making and posting notices and advertising for sale, on execution or any judgment or order of sale; (10) from $5 to $26 the fee for issuing each certificate of sale of property on execution or order of sale and for recording the original certificate with the county recorder; (11) from $20 to $26 the fee for drawing and executing every sheriff’s deed; (12) from $21 to $26 the fee for serving a writ of possession or restitution; (13) from $2 to $3 the fee for each mile necessarily traveled in going to serve any process; (14) from $2 to $3 the fee for mailing a notice of a writ of execution; (15) from $2 to $3 the fee for each mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service; and (16) from $20 to $30 the maximum fee the sheriff may charge and collect per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service. Section 2 of this bill similarly increases such fees for constables and additionally increases from $7 to $26 the fee that a constable is authorized to charge for summoning a jury before a justice of the peace.

 

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 248.275 is hereby amended to read as follows:

      248.275  1.  The sheriff of each county in this State may charge and collect the following fees:

 

For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant..... [$17] $26

 


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κ2025 Statutes of Nevada, Page 1154 (CHAPTER 183, SB 210)κ

 

For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile................................................................ [$2] $3

If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.

For taking a bond or undertaking in any case in which the sheriff is authorized to take a bond or undertaking........................................................................................................... [5] 26

For a copy of any writ, process or other paper, if demanded or required by law, for each page 3

For serving every rule or order........................................................ [15] 26

For serving one notice required by law before the commencement of a proceeding for any type of eviction   26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice  20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice      17

For serving 25 or more such notices to the same location, each notice 15

For mileage in serving such a notice, for each mile necessarily and actually traveled in going only     [2] 3

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before the commencement of the proceeding, and for serving notice of and executing a writ of restitution  [21] 26

For serving a subpoena, for each witness summoned.................. [15] 26

For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile  [2] 3

When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.

For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons [15] 26

For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper....................... [15] 26

For issuing each certificate of sale of property on execution or order of sale, and for recording the original certificate with the county recorder, which must be collected from the party receiving the certificate [5] 26

 


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κ2025 Statutes of Nevada, Page 1155 (CHAPTER 183, SB 210)κ

 

For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof........................................................ [$20] $26

For serving a writ of possession or restitution, putting any person into possession entitled thereto [21] 26

For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile......................................... [2] 3

For mailing a notice of a writ of execution........................................ [2] 3

 

Κ The sheriff may charge and collect [$2 or] $3 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed [$20.] $30.

      2.  The sheriff may also charge and collect:

      (a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.

      (b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.

      (c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.

      (d) For all services in justice courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.

      3.  The sheriff is also entitled to further compensation for his or her trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.

      4.  In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.

      5.  The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.

      6.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his or her county on or before the fifth working day of the month next succeeding the month in which the fees are collected.

      Sec. 2. NRS 258.125 is hereby amended to read as follows:

      258.125  1.  Constables are entitled to the following fees for their services:

 

For serving a summons or any other process in civil cases.... [$17] $26

For summoning a jury before a justice of the peace....................... [7] 26

For taking a bond or undertaking....................................................... [5] 26

For serving an attachment against the property of a defendant.. [15] 26

 


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κ2025 Statutes of Nevada, Page 1156 (CHAPTER 183, SB 210)κ

 

For serving subpoenas, for each witness................................... [$15] $26

For a copy of any writ, process or order or other paper, when demanded or required by law, per folio       3

For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof............................................................ [20] 26

For each certificate of sale of real property under execution........ [5] 26

For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, order for delivery of personal property or any other order in a civil case, except an order of eviction, with traveling fees as for summons.................................................................... [15] 26

For serving one notice required by law before the commencement of a proceeding for any type of eviction   26

For serving not fewer than 2 nor more than 10 such notices to the same location, each notice  20

For serving not fewer than 11 nor more than 24 such notices to the same location, each notice      17

For serving 25 or more such notices to the same location, each notice 15

Except as otherwise provided in subsection 3, for mileage in serving such a notice, for each mile necessarily and actually traveled in going only............................................... [2] 3

But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.

For each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution [21] 26

For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper........................................................ [15] 26

For each warrant lawfully executed, unless a higher amount is established by the board of county commissioners................................................................................................................. 48

For mailing a notice of a writ of execution........................................ [2] 3

Except as otherwise provided in subsection 3, for mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only......................... [2] 3

But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.

 


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κ2025 Statutes of Nevada, Page 1157 (CHAPTER 183, SB 210)κ

 

Except as otherwise provided in subsection 3, for mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only.................... [$2] $3

But mileage may not exceed [$20] $30 for any unsuccessful effort to serve such process.

 

      2.  A constable is also entitled to receive:

      (a) For receiving and taking care of property on execution, attachment or order, and for executing an order of arrest in civil cases, compensation for the constable’s trouble and expense, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.

      (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, 1 percent.

      (c) For service in criminal cases, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.

      (d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $100.

      (e) For providing any other service authorized by law for which no fee is established by this chapter, the fee provided for by ordinance by the board of county commissioners.

      3.  For each service for which a constable is otherwise entitled pursuant to subsection 1 to a fee based on the mileage necessarily and actually traveled in performing the service, a board of county commissioners may provide by ordinance for the constable to be entitled, at the option of the person paying the fee, to a flat fee for the travel costs of that service.

      4.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected.

      5.  Except as otherwise provided in subsection 6, constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.

      6.  Every 5 business days, constables in an office established by the board of county commissioners as an enterprise fund shall account for and pay to the county treasurer any fee collected during the preceding period.

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κ2025 Statutes of Nevada, Page 1158κ

 

CHAPTER 184, SB 215

Senate Bill No. 215–Senators Titus and Daly

 

Joint Sponsors: Assemblymembers Watts and Yurek

 

CHAPTER 184

 

[Approved: May 31, 2025]

 

AN ACT relating to wildlife; requiring the Board of Wildlife Commissioners to adopt regulations providing for the issuance of salvage permits; providing an exception to certain prohibitions relating to wildlife; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Board of Wildlife Commissioners to establish certain policies and adopt certain regulations to carry out and to enforce certain provisions relating to wildlife. (NRS 501.181) Section 1 of this bill: (1) requires the Commission to adopt regulations requiring the Department of Wildlife to issue salvage permits that authorize a person to salvage and collect any wildlife killed as a result of a vehicle collision or any other incidental event; and (2) prohibits the Commission from prescribing a fee for the issuance of a salvage permit. Section 1 additionally provides that the Commission may, by regulation, prohibit the Department from issuing salvage permits if any wildlife in this State is confirmed to have tested positive for chronic wasting disease.

      In addition to regular hunting licenses and trapping licenses, existing law requires a person to have a tag to hunt certain species of game mammals and authorizes the Commission to require tags in certain other circumstances. (NRS 502.130) If tags are required, existing law prohibits a person from possessing any of that species, or parts thereof, without the correct tag. (NRS 502.150) Subject to certain exceptions, existing law prohibits any person from having in his or her control any wildlife or any part thereof, during the time when the killing of such wildlife is prohibited. (NRS 503.030) Sections 2 and 3 of this bill provide that a person holding a salvage permit issued by regulation of the Commission adopted pursuant to section 1 is exempted from those prohibitions.

 

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

      1.  The Commission shall adopt regulations requiring the Department to issue salvage permits that authorize a person to salvage and collect any wildlife killed as a result of a vehicle collision or any other incidental event. The regulations adopted by the Commission pursuant to this section may prohibit the Department from issuing salvage permits if any wildlife in this State is confirmed to have tested positive for chronic wasting disease.

      2.  The Commission may not prescribe a fee for the issuance of a salvage permit pursuant to the regulations of the Commission adopted pursuant to this section.

 


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κ2025 Statutes of Nevada, Page 1159 (CHAPTER 184, SB 215)κ

 

      Sec. 2. NRS 502.150 is hereby amended to read as follows:

      502.150  1.  [Whenever] Except as otherwise provided in the regulations adopted by the Commission pursuant to section 1 of this act, whenever tags are required for any species of wildlife, it is unlawful to have any of that species in possession without the correct tag. Before transporting any species of wildlife, or parts thereof, for which a tag is required, the holder of:

      (a) A paper tag must attach the tag to the animal; or

      (b) An electronic tag must validate the tag in accordance with the regulations adopted by the Commission pursuant to NRS 502.160.

Κ Possession of any species of wildlife, or parts thereof, for which a tag is required without an attached or validated tag, as applicable, is prima facie evidence that the game is illegally taken and possessed.

      2.  It is unlawful to remove any tag from any wildlife for reuse or to be in possession of excess tags or used tags.

      3.  [Whenever] Except as otherwise provided in the regulations adopted by the Commission pursuant to section 1 of this act, whenever tags are required for any species of fur-bearing mammal, possession of a pelt of that species without the tag attached thereto or validated, as applicable, is prima facie evidence that such pelt is illegally taken and possessed.

      Sec. 3. NRS 503.030 is hereby amended to read as follows:

      503.030  1.  Except as otherwise provided in this section [,] or in the regulations adopted by the Commission pursuant to section 1 of this act, it is unlawful for any person to have in his or her control any wildlife or any part thereof, the killing of which is at any time prohibited, during the time when such killing is prohibited, and the possession of such wildlife shall be prima facie evidence that it was the property of the State at the time it was caught, taken or killed in this State when the killing was unlawful, and that such taking or killing occurred in the closed season.

      2.  Wildlife legally taken may be stored in the home of the owner after the end of the open season for hunting or fishing for it and may be stored in a public warehouse or commercial refrigerator locker under such rules as may be adopted by the Commission, but in no case shall more than the amount designated by law as the legal possession limit be so kept or stored.

      3.  The Commission is authorized to make rules requiring evidence of legal taking in this State, or legal taking under the laws of the state where taken, to be provided in the case of wildlife kept or stored after the appropriate open season ends in the form of tags, certificates or otherwise, if deemed necessary or convenient for the enforcement of this title.

________

 


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CHAPTER 185, SB 251

Senate Bill No. 251–Senators Scheible; Cruz-Crawford, Doρate, Nguyen, Ohrenschall, Pazina and Taylor

 

CHAPTER 185

 

[Approved: May 31, 2025]

 

AN ACT relating to psychologists; providing for the issuance of a provisional license instead of a registration to psychological assistants and psychological interns; revising provisions governing the registration of psychological trainees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) requires a person who wishes to obtain certain postdoctoral experience in psychology to register with the Board of Psychological Examiners as a psychological assistant; and (2) authorizes a person who is in a doctoral training program or certain doctorate-level training and who wishes to engage in a predoctoral internship or to perform professional activities under the supervision of a psychologist outside of a formal internship to register with the Board as a psychological intern or psychological trainee, respectively. (NRS 641.226) Section 13 of this bill: (1) provides for psychological assistants and psychological interns to instead obtain a provisional license; and (2) revises the provisions governing the registration of psychological trainees. Section 13 provides that a person seeking a provisional license as a psychological intern must have completed any courses required for his or her doctoral training program or doctorate-level training.

      Sections 1-12 and 14-28 of this bill make conforming changes to include, in addition to references to registration as a psychological trainee, references to the issuance of a provisional license as a psychological assistant or psychological intern.

 

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 641.0263 is hereby amended to read as follows:

      641.0263  “Psychological assistant” means a person [registered with the Board] holding a provisional license as a psychological assistant issued by the Board pursuant to [subsection 1 of NRS 641.226.] NRS 641.110.

      Sec. 2. NRS 641.0265 is hereby amended to read as follows:

      641.0265  “Psychological intern” means a person [registered with the Board] holding a provisional license as a psychological intern issued by the Board pursuant to [subsection 2 of NRS 641.226.] NRS 641.110.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 641.090 is hereby amended to read as follows:

      641.090  1.  The Secretary-Treasurer shall make and keep on behalf of the Board:

      (a) A record of all its meetings and proceedings.

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

 


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      (c) A record of all examinations of applicants.

      (d) A register of all licenses , registrations and [registrations.] provisional licenses.

      (e) A register of all holders of licenses , registrations and [registrations.] provisional licenses.

      (f) An inventory of the property of the Board and of the State in the Board’s possession.

      2.  These records must be kept in the office of the Board and, except as otherwise provided in this section, are subject to public inspection during normal working hours upon reasonable notice.

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

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

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

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

      Sec. 5. NRS 641.100 is hereby amended to read as follows:

      641.100  1.  The Board shall adopt regulations:

      (a) Prescribing uniform standards concerning the locations at which persons obtaining supervised experience that is required for licensure by the Board provide services;

      (b) Authorizing the remote supervision, including, without limitation, electronic supervision, of persons obtaining supervised experience that is required for licensure by the Board who are working at remote sites and prescribing standards concerning such remote supervision; and

      (c) Prescribing a manner by which the qualifications for the issuance or renewal of a license under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood.

      2.  The Board may make and promulgate any other rules and regulations not inconsistent with the provisions of this chapter governing its procedure, the examination and licensure of applicants, the granting, refusal, revocation or suspension of licenses, the registration of persons as psychological trainees or the issuance of provisional licenses as psychological assistants [,] or psychological interns [or psychological trainees] and the practice of psychology.

 


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κ2025 Statutes of Nevada, Page 1162 (CHAPTER 185, SB 251)κ

 

      3.  On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review. The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.

      Sec. 6. NRS 641.110 is hereby amended to read as follows:

      641.110  1.  The Board may, under the provisions of this chapter:

      (a) Examine and pass upon the qualifications of the applicants for licensure.

      (b) License qualified applicants.

      (c) Register a person as a psychological trainee.

      (d) Issue provisional licenses as a psychological assistant [,] or psychological intern [or psychological trainee .] to qualified applicants.

      [(d)](e) Revoke or suspend licenses , provisional licenses and registrations.

      [(e)](f) Collect all fees and make disbursements pursuant to this chapter.

      2.  The member of the Board who is a representative of the general public shall not participate in preparing, conducting or grading any examination required by the Board.

      Sec. 7. NRS 641.1105 is hereby amended to read as follows:

      641.1105  The Board may enter into an agreement with the Department of Health and Human Services or a division thereof to provide services to carry out or improve any function of the Board. Such services may include, without limitation:

      1.  Assistance in processing applications for the issuance or renewal of licenses , registrations and [registrations;] provisional licenses;

      2.  Technical assistance;

      3.  Facilitating cooperation with other boards and licensing entities in this State or any other jurisdiction;

      4.  Recommendations to improve and standardize procedures used by the Board; and

      5.  Assistance in identifying resources for improving the operations of the Board.

      Sec. 8. NRS 641.117 is hereby amended to read as follows:

      641.117  The Board shall prescribe forms for applying for the issuance or renewal of a license [.] or provisional license. The forms must:

      1.  Be available to be completed on the Internet website maintained by the Board;

      2.  Provide immediate, automatic feedback to the applicant concerning whether the applicant has submitted all required information; and

      3.  Automatically store the data submitted by the applicant upon completion of the application.

      Sec. 9. NRS 641.145 is hereby amended to read as follows:

      641.145  1.  On or before February 1 of each year, the Board shall submit to the Joint Interim Standing Committee on Health and Human Services and to the Chair of each regional behavioral health policy board created by NRS 433.429 a report which must include:

 


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      (a) The number of complaints received, investigations completed, cases dismissed, cases settled and cases for which hearings were held within the immediately preceding calendar year;

      (b) The number of applications for the issuance or renewal of a license , [or] registration or provisional license received by the Board during the immediately preceding calendar year and the number of those applications for which the Board conducted additional review beyond the standard review regularly conducted by the Board; and

      (c) The number of applications for the issuance of a license by endorsement received by the Board pursuant to NRS 641.196 during the immediately preceding calendar year, the number of those applications that were denied and the reasons for denial.

