[Rev. 5/1/2022 9:53:53 PM--2021]

CHAPTER 458 - ALCOHOL AND OTHER SUBSTANCE USE DISORDERS

GENERAL PROVISIONS

NRS 458.010           Definitions.

PROGRAMS FOR ALCOHOL OR OTHER SUBSTANCE USE DISORDERS

NRS 458.025           Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective through June 30, 2026.]

NRS 458.025           Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective July 1, 2026.]

NRS 458.0255         Expedited certificate by endorsement as detoxification technician: Requirements; procedure for issuance.

NRS 458.0256         Expedited certificate by endorsement as detoxification technician for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

NRS 458.0258         Certification of detoxification technician: Petition to determine if criminal history will disqualify person from obtaining certificate; fee; posting of requirements for certificate and list of disqualifying crimes on Internet; report.

NRS 458.026           Certification of detoxification technician: Statement by applicant concerning payment of child support; grounds for denial of certification; duty of Administrator. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 458.027           Certification of detoxification technician: Suspension of certification for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 458.028           Certification of detoxification technician: Application to include social security number. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 458.029           Application for renewal of certificate as detoxification technician: Information concerning state business license required; conditions which require denial.

NRS 458.031           Administration of chapter.

NRS 458.033           Substance use disorder prevention coalitions: Certification; regulations; duties; collaboration with Division. [Effective January 1, 2022.]

NRS 458.035           Power of Division to contract.

NRS 458.055           Confidential information.

NRS 458.080           Financial assistance for treatment provider.

NRS 458.091           Admission to and treatment in hospital of person with an alcohol or other substance use disorder.

NRS 458.094           Use of certain money to provide programs to persons referred by agencies which provide child welfare services.

NRS 458.097           Use and allocation of certain money for increase of services.

NRS 458.098           Tax on Liquor Program Account.

NRS 458.100           State Grant and Gift Account for Alcohol or Other Substance Use Disorders.

NRS 458.103           Division authorized to accept public money.

NRS 458.104           Temporary advance from State General Fund.

NRS 458.105           Fees for sale of miscellaneous printed material.

NRS 458.110           Additional powers of Division.

NRS 458.112           Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty.

NRS 458.115           Legislative appropriations; claims.

SERVICES FOR ADOLESCENTS

NRS 458.125           Requests for proposals; advancement of initial costs; staffing of Division.

NRS 458.131           Biennial report of Division.

PROTECTIVE CUSTODY OF PERSONS UNDER INFLUENCE OF CONTROLLED SUBSTANCE

NRS 458.175           Powers and duties of peace officers.

CIVIL PROTECTIVE CUSTODY OF PERSONS WITH AN ALCOHOL USE DISORDER

NRS 458.250           Legislative declaration of purpose.

NRS 458.260           Intoxication not public offense; exceptions.

NRS 458.270           Procedure for placing person in civil protective custody.

NRS 458.280           Records of treatment facility and treatment provider confidential; exceptions.

CIVIL COMMITMENT OF PERSONS WITH AN ALCOHOL OR OTHER SUBSTANCE USE DISORDER WHO HAVE BEEN CONVICTED OF CRIME

NRS 458.290           “Person with a substance use disorder” defined. [Repealed.]

NRS 458.300           Eligibility for assignment to program of treatment. [Repealed.]

NRS 458.310           Hearing to determine whether defendant should receive treatment. [Repealed.]

NRS 458.320           Examination of defendant; determination of acceptability for treatment; imposition of conditions; deferment of sentencing; payment of costs of treatment. [Repealed.]

NRS 458.325           Completion of treatment under supervision of treatment provider in another jurisdiction. [Repealed.]

NRS 458.330           Deferment of sentencing; satisfaction of conditions for treatment; determination of transfer to another treatment provider or sentencing; sealing of records. [Repealed.]

NRS 458.340           Civil commitment not criminal conviction. [Repealed.]

NRS 458.350           State or political subdivision not required to provide treatment provider for treatment. [Repealed.]

STATEWIDE SUBSTANCE USE RESPONSE WORKING GROUP

NRS 458.450           “Working Group” defined.

NRS 458.460           Creation; membership; terms; vacancies; members serve without compensation; members holding public office or employed by governmental entity.

NRS 458.470           Chair and Vice Chair; meetings; quorum.

NRS 458.480           Duties; report.

NRS 458.490           Report by Department of Health and Human Services to Working Group concerning use of certain money.

_________

GENERAL PROVISIONS

      NRS 458.010  Definitions.  As used in this chapter, unless the context requires otherwise:

      1.  “Administrator” means the Administrator of the Division.

      2.  “Civil protective custody” means a custodial placement of a person to protect the health or safety of the person. Civil protective custody does not have any criminal implication.

      3.  “Detoxification technician” means a person who is certified by the Division to provide screening for the safe withdrawal from alcohol and other drugs.

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

      5.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of persons with alcohol or other substance use disorders.

      6.  “Person with an alcohol or other substance use disorder” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects the ability of the person to function socially or economically.

      7.  “Person with an alcohol use disorder” means any person who habitually uses alcoholic beverages to the extent that the person endangers the health, safety or welfare of himself or herself or any other person or group of persons.

      8.  “Program for alcohol or other substance use disorders” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of persons with an alcohol or other substance use disorder.

      9.  “Treatment provider” means a public or private agency, residential treatment center, facility for the treatment of alcohol or other substance use disorders, voluntary organization which is certified by the Division or a practitioner licensed or certified pursuant to chapter 641, 641A, 641B or 641C of NRS.

