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CHAPTER 489, SB 60

Senate Bill No. 60–Committee on Judiciary

 

CHAPTER 489

 

[Approved: June 10, 2025]

 

AN ACT relating to crimes; expanding the types of crimes that require the imposition of an additional criminal penalty for certain crimes committed intentionally or knowingly against an older or a vulnerable person; providing that persons convicted of these types of crimes may be liable for certain civil penalties to be recovered by the Attorney General; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the imposition of an additional penalty upon a person who commits certain crimes against a person 60 years of age or older or a vulnerable person, which must run consecutively with the sentence prescribed by statute for the crime. (NRS 193.167) Section 1 of this bill expands the list of crimes against an older or a vulnerable person that require the imposition of the additional penalty. Specifically, section 1 applies the additional penalty to the following forms of theft intentionally or knowingly committed against an older or vulnerable person: (1) controlling property of another with intent to deprive that person of the property; (2) the conversion of, unauthorized transfer of an interest in or unauthorized control of the property of another by a person who had the authority to possess the property only for a limited duration or use; or (3) obtaining the property or services of another by a material misrepresentation with intent to deprive the person of the property or services. Section 1 also applies the additional penalty to a criminal deceptive trade practice committed intentionally or knowingly against an older or a vulnerable person. Section 6 of this bill adds those theft and deceptive trade practice crimes to the list of crimes for which a person is also liable for a civil penalty, which may be recovered by the Attorney General. (NRS 228.280) Under existing law, a person convicted of those theft or deceptive trade practice crimes against an older or vulnerable person would also not be eligible for probation or release on parole until the person has paid at least 80 percent of the amount of restitution set by the court. (NRS 176A.120, 213.1216)

 

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 193.167 is hereby amended to read as follows:

      193.167  1.  Except as otherwise provided in NRS 193.169, any person who commits the crime of:

      (a) Murder;

      (b) Attempted murder;

      (c) Assault;

      (d) Battery;

      (e) Kidnapping;

      (f) Robbery;

      (g) Sexual assault;

      (h) Embezzlement of, or attempting or conspiring to embezzle, money or property of a value of $650 or more;

 


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      (i) Obtaining, or attempting or conspiring to obtain, money or property of a value of $650 or more by false pretenses; or

      (j) Taking money or property from the person of another,

Κ against any person who is 60 years of age or older or against a vulnerable person shall, in addition to the term of imprisonment prescribed by statute for the crime, be punished, if the crime is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the crime, and, if the crime is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      2.  Except as otherwise provided in NRS 193.169, any person who commits a criminal violation of the provisions of chapter 90 or 91 of NRS against any person who is 60 years of age or older or against a vulnerable person , any person who commits a criminal violation of paragraph (a), (b) or (c) of subsection 1 of NRS 205.0832 intentionally or knowingly against any person who is 60 years of age or older or against a vulnerable person or any person who commits a criminal violation of subsection 3 of NRS 598.0999 intentionally or knowingly against any person who is 60 years of age or older or against a vulnerable person, shall, in addition to the term of imprisonment prescribed by statute for the criminal violation, be punished, if the criminal violation is a misdemeanor or gross misdemeanor, by imprisonment in the county jail for a term equal to the term of imprisonment prescribed by statute for the criminal violation, and, if the criminal violation is a felony, by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 20 years.

      3.  In determining the length of the additional penalty imposed pursuant to this section, the court shall consider the following information:

      (a) The facts and circumstances of the crime or criminal violation;

      (b) The criminal history of the person;

      (c) The impact of the crime or criminal violation on any victim;

      (d) Any mitigating factors presented by the person; and

      (e) Any other relevant information.

Κ The court shall state on the record that it has considered the information described in paragraphs (a) to (e), inclusive, in determining the length of the additional penalty imposed.

      4.  The sentence prescribed by this section:

      (a) Must not exceed the sentence imposed for the crime or criminal violation; and

      (b) Must run consecutively with the sentence prescribed by statute for the crime or criminal violation.

      5.  This section does not create any separate offense but provides an additional penalty for the primary offense, whose imposition is contingent upon the finding of the prescribed fact.

      6.  As used in this section, “vulnerable person” has the meaning ascribed to it in NRS 200.5092.

      Secs. 2-5. (Deleted by amendment.)

      Sec. 6. NRS 228.280 is hereby amended to read as follows:

      228.280  1.  In addition to any criminal penalty, a person who is convicted of a crime against an older person or vulnerable person for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167 [or] , of a violation of paragraph (a), (b) or (c) of subsection 1 of NRS 205.0832 against an older person or vulnerable person for which an additional term of imprisonment may be imposed pursuant to subsection 2 of NRS 193.167, of the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person pursuant to NRS 200.5099 or 200.50995 or of a violation of NRS 598.0999 for which an additional term of imprisonment may be imposed pursuant to subsection 2 of NRS 193.167, is liable for a civil penalty to be recovered by the Attorney General in a civil action brought in the name of the State of Nevada:

 


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person or vulnerable person for which an additional term of imprisonment may be imposed pursuant to subsection 2 of NRS 193.167, of the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person pursuant to NRS 200.5099 or 200.50995 or of a violation of NRS 598.0999 for which an additional term of imprisonment may be imposed pursuant to subsection 2 of NRS 193.167, is liable for a civil penalty to be recovered by the Attorney General in a civil action brought in the name of the State of Nevada:

      (a) For the first offense, in an amount which is not less than $5,000 and not more than $20,000.

      (b) For a second or subsequent offense, in an amount which is not less than $10,000 and not more than $30,000.

      2.  The Attorney General shall deposit any money collected for civil penalties pursuant to subsection 1 in equal amounts to:

      (a) A separate account in the Fund for the Compensation of Victims of Crime created pursuant to NRS 217.260 to provide compensation to older persons or vulnerable persons who are:

             (1) Victims of a crime for which an additional term of imprisonment may be imposed pursuant to paragraph (h), (i) or (j) of subsection 1 of NRS 193.167 or a violation of paragraph (a), (b) or (c) of subsection 1 of NRS 205.0832 for which an additional term of imprisonment may be imposed pursuant to subsection 2 of NRS 193.167 [;] or of a violation of NRS 598.0999 for which an additional term of imprisonment may be imposed pursuant to subsection 2 of NRS 193.167; or

             (2) Abused, neglected, exploited, isolated or abandoned in violation of NRS 200.5099 and 200.50995.

      (b) The Account for the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons created pursuant to NRS 228.285.

      Sec. 7.  The amendatory provisions of this act apply to offenses committed on or after the effective date of this act.

      Sec. 8.  This act becomes effective upon passage and approval.

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CHAPTER 490, SB 80

Senate Bill No. 80–Committee on Growth and Infrastructure

 

CHAPTER 490

 

[Approved: June 10, 2025]

 

AN ACT relating to motor vehicles; expanding to certain employees of the Department of Motor Vehicles the authority to inspect vehicles to determine rightful ownership or possession; authorizing certain employees of the Department to apply for certain court orders and complete necessary affidavits for such orders; prohibiting a person from tampering with a device for the control of emissions of a motor vehicle or removing such a device from a motor vehicle; prohibiting a person from possessing an electronic device capable of tampering with a device for the control of emissions of a motor vehicle; providing penalties; and providing other matters properly relating thereto.

 


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Legislative Counsel’s Digest:

      Existing law authorizes an employee of the Department of Public Safety or a local law enforcement agency whose primary responsibility is to conduct investigations involving the theft of motor vehicles to inspect, under certain circumstances, the identification numbers of a vehicle and the title or registration of a vehicle or a part of the vehicle for the purpose of locating stolen vehicles. (NRS 480.610) Section 1 of this bill additionally authorizes an employee of the Department of Motor Vehicles whose primary responsibility is to conduct investigations involving the theft of motor vehicles to conduct such an inspection.

      Existing law requires a person to obtain an order from a court before installing or using a pen register or trap and trace device, except as otherwise authorized by federal law. Existing law authorizes a peace officer to apply for such an order if an application is supported by an affidavit by a peace officer that complies with federal law. (NRS 179.530) Section 6 of this bill additionally authorizes personnel of the Department of Motor Vehicles who have the powers of a peace officer to apply for such an order from a court and complete the required supporting affidavits.

      Existing law makes it unlawful for a person to: (1) possess or issue fraudulent or unauthorized evidence that a motor vehicle complies with the required equipment for the control of emissions from engines; or (2) willfully and knowingly fail to comply with any provision relating to the control of emissions from engines. (NRS 445B.840) Section 7 of this bill prohibits a person from tampering with a device for the control of emissions of a motor vehicle or removing such a device from a motor vehicle. Section 7 establishes circumstances under which exchanging the engine of a motor vehicle for a different engine does not violate this prohibition. Section 7 additionally prohibits a person from possessing an electronic device capable of tampering with a device for the control of emissions of a motor vehicle. A violation of the prohibitions imposed by section 7 would be a misdemeanor. (NRS 445B.845)

 

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 480.610 is hereby amended to read as follows:

      480.610  1.  For the purpose of locating stolen vehicles, except as otherwise provided in subsection 3, an employee of the Department of Public Safety, the Department of Motor Vehicles or a local law enforcement agency whose primary responsibility is to conduct investigations involving the theft of motor vehicles, may inspect:

      (a) The identification numbers of a vehicle that is on the highway or in any garage, repair shop, terminal, parking facility, establishment where new or used vehicles or equipment for vehicles are sold, leased or rented, vehicle salvage pool or any other similar establishment, or any commercial location where agricultural or construction work is being actively performed; and

      (b) The title or registration of a vehicle described in paragraph (a) to determine the rightful ownership or possession of the vehicle or an identifiable component part.

      2.  Whenever possible, a person who conducts an inspection pursuant to this section shall conduct the inspection during normal business hours and in such a manner as to minimize any interference with or delay of the business operations of the establishment where the inspection takes place.

      3.  A person may not conduct an inspection pursuant to this section of a terminal that is privately owned or a parking facility that is privately owned unless, before conducting the inspection, the person obtains permission to conduct the inspection from:

 


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      (a) The owner of the terminal or parking facility; or

      (b) An agent or representative of the owner who has been authorized by the owner to grant permission to a person seeking to conduct an inspection pursuant to this section.

      4.  As used in this section:

      (a) “Garage” has the meaning ascribed to it in NRS 487.540.

      (b) “Identifiable component part” means a component of a motor vehicle that may be distinguished from other similar components by a serial number or other distinguishing number, sign or mark.

      (c) “Local law enforcement agency” means:

             (1) The sheriff’s office of a county;

             (2) A metropolitan police department; or

             (3) A police department of an incorporated city.

      (d) “Parking facility” means a parking deck, parking garage, parking structure or paved or unpaved parking lot that members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter as invitees or licensees.

      (e) “Terminal” means a terminal that members of the public regularly enter, are reasonably likely to enter, or are invited or permitted to enter as invitees or licensees.

      (f) “Vehicle” has the meaning ascribed to it in NRS 482.135.

      Secs. 2-5. (Deleted by amendment.)

      Sec. 6. NRS 179.530 is hereby amended to read as follows:

      179.530  1.  Except as otherwise provided in 18 U.S.C. §§ 3121-3127, a person shall not install or use a pen register or trap and trace device without first obtaining an order from a district court of this State.

      2.  District courts of this State may issue orders authorizing the installation and use of a pen register or trap and trace device upon the application of a district attorney, the Attorney General or their deputies or of a peace officer, supported by an affidavit of a peace officer under the circumstances and upon the conditions prescribed by 18 U.S.C. §§ 3121-3127.

      3.  The district court may accept a facsimile or electronic copy of the signature of any person required to give an oath or affirmation as part of an application submitted pursuant to subsection 2 as an original signature to the application.

      4.  Secure electronic transmission may be used for the submission of an application and affidavit required by subsection 2 and for the issuance of an order authorizing the installation and use of a pen register or trap and trace device. The Nevada Supreme Court may adopt rules not inconsistent with the laws of this State to carry out the provisions of this subsection.

      5.  A public utility that relies, in good faith, upon an order of a district court authorizing the installation and use of a pen register or trap and trace device is not liable in any civil or criminal action brought against the public utility for the installation and use of the pen register or trap and trace device in accordance with the order of the court.

      6.  As used in this section:

      (a) “Peace officer” means:

             (1) Sheriffs of counties and metropolitan police departments and their deputies;

             (2) Personnel of the Department of Public Safety and the Department of Motor Vehicles who have the powers of peace officers pursuant to NRS 289.270;

 


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             (3) Police officers of cities and towns;

             (4) Agents of the Nevada Gaming Control Board who are investigating any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;

             (5) Special investigators employed by the Attorney General who have the powers of peace officers pursuant to NRS 289.170;

             (6) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170;

             (7) The Inspector General of the Department of Corrections and the criminal investigators employed by the Department who have the powers of peace officers pursuant to NRS 289.220; and

             (8) Federal law enforcement officers who are members of a task force composed of federal and state or local law enforcement agencies.

      (b) “Pen register” has the meaning ascribed to it in 18 U.S.C. § 3127(3).

      (c) “Secure electronic transmission” means the sending of information from one computer system to another computer system in such a manner as to ensure that:

             (1) No person other than the intended recipient receives the information;

             (2) The identity and signature of the sender of the information can be authenticated; and

             (3) The information which is received by the intended recipient is identical to the information that was sent.

      (d) “Trap and trace device” has the meaning ascribed to it in 18 U.S.C. § 3127(4).

      Sec. 7. NRS 445B.840 is hereby amended to read as follows:

      445B.840  1.  It is unlawful for any person to:

      [1.](a) Possess any unauthorized evidence of compliance;

      [2.](b) Make, issue or use any imitation or counterfeit evidence of compliance;

      [3.](c) Willfully and knowingly fail to comply with the provisions of NRS 445B.700 to 445B.815, inclusive, or any regulation adopted by the Department of Motor Vehicles; [or

      4.](d) Issue evidence of compliance if he or she is not a licensed inspector of an authorized inspection station, authorized station or fleet station [.] ;

      (e) Except as otherwise provided in subsection 2, tamper with a device for the control of emissions of a motor vehicle or remove such a device from a motor vehicle, including, without limitation, exchanging the engine of a motor vehicle for a different engine; or

      (f) Possess an electronic device capable of tampering with a device for the control of emissions of a motor vehicle.

      2.  A person does not violate paragraph (e) of subsection 1 by exchanging the engine of a motor vehicle for:

      (a) An electric motor; or

      (b) A different engine if any device for the control of emissions of a motor vehicle that is included with the engine being inserted into the motor vehicle is operational.

      Sec. 8. (Deleted by amendment.)

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CHAPTER 491, SB 81

Senate Bill No. 81–Committee on Education

 

CHAPTER 491

 

[Approved: June 10, 2025]

 

AN ACT relating to education; requiring the Department of Education to create and conduct certain surveys of public school employees; revising provisions governing the reimbursement of certain hospitals or other facilities that provide educational services; revising terminology related to services provided to certain students; revising various reporting requirements relating to education; revising provisions governing the authority of the State Board of Education; revising provisions governing the ratios of pupils to licensed teachers; eliminating certain audits of empowerment schools; revising provisions governing the licensure of administrators; repealing provisions governing the Nevada Teacher Advancement Scholarship Program and the Incentivizing Pathways to Teaching Grant Program; revising provisions governing certain scholarship and grant programs for students in education and related fields of study; requiring the Department to create a program of block grants for such scholarship and grant programs; eliminating provisions requiring the Department to recommend that a minimum amount be spent by public schools on textbooks and other instructional supplies; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law creates the Department of Education, which consists of the State Board of Education and the Superintendent of Public Instruction. (NRS 385.010) Section 1 of this bill requires the Department to create and conduct surveys of: (1) public school employees, assessing school climate and working conditions in schools; and (2) public school employees who are leaving employment at a public school. Section 1 additionally: (1) sets forth when such surveys must be administered; (2) sets forth how a school district must use the results of such surveys; (3) prohibits data collected from such surveys from being used in certain evaluations; (4) requires the Department to recognize schools which achieve a certain response rate on such surveys in the statewide system of accountability; and (5) requires the Department to submit annually to the Commission on School Funding and the State Board a report containing data from the surveys.

      Existing law requires the principal of each school, in consultation with the employees of the school, to prepare a plan to improve the achievement of the pupils enrolled in the school. (NRS 385A.650) Section 2 of this bill requires the plan to be informed by the results of surveys conducted pursuant to section 1.

      Existing law creates the Education Stabilization Account in the State Education Fund and requires each school district, each year after the close of the previous fiscal year and before the issuance of the State Controller’s annual report, to transfer from the county school district fund to the Education Stabilization Account any amount by which the actual ending fund balance of the county school district fund exceeds 16.6 percent of the total actual expenditures for the fund. (NRS 387.1213) Section 4 of this bill requires each school district to make this transfer after the close of the previous fiscal year and before the close of the then current fiscal year.

 


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      Existing law establishes certain requirements governing the use of information concerning the average daily enrollment of pupils, including, without limitation: (1) requiring each school district to submit a quarterly report to the Department containing the average daily enrollment of pupils; and (2) providing the method for computing the yearly apportionment to the school district from the State Education Fund. (NRS 387.1223) Section 4.5 of this bill applies these provisions to charter schools and university schools for profoundly gifted pupils.

      Under existing law, certain hospitals and other facilities that provide residential treatment to children and also operate a licensed private school or an accredited educational program approved by the Department are authorized to request reimbursement from the school district or charter school in which a child is enrolled for the cost of providing educational services to the child who is: (1) verified to be a patient or resident of the hospital or facility; (2) attends the private school or educational program for more than 7 school days; and (3) meets certain other requirements. (NRS 387.1225) Section 4.7 of this bill: (1) changes the entity from which reimbursement is authorized to be requested to the Department; and (2) makes conforming changes to reflect this change.

      Under the Pupil-Centered Funding Plan, existing law requires a public school that receives weighted funding for one or more at-risk pupils or pupils who are English learners to use such funding only to provide services to such pupils, which are referred to as “Victory services” and “Zoom services,” respectively. (NRS 387.121, 387.12445) Section 5 of this bill changes the term “Victory services” to “services for at-risk pupils,” and “Zoom services” to “services for pupils who are English learners.”

      Existing law requires the board of trustees of each school district and the governing body of each charter school to submit to the Superintendent of Public Instruction and certain other recipients, on or before November 1 of each year, a report regarding the budget of the school district or charter school. (NRS 387.303, 388A.345) Existing law requires the Superintendent of Public Instruction, on or before November 25 of each year, to submit a compilation of the reports made by each school district and charter school to the Office of Finance in the Office of the Governor and the Fiscal Analysis Division of the Legislative Counsel Bureau. (NRS 387.303, 388A.345) Existing law requires the governing body of a university school for profoundly gifted pupils to submit a similar report to the Department of Education on or before November 15 of each year. (NRS 388C.250) Sections 6, 13 and 15 of this bill require these reports to be submitted annually, on or before the Friday of the first week in January that contains 5 business days. Sections 6 and 13 require the compilation of reports to be submitted on or before the last Friday in January.

      Existing law requires the Governor, on or before January 1 of each year, to compile a report on the status of the finances of the State, including the information published in the most recent annual report regarding the budget of each school district. (NRS 353.333) Section 32 of this bill requires that this report be compiled on or before February 15 of each year, to conform with the change made by section 6 to the date by which the compilation of reports regarding the budget of each school district is required to be submitted to the Office of Finance.

      Existing law requires the clerk of the board of trustees of a county school district to publish a quarterly expenditure report for the school district in a newspaper that meets certain qualifications. (NRS 387.320) Section 7 of this bill requires the expenditure report to instead be published on the Internet website of the county school district.

      Existing law: (1) provides that the State Board is the sole state agency responsible for the administration of career and technical education; and (2) sets forth actions the State Board is authorized to take in relation to such authority. (NRS 388.360) Section 7.3 of this bill authorizes the State Board to request, rather than direct, the Superintendent of Public Instruction to make studies and investigations relating to career and technical education.

 


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      Existing law requires the Executive Officer of the State Board to designate a program professional to perform certain duties relating to programs of career and technical education that have received grants of money. (NRS 388.396) Section 7.7 of this bill instead requires the Superintendent of Public Instruction to designate a program professional to perform such duties.

      Existing law authorizes the board of trustees of a school district, with the approval of the juvenile court and the board of county commissioners, to employ qualified teachers for the instruction of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps. (NRS 388.550) Existing law requires the board of trustees of a school district providing such instruction to report to the Superintendent of Public Instruction at such times and in such manner as the Superintendent of Public Instruction prescribes. (NRS 388.570) Section 8 of this bill eliminates the requirement for the board of trustees of such a school district to provide such reports to the Superintendent of Public Instruction.

      Existing law prohibits the ratio of pupils per licensed teacher in certain classes from exceeding certain ratios during each school quarter of a school year. (NRS 388.700) Existing law requires the board of trustees of each school district to report to the Department, on a quarterly basis, the average daily enrollment of pupils and the ratio of pupils per licensed teacher for certain grade levels. (NRS 388.725) If the ratio of pupils per licensed teacher at one or more elementary schools in a school district exceeds the ratio prescribed by statute during any quarter of a school year, existing law requires the school district to request a variance from the State Board for each such school for the subsequent quarter. (NRS 388.700) Section 12 of this bill eliminates the requirement to submit quarterly reports regarding the average daily enrollment of pupils and the ratio of pupils per licensed teacher for certain grade levels and requires the board of trustees of each school district to instead report such information to the Department only on a semiannual basis each year for: (1) the period beginning on July 1 and ending on September 30; and (2) the period beginning on January 1 and ending on March 31. Section 9 of this bill requires a school district to request a variance for an elementary school which exceeds the maximum ratio of pupils per licensed teacher only if the ratio is exceeded during a reporting period. Section 9 also: (1) reduces the frequency of the reports regarding variances requested by school districts which the State Board is required to submit to the Interim Finance Committee from quarterly to semiannually; and (2) eliminates the requirement for the State Board to submit a report to the Legislature regarding variances and the data collected by school districts on the effectiveness of plans to reduce pupil-teacher ratios.

      Existing law requires each school district, in cooperation with the recognized associations representing licensed educational personnel, to develop a plan to reduce the pupil-teacher ratio per class in certain grade levels and submit that plan to the State Board. (NRS 388.720) Section 10 of this bill requires this plan to be submitted to the State Board on or before October 1 of each year.

      Section 11 of this bill eliminates the requirement for the Department to develop policies and procedures for the distribution of money to each school district for the reduction of pupil-teacher ratios.

      Existing law requires the sponsor of a charter school that has received, within each of the immediately preceding 3 consecutive school years, one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools to submit a report to the Joint Interim Standing Committee on Education on or before December 15 of each odd-numbered year describing certain actions taken by the sponsor of the charter school. (NRS 388A.355) Section 14 of this bill requires this report to be submitted annually, on or before February 15.

      Existing law requires: (1) certain charter schools that are approved to operate as empowerment schools to submit a quarterly report to the Department containing certain financial information and information concerning the school’s compliance with its empowerment plan; (2) the board of trustees of a school district and the Department to conduct financial audits of empowerment schools; and (3) such reports and audits concerning empowerment schools to be compiled and forwarded to certain entities. (NRS 388G.200) Section 16 of this bill eliminates these requirements.

 


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      Existing law authorizes the board of trustees of a school district or the governing body of a charter school to offer a work-based learning program upon the approval of the Superintendent of Public Instruction. (NRS 389.167) Section 17 of this bill eliminates the requirement for a school district or charter school offering a work-based learning program to submit a biennial report to the State Board and the Legislature concerning the manner in which the program has been carried out.

      Existing law requires the Commission on Professional Standards in Education to prescribe by regulation the qualifications for licensing teachers and other educational personnel. (NRS 391.019) Section 18 of this bill: (1) eliminates the requirement for the Commission to prescribe qualifications for licensing administrators through an alternative route to licensure; and (2) requires the Commission to prescribe qualifications and procedures for licensed teachers and other licensed educational personnel to become licensed as an administrator without restricting the ability of such a person to obtain employment as an administrator.

      Existing law requires each school district that employs a consultant to submit a report to the Interim Finance Committee at least once every 6 months. (NRS 391.155) Section 19 of this bill reduces the frequency of this report to at least once annually.

      Existing law: (1) establishes the Teach Nevada Scholarship Program, the Nevada Teacher Advancement Scholarship Program and the Incentivizing Pathways to Teaching Grant Program; and (2) sets forth requirements for the administration of these programs. (NRS 391A.550-391A.595, 391A.650-391A.695, 391A.700, 391A.705, 391A.710) Sections 20-31 of this bill transfer the administration of these programs from the State Board to the Department. Section 19.5 of this bill requires the Department to create a program of block grants to provide one lump-sum grant to an institution that receives a grant from each of these programs. Section 21 expands the eligibility for Teach Nevada Scholarships to include Nevada residents who graduated from high school in another state or who, before the age of 20, successfully completed the high school equivalency assessment selected by the State Board in another state. Section 26 additionally expands the programs for which a student is eligible to receive a Nevada Teacher Advancement Scholarship to include programs which: (1) result in a certificate of advanced study or other degree which is more advanced than a bachelor’s degree, in education or a related field of study; or (2) upon completion, make a student eligible to obtain a license and endorsement to teach in a subject area for which there is a shortage of teachers. Section 27 also makes a conforming change relating to the amount which may be awarded under the Nevada Teacher Advancement Scholarship Program to reflect the additional programs for which a Nevada Teacher Advancement Scholarship may be awarded as provided in section 26.

      Sections 20.5, 21.5, 22 and 24.5 of this bill become effective on July 1, 2027. Section 20.5: (1) changes the name of the Teach Nevada Scholarship Program Account to the Teach Nevada Recruitment, Preparation and Retention Program Account; and (2) eliminates the requirement that money in the Account may only be used to award grants to entities to award scholarships pursuant to section 22. Section 21.5 expands the programs whose students are eligible to receive a scholarship from an institution that receives a grant from the Account. Section 22 eliminates the requirement that the recipient of a scholarship provided by an institution which receives a grant from the Account meet certain requirements to receive the remaining 25 percent of the scholarship that has not been disbursed. Section 22 additionally: (1) expands the group of students who may receive such a scholarship; (2) changes the method for determining the maximum amount of a scholarship a student may receive; and (3) requires institutions that receive grants to provide such scholarships to enter an agreement to share data with the Department. Sections 21.5, 22 and 24.5 make conforming changes to reflect the change in the name of the Account.

 


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κ2025 Statutes of Nevada, Page 3203 (CHAPTER 491, SB 81)κ

 

      Section 35 of this bill repeals provisions requiring the Department to: (1) recommend that a minimum amount of money be spent during each fiscal year of the biennium on textbooks, instructional supplies, instructional software and instructional hardware by all school districts, charter schools and university schools for profoundly gifted pupils; and (2) publish a report on school districts, charter schools and university schools for profoundly gifted pupils which did not spend the recommended minimum amount. Section 35 also repeals provisions requiring the board of trustees of each school district to submit an annual report concerning professional development training offered by the school district.

      Section 35.5 of this bill repeals provisions governing the Nevada Teacher Advancement Scholarship Program and the Incentivizing Pathways to Teaching Grant Program, including, without limitation, sections 25-31, on July 1, 2027. Section 35.7 of this bill requires any money that is in the budget account for the Incentivizing Pathways to Teaching Grant Program Account and the Nevada Teacher Advancement Scholarship Program Account on June 30, 2027, to be transferred to the Teach Nevada Scholarship Program Account.

 

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 385A of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall, to the extent that money is available for that purpose, create and conduct at each school in a school district and at each charter school in this State:

      (a) In a school year which begins in an odd-numbered calendar year, a survey administered to persons employed at the school, measuring the school climate.

      (b) In a school year which begins in an even-numbered calendar year, a survey administered to persons employed at the school, measuring working conditions in the school.

      (c) On an ongoing basis, a survey administered to persons who are leaving their employment at the school, including, without limitation, through retirement, transfer or resignation.

      2.  A school district or charter school shall use the results of surveys conducted pursuant to this section to assess and improve:

      (a) Strategies for the retention of staff; and

      (b) The school climate and working conditions at schools within the school district or at the charter school, as applicable.

      3.  Data collected from a survey conducted pursuant to this section must not be used in the evaluation of any:

      (a) School district or school as part of the statewide system of accountability set forth in NRS 385A.600 to 385A.840, inclusive; or

      (b) Teacher, administrator or other licensed educational personnel conducted pursuant to NRS 391.650 to 391.730, inclusive.

      4.  The Department shall include in the statewide system of accountability set forth in NRS 385A.600 to 385A.840, inclusive, recognition of public schools at which the rate of response to a survey administered pursuant to this section is at least 85 percent.

      5.  The Department shall annually submit to the Commission on School Funding created pursuant to NRS 387.1246 and the State Board a report of the data collected from a survey conducted pursuant to this section.

 


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κ2025 Statutes of Nevada, Page 3204 (CHAPTER 491, SB 81)κ

 

      6.  The Department may, to the extent that money is available for that purpose, contract with a qualified vendor to carry out the provisions of this section.

      7.  As used in this section, “school climate” has the meaning ascribed to it in NRS 385A.650.

      Sec. 2. NRS 385A.650 is hereby amended to read as follows:

      385A.650  1.  The principal of each school, including, without limitation, each charter school, shall, in consultation with the employees of the school, prepare a plan to improve the achievement of the pupils enrolled in the school.

      2.  The plan developed pursuant to subsection 1 must:

      (a) Include any information prescribed by regulation of the State Board;

      (b) Be developed in accordance with the provisions of NRS 388.885;

      (c) Be informed by the results of the surveys conducted pursuant to section 1 of this act;

      (d) Include, without limitation, methods for evaluating and improving the school climate in the school; and

      [(d)] (e) Comply with the provisions of 20 U.S.C. § 6311(d).

      3.  The principal of each school shall, in consultation with the employees of the school:

      (a) Review the plan prepared pursuant to this section annually to evaluate the effectiveness of the plan; and

      (b) Based upon the evaluation of the plan, make revisions, as necessary, to ensure that the plan is designed to improve the academic achievement of pupils enrolled in the school.

      4.  On or before the date prescribed by the Department, the principal of each school shall submit the plan or the revised plan, as applicable, to the:

      (a) Department;

      (b) Committee;

      (c) Bureau; and

      (d) Board of trustees of the school district in which the school is located or, if the school is a charter school, the sponsor of the charter school and the governing body of the charter school.

      5.  As used in this section, “school climate” means the basis of which to measure the relationships between pupils and the parents or legal guardians of pupils and educational personnel, the cultural and linguistic competence of instructional materials and educational personnel, the emotional and physical safety of pupils and educational personnel and the social, emotional and academic development of pupils and educational personnel.

      Sec. 3. (Deleted by amendment.)

      Sec. 4. NRS 387.1213 is hereby amended to read as follows:

      387.1213  1.  The Education Stabilization Account is hereby created in the State Education Fund. Except as otherwise provided in this section, each year after the close of the previous fiscal year and before the [issuance of the State Controller’s annual report,] close of the then current fiscal year, each county school district shall transfer from the county school district fund to the Education Stabilization Account any amount by which the actual ending fund balance of the county school district fund exceeds 16.6 percent of the total actual expenditures for the fund. The interest and income earned on the money in the Account, after deducting any applicable charges, must be credited to the Account.

 


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κ2025 Statutes of Nevada, Page 3205 (CHAPTER 491, SB 81)κ

 

      2.  Money transferred pursuant to subsection 1 to the Education Stabilization Account is a continuing appropriation solely for the purpose of authorizing the expenditure of the transferred money for the purposes set forth in this section.

      3.  The balance in the Education Stabilization Account must not exceed 20 percent of the total of all appropriations and authorizations from the State Education Fund, excluding the Education Stabilization Account, for the immediately preceding fiscal year. Any money transferred to the Education Stabilization Account which exceeds this amount must instead be transferred to the State Education Fund.

      4.  If the Interim Finance Committee finds that:

      (a) Upon submission of a request from the Department, the actual enrollment growth for a fiscal year exceeds the projected enrollment growth by an amount that the Interim Finance Committee determines would make a transfer of money to the State Education Fund necessary to fund the excess enrollment;

      (b) The collection of revenue in any fiscal year will result in the State Education Fund receiving less money than authorized for expenditure from the State Education Fund;

      (c) Upon submission of a request from the Department, any amount of money which was deposited in the State Education Fund is found by an audit to have been deposited in error; or

      (d) Upon submission of a request from the Department, any error in the application of the Pupil-Centered Funding Plan by the Department has created a shortfall in the State Education Fund,

Κ the Committee shall by resolution establish an amount of money to transfer from the Education Stabilization Account to the State Education Fund and direct the State Controller to transfer that amount to the State Education Fund. The State Controller shall thereupon make the transfer.

      5.  When determining the actual ending fund balance for the purposes of subsection 1, each county school district shall exclude:

      (a) Any money deposited in the county school district fund on or before June 30, 2020;

      (b) Any money apportioned to the county school district for capital projects or debt service pursuant to subsection 2 of NRS 362.170 and deposited in the county school district fund when authorized by law; and

      (c) Any money transferred to the county school district and authorized for expenditure as a continuing appropriation pursuant to paragraph (b) of subsection 6 of NRS 387.1214.

      6.  If the Superintendent of Public Instruction determines that the money due from the State Education Fund to a county school district, charter school or university school for profoundly gifted pupils pursuant to NRS 387.185 exceeds the amount of money available in the State Education Fund because of a delay in expected receipts, he or she may request from the Director of the Office of Finance a temporary advance from the Education Stabilization Account for the payment of such money due. Upon receipt of such a request, the Director of the Office of Finance shall make a recommendation to the Interim Finance Committee to approve the temporary advance in whole or in part or to deny the request. If the Interim Finance Committee approves the request in whole or in part, the Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the amount approved by the Interim Finance Committee, and the State Controller shall draw his or her warrant upon receipt of such a notice of approval.

 


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κ2025 Statutes of Nevada, Page 3206 (CHAPTER 491, SB 81)κ

 

and the State Controller shall draw his or her warrant upon receipt of such a notice of approval. Any money which is temporarily advanced from the Education Stabilization Account pursuant to this subsection must be repaid by August 31 following the end of the fiscal year in which the temporary advance is made.

      7.  The balance remaining in the State Education Fund, excluding the balance remaining in the Education Stabilization Account, that has not been committed for expenditure on or before June 30 of an odd-numbered fiscal year must be transferred to the Education Stabilization Account to the extent that such a transfer would not cause the balance in the Education Stabilization Account to exceed the limit established in subsection 3.

      Sec. 4.5. NRS 387.1223 is hereby amended to read as follows:

      387.1223  1.  On or before October 1, January 1, April 1 and July 1, each school district, charter school and university school for profoundly gifted pupils shall report to the Department, in the form prescribed by the Department, the average daily enrollment of pupils pursuant to this section for the immediately preceding quarter of the school year. If October 1, January 1, April 1 or July 1 falls on a Saturday, Sunday or legal holiday, the report may be submitted before 5 p.m. on the next business day.

      2.  Except as otherwise provided in subsection 3, the yearly apportionment from the State Education Fund for each school district, charter school and university school for profoundly gifted pupils must be computed by:

      (a) Multiplying the adjusted base per pupil funding established for that school district, charter school or university school for profoundly gifted pupils for that school year by the sum of:

             (1) The count of pupils enrolled in kindergarten and grades 1 to 12, inclusive, in a public school in the school district, the charter school or the university school for profoundly gifted pupils based on the average daily enrollment of those pupils during the quarter.

             (2) The count of pupils not included under subparagraph (1) who are enrolled full-time in a program of distance education provided by that school district, charter school or university school for profoundly gifted pupils based on the average daily enrollment of those pupils during the quarter.

             (3) The count of pupils who reside in the county and are enrolled:

                   (I) In a public school of the school district and are concurrently enrolled part-time in a program of distance education provided by another school district or a charter school, based on the average daily enrollment of those pupils during the quarter.

                   (II) In a charter school and are concurrently enrolled part-time in a program of distance education provided by the school district, based on the average daily enrollment of those pupils during the quarter.

             (4) The count of pupils not included under subparagraph (1), (2) or (3), who are receiving special education pursuant to the provisions of NRS 388.417 to 388.469, inclusive, and 388.5251 to 388.5267, inclusive, based on the average daily enrollment of those pupils during the quarter and excluding the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435.

             (5) Six-tenths the count of pupils who have not attained the age of 5 years and who are receiving special education pursuant to NRS 388.435, based on the average daily enrollment of those pupils during the quarter.

