REQUIRES TWO-THIRDS MAJORITY VOTE (§ 12.5) EXEMPT
(Reprinted with amendments adopted on April 16, 2025)
FIRST REPRINT A.B. 378
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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 and requiring 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; requiring the Division to establish an advisory
committee with certain duties relating to the Program;
prohibiting certain causes of action from being brought
against the Department, its officers or employees relating
to 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.
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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
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. Section 17
12.5 of this bill authorizes the Division to require a person who wishes to 18
participate in the Program by operating a pilot clinic program or by cultivating, 19
manufacturing or otherwise producing psychedelic substances for use in a pilot 20
clinic program to reimburse the Division for certain costs incurred by the Division. 21
Section 13 of this bill requires the Division to collect comprehensive data 22
concerning all alternative therapies provided under any pilot clinic program 23
developed and implemented under the Program. Sections 13 and 17 of this bill 24
require any data collected that would lead to the identification of any patient 25
participating in a pilot clinic program developed and implemented under the 26
Program to be kept confidential and securely maintained. Section 13 also requires 27
the Division to submit an annual report concerning the Program to the Legislature. 28
Section 13.5 of this bill requires the Division to establish an advisory committee, 29
which is required to assist the Division with oversight of the Program and submit to 30
the Department a quarterly report concerning the operations of pilot clinic programs 31
developed and implemented under the Program. 32
Section 14.5 of this bill prohibits the provisions of this bill from being 33
construed to imply the creation of any warranty or guarantee by the Department, its 34
officers or employees as to the success, safety or any particular outcome of any 35
alternative therapy provided through a pilot clinic program developed and 36
implemented under the Program. Section 14.5 prohibits a cause of action from 37
being brought on the basis of an alleged breach of such a warranty or guarantee and 38
requires the Department to post certain notice on its Internet website. 39
Section 15 of this bill authorizes the Division to coordinate with other state 40
agencies for certain purposes relating to the Program. Section 15 also requires the 41
Division to take all actions which are feasible to ensure that all pilot clinic 42
programs developed and implemented under the Program comply with all 43
applicable federal requirements or guidelines relating to the clinical or experimental 44
use of controlled substances. 45
Existing law requires the State Board of Pharmacy to administer the Uniform 46
Controlled Substances Act and to add substances to or delete or reschedule all 47
substances enumerated in schedules I, II, III, IV and V by regulation. (NRS 48
453.146) Existing regulations list psilocybin, psilocin, dimethyltryptamine, 49
ibogaine and mescaline as schedule I controlled substances. (NAC 453.510) 50
Existing law prohibits certain acts relating to controlled substances, including, 51
without limitation: (1) importing, transporting, selling, exchanging, bartering, 52
supplying, prescribing, dispensing, giving away or administering the controlled 53
substance; (2) manufacturing or compounding the controlled substance; (3) 54
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unlawfully possessing the controlled substance; and (4) trafficking in the controlled 55
substance. (NRS 453.321, 453.322, 453.336, 453.337, 453.338, 453.3385) Section 56
14 of this bill provides that any person who has been approved by the Division to 57
participate in a pilot clinic program developed and implemented under the Program 58
who engages in certain conduct involving a psychedelic substance within the scope 59
of the participation of the person in the Program is immune from civil, criminal and 60
administrative liability arising from that conduct and any such conduct must not 61
constitute the basis for any investigation, detention, search, seizure, arrest, 62
prosecution or other legal penalty against the person. 63
Section 16 of this bill authorizes the Division to accept certain sources of 64
money and enter into certain contracts and agreements to carry out the Program. 65
Sections 2-7 of this bill add necessary definitions of terms. Section 8 of this 66
bill sets forth certain legislative findings and declarations. 67
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
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persons with a mental health condition through alternative 1
treatments that may include, without limitation, the administration 2
of controlled substances in a clinical setting. 3
3. Providing access to treatments that involve the 4
administration of psychedelic substances, under proper medical 5
supervision, may contribute to the public welfare by fostering 6
enhanced treatment outcomes. 7
Sec. 9. 1. The Alternative Therapy Pilot Program is hereby 8
created for the purpose of providing certain patients who have 9
been diagnosed with a mental health condition access to treatment 10
involving the administration, under medical supervision and 11
control, of psychedelic substances through the development and 12
implementation of experimental and investigational pilot clinic 13
programs. The Division shall administer the Program. 14
2. As part of the Program, the Division shall, within the limits 15
of available funds, including, without limitation, legislative 16
appropriations, develop and implement experimental and 17
investigational pilot clinic programs for the provision of 18
alternative therapies. All alternative therapies provided under such 19
a pilot clinic program must be provided: 20
(a) By or under the supervision of a practitioner who has been 21
approved by the Division; 22
(b) At a medical facility or other location that has been 23
approved by the Division; 24
(c) To a patient who has been approved by the Division and 25
who meets all of the following criteria: 26
(1) The patient has been diagnosed with a mental health 27
condition; 28