      (Added to NRS by 1960, 306; A 1963, 966; 1967, 1174; 1973, 1060, 1399; 1975, 228; 1977, 1223; 1993, 1628; 1997, 3076; 1999, 1266, 1874, 3065, 3066, 3077; 2001, 418, 440, 1909, 2519; 2003, 1168, 1454; 2005, 22nd Special Session, 56, 57; 2011, 2854; 2013, 3063; 2015, 745, 2278)

PROGRAMS FOR ALCOHOL OR OTHER SUBSTANCE USE DISORDERS

      NRS 458.025  Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective through June 30, 2026.]

      1.  The Division:

      (a) Shall formulate and operate a comprehensive state plan for programs for alcohol or other substance use disorders which must include:

             (1) A survey of the need for prevention and treatment of alcohol or other substance use disorders, including a survey of the treatment providers needed to provide services and a plan for the development and distribution of services and programs throughout this State.

             (2) A plan for programs to educate the public in the problems of alcohol and other substance use disorders.

             (3) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol or other substance use disorders and in the treatment and recovery of persons with alcohol or other substance use disorders, and a plan to provide the necessary treatment.

Ê In developing and revising the state plan, the Division shall consider, without limitation, the amount of money available from the Federal Government for programs for alcohol or other substance use disorders and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for programs for alcohol or other substance use disorders.

      (b) Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of programs for alcohol or other substance use disorders in this State.

      (c) Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with programs for alcohol or other substance use disorders, and shall review the applications and advise the applicants concerning the applications.

      (d) Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the Board pursuant to this section, and publish a list of certified detoxification technicians, facilities and programs. Any detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for programs for alcohol or other substance use disorders.

      (e) Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in paragraph (d).

      2.  The State Board of Health shall adopt regulations. The regulations:

      (a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians which must include, without limitation, a requirement that such a person receive at least 1 hour of instruction on evidence-based suicide prevention and awareness for each year of the term of the person’s certification; and

      (b) May prescribe the fees for the certification of detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Division of issuing the certificate.

      (Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901; 1987, 526; 1999, 1267, 1875, 3066; 2001, 419, 441, 1910, 2519; 2003, 1168; 2005, 22nd Special Session, 57, 58; 2015, 305, 746, 2278, 2288)

      NRS 458.025  Operation of state plan; certification of detoxification technicians, facilities and programs. [Effective July 1, 2026.]

      1.  The Division:

      (a) Shall formulate and operate a comprehensive state plan for programs for alcohol or other substance use disorders which must include:

             (1) A survey of the need for prevention and treatment of alcohol or other substance use disorders, including a survey of the treatment providers needed to provide services and a plan for the development and distribution of services and programs throughout this State.

             (2) A plan for programs to educate the public in the problems of alcohol and other substance use disorders.

             (3) A survey of the need for persons who have professional training in fields of health and other persons involved in the prevention of alcohol or other substance use disorders and in the treatment and recovery of persons with alcohol or other substance use disorders, and a plan to provide the necessary treatment.

Ê In developing and revising the state plan, the Division shall consider, without limitation, the amount of money available from the Federal Government for programs for alcohol or other substance use disorders and the conditions attached to the acceptance of that money, and the limitations of legislative appropriations for programs for alcohol or other substance use disorders.

      (b) Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of programs for alcohol or other substance use disorders in this State.

      (c) Must be consulted in the planning of projects and advised of all applications for grants from within this State which are concerned with programs for alcohol or other substance use disorders, and shall review the applications and advise the applicants concerning the applications.

      (d) Shall certify or deny certification of detoxification technicians or any facilities or programs on the basis of the standards established by the Board pursuant to this section, and publish a list of certified detoxification technicians, facilities and programs. Any detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for programs for alcohol or other substance use disorders.

      (e) Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in paragraph (d).

      2.  The State Board of Health shall adopt regulations. The regulations:

      (a) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

      (b) May prescribe the fees for the certification of detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the Division of issuing the certificate.

      (Added to NRS by 1973, 1397; A 1975, 228; 1981, 1901; 1987, 526; 1999, 1267, 1875, 3066; 2001, 419, 441, 1910, 2519; 2003, 1168; 2005, 22nd Special Session, 57, 58; 2015, 305, 746, 2278, 2288, effective July 1, 2026)

      NRS 458.0255  Expedited certificate by endorsement as detoxification technician: Requirements; procedure for issuance.

      1.  Notwithstanding any regulations adopted pursuant to NRS 458.025, the Division may issue a certificate by endorsement as a detoxification technician to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant holds a corresponding valid and unrestricted certificate as a detoxification technician in the District of Columbia or any state or territory of the United States.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:

      (a) Proof satisfactory to the Division that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or any state or territory in which the applicant currently holds or has held a certificate as a detoxification technician; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) Any fee prescribed by the Board pursuant to NRS 458.025 for the issuance of a certificate; and

      (e) Any other information required by the Division.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as a detoxification technician pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a detoxification technician to the applicant not later than:

      (a) Forty-five days after receiving the application; or

      (b) Ten days after the Division receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      (Added to NRS by 2015, 3039)

      NRS 458.0256  Expedited certificate by endorsement as detoxification technician for active member of Armed Forces, member’s spouse, veteran or veteran’s surviving spouse: Requirements; procedure for issuance; provisional license pending action on application.

      1.  Notwithstanding any regulations adopted pursuant to NRS 458.025, the Division may issue a certificate by endorsement as a detoxification technician to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant:

      (a) Holds a corresponding valid and unrestricted certificate as a detoxification technician in the District of Columbia or any state or territory of the United States; and

      (b) Is an active member of, or the spouse of an active member of, the Armed Forces of the United States, a veteran or the surviving spouse of a veteran.

