A.B. 395
- *AB395*
ASSEMBLY BILL NO. 395–ASSEMBLYMEMBERS
ROTH AND BROWN-MAY
MARCH 11, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Revises provisions relating to services to persons
who are deaf or hard of hearing. (BDR 40-841)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§ 1)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to health care; requiring certain health facilities
and providers of health care to provide qualified sign
language interpreters to certain persons who are deaf or
hard of hearing; prescribing the circumstances under
which such qualified sign language interpreters may be
provided remotely; establishing requirements for
providing remotely such qualified sign language
interpreters; requiring the Department of Health and
Human Services to maintain a list of certain facilities that
provide services specialized to persons who are deaf or
hard of hearing; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing federal regulations require providers of health care and health care 1
facilities that receive funding or certain other assistance from the Federal 2
Government to ensure that communications with persons with disabilities are as 3
effective as communications with persons who do not have disabilities. (45 C.F.R. 4
§ 92.202) Those federal regulations: (1) prohibit such providers and facilities from 5
requiring a person with a disability to be accompanied by a person to interpret for 6
him or her; and (2) authorize such providers and facilities to provide qualified 7
interpreters through video remote interpreting services. (28 C.F.R. § 35.160, 45 8
C.F.R. § 92.202) 9
Sections 1 and 8 of this bill require a medical facility, a facility for the 10
dependent and certain other health facilities and a provider of health care, 11
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respectively, to ensure that each person who is deaf or hard of hearing and seeks 12
care or services at the facility or from the provider, as applicable, is notified that: 13
(1) a qualified sign language interpreter is available; and (2) except in certain 14
circumstances, the person may request an in-person or remote sign language 15
interpreter. Sections 1 and 8 require such a health facility or provider of health care 16
to ensure that such a person is provided with a qualified sign language interpreter in 17
person if: (1) the person requests an in-person interpreter; or (2) certain 18
circumstances exist that would make a remote interpreter inappropriate, unless a 19
person provides informed consent to receive sign language interpreting services 20
from a remote interpreter. Sections 1 and 8 prescribe requirements governing the 21
use of a remote interpreter. 22
Sections 2 and 3 of this bill make conforming changes to establish the 23
applicability of certain existing provisions to section 1. Sections 4-6 and 9 of this 24
bill prescribe various mechanisms for the enforcement of section 1, including the 25
imposition of administrative sanctions against a health facility that fails to comply 26
with those provisions. Section 8 authorizes professional discipline against a 27
provider of health care who fails to comply with that section. 28
Section 7 of this bill requires the Department of Health and Human Services to 29
maintain on an Internet website a list of assisted living facilities and senior living 30
communities that provide services specialized for persons who are deaf or hard of 31
hearing. 32
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding 1
thereto a new section to read as follows: 2
1. A health facility shall: 3
(a) Notify each person who is deaf or hard of hearing and 4
seeks care or services at the health facility that: 5
(1) A qualified sign language interpreter is available to 6
assist the person; 7
(2) The person may request an in-person or remote 8
qualified sign language interpreter; and 9
(3) If the health facility has determined in accordance with 10
subsection 3 that the provision of a qualified sign language 11
interpreter remotely using audiovisual communication technology 12
is inadequate, the person who is deaf or hard of hearing must 13
provide informed consent in order to receive sign language 14
interpreting services from a remote qualified sign language 15
interpreter; and 16
(b) Provide the person with a qualified sign language 17
interpreter in accordance with subsections 2 and 3 until the person 18
ceases receiving care or services from the health facility or it is 19
determined that the person will not receive care or services from 20
the health facility. 21
2. A health facility: 22
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(a) Shall provide an in-person qualified sign language 1
interpreter to a person who is deaf or hard of hearing and seeks 2
care or services from the health facility if: 3
(1) The person requests an in-person qualified sign 4
language interpreter; or 5
(2) The health facility determines that the provision of a 6
qualified sign language interpreter remotely using audiovisual 7
communication technology is inadequate in accordance with 8
subsection 3 and the person does not provide informed consent to 9
receive sign language interpreting services from a remote 10
qualified sign language interpreter. 11
(b) Shall provide a qualified sign language interpreter 12
