A.B. 438 - *AB438* ASSEMBLY BILL NO. 438–ASSEMBLYMEMBERS DICKMAN; GALLANT, GRAY, GURR AND O’NEILL MARCH 17, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to nonemergency medical transportation. (BDR 40-1042) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 8, 9, 12) (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; transferring regulation of nonemergency medical transportation from the Nevada Transportation Authority to certain health authorities; exempting certain operators of a vehicle for nonemergency medical transportation from the requirement to be permitted; requiring the driver of a vehicle for nonemergency medical transportation to report the abuse, neglect, isolation, abandonment or commercial sexual exploitation of certain persons; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires the Nevada Transportation Authority to supervise and 1 regulate common motor carriers of passengers and contract motor carriers of 2 passengers, including private providers of nonmedical emergency transportation, 3 while exempting government vehicles from such regulation. (NRS 706.163, 4 706.166) Existing law requires a private provider of nonemergency medical 5 transportation to obtain from the Authority a certificate of public convenience and 6 necessity to operate as a common motor carrier or a permit to act as a contract 7 motor carrier. (NRS 706.036, 706.051, 706.386, 706.421) 8 Existing law also requires the Division of Public and Behavioral Health of the 9 Department of Health and Human Services, in a county whose population is less 10 than 700,000 (currently all counties other than Clark County), or the district board 11 of health, in a county whose population is 700,000 or more (currently Clark 12 County), to issue permits for the operation of an ambulance, an air ambulance or a 13 – 2 – - *AB438* vehicle of a fire-fighting agency. (NRS 450B.100, 450B.200) Existing law also 14 requires the State Board of Health, in a county whose population is less than 15 700,000 (currently all counties other than Clark County), or the district board of 16 health, in a county whose population is 700,000 or more (currently Clark County), 17 to adopt regulations establishing minimum standards for vehicles for ambulances, 18 air ambulances and vehicles of a fire-fighting agency. (NRS 450B.130) 19 This bill transfers regulatory authority over providers of nonemergency medical 20 transportation from the Nevada Transportation Authority to: (1) the district board of 21 health in a county whose population is 700,000 or more (currently Clark County); 22 or (2) the Division in all other counties. Section 24 of this bill removes the 23 requirement that a private operator of a vehicle for nonemergency medical 24 transportation obtain a certificate or permit from the Nevada Transportation 25 Authority, and section 16 of this bill instead requires a private operator of such a 26 vehicle to obtain a permit from the district board of health or the Division, as 27 applicable. Sections 8 and 12 of this bill accordingly authorize the operator of such 28 a vehicle to obtain such a permit. Section 12 additionally limits the fee for such a 29 permit to not more than $200. Section 13 of this bill clarifies the scope of a 30 provisional permit to own or operate a vehicle for nonemergency medical 31 transportation services. Sections 9 and 10 of this bill authorize: (1) the district 32 board of health to regulate nonemergency medical transportation in a county whose 33 population is 700,000 or more (currently Clark County); and (2) the State Board of 34 Health to regulate nonemergency medical transportation in all other counties. 35 Section 1 of this bill makes a conforming change to clarify that the district health 36 department in a county whose population is less than 700,000 (currently all 37 counties other than Clark County) will not be regulating nonemergency medical 38 transportation. Section 14 of this bill prohibits a private owner of a vehicle for 39 nonemergency medical transportation to permit the operation of the vehicle in 40 violation of the standards prescribed by the applicable board. Section 15 of this bill 41 requires a provider of nonemergency medical transportation to file his or her 42 schedule of rates with the Division or district board of health, as applicable. 43 Sections 12 and 17 of this bill clarify that the issuance of a permit does not exempt 44 a provider of nonemergency medical transportation from local franchising and 45 permitting requirements. Section 5 of this bill defines the term “nonemergency 46 medical transportation,” and section 7 of this bill establishes the applicability of 47 that definition. Section 18 of this bill preserves the existing exemption for 48 governmental entities that provide nonemergency medical transportation from 49 permitting and regulation. Sections 19 and 20 of this bill require the driver of a 50 vehicle for nonemergency medical transportation to report the abuse, neglect, 51 isolation or abandonment of an elderly or vulnerable person or the abuse or neglect 52 of a child. Such a driver would also be required to report the commercial sexual 53 exploitation of a child. (NRS 432C.110) A willful failure to make such a report 54 would be a misdemeanor or gross misdemeanor, depending on the circumstances. 55 (NRS 200.5093, 432B.240, 432C.110) 56 Existing law exempts from certification by the Nevada Transportation 57 Authority a common motor carrier that enters into an agreement with certain local 58 governmental entities to provide nonemergency medical transportation to facilitate 59 the participation of certain persons in jobs and day training services under certain 60 conditions. (NRS 706.745) Section 6 of this bill preserves that exemption from 61 permitting under the same conditions. Sections 2, 3, 20 and 21 of this bill make 62 conforming changes to reflect that nonemergency medical transportation will now 63 be regulated by the Division and the State Board of Health or the district board of 64 health rather than the Nevada Transportation Authority. Sections 11 and 23 of this 65 bill make conforming changes to avoid granting new authority to providers of 66 nonemergency medical transportation. 67 – 3 – - *AB438* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 439.410 is hereby amended to read as follows: 1 439.410 1. The district board of health has the powers, duties 2 and authority of a county board of health in the health district. 3 2. The district health department has jurisdiction over all public 4 health matters in the health district, except in matters concerning 5 emergency medical services and nonemergency medical 6 transportation services pursuant to the provisions of chapter 450B 7 of NRS. 8 3. In addition to any other powers, duties and authority 9 conferred on a district board of health by this section, the district 10 board of health may by affirmative vote of a majority of all the 11 members of the board adopt regulations consistent with law, which 12 must take effect immediately on their approval by the State Board of 13 Health, to: 14 (a) Prevent and control nuisances; 15 (b) Regulate sanitation and sanitary practices in the interests of 16 the public health; 17 (c) Provide for the sanitary protection of water and food 18 supplies; and 19 (d) Protect and promote the public health generally in the 20 geographical area subject to the jurisdiction of the health district. 21 4. Before the adoption, amendment or repeal of a regulation, 22 the district board of health must give at least 30 days’ notice of its 23 intended action. The notice must: 24 (a) Include a statement of either the terms or substance of the 25 proposal or a description of the subjects and issues involved, and of 26 the time when, the place where and the manner in which interested 27 persons may present their views thereon. 28 (b) State each address at which the text of the proposal may be 29 inspected and copied. 30 (c) Be mailed to all persons who have requested in writing that 31 they be placed on a mailing list, which must be kept by the district 32 board for such purpose. 33 5. All interested persons must be afforded a reasonable 34 opportunity to submit data, views or arguments, orally or in writing, 35 on the intended action to adopt, amend or repeal the regulation. 36 With respect to substantive regulations, the district board shall set a 37 time and place for an oral public hearing, but if no one appears who 38 will be directly affected by the proposal and requests an oral 39 hearing, the district board may proceed immediately to act upon any 40 written submissions. The district board shall consider fully all 41 written and oral submissions respecting the proposal. 