[Rev. 8/22/2025 11:16:39 AM]
κ2025 Statutes of Nevada, Page 2913κ
Senate Bill No. 226Committee on Legislative Operations and Elections
CHAPTER 455
[Approved: June 10, 2025]
AN ACT relating to legislative affairs; making various changes relating to legislative interim committees and presiding officers of those committees; revising the deadline to submit an application to the Joint Interim Standing Committee on Education to serve on the Nevada State Teacher and Education Support Professional Recruitment and Retention Advisory Task Force; eliminating the requirement that the Joint Interim Standing Committee on Health and Human Services review certain regulations; making the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources a stand-alone interim committee; making the Sunset Subcommittee of the Legislative Commission a stand-alone interim committee; revising provisions relating to legislative committee members and staff regulated by the Nevada Lobbying Disclosure and Regulation Act and Nevada Financial Disclosure Act; revising provisions governing the review of certain mining regulations by the Mining Oversight and Accountability Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes various legislative interim committees that are created or authorized to conduct studies or investigations or perform other legislative business during the interim between legislative sessions, and existing law provides for the appointment or designation of chairs and vice chairs of such interim committees. (Chapter 218E of NRS, NRS 232B.210-232B.250) Existing law also contains provisions that apply exclusively to such interim committees without applying to any session committees. (NRS 218E.105-218E.140)
Under existing common-law principles of parliamentary law, the chair of a committee serves as the presiding officer of the committee and may take, direct or require any necessary and reasonable actions to carry out the committees management, government, budget, meetings and proceedings, subject to the laws and rules governing the committee. In addition, if a vacancy occurs in the position of chair, or if the chair is prohibited or disqualified from participating or acting on a particular matter for any reason or is absent, disabled or otherwise unavailable or unable to carry out the position for any reason, the vice chair of the committee serves as the acting chair, with all the powers, privileges and immunities of the position of chair, until the vacancy is filled or the chair is eligible, available or able to carry out the position again, as applicable. (Masons Manual of Legislative Procedure §§ 575-579, 608-611 (2020); Luther S. Cushing, Elements of the Law & Practice of Legislative Assemblies §§ 287, 308, 313, 314, 1910 (1856); Hicks v. Long Branch Commn, 55 A. 250, 250-51 (N.J. 1903)) To assist interim committees in conducting their legislative business consistently with existing common-law principles of parliamentary law, sections 2-4 of this bill codify those existing common-law principles into the statutory provisions that apply to interim committees. (Welfare Div. v. Maynard, 84 Nev. 525, 529 (1968) (A statutory enactment can be simply a legislative pronouncement of already existing law.); State Gaming Commn v. Southwest Sec., 108 Nev. 379, 383-84 (1992))
κ2025 Statutes of Nevada, Page 2914 (CHAPTER 455, SB 226)κ
Existing law: (1) establishes Joint Interim Standing Committees of the Legislature that are authorized to evaluate and review issues within the jurisdiction of the corresponding standing committees from the preceding regular session of the Legislature, exercise certain investigative powers and, under certain circumstances, conduct studies directed by the Legislature or the Legislative Commission; (2) provides for the appointment of regular members and alternate members to each Joint Interim Standing Committee; and (3) requires the Legislative Commission to select a Chair and a Vice Chair for each Joint Interim Standing Committee. (NRS 218E.320, 218E.330)
Section 5 of this bill requires the appointing authorities to appoint the committee members for each Joint Interim Standing Committee, along with the Chairs and Vice Chairs, not later than October 31 following the adjournment of each regular session. Section 5 also clarifies the length of the terms that the committee members and the Chairs and Vice Chairs serve while qualified.
Section 6 of this bill provides that if a regular member cannot attend a meeting of the Committee, an alternate member must be of the same political party as the regular member, and section 6 clarifies that, when acting in place of a regular member, an alternate member has all the powers, privileges and immunities of a regular member.
Existing law requires the Joint Interim Standing Committee on Legislative Operations and Elections to evaluate and review issues relating to governmental purchasing. (NRS 218E.330) Section 7 of this bill transfers such duties to the Joint Interim Standing Committee on Government Affairs. Section 36 of this bill makes a conforming change to require that the biennial report on recommendations for legislation relating to governmental purchasing in existing law be submitted to the Joint Interim Standing Committee on Government Affairs. (NRS 332.215)
Existing law creates the Subcommittee on Public Lands of the Joint Interim Standing Committee on Natural Resources and prescribes the Subcommittees powers and duties. (NRS 218E.500-218E.525, NRS 321.7355) Sections 8-10 and 35 of this bill: (1) make the Subcommittee a stand-alone interim committee instead of a subcommittee of the Joint Interim Standing Committee on Natural Resources and rename it as the Committee on Public Lands; and (2) revise the membership, organization and operations of the Committee on Public Lands. Section 1 of this bill authorizes the Committee on Public Lands to request 4 legislative measures and eliminates the authority of the Joint Interim Standing Committee on Natural Resources to request 4 additional legislative measures based on the recommendations for legislation submitted by the former Subcommittee on Public Lands. Section 9 requires the Committee on Public Lands to hold at least three meetings during each legislative interim where the primary physical location of the meeting is located in a different county for each such meeting other than Clark County, Washoe County or Carson City. However, section 9 does not prohibit the use of authorized remote-technology systems for each such meeting, including when necessary to connect the primary physical location of the meeting to additional physical locations for the meeting in Clark County, Washoe County or Carson City.
Existing law creates: (1) the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System; and (2) the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs. (NRS 218E.550-218E.570, 218E.745-218E.760) Sections 11 and 12 of this bill revise the membership, organization and operations of these Committees.
Existing law creates the Sunset Subcommittee of the Legislative Commission. (NRS 232B.210-232B.250) Sections 26-32 and 43 of this bill: (1) make the Sunset Subcommittee a stand-alone interim committee instead of a subcommittee of the Legislative Commission and rename it as the Sunset Committee of the Legislature; and (2) revise the membership, organization and operations of the Sunset Committee.
Existing law authorizes Joint Interim Standing Committees and other interim committees to request the drafting of a certain number of legislative measures for each regular session. (NRS 218D.160) Section 1 revises the number of such requests that the renamed Sunset Committee of the Legislature is authorized to make.
κ2025 Statutes of Nevada, Page 2915 (CHAPTER 455, SB 226)κ
Section 43 eliminates the requirement in existing law that the Joint Interim Standing Committee on Health and Human Services review certain regulations that are proposed or adopted by certain licensing boards and that are related to health care. (NRS 439B.225) Sections 33 and 34 of this bill make conforming changes as a result of the elimination of this requirement.
Existing law requires a teacher who wishes to serve on the Nevada State Teacher and Education Support Professional Recruitment and Retention Advisory Task Force to submit an application to the Joint Interim Standing Committee on Education on or before January 15 of an even-numbered year. (NRS 391.494) Section 38 of this bill moves the due date of the application to December 1 of an odd-numbered year.
Existing law requires various reports, documents and other information to be compiled by state or local governmental agencies or other entities and then reported to certain legislative committees or staff. (NRS 193.309, 209.192, 209.461, 209.4818, 388.887, 449.242) Sections 22-25 and 37-39 of this bill revise those reporting requirements.
Under existing law, the Nevada Lobbying Disclosure and Regulation Act (Lobbying Act) prohibits, with certain exceptions, Legislators, legislative officers and legislative staff members from knowingly or willfully soliciting or accepting any gift from a lobbyist, whether or not the Legislature is in a regular or special session. (NRS 218H.060, 218H.090, 218H.930) Under existing exceptions to the gift prohibitions, if Legislators or members of their households receive anything of value from a lobbyist to undertake or attend any educational or informational meetings, events or trips, such meetings, events or trips are excluded from the term gift under the Lobbying Act, but the Legislators are required to report the educational or informational meetings, events or trips on their financial disclosure statements under the Nevada Financial Disclosure Act (Financial Disclosure Act). (NRS 218H.045, 218H.060, 281.5583, 281.571)
Sections 13-20 of this bill create exceptions for legislative committee investigative meetings, events or trips. Section 15 defines a legislative committee investigative meeting, event or trip to include any meetings, events or trips that the chair of a legislative committee authorizes as official meetings, events or trips of the committee in order for the members of the committee and legislative staff members to investigate or otherwise receive any education or information on matters that are pertinent to the committees legislative business or possible future legislative action. Based on the exceptions in sections 17 and 19, such legislative committee investigative meetings, events or trips are not required to be reported on financial disclosure statements under the Financial Disclosure Act. (NRS 281.5583, 281.5585)
Sections 17 and 19 also make the existing exceptions for educational or informational meetings, events or trips applicable to: (1) legislative officers, such as the Secretary of the Senate and the Chief Clerk of the Assembly; and (2) legislative staff members but only if such staff members have the approval of their chief administrative supervisors to undertake or attend the educational or informational meetings, events or trips. Because the Financial Disclosure Act applies to legislative officers, such as the Secretary of the Senate and the Chief Clerk of the Assembly, and to certain senior staff members of the Legislative Counsel Bureau, such as the Director and the chiefs of the divisions, they are required to report the educational or informational meetings, events or trips on financial disclosure statements. By contrast, if rank-and-file legislative staff members have the approval of their chief administrative supervisors to undertake or attend any educational or informational meetings, events or trips, they are not required to report the educational or informational meetings, events or trips on financial disclosure statements, unless they qualify as a public officer or candidate or a member of a public officers or candidates household for the purposes of the Financial Disclosure Act. (NRS 281.005, 281.558, 281.5583, 281.5587)
κ2025 Statutes of Nevada, Page 2916 (CHAPTER 455, SB 226)κ
Existing law creates the Mining Oversight and Accountability Commission and requires the Commission to provide oversight of compliance with Nevada law relating to the activities of each state agency, board, bureau, commission, department or division with respect to the taxation, operation, safety and environmental regulation of mines and mining in this State. (NRS 514A.040, 514A.060) Section 40.5 of this bill provides that if the Commission fails to review certain regulations relating to mines or mining within 90 days after adoption, the regulations will become effective if approved in accordance with the applicable provisions of the Nevada Administrative Procedure Act.
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 218D.160 is hereby amended to read as follows:
218D.160 1. The Chair of the Legislative Commission may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Legislative Commission, which relate to the affairs of the Legislature or its employees, including legislative measures requested by the legislative staff.
2. The Chair of the Interim Finance Committee may request the drafting of not more than 10 legislative measures before the first day of a regular session, with the approval of the Committee, which relate to matters within the scope of the Committee.
3. Except as otherwise provided by a specific statute, joint rule or concurrent resolution:
(a) [Except as otherwise provided in paragraphs (b), (c) and (d), a] A Joint Interim Standing Committee may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the Committee [.
(b) The] , unless another provision in this subsection authorizes a different number of requests for a specific Joint Interim Standing Committee.
(b) In addition to the number of requests authorized pursuant to paragraph (a), the Joint Interim Standing Committee on Health and Human Services may request the drafting of not more than [15] 5 legislative measures [which relate to matters within the scope of the Committee, at least 5 of which must relate to matters] relating to child welfare.
(c) [The] In addition to the number of requests authorized pursuant to paragraph (a), the Joint Interim Standing Committee on the Judiciary may request the drafting of not more than [15] 5 legislative measures [which relate to matters within the scope of the Committee, at least 5 of which must relate to matters] relating to juvenile justice.
(d) [The Joint Interim Standing Committee on Natural Resources may request the drafting of not more than 14 legislative measures which relate to matters within the scope of the Committee, at least 4 of which must relate to matters relating to public lands based on the recommendations for legislation submitted by the Subcommittee on Public Lands pursuant to NRS 218E.525.
(e)] Any legislative committee created by a statute, other than the Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs created by NRS 218E.750 , the Sunset Committee of the Legislature created by NRS 232B.210, the Committee on Public Lands created by NRS 218E.510 or an interim legislative committee, may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.
κ2025 Statutes of Nevada, Page 2917 (CHAPTER 455, SB 226)κ
NRS 218E.510 or an interim legislative committee, may request the drafting of not more than 10 legislative measures which relate to matters within the scope of the committee.
[(f)] (e) The Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs created by NRS 218E.750 may request the drafting of not more than 6 legislative measures which relate to matters within the scope of the Committee.
[(g)] (f) The Sunset Committee of the Legislature created by NRS 232B.210 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the Committee, except that the Committee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.
(g) The Committee on Public Lands created by NRS 218E.510 may request the drafting of not more than 4 legislative measures which relate to matters within the scope of the Committee.
(h) Any committee or subcommittee established by an order of the Legislative Commission pursuant to NRS 218E.200 may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation, except that such a committee or subcommittee may request the drafting of additional legislative measures if the Legislative Commission approves each additional request by a majority vote.
[(h)] (i) Any other committee established by the Legislature which conducts an interim legislative study or investigation may request the drafting of not more than 5 legislative measures which relate to matters within the scope of the study or investigation.
Κ The requests authorized pursuant to this subsection must be submitted to the Legislative Counsel on or before September 1 preceding a regular session unless the Legislative Commission authorizes submitting a request after that date.
4. Each request made pursuant to this section must be on a form prescribed by the Legislative Counsel.
Sec. 2. NRS 218E.110 is hereby amended to read as follows:
218E.110 1. Committee means the Legislative Commission, a Joint Interim Standing Committee , the Sunset Committee of the Legislature created by NRS 232B.210 and any other legislative committee or subcommittee created by the provisions of this chapter or a specific statute, concurrent resolution or order of the Legislative Commission to conduct studies or investigations or perform any other legislative business during the legislative interim.
2. The term includes, without limitation, any interim, advisory or other similar committee or subcommittee for which legislative staff members serve as the primary administrative or professional staff.
3. The term does not include any legislative committee or subcommittee appointed by the Legislature or either House to conduct or perform legislative business during a regular or special session, including, without limitation, any joint, standing, temporary, special or select committee or committee of the whole.
Sec. 3. NRS 218E.125 is hereby amended to read as follows:
218E.125 1. The provisions of NRS 218E.105 to 218E.140, inclusive, are intended to supplement the other provisions of this chapter and any other [law] laws or rules governing the legislative proceedings of a committee, including, without limitation, any applicable principles of parliamentary law, and the provisions of NRS 218E.105 to 218E.140, inclusive, do not limit the application of such other [provisions.]
κ2025 Statutes of Nevada, Page 2918 (CHAPTER 455, SB 226)κ
including, without limitation, any applicable principles of parliamentary law, and the provisions of NRS 218E.105 to 218E.140, inclusive, do not limit the application of such other [provisions.] legal authorities.
2. The powers, privileges and immunities granted by the provisions of NRS 218E.105 to 218E.140, inclusive, are in addition to any other powers, privileges and immunities recognized by [law,] any other laws or rules, including, without limitation, any applicable principles of parliamentary law, and all such powers, privileges and immunities are cumulative, so that the application or attempted application of any one does not bar the application or attempted application of any other.
Sec. 4. NRS 218E.130 is hereby amended to read as follows:
218E.130 1. A committee may conduct investigations and hold hearings regarding any matter which is pertinent to its legislative business or possible future legislative action and may exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.
2. The secretary of the committee or any member of the committee may administer oaths to witnesses who appear before the committee.
3. The chair of the committee, or the secretary of the committee on behalf of the chair, may cause the deposition of witnesses to be taken, whether the witnesses reside within or without the State, in the manner prescribed by court rules for taking depositions in civil actions in the district court.
4. The chair of the committee may take, direct or require any necessary and reasonable actions to carry out the committees management, government, budget, meetings and proceedings, subject to the laws and rules governing the committee, including, without limitation, any applicable principles of parliamentary law.
5. If a vacancy occurs in the position of chair of the committee, or if the chair is prohibited or disqualified from participating or acting on a particular matter for any reason or is absent, disabled or otherwise unavailable or unable to carry out the position for any reason, the vice chair of the committee shall serve as the acting chair, with all the powers, privileges and immunities of the position of chair, until the vacancy is filled or the chair is eligible, available or able to carry out the position again, as applicable.
Sec. 5. NRS 218E.320 is hereby amended to read as follows:
218E.320 1. There are hereby created the following Joint Interim Standing Committees of the Legislature:
(a) Commerce and Labor;
(b) Education;
(c) Government Affairs;
(d) Growth and Infrastructure;
(e) Health and Human Services;
(f) Judiciary;
(g) Legislative Operations and Elections;
(h) Natural Resources; and
(i) Revenue.
2. Each Joint Interim Standing Committee consists of eight regular members and five alternate members. As soon as is practicable after the adjournment of each regular session [:] and not later than October 31 immediately following such adjournment:
κ2025 Statutes of Nevada, Page 2919 (CHAPTER 455, SB 226)κ
(a) The Speaker of the Assembly shall appoint three members of the Assembly as regular members of each Committee and two members of the Assembly as alternate members of each Committee.
(b) The Minority Leader of the Assembly shall appoint two members of the Assembly as regular members of each Committee and one member of the Assembly as an alternate member of each Committee.
(c) The Majority Leader of the Senate shall appoint two Senators as regular members of each Committee and one Senator as an alternate member of each Committee.
(d) The Minority Leader of the Senate shall appoint one Senator as a regular member of each Committee and one Senator as an alternate member of each Committee.
3. Before making their respective appointments, the Speaker of the Assembly, the Majority Leader of the Senate and the Minority Leaders of the Senate and Assembly shall consult so that, to the extent practicable:
(a) At least five of the regular members appointed to each Joint Interim Standing Committee served on the corresponding standing committee or committees during the preceding regular session.
(b) Not more than five of the regular members appointed to each Joint Interim Standing Committee are members of the same political party.
4. The Legislative Commission shall [select] appoint the Chair and Vice Chair of each Joint Interim Standing Committee from among the members of the Committee [.] and shall make such appointments as soon as is practicable after the adjournment of each regular session and not later than October 31 immediately following such adjournment. The Chair must be appointed from one House of the Legislature and the Vice Chair from the other House. The position of Chair must alternate each biennium between the Houses of the Legislature. [Each of those officers]
5. Except as otherwise provided in this section, each Chair and Vice Chair holds the position , while qualified, until a successor is appointed after the next regular session. If a vacancy occurs in the position of Chair or Vice Chair, the vacancy must be filled in the same manner as the original [selection] appointment for the remainder of the unexpired term.
[5.] 6. Except as otherwise provided in this subsection, a member of a Joint Interim Standing Committee holds his or her membership on the Committee, while qualified, until a successor is appointed after the next regular session. The membership of any member of a Joint Interim Standing Committee who does not become a candidate for reelection or who is defeated for reelection terminates on the day next after the general election. The Speaker designate of the Assembly or the Majority Leader designate of the Senate, as the case may be, may appoint a member to fill the vacancy for the remainder of the unexpired term.
[6.] 7. Vacancies on a Joint Interim Standing Committee must be filled in the same manner as original appointments.
Sec. 6. NRS 218E.325 is hereby amended to read as follows:
218E.325 1. Except as otherwise ordered by the Legislative Commission, the members of a Joint Interim Standing Committee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair or a majority of the Committee.
2. The Director or his or her designee shall act as the nonvoting recording Secretary of each Joint Interim Standing Committee.
κ2025 Statutes of Nevada, Page 2920 (CHAPTER 455, SB 226)κ
3. Five members of a Joint Interim Standing Committee constitute a quorum, and a quorum may exercise all the power and authority conferred on the Committee, except that any recommended legislation proposed by [a] the Committee must be approved by a majority of the members of the Senate and a majority of the members of the Assembly serving on the Committee.
4. All requests for the drafting of recommended legislation approved by a Joint Interim Standing Committee must be made in accordance with NRS 218D.160.
5. If an alternate member of a Joint Interim Standing Committee attends a meeting of the Committee in place of a regular member who cannot attend the meeting, the alternate member who attends the meeting must be of the same political party as the regular member. When acting in place of a regular member, an alternate member has all the powers, privileges and immunities of a regular member.
6. Except during a regular or special session, for each day or portion of a day during which a member of a Joint Interim Standing Committee attends a meeting of the Committee or is otherwise engaged in the work of the Committee, the member is entitled to receive the:
(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;
(b) Per diem allowance provided for state officers and employees generally; and
(c) Travel expenses provided pursuant to NRS 218A.655.
[Κ]
7. The compensation, per diem allowances and travel expenses of the members of a Joint Interim Standing Committee must be paid from the Legislative Fund.
Sec. 7. NRS 218E.330 is hereby amended to read as follows:
218E.330 1. A Joint Interim Standing Committee may:
(a) Evaluate and review issues within the jurisdiction of the corresponding standing committee or committees from the preceding regular session;
(b) Exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive; and
(c) Within the limits of the Committees budget, conduct studies directed by the Legislature or the Legislative Commission.
2. In addition to the authorized scope of issues set forth in paragraph (a) of subsection 1:
(a) The Joint Interim Standing Committee on Health and Human Services shall, either as part of its regular work or through appointment of a subcommittee, evaluate and review issues relating to child welfare.
(b) The Joint Interim Standing Committee on the Judiciary shall, either as part of its regular work or through appointment of a subcommittee, evaluate and review issues relating to juvenile justice.
(c) The Joint Interim Standing Committee on [Legislative Operations and Elections] Government Affairs may evaluate and review issues relating to governmental purchasing, including, without limitation, recommendations submitted to the Joint Interim Standing Committee by the Commission to Study Governmental Purchasing pursuant to NRS 332.215.
3. The Legislative Commission shall review and approve the budget and work program of each Joint Interim Standing Committee and any changes to the budget or work program.
κ2025 Statutes of Nevada, Page 2921 (CHAPTER 455, SB 226)κ
4. A Joint Interim Standing Committee shall prepare a comprehensive report of the Committees activities in the interim and its findings and any recommendations for proposed legislation. The report must be submitted to the Director for distribution to the next regular session.
Sec. 8. NRS 218E.500 is hereby amended to read as follows:
218E.500 The Legislature finds and declares that:
1. Policies and issues relating to public lands and state sovereignty as impaired by federal ownership of land are matters of continuing concern to this State.
2. This concern necessarily includes an awareness that all federal statutes, policies and regulations which affect the management of public lands are likely to have extensive effects within the State and must not be ignored or automatically dismissed as beyond the reach of the states policymakers.
3. Experience with federal regulations relating to public lands has demonstrated that the State of Nevada and its citizens are subjected to regulations which sometimes are unreasonable, arbitrary, beyond the intent of the Congress or the scope of the authority of the agency adopting them and that as a result these regulations should be subjected to legislative review and comment, and judicially tested where appropriate, to protect the rights and interests of the State and its citizens.
4. Other western states where public lands comprise a large proportion of the total area have shown an interest in matters relating to public lands and those states, along with Nevada, have been actively participating in cooperative efforts to acquire, evaluate and share information and promote greater understanding of the issues. Since Nevada can both contribute to and benefit from such interstate activities, it is appropriate that [a subcommittee on matters relating to public lands] the Committee on Public Lands be assigned primary responsibility for participating in them.
Sec. 8.3. NRS 218E.505 is hereby amended to read as follows:
218E.505 As used in NRS 218E.500 to 218E.525, inclusive, unless the context otherwise requires, [Subcommittee] Committee means the [Subcommittee] Committee on Public Lands . [of the Joint Interim Standing Committee on Natural Resources.]
Sec. 8.5. NRS 218E.510 is hereby amended to read as follows:
218E.510 1. There is hereby created the [Subcommittee] Committee on Public Lands , [of the Joint Interim Standing Committee on Natural Resources,] consisting of eight members appointed by the [Chair of the Joint Interim Standing Committee on Natural Resources,] Legislative Commission, who must include:
(a) [Two] Three members of the Senate [who are] of which:
(1) Two members [of] must be selected from the majority party; and
(2) One member must be selected from the [Joint Interim Standing Committee on Natural Resources;] minority party;
(b) [Two] Three members of the Assembly [who are] of which:
(1) Two members [of] must be selected from the majority party; and
(2) One member must be selected from the [Joint Interim Standing Committee on Natural Resources;] minority party;
(c) One elected officer representing the governing body of a local political subdivision, appointed with appropriate regard for his or her experience with and knowledge of matters relating to public lands; and
(d) One member representing tribal governments in Nevada who is recommended by the Inter-Tribal Council of Nevada, Inc., or its successor organization, appointed with appropriate regard for his or her experience with and knowledge of matters relating to public lands .
κ2025 Statutes of Nevada, Page 2922 (CHAPTER 455, SB 226)κ
organization, appointed with appropriate regard for his or her experience with and knowledge of matters relating to public lands . [;]
2. The members who are Legislators must be appointed to provide representation from the various geographical regions of the State.
3. The [Chair of the Joint Interim Standing Committee on Natural Resources] Legislative Commission shall appoint a Chair of the [Subcommittee] Committee from one House and a Vice Chair of the [Subcommittee] Committee from the other House. [Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term.]
4. [Any] Except as otherwise provided in this subsection, a member of the Committee holds his or her membership on the Committee, while qualified, until a successor is appointed after the next regular session. The membership of any member of the [Subcommittee] Committee described in paragraph (a), (b) or (c) of subsection 1 who [is] does not become a candidate for reelection or who is defeated for reelection [continues to serve] terminates on the day next after the general election . [until the next regular or special session convenes.
5. Vacancies on] The Legislative Commission may appoint a member to fill the [Subcommittee must be filled in] vacancy for the [same manner as original appointments.
6.] remainder of the unexpired term.
5. The Chair of the [Joint Interim Standing Committee on Natural Resources] Legislative Commission may appoint alternates for members of the [Subcommittee.] Committee. The Chair of the [Subcommittee:] Committee:
(a) May designate an alternate appointed by the Chair of the [Joint Interim Standing Committee on Natural Resources] Legislative Commission to serve in place of a regular member who is unable to attend a meeting; and
(b) Shall, for a member who is a Legislator, designate an alternate appointed by the Chair of the [Joint Interim Standing Committee on Natural Resources] Legislative Commission who is [a member] of the [same House and] same political party as the regular member to serve in place of the regular member if one is available.
Sec. 8.7. NRS 218E.515 is hereby amended to read as follows:
218E.515 1. Except as otherwise [ordered by] provided in this section or the [Legislative Commission, the members of the Subcommittee shall meet not earlier than November 1 of each odd-numbered year and not later than August 31 of the following even-numbered year at the times and places specified by a call of the Chair of the Subcommittee or a majority] provisions of NRS 218E.500 to 218E.525, inclusive, the [Subcommittee.
2. The Research Director or the Research Directors designee shall act as the nonvoting recording Secretary.
3. The Subcommittee shall prescribe rules for its own management and government.
4.] provisions of NRS 218E.320, 218E.325 and 218E.330:
(a) Apply to the Committee in the same manner as a Joint Interim Standing Committee, including, without limitation, providing the Committee with any powers, privileges and immunities set forth in those provisions; and
κ2025 Statutes of Nevada, Page 2923 (CHAPTER 455, SB 226)κ
(b) Control the Committees formation, organization and operations, including, without limitation, its membership, officers, management, government, budget, compensation, allowances, expenses, meetings and proceedings, but the Committee shall not be deemed a Joint Interim Standing Committee for the purposes of the number of requests that it may submit for the drafting of legislative measures pursuant to NRS 218D.160. If there is a conflict between the provisions of NRS 218E.320, 218E.325 and 218E.330 and the provisions of a specific statute that applies to the Committee, the provisions of the specific statute control.
2. A majority of the members of the [Subcommittee] Committee constitutes a quorum, and a quorum may exercise all the power and authority conferred on the [Subcommittee.
5.] Committee.
3. Except during a regular or special session, for each day or portion of a day during which members of the [Subcommittee] Committee who are Legislators attend a meeting of the [Subcommittee] Committee or are otherwise engaged in the business of the [Subcommittee,] Committee, the members are entitled to receive:
(a) The compensation provided for a majority of the Legislators during the first 60 days of the preceding regular session;
(b) The per diem allowance provided for state officers and employees generally; and
(c) The travel expenses provided pursuant to NRS 218A.655.
[6.] 4. All such compensation, per diem allowances and travel expenses of the members of the [Subcommittee] Committee who are Legislators must be paid from the Legislative Fund.
[7.] 5. The member of the [Subcommittee] Committee who represents a local political subdivision is entitled to receive the subsistence allowances and travel expenses provided by law for his or her position for each day of attendance at a meeting of the [Subcommittee] Committee and while engaged in the business of the [Subcommittee,] Committee, to be paid by the local political subdivision.
[8.] 6. While engaged in the business of the [Subcommittee,] Committee, to the extent of legislative appropriation, the member of the [Subcommittee] Committee who represents tribal governments is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 9. NRS 218E.520 is hereby amended to read as follows:
218E.520 1. [The Subcommittee] During each legislative interim, the Committee on Public Lands shall hold at least three meetings where the primary physical location for the meeting is:
(a) Located in a different county for each such meeting; and
(b) Not located in Clark County, Washoe County or Carson City for each such meeting,
Κ except that this subsection does not prohibit any additional physical locations for such a meeting from being located in Clark County, Washoe County or Carson City and connected to the primary physical location for the meeting through the use of any authorized remote-technology system or otherwise prohibit the use of any authorized remote-technology system for such a meeting. As used in this subsection, authorized remote-technology system has the meaning ascribed to it in NRS 218A.806.
2. In addition to any other powers or duties, the Committee may:
κ2025 Statutes of Nevada, Page 2924 (CHAPTER 455, SB 226)κ
(a) Review and comment on any administrative policy, rule or regulation of the:
(1) Secretary of the Interior which pertains to policy concerning or management of public lands under the control of the Federal Government; and
(2) Secretary of Agriculture which pertains to policy concerning or management of national forests;
(b) Conduct investigations and hold hearings in connection with its review, including, but not limited to, investigating the effect on the State, its citizens, political subdivisions, businesses and industries of those policies, rules, regulations and related laws, and exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive;
(c) Consult with and advise the State Land Use Planning Agency on matters concerning federal land use, policies and activities in this State;
(d) Direct the Legislative Counsel Bureau to assist in its research, investigations, review and comment;
(e) Recommend to the Legislature as a result of its review any appropriate state legislation or corrective federal legislation;
(f) Advise the Attorney General if it believes that any federal policy, rule or regulation which it has reviewed encroaches on the sovereignty respecting land or water or their use which has been reserved to the State pursuant to the Constitution of the United States;
(g) Enter into a contract for consulting services for land planning and any other related activities, including, but not limited to:
(1) Advising the [Subcommittee] Committee and the State Land Use Planning Agency concerning the revision of the plans pursuant to NRS 321.7355;
(2) Assisting local governments in the identification of lands administered by the Federal Government in this State which are needed for residential or economic development or any other purpose; and
(3) Assisting local governments in the acquisition of federal lands in this State;
(h) Apply for any available grants and accept any gifts, grants or donations to assist the [Subcommittee] Committee in carrying out its duties; and
(i) Review and comment on any other matter relating to the preservation, conservation, use, management or disposal of public lands deemed appropriate by the Chair of the [Subcommittee] Committee or by a majority of the members of the [Subcommittee.] Committee.
[2.] 3. Any reference in this section to federal policies, rules, regulations and related federal laws includes those which are proposed as well as those which are enacted or adopted.
Sec. 10. NRS 218E.525 is hereby amended to read as follows:
218E.525 [1. The Subcommittee shall:] In addition to any other powers or duties, the Committee on Public Lands:
1. Shall:
(a) Actively support the efforts of state and local governments in the western states regarding public lands and state sovereignty as impaired by federal ownership of land.
(b) Advance knowledge and understanding in local, regional and national forums of Nevadas unique situation with respect to public lands.
(c) Support legislation that will enhance state and local roles in the management of public lands and will increase the disposal of public lands.
κ2025 Statutes of Nevada, Page 2925 (CHAPTER 455, SB 226)κ
[2. The Subcommittee:
(a) Shall review]
(d) Review the programs and activities of:
(1) The Colorado River Commission of Nevada;
(2) All public water authorities, districts and systems in the State of Nevada, including, without limitation, the Southern Nevada Water Authority, the Truckee Meadows Water Authority, the Virgin Valley Water District, the Carson Water Subconservancy District, the Humboldt River Basin Water Authority and the Truckee-Carson Irrigation District; and
(3) All other public or private entities with which any county in the State has an agreement regarding the planning, development or distribution of water resources, or any combination thereof . [;
(b) Shall submit recommendations for legislation to the Joint Interim Standing Committee on Natural Resources;
(c) Shall, on or before January 15 of each odd-numbered year, submit to the Joint Interim Standing Committee on Natural Resources for transmittal to the Legislature a report concerning the review conducted pursuant to paragraph (a); and
(d)] 2. May review and comment on other issues relating to water resources in this State, including, without limitation:
[(1)] (a) The laws, regulations and policies regulating the use, allocation and management of water in this State; and
[(2)] (b) The status of existing information and studies relating to water use, surface water resources and groundwater resources in this State.
Sec. 11. NRS 218E.555 is hereby amended to read as follows:
218E.555 1. There is hereby created the Legislative Committee for the Review and Oversight of the Tahoe Regional Planning Agency and the Marlette Lake Water System . [consisting of three members of the Senate and three members of the Assembly, appointed by the Legislative Commission with]
2. The Committee consists of eight regular members and five alternate members who are appointed in the same manner as the members of a Joint Interim Standing Committee pursuant to NRS 218E.320, except that the members of the Committee must be appointed, to the extent practicable:
(a) With appropriate regard for their experience with and knowledge of matters relating to the management of natural resources [. The members must be appointed to] ; and
(b) To provide representation from the various geographical regions of the State.
[2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.
3. The members of the Committee shall elect a Chair from one House and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year.
4. Any member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes.
5. Vacancies on the Committee must be filled in the same manner as original appointments.
κ2025 Statutes of Nevada, Page 2926 (CHAPTER 455, SB 226)κ
6. The Committee shall report annually to the Legislative Commission concerning its activities and any recommendations.]
3. Except as otherwise provided in this section, the provisions of NRS 218E.320, 218E.325 and 218E.330:
(a) Apply to the Committee in the same manner as a Joint Interim Standing Committee, including, without limitation, providing the Committee with any powers, privileges and immunities set forth in those provisions; and
(b) Control the Committees formation, organization and operations, including, without limitation, its membership, officers, management, government, budget, compensation, allowances, expenses, meetings and proceedings, but the Committee shall not be deemed a Joint Interim Standing Committee for the purposes of the number of requests that it may submit for the drafting of legislative measures pursuant to NRS 218D.160.
4. If there is a conflict between the provisions of NRS 218E.320, 218E.325 and 218E.330 and the provisions of a specific statute that applies to the Committee, the provisions of the specific statute control.
Sec. 12. NRS 218E.750 is hereby amended to read as follows:
218E.750 1. The Legislative Committee on Senior Citizens, Veterans and Adults With Special Needs [, consisting of six members,] is hereby created.
2. The [membership of the] Committee consists of [:
(a) Three members of the Senate appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party; and
(b) Three members of the Assembly appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party.
2. The Legislative Commission shall review and approve the budget and work program for the Committee and any changes to the budget or work program.
3. The Legislative Commission shall select the Chair and Vice Chair of the Committee from among the members of the Committee. After the initial selection, each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. The office of Chair of the Committee must alternate each biennium between the Houses. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.
4. A member of the Committee who is not a candidate for reelection or who is defeated for reelection continues to serve after the general election until the next regular or special session convenes.
5. A vacancy on the Committee must be filled in the same manner as the original appointment for the remainder of the unexpired term.] eight regular members and five alternate members who are appointed in the same manner as the members of a Joint Interim Standing Committee pursuant to NRS 218E.320.
3. Except as otherwise provided in this section, the provisions of NRS 218E.320, 218E.325 and 218E.330:
(a) Apply to the Committee in the same manner as a Joint Interim Standing Committee, including, without limitation, providing the Committee with any powers, privileges and immunities set forth in those provisions; and
κ2025 Statutes of Nevada, Page 2927 (CHAPTER 455, SB 226)κ
(b) Control the Committees formation, organization and operations, including, without limitation, its membership, officers, management, government, budget, compensation, allowances, expenses, meetings and proceedings, but the Committee shall not be deemed a Joint Interim Standing Committee for the purposes of the number of requests that it may submit for the drafting of legislative measures pursuant to NRS 218D.160.
4. If there is a conflict between the provisions of NRS 218E.320, 218E.325 and 218E.330 and the provisions of a specific statute that applies to the Committee, the provisions of the specific statute control.
Sec. 13. Chapter 218H of NRS is hereby amended by adding thereto the provisions set forth as sections 14 and 15 of this act.
Sec. 14. 1. Legislative committee means any committee, subcommittee, commission or similar body created or authorized by the Legislature or either House to conduct or perform legislative business at the direction of or on behalf of the Legislature or either House.
2. The term includes, without limitation, any interim, advisory or other committee, subcommittee, commission or similar body for which legislative staff members serve as the primary administrative or professional staff.
Sec. 15. Legislative committee investigative meeting, event or trip means any meeting, event or trip that the chair of a legislative committee authorizes as an official meeting, event or trip of the committee in order for the members of the committee and legislative staff members to investigate or otherwise receive any education or information on matters that are pertinent to the committees legislative business or possible future legislative action.
Sec. 16. NRS 218H.030 is hereby amended to read as follows:
218H.030 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 218H.033 to 218H.110, inclusive, and sections 14 and 15 of this act have the meanings ascribed to them in those sections.
Sec. 17. NRS 218H.045 is hereby amended to read as follows:
218H.045 1. Educational or informational meeting, event or trip means any meeting, event or trip undertaken or attended by a Legislator [if,] or legislative officer, or any legislative staff member with the approval of his or her chief administrative supervisor, if in connection with the meeting, event or trip:
(a) The Legislator , legislative officer or legislative staff member, or a member of [the Legislators] his or her household , receives anything of value from a lobbyist to undertake or attend the meeting, event or trip; and
(b) The Legislator , legislative officer or legislative staff member provides or receives any education or information on matters relating to the legislative, administrative or political action of the Legislator [.] or the Legislative Branch.