      2.  The report submitted pursuant to this section to the Chair of each regional behavioral health policy board created by NRS 433.429 may be submitted in a written format.

      Sec. 10. NRS 641.173 is hereby amended to read as follows:

      641.173  If the Board requires an applicant for a license , [or] registration or provisional license pursuant to this chapter to submit official transcripts as proof of his or her educational qualifications, the Board must provide an alternate means for the applicant to submit official transcripts if:

      1.  The college or university from which the applicant graduated has closed or has merged with another institution; and

      2.  The provision of official transcripts by ordinary means is not available or possible.

      Sec. 11. NRS 641.175 is hereby amended to read as follows:

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

      (a) An applicant for the issuance of a license , [or] registration or provisional license shall include the social security number of the applicant in the application submitted to the Board.

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

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

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

      (b) A separate form prescribed by the Board.

      3.  A license , [or] registration or provisional license may not be issued or renewed by the Board if the applicant:

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

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

 


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

      Sec. 12. NRS 641.2215 is hereby amended to read as follows:

      641.2215  1.  The Board shall:

      (a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license , [or] registration or provisional license pursuant to this chapter through a link on the electronic application for the renewal of a license , registration or [registration;] provisional license; and

      (b) Request each applicant to complete and electronically submit the data request to the Director.

      2.  The information provided by an applicant for the renewal of a license , [or] registration or provisional license pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

      3.  An applicant for the renewal of a license , [or] registration or provisional license is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license , registration or [registration,] provisional license, for failure to do so.

      Sec. 13. NRS 641.226 is hereby amended to read as follows:

      641.226  1.  A person who wishes to obtain any postdoctoral supervised experience that is required for licensure as a psychologist pursuant to paragraph (d) of subsection 1 of NRS 641.170 must [register with] submit an application to the Board for a provisional license as a psychological assistant.

      2.  A person who:

      (a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; [and]

      (b) Has completed the courses required for his or her doctoral training program or doctorate-level training; and

      (c) Wishes to engage in a predoctoral internship pursuant to the requirements of the training program,

Κ may [register with] submit an application to the Board for a provisional license as a psychological intern.

      3.  A person who:

      (a) Is in a doctoral training program in psychology at an accredited educational institution approved by the Board or in doctorate-level training from an accredited educational institution deemed equivalent by the Board in both subject matter and extent of training; and

 


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κ2025 Statutes of Nevada, Page 1165 (CHAPTER 185, SB 251)κ

 

      (b) Wishes to perform professional activities or services under the supervision of a psychologist,

Κ may register with the Board as a psychological trainee.

      4.  A person desiring to register or obtain a provisional license as a psychological assistant, psychological intern or psychological trainee , as applicable, must:

      (a) Make application to the Board on a form, and in a manner, prescribed by the Board. The application must be accompanied by the application fee prescribed by the Board and include all information required to complete the application.

      (b) As part of the application and at his or her own expense:

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

             (2) Submit to the Board:

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

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

      5.  The Board may:

      (a) Unless the applicant’s fingerprints are directly forwarded pursuant to sub-subparagraph (II) of subparagraph (2) of paragraph (b) of subsection 4, submit those fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation and to such other law enforcement agencies as the Board deems necessary; and

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

      6.  An application for an initial registration as a psychological trainee or a provisional license as a psychological assistant [,] or psychological intern [or psychological trainee] is not considered complete and received until the Board receives:

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

 


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κ2025 Statutes of Nevada, Page 1166 (CHAPTER 185, SB 251)κ

 

      (b) The fee for the initial registration of a psychological trainee or issuance of a provisional license as a psychological assistant [,] or psychological intern [or psychological trainee] that is prescribed by the Board pursuant to NRS 641.228.

      7.  A registration or provisional license as a:

      (a) Psychological assistant expires 1 year after the date of [registration] licensure unless the [registration] provisional license is renewed pursuant to subsection 8. A [registration] provisional license as a psychological assistant may not be renewed if the renewal would cause the psychological assistant to be [registered] provisionally licensed as a psychological assistant for more than 3 years unless otherwise approved by the Board.

      (b) Psychological intern expires 2 years after the date of [registration and may not be] licensure unless the provisional license is renewed [unless otherwise approved by the Board.] pursuant to subsection 8.

      (c) Psychological trainee expires 2 years after the date of registration unless the registration is renewed pursuant to subsection 8. A registration as a psychological trainee may not be renewed if the renewal would cause the psychological trainee to be registered as a psychological trainee for more than 5 years unless otherwise approved by the Board.

      8.  To renew a registration or provisional license as a psychological assistant, psychological intern or psychological trainee, as applicable, the registrant or provisional licensee must, on or before the expiration of the [registration:] registration or provisional license:

      (a) Apply to the Board for renewal;

      (b) Pay the fee prescribed by the Board pursuant to NRS 641.228 for the renewal of a registration or provisional license as a psychological assistant, psychological intern or psychological trainee [;] , as applicable, and

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

      9.  Any activity or service performed by a psychological assistant, psychological intern or psychological trainee must be performed under the supervision of a psychologist in accordance with regulations adopted by the Board.

      Sec. 14. NRS 641.228 is hereby amended to read as follows:

      641.228  1.  The Board shall charge and collect not more than the following fees respectively:

 

For the national examination, in addition to the actual cost to the Board of the examination    $100

For any other examination required pursuant to the provisions of subsection 1 of NRS 641.180, in addition to the actual costs to the Board of the examination.......................... 100

For the issuance of an initial license........................................................ 25

For the issuance of an initial license by endorsement........................ 125

For the biennial renewal of a license of a psychologist..................... 850

For the restoration of a license suspended for the nonpayment of the biennial fee for the renewal of a license............................................................................................................... 200

 


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κ2025 Statutes of Nevada, Page 1167 (CHAPTER 185, SB 251)κ

 

For the restoration of a license suspended for the nonsubmission of evidence to the Board of completion of the requirements for continuing education as required for the renewal of the license      $200

For the registration of a firm, partnership or corporation which engages in or offers to engage in the practice of psychology.......................................................................................... 300

For the registration of a nonresident to practice as a consultant...... 100

For the initial registration of or issuance of a provisional license as a psychological assistant, psychological intern or psychological trainee , as applicable............................. 250

For the renewal of a registration of or provisional license as a psychological assistant, psychological intern or psychological trainee , as applicable.............................................. 150

 

      2.  An applicant who passes the national examination and any other examination required pursuant to the provisions of subsection 1 of NRS 641.180 and who is eligible for a license as a psychologist shall pay the biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      3.  In addition to the fees set forth in subsection 1, the Board may charge and collect a fee for the expedited processing of a request or for any other incidental service it provides. The fee must not exceed the cost to provide the service.

      4.  Except as otherwise provided in subsection 5, if an applicant submits an application for a license by endorsement pursuant to NRS 641.196, the Board shall charge and collect:

      (a) Not more than the fee specified in subsection 1 for the issuance of an initial license by endorsement; and

      (b) The biennial fee for the renewal of a license, which must be prorated for the period from the date the license is issued to the end of the biennium.

      5.  If an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran submits an application for a license by endorsement pursuant to NRS 641.196, the Board shall collect not more than one-half of the fee set forth in subsection 1 for the initial issuance of the license by endorsement.

      6.  If an applicant submits an application for an initial registration as a psychological trainee or a provisional license as a psychological assistant [,] or psychological intern [or psychological trainee] pursuant to NRS 641.226 and the applicant has previously been registered as a psychological trainee or provisionally licensed as a psychological assistant [,] or psychological intern , [or psychological trainee,] the Board must waive the fee set forth in subsection 1 for the initial [registration.] registration or provisional license.

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

      Sec. 15. NRS 641.230 is hereby amended to read as follows:

      641.230  1.  The Board may suspend or revoke a person’s license as a psychologist , [or] registration as a psychological trainee or provisional license as a psychological assistant [,] or psychological intern , [or psychological trainee,] place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by a preponderance of the evidence that the person has:

 


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κ2025 Statutes of Nevada, Page 1168 (CHAPTER 185, SB 251)κ

 

psychological trainee,] place the person on probation, require remediation for the person or take any other action specified by regulation if the Board finds by a preponderance of the evidence that the person has:

      (a) Been convicted of a felony relating to the practice of psychology or to practicing as a psychological assistant, psychological intern or psychological trainee.

      (b) Been convicted of any crime or offense that reflects the inability of the person to practice psychology or to practice as a psychological assistant, psychological intern or psychological trainee with due regard for the health and safety of others.

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

      (d) Engaged in gross malpractice or repeated malpractice or gross negligence in the practice of psychology or the practice as a psychological assistant, psychological intern or psychological trainee.

      (e) Aided or abetted the practice of psychology or the practice as a psychological assistant, psychological intern or psychological trainee by a person not licensed , [or] registered or provisionally licensed by the Board.

      (f) Made any fraudulent or untrue statement to the Board.

      (g) Violated a regulation adopted by the Board.

      (h) Had a license to practice psychology [or] , a registration to practice as a psychological trainee or a provisional license to practice as a psychological assistant [,] or psychological intern [or psychological trainee] suspended or revoked or has had any other disciplinary action taken against the person by another state or territory of the United States, the District of Columbia or a foreign country, if at least one of the grounds for discipline is the same or substantially equivalent to any ground contained in this chapter.

      (i) Failed to report to the Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license or certificate to practice psychology [or] , a registration as a psychological trainee or a provisional license to practice as a psychological assistant [,] or psychological intern [or psychological trainee] issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

      (j) Violated or attempted to violate, directly or indirectly, or assisted in or abetted the violation of or conspired to violate a provision of this chapter.

      (k) Performed or attempted to perform any professional service while impaired by alcohol, drugs or by a mental or physical illness, disorder or disease.

      (l) Engaged in sexual activity with a patient or client.

      (m) Been convicted of abuse or fraud in connection with any state or federal program which provides medical assistance.

      (n) Been convicted of submitting a false claim for payment to the insurer of a patient or client.

      (o) Operated a medical facility, as defined in NRS 449.0151, at any time during which:

             (1) The license of the facility was suspended or revoked; or

             (2) An act or omission occurred which resulted in the suspension or revocation of the license pursuant to NRS 449.160.

 


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Κ This paragraph applies to an owner or other principal responsible for the operation of the facility.

      2.  As used in this section, “preponderance of the evidence” has the meaning ascribed to it in NRS 233B.0375.

      Sec. 16. NRS 641.240 is hereby amended to read as follows:

      641.240  1.  If the Board, a panel of its members or a hearing officer appointed by the Board finds a person guilty in a disciplinary proceeding, it may:

      (a) Administer a public reprimand.

      (b) Limit the person’s practice.

      (c) Suspend the person’s license , [or] registration or provisional license for a period of not more than 1 year.

      (d) Revoke the person’s license , registration or [registration.] provisional license.

      (e) Impose a fine of not more than $5,000.

      (f) Revoke or suspend the person’s license , [or] registration or provisional license and impose a monetary penalty.

      (g) Suspend the enforcement of any penalty by placing the person on probation. The Board may revoke the probation if the person does not follow any conditions imposed.

      (h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board. The person named in the complaint is responsible for any expense incurred.

      (i) Impose and modify any conditions of probation for the protection of the public or the rehabilitation of the probationer.

      (j) Require the person to pay for the costs of remediation or restitution.

      2.  The Board shall not administer a private reprimand.

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

      Sec. 17. NRS 641.242 is hereby amended to read as follows:

      641.242  1.  If the Board receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license , [or] registration or provisional license issued pursuant to this chapter, the Board shall deem the license , [or] registration or provisional 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 Board receives a letter issued to the holder of the license , [or] registration or provisional license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license , [or] registration or provisional license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Board shall reinstate a license , [or] registration or provisional license issued pursuant to this chapter that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license , [or] registration or provisional license was suspended stating that the person whose license , [or] registration or provisional license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

 


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      Sec. 18. NRS 641.2705 is hereby amended to read as follows:

      641.2705  1.  The Board, through the President of the Board and the investigator designated by the Board, shall conduct an investigation of each complaint filed pursuant to NRS 641.250 which sets forth reason to believe that a person has violated NRS 641.390.

      2.  If, after an investigation, the Board determines that a person has violated NRS 641.390, the Board:

      (a) May issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 641.390 until the person obtains the proper license , [or] registration or provisional license from the Board;

      (b) May issue a citation to the person; and

      (c) Unless the Board determines that extenuating circumstances exist, shall forward to the appropriate law enforcement agency any substantiated information that has been submitted to the Board regarding a person who practices or offers to practice:

             (1) Psychology in this State without the proper license issued by the Board pursuant to this chapter; or

             (2) As a psychological assistant, psychological intern or psychological trainee in this State without the proper registration or provisional license issued by the Board , as applicable, pursuant to this chapter.

      3.  A citation issued pursuant to subsection 2 must be in writing and describe with particularity the nature of the violation. The citation also must inform the person of the provisions of subsection 5. Each violation of NRS 641.390 constitutes a separate offense for which a separate citation may be issued.

      4.  For any person who violates the provisions of NRS 641.390, the Board shall assess an administrative fine of:

      (a) For a first violation, $500.

      (b) For a second violation, $1,000.

      (c) For a third or subsequent violation, $1,500.

      5.  To appeal a citation issued pursuant to subsection 2, a person must submit a written request for a hearing to the Board within 30 days after the date of issuance of the citation.

      Sec. 19. NRS 641.272 is hereby amended to read as follows:

      641.272  1.  Notwithstanding the provisions of chapter 622A of NRS, the Board may require the person named in a complaint to submit to a mental examination conducted by a panel of three psychologists designated by the Board or a physical examination conducted by a physician designated by the Board.

      2.  Every psychologist licensed under this chapter and every psychological assistant, psychological intern or psychological trainee registered or provisionally licensed under this chapter who accepts the privilege of practicing psychology or practicing as a psychological assistant, psychological intern or psychological trainee in this State shall be deemed to have given consent to submit to a mental or physical examination when directed to do so in writing by the Board. The testimony or reports of the examining psychologists or physician are privileged communications, except as to proceedings conducted pursuant to this chapter.

 


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      3.  Except in extraordinary circumstances, as determined by the Board, the failure of a psychologist, psychological assistant, psychological intern or psychological trainee to submit to an examination as provided in this section constitutes grounds for the immediate suspension of the psychologist’s license or the psychological assistant’s, psychological intern’s or psychological trainee’s [registration.] registration or provisional license, as applicable.

      Sec. 20. NRS 641.274 is hereby amended to read as follows:

      641.274  Notwithstanding the provisions of chapter 622A of NRS, if the Board, a panel of its members or a hearing officer issues an order suspending the license of a psychologist , [or] the registration of a psychological trainee or the provisional license of a psychological assistant [,] or psychological intern [or psychological trainee] pending proceedings for disciplinary action and requires the psychologist, psychological assistant, psychological intern or psychological trainee to submit to a mental or physical examination or an examination of his or her competency to practice psychology or to practice as a psychological assistant, psychological intern or psychological trainee, the examination must be conducted and the results obtained within 60 days after the Board, panel of its members or hearing officer issues the order.

      Sec. 21. NRS 641.285 is hereby amended to read as follows:

      641.285  Notwithstanding the provisions of chapter 622A of NRS, in any disciplinary proceeding before the Board, a panel of its members or a hearing officer:

      1.  Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct, practice of psychology, or practice as a psychological assistant, psychological intern or psychological trainee harmful to the public.

      2.  A certified copy of the record of a court or a licensing agency showing a conviction or the suspension or revocation of a license to practice psychology [or] , a registration to practice as a psychological trainee or a provisional license to practice as a psychological assistant [,] or psychological intern [or psychological trainee] or an order containing any other disciplinary action entered by a court in the District of Columbia or any state or territory of the United States is conclusive evidence of its occurrence.

