A.B. 519
- *AB519*
ASSEMBLY BILL NO. 519–COMMITTEE ON
HEALTH AND HUMAN SERVICES
MARCH 24, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Creates a separate chapter of the Nevada Revised
Statutes governing certain agencies and
organizations that provide nonmedical services.
(BDR 40-805)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to health care; establishing separate provisions for
the licensing or certification, regulation and discipline of
agencies to provide personal care services in the home,
employment agencies that contract to provide certain
nonmedical services and intermediary service
organizations; enacting provisions to facilitate the
collecting of certain debts from applicants for certain
licenses; imposing certain requirements as an applicant
for a certificate to operate an intermediary service
organization; providing penalties; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides for the licensure and regulation of various types of 1
medical facilities and facilities for the dependent by the Division of Public and 2
Behavioral Health of the Department of Health and Human Services. (Chapter 449 3
of NRS) Existing law requires an agency to provide personal care services in the 4
home to be licensed by the Division as a facility for the dependent. (NRS 449.0045, 5
449.030) Existing law requires an employment agency that contracts with persons 6
in this State to provide nonmedical services related to personal care to elderly 7
persons or persons with disabilities in the home to obtain a license from the State 8
Board of Health. (NRS 449.03005) Existing law requires an intermediary service 9
organization to obtain a certificate from the Division. (NRS 449.431) Existing law 10
requires the Board to adopt regulations governing agencies to provide personal care 11
services in the home, employment agencies that contract to provide nonmedical 12
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services related to personal care to elderly persons and persons with disabilities and 13
intermediary service organizations. (NRS 449.03005, 449.0302, 449.4309) 14
This bill transfers the provisions of law governing agencies to provide personal 15
care services in the home, employment agencies that contract to provide 16
nonmedical services related to personal care to elderly persons or persons with 17
disabilities in the home and intermediary service organizations from the chapter of 18
the Nevada Revised Statutes that generally governs medical facilities and facilities 19
for the dependent to a new chapter in the Nevada Revised Statutes without 20
changing the current substantive provisions that govern such agencies and 21
organizations. Sections 2-19, 24-49, 51-60, 69-79 and 81-90 of this bill create a 22
new chapter consisting of provisions for the licensure and regulation of such 23
entities in a manner identical to the manner in which those entities are licensed and 24
regulated under existing law. Sections 94, 96-104 and 150 of this bill eliminate 25
provisions governing those entities from the chapter of the Nevada Revised Statutes 26
that regulates medical facilities and facilities for the dependent. Sections 93, 111, 27
113, 117, 118, 120-123, 126-133, 138 and 146 of this bill eliminate references to 28
sections repealed by section 150. Sections 91, 92, 95 and 105-146 of this bill make 29
various conforming changes so that the legal status of agencies to provide personal 30
care services in the home, employment agencies that contract to provide 31
nonmedical services related to personal care to elderly persons or persons with 32
disabilities in the home and intermediary service organizations is not changed by 33
this bill. 34
Existing federal law requires each state to adopt procedures to ensure that 35
applicants for certain licenses and certificates comply with child support 36
obligations, including by requiring an applicant for such a license to provide his or 37
her social security number. (42 U.S.C. § 666) Sections 20, 21 and 50 of this bill 38
enact such procedures as applicable to an applicant for the issuance or renewal of a 39
license to operate an agency to provide personal care services in the home or an 40
employment agency that contracts to provide nonmedical services related to 41
personal care to elderly persons or persons with disabilities in the home in order to 42
comply with federal law. Section 23 of this bill establishes alternate provisions for 43
such an applicant who does not have a social security number. Section 22 of this 44
bill also requires an applicant for the renewal of such a license to provide certain 45
information for the purpose of identifying persons who owe certain debts to the 46
State. Sections 65, 69, 74 and 76 of this bill establish similar provisions for 47
intermediary service organizations, which were carried over from existing law. 48
(NRS 449.4312, 449.4313, 449.4315, 449.432, 449.4322) 49
Existing law requires: (1) an agency to provide personal care services in the 50
home to file with the Administrator of the Division a surety bond or a substitute for 51
a surety bond; and (2) an applicant for a license to operate an agency to provide 52