      2.  An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application:

      (a) Proof satisfactory to the Division that the applicant:

             (1) Satisfies the requirements of subsection 1;

             (2) Is a citizen of the United States or otherwise has the legal right to work in the United States;

             (3) Has not been disciplined or investigated by the corresponding regulatory authority of the District of Columbia or the state or territory in which the applicant holds a certificate as a detoxification technician; and

             (4) Has not been held civilly or criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

      (b) A complete set of fingerprints and written permission authorizing the Division to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

      (c) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

      (d) Any fee prescribed by the Board pursuant to NRS 458.025 for the issuance of a certificate; and

      (e) Any other information required by the Division.

      3.  Not later than 15 business days after receiving an application for a certificate by endorsement as a detoxification technician pursuant to this section, the Division shall provide written notice to the applicant of any additional information required by the Division to consider the application. Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a detoxification technician to the applicant not later than:

      (a) Forty-five days after receiving all the additional information required by the Division to complete the application; or

      (b) Ten days after the Division receives a report on the applicant’s background based on the submission of the applicant’s fingerprints,

Ê whichever occurs later.

      4.  At any time before making a final decision on an application for a certificate by endorsement pursuant to this section, the Division may grant a provisional certificate authorizing an applicant to practice as a detoxification technician in accordance with regulations adopted by the Board.

      5.  If an applicant submits an application for a certificate by endorsement pursuant to this section, the Division shall collect not more than one-half of any fee prescribed by the Board pursuant to NRS 458.025 for the initial issuance of the certificate.

      6.  As used in this section, “veteran” has the meaning ascribed to it in NRS 417.005.

      (Added to NRS by 2015, 3920)

      NRS 458.0258  Certification of detoxification technician: Petition to determine if criminal history will disqualify person from obtaining certificate; fee; posting of requirements for certificate and list of disqualifying crimes on Internet; report.

      1.  The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate as a detoxification technician pursuant to NRS 458.025.

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

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

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

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

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

      7.  The Division may post on its Internet website:

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

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

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

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

      (b) The Federal Bureau of Investigation.

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

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

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

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

      (c) The reasons for such determinations; and

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

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

      (Added to NRS by 2019, 2930)

      NRS 458.026  Certification of detoxification technician: Statement by applicant concerning payment of child support; grounds for denial of certification; duty of Administrator. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for the issuance or renewal of his or her certification as a detoxification technician must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

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

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

      (b) A separate form prescribed by the Division.

      3.  The certification of a person as a detoxification technician may not be issued or renewed by the Division if the applicant:

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

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

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

      (Added to NRS by 1997, 2059; A 1999, 1268, 3067; 2001, 132, 133, 420, 442, 1910, 2520; R 2003, 1169; A 2005, 22nd Special Session, 59; 2015, 2278)

      NRS 458.027  Certification of detoxification technician: Suspension of certification for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

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

      2.  The Division shall reinstate the certification of a person as a detoxification technician that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1997, 2060; A 1999, 1268, 3068; 2001, 421, 443, 1911, 2521; R 2003, 1169; A 2005, 22nd Special Session, 59; 2015, 2278)

      NRS 458.028  Certification of detoxification technician: Application to include social security number. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  An application for the certification of a detoxification technician must include the social security number of the applicant.

      (Added to NRS by 1997, 2060; A 1999, 1269, 3068; 2001, 1911, 2521; R 2003, 1169; 2015, 2278)

      NRS 458.029  Application for renewal of certificate as detoxification technician: Information concerning state business license required; conditions which require denial.

      1.  In addition to any other requirements set forth in this chapter, an applicant for the renewal of certification as a detoxification technician must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.

      2.  Certification as a detoxification technician may not be renewed by the Division if:

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

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

             (1) Satisfied the debt;

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

             (3) Demonstrated that the debt is not valid.

      3.  As used in this section:

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

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

      (Added to NRS by 2013, 2732; A 2015, 2278)

      NRS 458.031  Administration of chapter.  The Division shall administer the provisions of this chapter as the sole agency of the State of Nevada for that purpose.

      (Added to NRS by 1973, 1397; A 1997, 3076; 1999, 3069; 2001, 421; 2003, 1455; 2005, 22nd Special Session, 60)

      NRS 458.033  Substance use disorder prevention coalitions: Certification; regulations; duties; collaboration with Division. [Effective January 1, 2022.]

      1.  The State Board of Health shall adopt regulations:

      (a) Providing for the certification of substance use disorder prevention coalitions; and

      (b) Establishing requirements governing the membership of and geographic region served by substance use disorder prevention coalitions. The regulations adopted pursuant to this paragraph must align with nationally recognized standards for substance use disorder prevention coalitions and must provide that a geographic region may be served by more than one substance use disorder prevention coalition.

      2.  A certified substance use disorder prevention coalition shall:

      (a) Advise the Department of Health and Human Services and the Division concerning:

             (1) The needs of adults and children in the geographic region served by the coalition concerning the prevention of substance misuse and substance use disorders in the geographic region;

             (2) Any progress, problems or plans relating to the provision of services for the prevention of substance misuse and substance use disorders and methods for improving the provision of such services in the geographic region served by the coalition;

             (3) Identified gaps in services for the prevention of substance misuse and substance use disorders and recommendations for addressing those gaps; and

             (4) Priorities for allocating resources to support and develop services for the prevention of substance misuse and substance use disorders in the geographic region served by the coalition.

      (b) Convene interested persons and entities to promote the use of evidence-based strategies to address needs concerning services for the prevention of substance misuse and substance use disorders and improve such services in the geographic region served by the coalition.

      (c) Coordinate and share information with other certified substance use disorder prevention coalitions to provide recommendations to the Department of Health and Human Services and the Division concerning services for the prevention of substance misuse and substance use disorders.

