Nevada 2025 2025 Regular Session

Nevada Assembly Bill AB378 Introduced / Bill

                      
  
  	A.B. 378 
 
- 	*AB378* 
 
ASSEMBLY BILL NO. 378–ASSEMBLYMEMBERS CARTER, GRAY, 
D’SILVA, HANSEN, BROWN-MAY; ANDERSON, CONSIDINE, 
DALIA, DICKMAN, EDGEWORTH, GONZÁLEZ, HIBBETTS, 
HUNT, JACKSON, KARRIS, MOSCA, NGUYEN, 
ORENTLICHER, ROTH AND WATTS 
 
MARCH 10, 2025 
____________ 
 
JOINT SPONSORS: SENATORS HANSEN, NGUYEN,  
STONE; AND OHRENSCHALL 
____________ 
 
Referred to Committee on Health and Human Services 
 
SUMMARY—Creates the Alternative Therapy Pilot Program. 
(BDR 40-820) 
 
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 controlled substances; creating the Alternative 
Therapy Pilot Program; requiring the Division of Public 
and Behavioral Health of the Department of Health and 
Human Services to administer and adopt certain 
regulations governing the Program; authorizing the 
Division to take certain actions with respect to the 
Program; requiring the Division to authorize at least one 
person to cultivate, manufacture or produce psychedelic 
substances for use in the Program; requiring the Division 
to submit to the Legislature an annual report concerning 
the Program; providing immunity from civil, criminal and 
administrative liability to a participant in the Program for 
certain conduct relating to the Program; and providing 
other matters properly relating thereto. 
Legislative Counsel’s Digest: 
 Section 9 of this bill creates the Alternative Therapy Pilot Program for the 1 
purpose of providing certain patients who have been diagnosed with a mental 2 
health condition access to treatment involving the administration, under medical 3   
 	– 2 – 
 
 
- 	*AB378* 
supervision and control, of psychedelic substances through the development and 4 
implementation of experimental and investigational pilot clinic programs. Section 9 5 
requires the Division of Public and Behavioral Health of the Department of Health 6 
and Human Services to administer the Program and, within the limits of available 7 
funds, develop and implement experimental and investigational pilot programs for 8 
the provision of alternative therapies. Section 7 of this bill defines “psychedelic 9 
substance” to mean psilocybin, psilocin, dimethyltryptamine, ibogaine or 10 
mescaline.  11 
 Section 10 of this bill requires the Division to adopt regulations to carry out the 12 
provisions governing the Program. Section 11 of this bill authorizes the Division to 13 
carry out or contract for certain programs for research and education. Section 12 of 14 
this bill requires the Division to authorize at least one person to cultivate, 15 
manufacture or otherwise produce psychedelic substances for use in the Program. 16 
Section 12 requires such a person to comply with certain requirements.  17 
 Section 13 of this bill requires the Division to collect comprehensive data 18 
concerning all alternative therapies provided under any pilot clinic program 19 
developed and implemented under the Program. Sections 13 and 17 of this bill 20 
require any data collected that would lead to the identification of any patient 21 
participating in a pilot clinic program developed and implemented under the 22 
Program to be kept confidential and securely maintained. Section 13 also requires 23 
the Division to submit an annual report concerning the Program to the Legislature.  24 
 Section 15 of this bill authorizes the Division to coordinate with other state 25 
agencies for certain purposes relating to the Program. Section 15 also requires the 26 
Division to take all actions which are feasible to ensure that all pilot clinic 27 
programs developed and implemented under the Program comply with all 28 
applicable federal requirements or guidelines relating to the clinical or experimental 29 
use of controlled substances. 30 
 Existing law requires the State Board of Pharmacy to administer the Uniform 31 
Controlled Substances Act and to add substances to or delete or reschedule all 32 
substances enumerated in schedules I, II, III, IV and V by regulation. (NRS 33 
453.146) Existing regulations list psilocybin, psilocin, dimethyltryptamine, 34 
ibogaine and mescaline as schedule I controlled substances. (NAC 453.510) 35 
Existing law prohibits certain acts relating to controlled substances, including, 36 
without limitation: (1) importing, transporting, selling, exchanging, bartering, 37 
supplying, prescribing, dispensing, giving away or administering the controlled 38 
substance; (2) manufacturing or compounding the controlled substance; (3) 39 
unlawfully possessing the controlled substance; and (4) trafficking in the controlled 40 
substance. (NRS 453.321, 453.322, 453.336, 453.337, 453.338, 453.3385) Section 41 
14 of this bill provides that any person who has been approved by the Division to 42 
participate in a pilot clinic program developed and implemented under the Program 43 
who engages in certain conduct involving a psychedelic substance within the scope 44 
of the participation of the person in the Program is immune from civil, criminal and 45 
administrative liability arising from that conduct and any such conduct must not 46 
constitute the basis for any investigation, detention, search, seizure, arrest, 47 
prosecution or other legal penalty against the person. 48 
 Section 16 of this bill authorizes the Division to accept certain sources of 49 
money and enter into certain contracts and agreements to carry out the Program. 50 
 Sections 2-7 of this bill add necessary definitions of terms. Section 8 of this 51 
bill sets forth certain legislative findings and declarations. 52 
 