42 – 4 – - *AB438* 6. Each district board of health shall file a copy of all of its 1 adopted regulations with the county clerk of each county in which it 2 has jurisdiction. 3 Sec. 2. NRS 441A.560 is hereby amended to read as follows: 4 441A.560 1. An application to a health authority for an order 5 of emergency isolation or quarantine of a person or a group of 6 persons alleged to have been infected with or exposed to a 7 communicable disease may only be made by another health 8 authority, a physician, a physician assistant licensed pursuant to 9 chapter 630 or 633 of NRS, a registered nurse or a medical facility 10 by submitting the certificate required by NRS 441A.570. Within its 11 jurisdiction, upon application or on its own, subject to the provisions 12 of NRS 441A.505 to 441A.720, inclusive, a health authority may: 13 (a) Pursuant to its own order and without a warrant: 14 (1) Take a person or group of persons alleged to and 15 reasonably believed by the health authority to have been infected 16 with or exposed to a communicable disease into custody in any safe 17 location under emergency isolation or quarantine for testing, 18 examination, observation and the provision of or arrangement for 19 the provision of consensual medical treatment; and 20 (2) Transport the person or group of persons alleged to and 21 reasonably believed by the health authority to have been infected 22 with or exposed to a communicable disease to a public or private 23 medical facility, a residence or other safe location for that purpose, 24 or arrange for the person or group of persons to be transported for 25 that purpose by: 26 (I) A local law enforcement agency; 27 (II) A [system] vehicle for [the] nonemergency medical 28 transportation [of persons whose operation is authorized by the 29 Nevada Transportation Authority;] operated by a person who holds 30 a permit issued pursuant to the provisions of chapter 450B of 31 NRS; or 32 (III) If medically necessary, an ambulance service that 33 holds a permit issued pursuant to the provisions of chapter 450B of 34 NRS, 35 only if the health authority acting in good faith has, based upon 36 personal observation, its own epidemiological investigation or an 37 epidemiological investigation by another health authority, a 38 physician, a physician assistant licensed pursuant to chapter 630 or 39 633 of NRS or a registered nurse as stated in a certificate submitted 40 pursuant to NRS 441A.570, if such a certificate was submitted, of 41 the person or group of persons alleged to have been infected with or 42 exposed to a communicable disease, a reasonable factual and 43 medical basis to believe that the person or group of persons has been 44 infected with or exposed to a communicable disease, and that 45 – 5 – - *AB438* because of the risks of that disease, the person or group of persons is 1 likely to be an immediate threat to the health of members of the 2 public who have not been infected with or exposed to the 3 communicable disease. 4 (b) Petition a district court for an emergency order requiring: 5 (1) Any health authority or peace officer to take a person or 6 group of persons alleged to have been infected with or exposed to a 7 communicable disease into custody to allow the health authority to 8 investigate, file and prosecute a petition for the involuntary court-9 ordered isolation or quarantine of the person or group of persons 10 alleged to have been infected with or exposed to a communicable 11 disease in the manner set forth in NRS 441A.505 to 441A.720, 12 inclusive; and 13 (2) Any agency, [system] vehicle or service described in 14 subparagraph (2) of paragraph (a) to transport, in accordance with 15 such court order, the person or group of persons alleged to have 16 been infected with or exposed to a communicable disease to a public 17 or private medical facility, a residence or other safe location for that 18 purpose. 19 2. The district court may issue an emergency order for isolation 20 or quarantine pursuant to paragraph (b) of subsection 1: 21 (a) Only for the time deemed necessary by the court to allow a 22 health authority to investigate, file and prosecute each petition for 23 involuntary court-ordered isolation or quarantine pursuant to NRS 24 441A.505 to 441A.720, inclusive; and 25 (b) Only if it is satisfied that there is probable cause to believe 26 that the person or group of persons alleged to have been infected 27 with or exposed to a communicable disease has been infected with 28 or exposed to a communicable disease, and that because of the risks 29 of that disease, the person or group of persons is likely to be an 30 immediate threat to the health of the public. 31 Sec. 3. NRS 441A.720 is hereby amended to read as follows: 32 441A.720 When any involuntary court isolation or quarantine 33 is ordered under the provisions of NRS 441A.505 to 441A.720, 34 inclusive, the involuntarily isolated or quarantined person, together 35 with the court orders, any certificates of the health authorities, 36 physicians, physician assistants licensed pursuant to chapter 630 or 37 633 of NRS or registered nurses, the written summary of the 38 evaluation team and a full and complete transcript of the notes of 39 the official reporter made at the examination of such person before 40 the court, must be delivered to the sheriff of the appropriate county 41 who must be ordered to: 42 1. Transport the person; or 43 2. Arrange for the person to be transported by: 44 – 6 – - *AB438* (a) A [system] vehicle for [the] nonemergency medical 1 transportation [of persons whose operation is authorized by the 2 Nevada Transportation Authority;] operated by a person who holds 3 a permit issued pursuant to the provisions of chapter 450B of 4 NRS; or 5 (b) If medically necessary, an ambulance service that holds a 6 permit issued pursuant to the provisions of chapter 450B of NRS, 7 to the appropriate public or private medical facility, residence or 8 other safe location. 9 Sec. 4. Chapter 450B of NRS is hereby amended by adding 10 thereto the provisions set forth as sections 5 and 6 of this act. 11 Sec. 5. “Nonemergency medical transportation” means the 12 use of a motor vehicle to transport a person for the purpose of 13 receiving nonemergency medical care, including, without 14 limitation, transportation for a medical examination or treatment. 15 Sec. 6. 1. An operator of a vehicle for nonemergency 16 medical transportation that enters into an agreement for the 17 purchase of its service by an incorporated city, county or regional 18 transportation commission to operate a vehicle for nonemergency 19 medical transportation to facilitate the participation of persons in 20 jobs and day training services is not required to obtain a permit 21 pursuant to NRS 450B.200 or 450B.210 if the transportation is 22 available upon request and without regard to regular routes or 23 fixed schedules. 24 2. Except as otherwise provided in this subsection, an 25 incorporated city, county or regional transportation commission 26 that enters into an agreement with an operator of a vehicle for 27 nonemergency medical transportation pursuant to subsection 1 28 shall provide any required safety inspections. If the incorporated 29 city, county or regional transportation commission is unable to do 30 so, the health authority shall provide for any necessary safety 31 inspections. 32 3. As used in this section, “jobs and day training services” 33 has the meaning ascribed to it in NRS 435.176. 34 Sec. 7. NRS 450B.020 is hereby amended to read as follows: 35 450B.020 As used in this chapter, unless the context otherwise 36 requires, the words and terms defined in NRS 450B.025 to 37 450B.110, inclusive, and section 5 of this act have the meanings 38 ascribed to them in those sections. 39 Sec. 8. NRS 450B.100 is hereby amended to read as follows: 40 450B.100 “Permit” means the permit issued by the health 41 authority under the provisions of this chapter to: 42 1. A person, agency of the State or political subdivision to own 43 or operate an ambulance or air ambulance in the State of Nevada; 44 [or] 45 – 7 – - *AB438* 2. A fire-fighting agency to provide: 1 (a) Medical care by emergency medical technicians, advanced 2 emergency medical technicians or paramedics to sick or injured 3 persons: 4 (1) At the scene of an emergency; or 5 (2) At the scene of an emergency and while transporting 6 those persons to a medical facility; and 7 (b) Community paramedicine services, but only if the fire-8 fighting agency has obtained an endorsement on the permit to 9 provide such services pursuant to NRS 450B.1993 [.] ; or 10 3. A person to own or operate a vehicle for nonemergency 11 medical transportation in the State of Nevada. 