personal care services in the home to undergo a criminal background check. (NRS 53
449.065, 449.067, 449.122) Sections 67, 68 and 80 of this bill impose similar 54
requirements on intermediary service organizations. 55
Section 147 of this bill requires the Legislative Counsel to move regulations 56
specifically relating to such entities to a new chapter of the Nevada Administrative 57
Code that corresponds to the new chapter of the Nevada Revised Statutes created 58
by sections 2-90. Section 147 also: (1) requires the Board to adopt new regulations 59
to replace other regulations relating to those entities that remain in the chapter of 60
the Nevada Administrative Code governing medical facilities and facilities for the 61
dependent; and (2) provides that those existing regulations remain in effect until the 62
Board adopts new regulations to replace them. Section 148 of this bill clarifies that 63
this bill does not affect the validity of: (1) licenses or certificates to operate 64
agencies to provide personal care services in the home, employment agencies that 65
contract to provide nonmedical services related to personal care to elderly persons 66
or persons with disabilities in the home and intermediary service organizations; 67
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(2) certain training completed by the operators, employees and contractors of such 68
entities; or (3) disciplinary actions taken against such entities. 69
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Title 40 of NRS is hereby amended by adding 1
thereto a new chapter to consist of the provisions set forth as 2
sections 2 to 90, inclusive, of this act. 3
Sec. 2. As used in this chapter, unless the context otherwise 4
requires, the words and terms defined in sections 3 to 7, inclusive, 5
of this act have the meanings ascribed to them in those sections. 6
Sec. 3. 1. “Agency to provide personal care services in the 7
home” means any person, other than a natural person, which 8
provides services authorized pursuant to section 52 of this act to 9
elderly persons or persons with disabilities in the home. 10
2. The term does not include: 11
(a) An independent contractor who provides nonmedical 12
services specified in section 52 of this act without the assistance of 13
employees; 14
(b) An organized group of persons composed of the family and 15
friends of a person needing nonmedical services related to 16
personal care that employs or contracts with persons to provide 17
such nonmedical services for the person if: 18
(1) The organization of the group of persons is set forth in 19
a written document that is made available for review by the 20
Division upon request; and 21
(2) The services are provided to only one person or one 22
family who resides in the same residence; 23
(c) An intermediary service organization; or 24
(d) A person or agency that contracts with the Aging and 25
Disability Services Division of the Department of Health and 26
Human Services to provide temporary respite services. 27
3. As used in this section: 28
(a) “Intermediary service organization” has the meaning 29
ascribed to it in section 59 of this act. 30
(b) “Temporary respite services” means services provided 31
through a contract with the Aging and Disability Services Division 32
of the Department of Health and Human Services to a natural 33
person on a periodic basis to provide a respite for a regular 34
provider of services. 35
Sec. 4. “Board” means the State Board of Health. 36
Sec. 5. “Division” means the Division of Public and 37
Behavioral Health of the Department of Health and Human 38
Services. 39
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Sec. 6. “Employment agency” has the meaning ascribed to it 1
in NRS 611.020. 2
Sec. 7. “Nonmedical services related to personal care to 3
elderly persons or persons with disabilities” includes, without 4
limitation: 5
1. The elimination of wastes from the body; 6
2. Dressing and undressing; 7
3. Bathing; 8
4. Grooming; 9
5. The preparation and eating of meals; 10
6. Laundry; 11
7. Shopping; 12
8. Cleaning; 13
9. Transportation; and 14
10. Any other minor needs related to the maintenance of 15
personal hygiene. 16
Sec. 8. Except as otherwise provided in section 12 of this act, 17
no person, state or local government or agency thereof may 18
operate or maintain in this State an agency to provide personal 19
care services in the home without first obtaining a license as 20
provided in sections 8 to 58, inclusive, of this act. 21
Sec. 9. 1. Except as otherwise provided in section 12 of this 22
act, a person must obtain a license from the Board to operate an 23
employment agency that contracts with persons in this State to 24
provide nonmedical services related to personal care to elderly 25
persons or persons with disabilities in the home, regardless of 26
whether the employment agency is located in this State. 27
2. The Board shall adopt: 28
(a) Standards for licensing of employment agencies that 29
contract to provide nonmedical services related to personal care to 30
elderly persons or persons with disabilities in the home; 31