2. The term includes, without limitation, any reception, gathering, conference, convention, discussion, forum, roundtable, seminar, symposium, speaking engagement or other similar meeting, event or trip with an educational or informational component.
3. The term does not include:
(a) A meeting, event or trip undertaken or attended by a Legislator , legislative officer or legislative staff member, or a member of [the Legislators] his or her household , for personal reasons or for reasons relating to any professional or occupational license held by the [Legislator or the member of the Legislators household,] person, unless the [Legislator or the member of the Legislators household] person participates as one of the primary speakers, instructors or presenters at the meeting, event or trip.
κ2025 Statutes of Nevada, Page 2928 (CHAPTER 455, SB 226)κ
the member of the Legislators household,] person, unless the [Legislator or the member of the Legislators household] person participates as one of the primary speakers, instructors or presenters at the meeting, event or trip.
(b) A meeting, event or trip undertaken or attended by a Legislator , legislative officer or legislative staff member, or a member of [the Legislators] his or her household , if the meeting, event or trip is undertaken or attended as part of his or her bona fide employment or service as an employee or independent contractor and anything of value received by the [Legislator or the member of the Legislators household] person for the meeting, event or trip or otherwise paid for or reimbursed to the [Legislator or the member of the Legislators household] person as part of his or her bona fide employment or service as an employee or independent contractor.
(c) A party, meal, function or other social event to which every Legislator is invited where educational or informational displays or materials are available but no formal speech, presentation or other similar action to educate or inform the Legislators occurs.
(d) A legislative committee investigative meeting, event or trip.
4. For the purposes of this section, anything of value includes, without limitation, any actual expenses for food, beverages, registration fees, travel or lodging provided or given to or paid for the benefit of the Legislator , legislative officer or legislative staff member, or a member of [the Legislators] his or her household , or reimbursement for any such actual expenses paid by the [Legislator or a member of the Legislators household,] person, if the expenses are incurred on a day during which the [Legislator or a member of the Legislators household] person undertakes or attends the meeting, event or trip or during which the [Legislator or a member of the Legislators household] person travels to or from the meeting, event or trip.
5. For the purposes of this section, if a legislative staff member undertakes or attends a meeting, event or trip that meets the definition of educational or informational meeting, event or trip set forth in this section, the legislative staff member is not subject to the Nevada Financial Disclosure Act in NRS 281.5555 to 281.581, inclusive, unless the legislative staff member is a public officer or candidate or a member of a public officers or candidates household for the purposes of that Act.
Sec. 18. NRS 218H.050 is hereby amended to read as follows:
218H.050 1. Expenditure means any of the following acts by a lobbyist while the Legislature is in a regular or special session:
(a) Any payment, conveyance, transfer, distribution, deposit, advance, loan, forbearance, subscription, pledge or rendering of money, services or anything else of value; or
(b) Any contract, agreement, promise or other obligation, whether or not legally enforceable, to make any such expenditure.
2. The term includes, without limitation:
(a) Anything of value provided for an educational or informational meeting, event or trip [.] or a legislative committee investigative meeting, event or trip.
(b) The cost of a party, meal, function or other social event to which every Legislator is invited.
3. The term does not include:
(a) A prohibited gift.
(b) A lobbyists personal expenditures for his or her own food, beverages, lodging, travel expenses or membership fees or dues.
κ2025 Statutes of Nevada, Page 2929 (CHAPTER 455, SB 226)κ
Sec. 19. NRS 218H.060 is hereby amended to read as follows:
218H.060 1. Gift means any payment, conveyance, transfer, distribution, deposit, advance, loan, forbearance, subscription, pledge or rendering of money, services or anything else of value, unless consideration of equal or greater value is received.
2. The term does not include:
(a) Any political contribution of money or services related to a political campaign.
(b) Any commercially reasonable loan made in the ordinary course of business.
(c) Anything of value provided for an educational or informational meeting, event or trip [.] or a legislative committee investigative meeting, event or trip.
(d) The cost of a party, meal, function or other social event to which every Legislator is invited, including, without limitation, the cost of food or beverages provided at the party, meal, function or other social event. For the purposes of this paragraph, there is a presumption that every Legislator is invited if the party, meal, function or other social event is held at any governmental building, facility or other property or the invitation for or notice of the party, meal, function or other social event indicates that it is a legislative event.
(e) Any ceremonial gifts received for a birthday, wedding, anniversary, holiday or other ceremonial occasion from a donor who is not a lobbyist.
(f) Anything of value received from a person who is:
(1) Related to the recipient, or to the spouse or domestic partner of the recipient, by blood, adoption, marriage or domestic partnership within the third degree of consanguinity or affinity; or
(2) A member of the recipients household.
(g) Anything of value received by a person as part of his or her bona fide employment or service as an employee or independent contractor or otherwise paid for or reimbursed to the person as part of his or her bona fide employment or service as an employee or independent contractor.
Sec. 20. NRS 218H.092 is hereby amended to read as follows:
218H.092 Member of the [Legislators] persons household [means] or member of his or her household, or any variation thereof, means:
1. For a person who is subject to the Nevada Financial Disclosure Act in NRS 281.5555 to 281.581, inclusive, a member of [the Legislators] his or her household for the purposes of that Act.
2. For any other person, a substantially similar member of his or her household as if the Nevada Financial Disclosure Act in NRS 281.5555 to 281.581, inclusive [.] , applied to the person but only for the limited purposes of this definition.
Sec. 21. NRS 176.0129 is hereby amended to read as follows:
176.0129 1. The Office of Finance shall, on an annual basis, contract for the services of an independent contractor, in accordance with the provisions of NRS 333.700, to review sentences imposed in this State and the practices of the State Board of Parole Commissioners and project annually the number of persons who will be:
[1.] (a) In a facility or institution of the Department of Corrections;
[2.] (b) On probation;
[3.] (c) On parole; and
[4.] (d) Serving a term of residential confinement,
Κ during the 10 years immediately following the date of the projection.
κ2025 Statutes of Nevada, Page 2930 (CHAPTER 455, SB 226)κ
2. On or before December 1 of each year, the Office of Finance shall prepare an annual report of the review and projections made by the independent contractor pursuant to subsection 1 and provide the report to:
(a) The Joint Interim Standing Committee on the Judiciary; and
(b) The Department of Sentencing Policy.
Sec. 22. NRS 193.309 is hereby amended to read as follows:
193.309 1. Each law enforcement agency shall annually make available to the public and on a monthly basis submit to the Central Repository a report that includes, without limitation, a compilation of statistics relating to incidents involving the use of force that occurred during the immediately preceding calendar year, or month, as applicable, including, without limitation:
(a) The number of complaints against peace officers employed by the law enforcement agency relating to the use of force and the number of such complaints that were substantiated; and
(b) A compilation of statistics relating to incidents involving the use of force that, for each incident, includes, without limitation, all information collected by the National Use-of-Force Data Collection of the Federal Bureau of Investigation.
2. Each law enforcement agency shall submit the report required pursuant to subsection 1 in a manner approved by the Director of the Department of Public Safety and in accordance with the policies, procedures and definitions of the Department.
3. The Central Repository shall make the use-of-force data submitted by each law enforcement agency pursuant to subsection 1 available for access by the public on the Internet website of the Central Repository.
4. The Central Repository may accept gifts, grants and donations from any source for the purpose of carrying out the provisions of this section.
5. To the extent of legislative appropriation, the Office of the Attorney General shall:
(a) Review the use-of-force data that is publicly available on the Internet website of the Central Repository;
(b) Prepare a report containing any conclusions or recommendations resulting from its review; and
(c) On or before December 1 of each year, submit to the Governor , the Joint Interim Standing Committee on the Judiciary and [to] the Director of the Legislative Counsel Bureau for transmittal to the Legislature the report prepared pursuant to paragraph (b).
6. Each law enforcement agency in this State shall participate in the National Use-of-Force Data Collection of the Federal Bureau of Investigation.
7. Information collected pursuant to this section must not be introduced into evidence or otherwise used in any way against a peace officer during a criminal proceeding.
8. As used in this section:
(a) Central Repository means the Central Repository for Nevada Records of Criminal History.
(b) Law enforcement agency means:
(1) The sheriffs office of a county;
(2) A metropolitan police department;
(3) A police department of an incorporated city;
(4) The Department of Corrections;
κ2025 Statutes of Nevada, Page 2931 (CHAPTER 455, SB 226)κ
(5) The police department for the Nevada System of Higher Education;
(6) Any political subdivision of this State employing park rangers to enforce laws within its jurisdiction; or
(7) Any political subdivision of this State which has as its primary duty the enforcement of law and which employs peace officers to fulfill its duty.
Sec. 23. NRS 209.192 is hereby amended to read as follows:
209.192 1. There is hereby created in the State Treasury a Fund for New Construction of Facilities for Prison Industries as a capital projects fund. The Director shall deposit in the Fund the deductions made pursuant to subparagraph (3) of paragraph (a) of subsection 3 or subparagraph (2) of paragraph (a) of subsection 4 of NRS 209.463. The money in the Fund must only be expended:
(a) To house new industries or expand existing industries in the industrial program to provide additional employment of offenders;
(b) To relocate, expand, upgrade or modify an existing industry in the industrial program to enhance or improve operations or security or to provide additional employment or training of offenders;
(c) To purchase or lease equipment to be used for the training of offenders or in the operations of prison industries;
(d) To pay or fund the operations of prison industries, including, without limitation, paying the salaries of staff and wages of offenders if the cash balance in the Fund for Prison Industries is below the average monthly expenses for the operation of prison industries;
(e) To advertise and promote the goods produced and services provided by prison industries; or
(f) For any other purpose authorized by the Legislature.
2. Before money in the Fund may be expended , [:
(a) As described in paragraphs (b) to (e), inclusive, of subsection 1, the Director shall submit a proposal for the expenditure to the Joint Interim Standing Committee on the Judiciary and the State Board of Examiners.
(b) For construction,] the Director shall submit a proposal for the expenditure to the State Board of Examiners.
3. Upon making a determination that the proposed expenditure is appropriate and necessary, the State Board of Examiners shall recommend to the Interim Finance Committee, or the Senate Standing Committee on Finance and the Assembly Standing Committee on Ways and Means when the Legislature is in general session, that the expenditure be approved. Upon approval of the appropriate committee or committees, the money may be so expended.
4. If any money in the Fund is used as described in paragraph (d) of subsection 1, the Director shall repay the amount used as soon as sufficient money is available in the Fund for Prison Industries.
5. The interest and income earned on the money in the Fund, after deducting any applicable charges, must be credited to the Fund.
6. As used in this section, Fund means Fund for New Construction of Facilities for Prison Industries.
Sec. 24. NRS 209.461 is hereby amended to read as follows:
209.461 1. The Director shall:
(a) To the greatest extent possible, approximate the normal conditions of training and employment in the community.
κ2025 Statutes of Nevada, Page 2932 (CHAPTER 455, SB 226)κ
(b) Except as otherwise provided in this section, to the extent practicable, require each offender, except those whose behavior is found by the Director to preclude participation, to spend 40 hours each week in vocational training or employment, unless excused for a medical reason or to attend educational classes in accordance with NRS 209.396. The Director shall require as a condition of employment that an offender sign an authorization for the deductions from his or her wages made pursuant to NRS 209.463. Authorization to make the deductions pursuant to NRS 209.463 is implied from the employment of an offender and a signed authorization from the offender is not required for the Director to make the deductions pursuant to NRS 209.463.
(c) Use the earnings from services and manufacturing conducted by the institutions and the money paid by private employers who employ the offenders to offset the costs of operating the prison system and to provide wages for the offenders being trained or employed.
(d) Provide equipment, space and management for services and manufacturing by offenders.
(e) Employ craftsmen and other personnel to supervise and instruct offenders.
(f) Contract with governmental agencies and private employers for the employment of offenders, including their employment on public works projects under contracts with the State and with local governments.
(g) Contract for the use of offenders services and for the sale of goods manufactured by offenders.
(h) On or before January 1, 2014, and every 5 years thereafter, submit a report to the Director of the Legislative Counsel Bureau for distribution to the Joint Interim Standing Committee on the Judiciary. The report must include, without limitation, an analysis of existing contracts with private employers for the employment of offenders and the potential impact of those contracts on private industry in this State.
(i) Submit a report to each meeting of the Interim Finance Committee identifying any accounts receivable related to a program for the employment of offenders.
2. Every program for the employment of offenders established by the Director must:
(a) Employ the maximum number of offenders possible;
(b) Except as otherwise provided in NRS 209.192, provide for the use of money produced by the program to reduce the cost of maintaining the offenders in the institutions;
(c) Have an insignificant effect on the number of jobs available to the residents of this State; and
(d) Provide occupational training for offenders.
3. An offender may not engage in vocational training, employment or a business that requires or permits the offender to:
(a) Telemarket or conduct opinion polls by telephone; or
(b) Acquire, review, use or have control over or access to personal information concerning any person who is not incarcerated.
4. Each fiscal year, the cumulative profits and losses, if any, of the programs for the employment of offenders established by the Director must result in a profit for the Department. The following must not be included in determining whether there is a profit for the Department:
(a) Fees credited to the Fund for Prison Industries pursuant to NRS 482.268, any revenue collected by the Department for the leasing of space, facilities or equipment within the institutions or facilities of the Department, and any interest or income earned on the money in the Fund for Prison Industries.
κ2025 Statutes of Nevada, Page 2933 (CHAPTER 455, SB 226)κ
facilities or equipment within the institutions or facilities of the Department, and any interest or income earned on the money in the Fund for Prison Industries.
(b) The selling expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, selling expenses means delivery expenses, salaries of sales personnel and related payroll taxes and costs, the costs of advertising and the costs of display models.
(c) The general and administrative expenses of the Central Administrative Office of the programs for the employment of offenders. As used in this paragraph, general and administrative expenses means the salary of the Deputy Director of Industrial Programs and the salaries of any other personnel of the Central Administrative Office and related payroll taxes and costs, the costs of telephone usage, and the costs of office supplies used and postage used.
5. If any state-sponsored program incurs a net loss for 2 consecutive fiscal years, the Director shall appear before the [Joint Interim Standing Committee on the Judiciary] Interim Finance Committee to explain the reasons for the net loss and provide a plan for the generation of a profit in the next fiscal year. If the program does not generate a profit in the third fiscal year, the Director shall take appropriate steps to resolve the issue.
6. Except as otherwise provided in subsection 3, the Director may, with the approval of the Board:
(a) Lease spaces and facilities within any institution of the Department to private employers to be used for the vocational training and employment of offenders.
(b) Grant to reliable offenders the privilege of leaving institutions or facilities of the Department at certain times for the purpose of vocational training or employment.
7. Before entering into any contract with a private employer for the employment of offenders pursuant to subsection 1, the Director shall obtain from the private employer:
(a) A personal guarantee to secure an amount fixed by the Director of:
(1) For a contract that does not relate to construction, not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director of not less than 25 percent of the prorated annual amount of the contract but not more than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract; or
(2) For a contract that relates to construction, not less than 100 percent of the prorated annual amount of the contract, a surety bond made payable to the State of Nevada in an amount fixed by the Director of not less than 100 percent of the prorated annual amount of the contract and conditioned upon the faithful performance of the contract in accordance with the terms and conditions of the contract,
Κ or a security agreement to secure any debt, obligation or other liability of the private employer under the contract, including, without limitation, lease payments, wages earned by offenders and compensation earned by personnel of the Department. The Director shall appear before the [Joint Interim Standing Committee on the Judiciary] Interim Finance Committee to explain the reasons for the amount fixed by the Director for any personal guarantee or surety bond.
κ2025 Statutes of Nevada, Page 2934 (CHAPTER 455, SB 226)κ
Standing Committee on the Judiciary] Interim Finance Committee to explain the reasons for the amount fixed by the Director for any personal guarantee or surety bond.
(b) A detailed written analysis on the estimated impact of the contract on private industry in this State. The written analysis must include, without limitation:
(1) The number of private companies in this State currently providing the types of products and services offered in the proposed contract.
(2) The number of residents of this State currently employed by such private companies.
(3) The number of offenders that would be employed under the contract.
(4) The skills that the offenders would acquire under the contract.
8. The provisions of this chapter do not create a right on behalf of the offender to employment or to receive the federal or state minimum wage for any employment and do not establish a basis for any cause of action against the State or its officers or employees for employment of an offender or for payment of the federal or state minimum wage to an offender.
9. As used in this section, state-sponsored program means a program for the vocational training or employment of offenders which does not include a contract of employment with a private employer.
Sec. 25. NRS 209.4818 is hereby amended to read as follows:
209.4818 1. The [Joint Interim Standing Committee on the Judiciary] Interim Finance Committee shall:
(a) Be informed on issues and developments relating to industrial programs for correctional institutions;
(b) [Submit a semiannual report to the Interim Finance Committee before July 1 and December 1 of each year on the status of current and proposed industrial programs for correctional institutions;
(c)] Report to the Legislature on any [other] matter relating to industrial programs for correctional institutions that it deems appropriate;
[(d)] (c) Recommend three persons to the Director for appointment as the Deputy Director for Industrial Programs whenever a vacancy exists;
[(e)] (d) Before any new industrial program is established by the Director, review the proposed program for compliance with the requirements of subsections 2, 3, 4 and 7 of NRS 209.461 and submit to the Director its recommendations concerning the proposed program; and
[(f)] (e) Review each state-sponsored industry program established pursuant to subsection 2 of NRS 209.461 to determine whether the program is operating profitably. If the Committee determines that a program has incurred a net loss in 3 consecutive fiscal years, the Committee shall report its finding to the Director with a recommendation regarding whether the program should be continued or terminated. If the Director does not accept the recommendation of the Committee, the Director shall submit a written report to the Committee setting forth his or her reasons for rejecting the recommendation.
2. Upon the request of the [Joint Interim Standing Committee on the Judiciary,] Interim Finance Committee, the Director and the Deputy Director for Industrial Programs shall provide to the Committee any information that the Committee determines is relevant to the performance of the duties of the Committee.
κ2025 Statutes of Nevada, Page 2935 (CHAPTER 455, SB 226)κ
3. As used in this section, state-sponsored industry program means a program for the vocational training or employment of offenders which does not include a contract of employment with a private employer.
Sec. 26. Chapter 232B of NRS is hereby amended by adding thereto a new section to read as follows:
As used in this section and NRS 232B.210 to 232B.240, inclusive, unless the context otherwise requires, Sunset Committee or Committee means the Sunset Committee of the Legislature created by NRS 232B.210.
Sec. 27. NRS 232B.210 is hereby amended to read as follows:
232B.210 1. The Sunset [Subcommittee of the Legislative Commission, consisting of nine members,] Committee of the Legislature is hereby created.
2. The [membership of the Sunset Subcommittee] Committee consists of [:
(a) Three voting members of the Legislature appointed by the Majority Leader of the Senate, at least one of whom must be a member of the minority political party;
(b) Three voting members of the Legislature appointed by the Speaker of the Assembly, at least one of whom must be a member of the minority political party; and
(c) Three nonvoting members of the general public appointed by the Chair of the Legislative Commission from among the names of nominees submitted by the Governor pursuant to subsection 2.
2. The Governor shall, at least 30 days before the beginning of the term of any member appointed pursuant to paragraph (c) of subsection 1, or within 30 days after such a position on the Sunset Subcommittee becomes vacant, submit to the Legislative Commission the names of at least three persons qualified for membership on the Sunset Subcommittee. The Chair of the Legislative Commission shall appoint a new member or fill the vacancy from the list, or request a new list. The Chair of the Legislative Commission may appoint any qualified person who is a resident of this State to a position described in paragraph (c) of subsection 1.
3. Each member of the Sunset Subcommittee serves at the pleasure of the appointing authority.
4. The voting members of the Sunset Subcommittee shall elect a Chair from one House of the Legislature and a Vice Chair from the other House. Each Chair and Vice Chair holds office for a term of 2 years commencing on July 1 of each odd-numbered year. If a vacancy occurs in the office of Chair or Vice Chair, the vacancy must be filled in the same manner as the original selection for the remainder of the unexpired term.
5. The membership of any member of the Sunset Subcommittee who is a Legislator and who is not a candidate for reelection or who is defeated for reelection terminates on the day next after the general election.
6. A vacancy on the Sunset Subcommittee must be filled in the same manner as the original appointment.
7. The Sunset Subcommittee shall meet at the times and places specified by a call of the Chair. Four voting members of the Sunset Subcommittee constitute a quorum, and a quorum may exercise any power or authority conferred on the Sunset Subcommittee.
8. For each day or portion of a day during which a member of the Sunset Subcommittee who is a Legislator attends a meeting of the Sunset Subcommittee or is otherwise engaged in the business of the Sunset Subcommittee, except during a regular or special session of the Legislature, the Legislator is entitled to receive the:
κ2025 Statutes of Nevada, Page 2936 (CHAPTER 455, SB 226)κ
Subcommittee or is otherwise engaged in the business of the Sunset Subcommittee, except during a regular or special session of the Legislature, the Legislator is entitled to receive the:
(a) Compensation provided for a majority of the members of the Legislature during the first 60 days of the preceding regular session;
(b) Per diem allowance provided for state officers generally; and
(c) Travel expenses provided pursuant to NRS 218A.655.
Κ The compensation, per diem allowances and travel expenses of the members of the Sunset Subcommittee who are Legislators must be paid from the Legislative Fund.
9. While engaged in the business of the Sunset Subcommittee, the members of the Subcommittee who are not Legislators are entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.] eight regular members and five alternate members who are appointed in the same manner as the members of a Joint Interim Standing Committee pursuant to NRS 218E.320.
3. Except as otherwise provided in this section, the provisions of NRS 218E.320, 218E.325 and 218E.330:
(a) Apply to the Committee in the same manner as a Joint Interim Standing Committee, including, without limitation, providing the Committee with any powers, privileges and immunities set forth in those provisions; and
(b) Control the Committees formation, organization and operations, including, without limitation, its membership, officers, management, government, budget, compensation, allowances, expenses, meetings and proceedings, but the Committee shall not be deemed a Joint Interim Standing Committee for the purposes of the number of requests that it may submit for the drafting of legislative measures pursuant to NRS 218D.160.
4. If there is a conflict between the provisions of NRS 218E.320, 218E.325 and 218E.330 and the provisions of a specific statute that applies to the Committee, the provisions of the specific statute control.
Sec. 28. NRS 232B.220 is hereby amended to read as follows:
232B.220 1. The Sunset [Subcommittee of the Legislative Commission] Committee shall conduct a review of each board and commission in this State which is not provided for in the Nevada Constitution or established by an executive order of the Governor to determine whether the board or commission should be terminated, modified, consolidated with another board or commission or continued. Such a review must include, without limitation:
(a) An evaluation of the major policies and programs of the board or commission, including, without limitation, an examination of other programs or services offered in this State to determine if any other provided programs or services duplicate those offered by the board or commission;
(b) Any recommendations for improvements in the policies and programs offered by the board or commission; and
(c) A determination of whether any statutory tax exemptions, abatements or money set aside to be provided to the board or commission should be terminated, modified or continued.
2. The [Sunset Subcommittee] Committee shall review not less than 10 boards and commissions specified in subsection 1 during each legislative interim.
3. Any action taken by the [Sunset Subcommittee] Committee concerning a board or commission pursuant to NRS 232B.210 to [232B.250,] 232B.240, inclusive, and section 26 of this act is in addition or supplemental to any action taken by the Legislative Commission pursuant to NRS 232B.010 to 232B.100, inclusive.
κ2025 Statutes of Nevada, Page 2937 (CHAPTER 455, SB 226)κ
232B.240, inclusive, and section 26 of this act is in addition or supplemental to any action taken by the Legislative Commission pursuant to NRS 232B.010 to 232B.100, inclusive.
Sec. 29. NRS 232B.230 is hereby amended to read as follows:
232B.230 1. Each board and commission subject to review by the Sunset [Subcommittee of the Legislative Commission] Committee shall submit information to the [Sunset Subcommittee] Committee on a form prescribed by the [Sunset Subcommittee.] Committee. The information must include, without limitation:
(a) The name of the board or commission;
(b) The name of each member of the board or commission;
(c) The address of the Internet website established and maintained by the board or commission, if any;
(d) The name and contact information of the executive director of the board or commission, if any;
(e) A list of the members of the staff of the board or commission;
(f) The authority by which the board or commission was created;
(g) The governing structure of the board or commission, including, without limitation, information concerning the method, terms, qualifications and conditions of appointment and removal of the members of the board or commission;
(h) The duties of the board or commission;
(i) The operating budget of the board or commission;
(j) A statement setting forth the income and expenses of the board or commission for at least 3 years immediately preceding the date on which the board or commission submits the form required by this subsection, including the balances of any fund or account maintained by or on behalf of the board or commission;
(k) The most recent audit conducted of the board or commission, if any;
(l) The dates of the immediately preceding six meetings held by the board or commission;
(m) A statement of the objectives and programs of the board or commission;
(n) A conclusion concerning the effectiveness of the objectives and programs of the board or commission;
(o) Any recommendations for statutory changes which are necessary for the board or commission to carry out its objectives and programs; and
(p) Such other information as the [Sunset Subcommittee] Committee may require.
2. The [Sunset Subcommittee] Committee may direct the Legislative Counsel Bureau to assist in its research, investigations, review and analysis of the information submitted by each board and commission pursuant to subsection 1.
Sec. 30. NRS 232B.235 is hereby amended to read as follows:
232B.235 1. At any time during a legislative interim, if the Sunset [Subcommittee of the Legislative Commission] Committee determines that a board or commission subject to its review [by the Sunset Subcommittee] should be audited, the [Sunset Subcommittee] Committee shall make such a recommendation to the Legislative Commission. The [Sunset Subcommittee] Committee shall include with its recommendation a summary of the justification for the recommendation.
2. After receiving a recommendation from the [Sunset Subcommittee] Committee pursuant to subsection 1, the Legislative Commission shall evaluate the recommendation and determine whether to direct the Legislative Auditor to perform an audit of the board or commission pursuant to NRS 218G.120.
κ2025 Statutes of Nevada, Page 2938 (CHAPTER 455, SB 226)κ
evaluate the recommendation and determine whether to direct the Legislative Auditor to perform an audit of the board or commission pursuant to NRS 218G.120. In making its determination, the Legislative Commission shall consider the current workload of the Audit Division of the Legislative Counsel Bureau.
3. The Legislative Auditor shall not perform more than four audits directed by the Legislative Commission pursuant to this section during a legislative interim.
Sec. 31. NRS 232B.237 is hereby amended to read as follows:
232B.237 1. The Sunset [Subcommittee of the Legislative Commission] Committee shall conduct a review of each professional or occupational licensing board and regulatory body in this State to determine whether the restrictions on the criminal history of an applicant for an occupational or professional license are appropriate.
2. Each professional or occupational licensing board and regulatory body subject to review pursuant to subsection 1 must submit information to the [Sunset Subcommittee] Committee on a form prescribed by the [Sunset Subcommittee.] Committee. The information must include, without limitation:
(a) The number of petitions submitted to a professional or occupational licensing board and regulatory body pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395, 445B.7776, 449.03008, 449.4316, 450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 678B.630 and 706.4626;
(b) The number of determinations of disqualification made by the professional or occupational licensing board and regulatory body pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395, 445B.7776, 449.03008, 449.4316, 450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 678B.630 and 706.4626; and
(c) The reasons for such determinations of disqualification.
3. As used in this section, regulatory body has the meaning ascribed to it in NRS 622.060.
Sec. 32. NRS 232B.240 is hereby amended to read as follows:
232B.240 1. The Sunset [Subcommittee of the Legislative Commission] Committee shall conduct public hearings for the purpose of obtaining comments on, and may require the Legislative Counsel Bureau to submit reports on, the need for the termination, modification, consolidation or continued operation of a board or commission.
2. The [Sunset Subcommittee] Committee shall consider any report submitted to it by the Legislative Counsel Bureau.
3. The Committee may exercise any of the investigative powers set forth in NRS 218E.105 to 218E.140, inclusive.
4. A board or commission has the burden of proving that there is a public need for its continued existence.
Sec. 33. NRS 233B.063 is hereby amended to read as follows:
233B.063 1. An agency that intends to adopt, amend or repeal a permanent regulation must deliver to the Legislative Counsel a copy of the proposed regulation.
κ2025 Statutes of Nevada, Page 2939 (CHAPTER 455, SB 226)κ
proposed regulation. The Legislative Counsel shall examine and if appropriate revise the language submitted so that it is clear, concise and suitable for incorporation in the Nevada Administrative Code, but shall not alter the meaning or effect without the consent of the agency.
2. Unless the proposed regulation is submitted to the Legislative Counsel between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall deliver the approved or revised text of the regulation within 30 days after it is submitted to the Legislative Counsel. If the proposed or revised text of a regulation is changed before adoption, the agency shall submit the changed text to the Legislative Counsel, who shall examine and revise it if appropriate pursuant to the standards of subsection 1. Unless it is submitted between July 1 of an even-numbered year and July 1 of the succeeding odd-numbered year, the Legislative Counsel shall return it with any appropriate revisions within 30 days. [If the agency is a licensing board as defined in NRS 439B.225 and the proposed regulation relates to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the agency, the Legislative Counsel shall also deliver one copy of the approved or revised text of the regulation to the Joint Interim Standing Committee on Health and Human Services.]
3. An agency may adopt a temporary regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year without following the procedure required by this section and NRS 233B.064, but any such regulation expires by limitation on November 1 of the odd-numbered year. A substantively identical permanent regulation may be subsequently adopted.
4. An agency may amend or suspend a permanent regulation between August 1 of an even-numbered year and July 1 of the succeeding odd-numbered year by adopting a temporary regulation in the same manner and subject to the same provisions as prescribed in subsection 3.
Sec. 34. NRS 233B.070 is hereby amended to read as follows:
233B.070 1. A permanent regulation becomes effective when the Legislative Counsel files with the Secretary of State the original of the final draft or revision of a regulation, except as otherwise provided in NRS 293.247 or where a later date is specified in the regulation.
2. Except as otherwise provided in NRS 233B.0633, an agency that has adopted a temporary regulation may not file the temporary regulation with the Secretary of State until 35 days after the date on which the temporary regulation was adopted by the agency. A temporary regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of the regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the temporary regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.
3. An emergency regulation becomes effective when the agency files with the Secretary of State the original of the final draft or revision of an emergency regulation, together with the informational statement prepared pursuant to NRS 233B.066. The agency shall also file a copy of the emergency regulation with the Legislative Counsel, together with the informational statement prepared pursuant to NRS 233B.066.
κ2025 Statutes of Nevada, Page 2940 (CHAPTER 455, SB 226)κ
4. The Secretary of State shall maintain the original of the final draft or revision of each regulation in a permanent file to be used only for the preparation of official copies.
5. The Secretary of State shall file, with the original of each agencys rules of practice, the current statement of the agency concerning the date and results of its most recent review of those rules.
6. Immediately after each permanent or temporary regulation is filed, the agency shall deliver one copy of the final draft or revision, bearing the stamp of the Secretary of State indicating that it has been filed, including material adopted by reference which is not already filed with the State Library, Archives and Public Records Administrator, to the State Library, Archives and Public Records Administrator for use by the public. [If the agency is a licensing board as defined in NRS 439B.225 and it has adopted a permanent regulation relating to standards for the issuance or renewal of licenses, permits or certificates of registration issued to a person or facility regulated by the agency, the agency shall also deliver one copy of the regulation, bearing the stamp of the Secretary of State, to the Joint Interim Standing Committee on Health and Human Services within 10 days after the regulation is filed with the Secretary of State.]
7. Each agency shall furnish a copy of all or part of that part of the Nevada Administrative Code which contains its regulations, to any person who requests a copy, and may charge a reasonable fee for the copy based on the cost of reproduction if it does not have money appropriated or authorized for that purpose.
8. An agency which publishes any regulations included in the Nevada Administrative Code shall use the exact text of the regulation as it appears in the Nevada Administrative Code, including the leadlines and numbers of the sections. Any other material which an agency includes in a publication with its regulations must be presented in a form which clearly distinguishes that material from the regulations.
Sec. 35. NRS 321.7355 is hereby amended to read as follows:
321.7355 1. The State Land Use Planning Agency may prepare, in cooperation with appropriate federal and state agencies and local governments throughout the State, plans or statements of policy concerning the administration of lands in the State of Nevada that are under federal management. The plans or statements of policy must not include matters concerning zoning or the division of land and must be consistent with local plans and regulations concerning the use of private property.
2. The State Land Use Planning Agency shall:
(a) Encourage public comment upon the various matters treated in a proposed plan or statement of policy throughout its preparation and incorporate such comments into the proposed plan or statement of policy as are appropriate;
(b) Submit its work on a plan or statement of policy periodically for review and comment by the Land Use Planning Advisory Council and the [Subcommittee] Committee on Public Lands ; [of the Joint Interim Standing Committee on Natural Resources;] and
(c) Provide written responses to written comments received from a county or city upon the various matters treated in a proposed plan or statement of policy.
3. Whenever the State Land Use Planning Agency prepares plans or statements of policy pursuant to subsection 1 and submits those plans or statements of policy to the Governor, the Legislature, the [Subcommittee] Committee on Public Lands [of the Joint Interim Standing Committee on Natural Resources] or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policy the comments and recommendations of:
κ2025 Statutes of Nevada, Page 2941 (CHAPTER 455, SB 226)κ
statements of policy to the Governor, the Legislature, the [Subcommittee] Committee on Public Lands [of the Joint Interim Standing Committee on Natural Resources] or an agency of the Federal Government, the State Land Use Planning Agency shall include with each plan or statement of policy the comments and recommendations of:
(a) The Land Use Planning Advisory Council; and
(b) The [Subcommittee] Committee on Public Lands . [of the Joint Interim Standing Committee on Natural Resources.]
4. A plan or statement of policy must be approved by the governing bodies of the county and cities affected by it before it is put into effect.
Sec. 36. NRS 332.215 is hereby amended to read as follows:
332.215 1. Each county of this state whose population is 100,000 or more, must be a member of the Commission to Study Governmental Purchasing which is composed of all purchasing agents of the local governments within those counties. Each county whose population is less than 100,000 may participate as a voting member of the Commission. The members shall select a Chair from among their number.
2. The Commission shall meet no less than quarterly or at the call of the Chair to study practices in governmental purchasing and laws relating thereto and shall make recommendations with respect to those laws to the next regular session of the Legislature.
3. On or before July 1 of each even-numbered year, the Commission shall submit a written report to the Joint Interim Standing Committee on [Legislative Operations and Elections] Government Affairs that includes any recommendations of the Commission for legislation relating to governmental purchasing.
Sec. 37. NRS 388.887 is hereby amended to read as follows:
388.887 1. The State Board shall create a subcommittee to review and make recommendations on the manner in which to provide age-appropriate and historically accurate instruction about the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, in social studies and language arts courses of study.
2. The review conducted and any recommendations made by the subcommittee pursuant to this section must include, without limitation:
(a) The manner in which to modify the curricula of relevant courses in social studies and language arts to include the instruction described in this section;
(b) An inventory of available classroom resources for educators to meet the requirements of this section;
(c) The professional development that may be necessary or appropriate for a teacher who provides the instruction described in this section; and
(d) Consideration of any similar instruction provided in another state or school district.
3. The subcommittee shall link current standards with community resources that may assist in the implementation of the instruction described in subsection 1. The subcommittee shall review the manner in which the current standards support comprehensive education regarding the Holocaust and other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, including, without limitation, by:
κ2025 Statutes of Nevada, Page 2942 (CHAPTER 455, SB 226)κ
(a) Preparing pupils to confront the immorality of the Holocaust, other genocides, such as the Armenian, Cambodian, Darfur, Guatemalan and Rwandan genocides, and other acts of mass violence and to reflect on the causes of related historical events;
(b) Addressing the breadth of the history of the Holocaust, including, without limitation, the dictatorship of the Third Reich, the system of concentration camps, the persecution of both Jewish and non-Jewish people, the resistance to the Third Reich and the Holocaust by both Jewish and non-Jewish people and the various trials that occurred after the end of World War II;
(c) Developing the respect of pupils for cultural diversity and helping pupils to gain insight into the importance of international human rights for all people;
(d) Promoting the understanding of pupils of how the Holocaust contributed to the need for the term genocide and led to international legislation that recognized genocide as a crime;
(e) Communicating the impact of personal responsibility, civic engagement and societal responsiveness;
(f) Stimulating the reflection of pupils on the role and responsibility of citizens in democratic societies to combat misinformation, indifference and discrimination through the development of critical thinking skills and through tools of resistance such as protest, reform and celebration;
(g) Providing pupils with opportunities to contextualize and analyze patterns of human behavior by persons and groups who belong in one or more categories, including, without limitation, perpetrator, collaborator, bystander, victim and rescuer;
(h) Enabling pupils to understand the ramifications of prejudice, racism and stereotyping;
(i) Preserving the memories of survivors of genocide and providing opportunities for pupils to discuss and honor the cultural legacies of survivors;
(j) Providing pupils with a foundation for examining the history of discrimination in this State;
(k) Including in curricula the use of personal narratives and multimedia primary source materials, which may include, without limitation, video testimony, photographs, artwork, diary entries, letters, government documents, maps and poems; and
(l) Exploring the various mechanisms of transitional and restorative justice that help humanity move forward in the aftermath of genocide.
4. The subcommittee must be composed of the Superintendent of Public Instruction, or his or her designee, and the following members appointed by the Superintendent:
(a) Three members representing the Governors Advisory Council on Education Relating to the Holocaust created by NRS 233G.020;
(b) Three members representing nonprofit organizations that have developed curricula regarding the Holocaust for use in public schools;
(c) At least one member representing a school district in which 60,000 or more pupils are enrolled;
(d) At least one member representing a school district in which fewer than 60,000 pupils are enrolled;
(e) At least one member representing a charter school located in this State;
κ2025 Statutes of Nevada, Page 2943 (CHAPTER 455, SB 226)κ
(f) At least one member representing nonprofit organizations that have developed curricula for use in public schools regarding the Armenian genocide; and
(g) At least one member representing nonprofit organizations that have developed curricula for use in public schools regarding genocides other than the Holocaust and the Armenian genocide.
