REQUIRES TWO-THIRDS MAJORITY VOTE (§ 1)
A.B. 230
- *AB230*
ASSEMBLY BILL NO. 230–ASSEMBLYMEMBER MARZOLA
FEBRUARY 10, 2025
____________
Referred to Committee on Commerce and Labor
SUMMARY—Enacts the Audiology and Speech-Language
Pathology Interstate Compact. (BDR 54-568)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to health care; ratifying and entering into the
Audiology and Speech-Language Pathology Interstate
Compact; authorizing the sharing of certain information
with data systems created by the Compact; providing
audiologists and speech-language pathologists practicing
in this State under the Compact with the same legal status
as persons who are licensed to practice audiology and
speech-language pathology in this State; and providing
other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of audiologists and 1
speech-language pathologists in this State by the Speech-Language Pathology, 2
Audiology and Hearing Aid Dispensing Board. (Chapter 637B of NRS) Section 1 3
of this bill enacts the Audiology and Speech-Language Pathology Interstate 4
Compact, which allows a person who is licensed as an audiologist or speech-5
language pathologist in a state that is a member of the Compact to practice as an 6
audiologist or speech-language pathologist in other states that are members of the 7
Compact. In order to practice as an audiologist or speech-language pathologist 8
under the Compact, the Compact requires an audiologist or speech-language 9
pathologist to: (1) hold a license in his or her home state; (2) have no encumbrances 10
on his or her license; (3) meet certain other requirements for eligibility; (4) have 11
had no adverse actions taken against any license or authority to practice under the 12
Compact within the previous 2 years; (5) notify the Audiology and Speech-13
Language Pathology Compact Commission, a joint public body established by the 14
Compact, that he or she is seeking to practice under the Compact in another state; 15
(6) pay any applicable fees; and (7) report any adverse action taken against him or 16
her within 30 days after the date the adverse action is taken. The Compact 17
additionally requires a member state to recognize the right of an audiologist or 18
speech-language pathologist who is licensed by any member state to practice 19
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audiology or speech-language pathology, as applicable, through telehealth in any 20
member state under conditions prescribed by the Commission. The Compact also: 21
(1) authorizes a member state to take adverse action against an audiologist or 22
speech-language pathologist who is practicing in the member state under the 23
Compact; (2) authorizes the Commission to levy and collect assessments from 24
member states to cover the cost of its operations; and (3) creates a data system to 25
facilitate the sharing of certain information among member states. 26
With certain exceptions, existing law makes a complaint filed with the Board 27
and certain other documents and information related to such a complaint 28
confidential. (NRS 637B.288) Section 2 of this bill creates an exception to this 29
provision to, in general, authorize the Board to disclose such information to the data 30
system created by section 1 when required by the Compact. Section 4 of this bill 31
provides for the confidentiality of certain information disclosed through the data 32
system. 33
Section 3 of this bill deems practicing as an audiologist or speech-language 34
pathologist in this State under the Compact to be equivalent to practicing under a 35
license issued by the Board, thereby providing such persons with the same 36
authority, duties and legal protections as a licensee. 37
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 637B of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
The Audiology and Speech-Language Pathology Interstate 3
Compact is hereby ratified and entered into with all other 4
jurisdictions legally joining the Compact, in substantially the form 5
set forth in this section: 6
7
AUDIOLOGY AND SPEECH -LANGUAGE 8
PATHOLOGY INTERSTATE COMPACT 9
10
SECTION 1. PURPOSE 11
12
The purpose of this Compact is to facilitate interstate practice 13
of audiology and speech-language pathology with the goal of 14
improving public access to audiology and speech-language 15
pathology services. The practice of audiology and speech-16
language pathology occurs in the state where the 17
patient/client/student is located at the time of the 18
patient/client/student encounter. The Compact preserves 19
the regulatory authority of states to protect public health and 20
safety through the current system of state licensure. 21
This Compact is designed to achieve the following objectives: 22
1. Increase public access to audiology and speech-language 23
pathology services by providing for the mutual recognition of 24
other member state licenses; 25
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2. Enhance the states’ ability to protect the public’s health 1
and safety; 2
3. Encourage the cooperation of member states in regulating 3
multistate audiology and speech-language pathology practice; 4
4. Support spouses of relocating active duty military 5
personnel; 6
5. Enhance the exchange of licensure, investigative and 7
disciplinary information between member states; 8
6. Allow a remote state to hold a provider of services with a 9
compact privilege in that state accountable to that state’s practice 10
standards; and 11
7. Allow for the use of telehealth technology to facilitate 12
increased access to audiology and speech-language pathology 13
services. 14
15
SECTION 2. DEFINITIONS 16
17
As used in this Compact, and except as otherwise provided, the 18
following definitions shall apply: 19
A. “Active duty military” means full-time duty status in the 20
active uniformed service of the United States, including members 21
of the National Guard and Reserve on active duty orders pursuant 22
to 10 U.S.C. Chapter 1209 and 1211. 23
B. “Adverse action” means any administrative, civil, 24
equitable or criminal action permitted by a state’s laws which is 25
imposed by a licensing board or other authority against an 26
audiologist or speech-language pathologist, including actions 27
against an individual’s license or privilege to practice such as 28
revocation, suspension, probation, monitoring of the licensee, or 29
restriction on the licensee’s practice. 30
C. “Alternative program” means a non -disciplinary 31
monitoring process approved by an audiology or speech-language 32
pathology licensing board to address impaired practitioners. 33
D. “Audiologist” means an individual who is licensed by a 34
state to practice audiology. 35
E. “Audiology” means the care and services provided by a 36
licensed audiologist as set forth in the member state’s statutes and 37
rules. 38
F. “Audiology and Speech-Language Pathology Compact 39
Commission” or “Commission” means the national administrative 40
body whose membership consists of all states that have enacted the 41
Compact. 42
G. “Audiology and speech-language pathology licensing 43
board,” “audiology licensing board,” “speech-language pathology 44
licensing board,” or “licensing board” means the agency of a state 45
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that is responsible for the licensing and regulation of audiologists 1
and/or speech-language pathologists. 2
H. “Compact privilege” means the authorization granted by a 3
remote state to allow a licensee from another member state to 4
practice as an audiologist or speech-language pathologist in the 5
remote state under its laws and rules. The practice of audiology or 6
speech-language pathology occurs in the member state where the 7
patient/client/student is located at the time of the 8
patient/client/student encounter. 9