(b) Standards relating to the fees charged by such employment 32
agencies; 33
(c) Regulations governing the licensing of such employment 34
agencies; and 35
(d) Regulations establishing requirements for training the 36
persons who contract with such employment agencies to provide 37
such nonmedical services. 38
3. An employment agency that is licensed pursuant to this 39
section shall not refer a person to a home to provide nonmedical 40
services related to personal care to elderly persons or persons with 41
disabilities if that person has not met the requirements set forth in 42
sections 36 to 40, inclusive, of this act. 43
4. A person who violates the provisions of subsection 3 is 44
liable for a civil penalty to be recovered by the Attorney General in 45
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the name of the Board for the first offense of not more than 1
$10,000 and for a second and subsequent offense of not less than 2
$10,000 nor more than $20,000. Unless otherwise required by 3
federal law, the Board shall deposit all civil penalties collected 4
pursuant to this section into a separate account in the State 5
General Fund to be used to administer and carry out the 6
provisions of chapter 449A of NRS and sections 2 to 58, inclusive, 7
of this act and to protect the health, safety, well-being and 8
property of the persons served by the employment agencies. 9
Sec. 10. 1. The Division shall develop and implement a 10
process by which a person with a criminal history may petition the 11
Division to review the criminal history of the person to determine 12
if the person’s criminal history will disqualify the person from 13
obtaining a license pursuant to sections 2 to 58, inclusive, of this 14
act. 15
2. Not later than 90 days after a petition is submitted to the 16
Division pursuant to subsection 1, the Division shall inform 17
the person of the determination of the Division of whether the 18
person’s criminal history will disqualify the person from obtaining 19
a license. The Division is not bound by its determination of 20
disqualification or qualification and may rescind such a 21
determination at any time. 22
3. The Division may provide instructions to a person who 23
receives a determination of disqualification to remedy the 24
determination of disqualification. A person may resubmit a 25
petition pursuant to subsection 1 not earlier than 6 months after 26
receiving instructions pursuant to this subsection if the person 27
remedies the determination of disqualification. 28
4. A person with a criminal history may petition the Division 29
at any time, including, without limitation, before obtaining any 30
education or paying any fee required to obtain a license from the 31
Division. 32
5. A person may submit a new petition to the Division not 33
earlier than 2 years after the final determination of the initial 34
petition submitted to the Division. 35
6. The Division may impose a fee of up to $50 upon the 36
person to fund the administrative costs in complying with the 37
provisions of this section. The Division may waive such fees or 38
allow such fees to be covered by funds from a scholarship or 39
grant. 40
7. The Division may post on its Internet website: 41
(a) The requirements to obtain a license pursuant to sections 2 42
to 58, inclusive, of this act from the Division; and 43
(b) A list of crimes, if any, that would disqualify a person from 44
obtaining a license from the Division. 45
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8. The Division may request the criminal history record of a 1
person who petitions the Division for a determination pursuant to 2
subsection 1. To the extent consistent with federal law, if the 3
Division makes such a request of a person, the Division shall 4
require the person to submit his or her criminal history record 5
which includes a report from: 6
(a) The Central Repository for Nevada Records of Criminal 7
History; and 8
(b) The Federal Bureau of Investigation. 9
9. A person who petitions the Division for a determination 10
pursuant to subsection 1 shall not submit false or misleading 11
information to the Division. 12
10. The Division shall, on or before the 20th day of January, 13
April, July and October, submit to the Director of the Legislative 14
Counsel Bureau in an electronic format prescribed by the 15
Director, a report that includes: 16
(a) The number of petitions submitted to the Division pursuant 17
to subsection 1; 18
(b) The number of determinations of disqualification made by 19
the Division pursuant to subsection 1; 20
(c) The reasons for such determinations; and 21
(d) Any other information that is requested by the Director or 22
which the Division determines would be helpful. 23
11. The Director shall transmit a compilation of the 24
information received pursuant to subsection 10 to the Legislative 25
Commission quarterly, unless otherwise directed by the 26
Commission. 27
Sec. 11. The provisions of sections 2 to 58, inclusive, of this 28
act do not apply to any agency to provide personal care services in 29
the home that is operated and maintained by the United States 30
Government or an agency thereof. 31