      3.  The entering of a plea of nolo contendere in a court of competent jurisdiction shall be deemed a conviction of the offense charged.

      Sec. 22. NRS 641.312 is hereby amended to read as follows:

      641.312  1.  Any person who has been placed on probation or whose license , [or] registration or provisional license has been limited, suspended or revoked is entitled to judicial review of the order.

      2.  Every order which limits the practice of psychology or the practice as a psychological assistant, psychological intern or psychological trainee or suspends or revokes a license , [or] registration or provisional license is effective from the date the Board certifies the order until the date the order is modified or reversed by a final judgment of the court.

      3.  The district court shall give a petition for judicial review of the order priority over other civil matters which are not expressly given priority by law.

 


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κ2025 Statutes of Nevada, Page 1172 (CHAPTER 185, SB 251)κ

 

      Sec. 23. NRS 641.314 is hereby amended to read as follows:

      641.314  Notwithstanding the provisions of chapter 622A of NRS:

      1.  Pending disciplinary proceedings before the Board, a panel of its members or a hearing officer, the court may, upon application by the Board or the Attorney General, issue a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a psychologist, psychological assistant, psychological intern or psychological trainee which is harmful to the public, to limit the psychologist’s, psychological assistant’s, psychological intern’s or psychological trainee’s practice or to suspend the license to practice psychology [or] , the registration to practice as a psychological trainee or the provisional license to practice as a psychological assistant [,] or psychological intern , [or psychological trainee,] without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      2.  The disciplinary proceedings before the Board, a panel of its members or a hearing officer must be instituted and determined as promptly as the requirements for investigation of the case reasonably allow.

      Sec. 24. NRS 641.316 is hereby amended to read as follows:

      641.316  1.  The Board through its President or Secretary-Treasurer or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing:

      (a) Psychology without a license or authorization to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227; or

      (b) As a psychological assistant, psychological intern or psychological trainee without a [registration.] registration or provisional license, as applicable.

      2.  Such an injunction:

      (a) May be issued without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

      (b) Does not relieve any person from criminal prosecution for practicing without a license , registration or [registration.] provisional license.

      Sec. 25. NRS 641.318 is hereby amended to read as follows:

      641.318  In addition to any other immunity provided by the provisions of chapter 622A of NRS, the Board, a review panel of a hospital, an association of psychologists or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensing of a psychologist , [or] the registering of a psychological trainee or the provisional licensing of a psychological assistant [,] or psychological intern [or psychological trainee] or the discipline of a psychologist, psychological assistant, psychological intern or psychological trainee for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

      Sec. 26. NRS 641.320 is hereby amended to read as follows:

      641.320  1.  Any person:

      (a) Whose practice of psychology or practice as a psychological assistant, psychological intern or psychological trainee has been limited;

 


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κ2025 Statutes of Nevada, Page 1173 (CHAPTER 185, SB 251)κ

 

      (b) Whose license , [or] registration or provisional license has been revoked; or

      (c) Who has been placed on probation,

Κ by an order of the Board, a panel of its members or a hearing officer may apply to the Board after 1 year for removal of the limitation or termination of the probation or may apply to the Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license , registration or [registration.] provisional license.

      2.  In hearing the application, the Board:

      (a) May require the person to submit to a mental or physical examination conducted by psychologists or by physicians whom it designates and submit such other evidence of changed conditions and of fitness as it considers proper.

      (b) Shall determine whether under all the circumstances the time of the application is reasonable.

      (c) May deny the application or modify or rescind its order as it considers the evidence and the public safety warrants.

      Sec. 27. NRS 641.440 is hereby amended to read as follows:

      641.440  Any person who:

      1.  Presents as his or her own the diploma, license, registration , provisional license or credentials of another;

      2.  Gives either false or forged evidence of any kind to the Board or any member thereof, in connection with an application for a license , registration or [registration;] provisional license;

      3.  Practices psychology or practices as a psychological assistant, psychological intern or psychological trainee under a false or assumed name or falsely personates another psychologist, psychological assistant, psychological intern or psychological trainee of a like or different name;

      4.  Except as provided in NRS 641.0295, 641.390 and 641A.410, represents himself or herself as a psychologist, or uses any title or description which incorporates the word “psychology,” “psychological,” “psychologist,” “psychometry,” “psychometrics,” “psychometrist” or any other term indicating or implying that he or she is a psychologist, unless he or she has been issued a license;

      5.  Except as otherwise provided in NRS 641.390, represents himself or herself as a psychological assistant, psychological intern or psychological trainee, or uses any title or description which incorporates the words “psychological assistant,” “psychological intern” or “psychological trainee” or any other term indicating or implying that he or she is a psychological assistant, psychological intern or psychological trainee, unless he or she has been issued a [registration;] registration or provisional license;

      6.  Practices psychology unless he or she has been issued a license; or

      7.  Practices as a psychological assistant, psychological intern or psychological trainee unless he or she has been issued a [registration,] registration or provisional license, as applicable,

Κ is guilty of a gross misdemeanor.

      Sec. 28. NRS 458A.057 is hereby amended to read as follows:

      458A.057  1.  “Qualified mental health professional” means any of the following persons:

 


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      (a) A person who is certified as a problem gambling counselor pursuant to the provisions of chapter 641C of NRS.

      (b) A person who is certified as a problem gambling counselor intern pursuant to the provisions of chapter 641C of NRS.

      (c) A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS.

      (d) A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers.

      (e) A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227, or a psychological assistant who is [registered] provisionally licensed with the Board of Psychological Examiners pursuant to the provisions of chapter 641 of NRS and the regulations adopted pursuant thereto.

      (f) A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS.

      (g) A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling persons with an addictive disorder related to gambling.

      (h) A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling persons with an addictive disorder related to gambling.

      2.  As used in this section, “practice of counseling persons with an addictive disorder related to gambling” has the meaning ascribed to it in NRS 641C.105.

      Sec. 29.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1 to 28, inclusive, of this act become effective:

      (a) Upon passage and approval for the purpose of adopting 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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κ2025 Statutes of Nevada, Page 1175κ

 

CHAPTER 186, SB 258

Senate Bill No. 258–Senators Nguyen, Cannizzaro, Stone, Titus, Buck; Cruz-Crawford, Daly, Doρate, Dondero Loop, Ellison, Krasner, Lange, Ohrenschall, Pazina, Rogich, Scheible, Steinbeck and Taylor

 

Joint Sponsors: Assemblymembers Nguyen, Yurek, Hafen, Marzola, Torres-Fossett; Anderson, Carter, Cole, Dalia, Edgeworth, Gonzαlez, Gray, Gurr, Hardy, Jackson, Jauregui, Karris, Kasama, Koenig, Monroe-Moreno, Moore, O’Neill, Orentlicher, Roth, Watts and Yeager

 

CHAPTER 186

 

[Approved: May 31, 2025]

 

AN ACT relating to industrial insurance; revising provisions governing certain civil actions involving injured employees; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the payment of compensation under industrial insurance if, during the course of employment, an employee is injured or killed by a workplace accident or occupational disease. (Chapters 616A-617 of NRS) Existing law defines the term “compensation” to mean the money which is payable to an employee or to the dependents of the employee as provided in existing law governing industrial insurance, including benefits for funerals, accident benefits or medical benefits and money for rehabilitative services. (NRS 616A.090, 617.050)

      If the injury of an injured employee was caused under circumstances creating legal liability in a person other than the employer or a person in the same employ, existing law authorizes an injured employee or the dependents of the employee, under certain circumstances, to take proceedings to recover damages from that third party. Existing law also authorizes the industrial insurer or Administrator of the Division of Industrial Relations of the Department of Business and Industry, under certain circumstances, to recover damages from that third party. Additionally, under existing law, the industrial insurer or Administrator has a lien against the total proceeds of any recovery by the injured employee or the dependents of the employee. Existing law requires the amount of compensation to which the injured employee or the dependents of the employee are entitled, including any future compensation, to be reduced by the amount of damages or proceeds recovered. (NRS 616C.215)

      This bill provides that the maximum amount that the industrial insurer or Administrator may recover for such a lien must be the lesser of: (1) the amount of the lien, minus an amount equal to one-half of the reasonable costs incurred by the injured employee or the dependents of the employee in procuring the recovery; or (2) one-third of the total amount of any recovery, inclusive of any attorney’s fees or costs and the monetary value of any other property which is recovered, minus an amount equal to one-half of the reasonable costs incurred by the injured employee or the dependents of the employee in procuring the recovery.

      This bill requires an itemized memorandum of any such reasonable costs incurred by the injured employee or the dependents of the employee in procuring the recovery to be verified by the injured employee, the dependents of the employee or the attorney or representative of the injured employee or the dependents of the employee, provided to the industrial insurer or Administrator and subject to judicial review under certain circumstances. This bill also limits any offset to the amount of future compensation received by the injured employee or dependents of the employee to: (1) an offset against payments of compensation that are not accident benefits; and (2) a reduction in each such payment which does not exceed one-third of the amount of the payment until the total amount of all such reductions equals the net amount recovered by the injured employee or dependents of the employee.

 


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κ2025 Statutes of Nevada, Page 1176 (CHAPTER 186, SB 258)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 616C.215 is hereby amended to read as follows:

      616C.215  1.  If an injured employee or, in the event of his or her death, the dependents of the employee, bring an action in tort against his or her employer to recover payment for an injury which is compensable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and, notwithstanding the provisions of NRS 616A.020, receive payment from the employer for that injury:

      (a) The amount of compensation the injured employee or the dependents of the employee are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount paid by the employer.

      (b) The insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, has a lien upon the total amount paid by the employer if the injured employee or the dependents of the employee receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS.

Κ This subsection is applicable whether the money paid to the employee or the dependents of the employee by the employer is classified as a gift, a settlement or otherwise. The provisions of this subsection do not grant to an injured employee any right of action in tort to recover damages from the employer for the injury.

      2.  When an employee receives an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances creating a legal liability in some person, other than the employer or a person in the same employ, to pay damages in respect thereof:

      (a) The injured employee, or in case of death the dependents of the employee, may take proceedings against that person to recover damages, but the amount of the compensation the injured employee or the dependents of the employee are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of the damages recovered, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

      (b) If the injured employee, or in case of death the dependents of the employee, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, has a right of action against the person so liable to pay damages and is subrogated to the rights of the injured employee or of the employee’s dependents to recover therefor.

 


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κ2025 Statutes of Nevada, Page 1177 (CHAPTER 186, SB 258)κ

 

      3.  When an injured employee incurs an injury for which compensation is payable pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS and which was caused under circumstances entitling the employee, or in the case of death the dependents of the employee, to receive proceeds under his or her employer’s policy of uninsured or underinsured vehicle coverage:

      (a) The injured employee, or in the case of death the dependents of the employee, may take proceedings to recover those proceeds, but the amount of compensation the injured employee or the dependents of the employee are entitled to receive pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, including any future compensation, must be reduced by the amount of proceeds received.

      (b) If an injured employee, or in the case of death the dependents of the employee, receive compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS, the insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, is subrogated to the rights of the injured employee or the dependents of the employee to recover proceeds under the employer’s policy of uninsured or underinsured vehicle coverage. The insurer and the Administrator are not subrogated to the rights of an injured employee or the dependents of the employee under a policy of uninsured or underinsured vehicle coverage purchased by the employee.

      (c) Any provision in the employer’s policy of uninsured or underinsured vehicle coverage which has the effect of:

             (1) Limiting the rights of the injured employee or the dependents of the employee to recover proceeds under the policy because of the receipt of any compensation pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS;

             (2) Limiting the rights of subrogation of the insurer or Administrator provided by paragraph (b); or

             (3) Excluding coverage which inures to the direct or indirect benefit of the insurer or Administrator,

Κ is void.

      4.  In any action or proceedings taken by the insurer or the Administrator pursuant to this section, evidence of the amount of compensation, accident benefits and other expenditures which the insurer, the Uninsured Employers’ Claim Account or a subsequent injury account have paid or become obligated to pay by reason of the injury or death of the employee is admissible. If in such action or proceedings the insurer or the Administrator recovers more than those amounts, the excess must be paid to the injured employee or the dependents of the employee.

      5.  [In] Except as otherwise provided in subsection 7, in any case where the insurer or the Administrator is subrogated to the rights of the injured employee or of the employee’s dependents as provided in subsection 2 or 3, the insurer or the Administrator has a lien upon the total proceeds of any recovery from some person other than the employer, whether the proceeds of

 


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κ2025 Statutes of Nevada, Page 1178 (CHAPTER 186, SB 258)κ

 

such recovery are by way of judgment, settlement or otherwise. The injured employee, or in the case of his or her death the dependents of the employee, are not entitled to double recovery for the same injury, notwithstanding any act or omission of the employer or a person in the same employ which was a direct or proximate cause of the employee’s injury.

      6.  [The] Except as otherwise provided in subsection 7, the lien provided for pursuant to subsection 1 or 5 includes the total compensation expenditure incurred by the insurer, the Uninsured Employers’ Claim Account or a subsequent injury account for the injured employee and the dependents of the employee.

      7.  For a lien provided for pursuant to subsection 5:

      (a) The maximum amount which the insurer or Administrator may recover must be the lesser of:

             (1) The amount of the lien, as reduced pursuant to paragraph (b); or

             (2) One-third of the total amount recovered from the person other than the employer or person in the same employ, as reduced pursuant to paragraph (b). As used in this subparagraph, “total amount recovered” means the total proceeds described in subsection 5, including, without limitation, any attorney’s fees or costs and the monetary value of any virtual currency, securities, real property, personal property or intellectual property which is part of the judgment, settlement or other means of recovery, as applicable, as calculated on the date on which the judgment, settlement or other document providing for the other means of recovery, as applicable, is executed.

      (b) The maximum amount which the insurer or Administrator may recover pursuant to paragraph (a) must be reduced by an amount equal to one-half of the reasonable costs incurred by the injured employee, or in the case of death the dependents of the employee, in prosecuting or settling the claim against a person other than the employer or person in the same employ. An itemized memorandum of any such reasonable costs:

             (1) Must be verified by the injured employee, the dependents of the employee or the attorney or representative of the injured employee or the dependents of the employee and provided to the insurer or Administrator.

             (2) Is subject to judicial review in a court of competent jurisdiction, if a petition is filed within 30 days after the date on which the insurer or Administrator receives a verified itemized memorandum provided pursuant to subparagraph (1).

      (c) If the insurer or Administrator imposes an offset to the amount of future compensation that the injured employee, or in the case of death the dependents of the employee, is entitled to receive:

             (1) Such an offset may be applied only against payments of compensation that are not accident benefits; and

             (2) Each individual payment to which the offset applied must be reduced by not more than one-third of the amount otherwise owed until the total amount of all such reductions equals the net amount recovered by the injured employee, or in the case of death the dependents of the employee,

 


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κ2025 Statutes of Nevada, Page 1179 (CHAPTER 186, SB 258)κ

 

from the person other than the employer or person in the same employ. As used in this subparagraph, “net amount recovered” means an amount equal to the monetary value of the total amount recovered, as defined in subparagraph (2) of paragraph (a), minus:

                   (I) The maximum amount which the insurer or Administrator may recover pursuant to paragraph (a); and

                   (II) The amount of any attorney’s fees.

      8.  An injured employee, or in the case of death the dependents of the employee, or the attorney or representative of the injured employee or the dependents of the employee, shall notify the insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, in writing before initiating a proceeding or action pursuant to this section.

      [8.] 9.  Within 15 days after the date of recovery by way of actual receipt of the proceeds of the judgment, settlement or otherwise:

      (a) The injured employee or the dependents of the employee, or the attorney or representative of the injured employee or the dependents of the employee; and

      (b) The third-party insurer,

Κ shall notify the insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, of the recovery and pay to the insurer or the Administrator, respectively, the amount due pursuant to this section together with an itemized statement showing the distribution of the total recovery. The attorney or representative of the injured employee or the dependents of the employee and the third-party insurer are jointly and severally liable for any amount to which an insurer is entitled pursuant to this section if the attorney, representative or third-party insurer has knowledge of the lien provided for in this section.