 


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κ2025 Statutes of Nevada, Page 3207 (CHAPTER 491, SB 81)κ

 

             (6) The count of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of NRS 388.550, 388.560 and 388.570, based on the average daily enrollment of those pupils during the quarter.

             (7) The count of pupils who are enrolled in classes for at least one semester pursuant to subsection 1 of NRS 388A.471, subsection 1 of NRS 388A.474 or subsection 1 of NRS 392.074, based on the average daily enrollment of pupils during the quarter and expressed as a percentage of the total time services are provided to those pupils per school day in proportion to the total time services are provided during a school day to pupils who are counted pursuant to subparagraph (1).

             (8) The count of pupils enrolled in a challenge school based on the average daily enrollment of those pupils calculated in the manner set forth in an agreement entered into pursuant to NRS 388D.330.

      (b) Adding to the amount computed in paragraph (a) the amounts appropriated pursuant to paragraphs (a), (b) and (e) of subsection 2 of NRS 387.1214.

      3.  Except as otherwise provided in subsection 4, if the enrollment of pupils in a school district or a charter school that is located within the school district based on the average daily enrollment of pupils during the quarter of the school year is less than or equal to 95 percent of the enrollment of pupils in the same school district or charter school based on the average daily enrollment of pupils during the same quarter of the immediately preceding school year, the enrollment of pupils during the same quarter of the immediately preceding school year must be used for purposes of making the monthly apportionments from the State Education Fund to that school district or charter school pursuant to NRS 387.124.

      4.  If the Department determines that a school district, [or] charter school or university school for profoundly gifted pupils deliberately causes a decline in the enrollment of pupils in the school district, [or] charter school or university school for profoundly gifted pupils to receive a higher apportionment pursuant to subsection 3, including, without limitation, by eliminating grades or moving into smaller facilities, the enrollment number from the current school year must be used for purposes of apportioning money from the State Education Fund to that school district, [or] charter school or university school for profoundly gifted pupils pursuant to NRS 387.124.

      5.  The Department shall prescribe a process for reconciling the quarterly reports submitted pursuant to subsection 1 to account for pupils who leave the school district or a public school during the school year.

      6.  Pupils who are excused from attendance at examinations or have completed their work in accordance with the rules of the board of trustees must be credited with attendance during that period.

      7.  Pupils who are incarcerated in a facility or institution operated by the Department of Corrections must not be counted for the purpose of computing the yearly apportionment pursuant to this section. The average daily attendance for such pupils must be reported to the Department of Education.

      8.  Pupils who are enrolled in courses which are approved by the Department as meeting the requirements for an adult to earn a high school diploma must not be counted for the purpose of computing the yearly apportionment pursuant to this section.

 


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κ2025 Statutes of Nevada, Page 3208 (CHAPTER 491, SB 81)κ

 

      Sec. 4.7. NRS 387.1225 is hereby amended to read as follows:

      387.1225  1.  A hospital or other facility which is licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services that provides residential treatment to children and which operates a private school licensed pursuant to chapter 394 of NRS may request reimbursement from the [school district or charter school in which a child is enrolled] Department for the cost of providing educational services to [the] a child if:

      (a) The [school district or charter school] Department verifies that the child is a patient or resident of the hospital or facility; and

      (b) The child attends the private school for more than 7 school days.

      2.  A hospital or other facility licensed in the District of Columbia or any state or territory of the United States that provides residential treatment and which operates an educational program accredited by a national organization and approved by the Department of Education may request reimbursement from the [school district or charter school in which a child is enrolled] Department for the cost of providing educational services to [the] a child if:

      (a) The Department [and the school district or charter school, as applicable, verify] verifies that the child:

             (1) Is a patient or resident of the hospital or facility; and

             (2) Is a resident of this State; and

      (b) The child:

             (1) Is admitted to the hospital or facility on an order from a physician because the necessary treatment required for the child is not available in this State;

             (2) Attends the accredited educational program for more than 7 school days;

             (3) Is not homeschooled or enrolled in a private school; and

             (4) Has been admitted to the medical facility under the order of a physician to receive medically necessary treatment for a medical or mental health condition with which the child has been diagnosed.

      3.  A hospital or other facility that wishes to receive reimbursement pursuant to subsection 2 shall:

      (a) Notify the Department and the school district or charter school in which the child is enrolled upon admitting the child to the accredited educational program; and

      (b) Transfer any educational records of the child to the school district or charter school in which the child is enrolled in accordance with any applicable regulations adopted pursuant to subsection 9.

      4.  Upon receiving a request for reimbursement pursuant to subsection 1 or 2, the [school district or charter school in which the child is enrolled] Department shall determine the amount of reimbursement to which the hospital or facility is entitled by multiplying the number of days determined pursuant to subsection 6 by the following, as applicable:

      (a) The daily rate of the adjusted base per pupil funding for the school district which the child would otherwise attend. The daily rate of the adjusted base per pupil funding for the school district which the child would otherwise attend must be calculated by dividing the adjusted base per pupil funding provided to the school district in which the child is enrolled pursuant to NRS 387.1214 by 180.

 


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κ2025 Statutes of Nevada, Page 3209 (CHAPTER 491, SB 81)κ

 

      (b) The daily rate of the statewide base per pupil funding amount or adjusted base per pupil funding, as applicable, for the charter school which the child would otherwise attend. The daily rate of the statewide base per pupil funding amount or adjusted base per pupil funding, as applicable, for the charter school which the child would otherwise attend must be calculated by dividing the statewide base per pupil funding amount or adjusted base per pupil funding, as applicable, provided to the charter school in which the child is enrolled pursuant to NRS 387.1214 by 180.

      5.  If the request for reimbursement is made pursuant to subsection 1, the child is a pupil with a disability and the hospital or facility is in compliance with the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto, the hospital or facility is also entitled to an amount determined by increasing the daily rate determined pursuant to subsection 4 by the statewide multiplier for the pupil established pursuant to NRS 387.122, which is received by the school district or charter school where the child was enrolled before being placed in the hospital or facility for the number of days determined pursuant to subsection 6. The Department shall distribute the money withheld from the school district or charter school to the hospital or facility.

      6.  For the purposes of subsections 4 and 5, the amount of reimbursement to which the hospital or facility is entitled must be calculated on the basis of the number of school days the child is a patient or resident of the hospital or facility and attends the private school or accredited educational program, as applicable, excluding the 7 school days prescribed in paragraph (b) of subsection 1 or subparagraph (2) of paragraph (b) of subsection 2, as applicable.

      7.  A hospital or other facility is not entitled to reimbursement for days of instruction provided to a child in a year in excess of the minimum number of days of free school required by NRS 388.090.

      8.  If a hospital or other facility requests reimbursement from [a school district or charter school] the Department for the cost of providing educational services to a pupil with a disability pursuant to subsection 1 or 2, the school district or charter school in which the child is enrolled shall be deemed to be the local educational agency for the child for the purposes of the Individuals with Disabilities Education Act, 20 U.S.C. §§ 1400 et seq., NRS 388.417 to 388.5243, inclusive, and any regulations adopted pursuant thereto.

      9.  The Department shall adopt any regulations necessary to carry out the provisions of this section, which may include, without limitation, regulations to:

      (a) Prescribe a procedure for the transfer of educational records pursuant to subsection 3;

      (b) Carry out or ensure compliance with the requirements of subsections 4 and 5 concerning reimbursement for educational services provided to a pupil with a disability; and

      (c) Require the auditing of [:

             (1) A] a hospital or other facility that requests reimbursement [; and

             (2) A school district or charter school from which reimbursement is requested,

Κ] pursuant to this section to ensure compliance with any applicable provisions of federal or state law.

 


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κ2025 Statutes of Nevada, Page 3210 (CHAPTER 491, SB 81)κ

 

      10.  The provisions of this section must not be construed to authorize reimbursement pursuant to this section of a hospital or facility for the cost of health care services provided to a child.

      11.  As used in this section:

      (a) “Hospital” has the meaning ascribed to it in NRS 449.012.

      (b) “Private school” has the meaning ascribed to it in NRS 394.103.

      Sec. 5. NRS 387.12445 is hereby amended to read as follows:

      387.12445  1.  Except as otherwise provided in subsection 2, each school district shall ensure that all adjusted base per pupil funding received by the school district pursuant to paragraph (c) of subsection 2 of NRS 387.1214 is accounted for separately and, after a deduction for the administrative expenses of the school district in an amount which does not exceed the amount prescribed by the Department by regulation for each school district, be distributed and used as described in this subsection. The adjusted base per pupil funding provided to each school district must:

      (a) Be distributed by each school district to its public schools in a manner that ensures each pupil in the school district receives a reasonably equal educational opportunity.

      (b) Be used to support the educational needs of all pupils in the school district, including, without limitation, operating each public school in the school district, training and supporting educational personnel and carrying out any program or service established by, or requirement imposed pursuant to, this title for any purpose for which specific funding is not appropriated pursuant to paragraph (a), (b) or (e) of subsection 2 of NRS 387.1214 or NRS 387.122.

      2.  If a school district determines that an additional amount of money is necessary to satisfy requirements for maintenance of effort or any other requirement under federal law for pupils with disabilities enrolled in the school district, the school district may transfer the necessary amount of money from the adjusted base per pupil funding received by the school district for that purpose.

      3.  Each school district shall ensure that all weighted funding received by the school district pursuant to paragraph (e) of subsection 2 of NRS 387.1214 is accounted for separately and distributed directly to each school in which the relevant pupils are estimated to be enrolled.

      4.  Each public school shall account separately for the local funding for pupils with disabilities received by the public school pursuant to paragraph (b) of subsection 2 of NRS 387.1214, for the adjusted base per pupil funding received by the public school pursuant to paragraph (c) of subsection 2 of NRS 387.1214, for each category of weighted funding received by the public school pursuant to paragraph (e) of subsection 2 of NRS 387.1214 and for money received from the statewide multiplier pursuant to NRS 387.122. Unless the provisions of subsection 7 or 8 impose greater restrictions on the use of weighted funding by a public school, the public school must use the weighted funding received for each relevant pupil:

      (a) As a supplement to the adjusted base per pupil funding received for the pupil; and

      (b) Solely for the purpose of providing such additional educational programs, services or support as are necessary to ensure the pupil receives a reasonably equal educational opportunity.

 


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κ2025 Statutes of Nevada, Page 3211 (CHAPTER 491, SB 81)κ

 

      5.  Except as otherwise provided in subsection 6, the separate accounting required by subsection 4 for pupils with disabilities and gifted and talented pupils must include:

      (a) The amount of money provided to the public school for special education; and

      (b) The cost of:

             (1) Instruction provided by licensed special education teachers and supporting staff;

             (2) Related services, including, without limitation, services provided by psychologists, therapists and health-related personnel;

             (3) Transportation of the pupils with disabilities and gifted and talented pupils to and from school;

             (4) The direct supervision of educational and supporting programs; and

             (5) The supplies and equipment needed for providing special education.

      6.  Money received from federal sources must be accounted for separately and excluded from the accounting required pursuant to subsection 5.

      7.  A public school that receives weighted funding for one or more at-risk pupils must use that weighted funding only to provide [Victory] services for at-risk pupils and, if one or more at-risk pupils for whom the school received weighted funding in the at-risk pupil category also belong to one or more other categories of pupils who receive weighted funding, the additional services for each such at-risk pupil which are appropriate for each category to which the at-risk pupil belongs.

      8.  A public school that receives weighted funding for one or more pupils who are English learners must use that weighted funding only to provide [Zoom] services for pupils who are English learners and, if one or more English learners for whom the school received weighted funding in the English learner category also belong to one or more other categories of pupils who receive weighted funding, the additional services for each such English learner which are appropriate for each category to which the English learner belongs.

      9.  The Department shall adopt regulations prescribing the maximum amount of money that each school district may deduct for its administrative expenses from the adjusted base per pupil funding received by the school district. When adopting such regulations, the Department may express the maximum amount of money that may be deducted as a percentage of the adjusted base per pupil funding received by the school district.

      10.  As used in this section:

      (a) [“Victory services”] “Services for at-risk pupils” means any one or more of the following services:

             (1) A prekindergarten program provided free of charge.

             (2) A summer academy or other instruction for pupils provided free of charge at times during the year when school is not in session.

             (3) Additional instruction or other learning opportunities provided free of charge at times of day when school is not in session.

             (4) Professional development for teachers and other educational personnel concerning instructional practices and strategies that have proven to be an effective means to increase pupil achievement in populations of at-risk pupils.

 


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κ2025 Statutes of Nevada, Page 3212 (CHAPTER 491, SB 81)κ

 

             (5) Incentives for hiring and retaining teachers and other licensed educational personnel who provide [Victory] services [.] for at-risk pupils.

             (6) Employment of paraprofessionals, other educational personnel and other persons who provide [Victory] services [.] for at-risk pupils.

             (7) A reading skills center.

             (8) Integrated student supports, wrap-around services and evidence-based programs designed to meet the needs of at-risk pupils.

             (9) Any other service or program that has a demonstrated record of success for similarly situated pupils in comparable school districts and has been reviewed and approved as a [Victory] service for at-risk pupils by the Superintendent of Public Instruction.

      (b) [“Zoom services”] “Services for pupils who are English learners” means any one or more of the following services:

             (1) A prekindergarten program provided free of charge.

             (2) A reading skills center.

             (3) Professional development for teachers and other licensed educational personnel regarding effective instructional practices and strategies for pupils who are English learners.

             (4) Incentives for hiring and retaining teachers and other licensed educational personnel who provide [Zoom] services [.] for pupils who are English learners.

             (5) Engagement and involvement with parents and families of pupils who are English learners, including, without limitation, increasing effective, culturally appropriate communication with and outreach to parents and families to support the academic achievement of those pupils.

             (6) A summer academy or, for those schools that do not operate on a traditional school calendar, an intersession academy provided free of charge, including, without limitation, the provision of transportation to attend the summer academy or intersession academy.

             (7) An extended school day.

             (8) Any other service or program that has a demonstrated record of success for similarly situated pupils in comparable school districts and has been reviewed and approved as a [Zoom] service for pupils who are English learners by the Superintendent of Public Instruction.

      Sec. 6. NRS 387.303 is hereby amended to read as follows:

      387.303  1.  [Not later than November 1 of each] Each year, on or before the Friday of the first week in January that contains 5 business days, the board of trustees of each school district shall submit to the Superintendent of Public Instruction and the Department of Taxation a report which includes the following information:

      (a) For each fund within the school district, including, without limitation, the school district’s general fund and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the school district in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the school district’s final budget, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (b) The school district’s actual expenditures in the fiscal year immediately preceding the report.

 


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      (c) The school district’s proposed expenditures for the current fiscal year.

      (d) The schedule of salaries for licensed employees in the current school year and a statement of whether the negotiations regarding salaries for the current school year have been completed. If the negotiations have not been completed at the time the schedule of salaries is submitted, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations or the determination of an arbitrator concerning the negotiations that includes the schedule of salaries agreed to or required by the arbitrator.

      (e) The number of employees who received an increase in salary pursuant to NRS 391.161, 391.162 or 391.163 for the current and preceding fiscal years. If the board of trustees is required to pay an increase in salary retroactively pursuant to NRS 391.161, the board of trustees shall submit a supplemental report to the Superintendent of Public Instruction not later than February 15 of the year in which the retroactive payment was made that includes the number of teachers to whom an increase in salary was paid retroactively.

      (f) The number of employees eligible for health insurance within the school district for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      (g) The rates for fringe benefits, excluding health insurance, paid by the school district for its licensed employees in the preceding and current fiscal years.

      (h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

      2.  On or before [November 25] the last Friday in January of each year, the Superintendent of Public Instruction shall submit to the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Office of Finance, a compilation of the reports made by each school district pursuant to subsection 1.

      3.  In preparing the agency biennial budget request for the State Education Fund for submission to the Office of Finance, the Superintendent of Public Instruction:

      (a) Shall compile the information from the most recent compilation of reports submitted pursuant to subsection 2; and

      (b) May consider the cost of enhancements to existing programs or the projected cost of proposed new educational programs, regardless of whether those enhancements or new programs are included in the adjusted base per pupil funding for inclusion in the biennial budget request to the Office of Finance.

      4.  The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues of the school districts with the apportionment received by those districts from the State Education Fund for the preceding year.

      5.  The request prepared pursuant to subsection 3 must:

      (a) Be presented by the Superintendent of Public Instruction to such standing committees of the Legislature as requested by the standing committees for the purposes of developing educational programs and providing appropriations for those programs; and

 


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      (b) Provide for a direct comparison of appropriations to the proposed budget of the Governor submitted pursuant to subsection 4 of NRS 353.230.

      Sec. 7. NRS 387.320 is hereby amended to read as follows:

      387.320  [1.]  During each quarter of each school year, the clerk of the board of trustees of a county school district shall cause to be published on the Internet website of the county school district a list of expenditures of the county school district made during the previous quarter school year. The published list of expenditures shall be in the form prescribed by the Superintendent of Public Instruction.

      [2.  The publication required by subsection 1 shall be printed in some newspaper published and of general circulation in the county the boundaries of which are conterminous with the boundaries of the county school district.

      3.  The newspaper described in subsection 2 must possess the qualifications prescribed in chapter 238 of NRS.

      4.  If no qualified newspaper is published within a county, then the required publication shall be printed in some qualified newspaper printed in the State of Nevada and having a general circulation within the county.]

      Sec. 7.3. NRS 388.360 is hereby amended to read as follows:

      388.360  The State Board is hereby designated as the sole state agency responsible for the administration of career and technical education in the State of Nevada. The State Board may:

      1.  Cooperate with any federal agency, board or department designated to administer the Acts of Congress apportioning federal money to the State of Nevada for career and technical education.

      2.  Establish policies and adopt regulations for the administration of any legislation enacted pursuant thereto by the State of Nevada.

      3.  Establish policies and adopt regulations for the administration of money provided by the Federal Government and the State of Nevada for the promotion, extension and improvement of career and technical education in Nevada.

      4.  Establish policies or regulations and formulate plans for the promotion of career and technical education in such subjects as are an essential and integral part of the system of public education in the State of Nevada.

      5.  Establish policies to provide for the preparation of teachers of such programs and subjects.

      6.  Approve positions for such persons as may be necessary to administer the federal act and provisions of this title enacted pursuant thereto for the State of Nevada.

      7.  [Direct] Request the Superintendent of Public Instruction to make studies and investigations relating to career and technical education.

      8.  Establish policies to promote and aid in the establishment by local communities of schools, departments or classes giving training in career and technical subjects.

      9.  Cooperate with local communities in the maintenance of such schools, departments or classes.

      10.  Prescribe qualifications for the teachers, directors and supervisors of career and technical subjects.

      11.  Provide for the certification of such teachers, directors and supervisors.

 


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      12.  Establish policies or regulations to cooperate in the maintenance of classes supported and controlled by the public for the preparation of the teachers, directors and supervisors of career and technical subjects, or maintain such classes under its own direction and control.

      13.  Establish by regulation the qualifications required for persons engaged in the training of teachers for career and technical education.

      Sec. 7.7. NRS 388.396 is hereby amended to read as follows:

      388.396  For each grant of money awarded pursuant to NRS 388.393, 388.394 or 388.395, the [Executive Officer of the State Board] Superintendent of Public Instruction shall designate a program professional to:

      1.  Evaluate the manner in which the money was expended and the effectiveness of the program of career and technical education for which the money was granted; and

      2.  Report the results of the review to the State Board.

      Sec. 8. NRS 388.570 is hereby amended to read as follows:

      388.570  [1.]  The State Board shall establish regulations for the computation of enrollment and average daily attendance of children detained in facilities for the detention of children, alternative programs and juvenile forestry camps receiving instruction pursuant to the provisions of this section and NRS 388.550 and 388.560.

      [2.  Boards of trustees of school districts providing such instruction shall report to the Superintendent of Public Instruction at such times and in such manner as the Superintendent prescribes.]

      Sec. 9. NRS 388.700 is hereby amended to read as follows:

      388.700  1.  Except as otherwise provided in this section, [for each school quarter of a school year,] the ratio in each school district of pupils per licensed teacher designated to teach, on a full-time basis, in classes where core curriculum is taught:

      (a) In kindergarten and grades 1 and 2, must not exceed 16 to 1, and in grade 3, must not exceed 18 to 1; or

      (b) If a plan is approved pursuant to subsection 3 of NRS 388.720, must not exceed the ratio set forth in that plan for the grade levels specified in the plan.

Κ In determining this ratio, all licensed educational personnel who teach a grade level specified in paragraph (a) or a grade level specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district, must be counted except teachers of art, music, physical education or special education, teachers who teach one or two specific subject areas to more than one classroom of pupils, counselors, librarians, administrators, deans, specialists, any administrators or other licensed educational personnel, including, without limitation, counselors, coaches and special education teachers, who may be present in a classroom but do not teach every pupil in the classroom and teachers who are not actively teaching pupils during a class period or who do not teach a subject area for which the ratio of pupils per licensed teacher is being determined.

      2.  A school district may, within the limits of any plan adopted pursuant to NRS 388.720, assign a pupil whose enrollment in a grade occurs after the end of a [quarter] reporting period during the school year to any existing class regardless of the number of pupils in the class if the school district requests and is approved for a variance from the State Board pursuant to subsection 4 [.] for any relevant reporting period.

 


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      3.  Each school district that includes one or more elementary schools which exceed the ratio of pupils per class during any [quarter of] reporting period during a school year [, as reported to the Department] pursuant to NRS 388.725:

      (a) Set forth in subsection 1;

      (b) Prescribed in conjunction with a legislative appropriation for the support of the class-size reduction program; or

      (c) Defined by a legislatively approved alternative class-size reduction plan, if applicable to that school district,

Κ must request a variance for each such school for the next [quarter of the current school year if a quarter remains in that school year or for the next quarter of the succeeding school year, as applicable,] reporting period from the State Board by providing a written statement that includes the reasons for the request, the justification for exceeding the applicable prescribed ratio of pupils per class and a plan of actions that the school district will take to reduce the ratio of pupils per class.

      4.  The State Board may grant to a school district a variance from the limitation on the number of pupils per class set forth in paragraph (a), (b) or (c) of subsection 3 for good cause, including the lack of available financial support specifically set aside for the reduction of pupil-teacher ratios.

      5.  The State Board shall, on a [quarterly] semiannual basis, submit a report to the Interim Finance Committee on each variance requested by a school district pursuant to subsection 4 during the preceding [quarter] reporting period and, if a variance was granted, an identification of each elementary school for which a variance was granted and the specific justification for the variance.

      6.  [The State Board shall, on or before February 1 of each odd-numbered year, submit a report to the Legislature on:

      (a) Each variance requested by a school district pursuant to subsection 4 during the preceding biennium and, if a variance was granted, an identification of each elementary school for which variance was granted and the specific justification for the variance.

      (b) The data reported to it by the various school districts pursuant to subsection 2 of NRS 388.710, including an explanation of that data, and the current pupil-teacher ratios per class in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable for the school district.

      7.]  The Department shall, on or before November 15 of each year, report to the Chief of the Budget Division of the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau:

      (a) The number of teachers employed full-time;

      (b) The number of teachers employed in order to attain the ratio required by subsection 1;

      (c) The number of substitute teachers filling vacancies or long-term positions;

      (d) The number of pupils enrolled; and

      (e) The number of teachers assigned to teach in the same classroom with another teacher or in any other arrangement other than one teacher assigned to one classroom of pupils,

 


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Κ during the current school year in the grade levels specified in paragraph (a) of subsection 1 or the grade levels specified in a plan that is approved pursuant to subsection 3 of NRS 388.720, as applicable, for each school district.

      [8.]7.  The provisions of this section do not apply to a charter school or to a program of distance education provided pursuant to NRS 388.820 to 388.874, inclusive.

      8.  As used in this section, “reporting period” means the reporting periods described in subsection 1 of NRS 388.725.

      Sec. 10. NRS 388.720 is hereby amended to read as follows:

      388.720  1.  Except as otherwise provided in subsection 2, each school district together with the recognized associations representing licensed educational personnel shall develop a plan to reduce the district’s pupil-teacher ratio per class in kindergarten and grades 1, 2 and 3 within the limits of available financial support specifically set aside for this purpose and submit that plan to the State Board [.] on or before October 1 of each year.

      2.  In lieu of complying with the pupil-teacher ratio prescribed in paragraph (a) of subsection 1 of NRS 388.700, a school district in a county whose population is less than 100,000 may, in consultation with the recognized associations representing licensed educational personnel, develop a plan to reduce the district’s pupil-teacher ratios per class for specified grade levels in elementary schools. Alternative ratios for grade 6 may only be approved for those school districts that include grade 6 in elementary school. The alternative pupil-teacher ratios must not:

      (a) Exceed 22 to 1 in grades 1, 2 and 3; and

      (b) Exceed 25 to 1 in grades 4 and 5 or grades 4, 5 and 6, as applicable.

      3.  The State Board shall approve a plan submitted pursuant to subsection 2 if the plan:

      (a) Reduces the district’s pupil-teacher ratio in the elementary schools within the school district; and

      (b) Is fiscally neutral such that the plan will not cost more to carry out than a plan that complies with the ratios prescribed in paragraph (a) of subsection 1 of NRS 388.700.

      Sec. 11. NRS 388.723 is hereby amended to read as follows:

      388.723  The Department shall:

      1.  Develop policies and procedures for:

      (a) Monitoring the plan of each school district to reduce the pupil-teacher ratio per class developed pursuant to NRS 388.720, which must include, without limitation, provisions for:

             (1) The review of each plan submitted to the State Board to ensure the adequacy of such plans; and

             (2) The review of any data submitted to the State Board pursuant to NRS 388.710.

      (b) Monitoring the [quarterly] semiannual reports concerning the average daily enrollment of pupils and the pupil-teacher ratios in each school district submitted by the board of trustees of the school district pursuant to NRS 388.725 to ensure the completeness and accuracy of such reports.

      (c) The review of any requests for a variance submitted to the State Board pursuant to NRS 388.700, which must include, without limitation, provisions to verify the information in such requests to ensure the accuracy of the reports on variances submitted by the State Board to the [Legislature] Interim Finance Committee pursuant to that section.

 


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κ2025 Statutes of Nevada, Page 3218 (CHAPTER 491, SB 81)κ

 

      [(d) The distribution of money to each school district for the reduction of pupil-teacher ratios, which must include, without limitation, provisions for:

             (1) The retention of all documents and records related to the distribution; and

             (2) The review of the work performed to determine the distribution of such money to ensure the accuracy of supporting information and the calculations used in making such determinations.]

      2.  Provide guidance to the school districts on:

      (a) The development of a plan to reduce the pupil-teacher ratio per class pursuant to NRS 388.720. In developing such guidance, the Department shall:

             (1) Outline the criteria that each plan must include to meet the requirements of NRS 388.720.

             (2) Provide examples of policies, plans or strategies adopted by other states to reduce class sizes.

      (b) The requirements for reporting information related to the reduction of pupil-teacher ratios.

      (c) The data that must be monitored pursuant to NRS 388.710 by each school district and used to measure the effectiveness of the implementation of any plan to reduce pupil-teacher ratios.

      3.  Communicate with the board of trustees of each school district regarding the expectations of the Department for the use of any money distributed to reduce pupil-teacher ratios in the school district, including, without limitation, the minimum number of teachers the school district is expected to employ.

      Sec. 12. NRS 388.725 is hereby amended to read as follows:

      388.725  1.  [On or before August 1, November 1, February 1 and May 1 of each] Each year, the board of trustees of each school district shall report to the Department on or before October 15 for the [preceding quarter:] reporting period beginning on July 1 and ending on September 30 and on or before April 15 for the reporting period beginning January 1 and ending on March 31:

      (a) Except as otherwise provided in paragraph (b), the average daily enrollment of pupils and the ratio of pupils per licensed teacher for grades 1, 2 and 3 for each elementary school in the school district.

      (b) If the State Board has approved an alternative class-size reduction plan for the school district pursuant to NRS 388.720, the average daily enrollment of pupils and the ratio of pupils per licensed teacher for those grades which are required to comply with the alternative class-size reduction plan for each elementary school in the school district.

      2.  The board of trustees of each school district shall post on the Internet website maintained by the school district:

      (a) The information concerning average daily enrollment and class size for each elementary school in the school district, as reported to the Department pursuant to subsection 1; and

      (b) An identification of each elementary school in the school district, if any, for which a variance from the prescribed pupil-teacher ratios was granted by the State Board pursuant to subsection 4 of NRS 388.700.

      Sec. 13. NRS 388A.345 is hereby amended to read as follows:

      388A.345  1.  [On] Each year, on or before [November 1 of each year,] the Friday of the first week in January that contains 5 business days, the governing body of each charter school shall submit to the sponsor of the charter school, the Superintendent of Public Instruction and the Director of the Legislative Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:

 


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κ2025 Statutes of Nevada, Page 3219 (CHAPTER 491, SB 81)κ

 

charter school, the Superintendent of Public Instruction and the Director of the Legislative Counsel Bureau for transmission to the Majority Leader of the Senate and the Speaker of the Assembly a report that includes:

      (a) A written description of the progress of the charter school in achieving the mission and goals of the charter school set forth in its application.

      (b) For each fund maintained by the charter school, including, without limitation, the general fund of the charter school and any special revenue fund which receives state money, the total number and salaries of licensed and nonlicensed persons whose salaries are paid from the fund and who are employed by the governing body in full-time positions or in part-time positions added together to represent full-time positions. Information must be provided for the current school year based upon the final budget of the charter school, including any amendments and augmentations thereto, and for the preceding school year. An employee must be categorized as filling an instructional, administrative, instructional support or other position.

      (c) The actual expenditures of the charter school in the fiscal year immediately preceding the report.

      (d) The proposed expenditures of the charter school for the current fiscal year.

      (e) The salary schedule for licensed employees and nonlicensed teachers in the current school year and a statement of whether salary negotiations for the current school year have been completed. If salary negotiations have not been completed at the time the salary schedule is submitted, the governing body shall submit a supplemental report to the Superintendent of Public Instruction upon completion of negotiations.

      (f) The number of employees eligible for health insurance within the charter school for the current and preceding fiscal years and the amount paid for health insurance for each such employee during those years.

      (g) The rates for fringe benefits, excluding health insurance, paid by the charter school for its licensed employees in the preceding and current fiscal years.

      (h) The amount paid for extra duties, supervision of extracurricular activities and supplemental pay and the number of employees receiving that pay in the preceding and current fiscal years.

      2.  On or before [November 25] the last Friday in January of each year, the Superintendent of Public Instruction shall submit to the Office of Finance and the Fiscal Analysis Division of the Legislative Counsel Bureau, in a format approved by the Director of the Office of Finance, a compilation of the reports made by each governing body pursuant to subsection 1.

      3.  The Superintendent of Public Instruction shall, in the compilation required by subsection 2, reconcile the revenues and expenditures of the charter schools with the apportionment received by those schools from the State Education Fund for the preceding year.

      Sec. 14. NRS 388A.355 is hereby amended to read as follows:

      388A.355  On or before [December] February 15 of each [odd-numbered] year, the sponsor of a charter school must submit a report describing any actions the sponsor of the charter school has taken pursuant to NRS 388A.330 to the Joint Interim Standing Committee on Education if:

 


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κ2025 Statutes of Nevada, Page 3220 (CHAPTER 491, SB 81)κ

 

      1.  The charter school has received, within each of the immediately preceding 3 consecutive school years, one of the two lowest ratings of performance pursuant to the statewide system of accountability for public schools; and

      2.  The governing body of the charter school does not plan to close the charter school pursuant to NRS 388A.306 or change the sponsorship of the charter school pursuant to NRS 388A.231.

      Sec. 15. NRS 388C.250 is hereby amended to read as follows:

      388C.250  1.  The governing body of a university school for profoundly gifted pupils shall submit to the Department in a format prescribed by the Department such information as requested by the Superintendent of Public Instruction for purposes of accountability reporting for the university school.

      2.  [The] Each year, the governing body of a university school for profoundly gifted pupils shall, on or before [November 15 of each year,] the Friday of the first week in January that contains 5 business days, submit to the Department in a format prescribed by the Department the following information:

      (a) The actual expenditures of the university school for profoundly gifted pupils in the fiscal year immediately preceding the report; and

      (b) The proposed expenditures of the university school for profoundly gifted pupils for the current fiscal year.

      Sec. 16. NRS 388G.200 is hereby amended to read as follows:

      388G.200  [1.]  Each empowerment school, other than a charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county, shall, on a quarterly basis, submit to the board of trustees of the school district in which the school is located a report that includes:

      [(a)]1.  The financial status of the school; and

      [(b)]2.  A description of the school’s compliance with each component of the empowerment plan for the school.

      [2.  Each charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county which is approved to operate as an empowerment school shall, on a quarterly basis, submit to the Department a report that includes:

      (a) The financial status of the school; and

      (b) A description of the school’s compliance with each component of the empowerment plan for the school.

      3.  The board of trustees of a school district shall conduct a financial audit of each empowerment school within the school district, other than a charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county. Each financial audit must be conducted on an annual basis and more frequently if determined necessary by the board of trustees.

      4.  The Department shall conduct a financial audit of each charter school that is sponsored by the State Public Charter School Authority, by a college or university within the Nevada System of Higher Education or by a city or county which operates as an empowerment school on an annual basis and more frequently if determined necessary by the Department.

 


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κ2025 Statutes of Nevada, Page 3221 (CHAPTER 491, SB 81)κ

 

      5.  On or before July 1 of each year, the board of trustees of each school district shall compile the reports and audits required pursuant to subsections 1 and 3, if any, and forward the compilation to the:

      (a) Governor;

      (b) Department; and

      (c) Joint Interim Standing Committee on Education.

      6.  On or before July 1 of each year, the Department shall compile the reports and audits required pursuant to subsections 2 and 4, if any, and forward the compilation to the:

      (a) Governor; and

      (b) Joint Interim Standing Committee on Education.]

      Sec. 17. NRS 389.167 is hereby amended to read as follows:

      389.167  1.  A pupil enrolled at a public school must be allowed to apply one or more credits toward the total number of credits required for graduation from high school if the pupil successfully completes the number of hours in a work-based learning program required by regulation of the State Board to earn such credits. Any credits earned for successful completion of a work-based learning program must be applied toward the pupil’s elective course credits and not toward a course that is required for graduation from high school.

      2.  The board of trustees of a school district or the governing body of a charter school may offer a work-based learning program upon application to and with the approval of the Superintendent of Public Instruction. An application to offer a work-based learning program must include, without limitation:

      (a) The fields, trades or occupations in which a work-based learning program will be offered.

      (b) The qualifications of a pupil to participate in the work-based learning program. Such qualifications must allow a majority of pupils to be eligible to participate in the work-based learning program.

      (c) A description of the process that will be used by pupils to apply to participate in a work-based learning program.

      (d) A description of the manner in which participation in a work-based learning program and completion of the requirements of a work-based learning program will be verified.

      (e) A description of the manner in which the performance of a pupil who participates in the work-based learning program will be evaluated, which must include, without limitation, an on-site evaluation of the performance of the pupil.

      3.  Upon approval by the Superintendent of Public Instruction of an application to offer a work-based learning program submitted pursuant to subsection 2, the board of trustees or the governing body shall:

      (a) Designate an employee of the school district or charter school, as applicable, to serve as a work-based learning coordinator to coordinate and oversee work-based learning programs. Such an employee must ensure that each business, agency or organization that will offer employment and supervision of a pupil as part of the work-based learning program is suitable for participation in a work-based learning program.

      (b) Establish and maintain a list of businesses, agencies and organizations that have been found suitable by the work-based learning coordinator pursuant to paragraph (a).

 


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      4.  To receive approval from the Superintendent of Public Instruction to offer a work-based learning program, the work-based learning program must include, without limitation, requirements that:

      (a) A detailed training agreement and training plan be completed for each pupil participating in the work-based learning program for credit that identifies the specific tasks in which the pupil will participate that will develop competency of the pupil in the workplace;

      (b) A pupil participating in the work-based learning program be allowed to leave the public school in which he or she is enrolled during the school day to participate in such a program;

      (c) Participation by a pupil in the work-based learning program will develop a broad range of skills and will allow a pupil to focus on his or her chosen career pathway; and

      (d) Training be completed by each pupil participating in the work-based learning program on:

             (1) Identifying and reporting harassment in the workplace;

             (2) Developing and maintaining healthy relationships in the workplace; and

             (3) Identifying the signs of a person engaging in predatory conduct to prepare a pupil for sexual activity or to foster an inappropriate personal or professional relationship with a pupil, including, without limitation, through communicating or attempting to befriend or establish a relationship or other connection with a parent or legal guardian of a pupil in furtherance of such conduct.