5. On or before [October] July 1 of each even-numbered year, the State Board shall report its findings and any recommendations to the Joint Interim Standing Committee on Education, including, without limitation, any recommendations made by the subcommittee pursuant to subsection 1, as well as any actions the State Board has taken or intends to take to include the instruction in the relevant courses pursuant to subsection 2.
6. On or before [February 1] August 31 of each [odd-numbered] even-numbered year, the Joint Interim Standing Committee on Education shall consider the report submitted by the State Board and prepare and submit a written report to the Director of the Legislative Counsel Bureau for transmittal to the Legislature concerning the Committees consideration of the matters described in this section and any recommendations for legislation to ensure the instruction described in this section is included in the curricula for the relevant courses.
7. As used in this section:
(a) Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, racial or religious group and includes, without limitation, genocides and other acts of mass atrocities identified by the United States Holocaust Memorial Museum:
(1) Killing members of the group;
(2) Causing serious bodily or mental harm to members of the group;
(3) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(4) Imposing measures intended to prevent births within the group; and
(5) Forcibly transferring children of the group to another group.
(b) Holocaust means the systematic, bureaucratic, state-sponsored persecution and murder of approximately 6,000,000 Jewish persons and 5,000,000 other persons by the Nazi regime and its collaborators.
Sec. 38. NRS 391.494 is hereby amended to read as follows:
391.494 1. Each member of the Task Force must:
(a) Be a licensed teacher or an education support professional with at least 5 consecutive years of experience teaching or serving as an education support professional, as applicable, in a public school in this State;
(b) Be currently employed as a teacher or an education support professional and actively teaching or serving as an education support professional, as applicable, in a public school in this State, and remain employed as a teacher or an education support professional, as applicable, in a public school in this State for the duration of the members term; and
(c) Not be currently serving on any other education-related board, commission, council, task force or similar governmental entity.
2. On or before December 1, 2023, the Department shall prescribe a uniform application for a teacher or an education support professional to use to apply to serve on the Task Force.
3. A teacher or an education support professional who wishes to serve on the Task Force must submit an application prescribed pursuant to subsection 2 to the Joint Interim Standing Committee on Education on or before [January 15] December 1 of an [even-numbered] odd-numbered year.
κ2025 Statutes of Nevada, Page 2944 (CHAPTER 455, SB 226)κ
subsection 2 to the Joint Interim Standing Committee on Education on or before [January 15] December 1 of an [even-numbered] odd-numbered year. On or before February 15 of each even-numbered year, the Joint Interim Standing Committee on Education shall select one or more teachers or education support professionals, as applicable, to serve as a member of the Task Force.
Sec. 39. NRS 449.242 is hereby amended to read as follows:
449.242 1. Except as otherwise provided in subsection 4, each hospital located in a county whose population is 100,000 or more and which is licensed to have more than 70 beds shall establish a staffing committee to develop a written policy as required pursuant to NRS 449.2423 and a documented staffing plan as required pursuant to NRS 449.2421. Each staffing committee established pursuant to this subsection must consist of:
(a) Not less than one-half of the total regular members of the staffing committee from the licensed nursing staff and certified nursing assistants who are providing direct patient care at the hospital. The members described in this paragraph must consist of:
(1) One member representing each unit of the hospital who is a licensed nurse who provides direct patient care on that unit, elected by the licensed nursing staff who provide direct patient care on the unit that the member will represent.
(2) One member representing each unit of the hospital who is a certified nursing assistant who provides direct patient care on that unit, elected by the certified nursing assistants who provide direct patient care on the unit that the member will represent.
(b) Not less than one-half of the total regular members of the staffing committee appointed by the administration of the hospital.
(c) One alternate member representing each unit of the hospital who is a licensed nurse or certified nursing assistant who provides direct patient care on that unit, elected by the licensed nursing staff and certified nursing assistants who provide direct patient care on the unit that the member represents.
2. Each time a new staffing committee is formed pursuant to subsection 1, the administration of the hospital shall hold an election to select the members described in paragraphs (a) and (c) of subsection 1. Each licensed nurse and certified staffing assistant who provides direct patient care at the hospital must be allowed at least 3 days to vote for:
(a) The regular member described in paragraph (a) of subsection 1 who will represent his or her unit and profession; and
(b) The alternate member described in paragraph (c) of subsection 1 who will represent his or her unit.
3. If a vacancy occurs in a position on a staffing committee described in paragraph (a) or (c) of subsection 1, a new regular or alternate member, as applicable, must be elected in the same manner as his or her predecessor.
4. If a staffing committee is established for a health care facility described in subsection 1 through collective bargaining with an employee organization representing the licensed nursing staff and certified nursing assistants of the health care facility:
(a) The health care facility is not required to form a staffing committee pursuant to that subsection; and
κ2025 Statutes of Nevada, Page 2945 (CHAPTER 455, SB 226)κ
(b) The staffing committee established pursuant to the collective bargaining agreement shall be deemed to be the staffing committee established for the health care facility pursuant to subsection 1.
5. In developing the written policy and the staffing plan, the staffing committee shall consider, without limitation, the information received pursuant to paragraph (b) of subsection 5 of NRS 449.2423 regarding requests to be relieved of a work assignment, refusals of a work assignment and objections to a work assignment.
6. The staffing committee of a hospital shall meet at least quarterly.
[7. Each hospital that is required to establish a staffing committee pursuant to this section shall prepare a written report concerning the establishment of the staffing committee, the activities and progress of the staffing committee and a determination of the efficacy of the staffing committee. The hospital shall submit the report on or before December 31 of each:
(a) Even-numbered year to the Director of the Legislative Counsel Bureau for transmission to the next regular session of the Legislature.
(b) Odd-numbered year to the Joint Interim Standing Committee on Health and Human Services.]
Sec. 40. (Deleted by amendment.)
Sec. 40.5. NRS 514A.110 is hereby amended to read as follows:
514A.110 [A]
1. Except as otherwise provided in this section, a permanent regulation adopted by the:
[1.] (a) Nevada Tax Commission, pursuant to NRS 360.090, concerning any taxation related to the extraction of any mineral in this State, including, without limitation, the taxation of the net proceeds pursuant to chapter 362 of NRS and Section 5 of Article 10 of the Nevada Constitution;
[2.] (b) Administrator of the Division of Industrial Relations of the Department of Business and Industry for mine health and safety pursuant to NRS 512.131;
[3.] (c) Commission on Mineral Resources pursuant to NRS 513.063, 513.094 or 519A.290; and
[4.] (d) State Environmental Commission pursuant to NRS 519A.160,
Κ is not effective unless it is reviewed by the Mining Oversight and Accountability Commission before it is approved pursuant to chapter 233B of NRS by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067. After conducting its review of the regulation, the Mining Oversight and Accountability Commission shall provide a report of its findings and recommendations regarding the regulation to the Legislative Counsel for submission to the Legislative Commission or the Subcommittee to Review Regulations, as appropriate.
2. If the Mining Oversight and Accountability Commission fails to review a permanent regulation described in subsection 1 within 90 days after the date on which the regulation was adopted, the regulation may be approved without such a review pursuant to chapter 233B of NRS by the Legislative Commission or the Subcommittee to Review Regulations appointed pursuant to subsection 6 of NRS 233B.067 and becomes effective in accordance with the provisions of NRS 233B.070.
κ2025 Statutes of Nevada, Page 2946 (CHAPTER 455, SB 226)κ
Sec. 41. The provisions 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. 42. 1. If the provisions of any other statute or any other act or resolution passed by the Legislature conflict with the provisions of this act because they assign a power, duty or legislative study or investigation to a legislative committee, subcommittee or other body abolished by the provisions of this act or because they require the submission of a report, document or other information to a legislative committee, subcommittee or other body abolished by the provisions of this act:
(a) The conflicting provisions of the other statute, act or resolution are superseded and abrogated by the provisions of this act; and
(b) The power, duty or legislative study or investigation shall be deemed assigned to, or the report, document or other information shall be deemed required to be submitted to, the appropriate Joint Interim Standing Committee created by NRS 218E.320 which has jurisdiction over the subject matter, except that if the subject matter falls within the jurisdiction of more than one Joint Interim Standing Committee, the Legislative Commission shall decide and resolve the matter in a manner that is consistent with the intent of the Legislature as determined by the Legislative Commission.
2. The Legislative Counsel shall, in preparing the reprint and supplements to the Nevada Revised Statutes and supplements to the Nevada Administrative Code:
(a) Make any revisions that are necessary to carry out the provisions of this section; and
(b) Change any references to a legislative committee, subcommittee or other body which has been abolished by the provisions of this act, or whose name has been changed or whose responsibilities have been transferred by the provisions of this act, so that such references refer to the appropriate legislative committee, subcommittee or other body.
3. As used in this section, legislative study or investigation includes, without limitation:
(a) Any interim legislative study or investigation; or
(b) Any legislative study or investigation assigned to a statutory legislative committee, subcommittee or other body.
Sec. 43. NRS 218E.560, 218E.755, 232B.250 and 439B.225 are hereby repealed.
Sec. 44. 1. This section and sections 1 to 21, inclusive, and 23 to 43, inclusive, of this act become effective upon passage and approval.
2. Section 22 of this act becomes effective on the date that the Director of the Department of Public Safety determines that there is sufficient funding to carry out the provisions of NRS 193.309.
________
κ2025 Statutes of Nevada, Page 2947κ
Senate Bill No. 376Senators Daly and Steinbeck
CHAPTER 456
[Approved: June 10, 2025]
AN ACT relating to industrial insurance; authorizing an injured employee with a claim for an occupational lung disease or occupational heart disease to seek treatment or services from a physician or chiropractic physician which is not on the panel of physicians and chiropractic physicians maintained by the Administrator of the Division of Industrial Relations of the Department of Business and Industry under certain circumstances; setting forth certain requirements for the reimbursement of the costs for such treatment or services; providing for a penalty for failure to comply with those requirements; authorizing certain notices and other documents required in certain hearings or appeals relating to industrial insurance to be provided by means of an electronic filing system; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law establishes the Nevada Industrial Insurance Act and the Nevada Occupational Diseases Act, which provide for the payment of compensation to employees who are injured or disabled as a result of an occupational injury or occupational disease. (Chapters 616A-616D and 617 of NRS) Existing law provides for the payment of compensation for claims for the occupational diseases of lung disease and heart disease for certain firefighters, arson investigators and police officers. (NRS 617.455, 617.457)
Existing law requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to maintain a panel of physicians and chiropractic physicians to treat the injured employees of certain employers under the Nevada Industrial Insurance Act and the Nevada Occupational Diseases Act. (NRS 616C.087, 616C.090) Existing law authorizes an injured employee to choose a treating physician or chiropractic physician from the panel unless the insurer of the injured employees employer has entered into certain contracts with an organization for managed care or with providers of health care, in which case the injured employee is required to choose a physician or chiropractic physician in accordance with the provisions of the contract. (NRS 616C.090)
Sections 1, 2 and 4 of this bill provide an exception from those requirements to authorize certain injured employees who have filed a claim for the occupational diseases of lung disease or heart disease to seek treatment or other services from a physician or chiropractic physician of his or her own choice, who meets certain other requirements, if the panel of treating physicians or chiropractic physicians maintained by the Administrator contains fewer than 12 physicians or chiropractic physicians in a discipline or specialization appropriate for the treatment of or the provision of other services related to the occupational disease of the injured employee who are accepting new patients and available to make an appointment within 30 days.
Sections 2, 4.1 and 4.3 of this bill also provide that the injured employee or certain other persons who pay for the treatment or services may seek full reimbursement for the costs of the treatment or services from the employer of the injured employee or certain other persons who are obligated to provide applicable coverage or benefits to the injured employee by providing a request for reimbursement, which includes certain specified contents. Section 2 requires a person from whom reimbursement is sought to fully reimburse the requester not later than 30 days after receiving notice of the request for reimbursement. Under section 2, if the person fails to fully reimburse the requester within that time, the Administrator is required to order the person to pay to the requester an amount that is equal to two times the amount of the reimbursement which remains unpaid on the date on which the Administrator issues the order.
κ2025 Statutes of Nevada, Page 2948 (CHAPTER 456, SB 376)κ
Sections 3 and 5 of this bill revise provisions of existing law relating to the selection of a treating physician or chiropractic physician to reflect the selection of a physician or chiropractic physician pursuant to section 2.
Existing law authorizes an aggrieved party in a contested case relating to industrial insurance to: (1) request a hearing before a hearing officer; and (2) appeal from a decision of a hearing officer or from a determination made by certain parties. (NRS 616C.315, 616C.330, 616C.345, 616C.355) Sections 4.5, 4.7 and 4.9 of this bill authorize certain notices and other documents required in such hearings and appeals to be provided by means of an electronic filing system that complies with the Nevada Electronic Filing and Conversion Rules adopted by the Nevada Supreme Court.
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 616B.527 is hereby amended to read as follows:
616B.527 1. A self-insured employer, an association of self-insured public or private employers or a private carrier may:
(a) Except as otherwise provided in NRS 616B.5273, enter into a contract or contracts with one or more organizations for managed care to provide comprehensive medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
(b) Enter into a contract or contracts with providers of health care, including, without limitation, physicians who provide primary care, specialists, pharmacies, physical therapists, radiologists, nurses, diagnostic facilities, laboratories, hospitals and facilities that provide treatment to outpatients, to provide medical and health care services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS.
(c) Require employees to obtain medical and health care services for their industrial injuries from those organizations and persons with whom the self-insured employer, association or private carrier has contracted pursuant to paragraphs (a) and (b), or as the self-insured employer, association or private carrier otherwise prescribes.
(d) Except as otherwise provided in subsection 4 of NRS 616C.090 [,] and section 2 of this act, require employees to obtain the approval of the self-insured employer, association or private carrier before obtaining medical and health care services for their industrial injuries from a provider of health care who has not been previously approved by the self-insured employer, association or private carrier.
2. An organization for managed care with whom a self-insured employer, association of self-insured public or private employers or a private carrier has contracted pursuant to this section shall comply with the provisions of NRS 616B.528, 616B.5285 and 616B.529.
Sec. 2. Chapter 616C of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an injured employee has filed a claim pursuant to NRS 617.455 or 617.457 and, at the time the claim is filed, the panel of physicians or chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 12 physicians or chiropractic physicians in a discipline or specialization appropriate for the treatment of or the provision of other services relating to the occupational disease of the injured employee who are accepting new patients and are available to meet with the injured employee within 30 days after the date on which the injured employee first contacts the physician or chiropractic physician to request an appointment, the injured employee may seek treatment or other services related to the occupational disease of the injured employee from a physician or chiropractic physician of his or her choice selected in accordance with subsection 2.
κ2025 Statutes of Nevada, Page 2949 (CHAPTER 456, SB 376)κ
discipline or specialization appropriate for the treatment of or the provision of other services relating to the occupational disease of the injured employee who are accepting new patients and are available to meet with the injured employee within 30 days after the date on which the injured employee first contacts the physician or chiropractic physician to request an appointment, the injured employee may seek treatment or other services related to the occupational disease of the injured employee from a physician or chiropractic physician of his or her choice selected in accordance with subsection 2.
2. An injured employee may select a physician or chiropractic physician of his or her choice pursuant to subsection 1 from a list of all physicians or chiropractic physicians in the relevant discipline or specialization who have entered into a contract with an organization for managed care, under a health benefit plan or otherwise with a health insurer or casualty insurer of the employer of the injured employee, whether or not the physician or chiropractic physician has specifically contracted to provide treatment or other services to employees for injuries and diseases that are compensable pursuant to chapters 616A to 617, inclusive, of NRS, or been previously approved pursuant to NRS 616B.527.
3. If an injured employee seeks treatment or services pursuant to subsection 1, the treatment or services may be paid for by the injured employee or a health insurer or casualty insurer on behalf of the injured employee.
4. Full reimbursement of the amount paid by:
(a) The injured employee who paid for his or her own treatment or services; or
(b) A health insurer or casualty insurer who paid for treatment or services on behalf of the injured employee,
Κ pursuant to subsection 3 may be sought by the injured employee, health insurer or casualty insurer, as applicable, from the employer of the injured employee or an insurer, organization for managed care or third-party administrator, as applicable, who is obligated to provide applicable coverage or benefits to the injured employee.
5. To seek reimbursement as described in subsection 4, the injured employee, health insurer or casualty insurer must submit a request for reimbursement to the employer of the injured employee or the employers insurer, organization for managed care or third-party administrator, as applicable. The request for reimbursement must include, without limitation:
(a) The identity of the injured employee for whom the costs of treatment and services was paid.
(b) A description of the treatment and services provided to the injured employee.
(c) The identity of the person who paid for the treatment and services for the injured employee.
(d) The costs of treatment and services for which reimbursement is being requested.
6. Not later than 30 days after receipt of a request for reimbursement submitted pursuant to subsection 5, the employer of the injured employee or the employers insurer, organization for managed care or third-party administrator, as applicable, from whom reimbursement is sought shall fully reimburse the injured employee, health insurer or casualty insurer, as applicable, who paid for treatment and services on behalf of the injured employee for the amount paid for the treatment or services as set forth in the request for reimbursement.
κ2025 Statutes of Nevada, Page 2950 (CHAPTER 456, SB 376)κ
applicable, who paid for treatment and services on behalf of the injured employee for the amount paid for the treatment or services as set forth in the request for reimbursement.
7. If the Administrator determines that an insurer, organization for managed care or third-party administrator has failed to fully reimburse an injured employee, health insurer or casualty insurer, as applicable, within the time required by subsection 6, the Administrator shall order the insurer, organization for managed care or third-party administrator to pay to the injured employee, health insurer or casualty insurer, as applicable, an amount equal to two times the amount of reimbursement that remains unpaid on the date on which the Administrator issues the order.
8. Any amount ordered by the Administrator to be paid pursuant to subsection 7 is in addition to any amounts for:
(a) Benefits to which the injured employee is entitled under the claim for the occupational disease set forth in NRS 617.455 or 617.457, as applicable; and
(b) Any fines and penalties imposed by the Administrator pursuant to NRS 616D.120.
9. As used in this section:
(a) Casualty insurer means an insurer or other organization providing coverage or benefits under a policy or contract of casualty insurance in the manner described in subsection 2 of NRS 681A.020.
(b) Health benefit plan means any type of policy, contract, agreement or plan providing health coverage or benefits in accordance with state or federal law.
(c) Health insurer means an insurer or other organization providing health coverage or benefits in accordance with state or federal law.
Sec. 3. NRS 616C.050 is hereby amended to read as follows:
616C.050 1. An insurer shall provide to each claimant:
(a) Upon written request, one copy of any medical information concerning the claimants injury or illness.
(b) A statement which contains information concerning the claimants right to:
(1) Receive the information and forms necessary to file a claim;
(2) Select a treating physician or chiropractic physician and an alternative treating physician or chiropractic physician in accordance with the provisions of NRS 616C.090 [;] and section 2 of this act;
(3) Request the appointment of the Nevada Attorney for Injured Workers to represent the claimant before the appeals officer;
(4) File a complaint with the Administrator;
(5) When applicable, receive compensation for:
(I) Permanent total disability;
(II) Temporary total disability;
(III) Permanent partial disability;
(IV) Temporary partial disability;
(V) All medical costs related to the claimants injury or disease; or
(VI) The hours the claimant is absent from the place of employment to receive medical treatment pursuant to NRS 616C.477;
(6) Receive services for rehabilitation if the claimants injury prevents him or her from returning to gainful employment;
κ2025 Statutes of Nevada, Page 2951 (CHAPTER 456, SB 376)κ
(7) Review by a hearing officer of any determination or rejection of a claim by the insurer within the time specified by statute; and
(8) Judicial review of any final decision within the time specified by statute.
2. The insurers statement must include a copy of the form designed by the Administrator pursuant to subsection 12 of NRS 616C.090 that notifies injured employees of their right to select an alternative treating physician or chiropractic physician. The Administrator shall adopt regulations for the manner of compliance by an insurer with the other provisions of subsection 1.
Sec. 4. NRS 616C.090 is hereby amended to read as follows:
616C.090 1. The Administrator shall establish, maintain and update not less frequently than annually on or before July 1 of each year, a panel of physicians and chiropractic physicians who have demonstrated special competence and interest in industrial health to treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS. The Administrator shall maintain the following information relating to each physician and chiropractic physician on the panel:
(a) The name of the physician or chiropractic physician.
(b) The title or degree of the physician or chiropractic physician.
(c) The legal name of the practice of the physician or chiropractic physician and the name under which the practice does business.
(d) The street address of the location of every office of the physician or chiropractic physician.
(e) The telephone number of every office of the physician or chiropractic physician.
(f) Every discipline and specialization practiced by the physician or chiropractic physician.
(g) Every condition and part of the body which the physician or chiropractic physician will treat.
2. Every employer whose insurer has not entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527 shall maintain a list of those physicians and chiropractic physicians on the panel who are reasonably accessible to his or her employees.
3. [An] Except as otherwise provided in section 2 of this act, an injured employee whose employers insurer has not entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527 may choose a treating physician or chiropractic physician from the panel of physicians and chiropractic physicians. If the injured employee is not satisfied with the first physician or chiropractic physician he or she so chooses, the injured employee may make an alternative choice of physician or chiropractic physician from the panel if the choice is made within 90 days after his or her injury. The insurer shall notify the first physician or chiropractic physician in writing. The notice must be postmarked within 3 working days after the insurer receives knowledge of the change. The first physician or chiropractic physician must be reimbursed only for the services the physician or chiropractic physician, as applicable, rendered to the injured employee up to and including the date of notification. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractic physician must be granted or denied within 10 days after a written request for such a change is received from the injured employee.
κ2025 Statutes of Nevada, Page 2952 (CHAPTER 456, SB 376)κ
granted or denied within 10 days after a written request for such a change is received from the injured employee. If the insurer takes no action on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractic physician must include the name of the new physician or chiropractic physician chosen by the injured employee. If the treating physician or chiropractic physician refers the injured employee to a specialist for treatment, the insurer shall provide to the injured employee a list that includes the name of each physician or chiropractic physician with that specialization who is on the panel. Not later than 14 days after receiving the list, the injured employee shall select a physician or chiropractic physician from the list.
4. [An] Except as otherwise provided in section 2 of this act, an injured employee whose employers insurer has entered into a contract with an organization for managed care or with providers of health care pursuant to NRS 616B.527 must choose a treating physician or chiropractic physician pursuant to the terms of that contract. If the injured employee is not satisfied with the first physician or chiropractic physician he or she so chooses, the injured employee may make an alternative choice of physician or chiropractic physician pursuant to the terms of the contract without the approval of the insurer if the choice is made within 90 days after his or her injury. Except as otherwise provided in this subsection, any further change is subject to the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractic physician must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If the insurer takes no action on the request within 10 days, the request shall be deemed granted. If the injured employee, after choosing a treating physician or chiropractic physician, moves to a county which is not served by the organization for managed care or providers of health care named in the contract and the insurer determines that it is impractical for the injured employee to continue treatment with the physician or chiropractic physician, the injured employee must choose a treating physician or chiropractic physician who has agreed to the terms of that contract unless the insurer authorizes the injured employee to choose another physician or chiropractic physician. If the treating physician or chiropractic physician refers the injured employee to a specialist for treatment, the insurer shall provide to the injured employee a list that includes the name of each physician or chiropractic physician with that specialization who is available pursuant to the terms of the contract with the organization for managed care or with providers of health care pursuant to NRS 616B.527, as appropriate. Not later than 14 days after receiving the list, the injured employee shall select a physician or chiropractic physician from the list. If the employee fails to select a physician or chiropractic physician, the insurer may select a physician or chiropractic physician with that specialization. If a physician or chiropractic physician with that specialization is not available pursuant to the terms of the contract, the organization for managed care or the provider of health care may select a physician or chiropractic physician with that specialization.
5. If the injured employee is not satisfied with the physician or chiropractic physician selected by himself or herself or by the insurer, the organization for managed care or the provider of health care pursuant to subsection 4, the injured employee may make an alternative choice of physician or chiropractic physician pursuant to the terms of the contract. A change in the treating physician or chiropractic physician may be made at any time but is subject to the approval of the insurer or by order of a hearing officer or appeals officer.
κ2025 Statutes of Nevada, Page 2953 (CHAPTER 456, SB 376)κ
change in the treating physician or chiropractic physician may be made at any time but is subject to the approval of the insurer or by order of a hearing officer or appeals officer. A request for a change of physician or chiropractic physician must be granted or denied within 10 days after a written request for such a change is received from the injured employee. If no action is taken on the request within 10 days, the request shall be deemed granted. Any request for a change of physician or chiropractic physician must include the name of the new physician or chiropractic physician chosen by the injured employee. If the insurer denies a request for a change in the treating physician or chiropractic physician under this subsection, the insurer must include in a written notice of denial to the injured employee the specific reason for the denial of the request.
6. Except when emergency medical care is required and except as otherwise provided in NRS 616C.055, the insurer is not responsible for any charges for medical treatment or other accident benefits furnished or ordered by any physician, chiropractic physician or other person selected by the injured employee in disregard of the provisions of this section or for any compensation for any aggravation of the injured employees injury attributable to improper treatments by such physician, chiropractic physician or other person.
7. The Administrator may order necessary changes in a panel of physicians and chiropractic physicians and shall:
(a) Suspend or remove any physician or chiropractic physician from a panel for good cause shown in accordance with NRS 616C.087; and
(b) Remove from being included on a panel as a practitioner of a discipline or specialization any physician or chiropractic physician who does not accept and treat injured employees for industrial injuries or occupational diseases in that discipline or specialization.
8. Any interested person may notify the Administrator, on a form prescribed by the Administrator, if the person believes that a physician or chiropractic physician does not accept and treat injured employees:
(a) Under chapters 616A to 616D, inclusive, or chapter 617 of NRS for industrial injuries or occupational diseases; or
(b) For industrial injuries or occupational diseases in a discipline or specialization for which the physician or chiropractic physician is included on a panel of physicians and chiropractic physicians maintained by the Administrator pursuant to this section.
9. If the Administrator receives notice pursuant to subsection 8, the Administrator shall:
(a) Conduct an investigation to determine whether the physician or chiropractic physician may remain on the panel for a discipline or specialization; and
(b) Publish or cause to be published on the Internet website of the Division not later than 90 days after receiving the notice the results of the investigation.
10. A physician or chiropractic physician who is removed from a panel as a practitioner of a discipline or specialization pursuant to paragraph (b) of subsection 7 may request, on a form prescribed by the Administrator, to be reinstated on a panel for that discipline or specialization if the physician or chiropractic physician demonstrates to the satisfaction of the Administrator that he or she accepts and treats injured employees for that discipline or specialization.
κ2025 Statutes of Nevada, Page 2954 (CHAPTER 456, SB 376)κ
11. An injured employee may receive treatment by more than one physician or chiropractic physician:
(a) If the insurer provides written authorization for such treatment; or
(b) By order of a hearing officer or appeals officer.
12. The Administrator shall design a form that notifies injured employees of their right pursuant to subsections 3, 4 and 5 to select an alternative treating physician or chiropractic physician and make the form available to insurers for distribution pursuant to subsection 2 of NRS 616C.050.
Sec. 4.1. NRS 616C.135 is hereby amended to read as follows:
616C.135 1. [A] Except as otherwise provided in section 2 of this act, a provider of health care who accepts a patient as a referral for the treatment of an industrial injury or an occupational disease may not charge the patient for any treatment related to the industrial injury or occupational disease, but must charge the insurer. The provider of health care may charge the patient for any services that are not related to the employees industrial injury or occupational disease.
2. The insurer is liable for the charges for approved services related to the industrial injury or occupational disease if the charges do not exceed:
(a) [The] Except as otherwise provided in section 2 of this act, the fees established in accordance with NRS 616C.260 or the usual fee charged by that person or institution, whichever is less; and
(b) The charges provided for by the contract between the provider of health care and the insurer or the contract between the provider of health care and the organization for managed care.
3. A provider of health care may accept payment from an injured employee or from a health or casualty insurer paying on behalf of the injured employee pursuant to NRS 616C.138 for treatment or other services that the injured employee alleges are related to the industrial injury or occupational disease.
4. If a provider of health care, an organization for managed care, an insurer or an employer violates the provisions of this section, the Administrator shall impose an administrative fine of not more than $250 for each violation.
Sec. 4.3. NRS 616C.138 is hereby amended to read as follows:
616C.138 1. Except as otherwise provided in this section [,] and section 2 of this act, if a provider of health care provides treatment or other services that an injured employee alleges are related to an industrial injury or occupational disease and an insurer, an organization for managed care, a third-party administrator or an employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies authorization or responsibility for payment for the treatment or other services, the provider of health care is entitled to be paid for the treatment or other services as follows:
(a) If the treatment or other services will be paid by a health insurer which has a contract with the provider of health care under a health benefit plan that covers the injured employee, the provider of health care is entitled to be paid the amount that is allowed for the treatment or other services under that contract.
κ2025 Statutes of Nevada, Page 2955 (CHAPTER 456, SB 376)κ
(b) If the treatment or other services will be paid by a health insurer which does not have a contract with the provider of health care as set forth in paragraph (a) or by a casualty insurer or the injured employee, the provider of health care is entitled to be paid not more than:
(1) The amount which is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260; or
(2) If the insurer which denied authorization or responsibility for the payment has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract.
2. The provisions of subsection 1:
(a) Apply only to treatment or other services provided by the provider of health care before the date on which the insurer, organization for managed care, third-party administrator or employer who provides accident benefits first denies authorization or responsibility for payments for the alleged industrial injury or occupational disease.
(b) Do not apply to a provider of health care that is a hospital as defined in NRS 439B.110. The provisions of this paragraph do not exempt the provider of health care from complying with the provisions of subsections 3 and 7.
3. If:
(a) The injured employee pays for the treatment or other services or a health or casualty insurer pays for the treatment or other services on behalf of the injured employee;
(b) The injured employee requests a hearing before a hearing officer or appeals officer regarding the denial of coverage; and
(c) The hearing officer or appeals officer ultimately determines that the treatment or other services should have been covered, or the insurer, organization for managed care, third-party administrator or employer who provides accident benefits subsequently accepts responsibility for payment,
Κ the hearing officer or appeals officer shall order the insurer, organization for managed care, third-party administrator or employer who provides accident benefits to pay to the injured employee or the health or casualty insurer the amount which the injured employee or the health or casualty insurer paid that is allowed for the treatment or other services set forth in the schedule of fees and charges established pursuant to NRS 616C.260 or, if the insurer has contracted with an organization for managed care or with providers of health care pursuant to NRS 616B.527, the amount that is allowed for the treatment or other services under that contract.
4. If:
(a) A hearing officer, appeals officer or district court issues an order or otherwise renders a decision requiring an insurer, organization for managed care, third-party administrator or employer to pay for treatment or other services provided to an injured employee;
(b) The insurer, organization for managed care, third-party administrator or employer appeals the order or decision, but is unable to obtain a stay of the order or decision;
(c) Payment for the treatment or other services provided to the injured employee is made by the insurer, organization for managed care, third-party administrator or employer during the period between the date of the issuance of the order or decision and the date of the final resolution of the appeal; and
κ2025 Statutes of Nevada, Page 2956 (CHAPTER 456, SB 376)κ
(d) The appeal is subsequently resolved in favor of the insurer, organization for managed care, third-party administrator or employer,
Κ the insurer, organization for managed care, third-party administrator or employer may recover from any health or casualty insurer of the injured employee an amount calculated pursuant to subsection 5. Any recovery from a health or casualty insurer pursuant to this subsection is subject to the exclusions and limitations of the policy of health or casualty insurance covering the injured employee that relate to the diseases set forth in NRS 617.453, 617.455 and 617.457.
5. An insurer, organization for managed care, third-party administrator or employer entitled to recover for an amount paid during the pendency of an appeal pursuant to subsection 4, may recover from a health or casualty insurer of the injured employee the lesser of:
(a) The amount actually paid by the insurer, organization for managed care, third-party administrator or employer during the period between the issuance of the order and the final resolution of the appeal;
(b) The amount established for the treatment or services provided to the injured employee pursuant to NRS 616C.260 or the usual fee charged by the provider of health care, whichever is less;
(c) The amount provided for the treatment or services provided to the injured employee on an in-network basis if there is a contract between the provider of health care and the health or casualty insurer of the injured employee and the treatment or services are covered under the terms of the policy of health or casualty insurance covering the employee; or
(d) The amount provided for the treatment or services provided to the injured employee on an out-of-network basis pursuant to the terms of the policy of health or casualty insurance covering the injured employee if there is not a contract between the provider of health care and the health or casualty insurer of the injured employee.
6. If an insurer, organization for managed care, third-party administrator or employer is entitled to recover for an amount paid during the pendency of an appeal pursuant to subsection 4, upon a final resolution of the appeal in favor of the insurer, organization for managed care, third-party administrator or employer, the hearing officer, appeals officer or district court shall order the injured employee to provide to the insurer, organization for managed care, third-party administrator or employer:
(a) Any documentation in the possession of the injured employee related to any policy of health or casualty insurance which may have provided coverage to the injured employee for treatment or other services provided to the injured employee; and
(b) The identity and contact information of the insurer providing such health or casualty insurance.
7. If the injured employee or the health or casualty insurer paid the provider of health care any amount in excess of the amount that the provider would have been entitled to be paid pursuant to this section, the injured employee or the health or casualty insurer is entitled to recover the excess amount from the provider. Within 30 days after receiving notice of such an excess amount, the provider of health care shall reimburse the injured employee or the health or casualty insurer for the excess amount.
κ2025 Statutes of Nevada, Page 2957 (CHAPTER 456, SB 376)κ
8. As used in this section:
(a) Casualty insurer means any insurer or other organization providing coverage or benefits under a policy or contract of casualty insurance in the manner described in subsection 2 of NRS 681A.020.
(b) Health benefit plan means any type of policy, contract, agreement or plan providing health coverage or benefits in accordance with state or federal law.
(c) Health insurer means any insurer or other organization providing health coverage or benefits in accordance with state or federal law.
Sec. 4.5. NRS 616C.330 is hereby amended to read as follows:
616C.330 1. The hearing officer shall:
(a) Except as otherwise provided in subsection 2 of NRS 616C.315, within 5 days after receiving a request for a hearing, set the hearing for a date and time within 30 days after his or her receipt of the request at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the hearing officer;
(b) Give notice by mail , [or] by personal service or by means of an electronic filing system that complies with the Nevada Electronic Filing and Conversion Rules adopted by the Nevada Supreme Court to all interested parties to the hearing at least 15 days before the date and time scheduled; and
(c) Conduct hearings expeditiously and informally.
2. The notice must include a statement that the injured employee may be represented by a private attorney or seek assistance and advice from the Nevada Attorney for Injured Workers.
3. If necessary to resolve a medical question concerning an injured employees condition or to determine the necessity of treatment for which authorization for payment has been denied, the hearing officer may order an independent medical examination, which must not involve treatment, and refer the employee to a physician or chiropractic physician of his or her choice who has demonstrated special competence to treat the particular medical condition of the employee, whether or not the physician or chiropractic physician is on the insurers panel of providers of health care. If the medical question concerns the rating of a permanent disability, the hearing officer may refer the employee to a rating physician or chiropractic physician. The rating physician or chiropractic physician must be selected at random from the list of qualified physicians and chiropractic physicians maintained by the Administrator pursuant to subsection 2 of NRS 616C.490, unless the insurer and injured employee otherwise agree to a rating physician or chiropractic physician. The insurer shall pay the costs of any medical examination requested by the hearing officer.
4. The hearing officer may consider the opinion of an examining physician, chiropractic physician, physician assistant or advanced practice registered nurse, in addition to the opinion of an authorized treating physician, chiropractic physician, physician assistant or advanced practice registered nurse, in determining the compensation payable to the injured employee.
5. If an injured employee has requested payment for the cost of obtaining a second determination of his or her percentage of disability pursuant to NRS 616C.100, the hearing officer shall decide whether the determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractic physician for such service, whichever is less.
κ2025 Statutes of Nevada, Page 2958 (CHAPTER 456, SB 376)κ
determination of the higher percentage of disability made pursuant to NRS 616C.100 is appropriate and, if so, may order the insurer to pay to the employee an amount equal to the maximum allowable fee established by the Administrator pursuant to NRS 616C.260 for the type of service performed, or the usual fee of that physician or chiropractic physician for such service, whichever is less.
6. The hearing officer shall order an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 to pay to the appropriate person the charges of a provider of health care if the conditions of NRS 616C.138 are satisfied.
7. The hearing officer may allow or forbid the presence of a court reporter and the use of a tape recorder in a hearing.
8. The hearing officer shall render his or her decision within 15 days after:
(a) The hearing; or
(b) The hearing officer receives a copy of the report from the medical examination the hearing officer requested.
9. The hearing officer shall render a decision in the most efficient format developed by the Chief of the Hearings Division of the Department of Administration.
10. The hearing officer shall give notice of the decision to each party by mail [.] or by means of an electronic filing system that complies with the Nevada Electronic Filing and Conversion Rules adopted by the Nevada Supreme Court. The hearing officer shall include with the notice of the decision the necessary forms for appealing from the decision.
11. Except as otherwise provided in NRS 616C.380, the decision of the hearing officer is not stayed if an appeal from that decision is taken unless an application for a stay is submitted by a party. If such an application is submitted, the decision is automatically stayed until a determination is made on the application. A determination on the application must be made within 30 days after the filing of the application. If, after reviewing the application, a stay is not granted by the hearing officer or an appeals officer, the decision must be complied with within 10 days after the refusal to grant a stay.