      (d) Implement, in coordination with the Department of Health and Human Services, the Division, other certified substance use disorder prevention coalitions and other interested persons and entities, statewide efforts for the prevention of substance misuse and substance use disorders.

      (e) Coordinate with persons and entities in this State who provide services related to the prevention of substance misuse and substance use disorders to increase the awareness of such services and reduce duplication of efforts.

      (f) In consultation with other persons and entities in this State who provide services related to the prevention of substance use disorders, submit an annual report to the regional behavioral health policy board for the geographic region served by the substance use disorder prevention coalition. The report must include, without limitation:

             (1) Identification of the specific needs of the geographic region served by the coalition concerning the prevention of substance misuse and substance use disorders;

             (2) A description of methods that the coalition uses to collect and analyze data concerning:

                   (I) Substance misuse and substance use disorders in the geographic region served by the coalition; and

                   (II) Gaps in services related to the prevention of substance misuse and substance use disorders and the need for additional services in that region;

             (3) The strategies used by the coalition and the results of those strategies;

             (4) The goals of the coalition for the immediately preceding year and the degree to which the coalition achieved those goals; and

             (5) The goals of the coalition for the immediately following year and the long-term goals of the coalition.

      3.  The Division shall collaborate with and utilize certified substance use disorder prevention coalitions as the primary local and regional entities to coordinate programs and strategies for the prevention of substance use disorders in this State.

      4.  As used in this section:

      (a) “Behavioral health region” has the meaning ascribed to it in NRS 433.426.

      (b) “Substance use disorder prevention coalition” means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in a region of this State.

      (Added to NRS by 2021, 2830, effective January 1, 2022)

      NRS 458.035  Power of Division to contract.  The Division may contract with any appropriate public or private agency, organization or institution to carry out the provisions of this chapter.

      (Added to NRS by 1973, 1398; A 1997, 3076; 1999, 3069; 2001, 421; 2005, 22nd Special Session, 60)

      NRS 458.055  Confidential information.

      1.  To preserve the confidentiality of any information concerning persons applying for or receiving any services pursuant to this chapter, the Division may establish and enforce rules governing the confidential nature, custody, use and preservation of the records, files and communications filed with the Division.

      2.  Wherever information concerning persons applying for and receiving any services pursuant to this chapter is furnished to or held by any other government agency or a public or private institution, the use of that information by the agency or institution is subject to the rules established by the Division pursuant to subsection 1.

      3.  Except as otherwise provided in NRS 442.300 to 442.330, inclusive, and 449A.103 and chapter 629 of NRS and except for purposes directly connected with the administration of this chapter, a person shall not disclose, use or authorize the disclosure of any confidential information concerning a person receiving services pursuant to this chapter.

      (Added to NRS by 1973, 1398; A 1991, 2350; 1997, 3077; 1999, 3069, 3514; 2001, 421; 2003, 1455; 2005, 22nd Special Session, 60)

      NRS 458.080  Financial assistance for treatment provider.  The Division may, by contracting with organized groups, render partial financial assistance for treatment providers established by these groups. Each such contract must contain a provision allowing for an audit of all accounts, books and other financial records of the organization with which the agency contracts.

      (Added to NRS by 1960, 307; A 1963, 1028; 1971, 90; 1973, 1400, 1669; 1975, 316; 2001, 421; 2005, 22nd Special Session, 60; 2015, 747)

      NRS 458.091  Admission to and treatment in hospital of person with an alcohol or other substance use disorder.  Persons with alcohol or other substance use disorders must be admitted to public or private general medical hospitals which receive federal or state money for programs for alcohol or other substance use disorders, and must be treated in those hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to this chapter.

      (Added to NRS by 1973, 1398; A 1997, 3077; 1999, 3069)

      NRS 458.094  Use of certain money to provide programs to persons referred by agencies which provide child welfare services.  The Division shall use any money not needed to carry out the provisions of chapter 678C of NRS to provide programs for alcohol or other substance use disorders to persons referred to the Division by agencies which provide child welfare services as authorized pursuant to NRS 678C.830.

      (Added to NRS by 2011, 2854; A 2013, 3064; 2019, 3880)

      NRS 458.097  Use and allocation of certain money for increase of services.

      1.  Money received by the Division pursuant to NRS 369.174 must be used to increase services for the prevention of alcohol or other substance use disorders and for the detoxification and rehabilitation of persons with an alcohol or other substance use disorder. In allocating the money for the increase of services, the Division shall give priority to:

      (a) The areas where there exists a shortage of services for the treatment of alcohol use disorders. The Division shall determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for programs for alcohol or other substance use disorders, and other appropriate data.

      (b) The needs of counties to provide:

             (1) Civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol; and

             (2) Secure detoxification units or other appropriate facilities for persons who are arrested or taken into custody while under the influence of a controlled substance.

      (c) Programs for alcohol or other substance use disorders that are primarily directed toward the prevention of such disorders.

      2.  As used in this section, “secure detoxification unit” has the meaning ascribed to it in NRS 458.175.

      (Added to NRS by 1981, 896; A 1997, 781; 2001, 422; 2003, 1455; 2005, 22nd Special Session, 60)

      NRS 458.098  Tax on Liquor Program Account.

      1.  The Tax on Liquor Program Account is hereby created in the State General Fund.

      2.  Money in the Account that is received pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097 or for any other purpose authorized by the Legislature.

      3.  All claims must be approved by the Administrator before they are paid.

      (Added to NRS by 1999, 21; A 2001, 422; 2020, 31st Special Session, 93)

      NRS 458.100  State Grant and Gift Account for Alcohol or Other Substance Use Disorders.