   
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- 	*AB378* 
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN 
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: 
 
 Section 1.  Chapter 453 of NRS is hereby amended by adding 1 
thereto the provisions set forth as sections 2 to 16, inclusive, of this 2 
act. 3 
 Sec. 2.  As used in sections 2 to 16, inclusive, of this act, 4 
unless the context otherwise requires, the words and terms defined 5 
in sections 3 to 7, inclusive, of this act have the meanings ascribed 6 
to them in those sections.  7 
 Sec. 3.  “Alternative therapy” means any treatment of a 8 
patient for a mental health condition that involves administering 9 
to the patient, under medical supervision and control, a 10 
psychedelic substance.  11 
 Sec. 4.  “Division” means the Division of Public and 12 
Behavioral Health of the Department. 13 
 Sec. 5.  “Medical facility” has the meaning ascribed to it in 14 
NRS 449.0151. 15 
 Sec. 6.  “Program” means the Alternative Therapy Pilot 16 
Program created by section 9 of this act.  17 
 Sec. 7.  “Psychedelic substance” means any of the following 18 
substances: 19 
 1.  Psilocybin. 20 
 2.  Psilocin. 21 
 3.  Dimethyltryptamine. 22 
 4.  Ibogaine.  23 
 5.  Mescaline.  24 
 Sec. 8.  The Legislature hereby finds and declares that: 25 
 1. Mental health conditions, including, without limitation, 26 
post-traumatic stress disorder, depression and anxiety disorders 27 
require innovative approaches to treatment.  28 
 2. It is the policy of this State to encourage and promote 29 
programs which provide for the treatment and rehabilitation of 30 
persons with a mental health condition through alternative 31 
treatments that may include, without limitation, the administration 32 
of controlled substances in a clinical setting.  33 
 3. Providing access to treatments that involve the 34 
administration of psychedelic substances, under proper medical 35 
supervision, may contribute to the public welfare by fostering 36 
enhanced treatment outcomes. 37 
 Sec. 9.  1.  The Alternative Therapy Pilot Program is hereby 38 
created for the purpose of providing certain patients who have 39 
been diagnosed with a mental health condition access to treatment 40 
involving the administration, under medical supervision and 41 
control, of psychedelic substances through the development and 42   
 	– 4 – 
 