12 Sec. 9. NRS 450B.130 is hereby amended to read as follows: 13 450B.130 1. The board shall adopt regulations establishing 14 reasonable minimum standards for: 15 (a) Sanitation in ambulances , [and] air ambulances [;] and 16 vehicles for nonemergency medical transportation; 17 (b) Medical and nonmedical equipment and supplies to be 18 carried in ambulances and vehicles for nonemergency medical 19 transportation and medical equipment and supplies to be carried in 20 air ambulances and vehicles of a fire-fighting agency; 21 (c) Interior configuration, design and dimensions of ambulances 22 placed in service after July 1, 1979; 23 (d) Permits for operation of ambulances, air ambulances , [and] 24 vehicles of a fire-fighting agency [;] and vehicles for 25 nonemergency medical transportation; 26 (e) Records to be maintained by an operator of an ambulance 27 [or] , an air ambulance or a vehicle for nonemergency medical 28 transportation or by a fire-fighting agency; and 29 (f) Treatment of patients who are critically ill or in urgent need 30 of treatment. 31 2. Any regulations adopted by the board pursuant to subsection 32 1 establishing reasonable minimum standards for a permit for the 33 operation of an air ambulance or records to be maintained by an 34 operator of an air ambulance must: 35 (a) Except as otherwise provided in paragraph (b), be based on 36 the medical aspects of the operation of an air ambulance, including, 37 without limitation, aspects related to patient care; and 38 (b) Not be based on economic factors, including, without 39 limitation, factors related to the prices, routes or nonmedical 40 services of an air ambulance. 41 3. The health officers of this state shall jointly adopt 42 regulations to establish the minimum standards for the certification 43 or licensure of persons who provide emergency medical care. Upon 44 adoption of the regulations, each health authority shall adopt the 45 – 8 – - *AB438* regulations for its jurisdiction. After each health authority adopts the 1 regulations, the standards established constitute the minimum 2 standards for certification or licensure of persons who provide 3 emergency medical care in this state. Any changes to the minimum 4 standards must be adopted jointly by the health officers and by each 5 health authority in the manner set forth in this subsection. Any 6 changes in the minimum standards which are not adopted in the 7 manner set forth in this subsection are void. 8 4. A health officer may adopt regulations that impose 9 additional requirements for the certification or licensure of persons 10 who provide emergency medical care in the jurisdiction of the 11 health officer, but the health officer must accept the certification or 12 licensure of a person who provides emergency medical care from 13 the jurisdiction of another health officer as proof that the person 14 who provides emergency medical care has met the minimum 15 requirements for certification or licensure. 16 5. As used in this section, “person who provides emergency 17 medical care” means an emergency medical technician, advanced 18 emergency medical technician, paramedic, attendant of an 19 ambulance or air ambulance or firefighter employed by or serving 20 with a fire-fighting agency. 21 Sec. 10. NRS 450B.140 is hereby amended to read as follows: 22 450B.140 1. In adopting regulations under NRS 450B.120 23 and 450B.130, the board may use standards and regulations 24 proposed by: 25 (a) The Committee on Trauma of the American College of 26 Surgeons; 27 (b) The United States Department of Transportation; 28 (c) The United States Public Health Service; 29 (d) The Bureau of Health Insurance of the Social Security 30 Administration; 31 (e) The American Academy of Orthopaedic Surgeons; 32 (f) The National Academy of Sciences—National Research 33 Council; 34 (g) The American Heart Association; and 35 (h) Regional, state and local emergency medical services 36 committees and councils. 37 2. The board may establish different standards for commercial, 38 volunteer, industrial and other categories of ambulances , [and] fire-39 fighting agencies and vehicles for nonemergency medical 40 transportation to reflect different circumstances and in the public 41 interest. 42 – 9 – - *AB438* Sec. 11. NRS 450B.1993 is hereby amended to read as 1 follows: 2 450B.1993 1. The board shall adopt regulations to provide 3 for the issuance of an endorsement on a permit , other than a permit 4 to own or operate a vehicle for nonemergency medical 5 transportation, which allows an emergency medical provider who is 6 employed by or serves as a volunteer for the holder of the permit to 7 provide community paramedicine services. Such regulations must 8 establish, without limitation: 9 (a) The manner in which to apply for an endorsement; 10 (b) The qualifications and requirements of a holder of a permit 11 to obtain an endorsement; 12 (c) The required training and qualifications of an emergency 13 medical provider who will provide community paramedicine 14 services and the proof necessary to demonstrate such training and 15 qualifications; 16 (d) The scope of the community paramedicine services that may 17 be provided by an emergency medical provider who is employed by 18 or serves as a volunteer for the holder of the permit, which must not 19 include any services that are outside the scope of practice of the 20 emergency medical provider; 21 (e) The continuing education requirements or other evidence of 22 continued competency for renewal of the endorsement; and 23 (f) Such other requirements as the board deems necessary to 24 carry out the provisions of this section and NRS 450B.199 and 25 450B.1996. 26 2. The holder of a permit , other than a permit to own or 27 operate a vehicle for nonemergency medical transportation, may 28 apply for an endorsement to provide community paramedicine 29 services by submitting to the health authority an application upon 30 forms prescribed by the board and in accordance with procedures 31 established by the board. The health authority must not approve an 32 application for an endorsement or a renewal of an endorsement 33 unless the applicant meets the requirements prescribed by the board 34 by regulation pursuant to subsection 1. No additional fee may be 35 charged for an endorsement. 36 3. An endorsement to provide community paramedicine 37 services expires on the same date as the permit and is renewable 38 annually thereafter at least 30 days before the expiration date. 39 4. An emergency medical provider may provide community 40 paramedicine services only as an employee of or volunteer for the 41 holder of a permit who has obtained an endorsement and only if the 42 emergency medical provider possesses the training and 43 qualifications required by the board. Any services provided must not 44 exceed the scope of practice of the emergency medical provider. 45 – 10 – - *AB438* Sec. 12. NRS 450B.200 is hereby amended to read as follows: 1 450B.200 1. The health authority may issue a permit for: 2 (a) The operation of an ambulance or an air ambulance; [or] 3 (b) The operation of a vehicle of a fire-fighting agency: 4 (1) At the scene of an emergency; and 5 (2) To provide community paramedicine services, but only if 6 the holder of the permit has obtained an endorsement on the permit 7 to provide such services pursuant to NRS 450B.1993 [.] ; or 8 (c) The operation of a vehicle for nonemergency medical 9 transportation. 10 2. Each permit must be evidenced by a card issued to the 11 holder of the permit. 12 3. No permit may be issued unless the applicant is qualified 13 pursuant to the regulations of the board. 14 4. An application for a permit must be made upon forms 15 prescribed by the board and in accordance with procedures 16 established by the board, and must contain the following: 17 (a) The name and address of the owner of the ambulance , [or] 18 air ambulance , [or of the] fire-fighting agency [;] or vehicle for 19 nonemergency medical transportation; 20 (b) The name under which the applicant is doing business or 21 proposes to do business, if applicable; 22 (c) A description of each ambulance, air ambulance , [or] 23 vehicle of a fire-fighting agency [,] or vehicle for nonemergency 24 medical transportation, including the make, year of manufacture 25 and chassis number, and the color scheme, insigne, name, 26 monogram or other distinguishing characteristics to be used to 27 designate the applicant’s ambulance, air ambulance or vehicle; 28 (d) The location and description of the places from which the 29 ambulance, air ambulance , [or] fire-fighting agency or vehicle for 30 nonemergency medical transportation intends to operate; and 31 (e) Such other information as the board deems reasonable and 32 necessary to a fair determination of compliance with the provisions 33 of this chapter. 