12. References to a physician assistant and an advanced practice registered nurse in this section are for the purposes of the examination and treatment of an injured employee which are authorized to be provided by a physician assistant or advanced practice registered nurse in the exclusive context of an initial examination and treatment pursuant to NRS 616C.010.
Sec. 4.7. NRS 616C.345 is hereby amended to read as follows:
616C.345 1. Any party aggrieved by a decision of the hearing officer relating to a claim for compensation may appeal from the decision by, except as otherwise provided in subsections 9, 10 and 11, filing a notice of appeal with an appeals officer within 30 days after the date of the decision.
2. A claimant aggrieved by a written determination of the denial of a claim, in whole or in part, by an insurer, or the failure of an insurer to respond in writing within 30 days to a written request of the claimant mailed to the insurer, concerning a claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 may file a notice of a contested claim with an appeals officer. The notice must include the information required pursuant to subsection 3 and, except as otherwise provided in subsections 9 to 12, inclusive, must be filed within 70 days after the date on which the notice of the insurers determination was mailed or, if requested by the claimant or the person acting on behalf of the claimant, sent by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable by the insurer or the unanswered written request was mailed to the insurer, as applicable.
κ2025 Statutes of Nevada, Page 2959 (CHAPTER 456, SB 376)κ
requested by the claimant or the person acting on behalf of the claimant, sent by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable by the insurer or the unanswered written request was mailed to the insurer, as applicable. The failure of an insurer to respond in writing to a written request for a determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request. The insurer shall provide, without cost, the forms necessary to file a notice of a contested claim to any person who requests them.
3. A hearing must not be scheduled until the following information is provided to the appeals officer:
(a) The name of:
(1) The claimant;
(2) The employer; and
(3) The insurer or third-party administrator;
(b) The number of the claim; and
(c) If applicable, a copy of the letter of determination being appealed or, if such a copy is unavailable, the date of the determination and the issues stated in the determination.
4. If a dispute is required to be submitted to a procedure for resolving complaints pursuant to NRS 616C.305 and:
(a) A final determination was rendered pursuant to that procedure; or
(b) The dispute was not resolved pursuant to that procedure within 14 days after it was submitted,
Κ any party to the dispute may, except as otherwise provided in subsections 9 to 12, inclusive, file a notice of appeal within 70 days after the date on which the final determination was mailed to the employee, or the dependent of the employee, or the unanswered request for resolution was submitted. Failure to render a written determination within 30 days after receipt of such a request shall be deemed by the appeals officer to be a denial of the request.
5. Except as otherwise provided in NRS 616C.380, the filing of a notice of appeal does not automatically stay the enforcement of the decision of a hearing officer or a determination rendered pursuant to NRS 616C.305. The appeals officer may order a stay, when appropriate, upon the application of a party. If such an application is submitted, the decision is automatically stayed until a determination is made concerning the application. A determination on the application must be made within 30 days after the filing of the application. If a stay is not granted by the officer after reviewing the application, the decision must be complied with within 10 days after the date of the refusal to grant a stay.
6. Except as otherwise provided in subsections 3 and 7, within 10 days after receiving a notice of appeal pursuant to this section or NRS 616C.220, 616D.140 or 617.401, or within 10 days after receiving a notice of a contested claim pursuant to subsection 7 of NRS 616C.315, the appeals officer shall:
(a) Schedule a hearing on the merits of the appeal or contested claim for a date and time within 90 days after receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and
κ2025 Statutes of Nevada, Page 2960 (CHAPTER 456, SB 376)κ
(b) Give notice by mail , [or] by personal service or by means of an electronic filing system that complies with the Nevada Electronic Filing and Conversion Rules adopted by the Nevada Supreme Court to all parties to the matter and their attorneys or agents at least 30 days before the date and time scheduled.
7. Except as otherwise provided in subsection 13, a request to schedule the hearing for a date and time which is:
(a) Within 60 days after the receipt of the notice of appeal or contested claim; or
(b) More than 90 days after the receipt of the notice or claim,
Κ may be submitted to the appeals officer only if all parties to the appeal or contested claim agree to the request.
8. An appeal or contested claim may be continued upon written stipulation of all parties, or upon good cause shown.
9. The period specified in subsection 1, 2 or 4 within which a notice of appeal or a notice of a contested claim must be filed may be extended for an additional 90 days if the person aggrieved shows by a preponderance of the evidence that the person was diagnosed with a terminal illness or was informed of the death or diagnosis of a terminal illness of the persons spouse, parent or child.
10. The period specified in subsection 2 within which a notice of appeal or a notice of a contested claim must be filed may be tolled if the insurer fails to mail or, if requested by the claimant or the person acting on behalf of the claimant, send a determination by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable.
11. Failure to file a notice of appeal within the period specified in subsection 1 or 4 may be excused if the party aggrieved shows by a preponderance of the evidence that he or she did not receive the notice of the determination and the forms necessary to appeal the determination. The claimant, employer or insurer shall notify the hearing officer of a change of address.
12. Failure to file a notice of a contested claim within the period specified in subsection 2 may be excused if the claimant shows by a preponderance of the evidence that he or she did not receive the notice of the determination and the forms necessary to file the notice. The claimant or employer shall notify the insurer of a change of address.
13. Within 10 days after receiving a notice of a contested claim pursuant to subsection 2, the appeals officer shall:
(a) Schedule a hearing on the merits of the contested claim for a date and time within 60 days after his or her receipt of the notice at a place in Carson City, Nevada, or Las Vegas, Nevada, or upon agreement of one or more of the parties to pay all additional costs directly related to an alternative location, at any other place of convenience to the parties, at the discretion of the appeals officer; and
(b) Give notice by mail , [or] by personal service or by means of an electronic filing system that complies with the Nevada Electronic Filing and Conversion Rules adopted by the Nevada Supreme Court to all parties to the matter and their attorneys or agents within 10 days after scheduling the hearing.
Κ The scheduled date must allow sufficient time for full disclosure, exchange and examination of medical and other relevant information. A party may not introduce information at the hearing which was not previously disclosed to the other parties unless all parties agree to the introduction.
κ2025 Statutes of Nevada, Page 2961 (CHAPTER 456, SB 376)κ
party may not introduce information at the hearing which was not previously disclosed to the other parties unless all parties agree to the introduction.
Sec. 4.9. NRS 616C.355 is hereby amended to read as follows:
616C.355 At any time 10 or more days before a scheduled hearing before an appeals officer, the Administrator or the Administrators designee, a party shall mail , [or] deliver by personal service or deliver by means of an electronic filing system that complies with the Nevada Electronic Filing and Conversion Rules adopted by the Nevada Supreme Court, to the opposing party any affidavit or declaration which the party proposes to introduce into evidence and notice to the effect that unless the opposing party, within 7 days after the mailing or delivery of such affidavit or declaration, mails or delivers to the proponent a request to cross-examine the affiant or declarant, the opposing partys right to cross-examine the affiant or declarant is waived and the affidavit or declaration, if introduced into evidence, will have the same effect as if the affiant or declarant had given sworn testimony before the appeals officer, the Administrator or the Administrators designee.
Sec. 5. NRS 616C.475 is hereby amended to read as follows:
616C.475 1. Except as otherwise provided in this section, NRS 616C.175 and 616C.390, every employee in the employ of an employer, within the provisions of chapters 616A to 616D, inclusive, of NRS, who is injured by accident arising out of and in the course of employment, or his or her dependents, is entitled to receive for the period of temporary total disability, 66 2/3 percent of the average monthly wage.
2. Except as otherwise provided in NRS 616B.028 and 616B.029, an injured employee or his or her dependents are not entitled to accrue or be paid any benefits for a temporary total disability during the time the injured employee is incarcerated. The injured employee or his or her dependents are entitled to receive such benefits when the injured employee is released from incarceration if the injured employee is certified as temporarily totally disabled by a physician or chiropractic physician.
3. If a claim for the period of temporary total disability is allowed, the first payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the initial certification of disability and regularly thereafter.
4. Any increase in compensation and benefits effected by the amendment of subsection 1 is not retroactive.
5. Payments for a temporary total disability must cease when:
(a) A physician or chiropractic physician determines that the employee is physically capable of any gainful employment for which the employee is suited, after giving consideration to the employees education, training and experience;
(b) The employer offers the employee light-duty employment or employment that is modified according to the limitations or restrictions imposed by a physician or chiropractic physician pursuant to subsection 7; or
(c) Except as otherwise provided in NRS 616B.028 and 616B.029, the employee is incarcerated.
6. Each insurer may, with each check that it issues to an injured employee for a temporary total disability, include a form approved by the Division for the injured employee to request continued compensation for the temporary total disability.
κ2025 Statutes of Nevada, Page 2962 (CHAPTER 456, SB 376)κ
7. A certification of disability issued by a physician or chiropractic physician must:
(a) Include the period of disability and a description of any physical limitations or restrictions imposed upon the work of the employee;
(b) Specify whether the limitations or restrictions are permanent or temporary; and
(c) Be signed by the treating physician or chiropractic physician authorized pursuant to NRS 616B.527 or appropriately chosen pursuant to subsection 4 or 5 of NRS 616C.090 [.] or section 2 of this act.
8. If the certification of disability specifies that the physical limitations or restrictions are temporary, the employer of the employee at the time of the employees accident may offer temporary, light-duty employment to the employee. If the employer makes such an offer, the employer shall confirm the offer in writing within 10 days after making the offer. The making, acceptance or rejection of an offer of temporary, light-duty employment pursuant to this subsection does not affect the eligibility of the employee to receive vocational rehabilitation services, including compensation, and does not exempt the employer from complying with NRS 616C.545 to 616C.575, inclusive, and 616C.590 or the regulations adopted by the Division governing vocational rehabilitation services. Any offer of temporary, light-duty employment made by the employer must specify a position that:
(a) Is substantially similar to the employees position at the time of his or her injury in relation to the location of the employment and the hours the employee is required to work;
(b) Provides a gross wage that is:
(1) If the position is in the same classification of employment, equal to the gross wage the employee was earning at the time of his or her injury; or
(2) If the position is not in the same classification of employment, substantially similar to the gross wage the employee was earning at the time of his or her injury; and
(c) Has the same employment benefits as the position of the employee at the time of his or her injury.
Sec. 6. The amendatory provisions of this act apply prospectively with regard to any claim filed pursuant to chapters 616A to 616D, inclusive, or 617 of NRS which is filed on or after October 1, 2025.
________
κ2025 Statutes of Nevada, Page 2963κ
Assembly Bill No. 12Committee on Commerce and Labor
CHAPTER 457
[Approved: June 10, 2025]
AN ACT relating to unemployment compensation; revising requirements for obtaining judicial review of a decision of the Board of Review concerning a claim for unemployment benefits; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law authorizes any party aggrieved by a decision of the Board of Review concerning a claim for unemployment benefits to obtain judicial review of the decision by commencing an action in the district court of the county where the employment which is the basis of the claim was performed. Existing law requires, within 45 days after the commencement of the action, a petition to be served upon the Administrator of the Employment Security Division of the Department of Employment, Training and Rehabilitation at a designated office of the Administrator, unless the Administrator is the appellant, or upon such person as the Administrator may designate. (NRS 612.530)
Section 1 of this bill sets forth additional requirements and procedures concerning that petition. Section 1 specifies that service of the petition must comply with the requirements of existing law and the applicable provisions of the Nevada Rules of Civil Procedure for the service of a summons and complaint. If an appellant, within 45 days after the commencement of the action, fails to serve any petition upon the Administrator or his or her designee, including a petition that fails to comply with the requirements for the petition and the service of the petition, section 1 provides that the court is deprived of jurisdiction over the action and is required to dismiss the action upon the motion of the Administrator. If an appellant does serve a petition upon the Administrator or his or her designee within the required period, section 1 authorizes the Administrator to file a motion with the court to dismiss the action on the basis that the petition did not comply or was served in a manner that did not comply with the requirements for the petition. Section 1 requires the appellant to cure all deficiencies concerning the petition, if any, within 10 business days after the filing of the motion. Under section 1, the failure of the appellant to do so deprives the court of jurisdiction over the action, and the court is required to grant the motion to dismiss if the court determines that the petition was deficient and those deficiencies were not cured within the required period.
Section 2 of this bill provides that the amendatory provisions of this bill apply to a petition for judicial review that is filed on or after the effective date of this bill.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 612.530 is hereby amended to read as follows:
612.530 1. Within 11 days after the decision of the Board of Review has become final, any party aggrieved thereby or the Administrator may secure judicial review thereof by commencing an action in the district court of the county where the employment which is the basis of the claim was performed for the review of the decision, in which action any other party to the proceedings before the Board of Review must be made a defendant.
κ2025 Statutes of Nevada, Page 2964 (CHAPTER 457, AB 12)κ
2. In such action, a petition which need not be verified, but which must state the grounds upon which a review is sought, must, within 45 days after the commencement of the action, be served upon the Administrator at a designated office of the Administrator in Carson City, unless the Administrator is the appellant, or upon such person as the Administrator may designate, and such service shall be deemed completed service on all parties, but there must be left with the party so served as many copies of the petition as there are defendants, and the Administrator shall forthwith mail one such copy to each defendant. Service of a petition pursuant to this subsection must comply with the provisions of this subsection and the applicable provisions of the Nevada Rules of Civil Procedure for the service of a summons and complaint.
3. [The] If the appellant fails to serve upon the Administrator, or upon such person as the Administrator may designate, any petition pursuant to subsection 2, including, without limitation, a petition that does not comply or is served in a manner that does not comply with the requirements of subsection 2, within 45 days after the commencement of the action, the court is deprived of jurisdiction over the action and shall dismiss the action upon the motion of the Administrator.
4. If the appellant serves upon the Administrator, or upon such person as the Administrator may designate, a petition pursuant to subsection 2 within 45 days after the commencement of the action, the Administrator may, within 45 days after the receipt of the petition, file a motion with the court to dismiss the action on the basis that the petition did not comply or was served in a manner that did not comply with the requirements of subsection 2. Within 10 business days after the filing of the motion to dismiss, the appellant shall cure each deficiency concerning the petition, if any. The requirement to cure any deficiency concerning the petition within 10 business days after the filing of the motion to dismiss must be strictly complied with and may not be excused by the court. Failure to comply with that requirement deprives the court of jurisdiction over the action and, if the court determines that the petition did not comply or was served in a manner that did not comply with the requirements of subsection 2 and the deficiencies concerning the petition were not cured within 10 business days after the filing of the motion to dismiss, the court shall grant the motion to dismiss.
5. Except as otherwise provided in this subsection, the Administrator shall file with the court an answer within 45 days after being served with a petition pursuant to subsection 2 [or, if] unless the Administrator filed with the court a motion to dismiss pursuant to subsection 4 and the motion was denied, in which case the Administrator shall file the answer within 45 days after the date on which the motion was denied. If the Administrator is the appellant, the Administrator shall serve the petition upon each other party within 45 days after commencement of the action. With the Administrators answer or petition, the Administrator shall certify and file with the court originals or true copies of all documents and papers and a transcript of all testimony taken in the matter, together with the Board of Reviews findings of fact and decision therein. The Administrator may certify to the court questions of law involved in any decision.
[4.] 6. In any judicial proceedings under this section, the finding of the Board of Review as to the facts, if supported by evidence and in the absence of fraud, is conclusive, and the jurisdiction of the court is confined to questions of law.
κ2025 Statutes of Nevada, Page 2965 (CHAPTER 457, AB 12)κ
[5.] 7. Such actions, and the questions so certified, must be heard in a summary manner and must be given precedence over all other civil cases except cases arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS.
[6.] 8. An appeal may be taken from the decision of the district court to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court of Nevada pursuant to Section 4 of Article 6 of the Nevada Constitution in the same manner, but not inconsistent with the provisions of this chapter, as is provided in civil cases.
[7.] 9. It is not necessary, in any judicial proceeding under this section, to enter exceptions to the rulings of the Board of Review, and no bond may be required for entering the appeal.
[8.] 10. Upon the final determination of the judicial proceeding, the Board of Review shall enter an order in accordance with the determination.
[9.] 11. A petition for judicial review does not act as a supersedeas or stay unless the Board of Review so orders.
Sec. 2. The amendatory provisions of this act apply to a petition for judicial review that is filed on or after the effective date of this act.
Sec. 3. This act becomes effective upon passage and approval.
________
Assembly Bill No. 49Committee on Education
CHAPTER 458
[Approved: June 10, 2025]
AN ACT relating to educational personnel; authorizing a person who holds a license to teach in another state to be hired as a teacher in this State on a certain provisional basis if he or she satisfies certain requirements; requiring the Commission on Professional Standards in Education to prescribe certain regulations concerning the licensure of teachers, school counselors, school nurses and school social workers; eliminating the authority of the State Board of Education to disapprove of regulations adopted by the Commission; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Commission on Professional Standards in Education and requires the Commission to prescribe regulations for licensing teachers and other educational personnel. (NRS 391.011, 391.019) Under existing law, such regulations are required to provide for the reciprocal licensure of educational personnel from other states. (NRS 391.032) Section 1 of this bill authorizes the board of trustees of a school district or the governing body of a charter school to employ as a teacher, on a provisional basis not to exceed 1 year, a person not licensed as a teacher in this State if the person: (1) holds a license in good standing from another state; (2) has submitted an application to receive a license to teach in this State; and (3) has completed the background investigation the employing school district is required to conduct. Section 1 additionally requires a school district or charter school to, at the time such a person is hired, report the hiring to the Department of Education.
κ2025 Statutes of Nevada, Page 2966 (CHAPTER 458, AB 49)κ
Section 2 of this bill requires that the regulations adopted by the Commission also prescribe qualifications for a person to use work experience or a license in an area of career and technical education to receive an endorsement in career and technical education without repeating certain requirements. Additionally, section 2 requires such regulations to authorize a person who is employed by a public school to provide support and other services relating to school counseling and is enrolled in a program that would allow the person to obtain a license or endorsement as a school counselor to simultaneously complete any required internship or practicum hours for the purpose of obtaining such a license or endorsement. Section 2 also requires such regulations to authorize a person to serve as a school nurse or school social worker without the applicable endorsement if the person: (1) has applied for such an endorsement and is awaiting the issuance or denial of the endorsement; and (2) holds certain valid licenses issued by the State Board of Nursing or the Board of Examiners for Social Workers, as applicable. Furthermore, section 2 provides that such regulations adopted by the Commission must require a school district who employs such a person to, at the time the person is hired, report the hiring to the Department. Section 4 of this bill makes a conforming change to authorize such a registered nurse to be employed as a school nurse without an endorsement as a school nurse.
Existing law authorizes the State Board of Education to disapprove of any regulation that is adopted by the Commission on Professional Standards in Education. (NRS 391.027) Section 4.5 of this bill eliminates the authority of the State Board to take such an action. Sections 2, 2.3 and 2.7 of this bill make conforming changes to remove references to this authority in other provisions of law.
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 391 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Notwithstanding any other provision of law, the board of trustees of a school district or the governing body of a charter school may, on a provisional basis not to exceed 1 year, employ as a teacher a person who is not licensed to teach pursuant to this chapter if the person:
(a) Is licensed in good standing as a teacher in another state;
(b) Has submitted an application for the issuance of a license to teach pursuant to this chapter;
(c) Is employed to teach in a position that corresponds to the license of the teacher in the other state;
(d) Complies with the requirements of NRS 391.104; and
(e) Is not otherwise prohibited from being employed as a teacher in this State.
2. A school district or charter school which employs a teacher pursuant to subsection 1 shall, at the time such a teacher is hired, report the hiring of the teacher to the Department.
Sec. 2. NRS 391.019 is hereby amended to read as follows:
391.019 1. [Except as otherwise provided in NRS 391.027, the] 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.
κ2025 Statutes of Nevada, Page 2967 (CHAPTER 458, AB 49)κ
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;
(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.
(4) Must prescribe qualifications for the receipt of a secondary license with an endorsement in career and technical education that authorize an applicant to use work experience or a license in an area of career and technical education to satisfy requirements on the application if he or she has previously listed the information on an application for such a license that is no longer valid.
(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.
κ2025 Statutes of Nevada, Page 2968 (CHAPTER 458, AB 49)κ
(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:
(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] :
(1) 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.
κ2025 Statutes of Nevada, Page 2969 (CHAPTER 458, AB 49)κ
(2) School counseling, if the person does not hold a license or endorsement as a school counselor but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete any required program of internship or practicum hours to obtain such a license or endorsement while remaining employed in such a position.
(n) Authorizing a person who has applied for an endorsement as a school nurse or school social worker to, during the pendency of such application:
(1) Serve as a school nurse without an endorsement as a school nurse if he or she holds a valid license as a registered nurse issued by the State Board of Nursing; or
(2) Serve as a school social worker without an endorsement as a school social worker if he or she holds a valid license as a social worker issued by the Board of Examiners for Social Workers.
(o) To carry out the provisions of NRS 391B.010.
2. [Except as otherwise provided in NRS 391.027, the] 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. Any regulations adopted by the Commission pursuant to paragraphs (m) and (n) of subsection 1 must require a school district which hires a person pursuant to such regulations to, at the time the person is hired, report the hiring to the Department.
Sec. 2.3. NRS 391.021 is hereby amended to read as follows:
391.021 1. [Except as otherwise provided in NRS 391.027, the] The Commission shall adopt regulations governing examinations for the initial licensing of teachers and other educational personnel. The regulations adopted by the Commission must ensure that the examinations test the ability of the applicant to teach and the applicants knowledge of each specific subject he or she proposes to teach.
2. When adopting regulations pursuant to subsection 1, the Commission shall consider including any alternative means of demonstrating competency for persons with a disability or health-related need that the Commission determines are necessary and appropriate.
3. The regulations adopted by the Commission pursuant to subsection 1 must authorize an applicant to be exempt from any requirement to pass a competency test in basic reading, writing and mathematics if the applicant submits to the Department evidence that, after not passing a competency test in basic reading, writing and mathematics at the level of competence specified by the Commission, the applicant began and completed, with a grade of B or better, a course of study approved by the Department in each subject area of the competency test that the applicant did not pass at the level of competence specified by the Commission.
κ2025 Statutes of Nevada, Page 2970 (CHAPTER 458, AB 49)κ
4. Teachers and educational personnel from another state who obtain a reciprocal license pursuant to NRS 391.032 or 391B.010 are not required to take the examinations for the initial licensing of teachers and other educational personnel described in this section or any other examination for initial licensing required by the regulations adopted by the Commission.
Sec. 2.7. NRS 391.032 is hereby amended to read as follows:
391.032 1. [Except as otherwise provided in NRS 391.027, the] The Commission shall:
(a) Adopt regulations which provide for the issuance of provisional licenses to teachers and other educational personnel before completion of all courses of study or other requirements for a license in this State.
(b) Adopt regulations which provide for the reciprocal licensure of educational personnel from other states including, without limitation, for the reciprocal licensure of persons who hold a license to teach special education. Such regulations must include, without limitation, provisions:
(1) For the reciprocal licensure of persons who obtained a license pursuant to an alternative route to licensure which the Department determines is as rigorous or more rigorous than the alternative route to licensure prescribed pursuant to subparagraph (1) of paragraph (a) of subsection 1 of NRS 391.019.
(2) Which provide for the licensure of persons pursuant to the Interstate Teacher Mobility Compact enacted in NRS 391B.010.
2. A person who is a member of the Armed Forces of the United States, a veteran of the Armed Forces of the United States or the spouse of such a member or veteran of the Armed Forces of the United States and who has completed the equivalent of an alternative route to licensure program in another state may obtain a license as if such person has completed the alternative route to licensure program of this State.
3. The Commission shall adopt regulations requiring the Superintendent of Public Instruction to issue a provisional license to teach if:
(a) The Superintendent determines that the applicant is otherwise qualified for the license; and
(b) The applicant:
(1) Graduated with a bachelors degree or higher but is awaiting conferment of the degree; or
(2) Satisfies the requirements for conditional licensure through an alternative route to licensure.
4. A person who is issued a provisional license must complete all courses of study and other requirements for a license in this State which is not provisional within 3 years after the date on which a provisional license is issued.
Sec. 3. (Deleted by amendment.)
Sec. 4. NRS 391.291 is hereby amended to read as follows:
391.291 1. The provision of nursing services in a school district by school nurses and other qualified personnel must be under the direction and supervision of a chief nurse who is a registered nurse as provided in NRS 632.240 and who:
(a) Holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the Commission; or
κ2025 Statutes of Nevada, Page 2971 (CHAPTER 458, AB 49)κ
(b) Is employed by a state, county, city or district health department and provides nursing services to the school district in the course of that employment.
2. [A] Except as otherwise provided in regulations adopted by the Commission pursuant to NRS 391.019, a school district shall not employ a person to serve as a school nurse unless the person holds an endorsement to serve as a school nurse issued pursuant to regulations adopted by the Commission.
3. The chief nurse shall ensure that each school nurse:
(a) Coordinates with the principal of each school to designate:
(1) Employees of the school who are authorized to administer auto-injectable epinephrine; and
(2) If the school has obtained an order for an opioid antagonist pursuant to subsection 2 of NRS 386.870, at least two employees of the school who are authorized to administer the opioid antagonist.
(b) Provides the employees so designated with training concerning the proper storage and administration of auto-injectable epinephrine or opioid antagonists, as applicable.
4. As used in this section, opioid antagonist has the meaning ascribed to it in NRS 453C.040.
Sec. 4.5. NRS 391.027 is hereby repealed.
Sec. 5. This act becomes effective on July 1, 2026.
________
Assembly Bill No. 76Committee on Judiciary
CHAPTER 459
[Approved: June 10, 2025]
AN ACT relating to cannabis; revising provisions relating to the confidentiality of certain information relating to cannabis; revising provisions governing certain disciplinary proceedings; revising provisions relating to the operation of a cannabis establishment; revising certain requirements relating to the packaging and labeling of cannabis and cannabis products; authorizing the Cannabis Compliance Board to issue summonses and subpoenas and take certain other actions relating to unlicensed cannabis activities; revising provisions relating to the licensing of a cannabis establishment; revising provisions relating to cannabis independent testing laboratories; revising provisions relating to advertising engaged in and packaging used by a cannabis establishment; exempting certain persons from state prosecution for certain criminal offenses under certain circumstances; requiring the Cannabis Advisory Commission to conduct certain studies; making various other changes relating to the regulation of cannabis; and providing other matters properly relating thereto.
κ2025 Statutes of Nevada, Page 2972 (CHAPTER 459, AB 76)κ
Legislative Counsels Digest:
Existing law provides for the licensure and regulation of persons and establishments involved in the cannabis industry in this State by the Cannabis Compliance Board. (Title 56 of NRS) Existing law sets forth procedures by which the Board may take disciplinary action against a licensee or registrant. (NRS 678A.500-678A.600) Under existing law, the Executive Director of the Board is authorized to transmit the details of any suspected violation of the provisions of existing law and regulations that govern the medical and adult use of cannabis to the Attorney General for an investigation. (NRS 678A.500) After the investigation, existing law requires the Board to determine whether to proceed with disciplinary action against a licensee or registrant. (NRS 678A.510) If the Board proceeds with disciplinary action, existing law: (1) requires the Board or the Executive Director to serve a complaint upon the respondent; and (2) sets forth procedures for the conduct of a disciplinary hearing before the Board. (NRS 678A.520-678A.590) If the Board determines that a licensee or registrant has violated a provision of existing law or regulations governing the medical and adult use of cannabis, existing law authorizes the Board to impose certain penalties against the licensee or registrant. (NRS 678A.600)
Sections 6 and 13-24 of this bill revise the procedures by which disciplinary action may be taken against a licensee or registrant. Section 13 specifies that the Executive Director is authorized to transmit the details of a suspected violation to the Attorney General for further investigation. Section 24 makes a conforming change to reflect the fact that an investigation of a violation is commenced by the Executive Director, rather than the Board. Section 14 revises the actions the Board must take with respect to each complaint resulting in an investigation by the Attorney General. Section 15 revises the required content of a complaint served by the Board or the Executive Director and the time in which the respondent may answer the complaint. Upon receipt of an answer demanding a hearing or the expiration of the time to answer the complaint, section 15 requires the Board to assign the matter to a hearing officer. Sections 15-23 require a disciplinary hearing to be heard before a hearing officer, rather than the Board, and revise procedures for the conduct of such a hearing. Section 6: (1) provides that the decision and order of a hearing officer is final unless a party aggrieved by the decision requests that the Board review the decision and order or the Board initiates such a review on its own motion; and (2) sets forth procedures for the conduct of a review by the Board. Section 23 provides that any person aggrieved by a final decision or order of the Board after a review conducted pursuant to section 6 is entitled to judicial review of the decision or order.
Section 5 of this bill requires the Board to appoint one or more hearing officers to conduct disciplinary hearings and render decisions.
Section 26 of this bill authorizes the Board, the Executive Director or a designee of the Executive Director to issue a letter of warning, a letter of concern or a nonpunitive admonishment under certain circumstances.
Existing law requires the Board to adopt regulations providing for the investigation of unlicensed cannabis activities and the imposition of penalties against persons who engage in such activities. (NRS 678A.450) Section 11 of this bill authorizes the Board to issue summonses and subpoenas and to take certain other actions in connection with such an investigation.
Sections 4, 12 and 54 of this bill revise provisions relating to the confidentiality of certain information obtained by the Board. Existing law authorizes the Governor or his or her designee to enter into one or more agreements with tribal governments concerning cannabis. (NRS 223.250) Sections 52 and 53 of this bill provide that certain information received by a governmental entity from a tribal government or a facility engaged in cannabis activities operating on tribal land pursuant to the terms of such an agreement remains the property of the tribal government, does not constitute a public record and must be kept confidential by the governmental entity.
Sections 2, 7, 33, 34, 37 and 38 of this bill establish a standardized definition of the term local governmental jurisdiction for the purposes of provisions governing the medical and adult use of cannabis.
κ2025 Statutes of Nevada, Page 2973 (CHAPTER 459, AB 76)κ
Existing law authorizes the Board to adopt regulations setting forth requirements relating to the packaging and labeling of cannabis and cannabis products. (NRS 678A.450) Section 11 prohibits those requirements from requiring: (1) a package of cannabis or cannabis products which is sold at wholesale to contain any label or tag other than a label or tag necessary for the functionality of any computer software used for the seed-to-sale tracking of cannabis; and (2) a cannabis establishment to include any information on the label for any cannabis or a cannabis product that is already included on the packaging of the cannabis or cannabis product. Sections 1.5 and 2.5 of this bill define the terms label and packaging for the purposes of provisions of existing law governing the medical and adult use of cannabis.
Existing law prohibits the production, distribution and sale of any synthetic cannabinoid. (NRS 453.572, 557.255, 678B.525) Section 10 of this bill revises the definition of synthetic cannabinoid to: (1) specify that any cannabinoid that is either produced artificially or not obtained directly without the use of a chemical reagent from a plant of the genus Cannabis constitutes a synthetic cannabinoid; and (2) exclude THC produced using certain processes.
Existing law requires a cannabis establishment to use an inventory control system. (NRS 678B.210, 678B.250, 678C.430) Existing law sets forth certain requirements for the operation of such a system by a medical cannabis establishment. (NRS 678C.430) Sections 27, 31, 32, 35 and 45 of this bill revise those requirements and additionally apply the requirements to the operation of such a system by an adult-use cannabis establishment. Sections 45 and 49 of this bill revise requirements for a dual licensee concerning the reporting of inventory.
Existing law sets forth procedures by which a health authority, upon finding a condition in the operation of a food establishment constituting a substantial hazard to the public health, may issue an order to the holder of the permit to operate the food establishment that may require the immediate suspension of the permit and discontinuance of all food operations. (NRS 446.880) Section 30 of this bill sets forth similar procedures by which an agent of the Board may issue such an order to the holder of a cannabis establishment license if the agent finds a condition in the operation of the cannabis establishment which constitutes a substantial hazard to the public health. Section 30 sets forth certain conditions under which such an order may not order the immediate suspension of the license and the immediate discontinuance of the operations of the cannabis establishment. Section 29 of this bill defines substantial hazard to the public health to include certain specified conditions. Section 29 additionally requires the Board to adopt certain regulations concerning substantial hazards to the public health which may exist at a cannabis establishment.
Existing law requires an applicant for a medical cannabis establishment license or adult-use cannabis establishment license to submit to the Board the physical address of the proposed cannabis establishment, which, among other requirements, must not be within a certain distance of a public or private school or community facility. (NRS 678B.210, 678B.250) Sections 32 and 35 establish definitions of public school and private school and revise the definition of community facility.
Section 36 of this bill revises certain requirements for cannabis independent testing laboratories.
Existing law deems the issuance of a license by the Board to be conditional in certain local governmental jurisdictions until the cannabis establishment is in compliance with applicable local governmental ordinances or rules and the local government has issued a business license for the operation of the establishment. (NRS 678B.320) Section 37 additionally deems the issuance of such a license to be conditional until the cannabis establishment satisfies an inspection conducted by the Board.
Section 39 of this bill revises the procedures that the operating documents of a cannabis establishment are required to include to additionally include certain procedures relating to the training of cannabis establishment agents and other procedures established by the Board by regulation. (NRS 678B.510)
κ2025 Statutes of Nevada, Page 2974 (CHAPTER 459, AB 76)κ
Section 40 of this bill revises certain restrictions on advertising engaged in and packaging used by a cannabis establishment.
Existing law prohibits a person from selling, offering to sell, appearing to sell or advertising the sale of cannabis or cannabis products unless the person holds an adult-use cannabis establishment license or medical cannabis establishment license. (NRS 678B.530) Section 41 of this bill prohibits those actions only if the person does not have the appropriate type of license and additionally prohibits a person from advertising as a cannabis sales facility or cannabis consumption lounge without the appropriate type of license.
Existing law exempts an employee of the State Department of Agriculture from state prosecution for certain offenses relating to cannabis under certain circumstances. (NRS 678B.600) Section 42 of this bill expands that exemption to also include an employee of the Board and an attorney who represents the Department or the Board.
Existing law provides an exemption from state prosecution for the possession, delivery and production of cannabis for: (1) a person who holds a valid registry identification card or letter of approval; and (2) a person who is 21 years of age or older. However, under existing law, that exemption is subject to certain limitations. For example, with respect to usable cannabis, the exemption applies only to the extent that a person does not, at any one time, possess, deliver or produce more than 2.5 ounces of usable cannabis. (NRS 678C.200, 678D.200) Existing law also prohibits a cannabis sales facility from selling to a person, in any one transaction, more than 2.5 ounces of usable cannabis. (NRS 678B.550) Sections 3, 7 and 56 of this bill revise the definition of usable cannabis to exclude the seeds of a plant of the genus plant Cannabis and apply this definition throughout the provisions of existing law governing the medical and adult use of cannabis. Section 47 of this bill makes a conforming change to eliminate a reference to a provision that has been repealed in section 56.
Existing law requires a medical cannabis establishment to maintain an electronic verification system. (NRS 678B.210, 678C.420) Section 9 of this bill changes the name of such a system to an electronic verification and authentication system. Section 44 of this bill revises requirements concerning the operation of such a system.
Existing law requires an adult-use cannabis product to be sold in a single package. (NRS 678D.420) Section 48 of this bill revises requirements concerning the amount of usable cannabis, concentrated cannabis or THC that a single package may contain.
Existing law, with certain exceptions, prohibits smoking in any form within indoor places of employment. (NRS 202.2483) Section 51 of this bill clarifies that the smoking of cannabis in a cannabis consumption lounge in accordance with the provisions of existing law governing the medical and adult-use of cannabis is not prohibited.
Section 54.3 of this bill requires the Cannabis Advisory Commission to create a subcommittee to conduct a study concerning certain matters relating to sales of consumable hemp products in this State. Section 54.7 of this bill additionally requires the Commission to create a subcommittee to conduct a study concerning the manner in which cannabis and cannabis products are taxed in this State.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 678A of NRS is hereby amended by adding thereto the provisions set forth as sections 1.5 to 6, inclusive, of this act.
Sec. 1.5. Label means written or printed material affixed to or included with cannabis or a cannabis product to provide identification or other information.
κ2025 Statutes of Nevada, Page 2975 (CHAPTER 459, AB 76)κ
Sec. 2. Local governmental jurisdiction means a city or unincorporated area within a county.
Sec. 2.5. Packaging means the immediate, consumer-facing wrapper or container in which cannabis or a cannabis product is packaged.
Sec. 3. 1. Usable cannabis means the dried leaves and flowers of a plant of the genus Cannabis, and any mixture or preparation thereof, that are appropriate for the medical use of cannabis or the adult use of cannabis.
2. The term does not include the seeds, stalks and roots of the plant.
Sec. 4. The Board or an agent of the Board may refuse to reveal, in any court or administrative proceeding, except a proceeding brought by the State of Nevada:
1. The identity of any person who has furnished to the Board information purporting to reveal the commission of a violation of a provision of this title or the regulations adopted pursuant thereto, including, without limitation, information concerning unlicensed cannabis activities;
2. The information obtained by the Board from a person described in subsection 1; or
3. Both the identity of a person described in subsection 1 and the information obtained from the person.
Sec. 5. The Board shall appoint one or more hearing officers to conduct hearings and render decisions as provided in NRS 678A.520 to 678A.600, inclusive, and section 6 of this act.
Sec. 6. 1. Unless a review by the Board is requested by a party or initiated by the Board pursuant to subsection 2 or 3, the decision and order of a hearing officer issued pursuant to NRS 678A.590 are final and not subject to review by any court or the Board.
2. A party who is aggrieved by the decision and order of a hearing officer issued pursuant to NRS 678A.590 may submit to the Board a written request for a review of the decision and order within 30 calendar days after the service of the decision and order.
3. The Board may, on its own motion, initiate a review of the decision and order of a hearing officer issued pursuant to NRS 678A.590 within 30 days after the service of the decision and order.