      1.  All gifts or grants of money for a program for alcohol or other substance use disorders which the Division is authorized to accept must be deposited in the State Treasury for credit to the State Grant and Gift Account for Alcohol or Other Substance Use Disorders which is hereby created in the Department of Health and Human Services’ Gift Fund.

      2.  Subject to the limitations set forth in NRS 458.094, money in the Account must be used to carry out the provisions of this chapter.

      3.  All claims must be approved by the Administrator before they are paid.

      (Added to NRS by 1960, 307; A 1963, 968; 1973, 1400; 1975, 261; 1979, 623; 1981, 79, 896; 1993, 1629; 1997, 3077; 1999, 21, 1876, 3069; 2001, 219, 422; 2005, 22nd Special Session, 61; 2011, 2854)

      NRS 458.103  Division authorized to accept public money.  The Division may accept:

      1.  Money appropriated and made available by any act of Congress for any program for alcohol or other substance use disorder administered by the Division as provided by law.

      2.  Money appropriated and made available by the State of Nevada or by a county, a city, a public district or any political subdivision of this State for any program for alcohol or other substance use disorder administered by the Division as provided by law.

      (Added to NRS by 1963, 834; A 1973, 1400; 1975, 261; 2001, 422; 2005, 22nd Special Session, 61; 2011, 2854; 2013, 3064)

      NRS 458.104  Temporary advance from State General Fund.

      1.  If the Administrator determines that current claims exceed the amount of money available to the Division because of a delay in the receipt of money from federal grants, the Administrator may request from the Director of the Office of Finance a temporary advance from the State General Fund for the payment of authorized expenses.

      2.  The Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance.

      3.  An advance from the State General Fund:

      (a) Must be approved by the Director of the Office of Finance for use pursuant to NRS 458.080; and

      (b) Is limited to 25 percent of the revenue expected to be received in the current fiscal year from any source other than legislative appropriation.

      4.  Any money which is temporarily advanced from the State General Fund to the Division pursuant to this section must be repaid by August 31 following the end of the fiscal year during which the money was advanced.

      (Added to NRS by 1991, 1174; A 1993, 1629; 2001, 422; 2005, 22nd Special Session, 61)

      NRS 458.105  Fees for sale of miscellaneous printed material.  The Division may fix and collect reasonable fees for the sale of miscellaneous printed materials pertaining to alcohol or other substance use disorders which are purchased or prepared by the Division. The fees must be deposited in the State Treasury to the credit of the General Fund.

      (Added to NRS by 1963, 834; A 1973, 1401; 1975, 261; 2001, 423; 2005, 22nd Special Session, 61)

      NRS 458.110  Additional powers of Division.  In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the Division may engage in any activity necessary to effectuate the purposes of this chapter.

      (Added to NRS by 1960, 307; A 1963, 968; 1973, 1401; 1985, 295; 1997, 3077; 1999, 3070; 2001, 423; 2005, 22nd Special Session, 62; 2019, 1680; 2021, 2831)

      NRS 458.112  Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty.

      1.  A treatment provider, a facility or an operator of a program for alcohol or other substance use disorder, or a person who provides any form of advertising or marketing services on behalf of such a provider, facility or operator, shall not:

      (a) Make a false or misleading statement or provide false or misleading information about the products, goods, services or geographical locations of the treatment provider, facility or program for alcohol or other substance use disorder in the marketing, advertising materials or media or on the Internet website of the treatment provider, facility or operator of the program for alcohol or other substance use disorder;

      (b) Post or otherwise allow on the Internet website of the treatment provider, facility or program for alcohol or other substance use disorder false information or electronic links, coding or activation that provides false information or that surreptitiously directs the reader to another Internet website;

      (c) Solicit, receive or attempt to solicit or receive a commission, benefit, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in or attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from the treatment provider, facility or operator of the program for alcohol or other substance use disorder; or

      (d) Enter into a contract with a person who provides marketing services who agrees to generate referrals or leads for the placement of patients with the treatment provider, facility or operator of the program for alcohol or other substance use disorder through a call center or web-based presence, unless the treatment provider, facility or operator of the program provides to the prospective patient:

             (1) A clear disclosure to inform the prospective patient that the person providing the marketing services represents a specific treatment provider, facility or operator of a program for alcohol or other substance use disorder which pays a fee to the person providing the marketing services and the identity of the treatment provider, facility or operator of a program represented by the person; and

             (2) Instructions on the manner in which any list of treatment providers, facilities or programs for alcohol or other substance use disorders provided by the Division on its Internet website may be accessed.

      2.  The provisions of paragraph (d) of subsection 1 do not apply to a state agency, a contractor thereof or an entity that otherwise receives financial support from the State which refers a person to a treatment provider, facility or program for alcohol or other substance use disorders that is operated or financially supported by the State.

      3.  Any violation of the provisions of this section is a misdemeanor.

      (Added to NRS by 2019, 1679)

      NRS 458.115  Legislative appropriations; claims.  Money to carry out the provisions of this chapter must be provided by direct legislative appropriation from the State General Fund and paid out on claims as other claims against the State are paid. All claims must be approved by the Administrator before they are paid.

      (Added to NRS by 1961, 159; A 1963, 968; 1973, 1401; 1997, 3078; 1999, 3070; 2001, 423; 2003, 1456)

SERVICES FOR ADOLESCENTS

      NRS 458.125  Requests for proposals; advancement of initial costs; staffing of Division.

      1.  The Division shall prepare requests for proposals for the provision by treatment providers of:

      (a) Residential treatment of adolescents with substance use disorders;

      (b) Outpatient treatment of adolescents with substance use disorders;

      (c) Comprehensive evaluations of adolescents with problems relating to substance use disorders or mental illness, or both; and

      (d) Transitional housing for adolescents with substance use disorders.