      5.  A school district or charter school may allow a pupil who successfully completes a work-based learning program to earn dual credit for participation in the work-based learning program.

      [6.  On or before January 15 of each odd-numbered year, the board of trustees of a school district and the governing body of a charter school that offers a work-based learning program shall prepare a report concerning the manner in which the work-based learning program has been carried out and submit the report to the State Board and the Legislature. The report must include, without limitation:

      (a) The number of pupils participating in the work-based learning program; and

      (b) The types of work-based learning offered through the work-based learning program.

      7.  The number of pupils participating in the work-based learning program reported pursuant to paragraph (a) of subsection 6 must be disaggregated on the basis of the following characteristics:

      (a) Pupils who are American Indian or Alaska Native, Asian, Black or African American, Hispanic or Latino, Native Hawaiian or Pacific Islander, white or two or more races;

      (b) Gender of pupils;

      (c) Pupils who are migrants; and

      (d) Pupils who are members of special populations, as defined in 20 U.S.C. § 2302(48).]

      Sec. 18. NRS 391.019 is hereby amended to read as follows:

      391.019  1.  Except as otherwise provided in NRS 391.027, the Commission shall adopt regulations:

 


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κ2025 Statutes of Nevada, Page 3223 (CHAPTER 491, SB 81)κ

 

      (a) Prescribing the qualifications for licensing teachers and other educational personnel and the procedures for the issuance and renewal of those licenses. The regulations:

             (1) Must include, without limitation, the qualifications for licensing teachers [and administrators] pursuant to an alternative route to licensure which provides that the required education and training may be provided by any qualified provider which has been approved by the Commission, including, without limitation, institutions of higher education and other providers that operate independently of an institution of higher education. The regulations adopted pursuant to this subparagraph must:

                   (I) Establish the requirements for approval as a qualified provider;

                   (II) Require a qualified provider to be selective in its acceptance of students;

                   (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 include, without limitation, qualifications and procedures for licensed teachers and other licensed educational personnel to become licensed as an administrator without restricting the ability of a person who becomes an administrator pursuant to this subparagraph to serve as an administrator.

             (3) 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)] (4) Must not prescribe qualifications which are more stringent than the qualifications set forth in NRS 391.0315 for a licensed teacher who applies for an additional license in accordance with that section.

      (b) Identifying fields of specialization in teaching which require the specialized training of teachers.

      (c) Except as otherwise provided in NRS 391.125, requiring teachers to obtain from the Department an endorsement in a field of specialization to be eligible to teach in that field of specialization.

 


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      (d) Setting forth the educational requirements a teacher must satisfy to qualify for an endorsement in each field of specialization.

      (e) Setting forth the qualifications and requirements for obtaining a license or endorsement to teach American Sign Language, including, without limitation, being registered with the Aging and Disability Services Division of the Department of Health and Human Services pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting.

      (f) Requiring teachers and other educational personnel to be registered with the Aging and Disability Services Division pursuant to NRS 656A.100 to engage in the practice of sign language interpreting in a primary or secondary educational setting if they:

             (1) Provide instruction or other educational services; and

             (2) Concurrently engage in the practice of sign language interpreting, as defined in NRS 656A.060.

      (g) Prescribing course work on parental involvement and family engagement. The Commission shall:

             (1) Work in cooperation with the Office of Parental Involvement and Family Engagement created by NRS 385.630 in developing the regulations required by this paragraph.

             (2) Establish standards for professional development training which may be used to satisfy any course work requirement prescribed pursuant to this paragraph.

      (h) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in cultural competency.

      (i) Authorizing the Superintendent of Public Instruction to issue a license by endorsement to an applicant who holds an equivalent license or authorization issued by a governmental entity in another country if the Superintendent determines that the qualifications for the equivalent license or authorization are substantially similar to those prescribed pursuant to paragraph (a).

      (j) Establishing the requirements for obtaining an endorsement on the license of a teacher, administrator or other educational personnel in teaching courses relating to financial literacy.

      (k) Authorizing a person who is employed as a paraprofessional and enrolled in a program to become a teacher to complete an accelerated program of student teaching in the same or a substantially similar area in which the person is employed as a paraprofessional while remaining employed as a paraprofessional.

      (l) Requiring the Department to accept a program of student teaching or other teaching experience completed in another state or foreign country by an applicant for a license if the Department determines that the program or experience substantially fulfills the standards of a program of student teaching in this State.

      (m) Authorizing a person who is employed by a public school to provide support or other services relating to school psychology, if the person does not hold a license or endorsement as a school psychologist but is enrolled in a program that would allow the person to obtain such a license or endorsement, to complete a program of internship in school psychology while remaining employed in such a position.

      (n) To carry out the provisions of NRS 391B.010.

 


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      2.  Except as otherwise provided in NRS 391.027, the Commission may adopt such other regulations as it deems necessary for its own government or to carry out its duties.

      3.  Any regulation which increases the amount of education, training or experience required for licensing:

      (a) Must, in addition to the requirements for publication in chapter 233B of NRS, be publicized before its adoption in a manner reasonably calculated to inform those persons affected by the change.

      (b) Must not become effective until at least 1 year after the date it is adopted by the Commission.

      (c) Is not applicable to a license in effect on the date the regulation becomes effective.

      Sec. 19. NRS 391.155 is hereby amended to read as follows:

      391.155  Each school district in this State that employs a consultant shall, at least [once every 6 months,] annually, submit to the Interim Finance Committee a report setting forth:

      1.  The number of consultants employed by the school district;

      2.  The purpose for which the school district employs each consultant;

      3.  The amount of money or other remuneration received by each consultant from the school district; and

      4.  The length of time each consultant has been employed by the school district.

      Sec. 19.3. Chapter 391A of NRS is hereby amended by adding thereto the provisions set forth as sections 19.5 and 19.7 of this act.

      Sec. 19.5. 1.  The Department shall develop and carry into effect a program of block grants for the purposes of awarding grants of money to an institution that is awarded a grant pursuant to NRS 391A.580.

      2.  The program of block grants developed pursuant to this section shall provide one lump-sum distribution of grants of money to an institution that is awarded a grant pursuant to NRS 391A.580.

      Sec. 19.7. (Deleted by amendment.)

      Sec. 20. NRS 391A.575 is hereby amended to read as follows:

      391A.575  1.  The Teach Nevada Scholarship Program Account is hereby created in the State General Fund. The Account must be administered by the [State Board.] Department.

      2.  The interest and income earned on:

      (a) The money in the Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Κ must be credited to the Account.

      3.  Any money remaining in the Account at the end of a fiscal year, including, without limitation, any unexpended appropriations made to the Account from the State General Fund does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      4.  The [State Board] Department may accept gifts and grants of money from any source for deposit in the Account.

      5.  The money in the Account may only be used to:

      (a) Award grants to universities, colleges and other providers of an alternative licensure program that are approved to award Teach Nevada Scholarships pursuant to NRS 391A.585.

 


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      (b) Disburse the money retained pursuant to paragraph (b) of subsection 2 of NRS 391A.580 to a scholarship recipient who meets the requirements of subsection 4 of NRS 391A.585.

      Sec. 20.5. NRS 391A.575 is hereby amended to read as follows:

      391A.575  1.  The Teach Nevada [Scholarship] Recruitment, Preparation, and Retention Program Account is hereby created in the State General Fund. The Account must be administered by the Department.

      2.  The interest and income earned on:

      (a) The money in the Account, after deducting any applicable charges; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Κ must be credited to the Account.

      3.  Any money remaining in the Account at the end of a fiscal year, including, without limitation, any unexpended appropriations made to the Account from the State General Fund does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      4.  The Department may accept gifts and grants of money from any source for deposit in the Account.

      5.  The money in the Account may [only] be used to [:

      (a) Award] award grants to universities, colleges and other providers of an alternative licensure program that are approved to award [Teach Nevada Scholarships] scholarships pursuant to NRS 391A.585.

      [(b) Disburse the money retained pursuant to paragraph (b) of subsection 2 of NRS 391A.580 to a scholarship recipient who meets the requirements of subsection 4 of NRS 391A.585.]

      Sec. 21. NRS 391A.580 is hereby amended to read as follows:

      391A.580  1.  A public or private university, college or other provider of an alternative licensure program in this State is eligible to apply to the [State Board] Department for a grant from the Account to award scholarships to students who attend the university, college or other provider of an alternative licensure program to complete a program offered by the university, college or other provider of an alternative licensure program that has been approved by the State Board and which:

      (a) Upon completion makes a student eligible to obtain a license to teach kindergarten, any grade from grades 1 through 12 or in the subject area of special education in this State; or

      (b) Allows a student to specialize in the subject area of early childhood education.

      2.  The [State Board] Department shall:

      (a) Establish the number of Teach Nevada Scholarships that will be available each year based upon the amount of money available in the Account.

      (b) Review all applications submitted pursuant to subsection 1 and award a grant of money from the Account to an approved university, college or other provider of an alternative licensure program to the extent that money is available in an amount determined by the [State Board. The State Board] Department. The Department shall retain 25 percent of such an award in the Account for disbursement to a scholarship recipient who meets the requirements of subsection 4 of NRS 391A.585.

 


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      3.  The [State Board:] Department:

      (a) Shall prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that will provide scholarships to a greater number of recipients who are veterans or the spouses of veterans.

      (b) May prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that demonstrates the university, college or other provider of an alternative licensure program will provide scholarships to a greater number of recipients who:

             (1) Agree to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education;

             (2) Intend to teach in public schools in this State which have the highest shortage of teachers;

             (3) Have been economically disadvantaged or belong to a racial or ethnic minority group; or

             (4) Will be eligible to teach in a subject area for which there is a shortage of teachers. Such a subject area may include, without limitation, science, technology, engineering, mathematics, special education or English as a second language.

      4.  A student may apply for a Teach Nevada Scholarship from a university, college or other provider of an alternative licensure program that receives a grant from the Account only if:

      (a) The student attends or has been accepted to attend the university, college or other provider of an alternative licensure program to complete a program described in subsection 1; and

      (b) The student [obtained] :

             (1) Obtained a high school diploma awarded by a public or private high school located in this State [or public high school that is located in a county that borders this State and accepts pupils who are residents of this State or] ;

             (2) Is a resident of this State who obtained a high school diploma awarded by a public or private high school located in another state;

             (3) Before 20 years of age, successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055 [before 20 years of age.] , if the assessment was administered in this State; or

             (4) Is a resident of this State who, before 20 years of age, successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055 if the assessment was administered outside of this State.

      5.  An application submitted by the student must identify the program to be completed and the date by which the student must complete the program to finish on schedule.

      6.  A student selected to receive a Teach Nevada Scholarship must agree to:

      (a) Complete the program described in subsection 1 in which he or she has been accepted; and

      (b) Upon completion of the program:

             (1) Apply for and receive a license to teach in this State which may include, without limitation, a provisional license; and

 


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κ2025 Statutes of Nevada, Page 3228 (CHAPTER 491, SB 81)κ

 

             (2) If the student receives a provisional license, 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 the provisional license was issued.

      7.  The [State Board] Department may adopt any regulations necessary to carry out the provisions of NRS 391A.550 to 391A.595, inclusive.

      Sec. 21.5. NRS 391A.580 is hereby amended to read as follows:

      391A.580  1.  A public or private university, college or other provider of an alternative licensure program in this State is eligible to apply to the Department for a grant from the Account to award scholarships to students who attend the university, college or other provider of an alternative licensure program to complete a traditional pathway or alternative licensure program offered by the university, college or other provider of an alternative licensure program that has been approved by the [State Board] Commission on Professional Standards in Education and which:

      (a) Upon completion makes a student eligible to obtain a license and endorsement to teach kindergarten, any grade from grades 1 through 12 or in [the] a subject area [of] for which there is a shortage of teachers, including, without limitation, science, technology, engineering, mathematics, special education or English as a second language, in this State; [or]

      (b) Allows a student to specialize in the subject area of early childhood education [.] ; or

      (c) Results in the student obtaining a certificate of advanced study, master’s degree or other degree which is more advanced than a bachelor’s degree in education or in a related field.

      2.  The Department shall:

      (a) Establish the number of [Teach Nevada Scholarships] scholarships that will be available each year based upon the amount of money available in the Account.

      (b) Review all applications submitted pursuant to subsection 1 and award a grant of money from the Account to an approved university, college or other provider of an alternative licensure program to the extent that money is available in an amount determined by the Department.

      3.  The Department:

      (a) Shall prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that will provide scholarships to a greater number of recipients who are veterans or the spouses of veterans.

      (b) May prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that demonstrates the university, college or other provider of an alternative licensure program will provide scholarships to a greater number of recipients who:

             (1) Agree to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education;

             (2) Intend to teach in public schools in this State which have the highest shortage of teachers;

             (3) Have been economically disadvantaged or belong to a racial or ethnic minority group; or

 


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κ2025 Statutes of Nevada, Page 3229 (CHAPTER 491, SB 81)κ

 

             (4) Will be eligible to teach in a subject area for which there is a shortage of teachers. Such a subject area may include, without limitation, science, technology, engineering, mathematics, special education or English as a second language.

      4.  A student may apply for a [Teach Nevada Scholarship] scholarship from a university, college or other provider of an alternative licensure program that receives a grant from the Account only if:

      (a) The student attends or has been accepted to attend the university, college or other provider of an alternative licensure program to complete a program described in subsection 1; and

      (b) The student:

             (1) Obtained a high school diploma awarded by a public or private high school located in this State;

             (2) Is a resident of this State who obtained a high school diploma awarded by a public or private high school located in another state;

             (3) Before 20 years of age, successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055, if the assessment was administered in this State; or

             (4) Is a resident of this State who, before 20 years of age, successfully completed the high school equivalency assessment selected by the State Board pursuant to NRS 390.055 if the assessment was administered outside of this State.

      5.  An application submitted by the student must identify the program to be completed and the date by which the student must complete the program to finish on schedule.

      6.  A student selected to receive a [Teach Nevada Scholarship] scholarship pursuant to this section must agree to:

      (a) Complete the program described in subsection 1 in which he or she has been accepted; and

      (b) Upon completion of the program:

             (1) Apply for and receive a license to teach in this State which may include, without limitation, a provisional license; and

             (2) If the student receives a provisional license, 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 the provisional license was issued.

      7.  The Department may adopt any regulations necessary to carry out the provisions of NRS 391A.550 to 391A.595, inclusive.

      Sec. 22. NRS 391A.585 is hereby amended to read as follows:

      391A.585  1.  Each university, college or other provider of an alternative licensure program that is awarded a grant of money from the Account pursuant to NRS 391A.580 shall use the money to award [Teach Nevada Scholarships] scholarships to students who will attend the university, college or other provider of an alternative licensure program with the intent to complete a program described in subsection 1 of NRS 391A.580. Such students may include, without limitation:

      (a) Recent high school graduates who enroll in a program described in subsection 1 of NRS 391A.580;

      (b) Students who are enrolled at a university or college who change their academic program or major to a program described in subsection 1 of NRS 391A.580;

 


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κ2025 Statutes of Nevada, Page 3230 (CHAPTER 491, SB 81)κ

 

      (c) Students who have completed some credits at a university or college and who enroll in a program described in subsection 1 of NRS 391A.580;

      (d) Students who possess a bachelor’s degree in a field other than education who pursue an alternative route to licensure as a teacher;

      (e) Veterans and the spouses of veterans; [and]

      (f) Students who have had some experience working in a classroom, including, without limitation, as a paraprofessional or substitute teacher [.] ; and

      (g) Students who possess a bachelor’s degree and have taught in a public school in this State for at least 2 years.

      2.  A university, college or other provider of an alternative licensure program may award a [Teach Nevada Scholarship] scholarship to a scholarship recipient in an amount [:

      (a) Not] not to exceed the cost of [receiving a bachelor’s] attendance, based on the number of credits for which the student is enrolled, as recorded by the university, college or other provider of an alternative licensure program, for not more than:

      (a) Six semesters, for a student enrolled in courses to obtain a bachelor’s degree [at a public university in this State prorated over the number of semesters required for the student to complete the program;] ;

      (b) Three semesters, for a student enrolled in courses to obtain a graduate degree; and

      [(b) Equal to the difference between the amount of tuition, registration fees and other mandatory fees charged to the student for the program described in subsection 1 of NRS 391A.580, excluding any amount of the tuition and fees that is waived by the university, college or other provider of an]

      (c) Three years, for a student enrolled in an alternative licensure program . [, and the total amount of any other gift aid received by the student.]

      3.  A university, college or other provider of an alternative licensure program that awards a [Teach Nevada Scholarship] scholarship shall [, at] :

      (a) At the beginning of each semester disburse to the scholarship recipient [75 percent] the full amount of the scholarship money awarded to the scholarship recipient for the semester.

      (b) To the extent authorized by the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto, enter into an agreement with the Department to share data for the purpose of ensuring that the scholarships are disbursed in a fiscally responsible manner and determining whether the scholarships adequately retain prospective teachers in this State.

      [4.  A scholarship recipient may only receive the 25 percent of the scholarship money that is retained by the State Board pursuant to paragraph (b) of subsection 2 of NRS 391A.580 if the scholarship recipient:

      (a) Completes the program for which he or she was awarded the scholarship;

      (b) Maintains employment as a teacher at a public school in this State for 5 consecutive school years immediately following completion of the program unless the State Board waives this requirement for good cause shown; and

      (c) Meets any other requirements established by the State Board.

      5.  To receive the 25 percent of the scholarship money retained by the State Board pursuant to paragraph (b) of subsection 2 of NRS 391A.580, a scholarship recipient who meets the requirements set forth in subsection 4 must request the State Board to disburse the money within 1 year after the 5-year anniversary of the date on which the scholarship recipient meets the requirements of subsection 4.

 


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κ2025 Statutes of Nevada, Page 3231 (CHAPTER 491, SB 81)κ

 

must request the State Board to disburse the money within 1 year after the 5-year anniversary of the date on which the scholarship recipient meets the requirements of subsection 4.

      6.  As used in this section, “gift aid” means any grant or scholarship awarded to a student which is restricted for use only to pay for tuition, registration fees or other mandatory fees.]

      Sec. 23. NRS 391A.590 is hereby amended to read as follows:

      391A.590  1.  If a scholarship recipient does not complete the program for which the scholarship was awarded for any reason, including, without limitation, withdrawing from the university, college or other provider of an alternative licensure program or pursuing another course of study, the university, college or other provider of an alternative licensure program that awarded the scholarship must pay to the [State Board] Department for credit to the Account:

      (a) Any amount of money that the university, college or other provider of an alternative licensure program has received but has not yet disbursed to the scholarship recipient pursuant to NRS 391A.585; and

      (b) An amount of money equal to the total amount of money disbursed to the scholarship recipient pursuant to NRS 391A.585 or $1,000, whichever is less.

      2.  If a scholarship recipient completes the program for which the scholarship was awarded on schedule, as described in the application for the scholarship submitted pursuant to NRS 391A.580, to the extent that money is available for this purpose, the [State Board] Department shall pay $1,000 to the university, college or other provider of an alternative licensure program that awarded the scholarship. Any money received by a university, college or other provider of an alternative licensure program pursuant to this section must be used to pay costs associated with providing a program described in subsection 1 of NRS 391A.580.

      Sec. 24. NRS 391A.595 is hereby amended to read as follows:

      391A.595  On or before November 1 of each year, the [State Board] Department shall:

      1.  Review all Teach Nevada Scholarships awarded for the immediately preceding academic year;

      2.  Compile a report for the immediately preceding academic year which must include, without limitation:

      (a) The number of students who applied for a Teach Nevada Scholarship;

      (b) The number of scholarship recipients;

      (c) The total cost of all Teach Nevada Scholarships;

      (d) The graduation rate of scholarship recipients;

      (e) The percentage of students who:

             (1) Were scholarship recipients in the academic year that immediately precedes the year which is the subject of the report;

             (2) Did not graduate by the end of the academic year that immediately precedes the year which is the subject of the report; and

             (3) Received a Nevada Teacher Advancement Scholarship, as defined in NRS 391A.660, for the academic year which is the subject of the report; and

      (f) The percentage of scholarship recipients who graduated and became employed as a teacher at a public school in this State; and

      (g) The number of scholarship recipients who subsequently fulfilled the requirements of subsection 4 of NRS 391A.585; and

 


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κ2025 Statutes of Nevada, Page 3232 (CHAPTER 491, SB 81)κ

 

      3.  Submit the report compiled pursuant to subsection 2 to the Governor and the Director of the Legislative Counsel Bureau for distribution to the next regular session of the Legislature.

      Sec. 24.5. NRS 391A.595 is hereby amended to read as follows:

      391A.595  On or before November 1 of each year, the Department shall:

      1.  Review all [Teach Nevada Scholarships] scholarships awarded pursuant to NRS 391A.585 for the immediately preceding academic year;

      2.  Compile a report for the immediately preceding academic year which must include, without limitation:

      (a) The number of students who applied for a [Teach Nevada Scholarship;] scholarship awarded pursuant to NRS 391A.585;

      (b) The number of scholarship recipients;

      (c) The total cost of all [Teach Nevada Scholarships;] scholarships awarded pursuant to NRS 391A.585;

      (d) The graduation rate of scholarship recipients;

      (e) The percentage of students who:

             (1) Were scholarship recipients in the academic year that immediately precedes the year which is the subject of the report; and

             (2) Did not graduate by the end of the academic year that immediately precedes the year which is the subject of the report; and

             [(3) Received a Nevada Teacher Advancement Scholarship, as defined in NRS 391A.660, for the academic year which is the subject of the report; and]

      (f) The percentage of scholarship recipients who graduated and became employed as a teacher at a public school in this State . [; and

      (g) The number of scholarship recipients who subsequently fulfilled the requirements of subsection 4 of NRS 391A.585; and]

      3.  Submit the report compiled pursuant to subsection 2 to the Governor and the Director of the Legislative Counsel Bureau for distribution to the next regular session of the Legislature.

      Sec. 25. NRS 391A.675 is hereby amended to read as follows:

      391A.675  1.  The Nevada Teacher Advancement Scholarship Program Account is hereby created in the State General Fund. The Account must be administered by the [State Board.] Department.

      2.  The interest and income earned on:

      (a) The money in the Account, after deducting any applicable charge; and

      (b) Unexpended appropriations made to the Account from the State General Fund,

Κ must be credited to the Account.

      3.  Any money remaining in the Account at the end of a fiscal year, including, without limitation, any unexpended appropriations made to the Account from the State General Fund, does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      4.  The [State Board] Department may accept gifts and grants of money from any source for deposit in the Account.

      5.  The money in the Account may only be used to:

      (a) Award grants to universities, colleges and other providers of an alternative licensure program that are approved to award Nevada Teacher Advancement Scholarships pursuant to NRS 391A.685.

 


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κ2025 Statutes of Nevada, Page 3233 (CHAPTER 491, SB 81)κ

 

      (b) Disburse the money retained pursuant to paragraph (b) of subsection 2 of NRS 391A.680 to a scholarship recipient who meets the requirements of subsection 4 of NRS 391A.685.

      Sec. 26. NRS 391A.680 is hereby amended to read as follows:

      391A.680  1.  A public or private university or college or other provider of an alternative licensure program in this State is eligible to apply to the [State Board] Department for a grant from the Account to award scholarships to students who attend the university, college or other provider of an alternative licensure program to complete a program offered by the university, college or other provider of an alternative licensure program that has been approved by the [State Board] Commission on Professional Standards in Education and which [results] :

      (a) Results in a certificate of advanced study, master’s or other degree which is more advanced than a bachelor’s degree , in education or a related field of study [.] ; or

      (b) Upon completion, makes a student eligible to obtain a license and endorsement to teach in a subject area for which there is a shortage of teachers, including, without limitation, science, technology, engineering, mathematics, special education or English as a second language.

      2.  The [State Board] Department shall:

      (a) Establish the number of Nevada Teacher Advancement Scholarships that will be available each year based upon the amount of money available in the Account.

      (b) Review all applications submitted pursuant to subsection 1 and award a grant of money from the Account to an approved university, college or other provider of an alternative licensure program to the extent that money is available in an amount determined by the [State Board.] Department. The State Board shall retain 25 percent of such an award in the Account for disbursement to a scholarship recipient who meets the requirements of subsection 4 of NRS 391A.685.

      3.  The [State Board:] Department:

      (a) Shall prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that demonstrates the university, college or other provider of an alternative licensure program will provide scholarships to a greater number of recipients who:

             (1) Received the Teach Nevada Scholarship, as defined in NRS 391A.570, and successfully fulfilled the requirements of subsection 4 of NRS 391A.585; or

             (2) Are veterans or the spouses of veterans.

      (b) May prioritize the award of grants from the Account to a university, college or other provider of an alternative licensure program that demonstrates the university, college or other provider of an alternative licensure program will provide scholarships to a greater number of recipients who:

             (1) Agree to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education;

             (2) Intend to teach in public schools in this State which have the highest shortage of teachers;

             (3) Have been economically disadvantaged or belong to a racial or ethnic minority group; or

 


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             (4) Will be eligible to teach in a subject area for which there is a shortage of teachers. Such a subject area may include, without limitation, science, technology, engineering, mathematics, special education or English as a second language.

      4.  A student may apply for a Nevada Teacher Advancement Scholarship from a university, college or other provider of an alternative licensure program that receives a grant from the Account only if:

      (a) The student attends or has been accepted to attend the university, college or other provider of an alternative licensure program to complete a program described in subsection 1; and

      (b) The student has taught in a public school in this State for not less than 2 of the immediately preceding 5 years.

      5.  An application submitted by the student must identify the program to be completed and the date by which the student must complete the program to finish on schedule.

      6.  The [State Board] Department may adopt any regulations necessary to carry out the provisions of NRS 391A.650 to 391A.695, inclusive.

      Sec. 27. NRS 391A.685 is hereby amended to read as follows:

      391A.685  1.  Each university, college or other provider of an alternative licensure program that is awarded a grant of money from the Account pursuant to NRS 391A.680 shall use the money to award Nevada Teacher Advancement Scholarships to students who will attend the university, college or other provider of an alternative licensure program with the intent to complete a program described in subsection 1 of NRS 391A.680. Such students may include, without limitation, students who have completed a bachelor’s degree and taught in a public school in this State for at least 2 years.

      2.  A university, college or other provider of an alternative licensure program may award a Nevada Teacher Advancement Scholarship to a scholarship recipient in an amount:

      (a) Not to exceed the cost of [receiving] :

             (1) Receiving, as applicable, a certificate of advanced study, master’s degree or other degree which is more advanced than a bachelor’s degree at a public university in this State prorated over the number of semesters required for the student to complete the program; or

             (2) A course of study or program which, upon completion, makes a student eligible to obtain a license and endorsement to teach in a subject area for which there is a shortage of teachers, including, without limitation, science, technology, engineering, mathematics, special education or English as a second language; and

      (b) Equal to the difference between the amount of tuition, registration fees and other mandatory fees charged to the student for the program described in subsection 1 of NRS 391A.680, excluding any amount of the tuition and fees that is waived by the university, college or other provider of an alternative licensure program, and the total amount of any other gift aid received by the student.

      3.  A university, college or other provider of an alternative licensure program that awards a Nevada Teacher Advancement Scholarship shall, at the beginning of each semester disburse to the scholarship recipient 75 percent [the full amount] of the scholarship money awarded to the scholarship recipient for the semester.

 


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      4.  A scholarship recipient may only receive the 25 percent of the scholarship money that is retained by the State Board pursuant to paragraph (b) of subsection 2 of NRS 391A.680 if the scholarship recipient:

      (a) Completes the program for which he or she was awarded the scholarship;

      (b) Maintains employment as a teacher at a public school in this State for 3 consecutive school years immediately following completion of the program unless the State Board waives this requirement for good cause shown; and

      (c) Meets any other requirements established by the [State Board.] Department.

      5.  To receive the 25 percent of the scholarship money retained by the State Board pursuant to paragraph (b) of subsection 2 of NRS 391A.680, a scholarship recipient who meets the requirements set forth in subsection 4 must request the [State Board] Department to disburse the money within 1 year after the 2-year anniversary of the date on which the scholarship recipient meets the requirements of subsection 4.

      6.  As used in this section, “gift aid” means any grant or scholarship awarded to a student which is restricted for use only to pay for tuition, registration fees or other mandatory fees.

      Sec. 28. NRS 391A.690 is hereby amended to read as follows:

      391A.690  1.  If a scholarship recipient does not complete the program for which the scholarship was awarded for any reason, including, without limitation, withdrawing from the university, college or other provider of an alternative licensure program or pursuing another course of study, the university, college or other provider of an alternative licensure program that awarded the scholarship must pay to the [State Board] Department for credit to the Account:

      (a) Any amount of money that the university, college or other provider of an alternative licensure program has received but has not yet disbursed to the scholarship recipient pursuant to NRS 391A.685; and

      (b) An amount of money equal to the total amount of money disbursed to the scholarship recipient pursuant to NRS 391A.685 or $1,000, whichever is less.

      2.  If a scholarship recipient completes the program for which the scholarship was awarded on schedule, as described in the application for the scholarship submitted pursuant to NRS 391A.680, to the extent that money is available for this purpose, the [State Board] Department shall pay $1,000 to the university, college or other provider of an alternative licensure program that awarded the scholarship. Any money received by a university, college or other provider of an alternative licensure program pursuant to this section must be used to pay costs associated with providing a program described in subsection 1 of NRS 391A.680.

      Sec. 29. NRS 391A.695 is hereby amended to read as follows:

      391A.695  On or before November 1 of each year, the [State Board] Department shall:

      1.  Review all Nevada Teacher Advancement Scholarships awarded for the immediately preceding academic year;

      2.  Compile a report for the immediately preceding academic year which must include, without limitation:

      (a) The number of students who applied for a Nevada Teacher Advancement Scholarship;

      (b) The number of scholarship recipients;

      (c) The total cost of all Nevada Teacher Advancement Scholarships;

 


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      (d) The graduation rate of scholarship recipients;

      (e) The percentage of students who:

             (1) Received a Teach Nevada Scholarship, as defined in NRS 391A.570, in the academic year that immediately precedes the year which is the subject of the report;

             (2) Did not graduate by the end of the academic year that immediately precedes the year which is the subject of the report; and

             (3) Were scholarship recipients for the academic year which is the subject of the report;

      (f) The percentage of scholarship recipients who graduated and became employed as teachers at a public school in this State; and

      (g) The number of scholarship recipients who subsequently fulfilled the requirements of subsection 4 of NRS 391A.685; and

      3.  Submit the report compiled pursuant to subsection 2 to the Governor and the Director of the Legislative Counsel Bureau for distribution to the next regular session of the Legislature.

      Sec. 29.5. (Deleted by amendment.)

      Sec. 30. NRS 391A.705 is hereby amended to read as follows:

      391A.705  1.  There is hereby created in the Department the Incentivizing Pathways to Teaching Grant Program to award grants to public and private universities and colleges in this State that offer an approved traditional pathway licensure program for the provision of tuition assistance and stipends to students of such programs who meet requirements established by the [State Board] Department pursuant to this section and NRS 391A.710.

      2.  A public or private university or college in this State that offers an approved traditional pathway licensure program is eligible to apply to the [State Board] Department for a grant to award tuition assistance and stipends to students who attend the university or college to complete such a program.

      3.  The [State Board] Department shall:

      (a) Based on the amount of money appropriated by the Legislature for that purpose, establish the number of awards of tuition assistance and stipends that will be available pursuant to the Incentivizing Pathways to Teaching Grant Program each year based upon the amount of money available for the Program.

      (b) Review all applications submitted pursuant to subsection 2 and, to the extent that money is available within the limits of legislative appropriations, award a grant of money in an amount determined by the [State Board] Department to a public or private university or college that offers an approved traditional pathway licensure program.

      4.  The [State Board] Department may prioritize the award of grants to a public or private university or college that demonstrates the university or college, as applicable, will provide tuition assistance and stipends to a greater number of students who:

      (a) Are veterans of the Armed Forces of the United States or the spouses of such veterans;

      (b) Intend to teach in public schools in this State which have the highest shortage of teachers; or

      (c) Have been economically disadvantaged or belong to a racial or ethnic minority group.

      5.  A student may apply for tuition assistance and a stipend awarded pursuant to the Incentivizing Pathways to Teaching Grant Program from a public or private university or college that offers an approved traditional pathway licensure program that receives a grant pursuant to the Incentivizing Pathways to Teaching Grant Program only if:

 


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public or private university or college that offers an approved traditional pathway licensure program that receives a grant pursuant to the Incentivizing Pathways to Teaching Grant Program only if:

      (a) The student attends or has been accepted to attend an approved traditional pathway licensure program at the university or college; and

      (b) The student agrees to complete the requirements to obtain an endorsement to teach English as a second language or an endorsement to teach special education.

      6.  An application submitted by the student must identify the approved traditional pathway licensure program to be completed and the date by which the student must complete the program to finish on schedule.

      7.  The [State Board] Department may adopt any regulations necessary to carry out the provisions of this section and NRS 391A.710.

      Sec. 31. NRS 391A.710 is hereby amended to read as follows:

      391A.710  1.  Each university or college that offers an approved traditional pathway licensure program in this State that is awarded a grant of money pursuant to NRS 391A.705 shall use the money to award tuition assistance and stipends pursuant to the Incentivizing Pathways to Teaching Grant Program to students who will attend the university or college with the intent to complete an approved traditional pathway licensure program. Such students may include:

      (a) Students who are enrolled in their final three semesters of an approved traditional pathway licensure program; and

      (b) Students who are enrolled in their final clinical field experience of student teaching in an approved traditional pathway licensure program.

      2.  A student who is enrolled in his or her final three semesters of an approved traditional pathway licensure program may apply for tuition assistance.

      3.  A student who is enrolled in his or her final clinical field experience of student teaching in an approved traditional pathway licensure program may apply for a stipend.

      4.  The student must:

      (a) Agree to:

             (1) Complete the approved traditional pathway licensure program for which he or she was awarded the tuition assistance or stipend; and

             (2) Maintain employment as a teacher at a public school in this State for 5 consecutive school years immediately following completion of the program unless the [State Board] Department waives this requirement for good cause shown.

      (b) Meet any other requirements established by the [State Board.] Department.

      Sec. 32. NRS 353.333 is hereby amended to read as follows:

      353.333  1.  On or before [January 1] February 15 of each year, the Governor shall compile a report on the status of the finances of the State including the information published in:

      (a) The most recent executive budget report prepared pursuant to the provisions of NRS 353.185;

      (b) The most recent report prepared by the State Controller pursuant to the provisions of NRS 227.110;

      (c) The most recent report on the count of state money prepared pursuant to the provisions of NRS 353.075;

      (d) The most recent report on the transactions and proceedings of the Department of Taxation prepared pursuant to the provisions of NRS 360.100;

 


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      (e) The most recent report prepared by each school district pursuant to the provisions of NRS 387.303;

      (f) The most recent report prepared and submitted by each local government pursuant to the provisions of NRS 360.220; and

      (g) Any other report prepared by the State, or a county, city, town or school district, or any public agency of this State or its political subdivisions that the Governor deems to be relevant to the status of finances of the State.

      2.  The report required pursuant to subsection 1 must be:

      (a) Titled the “Nevada Report to Taxpayers”;

      (b) Written in plain English; and

      (c) Contain such information as the Governor deems appropriate to provide a full and accurate description on the status of the finances of the State, including, without limitation:

             (1) The total amount of revenue collected by the State or an agency of the State during the preceding fiscal year;

             (2) The actual total of all expenses and expenditures by the State or an agency of the State during the preceding fiscal year;

             (3) A comparison of the total amount appropriated or authorized for expenditure by the State during the preceding fiscal year and the actual total of all expenses and expenditures by the State during the preceding fiscal year;

             (4) The total amount of outstanding public debt of the State at the end of the preceding fiscal year;

             (5) The total cost to pay the public debt of the State during the preceding fiscal year; and

             (6) Such information on the revenue, expenditures and public debt of the State, or a county, city, town or school district, or any public agency of this State or its political subdivisions as the Governor deems necessary to provide a full and accurate description on the status of the finances of the State.

      3.  The Governor shall make the report required pursuant to subsection 1 available for access by the public on the Internet or its successor, if any.