4. If requested or initiated in accordance with subsection 2 or 3, the Board shall conduct a review of the decision and order of the hearing officer. The review must be limited to the record of the proceedings before the hearing officer. The Board may not consider any additional evidence which was not presented to the hearing officer.
5. The Board may, at the request of a party or on its own motion, provide for oral argument as part of a review conducted pursuant to this section. The Chair of the Board shall determine the time, place and any other conditions and requirements for any such oral argument.
6. After the conclusion of a review conducted pursuant to this section, the Board may affirm, modify or reverse the decision and order of the hearing officer or remand the matter to the hearing officer for further proceedings. The Board shall prepare a written decision and order on the matter as expeditiously as possible and serve the decision and order on the parties personally or by certified mail.
κ2025 Statutes of Nevada, Page 2976 (CHAPTER 459, AB 76)κ
Sec. 7. NRS 678A.010 is hereby amended to read as follows:
678A.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 678A.020 to 678A.240, inclusive, and sections 1.5 to 3, inclusive, of this act have the meanings ascribed to them in those sections.
Sec. 8. (Deleted by amendment.)
Sec. 9. NRS 678A.150 is hereby amended to read as follows:
678A.150 Electronic verification and authentication system means an electronic database that:
1. Keeps track of data in real time; and
2. Is accessible by the Board and by the cannabis establishment.
Sec. 10. NRS 678A.239 is hereby amended to read as follows:
678A.239 1. Synthetic cannabinoid means a cannabinoid that is:
[1.] (a) Produced artificially, whether from chemicals or from recombinant biological agents, including, without limitation, yeast and algae; [and
2. Is not derived] or
(b) Not obtained directly without the use of a chemical reagent from a plant of the genus Cannabis . [, including,]
2. The term includes, without limitation, biosynthetic cannabinoids.
3. The term does not include THC produced through the decarboxylation of tetrahydrocannabinolic acid using a process approved by the Board.
Sec. 11. NRS 678A.450 is hereby amended to read as follows:
678A.450 1. The Board may adopt regulations necessary or convenient to carry out the provisions of this title. Such regulations may include, without limitation:
(a) Financial requirements for licensees.
(b) Establishing such education, outreach, investigative and enforcement mechanisms as the Board deems necessary to ensure the compliance of a licensee or registrant with the provisions of this title. Such mechanisms must include, without limitation:
(1) A system to educate, train and certify employees of the Board which:
(I) Each employee must complete before he or she may engage in inspections, investigations or audits; and
(II) At a minimum, includes training that is the same or substantially similar to any training that is required by the Board by regulation to be completed by a cannabis establishment agent before he or she may be employed by, volunteer at or provide labor to a cannabis establishment;
(2) A system to educate and advise licensees and registrants on compliance with the provisions of this title which may serve as an alternative to disciplinary action; and
(3) Establishing specific grounds for disciplinary action against a licensee or registrant who knowingly violates the law or engages in grossly negligent, unlawful or criminal conduct or an act or omission that poses an imminent threat to the health or safety of the public.
(c) Requirements for licensees or registrants relating to the cultivation, processing, manufacture, transport, distribution, testing, study, advertising and sale of cannabis and cannabis products.
κ2025 Statutes of Nevada, Page 2977 (CHAPTER 459, AB 76)κ
(d) Policies and procedures to ensure that the cannabis industry in this State is economically competitive, inclusive of racial minorities, women and persons and communities that have been adversely affected by cannabis prohibition and accessible to persons of low-income seeking to start a business.
(e) Policies and procedures relating to the disclosure of the identities of the shareholders and the annual report of a cannabis establishment that is a publicly traded company.
(f) Reasonable restrictions on the signage, marketing, display and advertising of cannabis establishments. Such a restriction must not require a cannabis establishment to obtain the approval of the Board before using a logo, sign or advertisement.
(g) Provisions governing the sales of products and commodities made from hemp, as defined in NRS 557.160, or containing cannabidiol by cannabis establishments.
(h) Requirements relating to the packaging and labeling of cannabis and cannabis products. Such requirements must not require:
(1) Any package of cannabis or cannabis products which is sold at wholesale to contain any label or tag other than a label or tag necessary for the functionality of any computer software used for the seed-to-sale tracking of cannabis adopted by the Board.
(2) A cannabis establishment to include any information on the label for cannabis or a cannabis product that is already included on the packaging of the cannabis or cannabis product.
2. The Board shall adopt regulations providing for the gathering and maintenance of comprehensive demographic information, including, without limitation, information regarding race, ethnicity, age and gender, concerning each:
(a) Owner and manager of a cannabis establishment.
(b) Holder of a cannabis establishment agent registration card.
3. The Board shall adopt regulations providing for the investigation of unlicensed cannabis activities and the imposition of penalties against persons who engage in such activities. Such regulations must, without limitation:
(a) Establish penalties to be imposed for unlicensed cannabis activities, which may include, without limitation, the issuance of a cease and desist order or citation, the imposition of an administrative fine or civil penalty and other similar penalties.
(b) Set forth the procedures by which the Board may impose a penalty against a person for engaging in unlicensed cannabis activities.
(c) Set forth the circumstances under which the Board is required to refer matters concerning unlicensed cannabis activities to an appropriate state or local law enforcement agency.
4. As part of an investigation of unlicensed cannabis activities conducted pursuant to the regulations adopted pursuant to subsection 3, if the Board has cause to believe that a person has engaged in or is engaging in unlicensed cannabis activities, the Board may issue a summons to require any person to appear before the Board at the time and place set forth in the summons and a subpoena to require the testimony of any person or the production of documents. The Board may administer an oath or affirmation to any person providing testimony pursuant to such a subpoena. A summons or subpoena issued pursuant to this subsection must be served upon a person in the manner required for service of process in this State or by certified mail with return receipt requested.
κ2025 Statutes of Nevada, Page 2978 (CHAPTER 459, AB 76)κ
in this State or by certified mail with return receipt requested. An employee of the Board may personally serve such a summons or subpoena. The Board may use any documents, records or material produced pursuant to a subpoena issued pursuant to this subsection in the course of an action or proceeding brought pursuant to the regulations adopted pursuant to subsection 3.
5. The Board shall transmit the information gathered and maintained pursuant to subsection 2 to the Director of the Legislative Counsel Bureau for transmission to the Legislature on or before January 1 of each odd-numbered year.
[5.] 6. The Board shall, by regulation, establish a pilot program for identifying opportunities for an emerging small cannabis business to participate in the cannabis industry. As used in this subsection, emerging small cannabis business means a cannabis-related business that:
(a) Is in existence, operational and operated for a profit;
(b) Maintains its principal place of business in this State; and
(c) Satisfies requirements for the number of employees and annual gross revenue established by the Board by regulation.
Sec. 12. NRS 678A.470 is hereby amended to read as follows:
678A.470 1. The Board shall cause to be made and kept a record of all proceedings at regular and special meetings of the Board. These records are open to public inspection.
2. [Any] Except as otherwise provided in subsections 3, 4 and 6, any and all information and data prepared or obtained by the Board or by an agent or employee of the Board [relating to a holder of or an applicant for a medical cannabis establishment license pursuant to NRS 678B.210, other than the name of a licensee and each owner, officer and board member of the licensee and information relating to the scoring and ranking of applications and the imposition of disciplinary action, are confidential and may be revealed in whole or in part only in the course of the necessary administration of this title or upon the lawful order of a court of competent jurisdiction. The Board may reveal such information and data to an authorized agent of any agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country. Notwithstanding any other provision of state law, such information and data may not be otherwise revealed without specific authorization by the Board pursuant to the regulations of the Board.
3. Except as otherwise provided in this subsection, any information and data included in] :
(a) Relating to an application for [an adult-use cannabis establishment] a license or a registration card , a request for a transfer of ownership interest pursuant to the regulations adopted by the Board pursuant to NRS 678B.380 or a request to obtain the approval of the Board of any act, transaction, qualification, extension or exemption for which the approval of the Board is required pursuant to this title or the regulations adopted pursuant thereto and which is given at a meeting of the Board;
(b) That is required by the Board to be provided to the Board pursuant to this title or any regulation adopted pursuant thereto or which may be otherwise obtained relative to the finances, earnings or revenue of any licensee, registrant or applicant for a license or registration card;
(c) Pertaining to the criminal record, antecedents and background of a natural person;
κ2025 Statutes of Nevada, Page 2979 (CHAPTER 459, AB 76)κ
(d) For which an assurance that the information and data will be held in confidence and treated as confidential has been provided in writing by the Board or an agent or employee of the Board who has been authorized by the Board to provide such an assurance;
(e) Relating to the internal layout and structural elements of a cannabis establishment;
(f) Relating to the security of a cannabis establishment, including, without limitation, the security measures and emergency preparedness of a cannabis establishment and any assessment of threats to or vulnerabilities of a cannabis establishment;
(g) That constitutes a trade secret, as defined in NRS 600A.030, and for which the word Confidential or Private or another indication of secrecy was placed in a reasonably noticeable manner on any medium or container that describes or includes any portion of the trade secret at the time it was provided to the Board or an agent or employee of the Board;
(h) That contains the name or other personal information of a natural person who facilitates or delivers services in accordance with the provisions of this title and the regulations adopted pursuant thereto;
(i) Whose disclosure would likely prejudice the effectiveness of the operations of a law enforcement agency;
(j) Relating to the activities of a licensee or registrant involving the medical use of cannabis; or
(k) Relating to disciplinary action taken in accordance with NRS 678A.520 to 678A.600, inclusive, and section 6 of this act or an audit, inspection or investigation,
Κ is confidential and may be revealed in whole or in part only in the course of the necessary administration of this title or upon the lawful order of a court of competent jurisdiction. [The name of the holder of an adult-use cannabis establishment license and each owner, officer and board member of the licensee and information relating to the scoring and ranking of applications and the imposition of disciplinary action are not confidential.]
3. The following information and data are not confidential:
(a) The name of a licensee.
(b) The name of each owner, officer and board member of a licensee.
(c) The name of the receiver for a cannabis establishment subject to receivership.
(d) The physical address of a cannabis sales facility or cannabis consumption lounge.
(e) The local governmental jurisdiction in which a cannabis establishment is located.
(f) Information and data relating to the scoring and ranking of applications for a license.
(g) A complaint served pursuant to NRS 678A.520.
(h) A decision and order issued pursuant to NRS 678A.590 or section 6 of this act, including, without limitation, any information and data relating to any civil penalty imposed by such a decision and order.
(i) A consent or settlement agreement entered into pursuant to NRS 678A.645, including, without limitation, any information and data relating to any civil penalty imposed by such a consent or settlement agreement.
4. The Board may reveal [such] information and data declared confidential pursuant to subsection 2 to an authorized agent of any [agency of the United States Government, any state or any political subdivision of a state or the government of any foreign country.]
κ2025 Statutes of Nevada, Page 2980 (CHAPTER 459, AB 76)κ
state or the government of any foreign country.] governmental entity. If any confidential information and data is provided by the Board to a governmental entity pursuant to this section, the information and data remains confidential and may not be provided to any other person or governmental entity. To the extent practicable, any governmental entity that receives any confidential information and data from the Board pursuant to this section shall treat the information and data as confidential. Notwithstanding any other provision of state law, [such] information and data declared confidential pursuant to subsection 2 may not be otherwise revealed without specific authorization by the Board pursuant to the regulations of the Board.
[4.] 5. A person seeking an order of a court of competent jurisdiction for the disclosure of information and data declared confidential pursuant to subsection 2 must submit a motion in writing to the court requesting the information. At least 14 days before submitting the motion, the person must provide notice to the Board, the Attorney General and all persons who may be affected by the disclosure of the information and data. The notice must:
(a) Include, without limitation, a copy of the motion and all documents in support of the motion that are to be filed with the court; and
(b) Be delivered in person or by certified mail to the last known address of each person to whom notice must be provided.
6. The Board may reveal information and data declared confidential pursuant to subsection 2 to the extent necessary to establish a claim or defense in an action against the Board brought by a licensee, registrant or applicant for a license or registration card. The court may order the redaction or sealing of any court records containing confidential information and data revealed pursuant to this subsection to maintain the confidentiality of the information and data.
7. All files, records, reports and other information and data pertaining to matters related to cannabis in the possession of the Nevada Tax Commission or the Department of Taxation must be made available to the Board as is necessary to the administration of this title.
[5.] 8. As used in this section [, information] :
(a) Governmental entity means any agency of the United States Government, any state or political subdivision of a state or the government of any foreign country.
(b) Information and data means all information and data in any form, including, without limitation, any oral, written, audio, visual, digital or electronic form, and the term includes, without limitation, any account, book, correspondence, file, message, paper, record, report or other type of document . [, including, without limitation, any document containing self-evaluative assessments, self-critical analysis or self-appraisals of an applicants or licensees compliance with statutory or regulatory requirements.]
(c) Personal information means:
(1) The name, address, telephone number, electronic mail address or date of birth of a person; and
(2) Any other information that constitutes personal information as defined in NRS 603A.040.
κ2025 Statutes of Nevada, Page 2981 (CHAPTER 459, AB 76)κ
Sec. 13. NRS 678A.500 is hereby amended to read as follows:
678A.500 1. If the Executive Director becomes aware that a licensee or registrant has violated, is violating or is about to violate any provision of this title or any regulation adopted pursuant thereto, the Executive Director may transmit the details of the suspected violation, along with any further facts or information related to the violation which are known to the Executive Director, to the Attorney General [.] for further investigation.
2. If any person other than the Executive Director becomes aware that a licensee or registrant has violated, is violating or is about to violate any provision of this title or any regulation adopted pursuant thereto, the person may file a written complaint with the Executive Director specifying the relevant facts. The Executive Director shall review each such complaint and, if the Executive Director finds the complaint not to be frivolous, may transmit the details of the suspected violation, along with any further facts or information derived from the review of the complaint to the Attorney General [.] for further investigation.
3. The employees of the Board who are certified by the Peace Officers Standards and Training Commission created pursuant to NRS 289.500 shall cooperate with the Attorney General in the performance of any criminal investigation.
Sec. 14. NRS 678A.510 is hereby amended to read as follows:
678A.510 1. If the Executive Director transmits the details of a suspected violation to the Attorney General for further investigation pursuant to NRS 678A.500, the Attorney General shall conduct an investigation of the suspected violation to determine whether it warrants proceedings for disciplinary action of the licensee or registrant. If the Attorney General determines that further proceedings are warranted, he or she shall report the results of the investigation together with a recommendation to the Executive Director in a manner which does not violate the right of the person charged in the complaint to due process in any later hearing on the complaint. The Executive Director shall transmit the recommendation and other information received from the Attorney General to the Board.
2. The Board shall promptly make a determination with respect to each complaint resulting in an investigation by the Attorney General. The Board shall:
(a) [Dismiss the complaint;] Decline to proceed with disciplinary action;
(b) [Enter into] Authorize the Attorney General to attempt to negotiate a consent or settlement agreement [with] to be entered into between the licensee or registrant and the Board pursuant to NRS 678A.645; or
(c) Proceed with appropriate disciplinary action in accordance with NRS 678A.520 to 678A.600, inclusive, and section 6 of this act, chapter 233B of NRS and the regulations adopted by the Board. In determining the disciplinary action to impose the Board shall consider mitigating factors pursuant to NRS 678A.647.
Sec. 15. NRS 678A.520 is hereby amended to read as follows:
678A.520 1. If the Board proceeds with disciplinary action pursuant to NRS 678A.510, the Board or the Executive Director shall serve a complaint upon the respondent . [either personally, or by]
2. A complaint served pursuant to subsection 1 must be served upon the respondent:
κ2025 Statutes of Nevada, Page 2982 (CHAPTER 459, AB 76)κ
(a) Personally;
(b) By registered or certified mail at the address of the respondent that is on file with the Board [. Such] ; or
(c) If the respondent has expressly agreed to service by electronic means, by electronic means.
3. A complaint served pursuant to subsection 1 must:
(a) [Be a written statement of charges;
(b) Set forth in ordinary and concise language the acts or omissions with which the respondent is charged;
(c)] Specify the statutes and regulations which the respondent is alleged to have violated . [;
(d) Not consist merely of charges raised in the language of the statutes or regulations which the respondent is alleged to have violated;
(e)] (b) Set forth a short and plain statement of the matters asserted, including, without limitation, the acts or omissions with which the respondent is charged.
(c) If the respondent is alleged to have committed multiple violations consisting of the same or a similar act, omission or course of conduct, charge those violations as a single alleged violation if the violations:
(1) Are closely related in time, place and circumstance; and
(2) Were all discovered in the course of a single audit, inspection or investigation . [;
(f)] (d) Specify the penalty being sought against the respondent . [; and
(g)] (e) Provide notice of the right of the respondent to request a hearing.
[2.] 4. The Chair of the Board may grant an extension to respond to the complaint for good cause. Unless granted such an extension, the respondent must , [answer] within [20] 21 days after the service of the complaint [.] , answer the complaint in accordance with subsection 5.
5. In the answer to a complaint, the respondent:
(a) Must state in short and plain terms the defenses to each claim asserted.
(b) Must admit or deny the facts alleged in the complaint.
(c) Must state which allegations the respondent is without knowledge or information to form a belief as to their truth. Such allegations shall be deemed denied.
(d) Must affirmatively set forth any matter which constitutes an avoidance or affirmative defense.
(e) May demand a hearing. Failure to demand a hearing constitutes a waiver of the right to a hearing [and] , the right to [judicial] request a review of [any] the decision or order of the hearing officer by the Board [, but] and the right to judicial review of any decision of the Board . [may order a hearing even if the respondent so waives his or her right.
3.] 6. Upon receipt of an answer demanding a hearing or the expiration of the time to answer the complaint, the Board shall assign the matter to a hearing officer.
7. Failure to [answer] comply with subsection 4 or , if the respondent has demanded a hearing pursuant to subsection 5, to appear at the hearing constitutes an admission by the respondent of all facts alleged in the complaint. The [Board] hearing officer may take action based on such an admission and on other evidence without further notice to the respondent. If the [Board] hearing officer takes action based on such an admission, the [Board] hearing officer shall include in the record which evidence was the basis for the action.
κ2025 Statutes of Nevada, Page 2983 (CHAPTER 459, AB 76)κ
the [Board] hearing officer takes action based on such an admission, the [Board] hearing officer shall include in the record which evidence was the basis for the action.
[4.] 8. The [Board] hearing officer shall determine the time and place of the hearing as soon as is reasonably practical after receiving the respondents answer. The [Board] hearing officer shall deliver or send by registered [or] mail, certified mail or, if the parties have expressly agreed to service by electronic means, by electronic means a notice of hearing that complies with NRS 233B.121 to all parties at least 10 days before the hearing. The hearing must be held within [45] 120 days after receiving the respondents answer unless an expedited hearing is determined to be appropriate by the Executive Director or the Board, in which event the hearing must be held as soon as practicable. The [Chair of the Board] hearing officer may grant one or more extensions to the [45-day] 120-day requirement pursuant to a request of a party or an agreement by both parties.
Sec. 16. NRS 678A.530 is hereby amended to read as follows:
678A.530 Before a hearing [, before the Board,] and during a hearing upon reasonable cause shown, the [Board] hearing officer shall issue subpoenas and subpoenas duces tecum at the request of a party. All witnesses appearing pursuant to subpoena, other than parties, officers or employees of the State of Nevada or any political subdivision thereof, are entitled to receive fees and mileage in the same amounts and under the same circumstances as provided by law for witnesses in civil actions in the district courts. Witnesses entitled to fees or mileage who attend hearings at points so far removed from their residences as to prohibit return thereto from day to day are entitled, in addition to witness fees and in lieu of mileage, to the per diem compensation for subsistence and transportation authorized for state officers and employees for each day of actual attendance and for each day necessarily occupied in traveling to and from the hearings. Fees, subsistence and transportation expenses must be paid by the party at whose request the witness is subpoenaed. [The Board may award as costs the amount of all such expenses to the prevailing party.]
Sec. 17. NRS 678A.540 is hereby amended to read as follows:
678A.540 1. At all hearings before [the Board:] a hearing officer:
(a) Oral evidence may be taken only upon oath or affirmation administered by the [Board.] hearing officer.
(b) Every party has the right to:
(1) Call and examine witnesses;
(2) Introduce exhibits relevant to the issues of the case;
(3) Cross-examine opposing witnesses on any matters relevant to the issues of the case, even though the matter was not covered in a direct examination;
(4) Impeach any witness regardless of which party first called the witness to testify; and
(5) Offer rebuttal evidence.
(c) If the respondent does not testify in his or her own behalf, the respondent may be called and examined as if under cross-examination.
(d) The hearing need not be conducted according to technical rules relating to evidence and witnesses, except that those prescribed in NRS 233B.123 apply. Any relevant evidence that is not immaterial or unduly repetitious may be admitted and is sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
κ2025 Statutes of Nevada, Page 2984 (CHAPTER 459, AB 76)κ
in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in a civil action.
(e) The parties or their counsel may by written stipulation agree that certain specified evidence may be admitted even though such evidence might otherwise be subject to objection.
2. The [Board] hearing officer may take official notice of any generally accepted information or technical or scientific matter within the field of cannabis, and of any other fact which may be judicially noticed by the courts of this State. The parties must be informed of any information, matters or facts so noticed, and must be given a reasonable opportunity, on request, to refute such information, matters or facts by evidence or by written or oral presentation of authorities, the manner of such refutation to be determined by the [Board.] hearing officer.
3. Affidavits may be received in evidence at any hearing [of the Board] before a hearing officer in accordance with the following:
(a) The party wishing to use an affidavit must, not less than 10 days before the day set for hearing, serve upon the opposing party or counsel, either personally or by registered or certified mail, a copy of the affidavit which the party proposes to introduce in evidence together with a notice as provided in paragraph (c).
(b) Unless the opposing party, within 7 days after such service, mails or delivers to the proponent a request to cross-examine the affiant, the opposing partys right to cross-examine the affiant is waived and the affidavit, if introduced in evidence, must be given the same effect as if the affiant had testified orally. If an opportunity to cross-examine an affiant is not afforded after request therefor is made in accordance with this paragraph, the affidavit may be introduced in evidence, but must be given only the same effect as other hearsay evidence.
(c) The notice referred to in paragraph (a) must be substantially in the following form:
The accompanying affidavit of (here insert name of affiant) will be introduced as evidence at the hearing set for the ........ day of the month of . of the year (Here insert name of affiant) will not be called to testify orally and you will not be entitled to question (here insert name of affiant) unless you notify the undersigned that you wish to cross-examine (here insert name of affiant). To be effective your request must be mailed or delivered to the undersigned on or before 7 days from the date this notice and the enclosed affidavit are served upon you.
(Party or Counsel)
(Address)
Sec. 18. NRS 678A.550 is hereby amended to read as follows:
678A.550 [The following procedures apply at] At all hearings [of the Board:
1. At least three members of the Board shall be present at every hearing, and they shall exercise all powers relating to the conduct of] before a hearing officer, the hearing [and shall enforce all decisions with respect thereto.
κ2025 Statutes of Nevada, Page 2985 (CHAPTER 459, AB 76)κ
2. The proceedings] officer shall cause an audio recording to be made of all oral proceedings at the hearing . The audio recording must be [reported either stenographically or by a phonographic reporter.] transcribed upon the request of any party. The party making the request shall pay all the costs for the transcription.
Sec. 19. NRS 678A.570 is hereby amended to read as follows:
678A.570 [The Board] A hearing officer may, before submission of the case for decision, permit the filing of amended or supplemental pleadings and shall notify all parties thereof, and provide a reasonable opportunity for objections thereto.
Sec. 20. NRS 678A.580 is hereby amended to read as follows:
678A.580 If any person in proceedings before a hearing officer or the Board disobeys or resists any lawful order or refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined, or is guilty of misconduct during the hearing or so near the place thereof as to obstruct the proceeding, the hearing officer or the Board may certify the facts to the district court in and for the county where the proceedings are held. The court shall thereupon issue an order directing the person to appear before the court and show cause why the person should not be punished as for contempt. The court order and a copy of the statement of the hearing officer or the Board must be served on the person cited to appear. Thereafter the court has jurisdiction of the matter, and the same proceedings must be had, the same penalties may be imposed and the person charged may purge himself or herself of the contempt in the same way as in the case of a person who has committed a contempt in the trial of a civil action before a district court.
Sec. 21. NRS 678A.590 is hereby amended to read as follows:
678A.590 1. Within 60 days after the hearing of a contested matter, the [Board] hearing officer shall render a written decision on the merits. Except as otherwise provided in subsection 5 of NRS 233B.121, the written decision must contain findings of fact and conclusions of law which are separately stated, a determination of the issues presented and the penalty to be imposed, if any. If the [Board] hearing officer determines that the licensee or registrant has violated any provision of this title or any regulation adopted pursuant thereto, the written decision must set forth the determination of the [Board] hearing officer as to whether any of the mitigating circumstances required to be considered by the [Board] hearing officer pursuant to NRS 678A.600 exist and, if so, the weight given to each mitigating circumstance in determining the appropriate action to be taken pursuant to that section. The [Board] hearing officer shall thereafter make and enter [its] a written order in conformity to [its] the decision. [No member of the Board who did not hear the evidence may vote on the decision. The affirmative votes of a majority of the whole Board are required to impose any penalty.] Copies of the decision and order must be served on the parties personally or sent to them by [registered or] certified mail. The decision is effective upon such service . [, unless the Board orders otherwise.]
2. The [Board] hearing officer may, upon motion made within 15 days after service of a decision and order, order a rehearing before the [Board] hearing officer upon such terms and conditions as it may deem just and proper if a [petition for judicial] review of the decision [and order] has not been [filed.] initiated pursuant to section 6 of this act. The motion must not be granted except upon a showing that there is additional evidence which is material and necessary and reasonably calculated to change the decision of the [Board,] hearing officer, and that sufficient reason existed for failure to present the evidence at the hearing [of] before the [Board.]
κ2025 Statutes of Nevada, Page 2986 (CHAPTER 459, AB 76)κ
material and necessary and reasonably calculated to change the decision of the [Board,] hearing officer, and that sufficient reason existed for failure to present the evidence at the hearing [of] before the [Board.] hearing officer. The motion must be supported by an affidavit of the moving party or his or her counsel showing with particularity the materiality and necessity of the additional evidence and the reason why it was not introduced at the hearing. Upon rehearing, rebuttal evidence to the additional evidence must be permitted. After rehearing, the [Board] hearing officer may modify [its] his or her decision and order as the additional evidence may warrant.
Sec. 22. NRS 678A.600 is hereby amended to read as follows:
678A.600 1. If the [Board] hearing officer finds that a licensee or registrant has violated a provision of this title or any regulation adopted pursuant thereto, the [Board] hearing officer may:
(a) Limit, condition, suspend or revoke the license or registration card of the licensee or registrant;
(b) Impose a civil penalty in an amount established by regulation, not to exceed $20,000 for a single violation;
(c) Take any combination of the actions authorized by paragraphs (a) and (b);
(d) Issue a warning to the licensee or registrant; or
(e) Take no action against the licensee or registrant.
2. In determining the appropriate action to be taken against a licensee or registrant pursuant to this section, including, without limitation, the amount of any civil penalty imposed, the [Board] hearing officer shall consider whether any of the mitigating circumstances set forth in NRS 678A.647 exist.
Sec. 23. NRS 678A.610 is hereby amended to read as follows:
678A.610 Any person aggrieved by a final decision or order of the Board made [after hearing or rehearing by the Board pursuant to NRS 678A.520 to 678A.600, inclusive, and whether or not a motion for rehearing was filed,] pursuant to section 6 of this act is entitled to judicial review of the decision or order in the manner provided by chapter 233B of NRS.
Sec. 24. NRS 678A.647 is hereby amended to read as follows:
678A.647 1. A violation of any provision of this title or any regulation adopted pursuant thereto may be mitigated by any of the following circumstances:
(a) The licensee or registrant self-reported the violation to the Board or an agent of the Board.
(b) For a violation committed by a licensee, the licensee has:
(1) Submitted to the Board a plan to correct the violation which has been approved by the Board or deemed approved pursuant to subsection 2; and
(2) Taken action to correct the violation.
(c) The licensee or registrant has made a good faith effort to prevent violations from occurring, including, without limitation, by:
(1) Providing regular training to the employees of the licensee or registrant which has been documented and which was provided before the commencement of an investigation by the [Board] Executive Director concerning the violation [;] pursuant to NRS 678A.500; or
(2) Establishing, before the commencement of an investigation by the [Board] Executive Director concerning the violation [,] pursuant to NRS 678A.500, standard operating procedures that include procedures which directly address the conduct constituting the violation.
κ2025 Statutes of Nevada, Page 2987 (CHAPTER 459, AB 76)κ
(d) The licensee or registrant has cooperated in the investigation of the violation in such a manner as to demonstrate that the licensee or registrant accepts responsibility for the violation.
(e) Any other mitigating circumstance established by the Board by regulation exists.
2. For the purposes of subparagraph (1) of paragraph (b) of subsection 1, if a licensee has submitted a plan to correct a violation and the Board does not take action to approve or reject the plan within 30 days after the date on which the plan was submitted, the plan shall be deemed to be approved by the appropriate agent of the Board.
Sec. 25. Chapter 678B of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 30, inclusive, of this act.
Sec. 26. 1. If the Board, the Executive Director or a designee of the Executive Director has reason to believe that a licensee or registrant has violated or is violating any provision of this title or the regulations adopted pursuant thereto, the Board, Executive Director or designee may issue to the person a letter of warning, a letter of concern or a nonpunitive admonishment at any time before the Board has initiated any disciplinary proceedings against the person.
2. The issuance of such a letter or admonishment:
(a) Does not preclude the Board from initiating any disciplinary proceedings against the person or taking any disciplinary action against the person based on any conduct alleged or described in the letter or admonishment or any other conduct; and
(b) Does not constitute a final decision of the Board and is not subject to judicial review.
Sec. 27. 1. Each cannabis establishment, in consultation with the Board, shall maintain an inventory control system.
2. The inventory control system required pursuant to subsection 1 must be able to monitor and report information, including, without limitation:
(a) Insofar as is practicable, the chain of custody and current whereabouts, in real time, of cannabis from the point of acquisition at a cannabis cultivation facility until it is sold at a cannabis establishment;
(b) The name of each person or cannabis establishment, or both, to which the cannabis establishment sold cannabis;
(c) The date on which the cannabis was sold and the quantity of any cannabis products sold, measured both by weight and potency; and
(d) Such other information as the Board may require.
3. Nothing in this section prohibits more than one cannabis establishment from co-owning an inventory control system in cooperation with other cannabis establishments or sharing the information obtained therefrom.
4. A cannabis establishment shall exercise reasonable care to ensure that the personal identifying information of persons which is contained in an inventory control system is encrypted, protected and not divulged for any purpose not specifically authorized by law.
Sec. 28. (Deleted by amendment.)
Sec. 29. 1. The Board shall adopt regulations establishing:
(a) Procedures pursuant to which a cannabis establishment must immediately discontinue operations and notify the Board upon becoming aware that a condition constituting a substantial hazard to the public health exists at the cannabis establishment. Such procedures must not require a cannabis establishment at which a substantial hazard to the public health exists to discontinue operations if the hazard affects a discrete area of the cannabis establishment and the Board has approved a plan to allow the cannabis establishment to continue operations in the areas of the cannabis establishment unaffected by the hazard.
κ2025 Statutes of Nevada, Page 2988 (CHAPTER 459, AB 76)κ
require a cannabis establishment at which a substantial hazard to the public health exists to discontinue operations if the hazard affects a discrete area of the cannabis establishment and the Board has approved a plan to allow the cannabis establishment to continue operations in the areas of the cannabis establishment unaffected by the hazard.
(b) Procedures and requirements for a cannabis establishment to resume operations after a substantial hazard to the public health has been found to exist at the cannabis establishment.
2. As used in this section, substantial hazard to the public health means any of the following:
(a) A fire or flood.
(b) Interruption of electrical service for more than 2 hours.
(c) Interruption of water service.
(d) Sewage backup.
(e) The misuse of poisonous or toxic materials.
(f) The onset of an apparent food-borne illness outbreak.
(g) A gross insanitary occurrence or condition.
(h) Any other occurrence or condition that may endanger the public health.
Sec. 30. 1. Whenever an agent of the Board finds a condition in the operation of a cannabis establishment which constitutes a substantial hazard to the public health as defined in section 29 of this act, the agent may, without warning, notice or hearing, issue a written order to the licensee citing the condition, specifying the corrective action to be taken and specifying the time within which the action must be taken. Except as otherwise provided in subsection 3, the order may state that the license of the cannabis establishment is immediately suspended and all operations must be immediately discontinued. Any person to whom such an order is issued shall comply with it immediately. Upon written petition to the Board, the person must be afforded a hearing before a hearing officer as soon as possible, but not later than 14 days after the date on which the order was issued unless the Board and the licensee agree in writing to a longer period.
2. Any licensee whose license has been suspended pursuant to subsection 1 may, at any time, make an application for a reinspection for reinstatement of the license. As soon as practicable, but not more than 2 business days following receipt of a written request, including a statement signed by the applicant that in the opinion of the applicant the conditions causing the suspension of the license have been corrected, the Board shall make a reinspection. If the applicant is complying with all applicable requirements of this title and the regulations adopted pursuant thereto, the license must be reinstated.
3. An order issued by an agent of the Board pursuant to subsection 1 must not order the immediate suspension of the license for the cannabis establishment and the immediate discontinuance of the operations of the cannabis establishment if the Board has approved the continued operation of the cannabis establishment or, while the agent of the Board is on the premises of the cannabis establishment:
(a) The condition is immediately corrected; or
(b) The licensee presents to the agent of the Board a plan for the continued operation of the cannabis establishment and the agent of the Board approves the plan.
κ2025 Statutes of Nevada, Page 2989 (CHAPTER 459, AB 76)κ
Sec. 31. NRS 678B.060 is hereby amended to read as follows:
678B.060 Inventory control system means a process, device or other contrivance that may be used to monitor the chain of custody of cannabis from the point of [cultivation] acquisition to the end consumer.
Sec. 32. NRS 678B.210 is hereby amended to read as follows:
678B.210 1. A person shall not engage in the business of a medical cannabis establishment unless the person holds a medical cannabis establishment license issued by the Board pursuant to this section.
2. A person who wishes to engage in the business of a medical cannabis establishment must submit to the Board an application on a form prescribed by the Board.
3. Except as otherwise provided in NRS 678B.215 to 678B.240, inclusive, not later than 90 days after receiving an application to engage in the business of a medical cannabis establishment, the Board shall register the medical cannabis establishment and issue a medical cannabis establishment license and a random 20-digit alphanumeric identification number if:
(a) The person who wishes to operate the proposed medical cannabis establishment has submitted to the Board all of the following:
(1) The application fee, as set forth in NRS 678B.390;
(2) An application, which must include:
(I) The legal name of the proposed medical cannabis establishment;
(II) The physical address where the proposed medical cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated medical cannabis establishments, the locations of which may not be on the property of an airport, within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board or, if the proposed medical cannabis establishment will be located in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed medical cannabis establishment was submitted to the Board;
(III) Evidence that the applicant controls not less than $250,000 in liquid assets to cover the initial expenses of opening the proposed medical cannabis establishment and complying with the provisions of this title;
(IV) Evidence that the applicant owns the property on which the proposed medical cannabis establishment will be located or has the written permission of the property owner to operate the proposed medical cannabis establishment on that property;
(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment, a complete set of the persons fingerprints and written permission of the person 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; and
(VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed medical cannabis establishment;
κ2025 Statutes of Nevada, Page 2990 (CHAPTER 459, AB 76)κ
(3) Operating procedures consistent with rules of the Board for oversight of the proposed medical cannabis establishment, including, without limitation:
(I) Procedures to ensure the use of adequate security measures; and
(II) The use of an electronic verification and authentication system and an inventory control system pursuant to NRS 678C.420 and [678C.430;] section 27 of this act;
(4) If the proposed medical cannabis establishment will sell or deliver medical cannabis products, proposed operating procedures for handling such products which must be preapproved by the Board;
(5) If the city or county in which the proposed medical cannabis establishment will be located has enacted zoning restrictions, proof that the proposed location is in compliance with those restrictions and satisfies all applicable building requirements; and
(6) Such other information as the Board may require by regulation;
(b) Except as otherwise provided in NRS 678B.633, none of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have been convicted of an excluded felony offense;
(c) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment have:
(1) Served as an owner, officer or board member for a cannabis establishment that has had its medical cannabis establishment license or adult-use cannabis establishment license revoked;
(2) Previously had a cannabis establishment agent registration card revoked;
(3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked; or
(4) Previously had a cannabis establishment agent registration card for a cannabis receiver revoked; and
(d) None of the persons who are proposed to be owners, officers or board members of the proposed medical cannabis establishment are under 21 years of age.
4. For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed medical cannabis establishment, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.
5. Except as otherwise provided in subsection 6 and NRS 678B.215, if an application for registration as a medical cannabis establishment satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and the establishment is not disqualified from being registered as a medical cannabis establishment pursuant to this section or other applicable law, the Board shall issue to the establishment a medical cannabis establishment license. A medical cannabis establishment license expires 1 year after the date of issuance and may be renewed upon:
(a) Submission of the information required by the Board by regulation; and
(b) Payment of the renewal fee set forth in NRS 678B.390.
κ2025 Statutes of Nevada, Page 2991 (CHAPTER 459, AB 76)κ
6. In determining whether to issue a medical cannabis establishment license pursuant to this section, the Board shall consider the criteria of merit set forth in NRS 678B.240.
7. For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed medical cannabis establishment to the closest point of the property line of a school, community facility or gaming establishment.
8. As used in this section [, community] :
(a) Community facility means:
[(a)] (1) A [facility that provides day care to children.] licensed child care facility, as defined in NRS 432A.024.
[(b)] (2) A public park.
[(c)] (3) A playground [.] , as defined in NRS 453.3345.
[(d)] (4) A public swimming pool [.] , as defined in NRS 444.065.
