Nevada 2025 Regular Session

Nevada Assembly Bill AB438 Latest Draft

Bill / Introduced Version

                              
  
  	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   
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- 	*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 
   
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- 	*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   
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- 	*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   
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- 	*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   
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- 	*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   
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- 	*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   
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- 	*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   
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- 	*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   
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- 	*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   
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- 	*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 
 
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