      Secs. 33 and 34. (Deleted by amendment.)

      Sec. 35. NRS 387.206, 387.2062 and 391A.205 are hereby repealed.

      Sec. 35.5. NRS 391A.650, 391A.655, 391A.660, 391A.665, 391A.670, 391A.675, 391A.680, 391A.685, 391A.690, 391A.695, 391A.700, 391A.705 and 391A.710 are hereby repealed.

      Sec. 35.7.  There must be transferred to the Teach Nevada Scholarship Program Account created by NRS 391A.575:

      1.  Any money remaining in the Nevada Teacher Advancement Scholarship Program Account created by NRS 391A.675 on June 30, 2027.

      2.  Any money in the budget account for the Incentivizing Pathways to Teaching Grant Program created by NRS 391A.705 which is not required to revert to the State General Fund at the end of Fiscal Year 2026-2027.

      Sec. 36.  1.  This section and sections 1 to 19.3, inclusive, 19.7, 20, 21, 23, 24, 25 to 35, inclusive, and 35.7 of this act become effective on July 1, 2025.

      2.  Sections 19.5, 20.5, 21.5, 22, 24.5 and 35.5 of this act become effective on July 1, 2027.

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CHAPTER 492, SB 88

Senate Bill No. 88–Committee on Judiciary

 

CHAPTER 492

 

[Approved: June 10, 2025]

 

AN ACT relating to offenders; prohibiting the Director of the Department of Corrections from taking certain actions relating to certain debts upon the release of an offender from prison; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the Department of Corrections to take certain actions upon the release of an offender from prison. (NRS 209.511) Section 1 of this bill prohibits the Director from collecting or attempting to collect any outstanding medical debt owed by an offender to the Department upon the release of the offender from prison. Section 1 also: (1) prohibits the Director from reporting information relating to any such debt to a consumer reporting agency; and (2) authorizes the Director to continue collection efforts if the offender is returned to the custody of the Department. Section 1.5 of this bill applies the amendatory provisions of section 1 to an offender who has been released from prison by the expiration of his or her term of sentence or by pardon or parole before July 1, 2025. Section 1.3 of this bill makes a conforming change to refer to provisions that have been renumbered by section 1.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 209.511 is hereby amended to read as follows:

      209.511  1.  Before an offender is released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may provide mediation services to the offender and the family members and friends of the offender who provide emotional, psychological and financial support to the offender.

      2.  As soon as practicable after an offender is authorized to apply for enrollment in Medicaid pursuant to NRS 422.272428 or 422.27487, the Director shall complete the paperwork for the application if the offender may be eligible for Medicaid:

      (a) Not more than 90 days before the scheduled release of the offender pursuant to NRS 422.272428; or

      (b) Immediately upon the scheduled release of the offender pursuant to NRS 422.27487.

      3.  Not later than 3 months before an offender is projected to be released from prison by expiration of his or her term of sentence, by pardon or parole, the Director may, if space is available, provide an eligible offender with one or more evidence-based or promising practice reentry programs to obtain employment, including, without limitation, any programs which may provide bonding for an offender entering the workplace and any organizations which may provide employment or bonding assistance to such a person.

      4.  When an offender is released from prison by expiration of his or her term of sentence, by pardon or by parole, the Director:

 


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      (a) May furnish the offender with a sum of money not to exceed $100, the amount to be based upon the offender’s economic need as determined by the Director;

      (b) Shall give the offender notice of the provisions of chapter 179C of NRS and NRS 202.357 and 202.360;

      (c) Shall require the offender to sign an acknowledgment of the notice required in paragraph (b);

      (d) Shall give the offender notice of the provisions of NRS 179.245 and the provisions of NRS 213.090, 213.155 or 213.157, as applicable;

      (e) Shall provide the offender with a photo identification card issued by the Department and information and reasonable assistance relating to acquiring a valid driver’s license or identification card to enable the offender to obtain employment, if the offender:

             (1) Requests a photo identification card;

             (2) Requests such information and assistance and is eligible to acquire a valid driver’s license or identification card from the Department of Motor Vehicles; or

             (3) Is not currently in possession of a photo identification card;

      (f) Shall provide the offender with clothing suitable for reentering society;

      (g) Shall provide the offender with the cost of transportation to his or her place of residence anywhere within the continental United States, or to the place of his or her conviction;

      (h) If appropriate, shall release the offender to a facility for transitional living for released offenders that is licensed pursuant to chapter 449 of NRS;

      (i) Shall require the offender to submit to at least one test for exposure to the human immunodeficiency virus;

      (j) If the offender is eligible for Medicare, shall complete enrollment application paperwork for the offender; and

      (k) If the offender was receiving a prescribed medication while in custody, shall ensure that the offender is provided with a 30-day supply of any such prescribed medication.

      5.  Upon the release of an offender, the Director shall not collect or attempt to collect any outstanding medical debt owed to the Department by the offender or report information relating to any such debt to a consumer reporting agency. If the offender is returned to the custody of the Department at any time, the Director may continue efforts to collect the outstanding medical debt during the period the offender is in the custody of the Department.

      6.  The Director shall not provide an offender with a photo identification card pursuant to paragraph (e) of subsection 4 unless the photo identification card clearly indicates whether the Director:

      (a) Has verified the full legal name and age of the offender by obtaining an original or certified copy of the documents required by the Department of Motor Vehicles pursuant to NRS 483.290 or 483.860, as applicable, furnished as proof of the full legal name and age of an applicant for a driver’s license or identification card; or

      (b) Has not verified the full legal name and age of the offender pursuant to paragraph (a).

      [6.] 7.  The costs authorized or required in paragraphs (a), (e), (f), (g), (i) and (k) of subsection 4 must be paid out of the appropriate account within the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.

 


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the State General Fund for the use of the Department as other claims against the State are paid to the extent that the costs have not been paid in accordance with subsection 5 of NRS 209.221 and NRS 209.246.

      [7.] 8.  The Director is encouraged to work with the Nevada Community Re-Entry Task Force established by the Governor pursuant to executive order, or its successor body, if any, to align statewide strategies for the reentry of offenders into the community and the implementation of those strategies.

      [8.] 9.  Nothing in this section shall be construed to affect the existing obligation of an offender to pay restitution to a victim of his or her crime.

      10.  As used in this section:

      (a) “Consumer reporting agency” has the meaning ascribed to it in NRS 686A.640.

      (b) “Eligible offender” means an offender who is:

             (1) Determined to be eligible for reentry programming based on the Nevada Risk Assessment System instrument, or its successor risk assessment tool; and

             (2) Enrolled in:

                   (I) Programming services under a reentry program at a correctional facility which has staff designated to provide the services; or

                   (II) A community-based program to assist offenders to reenter the community.

      [(b)] (c) “Facility for transitional living for released offenders” has the meaning ascribed to it in NRS 449.0055.

      [(c)] (d) “Photo identification card” means a document which includes the name, date of birth and a color picture of the offender.

      [(d)] (e) “Promising practice reentry program” means a reentry program that has strong quantitative and qualitative data showing positive outcomes, but does not have sufficient research or replication to support recognition as an evidence-based practice.

      Sec. 1.3. NRS 483.860 is hereby amended to read as follows:

      483.860  1.  Every applicant for an identification card must furnish proof of his or her full legal name and age by presenting:

      (a) An original or certified copy of the required documents as prescribed by regulation; or

      (b) A photo identification card issued by the Department of Corrections pursuant to NRS 209.511 which indicates that the Director of the Department of Corrections has verified the full legal name and age of the applicant pursuant to subsection [5] 6 of that section.

      2.  The Director shall adopt regulations:

      (a) Prescribing the documents an applicant may use to furnish proof of his or her full legal name and age to the Department pursuant to paragraph (a) of subsection 1, including, without limitation, a document issued by the Department pursuant to NRS 483.375 or 483.8605; and

      (b) Setting forth criteria pursuant to which the Department will issue or refuse to issue an identification card in accordance with this section to a person who is a citizen of a state or a foreign country. The criteria pursuant to which the Department shall issue or refuse to issue an identification card to a citizen of a foreign country must be based upon the purpose for which that person is present within the United States.

 


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      3.  Notwithstanding any other provision of this section, the Department shall not accept a consular identification card as proof of the age or identity of an applicant for an identification card. As used in this subsection, “consular identification card” has the meaning ascribed to it in NRS 232.006.

      Sec. 1.5.  The amendatory provisions of subsection 5 of NRS 209.511, as amended by section 1 of this act, apply to an offender who has been released from prison before July 1, 2025, by expiration of his or her term of sentence, by pardon or by parole.

      Sec. 2.  This act becomes effective on July 1, 2025.

________

CHAPTER 493, SB 119

Senate Bill No. 119–Senator Neal

 

CHAPTER 493

 

[Approved: June 10, 2025]

 

AN ACT relating to economic development; requiring certain reporting relating to the NV Grow Program; requiring the Division of Small Business and Entrepreneurship Development of the College of Southern Nevada to develop, create and oversee the Program; revising certain qualifications for a business to participate in the Program; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law directs the Division of Workforce and Economic Development of the College of Southern Nevada to develop, create, oversee and manage the NV Grow Program to provide certain informational and technical assistance to existing small businesses in this State that are expanding or ready to expand. (Section 2 of chapter 459, Statutes of Nevada 2015, as last amended by chapter 440, Statutes of Nevada 2023, at page 2707) Existing law also requires all institutions of the Nevada System of Higher Education to track the business decisions and growth of each business that participates in the Program over the entire period of the Program and report that data to the Division at least once every 6 months. (Section 3 of chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3668) Section 2 of this bill revises the name of the Division to the Division of Small Business and Entrepreneurship Development. Section 1 of this bill requires the Division to prepare an annual report for the previous calendar year which must include, without limitation, an explanation of: (1) the assistance provided by the Program to the businesses participating in the Program; and (2) the business decisions and growth of each business participating in the Program. Section 1 further requires the Division to post the annual report on the Internet website of the Program.

      Existing law establishes certain qualifications for a business to participate in the Program, including that the business must generate at least $50,000 but not more than $700,000 in revenue. (Section 2 of chapter 459, Statutes of Nevada 2015, as last amended by chapter 440, Statutes of Nevada 2023, at page 2707) Section 2.5 of this bill instead requires a business to generate at least $35,000 but not more than $700,000 in revenue to qualify to participate.

      Section 3 of this bill appropriates $1,200,000 to the College of Southern Nevada for certain allocations and to assist and carry out the Program.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. The NV Grow Act, being chapter 459, Statutes of Nevada 2015, as amended by chapter 430, Statutes of Nevada 2017, at page 2880, is hereby amended by adding thereto a new section to be designated as section 3.5, immediately following section 3, to read as follows:

       Sec. 3.5.  1.  On or before February 1 of each year, the Division shall prepare an annual report for the previous calendar year, which must include, without limitation, an explanation of:

       (a) The assistance provided by the program to each business participating in the program; and

       (b) The business decisions and growth of each business participating in the program tracked pursuant to subsection 4 of section 3 of this act.

       2.  The Division shall post the annual report prepared pursuant to subsection 1 on the Internet website of the program.

      Sec. 2. Section 1.7 of the NV Grow Act, being chapter 570, Statutes of Nevada 2019, at page 3666, is hereby amended to read as follows:

       Sec. 1.7.  As used in this act, unless the context otherwise requires, “Division” means the Division of [Workforce and Economic] Small Business and Entrepreneurship Development of the College of Southern Nevada.

      Sec. 2.5. Section 2 of the NV Grow Act, being chapter 459, Statutes of Nevada 2015, as last amended by chapter 440, Statutes of Nevada 2023, at page 2707, is hereby amended to read as follows:

       Sec. 2.  1.  The Division, in consultation with the stakeholders group, shall develop, create and oversee the NV Grow Program to stimulate Nevada’s economy with a view toward providing assistance to businesses that are already located and operating in this State rather than recruiting businesses from other states to relocate in Nevada.

       2.  Under the auspices of the program:

       (a) Institutions of the Nevada System of Higher Education located in Clark County shall, in cooperation with the geographic information system specialist employed at the College of Southern Nevada, mentor and track businesses participating in the program in Clark County. The Clark County Department of Business License will coordinate with the College to provide such data as may be necessary for the operation of the program in Clark County.

       (b) The Nevada Small Business Development Centers located in Clark County and Washoe County shall each cooperate with the geographic information system specialist employed to assist businesses in Clark County that are participating in the program with marketing and other efforts.

       3.  The Division shall select the lead counselor and manage the NV Grow Program, which must include, without limitation:

       (a) The employment and supervision of the lead counselor at the College of Southern Nevada who, in addition to his or her other duties, serves as the coordinator of the program. The Division shall, to the extent practicable, ensure that the work of the lead counselor of the program is supervised by at least two employees of the Division or an advisory team appointed by the Division.

 


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to the extent practicable, ensure that the work of the lead counselor of the program is supervised by at least two employees of the Division or an advisory team appointed by the Division.

       (b) The employment and training of a geographic information specialist at the College of Southern Nevada who provides data to clients of the stakeholders group. To the extent practicable, the geographic information specialist must receive training in geographic information systems at the Nevada Small Business Development Center located in Washoe County.

       (c) The appointment of the College of Southern Nevada as administrator of the geographic information system and fiscal agent for the program.

       (d) An analysis and identification by the Division of businesses and business sectors in this State that are ready to expand and a determination of which of these businesses and business sectors will participate in the program.

       (e) Identification by the Nevada Small Business Development Center located in Clark County and the Division of the skilled labor that exists in this State and its potential for growth.

       (f) Targeting by the Centers and the Division of business sectors and occupations in this State that have demonstrated the ability to grow and stimulate the economy of the State.

       (g) A focus by the Nevada Small Business Development Center located in Clark County and the Division on the utilization of existing resources.

       (h) The harnessing of the academic expertise of the College of Southern Nevada and the Centers to provide economic and market data to contribute to the diversification and growth of the economy of this State.

       (i) The use of geographic information systems by the College of Southern Nevada and the Centers to map areas of this State to determine locations in which retail sales and other commerce are flourishing and locations in which retail sales and commerce demonstrate the capacity for further growth.

       (j) The elements described in subsection 2.

       (k) The provision of informational and other assistance by the College of Southern Nevada to businesses and business sectors in this State, including, without limitation, business training, nontraditional marketing techniques and business mentoring.

       (l) Such other components as the Division, in consultation with the stakeholders group, determines are likely to be necessary, advisable or advantageous for the growth and development of businesses located in this State.

       4.  The program shall, insofar as is possible, use the resources and expertise of the Centers and make available those resources and that expertise to businesses in this State for the purposes of:

       (a) Developing business connections and business mentorships within the program;

       (b) Exchanging data and other information with and between businesses and trade associations;

       (c) Creating and facilitating peer-to-peer mentoring sessions for participants in the NV Grow Program;

 


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       (d) Providing to businesses and business sectors data and other information that is calculated or otherwise generated through the use of geographic information systems; and

       (e) Providing to participants in the NV Grow Program classes and resources on business development and business financing.

       5.  To the extent possible, the program must be conducted with the goal of selecting at least 30 businesses in Clark County to participate in the program every year.

       6.  To qualify to participate in the program, a business must:

       (a) Have its principal place of business within the State of Nevada and have had its principal place of business in this State for at least 2 years;

      (b) Generate at least [$50,000] $35,000 but not more than $700,000 in revenue; and

       (c) Have a business plan.

       7.  As used in this section:

       (a) “Business plan” means a written statement of a set of business goals, the reasons those goals are believed to be attainable and the plan for reaching those goals.

       (b) “Centers” means all institutions of the Nevada System of Higher Education, including, without limitation, the College of Southern Nevada and the University of Nevada, Reno.

       (c) “Geographic information system” means a computerized database management system for the capture, storage, retrieval, analysis and display of spatial or locationally defined data.

       (d) “Stakeholders group” means a group of persons interested in economic development in this State selected by the Division, including, without limitation, a representative of the College of Southern Nevada, the University of Nevada, Las Vegas, the Urban Chamber of Commerce of Las Vegas, the Las Vegas Latin Chamber of Commerce, the African Chamber of Commerce and Tourism, the Vegas Chamber, the Henderson Chamber of Commerce, the Asian Community Development Council, the Valley Center Opportunity Zone, the University of Nevada Cooperative Extension in Clark County, Clark County and incorporated cities in Clark County and various entities affiliated with the Small Business Administration.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the College of Southern Nevada the sum of $1,200,000 to, except as otherwise provided in subsection 2, allow the College of Southern Nevada to:

      (a) Provide or obtain such services as may be necessary to assist and carry out the Program;

      (b) Provide training to the geographic information system specialist employed pursuant to paragraph (b) of subsection 3 of section 2 of the NV Grow Act to assist small businesses who participate in the Program, including, without limitation, travel expenses to receive training from a geographic information system specialist at the Nevada Small Business Development Center in Washoe County at least once every 3 months for not less than 1 year;

      (c) Provide stipends for the counselors and members of the faculty of the Nevada System of Higher Education who provide services in connection with the Program; and

 


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      (d) Make direct program expenditures to assist and carry out the Program, including, without limitation, expenditures for the data software, marketing tools, interns, field trips and grants to members of the stakeholders group, as defined in subsection 7 of section 2 of the NV Grow Act, to assist and carry out the Program.

      2.  Of the sums appropriated by subsection 1:

      (a) An allocation of $100,000 must be disbursed each fiscal year to the University of Nevada Cooperative Extension in Clark County to provide counseling, training in geographic information systems and data scrubbing services for the Program.

      (b) An allocation of $30,000 must be disbursed each fiscal year to the following partners of the NV Grow Program, the Urban Chamber of Commerce of Las Vegas, the Las Vegas Latin Chamber of Commerce, the Henderson Chamber of Commerce, the African Chamber of Commerce and Tourism and the NV AAPI Chamber of Commerce, to employ or contract with a marketing professional on a part-time basis to provide marketing services for the Program.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, 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 17, 2027, 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 17, 2027.

      4.  As used in this section, “Program” means the NV Grow Program created pursuant to section 2 of the NV Grow Act, chapter 459, Statutes of Nevada 2015, as last amended by chapter 440, Statutes of Nevada 2023, at page 2707.

      Sec. 4.  Any remaining balance of the money received by the Division of Small Business and Entrepreneurship Development of the College of Southern Nevada from any gifts, grants or donations accepted by the Division pursuant to section 4.5 of the NV Grow Act, chapter 459, Statutes of Nevada 2015, as last amended by chapter 570, Statutes of Nevada 2019, at page 3669, that has not been committed for expenditure before July 1, 2025, must be transferred to an account in the State General Fund, administered by the College of Southern Nevada for the purposes of carrying out the provisions of the NV Grow Act.

      Sec. 5.  Upon acceptance of the money appropriated by section 3 of this act, the College of Southern Nevada agrees to:

      1.  Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2026, that describes each expenditure made from the money appropriated by section 3 of this act, other than the money allocated pursuant to subsection 2 of section 3 of this act, from the date on which the money was received by the College of Southern Nevada through December 1, 2026;

      2.  Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2027, that describes each expenditure made from the money appropriated by section 3 of this act, other than the money allocated pursuant to subsection 2 of section 3 of this act, from the date on which the money was received by the College of Southern Nevada through June 30, 2027; and

 


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      3.  Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of the College of Southern Nevada, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated pursuant to section 3 of this act.

      Sec. 6.  This act becomes effective on July 1, 2025.

________

CHAPTER 494, SB 135

Senate Bill No. 135–Senator Cannizzaro

 

CHAPTER 494

 

[Approved: June 10, 2025]

 

AN ACT making an appropriation to Communities In Schools of Nevada to provide integrated student support services to pupils enrolled in public schools in this State; 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.  1.  There is hereby appropriated from the State General Fund to Communities In Schools of Nevada the sum of $1,000,000 for the purpose of providing integrated support services, including, without limitation, services related to academics, basic needs, physical and mental health and social and life skills to pupils enrolled in public schools in this State.

      2.  Upon acceptance of the money appropriated by subsection 1, Communities In Schools of Nevada agrees to:

      (a) Prepare and transmit a report to the Interim Finance Committee on or before December 18, 2026, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Communities In Schools of Nevada through December 1, 2026;

      (b) Prepare and transmit a final report to the Interim Finance Committee on or before September 17, 2027, that describes each expenditure made from the money appropriated by subsection 1 from the date on which the money was received by Communities In Schools of Nevada through June 30, 2027; and

      (c) Upon request of the Legislative Commission, make available to the Legislative Auditor any of the books, accounts, claims, reports, vouchers or other records of information, confidential or otherwise, of Communities In Schools of Nevada, regardless of their form or location, that the Legislative Auditor deems necessary to conduct an audit of the use of the money appropriated by subsection 1.

      3.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, 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 17, 2027, 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 17, 2027.

 


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portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, 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 17, 2027.

      Sec. 2.  This act becomes effective upon passage and approval.

________

CHAPTER 495, SB 179

Senate Bill No. 179–Senators Ohrenschall, Buck, Stone, Krasner, Cannizzaro; Daly, Ellison, Flores, Neal, Pazina and Rogich

 

CHAPTER 495

 

[Approved: June 10, 2025]

 

AN ACT relating to discrimination; revising provisions relating to certain investigations conducted by the Nevada Equal Rights Commission; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law prohibits various practices of discrimination based upon race, religious creed, color, age, sex, disability, sexual orientation, gender identity or expression, national origin or ancestry. (See, e.g., NRS 118.100, 613.330, 651.070) Existing law also authorizes the Nevada Equal Rights Commission to investigate tensions, practices of discrimination and acts of prejudice against any person or group based on race, color, creed, sex, age, disability, sexual orientation, gender identity or expression, national origin or ancestry. (NRS 233.150) This bill requires the Commission, when conducting an investigation into an alleged unlawful discriminatory practice in housing, employment or public accommodations, to consider whether the practice was motivated by antisemitism. This bill also defines the term “antisemitism” for the purpose of this requirement.

 

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

      1.  When conducting an investigation into an alleged unlawful discriminatory practice in housing, employment or public accommodations, the Commission shall, for the purpose of determining whether the alleged unlawful discriminatory practice was based on the religious creed of a person or group, consider whether the alleged unlawful discriminatory practice was motivated by antisemitism.

      2.  As used in this section, “antisemitism” has the meaning ascribed to the working definition of antisemitism adopted by the International Holocaust Remembrance Alliance on May 26, 2016, and includes, without limitation, the contemporary examples of antisemitism published by the Alliance as guidance in connection with that definition on that date.

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CHAPTER 496, SB 185

Senate Bill No. 185–Senators Taylor; and Krasner

 

CHAPTER 496

 

[Approved: June 10, 2025]

 

AN ACT relating to health care; requiring reimbursement under Medicaid to family members who provide personal care services to certain recipients of Medicaid; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires Medicaid to cover certain home and community-based services for persons with physical disabilities, including personal care services in the home. (NRS 422.272407, 422.396) Section 1 of this bill requires the Department of Health and Human Services to reimburse a member of the family of a recipient of Medicaid for providing personal care services to the recipient, so long as the recipient: (1) is less than 18 years of age; (2) is eligible under Medicaid to receive coverage for personal care services; and (3) has been diagnosed with a disability or chronic illness that renders the recipient unable to perform activities of daily living without assistance.

      Section 2 of this bill makes a conforming change to require the Director of the Department to administer the provisions of section 1 in the same manner as other provisions relating to Medicaid. Section 2.5 of this bill makes an appropriation to and authorizes expenditures by the Division of Health Care Financing and Policy of the Department for certain costs associated with the Department reimbursing a member of the family of a recipient of Medicaid for providing personal care services to the recipient pursuant to section 1.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall reimburse a member of the family of a recipient of Medicaid described in subsection 2 for providing personal care services that are covered by Medicaid to the recipient.

      2.  Reimbursement is available under this section for personal care services provided to a recipient of Medicaid who:

      (a) Is less than 18 years of age;

      (b) Is eligible under Medicaid to receive coverage for personal care services; and

      (c) Has been diagnosed with a disability or chronic illness that renders the recipient unable to perform activities of daily living without assistance.

      3.  The Department shall 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 reimburse a member of the family of a recipient of Medicaid for providing to the recipient personal care services that are covered by Medicaid.

 


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      4.  As used in this section, “personal care services” means the services described in NRS 449.1935.

      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.

      (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.

 


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to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

      Sec. 2.5.  1.  There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to carry out the provisions of section 1 of this act the following sums:

For the Fiscal Year 2025-2026.................................................... $135,086

For the Fiscal Year 2026-2027.................................................... $414,251

      2.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1:

For the Fiscal Year 2025-2026.................................................... $306,334

For the Fiscal Year 2026-2027.................................................... $616,026

      3.  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. 3.  1.  This section becomes effective upon passage and approval.

      2.  Section 2.5 of this act becomes effective on July 1, 2025.

      3.  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, 2027, for all other purposes.

________

 


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κ2025 Statutes of Nevada, Page 3252κ

 

CHAPTER 497, SB 207

Senate Bill No. 207–Senators Taylor, Doρate, Neal; Daly and Stone

 

CHAPTER 497

 

[Approved: June 10, 2025]

 

AN ACT relating to health care; transferring the authority to establish and administer a program of all-inclusive care for the elderly from the Aging and Disability Services Division of the Department of Health and Human Services to the Department; requiring the Department to establish such a program; requiring the Community Advocate within the Division to provide certain services relating to the program; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing federal law authorizes a state to establish a program, commonly known as a program of all-inclusive care for the elderly or PACE program, to provide services to certain recipients of Medicare and Medicaid who are 55 years of age or older. (42 U.S.C. §§ 1395eee, 1396u-4) Existing state law authorizes the Aging and Disability Services Division of the Department of Health and Human Services to establish and administer a PACE program. (NRS 427A.255, 427A.260)

      Sections 2 and 8 of this bill eliminate the authority of the Division to establish a PACE program, and sections 2-4 of this bill remove references in existing law to such a PACE program. Instead, section 1 of this bill requires the Department through any of its divisions to establish and administer a PACE program. Section 6 of this bill makes a conforming change to require the Director of the Department to administer the provisions of section 1 in the same manner as the provisions of existing law governing Medicaid and certain other programs administered by the Department.

      Existing law: (1) creates the Office of the Community Advocate within the Division; and (2) requires the Community Advocate to assist in coordinating resources and services available to aging persons within their respective communities, including any PACE program established by the Division. (NRS 427A.300, 427A.310) Section 4 replaces the reference to the PACE program established by the Division with a reference to the PACE program established by the Department pursuant to section 1, thereby requiring the Community Advocate to provide assistance related to that PACE program. Sections 5 and 7 of this bill make conforming changes so that the PACE program created by section 1 is treated similarly to any PACE program that would have been created under the authority eliminated by section 8 for purposes relating to: (1) the division of the community income, assets and obligations of a married couple into separate income for the purpose of qualifying for such a program; and (2) activities of a home care program, which is a program, including a PACE program, established by a state agency or a local government which provides in the home personal care services, personal assistance or temporary respite services to elderly persons or persons with disabilities. Section 7.5 of this bill appropriates money to and authorizes expenditures by the Division of Health Care Financing and Policy of the Department to pay the costs of establishing and administering the PACE program.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department shall establish and administer a program of all-inclusive care for the elderly, commonly known as a PACE program. The program may be carried out solely by the Department or any division thereof or in cooperation with another state agency, the Federal Government or any local government.

      2.  The program established pursuant to subsection 1 must comply with the provisions of 42 U.S.C. §§ 1395eee and 1396u-4, 42 C.F.R. Part 460 and any other federal regulations governing programs of all-inclusive care for the elderly.

      3.  The Department may use personnel of the Department or it may contract with any appropriate public or private agency, organization or institution to provide the services necessary to administer the program described in this section, including, without limitation, a federally-qualified health center.

      4.  A contract entered into with a public or private agency, organization or institution pursuant to subsection 3 must:

      (a) Include a description of the type of service to be provided;

      (b) Specify the capitation rate to be paid for all-inclusive care for the elderly and the method of payment; and

      (c) Specify the criteria to be used to evaluate the provisions of the service.

      5.  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 establish the program required by this section.

      (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).

      (c) Adopt regulations necessary to carry out the provisions of this section.

      6.  The Department may apply for, accept and expend any federal or private grant of money or any other type of assistance that becomes available to carry out the provisions of this section. Any money received pursuant to this subsection must be accounted for separately in the State General Fund.

      7.  As used in this section, “federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      Sec. 2. NRS 427A.260 is hereby amended to read as follows:

      427A.260  1.  The Division may use personnel of the Division or it may contract with any appropriate public or private agency, organization or institution [to provide a program of all-inclusive care for the elderly and] to provide the community-based services necessary to enable a frail elderly person to remain in his or her home.

 


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      2.  Any such contract must:

      (a) Include a description of the type of service to be provided;

      (b) [For:

             (1) A program of all-inclusive care for the elderly, specify the capitation rate to be paid for all-inclusive care for the elderly and the method of payment; and

             (2) Any other community-based services, specify] Specify the price to be paid for each service and the method of payment; and

      (c) Specify the criteria to be used to evaluate the provision of the service.

      Sec. 3. NRS 427A.280 is hereby amended to read as follows:

      427A.280  [In addition to the program established pursuant to NRS 427A.255, the] The Division may initiate projects to test and demonstrate various ways of providing the community-based services and all-inclusive care necessary to enable a frail elderly person to remain in his or her home.

      Sec. 4. NRS 427A.310 is hereby amended to read as follows:

      427A.310  1.  The Community Advocate shall provide assistance to persons who are 60 years of age or older and do not reside in facilities for long-term care. The assistance must include at least the:

      (a) Coordination of resources and services available to aging persons within their respective communities, including the services provided through a program established pursuant to NRS 427A.250 or [427A.255;] section 1 of this act;

      (b) Dissemination of information to aging persons on issues of national and local interest, including information regarding the services of the Community Advocate and the existence of groups of aging persons with similar interests and concerns; and

      (c) Advocation of issues relating to aging persons.

      2.  The Administrator may direct the Community Advocate to provide assistance to a person who:

      (a) Is less than 60 years of age; and

      (b) Does not reside in a facility for long-term care.

      Sec. 5. NRS 123.259 is hereby amended to read as follows:

      123.259  1.  Except as otherwise provided in subsection 2, a court of competent jurisdiction may, upon a proper petition filed by a spouse or the guardian of a spouse, enter a decree dividing the income and resources of a married couple pursuant to this section if one spouse is an institutionalized spouse and the other spouse is a community spouse.

      2.  The court shall not enter such a decree if the division is contrary to a premarital agreement between the spouses which is enforceable pursuant to chapter 123A of NRS.

      3.  Unless modified pursuant to subsection 4 or 5, the court may divide the income and resources:

      (a) Equally between the spouses; or

      (b) By protecting income for the community spouse through application of the maximum federal minimum monthly maintenance needs allowance set forth in 42 U.S.C. § 1396r-5(d)(3)(C) and by permitting a transfer of resources to the community spouse an amount which does not exceed the amount set forth in 42 U.S.C. § 1396r-5(f)(2)(A)(ii).

      4.  If either spouse establishes that the community spouse needs income greater than that otherwise provided under paragraph (b) of subsection 3, upon finding exceptional circumstances resulting in significant financial duress and setting forth in writing the reasons for that finding, the court may enter an order for support against the institutionalized spouse for the support of the community spouse in an amount adequate to provide such additional income as is necessary.

 


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enter an order for support against the institutionalized spouse for the support of the community spouse in an amount adequate to provide such additional income as is necessary.

      5.  If either spouse establishes that a transfer of resources to the community spouse pursuant to paragraph (b) of subsection 3, in relation to the amount of income generated by such a transfer, is inadequate to raise the income of the community spouse to the amount allowed under paragraph (b) of subsection 3 or an order for support issued pursuant to subsection 4, the court may substitute an amount of resources adequate to provide income to fund the amount so allowed or to fund the order for support.

      6.  A copy of a petition for relief under subsection 4 or 5 and any court order issued pursuant to such a petition must be served on the Administrator of the Division of Welfare and Supportive Services of the Department of Health and Human Services when any application for medical assistance is made by or on behalf of an institutionalized spouse. The Administrator may intervene no later than 45 days after receipt by the Division of Welfare and Supportive Services of the Department of Health and Human Services of an application for medical assistance and a copy of the petition and any order entered pursuant to subsection 4 or 5, and may move to modify the order.

      7.  A person may enter into a written agreement with his or her spouse dividing their community income, assets and obligations into equal shares of separate income, assets and obligations of the spouses. Such an agreement is effective only if one spouse is an institutionalized spouse and the other spouse is a community spouse or a division of the income or resources would allow one spouse to qualify for services under NRS 427A.250 to 427A.280, inclusive [.] , or section 1 of this act.

      8.  An agreement entered into or decree entered pursuant to this section may not be binding on the Division of Welfare and Supportive Services of the Department of Health and Human Services in making determinations under the State Plan for Medicaid.

      9.  As used in this section, “community spouse” and “institutionalized spouse” have the meanings respectively ascribed to them in 42 U.S.C. § 1396r-5(h).

      Sec. 6. 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 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.

 


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      (c) Shall administer any state program for persons with developmental disabilities established pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.

      (d) Shall, after considering advice from agencies of local governments and nonprofit organizations which provide social services, adopt a master plan for the provision of human services in this State. The Director shall revise the plan biennially and deliver a copy of the plan to the Governor and the Legislature at the beginning of each regular session. The plan must:

             (1) Identify and assess the plans and programs of the Department for the provision of human services, and any duplication of those services by federal, state and local agencies;

             (2) Set forth priorities for the provision of those services;

             (3) Provide for communication and the coordination of those services among nonprofit organizations, agencies of local government, the State and the Federal Government;

             (4) Identify the sources of funding for services provided by the Department and the allocation of that funding;

             (5) Set forth sufficient information to assist the Department in providing those services and in the planning and budgeting for the future provision of those services; and

             (6) Contain any other information necessary for the Department to communicate effectively with the Federal Government concerning demographic trends, formulas for the distribution of federal money and any need for the modification of programs administered by the Department.

      (e) May, by regulation, require nonprofit organizations and state and local governmental agencies to provide information regarding the programs of those organizations and agencies, excluding detailed information relating to their budgets and payrolls, which the Director deems necessary for the performance of the duties imposed upon him or her pursuant to this section.

      (f) Has such other powers and duties as are provided by law.

      2.  Notwithstanding any other provision of law, the Director, or the Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

      Sec. 7. NRS 608.560 is hereby amended to read as follows:

      608.560  1.  “Home care program” means a program established by a state agency or a local government which provides in the home personal care services, personal assistance or temporary respite services to elderly persons or persons with disabilities.

      2.  The term includes, without limitation:

      (a) Any program established under the State Plan for Medicaid which provides, in the home, the services described in subsection 1.

      (b) Any program established pursuant to NRS 427A.250 to 427A.280, inclusive [.] , or section 1 of this act.

      (c) The program established pursuant to NRS 422.396.

      (d) The program established pursuant to NRS 427A.793.

      Sec. 7.5.  1.  There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services for costs to carry out the provisions of this act the following sums:

For the Fiscal Year 2025-2026.................................................... $293,055

For the Fiscal Year 2026-2027.................................................... $184,057

      2.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1:

 


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Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1:

For the Fiscal Year 2025-2026.................................................... $323,855

For the Fiscal Year 2026-2027...................................................... $91,953

      3.  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. 8. NRS 427A.255 is hereby repealed.

      Sec. 9.  1.  This section becomes effective upon passage and approval.

      2.  Section 7.5 of this act becomes effective on July 1, 2025.

      3.  Sections 1 to 7, inclusive, and 8 of this act become effective:

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

      (b) On January 1, 2026, for all other purposes.

________

CHAPTER 498, SB 233

Senate Bill No. 233–Senators Doρate and Flores

 

CHAPTER 498

 

[Approved: June 10, 2025]

 

AN ACT relating to agriculture; requiring the Council on Food Security within the Department of Health and Human Services to conduct a study on the Home Feeds Nevada Agriculture Food Purchase Program; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Director of the State Department of Agriculture to establish the Home Feeds Nevada Agriculture Food Purchase Program to supplement the supply of nutritious food available to persons through food banks and other providers. (NRS 561.515)

      Section 2 of this bill requires the Council on Food Security within the Department of Health and Human Services to study issues relating to the long-term financial stability of the Home Feeds Nevada Agriculture Food Purchase Program, including, without limitation, identifying sustainable sources of revenue to fund the Program. Section 2 also: (1) requires the Council to submit a written report of the results of the study to the Director of the Department and the Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Legislature; and (2) authorizes the Council to request the drafting of not more than one legislative measure for prefiling on or before the first day of the regular session of the 2027 Legislature.