I. “Current significant investigative information” means 10
investigative information that a licensing board, after an inquiry 11
or investigation that includes notification and an opportunity for 12
the audiologist or speech-language pathologist to respond, if 13
required by state law, has reason to believe is not groundless and, 14
if proved true, would indicate more than a minor infraction. 15
J. “Data system” means a repository of information about 16
licensees, including, but not limited to, continuing education, 17
examination, licensure, investigative, compact privilege and 18
adverse action. 19
K. “Encumbered license” means a license in which an 20
adverse action restricts the practice of audiology or speech-21
language pathology by the licensee and said adverse action has 22
been reported to the National Practitioners Data Bank (NPDB). 23
L. “Executive Committee” means a group of directors elected 24
or appointed to act on behalf of, and within the powers granted to 25
them by, the Commission. 26
M. “Home state” means the member state that is the 27
licensee’s primary state of residence. 28
N. “Impaired practitioner” means individuals whose 29
professional practice is adversely affected by substance abuse, 30
addiction, or other health-related conditions. 31
O. “Licensee” means an individual who currently holds an 32
authorization from the state licensing board to practice as an 33
audiologist or speech-language pathologist. 34
P. “Member state” means a state that has enacted the 35
Compact. 36
Q. “Privilege to practice” means a legal authorization 37
permitting the practice of audiology or speech-language pathology 38
in a remote state. 39
R. “Remote state” means a member state other than the home 40
state where a licensee is exercising or seeking to exercise the 41
compact privilege. 42
S. “Rule” means a regulation, principle or directive 43
promulgated by the Commission that has the force of law. 44
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T. “Single-state license” means an audiology or speech-1
language pathology license issued by a member state that 2
authorizes practice only within the issuing state and does not 3
include a privilege to practice in any other member state. 4
U. “Speech-language pathologist” means an individual who 5
is licensed by a state to practice speech-language pathology. 6
V. “Speech-language pathology” means the care and services 7
provided by a licensed speech-language pathologist as set forth in 8
the member state’s statutes and rules. 9
W. “State” means any state, commonwealth, district or 10
territory of the United States of America that regulates the practice 11
of audiology and speech-language pathology. 12
X. “State practice laws” means a member state’s laws, rules 13
and regulations that govern the practice of audiology or speech-14
language pathology, define the scope of audiology or speech-15
language pathology practice, and create the methods and grounds 16
for imposing discipline. 17
Y. “Telehealth” means the application of telecommunication 18
technology to deliver audiology or speech-language pathology 19
services at a distance for assessment, intervention and/or 20
consultation. 21
22
SECTION 3. STATE PARTICIPATION IN THE COMPACT 23
24
A. A license issued to an audiologist or speech-language 25
pathologist by a home state to a resident in that state shall be 26
recognized by each member state as authorizing an audiologist or 27
speech-language pathologist to practice audiology or speech-28
language pathology, under a privilege to practice, in each member 29
state. 30
B. A state must implement or utilize procedures for 31
considering the criminal history records of applicants for initial 32
privilege to practice. These procedures shall include the 33
submission of fingerprints or other biometric-based information 34
by applicants for the purpose of obtaining an applicant’s criminal 35
history record information from the Federal Bureau of 36
Investigation and the agency responsible for retaining that state’s 37
criminal records. 38
1. A member state must fully implement a criminal 39
background check requirement, within a time frame established by 40
rule, by receiving the results of the Federal Bureau of 41
Investigation record search on criminal background checks and 42
use the results in making licensure decisions. 43
2. Communication between a member state, the 44
Commission and among member states regarding the verification 45
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of eligibility for licensure through the Compact shall not include 1
any information received from the Federal Bureau of 2
Investigation relating to a federal criminal records check 3
performed by a member state under Public Law 92-544. 4
C. Upon application for a privilege to practice, the licensing 5
board in the issuing remote state shall ascertain, through the data 6
system, whether the applicant has ever held, or is the holder of, a 7
license issued by any other state, whether there are any 8
encumbrances on any license or privilege to practice held by the 9
applicant, whether any adverse action has been taken against any 10
license or privilege to practice held by the applicant. 11
D. Each member state shall require an applicant to obtain or 12
retain a license in the home state and meet the home state’s 13
qualifications for licensure or renewal of licensure, as well as, all 14
other applicable state laws. 15
E. For an audiologist: 16
1. Must meet one of the following educational 17
requirements: 18
a. On or before, Dec. 31, 2007, has graduated with a 19
master’s degree or doctorate in audiology, or equivalent degree 20
regardless of degree name, from a program that is accredited by 21
an accrediting agency recognized by the Council for Higher 22
Education Accreditation, or its successor, or by the United States 23
Department of Education and operated by a college or university 24
accredited by a regional or national accrediting organization 25
recognized by the board; or 26
b. On or after, Jan. 1, 2008, has graduated with a 27
Doctoral degree in audiology, or equivalent degree, regardless of 28
degree name, from a program that is accredited by an accrediting 29
agency recognized by the Council for Higher Education 30
Accreditation, or its successor, or by the United States Department 31
of Education and operated by a college or university accredited by 32
a regional or national accrediting organization recognized by the 33
board; or 34
c. Has graduated from an audiology program that is 35
housed in an institution of higher education outside of the United 36
States (a) for which the program and institution have been 37
approved by the authorized accrediting body in the applicable 38
country and (b) the degree program has been verified by an 39
independent credentials review agency to be comparable to a state 40
licensing board-approved program. 41
2. Has completed a supervised clinical practicum 42
experience from an accredited educational institution or its 43
cooperating programs as required by the Commission; 44
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3. Has successfully passed a national examination 1
approved by the Commission; 2
4. Holds an active, unencumbered license; 3
5. Has not been convicted or found guilty, and has not 4
entered into an agreed disposition, of a felony related to the 5
practice of audiology, under applicable state or federal criminal 6
law; 7
6. Has a valid United States Social Security or National 8
Practitioner Identification number. 9
F. For a speech-language pathologist: 10
1. Must meet one of the following educational 11
requirements: 12
a. Has graduated with a master’s degree from a speech-13
language pathology program that is accredited by an organization 14
recognized by the United States Department of Education and 15