(2) The patient is 21 years of age or older; and 29
(3) The patient has either: 30
(I) Received an honorable discharge or general 31
discharge under honorable conditions from the Armed Forces of 32
the United States; or 33
(II) Previously been employed as a first responder, as 34
defined in NRS 193.1678. 35
(d) In compliance with all applicable medical and ethical 36
standards; and 37
(e) In conjunction with any supporting or rehabilitative 38
services necessary to enhance the efficacy of treatment with 39
psychedelic substances. 40
3. In administering the Program, the Division shall: 41
(a) Ensure that all alternative therapies provided under a pilot 42
clinic program pursuant to subsection 2 are provided in 43
accordance with the requirements set forth in that subsection. 44
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(b) Approve qualified practitioners, patients and medical 1
facilities or other locations to participate in a pilot clinic program 2
pursuant to subsection 2. 3
(c) Ensure that comprehensive data concerning all aspects of 4
alternative therapies provided under a pilot clinic program 5
pursuant to subsection 2 is collected and reported to the Division. 6
Such data must include, data concerning longitudinal outcomes 7
for participants in such a program. 8
(d) Provide for the participation in the Program of institutions 9
of higher education in this State, which may include, without 10
limitation, the training of practitioners, research on alternative 11
therapies and the evaluation of therapeutic protocols. 12
Sec. 10. 1. The Division shall adopt regulations to carry 13
out the provisions of sections 2 to 16, inclusive, of this act. The 14
regulations must include, without limitation: 15
(a) Procedures and criteria for determining whether to 16
approve a practitioner, patient, medical facility or other location to 17
participate in a pilot clinic program developed and implemented 18
under the Program; 19
(b) Procedures to ensure that each patient who participates in 20
a pilot clinic program developed and implemented under the 21
Program receives a plan for the continuation of care upon the 22
completion of his or her participation in the Program which has 23
been approved by the Division; 24
(c) Protocols to ensure that psychedelic substances are 25
handled, stored and administered safely, ethically and in a manner 26
consistent with federal and state law; 27
(d) Standards for the reporting of the outcomes and 28
effectiveness of any alternative therapies provided through a pilot 29
clinic program developed and implemented under the Program; 30
(e) Any provisions the Division determines to be necessary to 31
ensure that pilot clinic programs developed and implemented 32
under the Program receive appropriate medical supervision; and 33
(f) Any provisions the Division determines to be necessary to 34
protect the public health and safety. 35
2. The regulations adopted pursuant to subsection 1 must be 36
designed to: 37
(a) Ensure that the provision of any alternative therapy under 38
a pilot clinic program developed and implemented under the 39
Program conforms to the highest standards of patient safety, 40
medical ethics and informed consent; and 41
(b) Promote the health and welfare of persons with a mental 42
health condition, consistent with the declared policy of this State. 43
Sec. 11. In developing and implementing pilot clinic 44
programs under the Program, the Division may carry out or 45
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contract for any programs of research and education that the 1
Division deems necessary to: 2
1. Develop new approaches for the treatment of mental health 3
conditions through the administration of psychedelic substances; 4
2. Improve the quality or availability of prevention and 5
treatment services; and 6
3. Train practitioners and other personnel who require 7
specialized instruction to safely provide alternative therapies 8
under a pilot clinic program. 9
Sec. 12. 1. The Division shall authorize at least one person 10
to cultivate, manufacture or otherwise produce psychedelic 11
substances for use in any pilot clinic program developed and 12
implemented under the Program. 13
2. A person authorized to cultivate, manufacture or otherwise 14
produce psychedelic substances pursuant to subsection 1 shall: 15
(a) Comply with all standards and requirements, including, 16
without limitation, security requirements and reporting 17
requirements, established by the Division; 18
(b) Obtain and maintain any registration required by this 19
chapter and the regulations adopted pursuant thereto to engage in 20
the production, distribution or use of controlled substances for the 21
purpose of conducting research; and 22
(c) Not cultivate, manufacture or otherwise produce or 23
distribute any psychedelic substance except as authorized by the 24
Division in connection with the Program. 25
Sec. 12.5. The Division may require a person who wishes to 26
participate in the Program by operating a pilot clinic program or 27
by cultivating, manufacturing or otherwise producing psychedelic 28
substances for use in a pilot clinic program under the Program to 29
reimburse the Division for the actual costs and expenses incurred 30
by the Division in conducting any inspections or providing any 31
certifications that the Division deems necessary to allow for such 32
participation. 33
Sec. 13. 1. The Division shall collect comprehensive data 34
concerning all alternative therapies provided under any pilot clinic 35
program developed and implemented under the Program. Such 36
data must include, without limitation, the following data 37
concerning each patient who participates in such a pilot clinic 38
program: 39
(a) Demographic information. 40
(b) A baseline mental health assessment. 41
(c) Outcome measures, including, without limitation, 42
longitudinal data after treatments have concluded. 43
(d) Any data relating to monitoring performed for ethical or 44
safety purposes. 45
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2. Any data collected pursuant to subsection 1 that would 1
lead to the identification of any patient participating in a pilot 2
clinic program developed and implemented under the Program is 3
confidential and must be securely maintained by each person who 4
has possession, custody or control of the data. 5
3. On or before January 1 of each year the Division shall 6
submit to the Director of the Legislative Counsel Bureau for 7