      Section 3 of this bill makes an appropriation of $800,000 to the Nutritious Food Purchase Account for the Director of the State Department of Agriculture to carry out the Home Feeds Nevada Agriculture Food Purchase Program.

 


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κ2025 Statutes of Nevada, Page 3258 (CHAPTER 498, SB 233)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. (Deleted by amendment.)

      Sec. 2.  1.  The Council on Food Security created by NRS 232.4966 shall conduct a study during the 2025-2026 interim on the Home Feeds Nevada Agriculture Food Purchase Program established pursuant to NRS 561.515 concerning issues relating to the long-term financial stability of the Program, which must include, without limitation, identifying sustainable sources of revenue to fund the Program.

      2.  On or before December 1, 2026, the Council shall prepare and submit a written report describing the results of the study to:

      (a) The Director of the State Department of Agriculture; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to the 84th Session of the Legislature.

      3.  The Council may request the drafting of not more than one legislative measure which relates to matters within the scope of the Home Feeds Nevada Agriculture Food Purchase Program. The request must be submitted to the Legislative Counsel on or before December 1, 2026, and must be on a form prescribed by the Legislative Counsel. A legislative measure requested pursuant to this subsection must be prefiled on or before the first day of the regular session of the 84th Session of the Legislature. A legislative measure that is not prefiled on or before that day shall be deemed withdrawn.

      Sec. 3.  1.  There is hereby appropriated from the State General Fund to the Nutritious Food Purchase Account created by NRS 561.505 the sum of $800,000 for use by the Director of the State Department of Agriculture to carry out the Home Feeds Nevada Agriculture Food Purchase Program established pursuant to NRS 561.515.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, 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 17, 2027, 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 17, 2027.

      Sec. 4.  This act becomes effective on July 1, 2025.

________

 


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κ2025 Statutes of Nevada, Page 3259κ

 

CHAPTER 499, SB 260

Senate Bill No. 260–Senators Flores, Doρate; and Scheible

 

Joint Sponsors: Assemblymembers Moore, Gonzαlez; and D’Silva

 

CHAPTER 499

 

[Approved: June 10, 2025]

 

AN ACT relating to employment; requiring the Administrator of the Division of Industrial Relations of the Department of Business and Industry to adopt certain regulations prescribing requirements for certain employers relating to the exposure of certain employees to poor air quality from wildfire smoke in the workplace; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires certain employers to establish and implement a written safety program that includes the establishment of a training program concerning safety in the workplace. (NRS 618.383) Section 1 of this bill requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to establish by regulation measures that an employer must take to reduce the exposure of an employee to poor air quality from wildfire smoke where the air quality index is: (1) 150 or more but less than 200; and (2) 200 or more. The Administrator is also required to establish by regulation an air quality index level caused by wildfire smoke at which an employer is prohibited from allowing an employee to perform critical tasks outdoors. Section 1 further requires each employer to establish a communications system that: (1) informs an employee when the employee is being exposed to certain poor air quality; and (2) allows any employee to report to the employer the presence of such poor air quality and any symptom experienced by the employee that may be caused by such exposure. Section 1 further requires the Administrator to adopt regulations: (1) concerning the implementation of such a communication system; and (2) that prescribe standards for training that certain employers are required to provide to certain employees. Additionally, section 1 prohibits the regulations adopted by the Administrator from imposing additional liability on an employer for the purposes of certain policies of insurance. Finally, section 1 provides that these requirements do not apply to any employer that: (1) is an operator of a mine; (2) employs commercial truck drivers; (3) is a provider of emergency services; or (4) has 10 or fewer employees.

 

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

      1.  The Administrator shall establish by regulation:

      (a) Measures that an employer must take to monitor air quality and reduce the exposure of an employee to poor air quality from wildfire smoke where:

             (1) The air quality index is 150 or more but less than 200; and

             (2) The air quality index is 200 or more; and

 


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      (b) An air quality index level caused by wildfire smoke at which an employer shall not allow an employee to perform critical tasks outdoors.

      2.  Each employer shall establish a communications system in accordance with the requirements adopted by regulation pursuant to subsection 3 that:

      (a) Informs an employee, in a manner that is understandable to the employee, when the employee is being exposed to air quality where the air quality index is 150 or more during the employee’s shift and of the protective controls that are available to the employee to reduce exposure to the air quality.

      (b) Allows any employee to inform the employer when the employee is being exposed to air quality where the air quality index is 150 or more in the employee’s workplace and if the employee is experiencing any symptom related to such exposure, including, without limitation, asthmatic attacks, difficulty breathing or chest pain.

      3.  The Administrator shall adopt regulations that prescribe:

      (a) Requirements for the implementation of a communications system established pursuant to subsection 2. Such regulations may prescribe additional requirements for such a communications system.

      (b) Standards for an employer to train employees who work outdoors and may be exposed to poor air quality from wildfire smoke. Such standards must require that the training:

             (1) Be provided in a manner that is understandable to the employee;

             (2) Describe the requirements imposed on employers pursuant to this section; and

             (3) Describe the risks of not using personal protection equipment while working outdoors and being exposed to poor air quality from wildfire smoke.

      4.  The Administrator may develop and provide to each employer written guidance for complying with this section and any regulations adopted pursuant thereto. Such guidance may account for working conditions in rural and remote locations.

      5.  The regulations adopted pursuant to this section must not impose any additional liability on an employer for the purposes of industrial insurance or insurance for occupational diseases.

      6.  The provisions of this section do not apply to any employer who:

      (a) Is an operator of a mine;

      (b) Employs commercial truck drivers;

      (c) Is a provider of emergency services; or

      (d) Has 10 or fewer employees.

      7.  As used in this section:

      (a) “Outdoors” means a work environment where an employee regularly performs job duties in conditions that are directly affected by the elements. The term does not include a work environment that is enclosed or climate controlled.

      (b) “Provider of emergency services” means an agency of the State or a political subdivision of the State that provides police, fire-fighting, rescue, emergency medical services or other services related to public safety.

 


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safety. The term includes, without limitation, any entity that provides such services during a state of emergency or declaration of disaster proclaimed pursuant to NRS 414.070.

      (c) “Wildfire smoke” means smoke caused by a wildfire which contains a complex mixture of gases and particles that includes, without limitation, gases, hazardous air pollutants, water vapor and particle pollution.

      Sec. 2.  The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

      Sec. 3.  1.  This section and section 2 of this act become effective upon passage and approval.

      2.  Section 1 of this act becomes effective:

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

      (b) On January 1, 2026, for all other purposes.

________

CHAPTER 500, SB 262

Senate Bill No. 262–Senators Pazina, Dondero Loop, Cannizzaro, Doρate, Nguyen; Cruz-Crawford, Daly, Flores, Lange, Neal, Ohrenschall, Scheible and Taylor

 

Joint Sponsors: Assemblymembers Marzola, Monroe-Moreno, Brown-May, Considine, Watts; Anderson, Backus, Dalia, D’Silva, Edgeworth, Flanagan, Gonzαlez, Goulding, Hunt, Jackson, Jauregui, Karris, La Rue Hatch, Moore, Mosca, Nadeem, Nguyen, Orentlicher, Roth, Torres-Fossett and Yeager

 

CHAPTER 500

 

[Approved: June 10, 2025]

 

AN ACT relating to health care; prohibiting certain institutions from eliminating or reducing the size of a program for residency training and postdoctoral fellowships without the approval of the Department of Health and Human Services; transferring the administration of the Graduate Medical Education Grant Program and the Account for the Program from the Office of Science, Innovation and Technology in the Office of the Governor to the Department; expanding the purposes for which institutions that provide programs for residency training and postdoctoral fellowships in this State may receive grants under the Program; establishing the criteria for prioritizing the awarding of such grants; requiring the Department to explore ways to use federal financial participation in Medicaid to support graduate medical education; making an appropriation to the Account for the Program; and providing other matters properly relating thereto.

 


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κ2025 Statutes of Nevada, Page 3262 (CHAPTER 500, SB 262)κ

 

Legislative Counsel’s Digest:

      Existing law establishes the Office of Science, Innovation and Technology in the Office of the Governor and requires the Director of the Office to implement the Graduate Medical Education Grant Program. (NRS 223.600, 223.610) Existing law: (1) requires the Office to establish and administer the Program to award grants to institutions in this State seeking to create, expand or retain programs for residency training and postdoctoral fellowships for physicians; (2) creates the Account for the Graduate Medical Education Grant Program, administered by the Director; and (3) creates the Advisory Council on Graduate Medical Education to evaluate applications and make recommendations for such grants. (NRS 223.631-223.639) Sections 3-7 of this bill transfer the Advisory Council and the duties to administer the Program and the Account from the Office to the Department of Health and Human Services. Sections 1.5 and 2 of this bill make conforming changes to remove the Program and the Advisory Council from the duties required to be performed by the Director. Section 1 of this bill prohibits an institution that receives a grant through the Program from eliminating or reducing the size of a program for residency training and postdoctoral fellowships without the approval of the Department. Sections 3 and 6 expand the grants that may be made from the Account under the Program to include grants to institutions which operate programs for residency training that are training a number of residents that exceeds the number of full-time equivalent residents for which the institution receives certain payments from Medicare. Section 6 authorizes the Department to award limited grants to assist in building administrative and operational capacity for a new program for residency training and postdoctoral fellowships and recruiting personnel essential to the operation of such a program. Section 6 also establishes the criteria for prioritizing the awarding of grants. Section 7.7 of this bill requires the Department, in collaboration with the Advisory Council, to explore ways to use federal financial participation in Medicaid to support programs for residency training and postdoctoral fellowships. Section 7.3 makes a conforming change to require the Director of the Department to administer section 7.7 in the same manner as other provisions governing Medicaid. Section 8 of this bill makes an appropriation to the Account for the Program.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Chapter 223 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  An institution that receives a grant through the Graduate Medical Education Grant Program established pursuant to NRS 223.637 shall not eliminate or reduce the size of a program for residency training and postdoctoral fellowships operated by the institution without the approval of the Department of Health and Human Services.

      2.  To obtain the approval of the Department of Health and Human Services for the elimination or reduction of the size of a program for residency training and postdoctoral fellowships pursuant to subsection 1, an institution must apply to the Department in the form prescribed by the Department. The application must include, without limitation:

      (a) An analysis of the current and projected needs of patients in the geographic area served by the program, including, without limitation, the need for physicians who practice in any specialty in which the program provides residency training;

 


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κ2025 Statutes of Nevada, Page 3263 (CHAPTER 500, SB 262)κ

 

      (b) A detailed explanation of the reasons for the proposed elimination or reduction and justification of the elimination or reduction; and

      (c) A description of efforts to mitigate the impact of the elimination or reduction, which may include, without limitation, transferring resources to areas of higher need.

      3.  The Department of Health and Human Services shall not approve an application to eliminate or reduce the size of a program for residency training and postdoctoral fellowships submitted pursuant to subsection 2 unless the application demonstrates that the elimination or reduction:

      (a) Is justified by a decrease in the needs of patients in the geographic area served by the program, including, without limitation, the need for physicians who practice in any specialty in which the program provides residency training; and

      (b) Is not likely to negatively impact the overall availability of providers of health care in this State.

      4.  If an institution violates subsection 1, the Department of Health and Human Services may:

      (a) Suspend or revoke the grant awarded to the institution through the Graduate Medical Education Grant Program; or

      (b) Disqualify the institution from receiving future grants through the Graduate Medical Education Grant Program.

      Sec. 1.5. NRS 223.610 is hereby amended to read as follows:

      223.610  The Director of the Office of Science, Innovation and Technology shall:

      1.  Advise the Governor and the Executive Director of the Office of Economic Development on matters relating to science, innovation and technology.

      2.  Work in coordination with the Office of Economic Development to establish criteria and goals for economic development and diversification in this State in the areas of science, innovation and technology.

      3.  As directed by the Governor, identify, recommend and carry out policies related to science, innovation and technology.

      4.  Report periodically to the Executive Director of the Office of Economic Development concerning the administration of the policies and programs of the Office of Science, Innovation and Technology.

      5.  Coordinate activities in this State relating to the planning, mapping and procurement of broadband service in a competitively neutral and nondiscriminatory manner, which must include, without limitation:

      (a) Development of a strategic plan to improve the delivery of broadband services in this State to schools, libraries, providers of health care, transportation facilities, prisons and other community facilities;

      (b) Applying for state and federal grants on behalf of eligible entities and managing state matching money that has been appropriated by the Legislature;

      (c) Coordinating and processing applications for state and federal money relating to broadband services;

      (d) Prioritizing construction projects which affect or involve the expansion or deployment of broadband services in this State;

 


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κ2025 Statutes of Nevada, Page 3264 (CHAPTER 500, SB 262)κ

 

      (e) In consultation with providers of health care from various health care settings, the expansion of telehealth services to reduce health care costs and increase health care quality and access in this State, especially in rural, unserved and underserved areas of this State;

      (f) Expansion of the fiber optic infrastructure in this State for the benefit of the public safety radio and communications systems in this State;

      (g) Collection and storage of data relating to agreements and contracts entered into by the State for the provision of fiber optic assets in this State;

      (h) Administration of the trade policy for fiber optic infrastructure in this State; and

      (i) Establishing and administering a program of infrastructure grants for the development or improvement of broadband services for persons with low income and persons in rural areas of this State using money from the Account for the Grant Program for Broadband Infrastructure created by NRS 223.660. The Director may adopt regulations to carry out his or her duties pursuant to this paragraph.

      6.  [Provide support to the Advisory Council on Graduate Medical Education and implement the Graduate Medical Education Grant Program established pursuant to NRS 223.637.

      7.]  In carrying out his or her duties pursuant to this section, consult with the Executive Director of the Office of Economic Development and cooperate with the Executive Director in implementing the State Plan for Economic Development developed by the Executive Director pursuant to subsection 2 of NRS 231.053.

      [8.]7.  Administer such grants as are provided by legislative appropriation.

      Sec. 2. NRS 223.630 is hereby amended to read as follows:

      223.630  1.  The Account for the Office of Science, Innovation and Technology is hereby created in the State General Fund. The Account must be administered by the Director of the Office of Science, Innovation and Technology.

      2.  Except as otherwise provided in NRS [223.631 and] 223.660, any money accepted pursuant to NRS 223.620 must be deposited in the Account.

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

      4.  The money in the Account must only be used to carry out the duties of the Director.

      5.  Claims against the Account must be paid as other claims against the State are paid.

      Sec. 3. NRS 223.631 is hereby amended to read as follows:

      223.631  1.  The Account for the Graduate Medical Education Grant Program is hereby created in the State General Fund. The Director of the [Office of Science, Innovation and Technology] Department of Health and Human Services shall administer the Account.

      2.  The Director of the [Office of Science, Innovation and Technology] Department of Health and Human Services may:

      (a) Accept any gift, donation, bequest or devise; and

      (b) Apply for and accept any grant, loan or other source of money,

Κ for deposit in the Account to assist the Director in carrying out the Graduate Medical Education Grant Program established pursuant to NRS 223.637.

 


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κ2025 Statutes of Nevada, Page 3265 (CHAPTER 500, SB 262)κ

 

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

      4.  The money in the Account must only be used to:

      (a) Award competitive grants to institutions in this State [seeking] :

             (1) Seeking to create, expand or retain programs for residency training and postdoctoral fellowships that are approved by the Accreditation Council for Graduate Medical Education or its successor organization; [and] or

             (2) Operating programs for residency training that are approved by the Accreditation Council for Graduate Medical Education, or its successor organization, and that are training a number of residents that exceeds the maximum number of full-time equivalent resident positions for which the institution receives direct graduate medical education or indirect medical education payments from Medicare; and

      (b) Defray the costs of establishing and administering the Graduate Medical Education Grant Program established pursuant to NRS 223.637.

      5.  Any money remaining in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.

      6.  Claims against the Account must be paid as other claims against the State are paid.

      Sec. 4. NRS 223.633 is hereby amended to read as follows:

      223.633  1.  The Advisory Council on Graduate Medical Education is hereby created within the [Office of Science, Innovation and Technology.] Department of Health and Human Services. The Council consists of:

      (a) The dean of each medical school in this State that is accredited by the Liaison Committee on Medical Education of the American Medical Association and the Association of American Medical Colleges or their successor organizations, or his or her designee;

      (b) The dean of each school of osteopathic medicine in this State that is accredited by the Commission on Osteopathic College Accreditation of the American Osteopathic Association or its successor organization, or his or her designee;

      (c) Two members appointed by the Governor who are physicians licensed pursuant to chapter 630 or 633 of NRS;

      (d) One member appointed by the Governor who represents hospitals located in counties whose population is less than 100,000;

      (e) One member appointed by the Governor who represents hospitals located in counties whose population is 100,000 or more but less than 700,000;

      (f) One member appointed by the Governor who represents hospitals located in a county whose population is 700,000 or more;

      (g) One member appointed by the Governor who represents the medical corps of any of the Armed Forces of the United States;

      (h) One member appointed by the Governor who represents the Department of Health and Human Services; and

      (i) One member appointed by the Governor who represents the Office of Economic Development in the Office of the Governor.

 


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      2.  In addition to the members appointed by the Governor pursuant to subsection 1, the Governor may appoint two members as the Governor determines necessary to carry out the provisions of NRS 223.631 to 223.639, inclusive [.] , and section 1 of this act.

      3.  After the initial terms, the term of each member of the Council is 3 years, and members shall serve at the pleasure of the Governor.

      4.  Any vacancy occurring in the membership of the Council must be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.

      5.  The Council shall select from its members a Chair and a Vice Chair who shall hold office for 1 year and who may be reselected.

      6.  The Council shall meet at the call of the Chair as often as necessary to evaluate applications for competitive grants for the Graduate Medical Education Grant Program established pursuant to NRS 223.637 and make recommendations to the [Office of Science, Innovation and Technology] Department of Health and Human Services concerning the approval of applications for such grants.

      7.  A majority of the members of the Council constitutes a quorum for the transaction of business, and a majority of those members present at any meeting is sufficient for any official action taken by the Council.

      8.  The members of the Council serve without compensation, except that each member is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the official business of the Council.

      9.  A member of the Council who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Council to:

      (a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Council; or

      (b) Take annual leave or compensatory time for the absence.

      Sec. 5. NRS 223.635 is hereby amended to read as follows:

      223.635  The Advisory Council on Graduate Medical Education shall:

      1.  Evaluate applications for competitive grants for the Graduate Medical Education Grant Program established pursuant to NRS 223.637 and make recommendations to the [Office of Science, Innovation and Technology] Department of Health and Human Services concerning the approval of applications for such grants. In evaluating and making recommendations concerning such applications, the Council shall give priority to the award of grants [for the retention of programs in this State for residency training and postdoctoral fellows when the federal funding for the support of such programs expires.] in accordance with paragraph (b) of subsection 3 of NRS 223.637.

      2.  Study and make recommendations to the [Office of Science, Innovation and Technology,] Department of Health and Human Services, the Governor and the Legislature concerning:

 


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      (a) The creation and retention of programs in this State for residency training and postdoctoral [fellows] fellowships that are approved by the Accreditation Council for Graduate Medical Education or its successor organization; and

      (b) The recruitment and retention of physicians necessary to meet the health care needs of the residents of this State, with the emphasis on those health care needs.

      Sec. 6. NRS 223.637 is hereby amended to read as follows:

      223.637  1.  The [Office of Science, Innovation and Technology] Department of Health and Human Services shall establish and administer a Graduate Medical Education Grant Program as a competitive grant program to award grants to institutions in this State [seeking] :

      (a) Seeking to create, expand or retain programs for residency training and postdoctoral [fellows] fellowships that are approved by the Accreditation Council for Graduate Medical Education or its successor organization [.] ; or

      (b) Which operate programs for residency training that are approved by the Accreditation Council for Graduate Medical Education, or its successor organization, and that are training a number of residents that exceeds the maximum number of full-time equivalent resident positions for which the institution receives direct graduate medical education or indirect medical education payments from Medicare.

      2.  The Department of Health and Human Services may award limited grants pursuant to the Program established pursuant to subsection 1 to:

      (a) Assist institutions in building administrative and operational capacity as necessary to establish a new program for residency training and postdoctoral fellowships.

      (b) Recruit personnel essential to the operation of a program for residency training and postdoctoral fellowships, including, without limitation, program directors and resident faculty. Such recruitment may consist of paying relocation expenses, providing supplements to salaries and providing professional development.

      3.  In awarding grants pursuant to the Program established pursuant to subsection 1, the [Office of Science, Innovation and Technology] Department of Health and Human Services shall [consider] :

      (a) Consider the recommendations of the Advisory Council on Graduate Medical Education created by NRS 223.633 ; and [give]

      (b) Give priority to the award of grants [for] :

             (1) For the retention of programs in this State for residency training and postdoctoral [fellows] fellowships when the federal funding for the support of such programs expires [.] ; and

             (2) To programs that:

                   (I) Will leverage funds from the Federal Government or private persons to maximize the impact of the grants;

                   (II) Incorporate innovative delivery models, including, without limitation, telehealth, rotations in rural areas and training in underserved settings;

                   (III) Provide logistical support, which may include, without limitation, transportation, housing and accommodations for family members of residents and fellows, to facilitate the placement of residents and fellows in rural areas and other underserved areas;

 


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                   (IV) Demonstrate collaboration with rural hospitals, community health centers and other local entities that provide health care; and

                   (V) Address geographic areas and populations of this State where the shortage of providers of health care is most critical and specialties for which the need in those areas and among those populations is most critical in this State.

      [3.]4.  The [Office of Science, Innovation and Technology] Department of Health and Human Services shall establish a committee to develop a process, procedure and rubric for evaluating applications for grants pursuant to the Program established pursuant to subsection 1 to ensure that the process and procedure are transparent, without bias, fair, equitable and accessible. The committee established pursuant to this subsection must be composed of persons with expertise in subject matters related to graduate medical education who are not affiliated with any applicant for a grant pursuant to the Program established pursuant to subsection 1.

      [4.]5.  The [Office of Science, Innovation and Technology] Department of Health and Human Services may adopt regulations necessary to carry out the Program established pursuant to subsection 1. Such regulations may include, without limitation, the requirements to apply for and receive a grant.

      Sec. 7. NRS 223.639 is hereby amended to read as follows:

      223.639  1.  On or before October 1 of each year, the [Office of Science, Innovation and Technology] Department of Health and Human Services shall submit a written report to:

      (a) The Governor; and

      (b) The Director of the Legislative Counsel Bureau for transmittal to:

             (1) The Interim Finance Committee in an odd-numbered year; or

             (2) The next regular session of the Legislature in an even-numbered year.

      2.  The report must include, without limitation:

      (a) Information on the Graduate Medical Education Grant Program established pursuant to NRS 223.637; and

      (b) Any recommendations regarding graduate medical education in this State, including, without limitation:

             (1) The creation, expansion and retention of programs in this State for residency training and postdoctoral [fellows;] fellowships; and

             (2) Methods by which this State may recruit and retain physicians necessary to meet the health care needs of the residents of this State.

      Sec. 7.3. 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

 


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             (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 7.7 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 Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

      Sec. 7.7. Chapter 422 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  The Department, in collaboration with the Advisory Council on Graduate Medical Education created by NRS 223.633, shall explore ways to use federal financial participation in Medicaid to support programs for medical residency training and postdoctoral fellowships in this State.

 


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      2.  In allocating federal money pursuant to subsection 1, the Department:

      (a) May prioritize programs for medical residency training and postdoctoral fellowships serving geographical areas and populations of this State where the shortage of providers of health care is most critical or which provide training in the specialties for which the need is most critical; and

      (b) Shall not use or authorize the use of such federal money to supplant existing methods of funding that are available to programs for medical residency training and postdoctoral fellowship.

      Sec. 8.  There is hereby appropriated from the State General Fund to the Account for the Graduate Medical Education Grant Program created by NRS 223.631 the following sums for the Graduate Medical Education Grant Program established pursuant to NRS 223.637:

For the Fiscal Year 2025-2026................................................. $4,500,000

For the Fiscal Year 2026-2027................................................. $4,500,000

      Sec. 9.  1.  Any administrative regulations adopted by an officer or an agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remain in force until amended by the officer or agency to which the responsibility for the adoption of the regulations has been transferred.

      2.  Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred. Such contracts and other agreements may be enforced by the officer or agency to which the responsibility for the enforcement of the provisions of the contract or other agreement has been transferred.

      3.  Any action taken by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency remains in effect as if taken by the officer or agency to which the responsibility for the enforcement of such actions has been transferred.

      Sec. 10.  The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.

      Sec. 11.  This act becomes effective on July 1, 2025.

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CHAPTER 501, SB 300

Senate Bill No. 300–Senators Dondero Loop, Flores, Cruz-Crawford; Cannizzaro, Daly, Ohrenschall, Pazina and Taylor

 

CHAPTER 501

 

[Approved: June 10, 2025]

 

AN ACT relating to Medicaid; requiring Medicaid to cover the administration of certain medication for persons with opioid use disorder and certain mental health services provided at a federally-qualified health center; making an appropriation; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the Department of Health and Human Services to administer Medicaid. (NRS 422.270) Section 1.2 of this bill requires the Director of the Department to include under Medicaid coverage for the administration of certain medication to treat opioid use disorder. Section 1.1 of this bill defines “medication assisted treatment” for that purpose. Section 1.3 of this bill establishes the applicability of that definition, and section 1.5 of this bill eliminates a duplicative definition. Section 1.6 of this bill makes a conforming change to require the Director to administer the provisions of sections 1.1 and 1.2 in the same manner as the provisions of existing law governing Medicaid. Section 1.7 of this bill requires the transfer of certain money and authorizes the expenditure of certain money to carry out the provisions of section 1.2.

      The policies of the Department of Health and Human Services provide that Medicaid will provide coverage of services provided by a psychiatrist, psychologist, advanced practice registered nurse, marriage and family therapist or licensed clinical social worker at a federally-qualified health center. (Medicaid Services Manual 2903(B)(1)) In 2023, federal law was amended to authorize federal financial participation for Medicaid coverage of services provided by mental health counselors, including alcohol and drug counselors who hold a master’s or doctoral degree and clinical professional counselors, when such services are provided in a federally-qualified health center. (42 U.S.C. § 1396a(a)(10), 42 U.S.C. § 1396d(a)(2)(c), 42 U.S.C. § 1396d(l)(2); Consolidated Appropriations Act of 2023, Pub. L. No. 117-328, § 4121) Section 1.4 of this bill: (1) codifies into law existing requirements that Medicaid cover services provided by a psychiatrist, psychologist, advanced practice registered nurse, marriage and family therapist or licensed clinical social worker at a federally-qualified health center; (2) newly requires Medicaid to cover services provided by a clinical professional counselor, licensed alcohol and drug counselor or licensed clinical alcohol and drug counselor at a federally qualified health center; and (3) newly requires Medicaid to cover services provided by a master’s level intern in any of those professions practicing in a federally-qualified health center under supervision. Section 1.8 of this bill appropriates certain money and authorizes the expenditure of certain money to carry out the provisions of section 1.4.

 

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 the provisions set forth as sections 1.1 and 1.2 of this act.

      Sec. 1.1. “Medication-assisted treatment” means treatment for opioid use disorder using medication approved by the United States Food and Drug Administration for that purpose.

 


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      Sec. 1.2. 1.  To the extent that federal financial participation is available, the Director shall include under Medicaid coverage for the administration of medication for medication-assisted treatment.

      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. 1.3. NRS 422.001 is hereby amended to read as follows:

      422.001  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 422.003 to 422.054, inclusive, and section 1.1 of this act have the meanings ascribed to them in those sections.

      Sec. 1.4.NRS 422.272366 is hereby amended to read as follows:

      422.272366  1.  [The] To the extent that federal financial participation is available, the Director shall include [in the State Plan for] under Medicaid [a requirement that the State must pay the nonfederal share of expenditures incurred] coverage for behavioral health services, including, without limitation, mental health services and services for the treatment of a substance use disorder, that are delivered [through] :

      (a) Through evidence-based, behavioral health integration models, including, without limitation, collaborative care management services [.] ; or

      (b) In a federally-qualified health center by:

             (1) A psychiatrist, psychologist, advanced practice registered nurse, licensed marriage and family therapist, licensed clinical social worker, clinical professional counselor, licensed alcohol and drug counselor or licensed clinical alcohol and drug counselor; or

             (2) A master’s level intern practicing under the direct supervision of a provider of health care listed in subparagraph 1 who practices the same profession as the master’s level intern.

      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).

      3.  As used in this section:

      (a) “Behavioral health integration model” means a model of delivering behavioral health services that integrates such services with primary care. The term includes, without limitation, the delivery of behavioral health services using collaborative care management services.

 


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      (b) “Collaborative care management services” means a combination of services and structured care management with regular assessments directed and provided by a team of providers of primary care and providers of behavioral health care.

      (c) “Federally-qualified health center” has the meaning ascribed to it in 42 U.S.C. § 1396d(l)(2)(B).

      (d) “Master’s level intern” means:

             (1) A physician licensed pursuant to chapter 630 or 633 of NRS who is completing a residency or fellowship in psychiatry;

             (2) A registered nurse who holds a master’s or doctoral degree in nursing and is completing the training necessary for licensure as an advanced practice registered nurse;

             (3) A psychological assistant, as defined in NRS 641.0263, a psychological intern, as defined in NRS 641.0265, or a psychological trainee, as defined in NRS 641.0267;

             (4) A licensed marriage and family therapist intern;

             (5) A licensed clinical professional counselor intern;

             (6) A social worker who holds a master’s or doctoral degree in social work, is licensed to engage in social work and is completing the training necessary for licensure as a clinical social worker;

             (7) A certified clinical alcohol and drug counselor intern; or

             (8) A certified alcohol and drug counselor who holds a master’s degree or a doctoral degree in a field of social science approved by the Board of Examiners for Alcohol, Drug and Gambling Counselors and is completing the supervised counseling required for licensure as an alcohol and drug counselor.

      Sec. 1.5. NRS 422.272428 is hereby amended to read as follows:

      422.272428  1.  The Director shall, to the extent that federal financial participation is available, include under Medicaid coverage for limited services for persons described in subsection 2 who are incarcerated, for not more than 90 days before the scheduled release of such persons. Such services must include, without limitation:

      (a) Case management;

      (b) Consultations with providers of physical and behavioral health care;

      (c) Laboratory and radiology services;

      (d) Prescription drugs, including, without limitation, medication-assisted treatment; and

      (e) The services of a community health worker.

      2.  A person is eligible for the coverage described in subsection 1 if the person would otherwise be eligible for Medicaid if he or she were not incarcerated and:

      (a) Is under 18 years of age;

      (b) Has been diagnosed with:

             (1) A mental illness;

             (2) Substance use disorder;

             (3) A chronic disease or other significant disease;

             (4) An intellectual disability;

             (5) A developmental disability;

             (6) A traumatic brain injury; or

             (7) Human immunodeficiency virus; or

 


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      (c) Is pregnant or not more than 12 weeks postpartum.

      3.  The Department shall apply to the Secretary of Health and Human Services for a waiver granted pursuant to 42 U.S.C. § 1315 that authorizes the Department to receive federal funding to provide the coverage required by this section. The Department shall 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 pursuant to this section.

      4.  If the Secretary of Health and Human Services grants the waiver applied for pursuant to subsection 3, the Department of Corrections shall coordinate with the Department of Health and Human Services on an ongoing basis to ensure persons described in subsection 2 who are incarcerated are screened and identified for eligibility to receive the coverage described in subsection 1.

      5.  As used in this section:

      (a) “Chronic disease” means a health condition or disease which presents for a period of 3 months or more or is persistent, indefinite or incurable.

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

      (c) “Developmental disability” has the meaning ascribed to it in NRS 433.069.

      (d) “Intellectual disability” has the meaning ascribed to it in NRS 433.099.

      (e) [“Medication-assisted treatment” means treatment for an opioid use disorder using medication approved by the United States Food and Drug Administration for that purpose.

      (f)] “Mental illness” means any mental dysfunction leading to the impaired ability of a person to maintain himself or herself and to function effectively in his or her life situation without external support.

      [(g)](f) “Traumatic brain injury” means a sudden shock or damage to the brain or its coverings which is not of a degenerative nature and produces an altered state of consciousness or temporarily or permanently impairs the mental, cognitive, behavioral or physical functioning of the brain. The term does not include:

             (1) A cerebral vascular accident;

             (2) An aneurism; or

             (3) A congenital defect.

      Sec. 1.6.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.

 


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      (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 sections 1.1 and 1.2 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 Director’s designee, is responsible for appointing and removing subordinate officers and employees of the Department.

      Sec. 1.7. 1.  The Division of Health Care Financing and Policy of the Department of Health and Human Services shall transfer the following sums from the Account to Improve Health Care Quality and Access created by NRS 422.37945 to the Nevada Medicaid budget account to carry out the provisions of section 1.2 of this act:

For the Fiscal Year 2025-2026.................................................... $121,684

For the Fiscal Year 2026-2027.................................................... $382,542

 


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      2.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1:

For the Fiscal Year 2025-2026.................................................... $545,735

For the Fiscal Year 2026-2027................................................. $1,686,686

      Sec. 1.8.  1.  There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services to carry out the provisions of section 1.4 of this act the following sums:

For the Fiscal Year 2025-2026....................................................... $77,943

For the Fiscal Year 2026-2027.................................................... $104,981

      2.  Expenditure of the following sums not appropriated from the State General Fund or the State Highway Fund is hereby authorized by the Division of Health Care Financing and Policy of the Department of Health and Human Services for the same purposes as set forth in subsection 1:

For the Fiscal Year 2025-2026.................................................... $179,425

For the Fiscal Year 2026-2027.................................................... $240,812

      3.  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. 2.  1.  This section becomes effective upon passage and approval.

      2.  Sections 1.7 and 1.8 of this act become effective on July 1, 2025.

      3.  Section 1.4 of this act becomes effective:

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

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

      4.  Sections 1 to 1.3, inclusive, 1.5 and 1.6 of this act become effective on March 1, 2026.

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CHAPTER 502, SB 309

Senate Bill No. 309–Senator Steinbeck

 

CHAPTER 502

 

[Approved: June 10, 2025]

 

AN ACT relating to crimes; revising provisions relating to driving under the influence of alcohol or certain other prohibited substances; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law establishes various penalties applicable to the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance, depending on whether the offense is the first, second or third offense within 7 years. (NRS 484C.400) Among other things, a court may sentence a person who is found guilty of a second offense within 7 years to: (1) imprisonment for not less than 10 days nor more than 6 months in jail; or (2) residential confinement for not less than 10 days nor more than 6 months. Section 12 of this bill increases the minimum term of imprisonment or residential confinement to 20 days.

      Existing law requires an offender who had a concentration of alcohol of 0.18 or more in his or her blood or breath at the time of an offense to be evaluated before sentencing to determine whether the offender has an alcohol or substance use disorder. (NRS 484C.350) Section 11 of this bill reduces the concentration of alcohol threshold to require an offender who had a concentration of alcohol of 0.16 or more in his or her blood or breath at the time of the offense to be evaluated for an alcohol or substance use disorder. Sections 1, 9 and 12 of this bill make conforming changes to reduce references to the concentration of alcohol from 0.18 to 0.16. Section 38 of this bill makes a technical change to repeal a definition that is not used in chapter 484C of NRS.

      Additionally, existing law, under certain circumstances, authorizes certain first, second and third-time offenders to apply to the court to undergo a program of treatment for an alcohol or other substance use disorder. (NRS 484C.320, 484C.330, 484C.340) Existing law prohibits an offender from applying to undergo such a program for third-time offenders if the offender has previously applied to receive such treatment or has previously been convicted of certain offenses. (NRS 484C.340) Section 10 of this bill removes the restriction related to previous applications by a third-time offender to undergo such a program and instead prohibits the offender from applying to undergo such a program if the offender has previously been ordered to complete a program of treatment for third-time offenders.

      For the purposes of determining whether a person that drives or physically controls a vehicle while under the influence of alcohol or a prohibited substance is a first, second or third-time offender, existing law qualifies an offense as a prior offense if it is: (1) evidenced by a conviction; or (2) conditionally dismissed or the judgment of conviction is set aside or dismissed in connection with successful completion of a diversionary program or specialty court program. (NRS 484C.400) Section 12 additionally provides that an offense qualifies as a prior offense if the person is undergoing a program of treatment for an alcohol or substance use disorder for a first, second or third-time offender.