      2.  Upon accepting a proposal submitted in accordance with this section, the Division may advance not more than 8 percent of the amount of the proposal to the treatment provider that submitted the proposal to help defray the costs of starting the provision of the services, including, without limitation, the cost of beds, equipment and rental space for expansion.

      3.  The Division shall establish such requirements for the requests for proposals as it determines necessary.

      4.  The Division shall hire, to the extent of legislative authorization, such staff as it determines necessary to carry out the provisions of this section and NRS 458.131.

      (Added to NRS by 1999, 1873; A 2001, 423; 2005, 22nd Special Session, 62; 2015, 747)

      NRS 458.131  Biennial report of Division.  The Division shall, on or before September 1 of each odd-numbered year, submit to the Director of the Department of Health and Human Services a report covering the biennium ending on June 30 of that year. The report must include:

      1.  The name of each treatment provider that received money pursuant to NRS 458.125 during the biennium, and the amount of money that each treatment provider received for each type of service provided;

      2.  If a treatment provider received money pursuant to NRS 458.125 during the biennium to help defray the costs of starting the provision of services, the name of the treatment provider, the amount of money received and an accounting of how the money was used;

      3.  The number of adolescents who received any of the services described in NRS 458.125 from those treatment providers during the biennium, and the number of adolescents who were receiving those services as of the end of the biennium; and

      4.  As of the end of the biennium:

      (a) The number of adolescents on waiting lists to receive the services described in NRS 458.125; and

      (b) An estimate of the number of other adolescents in this State who are in need of the services described in NRS 458.125.

      (Added to NRS by 1999, 1873; A 2001, 423; 2005, 22nd Special Session, 62; 2015, 747)

PROTECTIVE CUSTODY OF PERSONS UNDER INFLUENCE OF CONTROLLED SUBSTANCE

      NRS 458.175  Powers and duties of peace officers.

      1.  If a peace officer arrests or takes into custody a person who is found in any public place unlawfully under the influence of a controlled substance and in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, the peace officer may deliver the person to a licensed facility for the treatment of persons with substance use disorders or other appropriate facility for observation and care.

      2.  A person who is unlawfully under the influence of a controlled substance who is arrested or taken into custody by a peace officer must immediately be taken to a secure detoxification unit or other appropriate medical facility if the person’s condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.

      3.  Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

      4.  As used in this section, “secure detoxification unit” includes, without limitation, a detoxification unit in which the staff of the detoxification unit ensures the security of the detoxification unit.

      (Added to NRS by 2003, 1454)

CIVIL PROTECTIVE CUSTODY OF PERSONS WITH AN ALCOHOL USE DISORDER

      NRS 458.250  Legislative declaration of purpose.  The Legislature finds and declares that the handling of persons with an alcohol use disorder within the criminal justice system is ineffective, whereas treating an alcohol use disorder as a health problem allows its prevention and treatment and relieves law enforcement agencies of a large and inappropriate burden. The provisions of NRS 458.250 to 458.280, inclusive, are intended to provide for the prevention of alcohol use disorders and the treatment of persons with an alcohol use disorder. The provisions of NRS 458.250 to 458.280, inclusive, are further intended to transfer the handling of public intoxication from statutes providing criminal sanctions, including, without limitation, loitering and vagrancy, to statutes providing for civil protective custody. To accomplish these purposes, the Department of Health and Human Services shall continue to direct itself to the problem of alcohol use disorders at large, attempting to combat the problem at the community level.

      (Added to NRS by 1973, 1059; A 1975, 1145; 2001, 425)

      NRS 458.260  Intoxication not public offense; exceptions.

      1.  Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:

      (a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.

      (b) Elements of an offense giving rise to a criminal penalty or civil sanction.

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

      (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

      (b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

      (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

      3.  This section does not make intoxication an excuse or defense for any criminal act.

      (Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333; 1999, 3406; 2005, 169)

      NRS 458.270  Procedure for placing person in civil protective custody.

      1.  Except as otherwise provided in subsection 7, a person who is found in any public place under the influence of alcohol, in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, must be placed under civil protective custody by a peace officer.

      2.  A peace officer may use upon such a person the kind and degree of force which would be lawful if the peace officer were effecting an arrest for a misdemeanor with a warrant.

      3.  If a licensed facility for the treatment of persons with an alcohol use disorder that has been certified by the Division for civil protective custody exists in the community where the person is found, the person must be delivered to the facility for observation and care. If no such facility exists in the community, the person so found may be placed in a county or city jail or detention facility for shelter or supervision for his or her health and safety until he or she is no longer under the influence of alcohol. The person may not be required against his or her will to remain in a licensed facility, jail or detention facility longer than 48 hours.

      4.  An intoxicated person taken into custody by a peace officer for a public offense must immediately be taken to a secure detoxification unit or other appropriate medical facility if the condition of the person appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.

      5.  The placement of a person found under the influence of alcohol in civil protective custody must be:

      (a) Recorded at the facility, jail or detention facility to which the person is delivered; and

      (b) Communicated at the earliest practical time to the person’s family or next of kin if they can be located.

      6.  Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.

      7.  The provisions of this section do not apply to a person who is apprehended or arrested for:

      (a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;

      (b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;

      (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and

      (d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.

      (Added to NRS by 1973, 1060; A 1975, 1145; 1989, 1181; 1997, 333; 1999, 3407; 2001, 425; 2005, 170; 2015, 748)

      NRS 458.280  Records of treatment facility and treatment provider confidential; exceptions.