remotely using audiovisual communication technology to a person 13
who is deaf or hard of hearing and seeks health care from the 14
facility if: 15
(1) The person requests a remote qualified sign language 16
interpreter; and 17
(2) If the health facility has determined in accordance with 18
subsection 3 that the provision of a qualified sign language 19
interpreter remotely using audiovisual communication technology 20
is inadequate, the person provides informed consent to receiving 21
sign language interpreting services from a remote sign language 22
interpreter. 23
(c) May provide a qualified sign language interpreter either 24
remotely using audiovisual communication technology or in 25
person under circumstances where a person who is deaf or hard of 26
hearing seeks health care from the facility, other than those 27
described in paragraphs (a) and (b). 28
3. A health facility shall determine that the provision of a 29
qualified sign language interpreter remotely using audiovisual 30
communication technology is inadequate if: 31
(a) The person who is deaf or hard of hearing: 32
(1) Cannot easily see the audiovisual transmission because 33
of restricted mobility, a secondary disability or because of the 34
location where the communication is taking place; 35
(2) Is heavily medicated or intoxicated; 36
(3) Has cognitive limitations; 37
(4) Is in surgery; 38
(5) Is giving birth; 39
(6) Is in danger of imminent death; or 40
(7) Indicates through sigh, facial expression or other 41
means that communication is not being achieved; 42
(b) The communications are highly sensitive, including, 43
without limitation, the communication of a serious diagnosis; 44
(c) The communications occur during: 45
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(1) An initial meeting with a specialist provider of health 1
care; 2
(2) An eye examination; or 3
(3) The transportation of the person who is deaf or hard of 4
hearing; or 5
(d) The communications are impeded by equipment failure or 6
poor connectivity. 7
4. If a health facility provides a qualified sign language 8
interpreter remotely using audiovisual communication technology, 9
the audiovisual communication technology must provide 10
synchronous interaction with video over a high-speed, wide-11
bandwidth connection or wireless connection that: 12
(a) Does not produce lag or irregular pauses in 13
communication or images; 14
(b) Provides transmission of voice that is clear and audible; 15
and 16
(c) Produces a high-quality video image that is not blurry or 17
grainy and is large enough to display the face, arms, hands and 18
finger of the qualified sign language interpreter and the person 19
who is deaf or hard of hearing, regardless of body position. 20
5. A qualified sign language interpreter who provides remote 21
sign language interpreting pursuant to this section must: 22
(a) Interpret from a dedicated secure call center that ensures 23
the privacy of the person who is deaf or hard of hearing; 24
(b) Comply with the provisions of the Health Insurance 25
Portability and Accountability Act of 1996, Public Law 104-191, 26
and any regulations adopted pursuant thereto, including, without 27
limitation, entering into business associate agreements with each 28
health facility for which the qualified sign language interpreter 29
provides remote sign language interpreting; and 30
(c) Provide to the Division upon request copies of the business 31
associate agreements into which the qualified sign language 32
interpreter has entered. 33
6. A health facility shall provide training to an employee, a 34
contractor or a volunteer who is involved in using audiovisual 35
communication technology to facilitate the use of a remote 36
qualified sign language interpreter. Such training must be 37
adequate to ensure that the employee, contractor or volunteer 38
operates the technology efficiently and effectively. 39
7. As used in this section: 40
(a) “Health facility” means a medical facility, a facility for the 41
dependent or a facility which is required by the regulations 42
adopted pursuant to NRS 449.0303 to be licensed. 43
(b) “Provider of health care” has the meaning ascribed to it in 44
NRS 629.031. 45
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(c) “Qualified sign language interpreter” means an 1
interpreter, as defined in NRS 656A.030, who: 2
(1) Has demonstrated proficiency in the practice of sign 3
language interpreting, as defined in NRS 656A.060; 4
(2) Is able to interpret effectively, accurately and 5
impartially, both receptively and expressively, using any necessary 6
specialized vocabulary or terms without changes, omissions, or 7
additions and while preserving the tone, sentiment and emotional 8
level of the original statement; and 9
(3) Adheres to generally accepted ethical principles in the 10
field of sign language interpreting, including, without limitation, 11
client confidentiality. 12
(d) “Secure call center” means a location with the physical 13
and technological capability to provide qualified sign language 14
interpreters remotely using audiovisual communication 15
technology in compliance with this section. 16
Sec. 2. NRS 449.029 is hereby amended to read as follows: 17
449.029 As used in NRS 449.029 to 449.240, inclusive, and 18
section 1 of this act, unless the context otherwise requires, “medical 19