transmittal to the Legislature a report on the status and results of 8
the Program. The report must not contain any information that 9
would lead to the identification of any patient participating in a 10
pilot clinic program developed and implemented under the 11
Program. 12
Sec. 13.5. 1. The Division shall establish an advisory 13
committee consisting of medical professionals, representatives of 14
relevant state agencies and other stakeholders. The Division shall 15
appoint such number of members of the committee as the Division 16
determines is appropriate to carry out the duties of the committee. 17
2. The advisory committee established pursuant to subsection 18
1 shall: 19
(a) Assist the Division with oversight of the development, 20
implementation, evaluation and financial viability of pilot clinic 21
programs under the Program. 22
(b) Submit to the Department a quarterly report concerning 23
the operations of the pilot clinic programs developed and 24
implemented under the Program. 25
Sec. 14. Notwithstanding any other provision of law, any 26
person who has been approved by the Division to participate in a 27
pilot clinic program developed and implemented under the 28
Program, to produce psychedelic substances for use in such pilot 29
clinic programs or to otherwise participate in the Program and 30
who engages in any conduct relating to psychedelic substances 31
within the scope of his or her participation in the Program and in 32
compliance with the provisions of sections 2 to 16, inclusive, of 33
this act and any regulations adopted pursuant thereto is immune 34
from civil, criminal and administrative liability arising from that 35
conduct and any such conduct may not constitute the basis for any 36
investigation, detention, search, seizure, arrest, prosecution or 37
other legal penalty against the person. 38
Sec. 14.5. 1. Nothing in the provisions of sections 2 to 16, 39
inclusive, of this act shall be construed to imply the creation of 40
any warranty or guarantee by the Department, its officers or 41
employees as to the success, safety or any particular outcome of 42
any alternative therapy provided through a pilot clinic program 43
developed and implemented under the Program. 44
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2. No cause of action may be brought against the 1
Department, its officers or employees on the basis of an alleged 2
breach of any warranty or guarantee described in subsection 1. 3
3. The Department shall post a notice on the Internet website 4
of the Department indicating that the Department, its officers and 5
employees do not offer any warranty or guarantee as to the 6
success, safety or any particular outcome of any alternative 7
therapy provided under the Program. 8
Sec. 15. 1. The Division may coordinate with other state 9
agencies, including, without limitation, the Board and other 10
health care licensing boards, as defined in NRS 629.079, to 11
facilitate the oversight of pilot clinic programs developed and 12
implemented under the Program. 13
2. To the extent consistent with federal law, the Division shall 14
take all actions which are feasible to ensure that all pilot clinic 15
programs developed and implemented under the Program comply 16
with all applicable federal requirements or guidelines relating to 17
the clinical or experimental use of controlled substances. 18
Sec. 16. 1. The Division may accept gifts, grants, donations 19
or other sources of money to carry out the provisions of sections 2 20
to 16, inclusive, of this act, including, without limitation, to 21
support or expand pilot clinic programs developed and 22
implemented under the Program. 23
2. The Division may enter into contracts and other lawful 24
agreements with private or public entities to assist the Division in 25
carrying out the provisions of sections 2 to 16, inclusive, of this 26
act, including, without limitation, contracts or agreements for the 27
purpose of developing, implementing or evaluating pilot clinic 28
programs under the Program or for the production or distribution 29
of psychedelic substances for use in such pilot clinic programs. 30
Sec. 17. NRS 239.010 is hereby amended to read as follows: 31
239.010 1. Except as otherwise provided in this section and 32
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 33
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 34
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 35
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 36
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 37
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 38
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 39
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 40
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 41
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 42
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 43
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 44
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 45
– 9 –
- *AB378_R1*
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 1
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 2
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 3
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 4
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 5
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 6
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 7
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 8
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 9
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 10
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 11
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 12
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 13
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 14
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 15
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 16
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 17
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 18
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 19
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 20
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 21
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 22
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 23
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 24
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 25
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 26