Sec. 12. A person who is licensed or certified pursuant to a 32
provision of this chapter other than section 9 of this act or a 33
provision of chapter 449 of NRS and who contracts with persons 34
to provide nonmedical services related to personal care to elderly 35
persons or persons with disabilities is not required to obtain an 36
additional license pursuant to section 9 of this act. 37
Sec. 13. 1. The Board shall adopt: 38
(a) Licensing standards for agencies to provide personal care 39
services in the home. 40
(b) Regulations governing the licensing of such agencies. 41
(c) Regulations that prescribe the specific types of 42
discrimination prohibited by section 32 of this act. 43
(d) Any other regulations as it deems necessary or convenient 44
to carry out the provisions of sections 2 to 58, inclusive, of this act. 45
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2. The Board shall require that the practices and policies of 1
each agency to provide personal care services in the home provide 2
adequately for the protection of the health, safety and physical, 3
moral and mental well-being of each person served by the agency. 4
Sec. 14. 1. The Board shall adopt regulations authorizing 5
an employee of an agency to provide personal care services in the 6
home, with the consent of the person receiving services, to: 7
(a) Check, record and report the temperature, blood pressure, 8
apical or radial pulse, respiration or oxygen saturation of a person 9
receiving services from the agency; 10
(b) Using an auto-injection device approved by the Food and 11
Drug Administration for use in the home, administer to a person 12
receiving services from the agency insulin furnished by a 13
registered pharmacist, as directed by a physician, physician 14
assistant or advanced practice registered nurse, or assist such a 15
person with the self-administration of such insulin; and 16
(c) Using a device for monitoring blood glucose approved by 17
the Food and Drug Administration for use in the home, conduct a 18
blood glucose test on a person receiving services from the agency 19
or assist such a person to conduct a blood glucose test on himself 20
or herself. 21
2. The regulations adopted pursuant to this section: 22
(a) Must require the tasks described in subsection 1 to be 23
performed in conformance with the Clinical Laboratory 24
Improvement Amendments of 1988, Public Law No. 100-578, 42 25
U.S.C. § 263a, if applicable, and any other applicable federal law 26
or regulation; 27
(b) Must prohibit the use of a device for monitoring blood 28
glucose on more than one person; and 29
(c) May require a person to receive training before performing 30
any task described in subsection 1. 31
Sec. 15. 1. Money received from the licensing of agencies 32
to provide personal care services in the home must be forwarded to 33
the State Treasurer for deposit in the State General Fund to the 34
credit of the Division. 35
2. The Division shall enforce the provisions of sections 2 to 36
58, inclusive, of this act and may incur any necessary expenses not 37
in excess of money authorized for that purpose by the State or 38
received from the Federal Government. 39
Sec. 16. The Division may: 40
1. Upon receipt of an application for a license, conduct an 41
investigation into the qualifications of personnel, methods of 42
operation, policies and purposes of any person proposing to 43
engage in the operation of an agency to provide personal care 44
services in the home. 45
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2. Upon receipt of a complaint against an agency to provide 1
personal care services in the home, except for a complaint 2
concerning the cost of services, conduct an investigation into the 3
qualifications of personnel, methods of operation, policies, 4
procedures and records of that agency or any other such agency 5
which may have information pertinent to the complaint. 6
3. Employ such professional, technical and clerical 7
assistance as it deems necessary to carry out the provisions of this 8
chapter. 9
Sec. 17. 1. Except as otherwise provided in this section, the 10
Division may charge and collect from an agency to provide 11
personal care services in the home or a person who operates such 12
an agency without a license issued by the Division the actual costs 13
incurred by the Division for the enforcement of the provisions of 14
this chapter, including, without limitation, the actual cost of 15
conducting an inspection or investigation of the agency. 16
2. The Division shall not charge and collect the actual cost 17
for enforcement pursuant to subsection 1 if the enforcement 18
activity is: 19
(a) Related to the issuance or renewal of a license for which 20
the Board charges a fee pursuant to sections 19 and 28 of this act; 21
or 22
(b) Conducted pursuant to an agreement with the Federal 23
Government which has appropriated money for that purpose. 24
3. Any money collected pursuant to subsection 1 may be used 25
by the Division to administer and carry out the provisions of this 26
chapter and the regulations adopted pursuant thereto. 27
Sec. 18. Any person, state or local government or agency 28