[(e)] (5) A [center or facility, the primary purpose of which is to provide] recreational [opportunities or services to children or adolescents.] center for youths.
[(f)] (6) A [church, synagogue or other building, structure or place used for] video arcade, as defined in NRS 453.3345.
(7) A place of religious worship . [or other religious purpose.]
(b) Place of religious worship means a church, synagogue or other building or structure that is owned and operated by a church, an integrated auxiliary of a church or a convention or association of churches that is exempt for taxation pursuant to section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), and exempt from filing an annual return pursuant to section 6033 of the Internal Revenue Code, 26 U.S.C. § 6033. The term does not include any building, structure or other place that is owned and operated by an organization that is listed on the most recent version of the Automatic Revocation of Exemption List published by the Internal Revenue Service, regardless of whether the organization identifies as a church, an integrated auxiliary of a church or a convention or association of churches.
(c) Private school has the meaning ascribed to it in NRS 394.103.
(d) Public school has the meaning ascribed to it in NRS 385.007.
(e) Recreational center for youths means a recreational facility or gymnasium which regularly provides athletic, civic or cultural activities in which more than 75 percent of the participants are persons who are less than 18 years of age.
Sec. 33. NRS 678B.215 is hereby amended to read as follows:
678B.215 1. Except as otherwise provided in this section, the Board shall not, on or after January 1, 2024, issue any additional medical cannabis establishment licenses or renew a medical cannabis establishment license pursuant to NRS 678B.210.
2. The Board may, on or after January 1, 2024:
(a) Issue a medical cannabis establishment license to an applicant pursuant to NRS 678B.210 if the proposed medical cannabis establishment will be located in a local governmental jurisdiction that is a covered jurisdiction.
(b) Renew the medical cannabis establishment license of a medical cannabis establishment pursuant to NRS 678B.210 so long as the local governmental jurisdiction in which the medical cannabis establishment is located is a covered jurisdiction.
κ2025 Statutes of Nevada, Page 2992 (CHAPTER 459, AB 76)κ
3. If a local governmental jurisdiction that is a covered jurisdiction ceases to be a covered jurisdiction, a person who holds a medical cannabis establishment license for a medical cannabis establishment located in the local governmental jurisdiction may, upon expiration of the license, submit an application to the Board for the issuance of an adult-use cannabis establishment license of the same type.
4. An application submitted pursuant to subsection 3 must:
(a) Contain the same information as required for the renewal of a medical cannabis establishment license pursuant to NRS 678B.210; and
(b) Be accompanied by a fee in an amount that is equal to the fee for the renewal of an adult-use cannabis establishment license of the same type as that of the medical cannabis establishment license which has expired, as set forth in NRS 678B.390.
5. If the Board determines that the applicant would have been eligible to renew the medical cannabis establishment license which has expired, the Board shall issue to the applicant an adult-use cannabis establishment license of the same type.
6. Except as otherwise provided in subsection 7, an adult-use cannabis establishment license issued by the Board pursuant to this section shall be deemed to be an adult-use cannabis establishment license issued by the Board pursuant to NRS 678B.250.
7. An adult-use cannabis establishment license issued by the Board pursuant to this section shall be deemed to be a medical cannabis establishment license of the same type for the purposes of NRS 678B.220, 678B.230, 678B.260 and 678B.270.
8. As used in this section [:
(a) Covered] , covered jurisdiction means a local governmental jurisdiction that has adopted local cannabis control measures which prohibit the operation of adult-use cannabis establishments in the local governmental jurisdiction.
[(b) Local governmental jurisdiction means a city or unincorporated area within a county.]
Sec. 34. NRS 678B.230 is hereby amended to read as follows:
678B.230 1. Except as otherwise provided in this subsection, in a county whose population is 100,000 or more, the Board shall ensure that not more than 25 percent of the total number of medical cannabis dispensaries that may be licensed in the county, as set forth in NRS 678B.220, are located in any one local governmental jurisdiction within the county. The Board may increase the percentage described in this subsection upon the request of the board of county commissioners of the county. The Board shall adopt regulations setting forth the requirements for granting such a request.
2. To prevent monopolistic practices, the Board shall ensure, in a county whose population is 100,000 or more, that it does not issue, to any one person, group of persons or entity, the greater of:
(a) One medical cannabis establishment license; or
(b) More than 10 percent of the medical cannabis establishment licenses otherwise allocable in the county.
[3. As used in this section, local governmental jurisdiction means a city or unincorporated area within a county.]
Sec. 35. NRS 678B.250 is hereby amended to read as follows:
678B.250 1. A person shall not engage in the business of an adult-use cannabis establishment unless the person holds an adult-use cannabis establishment license issued pursuant to this section.
κ2025 Statutes of Nevada, Page 2993 (CHAPTER 459, AB 76)κ
2. A person who wishes to engage in the business of an adult-use cannabis establishment must submit to the Board an application on a form prescribed by the Board.
3. Except as otherwise provided in NRS 678B.260, 678B.270, 678B.280, 678B.322 and 678B.324 to 678B.328, inclusive, the Board shall issue an adult-use cannabis establishment license to an applicant if:
(a) The person who wishes to operate the proposed adult-use cannabis establishment has submitted to the Board all of the following:
(1) The application fee, as set forth in NRS 678B.390;
(2) An application, which must include:
(I) The legal name of the proposed adult-use cannabis establishment;
(II) The physical address where the proposed adult-use cannabis establishment will be located and the physical address of any co-owned additional or otherwise associated adult-use cannabis establishments, the locations of which may not be on the property of an airport, within 1,000 feet of a public or private school that provides formal education traditionally associated with preschool or kindergarten through grade 12 and that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board, within 300 feet of a community facility that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board or, if the proposed adult-use cannabis establishment will be located in a county whose population is 100,000 or more, within 1,500 feet of an establishment that holds a nonrestricted gaming license described in subsection 1 or 2 of NRS 463.0177 and that existed on the date on which the application for the proposed adult-use cannabis establishment was submitted to the Board;
(III) Evidence that the applicant controls liquid assets in an amount determined by the Board to be sufficient to cover the initial expenses of opening the proposed adult-use cannabis establishment and complying with the provisions of this title;
(IV) Evidence that the applicant owns the property on which the proposed adult-use cannabis establishment will be located or has the written permission of the property owner to operate the proposed adult-use cannabis establishment on that property;
(V) For the applicant and each person who is proposed to be an owner, officer or board member of the proposed adult-use cannabis establishment, a complete set of the persons fingerprints and written permission of the person 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; and
(VI) The name, address and date of birth of each person who is proposed to be an owner, officer or board member of the proposed adult-use cannabis establishment;
(3) Operating procedures consistent with rules of the Board for oversight of the proposed adult-use cannabis establishment, including, without limitation:
(I) Procedures to ensure the use of adequate security measures; and
(II) The use of an inventory control system [;] pursuant to section 27 of this act;
κ2025 Statutes of Nevada, Page 2994 (CHAPTER 459, AB 76)κ
(4) If the proposed adult-use cannabis establishment will sell or deliver adult-use cannabis products, proposed operating procedures for handling such products which must be preapproved by the Board; and
(5) Such other information as the Board may require by regulation;
(b) Except as otherwise provided in NRS 678B.633, none of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment have been convicted of an excluded felony offense;
(c) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment have:
(1) Served as an owner, officer or board member for a cannabis establishment that has had its adult-use cannabis establishment license or medical cannabis establishment license revoked;
(2) Previously had a cannabis establishment agent registration card revoked;
(3) Previously had a cannabis establishment agent registration card for a cannabis executive revoked; or
(4) Previously had a cannabis establishment agent registration card for a cannabis receiver revoked; and
(d) None of the persons who are proposed to be owners, officers or board members of the proposed adult-use cannabis establishment are under 21 years of age.
4. For each person who submits an application pursuant to this section, and each person who is proposed to be an owner, officer or board member of a proposed adult-use cannabis establishment, the Board shall submit the fingerprints of the person to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation to determine the criminal history of that person.
5. Except as otherwise provided in subsection 6, if an applicant for licensure to operate an adult-use cannabis establishment satisfies the requirements of this section, is qualified in the determination of the Board pursuant to NRS 678B.200 and is not disqualified from being licensed pursuant to this section or other applicable law, the Board shall issue to the applicant an adult-use cannabis establishment license. An adult-use cannabis establishment license expires 1 year after the date of issuance and may be renewed upon:
(a) Submission of the information required by the Board by regulation; and
(b) Payment of the renewal fee set forth in NRS 678B.390.
6. In determining whether to issue an adult-use cannabis license pursuant to this section, the Board shall consider the criteria of merit and scoring guidelines set forth in NRS 678B.280 or 678B.324, as applicable.
7. For the purposes of sub-subparagraph (II) of subparagraph (2) of paragraph (a) of subsection 3, the distance must be measured from the front door of the proposed adult-use cannabis establishment to the closest point of the property line of a school, community facility or gaming establishment.
8. As used in this section [, community] :
(a) Community facility [means:
(a) A facility that provides day care to children.
(b) A public park.
(c) A playground.
(d) A public swimming pool.
κ2025 Statutes of Nevada, Page 2995 (CHAPTER 459, AB 76)κ
(e) A center or facility, the primary purpose of which is to provide recreational opportunities or services to children or adolescents.
(f) A church, synagogue or other building, structure or place used for religious worship or other religious purpose.] has the meaning ascribed to it in NRS 678B.210.
(b) Private school has the meaning ascribed to it in NRS 394.103.
(c) Public school has the meaning ascribed to it in NRS 385.007.
Sec. 36. NRS 678B.290 is hereby amended to read as follows:
678B.290 1. The Board shall establish standards for [and certify one or more] cannabis independent testing laboratories to:
(a) Test cannabis for adult use and adult-use cannabis products that are to be sold in this State;
(b) Test cannabis for medical use and medical cannabis products that are to be sold in this State; and
(c) In addition to the testing described in paragraph (a) or (b), test commodities or products containing hemp, as defined in NRS 557.160, or cannabidiol which are intended for human or animal consumption and sold by a cannabis establishment or a person described in NRS 446.844.
2. Such a cannabis independent testing laboratory must be able to:
(a) Determine accurately, with respect to cannabis or cannabis products that are sold or will be sold at cannabis sales facilities in this State:
(1) The concentration therein of THC and cannabidiol.
(2) The presence and identification of microbes, molds and fungi.
(3) The composition of the tested material.
(4) The presence of chemicals in the tested material, including, without limitation, pesticides, heavy metals, herbicides or growth regulators.
(5) The presence of any other substance, chemical, material or organism required by the Board by regulation.
(b) Demonstrate the validity and accuracy of the methods used by the cannabis independent testing laboratory to test cannabis and cannabis products.
3. To obtain a license to operate a cannabis independent testing laboratory, an applicant must:
(a) Apply successfully as required pursuant to NRS 678B.210 or 678B.250, as applicable.
(b) Pay the fees required pursuant to NRS 678B.390.
(c) [Agree to] Satisfy any other requirements established by the Board by regulation.
4. A cannabis independent testing laboratory shall, not more than 1 year after the date on which the cannabis independent testing laboratory is issued a license by the Board pursuant to NRS 678B.210 or 678B.250, become accredited pursuant to standard ISO/IEC 17025 of the International Organization for Standardization [within 1 year after licensure] by an impartial organization that operates in accordance with standard ISO/IEC 17011 of the International Organization for Standardization and is a signatory to the Mutual Recognition Arrangement of the International Laboratory Accreditation Cooperation.
5. The Board may adopt regulations establishing standards and procedures for the operation of a cannabis independent testing laboratory, including, without limitation, regulations setting forth requirements concerning:
(a) The construction or layout of a building used for testing cannabis and cannabis products;
κ2025 Statutes of Nevada, Page 2996 (CHAPTER 459, AB 76)κ
(b) The procedures, process, equipment, instruments, materials or supplies used for testing cannabis and cannabis products;
(c) Safety procedures to ensure that cannabis and cannabis products are protected from contamination from physical, chemical or biological hazardous materials; and
(d) The creation and retention of records by a cannabis independent testing laboratory, including, without limitation, records related to the finances of the cannabis independent testing laboratory and testing performed by the cannabis independent testing laboratory.
Sec. 37. NRS 678B.320 is hereby amended to read as follows:
678B.320 1. In a local governmental jurisdiction that issues business licenses, the issuance by the Board of a license shall be deemed to be conditional until such time as:
(a) The cannabis establishment is in compliance with all applicable local governmental ordinances or rules; [and]
(b) The local government has issued a business license for the operation of the cannabis establishment [.] ; and
(c) The cannabis establishment satisfies an inspection conducted by the Board.
2. The Board shall adopt regulations:
(a) Requiring the surrender of a conditional license if a cannabis establishment does not satisfy the requirements of subsection 1 within a period of time determined by the Board; and
(b) Authorizing a cannabis establishment to request an extension of the period of time established pursuant to paragraph (a) as a result of factors outside of the control of the cannabis establishment that cause a delay in satisfying the requirements of subsection 1.
[3. As used in this section, local governmental jurisdiction means a city or unincorporated area within a county.]
Sec. 38. NRS 678B.327 is hereby amended to read as follows:
678B.327 1. The Board shall, for each local governmental jurisdiction that limits the number of business licenses which may be issued to cannabis consumption lounges, determine the number of licenses allocated to the jurisdiction for retail cannabis consumption lounges and independent cannabis consumption lounges.
2. Not more than 50 percent of the licenses allocated by the Board pursuant to subsection 1 may be issued to retail cannabis consumption lounges.
3. Except as otherwise provided in this subsection, at least 50 percent of the licenses allocated to a local governmental jurisdiction pursuant to subsection 1 must be issued to independent cannabis consumption lounges. At least 50 percent of the licenses issued to independent cannabis consumption lounges must be issued to social equity applicants. If there are an insufficient number of social equity applicants to distribute licenses in that manner, the local governmental jurisdiction shall issue business licenses to all qualified social equity applicants and hold the remaining business licenses in reserve for future issuance to social equity applicants.
4. If the number of qualified applicants in a local governmental jurisdiction exceeds the number of licenses allocated to that jurisdiction pursuant to subsection 1, the Board shall issue adult-use cannabis establishment licenses for retail cannabis consumption lounges and independent cannabis consumption lounges in the local governmental jurisdiction to qualified applicants who are not social equity applicants using a separate lottery system for each type of license.
κ2025 Statutes of Nevada, Page 2997 (CHAPTER 459, AB 76)κ
jurisdiction to qualified applicants who are not social equity applicants using a separate lottery system for each type of license.
[5. As used in this section, local governmental jurisdiction means a city or unincorporated area within a county.]
Sec. 39. NRS 678B.510 is hereby amended to read as follows:
678B.510 1. The operating documents of a cannabis establishment must include procedures:
(a) For the oversight of the cannabis establishment; [and]
(b) To ensure accurate recordkeeping [.] ;
(c) For the training of the cannabis establishment agents who volunteer or work at, contract to provide labor to or are employed by an independent contractor to provide labor to the cannabis establishment; and
(d) Any other procedures for the operation of the cannabis establishment established by the Board by regulation.
2. Except as otherwise provided in this subsection, a cannabis establishment may have more than one entrance so long as each entrance is secure and shall implement strict security measures to deter and prevent the theft of cannabis and unauthorized entrance into areas containing cannabis. The provisions of this subsection do not supersede any state or local requirements relating to minimum numbers of points of entry or exit, or any state or local requirements relating to fire safety.
3. Except as otherwise provided in NRS 678D.400, all cultivation or production of cannabis that a cannabis cultivation facility carries out or causes to be carried out must take place in an enclosed, locked facility at the physical address provided to the Board during the licensing process for the cannabis cultivation facility. Such an enclosed, locked facility must be accessible only by cannabis establishment agents who are lawfully associated with the cannabis cultivation facility, except that limited access by persons necessary to perform construction or repairs or provide other labor is permissible if such persons are supervised by a cannabis establishment agent.
4. A cannabis establishment that is not a cannabis consumption lounge shall not allow any person to consume cannabis on the property or premises of the establishment.
5. Cannabis establishments are subject to [reasonable] inspection by the Board at any time, and a person who holds a license must make himself or herself, or a designee thereof, available and present for any inspection by the Board of the cannabis establishment.
6. Each cannabis establishment shall install a video monitoring system which must, at a minimum:
(a) Allow for the transmission and storage, by digital or analog means, of a video feed which displays the interior and exterior of the cannabis establishment; [and]
(b) Be capable of being accessed remotely by a law enforcement agency in real-time upon request [.] ; and
(c) Satisfy any other requirements established by the Board by regulation.
7. A cannabis establishment shall not dispense or otherwise sell cannabis or cannabis products from a vending machine or allow such a vending machine to be installed at the interior or exterior of the premises of the cannabis establishment. As used in this subsection, vending machine has the meaning ascribed to it in NRS 209.229.
κ2025 Statutes of Nevada, Page 2998 (CHAPTER 459, AB 76)κ
Sec. 40. NRS 678B.520 is hereby amended to read as follows:
678B.520 1. Each cannabis establishment shall, in consultation with the Board, cooperate to ensure that all cannabis products offered for sale:
(a) Are labeled clearly and unambiguously:
(1) As cannabis with the words THIS PRODUCT CONTAINS CANNABIS in bold type; and
(2) As required by the provisions of this chapter , [and] chapters 678C and 678D of NRS [.] and the regulations adopted by the Board.
(b) Are not presented in packaging that contains an anthropomorphic image or an image of a cartoon character, mascot, action figure, balloon or toy, except that such an item may appear in the logo of the cannabis production facility which produced the product.
(c) Are regulated and sold on the basis of the concentration of THC in the products and not by weight.
(d) Are packaged and labeled in such a manner as to allow tracking by way of an inventory control system.
(e) Are not packaged and labeled in a manner which is modeled after a brand of products primarily consumed by or marketed to children.
(f) Are labeled in a manner which indicates the amount of THC in the product, measured in milligrams, and includes a statement that the product contains cannabis and its potency was tested with an allowable variance of the amount determined by the Board by regulation.
(g) Are not labeled or marketed as candy.
(h) Are labeled with:
(1) The words Keep out of reach of children;
(2) A list of all ingredients used in the cannabis product;
(3) A list of all major food allergens in the cannabis product; and
(4) Any other information the Board may require by regulation.
2. A cannabis production facility shall not produce cannabis products in any form that:
(a) Is or appears to be a lollipop.
(b) Bears the likeness or contains characteristics of a real or fictional person, animal or fruit, including, without limitation, a caricature, cartoon or artistic rendering.
(c) Contains an anthropomorphic image.
(d) Is modeled after a brand of products primarily consumed by or marketed to children.
[(d)] (e) Is made by applying concentrated cannabis, as defined in NRS 453.042, to a commercially available candy or snack food item other than dried fruit, nuts or granola.
3. A cannabis production facility shall:
(a) Seal any cannabis product that consists of cookies or brownies in a bag or other container which is not transparent.
(b) Maintain a hand washing area with hot water, soap and disposable towels which is located away from any area in which cannabis products are cooked or otherwise prepared.
(c) Require each person who handles cannabis products to restrain his or her hair, wear clean clothing and keep his or her fingernails neatly trimmed.
(d) Package all cannabis products produced by the cannabis production facility on the premises of the cannabis production facility.
4. A cannabis establishment shall not engage in advertising that in any way makes cannabis or cannabis products appeal to children, including, without limitation, advertising which uses an anthropomorphic image or an image of a cartoon character, mascot, action figure, balloon, fruit or toy.
κ2025 Statutes of Nevada, Page 2999 (CHAPTER 459, AB 76)κ
without limitation, advertising which uses an anthropomorphic image or an image of a cartoon character, mascot, action figure, balloon, fruit or toy.
5. Each cannabis sales facility shall offer for sale containers for the storage of cannabis and cannabis products which lock and are designed to prohibit children from unlocking and opening the container.
6. A cannabis sales facility shall:
(a) Convey to each purchaser of cannabis or cannabis products the following information in a manner prescribed by the Board:
(1) To keep cannabis and cannabis products out of the reach of children;
(2) That cannabis products can cause severe illness in children;
(3) That allowing children to ingest cannabis or cannabis products or storing cannabis or cannabis products in a location which is accessible to children may result in an investigation by an agency which provides child welfare services or criminal prosecution for child abuse or neglect;
(4) That the intoxicating effects of edible cannabis products may be delayed by 2 hours or more and users of edible cannabis products should initially ingest a small amount of the product, then wait at least 120 minutes before ingesting any additional amount of the product;
(5) That pregnant women should consult with a physician before ingesting cannabis or cannabis products;
(6) That ingesting cannabis or cannabis products with alcohol or other drugs, including prescription medication, may result in unpredictable levels of impairment and that a person should consult with a physician before doing so;
(7) That cannabis or cannabis products can impair concentration, coordination and judgment and a person should not operate a motor vehicle while under the influence of cannabis or cannabis products; and
(8) That ingestion of any amount of cannabis or cannabis products before driving may result in criminal prosecution for driving under the influence.
(b) Enclose all cannabis and cannabis products in opaque, child-resistant packaging upon sale.
7. A cannabis sales facility shall allow any person who is at least 21 years of age to enter the premises of the cannabis sales facility.
8. If the health authority, as defined in NRS 446.050, where a cannabis production facility, cannabis sales facility or cannabis consumption lounge which sells edible cannabis products is located requires persons who handle food at a food establishment to obtain certification, the cannabis production facility, cannabis sales facility or cannabis consumption lounge shall ensure that at least one employee maintains such certification.
9. A cannabis production facility may sell a commodity or product made using hemp, as defined in NRS 557.160, or containing cannabidiol to a cannabis sales facility.
10. In addition to any other product authorized by the provisions of this title, a cannabis sales facility may sell:
(a) Any commodity or product made using hemp, as defined in NRS 557.160;
(b) Any commodity or product containing cannabidiol with a THC concentration of not more than 0.3 percent; and
(c) Any other product specified by regulation of the Board.
κ2025 Statutes of Nevada, Page 3000 (CHAPTER 459, AB 76)κ
11. A cannabis establishment:
(a) Shall not engage in advertising which contains any statement or illustration that:
(1) Is false or misleading;
(2) Promotes overconsumption of cannabis or cannabis products;
(3) Depicts the actual consumption of cannabis or cannabis products; or
(4) Depicts a child or other person who is less than 21 years of age consuming cannabis or cannabis products or objects suggesting the presence of a child, including, without limitation, toys, characters or cartoons, or contains any other depiction which is designed in any manner to be appealing to or encourage consumption of cannabis or cannabis products by a person who is less than 21 years of age.
(b) Shall not advertise in any publication or on radio, television or any other medium if 30 percent or more of the audience of that medium is reasonably expected to be persons who are less than 21 years of age.
(c) Shall not place an advertisement:
(1) Within 1,000 feet of a public or private school, playground, public park or library, but may maintain such an advertisement if it was initially placed before the school, playground, public park or library was located within 1,000 feet of the location of the advertisement;
(2) On or inside of a motor vehicle used for public transportation or any shelter for public transportation;
(3) At a sports event to which persons who are less than 21 years of age are allowed entry; or
(4) At an entertainment event if it is reasonably estimated that 30 percent or more of the persons who will attend that event are less than 21 years of age.
(d) Shall not advertise or offer any cannabis or cannabis product as free or donated without a purchase.
(e) Shall ensure that all advertising by the cannabis establishment contains such warnings as may be prescribed by the Board, which must include, without limitation, the following words:
(1) Keep out of reach of children; and
(2) For use only by adults 21 years of age and older.
(f) Shall ensure that all advertising by the cannabis establishment contains:
(1) The name of the cannabis establishment; and
(2) Except as otherwise provided in subsection 12, the adult-use cannabis establishment license number or medical cannabis establishment license number of the cannabis establishment or any other unique identifier assigned to the cannabis establishment by the Board.
12. A cannabis establishment that holds more than one license may satisfy the requirement set forth in subparagraph (2) of paragraph (f) of subsection 11 if the cannabis establishment includes in all advertising conducted by the cannabis establishment:
(a) Any one of the adult-use cannabis establishment license numbers or medical cannabis establishment license numbers of the cannabis establishment; or
(b) Any one unique identifier assigned to the cannabis establishment by the Board.
13. Nothing in subsection 11 shall be construed to prohibit a local government, pursuant to chapter 244, 268 or 278 of NRS, from adopting an ordinance for the regulation of advertising relating to cannabis which is more restrictive than the provisions of subsection 11 relating to:
κ2025 Statutes of Nevada, Page 3001 (CHAPTER 459, AB 76)κ
ordinance for the regulation of advertising relating to cannabis which is more restrictive than the provisions of subsection 11 relating to:
(a) The number, location and size of signs, including, without limitation, any signs carried or displayed by a natural person;
(b) Handbills, pamphlets, cards or other types of advertisements that are distributed [,] to the general public, excluding an advertisement placed in a newspaper of general circulation, trade publication or other form of print media;
(c) Any stationary or moving display that is located on or near the premises of a cannabis establishment; and
(d) The content of any advertisement used by a cannabis establishment if the ordinance sets forth specific prohibited content for such an advertisement.
14. If a cannabis establishment engages in advertising for which it is required to determine the percentage of persons who are less than 21 years of age and who may reasonably be expected to view or hear the advertisement, the cannabis establishment shall maintain documentation for not less than 5 years after the date on which the advertisement is first broadcasted, published or otherwise displayed that demonstrates the manner in which the cannabis establishment determined the reasonably expected age of the audience for that advertisement.
15. To the extent that they are inconsistent or otherwise conflict with the regulations adopted by the Board pursuant to NRS 678D.480, the requirements of this section pertaining to cannabis products do not apply to ready-to-consume cannabis products prepared and sold by a cannabis consumption lounge.
16. In addition to any other penalties provided for by law, the Board may impose a civil penalty upon a cannabis establishment that violates the provisions of subsection 11 or 14 as follows:
(a) For the first violation in the immediately preceding 2 years, a civil penalty not to exceed $1,250.
(b) For the second violation in the immediately preceding 2 years, a civil penalty not to exceed $2,500.
(c) For the third violation in the immediately preceding 2 years, a civil penalty not to exceed $5,000.
(d) For the fourth violation in the immediately preceding 2 years, a civil penalty not to exceed $10,000.
17. As used in this section [, motor] :
(a) Anthropomorphic image means any image, including, without limitation, a caricature, cartoon or artistic rendering, in which human characteristics are attributed to an animal, plant or other object or which uses similar anthropomorphic techniques.
(b) Motor vehicle used for public transportation does not include a taxicab, as defined in NRS 706.124.
Sec. 41. NRS 678B.530 is hereby amended to read as follows:
678B.530 1. A person shall not:
(a) Advertise the sale of cannabis or cannabis products by the person; [or]
(b) Sell, offer to sell or appear to sell cannabis or cannabis products or allow the submission of an order for cannabis or cannabis products [,] ; or
(c) Advertise as a cannabis sales facility or cannabis consumption lounge,
κ2025 Statutes of Nevada, Page 3002 (CHAPTER 459, AB 76)κ
Κ unless the person holds [an adult-use cannabis establishment license or a medical cannabis establishment] the appropriate type of license [.] which authorizes the person to sell cannabis or cannabis products or engage in the business of a cannabis sales facility or cannabis consumption lounge, as applicable.
2. A local government shall not regulate the content of an advertisement for the sale of cannabis or cannabis products unless the local government adopts an ordinance setting forth such regulations.
Sec. 42. NRS 678B.600 is hereby amended to read as follows:
678B.600 1. An employee of the State Department of Agriculture or the Board or an attorney who represents the Department or Board who, in the course of his or her duties:
(a) Possesses, delivers or produces cannabis;
(b) Aids and abets another in the possession, delivery or production of cannabis;
(c) Performs any combination of the acts described in paragraphs (a) and (b); or
(d) Performs any other criminal offense in which the possession, delivery or production of cannabis is an element,
Κ is exempt from state prosecution for the offense. The persons described in this subsection must ensure that the cannabis described in this subsection is safeguarded in an enclosed, secure location.
2. In addition to the provisions of subsection 1, no person may be subject to state prosecution for constructive possession, conspiracy or any other criminal offense solely for being in the presence or vicinity of the cannabis in accordance with the provisions of this title.
3. As used in this section, cannabis includes, without limitation, cannabis products.
Sec. 43. (Deleted by amendment.)
Sec. 44. NRS 678C.420 is hereby amended to read as follows:
678C.420 1. Each medical cannabis establishment, in consultation with the Board, shall maintain an electronic verification and authentication system.
2. The electronic verification and authentication system required pursuant to subsection 1 must be able to monitor and report information, including, without limitation:
(a) In the case of a medical cannabis dispensary, for each person who holds a valid registry identification card and who purchased cannabis from the dispensary in the immediately preceding 60-day period:
(1) The number of the card;
(2) The date on which the card was issued; and
(3) The date on which the card will expire.
(b) For each cannabis establishment agent who is employed by or volunteers at the medical cannabis establishment, the number of the persons cannabis establishment agent registration card.
(c) In the case of a medical cannabis dispensary, such information as may be required by the Board by regulation regarding persons who are not residents of this State and who have purchased cannabis from the dispensary [.] in the immediately preceding 120-day period. Such information may include, without limitation, any information relating to any document issued to a person who is not a resident of this State by the state in which the person is a resident which identifies the person as exempt from state prosecution for engaging in the medical use of cannabis in that state.
κ2025 Statutes of Nevada, Page 3003 (CHAPTER 459, AB 76)κ
(d) Verification of the identity of a person to whom cannabis or medical cannabis products are sold or otherwise distributed.
(e) Such other information as the Board may require.
3. Nothing in this section prohibits more than one medical cannabis establishment from co-owning an electronic verification and authentication system in cooperation with other medical cannabis establishments, or sharing the information obtained therefrom.
4. A medical cannabis establishment must exercise reasonable care to ensure that the personal identifying information of persons who hold registry identification cards which is contained in an electronic verification and authentication system is encrypted, protected and not divulged for any purpose not specifically authorized by law.
Sec. 45. NRS 678C.430 is hereby amended to read as follows:
678C.430 1. [Each medical cannabis establishment, in consultation with the Board, shall maintain an inventory control system.
2. The inventory control system required pursuant to subsection 1 must be able to monitor and report information, including, without limitation:
(a) Insofar as is practicable, the chain of custody and current whereabouts, in real time, of cannabis from the point that it is harvested at a cannabis cultivation facility until it is sold at a medical cannabis dispensary and, if applicable, medical cannabis production facility;
(b) The name of each person or other medical cannabis establishment, or both, to which the establishment sold cannabis;
(c) In the case of a medical cannabis dispensary, the date on which it sold cannabis to a person who holds a registry identification card and, if any, the quantity of medical cannabis products sold, measured both by weight and potency; and
(d) Such other information as the Board may require.
3. Nothing in this section prohibits more than one medical cannabis establishment from co-owning an inventory control system in cooperation with other medical cannabis establishments, or sharing the information obtained therefrom.
4. A medical cannabis establishment must exercise reasonable care to ensure that the personal identifying information of persons who hold registry identification cards which is contained in an inventory control system is encrypted, protected and not divulged for any purpose not specifically authorized by law.
5.] If a medical cannabis establishment is operated by a dual licensee, the medical cannabis establishment may:
(a) For the purpose of tracking cannabis for medical use, maintain a combined inventory with an adult-use cannabis establishment operated by the dual licensee; and
(b) For the purpose of reporting on the inventory of the medical cannabis establishment operated by the dual licensee, maintain a combined inventory with an adult-use cannabis establishment operated by the dual licensee and report the combined inventory under [a single medical cannabis establishment license or] the adult-use cannabis establishment license.
[6.] 2. If a medical cannabis establishment is operated by a dual licensee, the medical cannabis establishment shall:
(a) For the purpose of reporting on the sales of any medical cannabis establishment or adult-use cannabis establishment operated by the dual licensee, designate each sale as a sale pursuant to the provisions of this chapter or chapter 678D of NRS in its inventory control system at the point of sale; and
κ2025 Statutes of Nevada, Page 3004 (CHAPTER 459, AB 76)κ
licensee, designate each sale as a sale pursuant to the provisions of this chapter or chapter 678D of NRS in its inventory control system at the point of sale; and
(b) Verify that each person who purchases cannabis or cannabis products in a sale designated as a sale pursuant to the provisions of this chapter holds a valid registry identification card.
Sec. 46. (Deleted by amendment.)
Sec. 47. NRS 678D.005 is hereby amended to read as follows:
678D.005 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 678D.010 [to 678D.040, inclusive,] , 678D.020 and 678D.030 have the meanings ascribed to them in those sections.
Sec. 48. NRS 678D.420 is hereby amended to read as follows:
678D.420 1. An adult-use edible cannabis product or an adult-use cannabis-infused product must be labeled in a manner which indicates the number of servings of THC in the product, measured in servings of a maximum of 10 milligrams per serving.
2. An adult-use cannabis product must be sold in a single package. A single package must not contain:
(a) More than [1 ounce] 2.5 ounces of usable cannabis [or one-eighth of an ounce] or 3,500 milligrams of concentrated cannabis.
(b) For an adult-use cannabis product sold as a capsule, more than 100 milligrams of THC per capsule or more than [800] 1,000 milligrams of THC per package.
(c) For an adult-use cannabis product sold as a tincture, more than [800] 1,000 milligrams of THC.
(d) For an adult-use edible cannabis product, more than 100 milligrams of THC.
(e) For an adult-use cannabis product sold as a topical product, a concentration of more than 6 percent THC or more than [800] 2,500 milligrams of THC per package.
(f) For an adult-use cannabis product sold as a suppository or transdermal patch, more than 100 milligrams of THC per suppository or transdermal patch or more than [800] 1,000 milligrams of THC per package.
(g) For any other adult-use cannabis product, more than [800] 1,000 milligrams of THC.
3. To the extent that they are inconsistent or otherwise conflict with the regulations adopted by the Board pursuant to NRS 678D.480, the requirements of this section do not apply to a ready-to-consume cannabis product prepared and sold by a cannabis consumption lounge.
Sec. 49. NRS 678D.430 is hereby amended to read as follows:
678D.430 1. If an adult-use cannabis establishment is operated by a dual licensee, the adult-use cannabis establishment may:
(a) For the purpose of tracking cannabis, maintain a combined inventory with a medical cannabis establishment operated by the dual licensee; and
(b) For the purpose of reporting on the inventory of the adult-use cannabis establishment, maintain a combined inventory with a medical cannabis establishment operated by the dual licensee and report the combined inventory under [a single medical cannabis license or] the adult-use cannabis license.
2. If a cannabis establishment is operated by a dual licensee, the cannabis establishment shall:
κ2025 Statutes of Nevada, Page 3005 (CHAPTER 459, AB 76)κ
(a) For the purpose of reporting on the sales of any adult-use cannabis establishment or medical cannabis establishment operated by the dual licensee, designate each sale as a sale pursuant to the provisions of this chapter or chapter 678C of NRS; and
(b) Verify that each person who purchases cannabis or cannabis products in a sale designated as a sale pursuant to the provisions of chapter 678C of NRS holds a valid registry identification card.
3. An adult-use cannabis retail store shall not sell cannabis or cannabis products through the use of, or accept a sale of cannabis or cannabis products from, a third party, intermediary business, broker or any other business that does not hold an adult-use cannabis establishment license.
4. An adult-use cannabis retail store may contract with a third party or intermediary business to deliver cannabis or cannabis products only if:
(a) Every sale of cannabis or cannabis products which is delivered by the third party or intermediary business is made directly from the adult-use cannabis retail store or an Internet website, digital network or software application service of the adult-use cannabis retail store;
(b) The third party or intermediary business does not advertise that it sells, offers to sell or appears to sell cannabis or cannabis products or allows the submission of an order for cannabis or cannabis products;
(c) In addition to any other requirements imposed by the Board by regulation, the name of the adult-use cannabis retail store and all independent contractors who perform deliveries on behalf of the adult-use cannabis retail store has been published on the Internet website of the Board; and
(d) The delivery is made by a cannabis establishment agent who is authorized to make the delivery by the adult-use cannabis retail store by which he or she is employed.
Sec. 50. (Deleted by amendment.)
Sec. 51. NRS 202.2483 is hereby amended to read as follows:
202.2483 1. Except as otherwise provided in [subsection] subsections 3 [,] and 4, smoking in any form is prohibited within indoor places of employment including, but not limited to, the following:
(a) Child care facilities;
(b) Movie theatres;
(c) Video arcades;
(d) Government buildings and public places;
(e) Malls and retail establishments;
(f) All areas of grocery stores; and
(g) All indoor areas within restaurants.
2. Without exception, smoking in any form is prohibited within school buildings and on school property.
3. Smoking is not prohibited in:
(a) Areas within casinos where loitering by minors is already prohibited by state law pursuant to NRS 463.350;
(b) Completely enclosed areas with stand-alone bars, taverns and saloons in which patrons under 21 years of age are prohibited from entering;
(c) Age-restricted stand-alone bars, taverns and saloons;
(d) Strip clubs or brothels;
(e) Retail tobacco stores;
(f) The area of a convention facility in which a meeting or trade show is being held, during the time the meeting or trade show is occurring, if the meeting or trade show:
κ2025 Statutes of Nevada, Page 3006 (CHAPTER 459, AB 76)κ
(1) Is not open to the public;
(2) Is being produced or organized by a business relating to tobacco or a professional association for convenience stores; and
(3) Involves the display of tobacco products; and
(g) Private residences, including private residences which may serve as an office workplace, except if used as a child care, an adult day care or a health care facility.
4. The smoking of cannabis in accordance with the provisions of title 56 of NRS and the regulations adopted pursuant thereto is not prohibited in a cannabis consumption lounge.
5. A supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon shall not allow a person who is under 21 years of age to loiter in an age-restricted stand-alone bar, tavern or saloon or an area of a stand-alone bar, tavern or saloon where smoking is allowed pursuant to this section. A person who violates the provisions of this subsection is guilty of a misdemeanor.