      [9.] 10.  An insurer shall not sell its lien to a third-party insurer unless the injured employee or the dependents of the employee, or the attorney or representative of the injured employee or the dependents of the employee, refuses to provide to the insurer information concerning the action against the third party.

      [10.] 11.  In any trial of an action by the injured employee, or in the case of his or her death by the dependents of the employee, against a person other than the employer or a person in the same employ, the jury must receive proof of the amount of all payments made or to be made by the insurer or the Administrator. The court shall instruct the jury substantially as follows:

 

       Payment of workmen’s compensation benefits by the insurer, or in the case of claims involving the Uninsured Employers’ Claim Account or a subsequent injury account the Administrator, is based upon the fact that a compensable industrial accident occurred, and does not depend upon blame or fault. If the plaintiff does not obtain a judgment in his or her favor in this case, the plaintiff is not required to repay his or her employer, the insurer or the Administrator any amount paid to the plaintiff or paid on the behalf of the plaintiff by the plaintiff’s employer, the insurer or the Administrator.

 


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       If you decide that the plaintiff is entitled to judgment against the defendant, you shall find damages for the plaintiff in accordance with the court’s instructions on damages and return your verdict in the plaintiff’s favor in the amount so found without deducting the amount of any compensation benefits paid to or for the plaintiff. The law provides a means by which any compensation benefits will be repaid from your award.

 

      [11.] 12.  To calculate an employer’s premium, the employer’s account with the private carrier must be credited with an amount equal to that recovered by the private carrier from a third party pursuant to this section, less the private carrier’s share of the expenses of litigation incurred in obtaining the recovery, except that the total credit must not exceed the amount of compensation actually paid or reserved by the private carrier on the injured employee’s claim.

      [12.]13.  As used in this section, “third-party insurer” means an insurer that issued to a third party who is liable for damages pursuant to subsection 2, a policy of liability insurance the proceeds of which are recoverable pursuant to this section. The term includes an insurer that issued to an employer a policy of uninsured or underinsured vehicle coverage.

      Sec. 2.  1.  The amendatory provisions of this act apply to any:

      (a) Action or proceeding initiated pursuant to or which is subject to the provisions of NRS 616C.215, as that section existed before the effective date of this act, or as amended by section 1 of this act, in which a final judgment, settlement or other disposition has not been entered by the effective date of this act.

      (b) Claim for compensation pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, which is open on or filed on or after the effective date of this act.

      2.  As used in this section, “compensation” has the meaning ascribed to it in NRS 616A.090 or 617.050, as applicable.

      Sec. 3.  This act becomes effective upon passage and approval.

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κ2025 Statutes of Nevada, Page 1181κ

 

CHAPTER 187, SB 266

Senate Bill No. 266–Senators Taylor, Cruz-Crawford; Cannizzaro, Daly, Doρate, Dondero Loop, Flores, Ohrenschall, Pazina and Scheible

 

CHAPTER 187

 

[Approved: May 31, 2025]

 

AN ACT relating to health care; authorizing certain providers of behavioral health services to participate in the Student Loan Repayment for Providers of Health Care in Underserved Communities Program; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law: (1) creates the Student Loan Repayment for Providers of Health Care in Underserved Communities Program within the Office of the State Treasurer to repay the student education loans of certain providers of health care who work in certain underserved communities; and (2) establishes certain eligibility requirements for such providers of health care to obtain loan repayment through the Program. (NRS 226.450-226.466) Existing law defines “provider of health care” to include certain persons for purposes of the Program. (NRS 226.454) This bill expands the definition of “provider of health care” to include a marriage and family therapist, a clinical alcohol and drug counselor or a licensed or certified alcohol and drug counselor, thereby making the benefits of the Program available to such persons.

 

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 226.454 is hereby amended to read as follows:

      226.454  “Provider of health care” means:

      1.  A physician;

      2.  A physician assistant licensed pursuant to chapter 630 or 633 of NRS;

      3.  A dentist;

      4.  A licensed nurse;

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

      6.  An optometrist;

      7.  An audiologist;

      8.  A practitioner of respiratory care;

      9.  A podiatric physician;

      10.  A psychologist;

      11.  A clinical professional counselor;

      12.  A marriage and family therapist;

      13.  A clinical alcohol and drug counselor or a licensed or certified alcohol and drug counselor;

      14.  A perfusionist;

      [13.]15.  A pharmacist or pharmacy technician;

      [14.]16.  An associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;

 


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      [15.]17.  A midwife; or

      [16.]18.  A provider of doula services who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to receive reimbursement through Medicaid pursuant to NRS 422.27177.

      Sec. 2.  This act becomes effective on July 1, 2025.

________

CHAPTER 188, SB 268

Senate Bill No. 268–Senator Flores

 

CHAPTER 188

 

[Approved: May 31, 2025]

 

AN ACT relating to insurance; requiring certain health insurance to include coverage for certain dental services when provided by certain dental hygienists without the supervision of a dentist to the same extent as if provided by a dental hygienist under the supervision of a dentist; revising provisions governing the services that a dental hygienist with a special endorsement to practice public health dental hygiene may provide; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes the Board of Dental Examiners of Nevada to issue to a licensed dental hygienist who meets certain qualifications prescribed by the Board a special endorsement that allows the dental hygienist to practice public health dental hygiene. Under existing law, a dental hygienist who holds such a special endorsement is authorized to provide services specified by the Board by regulation without the authorization or supervision of a dentist. (NRS 631.287) Existing regulations of the Board set forth: (1) various services that a dental hygienist who holds a special endorsement may provide without authorization or supervision of a dentist; (2) certain conditions for the provision of such services; and (3) the circumstances under which the authorization to provide such services may be suspended or revoked. (NAC 631.210) Section 12.5 of this bill codifies such authorized services, conditions and circumstances into statute.

      Sections 1, 3-9, 11, 12 and 14-16 of this bill require certain public and private policies of health insurance and health plans, including Medicaid, who provide coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist to provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist. Sections 1, 3, 4, 6-8, 11, 12 and 16 define the term “qualified dental hygienist” to mean a dental hygienist who holds a special endorsement to practice public health dental hygiene, is employed by a nonprofit organization and provides services within the scope of that employment.

      Section 13 of this bill makes a conforming change to require the Director of the Department of Health and Human Services to administer the provisions of section 16 in the same manner as other provisions relating to Medicaid. Section 2 of this bill authorizes the Commissioner of Insurance to require that certain policies of health insurance issued by a domestic insurer to a person who resides in another state include the coverage required by section 1.

 


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      Section 10 of this bill authorizes the Commissioner to suspend or revoke the certificate of authority of a health maintenance organization that fails to comply with the requirements of section 8. The Commissioner would also be authorized to take such action against other private health insurers and organizations for dental care that fail to comply with the requirements of sections 1, 3, 4, 6, 7, 11 and 12. (NRS 680A.200, 695D.300)

 

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 689A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a policy of health insurance which includes coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist shall provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist.

      2.  A policy of health insurance subject to the provisions of this chapter which provides coverage for a dental service described in subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 2. NRS 689A.330 is hereby amended to read as follows:

      689A.330  If any policy is issued by a domestic insurer for delivery to a person residing in another state, and if the insurance commissioner or corresponding public officer of that other state has informed the Commissioner that the policy is not subject to approval or disapproval by that officer, the Commissioner may by ruling require that the policy meet the standards set forth in NRS 689A.030 to 689A.320, inclusive [.] , and section 1 of this act.

      Sec. 3. Chapter 689B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a policy of group health insurance which includes coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist shall provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist.

      2.  A policy of group health insurance subject to the provisions of this chapter which provides coverage for a dental service described in subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the policy that conflicts with the provisions of this section is void.

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

 


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Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 4. Chapter 689C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A carrier that offers or issues a health benefit plan which includes coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist shall provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist.

      2.  A health benefit plan subject to the provisions of this chapter which provides coverage for a dental service described in subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void.

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 5. NRS 689C.425 is hereby amended to read as follows:

      689C.425  A voluntary purchasing group and any contract issued to such a group pursuant to NRS 689C.360 to 689C.600, inclusive, are subject to the provisions of NRS 689C.015 to 689C.355, inclusive, and section 4 of this act to the extent applicable and not in conflict with the express provisions of NRS 687B.408 and 689C.360 to 689C.600, inclusive.

      Sec. 6. Chapter 695A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A society that offers or issues a benefit contract which includes coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist shall provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist.

      2.  A benefit contract subject to the provisions of this chapter which provides coverage for a dental service described in subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the contract that conflicts with the provisions of this section is void.

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 7. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An insurer that offers or issues a contract for dental services which includes coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist shall provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist.

      2.  A contract for dental services subject to the provisions of this chapter which provides coverage for a dental service described in subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the contract that conflicts with the provisions of this section is void.

 


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subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the contract that conflicts with the provisions of this section is void.

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 8. Chapter 695C of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A health maintenance organization that offers or issues a health care plan which includes coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist shall provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist.

      2.  A health care plan subject to the provisions of this chapter which provides coverage for a dental service described in subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void.

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 9. NRS 695C.050 is hereby amended to read as follows:

      695C.050  1.  Except as otherwise provided in this chapter or in specific provisions of this title, the provisions of this title are not applicable to any health maintenance organization granted a certificate of authority under this chapter. This provision does not apply to an insurer licensed and regulated pursuant to this title except with respect to its activities as a health maintenance organization authorized and regulated pursuant to this chapter.

      2.  Solicitation of enrollees by a health maintenance organization granted a certificate of authority, or its representatives, must not be construed to violate any provision of law relating to solicitation or advertising by practitioners of a healing art.

      3.  Any health maintenance organization authorized under this chapter shall not be deemed to be practicing medicine and is exempt from the provisions of chapter 630 of NRS.

      4.  The provisions of NRS 695C.110, 695C.125, 695C.1691, 695C.1693, 695C.170, 695C.1703, 695C.1705, 695C.1709 to 695C.173, inclusive, 695C.1733, 695C.17335, 695C.1734, 695C.1751, 695C.1755, 695C.1759, 695C.176 to 695C.200, inclusive, and 695C.265 do not apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Children’s Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      5.  The provisions of NRS 695C.16932 to 695C.1699, inclusive, 695C.1701, 695C.1708, 695C.1728, 695C.1731, 695C.17333, 695C.17345, 695C.17347, 695C.1736 to 695C.1745, inclusive, 695C.1757 and 695C.204 and section 8 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

 


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695C.17347, 695C.1736 to 695C.1745, inclusive, 695C.1757 and 695C.204 and section 8 of this act apply to a health maintenance organization that provides health care services through managed care to recipients of Medicaid under the State Plan for Medicaid.

      6.  The provisions of NRS 695C.17095 do not apply to a health maintenance organization that provides health care services to members of the Public Employees’ Benefits Program. This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      7.  The provisions of NRS 695C.1735 do not apply to a health maintenance organization that provides health care services to:

      (a) The officers and employees, and the dependents of officers and employees, of the governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of this State; or

      (b) Members of the Public Employees’ Benefits Program.

Κ This subsection does not exempt a health maintenance organization from any provision of this chapter for services provided pursuant to any other contract.

      Sec. 10. NRS 695C.330 is hereby amended to read as follows:

      695C.330  1.  The Commissioner may suspend or revoke any certificate of authority issued to a health maintenance organization pursuant to the provisions of this chapter if the Commissioner finds that any of the following conditions exist:

      (a) The health maintenance organization is operating significantly in contravention of its basic organizational document, its health care plan or in a manner contrary to that described in and reasonably inferred from any other information submitted pursuant to NRS 695C.060, 695C.070 and 695C.140, unless any amendments to those submissions have been filed with and approved by the Commissioner;

      (b) The health maintenance organization issues evidence of coverage or uses a schedule of charges for health care services which do not comply with the requirements of NRS 695C.1691 to 695C.200, inclusive, and section 8 of this act, 695C.204 or 695C.207;

      (c) The health care plan does not furnish comprehensive health care services as provided for in NRS 695C.060;

      (d) The Commissioner certifies that the health maintenance organization:

             (1) Does not meet the requirements of subsection 1 of NRS 695C.080; or

             (2) Is unable to fulfill its obligations to furnish health care services as required under its health care plan;

      (e) The health maintenance organization is no longer financially responsible and may reasonably be expected to be unable to meet its obligations to enrollees or prospective enrollees;

      (f) The health maintenance organization has failed to put into effect a mechanism affording the enrollees an opportunity to participate in matters relating to the content of programs pursuant to NRS 695C.110;

      (g) The health maintenance organization has failed to put into effect the system required by NRS 695C.260 for:

             (1) Resolving complaints in a manner reasonably to dispose of valid complaints; and

             (2) Conducting external reviews of adverse determinations that comply with the provisions of NRS 695G.241 to 695G.310, inclusive;

 


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      (h) The health maintenance organization or any person on its behalf has advertised or merchandised its services in an untrue, misrepresentative, misleading, deceptive or unfair manner;

      (i) The continued operation of the health maintenance organization would be hazardous to its enrollees or creditors or to the general public;

      (j) The health maintenance organization fails to provide the coverage required by NRS 695C.1691; or

      (k) The health maintenance organization has otherwise failed to comply substantially with the provisions of this chapter.

      2.  A certificate of authority must be suspended or revoked only after compliance with the requirements of NRS 695C.340.

      3.  If the certificate of authority of a health maintenance organization is suspended, the health maintenance organization shall not, during the period of that suspension, enroll any additional groups or new individual contracts, unless those groups or persons were contracted for before the date of suspension.

      4.  If the certificate of authority of a health maintenance organization is revoked, the organization shall proceed, immediately following the effective date of the order of revocation, to wind up its affairs and shall conduct no further business except as may be essential to the orderly conclusion of the affairs of the organization. It shall engage in no further advertising or solicitation of any kind. The Commissioner may, by written order, permit such further operation of the organization as the Commissioner may find to be in the best interest of enrollees to the end that enrollees are afforded the greatest practical opportunity to obtain continuing coverage for health care.

      Sec. 11. Chapter 695D of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An organization for dental care that offers or issues a plan for dental care which includes coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist shall provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist.

      2.  A plan for dental care subject to the provisions of this chapter which provides coverage for a dental service described in subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void.

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 12. Chapter 695G of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  A managed care organization that offers or issues a health care plan which includes coverage for a dental service that a qualified dental hygienist is authorized to provide without the supervision of a dentist shall provide coverage for that service when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if provided by a qualified dental hygienist under the supervision of a dentist.

      2.  A health care plan subject to the provisions of this chapter which provides coverage for a dental service described in subsection 1 and that is delivered, issued for delivery or renewed on or after October 1, 2025, has the legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void.

 


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legal effect of including the coverage required by this section, and any provision of the plan that conflicts with the provisions of this section is void.

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 12.5. NRS 631.287 is hereby amended to read as follows:

      631.287  1.  The Board shall, upon application by a dental hygienist who is licensed pursuant to this chapter and has such qualifications as the Board specifies by regulation, issue a special endorsement of the license allowing the dental hygienist to practice public health dental hygiene. The special endorsement may be renewed biennially upon the renewal of the license of the dental hygienist.

      2.  [A] Except as otherwise provided in subsections 4 and 5, a dental hygienist who holds a special endorsement issued pursuant to subsection 1 may provide services without the authorization or supervision of a dentist only as specified by regulations adopted by the Board.