operated by a college or university accredited by a regional or 16
national accrediting organization recognized by the board; or 17
b. Has graduated from a speech-language pathology 18
program that is housed in an institution of higher education 19
outside of the United States (a) for which the program and 20
institution have been approved by the authorized accrediting body 21
in the applicable country and (b) the degree program has been 22
verified by an independent credentials review agency to be 23
comparable to a state licensing board-approved program. 24
2. Has completed a supervised clinical practicum 25
experience from an educational institution or its cooperating 26
programs as required by the Commission; 27
3. Has completed a supervised postgraduate professional 28
experience as required by the Commission; 29
4. Has successfully passed a national examination 30
approved by the Commission; 31
5. Holds an active, unencumbered license; 32
6. Has not been convicted or found guilty, and has not 33
entered into an agreed disposition, of a felony related to the 34
practice of speech-language pathology, under applicable state or 35
federal criminal law; 36
7. Has a valid United States Social Security or National 37
Practitioner Identification number. 38
G. The privilege to practice is derived from the home state 39
license. 40
H. An audiologist or speech-language pathologist practicing 41
in a member state must comply with the state practice laws of the 42
state in which the client is located at the time service is provided. 43
The practice of audiology and speech-language pathology shall 44
include all audiology and speech-language pathology practice as 45
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defined by the state practice laws of the member state in which the 1
client is located. The practice of audiology and speech-language 2
pathology in a member state under a privilege to practice shall 3
subject an audiologist or speech-language pathologist to the 4
jurisdiction of the licensing board, the courts and the laws of the 5
member state in which the client is located at the time service is 6
provided. 7
I. Individuals not residing in a member state shall continue to 8
be able to apply for a member state’s single-state license as 9
provided under the laws of each member state. However, the 10
single-state license granted to these individuals shall not be 11
recognized as granting the privilege to practice audiology or 12
speech-language pathology in any other member state. Nothing in 13
this Compact shall affect the requirements established by a 14
member state for the issuance of a single-state license. 15
J. Member states may charge a fee for granting a compact 16
privilege. 17
K. Member states must comply with the bylaws and rules and 18
regulations of the Commission. 19
20
SECTION 4. COMPACT PRIVILEGE 21
22
A. To exercise the compact privilege under the terms and 23
provisions of the Compact, the audiologist or speech-language 24
pathologist shall: 25
1. Hold an active license in the home state; 26
2. Have no encumbrance on any state license; 27
3. Be eligible for a compact privilege in any member state 28
in accordance with Section 3; 29
4. Have not had any adverse action against any license or 30
compact privilege within the previous 2 years from date of 31
application; 32
5. Notify the Commission that the licensee is seeking the 33
compact privilege within a remote state(s); 34
6. Pay any applicable fees, including any state fee, for the 35
compact privilege; 36
7. Report to the Commission adverse action taken by any 37
non-member state within 30 days from the date the adverse action 38
is taken. 39
B. For the purposes of the compact privilege, an audiologist 40
or speech-language pathologist shall only hold one home state 41
license at a time. 42
C. Except as provided in Section 6, if an audiologist or 43
speech-language pathologist changes primary state of residence by 44
moving between two-member states, the audiologist or 45
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speech-language pathologist must apply for licensure in the new 1
home state, and the license issued by the prior home state shall be 2
deactivated in accordance with applicable rules adopted by the 3
Commission. 4
D. The audiologist or speech-language pathologist may apply 5
for licensure in advance of a change in primary state of residence. 6
E. A license shall not be issued by the new home state until 7
the audiologist or speech-language pathologist provides 8
satisfactory evidence of a change in primary state of residence to 9
the new home state and satisfies all applicable requirements to 10
obtain a license from the new home state. 11
F. If an audiologist or speech-language pathologist changes 12
primary state of residence by moving from a member state to a 13
non-member state, the license issued by the prior home state shall 14
convert to a single-state license, valid only in the former home 15
state. 16
G. The compact privilege is valid until the expiration date of 17
the home state license. The licensee must comply with the 18
requirements of Section 4A to maintain the compact privilege in 19
the remote state. 20
H. A licensee providing audiology or speech-language 21
pathology services in a remote state under the compact privilege 22
shall function within the laws and regulations of the remote state. 23
I. A licensee providing audiology or speech-language 24
pathology services in a remote state is subject to that state’s 25
regulatory authority. A remote state may, in accordance with due 26
process and that state’s laws, remove a licensee’s compact 27
privilege in the remote state for a specific period of time, impose 28
fines, and/or take any other necessary actions to protect the health 29
and safety of its citizens. 30
J. If a home state license is encumbered, the licensee shall 31
lose the compact privilege in any remote state until the following 32
occur: 33
1. The home state license is no longer encumbered; and 34
2. Two years have elapsed from the date of the adverse 35
action. 36
K. Once an encumbered license in the home state is restored 37
to good standing, the licensee must meet the requirements of 38
Section 4A to obtain a compact privilege in any remote state. 39
L. Once the requirements of Section 4J have been met, the 40
licensee must meet the requirements in Section 4A to obtain a 41
compact privilege in a remote state. 42
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SECTION 5. COMPACT PRIVILEGE 1
TO PRACTICE TELEHEALTH 2
3
Member states shall recognize the right of an audiologist or 4
speech-language pathologist, licensed by a home state in 5
accordance with Section 3 and under rules promulgated by the 6
Commission, to practice audiology or speech-language pathology 7
in any member state via telehealth under a privilege to practice as 8
provided in the Compact and rules promulgated by the 9
Commission. 10
11
SECTION 6. ACTIVE DUTY MILITARY 12
PERSONNEL OR THEIR SPOUSES 13
14
Active duty military personnel, or their spouse, shall designate 15
a home state where the individual has a current license in good 16
standing. The individual may retain the home state designation 17
during the period the service member is on active duty. 18
Subsequent to designating a home state, the individual shall only 19
change their home state through application for licensure in the 20
new state. 21
22
SECTION 7. ADVERSE ACTIONS 23
24
A. In addition to the other powers conferred by state law, a 25
remote state shall have the authority, in accordance with existing 26
state due process law, to: 27
1. Take adverse action against an audiologist’s or speech-28
language pathologist’s privilege to practice within that member 29
state. 30