thereof desiring a license under the provisions of sections 2 to 58, 29
inclusive, of this act, must file with the Division an application, on 30
a form prescribed, prepared and furnished by the Division, 31
containing: 32
1. The name of the applicant and, if a natural person, 33
whether the applicant has attained the age of 21 years. 34
2. The address of the principal place of business of the 35
agency. 36
3. In specific terms, the nature of services and type of care to 37
be offered, as defined in the regulations. 38
4. The name of the person in charge of the agency. 39
5. Such other information as may be required by the Division 40
for the proper administration and enforcement of this chapter. 41
6. Evidence satisfactory to the Division that the applicant is 42
of reputable and responsible character. If the applicant is a firm, 43
association, organization, partnership, business trust, corporation 44
or company, similar evidence must be submitted as to the members 45
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thereof and the person in charge of the agency for which the 1
application is made. If the applicant is a political subdivision of 2
the State or other governmental agency, similar evidence must be 3
submitted as to the person in charge of the entity for which 4
application is made. 5
7. Evidence satisfactory to the Division of the ability of the 6
applicant to comply with the provisions of sections 2 to 58, 7
inclusive, of this act and the standards and regulations adopted by 8
the Board. 9
Sec. 19. Each application for a license must be accompanied 10
by such fee as may be determined by regulation of the Board. The 11
Board may, by regulation, allow or require payment of a fee for a 12
license in installments and may fix the amount of each payment 13
and the date that the payment is due. 14
Sec. 20. An application for the issuance of a license 15
pursuant to sections 2 to 58, inclusive, of this act must include the 16
social security number of the applicant. 17
Sec. 21. 1. An applicant for the issuance or renewal of a 18
license pursuant to sections 2 to 58, inclusive, of this act must 19
submit to the Division the statement prescribed by the Division of 20
Welfare and Supportive Services of the Department of Health and 21
Human Services pursuant to NRS 425.520. The statement must be 22
completed and signed by the applicant. 23
2. The Division shall include the statement required pursuant 24
to subsection 1 in: 25
(a) The application or any other forms that must be submitted 26
for the issuance or renewal of the license; or 27
(b) A separate form prescribed by the Division. 28
3. A license may not be issued or renewed by the Division 29
pursuant to sections 2 to 58, inclusive, of this act if the applicant: 30
(a) Fails to submit the statement required pursuant to 31
subsection 1; or 32
(b) Indicates on the statement submitted pursuant to 33
subsection 1 that the applicant is subject to a court order for the 34
support of a child and is not in compliance with the order or a 35
plan approved by the district attorney or other public agency 36
enforcing the order for the repayment of the amount owed 37
pursuant to the order. 38
4. If an applicant indicates on the statement submitted 39
pursuant to subsection 1 that the applicant is subject to a court 40
order for the support of a child and is not in compliance with the 41
order or a plan approved by the district attorney or other public 42
agency enforcing the order for the repayment of the amount owed 43
pursuant to the order, the Division shall advise the applicant to 44
contact the district attorney or other public agency enforcing the 45
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order to determine the actions that the applicant may take to 1
satisfy the arrearage. 2
Sec. 22. 1. In addition to any other requirements set forth 3
in sections 2 to 58, inclusive, of this act, an applicant for the 4
renewal of a license pursuant to those sections must indicate in 5
the application submitted to the Division whether the applicant 6
has a state business license. If the applicant has a state business 7
license, the applicant must include in the application the business 8
identification number assigned by the Secretary of State upon 9
compliance with the provisions of chapter 76 of NRS. 10
2. A license issued pursuant to sections 2 to 58, inclusive, of 11
this act may not be renewed by the Division if: 12
(a) The applicant fails to submit the information required by 13
subsection 1; or 14
(b) The State Controller has informed the Division pursuant to 15
subsection 5 of NRS 353C.1965 that the applicant owes a debt to 16
an agency that has been assigned to the State Controller for 17
collection and the applicant has not: 18
(1) Satisfied the debt; 19
(2) Entered into an agreement for the payment of the debt 20
pursuant to NRS 353C.130; or 21
(3) Demonstrated that the debt is not valid. 22
3. As used in this section: 23
(a) “Agency” has the meaning ascribed to it in NRS 353C.020. 24
(b) “Debt” has the meaning ascribed to it in NRS 353C.040. 25
Sec. 23. 1. The Division shall not deny the application of a 26