      3.  As part of a program for the provision of public health dental hygiene approved by the Board, a dental hygienist with a special endorsement to practice public health dental hygiene may authorize a dental assistant or expanded function dental assistant under his or her direct supervision to:

      (a) Apply dental sealants;

      (b) Apply topical fluoride;

      (c) Perform coronal polishing;

      (d) Take radiographs; and

      (e) Provide oral health education.

      4.  Except as otherwise provided in subsection 6, a dental hygienist who holds a special endorsement issued pursuant to subsection 1 may perform the services set forth in subsection 5 without supervision by a dentist and without authorization from the licensed dentist of the patient on whom the services are to be performed, if:

      (a) The services are performed at a health facility, a school or a place in this State approved by the Board; and

      (b) The Board approves the treatment protocol submitted by the dental hygienist which includes an explanation of the methods that the dental hygienist will use to:

             (1) Treat patients; and

             (2) Refer patients to a dentist for:

                   (I) Follow-up care;

                   (II) Diagnostic services; and

                   (III) Any service that the dental hygienist is not authorized to perform.

      5.  In compliance with the requirements of subsection 4, a dental hygienist described in subsection 4 may:

      (a) Expose radiographs.

      (b) Conduct an assessment of the oral health of the patient through medical and dental histories, radiographs, indices, risk assessments and intraoral and extraoral procedures that analyze and identify the oral health needs and problems of the patient.

      (c) After conducting an assessment pursuant to paragraph (b), develop a dental hygiene care plan to address the oral health needs and problems of the patient described in paragraph (b).

 


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      (d) Provide dental hygiene care that includes:

             (1) Implementation of a dental hygiene care plan described in paragraph (c).

             (2) Evaluation of oral and periodontal health after the implementation of the dental hygiene care plan as described in subparagraph (1) in order to identify the subsequent treatment, continued care and referral needs of the patient.

      (e) Remove stains, deposits and accretions, including dental calculus.

      (f) Smooth the natural and restored surface of a tooth by using the procedures and instruments commonly used in oral prophylaxis, except that an abrasive stone, disc or bur may be used only to polish a restoration.

      (g) Take the following type of impressions:

             (1) Those used for the preparation of diagnostic models;

             (2) Those used for the fabrication of temporary crowns or bridges; and

             (3) Those used for the fabrication of temporary removable appliances, provided no missing teeth are replaced by those appliances.

      (h) Perform subgingival curettage.

      (i) Remove sutures.

      (j) Place and remove a periodontal pack.

      (k) Remove excess cement from cemented restorations and orthodontic appliances. A dental hygienist may not use a rotary cutting instrument to remove excess cement from restorations or orthodontic appliances.

      (l) Train and instruct persons in the techniques of oral hygiene and preventative procedures.

      (m) Recement and repair temporary crowns and bridges.

      (n) Recement permanent crowns and bridges with nonpermanent material as a palliative treatment.

      (o) Place a temporary restoration with nonpermanent material as a palliative treatment.

      (p) Administer local intraoral chemotherapeutic agents in any form except aerosol, including, but not limited to:

             (1) Antimicrobial agents;

             (2) Fluoride preparations;

             (3) Topical antibiotics; and

             (4) Topical desensitizing agents.

      (q) Apply pit and fissure sealant to the dentition for the prevention of decay.

      6.  The Board may suspend or revoke the authorization described in subsection 4 if the:

      (a) Dental hygienist fails to renew his or her license or it is canceled, suspended or revoked;

      (b) Board receives a complaint filed against the dental hygienist;

      (c) Dental hygienist commits an act which constitutes a cause for disciplinary action; or

      (d) Dental hygienist violates any provision of this chapter or the regulations adopted pursuant thereto.

Κ Nothing in this subsection prohibits a dental hygienist from applying for reinstatement of the authorization to perform the services described in subsection 4 if the Board suspends or revokes the authorization pursuant to this subsection.

 


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      7.  As used in this section:

      (a) “Health care facility” has the meaning ascribed to it in NRS 162A.740.

      (b) “Health facility” has the meaning ascribed to it in NRS 449.260.

      (c) “Oral prophylaxis” means the preventive dental procedure of scaling and polishing which includes the removal of calculus, soft deposits, plaques and stains and the smoothing of unattached tooth surfaces in order to create an environment in which hard and soft tissues can be maintained in good health by the patient.

      (d) “School” means an elementary, secondary or postsecondary educational facility, public or private, in this State.

      Sec. 13. 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, 458A and 656A of NRS, NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, and section 16 of this act, 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.

      (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.

 


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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. 14. NRS 287.010 is hereby amended to read as follows:

      287.010  1.  The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada may:

      (a) Adopt and carry into effect a system of group life, accident or health insurance, or any combination thereof, for the benefit of its officers and employees, and the dependents of officers and employees who elect to accept the insurance and who, where necessary, have authorized the governing body to make deductions from their compensation for the payment of premiums on the insurance.

      (b) Purchase group policies of life, accident or health insurance, or any combination thereof, for the benefit of such officers and employees, and the dependents of such officers and employees, as have authorized the purchase, from insurance companies authorized to transact the business of such insurance in the State of Nevada, and, where necessary, deduct from the compensation of officers and employees the premiums upon insurance and pay the deductions upon the premiums.

      (c) Provide group life, accident or health coverage through a self-insurance reserve fund and, where necessary, deduct contributions to the maintenance of the fund from the compensation of officers and employees and pay the deductions into the fund. The money accumulated for this purpose through deductions from the compensation of officers and employees and contributions of the governing body must be maintained as an internal service fund as defined by NRS 354.543. The money must be deposited in a state or national bank or credit union authorized to transact business in the State of Nevada. Any independent administrator of a fund created under this section is subject to the licensing requirements of chapter 683A of NRS, and must be a resident of this State. Any contract with an independent administrator must be approved by the Commissioner of Insurance as to the reasonableness of administrative charges in relation to contributions collected and benefits provided. The provisions of NRS 439.581 to 439.597, inclusive, 686A.135, 687B.352, 687B.408, 687B.692, 687B.723, 687B.725, 687B.805, 689B.030 to 689B.0317, inclusive, paragraphs (b) and (c) of subsection 1 of NRS 689B.0319, subsections 2, 4, 6 and 7 of NRS 689B.0319, 689B.033 to 689B.0369, inclusive, 689B.0375 to 689B.050, inclusive, 689B.0675, 689B.265, 689B.287 and 689B.500 and section 3 of this act apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.

      (d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

 


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budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.

      2.  If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.

      3.  In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.

      4.  If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:

      (a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and

      (b) Must be required by the contract to pay the premiums or contributions for all insurance which they elect to accept or of which they authorize the purchase.

      5.  A contract that is entered into pursuant to subsection 3:

      (a)Must be submitted to the Commissioner of Insurance for approval not less than 30 days before the date on which the contract is to become effective.

      (b) Does not become effective unless approved by the Commissioner.

      (c) Shall be deemed to be approved if not disapproved by the Commissioner within 30 days after its submission.

      6.  As used in this section, “legal services organization” means an organization that operates a program for legal aid and receives money pursuant to NRS 19.031.

      Sec. 15. NRS 287.04335 is hereby amended to read as follows:

      287.04335  If the Board provides health insurance through a plan of self-insurance, it shall comply with the provisions of NRS 439.581 to 439.597, inclusive, 686A.135, 687B.352, 687B.409, 687B.692, 687B.723, 687B.725, 687B.805, 689B.0353, 689B.255, 695C.1723, 695G.150, 695G.155, 695G.160, 695G.162, 695G.1635, 695G.164, 695G.1645, 695G.1665, 695G.167, 695G.1675, 695G.170 to 695G.1712, inclusive, 695G.1714 to 695G.174, inclusive, 695G.176, 695G.177, 695G.200 to 695G.230, inclusive, 695G.241 to 695G.310, inclusive, 695G.405 and 695G.415, and section 12 of this act, in the same manner as an insurer that is licensed pursuant to title 57 of NRS is required to comply with those provisions.

      Sec. 16. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  To the extent that federal financial participation is available, the Director shall include under Medicaid a requirement that the State must provide reimbursement for any dental service covered by Medicaid that a qualified dental hygienist is authorized to provide without the supervision of a dentist when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if the service was provided by a qualified dental hygienist under the supervision of a dentist.

 


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provide reimbursement for any dental service covered by Medicaid that a qualified dental hygienist is authorized to provide without the supervision of a dentist when provided by such a qualified dental hygienist without the supervision of a dentist to the same extent as if the service was provided by a qualified dental hygienist under the supervision of a dentist.

      2.  The Department shall:

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

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

      3.  As used in this section, “qualified dental hygienist” means a dental hygienist who holds a special endorsement issued by the Board of Dental Examiners of Nevada pursuant to NRS 631.287, is employed by a nonprofit organization and provides services within the scope of that employment.

      Sec. 17.  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.

________

CHAPTER 189, SB 276

Senate Bill No. 276–Senators Hansen, Flores, Buck, Krasner, Stone; Doρate, Ellison, Ohrenschall, Pazina, Scheible, Steinbeck and Taylor

 

Joint Sponsors: Assemblymembers Watts, O’Neill; Anderson, Karris and La Rue Hatch

 

CHAPTER 189

 

[Approved: May 31, 2025]

 

AN ACT relating to water; establishing provisions governing the reporting and sharing of certain information relating to water by certain governmental entities and Indian tribes; providing a penalty; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law sets forth various requirements to control water pollution in this State, including providing for the issuance of a general permit or an individual permit for discharges into the waters of the State. (NRS 445A.475, 445A.480) Existing law requires: (1) the State Department of Conservation and Natural Resources, with certain exceptions, to notify each interested person, appropriate governmental agency and affected Indian tribe of each complete application for such a permit and provide them with an opportunity to submit written views and recommendations on the permit; and (2) the State Environmental Commission, with certain exceptions, to provide by regulation an opportunity for each permit applicant, interested agency, city, county, Indian tribe or irrigation district located downstream from the point of discharge, or any person, to request a public hearing with respect to a permit application. (NRS 445A.590, 445A.595)

 


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      Section 3 of this bill requires any city, county, unincorporated town, general improvement district, wastewater district or water authority of this State: (1) in the event of an incident resulting in the discharge of sewage or industrial waste or any other unauthorized discharge into the waters of the State, under certain circumstances, to notify the Division of Environmental Protection of the Department; and (2) upon request, provide information to an Indian tribe that requests information that is a public record relating to an incident or a policy of water treatment. Section 3 additionally: (1) requires the Division, if notified of a discharge, to then notify any Indian tribe that may be affected by the discharge; and (2) prohibits a city, county, unincorporated town, general improvement district, wastewater district or water authority from entering into a contract, agreement or other legal mechanism that would prevent the sharing of such information with an Indian tribe.

      Section 5 of this bill applies certain definitions in existing law relating to water pollution to the provisions of section 3. Sections 8-15 of this bill apply certain provisions relating to the enforcement and civil and criminal penalties to the provisions of section 3.

 

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 445A of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2.  (Deleted by amendment.)

      Sec. 3. 1.  In the event of an incident resulting in the discharge of sewage or industrial waste or any other unauthorized discharge into the waters of the State:

      (a) Any city, county, unincorporated town, general improvement district, wastewater district or water authority of this State that has powers, duties or jurisdiction within the area of the incident that has been notified or is aware of the incident shall notify the Division electronically on the Internet website of the Division or by telephone. The Division shall provide instructions for reporting a discharge on the Internet website of the Division.

      (b) If the Division is notified of a discharge pursuant to paragraph (a) and an Indian tribe in the area of the discharge may be affected by the discharge, as determined by the Division, the Division shall notify the Indian tribe in accordance with the policy developed by the Department of Native American Affairs pursuant to NRS 233A.260.

      2.  If an Indian tribe requests information relating to any incident or relating to any policy of water treatment from a state agency, city, county, unincorporated town, general improvement district, wastewater district or water authority of this State, the applicable entity shall provide any requested information that is a public record to the Indian tribe pursuant to the provisions of chapter 239 of NRS.

      3.  No city, county, unincorporated town, general improvement district, wastewater district or water authority of this State may enter into a contract, agreement or any other legal mechanism that would prevent the city, county, unincorporated town, general improvement district, wastewater district or water authority from sharing information in accordance with the requirements of this section. Nothing in this subsection shall be construed to interfere with attorney-client privilege.

 


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      Sec. 4.  (Deleted by amendment.)

      Sec. 5. NRS 445A.310 is hereby amended to read as follows:

      445A.310  As used in NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, unless the context otherwise requires, the words and terms defined in NRS 445A.315 to 445A.420, inclusive, have the meanings ascribed to them in those sections.

      Secs. 6 and 7. (Deleted by amendment.)

      Sec. 8. NRS 445A.655 is hereby amended to read as follows:

      445A.655  To enforce the provisions of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or any regulation, order or permit issued thereunder, the Director or authorized representative of the Department may, upon presenting proper credentials:

      1.  Enter any premises in which any act violating NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, originates or takes place or in which any required records are required to be maintained;

      2.  At reasonable times, have access to and copy any records required to be maintained;

      3.  Inspect any equipment or method for continuing observation; and

      4.  Have access to and sample any discharges or injection of fluids into waters of the State which result directly or indirectly from activities of the owner or operator of the premises where the discharge originates or takes place or the injection of fluids through a well takes place.

      Sec. 9. NRS 445A.675 is hereby amended to read as follows:

      445A.675  1.  Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, any standard or other regulation adopted by the Commission pursuant to those sections, or any permit issued by the Department pursuant to those sections, except for any violation of a provision concerning a diffuse source, the Director may:

      (a) Issue an order pursuant to NRS 445A.690;

      (b) Commence a civil action pursuant to NRS 445A.695 or 445A.700; or

      (c) Request that the Attorney General institute by indictment or information a criminal prosecution pursuant to NRS 445A.705 and 445A.710.

      2.  The remedies and sanctions specified in subsection 1 are cumulative, and the institution of any proceeding or action seeking any one of the remedies or sanctions does not bar any simultaneous or subsequent action or proceeding seeking any other of the remedies or sanctions.

      Sec. 10. NRS 445A.680 is hereby amended to read as follows:

      445A.680  Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or about to engage in any act or practice which violates any provision of NRS 445A.565, 445A.570 and 445A.572, or any standard or other regulation adopted pursuant thereto, with respect to a diffuse source:

      1.  The Director may issue an order:

      (a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or the regulation or order alleged to be violated or about to be violated;

      (b) Indicating the facts alleged which constitute a violation thereof; and

      (c) Prescribing the necessary corrective action to be taken and a reasonable period for completing that corrective action,

 


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Κ but no civil or criminal penalty may be imposed for failure to obey the order.

      2.  If the corrective action is not taken or completed, or without the Director first issuing an order:

      (a) The Director may commence a civil action pursuant to NRS 445A.695; or

      (b) The Department may compel compliance by injunction or other appropriate remedy pursuant to subsection 4 of NRS 445A.700.

      Sec. 11. NRS 445A.690 is hereby amended to read as follows:

      445A.690  1.  Except as otherwise provided in NRS 445A.707, if the Director finds that any person is engaged or is about to engage in any act or practice which constitutes or will constitute a violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or of any rule, regulation or standard promulgated by the Commission, or of any permit or order issued by the Department pursuant to NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, the Director may issue an order:

      (a) Specifying the provision or provisions of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or the regulation or order alleged to be violated or about to be violated;

      (b) Indicating the facts alleged which constitute a violation thereof; and

      (c) Prescribing the necessary corrective action to be taken and a reasonable period for completing that corrective action.

      2.  Any compliance order is final and is not subject to review unless the person against whom the order is issued, within 30 days after the date on which the order is served, requests by written petition a hearing before the Commission.