2. Issue subpoenas for both hearings and investigations 31
that require the attendance and testimony of witnesses as well as 32
the production of evidence. Subpoenas issued by a licensing board 33
in a member state for the attendance and testimony of witnesses or 34
the production of evidence from another member state shall be 35
enforced in the latter state by any court of competent jurisdiction, 36
according to the practice and procedure of that court applicable to 37
subpoenas issued in proceedings pending before it. The issuing 38
authority shall pay any witness fees, travel expenses, mileage and 39
other fees required by the service statutes of the state in which the 40
witnesses or evidence are located. 41
3. Only the home state shall have the power to take adverse 42
action against a audiologist’s or speech-language pathologist’s 43
license issued by the home state. 44
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B. For purposes of taking adverse action, the home state shall 1
give the same priority and effect to reported conduct received from 2
a member state as it would if the conduct had occurred within the 3
home state. In so doing, the home state shall apply its own state 4
laws to determine appropriate action. 5
C. The home state shall complete any pending investigations 6
of an audiologist or speech-language pathologist who changes 7
primary state of residence during the course of the investigations. 8
The home state shall also have the authority to take appropriate 9
action(s) and shall promptly report the conclusions of the 10
investigations to the administrator of the data system. The 11
administrator of the coordinated licensure information system 12
shall promptly notify the new home state of any adverse actions. 13
D. If otherwise permitted by state law, the member state may 14
recover from the affected audiologist or speech-language 15
pathologist the costs of investigations and disposition of cases 16
resulting from any adverse action taken against that audiologist or 17
speech-language pathologist. 18
E. The member state may take adverse action based on the 19
factual findings of the remote state, provided that the member 20
state follows the member state’s own procedures for taking the 21
adverse action. 22
F. Joint Investigations 23
1. In addition to the authority granted to a member state by 24
its respective audiology or speech-language pathology practice act 25
or other applicable state law, any member state may participate 26
with other member states in joint investigations of licensees. 27
2. Member states shall share any investigative, litigation, or 28
compliance materials in furtherance of any joint or individual 29
investigation initiated under the Compact. 30
G. If adverse action is taken by the home state against an 31
audiologist’s or speech-language pathologist’s license, the 32
audiologist’s or speech-language pathologist’s privilege to practice 33
in all other member states shall be deactivated until all 34
encumbrances have been removed from the state license. All home 35
state disciplinary orders that impose adverse action against an 36
audiologist’s or speech-language pathologist’s license shall 37
include a statement that the audiologist’s or speech-language 38
pathologist’s privilege to practice is deactivated in all member 39
states during the pendency of the order. 40
H. If a member state takes adverse action, it shall promptly 41
notify the administrator of the data system. The administrator of 42
the data system shall promptly notify the home state of any adverse 43
actions by remote states. 44
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I. Nothing in this Compact shall override a member state’s 1
decision that participation in an alternative program may be used 2
in lieu of adverse action. 3
4
SECTION 8. ESTABLISHMENT OF THE 5
AUDIOLOGY AND SPEECH -LANGUAGE 6
PATHOLOGY COMPACT COMMISSION 7
8
A. The Compact member states hereby create and establish a 9
joint public agency known as the Audiology and Speech-Language 10
Pathology Compact Commission: 11
1. The Commission is an instrumentality of the Compact 12
states. 13
2. Venue is proper and judicial proceedings by or against 14
the Commission shall be brought solely and exclusively in a court 15
of competent jurisdiction where the principal office of the 16
Commission is located. The Commission may waive venue and 17
jurisdictional defenses to the extent it adopts or consents to 18
participate in alternative dispute resolution proceedings. 19
3. Nothing in this Compact shall be construed to be a 20
waiver of sovereign immunity. 21
B. Membership, Voting and Meetings 22
1. Each member state shall have two (2) delegates selected 23
by that member state’s licensing board. The delegates shall be 24
current members of the licensing board. One shall be an 25
audiologist and one shall be a speech-language pathologist. 26
2. An additional five (5) delegates, who are either a public 27
member or board administrator from a state licensing board, shall 28
be chosen by the Executive Committee from a pool of nominees 29
provided by the Commission at Large. 30
3. Any delegate may be removed or suspended from office 31
as provided by the law of the state from which the delegate is 32
appointed. 33
4. The member state board shall fill any vacancy occurring 34
on the Commission, within 90 days. 35
5. Each delegate shall be entitled to one (1) vote with 36
regard to the promulgation of rules and creation of bylaws and 37
shall otherwise have an opportunity to participate in the business 38
and affairs of the Commission. 39
6. A delegate shall vote in person or by other means as 40
provided in the bylaws. The bylaws may provide for delegates’ 41
participation in meetings by telephone or other means of 42
communication. 43
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7. The Commission shall meet at least once during each 1
calendar year. Additional meetings shall be held as set forth in the 2
bylaws. 3
C. The Commission shall have the following powers and 4
duties: 5
1. Establish the fiscal year of the Commission; 6
2. Establish bylaws; 7
3. Establish a Code of Ethics; 8
4. Maintain its financial records in accordance with the 9
bylaws; 10
5. Meet and take actions as are consistent with the 11
provisions of this Compact and the bylaws; 12
6. Promulgate uniform rules to facilitate and coordinate 13
implementation and administration of this Compact. The rules 14
shall have the force and effect of law and shall be binding in all 15
member states; 16
7. Bring and prosecute legal proceedings or actions in the 17
name of the Commission, provided that the standing of any state 18
audiology or speech-language pathology licensing board to sue or 19
be sued under applicable law shall not be affected; 20
8. Purchase and maintain insurance and bonds; 21
9. Borrow, accept, or contract for services of personnel, 22
including, but not limited to, employees of a member state; 23
10. Hire employees, elect or appoint officers, fix 24
compensation, define duties, grant individuals appropriate 25
authority to carry out the purposes of the Compact, and to 26
establish the Commission’s personnel policies and programs 27
relating to conflicts of interest, qualifications of personnel, and 28
other related personnel matters; 29
11. Accept any and all appropriate donations and grants of 30
money, equipment, supplies, materials and services, and to receive, 31
utilize and dispose of the same; provided that at all times the 32
Commission shall avoid any appearance of impropriety and/or 33
conflict of interest; 34
12. Lease, purchase, accept appropriate gifts or donations 35
of, or otherwise to own, hold, improve or use, any property, real, 36
personal or mixed; provided that at all times the Commission shall 37
avoid any appearance of impropriety; 38