      Existing law establishes a penalty that is applicable to a person who has previously committed certain felonies related to driving under the influence of alcohol or a prohibited substance and who subsequently commits the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance. (NRS 484C.410) Section 13 of this bill additionally applies this penalty to a person who is undergoing a program of treatment for an alcohol or substance use disorder for a third-time offender, if the person subsequently commits the offense of driving or physically controlling a vehicle while under the influence of alcohol or a prohibited substance.

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. NRS 484C.030 is hereby amended to read as follows:

      484C.030  “Concentration of alcohol of [0.18] 0.16 or more in his or her blood or breath” means [0.18] 0.16 gram or more of alcohol per 100 milliliters of the blood of a person or per 210 liters of his or her breath.

      Secs. 2-8. (Deleted by amendment.)

      Sec. 9. NRS 484C.320 is hereby amended to read as follows:

      484C.320  1.  An offender who is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400, other than an offender who is found to have a concentration of alcohol of [0.18] 0.16 or more in his or her blood or breath, may, at that time or any time before the offender is sentenced, apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 6 months. The court shall authorize that treatment if:

      (a) The offender is diagnosed as a person with an alcohol or other substance use disorder by:

             (1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis;

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners; or

             (3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing;

      (b) The offender agrees to pay the cost of the treatment to the extent of his or her financial resources; and

      (c) The offender has served or will serve a term of imprisonment in jail of not less than 1 day, or has performed or will perform 24 hours of community service.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for an alcohol or other substance use disorder. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.

      4.  If the court grants an application for treatment, the court shall:

      (a) Immediately sentence the offender and enter judgment accordingly.

      (b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment provider that is approved by the court, that the offender complete the treatment satisfactorily and that the offender comply with any other condition ordered by the court.

 


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treatment satisfactorily and that the offender comply with any other condition ordered by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

      (c) Advise the offender that:

             (1) He or she may be placed under the supervision of a treatment provider for a period not to exceed 3 years.

             (2) The court may order the offender to be admitted to a residential treatment facility or to be provided with outpatient treatment in the community.

             (3) If the offender fails to complete the program of treatment satisfactorily, the offender shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which the offender served before beginning treatment.

             (4) If the offender completes the treatment satisfactorily, the offender’s sentence will be reduced to a term of imprisonment which is not less than 1 day and a fine of not more than the minimum fine provided for the offense in NRS 484C.400, but the conviction must remain on the record of criminal history of the offender for the period prescribed by law.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 176A.230 to 176A.245, inclusive, except that the court:

      (a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as otherwise provided in this section.

      (b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.

      6.  The court shall notify the Department, on a form approved by the Department, upon granting the application of the offender for treatment and his or her failure to be accepted for or complete treatment.

      Sec. 10. NRS 484C.340 is hereby amended to read as follows:

      484C.340  1.  An offender who enters a plea of guilty or nolo contendere to a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 may, at the time the offender enters a plea, apply to the court to undergo a program of treatment for an alcohol or other substance use disorder for at least 3 years. The court may authorize that treatment if:

      (a) The offender is diagnosed as a person with an alcohol or other substance use disorder by:

             (1) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that diagnosis;

             (2) A physician who is certified to make that diagnosis by the Board of Medical Examiners;

             (3) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing; and

      (b) The offender agrees to pay the costs of the treatment to the extent of his or her financial resources.

 


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Κ An alcohol and drug counselor, a clinical alcohol and drug counselor, a physician or an advanced practice registered nurse who diagnoses an offender as a person with an alcohol or other substance use disorder shall make a report and recommendation to the court concerning the length and type of treatment required for the offender.

      2.  A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.

      3.  At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter and other information before the court.

      4.  If the court determines that an application for treatment should be granted, the court shall:

      (a) Immediately, without entering a judgment of conviction and with the consent of the offender, suspend further proceedings and place the offender on probation for not more than 5 years.

      (b) Order the offender to complete a program of treatment for an alcohol or other substance use disorder with a treatment provider approved by the court. If the court has a specialty court program for the supervision and monitoring of the person, the treatment provider must comply with the requirements of the specialty court, including, without limitation, any requirement to submit progress reports to the specialty court.

      (c) Advise the offender that:

             (1) He or she may be placed under the supervision of a treatment provider for not more than 5 years.

             (2) The court may order the offender to be admitted to a residential treatment facility.

             (3) The court will enter a judgment of conviction for a violation of paragraph (c) of subsection 1 of NRS 484C.400 if a treatment provider fails to accept the offender for a program of treatment for an alcohol or other substance use disorder or if the offender fails to complete the program of treatment satisfactorily. Any sentence of imprisonment may be reduced by a time equal to that which the offender served before beginning treatment.

             (4) If the offender completes the treatment satisfactorily, the court will enter a judgment of conviction for a violation of paragraph (b) of subsection 1 of NRS 484C.400.

            (5) The provisions of NRS 483.460 requiring the revocation of the license, permit or privilege of the offender to drive do not apply.

      5.  The court shall administer the program of treatment pursuant to the procedures provided in NRS 176A.230 to 176A.245, inclusive, except that the court:

      (a) Shall not defer the sentence or set aside the conviction upon the election of treatment, except as otherwise provided in this section; and

      (b) May enter a judgment of conviction and proceed as provided in paragraph (c) of subsection 1 of NRS 484C.400 for a violation of a condition ordered by the court.

 


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      6.  To participate in a program of treatment, the offender must:

      (a) Serve not less than 6 months of residential confinement;

      (b) Be placed under a system of active electronic monitoring, through the Division, that is capable of identifying the offender’s location and producing, upon request, reports or records of the offender’s presence near or within, or departure from, a specified geographic location and pay any costs associated with the offender’s participation under the system of active electronic monitoring;

      (c) Install, at his or her own expense, an ignition interlock device for not less than 12 months;

      (d) Not drive any vehicle unless it is equipped with an ignition interlock device;

      (e) Agree to be subject to periodic testing for the use of alcohol or controlled substances while participating in a program of treatment; and

      (f) Agree to any other conditions that the court deems necessary.

      7.  An offender may not apply to the court to undergo a program of treatment for an alcohol or other substance use disorder pursuant to this section if the offender has previously [applied] been ordered to [receive] complete a program of treatment pursuant to this section or if the offender has previously been convicted of:

      (a) A violation of NRS 484C.430;

      (b) A violation of NRS 484C.130;

      (c) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

      (d) A violation of paragraph (c) of subsection 1 of NRS 484C.400;

      (e) A violation of NRS 484C.410; or

      (f) A violation of law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a), (b), (c) or (d).

      8.  An offender placed under a system of active electronic monitoring pursuant to paragraph (b) of subsection 6 shall:

      (a) Follow the instructions provided by the Division to maintain the electronic monitoring device in working order.

      (b) Report any incidental damage or defacement of the electronic monitoring device to the Division within 2 hours after the occurrence of the damage or defacement.

      (c) Abide by any other conditions set forth by the court or the Division with regard to the offender’s participation under the system of active electronic monitoring.

      9.  Except as otherwise provided in this subsection, a person who intentionally removes or disables or attempts to remove or disable an electronic monitoring device placed on an offender pursuant to this section is guilty of a gross misdemeanor. The provisions of this subsection do not prohibit a person authorized by the Division from performing maintenance or repairs to an electronic monitoring device.

      10.  As used is this section, “Division” means the Division of Parole and Probation of the Department of Public Safety.

 


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      Sec. 11. NRS 484C.350 is hereby amended to read as follows:

      484C.350  1.  If an offender is found guilty of a violation of NRS 484C.110 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the concentration of alcohol in the offender’s blood or breath at the time of the offense was [0.18] 0.16 or more, if an offender is found guilty of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (b) of subsection 1 of NRS 484C.400 or if an offender is found guilty of a violation of subsection 4 of NRS 453.336, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol or other substance use disorder.

      2.  If an offender is convicted of a violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (a) of subsection 1 of NRS 484C.400 and if the offender is under 21 years of age at the time of the violation or if the offender is convicted of a violation of subsection 1 or 2 of NRS 202.020, subsection 1 of NRS 202.040 or subsection 4 of NRS 678D.310, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4, 5 or 6 to determine whether the offender has an alcohol or other substance use disorder.

      3.  Except as otherwise provided in subsection 4, 5 or 6, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:

      (a) An alcohol and drug counselor who is licensed or certified, or a clinical alcohol and drug counselor who is licensed, pursuant to chapter 641C of NRS, to make that evaluation;

      (b) A physician who is certified to make that evaluation by the Board of Medical Examiners; or

      (c) An advanced practice registered nurse who is certified to make that diagnosis by the State Board of Nursing,

Κ who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      4.  The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.

      5.  The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician, advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      6.  The evaluation of an offender who resides in this State may, upon approval of the court, be conducted in another state by a physician, advanced practice registered nurse or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation if the location of the physician, advanced practice registered nurse or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted.

 


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location of the physician, advanced practice registered nurse or other person in the other state is closer to the residence of the offender than the nearest location in this State at which an evaluation may be conducted. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.

      7.  An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this State outside an evaluation center shall not charge an offender more than $100 for the evaluation.

      Sec. 12. NRS 484C.400 is hereby amended to read as follows:

      484C.400  1.  Unless a greater penalty is provided pursuant to NRS 484C.430 or 484C.440, and except as otherwise provided in NRS 484C.394 or 484C.410, a person who violates the provisions of NRS 484C.110 or 484C.120:

      (a) For the first offense within 7 years, is guilty of a misdemeanor. Unless the person is allowed to undergo treatment as provided in NRS 484C.320, the court shall:

             (1) Except as otherwise provided in subparagraph (4) of this paragraph or subsection 3 of NRS 484C.420, order the person to pay tuition for an educational course on alcohol or other substance use disorders approved by the Department and complete the course within the time specified in the order, and the court shall notify the Department if the person fails to complete the course within the specified time;

             (2) Unless the sentence is reduced pursuant to NRS 484C.320:

                   (I) Sentence the person to imprisonment for not less than 2 days nor more than 6 months in jail or residential confinement for not less than 2 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive; or

                   (II) Order the person to perform not less than 48 hours, but not more than 96 hours, of community service;

             (3) Fine the person not less than $400 nor more than $1,000; and

             (4) If the person is found to have a concentration of alcohol of [0.18] 0.16 or more in his or her blood or breath, order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360.

      (b) For a second offense within 7 years, is guilty of a misdemeanor. Unless the sentence is reduced pursuant to NRS 484C.330, the court shall:

             (1) Sentence the person to:

                   (I) Imprisonment for not less than [10] 20 days nor more than 6 months in jail; or

                   (II) Residential confinement for not less than [10] 20 days nor more than 6 months, in the manner provided in NRS 4.376 to 4.3766, inclusive, or 5.0755 to 5.078, inclusive;

             (2) Fine the person not less than $750 nor more than $1,000, or order the person to perform an equivalent number of hours of community service; and

             (3) Order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360.

 


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Κ A person who willfully fails or refuses to complete successfully a term of residential confinement or a program of treatment ordered pursuant to this paragraph is guilty of a misdemeanor.

      (c) Except as otherwise provided in NRS 484C.340, for a third offense within 7 years, is guilty of a category B felony and the court:

             (1) Shall:

                   (I) Sentence the person to imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years; and

                   (II) Fine the person not less than $2,000 nor more than $5,000; and

             (2) May order the person to attend a program of treatment for an alcohol or other substance use disorder pursuant to the provisions of NRS 484C.360 if the results of an evaluation conducted pursuant to NRS 484C.300 indicate that the person has an alcohol or other substance use disorder and that the person can be treated successfully for his or her condition.

Κ An offender who is imprisoned pursuant to the provisions of this paragraph must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  An offense that occurred within 7 years immediately preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section:

      (a) When evidenced by a conviction; [or]

      (b) If the person is undergoing a program of treatment for an alcohol or other substance use disorder pursuant to NRS 484C.320, 484C.330 or 484C.340 as a result of the offense; or

      (c) If the offense is conditionally dismissed or the judgment of conviction is set aside pursuant to NRS 176A.240, 176A.260 or 176A.290 or dismissed in connection with successful completion of a diversionary program or specialty court program,

Κ without regard to the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of his or her sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

 


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      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560, 484C.410 or 485.330 must run consecutively.

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      6.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation must be excluded.

      7.  As used in this section, unless the context otherwise requires, “offense” means:

      (a) A violation of NRS 484C.110, 484C.120 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Sec. 13. NRS 484C.410 is hereby amended to read as follows:

      484C.410  1.  Unless a greater penalty is provided in NRS 484C.440, a person who [has] :

      (a) Has previously been convicted of:

      [(a)](1) A violation of NRS 484C.110 or 484C.120 that is punishable as a felony pursuant to paragraph (c) of subsection 1 of NRS 484C.400;

      [(b)](2) A violation of NRS 484C.430;

      [(c)](3) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430;

      [(d)](4) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in [paragraph (a), (b)] subparagraph (1), (2) or [(c);] (3); or

      [(e)](5) A violation of NRS 484C.110 or 484C.120 that is punishable pursuant to paragraph (c) of subsection 1 of NRS 484C.400 that was reduced from a felony pursuant to NRS 484C.340 [,] ; or

      (b) Is undergoing a program of treatment for an alcohol or other substance use disorder pursuant to NRS 484C.340,

Κ and who violates the provisions of NRS 484C.110 or 484C.120 is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 15 years, and shall be further punished by a fine of not less than $2,000 nor more than $5,000. An offender so imprisoned must, insofar as practicable, be segregated from offenders whose crimes were violent and, insofar as practicable, be assigned to an institution or facility of minimum security.

      2.  An offense which is listed in [paragraphs (a)] subparagraphs (1) to [(e),] (5), inclusive, of paragraph (a) of subsection 1 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard for the sequence of the offenses and convictions.

 


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a conviction, without regard for the sequence of the offenses and convictions. The facts concerning a prior offense must be alleged in the complaint, indictment or information, must not be read to the jury or proved at trial but must be proved at the time of sentencing and, if the principal offense is alleged to be a felony, must also be shown at the preliminary examination or presented to the grand jury.

      3.  A term of confinement imposed pursuant to the provisions of this section may be served intermittently at the discretion of the judge or justice of the peace, except that a person who is convicted of a second or subsequent offense within 7 years must be confined for at least one segment of not less than 48 consecutive hours. This discretion must be exercised after considering all the circumstances surrounding the offense, and the family and employment of the offender, but any sentence of 30 days or less must be served within 6 months after the date of conviction or, if the offender was sentenced pursuant to NRS 484C.320 or 484C.330 and the suspension of offender’s sentence was revoked, within 6 months after the date of revocation. Any time for which the offender is confined must consist of not less than 24 consecutive hours.

      4.  Jail sentences simultaneously imposed pursuant to this section and NRS 482.456, 483.560, 484C.400 or 485.330 must run consecutively.

      5.  If the defendant was transporting a person who is less than 15 years of age in the motor vehicle at the time of the violation, the court shall consider that fact as an aggravating factor in determining the sentence of the defendant.

      6.  For the purpose of determining whether one offense occurs within 7 years of another offense, any period of time between the two offenses during which, for any such offense, the offender is imprisoned, serving a term of residential confinement, placed under the supervision of a treatment provider, on parole or on probation must be excluded.

      7.  As used in this section, unless the context otherwise requires, “offense” means:

      (a) A violation of NRS 484C.110, 484C.120 or 484C.430;

      (b) A homicide resulting from driving or being in actual physical control of a vehicle while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130 or 484C.430; or

      (c) A violation of a law of any other jurisdiction that prohibits the same or similar conduct as set forth in paragraph (a) or (b).

      Secs. 14-37. (Deleted by amendment.)

      Sec. 38.  NRS 484C.040 is hereby repealed.

________

 


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CHAPTER 503, SB 317

Senate Bill No. 317–Senator Daly

 

CHAPTER 503

 

[Approved: June 10, 2025]

 

AN ACT relating to industrial insurance; revising certain requirements for an insurer or third-party administrator to maintain a physical office in this State; revising the circumstances under which the Administrator of the Division of Industrial Relations of the Department of Business and Industry may conduct certain inspections; revising provisions relating to the administration of certain claims; revising provisions relating to the calculation of certain premium costs; revising provisions relating to certain administrators; revising provisions relating to certain audits; revising provisions relating to certain subsequent injury accounts; authorizing the Administrator to adopt regulations relating to physician assistants; requiring the Administrator to adopt a certain formulary; revising provisions relating to an insurer’s list of certain physicians and chiropractic physicians; establishing and revising various requirements for certain hearings relating to industrial insurance claims; revising provisions governing an injury or disease that is caused by stress; revising provisions governing motions to stay certain decisions and petitions for judicial review; revising requirements for payments for a period of temporary partial disability; revising the circumstances under which the Administrator may impose certain administrative fines; repealing provisions governing certain appeals and certain determinations of a percentage of disability; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law provides for the payment of compensation under industrial insurance if, during the course of employment, an employee is injured or killed by a workplace accident or occupational disease. (Chapters 616A-617 of NRS) Existing law requires an insurer or its third-party administrator to operate or maintain a physical office in this State for certain purposes. (NRS 616B.021, 616B.027, 616B.500) Sections 4.1, 4.15 and 4.45 of this bill authorize a legal representative of the insurer or third-party administrator, as applicable, to operate or maintain such an office. Section 4.1 also requires the Administrator of the Division of Industrial Relations of the Department of Business and Industry to give notice before conducting certain inspections at the physical office of an insurer, third-party administrator or other legal representative. Section 4.15 also: (1) authorizes certain information to be provided as an electronic copy or in an electronic format upon request; and (2) revises certain requirements for availability to communicate with a claimant or representative of the claimant if a private carrier or third-party administrator operates an office in this State.

      Existing law authorizes certain persons to administer certain claims from a location in or outside of this State. (NRS 616B.0275) Section 4.17 of this bill additionally authorizes certain self-insured private employers and certain entities associated with the employer to administer certain claims from a location in or outside of this State if the total aggregate number of employees of the employer and associated entities is 30,000 or more.

      For purposes of calculating the amount of a premium which is due pursuant to the terms of a policy of industrial insurance, existing law provides that the maximum amount paid to any one employee for services provided during the 12-month period during which a policy is effective shall be deemed to be $36,000.

 


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during which a policy is effective shall be deemed to be $36,000. (NRS 616B.222) Section 4.2 of this bill eliminates the $36,000 amount for an employer other than the State of Nevada or any agency or political subdivision of the State and instead deems the maximum amount to be a calculation of the maximum average monthly wage using data computed by the Employment Security Division of the Department of Employment, Training and Rehabilitation. Section 4.2 authorizes the State or any agency or political subdivision of the State to elect to be subject to the calculation used by other employers, in accordance with any procedures established by the Administrator for the making of such an election.

      Existing law requires a third-party administrator for an association of self-insured employers to obtain a certificate as an administrator from the Commissioner of Insurance and to file with the Commissioner a surety bond for the benefit of any person damaged by any fraudulent act or conduct of the administrator. (NRS 616B.503, 683A.08524, 683A.0857) Existing law also requires the third-party administrator to file with the Commissioner an additional surety bond conditioned upon the faithful performance of its duties relative to a particular association of self-insured employers. (NRS 616B.353) Section 4.3 of this bill eliminates the requirement for a third-party administrator to file an additional surety bond relative to its duties to a particular association. Section 4.4 of this bill makes a conforming change to remove the procedure for terminating liability on the bond eliminated by section 4.3.

      Existing law requires the Commissioner, at least annually, to audit each association of self-insured public or private employers to verify certain information, including the standard industrial classification of each member of the association. (NRS 616B.410) Section 4.37 of this bill instead: (1) requires the Commissioner to require each association, at least annually, to audit the payroll of each member of the association to verify certain information including the classification or classifications, rather than the standard industrial classification, of each member; and (2) authorizes the Commissioner to require the submission of a report summarizing the results of such an audit. Section 4.33 of this bill similarly removes a reference to the standard industrial classification of a member of an association of self-insured public or private employers.

      Existing law establishes the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. (NRS 616B.575) Existing law requires money in the Account to be used to provide compensation or reimbursement in situations where an employee who has a preexisting permanent physical impairment incurs a subsequent disability by injury arising out of and in the course of employment which entitles the employee to compensation for the combined disability that is substantially greater than that which would have resulted from the subsequent injury alone. (NRS 616B.563-616B.581) Sections 4.6 and 4.7 of this bill require an employee to have incurred a subsequent disability by injury on or before September 30, 2025, in order for the compensation or reimbursement provisions to apply, thus prohibiting any claims against the Account because of a subsequent disability by injury which is incurred on or after October 1, 2025.

      Section 9.3 of this bill authorizes the Administrator to adopt regulations which authorize a treating physician or chiropractic physician, under certain circumstances, to delegate certain routine follow-up care of an injured employee to a physician assistant who is an employee of and under the supervision of the physician or chiropractic physician. Section 9.5 of this bill requires the Administrator to adopt the Official Disability Guidelines (ODG) Drug Formulary published by MCG Health, or its successor, that is required to be used by industrial insurers for any drug which is prescribed and dispensed for outpatient use. Section 9.7 of this bill: (1) prohibits an insurer, with certain exceptions, from providing reimbursement for a drug that is not listed and approved on the formulary, when use of the formulary is required; and (2) authorizes an injured employee to appeal to a hearings officer any determination denying a request for a drug which has been recommended as medically necessary. Section 15.5 of this bill makes a conforming change relating to existing requirements for prescribing generic drugs and determining if the generic drug would not be beneficial to the health of the injured employee.

 


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      Existing law requires an insurer to keep a list of physicians and chiropractic physicians from which an injured employee may choose to receive treatment from a panel established and maintained by the Administrator. Existing law also sets forth procedures and limitations governing the removal of a physician or chiropractic physician from an insurer’s list. (NRS 616C.087, 616C.090) Section 14 of this bill: (1) prohibits an insurer from removing a physician or chiropractic physician from the insurer’s list except as expressly provided in existing law; (2) requires an insurer, under certain circumstances, to replace any physician or chiropractic physician who is removed from the list within 60 days; (3) authorizes certain audits and revisions of the insurer’s list; and (4) revises certain filing requirements relating to the insurer’s list.

      Existing law provides that an injury or disease sustained by an employee that is caused by stress is compensable under industrial insurance if it arose out of and in the course of his or her employment. Existing law sets forth the manner by which such an injury must be proven to have arisen out of and in the course of the employment. Under existing law, with certain exceptions, such an injury is deemed to arise out of and in the course of employment only if the employee proves certain elements by clear and convincing medical or psychiatric evidence. (NRS 616C.180) Section 17 of this bill instead requires proof by clear and convincing medical, psychological or psychiatric evidence. Section 17 also requires an insurer to maintain and submit to the Administrator a list of certain providers of mental health care from which an injured employee may choose.

      Section 20 of this bill requires the Chief of the Hearings Division of the Department of Administration to maintain and make accessible to the public on the Internet website of the Division, a calendar of all matters which are before hearing officers and appeals officers.

      Sections 23 and 25 of this bill revise provisions governing the circumstances under which: (1) an appeals officer may grant a motion to stay the enforcement of the decision of a hearing officer; and (2) an appeals officer or district court may grant a motion to stay the enforcement of the decision of an appeals officer. Sections 24 and 32 of this bill revise certain procedures for the judicial review of the decision of an appeals officer.

      If a claim for a period of temporary total disability is allowed, existing law requires an industrial insurer to make the first payment within 14 working days after receipt of the initial certification of disability, and regularly thereafter. (NRS 616C.475) Section 27 of this bill requires, for a period of temporary partial disability, the first payment or a determination regarding payment to be issued within 14 working days after the insurer receives the claim.

      Existing law authorizes hearing officers and appeals officers, under certain circumstances, to allow discovery by deposition or interrogatories according to the Nevada Rules of Civil Procedure. (NRS 616D.050, 616D.090) Sections 28 and 29 of this bill prohibit a hearing officer from allowing such discovery, and revise provisions governing the circumstances under which an appeals officer may allow discovery. Section 30 of this bill revises provisions relating to administrative fines which the Administrator may impose for certain violations.

      Existing law sets forth certain procedures for appealing a final determination concerning accident benefits made by an organization for managed care. (NRS 616C.305) Existing law requires, for a determination of the percentage of disability resulting from occupational disease of the heart or lungs, that the determination be made jointly by the attending physician and examining physician of a claimant, or, under certain circumstances, a designated third physician or panel of physicians. (NRS 617.459) Section 34 of this bill repeals those procedures and requirements, and sections 15, 16, 18, 19, 21-23, 26 and 31 of this bill make conforming changes to remove references to those procedures and requirements from existing law. Existing law requires the Administrator, at least every 5 years, to audit all insurers who provide benefits to injured employees, including associations of self-insured employers. (NRS 616A.270, 616B.003)

 


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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Sections 1-4. (Deleted by amendment.)

      Sec. 4.1. NRS 616B.021 is hereby amended to read as follows:

      616B.021  1.  An insurer shall make the files of claims available for inspection and reproduction:

      (a) At an office operated by the insurer , [or] its third-party administrator or a legal representative of the insurer or third-party administrator located in this State [;] , upon notice from the Administrator not less than 1 business day before the date of the inspection; or

      (b) By electronic means.

      2.  The physical records in a file concerning a claim filed in this State may be kept at a location outside this State if all records in the file are made available for inspection and reproduction at an office operated by the insurer , [or] its third-party administrator or a legal representative of the insurer or third-party administrator that is located in this State or by computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original. If a claim filed in this State is open, the records in the file must be reproduced and available for inspection during regular business hours within 24 hours after requested by the employee or the employee’s designated agent, the employer or the employer’s designated agent, or the Administrator or the Administrator’s designated agent. If a claim filed in this State is closed, the records in the file must be reproduced and available for inspection during regular business hours within 14 days after requested by such persons.

      3.  Upon request, the insurer shall make copies or other reproductions of anything in the file and may charge a reasonable fee for this service. Copies or other reproductions of materials in the file which are requested by the Administrator or the Administrator’s designated agent, or the Nevada Attorney for Injured Workers or his or her designated agent must be provided free of charge.

      4.  The Administrator may adopt regulations concerning the:

      (a) Maintenance of records in a file on claims that are open or closed; and

      (b) Preservation, examination and use of records which have been stored on computer or in a microphotographic, electronic or similar format by an insurer.

      5.  This section does not require an insurer to allow inspection or reproduction of material regarding which a legal privilege against disclosure has been conferred.

      Sec. 4.15. NRS 616B.027 is hereby amended to read as follows:

      616B.027  1.  Every insurer shall:

      (a) Provide an office in this State operated by the insurer , [or] its third-party administrator or a legal representative of the insurer or third-party administrator in which:

 


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             (1) A complete file, or a reproduction of the complete file, of each claim is accessible, in accordance with the provisions of NRS 616B.021;

             (2) Persons authorized to act for the insurer and, if necessary, licensed pursuant to chapter 683A of NRS, may receive information related to a claim and provide the services to an employer and [his or her] the employees of the employer required by chapters 616A to 617, inclusive, of NRS; and

             (3) An employee , a representative of an employee or his or her employer, upon request, is provided with information related to a claim filed by the employee or a copy or other reproduction of the information from the file for that claim, in accordance with the provisions of NRS 616B.021. Any information which is provided pursuant to this subparagraph may be provided as an electronic copy or in an electronic format that produces an accurate reproduction of the original.

      (b) Provide statewide toll-free telephone service to the office maintained pursuant to paragraph (a).

      2.  Each private carrier shall provide:

      (a) Adequate services to its insured employers in controlling losses; and

      (b) Adequate information on the prevention of industrial accidents and occupational diseases.

      3.  [An] Except as otherwise provided in subsection 4, an employee of a private carrier who is licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a private carrier who administers a claim arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location outside of this State pursuant to subsection 1 of NRS 616B.0275 shall [make himself or herself] be available to communicate live and in real time with the claimant or a representative of the claimant Monday through Friday, 9 a.m. to 5 p.m. local time in this State, excluding any day declared to be a legal holiday pursuant to NRS 236.015.

      4.  The provisions of subsection 3 do not apply to an employee of a private carrier described in subsection 3 or a person who acts as a third-party administrator for a private carrier described in subsection 3 if the private carrier or third-party administrator, as applicable, operates an office in this State.

      Sec. 4.17. NRS 616B.0275 is hereby amended to read as follows:

      616B.0275  1.  An employee of a private carrier who is licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a private carrier may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location in or outside of this State. All records concerning a claim administered pursuant to this subsection must be maintained at one or more offices located in this State or by computer in a microphotographic, electronic or other similar format that produces an accurate reproduction of the original.

      2.  [An] Except as otherwise provided in subsection 3, an employee of a private carrier who is not licensed as a company adjuster pursuant to chapter 684A of NRS or a person who acts as a third-party administrator pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for a self-insured employer or an association of self-insured public or private employers may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS only from one or more offices located in this State.

 


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self-insured employer or an association of self-insured public or private employers may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS only from one or more offices located in this State. [All records concerning a claim administered pursuant to this subsection must be maintained in those offices.]

      3.  A self-insured private employer or its parent, a subsidiary of its parent or an affiliate of the self-insured private employer may administer claims arising under chapters 616A to 616D, inclusive, or chapter 617 of NRS from a location in or outside of this State if the total aggregate number of employees of the self-insured private employer, its parent, any subsidiary of its parent and any affiliate of the employer employed in this State is 30,000 or more, as reported to the Department of Employment, Training and Rehabilitation for the most recent calendar quarter.

      4.  The Commissioner may:

      (a) Under exceptional circumstances, waive the requirements of subsections 1 , 2 and [2;] 3; and

      (b) Adopt regulations to carry out the provisions of this section.

      5.  As used in this section, “affiliate” has the meaning ascribed to it in NRS 78.412.

      Sec. 4.2. NRS 616B.222 is hereby amended to read as follows:

      616B.222  1.  To determine the total amount paid to employees for services performed, the maximum amount paid to any one employee during a policy year shall be deemed to be :

      (a) Except as otherwise provided in subsection 2, for an employee who is employed by the State of Nevada or any agency or political subdivision of the State, $36,000.

      (b) For an employee other than an employee described in paragraph (a), an amount equal to 12 times the maximum average monthly wage. On or before January 1 of each year, the Administrator shall establish the amount of the maximum average monthly wage to take effect on January 1 of that year.

      2.  The State of Nevada or any agency or political subdivision of the State may elect to be subject to the provisions of paragraph (b) of subsection 1 in accordance with any procedures that may be established by the Administrator for the making of such an election.

      3.  As used in this section, “maximum average monthly wage” means 150 percent of the state average weekly wage as most recently computed by the Employment Security Division of the Department of Employment, Training and Rehabilitation, multiplied by 4.33.

      Sec. 4.3. NRS 616B.353 is hereby amended to read as follows:

      616B.353  1.  An association of self-insured public or private employers shall:

      (a) Execute an indemnity agreement jointly and severally binding the association and each member of the association to secure the payment of all compensation due pursuant to chapters 616A to 617, inclusive, of NRS. The indemnity agreement must be in a form prescribed by the Commissioner. An association may add provisions to the indemnity agreement if they are first approved by the Commissioner.

 


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      (b) Except as otherwise provided in this subsection, maintain a policy of specific and aggregate excess insurance in a form and amount required by the Commissioner. The excess insurance must be written by an insurer approved by the Commissioner. To determine the amount of excess insurance required, the Commissioner shall consider:

             (1) The number of members in the association;

             (2) If the association is an association of self-insured public employers, the types of governmental services provided by the members of the association;

             (3) If the association is an association of self-insured private employers, the classifications of employment of the members of the association;

             (4) The number of years the association has been in existence; and

             (5) Such other information as the Commissioner deems necessary.

Κ Nothing in this paragraph prohibits an association from purchasing secondary excess insurance in addition to the excess insurance required by this paragraph.

      (c) Collect an annual assessment from each member of the association in an aggregate amount of at least $250,000 or in an aggregate amount which the Commissioner determines is satisfactory based on an annual review conducted by the Commissioner of the actuarial solvency of the association.

      (d) Except as otherwise provided in paragraph (e), deposit as security with the Commissioner a bond executed by the association as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the payment of compensation for injuries and occupational diseases to their employees. The bond must be in an amount determined by the Commissioner to be reasonably sufficient to ensure payment of such compensation, but in no event may it be less than $100,000.

      (e) In lieu of a bond, deposit with the Commissioner a like amount of lawful money of the United States or any other form of security authorized by NRS 100.065. If security is provided in the form of a savings certificate, certificate of deposit or investment certificate, the certificate must state that the amount is unavailable for withdrawal except upon order of the Commissioner.

      2.  Except as otherwise provided in subsection 3, in addition to complying with the requirements of subsection 1, an association of self-insured private employers shall:

      (a) At the time of initial qualification and until the association has operated successfully as a qualified association of self-insured private employers for 3 years, as determined by the Commissioner, have a combined tangible net worth of all members in the association of at least $2,500,000, as evidenced by a statement of tangible net worth provided to the Division of Insurance of the Department of Business and Industry by an independent certified public accountant; or

      (b) After 3 years of successful operation as a qualified association of self-insured private employers, as determined by the Commissioner, have combined net cash flows from operating activities plus net cash flows from financing activities of all members in the association of five times the average of claims paid for each of the last 3 years or $7,500,000, whichever is less.

 


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      3.  In lieu of complying with the requirements of subsection 2, the association’s administrator shall ensure that a solvency bond, in a form prescribed by the Commissioner and in an aggregate amount of at least $2,500,000, is deposited with the Commissioner by the association or members of the association on behalf of the association.

      4.  The association’s administrator shall deposit with the Commissioner a bond executed by the association’s administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of his or her duties. The bond must be in an amount determined by the Commissioner.

      5.  [Any third-party administrator providing claims services for the association shall deposit with the Commissioner a bond executed by the third-party administrator as principal, and by a licensed surety, payable to the State of Nevada, and conditioned upon the faithful performance of its duties. The bond must be in an amount determined by the Commissioner.

      6.]  The Commissioner may increase or decrease the amount of any bond or money required to be deposited by this section in accordance with chapter 681B of NRS and the Commissioner’s regulations for loss reserves in casualty insurance. If the Commissioner requires an association [,] or association’s administrator [or third-party administrator] to increase its deposit, the Commissioner may specify the form of the additional security. The association [,] or association’s administrator [or third-party administrator] shall comply with such a requirement within 60 days after receiving notice from the Commissioner.

      [7.] 6.  The Account for Associations of Self-Insured Public and Private Employers is hereby created in the State Agency Fund for Bonds. All money received by the Commissioner pursuant to this section must be deposited with the State Treasurer to the credit of the Account. All claims against this Account must be paid as other claims against the State are paid.

      7.  Nothing in the provisions of this section affects the obligation of a third-party administrator to comply with the requirements of NRS 683A.0857.

      Sec. 4.33. NRS 616B.407 is hereby amended to read as follows:

      616B.407  1.  Except as otherwise provided in subsection 2, the annual assessment required to be paid by each member of an association of self-insured public or private employers must be:

      (a) Calculated by a rate service organization that is licensed pursuant to chapter 686B of NRS; and

      (b) Based on the premium rate for the [standard industrial] classification of that member, adjusted by the member’s individual experience.

Κ If approved by the Commissioner, payments of assessments may be reduced by an amount based on the association’s level of expenses and loss experience.

      2.  If approved by the Commissioner, an association may calculate the annual assessment required to be paid by each member of the association. An assessment calculated by the association must be based on at least 5 years of the member’s individual experience.

 


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      Sec. 4.37. NRS 616B.410 is hereby amended to read as follows:

      616B.410  1.  The Commissioner shall [cause to be conducted at least annually an audit of] require each association of self-insured public or private employers to audit the payroll of each member of the association not less than annually in order to verify:

      (a) The [standard industrial] classification or classifications of each member of the association;

      (b) [The individual experience of each member of the association;

      (c)] The payroll of each member of the association; and

      [(d)] (c) The assessment required to be paid by each member of the association.

      2.  [The audit required by this section must be conducted by an auditor approved by the Commissioner.

      3.  A] The Commissioner may require the association to submit a report which summarizes the results of the audit [must be filed with the Commissioner] in a form required by the Commissioner.