facility” has the meaning ascribed to it in NRS 449.0151 and 20
includes a program of hospice care described in NRS 449.196. 21
Sec. 3. NRS 449.0301 is hereby amended to read as follows: 22
449.0301 The provisions of NRS 449.029 to 449.2428, 23
inclusive, and section 1 of this act do not apply to: 24
1. Any facility conducted by and for the adherents of any 25
church or religious denomination for the purpose of providing 26
facilities for the care and treatment of the sick who depend solely 27
upon spiritual means through prayer for healing in the practice of 28
the religion of the church or denomination, except that such a 29
facility shall comply with all regulations relative to sanitation and 30
safety applicable to other facilities of a similar category. 31
2. Foster homes as defined in NRS 424.014. 32
3. Any medical facility, facility for the dependent or facility 33
which is otherwise required by the regulations adopted by the Board 34
pursuant to NRS 449.0303 to be licensed that is operated and 35
maintained by the United States Government or an agency thereof. 36
Sec. 4. NRS 449.160 is hereby amended to read as follows: 37
449.160 1. The Division may deny an application for a 38
license or may suspend or revoke any license issued under the 39
provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of 40
this act upon any of the following grounds: 41
(a) Violation by the applicant or the licensee of any of the 42
provisions of NRS 439B.410, 449.029 to 449.245, inclusive, and 43
section 1 of this act or 449A.100 to 449A.124, inclusive, and 44
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449A.270 to 449A.286, inclusive, or of any other law of this State 1
or of the standards, rules and regulations adopted thereunder. 2
(b) Aiding, abetting or permitting the commission of any illegal 3
act. 4
(c) Conduct inimical to the public health, morals, welfare and 5
safety of the people of the State of Nevada in the maintenance and 6
operation of the premises for which a license is issued. 7
(d) Conduct or practice detrimental to the health or safety of the 8
occupants or employees of the facility. 9
(e) Failure of the applicant to obtain written approval from the 10
Director of the Department of Health and Human Services as 11
required by NRS 439A.100 or 439A.102 or as provided in any 12
regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, 13
and section 1 of this act and 449.435 to 449.531, inclusive, and 14
chapter 449A of NRS if such approval is required, including, 15
without limitation, the closure or conversion of any hospital in a 16
county whose population is 100,000 or more that is owned by the 17
licensee without approval pursuant to NRS 439A.102. 18
(f) Failure to comply with the provisions of NRS 441A.315 and 19
any regulations adopted pursuant thereto or NRS 449.2486. 20
(g) Violation of the provisions of NRS 458.112. 21
(h) Failure to comply with the provisions of NRS 449A.170 to 22
449A.192, inclusive, and any regulation adopted pursuant thereto. 23
(i) Violation of the provisions of NRS 629.260. 24
2. In addition to the provisions of subsection 1, the Division 25
may revoke a license to operate a facility for the dependent if, with 26
respect to that facility, the licensee that operates the facility, or an 27
agent or employee of the licensee: 28
(a) Is convicted of violating any of the provisions of 29
NRS 202.470; 30
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 31
244.360, 244.3603 or 268.4124; or 32
(c) Is ordered by the appropriate governmental agency to correct 33
a violation of a building, safety or health code or regulation but fails 34
to correct the violation. 35
3. The Division shall maintain a log of any complaints that it 36
receives relating to activities for which the Division may revoke the 37
license to operate a facility for the dependent pursuant to subsection 38
2. The Division shall provide to a facility for the care of adults 39
during the day: 40
(a) A summary of a complaint against the facility if the 41
investigation of the complaint by the Division either substantiates 42
the complaint or is inconclusive; 43
(b) A report of any investigation conducted with respect to the 44
complaint; and 45
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(c) A report of any disciplinary action taken against the facility. 1
The facility shall make the information available to the public 2
pursuant to NRS 449.2486. 3
4. On or before February 1 of each odd-numbered year, the 4
Division shall submit to the Director of the Legislative Counsel 5
Bureau a written report setting forth, for the previous biennium: 6
(a) Any complaints included in the log maintained by the 7
Division pursuant to subsection 3; and 8
(b) Any disciplinary actions taken by the Division pursuant to 9
subsection 2. 10
Sec. 5. NRS 449.163 is hereby amended to read as follows: 11
449.163 1. In addition to the payment of the amount required 12
by NRS 449.0308, if a medical facility, facility for the dependent or 13
facility which is required by the regulations adopted by the Board 14
pursuant to NRS 449.0303 to be licensed violates any provision 15
related to its licensure, including any provision of NRS 439B.410 or 16
449.029 to 449.2428, inclusive, and section 1 of this act or any 17
condition, standard or regulation adopted by the Board, the 18