34 5. The board shall establish a reasonable fee for annual 35 permits. The fee for a permit for the operation of a vehicle for 36 nonemergency medical transportation must not exceed $200. 37 Revenue from such fees collected by the Division must be 38 accounted for separately and does not revert to the State General 39 Fund at the end of any fiscal year. 40 6. All permits expire on July 1 following the date of issue, and 41 are renewable annually thereafter upon payment of the fee required 42 by subsection 5 at least 30 days before the expiration date. 43 7. The health authority shall: 44 – 11 – - *AB438* (a) Revoke, suspend or refuse to renew any permit issued 1 pursuant to this section for violation of any provision of this chapter 2 or of any regulation adopted by the board; or 3 (b) Bring an action in any court for violation of this chapter or 4 the regulations adopted pursuant to this chapter, 5 only after the holder of a permit is afforded an opportunity for a 6 public hearing pursuant to regulations adopted by the board. 7 8. The health authority may suspend a permit if the holder is 8 using an ambulance, air ambulance or vehicle of a fire-fighting 9 agency or for nonemergency medical transportation which does 10 not meet the minimum requirements for equipment as established by 11 the board pursuant to this chapter. 12 9. In determining whether to issue a permit for the operation of 13 an air ambulance pursuant to this section, the health authority: 14 (a) Except as otherwise provided in paragraph (b), may consider 15 the medical aspects of the operation of an air ambulance, including, 16 without limitation, aspects related to patient care; and 17 (b) Shall not consider economic factors, including, without 18 limitation, factors related to the prices, routes or nonmedical 19 services of an air ambulance. 20 10. The issuance of a permit pursuant to this section or NRS 21 450B.210 does not authorize any [person] : 22 (a) Person or governmental entity to provide those services or to 23 operate any ambulance, air ambulance or vehicle of a fire-fighting 24 agency not in conformity with any ordinance or regulation enacted 25 by any county, municipality or special purpose district. 26 (b) Person to operate any vehicle for nonemergency medical 27 transportation not in conformity with any ordinance or regulation 28 enacted by any county, municipality or special purpose district. 29 11. A permit issued pursuant to this section is valid throughout 30 the State, whether issued by the Division or a district board of 31 health. An ambulance, air ambulance , [or] vehicle of a fire-fighting 32 agency or vehicle for nonemergency medical transportation which 33 has received a permit from the district board of health in a county 34 whose population is 700,000 or more is not required to obtain a 35 permit from the Division, even if the ambulance, air ambulance , 36 [or] vehicle of a fire-fighting agency or vehicle for nonemergency 37 medical transportation has routine operations outside the county. 38 12. The Division shall maintain a central registry of all permits 39 issued pursuant to this section, whether issued by the Division or a 40 district board of health. 41 13. The board shall adopt such regulations as are necessary to 42 carry out the provisions of this section. 43 – 12 – - *AB438* Sec. 13. NRS 450B.210 is hereby amended to read as follows: 1 450B.210 1. The board may issue provisional permits limited 2 as to time, place and purpose, based on the need therefor. No 3 provisional permit may be issued for a period of longer than 6 4 months. The board may establish a reasonable fee for such 5 provisional permits. Revenue from such fees collected by the 6 Division must be accounted for separately and does not revert to the 7 State General Fund at the end of any fiscal year. 8 2. Unless otherwise limited in the permit, a provisional permit 9 issued pursuant to this section is valid for providing emergency 10 services or nonemergency medical transportation services, as 11 applicable, throughout the State, whether issued by the Division or a 12 district board of health. 13 3. In determining whether to issue a permit for the operation of 14 an air ambulance pursuant to this section, the health authority: 15 (a) Except as otherwise provided in paragraph (b), may consider 16 the medical aspects of the operation of an air ambulance, including, 17 without limitation, aspects related to patient care; and 18 (b) Shall not consider economic factors, including, without 19 limitation, factors related to the prices, routes or nonmedical 20 services of an air ambulance. 21 Sec. 14. NRS 450B.230 is hereby amended to read as follows: 22 450B.230 1. The public or private owner of an ambulance or 23 air ambulance , [or] the fire-fighting agency who owns a vehicle 24 used in providing emergency medical care or the private owner of a 25 vehicle for nonemergency medical transportation shall not permit 26 its operation and use without the equipment required by regulations 27 and standards of the board. 28 2. The provisions of this section do not apply to the equipment 29 in or of an air ambulance unless the equipment is related to the 30 medical aspects of the operation of the air ambulance. 31 Sec. 15. NRS 450B.235 is hereby amended to read as follows: 32 450B.235 1. Each public and private owner of an ambulance 33 and each private owner of a vehicle for nonemergency medical 34 transportation shall file his or her schedule of rates with the health 35 authority. Any change in a schedule of an ambulance or vehicle for 36 nonemergency medical transportation must be filed before the 37 change becomes effective. 38 2. The health authority shall keep each schedule of rates or 39 changes filed with it for at least 3 years after the schedule has been 40 superseded or otherwise become ineffective. 41 Sec. 16. NRS 450B.240 is hereby amended to read as follows: 42 450B.240 1. A person or governmental entity shall not 43 engage in the operation of any ambulance or air ambulance service 44 – 13 – - *AB438* in this state without a currently valid permit for that service issued 1 by the health authority. 2 2. A fire-fighting agency shall not provide the level of medical 3 care provided by an advanced emergency medical technician or 4 paramedic to sick or injured persons at the scene of an emergency or 5 while transporting those persons to a medical facility without a 6 currently valid permit for that care issued by the health authority. 7 3. A person or governmental entity shall not provide 8 community paramedicine services or represent, advertise or 9 otherwise imply that it is authorized to provide community 10 paramedicine services without a currently valid permit with an 11 endorsement to provide community paramedicine services issued by 12 the health authority pursuant to NRS 450B.1993. 13 4. A person shall not engage in the operation of a vehicle for 14 nonemergency medical transportation in this state without a 15 currently valid permit for that service issued by the health 16 authority. 17 5. Nothing in this section precludes the operation of an aircraft 18 in this state in a manner other than as an air ambulance. 19 Sec. 17. NRS 450B.820 is hereby amended to read as follows: 20 450B.820 The issuance of a permit does not authorize any 21 person, firm, corporation or association to provide ambulance 22 services or nonemergency medical transportation services or to 23 operate an ambulance or a vehicle for nonemergency medical 24 transportation without a franchise or permit in any county or 25 incorporated city which has enacted an ordinance making it 26 unlawful to do so. 27 Sec. 18. NRS 450B.830 is hereby amended to read as follows: 28 450B.830 The following are exempted from the provisions of 29 this chapter: 30 1. The occasional use of a vehicle or aircraft to transport 31 injured or sick persons, which vehicle or aircraft is not ordinarily 32 used in the business of transporting persons who are sick or injured. 33 2. A vehicle or aircraft rendering services as an ambulance or 34 air ambulance in case of a major catastrophe or emergency if 35 ambulance or air ambulance services with permits are insufficient to 36 render the services required. 