      [4.  The association or any member of the association may request a hearing before the Commissioner to object to any standard industrial classification assigned to a member of the association as a result of the audit. If the Commissioner determines that the assessment required to be paid by any member of the association is:

      (a) Insufficient because of the standard industrial classification assigned to the member, the Commissioner shall order the association to collect from that member any amount required to recover the deficiency.

      (b) Excessive because of the standard industrial classification assigned to the member, the Commissioner shall order the association to pay to the member the excess amount collected.

      5.] 3.  The expenses of any audit conducted pursuant to this section must be paid by the association.

      Sec. 4.4. NRS 616B.440 is hereby amended to read as follows:

      616B.440  1.  For the purposes of NRS 616B.350 to 616B.446, inclusive, an association of self-insured public or private employers is insolvent if it is unable to pay its outstanding obligations as they mature in the regular course of its business.

      2.  If an association of self-insured public or private employers becomes insolvent, institutes any voluntary proceeding pursuant to the Bankruptcy Act or is named in any voluntary proceeding thereunder, makes a general or special assignment for the benefit of creditors or fails to pay compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS after an order for the payment of any claim becomes final, the Commissioner may, after giving at least 10 days’ notice to the association and any insurer or guarantor, use money or interest on securities, sell securities or institute legal proceedings on surety bonds deposited with the Commissioner pursuant to NRS 679B.175 to the extent necessary to make those payments.

      3.  A licensed surety providing a surety bond pursuant to NRS 616B.353 may terminate liability on its surety bond by giving the Commissioner and the association [,] or association’s administrator [or third-party administrator] 90 days’ written notice. The termination does not limit liability that was incurred under the surety bond before the termination.

 


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      Sec. 4.45. NRS 616B.500 is hereby amended to read as follows:

      616B.500  1.  An insurer may enter into a contract to have his or her plan of insurance administered by a third-party administrator.

      2.  An insurer shall not enter into a contract with any person for the administration of any part of the plan of insurance unless that person [maintains an office in this State and] has a certificate issued by the Commissioner pursuant to NRS 683A.08524 [.] and the person, or a legal representative of the person, maintains an office in this State.

      Sec. 4.5. NRS 616B.575 is hereby amended to read as follows:

      616B.575  1.  There is hereby created in the Fund for Workers’ Compensation and Safety in the State Treasury the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, which may be used only to make payments in accordance with the provisions of NRS 616B.578 and 616B.581. The Board shall administer the Account based upon recommendations made by the Administrator pursuant to subsection 8.

      2.  All assessments, penalties, bonds, securities and all other properties received, collected or acquired by the Board for the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers must be delivered to the custody of the State Treasurer.

      3.  All money and securities in the Account must be held by the State Treasurer as custodian thereof to be used solely for workers’ compensation for employees of members of Associations of Self-Insured Public or Private Employers.

      4.  The State Treasurer [may] shall disburse money from the Account [only upon] within 14 days after receiving a written order of the Board.

      5.  The State Treasurer shall invest money of the Account in the same manner and in the same securities in which the State Treasurer is authorized to invest State General Funds which are in the custody of the State Treasurer. Income realized from the investment of the assets of the Account must be credited to the Account.

      6.  The Board shall adopt regulations for the establishment and administration of assessment rates, payments and penalties. Assessment rates must result in an equitable distribution of costs among the associations of self-insured public or private employers and must be based upon expected annual expenditures for claims for payments from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers.

      7.  The Commissioner shall assign an actuary to review the establishment of assessment rates. The rates must be filed with the Commissioner 30 days before their effective date. Any association of self-insured public or private employers that wishes to appeal the rate so filed must do so pursuant to NRS 679B.310.

      8.  The Administrator shall:

      (a) Evaluate any claim submitted to the Board for payment or reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers and , not later than 30 days after receiving the claim, recommend to the Board any appropriate action to be taken concerning the claim; and

      (b) Submit to the Board any other recommendations relating to the Account.

 


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      Sec. 4.6. NRS 616B.578 is hereby amended to read as follows:

      616B.578  Except as otherwise provided in NRS 616B.581:

      1.  If an employee of a member of an association of self-insured public or private employers has a permanent physical impairment from any cause or origin and incurs , on or before September 30, 2025, a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board.

      2.  If the subsequent injury of such an employee incurred on or before September 30, 2025, results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, the compensation due must be charged to the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers in accordance with regulations adopted by the Board.

      3.  As used in this section, “permanent physical impairment” means any permanent condition, whether congenital or caused by injury or disease, of such seriousness as to constitute a hindrance or obstacle to obtaining employment or to obtaining reemployment if the employee is unemployed. For the purposes of this section, a condition is not a “permanent physical impairment” unless it would support a rating of permanent impairment of 6 percent or more of the whole person if evaluated according to the American Medical Association’s Guides to the Evaluation of Permanent Impairment as adopted and supplemented by the Division pursuant to NRS 616C.110.

      4.  To qualify under this section for reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers, the association of self-insured public or private employers must establish by written records that the employer had knowledge of the “permanent physical impairment” at the time the employee was hired or that the employee was retained in employment after the employer acquired such knowledge.

      5.  An association of self-insured public or private employers must submit to the Board a claim for reimbursement from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers.

      6.  The Board shall adopt regulations establishing procedures for submitting claims against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers. The Board shall notify the Association of Self-Insured Public or Private Employers of its decision on such a claim within 120 days after the claim is received.

      7.  An appeal of any decision made concerning a claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers must be submitted directly to the district court.

      Sec. 4.7. NRS 616B.581 is hereby amended to read as follows:

      616B.581  1.  An association of self-insured public or private employers that pays compensation due to an employee who has a permanent physical impairment from any cause or origin and incurs , on or before September 30, 2025, a subsequent disability by injury arising out of and in the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers if:

 


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the course of his or her employment which entitles the employee to compensation for disability that is substantially greater by reason of the combined effects of the preexisting impairment and the subsequent injury than that which would have resulted from the subsequent injury alone is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers if:

      (a) The employee knowingly made a false representation as to his or her physical condition at the time the employee was hired by the member of the Association of Self-Insured Public or Private Employers;

      (b) The employer relied upon the false representation and this reliance formed a substantial basis of the employment; and

      (c) A causal connection existed between the false representation and the subsequent disability.

Κ If the subsequent injury of the employee incurred on or before September 30, 2025, results in his or her death and it is determined that the death would not have occurred except for the preexisting permanent physical impairment, any compensation paid is entitled to be reimbursed from the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers.

      2.  An association of self-insured public or private employers shall notify the Board of any possible claim against the Subsequent Injury Account for Associations of Self-Insured Public or Private Employers pursuant to this section no later than 60 days after the date of the subsequent injury or the date the employer learns of the employee’s false representation, whichever is later.

      Sec. 5. Chapter 616C of NRS is hereby amended by adding thereto the provisions set forth as sections 6 to 9.7, inclusive, of this act.

      Secs. 6-9.  (Deleted by amendment.)

      Sec. 9.3. The Administrator may adopt regulations which authorize a treating physician or chiropractic physician to delegate certain routine follow-up care of an injured employee, as determined by the Administrator, to a physician assistant who is an employee of and under the supervision of the physician or chiropractic physician. The regulations must:

      1.  Require informed consent from the injured employee before the delegation and provision of any such follow-up care; and

      2.  Be consistent with accepted standards of practice for a physician assistant in accordance with chapters 630 and 633 of NRS and the regulations adopted pursuant thereto.

      Sec. 9.5. 1.  The Administrator shall adopt the Official Disability Guidelines (ODG) Drug Formulary published by MCG Health, or its successor, as the formulary to be used by insurers in connection with claims made pursuant to chapters 616A to 616D, inclusive, of NRS.

      2.  An insurer shall use the formulary adopted pursuant to subsection 1 for any drug that is prescribed or dispensed to an injured employee for outpatient services in connection with a claim made pursuant to chapters 616A to 617, inclusive, of NRS. An insurer is not required to use the formulary for prescription drugs that are prescribed or dispensed for emergency medical services or inpatient services.

      3.  As soon as practicable after the Administrator adopts the formulary pursuant to subsection 1, the Administrator must make available and update as necessary, on an Internet website maintained by the Administrator and accessible to the public, current information relating to the formulary adopted pursuant to subsection 1.

 


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update as necessary, on an Internet website maintained by the Administrator and accessible to the public, current information relating to the formulary adopted pursuant to subsection 1.

      Sec. 9.7. 1.  Except as otherwise provided in this section, if an insurer, pursuant to subsection 2 of section 9.5 of this act, is required to use the formulary adopted pursuant to that section, the insurer shall not provide reimbursement for any drug if the drug is listed but not approved, or omitted from, the formulary.

      2.  An insurer described in subsection 1 may provide reimbursement for a drug that is listed but not approved, or omitted from, the formulary if the insurer has elected to approve the drug in accordance with procedures established by the insurer and in compliance with any applicable requirements that may be established by the Administrator.

      3.  If a physician or chiropractic physician believes the drug is medically necessary for an injured employee, the physician or chiropractic physician may submit a request to an insurer described in subsection 1 for authorization to prescribe to the injured employee a drug which is listed but not approved, or omitted from, the formulary adopted pursuant to section 9.5 of this act and which has not been approved by the insurer pursuant to subsection 2. If the insurer approves the request, the insurer may provide reimbursement for the drug.

      4.  If the insurer denies the request of a physician or chiropractic physician pursuant to subsection 3, the injured employee or his or her representative may appeal the determination of the insurer to a hearings officer in the manner provided by NRS 616C.315.

      Secs. 10-13. (Deleted by amendment.)

      Sec. 14. NRS 616C.087 is hereby amended to read as follows:

      616C.087  1.  The Legislature hereby declares that:

      (a) The choice of a treating physician or chiropractic physician is a substantive right and substantive benefit of an injured employee who has a claim under the Nevada Industrial Insurance Act or the Nevada Occupational Diseases Act.

      (b) The injured employees of this State have a substantive right to an adequate choice of physicians and chiropractic physicians to treat their industrial injuries and occupational diseases.

      2.  Except as otherwise provided in this subsection and subsections 3 and 4:

      (a) The panel maintained by the Administrator pursuant to NRS 616C.090 must not include a physician or chiropractic physician in a discipline or specialization if the physician or chiropractic physician does not accept and treat injured employees for industrial injuries or occupational diseases in that discipline or specialization; and

      (b) An insurer’s list of physicians and chiropractic physicians from which an injured employee may choose pursuant to NRS 616C.090 must include not less than 12 physicians or chiropractic physicians, as applicable, in each of the following disciplines and specializations, without limitation, from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090:

             (1) Orthopedic surgery on spines;

             (2) Orthopedic surgery on shoulders;

             (3) Orthopedic surgery on elbows;

 


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             (4) Orthopedic surgery on wrists;

             (5) Orthopedic surgery on hands;

             (6) Orthopedic surgery on hips;

             (7) Orthopedic surgery on knees;

             (8) Orthopedic surgery on ankles;

             (9) Orthopedic surgery on feet;

             (10) Neurosurgery;

             (11) [Neurology;

             (12)] Cardiology;

             [(13)] (12) Pulmonology;

             [(14) Psychiatry;

             (15)] (13) Pain management;

             [(16)] (14) Occupational medicine;

             [(17)] (15) Physiatry or physical medicine;

             [(18) General practice or family medicine;] and

             [(19)] (16) Chiropractic medicine.

Κ If the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 12 physicians or chiropractic physicians, as applicable, for a discipline or specialization specifically identified in this subsection, all of the physicians or chiropractic physicians, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list. The insurer shall ensure that any physician or chiropractic physician on the insurer’s list accepts and treats patients in the discipline or specialization for which the physician or chiropractic physician is listed.

      3.  For any other discipline or specialization not specifically identified in subsection 2, the insurer’s list must include not fewer than 8 physicians or chiropractic physicians, as applicable, unless the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 contains fewer than 8 physicians or chiropractic physicians, as applicable, for that discipline or specialization, in which case all of the physicians or chiropractic physicians, as applicable, on the panel for that discipline or specialization must be included on the insurer’s list. The insurer shall ensure that any physician or chiropractic physician on the insurer’s list accepts and treats patients in the discipline or specialization for which the physician or chiropractic physician is listed.

      4.  For each county whose population is 100,000 or more, an insurer’s list of physicians and chiropractic physicians must include for that county a number of physicians and chiropractic physicians, as applicable, that is not less than the number required pursuant to subsections 2 and 3 and that also maintain in that county:

      (a) An active practice; and

      (b) A physical office.

      5.  If an insurer fails to maintain a list of physicians and chiropractic physicians that complies with the requirements of subsections 2, 3 and 4, including the requirement that each physician or chiropractic physician on the list accepts and treats patients in the discipline or specialization for which the physician or chiropractic physician is listed, an injured employee may choose a physician or chiropractic physician from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090. If a physician or chiropractic physician is removed from an insurer’s list pursuant to subsection 9 or 10, within 60 days after the date of removal the insurer shall replace the physician or chiropractic physician on the list as may be required to maintain compliance with the requirements of subsections 2, 3 and 4.

 


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removed from an insurer’s list pursuant to subsection 9 or 10, within 60 days after the date of removal the insurer shall replace the physician or chiropractic physician on the list as may be required to maintain compliance with the requirements of subsections 2, 3 and 4. If the insurer fails to do so, an injured employee may choose a physician or chiropractic physician from the panel maintained by the Administrator pursuant to NRS 616C.090.

      6.  [Each] Except as otherwise provided in this subsection, each insurer shall, [not later than October 1] on or after September 1 and on or before October 1 of each year, update the list of physicians and chiropractic physicians and file the list with the Administrator [.] in accordance with the provisions of subsection 12. The list must be certified by an adjuster who is licensed pursuant to chapter 684A of NRS. An insurer may update the list at additional times during the year for the purpose of adding a physician or chiropractic physician. An insurer shall not at any time remove any physician or chiropractic physician from the insurer’s list except as expressly permitted by subsection 9 or 10. A third-party administrator may file a single list on behalf of more than one insurer for which the administrator provides services, if the list expressly indicates each insurer to which the list applies. Nothing in this section shall be construed to prohibit an insurer from updating at any time the contact information for or other basic information which is directly related to a physician or chiropractic physician on the insurer’s list.

      7.  Upon receipt of a list of physicians and chiropractic physicians that is filed pursuant to subsection 6 [,] or a list of providers of mental health care that is submitted pursuant to NRS 616C.180, the Administrator shall:

      (a) Stamp the list as having been filed; and

      (b) Indicate on the list the date on which it was filed.

      8.  The Administrator shall:

      (a) Provide a copy of an insurer’s list of physicians and chiropractic physicians , and providers of mental health care pursuant to NRS 616C.180, to any member of the public who requests a copy; or

      (b) Post [a] an exact copy , in an unaltered condition of each insurer’s list of physicians and chiropractic physicians , and providers of mental health care pursuant to NRS 616C.180, on an Internet website maintained by the Administrator and accessible to the public for viewing, printing or downloading.

      9.  At any time, a physician or chiropractic physician may request in writing that he or she be removed from an insurer’s list of physicians and chiropractic physicians. The insurer must comply with the request and omit the physician or chiropractic physician from the next list which the insurer files with the Administrator. If a physician or chiropractic physician chooses to cancel a contract between the physician or chiropractic physician and the insurer, employer or third-party administrator, the insurer may omit the physician or chiropractic physician from the next list which the insurer files with the Administrator.

      10.  A physician or chiropractic physician may not be involuntarily removed from an insurer’s list of physicians and chiropractic physicians except [for] :

 


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      (a) For good cause. As used in this [subsection,] paragraph, “good cause” means that one or more of the following circumstances apply:

      [(a)] (1) The physician or chiropractic physician has died or is disabled.

      [(b)] (2) The license of the physician or chiropractic physician has been revoked or suspended.

      [(c)] (3) The physician or chiropractic physician has been convicted of:

             [(1)] (I) A felony; or

             [(2)] (II) A crime for a violation of a provision of chapter 616D of NRS.

      [(d)] (4) The physician or chiropractic physician has been removed from the panel of physicians and chiropractic physicians maintained by the Administrator pursuant to NRS 616C.090 by the Administrator upon a finding that the physician or chiropractic physician:

             [(1)] (I) Has failed to comply with the standards for treatment of industrial injuries or occupational diseases as established by the Administrator; or

             [(2)] (II) Does not accept and treat injured employees under chapters 616A to 616D, inclusive, or chapter 617 of NRS.

      (b) Beginning on September 1, 2026, and every 3 calendar years thereafter, the insurer may audit the insurer’s list, including, without limitation, for compliance with subsections 2, 3 and 4, and may remove any physician or chiropractic physician of the insurer’s choosing from the list which the insurer is required to file not later than October 1 of that year pursuant to subsection 6.

      11.  Unless a physician or chiropractic physician, as applicable, is removed from an insurer’s list of physicians and chiropractic physicians pursuant to subsection 10, an injured employee may continue to receive treatment from that physician or chiropractic physician even if:

      (a) The employer of the injured employee changes insurers or administrators.

      (b) The physician or chiropractic physician is no longer included in the applicable insurer’s list of physicians and chiropractic physicians, provided that the physician or chiropractic physician agrees to continue to accept compensation for that treatment at the rates which:

             (1) Were previously agreed upon when the physician or chiropractic physician was most recently included in the list; or

             (2) Are newly negotiated but do not exceed the amounts provided under the fee schedule adopted by the Administrator.

      12.  The Administrator shall adopt regulations prescribing [the form] a uniform format in which a list of physicians and chiropractic physicians created by an employer, insurer or third-party administrator pursuant to this section must be maintained [.] , which must be uniformly applicable to any person who creates such a list. The Administrator shall require that any such list be in a format which is easily searchable, including, without limitation, an indexed database, a portable document format, a spreadsheet with data that may be filtered, a comma-separated values file or any other comparable format. The Administrator shall not require submission of such a list through any specific proprietary software platform or particular electronic system. Submission of a list to the Administrator in the format determined by the Administrator shall be deemed to satisfy the requirements of subsection 6 to file such a list. Nothing in this subsection:

 


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      (a) Imposes any duty on the Administrator in receiving such a list other than those administrative duties described in subsections 7 and 8.

      (b) Prohibits the Administrator from uploading any information contained in such a list received by the Administrator to a specific proprietary software platform or particular electronic system.

      Sec. 15. NRS 616C.110 is hereby amended to read as follows:

      616C.110  1.  For the purposes of NRS 616B.557, 616B.578, 616B.587 [,] and 616C.490 , [and 617.459,] not later than August 1, 2003, the Division shall adopt regulations incorporating the American Medical Association’s Guides to the Evaluation of Permanent Impairment, Fifth Edition, by reference. The regulations:

      (a) Must provide that the American Medical Association’s Guides to the Evaluation of Permanent Impairment, Fifth Edition, must be applied to all examinations; and

      (b) Must be applied to all examinations for a permanent partial disability that are conducted on or after the effective date of the regulations, regardless of the date of injury.

      2.  After adopting the regulations required pursuant to subsection 1, the Division may amend those regulations as it deems necessary, except that the amendments to those regulations:

      (a) Must be consistent with the Fifth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment;

      (b) Must not incorporate any contradictory matter from any other edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment; and

      (c) Must not consider any factors other than the degree of physical impairment of the whole person in calculating the entitlement to compensation.

      3.  If the Fifth Edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment contains more than one method of determining the rating of an impairment, the Administrator shall designate by regulation the method from that edition which must be used to rate an impairment pursuant to NRS 616C.490.

      Sec. 15.5. NRS 616C.115 is hereby amended to read as follows:

      616C.115  1.  Except as otherwise provided in subsection 2 [,] and sections 9.5 and 9.7 of this act, a physician or advanced practice registered nurse shall prescribe for an injured employee a generic drug in lieu of a drug with a brand name if the generic drug is biologically equivalent and has the same active ingredient or ingredients of the same strength, quantity and form of dosage as the drug with a brand name.

      2.  [A] Except as otherwise provided in sections 9.5 and 9.7 of this act, a physician or advanced practice registered nurse is not required to comply with the provisions of subsection 1 if:

      (a) The physician or advanced practice registered nurse determines that the generic drug would not be beneficial to the health of the injured employee; or

      (b) The generic drug is higher in cost than the drug with a brand name.

      Sec. 16. NRS 616C.137 is hereby amended to read as follows:

      616C.137  1.  If an insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 denies payment for some or all of the services itemized on a statement submitted by a provider of health care on the sole basis that those services were not related to the employee’s industrial injury or occupational disease, the insurer, organization for managed care or employer shall, at the same time that it sends notification to the provider of health care of the denial, send a copy of the statement to the injured employee and notify the injured employee that it has denied payment.

 


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statement submitted by a provider of health care on the sole basis that those services were not related to the employee’s industrial injury or occupational disease, the insurer, organization for managed care or employer shall, at the same time that it sends notification to the provider of health care of the denial, send a copy of the statement to the injured employee and notify the injured employee that it has denied payment. The notification sent to the injured employee must:

      (a) State the relevant amount requested as payment in the statement, that the reason for denying payment is that the services were not related to the industrial injury or occupational disease and that, pursuant to subsection 2, the injured employee will be responsible for payment of the relevant amount if the injured employee does not, in a timely manner, appeal the denial pursuant to NRS [616C.305 and] 616C.315 to 616C.385, inclusive, or appeals but is not successful.

      (b) Include an explanation of the injured employee’s right to request a hearing to appeal the denial pursuant to NRS [616C.305 and] 616C.315 to 616C.385, inclusive, and a suitable form for requesting a hearing to appeal the denial.

      2.  An injured employee who does not, in a timely manner, appeal the denial of payment for the services rendered or who appeals the denial but is not successful is responsible for payment of the relevant charges on the itemized statement.

      3.  To succeed on appeal, the injured employee must show that the:

      (a) Services provided were related to the employee’s industrial injury or occupational disease; or

      (b) Insurer, organization for managed care or employer who provides accident benefits for injured employees pursuant to NRS 616C.265 gave prior authorization for the services rendered and did not withdraw that prior authorization before the services of the provider of health care were rendered.

      Sec. 17. NRS 616C.180 is hereby amended to read as follows:

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

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

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

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

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

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

 


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      4.  An injury or disease caused by stress shall be deemed to arise out of and in the course of employment if the employee is a first responder and proves by clear and convincing medical , psychological or psychiatric evidence that:

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

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

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

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

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

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

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

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

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

      8.  For the purposes of any claim arising out of this section:

      (a) An insurer shall maintain a list of providers of mental health care who have agreed to accept and treat injured employees pursuant to this section, from which an injured employee has the right to choose a mental health care provider of his or her choice.

      (b) For each county whose population is 100,000 or more, the list maintained pursuant to paragraph (a) must include not less than 12 providers of mental health care.

      (c) Each insurer shall, on or after September 1 and on or before October 1 of each year, update the list maintained pursuant to paragraph (a) and submit the list to the Administrator.

      (d) If the list maintained pursuant to paragraph (a) contains a provider of mental health care that does not accept and treat patients pursuant to this section, an injured employee may choose any provider of mental health care who agrees to accept the schedule of fees and charges established pursuant to NRS 616C.260.

      [8.]9.  As used in this section:

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

      (b) “First responder” means:

             (1) A salaried or volunteer firefighter;

             (2) A police officer;

 


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

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

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

      (d) “Provider of mental health care” means a psychiatrist, a licensed psychologist, a licensed clinical professional counselor or a licensed marriage and family therapist.

      Sec. 18. NRS 616C.220 is hereby amended to read as follows:

      616C.220  1.  The Division shall designate one:

      (a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or

      (b) Insurer, other than a self-insured employer or association of self-insured public or private employers,

Κ to administer claims against the Uninsured Employers’ Claim Account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator.

      2.  Except as otherwise provided in this subsection, an employee may receive compensation from the Uninsured Employers’ Claim Account if:

      (a) The employee was hired in this State or is regularly employed in this State;

      (b) The employee suffers an accident or injury which arises out of and in the course of his or her employment:

             (1) In this State; or

             (2) While on temporary assignment outside the State for not more than 12 months;

      (c) The employee files a claim for compensation with the Division; and

      (d) The employee makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the injured employee pursuant to NRS 616C.215.

Κ An employee who suffers an accident or injury while on temporary assignment outside the State is not eligible to receive compensation from the Uninsured Employers’ Claim Account unless the employee has been denied workers’ compensation in the state in which the accident or injury occurred.

      3.  If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim.

      4.  For the purposes of this section and NRS 616C.223, the employer has the burden of proving that the employer provided mandatory industrial insurance coverage for the employee or that the employer was not required to maintain industrial insurance for the employee.

      5.  Any employer who has failed to provide mandatory coverage required by the provisions of chapters 616A to 616D, inclusive, of NRS is liable for all payments made on behalf of the employer, including any benefits, administrative costs or attorney’s fees paid from the Uninsured Employers’ Claim Account or incurred by the Division.

      6.  The Division:

      (a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action or filing an application for the entry of summary judgment pursuant to NRS 616C.223 in a court of competent jurisdiction.

 


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action or filing an application for the entry of summary judgment pursuant to NRS 616C.223 in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be:

             (1) Justified by the circumstances of the claim;

             (2) Made in accordance with applicable law; and

             (3) Reasonable and necessary.

      (b) In any civil action or application for the entry of summary judgment filed pursuant to NRS 616C.223 against the employer, is not required to prove that negligent conduct by the employer was the cause of the employee’s injury.

      (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

      (d) In lieu of a civil action or filing an application for the entry of summary judgment pursuant to NRS 616C.223, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      7.  The Division shall:

      (a) Determine whether the employer was insured within 30 days after receiving notice of the claim from the employee.

      (b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.

Κ Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination.

      8.  Upon demonstration of the:

      (a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or

      (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,

Κ the Division shall authorize payment from the Uninsured Employers’ Claim Account.

      9.  Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this subsection.

      10.  Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS [616C.305 and] 616C.315.

      11.  All insurers shall bear a proportionate amount of a claim made pursuant to chapters 616A to 616D, inclusive, of NRS, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

 


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      12.  An uninsured employer is liable for the interest on any amount paid on his or her claims from the Uninsured Employers’ Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the account until payment is received by the Division from the employer.

      13.  Attorney’s fees recoverable by the Division pursuant to this section must be:

      (a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division.

Κ Any money collected must be deposited to the Uninsured Employers’ Claim Account.

      14.  If the Division has not obtained a civil judgment or an entry of summary judgment pursuant to NRS 616C.223 and the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his or her own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.

      Sec. 19. NRS 616C.235 is hereby amended to read as follows:

      616C.235  1.  Except as otherwise provided in subsections 2, 3 and 4:

      (a) When the insurer determines that a claim should be closed before all benefits to which the claimant may be entitled have been paid, the insurer shall send a written notice of its intention to close the claim to the claimant by first-class mail addressed to the last known address of the claimant and, if the insurer has been notified that the claimant is represented by an attorney, to the attorney for the claimant by first-class mail addressed to the last known address of the attorney. The notice must include, on a separate page, a statement describing the effects of closing a claim pursuant to this section and a statement that if the claimant does not agree with the determination, the claimant has a right to request a resolution of the dispute pursuant to NRS [616C.305 and] 616C.315 to 616C.385, inclusive, including, without limitation, a statement which prominently displays the limit on the time that the claimant has to request a resolution of the dispute as set forth in NRS 616C.315. A suitable form for requesting a resolution of the dispute must be enclosed with the notice. The closure of a claim pursuant to this subsection is not effective unless notice is given as required by this subsection.

      (b) If the insurer does not receive a request for the resolution of the dispute, it may close the claim.

      (c) Notwithstanding the provisions of NRS 233B.125, if a hearing is conducted to resolve the dispute, the decision of the hearing officer may be served by first-class mail.

      2.  If, during the first 12 months after a claim is opened, the medical benefits required to be paid for a claim are less than $800, the insurer may close the claim at any time after the insurer sends, by first-class mail addressed to the last known address of the claimant, written notice that includes a statement which prominently displays that:

 


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      (a) The claim is being closed pursuant to this subsection;

      (b) The injured employee may appeal the closure of the claim pursuant to the provisions of NRS [616C.305 and] 616C.315 to 616C.385, inclusive; and

      (c) If the injured employee does not appeal the closure of the claim or appeals the closure of the claim but is not successful, the claim cannot be reopened.

      3.  In addition to the notice described in subsection 2, an insurer shall send to each claimant who receives less than $800 in medical benefits within 6 months after the claim is opened a written notice that explains the circumstances under which a claim may be closed pursuant to subsection 2. The written notice provided pursuant to this subsection does not create any right to appeal the contents of that notice. The written notice must be:

      (a) Sent by first-class mail addressed to the last known address of the claimant; and

      (b) A document that is separate from any other document or form that is used by the insurer.

      4.  The closure of a claim pursuant to subsection 2 is not effective unless notice is given as required by subsections 2 and 3.

      5.  In addition to the requirements of this section, an insurer shall include in the written notice described in subsection 2:

      (a) If an evaluation for a permanent partial disability has been scheduled pursuant to NRS 616C.490, a statement to that effect; or

      (b) If an evaluation for a permanent partial disability will not be scheduled pursuant to NRS 616C.490, a statement explaining that the reason is because the insurer has determined there is no possibility of a permanent impairment of any kind.

      Sec. 20. NRS 616C.295 is hereby amended to read as follows:

      616C.295  1.  The Chief of the Hearings Division shall adopt regulations establishing:

      (a) A code of conduct for hearing officers who conduct hearings in contested cases for compensation under chapters 616A to 617, inclusive, of NRS; and

      (b) A code of conduct for appeals officers who conduct hearings and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS.

      2.  The codes of conduct established pursuant to subsection 1 must be designed to ensure fairness and impartiality, and to avoid the appearance of impropriety.

      3.  The Chief of the Hearings Division shall adopt regulations establishing:

      (a) Standards for the initial training and continuing education of hearing officers who conduct hearings in contested cases for compensation under chapters 616A to 617, inclusive, of NRS; and

      (b) Standards for the initial training and continuing education of appeals officers who conduct hearings and appeals as required pursuant to chapters 616A to 617, inclusive, of NRS.

      4.  The standards established pursuant to subsection 3 must, without limitation, include training and continuing education in:

      (a) The provisions of chapters 616A to 617, inclusive, of NRS;

      (b) Dispute resolution; and

      (c) Mediation.

 


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      5.  The Chief of the Hearings Division shall:

      (a) Prescribe by regulation the qualifications required before a person may, pursuant to chapters 616A to 617, inclusive, of NRS, serve as a hearing officer.

      (b) Provide for the expediting of the hearing of cases that involve the termination or denial of compensation.

      (c) Maintain and make accessible to the public on the Internet website maintained by the Hearings Division, a calendar of all matters which are before hearing officers and appeals officers.

      6.  From the cases heard each year by hearing officers and appeals officers regarding claims for benefits by injured employees, the Chief of the Hearings Division shall prepare an annual report which itemizes, on the basis of each insurer and third-party administrator, the number of cases affirmed, reversed, remanded and resolved by other disposition involving that insurer or third-party administrator, including a breakdown of that information by the type of benefits denied by the insurer or third-party administrator.

      7.  As used in this section, “Chief of the Hearings Division” means the Chief of the Hearings Division of the Department of Administration.

      Sec. 21. NRS 616C.315 is hereby amended to read as follows:

      616C.315  1.  Any person who is subject to the jurisdiction of the hearing officers pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS may request a hearing before a hearing officer of any matter within the hearing officer’s authority. The insurer shall provide, without cost, the forms necessary to request a hearing to any person who requests them.

      2.  A hearing must not be scheduled until the following information is provided to the hearing 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.

      3.  Except as otherwise provided in NRS 616B.772, 616B.775, 616B.787 [, 616C.305] and 616C.427, a person who is aggrieved by:

      (a) A written determination of an insurer; or

      (b) The failure of an insurer to respond within 30 days to a written request mailed to the insurer by the person who is aggrieved,

Κ may appeal from the determination or failure to respond by filing a request for a hearing before a hearing officer. Such a request must include the information required pursuant to subsection 2 and, except as otherwise provided in subsections 4 and 5, must be filed within 70 days after the date on which the notice of the insurer’s 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. The failure of an insurer to respond to a written request for a determination within 30 days after receipt of such a request shall be deemed by the hearing officer to be a denial of the request.

 


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      4.  The period specified in subsection 3 within which a request for a hearing must be filed may be:

      (a) 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 his or her spouse, parent or child.

      (b) Tolled if the insurer fails to mail or, if requested by the claimant or the person acting on behalf of the claimant, send by facsimile or other electronic transmission the proof of sending and receipt of which is readily verifiable a determination.

      5.  Failure to file a request for a hearing within the period specified in subsection 3 may be excused if the person aggrieved shows by a preponderance of the evidence that the person did not receive the notice of the determination and the forms necessary to request a hearing. The claimant or employer shall notify the insurer of a change of address.

      6.  The hearing before the hearing officer must be conducted as expeditiously and informally as is practicable.

      7.  The parties to a contested claim may, if the claimant is represented by legal counsel, agree to forego a hearing before a hearing officer and submit the contested claim directly to an appeals officer.

      8.  A claimant may, with regard to a contested claim arising from the provisions of NRS 617.453, 617.455, 617.457, 617.485 or 617.487 as described in subsection 2 of NRS 616C.345, submit the contested claim directly to an appeals officer pursuant to subsection 2 of NRS 616C.345 without the agreement of any other party.

      Sec. 22. NRS 616C.320 is hereby amended to read as follows:

      616C.320  If an employee of a self-insured employer, an employer who is a member of an association of self-insured public or private employers or an employer insured by a private carrier is dissatisfied with a decision of his or her employer, the association or the private carrier, the employee may seek to resolve the dispute pursuant to NRS [616C.305 and] 616C.315 to 616C.385, inclusive.

      Sec. 23. 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 insurer’s 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. 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.

 


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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,] in accordance with the requirements of subsection 5 upon the [application] motion of a party. If a party files such [an application is submitted,] a motion, the decision is automatically stayed until a determination is made concerning the [application.] motion. A determination on the [application] motion must be made within 30 days after the filing of the [application.] motion. If a stay is not granted by the officer after reviewing the [application,] motion, the decision must be complied with within 10 days after the date of the refusal to grant a stay.

      5.  An appeals officer shall not:

      (a) Grant a motion to stay the enforcement of the decision of a hearing officer unless the appeals officer makes specific findings of fact and conclusions of law that the moving party seeking the stay has established that:

             (1) The moving party has a reasonable likelihood of success in the appeal on the factual merits or as a matter of law;

             (2) The moving party will suffer irreparable harm if the stay is denied; and

             (3) The nonmoving party will not suffer irreparable harm if the stay is granted.

 


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      (b) For the purpose of making findings and conclusions relating to irreparable harm pursuant to paragraph (a), consider the ability to recoup benefits and compensation provided by an industrial insurer to an injured employee during the pendency of the appeal.

      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

      (b) Give notice by mail or by personal service 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 [,] or 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 person’s 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:

 


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      (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 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.

      Sec. 24. NRS 616C.370 is hereby amended to read as follows:

      616C.370  1.  No judicial proceedings may be instituted for compensation for an injury or death under chapters 616A to 616D, inclusive, of NRS unless:

      (a) A claim for compensation is filed as provided in NRS 616C.020; and

      (b) A final decision of an appeals officer has been rendered on such claim.

      2.  Judicial proceedings instituted for compensation for an injury or death, under chapters 616A to 616D, inclusive, of NRS are limited to judicial review of the decision of an appeals officer.

      3.  Notwithstanding any other provision of law:

      (a) The following requirements, and no others, are mandatory and jurisdictional for a petition for judicial review of the final decision of an appeals officer:

             (1) The petition must be filed within 30 days after the date of entry and service of the decision and order of the appeals officer; and

             (2) A copy of the decision and order of the appeals officer must be attached to the petition.

      (b) Other than the requirements of paragraph (a), a court may excuse any other defect in substance, form, venue or service of a petition for judicial review, and may permit any appropriate amendment or change of venue at any time before the final disposition of the petition.

      4.  The prevailing party in any judicial proceedings instituted for compensation for an injury or death under chapters 616A to 616D, inclusive, of NRS shall cause a copy of the final decision issued by the court in the proceedings to be:

      (a) Served upon the appeals officer whose final decision was appealed. The appeals officer shall include the copy of the final decision in the administrative record on the matter.

      (b) For a prevailing party in the Court of Appeals or Supreme Court, filed in the district court whose final decision was appealed.