      Sec. 12. NRS 445A.695 is hereby amended to read as follows:

      445A.695  1.  Except as otherwise provided in NRS 445A.707, the Director may seek injunctive relief in the appropriate court to prevent the continuance or occurrence of any act or practice which violates any provision of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or any permit, rule, regulation or order issued pursuant thereto.

      2.  On a showing by the Director that a person is engaged, or is about to engage, in any act or any practice which violates or will violate any of the provisions of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or any rule, regulation, standard, permit or order issued pursuant to those provisions, the court may issue, without bond, any prohibitory and mandatory injunctions that the facts may warrant, including temporary restraining orders issued ex parte or, after notice and hearing, preliminary injunctions or permanent injunctions.

      3.  Failure to establish lack of an adequate remedy at law or irreparable harm is not a ground for denying a request for a temporary restraining order or injunction.

      4.  The court may require the posting of a sufficient performance bond or other security to ensure compliance with the court order within the period prescribed.

      Sec. 13. NRS 445A.700 is hereby amended to read as follows:

      445A.700  1.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, a person who violates or aids or abets in the violation of any provision of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or of any permit, regulation, standard or final order issued thereunder, except a provision concerning a diffuse source, shall pay a civil penalty of not more than $25,000 for each day of the violation.

 


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penalty of not more than $25,000 for each day of the violation. The civil penalty imposed by this subsection is in addition to any other penalties provided pursuant to NRS 445A.300 to 445A.730, inclusive [.] , and section 3 of this act.

      2.  Except as otherwise provided in NRS 445C.010 to 445C.120, inclusive, in addition to the penalty provided in subsection 1, the Department may recover from the person actual damages to the State resulting from the violation of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, any regulation or standard adopted by the Commission, or permit or final order issued by the Department, except the violation of a provision concerning a diffuse source.

      3.  Damages may include:

      (a) Any expenses incurred in removing, correcting and terminating any adverse effects resulting from a discharge or the injection of contaminants through a well; and

      (b) Compensation for any loss or destruction of wildlife, fish or aquatic life.

      4.  In addition to any other remedy provided by this chapter, the Department may compel compliance with any provision of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or of any permit, regulation, standard or final order adopted or issued thereto, by injunction or other appropriate remedy. The Department may institute and maintain in the name of the State of Nevada any such enforcement proceedings.

      Sec. 14. NRS 445A.710 is hereby amended to read as follows:

      445A.710  1.  Any person who knowingly makes any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained by the provisions of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or by any permit, rule, regulation or order issued pursuant thereto, or who falsifies, tampers with or knowingly renders inaccurate any monitoring device or method required to be maintained under the provisions of NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, or by any permit, rule, regulation or order issued pursuant thereto, is guilty of a gross misdemeanor and shall be punished by a fine of not more than $10,000 or by imprisonment in the county jail for not more than 364 days, or by both fine and imprisonment.

      2.  The penalty imposed by subsection 1 is in addition to any other penalties, civil or criminal, provided pursuant to NRS 445A.300 to 445A.730, inclusive [.] , and section 3 of this act.

      Sec. 15. NRS 445A.725 is hereby amended to read as follows:

      445A.725  Nothing in NRS 445A.300 to 445A.730, inclusive, and section 3 of this act, shall be construed to amend, modify or supersede the provisions of title 48 of NRS or any rule, regulation or order promulgated or issued thereunder by the State Engineer.

      Sec. 16.  The provisions of section 3 of this act do not apply to any contract entered into before October 1, 2025.

      Sec. 17. (Deleted by amendment.)

________

 


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CHAPTER 190, SB 278

Senate Bill No. 278–Senators Cruz-Crawford, Ohrenschall; Doρate, Flores and Nguyen

 

Joint Sponsors: Assemblymembers Gonzαlez and Torres-Fossett

 

CHAPTER 190

 

[Approved: May 31, 2025]

 

AN ACT relating to education; requiring the Commission on Professional Standards in Education to consider certain changes when adopting regulations governing licensure for teachers and other educational personnel; eliminating the use of local assessments to determine whether a pupil has a deficiency in the subject area of reading for certain purposes; revising certain reporting requirements concerning pupils who receive certain services and instruction to address a deficiency in the subject area of reading; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Commission on Professional Standards in Education and requires the Commission to adopt regulations prescribing the qualifications for licensing teachers and other educational personnel. (NRS 391.011, 391.019) Section 1.1 of this bill requires the Commission to consider any changes necessary to improve access to licensure or endorsement when adopting such regulations.

      Existing law requires a public elementary school to provide certain programs, services and instruction to certain pupils who have a deficiency in the subject area of reading based on state or local assessments and other relevant information. (NRS 392.750, 392.755) Sections 2.6 and 3 of this bill eliminate the use of local assessments to determine whether a pupil has a deficiency in the subject area of reading. Section 3 further provides that a pupil is not required to continue receiving services or instruction to correct a deficiency in the subject area of reading if the pupil achieves a score on the statewide assessment that falls within the level established by the State Board of Education for the grade level in which the pupil is enrolled.

      Existing law requires the board of trustees of each school district and the governing body of a charter school to prepare a report containing certain information regarding pupils who receive intervention services and intensive instruction to address a deficiency in the subject area of reading. (NRS 388A.487, 392.775) Sections 1 and 3.5 of this bill eliminate this requirement. Section 2.2 of this bill prohibits any entity other than the State Board of Education from requiring a public school, the board of trustees of a school district or the governing body of a charter school to report information concerning pupils who receive intervention services and intensive instruction to address a deficiency in the subject area of reading. Section 2.4 of this bill applies the existing definition of “subject area of reading” to the provisions of section 2.2.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 388A.487 is hereby amended to read as follows:

      388A.487  [1.]  The governing body of a charter school that operates as an elementary school shall adopt rules for the provision of intervention services and intensive instruction to pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765.

 


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services and intensive instruction to pupils who are enrolled in the charter school that are consistent with NRS 392.750, 392.760 and 392.765. The rules must:

      [(a)] 1.  Prescribe the programs and instruction which will be provided to a pupil who has been identified as deficient in the subject area of reading in accordance with the plan established pursuant to NRS 388.157.

      [(b)] 2.  Require the school to provide to a pupil who has been identified as deficient in the subject area of reading with intervention services and intensive instruction in accordance with the plan established pursuant to NRS 388.157.

      [2.  On or before October 15 of each year, the governing body of each charter school that operates as an elementary school shall:

      (a) Prepare a report concerning the number and percentage of pupils at the charter school who were:

             (1) Designated in grade 3 to be provided intervention services and intensive instruction while enrolled in an elementary school of a charter school pursuant to NRS 392.760 for a deficiency in the subject area of reading, including whether or not any such pupils were previously provided intervention services and intensive instruction while enrolled in an elementary school of a charter school; and

             (2) Received educational programs or services identified pursuant to subsection 1 of NRS 392.750 at each grade level and whose proficiency in the subject area of reading:

                   (I) Did not improve at a rate prescribed by the governing body of a charter school, indicating a need for more intensive or different interventions;

                   (II) Improved at a rate prescribed by the governing body of a charter school, indicating growth toward performing at a level determined by a statewide assessment to be within the level established by the State Board for pupils enrolled in the same grade in which the pupils are enrolled; and

      (b) Submit a copy of the report to the Department, the Legislature and the sponsor of the charter school; and

      (c) Post the report on the Internet website maintained by the charter school and otherwise make the report available to the parents and legal guardians of pupils enrolled in the charter school and the general public.]

      Sec. 1.1. NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:

      (a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. The regulations:

             (1) Must include, without limitation, the qualifications for licensing teachers and administrators pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                   (I) Establish the requirements for approval as a qualified provider;

                   (II) Require a qualified provider to be selective in its acceptance of students;

 


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                   (III) Require a qualified provider to provide in-person or virtual supervised, school-based experiences and ongoing support for its students, such as mentoring and coaching;

                   (IV)Significantly limit the amount of course work required or provide for the waiver of required course work for students who achieve certain scores on tests;

                   (V)Allow for the completion in 2 years or less of the education and training required under the alternative route to licensure;

                   (VI)Provide that a person who has completed the education and training required under the alternative route to licensure and who has satisfied all other requirements for licensure may apply for a regular license pursuant to sub-subparagraph (VII) regardless of whether the person has received an offer of employment from a school district, charter school or private school; and

                   (VII)Upon the completion by a person of the education and training required under the alternative route to licensure and the satisfaction of all other requirements for licensure, provide for the issuance of a regular license to the person pursuant to the provisions of this chapter and the regulations adopted pursuant to this chapter.

             (2) Must require an applicant for a license to teach middle school or junior high school education or secondary education to demonstrate proficiency in a field of specialization or area of concentration by successfully completing course work prescribed by the Department or completing a subject matter competency examination prescribed by the Department with a score deemed satisfactory.

             (3) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

      (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

      (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

      (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

      (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.

      (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting if they:

             (1) Provide instruction or other educational services; and

             (2) Concurrently engage in the practice of sign language interpreting, as defined in NRS 656A.060.

      (g) Prescribing course work on parental involvement and family engagement. The Commission shall:

 


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             (1) Work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

             (2) Establish standards for professional development training which may be used to satisfy any course work requirement prescribed pursuant to this paragraph.

      (h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.

      (i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).

      (j) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.

      (k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.

      (l) Requiring the Department to accept a program of student teaching or other teaching experience completed in another state or foreign country by an applicant for a license if the Department determines that the program or experience substantially fulfills the standards of a program of student teaching in this State.

      (m) Authorizing a person who is employed by a public school to provide support or other services relating to school psychology, if the person does not hold a license or endorsement as a school psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology while remaining employed in such a position.

      (n) To carry out the provisions of NRS 391B.010.

      2.  Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      3.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      4.  When adopting the regulations required by this section, the Commission shall consider any changes necessary to improve access to licensure or endorsement. Such changes may include, without limitation, changes to streamline procedures, consolidate requirements or otherwise simplify and improve the process for a person who is enrolled in a program for an alternative route to licensure or who has completed the education and training required for licensure through an alternative route to licensure.

 


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κ2025 Statutes of Nevada, Page 1202 (CHAPTER 190, SB 278)κ

 

for an alternative route to licensure or who has completed the education and training required for licensure through an alternative route to licensure.

      Sec. 2. (Deleted by amendment.)

      Sec. 2.2. Chapter 392 of NRS is hereby amended by adding thereto a new section to read as follows:

      Notwithstanding any other provision of law to the contrary, no entity other than the State Board may require a public school, the board of trustees of a school district or the governing body of a charter school to report information relating to the provisions of NRS 392.748 to 392.785, inclusive.

      Sec. 2.4. NRS 392.748 is hereby amended to read as follows:

      392.748  As used in NRS 392.748 to 392.785, inclusive, and section 2.2 of this act, unless the context otherwise requires, “subject area of reading” includes, without limitation, phonological and phonemic awareness, decoding skills, reading fluency and vocabulary and reading comprehension.

      Sec. 2.6. NRS 392.750 is hereby amended to read as follows:

      392.750  If a pupil enrolled at a public elementary school in kindergarten or grade 1, 2 or 3 or who newly enrolls in a public elementary school exhibits a deficiency in the subject area of reading based upon state [or local] assessments and the observations of the pupil’s teacher, the principal of the school must provide written notice of the deficiency to the parent or legal guardian of the pupil within 30 days after the date on which the deficiency is discovered. The written notice must, without limitation:

      1.  Identify the educational programs and services that the pupil will receive to improve the pupil’s proficiency in the subject area of reading, including, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in elementary school that has been approved by the Department pursuant to NRS 388.157;

      2.  Explain that if the pupil does not achieve adequate proficiency in the subject area of reading before the completion of grade 3, the school will provide the pupil with intervention services and intensive instruction each year that the pupil is enrolled in the elementary school, unless it is determined that such services and instruction are no longer necessary;

      3.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the proficiency of the pupil in the subject area of reading;

      4.  Explain that the criterion-referenced examination in only the subject area of reading administered pursuant to NRS 390.105 is not the only factor used to determine whether the pupil will be provided intervention services and intensive instruction while the pupil is enrolled in an elementary school;

      5.  Describe the policy and specific criteria adopted by the board of trustees of the school district or governing body of a charter school, as applicable, pursuant to NRS 392.765 regarding the provision of intervention services and intensive instruction to a pupil enrolled in an elementary school;

      6.  Include information regarding the English literacy development of a pupil who is an English learner;

      7.  Describe, explain and, if appropriate, demonstrate the strategies which the parent or legal guardian may use at home to help improve the English literacy of a pupil who is an English learner;

      8.  To the extent practicable, be provided in a language that the parent or legal guardian can understand;

 


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      9.  Explain that a plan to monitor the growth of the pupil in the subject area of reading will regularly assess the pupil and the elementary school will provide notice to the parent or legal guardian the status of the growth of the pupil; and

      10.  Explain that services and the programs provided to the pupil will be adjusted to improve the deficiency in the subject area of reading.

      Sec. 3. NRS 392.755 is hereby amended to read as follows:

      392.755  1.  A public elementary school that has notified the parent or legal guardian of a pupil that, based upon the results of state [or local] assessments, it has been determined that the pupil has a deficiency in the subject area of reading pursuant to NRS 392.750 shall, within 30 days after providing such notice, establish a plan to monitor the growth of the pupil in the subject area of reading.

      2.  A plan to monitor the growth of a pupil in the subject area of reading must be established by a licensed teacher and any other relevant licensed school personnel and approved by the principal of the school and the parent or legal guardian of the pupil. The plan must include a description of any intervention services and intensive instruction that will be provided to the pupil to correct the area of deficiency and must include that the pupil will receive intensive instruction in reading until the pupil achieves adequate proficiency in the requisite reading skills and reading comprehension skills necessary to perform at a level determined by a statewide assessment to be within a level established by the State Board of Education for a pupil enrolled in the same grade in which the pupil is enrolled. Such instruction must include, without limitation, the programs and services included in the plan to improve the literacy of pupils enrolled in elementary school approved by the Department pursuant to NRS 388.157.

      3.  A school that establishes a plan to monitor the growth of a pupil in the subject area of reading shall regularly assess the growth of the pupil in any area of deficiency in the subject area of reading to ensure that the programs and services provided to the pupil pursuant to subsection 1 of NRS 392.750 continue to increase the proficiency of the pupil in the subject area of reading until the pupil performs at a level determined by a statewide assessment to be within a level established by the State Board for a pupil enrolled in the same grade in which the pupil is enrolled.

      4.  A pupil for whom a plan is established pursuant to subsection 1 must not be required to continue receiving services or instruction to correct a deficiency in the subject area of reading if the pupil performs at the level described in subsection 3.

      Sec. 3.5. NRS 392.775 is hereby repealed.

________

 


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κ2025 Statutes of Nevada, Page 1204κ

 

CHAPTER 191, SB 279

Senate Bill No. 279–Senators Pazina; Cannizzaro, Cruz-Crawford, Doρate, Ohrenschall and Scheible

 

CHAPTER 191

 

[Approved: May 31, 2025]

 

AN ACT relating to law enforcement; requiring that a peace officer compelled to appear as a witness in certain investigations receive written notice within a certain time of the obligation to appear for an interview; requiring that a peace officer compelled to appear as the subject of an investigation receive written notice that states certain matters with specificity; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law authorizes a law enforcement agency to conduct an investigation of a peace officer in response to a complaint or allegation that the peace officer engaged in activities which may result in punitive action. (NRS 289.057) If a law enforcement agency initiates an investigation of a peace officer, existing law requires that written notice be provided to the peace officer not later than 48 hours before any interrogation or hearing and that the written notice include a summary of the peace officer’s alleged misconduct. (NRS 289.060) Section 1 of this bill requires that the written notice include a summary that sets forth with specificity the alleged acts or omissions constituting the misconduct and the date, time and location of the alleged misconduct. If the date, time or location is unknown, the summary must specify that the date, time or location is unknown. Existing law also requires that an investigating agency provide written notice before compelling a peace officer to appear and be interviewed as a witness in connection with an investigation. (NRS 289.060) Section 1 prohibits a law enforcement agency from interviewing a peace officer as a witness on less than 48 hours’ written notice. Section 1 specifies that such notice must be provided not later than 48 hours before the peace officer must appear and be interviewed.