37 3. Persons rendering service as attendants in case of a major 38 catastrophe or emergency if licensed attendants cannot be secured. 39 4. Ambulances based outside this State. 40 5. Air ambulances based outside this State which: 41 (a) Deliver patients from a location outside this State to a 42 location within this State; and 43 (b) Do not receive any patients within this State. 44 – 14 – - *AB438* 6. Attendants based outside this State rendering service solely 1 on ambulances which are exempt from the provisions of this 2 chapter. 3 7. Attendants rendering service solely on air ambulances which 4 are exempt from the provisions of this chapter. 5 8. Vehicles owned and operated by search and rescue 6 organizations chartered by the State as corporations not for profit or 7 otherwise existing as nonprofit associations which are not regularly 8 used to transport injured or sick persons except as part of rescue 9 operations. 10 9. Ambulances or air ambulances owned and operated by an 11 agency of the United States Government. 12 10. Vehicles for nonemergency medical transportation owned 13 and operated by a governmental entity. 14 Sec. 19. NRS 200.5093 is hereby amended to read as follows: 15 200.5093 1. Any person who is described in subsection 4 and 16 who, in a professional or occupational capacity, knows or has 17 reasonable cause to believe that an older person or vulnerable 18 person has been abused, neglected, exploited, isolated or abandoned 19 shall: 20 (a) Except as otherwise provided in subsection 2, report the 21 abuse, neglect, exploitation, isolation or abandonment of the older 22 person or vulnerable person to: 23 (1) The local office of the Aging and Disability Services 24 Division of the Department of Health and Human Services; 25 (2) A police department or sheriff’s office; or 26 (3) A toll-free telephone service designated by the Aging and 27 Disability Services Division of the Department of Health and 28 Human Services; and 29 (b) Make such a report as soon as reasonably practicable but not 30 later than 24 hours after the person knows or has reasonable cause to 31 believe that the older person or vulnerable person has been abused, 32 neglected, exploited, isolated or abandoned. 33 2. If a person who is required to make a report pursuant to 34 subsection 1 knows or has reasonable cause to believe that the 35 abuse, neglect, exploitation, isolation or abandonment of the older 36 person or vulnerable person involves an act or omission of the 37 Aging and Disability Services Division, another division of the 38 Department of Health and Human Services or a law enforcement 39 agency, the person shall make the report to an agency other than the 40 one alleged to have committed the act or omission. 41 3. Each agency, after reducing a report to writing, shall forward 42 a copy of the report to the Aging and Disability Services Division of 43 the Department of Health and Human Services and the Unit for the 44 Investigation and Prosecution of Crimes. 45 – 15 – - *AB438* 4. A report must be made pursuant to subsection 1 by the 1 following persons: 2 (a) Every physician, dentist, dental hygienist, expanded function 3 dental assistant, chiropractic physician, naprapath, optometrist, 4 podiatric physician, medical examiner, resident, intern, professional 5 or practical nurse, physician assistant licensed pursuant to chapter 6 630 or 633 of NRS, anesthesiologist assistant, perfusionist, 7 psychiatrist, psychologist, marriage and family therapist, clinical 8 professional counselor, clinical alcohol and drug counselor, alcohol 9 and drug counselor, music therapist, athletic trainer, driver of an 10 ambulance, driver of a vehicle for nonemergency medical 11 transportation, paramedic, licensed dietitian, holder of a license or a 12 limited license issued under the provisions of chapter 653 of NRS, 13 behavior analyst, assistant behavior analyst, registered behavior 14 technician, peer recovery support specialist, as defined in NRS 15 433.627, peer recovery support specialist supervisor, as defined in 16 NRS 433.629, or other person providing medical services licensed 17 or certified to practice in this State, who examines, attends or treats 18 an older person or vulnerable person who appears to have been 19 abused, neglected, exploited, isolated or abandoned. 20 (b) Any personnel of a hospital or similar institution engaged in 21 the admission, examination, care or treatment of persons or an 22 administrator, manager or other person in charge of a hospital or 23 similar institution upon notification of the suspected abuse, neglect, 24 exploitation, isolation or abandonment of an older person or 25 vulnerable person by a member of the staff of the hospital. 26 (c) A coroner. 27 (d) Every person who maintains or is employed by an agency to 28 provide personal care services in the home. 29 (e) Every person who maintains or is employed by an agency to 30 provide nursing in the home. 31 (f) Every person who operates, who is employed by or who 32 contracts to provide services for an intermediary service 33 organization as defined in NRS 449.4304. 34 (g) Any employee of the Department of Health and Human 35 Services, except the State Long-Term Care Ombudsman appointed 36 pursuant to NRS 427A.125 and any of his or her advocates or 37 volunteers where prohibited from making such a report pursuant to 38 45 C.F.R. § 1321.11. 39 (h) Any employee of a law enforcement agency or a county’s 40 office for protective services or an adult or juvenile probation 41 officer. 42 (i) Any person who maintains or is employed by a facility or 43 establishment that provides care for older persons or vulnerable 44 persons. 45 – 16 – - *AB438* (j) Any person who maintains, is employed by or serves as a 1 volunteer for an agency or service which advises persons regarding 2 the abuse, neglect, exploitation, isolation or abandonment of an 3 older person or vulnerable person and refers them to persons and 4 agencies where their requests and needs can be met. 5 (k) Every social worker. 6 (l) Any person who owns or is employed by a funeral home or 7 mortuary. 8 (m) Every person who operates or is employed by a community 9 health worker pool, as defined in NRS 449.0028, or with whom a 10 community health worker pool contracts to provide the services of a 11 community health worker, as defined in NRS 449.0027. 12 (n) Every person who is enrolled with the Division of Health 13 Care Financing and Policy of the Department of Health and Human 14 Services to provide doula services to recipients of Medicaid 15 pursuant to NRS 422.27177. 16 5. A report may be made by any other person. 17 6. If a person who is required to make a report pursuant to 18 subsection 1 knows or has reasonable cause to believe that an older 19 person or vulnerable person has died as a result of abuse, neglect, 20 isolation or abandonment, the person shall, as soon as reasonably 21 practicable, report this belief to the appropriate medical examiner or 22 coroner, who shall investigate the cause of death of the older person 23 or vulnerable person and submit to the appropriate local law 24 enforcement agencies, the appropriate prosecuting attorney, the 25 Aging and Disability Services Division of the Department of Health 26 and Human Services and the Unit for the Investigation and 27 Prosecution of Crimes his or her written findings. The written 28 findings must include the information required pursuant to the 29 provisions of NRS 200.5094, when possible. 30 7. A division, office or department which receives a report 31 pursuant to this section shall cause the investigation of the report to 32 commence within 3 working days. A copy of the final report of the 33 investigation conducted by a division, office or department, other 34 than the Aging and Disability Services Division of the Department 35 of Health and Human Services, must be forwarded within 30 days 36 after the completion of the report to the: 37 (a) Aging and Disability Services Division; 38 (b) Repository for Information Concerning Crimes Against 39 Older Persons or Vulnerable Persons created by NRS 179A.450; 40 and 41 (c) Unit for the Investigation and Prosecution of Crimes. 42 8. If the investigation of a report results in the belief that an 43 older person or vulnerable person is abused, neglected, exploited, 44 isolated or abandoned, the Aging and Disability Services Division 45 – 17 – - *AB438* of the Department of Health and Human Services or the county’s 1 office for protective services may provide protective services to the 2 older person or vulnerable person if the older person or vulnerable 3 person is able and willing to accept them. 4 9. A person who knowingly and willfully violates any of the 5 provisions of this section is guilty of a misdemeanor. 