Division, in accordance with the regulations adopted pursuant to 19
NRS 449.165, may: 20
(a) Prohibit the facility from admitting any patient until it 21
determines that the facility has corrected the violation; 22
(b) Limit the occupancy of the facility to the number of beds 23
occupied when the violation occurred, until it determines that the 24
facility has corrected the violation; 25
(c) If the license of the facility limits the occupancy of the 26
facility and the facility has exceeded the approved occupancy, 27
require the facility, at its own expense, to move patients to another 28
facility that is licensed; 29
(d) Except where a greater penalty is authorized by subsection 2, 30
impose an administrative penalty of not more than $5,000 per day 31
for each violation, together with interest thereon at a rate not to 32
exceed 10 percent per annum; and 33
(e) Appoint temporary management to oversee the operation of 34
the facility and to ensure the health and safety of the patients of the 35
facility, until: 36
(1) It determines that the facility has corrected the violation 37
and has management which is capable of ensuring continued 38
compliance with the applicable statutes, conditions, standards and 39
regulations; or 40
(2) Improvements are made to correct the violation. 41
2. If an off-campus location of a hospital fails to obtain a 42
national provider identifier that is distinct from the national provider 43
identifier used by the main campus and any other off-campus 44
location of the hospital in violation of NRS 449.1818, the Division 45
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may impose against the hospital an administrative penalty of not 1
more than $10,000 for each day of such failure, together with 2
interest thereon at a rate not to exceed 10 percent per annum, in 3
addition to any other action authorized by this chapter. 4
3. If the facility fails to pay any administrative penalty imposed 5
pursuant to paragraph (d) of subsection 1 or subsection 2, the 6
Division may: 7
(a) Suspend the license of the facility until the administrative 8
penalty is paid; and 9
(b) Collect court costs, reasonable attorney’s fees and other 10
costs incurred to collect the administrative penalty. 11
4. The Division may require any facility that violates any 12
provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and 13
section 1 of this act or any condition, standard or regulation adopted 14
by the Board to make any improvements necessary to correct the 15
violation. 16
5. Any money collected as administrative penalties pursuant to 17
paragraph (d) of subsection 1 or subsection 2 must be accounted for 18
separately and used to administer and carry out the provisions of 19
NRS 449.001 to 449.430, inclusive, and section 1 of this act, 20
449.435 to 449.531, inclusive, and chapter 449A of NRS to protect 21
the health, safety, well-being and property of the patients and 22
residents of facilities in accordance with applicable state and federal 23
standards or for any other purpose authorized by the Legislature. 24
Sec. 6. NRS 449.240 is hereby amended to read as follows: 25
449.240 The district attorney of the county in which the facility 26
is located shall, upon application by the Division, institute and 27
conduct the prosecution of any action for violation of any provisions 28
of NRS 449.029 to 449.245, inclusive [.] , and section 1 of this act. 29
Sec. 7. NRS 449.2488 is hereby amended to read as follows: 30
449.2488 1. The Department of Health and Human Services 31
shall develop a brochure and website to assist persons who are 55 32
years of age or older in determining the appropriate level of care and 33
type of housing that they require to meet their individual needs. The 34
brochure and website must include, without limitation: 35
(a) The various types of housing and levels of care that are 36
available to persons who are 55 years of age or older, including, 37
without limitation, residential facilities for groups, facilities for 38
intermediate care and facilities for skilled nursing, distinguishing the 39
varying degree of services that are offered by the different types of 40
facilities; 41
(b) Whether individual facilities accept payment through 42
Medicaid or Medicare for the level of care and type of housing that 43
the facilities provide; 44
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(c) The manner in which a person may obtain information 1
concerning whether the facility has ever been found to have violated 2
the provisions of this chapter; and 3
(d) Such other information as the Department deems to be 4
beneficial to persons who are 55 years of age or older in 5
determining the appropriate level of care and type of housing that 6
they require to meet their individual needs. 7
2. The Department of Health and Human Services shall 8
maintain on an Internet website maintained by the Department 9
and update at least annually a list of assisted living facilities and 10
senior living communities that provide services specialized for 11
persons who are deaf or hard of hearing. 12
3. As used in this section: 13
(a) “Assisted living facility” means a facility that has staff at 14
the facility available 24 hours a day, 7 days a week, to provide 15
scheduled assisted living supportive services and assisted living 16