      Sec. 25. NRS 616C.375 is hereby amended to read as follows:

      616C.375  1.  If an insurer, employer or claimant, or the representative of an insurer, employer or claimant, appeals the decision of an appeals officer, that decision is not stayed unless a stay is granted by the appeals officer or the district court within 30 days after the date on which the decision was rendered.

 


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      2.  An appeals officer or district court shall not:

      (a) Grant a motion to stay the enforcement of the decision of an appeals officer unless the appeals officer or district court makes specific findings of fact and conclusions of law that the moving party seeking the stay has established that:

             (1) The moving party has a reasonable likelihood of success in the appeal on the factual merits or as a matter of law;

             (2) The moving party will suffer irreparable harm if the stay is denied; and

             (3) The nonmoving party will not suffer irreparable harm if the stay is granted.

      (b) For the purpose of making findings and conclusions relating to irreparable harm pursuant to paragraph (a), consider the ability to recoup benefits and compensation provided by an industrial insurer to an injured employee during the pendency of the appeal.

      Sec. 26. NRS 616C.390 is hereby amended to read as follows:

      616C.390  Except as otherwise provided in NRS 616C.392:

      1.  If an application to reopen a claim to increase or rearrange compensation is made in writing more than 1 year after the date on which the claim was closed, the insurer shall reopen the claim if:

      (a) A change of circumstances warrants an increase or rearrangement of compensation during the life of the claimant;

      (b) The primary cause of the change of circumstances is the injury for which the claim was originally made; and

      (c) The application is accompanied by the certificate of a physician or a chiropractic physician showing a change of circumstances which would warrant an increase or rearrangement of compensation.

      2.  After a claim has been closed, the insurer, upon receiving an application and for good cause shown, may authorize the reopening of the claim for medical investigation only. The application must be accompanied by a written request for treatment from the physician or chiropractic physician treating the claimant, certifying that the treatment is indicated by a change in circumstances and is related to the industrial injury sustained by the claimant.

      3.  If a claimant applies for a claim to be reopened pursuant to subsection 1 or 2 and a final determination denying the reopening is issued, the claimant shall not reapply to reopen the claim until at least 1 year after the date on which the final determination is issued.

      4.  Except as otherwise provided in subsection 5, if an application to reopen a claim is made in writing within 1 year after the date on which the claim was closed, the insurer shall reopen the claim only if:

      (a) The application is supported by medical evidence demonstrating an objective change in the medical condition of the claimant; and

      (b) There is clear and convincing evidence that the primary cause of the change of circumstances is the injury for which the claim was originally made.

      5.  An application to reopen a claim must be made in writing within 1 year after the date on which the claim was closed if:

      (a) The claimant did not meet the minimum duration of incapacity as set forth in NRS 616C.400 as a result of the injury; and

 


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      (b) The claimant did not receive benefits for a permanent partial disability.

Κ If an application to reopen a claim to increase or rearrange compensation is made pursuant to this subsection, the insurer shall reopen the claim if the requirements set forth in paragraphs (a), (b) and (c) of subsection 1 are met.

      6.  If an employee’s claim is reopened pursuant to this section, the employee is not entitled to vocational rehabilitation services or benefits for a temporary total disability if, before the claim was reopened, the employee:

      (a) Retired; or

      (b) Otherwise voluntarily removed himself or herself from the workforce,

Κ for reasons unrelated to the injury for which the claim was originally made.

      7.  One year after the date on which the claim was closed, an insurer may dispose of the file of a claim authorized to be reopened pursuant to subsection 5, unless an application to reopen the claim has been filed pursuant to that subsection.

      8.  An increase or rearrangement of compensation is not effective before an application for reopening a claim is made unless good cause is shown. The insurer shall, upon good cause shown, allow the cost of emergency treatment the necessity for which has been certified by a physician or a chiropractic physician.

      9.  A claim that closes pursuant to subsection 2 of NRS 616C.235 and is not appealed or is unsuccessfully appealed pursuant to the provisions of NRS [616C.305 and] 616C.315 to 616C.385, inclusive, may not be reopened pursuant to this section.

      10.  The provisions of this section apply to any claim for which an application to reopen the claim or to increase or rearrange compensation is made pursuant to this section, regardless of the date of the injury or accident to the claimant. If a claim is reopened pursuant to this section, the amount of any compensation or benefits provided must be determined in accordance with the provisions of NRS 616C.425.

      11.  As used in this section:

      (a) “Governmental program” means any program or plan under which a person receives payments from a public form of retirement. Such payments from a public form of retirement include, without limitation:

             (1) Social security received as a result of the Social Security Act, as defined in NRS 287.120;

             (2) Payments from the Public Employees’ Retirement System, as established by NRS 286.110;

             (3) Payments from the Retirees’ Fund, as defined in NRS 287.04064;

             (4) A disability retirement allowance, as defined in NRS 1A.040 and 286.031;

             (5) A retirement allowance, as defined in NRS 218C.080; and

             (6) A service retirement allowance, as defined in NRS 1A.080 and 286.080.

      (b) “Retired” means a person who, on the date he or she filed for reopening a claim pursuant to this section:

             (1) Is not employed or earning wages; and

             (2) Receives benefits or payments for retirement from a:

 


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                   (I) Pension or retirement plan;

                   (II) Governmental program; or

                   (III) Plan authorized by 26 U.S.C. § 401(a), 401(k), 403(b), 457 or 3121.

      (c) “Wages” means any remuneration paid by an employer to an employee for the personal services of the employee, including, without limitation:

             (1) Commissions and bonuses; and

             (2) Remuneration payable in any medium other than cash.

      Sec. 27. NRS 616C.500 is hereby amended to read as follows:

      616C.500  1.  Except as otherwise provided in subsection 2 and NRS 616C.175, 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, is entitled to receive for a temporary partial disability the difference between the wage earned after the injury and the compensation which the injured person would be entitled to receive if temporarily totally disabled when the wage is less than the compensation, but for a period not to exceed 24 months during the period of disability.

      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 partial disability during the time the employee is incarcerated. The injured employee or his or her dependents are entitled to receive such benefits if the injured employee is released from incarceration during the period of disability specified in subsection 1 and the injured employee is certified as temporarily partially disabled by a physician or chiropractic physician.

      3.  If an injured employee makes a claim for temporary partial disability, the first payment or a determination regarding payment pursuant to this section must be issued by the insurer within 14 working days after receipt of the claim.

      Sec. 28. NRS 616D.050 is hereby amended to read as follows:

      616D.050  1.  Appeals officers, the Administrator, and the Administrator’s designee, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters may:

      (a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents.

      (b) Administer oaths.

      (c) Certify to official acts.

      (d) Call and examine under oath any witness or party to a claim.

      (e) Maintain order.

      (f) Rule upon all questions arising during the course of a hearing or proceeding.

      (g) [Permit] Except as otherwise provided in subsections 3 and 4, permit discovery by deposition or interrogatories.

      (h) Initiate and hold conferences for the settlement or simplification of issues.

      (i) Dispose of procedural requests or similar matters.

      (j) Generally regulate and guide the course of a pending hearing or proceeding.

 


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      2.  Hearing officers, in conducting hearings or other proceedings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may:

      (a) Issue subpoenas requiring the attendance of any witness or the production of books, accounts, papers, records and documents that are relevant to the dispute for which the hearing or other proceeding is being held.

      (b) Maintain order.

      (c) [Permit discovery by deposition or interrogatories.

      (d)] Initiate and hold conferences for the settlement or simplification of issues.

      [(e)] (d) Dispose of procedural requests or similar matters.

      [(f)] (e) Generally regulate and guide the course of a pending hearing or proceeding.

      3.  Appeals officers, upon motion and for good cause shown, in conducting hearings pursuant to the provisions of chapters 616A to 616D, inclusive, or chapter 617 of NRS or regulations adopted pursuant to those chapters, may grant discovery to any party by any methods available under the Nevada Rules of Civil Procedure, except an appeals officer shall not grant discovery in the form of requests for admission under Rule 36. An appeals officer shall not deny an injured employee’s reasonable request to conduct discovery. The scope of discovery must be:

      (a) Expressly limited to that which is necessary to the adjudication of the claim for compensation; and

      (b) Otherwise governed by the standards for relevance and proportionality set forth in Rule 26(b) of the Nevada Rules of Civil Procedure.

      4.  A party seeking to conduct discovery pursuant to subsection 3 shall not serve a request for discovery on another party without the approval of the appeals officer. The party seeking discovery must file a motion for approval which includes, without limitation, a copy of the discovery request to be served, an identification of any witnesses sought to be deposed and a summary of the anticipated testimony of each such witness. Any party opposed to the motion to approve discovery may file an opposition within 5 days after the date of service of the motion. The moving party is not entitled to reply to any opposition.

      Sec. 29. NRS 616D.090 is hereby amended to read as follows:

      616D.090  1.  In an investigation, the Administrator or a hearing officer may cause depositions of witnesses residing within or without the State to be taken in the manner prescribed by law and Nevada Rules of Civil Procedure for taking depositions in civil actions in courts of record.

      2.  [After] Except as otherwise provided in NRS 616D.050, after the initiation of a claim under the provisions of this chapter or chapter 616A, 616B, 616C or 617 of NRS, in which a claimant or other party is entitled to a hearing on the merits, any party to the proceeding may, in the manner prescribed by law and the Nevada Rules of Civil Procedure for taking written interrogatories and depositions in civil actions in courts of record:

      (a) Serve upon any other party written interrogatories to be answered by the party served; or

      (b) Take the testimony of any person, including a party, by deposition upon oral examination.

 


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      Sec. 30. NRS 616D.120 is hereby amended to read as follows:

      616D.120  1.  Except as otherwise provided in this section, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization has:

      (a) Induced a claimant to fail to report an accidental injury or occupational disease;

      (b) Without justification, persuaded a claimant to:

             (1) Settle for an amount which is less than reasonable;

             (2) Settle for an amount which is less than reasonable while a hearing or an appeal is pending; or

             (3) Accept less than the compensation found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 617, inclusive, of NRS;

      (c) Refused to pay or unreasonably delayed payment to a claimant of compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the refusal or delay occurs:

             (1) Later than 10 days after the date of the settlement agreement or stipulation;

             (2) Later than 30 days after the date of the decision of a court, hearing officer, appeals officer or the Division, unless a stay has been granted; or

             (3) Later than 10 days after a stay of the decision of a court, hearing officer, appeals officer or the Division has been lifted;

      (d) Refused to process a claim for compensation pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (e) Made it necessary for a claimant to initiate proceedings pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS for compensation or other relief found to be due the claimant by a hearing officer, appeals officer, court of competent jurisdiction, written settlement agreement, written stipulation or the Division when carrying out its duties pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS;

      (f) Failed to comply with the Division’s regulations covering the payment of an assessment relating to the funding of costs of administration of chapters 616A to 617, inclusive, of NRS;

      (g) Failed to provide or unreasonably delayed payment to an injured employee or reimbursement to an insurer pursuant to NRS 616C.165;

      (h) Engaged in a pattern of untimely payments to injured employees; or

      (i) Intentionally failed to comply with any provision of, or regulation adopted pursuant to, this chapter or chapter 616A, 616B, 616C or 617 of NRS,

Κ the Administrator shall impose an administrative fine of $1,500 for each initial violation, or a fine of $15,000 for a second or subsequent violation.

      2.  Except as otherwise provided in chapters 616A to 616D, inclusive, or chapter 617 of NRS, if the Administrator determines that an insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization has failed to comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:

 


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comply with any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, the Administrator may take any of the following actions:

      (a) Issue a notice of correction for:

             (1) A minor , clerical or ministerial violation . [, as defined by regulations adopted by the Division; or] In the case of more than one minor, clerical or ministerial violation which is substantially similar across multiple claims, all such violations must be combined into a single finding in a notice of correction. For the purpose of this subparagraph, a violation constitutes a minor, clerical or ministerial violation if the violation does not create a financial impact to an injured employee.

             (2) A violation involving the payment of compensation in an amount which is greater than that required by any provision of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto.

Κ The notice of correction must set forth with particularity the violation committed and the manner in which the violation may be corrected. The provisions of this section do not authorize the Administrator to modify or negate in any manner a determination or any portion of a determination made by a hearing officer, appeals officer or court of competent jurisdiction or a provision contained in a written settlement agreement or written stipulation.

      (b) Impose an administrative fine for:

             (1) A second or subsequent violation of the same section for which a notice of correction has been issued pursuant to paragraph (a); or

             (2) Any other violation of the same section of this chapter or chapter 616A, 616B, 616C or 617 of NRS, or any regulation adopted pursuant thereto, for which a notice of correction may not be issued pursuant to paragraph (a).

Κ The fine imposed must not be [greater] more than $375 for an initial violation, more than $750 for a second violation of the same section, more than $1,500 for a third violation of the same section or more than $3,000 per violation for any [second] fourth or subsequent violation [.] of the same section. If the Administrator determines that a person has fully complied with any plan of correction submitted pursuant to paragraph (c) or that the person has had no violations in the 3 years immediately preceding the date on which a fine is imposed pursuant to this paragraph, the fine must be in the amount for an initial violation.

      (c) Order a plan of corrective action to be submitted to the Administrator within 30 days after the date of the order.

      3.  If the Administrator determines that a violation of any of the provisions of paragraphs (a) to (e), inclusive, (h) or (i) of subsection 1 has occurred, the Administrator shall order the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization to pay to the claimant a benefit penalty:

      (a) Except as otherwise provided in paragraph (b), in an amount that is not less than $17,000 and not greater than $120,000; or

      (b) Of $3,000 if the violation involves a late payment of compensation or other relief to a claimant in an amount which is less than $500 or which is not more than 14 days late.

 


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      4.  To determine the amount of the benefit penalty, the Administrator shall consider the degree of physical harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1, the amount of compensation found to be due the claimant and the number of fines and benefit penalties, other than a benefit penalty described in paragraph (b) of subsection 3, previously imposed against the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization pursuant to this section. The Administrator shall also consider the degree of economic harm suffered by the injured employee or the dependents of the injured employee as a result of the violation of paragraph (a), (b), (c), (d), (e), (h) or (i) of subsection 1. Except as otherwise provided in this section, the benefit penalty is for the benefit of the claimant and must be paid directly to the claimant within 15 days after the date of the Administrator’s determination. If the claimant is the injured employee and the claimant dies before the benefit penalty is paid to him or her, the benefit penalty must be paid to the estate of the claimant. Proof of the payment of the benefit penalty must be submitted to the Administrator within 15 days after the date of the Administrator’s determination unless an appeal is filed pursuant to NRS 616D.140 and a stay has been granted. Any compensation to which the claimant may otherwise be entitled pursuant to chapters 616A to 616D, inclusive, or chapter 617 of NRS must not be reduced by the amount of any benefit penalty received pursuant to this subsection. To determine the amount of the benefit penalty in cases of multiple violations occurring within a certain period of time, the Administrator shall adopt regulations which take into consideration:

      (a) The number of violations within a certain number of years for which a benefit penalty was imposed; and

      (b) The number of claims handled by the insurer, organization for managed care, health care provider, third-party administrator, employer or professional employer organization in relation to the number of benefit penalties previously imposed within the period of time prescribed pursuant to paragraph (a).

      5.  In addition to any fine or benefit penalty imposed pursuant to this section, the Administrator may assess against an insurer who violates any regulation concerning the reporting of claims expenditures or premiums received that are used to calculate an assessment an administrative penalty of up to twice the amount of any underpaid assessment.

      6.  If:

      (a) The Administrator determines that a person has violated any of the provisions of NRS 616D.200, 616D.220, 616D.240, 616D.300, 616D.310 or 616D.350 to 616D.440, inclusive; and

      (b) The Fraud Control Unit for Industrial Insurance of the Office of the Attorney General established pursuant to NRS 228.420 notifies the Administrator that the Unit will not prosecute the person for that violation,

Κ the Administrator shall impose an administrative fine of not more than $15,000.

      7.  Two or more fines of $1,000 or more imposed in 1 year for acts enumerated in subsection 1 must be considered by the Commissioner as evidence for the withdrawal of:

 


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      (a) A certificate to act as a self-insured employer.

      (b) A certificate to act as an association of self-insured public or private employers.

      (c) A certificate of registration as a third-party administrator.

      8.  The Commissioner may, without complying with the provisions of NRS 616B.327 or 616B.431, withdraw the certification of a self-insured employer, association of self-insured public or private employers or third-party administrator if, after a hearing, it is shown that the self-insured employer, association of self-insured public or private employers or third-party administrator violated any provision of subsection 1.

      9.  If the Administrator determines that a vocational rehabilitation counselor has violated the provisions of NRS 616C.543, the Administrator may impose an administrative fine on the vocational rehabilitation counselor of not more than $250 for a first violation, $500 for a second violation and $1,000 for a third or subsequent violation.

      10.  The Administrator may make a claim against the bond required pursuant to NRS 683A.0857 for the payment of any administrative fine or benefit penalty imposed for a violation of the provisions of this section.

      Sec. 31. NRS 617.401 is hereby amended to read as follows:

      617.401  1.  The Division shall designate one:

      (a) Third-party administrator who has a valid certificate issued by the Commissioner pursuant to NRS 683A.085; or

      (b) Insurer, other than a self-insured employer or association of self-insured public or private employers,

Κ to administer claims against the Uninsured Employers’ Claim Account. The designation must be made pursuant to reasonable competitive bidding procedures established by the Administrator.

      2.  Except as otherwise provided in this subsection, an employee may receive compensation from the Uninsured Employers’ Claim Account if:

      (a) The employee was hired in this State or is regularly employed in this State;

      (b) The employee contracts an occupational disease that arose out of and in the course of employment:

             (1) In this State; or

             (2) While on temporary assignment outside the State for not more than 12 months;

      (c) The employee files a claim for compensation with the Division; and

      (d) The employee makes an irrevocable assignment to the Division of a right to be subrogated to the rights of the employee pursuant to NRS 616C.215.

Κ An employee who contracts an occupational disease that arose out of and in the course of employment while on temporary assignment outside the State is not entitled to receive compensation from the Uninsured Employers’ Claim Account unless the employee has been denied workers’ compensation in the state in which the disease was contracted.

      3.  If the Division receives a claim pursuant to subsection 2, the Division shall immediately notify the employer of the claim.

      4.  For the purposes of this section and NRS 617.4015, the employer has the burden of proving that the employer provided mandatory coverage for occupational diseases for the employee or that the employer was not required to maintain industrial insurance for the employee.

 


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      5.  Any employer who has failed to provide mandatory coverage required by the provisions of this chapter is liable for all payments made on behalf of the employer, including, but not limited to, any benefits, administrative costs or attorney’s fees paid from the Uninsured Employers’ Claim Account or incurred by the Division.

      6.  The Division:

      (a) May recover from the employer the payments made by the Division that are described in subsection 5 and any accrued interest by bringing a civil action or filing an application for the entry of summary judgment pursuant to NRS 617.4015 in a court of competent jurisdiction. For the purposes of this paragraph, the payments made by the Division that are described in subsection 5 are presumed to be:

             (1) Justified by the circumstances of the claim;

             (2) Made in accordance with applicable law; and

             (3) Reasonable and necessary.

      (b) In any civil action or application for the entry of summary judgment filed pursuant to NRS 617.4015 against the employer, is not required to prove that negligent conduct by the employer was the cause of the occupational disease.

      (c) May enter into a contract with any person to assist in the collection of any liability of an uninsured employer.

      (d) In lieu of a civil action or filing an application for the entry of summary judgment pursuant to NRS 617.4015, may enter into an agreement or settlement regarding the collection of any liability of an uninsured employer.

      7.  The Division shall:

      (a) Determine whether the employer was insured within 30 days after receiving the claim from the employee.

      (b) Assign the claim to the third-party administrator or insurer designated pursuant to subsection 1 for administration and payment of compensation.

Κ Upon determining whether the claim is accepted or denied, the designated third-party administrator or insurer shall notify the injured employee, the named employer and the Division of its determination.

      8.  Upon demonstration of the:

      (a) Costs incurred by the designated third-party administrator or insurer to administer the claim or pay compensation to the injured employee; or

      (b) Amount that the designated third-party administrator or insurer will pay for administrative expenses or compensation to the injured employee and that such amounts are justified by the circumstances of the claim,

Κ the Division shall authorize payment from the Uninsured Employers’ Claim Account.

      9.  Any party aggrieved by a determination made by the Division regarding the assignment of any claim made pursuant to this section may appeal that determination by filing a notice of appeal with an appeals officer within 30 days after the determination is rendered. The provisions of NRS 616C.345 to 616C.385, inclusive, apply to an appeal filed pursuant to this subsection.

      10.  Any party aggrieved by a determination to accept or to deny any claim made pursuant to this section or by a determination to pay or to deny the payment of compensation regarding any claim made pursuant to this section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS [616C.305 and] 616C.315.

 


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section may appeal that determination, within 70 days after the determination is rendered, to the Hearings Division of the Department of Administration in the manner provided by NRS [616C.305 and] 616C.315.

      11.  All insurers shall bear a proportionate amount of a claim made pursuant to this chapter, and are entitled to a proportionate amount of any collection made pursuant to this section as an offset against future liabilities.

      12.  An uninsured employer is liable for the interest on any amount paid on his or her claims from the Uninsured Employers’ Claim Account. The interest must be calculated at a rate equal to the prime rate at the largest bank in Nevada, as ascertained by the Commissioner of Financial Institutions, on January 1 or July 1, as the case may be, immediately preceding the date of the claim, plus 3 percent, compounded monthly, from the date the claim is paid from the Account until payment is received by the Division from the employer.

      13.  Attorney’s fees recoverable by the Division pursuant to this section must be:

      (a) If a private attorney is retained by the Division, paid at the usual and customary rate for that attorney.

      (b) If the attorney is an employee of the Division, paid at the rate established by regulations adopted by the Division.

Κ Any money collected must be deposited to the Uninsured Employers’ Claim Account.

      14.  If the Division has not obtained a civil judgment or an entry of summary judgment pursuant to NRS 617.4015 and the Division assigns a debt that arises under this section to the State Controller for collection pursuant to NRS 353C.195, the State Controller may bring an action in his or her own name in a court of competent jurisdiction to recover any amount that the Division is authorized to recover pursuant to this section.

      Sec. 32. NRS 617.405 is hereby amended to read as follows:

      617.405  1.  No judicial proceedings may be instituted for benefits for an occupational disease under this chapter, unless:

      (a) A claim is filed within the time limits prescribed in NRS 617.344; and

      (b) A final decision by an appeals officer has been rendered on the claim.

      2.  Judicial proceedings instituted for benefits for an occupational disease under this chapter are limited to judicial review of that decision.

      3.  Notwithstanding any other provision of law:

      (a) The following requirements, and no others, are mandatory and jurisdictional for a petition for judicial review of the final decision of an appeals officer:

             (1) The petition must be filed within 30 days after the date of entry and service of the decision and order of the appeals officer; and

             (2) A copy of the decision and order of the appeals officer must be attached to the petition.

      (b) Other than the requirements of paragraph (a), a court may excuse any other defect in substance, form, venue or service of a petition for judicial review, and may permit any appropriate amendment or change of venue at any time before the final disposition of the petition.

      4.  The prevailing party in any judicial proceedings instituted for benefits for an occupational disease shall cause a copy of the final decision issued by the court in the proceedings to be:

 


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      (a) Served upon the appeals officer whose final decision was appealed. The appeals officer shall include the copy of the final decision in the administrative record on the matter.

      (b) For a prevailing party in the Court of Appeals or Supreme Court, filed in the district court whose final decision was appealed.

      Sec. 32.3.  The Administrator of the Division of Industrial Relations of the Department of Business and Industry shall adopt the formulary required by section 9.5 of this act on or before July 1, 2027.

      Sec. 32.7.  Notwithstanding the provisions of section 9.7 of this act, an insurer may, until January 1, 2028, provide reimbursement for a drug that is dispensed to an injured employee after July 1, 2027, if:

      1.  The injured employee sustained the injury for which a claim was made pursuant to chapters 616A to 617, inclusive, of NRS, on or after January 1, 2027, and on or before July 1, 2027; and

      2.  The injured employee was originally prescribed the drug in connection with his or her claim on or after January 1, 2027, and on or before July 1, 2027.

      Sec. 33.  The amendatory provisions of this act apply to any claim pursuant to chapters 616A to 616D, inclusive, or 617 of NRS, which is open, filed or reopened on or after the date of passage and approval of this act.

      Sec. 33.5. (Deleted by amendment.)

      Sec. 34. NRS 616C.305 and 617.459 are hereby repealed.

      Sec. 35.  1.  This section and sections 1 to 4.17, inclusive, 4.3 to 9.3, inclusive, 10 to 15, inclusive, 16 to 32.3, inclusive, 33, 33.5 and 34 of this act become effective upon passage and approval.

      2.  Section 4.2 of this act becomes effective:

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

      (b) On October 1, 2026, for all other purposes.

      3.  Sections 9.5, 9.7, 15.5 and 32.7 of this act become effective:

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

      (b) On July 1, 2027, for all other purposes.

________

 


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CHAPTER 504, SB 427

Senate Bill No. 427–Committee on Health and Human Services

 

CHAPTER 504

 

[Approved: June 10, 2025]

 

AN ACT making appropriations to certain institutions of the Nevada System of Higher Education for capital improvement projects; 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.  1.  There is hereby appropriated from the State General Fund to the University of Nevada, Las Vegas, the sum of $6,200,000 for:

      (a) The planning and design of a new building for the Lee Business School; and

      (b) Security, health and public safety upgrades to the facilities of the University of Nevada, Las Vegas, campus.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, 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 17, 2027, 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 17, 2027.

      Sec. 1.3. 1.  There is hereby appropriated from the State General Fund to Western Nevada College the sum of $1,133,601 for improvements to the Jack C. Davis Observatory.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2029, 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 21, 2029, 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 21, 2029.

      Sec. 1.5.  1.  There is hereby appropriated from the State General Fund to the College of Southern Nevada the sum of $300,000 for improvements and extensions to the facilities of the Northwest Campus, including, without limitation, the Center for Excellence in Public Safety.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2029, by the entity to

 


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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 21, 2029, 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 21, 2029.

      Sec. 1.7.  1.  There is hereby appropriated from the State General Fund to Truckee Meadows Community College the sum of $3,500,000 for building improvements.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2029, 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 21, 2029, 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 21, 2029.

      Sec. 2.  1.  There is hereby appropriated from the State General Fund to the University of Nevada, Reno, the sum of $6,200,000 for the planning and design of a life sciences building.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2027, 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 17, 2027, 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 17, 2027.

      Sec. 2.1.  1.  There is hereby appropriated from the State General Fund to Great Basin College the sum of $1,913,272 for the replacement of heating, ventilation or air-conditioning equipment.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2029, 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 21, 2029, 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 21, 2029.

      Sec. 2.2.  1.  There is hereby appropriated from the State General Fund to Great Basin College the sum of $500,000 for building improvements.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2029, by the entity to

 


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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 21, 2029, 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 21, 2029.

      Sec. 2.3.  1.  There is hereby appropriated from the State General Fund to Great Basin College the sum of $2,162,429 for repairs and maintenance to parking lots and walkways.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2029, 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 21, 2029, 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 21, 2029.

      Sec. 2.4. 1.  There is hereby appropriated from the State General Fund to the Desert Research Institute the sum of $1,200,000 for the installation and maintenance of fire sprinklers.

      2.  Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2029, 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 21, 2029, 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 21, 2029.

      Sec. 2.5. (Deleted by amendment.)

      Sec. 3.  This act becomes effective on July 1, 2025.

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CHAPTER 505, SB 432

Senate Bill No. 432–Committee on Judiciary

 

CHAPTER 505

 

[Approved: June 10, 2025]

 

AN ACT relating to privacy; granting courts discretion to close family law proceedings or portions thereof under certain circumstances; revising provisions concerning the accessibility of court records in family law proceedings; repealing an unconstitutional provision relating to the closure of certain divorce proceedings; prohibiting the public posting or display of the personal identifying information of another person under certain circumstances; providing penalties; and providing other matters properly relating thereto.

Legislative Counsel’s Digest:

      Existing law requires the court in any action for divorce to close a proceeding upon the demand of either party to the action. (NRS 125.080) In 2024, the Nevada Supreme Court held that such a statute is unconstitutional because it permits closed court proceedings without the exercise of judicial discretion. (Falconi v. Eighth Judicial District Court in and for the County of Clark, 140 Nev. Adv. Op. 8, 543 P.3d 92 (2024)) Section 6 of this bill repeals this statute. Section 2 of this bill defines the term “family law proceeding” to mean a proceeding conducted pursuant to the provisions of Title 11 of NRS. Section 3 of this bill: (1) establishes that family law proceedings are presumptively open unless an exception applies; and (2) authorizes a court to exercise its discretion and close any such proceeding or portion thereof if the court determines that closure is necessary to serve a compelling interest. Section 3 also requires the court to: (1) consider certain factors when making this determination; (2) make certain written findings; and (3) exclude certain persons from the court or chambers if the proceeding is closed. Additionally, section 3 provides, with certain exceptions, that a transcript, audio recording or electronic or video record of a closed portion of a hearing or trial: (1) is confidential and not open to inspection or copying, except by the parties, their counsel and necessary staff or experts; and (2) must not be distributed.

      Section 4 of this bill governs which court records are accessible to the public in family law proceedings. Under section 4, a court is authorized to seal or redact certain court records if the court determines that the sealing or redaction is justified by a compelling interest that outweighs the public interest in access to the court record. Section 4 also: (1) authorizes the court to unseal a court record under certain circumstances; and (2) requires the court to consider certain factors in determining whether to unseal a court record. Section 6 repeals an existing statute governing which court records are accessible to the public in a divorce action, which is being replaced by the provisions of section 4.

      Section 5 of this bill prohibits a person from willfully and intentionally posting or displaying in any public manner certain personal identifying information of another person without the consent of the person. Section 5 provides that a person who commits such an unlawful act is guilty of a category D felony.

 

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

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

      Section 1. Title 11 of NRS is hereby amended by adding thereto a new chapter to consist of the provisions set forth as sections 2, 3 and 4 of this act.

      Sec. 2. As used in this chapter, “family law proceeding” means a proceeding conducted pursuant to the provisions of this title.

 


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      Sec. 3.  1.  Except as otherwise provided by specific statute or court rule, family law proceedings are presumptively open.

      2.  Upon oral or written motion of either party, upon its own motion or upon the filing of a request to provide electronic coverage of a proceeding, a court may exercise its discretion and close a proceeding or portion thereof only if the court determines that closure is necessary to serve a compelling interest.

      3.  In addition to any other factors the court considers relevant in determining whether closure serves a compelling interest, the court shall consider:

      (a) The presumption set forth in subsection 1;

      (b) The best interest of each child involved in the proceeding;

      (c) Whether permitting a third party to observe or record the proceeding creates a substantial risk of violating a federal or state law or regulation or court rule relating to the disclosure of personal identifying information that cannot be mitigated by sealing court records. As used in this paragraph, “personal identifying information” includes, without limitation:

             (1) Individually identifiable health information as defined in 45 C.F.R. § 160.103; or

             (2) Educational records under the Family Educational Rights and Privacy Act of 1974, 20 U.S.C. § 1232g, and any regulations adopted pursuant thereto; and

      (d) Whether, in the absence of closure, there is a substantial risk that:

             (1) A party to the proceeding or child involved in the proceeding may suffer harassment, indignity, undue embarrassment or any other physical or emotional harm; or

             (2) The fundamental right of privacy of any person will be violated.

      4.  After considering the factors set forth in subsection 3 and any other factors the court considers relevant in determining whether closure is necessary to serve a compelling interest, the court shall make written findings regarding:

      (a) Whether there is a substantial probability that, in the absence of closure, the compelling interest will be harmed;

      (b) Whether there are alternatives to closure that would adequately protect the compelling interest; and

      (c) Whether the closure is narrowly tailored to protect the compelling interest.

      5.  If the court determines that a proceeding or portion thereof should be closed pursuant to subsection 2:

      (a) The court shall direct that the proceeding or portion thereof be closed; and

      (b) Except as otherwise provided in subsections 6 and 7, all persons must be excluded from the court or chambers wherein the action is tried, except:

             (1) The officers of the court;

             (2) The parties;

             (3) The counsel for the parties and any staff of such counsel;

             (4) The witnesses for the parties, including, without limitation, expert witnesses;

 


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             (5) The guardians of the parties; and

             (6) Persons who are related within the third degree of consanguinity to the parties. 

      6.  The court may, upon oral or written motion of either party or on its own motion, exclude any person described in subparagraph (4), (5) or (6) of paragraph (b) of subsection 5 from the court or chambers wherein the action is tried.

      7.  If the court determines that the interests of justice or best interests of a child would be served, the court may permit a person to remain, observe and hear any relevant portion of a proceeding, notwithstanding any request by a party that the proceeding be closed.

      8.  Except as otherwise provided by specific statute, court rule or court order, a transcript, audio recording or electronic or video record of a closed portion of a hearing or trial is confidential and not open to inspection or copying by persons except the parties, the counsel for the parties and such staff and experts as the counsel for the parties deem necessary.

      9.  A person with such access shall not distribute or facilitate the distribution of a transcript, audio recording or electronic or video record of any closed portion of a hearing or trial, except as otherwise provided by specific statute, court rule or court order. A person who violates this subsection shall, upon receiving notice of the violation:

      (a) Cease and desist from the conduct; and

      (b) Immediately remove the transcript, audio recording or electronic or video record from public access.

      10.  As used in this section, the term “electronic coverage” includes broadcasting, televising, recording and photographing.

      Sec. 4. 1.  In a family law proceeding:

      (a) The following court records must be open to public inspection in the clerk’s office:

             (1) The summons and proof of service;

             (2) If service is made by publication, the affidavit for publication;

             (3) The pleadings;

             (4) Any decree or other order, including, without limitation, an order directing the publication of a summons; and

             (5) Any judgment, including, without limitation, a judgment of default.

      (b) The following court records are not open to public inspection except by order of the court for good cause shown:

             (1) Financial disclosure forms;

             (2) Documents, records or evidence filed under seal;

             (3) Documents sealed by a court pursuant to subsection 3;

             (4) Confidential exhibits;

             (5) Child custody evaluations;

             (6) Medical records, including, without limitation, any medical, psychiatric or psychological evaluation or report; and

             (7) Any documents, the copying or distribution of which is prohibited by federal or state law or regulation or court rule.

      2.  Except as otherwise provided in subsection 8 of section 3 of this act, all other court records, including, without limitation, exhibits and transcripts of testimony, are presumptively open to public inspection.

 


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      3.  The court may, on its own motion or at the request of a party, seal or redact a court record described in subsection 2 if the court determines that the sealing or redaction is justified by a compelling interest that outweighs the public interest in access to the court record. For the purpose of this subsection, protecting personal identifying information concerning a party or child involved in the proceeding from disclosure shall be deemed to be a compelling interest that outweighs the public interest in access to the court record.

      4.  The court may unseal a court record sealed pursuant to subsection 3:

      (a) Upon written stipulation of all parties;

      (b) Upon its own motion for good cause shown; or

      (c) Upon the motion of a party for good cause shown. A copy of any such motion must be served upon all parties to the proceeding.

      5.  In addition to any other factors the court considers relevant in determining whether good cause exists for unsealing a court record pursuant to subsection 4, the court shall consider:

      (a) Whether the court record contains information made confidential by federal or state law or regulation or court rule;

      (b) Whether federal or state law or regulation or court rule provides that any information in the court record is not a public record;

      (c) The interests of the party seeking to unseal the record; and

      (d) Whether unsealing the record would create a substantial risk that a party to the proceeding or child involved in the proceeding may suffer harassment, indignity, undue embarrassment or any other physical or emotional harm.

      6.  As used in this section, “court record” includes, without limitation, any document, information or exhibit maintained by a court in connection with a family law proceeding.

      Sec. 5.  Chapter 205 of NRS is hereby amended by adding thereto a new section to read as follows:

      1.  Except as otherwise provided in this section, a person shall not willfully and intentionally post or display in any public manner the personal identifying information of another person without the consent of the person if the information is required to be kept private pursuant to federal or state law or regulation or court rule.

      2.  Unless a greater penalty is provided by specific statute, a person who violates this section is guilty of a category D felony and shall be punished as provided in NRS 193.130.

      3.  As used in this section:

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

      (b) “Post or display in any public manner” means to communicate or otherwise make available to the general public.

      Sec. 6. NRS 125.080 and 125.110 are hereby repealed.

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