 
- 	*AB378* 
implementation of experimental and investigational pilot clinic 1 
programs. The Division shall administer the Program. 2 
 2.  As part of the Program, the Division shall, within the limits 3 
of available funds, including, without limitation, legislative 4 
appropriations, develop and implement experimental and 5 
investigational pilot clinic programs for the provision of 6 
alternative therapies. All alternative therapies provided under such 7 
a pilot clinic program must be provided: 8 
 (a) By or under the supervision of a practitioner who has been 9 
approved by the Division;  10 
 (b) At a medical facility or other location that has been 11 
approved by the Division; 12 
 (c) To a patient who has been approved by the Division and 13 
who meets all of the following criteria: 14 
  (1) The patient has been diagnosed with a mental health 15 
condition;  16 
  (2) The patient is 21 years of age or older; and  17 
  (3) The patient has either: 18 
   (I) Been honorably discharged from the Armed Forces 19 
of the United States; or  20 
   (II) Previously been employed as a first responder, as 21 
defined in NRS 193.1678. 22 
 (d) In compliance with all applicable medical and ethical 23 
standards; and 24 
 (e) In conjunction with any supporting or rehabilitative 25 
services necessary to enhance the efficacy of treatment with 26 
psychedelic substances.  27 
 3.  In administering the Program, the Division shall: 28 
 (a) Ensure that all alternative therapies provided under a pilot 29 
clinic program pursuant to subsection 2 are provided in 30 
accordance with the requirements set forth in that subsection. 31 
 (b) Approve qualified practitioners, patients and medical 32 
facilities or other locations to participate in a pilot clinic program 33 
pursuant to subsection 2.  34 
 (c) Ensure that comprehensive data concerning all aspects of 35 
alternative therapies provided under a pilot clinic program 36 
pursuant to subsection 2 is collected and reported to the Division. 37 
Such data must include, data concerning longitudinal outcomes 38 
for participants in such a program.  39 
 (d) Provide for the participation in the Program of institutions 40 
of higher education in this State, which may include, without 41 
limitation, the training of practitioners, research on alternative 42 
therapies and the evaluation of therapeutic protocols. 43   
 	– 5 – 
 
 
- 	*AB378* 
 Sec. 10.  1. The Division shall adopt regulations to carry 1 
out the provisions of sections 2 to 16, inclusive, of this act. The 2 
regulations must include, without limitation: 3 
 (a) Procedures and criteria for determining whether to 4 
approve a practitioner, patient, medical facility or other location to 5 
participate in a pilot clinic program developed and implemented 6 
under the Program;  7 
 (b) Protocols to ensure that psychedelic substances are 8 
handled, stored and administered safely, ethically and in a manner 9 
consistent with federal and state law;  10 
 (c) Standards for the reporting of the outcomes and 11 
effectiveness of any alternative therapies provided through a pilot 12 
clinic program developed and implemented under the Program;  13 
 (d) Any provisions the Division determines to be necessary to 14 
ensure that pilot clinic programs developed and implemented 15 
under the Program receive appropriate medical supervision; and  16 
 (e) Any provisions the Division determines to be necessary to 17 
protect the public health and safety.  18 
 2. The regulations adopted pursuant to subsection 1 must be 19 
designed to: 20 
 (a) Ensure that the provision of any alternative therapy under 21 
a pilot clinic program developed and implemented under the 22 
Program conforms to the highest standards of patient safety, 23 
medical ethics and informed consent; and  24 
 (b) Promote the health and welfare of persons with a mental 25 
health condition, consistent with the declared policy of this State. 26 
 Sec. 11.  In developing and implementing pilot clinic 27 
programs under the Program, the Division may carry out or 28 
contract for any programs of research and education that the 29 
Division deems necessary to: 30 
 1.  Develop new approaches for the treatment of mental health 31 
conditions through the administration of psychedelic substances;  32 
 2.  Improve the quality or availability of prevention and 33 
treatment services; and  34 
 3.  Train practitioners and other personnel who require 35 
specialized instruction to safely provide alternative therapies 36 
under a pilot clinic program. 37 
 Sec. 12.  1. The Division shall authorize at least one person 38 
to cultivate, manufacture or otherwise produce psychedelic 39 
substances for use in any pilot clinic program developed and 40 
implemented under the Program.  41 
 2. A person authorized to cultivate, manufacture or otherwise 42 
produce psychedelic substances pursuant to subsection 1 shall: 43   
 	– 6 – 
 