13. Sell, convey, mortgage, pledge, lease, exchange, 39
abandon, or otherwise dispose of any property real, personal, or 40
mixed; 41
14. Establish a budget and make expenditures; 42
15. Borrow money; 43
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16. Appoint committees, including standing committees 1
composed of members, and other interested persons as may be 2
designated in this Compact and the bylaws; 3
17. Provide and receive information from, and cooperate 4
with, law enforcement agencies; 5
18. Establish and elect an Executive Committee; and 6
19. Perform other functions as may be necessary or 7
appropriate to achieve the purposes of this Compact consistent 8
with the state regulation of audiology and speech-language 9
pathology licensure and practice. 10
D. The Executive Committee 11
The Executive Committee shall have the power to act on behalf 12
of the Commission according to the terms of this Compact: 13
1. The Executive Committee shall be composed of ten (10) 14
members: 15
a. Seven (7) voting members who are elected by the 16
Commission from the current membership of the Commission; 17
b. Two (2) ex-officios, consisting of one nonvoting 18
member from a recognized national audiology professional 19
association and one nonvoting member from a recognized 20
national speech-language pathology association; and 21
c. One (1) ex-officio, nonvoting member from the 22
recognized membership organization of the audiology and speech-23
language pathology licensing boards. 24
E. The ex-officio members shall be selected by their 25
respective organizations. 26
1. The Commission may remove any member of the 27
Executive Committee as provided in bylaws. 28
2. The Executive Committee shall meet at least annually. 29
3. The Executive Committee shall have the following duties 30
and responsibilities: 31
a. Recommend to the entire Commission changes to the 32
rules or bylaws, changes to this Compact legislation, fees paid by 33
Compact member states such as annual dues, and any commission 34
Compact fee charged to licensees for the compact privilege; 35
b. Ensure Compact administration services are 36
appropriately provided, contractual or otherwise; 37
c. Prepare and recommend the budget; 38
d. Maintain financial records on behalf of the 39
Commission; 40
e. Monitor Compact compliance of member states and 41
provide compliance reports to the Commission; 42
f. Establish additional committees as necessary; and 43
g. Other duties as provided in rules or bylaws. 44
4. Meetings of the Commission 45
– 15 –
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All meetings shall be open to the public, and public notice of 1
meetings shall be given in the same manner as required under the 2
rulemaking provisions in Section 10. 3
5. The Commission or the Executive Committee or other 4
committees of the Commission may convene in a closed, non-5
public meeting if the Commission or Executive Committee or 6
other committees of the Commission must discuss: 7
a. Non-compliance of a member state with its 8
obligations under the Compact; 9
b. The employment, compensation, discipline or other 10
matters, practices or procedures related to specific employees or 11
other matters related to the Commission’s internal personnel 12
practices and procedures; 13
c. Current, threatened, or reasonably anticipated 14
litigation; 15
d. Negotiation of contracts for the purchase, lease, or 16
sale of goods, services, or real estate; 17
e. Accusing any person of a crime or formally censuring 18
any person; 19
f. Disclosure of trade secrets or commercial or financial 20
information that is privileged or confidential; 21
g. Disclosure of information of a personal nature where 22
disclosure would constitute a clearly unwarranted invasion of 23
personal privacy; 24
h. Disclosure of investigative records compiled for law 25
enforcement purposes; 26
i. Disclosure of information related to any investigative 27
reports prepared by or on behalf of or for use of the Commission 28
or other committee charged with responsibility of investigation or 29
determination of compliance issues pursuant to the Compact; or 30
j. Matters specifically exempted from disclosure by 31
federal or member state statute. 32
6. If a meeting, or portion of a meeting, is closed pursuant 33
to this provision, the Commission’s legal counsel or designee shall 34
certify that the meeting may be closed and shall reference each 35
relevant exempting provision. 36
7. The Commission shall keep minutes that fully and 37
clearly describe all matters discussed in a meeting and shall 38
provide a full and accurate summary of actions taken, and the 39
reasons therefore, including a description of the views expressed. 40
All documents considered in connection with an action shall be 41
identified in minutes. All minutes and documents of a closed 42
meeting shall remain under seal, subject to release by a majority 43
vote of the Commission or order of a court of competent 44
jurisdiction. 45
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8. Financing of the Commission 1
a. The Commission shall pay, or provide for the 2
payment of, the reasonable expenses of its establishment, 3
organization, and ongoing activities. 4
b. The Commission may accept any and all appropriate 5
revenue sources, donations, and grants of money, equipment, 6
supplies, materials, and services. 7
c. The Commission may levy on and collect an annual 8
assessment from each member state or impose fees on other 9
parties to cover the cost of the operations and activities of the 10
Commission and its staff, which must be in a total amount 11
sufficient to cover its annual budget as approved each year for 12
which revenue is not provided by other sources. The aggregate 13
annual assessment amount shall be allocated based upon a 14
formula to be determined by the Commission, which shall 15
promulgate a rule binding upon all member states. 16
9. The Commission shall not incur obligations of any kind 17
prior to securing the funds adequate to meet the same; nor shall 18
the Commission pledge the credit of any of the member states, 19
except by and with the authority of the member state. 20
10. The Commission shall keep accurate accounts of all 21
receipts and disbursements. The receipts and disbursements of the 22
Commission shall be subject to the audit and accounting 23
procedures established under its bylaws. However, all receipts and 24
disbursements of funds handled by the Commission shall be 25
audited yearly by a certified or licensed public accountant, and the 26
report of the audit shall be included in and become part of the 27
annual report of the Commission. 28
F. Qualified Immunity, Defense, and Indemnification 29
1. The members, officers, executive director, employees and 30
representatives of the Commission shall be immune from suit and 31
liability, either personally or in their official capacity, for any 32
claim for damage to or loss of property or personal injury or other 33
civil liability caused by or arising out of any actual or alleged act, 34
error or omission that occurred, or that the person against whom 35
the claim is made had a reasonable basis for believing occurred 36
within the scope of Commission employment, duties or 37
responsibilities; provided that nothing in this paragraph shall be 38
construed to protect any person from suit and/or liability for any 39
damage, loss, injury, or liability caused by the intentional or 40
willful or wanton misconduct of that person. 41
2. The Commission shall defend any member, officer, 42
executive director, employee or representative of the Commission 43
in any civil action seeking to impose liability arising out of any 44
actual or alleged act, error, or omission that occurred within the 45
– 17 –
- *AB230*