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 27
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 28
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 29
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 30
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 31
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 32
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 33
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 34
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 35
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 36
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 37
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 38
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 39
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 40
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 41
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 42
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 43
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 44
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 45
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- *AB378_R1*
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 1
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 2
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 3
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 4
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 5
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 6
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 7
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 8
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 9
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 10
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 11
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 12
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 13
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 14
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 15
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 16
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 17
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 18
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 19
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 20
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 21
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 22
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 23
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 24
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 25
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 26
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 27
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 28
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 29
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 30
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 31
711.600, and section 13 of this act, sections 35, 38 and 41 of 32
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, 33
Statutes of Nevada 2013 and unless otherwise declared by law to be 34
confidential, all public books and public records of a governmental 35
entity must be open at all times during office hours to inspection by 36
any person, and may be fully copied or an abstract or memorandum 37
may be prepared from those public books and public records. Any 38
such copies, abstracts or memoranda may be used to supply the 39
general public with copies, abstracts or memoranda of the records or 40
may be used in any other way to the advantage of the governmental 41
entity or of the general public. This section does not supersede or in 42
any manner affect the federal laws governing copyrights or enlarge, 43
diminish or affect in any other manner the rights of a person in any 44
written book or record which is copyrighted pursuant to federal law. 45
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2. A governmental entity may not reject a book or record 1
which is copyrighted solely because it is copyrighted. 2
3. A governmental entity that has legal custody or control of a 3
public book or record shall not deny a request made pursuant to 4
subsection 1 to inspect or copy or receive a copy of a public book or 5
record on the basis that the requested public book or record contains 6
information that is confidential if the governmental entity can 7
redact, delete, conceal or separate, including, without limitation, 8
electronically, the confidential information from the information 9
included in the public book or record that is not otherwise 10
confidential. 11
4. If requested, a governmental entity shall provide a copy of a 12
public record in an electronic format by means of an electronic 13
medium. Nothing in this subsection requires a governmental entity 14
to provide a copy of a public record in an electronic format or by 15
means of an electronic medium if: 16
(a) The public record: 17
(1) Was not created or prepared in an electronic format; and 18
(2) Is not available in an electronic format; or 19
(b) Providing the public record in an electronic format or by 20
means of an electronic medium would: 21
(1) Give access to proprietary software; or 22
(2) Require the production of information that is confidential 23
and that cannot be redacted, deleted, concealed or separated from 24
information that is not otherwise confidential. 25
5. An officer, employee or agent of a governmental entity who 26
has legal custody or control of a public record: 27
(a) Shall not refuse to provide a copy of that public record in the 28
medium that is requested because the officer, employee or agent has 29
already prepared or would prefer to provide the copy in a different 30
medium. 31
(b) Except as otherwise provided in NRS 239.030, shall, upon 32
request, prepare the copy of the public record and shall not require 33
the person who has requested the copy to prepare the copy himself 34
or herself. 35
Sec. 18. The provisions of subsection 1 of NRS 218D.380 do 36
not apply to any provision of this act which adds or revises a 37
requirement to submit a report to the Legislature. 38
Sec. 19. 1. This section becomes effective upon passage and 39
approval. 40
2. Sections 1 to 18, inclusive, of this act become effective: 41
(a) Upon passage and approval for the purposes of adopting 42
regulations and performing any other preparatory administrative 43
tasks; and 44
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(b) On October 1, 2025, for all other purposes. 1
H