6 10. As used in this section, “Unit for the Investigation and 7 Prosecution of Crimes” means the Unit for the Investigation and 8 Prosecution of Crimes Against Older Persons or Vulnerable Persons 9 in the Office of the Attorney General created pursuant to 10 NRS 228.265. 11 Sec. 20. NRS 432B.220 is hereby amended to read as follows: 12 432B.220 1. Any person who is described in subsection 4 13 and who, in his or her professional or occupational capacity, knows 14 or has reasonable cause to believe that a child has been abused or 15 neglected shall: 16 (a) Except as otherwise provided in subsection 2, report the 17 abuse or neglect of the child to an agency which provides child 18 welfare services or to a law enforcement agency; and 19 (b) Make such a report as soon as reasonably practicable but not 20 later than 24 hours after the person knows or has reasonable cause to 21 believe that the child has been abused or neglected. 22 2. If a person who is required to make a report pursuant to 23 subsection 1 knows or has reasonable cause to believe that the abuse 24 or neglect of the child involves an act or omission of: 25 (a) A person directly responsible or serving as a volunteer for or 26 an employee of a public or private home, institution or facility 27 where the child is receiving child care outside of the home for a 28 portion of the day, the person shall make the report to a law 29 enforcement agency. 30 (b) An agency which provides child welfare services or a law 31 enforcement agency, the person shall make the report to an agency 32 other than the one alleged to have committed the act or omission, 33 and the investigation of the abuse or neglect of the child must be 34 made by an agency other than the one alleged to have committed the 35 act or omission. 36 3. Any person who is described in paragraph (a) of subsection 37 4 who delivers or provides medical services to a newborn infant and 38 who, in his or her professional or occupational capacity, knows or 39 has reasonable cause to believe that the newborn infant has been 40 affected by a fetal alcohol spectrum disorder or prenatal substance 41 use disorder or has withdrawal symptoms resulting from prenatal 42 substance exposure shall, as soon as reasonably practicable but not 43 later than 24 hours after the person knows or has reasonable cause to 44 believe that the newborn infant is so affected or has such symptoms, 45 – 18 – - *AB438* notify an agency which provides child welfare services of the 1 condition of the infant and refer each person who is responsible for 2 the welfare of the infant to an agency which provides child welfare 3 services for appropriate counseling, training or other services. A 4 notification and referral to an agency which provides child welfare 5 services pursuant to this subsection shall not be construed to require 6 prosecution for any illegal action. 7 4. A report must be made pursuant to subsection 1 by the 8 following persons: 9 (a) A person providing services licensed or certified in this State 10 pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 11 633, 634, 634A, 634B, 635, 636, 637, 637B, 639, 640, 640A, 640B, 12 640C, 640D, 640E, 641, 641A, 641B, 641C, 641D or 653 of NRS or 13 practicing as an emergency medical technician, advanced 14 emergency medical technician or paramedic in this State under the 15 Recognition of Emergency Medical Services Personnel Licensure 16 Interstate Compact ratified by NRS 450B.145. 17 (b) Any personnel of a medical facility licensed pursuant to 18 chapter 449 of NRS who are engaged in the admission, examination, 19 care or treatment of persons or an administrator, manager or other 20 person in charge of such a medical facility upon notification of 21 suspected abuse or neglect of a child by a member of the staff of the 22 medical facility. 23 (c) A coroner. 24 (d) A member of the clergy, practitioner of Christian Science or 25 religious healer, unless the person has acquired the knowledge of the 26 abuse or neglect from the offender during a confession. 27 (e) A person employed by a public school or private school and 28 any person who serves as a volunteer at such a school. 29 (f) Any person who maintains or is employed by a facility or 30 establishment that provides care for children, children’s camp or 31 other public or private facility, institution or agency furnishing care 32 to a child. 33 (g) Any person licensed pursuant to chapter 424 of NRS to 34 conduct a foster home. 35 (h) Any officer or employee of a law enforcement agency or an 36 adult or juvenile probation officer. 37 (i) Except as otherwise provided in NRS 432B.225, an attorney. 38 (j) Any person who maintains, is employed by or serves as a 39 volunteer for an agency or service which advises persons regarding 40 abuse or neglect of a child and refers them to persons and agencies 41 where their requests and needs can be met. 42 (k) Any person who is employed by or serves as a volunteer for 43 a youth shelter. As used in this paragraph, “youth shelter” has the 44 meaning ascribed to it in NRS 244.427. 45 – 19 – - *AB438* (l) Any adult person who is employed by an entity that provides 1 organized activities for children, including, without limitation, a 2 person who is employed by a school district or public school. 3 (m) Any person who is enrolled with the Division of Health 4 Care Financing and Policy of the Department of Health and Human 5 Services to provide doula services to recipients of Medicaid 6 pursuant to NRS 422.27177. 7 (n) A peer recovery support specialist, as defined in NRS 8 433.627, or peer recovery support specialist supervisor, as defined 9 in NRS 433.629. 10 (o) A driver of a vehicle for nonemergency medical 11 transportation. 12 5. A report may be made by any other person. 13 6. If a person who is required to make a report pursuant to 14 subsection 1 knows or has reasonable cause to believe that a child 15 has died as a result of abuse or neglect, the person shall, as soon as 16 reasonably practicable, report this belief to an agency which 17 provides child welfare services or a law enforcement agency. If such 18 a report is made to a law enforcement agency, the law enforcement 19 agency shall notify an agency which provides child welfare services 20 and the appropriate medical examiner or coroner of the report. If 21 such a report is made to an agency which provides child welfare 22 services, the agency which provides child welfare services shall 23 notify the appropriate medical examiner or coroner of the report. 24 The medical examiner or coroner who is notified of a report 25 pursuant to this subsection shall investigate the report and submit 26 his or her written findings to the appropriate agency which provides 27 child welfare services, the appropriate district attorney and a law 28 enforcement agency. The written findings must include, if 29 obtainable, the information required pursuant to the provisions of 30 subsection 2 of NRS 432B.230. 31 7. The agency, board, bureau, commission, department, 32 division or political subdivision of the State responsible for the 33 licensure, certification or endorsement of a person who is described 34 in subsection 4 and who is required in his or her professional or 35 occupational capacity to be licensed, certified or endorsed in this 36 State shall, at the time of initial licensure, certification or 37 endorsement: 38 (a) Inform the person, in writing or by electronic 39 communication, of his or her duty as a mandatory reporter pursuant 40 to this section; 41 (b) Obtain a written acknowledgment or electronic record from 42 the person that he or she has been informed of his or her duty 43 pursuant to this section; and 44 – 20 – - *AB438* (c) Maintain a copy of the written acknowledgment or electronic 1 record for as long as the person is licensed, certified or endorsed in 2 this State. 3 8. The employer of a person who is described in subsection 4 4 and who is not required in his or her professional or occupational 5 capacity to be licensed, certified or endorsed in this State must, upon 6 initial employment of the person: 7 (a) Inform the person, in writing or by electronic 8 communication, of his or her duty as a mandatory reporter pursuant 9 to this section; 10 (b) Obtain a written acknowledgment or electronic record from 11 the person that he or she has been informed of his or her duty 12 pursuant to this section; and 13 (c) Maintain a copy of the written acknowledgment or electronic 14 record for as long as the person is employed by the employer. 