 
- 	*AB378* 
 (a) Comply with all standards and requirements, including, 1 
without limitation, security requirements and reporting 2 
requirements, established by the Division;  3 
 (b) Obtain and maintain any registration required by this 4 
chapter and the regulations adopted pursuant thereto to engage in 5 
the production, distribution or use of controlled substances for the 6 
purpose of conducting research; and  7 
 (c) Not cultivate, manufacture or otherwise produce or 8 
distribute any psychedelic substance except as authorized by the 9 
Division in connection with the Program. 10 
 Sec. 13.  1.  The Division shall collect comprehensive data 11 
concerning all alternative therapies provided under any pilot clinic 12 
program developed and implemented under the Program. Such 13 
data must include, without limitation, the following data 14 
concerning each patient who participates in such a pilot clinic 15 
program: 16 
 (a) Demographic information.  17 
 (b) A baseline mental health assessment.  18 
 (c) Outcome measures, including, without limitation, 19 
longitudinal data after treatments have concluded.  20 
 (d) Any data relating to monitoring performed for ethical or 21 
safety purposes. 22 
 2.  Any data collected pursuant to subsection 1 that would 23 
lead to the identification of any patient participating in a pilot 24 
clinic program developed and implemented under the Program is 25 
confidential and must be securely maintained by each person who 26 
has possession, custody or control of the data.  27 
 3. On or before January 1 of each year the Division shall 28 
submit to the Director of the Legislative Counsel Bureau for 29 
transmittal to the Legislature a report on the status and results of 30 
the Program. The report must not contain any information that 31 
would lead to the identification of any patient participating in a 32 
pilot clinic program developed and implemented under the 33 
Program. 34 
 Sec. 14.  Notwithstanding any other provision of law, any 35 
person who has been approved by the Division to participate in a 36 
pilot clinic program developed and implemented under the 37 
Program, to produce psychedelic substances for use in such pilot 38 
clinic programs or to otherwise participate in the Program and 39 
who engages in any conduct relating to psychedelic substances 40 
within the scope of his or her participation in the Program and in 41 
compliance with the provisions of sections 2 to 16, inclusive, of 42 
this act and any regulations adopted pursuant thereto is immune 43 
from civil, criminal and administrative liability arising from that 44 
conduct and any such conduct may not constitute the basis for any 45   
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- 	*AB378* 
investigation, detention, search, seizure, arrest, prosecution or 1 
other legal penalty against the person. 2 
 Sec. 15.  1.  The Division may coordinate with other state 3 
agencies, including, without limitation, the Board and other 4 
health care licensing boards, as defined in NRS 629.079, to 5 
facilitate the oversight of pilot clinic programs developed and 6 
implemented under the Program.  7 
 2.  To the extent consistent with federal law, the Division shall 8 
take all actions which are feasible to ensure that all pilot clinic 9 
programs developed and implemented under the Program comply 10 
with all applicable federal requirements or guidelines relating to 11 
the clinical or experimental use of controlled substances. 12 
 Sec. 16.  1.  The Division may accept gifts, grants, donations 13 
or other sources of money to carry out the provisions of sections 2 14 
to 16, inclusive, of this act, including, without limitation, to 15 
support or expand pilot clinic programs developed and 16 
implemented under the Program.  17 
 2.  The Division may enter into contracts and other lawful 18 
agreements with private or public entities to assist the Division in 19 
carrying out the provisions of sections 2 to 16, inclusive, of this 20 
act, including, without limitation, contracts or agreements for the 21 
purpose of developing, implementing or evaluating pilot clinic 22 
programs under the Program or for the production or distribution 23 
of psychedelic substances for use in such pilot clinic programs. 24 
 Sec. 17.  NRS 239.010 is hereby amended to read as follows: 25 
 239.010  1.  Except as otherwise provided in this section and 26 
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 27 
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 28 
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 29 
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 30 
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 31 
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 32 
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 33 
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 34 
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 35 
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 36 
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 37 
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 38 
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 39 
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 40 
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 41 
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 42 
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 43 
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 44 
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 45   
 	– 8 – 
 