[5.] 6. If a supervisor on duty or employee of an age-restricted stand-alone bar, tavern or saloon or a stand-alone bar, tavern or saloon violates the provisions of subsection [4,] 5, the age-restricted stand-alone bar, tavern or saloon or stand-alone bar, tavern or saloon is liable for a civil penalty of:
(a) For the first offense, $1,000.
(b) For a second or subsequent offense, $2,000.
[6.] 7. In any prosecution or other proceeding for a violation of the provisions of subsection [4 or] 5 [,] or 6, it is no excuse for a supervisor, employee, age-restricted bar, tavern or saloon, or stand-alone bar, tavern or saloon alleged to have committed the violation to plead that a supervisor or employee believed that the person who was permitted to loiter was 21 years of age or older.
[7.] 8. In areas or establishments where smoking is not prohibited by this section, nothing in state law shall be construed to prohibit the owners of said establishments from voluntarily creating nonsmoking sections or designating the entire establishment as smoke free.
[8.] 9. Nothing in state law shall be construed to restrict local control or otherwise prohibit a county, city or town from adopting and enforcing local smoking control measures that meet or exceed the minimum applicable standards set forth in this section.
[9.] 10. No Smoking signs or the international No Smoking symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited by this section. Each public place and place of employment where smoking is prohibited shall post, at every entrance, a conspicuous sign clearly stating that smoking is prohibited. All ashtrays and other smoking paraphernalia shall be removed from any area where smoking is prohibited.
[10.] 11. Health authorities, police officers of cities or towns, sheriffs and their deputies shall, within their respective jurisdictions, enforce the provisions of this section and shall issue citations for violations of this section pursuant to NRS 202.2492 and 202.24925.
[11.] 12. No person or employer shall retaliate against an employee, applicant or customer for exercising any rights afforded by, or attempts to prosecute a violation of, this section.
[12.] 13. For the purposes of this section, the following terms have the following definitions:
κ2025 Statutes of Nevada, Page 3007 (CHAPTER 459, AB 76)κ
(a) Age-restricted stand-alone bar, tavern or saloon means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(3) In which patrons under 21 years of age are prohibited at all times from entering the premises; and
(4) That must be located within:
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplace where smoking is prohibited by this section; or
(II) A completely enclosed area of a larger structure, which may include, without limitation, a strip mall or an airport, provided that indoor windows must remain closed at all times and doors must remain closed when not actively in use.
(b) Cannabis has the meaning ascribed to it in NRS 678A.085.
(c) Cannabis consumption lounge has the meaning ascribed to it in NRS 678A.087.
(d) Casino means an entity that contains a building or large room devoted to gambling games or wagering on a variety of events. A casino must possess a nonrestricted gaming license as described in NRS 463.0177 and typically uses the word casino as part of its proper name.
[(c)] (e) Child care facility has the meaning ascribed to it in NRS 441A.030.
[(d)] (f) Completely enclosed area means an area that is enclosed on all sides by any combination of solid walls, windows or doors that extend from the floor to the ceiling.
[(e)] (g) Government 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; or
(3) Any county, city, school district or other political subdivision of the State and used for any public purpose.
[(f)] (h) Health authority has the meaning ascribed to it in NRS 202.2485.
[(g)] (i) Incidental food service or sales means the service of prepackaged food items including, but not limited to, peanuts, popcorn, chips, pretzels or any other incidental food items that are exempt from food licensing requirements pursuant to subsection 2 of NRS 446.870.
[(h)] (j) Place of employment means any enclosed area under the control of a public or private employer which employees frequent during the course of employment including, but not limited to, work areas, restrooms, hallways, employee lounges, cafeterias, conference and meeting rooms, lobbies and reception areas.
[(i)] (k) Public places means any enclosed areas to which the public is invited or in which the public is permitted.
[(j)] (l) Restaurant means a business which gives or offers for sale food, with or without alcoholic beverages, to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere.
κ2025 Statutes of Nevada, Page 3008 (CHAPTER 459, AB 76)κ
[(k)] (m) Retail tobacco store means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.
[(l)] (n) School building means all buildings on the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
[(m)] (o) School property means the grounds of any public school described in NRS 388.020 and any private school as defined in NRS 394.103.
[(n)] (p) Smoking means inhaling, exhaling, burning or carrying any liquid or heated cigar, cigarette or pipe or any other lighted or heated tobacco or plant product intended for inhalation, in any manner or in any form. The term includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, and the use of any oral smoking device. As used in this paragraph, electronic smoking device:
(1) Means any product containing or delivering nicotine, a product made or derived from tobacco or any other substance intended for human consumption that can be used by a person to simulate smoking in the delivery of nicotine or any other substance through inhalation of vapor or aerosol from the product.
(2) Includes any component part of a product described in subparagraph (1), regardless of whether the component part is sold separately.
(3) Does not include any product regulated by the United States Food and Drug Administration pursuant to Subchapter V of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. §§ 352 et seq.
[(o)] (q) Stand-alone bar, tavern or saloon means an establishment:
(1) Devoted primarily to the sale of alcoholic beverages to be consumed on the premises;
(2) In which food service or sales may or may not be incidental food service or sales, in the discretion of the operator of the establishment;
(3) In which smoke from such establishments does not infiltrate into areas where smoking is prohibited under the provisions of this section; and
(4) That must be housed in either:
(I) A physically independent building that does not share a common entryway or indoor area with a restaurant, public place or any other indoor workplaces where smoking is prohibited by this section; or
(II) A completely enclosed area of a larger structure, such as a strip mall or an airport, provided that indoor windows must remain shut at all times and doors must remain closed when not actively in use.
[(p)] (r) Video arcade has the meaning ascribed to it in paragraph (d) of subsection 3 of NRS 453.3345.
[13.] 14. Any statute or regulation inconsistent with this section is null and void.
[14.] 15. The provisions of this section are severable. If any provision of this section or the application thereof is declared by a court of competent jurisdiction to be invalid or unconstitutional, such declaration shall not affect the validity of the section as a whole or any provision thereof other than the part declared to be invalid or unconstitutional.
Sec. 52. NRS 223.250 is hereby amended to read as follows:
223.250 1. The Governor or his or her designee may enter into one or more agreements with tribal governments in this State to efficiently coordinate the cross-jurisdictional administration of the laws of this State and the laws of tribal governments relating to the use of cannabis.
κ2025 Statutes of Nevada, Page 3009 (CHAPTER 459, AB 76)κ
the laws of tribal governments relating to the use of cannabis. Such an agreement may include, without limitation, provisions relating to:
(a) Criminal and civil law enforcement;
(b) Regulatory issues relating to the possession, delivery, production, processing or use of cannabis or cannabis products;
(c) Medical and pharmaceutical research involving cannabis;
(d) The administration of laws relating to taxation;
(e) Any immunity, preemption or conflict of law relating to the possession, delivery, production, processing, transportation or use of cannabis or cannabis products; and
(f) The resolution of any disputes between a tribal government and this State, which may include, without limitation, the use of mediation or other nonjudicial processes.
2. An agreement entered into pursuant to this section must:
(a) Provide for the preservation of public health and safety;
(b) Ensure the security of cannabis establishments and the corresponding facilities on tribal land; and
(c) Establish provisions regulating business involving cannabis which passes between tribal land and non-tribal land in this State.
3. Any information received pursuant to the terms of an agreement entered into pursuant to this section by a governmental entity from a tribal government or a facility engaged in cannabis activities operating on tribal land which relates to cannabis or a cannabis product that is not sold or transferred to a cannabis establishment remains the property of the tribal government, is not a public record within the meaning of NRS 239.010 and must be kept confidential by the governmental entity.
4. As used in this section:
(a) Cannabis has the meaning ascribed to it in NRS 678A.085.
(b) Cannabis establishment has the meaning ascribed to it in NRS 678A.095.
(c) Cannabis products has the meaning ascribed to it in NRS 678A.120.
(d) Governmental entity has the meaning ascribed to it in NRS 239.005.
(e) Tribal government means a federally recognized American Indian tribe pursuant to 25 C.F.R. §§ 83.1 to [83.13,] 83.12, inclusive.
Sec. 53. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 223.250, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.
κ2025 Statutes of Nevada, Page 3010 (CHAPTER 459, AB 76)κ
218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 223.250, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.
κ2025 Statutes of Nevada, Page 3011 (CHAPTER 459, AB 76)κ
645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
κ2025 Statutes of Nevada, Page 3012 (CHAPTER 459, AB 76)κ
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 54. NRS 239.0115 is hereby amended to read as follows:
239.0115 1. Except as otherwise provided in this subsection and subsection 3, notwithstanding any provision of law that has declared a public book or record, or a part thereof, to be confidential, if a public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years, a person may apply to the district court of the county in which the governmental entity that currently has legal custody or control of the public book or record is located for an order directing that governmental entity to allow the person to inspect or copy the public book or record, or a part thereof. If the public book or record pertains to a natural person, a person may not apply for an order pursuant to this subsection until the public book or record has been in the legal custody or control of one or more governmental entities for at least 30 years or until the death of the person to whom the public book or record pertains, whichever is later.
2. There is a rebuttable presumption that a person who applies for an order as described in subsection 1 is entitled to inspect or copy the public book or record, or a part thereof, that the person seeks to inspect or copy.
3. The provisions of subsection 1 do not apply to any book or record:
(a) Declared confidential pursuant to NRS 463.120 [.] or 678A.470.
(b) Containing personal information pertaining to a victim of crime that has been declared by law to be confidential.
Sec. 54.3. 1. The Cannabis Advisory Commission created by NRS 678A.300 shall create a subcommittee to conduct a study concerning the potential regulation by the Cannabis Compliance Board of consumable hemp products and the potential restriction of the conducting of sales of such products only to persons licensed by the Board and, for a consumable hemp product that is a beverage, persons who have obtained any license or permit required to sell alcoholic beverages. The study must include, without limitation:
(a) A review of existing state laws and local ordinances governing consumable hemp products;
(b) A review of and recommendations concerning matters relating to the enforcement of restrictions against the sale of consumable hemp products with a THC concentration that exceeds the maximum THC concentration established by the State Department of Agriculture for hemp, including, without limitation:
(1) Recommendations for actions that may be taken by state and local agencies to enforce such restrictions, including, without limitation, the issuance of cease and desist orders, the imposition of civil and criminal penalties and the use of other tools to enforce such restrictions; and
(2) An identification and recommendations for the closure of gaps in the enforcement of such restrictions, including, without limitation, gaps in the legal authority of state and local agencies to enforce such restrictions and gaps in the enforcement of such restrictions in the context of sales conducted in person and through the Internet and with respect to sales of consumable hemp products that contain delta-8-tetrahydrocannabinol, other derivatives of tetrahydrocannabinol or synthetic cannabinoids;
κ2025 Statutes of Nevada, Page 3013 (CHAPTER 459, AB 76)κ
(c) Recommendations for requirements for the testing, packaging and labeling of consumable hemp products, including, without limitation, standardized warning labels concerning any psychoactive effects, impairment risks, allergens and drug interactions;
(d) A review of federal laws and regulations governing consumable hemp products and the distribution of such products in interstate commerce and recommendations for the implementation of safeguards to ensure that this State complies with any such laws and regulations;
(e) An examination of the adequacy of age restrictions and point-of-sale controls concerning the sale of consumable hemp products, including, without limitation, an examination of the effectiveness of practices for the verification of the age of a purchaser of such a product both for an in-person sale and for a sale through the Internet;
(f) Recommendations for requirements for the potency of a consumable hemp product and the serving size of a consumable hemp product, including, without limitation, the maximum allowable milligrams of cannabinoids for each such product or for each serving of such a product;
(g) Recommendations for the creation of a market surveillance and reporting system concerning consumable hemp products, which must include, without limitation:
(1) A centralized registry of consumable hemp products and manufacturers and retailers of such products; and
(2) A system for tracking complaints of consumers, recalls of consumer hemp products and adverse health events involving consumer hemp products;
(h) An examination of and recommendations concerning issues relating to the retail sale of consumable hemp products that are beverages, including, without limitation:
(1) The classification of such products under state law;
(2) Standards for the testing, packaging and labeling of such products;
(3) Restrictions on marketing and advertising for such products;
(4) Practices for the verification of the age of a purchaser of such a product, both for in-person sales and sales through the Internet;
(5) Practices for the effective coordination between state and local agencies who are responsible for matters relating to such products; and
(6) The taxation of such products; and
(i) An examination of any other issues relating to consumable hemp products that the Commission determines to be appropriate.
2. On or before November 9, 2026, the Cannabis Advisory Commission shall submit a report of its findings, including, without limitation, any recommendations for legislation, to:
(a) The Joint Interim Standing Committee on the Judiciary; and
(b) The Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Nevada Legislature.
3. As used in this section:
(a) Consumable hemp product means hemp, as defined in NRS 557.160, a commodity or product containing hemp or any other commodity or product that purports to contain cannabidiol that:
(1) Has a THC concentration that does not exceed the maximum THC concentration for hemp established by the State Department of Agriculture; and
κ2025 Statutes of Nevada, Page 3014 (CHAPTER 459, AB 76)κ
(2) Is intended for human consumption by ingestion or inhalation or for topical application to the skin or hair of a human.
Κ The term does not include a commodity or product that contains only an approved hemp component, as defined in NRS 446.844, and no other hemp.
(b) Hemp has the meaning ascribed to it in NRS 557.160.
Sec. 54.7. 1. The Cannabis Advisory Commission created by NRS 678A.300 shall create a subcommittee to conduct a study concerning the taxation of cannabis and cannabis products in this State. The study must include, without limitation:
(a) An assessment of the potential effects of:
(1) The elimination of the excise taxes imposed by subsections 1 and 2 of NRS 372A.290 coupled with an increase to the amount of the excise tax imposed by subsection 3 of NRS 372A.290.
(2) The imposition of an excise tax on retail sales of consumable hemp products, as defined in section 54.3 of this act.
(3) Other changes that may be made, in a manner that is at least revenue neutral to the State Education Fund, to the manner in which cannabis and cannabis products are taxed in this State.
(b) For each change for which an assessment is conducted pursuant to paragraph (a), consideration of:
(1) The potential impact of the change on the price of cannabis and cannabis products at retail;
(2) Changes to the manner in which the cannabis and cannabis products are regulated which may be necessary if the change were to be implemented;
(3) The financial impact of the change on persons who engage in the medical and adult use of cannabis and on holders of medical and adult-use cannabis establishment licenses;
(4) The impact of the change on the unlicensed cannabis market and the hemp market; and
(5) The projected long-term impact of the change on the State Education Fund.
2. On or before October 5, 2026, the Cannabis Advisory Commission shall submit a report of its findings, including, without limitation, any recommendations for legislation, to:
(a) The Joint Interim Standing Committee on Revenue; and
(b) The Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Nevada Legislature.
Sec. 55. The amendatory provisions of sections 5, 6 and 13 to 23, inclusive, of this act apply to any judicial or administrative proceedings commenced on or after the effective date of this act.
Sec. 56. NRS 678C.060, 678C.100 and 678D.040 are hereby repealed.
Sec. 57. This act becomes effective upon passage and approval.
________
κ2025 Statutes of Nevada, Page 3015κ
Assembly Bill No. 108Assemblymembers Jauregui and Yeager
CHAPTER 460
[Approved: June 10, 2025]
AN ACT making an appropriation to the Outdoor Education and Recreation Grant Program Account for carrying out the Outdoor Education and Recreation Grant Program; and providing other matters properly relating thereto.
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. There is hereby appropriated from the State General Fund to the Outdoor Education and Recreation Grant Program Account created by NRS 407A.615 for carrying out the Outdoor Education and Recreation Grant Program created by NRS 407A.605 the following sums:
For the Fiscal Year 2025-2026.................................................... $250,000
For the Fiscal Year 2026-2027.................................................... $250,000
Sec. 2. This act becomes effective on July 1, 2025.
________
Assembly Bill No. 163Assemblymember Hafen
CHAPTER 461
[Approved: June 10, 2025]
AN ACT relating to mental health; ratifying and entering into the Counseling Compact; authorizing the sharing of certain information with the coordinated database and reporting system created by the Compact; providing licensed professional counselors practicing in this State under the Compact with the same legal status as clinical professional counselors who are licensed in this State; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law regulates the practice of licensed professional counselors, known as clinical professional counselors, in this State. (Chapter 641A of NRS) Section 1 of this bill ratifies and enters into the Counseling Compact, which is an interstate compact that allows a person who is licensed as a licensed professional counselor in a state that is a member of the Compact to practice as a licensed professional counselor in other states that are members of the Compact. In order to practice as a licensed professional counselor under the Compact, the Compact requires a licensed professional counselor to: (1) hold a license in his or her home state; (2) have a valid social security number or National Practitioner Identifier; (3) notify the Counseling Compact Commission, a joint public agency established by the Compact, that he or she is seeking to practice under the Compact in another state; (4) have had no encumbrances or restrictions placed against any license or authority to practice under the Compact within the previous 2 years; (5) pay any applicable fees; (6) meet any requirements for continuing education established by his or her home state; (7) meet any requirement in the state in which he or she seeks to practice under the Compact to pass an assessment of his or her knowledge of the applicable laws and rules of that state; and (8) report any adverse action taken against him or her or any encumbrance or restriction placed upon him or her in a non-member state within 30 days after the date of the adverse action or the placement of the encumbrance or restriction, as applicable.
κ2025 Statutes of Nevada, Page 3016 (CHAPTER 461, AB 163)κ
the Compact within the previous 2 years; (5) pay any applicable fees; (6) meet any requirements for continuing education established by his or her home state; (7) meet any requirement in the state in which he or she seeks to practice under the Compact to pass an assessment of his or her knowledge of the applicable laws and rules of that state; and (8) report any adverse action taken against him or her or any encumbrance or restriction placed upon him or her in a non-member state within 30 days after the date of the adverse action or the placement of the encumbrance or restriction, as applicable. The Compact also requires a member state to authorize a professional counselor who is licensed in a member state to provide counseling services via telehealth to a patient located in any member state under rules prescribed by the Commission. The Compact authorizes a member state to take certain adverse actions against a licensed professional counselor practicing within that member state under the Compact. The Compact requires the Commission, among other duties, to: (1) establish bylaws; (2) make rules that facilitate and coordinate implementation and administration of the Compact; (3) hold meetings, which may be closed to the public under certain conditions; (4) develop, maintain and use a coordinated database and reporting system; and (5) resolve disputes related to the Compact among states that are members of the Compact. The Commission is additionally authorized to levy and collect an annual assessment from each state that is a member of the Compact.
Section 2 of this bill authorizes the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to disclose certain investigatory information to the Commission and the coordinated database and reporting system when required by the Compact. Sections 1 and 4 of this bill provide for the confidentiality of certain information disclosed to the Board from the coordinated database and reporting system.
Section 3 of this bill deems practicing as a licensed professional counselor under the Compact to be equivalent to practicing as a clinical professional counselor under a license issued by the Board.
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 641A of NRS is hereby amended by adding thereto a new section to read as follows:
The Counseling Compact is hereby ratified and entered into with all other jurisdictions legally joining the Compact, in substantially the form set forth in this section:
COUNSELING COMPACT
SECTION 1. PURPOSE
The purpose of this Compact is to facilitate interstate practice of Licensed Professional Counselors with the goal of improving public access to Professional Counseling services. The practice of Professional Counseling occurs in the State where the client is located at the time of the counseling services. The Compact preserves the regulatory authority of States to protect public health and safety through the current system of State licensure.
This Compact is designed to achieve the following objectives:
A. Increase public access to Professional Counseling services by providing for the mutual recognition of other Member State licenses;
κ2025 Statutes of Nevada, Page 3017 (CHAPTER 461, AB 163)κ
B. Enhance the States ability to protect the publics health and safety;
C. Encourage the cooperation of Member States in regulating multistate practice for Licensed Professional Counselors;
D. Support spouses of relocating Active Duty Military personnel;
E. Enhance the exchange of licensure, investigative, and disciplinary information among Member States;
F. Allow for the use of Telehealth technology to facilitate increased access to Professional Counseling services;
G. Support the uniformity of Professional Counseling licensure requirements throughout the States to promote public safety and public health benefits;
H. Invest all Member States with the authority to hold a Licensed Professional Counselor accountable for meeting all State practice laws in the State in which the client is located at the time care is rendered through the mutual recognition of Member State licenses;
I. Eliminate the necessity for licenses in multiple States; and
J. Provide opportunities for interstate practice by Licensed Professional Counselors who meet uniform licensure requirements.
SECTION 2. DEFINITIONS
As used in this Compact, and except as otherwise provided, the following definitions shall apply:
A. Active Duty Military means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.
B. Adverse Action means any administrative, civil, equitable or criminal action permitted by a States laws which is imposed by a licensing board or other authority against a Licensed Professional Counselor, including actions against an individuals license or Privilege to Practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensees practice, or any other Encumbrance on licensure affecting a Licensed Professional Counselors authorization to practice, including issuance of a cease and desist action.
C. Alternative Program means a non-disciplinary monitoring or practice remediation process approved by a Professional Counseling Licensing Board to address Impaired Practitioners.
D. Continuing Competence/Education means a requirement, as a condition of license renewal, to provide evidence of participation in, and/or completion of, educational and professional activities relevant to practice or area of work.
E. Counseling Compact Commission or Commission means the national administrative body whose membership consists of all States that have enacted the Compact.
F. Current Significant Investigative Information means:
1. Investigative Information that a Licensing Board, after a preliminary inquiry that includes notification and an opportunity for the Licensed Professional Counselor to respond, if required by State law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or
κ2025 Statutes of Nevada, Page 3018 (CHAPTER 461, AB 163)κ
2. Investigative Information that indicates that the Licensed Professional Counselor represents an immediate threat to public health and safety regardless of whether the Licensed Professional Counselor has been notified and had an opportunity to respond.
G. Data System means a repository of information about Licensees, including, but not limited to, continuing education, examination, licensure, investigative, Privilege to Practice and Adverse Action information.
H. Encumbered License means a license in which an Adverse Action restricts the practice of licensed Professional Counseling by the Licensee and said Adverse Action has been reported to the National Practitioners Data Bank (NPDB).
I. Encumbrance means a revocation or suspension of, or any limitation on, the full and unrestricted practice of Licensed Professional Counseling by a Licensing Board.
J. Executive Committee means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.
K. Home State means the Member State that is the Licensees primary State of residence.
L. Impaired Practitioner means an individual who has a condition(s) that may impair their ability to practice as a Licensed Professional Counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical impairments.
M. Investigative Information means information, records, and documents received or generated by a Professional Counseling Licensing Board pursuant to an investigation.
N. Jurisprudence Requirement if required by a Member State, means the assessment of an individuals knowledge of the laws and Rules governing the practice of Professional Counseling in a State.
O. Licensed Professional Counselor means a counselor licensed by a Member State, regardless of the title used by that State, to independently assess, diagnose, and treat behavioral health conditions.
P. Licensee means an individual who currently holds an authorization from the State to practice as a Licensed Professional Counselor.
Q. Licensing Board means the agency of a State, or equivalent, that is responsible for the licensing and regulation of Licensed Professional Counselors.
R. Member State means a State that has enacted the Compact.
S. Privilege to Practice means a legal authorization, which is equivalent to a license, permitting the practice of Professional Counseling in a Remote State.
T. Professional Counseling means the assessment, diagnosis, and treatment of behavioral health conditions by a Licensed Professional Counselor.
U. Remote State means a Member State other than the Home State, where a Licensee is exercising or seeking to exercise the Privilege to Practice.
κ2025 Statutes of Nevada, Page 3019 (CHAPTER 461, AB 163)κ
V. Rule means a regulation promulgated by the Commission that has the force of law.
W. Single State License means a Licensed Professional Counselor license issued by a Member State that authorizes practice only within the issuing State and does not include a Privilege to Practice in any other Member State.
X. State means any state, commonwealth, district, or territory of the United States of America that regulates the practice of Professional Counseling.
Y. Telehealth means the application of telecommunication technology to deliver Professional Counseling services remotely to assess, diagnose, and treat behavioral health conditions.
Z. Unencumbered License means a license that authorizes a Licensed Professional Counselor to engage in the full and unrestricted practice of Professional Counseling.
SECTION 3. STATE PARTICIPATION IN THE COMPACT
A. To Participate in the Compact, a State must currently:
1. License and regulate Licensed Professional Counselors;
2. Require Licensees to pass a nationally recognized exam approved by the Commission;
3. Require Licensees to have a 60 semester-hour (or 90 quarter-hour) masters degree in counseling or 60 semester-hours (or 90 quarter-hours) of graduate course work including the following topic areas:
a. Professional Counseling Orientation and Ethical Practice;
b. Social and Cultural Diversity;
c. Human Growth and Development;
d. Career Development;
e. Counseling and Helping Relationships;
f. Group Counseling and Group Work;
g. Diagnosis and Treatment; Assessment and Testing;
h. Research and Program Evaluation; and
i. Other areas as determined by the Commission.
4. Require Licensees to complete a supervised postgraduate professional experience as defined by the Commission; and
5. Have a mechanism in place for receiving and investigating complaints about Licensees.
B. A Member State shall:
1. Participate fully in the Commissions Data System, including using the Commissions unique identifier as defined in Rules;
2. Notify the Commission, in compliance with the terms of the Compact and Rules, of any Adverse Action or the availability of Investigative Information regarding a Licensee;
3. Implement or utilize procedures for considering the criminal history records of applicants for an initial Privilege to Practice. These procedures shall include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicants criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that States criminal records;
κ2025 Statutes of Nevada, Page 3020 (CHAPTER 461, AB 163)κ
a. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.
b. Communication between a Member State, the Commission and among Member States regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a Member State under Public Law 92-544.
4. Comply with the Rules of the Commission;
5. Require an applicant to obtain or retain a license in the Home State and meet the Home States qualifications for licensure or renewal of licensure, as well as all other applicable State laws;
6. Grant the Privilege to Practice to a Licensee holding a valid Unencumbered License in another Member State in accordance with the terms of the Compact and Rules; and
7. Provide for the attendance of the States commissioner to the Counseling Compact Commission meetings.
C. Member States may charge a fee for granting the Privilege to Practice.
D. Individuals not residing in a Member State shall continue to be able to apply for a Member States Single State License as provided under the laws of each Member State. However, the Single State License granted to these individuals shall not be recognized as granting a Privilege to Practice Professional Counseling in any other Member State.
E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.
F. A license issued to a Licensed Professional Counselor by a Home State to a resident in that State shall be recognized by each Member State as authorizing a Licensed Professional Counselor to practice Professional Counseling, under a Privilege to Practice, in each Member State.
SECTION 4. PRIVILEGE TO PRACTICE
A. To exercise the Privilege to Practice under the terms and provisions of the Compact, the Licensee shall:
1. Hold a license in the Home State;
2. Have a valid United States Social Security Number or National Practitioner Identifier;
3. Be eligible for a Privilege to Practice in any Member State in accordance with Section 4(D), (G) and (H);
4. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years;
5. Notify the Commission that the Licensee is seeking the Privilege to Practice within a Remote State(s);
6. Pay any applicable fees, including any State fee, for the Privilege to Practice;
7. Meet any Continuing Competence/Education requirements established by the Home State;
8. Meet any Jurisprudence Requirements established by the Remote State(s) in which the Licensee is seeking a Privilege to Practice; and
κ2025 Statutes of Nevada, Page 3021 (CHAPTER 461, AB 163)κ
9. Report to the Commission any Adverse Action, Encumbrance, or restriction on license taken by any non-Member State within 30 days from the date the action is taken.
B. The Privilege to Practice is valid until the expiration date of the Home State license. The Licensee must comply with the requirements of Section 4(A) to maintain the Privilege to Practice in the Remote State.
C. A Licensee providing Professional Counseling in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.
D. A Licensee providing Professional Counseling services in a Remote State is subject to that States regulatory authority. A Remote State may, in accordance with due process and that States laws, remove a Licensees Privilege to Practice in the Remote State for a specific period of time, impose fines, and/or take any other necessary actions to protect the health and safety of its citizens. The Licensee may be ineligible for a Privilege to Practice in any Member State until the specific time for removal has passed and all fines are paid.
E. If a Home State license is encumbered, the Licensee shall lose the Privilege to Practice in any Remote State until the following occur:
1. The Home State license is no longer encumbered; and
2. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years.
F. Once an Encumbered License in the Home State is restored to good standing, the Licensee must meet the requirements of Section 4(A) to obtain a Privilege to Practice in any Remote State.
G. If a Licensees Privilege to Practice in any Remote State is removed, the individual may lose the Privilege to Practice in all other Remote States until the following occur:
1. The specific period of time for which the Privilege to Practice was removed has ended;
2. All fines have been paid; and
3. Have not had any Encumbrance or restriction against any license or Privilege to Practice within the previous two (2) years.
H. Once the requirements of Section 4(G) have been met, the Licensee must meet the requirements in Section 4(A) to obtain a Privilege to Practice in a Remote State.
SECTION 5. OBTAINING A NEW HOME STATE LICENSE
BASED ON A PRIVILEGE TO PRACTICE
A. A Licensed Professional Counselor may hold a Home State license, which allows for a Privilege to Practice in other Member States, in only one Member State at a time.
B. If a Licensed Professional Counselor changes primary State of residence by moving between two Member States:
1. The Licensed Professional Counselor shall file an application for obtaining a new Home State license based on a Privilege to Practice, pay all applicable fees, and notify the current and new Home State in accordance with applicable Rules adopted by the Commission.
κ2025 Statutes of Nevada, Page 3022 (CHAPTER 461, AB 163)κ
2. Upon receipt of an application for obtaining a new Home State license by virtue of a Privilege to Practice, the new Home State shall verify that the Licensed Professional Counselor meets the pertinent criteria outlined in Section 4 via the Data System, without need for primary source verification except for:
a. A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92-544;
b. Other criminal background check as required by the new Home State; and
c. Completion of any requisite Jurisprudence Requirements of the new Home State.
3. The former Home State shall convert the former Home State license into a Privilege to Practice once the new Home State has activated the new Home State license in accordance with applicable Rules adopted by the Commission.
4. Notwithstanding any other provision of this Compact, if the Licensed Professional Counselor cannot meet the criteria in Section 4, the new Home State may apply its requirements for issuing a new Single State License.
5. The Licensed Professional Counselor shall pay all applicable fees to the new Home State in order to be issued a new Home State license.
C. If a Licensed Professional Counselor changes Primary State of Residence by moving from a Member State to a non-Member State, or from a non-Member State to a Member State, the State criteria shall apply for issuance of a Single State License in the new State.
D. Nothing in this Compact shall interfere with a Licensees ability to hold a Single State License in multiple States, however for the purposes of this Compact, a Licensee shall have only one Home State license.
E. Nothing in this Compact shall affect the requirements established by a Member State for the issuance of a Single State License.
SECTION 6. ACTIVE DUTY MILITARY
PERSONNEL OR THEIR SPOUSES
Active Duty Military personnel, or their spouse, shall designate a Home State where the individual has a current license in good standing. The individual may retain the Home State designation during the period the service member is on active duty. Subsequent to designating a Home State, the individual shall only change their Home State through application for licensure in the new State, or through the process outlined in Section 5.
SECTION 7. COMPACT PRIVILEGE
TO PRACTICE TELEHEALTH
A. Member States shall recognize the right of a Licensed Professional Counselor, licensed by a Home State in accordance with Section 3 and under Rules promulgated by the Commission, to practice Professional Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission.
κ2025 Statutes of Nevada, Page 3023 (CHAPTER 461, AB 163)κ
Counseling in any Member State via Telehealth under a Privilege to Practice as provided in the Compact and Rules promulgated by the Commission.
B. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations of the Remote State.
SECTION 8. ADVERSE ACTIONS
A. In addition to the other powers conferred by State law, a Remote State shall have the authority, in accordance with existing State due process law, to:
1. Take Adverse Action against a Licensed Professional Counselors Privilege to Practice within that Member State, and
2. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a Licensing Board in a Member State for the attendance and testimony of witnesses or the production of evidence from another Member State shall be enforced in the latter State by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the State in which the witnesses or evidence are located.
3. Only the Home State shall have the power to take Adverse Action against a Licensed Professional Counselors license issued by the Home State.
B. For purposes of taking Adverse Action, the Home State shall give the same priority and effect to reported conduct received from a Member State as it would if the conduct had occurred within the Home State. In so doing, the Home State shall apply its own State laws to determine appropriate action.
C. The Home State shall complete any pending investigations of a Licensed Professional Counselor who changes primary State of residence during the course of the investigations. The Home State shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the Data System. The administrator of the coordinated licensure information system shall promptly notify the new Home State of any Adverse Actions.
D. A Member State, if otherwise permitted by State law, may recover from the affected Licensed Professional Counselor the costs of investigations and dispositions of cases resulting from any Adverse Action taken against that Licensed Professional Counselor.
E. A Member State may take Adverse Action based on the factual findings of the Remote State, provided that the Member State follows its own procedures for taking the Adverse Action.
F. Joint Investigations:
1. In addition to the authority granted to a Member State by its respective Professional Counseling practice act or other applicable State law, any Member State may participate with other Member States in joint investigations of Licensees.
κ2025 Statutes of Nevada, Page 3024 (CHAPTER 461, AB 163)κ
2. Member States shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.
G. If Adverse Action is taken by the Home State against the license of a Licensed Professional Counselor, the Licensed Professional Counselors Privilege to Practice in all other Member States shall be deactivated until all Encumbrances have been removed from the State license. All Home State disciplinary orders that impose Adverse Action against the license of a Licensed Professional Counselor shall include a Statement that the Licensed Professional Counselors Privilege to Practice is deactivated in all Member States during the pendency of the order.
H. If a Member State takes Adverse Action, it shall promptly notify the administrator of the Data System. The administrator of the Data System shall promptly notify the Home State of any Adverse Actions by Remote States.
I. Nothing in this Compact shall override a Member States decision that participation in an Alternative Program may be used in lieu of Adverse Action.
SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION
A. The Compact Member States hereby create and establish a joint public agency known as the Counseling Compact Commission.
1. The Commission is an instrumentality of the Compact States.
2. Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.
3. Nothing in this Compact shall be construed to be a waiver of sovereign immunity.
B. Membership, Voting, and Meetings
1. Each Member State shall have and be limited to one (1) delegate selected by that Member States Licensing Board.
2. The delegate shall be either:
a. A current member of the Licensing Board at the time of appointment, who is a Licensed Professional Counselor or public member; or
b. An administrator of the Licensing Board.
3. Any delegate may be removed or suspended from office as provided by the law of the State from which the delegate is appointed.
4. The Member State Licensing Board shall fill any vacancy occurring on the Commission within 60 days.
5. Each delegate shall be entitled to one (1) vote with regard to the promulgation of Rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.
6. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates participation in meetings by telephone or other means of communication.
κ2025 Statutes of Nevada, Page 3025 (CHAPTER 461, AB 163)κ
7. The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.
8. The Commission shall by Rule establish a term of office for delegates and may by Rule establish term limits.
C. The Commission shall have the following powers and duties:
1. Establish the fiscal year of the Commission;
2. Establish bylaws;
3. Maintain its financial records in accordance with the bylaws;
4. Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;
5. Promulgate Rules which shall be binding to the extent and in the manner provided for in the Compact;
6. Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any State Licensing Board to sue or be sued under applicable law shall not be affected;
7. Purchase and maintain insurance and bonds;
8. Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a Member State;
9. Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commissions personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;
10. Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety and/or conflict of interest;
11. Lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, real, personal or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;
12. Sell convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;
13. Establish a budget and make expenditures;
14. Borrow money;
15. Appoint committees, including standing committees composed of members, State regulators, State legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;
16. Provide and receive information from, and cooperate with, law enforcement agencies;
17. Establish and elect an Executive Committee; and
18. Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the State regulation of Professional Counseling licensure and practice.
D. The Executive Committee
1. The Executive Committee shall have the power to act on behalf of the Commission according to the terms of this Compact.
2. The Executive Committee shall be composed of up to eleven (11) members:
κ2025 Statutes of Nevada, Page 3026 (CHAPTER 461, AB 163)κ
a. Seven (7) voting members who are elected by the Commission from the current membership of the Commission; and
b. Up to four (4) ex-officio, nonvoting members from four (4) recognized national professional counselor organizations.
c. The ex-officio members will be selected by their respective organizations.
3. The Commission may remove any member of the Executive Committee as provided in bylaws.
4. The Executive Committee shall meet at least annually.
5. The Executive Committee shall have the following duties and responsibilities:
a. Recommend to the entire Commission changes to the Rules or bylaws, changes to this Compact legislation, fees paid by Compact Member States such as annual dues, and any Commission Compact fee charged to Licensees for the Privilege to Practice;
b. Ensure Compact administration services are appropriately provided, contractual or otherwise;
c. Prepare and recommend the budget;
d. Maintain financial records on behalf of the Commission;
e. Monitor Compact compliance of Member States and provide compliance reports to the Commission;
f. Establish additional committees as necessary; and
g. Other duties as provided in Rules or bylaws.
E. Meetings of the Commission
1. All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the Rulemaking provisions in Section 11.
2. The Commission or the Executive Committee or other committees of the Commission may convene in a closed, non-public meeting if the Commission or Executive Committee or other committees of the Commission must discuss:
a. Non-compliance of a Member State with its obligations under the Compact;
b. The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the Commissions internal personnel practices and procedures;
c. Current, threatened, or reasonably anticipated litigation;
d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;
e. Accusing any person of a crime or formally censuring any person;
f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;
g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
h. Disclosure of investigative records compiled for law enforcement purposes;
i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or
κ2025 Statutes of Nevada, Page 3027 (CHAPTER 461, AB 163)κ
j. Matters specifically exempted from disclosure by federal or Member State statute.
3. If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commissions legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.
4. The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.
F. Financing of the Commission
1. The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.
2. The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.
3. The Commission may levy on and collect an annual assessment from each Member State or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a Rule binding upon all Member States.