      1.  Except as otherwise provided in subsection 2, NRS 439.538, 442.300 to 442.330, inclusive, and 449A.103 and chapter 629 of NRS, the registration and other records of a treatment facility and treatment provider are confidential and must not be disclosed to any person not connected with the treatment facility or treatment provider without the consent of the patient.

      2.  The provisions of subsection 1 do not restrict the use of a patient’s records for the purpose of research into the causes and treatment of alcoholism if such information is:

      (a) Not published in a way that discloses the patient’s name or other identifying information; or

      (b) Disclosed pursuant to NRS 439.538.

      (Added to NRS by 1975, 1144; A 1989, 2057; 1991, 2351; 1999, 3515; 2007, 1979; 2015, 749)

CIVIL COMMITMENT OF PERSONS WITH AN ALCOHOL OR OTHER SUBSTANCE USE DISORDER WHO HAVE BEEN CONVICTED OF CRIME

      NRS 458.290  “Person with a substance use disorder” defined.  Repealed. (See chapter 633, Statutes of Nevada 2019, at page 4488.)

 

      NRS 458.300  Eligibility for assignment to program of treatment.  Repealed. (See chapter 633, Statutes of Nevada 2019, at page 4488.)

 

      NRS 458.310  Hearing to determine whether defendant should receive treatment.  Repealed. (See chapter 633, Statutes of Nevada 2019, at page 4488.)

 

      NRS 458.320  Examination of defendant; determination of acceptability for treatment; imposition of conditions; deferment of sentencing; payment of costs of treatment.  Repealed. (See chapter 633, Statutes of Nevada 2019, at page 4488.)

 

      NRS 458.325  Completion of treatment under supervision of treatment provider in another jurisdiction.  Repealed. (See chapter 633, Statutes of Nevada 2019, at page 4488.)

 

      NRS 458.330  Deferment of sentencing; satisfaction of conditions for treatment; determination of transfer to another treatment provider or sentencing; sealing of records.  Repealed. (See chapter 633, Statutes of Nevada 2019, at page 4488.)

 

      NRS 458.340  Civil commitment not criminal conviction.  Repealed. (See chapter 633, Statutes of Nevada 2019, at page 4488.)

 

      NRS 458.350  State or political subdivision not required to provide treatment provider for treatment.  Repealed. (See chapter 633, Statutes of Nevada 2019, at page 4488.)

 

STATEWIDE SUBSTANCE USE RESPONSE WORKING GROUP

      NRS 458.450  “Working Group” defined.  As used in NRS 458.450 to 458.490, inclusive, unless the context otherwise requires, “Working Group” means the Statewide Substance Use Response Working Group created by NRS 458.460.

      (Added to NRS by 2021, 2857)

      NRS 458.460  Creation; membership; terms; vacancies; members serve without compensation; members holding public office or employed by governmental entity.

      1.  The Statewide Substance Use Response Working Group is hereby created in the Office of the Attorney General.

      2.  The Working Group consists of the following members:

      (a) The Attorney General or his or her designee;

      (b) The Director of the Department of Health and Human Services, or his or her designee;

      (c) One member of the Senate who is appointed by the Senate Majority Leader;

      (d) One member of the Senate who is appointed by the Senate Minority Leader;

      (e) One member of the Assembly who is appointed by the Speaker of the Assembly;

      (f) One member of the Assembly who is appointed by the Assembly Minority Leader; and

      (g) The following members, appointed by the Attorney General:

             (1) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is 700,000 or more;

             (2) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is 100,000 or more but less than 700,000;

             (3) One representative of a local governmental entity that provides or oversees the provision of human services in a county whose population is less than 100,000;

             (4) One provider of health care with expertise in medicine for the treatment of substance use disorders;

             (5) One representative of the Nevada Sheriffs’ and Chiefs’ Association, or its successor organization;

             (6) One advocate for persons who have substance use disorders and family members of such persons;

             (7) One person who is in recovery from a substance use disorder;

             (8) One person who provides services relating to the treatment of substance use disorders;

             (9) One representative of a substance use disorder prevention coalition;

             (10) One representative of a program to reduce the harm caused by substance misuse;

             (11) One representative of a hospital; and

             (12) One representative of a school district.

      3.  After the initial terms, members of the Working Group serve terms of 2 years and serve at the pleasure of the appointing authority. Members may be reappointed for additional terms of 2 years in the same manner as the original appointments.

      4.  If a vacancy occurs during a member’s term, the appointing authority shall appoint a replacement for the remainder of the unexpired term. A vacancy must be filled in the same manner as the original appointment.

      5.  Members of the Working Group serve without compensation and are not entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

      6.  A member of the Working Group 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 Working Group and perform any work necessary to carry out the duties of the Working Group 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 Working Group 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 Working Group; or

      (b) Take annual leave or compensatory time for the absence.

      7.  As used in this section, “substance use disorder prevention coalition” means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in a region of this State.

      (Added to NRS by 2021, 2857)

      NRS 458.470  Chair and Vice Chair; meetings; quorum.

      1.  At the first meeting of each calendar year, the Working Group shall elect from its members a Chair and a Vice Chair.

      2.  The Working Group shall meet at the call of the Chair or a majority of its members.

      3.  A majority of the members of the Working Group constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Working Group.

      (Added to NRS by 2021, 2859)

      NRS 458.480  Duties; report.

      1.  The Working Group shall:

      (a) Leverage and expand efforts by state and local governmental entities to reduce the use of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants, and identify ways to enhance those efforts through coordination and collaboration.