15 9. Before a person may serve as a volunteer at a public school 16 or private school, the school must: 17 (a) Inform the person, in writing or by electronic 18 communication, of his or her duty as a mandatory reporter pursuant 19 to this section and NRS 392.303; 20 (b) Obtain a written acknowledgment or electronic record from 21 the person that he or she has been informed of his or her duty 22 pursuant to this section and NRS 392.303; and 23 (c) Maintain a copy of the written acknowledgment or electronic 24 record for as long as the person serves as a volunteer at the school. 25 10. The provisions of subsection 8 do not apply to the 26 employer of a person practicing as an emergency medical 27 technician, advanced emergency medical technician or paramedic in 28 this State under the Recognition of Emergency Medical Services 29 Personnel Licensure Interstate Compact ratified by NRS 450B.145. 30 11. As used in this section: 31 (a) “Private school” has the meaning ascribed to it in 32 NRS 394.103. 33 (b) “Public school” has the meaning ascribed to it in 34 NRS 385.007. 35 Sec. 21. NRS 433A.160 is hereby amended to read as follows: 36 433A.160 1. An officer authorized to make arrests in the 37 State of Nevada or a physician, physician assistant, psychologist, 38 marriage and family therapist, clinical professional counselor, social 39 worker or registered nurse who, based on his or her personal 40 observation of a person or the issuance of a court order pursuant to 41 NRS 433A.155, has probable cause to believe that the person is a 42 person in a mental health crisis, may place the person on a mental 43 health crisis hold by: 44 – 21 – - *AB438* (a) Taking the person into custody without a warrant for 1 assessment, evaluation, intervention and treatment at a public or 2 private mental health facility or hospital; and 3 (b) Completing and providing to the public or private mental 4 health facility or hospital the form prescribed pursuant to NRS 5 433A.085 for the placement of a person on a mental health crisis 6 hold. The form must set forth the circumstances under which the 7 person was taken into custody and the reasons therefor. 8 2. A person who places another person on a mental health 9 crisis hold pursuant to subsection 1 may transport that person to a 10 public or private mental health facility or hospital or arrange for the 11 person to be transported by: 12 (a) A local law enforcement agency; 13 (b) A [system] vehicle for [the] nonemergency medical 14 transportation [of persons whose operation is authorized by the 15 Nevada Transportation Authority;] operated by a person who holds 16 a permit issued pursuant to the provisions of chapter 450B of 17 NRS; 18 (c) An entity that is exempt pursuant to NRS 706.745 from the 19 provisions of NRS 706.386 or 706.421; 20 (d) An accredited agent of the Division; 21 (e) A provider of nonemergency secure behavioral health 22 transport services licensed under the regulations adopted pursuant to 23 NRS 433.3317; or 24 (f) If medically necessary, an ambulance service that holds a 25 permit issued pursuant to the provisions of chapter 450B of NRS. 26 3. To the extent practicable, a person described in subsection 1 27 shall attempt to obtain the consent of the parent or guardian of an 28 unemancipated person who is less than 18 years of age before 29 placing the person on a mental health crisis hold. The person who 30 places an unemancipated person who is less than 18 years of age on 31 a mental health crisis hold or, if the person is acting within the scope 32 of his or her employment, the employer of the person, shall maintain 33 documentation of each such attempt until the person who is placed 34 on a mental health crisis hold reaches at least 23 years of age. 35 4. The State Board of Health shall adopt regulations governing 36 the manner in which: 37 (a) A person may apply to become an accredited agent of the 38 Division; and 39 (b) Accredited agents of the Division will be monitored and 40 disciplined for professional misconduct. 41 5. As used in this section, “an accredited agent of the Division” 42 means any person authorized by the Division to transport to a 43 mental health facility pursuant to paragraph (d) of subsection 2 44 those persons being placed on a mental health crisis hold. 45 – 22 – - *AB438* Sec. 22. NRS 433A.330 is hereby amended to read as follows: 1 433A.330 When an involuntary court admission to a mental 2 health facility is ordered under the provisions of this chapter, the 3 involuntarily admitted person, together with the court orders and 4 certificates of the physicians, certified psychologists, advanced 5 practice registered nurses or evaluation team and a full and complete 6 transcript of the notes of the official reporter made at the 7 examination of such person before the court, must be delivered to 8 the sheriff of the county who shall: 9 1. Transport the person; or 10 2. Arrange for the person to be transported by: 11 (a) A [system] vehicle for [the] nonemergency medical 12 transportation [of persons whose operation is authorized by the 13 Nevada Transportation Authority;] operated by a person who holds 14 a permit issued pursuant to the provisions of chapter 450B of 15 NRS; 16 (b) A provider of nonemergency secure behavioral health 17 transport services licensed under the regulations adopted pursuant to 18 NRS 433.3317; or 19 (c) If medically necessary, an ambulance service that holds a 20 permit issued pursuant to the provisions of chapter 450B of NRS, 21 to the appropriate public or private mental health facility. 22 Sec. 23. NRS 639.268 is hereby amended to read as follows: 23 639.268 1. A practitioner may purchase supplies of 24 controlled substances, poisons, dangerous drugs and devices from a 25 pharmacy by: 26 (a) Making an oral order to the pharmacy or transmitting an oral 27 order through his or her agent, except an order for a controlled 28 substance in schedule II; or 29 (b) If the order is for a controlled substance, presenting to the 30 pharmacy a written order signed by the practitioner which contains 31 his or her registration number issued by the Drug Enforcement 32 Administration. 33 2. Any person or entity authorized to dispense controlled 34 substances and dangerous drugs, including, without limitation, a 35 pharmacy, institutional pharmacy or practitioner, may: 36 (a) Purchase or otherwise acquire controlled substances and 37 dangerous drugs compounded or repackaged by an outsourcing 38 facility directly from the outsourcing facility without an order from 39 a practitioner other than, where applicable, the practitioner 40 purchasing or acquiring the controlled substance or dangerous drug; 41 and 42 (b) Administer and dispense controlled substances and 43 dangerous drugs purchased or acquired pursuant to paragraph (a) to 44 – 23 – - *AB438* the same extent as controlled substances and dangerous drugs 1 acquired through other authorized means. 2 3. A hospital pharmacy or a pharmacy designated for this 3 purpose by a county health officer in a county whose population is 4 100,000 or more, or by a district health officer in any county within 5 its jurisdiction or, in the absence of either, by the Chief Medical 6 Officer or his or her designated medical director of emergency 7 medical services, may sell to a person or agency described in 8 subsection 4 supplies of controlled substances to stock the 9 ambulances or other authorized vehicles of such a person or agency 10 or replenish the stock if: 11 (a) The person or agency is registered with the Drug 12 Enforcement Administration pursuant to 21 C.F.R. Part 1301; 13 (b) The person in charge of the controlled substances is: 14 (1) A paramedic appropriately certified by the health 15 authority; 16 (2) A registered nurse licensed by the State Board of 17 Nursing; or 18 (3) A person who holds equivalent certification or licensure 19 issued by another state; and 20 (c) Except as otherwise provided in this paragraph, the purchase 21 order is countersigned by a physician or initiated by an oral order 22 and may be made by the person or agency or transmitted by an agent 23 of such a person or agency. An order for a controlled substance 24 listed in schedule II must be made pursuant to NRS 453.251. 