 

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 289.060 is hereby amended to read as follows:

      289.060  1.  Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 48 hours before any interrogation or hearing is held relating to an investigation conducted pursuant to NRS 289.057, provide a written notice to the peace officer who is the subject of the investigation. If the law enforcement agency believes that any other peace officer has any knowledge of any fact relating to the complaint or allegation against the peace officer who is the subject of the investigation, the law enforcement agency shall , not later than 48 hours before the peace officer must appear and be interviewed in connection with the investigation conducted pursuant to NRS 289.057, provide a written notice to the peace officer advising the peace officer that he or she must appear and be

 


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interviewed as a witness in connection with the investigation. Any peace officer who serves as a witness during an interview must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative authorized by NRS 289.080. Any peace officer specified in this subsection may waive the notice required pursuant to this section.

      2.  The notice provided to the peace officer who is the subject of the investigation must include:

      (a) A description of the nature of the investigation . [;]

      (b) A summary of alleged misconduct of the peace officer [;] setting forth with specificity the alleged acts or omissions constituting the misconduct and the date, time and location of the alleged misconduct. If the date, time or location of the alleged misconduct is unknown, the summary must specify that the date, time or location is unknown. If there are multiple allegations of misconduct, the summary must describe each allegation of misconduct.

      (c) The date, time and place of the interrogation or hearing . [;]

      (d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation or hearing . [;]

      (e) The name of any other person who will be present at any interrogation or hearing . [; and]

      (f) A statement setting forth the provisions of subsection 1 of NRS 289.080.

      3.  The law enforcement agency shall:

      (a) Interview or interrogate the peace officer during the peace officer’s regular working hours, if reasonably practicable, or revise the peace officer’s work schedule to allow any time that is required for the interview or interrogation to be deemed a part of the peace officer’s regular working hours. Any such time must be calculated based on the peace officer’s regular wages for his or her regularly scheduled working hours. If the peace officer is not interviewed or interrogated during his or her regular working hours or if his or her work schedule is not revised pursuant to this paragraph and the law enforcement agency notifies the peace officer to appear at a time when he or she is off duty, the peace officer must be compensated for appearing at the interview or interrogation based on the wages and any other benefits the peace officer is entitled to receive for appearing at the time set forth in the notice.

      (b) Immediately before any interrogation or hearing begins, inform the peace officer who is the subject of the investigation orally on the record that:

             (1) The peace officer is required to provide a statement and answer questions related to the peace officer’s alleged misconduct; and

             (2) If the peace officer fails to provide such a statement or to answer any such questions, the agency may charge the peace officer with insubordination.

      (c) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the peace officer who is the subject of the investigation. If any evidence is discovered during the course of an investigation or hearing which establishes or may establish any other possible misconduct engaged in by the peace officer, the law enforcement agency shall notify the peace officer of that fact and shall not conduct any further interrogation of the peace officer concerning the possible misconduct until a subsequent notice of that evidence and possible misconduct is provided to the peace officer pursuant to this chapter.

 


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      (d) Allow the peace officer who is the subject of the investigation or who is a witness in the investigation to explain an answer or refute a negative implication which results from questioning during an interview, interrogation or hearing.

      4.  If a peace officer provides a statement or answers a question relating to the alleged misconduct of a peace officer who is the subject of an investigation pursuant to NRS 289.057 after the peace officer is informed that failing to provide the statement or answer may result in punitive action against him or her, the statement or answer must not be used against the peace officer who provided the statement or answer in any subsequent criminal proceeding.

      Sec. 2. (Deleted by amendment.)

________

CHAPTER 192, SB 284

Senate Bill No. 284–Senators Cannizzaro, Scheible, Nguyen; Cruz-Crawford, Daly, Doρate, Dondero Loop, Flores, Ohrenschall and Taylor

 

CHAPTER 192

 

[Approved: May 31, 2025]

 

AN ACT relating to child welfare; requiring an agency which provides child welfare services to take certain measures to facilitate the payment of certain benefits to which a child in the custody of the agency is entitled; revising the manner in which an agency which provides child welfare services is required to maintain and use certain benefits and awards received on behalf of such a child; requiring an agency which provides child welfare services to provide certain training and information to certain children and other persons interested in the welfare of the child; requiring an agency which provides child welfare services to report certain information to a court; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires that all benefits for survivors or other awards payable to a child receiving child welfare services: (1) in a county whose population is less than 100,000 (currently all counties other than Clark and Washoe Counties) be deposited in the State Treasury for credit to the Trust Fund for Child Welfare; or (2) in a county whose population is 100,000 or more (currently Clark and Washoe Counties) be deposited in a trust fund for child welfare established in the county treasury. Existing law requires the Division of Child and Family Services of the Department of Health and Human Services to use money in the Trust Fund for Child Welfare to pay for any services provided to the child to whom the benefits or awards were payable with public money. Existing law authorizes the agency which provides child welfare services in a county whose population is 100,000 or more to use the money in the trust fund for child welfare in the county treasury to pay for such services. (NRS 432.037) Section 6 of this bill repeals those provisions.

 


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      Section 1 of this bill requires an agency which provides child welfare services to determine if each child in the custody of the agency is receiving or is eligible to receive federal benefits administered by the Social Security Administration or the United States Department of Veterans Affairs. If a child is eligible to receive such federal benefits, section 1 requires the agency which provides child welfare services to promptly apply for the federal benefits on behalf of the child. If the agency which provides child welfare services applies for such federal benefits on behalf of a child in its custody or if such a child is receiving such federal benefits, section 1 requires the agency to: (1) determine whether there is a person who may be the representative payee for the child for the purpose of receiving such federal benefits; and (2) if no person is suitable, apply to the Federal Government to be the representative payee for the child. If the agency which provides child welfare services is approved to be the representative payee for the child, section 1 additionally requires the agency to: (1) establish an account for the purpose of using and conserving the federal benefits and any other benefits or awards received on behalf of the child; (2) perform an accounting of the use, application or conservation of all benefits that the agency receives on behalf of the child every 6 months; and (3) notify and consult with certain persons associated with the child concerning applications for and the use of federal benefits. Section 1 also requires the agency to provide financial counseling to a child who is in the custody of the agency, is receiving benefits and is 14 years of age or older.

      Section 1 prohibits an agency which provides child welfare services that serves as the representative payee for a child from using any benefits, awards or assets belonging to a child to pay for the costs of the care of the child. Section 1 requires an agency which provides child welfare services that is the representative payee for a child to periodically assess whether there is a more suitable person to serve as the representative payee for the child, consult with certain interested persons as to whether the person is suitable for that role and, if so, assist the person in applying to be the representative payee. If a person assumes the role of representative payee, section 1 requires the agency to provide certain training to the person and request from the person certain documents relating to the accounting of funds of the child. Upon ceasing to serve as the representative payee for a child, section 1 requires an agency which provides child welfare services to remit any balance in the account maintained on behalf of the child or transfer control over the account in accordance with any requirements imposed by the source of the money or, if no such requirements exist, to: (1) the new representative payee or the parent or legal guardian of the child; or (2) if the child is emancipated or has reached 18 years of age, the child. Sections 1 and 3 of this bill require an agency which provides child welfare services to submit to a court overseeing the case of a child in its custody who is receiving federal benefits certain documentation on the accounting of those benefits. Section 2 of this bill makes a conforming change to indicate the proper placement of section 1 in the Nevada Revised Statutes.

      Section 4 of this bill requires the Division to, on or before January 1, 2026, close each account in the Trust Fund and: (1) if the Division is the representative payee for the child for which the account was maintained, deposit the money into an account maintained pursuant to section 1; or (2) if the Division is not the representative payee for the child, remit the balance of the account in accordance with any requirements imposed by the source of the money or, if no such requirements exist, to the new representative payee, the parent or guardian of the child or the child, depending on the circumstances. Section 4 requires an agency which provides child welfare services in a county whose population is 100,000 or more to take similar action with regard to the trust fund for child welfare in the county treasury.

 


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κ2025 Statutes of Nevada, Page 1208 (CHAPTER 192, SB 284)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 432 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Not later than 60 days after a child is placed in the custody of an agency which provides child welfare services and annually thereafter, the agency which provides child welfare services shall determine whether the child is receiving or is eligible to receive federal benefits.

      2.  If an agency which provides child welfare services determines pursuant to subsection 1 that a child is eligible to receive federal benefits but is not currently receiving such benefits, the agency which provides child welfare services shall promptly apply for the federal benefits on behalf of the child.

      3.  If a child in the custody of an agency which provides child welfare services is receiving federal benefits or if the agency which provides child welfare services applies for federal benefits on behalf of the child pursuant to subsection 2, the agency which provides child welfare services shall:

      (a) Determine, in consultation with the child, any parent whose rights have not been terminated and the attorney for the child, whether there is a person who is suitable to be the representative payee for the child in accordance with 20 C.F.R. §§ 404.2021 and 416.621; and

      (b) If there is no person who is suitable to be the representative payee for the child, apply to be the representative payee for the child pursuant to 20 C.F.R. §§ 404.2024 and 416.624 and deposit the federal benefits into an account established pursuant to subsection 4.

      4.  If an agency which provides child welfare services is the representative payee for a child, the agency which provides child welfare services shall:

      (a) Establish an account that is appropriate to use and conserve the federal benefits and any other benefits or awards received on behalf of the child. An account established pursuant to this paragraph may be, without limitation:

             (1) A special needs trust;

             (2) A pooled special needs trust;

             (3) An ABLE account described in section 592A of the Internal Revenue Code, 26 U.S.C. § 529A; or

             (4) Any other trust account that will not interfere with the eligibility of the child for any benefits provided by the Federal Government, this State or an agency or political subdivision of this State.

      (b) Regularly meet with the child and the attorney for the child to discuss the federal benefits and ascertain the needs of the child, including, without limitation, needs related to the future plans of a child who is 14 years of age or older once he or she reaches the age of majority.

      (c) If the child is 14 years of age or older, provide financial counseling to the child on preserving his or her eligibility for benefits, the use of the benefits for the needs of the child in accordance with subsection 5 and planning for future needs that are foreseeable.

 


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      5.  An agency which provides child welfare services that is the representative payee for a child shall not use any federal benefits or other benefits, awards or assets belonging to a child to pay for or reimburse the agency which provides child welfare services or any other state or local governmental agency for costs of the child’s care. The agency which provides child welfare services may use such money in the specific interests of the child, as determined in cooperation with the child and attorney for the child, for costs not covered by the agency as part of the child’s care or by the health insurance of the child.

      6.  In addition to any accounting required by NRS 166A.310, an agency which provides child welfare services that is the representative payee for a child shall, at least once every 6 months, perform an accounting of the use, application or conservation of all benefits received by the agency on behalf of the child and provide documentation of the accounting to:

      (a) The child;

      (b) Any parent of the child whose parental rights have not been terminated;

      (c) Any legal guardian of the child;

      (d) The attorney for the child; and

      (e) A court, as required by NRS 432B.580.

      7.  An agency which provides child welfare services that has applied for benefits pursuant to subsection 2 shall notify the child, any parent of the child whose parental rights have not been terminated, the legal guardian of the child and the attorney for the child of any application, decision or appeal related to benefits, any application pursuant to paragraph (b) of subsection 3 to be the representative payee for the child or any decision or appeal related to such an application.

      8.  If an application for federal benefits submitted by an agency which provides child welfare services on behalf of a child is denied, the agency which provides child welfare services shall:

      (a) Consult with the attorney for the child; and

      (b) Appeal the denial if an appeal is in the best interests of the child.

      9.  An agency which provides child welfare services that is the representative payee for a child shall periodically assess whether there is a person who is suitable to assume the role of representative payee and who would better serve the best interests of the child. If the agency which provides child welfare services determines that such a person exists, the agency which provides child welfare services shall consult with the child, any parent whose rights have not been terminated and the attorney for the child about the person identified. If after such consultation, the agency continues to believe that the person is suitable to assume the role of representative payee, the agency shall contact the person to support him or her in applying to be the representative payee for the child.

      10.  If a person assumes the role of representative payee pursuant to subsection 3 or 9 for a child who is in the custody of an agency which provides child welfare services, the agency shall:

      (a) Provide training to the representative payee relating to:

             (1) The fiduciary obligations of a representative payee;

             (2) Establishing, monitoring and utilizing accounts to maintain the child’s eligibility for benefits; and

 


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             (3) Utilizing and accounting for the benefits of the child;

      (b) While the child remains in the custody of the agency, require the representative payee to:

             (1) Perform an accounting every 6 months of the use, application or conservation of all benefits received by the representative payee on behalf of the child; and

             (2) Provide documentation of each accounting performed pursuant to subparagraph (1) to the agency; and

      (c) Include any documentation provided pursuant to paragraph (b) in a report submitted to a court pursuant to NRS 432B.580.

      11.  An agency which provides child welfare services that ceases to serve as the representative payee for a child shall remit any balance remaining in an account established pursuant to subsection 4 or transfer control over such an account in accordance with the requirements prescribed by the source of the money or, in the absence of such requirements, to:

      (a) The new representative payee for the child, if any;

      (b) The parent or legal guardian of the child, if there is no new representative payee and the child is not emancipated and has not reached 18 years of age; or

      (c) The child if the child is emancipated or has reached 18 years of age.

      12.  An agency which provides child welfare services shall, not earlier than 18 months before the 18th birthday of a child in the custody of the agency who is receiving federal benefits and not later than 12 months before that birthday:

      (a) Inform the child concerning any actions necessary for the child to:

             (1) Continue to be eligible to receive federal benefits after his or her 18th birthday; and

             (2) Receive federal benefits directly or designate a new representative payee;

      (b) Inform the child concerning any effect of other benefits received by or on behalf of the child on the amount of the federal benefits received by the child; and

      (c) Assist the child with any actions described in paragraph (a).

      13.  An agency which provides child welfare services shall provide appropriate training to employees of the agency who are involved in the performance of the duties set forth in this section, including, without limitation, training on how to establish, monitor and use appropriate financial accounts to maintain benefits received by a child in a manner that preserves the eligibility of the child for those benefits.

      14.  As used in this section:

      (a) “Federal benefits” means benefits administered by the Social Security Administration or the United States Department of Veterans Affairs.

      (b) “Representative payee” means a person or entity who serves as a representative payee for the purposes described in 20 C.F.R. Part 404, Subpart U.

 


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κ2025 Statutes of Nevada, Page 1211 (CHAPTER 192, SB 284)κ

 

      Sec. 2. NRS 432.091 is hereby amended to read as follows:

      432.091  The provisions of NRS 432.010 to 432.085, inclusive, and section 1 of this act, do not apply to the Program for Child Care and Development administered by the Division of Welfare and Supportive Services of the Department pursuant to chapter 422A of NRS.

      Sec. 3. NRS 432B.580 is hereby amended to read as follows:

      432B.580  1.  Except as otherwise provided in this section and NRS 432B.513, if a child is placed pursuant to NRS 432B.550 other than with a parent, the placement must be reviewed by the court at least semiannually, and within 90 days after a request by a party to any of the prior proceedings. Unless the parent, guardian or the custodian objects to the referral, the court may enter an order directing that the placement be reviewed by a panel appointed pursuant to NRS 432B.585.