 
- 	*AB378* 
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 1 
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 2 
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 3 
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 4 
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 5 
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 6 
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 7 
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 8 
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 9 
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 10 
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 11 
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 12 
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 13 
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 14 
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 15 
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 16 
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 17 
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 18 
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 19 
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 20 
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 21 
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 22 
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 23 
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 24 
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 25 
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 26 
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 27 
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 28 
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 29 
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 30 
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 31 
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 32 
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 33 
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 34 
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 35 
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 36 
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 37 
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 38 
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 39 
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 40 
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 41 
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 42 
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 43 
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 44 
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 45   
 	– 9 – 
 
 
- 	*AB378* 
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 1 
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 2 
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 3 
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 4 
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 5 
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 6 
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 7 
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 8 
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 9 
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 10 
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 11 
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 12 
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 13 
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 14 
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 15 
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 16 
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 17 
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 18 
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 19 
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 20 
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 21 
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 22 
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 23 
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 24 
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 25 
711.600, and section 13 of this act, sections 35, 38 and 41 of 26 
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, 27 
Statutes of Nevada 2013 and unless otherwise declared by law to be 28 
confidential, all public books and public records of a governmental 29 
entity must be open at all times during office hours to inspection by 30 
any person, and may be fully copied or an abstract or memorandum 31 
may be prepared from those public books and public records. Any 32 
such copies, abstracts or memoranda may be used to supply the 33 
general public with copies, abstracts or memoranda of the records or 34 
may be used in any other way to the advantage of the governmental 35 
entity or of the general public. This section does not supersede or in 36 
any manner affect the federal laws governing copyrights or enlarge, 37 
diminish or affect in any other manner the rights of a person in any 38 
written book or record which is copyrighted pursuant to federal law. 39 
 2.  A governmental entity may not reject a book or record 40 
which is copyrighted solely because it is copyrighted. 41 
 3.  A governmental entity that has legal custody or control of a 42 
public book or record shall not deny a request made pursuant to 43 
subsection 1 to inspect or copy or receive a copy of a public book or 44 
record on the basis that the requested public book or record contains 45   
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- 	*AB378* 
information that is confidential if the governmental entity can 1 
redact, delete, conceal or separate, including, without limitation, 2 
electronically, the confidential information from the information 3 
included in the public book or record that is not otherwise 4 
confidential. 5 
 4.  If requested, a governmental entity shall provide a copy of a 6 
public record in an electronic format by means of an electronic 7 
medium. Nothing in this subsection requires a governmental entity 8 
to provide a copy of a public record in an electronic format or by 9 
means of an electronic medium if: 10 
 (a) The public record: 11 
  (1) Was not created or prepared in an electronic format; and 12 
  (2) Is not available in an electronic format; or 13 
 (b) Providing the public record in an electronic format or by 14 
means of an electronic medium would: 15 
  (1) Give access to proprietary software; or 16 
  (2) Require the production of information that is confidential 17 
and that cannot be redacted, deleted, concealed or separated from 18 
information that is not otherwise confidential. 19 
 5.  An officer, employee or agent of a governmental entity who 20 
has legal custody or control of a public record: 21 
 (a) Shall not refuse to provide a copy of that public record in the 22 
medium that is requested because the officer, employee or agent has 23 
already prepared or would prefer to provide the copy in a different 24 
medium. 25 
 (b) Except as otherwise provided in NRS 239.030, shall, upon 26 
request, prepare the copy of the public record and shall not require 27 
the person who has requested the copy to prepare the copy himself 28 
or herself. 29 
 Sec. 18.  The provisions of subsection 1 of NRS 218D.380 do 30 
not apply to any provision of this act which adds or revises a 31 
requirement to submit a report to the Legislature. 32 
 Sec. 19.  1. This section becomes effective upon passage and 33 
approval. 34 
 2. Sections 1 to 18, inclusive, of this act become effective: 35 
 (a) Upon passage and approval for the purposes of adopting 36 
regulations and performing any other preparatory administrative 37 
tasks; and 38 
 (b) On October 1, 2025, for all other purposes. 39 
 
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