25 4. A pharmacy, institutional pharmacy or other person licensed 26 by the Board to furnish controlled substances and dangerous drugs 27 may sell to: 28 (a) The holder of a permit issued pursuant to the provisions of 29 NRS 450B.200 or 450B.210 [;] , other than a permit to own or 30 operate a vehicle for nonemergency medical transportation; 31 (b) The holder of a permit issued by another state which is 32 substantially similar to a permit issued pursuant to the provisions of 33 NRS 450B.200 or 450B.210 [;] , other than a permit to own or 34 operate a vehicle for nonemergency medical transportation; and 35 (c) An agency of the Federal Government that provides 36 emergency care or transportation and is registered with the Drug 37 Enforcement Administration pursuant to 21 C.F.R. Part 1301. 38 5. A pharmacy, institutional pharmacy, outsourcing facility or 39 other person licensed by the Board to furnish dangerous drugs who 40 sells supplies pursuant to this section shall maintain a record of each 41 sale which must contain: 42 (a) The date of sale; 43 (b) The name, address and signature of the purchaser or the 44 person receiving the delivery; 45 – 24 – - *AB438* (c) The name of the dispensing pharmacist, where applicable; 1 (d) The name and address of the authorizing practitioner, where 2 applicable; and 3 (e) The name, strength and quantity of each drug sold. 4 6. A pharmacy, institutional pharmacy or other person licensed 5 by the Board to furnish dangerous drugs who supplies the initial 6 stock for an ambulance or other emergency vehicle shall comply 7 with any applicable regulations adopted by the State Board of 8 Health, or a district board of health, pursuant to NRS 450B.120. 9 7. The Board shall adopt regulations regarding the records a 10 pharmacist shall keep of any purchase made pursuant to this section. 11 8. As used in this section: 12 (a) “Compounding” includes, without limitation, the combining, 13 admixing, mixing, pooling, reconstituting or other altering of a drug 14 or bulk drug substance, as defined in 21 C.F.R. § 207.3, to create a 15 drug. 16 (b) “Outsourcing facility” means a manufacturer at one 17 geographic location or address that: 18 (1) Is engaged in the compounding of sterile or nonsterile 19 drugs for use by humans; and 20 (2) Has registered with the Secretary of Health and Human 21 Services as an outsourcing facility pursuant to 21 U.S.C. § 353b. 22 Sec. 24. NRS 706.745 is hereby amended to read as follows: 23 706.745 1. The provisions of NRS 706.386 and 706.421 do 24 not apply to: 25 (a) Ambulances [;] and vehicles for nonemergency medical 26 transportation; 27 (b) Hearses; or 28 (c) Common motor carriers or contract motor carriers that are 29 providing transportation services pursuant to a contract with the 30 Department of Health and Human Services entered into pursuant to 31 NRS 422.27495. 32 2. A common motor carrier that enters into an agreement for 33 the purchase of its service by an incorporated city, county or 34 regional transportation commission is not required to obtain a 35 certificate of public convenience and necessity to operate a system 36 of public transit consisting of: 37 (a) Regular routes and fixed schedules; 38 (b) [Nonemergency medical transportation of persons to 39 facilitate their participation in jobs and day training services as 40 defined in NRS 435.176 if the transportation is available upon 41 request and without regard to regular routes or fixed schedules; 42 (c)] Nonmedical transportation of persons with disabilities 43 without regard to regular routes or fixed schedules; or 44 – 25 – - *AB438* [(d)] (c) In a county whose population is less than 100,000 or an 1 incorporated city within such a county, nonmedical transportation of 2 persons if the transportation is available by reservation 1 day in 3 advance of the transportation and without regard to regular routes or 4 fixed schedules. 5 3. Under any agreement for a system of public transit that 6 provides for the transportation of passengers that is described in 7 subsection 2: 8 (a) The public entity shall provide for any required safety 9 inspections; or 10 (b) If the public entity is unable to do so, the Authority shall 11 provide for any required safety inspections. 12 4. In addition to the requirements of subsection 3, under an 13 agreement for a system of public transit that provides for the 14 transportation of passengers that is described in: 15 (a) Paragraph (a) of subsection 2, the public entity shall 16 establish the routes and fares. 17 (b) Paragraph (b) or (c) [or (d)] of subsection 2, the common 18 motor carrier: 19 (1) May provide transportation to any passenger who can 20 board a vehicle with minimal assistance from the operator of the 21 vehicle. 22 (2) Except as otherwise provided in NRS 706.248, shall not 23 offer medical assistance as part of its transportation service. 24 5. In a county whose population: 25 (a) Is less than 700,000, a nonprofit carrier of elderly persons or 26 persons with disabilities is not required to obtain a certificate of 27 public convenience and necessity to operate as a common motor 28 carrier of such passengers only, but such a carrier is not exempt 29 from inspection by the Authority to determine whether its vehicles 30 and their operation are safe. 31 (b) Is 700,000 or more, a nonprofit carrier of elderly persons or 32 persons with disabilities is not required to obtain a certificate of 33 public convenience and necessity to operate as a common motor 34 carrier of such passengers only, but: 35 (1) Only if the nonprofit carrier: 36 (I) Does not charge for transportation services; 37 (II) Provides transportation services pursuant to a contract 38 with the Department of Health and Human Services entered into 39 pursuant to NRS 422.27495; or 40 (III) Enters into an agreement for the purchase of its 41 service by an incorporated city, county or regional transportation 42 commission; and 43 – 26 – - *AB438* (2) Such a carrier is not exempt from inspection by the 1 Authority to determine whether its vehicles and their operation are 2 safe. 3 6. An incorporated city, county or regional transportation 4 commission is not required to obtain a certificate of public 5 convenience and necessity to operate a system of public 6 transportation. 7 7. Before an incorporated city or a county enters into an 8 agreement with a common motor carrier for a system of public 9 transit that provides for the transportation of passengers that is 10 described in paragraph (b) or (c) [or (d)] of subsection 2 in an area 11 of the incorporated city or an area of the county, it must determine 12 that: 13 (a) There are no other common motor carriers of passengers 14 who are authorized to provide such services in that area; or 15 (b) Although there are other common motor carriers of 16 passengers who are authorized to provide such services in the area, 17 the common motor carriers of passengers do not wish to provide, or 18 are not capable of providing, such services. 19 8. As used in this section, “nonemergency medical 20 transportation” has the meaning ascribed to it in section 5 of this 21 act. 22 Sec. 25. 1. Notwithstanding the amendatory provisions of 23 this act, any disciplinary or administrative action taken against a 24 provider of nonemergency medical transportation by the Nevada 25 Transportation Authority remains in effect as if taken by the health 26 authority. 27 2. A certificate of public convenience and necessity to operate 28 as a common motor carrier or a permit to act as a contract motor 29 carrier issued by the Nevada Transportation Authority to a provider 30 of nonemergency medical transportation that is valid on January 1, 31 2026: 32 (a) Shall be deemed to be issued by the health authority; and 33 (b) Remains valid until its expiration, if the holder of the 34 certificate or permit otherwise remains qualified for the issuance or 35 renewal of a permit to own and operate a vehicle for nonemergency 36 medical transportation on or after January 1, 2026. 37 3. As used in this section: 38 (a) “Common motor carrier” has the meaning ascribed to it in 39 NRS 706.036. 40 (b) “Contract motor carrier” has the meaning ascribed to it in 41 NRS 706.051. 42 (c) “Health authority” has the meaning ascribed to it in 43 NRS 450B.077. 44 – 27 – - *AB438* (d) “Nonemergency medical transportation” has the meaning 1 ascribed to it in section 5 of this act. 2 Sec. 26. The provisions of NRS 354.599 do not apply to any 3 additional expenses of a local government that are related to the 4 provisions of this act. 5 Sec. 27. 1. This section becomes effective upon passage and 6 approval. 7 2. Sections 1 to 26, inclusive, of this act become effective: 8 (a) Upon passage and approval for the purpose of adopting any 9 regulations and performing any other preparatory administrative 10 tasks that are necessary to carry out the provisions of this act; and 11 (b) On January 1, 2026, for all other purposes. 12 H