scope of Commission employment, duties, or responsibilities, or 1
that the person against whom the claim is made had a reasonable 2
basis for believing occurred within the scope of Commission 3
employment, duties, or responsibilities; provided that nothing 4
herein shall be construed to prohibit that person from retaining 5
his or her own counsel; and provided further, that the actual or 6
alleged act, error, or omission did not result from that person’s 7
intentional or willful or wanton misconduct. 8
3. The Commission shall indemnify and hold harmless any 9
member, officer, executive director, employee, or representative of 10
the Commission for the amount of any settlement or judgment 11
obtained against that person arising out of any actual or alleged 12
act, error or omission that occurred within the scope of 13
Commission employment, duties, or responsibilities, or that person 14
had a reasonable basis for believing occurred within the scope of 15
Commission employment, duties, or responsibilities, provided that 16
the actual or alleged act, error, or omission did not result from the 17
intentional or willful or wanton misconduct of that person. 18
19
SECTION 9. DATA SYSTEM 20
21
A. The Commission shall provide for the development, 22
maintenance, and utilization of a coordinated database and 23
reporting system containing licensure, adverse action, and 24
investigative information on all licensed individuals in member 25
states. 26
B. Notwithstanding any other provision of state law to the 27
contrary, a member state shall submit a uniform data set to the 28
data system on all individuals to whom this Compact is applicable 29
as required by the rules of the Commission, including: 30
1. Identifying information; 31
2. Licensure data; 32
3. Adverse actions against a license or compact privilege; 33
4. Non-confidential information related to alternative 34
program participation; 35
5. Any denial of application for licensure, and the reason(s) 36
for denial; and 37
6. Other information that may facilitate the administration 38
of this Compact, as determined by the rules of the Commission. 39
C. Investigative information pertaining to a licensee in any 40
member state shall only be available to other member states. 41
D. The Commission shall promptly notify all member states 42
of any adverse action taken against a licensee or an individual 43
applying for a license. Adverse action information pertaining to a 44
– 18 –
- *AB230*
licensee in any member state shall be available to any other 1
member state. 2
E. Member states contributing information to the data system 3
may designate information that may not be shared with the public 4
without the express permission of the contributing state. 5
F. Any information submitted to the data system that is 6
subsequently required to be expunged by the laws of the member 7
state contributing the information shall be removed from the data 8
system. 9
10
SECTION 10. RULEMAKING 11
12
A. The Commission shall exercise its rulemaking powers 13
pursuant to the criteria set forth in this Section and the rules 14
adopted thereunder. Rules and amendments shall become binding 15
as of the date specified in each rule or amendment. 16
B. If a majority of the legislatures of the member states 17
rejects a rule, by enactment of a statute or resolution in the same 18
manner used to adopt the Compact within 4 years of the date of 19
adoption of the rule, the rule shall have no further force and effect 20
in any member state. 21
C. Rules or amendments to the rules shall be adopted at a 22
regular or special meeting of the Commission. 23
D. Prior to promulgation and adoption of a final rule or rules 24
by the Commission, and at least thirty (30) days in advance of the 25
meeting at which the rule shall be considered and voted upon, the 26
Commission shall file a Notice of Proposed Rulemaking: 27
1. On the website of the Commission or other publicly 28
accessible platform; and 29
2. On the website of each member state audiology or 30
speech-language pathology licensing board or other publicly 31
accessible platform or the publication in which each state would 32
otherwise publish proposed rules. 33
E. The Notice of Proposed Rulemaking shall include: 34
1. The proposed time, date, and location of the meeting in 35
which the rule shall be considered and voted upon; 36
2. The text of the proposed rule or amendment and the 37
reason for the proposed rule; 38
3. A request for comments on the proposed rule from any 39
interested person; and 40
4. The manner in which interested persons may submit 41
notice to the Commission of their intention to attend the public 42
hearing and any written comments. 43
– 19 –
- *AB230*
F. Prior to the adoption of a proposed rule, the Commission 1
shall allow persons to submit written data, facts, opinions and 2
arguments, which shall be made available to the public. 3
G. The Commission shall grant an opportunity for a public 4
hearing before it adopts a rule or amendment if a hearing is 5
requested by: 6
1. At least twenty-five (25) persons; 7
2. A state or federal governmental subdivision or agency; 8
or 9
3. An association having at least twenty-five (25) members. 10
H. If a hearing is held on the proposed rule or amendment, 11
the Commission shall publish the place, time, and date of the 12
scheduled public hearing. If the hearing is held via electronic 13
means, the Commission shall publish the mechanism for access to 14
the electronic hearing. 15
1. All persons wishing to be heard at the hearing shall 16
notify the executive director of the Commission or other 17
designated member in writing of their desire to appear and testify 18
at the hearing not less than five (5) business days before the 19
scheduled date of the hearing. 20
2. Hearings shall be conducted in a manner providing each 21
person who wishes to comment a fair and reasonable opportunity 22
to comment orally or in writing. 23
3. All hearings shall be recorded. A copy of the recording 24
shall be made available on request. 25
4. Nothing in this section shall be construed as requiring a 26
separate hearing on each rule. Rules may be grouped for the 27
convenience of the Commission at hearings required by this 28
section. 29
I. Following the scheduled hearing date, or by the close of 30
business on the scheduled hearing date if the hearing was not 31
held, the Commission shall consider all written and oral comments 32
received. 33
J. If no written notice of intent to attend the public hearing 34
by interested parties is received, the Commission may proceed with 35
promulgation of the proposed rule without a public hearing. 36
K. The Commission shall, by majority vote of all members, 37
take final action on the proposed rule and shall determine the 38
effective date of the rule, if any, based on the rulemaking record 39
and the full text of the rule. 40
L. Upon determination that an emergency exists, the 41
Commission may consider and adopt an emergency rule without 42
prior notice, opportunity for comment, or hearing, provided that 43
the usual rulemaking procedures provided in the Compact and in 44
this section shall be retroactively applied to the rule as soon as 45
– 20 –
- *AB230*
reasonably possible, in no event later than ninety (90) days after 1
the effective date of the rule. For the purposes of this provision, an 2
emergency rule is one that must be adopted immediately in order 3
to: 4
1. Meet an imminent threat to public health, safety, or 5
welfare; 6
2. Prevent a loss of Commission or member state funds; or 7
3. Meet a deadline for the promulgation of an 8
administrative rule that is established by federal law or rule. 9
M. The Commission or an authorized committee of the 10
Commission may direct revisions to a previously adopted rule or 11
amendment for purposes of correcting typographical errors, errors 12