supportive services that are required in an emergency in a manner 17
that promotes maximum dignity and independence of the residents 18
of the facility. 19
(b) “Assisted living supportive services” means services which 20
are provided at an assisted living facility to residents of the 21
assisted living facility, including, without limitation: 22
(1) Personal care services; 23
(2) Homemaker services; 24
(3) Chore services; 25
(4) Attendant care; 26
(5) Companion services; 27
(6) Medication oversight; 28
(7) Therapeutic, social and recreational programming; and 29
(8) Services which ensure that the residents of the facility 30
are safe, secure and adequately supervised. 31
(c) “Medicaid” has the meaning ascribed to it in NRS 439B.120. 32
[(b)] (d) “Medicare” has the meaning ascribed to it in 33
NRS 439B.130. 34
Sec. 8. Chapter 629 of NRS is hereby amended by adding 35
thereto a new section to read as follows: 36
1. A provider of health care shall ensure that each person 37
who is deaf or hard of hearing and seeks health care from the 38
provider of health care: 39
(a) Is notified that: 40
(1) A qualified sign language interpreter is available to 41
assist the person; 42
(2) The person may request an in-person or remote 43
qualified sign language interpreter; and 44
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(3) If the provider of health care has determined in 1
accordance with subsection 3 that the provision of a qualified sign 2
language interpreter remotely using audiovisual communication 3
technology is inadequate, the person who is deaf or hard of 4
hearing must provide informed consent in order to receive sign 5
language interpreting services from a remote qualified sign 6
language interpreter; and 7
(b) Is provided with a qualified sign language interpreter in 8
accordance with subsections 2 and 3 until the person ceases 9
receiving health care from the provider of health care or it is 10
determined that the person will not receive health care from the 11
provider of health care. 12
2. A provider of health care: 13
(a) Shall ensure that an in-person qualified sign language 14
interpreter is provided to a person who is deaf or hard of hearing 15
and seeks health care from the provider of health care if: 16
(1) The person requests an in-person qualified sign 17
language interpreter; or 18
(2) The provider of health care determines that the 19
provision of a qualified sign language interpreter remotely using 20
audiovisual communication technology is inadequate in 21
accordance with subsection 3 and the person does not provide 22
informed consent to receive sign language interpreting services 23
from a remote qualified sign language interpreter. 24
(b) Shall ensure that a qualified sign language interpreter is 25
provided to a person who is deaf or hard of hearing and seeks 26
health care from the provider remotely using audiovisual 27
communication technology if: 28
(1) The person requests a remote sign language interpreter; 29
and 30
(2) If the provider of health care has determined in 31
accordance with subsection 3 that the provision of a qualified sign 32
language interpreter remotely using audiovisual communication 33
technology is inadequate, the person provides informed consent to 34
receiving sign language interpreting services from a remote sign 35
language interpreter. 36
(c) May provide a qualified sign language interpreter either 37
remotely using audiovisual communication technology or in 38
person under circumstances where a person who is deaf or hard of 39
hearing seeks health care from the provider, other than those 40
described in paragraphs (a) and (b). 41
3. A provider of health care shall determine that the provision 42
of a qualified sign language interpreter remotely using 43
audiovisual communication technology is inadequate if: 44
(a) The person who is deaf or hard of hearing: 45
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(1) Cannot easily see the audiovisual transmission because 1
of restricted mobility, a secondary disability or because of the 2
location where the communication is taking place; 3
(2) Is heavily medicated or intoxicated; 4
(3) Has cognitive limitations; 5
(4) Is in surgery; 6
(5) Is giving birth; or 7
(6) Is in danger of imminent death; or 8
(7) Indicates through sigh, facial expression or other 9
means that communication is not being achieved; 10
(b) The communications are highly sensitive, including, 11
without limitation, the communication of a serious diagnosis; 12
(c) The communications occur during: 13
(1) An initial meeting with a specialist provider of health 14
care; 15
(2) An eye examination; or 16
(3) The transportation of the person who is deaf or hard of 17
hearing; or 18
(d) The communications are impeded by equipment failure or 19
poor connectivity. 20
4. If a provider of health care provides a qualified sign 21
language interpreter remotely using audiovisual communication 22
technology, the audiovisual communication technology must 23
provide synchronous interaction with video over a high-speed, 24
wide-bandwidth connection or wireless connection that: 25
(a) Does not produce lag or irregular pauses in 26
communication or images; 27
(b) Provides transmission of voice that is clear and audible; 28
and 29
(c) Produces a high-quality video image that is not blurry or 30