4. The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the Member States, except by and with the authority of the Member State.
5. The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.
G. Qualified Immunity, Defense, and Indemnification
1. The members, officers, executive director, employees and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.
κ2025 Statutes of Nevada, Page 3028 (CHAPTER 461, AB 163)κ
2. The Commission shall defend any member, officer, executive director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that persons intentional or willful or wanton misconduct.
3. The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.
SECTION 10. DATA SYSTEM
A. The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, Adverse Action, and Investigative Information on all licensed individuals in Member States.
B. Notwithstanding any other provision of State law to the contrary, a Member State shall submit a uniform data set to the Data System on all individuals to whom this Compact is applicable as required by the Rules of the Commission, including:
1. Identifying information;
2. Licensure data;
3. Adverse Actions against a license or Privilege to Practice;
4. Non-confidential information related to Alternative Program participation;
5. Any denial of application for licensure, and the reason(s) for such denial;
6. Current Significant Investigative Information; and
7. Other information that may facilitate the administration of this Compact, as determined by the Rules of the Commission.
C. Investigative Information pertaining to a Licensee in any Member State will only be available to other Member States.
D. The Commission shall promptly notify all Member States of any Adverse Action taken against a Licensee or an individual applying for a license. Adverse Action information pertaining to a Licensee in any Member State will be available to any other Member State.
E. Member States contributing information to the Data System may designate information that may not be shared with the public without the express permission of the contributing State.
κ2025 Statutes of Nevada, Page 3029 (CHAPTER 461, AB 163)κ
F. Any information submitted to the Data System that is subsequently required to be expunged by the laws of the Member State contributing the information shall be removed from the Data System.
SECTION 11. RULEMAKING
A. The Commission shall promulgate reasonable Rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its Rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect.
B. The Commission shall exercise its Rulemaking powers pursuant to the criteria set forth in this Section and the Rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each Rule or amendment.
C. If a majority of the legislatures of the Member States rejects a Rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the Rule, then such Rule shall have no further force and effect in any Member State.
D. Rules or amendments to the Rules shall be adopted at a regular or special meeting of the Commission.
E. Prior to promulgation and adoption of a final Rule or Rules by the Commission, and at least thirty (30) days in advance of the meeting at which the Rule will be considered and voted upon, the Commission shall file a Notice of Proposed Rulemaking:
1. On the website of the Commission or other publicly accessible platform; and
2. On the website of each Member State Professional Counseling Licensing Board or other publicly accessible platform or the publication in which each State would otherwise publish proposed Rules.
F. The Notice of Proposed Rulemaking shall include:
1. The proposed time, date, and location of the meeting in which the Rule will be considered and voted upon;
2. The text of the proposed Rule or amendment and the reason for the proposed Rule;
3. A request for comments on the proposed Rule from any interested person; and
4. The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.
G. Prior to adoption of a proposed Rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.
H. The Commission shall grant an opportunity for a public hearing before it adopts a Rule or amendment if a hearing is requested by:
1. At least twenty-five (25) persons;
2. A State or federal governmental subdivision or agency; or
3. An association having at least twenty-five (25) members.
I. If a hearing is held on the proposed Rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.
κ2025 Statutes of Nevada, Page 3030 (CHAPTER 461, AB 163)κ
hearing. If the hearing is held via electronic means, the Commission shall publish the mechanism for access to the electronic hearing.
1. All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.
2. Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.
3. All hearings will be recorded. A copy of the recording will be made available on request.
4. Nothing in this Section shall be construed as requiring a separate hearing on each Rule. Rules may be grouped for the convenience of the Commission at hearings required by this Section.
J. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.
K. If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed Rule without a public hearing.
L. The Commission shall, by majority vote of all members, take final action on the proposed Rule and shall determine the effective date of the Rule, if any, based on the Rulemaking record and the full text of the Rule.
M. Upon determination that an emergency exists, the Commission may consider and adopt an emergency Rule without prior notice, opportunity for comment, or hearing, provided that the usual Rulemaking procedures provided in the Compact and in this Section shall be retroactively applied to the Rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the Rule. For the purposes of this provision, an emergency Rule is one that must be adopted immediately in order to:
1. Meet an imminent threat to public health, safety, or welfare;
2. Prevent a loss of Commission or Member State funds;
3. Meet a deadline for the promulgation of an administrative Rule that is established by federal law or Rule; or
4. Protect public health and safety.
N. The Commission or an authorized committee of the Commission may direct revisions to a previously adopted Rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a Rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.
κ2025 Statutes of Nevada, Page 3031 (CHAPTER 461, AB 163)κ
SECTION 12. OVERSIGHT, DISPUTE
RESOLUTION, AND ENFORCEMENT
A. Oversight
1. The executive, legislative, and judicial branches of State government in each Member State shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compacts purposes and intent. The provisions of this Compact and the Rules promulgated hereunder shall have standing as statutory law.
2. All courts shall take judicial notice of the Compact and the Rules in any judicial or administrative proceeding in a Member State pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.
3. The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated Rules.
B. Default, Technical Assistance, and Termination
1. If the Commission determines that a Member State has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated Rules, the Commission shall:
a. Provide written notice to the defaulting State and other Member States of the nature of the default, the proposed means of curing the default and/or any other action to be taken by the Commission; and
b. Provide remedial training and specific technical assistance regarding the default.
C. If a State in default fails to cure the default, the defaulting State may be terminated from the Compact upon an affirmative vote of a majority of the Member States, and all rights, privileges and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending State of obligations or liabilities incurred during the period of default.
D. Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting States legislature, and each of the Member States.
E. A State that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.
F. The Commission shall not bear any costs related to a State that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting State.
G. The defaulting State may appeal the action of the Commission by petitioning the U.S. District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.
κ2025 Statutes of Nevada, Page 3032 (CHAPTER 461, AB 163)κ
H. Dispute Resolution
1. Upon request by a Member State, the Commission shall attempt to resolve disputes related to the Compact that arise among Member States and between member and non-Member States.
2. The Commission shall promulgate a Rule providing for both mediation and binding dispute resolution for disputes as appropriate.
I. Enforcement
1. The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and Rules of this Compact.
2. By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a Member State in default to enforce compliance with the provisions of the Compact and its promulgated Rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorneys fees.
3. The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or State law.
SECTION 13. DATE OF IMPLEMENTATION
OF THE COUNSELING COMPACT
COMMISSION AND ASSOCIATED RULES,
WITHDRAWAL, AND AMENDMENT
A. The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth Member State. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of Rules. Thereafter, the Commission shall meet and exercise Rulemaking powers necessary to the implementation and administration of the Compact.
B. Any State that joins the Compact subsequent to the Commissions initial adoption of the Rules shall be subject to the Rules as they exist on the date on which the Compact becomes law in that State. Any Rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that State.
C. Any Member State may withdraw from this Compact by enacting a statute repealing the same.
1. A Member States withdrawal shall not take effect until six (6) months after enactment of the repealing statute.
2. Withdrawal shall not affect the continuing requirement of the withdrawing States Professional Counseling Licensing Board to comply with the investigative and Adverse Action reporting requirements of this act prior to the effective date of withdrawal.
D. Nothing contained in this Compact shall be construed to invalidate or prevent any Professional Counseling licensure agreement or other cooperative arrangement between a Member State and a non-Member State that does not conflict with the provisions of this Compact.
κ2025 Statutes of Nevada, Page 3033 (CHAPTER 461, AB 163)κ
E. This Compact may be amended by the Member States. No amendment to this Compact shall become effective and binding upon any Member State until it is enacted into the laws of all Member States.
SECTION 14. CONSTRUCTION AND SEVERABILITY
This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence or provision of this Compact is declared to be contrary to the constitution of any Member State or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any Member State, the Compact shall remain in full force and effect as to the remaining Member States and in full force and effect as to the Member State affected as to all severable matters.
SECTION 15. BINDING EFFECT OF
COMPACT AND OTHER LAWS
A. A Licensee providing Professional Counseling services in a Remote State under the Privilege to Practice shall adhere to the laws and regulations, including scope of practice, of the Remote State.
B. Nothing herein prevents the enforcement of any other law of a Member State that is not inconsistent with the Compact.
C. Any laws in a Member State in conflict with the Compact are superseded to the extent of the conflict.
D. Any lawful actions of the Commission, including all Rules and bylaws properly promulgated by the Commission, are binding upon the Member States.
E. All permissible agreements between the Commission and the Member States are binding in accordance with their terms.
F. In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any Member State, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that Member State.
Sec. 2. NRS 641A.191 is hereby amended to read as follows:
641A.191 1. Except as otherwise provided in this section and NRS 239.0115, and section 1 of this act, any records or information obtained during the course of an investigation by the Board and any record of the investigation are confidential.
2. The 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.
3. This section does not prohibit the Board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency.
κ2025 Statutes of Nevada, Page 3034 (CHAPTER 461, AB 163)κ
Sec. 3. The preliminary chapter of NRS is hereby amended by adding thereto a new section to read as follows:
Except as otherwise expressly provided in a particular statute or required by the context, privilege to practice as a licensed professional counselor in this State under the Counseling Compact ratified and entered into in section 1 of this act shall be deemed to be equivalent to a license to practice as a clinical professional counselor issued by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors pursuant to chapter 641A of NRS.
Sec. 4. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.
κ2025 Statutes of Nevada, Page 3035 (CHAPTER 461, AB 163)κ
432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
κ2025 Statutes of Nevada, Page 3036 (CHAPTER 461, AB 163)κ
diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.
4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.
5. An officer, employee or agent of a governmental entity who has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
Sec. 5. This act becomes effective on January 1, 2026.
________
κ2025 Statutes of Nevada, Page 3037κ
Assembly Bill No. 169Assemblymember Yeager
CHAPTER 462
[Approved: June 10, 2025]
AN ACT relating to insurance; establishing the applicability of provisions requiring policies of health insurance to include certain coverage; requiring that certain health insurance policies and health plans include coverage for certain forms of speech-language pathology as treatment for stuttering for persons who are less than 26 years of age; prohibiting certain limitations on such coverage; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires public and private policies of health insurance and health plans regulated under Nevada law to include certain coverage. (NRS 287.010, 287.04335, 422.27172-422.272428, 689A.04033-689A.0465, 689B.0303-689B.0379, 689C.1652-689C.169, 689C.194, 689C.1945, 689C.195, 689C.425, 695A.184-695A.1875, 695A.265, 695B.1901-695B.1948, 695C.050, 695C.1691-695C.176, 695G.162-695G.177) Existing law also requires employers to provide certain benefits for health care to employees, including the coverage required of health insurers, if the employer provides health benefits for its employees. (NRS 608.1555) Sections 2.3 and 4.3 of this bill provide that certain provisions requiring a policy of individual or group health insurance to include certain coverage are inapplicable to a policy that only provides coverage for a specified disease or illness or that only provides a limited benefit.
Sections 2.7, 4.7-10, 12, 12.5, 14 and 16 of this bill require that certain public and private policies of health insurance and health plans, including Medicaid but excluding the Public Employees Benefits Program, include coverage for habilitative and rehabilitative speech-language pathology as a treatment for stuttering for persons who are less than 26 years of age. Sections 1, 2.7, 4.7-10, 12, 14 and 16 of this bill additionally prohibit an insurer from imposing a maximum annual limit on the coverage, limiting coverage based on the cause of the stuttering or imposing medical management techniques on those benefits. 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 3 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 sections 2.3 and 2.7. Section 11 of this bill authorizes the Commissioner to suspend or revoke the certificate of a health maintenance organization that fails to comply with the requirements of section 9. The Commissioner would also be authorized to take such action against other health insurers who fail to comply with the requirements of sections 2.7, 4.7-8 or 12. (NRS 680A.200)
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.225 is hereby amended to read as follows:
687B.225 1. Except as otherwise provided in NRS 689A.0405, 689A.0412, 689A.0413, 689A.0418, 689A.0437, 689A.044, 689A.0445, 689A.0459, 689B.031, 689B.0312, 689B.0313, 689B.0315, 689B.0317, 689B.0319, 689B.0374, 689B.0378, 689C.1665, 689C.1671, 689C.1675, 689C.1676, 695A.1843, 695A.1856, 695A.1865, 695A.1874, 695B.1912, 695B.1913, 695B.1914, 695B.1919, 695B.19197, 695B.1924, 695B.1925, 695B.
κ2025 Statutes of Nevada, Page 3038 (CHAPTER 462, AB 169)κ
689B.0319, 689B.0374, 689B.0378, 689C.1665, 689C.1671, 689C.1675, 689C.1676, 695A.1843, 695A.1856, 695A.1865, 695A.1874, 695B.1912, 695B.1913, 695B.1914, 695B.1919, 695B.19197, 695B.1924, 695B.1925, 695B.1942, 695C.1696, 695C.1699, 695C.1713, 695C.1735, 695C.1737, 695C.1743, 695C.1745, 695C.1751, 695G.170, 695G.1705, 695G.171, 695G.1714, 695G.1715, 695G.1719 , [and] 695G.177, and sections 2.7, 4.7, 5, 7, 8, 9 and 12 of this act, any contract for group, blanket or individual health insurance or any contract by a nonprofit hospital, medical or dental service corporation or organization for dental care which provides for payment of a certain part of medical or dental care may require the insured or member to obtain prior authorization for that care from the insurer or organization. The insurer or organization shall:
(a) File its procedure for obtaining approval of care pursuant to this section for approval by the Commissioner; and
(b) Unless a shorter time period is prescribed by a specific statute, including, without limitation, NRS 689A.0446, 689B.0361, 689C.1688, 695A.1859, 695B.19087, 695C.16932 and 695G.1703, respond to any request for approval by the insured or member pursuant to this section within 20 days after it receives the request.
2. The procedure for prior authorization may not discriminate among persons licensed to provide the covered care.
Sec. 2. Chapter 689A of NRS is hereby amended by adding thereto the provisions set forth as sections 2.3 and 2.7 of this act.
Sec. 2.3. 1. The provisions of NRS 689A.04033 to 689A.0465, inclusive, and section 2.7 of this act must not be construed to require a policy that provides coverage only for a specified disease or illness or other limited benefit to provide the coverage set forth in those sections.
2. The Division shall not interpret the term policy of health insurance, for the purposes of NRS 689A.04033 to 689A.0465, inclusive, and section 2.7 of this act, in a manner contrary to the provisions of subsection 1.
Sec. 2.7. 1. An insurer that offers or issues a policy of health insurance shall include in the policy coverage for habilitative speech-language pathology and rehabilitative speech-language pathology as a treatment for stuttering for insureds who are less than 26 years of age.
2. An insurer shall not:
(a) Set a maximum annual limit on the benefits described in subsection 1, including, without limitation, a limit on the number of annual visits to a speech-language pathologist;
(b) Limit the benefits described in subsection 1 based on the cause of the stuttering; or
(c) Subject the benefits described in subsection 1 to medical management techniques.
3. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
κ2025 Statutes of Nevada, Page 3039 (CHAPTER 462, AB 169)κ
4. As used in this section:
(a) Habilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person keep, learn or improve skills and functioning for daily living.
(b) Medical management technique means a practice which is used to control the cost or use of health care services or prescription drugs. The term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
(c) Practice of speech-language pathology has the meaning ascribed to it in NRS 637B.060.
(d) Rehabilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person restore or improve skills and functioning for daily living that have been lost or impaired.
Sec. 3. 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 sections 2.3 and 2.7 of this act.
Sec. 4. Chapter 689B of NRS is hereby amended by adding thereto the provisions set forth as sections 4.3 and 4.7 of this act.
Sec. 4.3. 1. The provisions of NRS 689B.0303 to 689B.0379, inclusive, and section 4.7 of this act must not be construed to require a policy that provides coverage only for a specified disease or illness or other limited benefit to provide the coverage set forth in those sections.
2. The Division shall not interpret the term policy of group health insurance, for the purposes of NRS 689B.0303 to 689B.0379, inclusive, and section 4.7 of this act, in a manner contrary to the provisions of subsection 1.
Sec. 4.7. 1. An insurer that offers or issues a policy of group health insurance shall include in the policy coverage for habilitative speech-language pathology and rehabilitative speech-language pathology as a treatment for stuttering for insureds who are less than 26 years of age.
2. An insurer shall not:
(a) Set a maximum annual limit on the benefits described in subsection 1, including, without limitation, a limit on the number of annual visits to a speech-language pathologist;
(b) Limit the benefits described in subsection 1 based on the cause of the stuttering; or
(c) Subject the benefits described in subsection 1 to medical management techniques.
3. A policy of group health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
κ2025 Statutes of Nevada, Page 3040 (CHAPTER 462, AB 169)κ
4. As used in this section:
(a) Habilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person keep, learn or improve skills and functioning for daily living.
(b) Medical management technique means a practice which is used to control the cost or use of health care services or prescription drugs. The term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
(c) Practice of speech-language pathology has the meaning ascribed to it in NRS 637B.060.
(d) Rehabilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person restore or improve skills and functioning for daily living that have been lost or impaired.
Sec. 5. 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 shall include in the plan coverage for habilitative speech-language pathology and rehabilitative speech-language pathology as a treatment for stuttering for insureds who are less than 26 years of age.
2. A carrier shall not:
(a) Set a maximum annual limit on the benefits described in subsection 1, including, without limitation, a limit on the number of annual visits to a speech-language pathologist;
(b) Limit the benefits described in subsection 1 based on the cause of the stuttering; or
(c) Subject the benefits described in subsection 1 to medical management techniques.
3. A health benefit plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Habilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person keep, learn or improve skills and functioning for daily living.
(b) Medical management technique means a practice which is used to control the cost or use of health care services or prescription drugs. The term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
(c) Practice of speech-language pathology has the meaning ascribed to it in NRS 637B.060.
(d) Rehabilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person restore or improve skills and functioning for daily living that have been lost or impaired.
κ2025 Statutes of Nevada, Page 3041 (CHAPTER 462, AB 169)κ
Sec. 6. 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 5 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. 7. 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 shall include in the contract coverage for habilitative speech-language pathology and rehabilitative speech-language pathology as a treatment for stuttering for insureds who are less than 26 years of age.
2. A society shall not:
(a) Set a maximum annual limit on the benefits described in subsection 1, including, without limitation, a limit on the number of annual visits to a speech-language pathologist;
(b) Limit the benefits described in subsection 1 based on the cause of the stuttering; or
(c) Subject the benefits described in subsection 1 to medical management techniques.
3. A benefit contract subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the contract that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Habilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person keep, learn or improve skills and functioning for daily living.
(b) Medical management technique means a practice which is used to control the cost or use of health care services or prescription drugs. The term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
(c) Practice of speech-language pathology has the meaning ascribed to it in NRS 637B.060.
(d) Rehabilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person restore or improve skills and functioning for daily living that have been lost or impaired.
Sec. 8. Chapter 695B of NRS is hereby amended by adding thereto a new section to read as follows:
1. A hospital or medical services corporation that offers or issues a policy of health insurance shall include in the policy coverage for habilitative speech-language pathology and rehabilitative speech-language pathology as a treatment for stuttering for insureds who are less than 26 years of age.
2. A hospital or medical services corporation shall not:
(a) Set a maximum annual limit on the benefits described in subsection 1, including, without limitation, a limit on the number of annual visits to a speech-language pathologist;
κ2025 Statutes of Nevada, Page 3042 (CHAPTER 462, AB 169)κ
(b) Limit the benefits described in subsection 1 based on the cause of the stuttering; or
(c) Subject the benefits described in subsection 1 to medical management techniques.
3. A policy of health insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the policy that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Habilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person keep, learn or improve skills and functioning for daily living.
(b) Medical management technique means a practice which is used to control the cost or use of health care services or prescription drugs. The term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
(c) Practice of speech-language pathology has the meaning ascribed to it in NRS 637B.060.
(d) Rehabilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person restore or improve skills and functioning for daily living that have been lost or impaired.
Sec. 9. 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 shall include in the plan coverage for habilitative speech-language pathology and rehabilitative speech-language pathology as a treatment for stuttering for enrollees who are less than 26 years of age.
2. A health maintenance organization shall not:
(a) Set a maximum annual limit on the benefits described in subsection 1, including, without limitation, a limit on the number of annual visits to a speech-language pathologist;
(b) Limit the benefits described in subsection 1 based on the cause of the stuttering; or
(c) Subject the benefits described in subsection 1 to medical management techniques.
3. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Habilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person keep, learn or improve skills and functioning for daily living.
(b) Medical management technique means a practice which is used to control the cost or use of health care services or prescription drugs. The term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
κ2025 Statutes of Nevada, Page 3043 (CHAPTER 462, AB 169)κ
term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
(c) Practice of speech-language pathology has the meaning ascribed to it in NRS 637B.060.
(d) Rehabilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person restore or improve skills and functioning for daily living that have been lost or impaired.
Sec. 10. 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 Childrens 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 9 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 and section 9 of this act 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
κ2025 Statutes of Nevada, Page 3044 (CHAPTER 462, AB 169)κ
(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. 11. 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 9 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;
(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.
κ2025 Statutes of Nevada, Page 3045 (CHAPTER 462, AB 169)κ
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. 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 shall include in the plan coverage for habilitative speech-language pathology and rehabilitative speech-language pathology as a treatment for stuttering for insureds who are less than 26 years of age.
2. A managed care organization shall not:
(a) Set a maximum annual limit on the benefits described in subsection 1, including, without limitation, a limit on the number of annual visits to a speech-language pathologist;
(b) Limit the benefits described in subsection 1 based on the cause of the stuttering; or
(c) Subject the benefits described in subsection 1 to medical management techniques.
3. A health care plan subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after January 1, 2026, has the legal effect of including the coverage required by subsection 1, and any provision of the plan that conflicts with the provisions of this section is void.
4. As used in this section:
(a) Habilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person keep, learn or improve skills and functioning for daily living.
(b) Medical management technique means a practice which is used to control the cost or use of health care services or prescription drugs. The term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
(c) Practice of speech-language pathology has the meaning ascribed to it in NRS 637B.060.
(d) Rehabilitative speech-language pathology means services that constitute the practice of speech language pathology which help a person restore or improve skills and functioning for daily living that have been lost or impaired.
κ2025 Statutes of Nevada, Page 3046 (CHAPTER 462, AB 169)κ
Sec. 12.5. NRS 695G.090 is hereby amended to read as follows:
695G.090 1. Except as otherwise provided in subsection 3, the provisions of this chapter apply to each organization and insurer that operates as a managed care organization and may include, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of individual or group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation and a health maintenance organization.
2. In addition to the provisions of this chapter, each managed care organization shall comply with:
(a) The provisions of chapter 686A of NRS, including all obligations and remedies set forth therein; and
(b) Any other applicable provision of this title.
3. The provisions of NRS 695G.127, 695G.1639, 695G.164, 695G.1645, 695G.167 and 695G.200 to 695G.230, inclusive, do not apply to a managed care organization that provides health care services to recipients of Medicaid under the State Plan for Medicaid or insurance pursuant to the Childrens Health Insurance Program pursuant to a contract with the Division of Health Care Financing and Policy of the Department of Health and Human Services.
4. The provisions of NRS 695C.1735 and 695G.1639 and section 12 of this act do not apply to a managed care organization that provides health care services to members of the Public Employees Benefits Program.
5. Subsections 3 and 4 do not exempt a managed care organization from any provision of this chapter for services provided pursuant to any other contract.
Sec. 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.
κ2025 Statutes of Nevada, Page 3047 (CHAPTER 462, AB 169)κ
(c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and
(6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or the Directors 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.
κ2025 Statutes of Nevada, Page 3048 (CHAPTER 462, AB 169)κ
(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, and section 4.7 of this act, 689B.0375 to 689B.050, inclusive, 689B.0675, 689B.265, 689B.287 and 689B.500 apply to coverage provided pursuant to this paragraph, except that the provisions of NRS 689B.0378, 689B.03785 and 689B.500 only apply to coverage for active officers and employees of the governing body, or the dependents of such officers and employees.
(d) Defray part or all of the cost of maintenance of a self-insurance fund or of the premiums upon insurance. The money for contributions must be budgeted for in accordance with the laws governing the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada.
2. If a school district offers group insurance to its officers and employees pursuant to this section, members of the board of trustees of the school district must not be excluded from participating in the group insurance. If the amount of the deductions from compensation required to pay for the group insurance exceeds the compensation to which a trustee is entitled, the difference must be paid by the trustee.
3. In any county in which a legal services organization exists, the governing body of the county, or of any school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada in the county, may enter into a contract with the legal services organization pursuant to which the officers and employees of the legal services organization, and the dependents of those officers and employees, are eligible for any life, accident or health insurance provided pursuant to this section to the officers and employees, and the dependents of the officers and employees, of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency.
4. If a contract is entered into pursuant to subsection 3, the officers and employees of the legal services organization:
(a) Shall be deemed, solely for the purposes of this section, to be officers and employees of the county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency with which the legal services organization has contracted; and
κ2025 Statutes of Nevada, Page 3049 (CHAPTER 462, AB 169)κ
(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. (Deleted by amendment.)
Sec. 16. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. To the extent federal financial participation is available, the Director shall include under Medicaid coverage for habilitative speech-language pathology and rehabilitative speech-language pathology as a treatment for stuttering for persons who are less than 26 years of age.
2. Except where necessary to obtain federal financial participation, the Department shall not:
(a) Set a maximum annual limit on the benefits described in subsection 1, including, without limitation, a limit on the number of annual visits to a speech-language pathologist;
(b) Limit the benefits described in subsection 1 based on the cause of the stuttering; or
(c) Subject the benefits described in subsection 1 to medical management techniques.
3. The Department shall:
(a) Apply to the Secretary of Health and Human Services for any waiver of federal law or apply for any amendment of the State Plan for Medicaid that is necessary for the Department to receive federal funding to provide the coverage described in subsection 1.
(b) Fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to paragraph (a).
4. As used in this section:
(a) Habilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person keep, learn or improve skills and functioning for daily living.
(b) Medical management technique means a practice which is used to control the cost or use of health care services or prescription drugs. The term includes, without limitation, the use of step therapy, prior authorization and categorizing drugs and devices based on cost, type or method of administration.
κ2025 Statutes of Nevada, Page 3050 (CHAPTER 462, AB 169)κ
(c) Practice of speech-language pathology has the meaning ascribed to it in NRS 637B.060.
(d) Rehabilitative speech-language pathology means services that constitute the practice of speech-language pathology which help a person restore or improve skills and functioning for daily living that have been lost or impaired.
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.
Sec. 18. 1. This section becomes effective upon passage and approval.
2. Sections 1 to 17, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
________
Assembly Bill No. 212Assemblymember Monroe-Moreno
CHAPTER 463
[Approved: June 10, 2025]
AN ACT relating to education; renaming the Virtual Early Childhood Family Engagement Pilot Program within the Department of Health and Human Services; extending the prospective expiration date of the Program; making an appropriation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law creates the Virtual Early Childhood Family Engagement Pilot Program within the Department of Health and Human Services and requires the Department to select a nonprofit organization that is recognized as exempt from taxation by the Internal Revenue Code to administer the Program. (Virtual Early Childhood Family Engagement Pilot Program §§ 4, 5) Section 2 of this bill renames the Program the Virtual Early Childhood Family Engagement Program. Section 1 of this bill makes a conforming change to reflect the change in name of the Program.
Section 5 of this bill extends the prospective expiration date of the Program from September 30, 2025, to September 30, 2027. To reflect the extension of the Program, section 4 of this bill requires the nonprofit organization selected to administer the Program to submit certain reports on or before July 30, 2025, July 30, 2026, and July 30, 2027, to the Department. Section 4 also requires the Department to submit a compilation of those reports on or before September 30, 2025, September 30, 2026, and September 30, 2027, to the Director of the Legislative Counsel Bureau for transmittal to the next regular session and certain Joint Interim Standing Committees.
Section 6 of this bill makes an appropriation to the Department to continue to implement the Program.
κ2025 Statutes of Nevada, Page 3051 (CHAPTER 463, AB 212)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. Section 3 of the Virtual Early Childhood Family Engagement Pilot Program, being chapter 485, Statutes of Nevada 2023, at page 2981, is hereby amended to read as follows:
Sec. 3. Program means the Virtual Early Childhood Family Engagement [Pilot] Program created by section 4 of this act.
Sec. 2. Section 4 of the Virtual Early Childhood Family Engagement Pilot Program, being chapter 485, Statutes of Nevada 2023, at page 2981, is hereby amended to read as follows:
Sec. 4. 1. The Virtual Early Childhood Family Engagement [Pilot] Program is hereby created within the Department.
2. The purposes of the Program are to:
(a) Provide training and coaching to empower parents and guardians of young children in the education of their child; and
(b) Increase the readiness of children for kindergarten in every geographic area of this State.
Sec. 3. (Deleted by amendment.)
Sec. 4. Section 7 of the Virtual Early Childhood Family Engagement Pilot Program, being chapter 485, Statutes of Nevada 2023, at page 2983, is hereby amended to read as follows:
Sec. 7. 1. On or before July 30, [2024,] 2025, July 30, 2026, and July 30, [2025,] 2027, the organization selected to administer the Program pursuant to section 5 of this act shall submit a report to the Department which includes, without limitation:
(a) The number of children enrolled in the Program during the immediately preceding school year, in total and in each county of this State;
(b) The number and percentage of children described in paragraph (a) who meet each criterion identified in paragraph (a) of subsection 2 of section 6 of this act;
(c) The demographics of the children enrolled in the Program, if known, including, without limitation:
(1) Race;
(2) Ethnicity;
(3) Disability status;
(4) Household income;
(5) County of residence; and
(6) Language spoken at home;
(d) Quantitative data and, to the extent any is available, qualitative data that demonstrates the effectiveness of the Program at improving the abilities of a child in reading, writing and mathematics and the readiness of the children participating in the Program for kindergarten, including, without limitation:
(1) Data concerning the educational development of the children participating in the Program;
(2) The number of children who completed the Program and who are ready for kindergarten; and
κ2025 Statutes of Nevada, Page 3052 (CHAPTER 463, AB 212)κ
(3) Data concerning the level of satisfaction that parents, guardians and foster parents have concerning the Program; and
(e) Any additional information determined by the Department to be necessary to evaluate the Program.
2. On or before September 30, [2024,] 2025, September 30, 2026, and September 30, [2025,] 2027, the Department shall compile a report of the data reported pursuant to subsection 1 and submit the report to the Director of the Legislative Counsel Bureau for transmittal to:
(a) In 2025, the Joint Interim Standing Committee on Education and the Joint Interim Standing Committee on Health and Human Services;
(b) In [2024,] 2026, the next regular session of the Legislature; and
[(b)] (c) In [2025,] 2027, the Joint Interim Standing Committee on Education and the Joint Interim Standing Committee on Health and Human Services.
Sec. 5. Section 9 of chapter 485, Statutes of Nevada 2023, at page 2984, is hereby amended to read as follows:
Sec. 9. This act becomes effective on July 1, 2023, and expires by limitation on September 30, [2025.] 2027.
Sec. 6. 1. There is hereby appropriated from the State General Fund to the Department of Health and Human Services to continue to implement the Virtual Early Childhood Family Engagement Program the following sums:
For the Fiscal Year 2025-2026................................................. $1,000,000
For the Fiscal Year 2026-2027................................................. $1,000,000
2. Any balance of the sums appropriated by subsection 1 remaining at the end of the respective fiscal years must not be committed for expenditure after June 30 of the respective fiscal years by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 18, 2026, and September 17, 2027, respectively, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 18, 2026, and September 17, 2027, respectively.
Sec. 7. This act becomes effective on July 1, 2025.
________
κ2025 Statutes of Nevada, Page 3053κ
Assembly Bill No. 221Assemblymember Edgeworth
CHAPTER 464
[Approved: June 10, 2025]
AN ACT relating to health care; exempting certain offices of physicians or other health care facilities that administer anesthesia or sedation to dental patients from certain requirements to obtain a permit to provide anesthesia or sedation; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires an office of a physician and certain other facilities providing health care to obtain a permit from the Division of Public and Behavioral Health of the Department of Health and Human Services before offering general anesthesia, conscious sedation or deep sedation. (NRS 449.442) Existing law also requires a dentist to obtain a permit from the Board of Dental Examiners before offering general anesthesia, minimal sedation, moderate sedation or deep sedation. (NRS 631.265) Existing law defines minimal sedation and moderate sedation to encompass the types of sedation which constitute conscious sedation. (NRS 449.436, 631.078, 631.079) Consequently, existing law requires a person who holds both a license as a physician and a license as a dentist to obtain two permits to offer general anesthesia, conscious sedation or deep sedation. (NRS 449.441, 631.265)
This bill exempts an office of a physician or a facility that provides health care, other than a medical facility, from the requirement to obtain a permit from the Division if the office only administers general anesthesia, deep sedation or conscious sedation to dental patients and the administration is performed by a physician who: (1) is also licensed to practice dentistry; (2) holds a permit issued by the Board to administer general anesthesia, minimal sedation, moderate sedation or deep sedation to dental patients; and (3) administers general anesthesia or sedation of any type only within the scope of that permit. This bill thereby eliminates the requirement that a person who is licensed as both a physician and a dentist obtain two permits to offer general anesthesia, conscious sedation or deep sedation.
EXPLANATION Matter in bolded italics is new; matter between
brackets [omitted material] is material to be
omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449.441 is hereby amended to read as follows:
449.441 The provisions of NRS 449.435 to 449.448, inclusive, do not apply to an office of a physician or a facility that provides health care, other than a medical facility, if the office of a physician or the facility only administers [a] :
1. A medication to a patient to relieve the patients anxiety or pain and if the medication is not given in a dosage that is sufficient to induce in a patient a controlled state of depressed consciousness or unconsciousness similar to general anesthesia, deep sedation or conscious sedation.
2. General anesthesia, conscious sedation or deep sedation to dental patients and the administration is performed by a physician who:
(a) Is also licensed to practice dentistry pursuant to chapter 631 of NRS;
κ2025 Statutes of Nevada, Page 3054 (CHAPTER 464, AB 221)κ
(b) Holds a permit issued pursuant to NRS 631.265 to administer general anesthesia, minimal sedation, moderate sedation or deep sedation to dental patients; and
(c) Administers general anesthesia or sedation of any type only within the scope of the permit described in paragraph (b).
Sec. 2. NRS 630.373 is hereby amended to read as follows:
630.373 1. A physician shall not administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to patients unless the general anesthesia, conscious sedation or deep sedation is administered:
(a) In an office of a physician or osteopathic physician which [holds] :
(1) Holds a permit pursuant to NRS 449.435 to 449.448, inclusive; or
(2) Is exempt from the provisions of NRS 449.435 to 449.448, inclusive, pursuant to NRS 449.441;
(b) In a facility which [holds] :
(1) Holds a permit pursuant to NRS 449.435 to 449.448, inclusive; or
(2) Is exempt from the provisions of NRS 449.435 to 449.448, inclusive, pursuant to NRS 449.441;
(c) In a medical facility as that term is defined in NRS 449.0151; or
(d) Outside of this State.
2. As used in this section:
(a) Conscious sedation has the meaning ascribed to it in NRS 449.436.
(b) Deep sedation has the meaning ascribed to it in NRS 449.437.
(c) General anesthesia has the meaning ascribed to it in NRS 449.438.
Sec. 3. NRS 633.694 is hereby amended to read as follows:
633.694 1. An osteopathic physician shall not administer or supervise directly the administration of general anesthesia, conscious sedation or deep sedation to patients unless the general anesthesia, conscious sedation or deep sedation is administered:
(a) In an office of a physician or osteopathic physician which [holds] :
(1) Holds a permit pursuant to NRS 449.435 to 449.448, inclusive; or
(2) Is exempt from the provisions of NRS 449.435 to 449.448, inclusive, pursuant to NRS 449.441;
(b) In a facility which [holds] :
(1) Holds a permit pursuant to NRS 449.435 to 449.448, inclusive; or
(2) Is exempt from the provisions of NRS 449.435 to 449.448, inclusive, pursuant to NRS 449.441;
(c) In a medical facility as that term is defined in NRS 449.0151; or
(d) Outside of this State.
2. As used in this section:
(a) Conscious sedation has the meaning ascribed to it in NRS 449.436.
(b) Deep sedation has the meaning ascribed to it in NRS 449.437.
(c) General anesthesia has the meaning ascribed to it in NRS 449.438.
________
κ2025 Statutes of Nevada, Page 3055κ
Assembly Bill No. 234Assemblymember Anderson
CHAPTER 465
[Approved: June 10, 2025]
AN ACT relating to Medicaid; requiring Medicaid to provide coverage for screening for certain forms of cancer; and providing other matters properly relating thereto.
Legislative Counsels Digest:
Existing law requires the Department of Health and Human Services to develop and administer a State Plan for Medicaid which includes a list of specific medical services required to be provided to recipients of Medicaid, including screening for breast and cervical cancer. (NRS 422.063, 422.270, 422.27174, 422.27176; 42 U.S.C. § 1396a) Section 1 of this bill requires the Director of the Department of Health and Human Services to include under Medicaid coverage for screening for lung, colorectal and prostate cancer. Section 2 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 1 in the same manner as other provisions relating to Medicaid.
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 422 of NRS is hereby amended by adding thereto a new section to read as follows:
1. The Director shall include under Medicaid coverage for screening for lung cancer, colorectal cancer and prostate cancer.
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 coverage described in subsection 1.
(b) Fully cooperate in good faith with the Federal Government during the application process to satisfy the requirements of the Federal Government for obtaining a waiver or amendment pursuant to paragraph (a).
Sec. 2. 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.
κ2025 Statutes of Nevada, Page 3056 (CHAPTER 465, AB 234)κ
(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 1 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.
(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 Directors designee, is responsible for appointing and removing subordinate officers and employees of the Department.
Sec. 3. 1. This section becomes effective upon passage and approval.
2. Sections 1 and 2 of this act become effective:
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and
(b) On January 1, 2026, for all other purposes.
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