      (b) Assess evidence-based strategies for preventing substance use and intervening to stop substance use, including, without limitation, the use of heroin, other synthetic and non-synthetic opioids and stimulants. Such strategies must include, without limitation, strategies to:

             (1) Help persons at risk of a substance use disorder avoid developing a substance use disorder;

             (2) Discover potentially problematic substance use in a person and intervene before the person develops a substance use disorder;

            (3) Treat the medical consequences of a substance use disorder in a person and facilitate the treatment of the substance use disorder to minimize further harm; and

             (4) Reduce the harm caused by substance use, including, without limitation, by preventing overdoses.

      (c) Assess and evaluate existing pathways to treatment and recovery for persons with substance use disorders, including, without limitation, such persons who are members of special populations.

      (d) Work to understand how residents of this State who are involved in the criminal justice system access supports for treatment of and recovery from substance use disorders at various points, including, without limitation, by reviewing existing diversion, deflection and reentry programs for such persons.

      (e) Evaluate ways to improve and expand evidence-based or evidence-informed programs, procedures and strategies to treat and support recovery from opioid use disorder and any co-occurring substance use disorder, including, without limitation, among members of special populations.

      (f) Examine support systems and programs for persons who are in recovery from opioid use disorder and any co-occurring substance use disorder.

      (g) Make recommendations to entities including, without limitation, the State Board of Pharmacy, professional licensing boards that license practitioners, other than veterinarians, the State Board of Health, the Division, the Governor and the Legislature, to ensure that controlled substances are appropriately prescribed in accordance with the provisions of NRS 639.2391 to 639.23916, inclusive.

      (h) Examine qualitative and quantitative data to understand the risk factors that contribute to substance use and the rates of substance use and substance use disorders, focusing on special populations.

      (i) Develop strategies for local, state and federal law enforcement and public health agencies to respond to and prevent overdoses and plans for implementing those strategies.

      (j) Study the efficacy and expand the implementation of programs to:

             (1) Educate youth and families about the effects of substance use and substance use disorders; and

             (2) Reduce the harms associated with substance use and substance use disorders while referring persons with substance use disorders to evidence-based treatment.

      (k) Recommend strategies to improve coordination between local, state and federal law enforcement and public health agencies to enhance the communication of timely and relevant information relating to substance use and reduce duplicative data collection and research.

      (l) Evaluate current systems for sharing information between agencies regarding the trafficking and distribution of legal and illegal substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants.

      (m) Study the effects of substance use disorders on the criminal justice system, including, without limitation, law enforcement agencies and correctional institutions.

      (n) Study the sources and manufacturers of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants, and methods and resources for preventing the manufacture, trafficking and sale of such substances.

      (o) Study the effectiveness of criminal and civil penalties at preventing the misuse of substances and substance use disorders and the manufacture, trafficking and sale of substances which are associated with substance use disorders, including, without limitation, heroin, other synthetic and non-synthetic opioids and stimulants.

      (p) Evaluate the effects of substance use disorders on the economy of this State.

      (q) Study, evaluate and make recommendations to the Department of Health and Human Services concerning the use of the money described in NRS 458.490 to address substance use disorders, with a focus on:

             (1) The use of the money described in subsections 1, 2 and 3 of NRS 458.490 to supplement rather than supplant existing state or local spending;

             (2) The use of the money described in NRS 458.490 to support programs that use evidence-based interventions;

             (3) The use of the money described in NRS 458.490 to support programs for the prevention of substance use disorders in youth;

             (4) The use of the money described in NRS 458.490 to improve racial equity; and

             (5) Reporting by state and local agencies to the public concerning the funding of programs to address substance misuse and substance use disorders.

      2.  On or before January 31 of each year, the Working Group shall:

      (a) Compile a report which includes, without limitation, recommendations for the establishment, maintenance, expansion or improvement of programs to address substance misuse and substance use disorders based on the evaluations conducted pursuant to subsection 1; and

      (b) Submit the report to the Governor, the Attorney General, any other entities deemed appropriate by the Attorney General and the Director of the Legislative Counsel Bureau for transmittal to:

             (1) During an even-numbered year, the Joint Interim Standing Committee on Health and Human Services, the Joint Interim Standing Committee on the Judiciary and the Interim Finance Committee; or

             (2) During an odd-numbered year, the next regular session of the Legislature.

      3.  As used in this section:

      (a) “Practitioner” has the meaning ascribed to it in NRS 639.0125.

      (b) “Special populations” includes, without limitation:

             (1) Veterans, elderly persons and youth;

             (2) Persons who are incarcerated, persons who have committed nonviolent crimes primarily driven by a substance use disorder and other persons involved in the criminal justice or juvenile justice systems;

             (3) Pregnant women and the parents of dependent children;

             (4) Lesbian, gay, bisexual, transgender and questioning persons;

             (5) Intravenous drug users;

             (6) Children who are involved with the child welfare system; and

             (7) Other populations disproportionately impacted by substance use disorders.

      (c) “Substance use disorder prevention coalition” means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance misuse and substance use disorders in a region of this State.

      (Added to NRS by 2021, 2859)

      NRS 458.490  Report by Department of Health and Human Services to Working Group concerning use of certain money.  The Department of Health and Human Services shall annually submit to the Working Group a report concerning the use of:

      1.  All money received by this State pursuant to any settlement entered into by the State of Nevada concerning the manufacture, distribution, sale and marketing of opioids;

      2.  All money recovered by this State from a judgment in a civil action by the State of Nevada concerning the manufacture, distribution, sale and marketing of opioids;

      3.  Any gifts, grants or donations received by the State and each political subdivision of the State for purposes relating to substance misuse and substance use disorders; and

      4.  All other money spent by the State and each political subdivision of the State for purposes relating to substance misuse and substance use disorders.

      (Added to NRS by 2021, 2861)