grainy and is large enough to display the face, arms, hands and 31
finger of the qualified sign language interpreter and the person 32
who is deaf or hard of hearing, regardless of body position. 33
5. A qualified sign language interpreter who provides remote 34
sign language interpreting pursuant to this section must: 35
(a) Interpret from a dedicated and secure call center that 36
ensures the privacy of the person who is deaf or hard of hearing; 37
and 38
(b) Comply with the provisions of the Health Insurance 39
Portability and Accountability Act of 1996, Public Law 104-191, 40
and any regulations adopted pursuant thereto, including, without 41
limitation, entering into business associate agreements with each 42
provider of health care for which the qualified sign language 43
interpreter provides remote sign language interpreting; and 44
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(c) Provide upon request to the board, agency or other entity in 1
this State by which the relevant provider of health care is licensed, 2
certified or registered copies of the business associate agreements 3
into which the qualified sign language interpreter has entered. 4
6. A provider of health care shall provide training to an 5
employee, a contractor or a volunteer who is involved in using 6
audiovisual communication technology to facilitate the use of a 7
remote qualified sign language interpreter. Such training must be 8
adequate to ensure that the employee, contractor or volunteer 9
operates the technology efficiently and effectively. 10
7. A provider of health care who violates any provision of this 11
section is guilty of unprofessional conduct and is subject to 12
disciplinary action by the board, agency or other entity in this 13
State by which he or she is licensed, certified or registered. 14
8. As used in this section: 15
(a) “Qualified sign language interpreter” has the meaning 16
ascribed to it in section 1 of this act. 17
(b) “Secure call center” has the meaning ascribed to it in 18
section 1 of this act. 19
Sec. 9. NRS 654.190 is hereby amended to read as follows: 20
654.190 1. The Board may, after notice and an opportunity 21
for a hearing as required by law, impose an administrative fine of 22
not more than $10,000 for each violation on, recover reasonable 23
investigative fees and costs incurred from, suspend, revoke, deny 24
the issuance or renewal of or place conditions on the license of, and 25
place on probation or impose any combination of the foregoing on 26
any licensee who: 27
(a) Is convicted of a felony relating to the practice of 28
administering a facility for skilled nursing or facility for 29
intermediate care or residential facility for groups or of any offense 30
involving moral turpitude. 31
(b) Has obtained his or her license by the use of fraud or deceit. 32
(c) Violates any of the provisions of this chapter. 33
(d) Aids or abets any person in the violation of any of the 34
provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of 35
this act or 449A.100 to 449A.124, inclusive, and 449A.270 to 36
449A.286, inclusive, as those provisions pertain to a facility for 37
skilled nursing, facility for intermediate care or residential facility 38
for groups. 39
(e) Violates any regulation of the Board prescribing additional 40
standards of conduct for licensees, including, without limitation, a 41
code of ethics. 42
(f) Engages in conduct that violates the trust of a patient or 43
resident or exploits the relationship between the licensee and the 44
patient or resident for the financial or other gain of the licensee. 45
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2. If a licensee requests a hearing pursuant to subsection 1, the 1
Board shall give the licensee written notice of a hearing pursuant to 2
NRS 233B.121 and 241.0333. A licensee may waive, in writing, his 3
or her right to attend the hearing. 4
3. The Board may compel the attendance of witnesses or the 5
production of documents or objects by subpoena. The Board may 6
adopt regulations that set forth a procedure pursuant to which the 7
Chair of the Board may issue subpoenas on behalf of the Board. 8
Any person who is subpoenaed pursuant to this subsection may 9
request the Board to modify the terms of the subpoena or grant 10
additional time for compliance. 11
4. An order that imposes discipline and the findings of fact and 12
conclusions of law supporting that order are public records. 13
5. The expiration of a license by operation of law or by order 14
or decision of the Board or a court, or the voluntary surrender of a 15
license, does not deprive the Board of jurisdiction to proceed with 16
any investigation of, or action or disciplinary proceeding against, the 17
licensee or to render a decision suspending or revoking the license. 18
Sec. 10. The provisions of NRS 354.599 do not apply to any 19
additional expenses of a local government that are related to the 20
provisions of this act. 21
Sec. 11. 1. This section becomes effective upon passage and 22
approval. 23
2. Sections 1 to 10, inclusive, of this act become effective: 24
(a) Upon passage and approval for the purpose of adopting any 25
regulations and performing any other preparatory administrative 26
tasks that are necessary to carry out the provisions of this act; and 27
(b) On January 1, 2026, for all other purposes. 28
H