in format, errors in consistency, or grammatical errors. Public 13
notice of any revisions shall be posted on the website of the 14
Commission. The revision shall be subject to challenge by any 15
person for a period of thirty (30) days after posting. The revision 16
may be challenged only on grounds that the revision results in a 17
material change to a rule. A challenge shall be made in writing 18
and delivered to the chair of the Commission prior to the end of 19
the notice period. If no challenge is made, the revision shall take 20
effect without further action. If the revision is challenged, the 21
revision may not take effect without the approval of the 22
Commission. 23
24
SECTION 11. OVERSIGHT, DISPUTE 25
RESOLUTION, AND ENFORCEMENT 26
27
A. Dispute Resolution 28
1. Upon request by a member state, the Commission shall 29
attempt to resolve disputes related to the Compact that arise 30
among member states and between member and non-member 31
states. 32
2. The Commission shall promulgate a rule providing for 33
both mediation and binding dispute resolution for disputes as 34
appropriate. 35
B. Enforcement 36
1. The Commission, in the reasonable exercise of its 37
discretion, shall enforce the provisions and rules of this Compact. 38
2. By majority vote, the Commission may initiate legal 39
action in the United States District Court for the District of 40
Columbia or the federal district where the Commission has its 41
principal offices against a member state in default to enforce 42
compliance with the provisions of the Compact and its 43
promulgated rules and bylaws. The relief sought may include both 44
injunctive relief and damages. In the event judicial enforcement is 45
– 21 –
- *AB230*
necessary, the prevailing member shall be awarded all costs of 1
litigation, including reasonable attorney’s fees. 2
3. The remedies herein shall not be the exclusive remedies 3
of the Commission. The Commission may pursue any other 4
remedies available under federal or state law. 5
6
SECTION 12. DATE OF IMPLEMENTATION 7
OF THE INTERSTATE COMMISSION FOR 8
AUDIOLOGY AND SPEECH-LANGUAGE 9
PATHOLOGY PRACTICE AND ASSOCIATED 10
RULES, WITHDRAWAL, AND AMENDMENT 11
12
A. The Compact shall come into effect on the date on which 13
the Compact statute is enacted into law in the 10th member state. 14
The provisions, which become effective at that time, shall be 15
limited to the powers granted to the Commission relating to 16
assembly and the promulgation of rules. Thereafter, the 17
Commission shall meet and exercise rulemaking powers necessary 18
to the implementation and administration of the Compact. 19
B. Any state that joins the Compact subsequent to the 20
Commission’s initial adoption of the rules shall be subject to the 21
rules as they exist on the date on which the Compact becomes law 22
in that state. Any rule that has been previously adopted by the 23
Commission shall have the full force and effect of law on the day 24
the Compact becomes law in that state. 25
C. Any member state may withdraw from this Compact by 26
enacting a statute repealing the same. 27
1. A member state’s withdrawal shall not take effect until 28
six (6) months after enactment of the repealing statute. 29
2. Withdrawal shall not affect the continuing requirement 30
of the withdrawing state’s audiology or speech-language 31
pathology licensing board to comply with the investigative and 32
adverse action reporting requirements of this act prior to the 33
effective date of withdrawal. 34
D. Nothing contained in this Compact shall be construed to 35
invalidate or prevent any audiology or speech-language pathology 36
licensure agreement or other cooperative arrangement between a 37
member state and a non-member state that does not conflict with 38
the provisions of this Compact. 39
E. This Compact may be amended by the member states. No 40
amendment to this Compact shall become effective and binding 41
upon any member state until it is enacted into the laws of all 42
member states. 43
– 22 –
- *AB230*
SECTION 13. CONSTRUCTION AND SEVERABILITY 1
2
This Compact shall be liberally construed so as to effectuate 3
the purposes thereof. The provisions of this Compact shall be 4
severable and if any phrase, clause, sentence or provision of this 5
Compact is declared to be contrary to the constitution of any 6
member state or of the United States or the applicability thereof to 7
any government, agency, person or circumstance is held invalid, 8
the validity of the remainder of this Compact and the applicability 9
thereof to any government, agency, person or circumstance shall 10
not be affected thereby. If this Compact shall be held contrary to 11
the constitution of any member state, the Compact shall remain in 12
full force and effect as to the remaining member states and in full 13
force and effect as to the member state affected as to all severable 14
matters. 15
16
SECTION 14. BINDING EFFECT OF 17
COMPACT AND OTHER LAWS 18
19
A. Nothing herein prevents the enforcement of any other law 20
of a member state that is not inconsistent with the Compact. 21
B. All laws in a member state in conflict with the Compact 22
are superseded to the extent of the conflict. 23
C. All lawful actions of the Commission, including all rules 24
and bylaws promulgated by the Commission, are binding upon the 25
member states. 26
D. All agreements between the Commission and the member 27
states are binding in accordance with their terms. 28
E. In the event any provision of the Compact exceeds the 29
constitutional limits imposed on the legislature of any member 30
state, the provision shall be ineffective to the extent of the conflict 31
with the constitutional provision in question in that member state. 32
Sec. 2. NRS 637B.288 is hereby amended to read as follows: 33
637B.288 1. Except as otherwise provided in this section and 34
NRS 239.0115 [,] and section 1 of this act, a complaint filed with 35
the Board, all documents and other information filed with the 36
complaint and all documents and other information compiled as a 37
result of an investigation conducted to determine whether to initiate 38
disciplinary action against a person are confidential, unless the 39
person submits a written statement to the Board requesting that such 40
documents and information be made public records. 41
2. The charging documents filed with the Board to initiate 42
disciplinary action pursuant to chapter 622A of NRS and all 43
documents and information considered by the Board when 44
determining whether to impose discipline are public records. 45
– 23 –
- *AB230*
3. The Board shall, to the extent feasible, communicate or 1
cooperate with or provide any documents or other information to 2
any other licensing board or any other agency that is investigating a 3
person, including, without limitation, a law enforcement agency. 4
Sec. 3. The preliminary chapter of NRS is hereby amended by 5
adding thereto a new section to read as follows: 6
Except as otherwise expressly provided in a particular statute 7
or required by the context, privilege to practice as an audiologist 8
or speech-language pathologist in this State under the Audiology 9
and Speech-Language Pathology Interstate Compact ratified and 10
entered into in section 1 of this act shall be deemed to be 11
equivalent to the corresponding license. 12
Sec. 4. NRS 239.010 is hereby amended to read as follows: 13
239.010 1. Except as otherwise provided in this section and 14
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 15
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 16
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 17
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 18
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 19
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 20