      2.  An agency acting as the custodian of the child shall, before any hearing for review of the placement of a child, submit a report to the court, or to the panel if it has been designated to review the matter, which includes:

      (a) An evaluation of the progress of the child and the family of the child and any recommendations for further supervision, treatment or rehabilitation.

      (b) Information concerning the placement of the child in relation to the child’s siblings, including, without limitation:

             (1) Whether the child was placed together with the siblings;

             (2) Any efforts made by the agency to have the child placed together with the siblings;

             (3) Any actions taken by the agency to ensure that the child has contact with the siblings; and

             (4) If the child is not placed together with the siblings:

                   (I) The reasons why the child is not placed together with the siblings; and

                   (II) A plan for the child to visit the siblings, which must be presented at the first hearing to occur after the siblings are separated and approved by the court. The plan for visitation must be updated as necessary to reflect any change in the placement of the child or a sibling, including, without limitation, any such change that occurs after the termination of parental rights to the child or a sibling or the adoption of a sibling.

      (c) Information concerning the child’s education, including:

             (1) A copy of any academic plan or individual graduation plan developed for the child pursuant to NRS 388.155, 388.165, 388.205 or 388.227;

             (2) The grade and school in which the child is enrolled;

             (3) The name of each school the child attended before enrolling in the school in which he or she is currently enrolled and the corresponding dates of attendance;

             (4) Whether the child has not completed or passed any course of instruction that the child should have completed or passed by the time the report is submitted, which has resulted in the child having a deficiency in credits;

             (5) A copy of any individualized education program developed for the child;

 


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             (6) A copy of any plan developed in accordance with section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794;

             (7) A summary of any special education services received by the child;

             (8) A copy of the most recent report card of the child;

             (9) A statement of the number of credits earned by the child during the most recent semester, if applicable;

             (10) A statement of the number of times the child has been absent from school during the current or most recent school year for which the child was enrolled in school;

             (11) The scores the child received on any academic assessments or standardized examinations administered to the child;

             (12) Any information provided by the educational decision maker appointed for the child pursuant to NRS 432B.462; and

             (13) Whether a request that the child receive special education services has been made and, if so, the outcome of such a request.

      (d) A copy of any explanations regarding medication that has been prescribed for the child that have been submitted by a foster home pursuant to NRS 424.0383.

      (e) Documentation of any accounting conducted pursuant to section 1 of this act within the immediately preceding 6 months.

      3.  Except as otherwise provided in this subsection, a copy of the report submitted pursuant to subsection 2 must be given to the parents, the guardian ad litem and the attorney, if any, representing the parent or the child. If the child was delivered to a provider of emergency services pursuant to NRS 432B.630 and the parent has not appeared in the action, the report need not be sent to that parent.

      4.  After a plan for visitation between a child and the siblings of the child submitted pursuant to subparagraph (4) of paragraph (b) of subsection 2 has been approved by the court, the agency which provides child welfare services must request the court to issue an order requiring the visitation set forth in the plan for visitation. Upon the issuance of such an order, the court shall provide each sibling of the child with the case number of the proceeding for the purpose of allowing the sibling to petition the court for visitation or enforcement of the order for visitation. If a person refuses to comply with or disobeys an order issued pursuant to this subsection, the person may be punished as for a contempt of court.

      5.  The court or the panel shall hold a hearing to review the placement, unless the parent, guardian or custodian files a motion with the court to dispense with the hearing. If the motion is granted, the court or panel may make its determination from any report, statement or other information submitted to it.

      6.  Except as otherwise provided in subsection 7 and subsection 5 of NRS 432B.520, notice of the hearing must be filed with the court and must be given by first-class mail or any other means agreed upon in writing between the agency which provides child welfare services and the recipient of the notice to:

 


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      (a) All the parties to any of the prior proceedings;

      (b) Any persons planning to adopt the child;

      (c) A sibling of the child, if known, who has been granted a right to visitation of the child pursuant to this section or NRS 127.171 and his or her attorney, if any;

      (d) Any other relatives of the child or providers of foster care who are currently providing care to the child; and

      (e) The educational decision maker appointed for the child pursuant to NRS 432B.462.

      7.  The notice of the hearing required to be filed and given pursuant to subsection 6:

      (a) Must include a statement indicating that if the child is placed for adoption the right to visitation of the child is subject to the provisions of NRS 127.171;

      (b) Must not include any confidential information described in NRS 127.140;

      (c) Need not be given to a parent whose rights have been terminated pursuant to chapter 128 of NRS or who has voluntarily relinquished the child for adoption pursuant to NRS 127.040; and

      (d) Need not be given to a parent who delivered a child to a provider of emergency services pursuant to NRS 432B.630.

      8.  The court or panel may require the presence of the child at the hearing and shall provide to each person to whom notice was given pursuant to subsection 6 a right to be heard at the hearing.

      9.  The court or panel shall, after considering the report provided in subsection 2 and any other relevant evidence, determine based on a preponderance of the evidence:

      (a) The continuing necessity for and appropriateness of the placement;

      (b) The extent of compliance with the plan submitted pursuant to subsection 2 of NRS 432B.540;

      (c) Any progress which has been made in alleviating the problem which resulted in the placement of the child;

      (d) The date the child may be returned to, and safely maintained in, the home or placed for adoption or under a legal guardianship; and

      (e) Whether the child is making adequate academic progress and receiving the educational services or supports necessary to ensure the academic success of the child.

      10.  If the child is placed in a qualified residential treatment program, the determination pursuant to paragraph (a) of subsection 9 must include, without limitation, a finding on each factor prescribed by subsection 4 of NRS 432B.575.

      11.  The provision of notice and a right to be heard pursuant to this section does not cause any person planning to adopt the child, any sibling of the child or any other relative, any adoptive parent of a sibling of the child or a provider of foster care to become a party to the hearing.

      12.  As used in this section, “individualized education program” has the meaning ascribed to it in 20 U.S.C. § 1414(d)(1)(A).

 


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      Sec. 4.  1.  On or before January 1, 2026:

      (a) The Division shall close each account in the Trust Fund for Child Welfare created by NRS 432.037. If the Division is the representative payee pursuant to section 1 of this act for the child for whom such an account was maintained, the Division shall deposit the money from the account into an account created for the child pursuant to section 1 of this act. If the Division is not the representative payee for the child, the Division shall remit the money in accordance with subsection 11 of section 1 of this act.

      (b) An agency which provides child welfare services in a county whose population is 100,000 or more shall close the trust fund for child welfare established in the county treasury pursuant to NRS 432.037. If the agency which provides child welfare services is the representative payee pursuant to section 1 of this act for a child for whom benefits or other awards payable to the child remain in the trust fund, the agency which provides child welfare services shall deposit the money from the trust fund attributable to such benefits or awards, including, without limitation, any interest paid on such benefits or other awards, into an account created for the child pursuant to section 1 of this act. If the agency which provides child welfare services is not the representative payee for such a child, the agency which provides child welfare services shall remit such money in accordance with subsection 11 of section 1 of this act.

      2.  As used in this section:

      (a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

      (b) “Division” means the Division of Child and Family Services of the Department of Health and Human Services.

      (c) “Representative payee” has the meaning ascribed to it in section 1 of this act.

      Sec. 5.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 6. NRS 432.037 is hereby repealed.

      Sec. 7.  1.  This section and sections 4 and 5 of this act become effective upon passage and approval.

      2.  Sections 1, 2, 3 and 6 of this act become effective on January 1, 2026.

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CHAPTER 193, SB 285

Senate Bill No. 285–Senator Daly

 

CHAPTER 193

 

[Approved: May 31, 2025]

 

AN ACT relating to apprenticeships; revising the requirements for the eligibility for registration and approval of a proposed apprenticeship program for a construction trade; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law makes the Office of the Labor Commissioner responsible and accountable for apprenticeship in this State and requires the Office of the Labor Commissioner to act as the State Apprenticeship Agency for the purposes of certain federal regulations governing apprenticeships. (NRS 607.035) Existing law additionally requires the Labor Commissioner to oversee the State Apprenticeship Council and State Apprenticeship Director and sets forth certain duties the Director must perform under the direction of the Labor Commissioner. (NRS 607.035, 610.120)

      Existing law sets forth various requirements for a proposed apprenticeship program to be eligible for registration and approval by the State Apprenticeship Council. (NRS 610.144) Section 2 of this bill requires a program, if the program provides training in more than one specified construction trade, to contain separate standards for each such trade. Section 3 of this bill provides that if a set of standards that does not comply with the provisions of section 2 has been approved for a program before October 1, 2025, the program may continue to use that set of standards until the set of standards is voided or superseded.

 

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. (Deleted by amendment.)

      Sec. 2. NRS 610.144 is hereby amended to read as follows:

      610.144  1.  To be eligible for registration and approval by the Council, a proposed program must:

      (a) Be an organized, written plan embodying the terms and conditions of employment, training and supervision of one or more apprentices in an apprenticeable occupation, as defined in 29 C.F.R. § 29.4, and be subscribed to by a sponsor who has undertaken to carry out the program.

      (b) Except as otherwise provided in this paragraph, use a:

             (1) Time-based approach, as described in 29 C.F.R. § 29.5(b)(2)(i);

             (2) Competency-based approach, as described in 29 C.F.R. § 29.5(b)(2)(ii); or

             (3) Hybrid approach, as described in 29 C.F.R. § 29.5(b)(2)(iii).

Κ A program for a construction trade must use a time-based approach.

      (c) Contain the pledge of equal opportunity prescribed in 29 C.F.R. § 30.3(c) and, when applicable:

             (1) A plan of affirmative action in accordance with 29 C.F.R. § 30.4;

             (2) A method of selection authorized in 29 C.F.R. § 30.10;

             (3) A nondiscriminatory pool for application as an apprentice; or

 


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             (4) Similar requirements expressed in a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor.

      (d) Provide for the development of skills that are intended to enable an apprentice to engage in a skilled trade generally, rather than for a particular employer or sponsor.

      (e) Contain:

             (1) Provisions concerning the employment and training of the apprentice in a skilled trade;

             (2) A term of apprenticeship that:

                   (I) If the program uses a time-based approach, requires the completion of not less than 2,000 hours of on-the-job learning, consistent with training requirements as established by practice in the trade;

                   (II) If the program uses a competency-based approach, specifies the skills that must be demonstrated by an apprentice and addresses how on-the-job learning will be integrated into the program; or

                   (III) If the program uses a hybrid approach, specifies the skills that must be acquired and the minimum number of hours of on-the-job learning that must be completed by an apprentice;

             (3) An outline of the processes in which the apprentice will receive supervised experience and training on the job, and the allocation of the approximate time to be spent in each major process;

             (4) Provisions for organized, related and supplemental instruction in technical subjects related to the trade with a minimum of 144 hours for each year of apprenticeship, given in a classroom or through trade, industrial or correspondence courses of equivalent value or other forms of study approved by the Council;

             (5) A progressively increasing, reasonable and profitable schedule of wages to be paid to the apprentice consistent with the skills acquired, not less than that allowed by federal or state law or regulations, by a collective bargaining agreement or by the minimum apprentice wage established by the Council;

             (6) Provisions for a periodic review and evaluation of the apprentice’s progress in performance on the job and related instruction and the maintenance of appropriate records of such progress;

             (7) A numeric ratio of apprentices to journeymen consistent with proper supervision, training, safety, continuity of employment and applicable provisions in collective bargaining agreements, in language that is specific and clear as to its application;

             (8) A probationary period that is reasonable in relation to the full term of apprenticeship, with full credit given for that period toward the completion of the full term of apprenticeship;

             (9) Provisions for adequate and safe equipment and facilities for training and supervision and for the training of apprentices in safety on the job and in related instruction;

             (10) The minimum qualifications required by a sponsor for persons entering the program, with an eligible starting age of not less than 16 years;

             (11) Provisions for the placement of an apprentice under a written agreement as required by this chapter, incorporating directly or by reference the standards of the program;

 


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             (12) Provisions for the granting of advanced standing or credit to all applicants on an equal basis for previously acquired experience, training or skills, with commensurate wages for each advanced step granted;

             (13) Provisions for the transfer of the employer’s training obligation when the employer is unable to fulfill his or her obligation under the agreement to another employer under the same or a similar program with the consent of the apprentice and the local joint apprenticeship committee or sponsor of the program;

             (14) Provisions for the assurance of qualified training personnel and adequate supervision on the job;

             (15) Provisions for the issuance of an appropriate certificate evidencing the successful completion of an apprenticeship;

             (16) An identification of the Office of Labor Commissioner as the agency for registration of the program;

             (17) Provisions for the registration of agreements and of modifications and amendments thereto;

             (18) Provisions for notice to the State Apprenticeship Director of persons who have successfully completed the program and of all cancellations, suspensions and terminations of agreements and the causes therefor;

             (19) Provisions for the termination of an agreement during the probationary period by either party without cause;

             (20) A statement that the program will be conducted, operated and administered in conformity with the applicable provisions of 29 C.F.R. Part 30 or a state plan for equal opportunity in employment in apprenticeships adopted pursuant to 29 C.F.R. Part 30 and approved by the United States Department of Labor;

             (21) The name and address of the appropriate authority under the program to receive, process and make disposition of complaints; [and]

             (22) Provisions for the recording and maintenance of all records concerning apprenticeships as may be required by the Council and applicable laws [.] ; and

             (23) Separate standards for each construction trade in which the program provides training if the program provides training in more than one of the following construction trades:

                   (I) Electrical workers.

                   (II) Teamsters.

                   (III) Bricklayers and allied craft workers.

                   (IV) Elevator constructors.

                   (V) Painters and allied trades.

                   (VI) Construction craft laborers.

                   (VII) Carpenters.

                   (VIII) Plasterers and cement masons.

                   (IX) Sheet metal workers.

                   (X) Plumbers, pipefitters and service technicians.

                   (XI) Roofers and allied workers.

                   (XII) Operating engineers.

                   (XIII) Boilermakers.

                   (XIV) Heat and frost insulators.

                   (XV) Iron workers.

 


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      2.  If a program of apprenticeship in a skilled trade is proposed by an employer or association of employers for approval and registration by the Council and the Council has previously approved and registered a program for the skilled trade, the Council shall provide a copy of the proposed program to the sponsor of the approved and registered program and hold a hearing before approving or rejecting the application. The Council shall not approve a proposed program pursuant to this subsection unless the program requires the completion of at least as many hours of on-the-job learning or the demonstration of at least the same number and quality of skills, or both, as applicable, as all existing approved and registered programs in the relevant skilled trade.

      3.  To determine whether a proposed program should be approved or rejected pursuant to subsection 2, the Council shall consider, in addition to the requirements in subsections 1 and 2, without limitation:

      (a) Relevant information concerning the approved and registered program, including, without limitation, the standards for apprenticeship of the program;

      (b) Whether the sponsor of the approved and registered program is jointly administered by labor and management;

      (c) The provisions of any applicable collective bargaining agreements;

      (d) Dictionaries of occupational titles;

      (e) Opinions of experts provided by interested parties, including, without limitation, organized labor, licensed contractors and associations of contractors;

      (f) Recognized labor and management practices in the relevant industry;

      (g) Scope of work descriptions issued by the Labor Commissioner and the United States Department of Labor; and

      (h) The supply of skilled workers in the trade in relation to the demand for skilled workers in the trade and the extent to which the sponsor of the approved and registered program is willing and able to provide apprentices to the proposed program.

Κ The Council may condition approval of the proposed program on the payment of compensation to apprentices that is equal to or greater than the compensation provided by the approved and registered apprenticeship program.

      Sec. 3.  If a set of standards that do not comply with the provisions of subparagraph (23) of paragraph (e) of subsection 1 of NRS 610.144, as amended by section 2 of this act, has been approved by the State Apprenticeship Council for a program, as defined in NRS 610.010, before October 1, 2025, the program may continue to use that set of standards until the set of standards is voided or superseded.

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