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 21
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 22
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 23
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 24
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 25
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 26
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 27
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 28
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 29
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 30
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 31
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 32
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 33
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 34
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 35
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 36
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 37
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 38
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 39
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 40
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 41
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 42
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 43
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 44
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 45
– 24 –
- *AB230*
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 1
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 2
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 3
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 4
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 5
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 6
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 7
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 8
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 9
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 10
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 11
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 12
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 13
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 14
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 15
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 16
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 17
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 18
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 19
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 20
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 21
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 22
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 23
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 24
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 25
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 26
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 27
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 28
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 29
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 30
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 31
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 32
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 33
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 34
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 35
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 36
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 37
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 38
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 39
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 40
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 41
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 42
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 43
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 44
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 45
– 25 –
- *AB230*
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 1
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 2
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 3
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 4
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 5
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 6
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 7
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 8
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 9
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 10
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 11
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 12
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 13
711.600, and section 1 of this act, sections 35, 38 and 41 of chapter 14
478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes 15
of Nevada 2013 and unless otherwise declared by law to be 16
confidential, all public books and public records of a governmental 17
entity must be open at all times during office hours to inspection by 18
any person, and may be fully copied or an abstract or memorandum 19
may be prepared from those public books and public records. Any 20
such copies, abstracts or memoranda may be used to supply the 21
general public with copies, abstracts or memoranda of the records or 22
may be used in any other way to the advantage of the governmental 23
entity or of the general public. This section does not supersede or in 24
any manner affect the federal laws governing copyrights or enlarge, 25
diminish or affect in any other manner the rights of a person in any 26
written book or record which is copyrighted pursuant to federal law. 27
2. A governmental entity may not reject a book or record 28
which is copyrighted solely because it is copyrighted. 29
3. A governmental entity that has legal custody or control of a 30
public book or record shall not deny a request made pursuant to 31
subsection 1 to inspect or copy or receive a copy of a public book or 32
record on the basis that the requested public book or record contains 33
information that is confidential if the governmental entity can 34
redact, delete, conceal or separate, including, without limitation, 35
electronically, the confidential information from the information 36
included in the public book or record that is not otherwise 37
confidential. 38
4. If requested, a governmental entity shall provide a copy of a 39
public record in an electronic format by means of an electronic 40
medium. Nothing in this subsection requires a governmental entity 41
to provide a copy of a public record in an electronic format or by 42
means of an electronic medium if: 43
(a) The public record: 44
(1) Was not created or prepared in an electronic format; and 45
– 26 –
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(2) Is not available in an electronic format; or 1
(b) Providing the public record in an electronic format or by 2
means of an electronic medium would: 3
(1) Give access to proprietary software; or 4
(2) Require the production of information that is confidential 5
and that cannot be redacted, deleted, concealed or separated from 6
information that is not otherwise confidential. 7
5. An officer, employee or agent of a governmental entity who 8
has legal custody or control of a public record: 9
(a) Shall not refuse to provide a copy of that public record in the 10
medium that is requested because the officer, employee or agent has 11
already prepared or would prefer to provide the copy in a different 12
medium. 13
(b) Except as otherwise provided in NRS 239.030, shall, upon 14
request, prepare the copy of the public record and shall not require 15
the person who has requested the copy to prepare the copy himself 16
or herself. 17
Sec. 5. This act becomes effective on July 1, 2025. 18
H