person for a license pursuant to sections 2 to 58, inclusive, of this 27
act based solely on his or her immigration status. 28
2. Notwithstanding the provisions of section 20 of this act, an 29
applicant for a license pursuant to sections 2 to 58, inclusive, of 30
this act who does not have a social security number must provide 31
an alternative personally identifying number, including, without 32
limitation, his or her individual taxpayer identification number, 33
when completing an application for such a license. 34
3. The Division shall not disclose to any person who is not 35
employed by the Division the social security number or alternative 36
personally identifying number, including, without limitation, his 37
or her individual taxpayer identification number, of an applicant 38
for a license for any purpose except: 39
(a) Tax purposes; 40
(b) Licensing purposes; and 41
(c) Enforcement of an order for the payment of child support. 42
4. A social security number or alternative personally 43
identifying number, including, without limitation, an individual 44
taxpayer identification number, provided to the Division is 45
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confidential and is not a public record for the purposes of chapter 1
239 of NRS. 2
Sec. 24. 1. Except as otherwise provided in subsection 6 3
and section 25 of this act, each agency to provide personal care 4
services in the home, when applying for a license or renewing a 5
license, file with the Administrator of the Division of Public and 6
Behavioral Health a surety bond: 7
(a) If the agency employs less than 7 employees, in the amount 8
of $5,000; 9
(b) If the agency employs at least 7 but not more than 25 10
employees, in the amount of $25,000; or 11
(c) If the agency employs more than 25 employees, in the 12
amount of $50,000. 13
2. A bond filed pursuant to this section must be executed by 14
the agency as principal and by a surety company as surety. The 15
bond must be payable to the Aging and Disability Services 16
Division of the Department of Health and Human Services and 17
must be conditioned to provide indemnification to an older client 18
who the Attorney for the Rights of Older Persons and Persons 19
with a Physical Disability, an Intellectual Disability or a Related 20
Condition determines has suffered property damage as a result of 21
any act or failure to act by the agency to protect the property of the 22
older client. 23
3. Except when a surety is released, the surety bond must 24
cover the period of the initial license to operate or the period of the 25
renewal, as appropriate. 26
4. A surety on any bond filed pursuant to this section may be 27
released after the surety gives 30 days’ written notice to the 28
Administrator of the Division of Public and Behavioral Health, 29
but the release does not discharge or otherwise affect any claim 30
filed by an older client for property damaged as a result of any act 31
or failure to act by the agency to protect the property of the older 32
client alleged to have occurred while the bond was in effect. 33
5. A license is suspended by operation of law when the 34
agency is no longer covered by a surety bond as required by this 35
section or by a substitute for the surety bond pursuant to section 36
25 of this act. The Administrator of the Division of Public and 37
Behavioral Health shall give the agency at least 20 days’ written 38
notice before the release of the surety or the substitute for the 39
surety, to the effect that the license will be suspended by operation 40
of law until another surety bond or substitute for the surety bond 41
is filed in the same manner and amount as the bond or substitute 42
being terminated. 43
6. The requirement of filing a surety bond set forth in this 44
section does not apply to an agency to provide personal care 45
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services in the home that is operated and maintained by the State 1
of Nevada or an agency thereof. 2
7. As used in this section, “older client” means a client who is 3
60 years of age or older. 4
Sec. 25. 1. As a substitute for the surety bond required 5
pursuant to section 24 of this act, an agency to provide personal 6
care services in the home may deposit with any bank or trust 7
company authorized to do business in this State, upon approval 8
from the Administrator of the Division of Public and Behavioral 9
Health: 10
(a) An obligation of a bank, savings and loan association, 11
savings bank, thrift company or credit union licensed to do 12
business in this State; 13
(b) Bills, bonds, notes, debentures or other obligations of the 14
United States or any agency or instrumentality thereof, or 15
guaranteed by the United States; or 16
(c) Any obligation of this State or any city, county, town, 17
township, school district or other instrumentality of this State, or 18
guaranteed by this State, in an aggregate amount, based upon 19
principal amount or market value, whichever is lower. 20
2. The obligations of a bank, savings and loan association, 21
savings bank, thrift company or credit union must be held to 22
secure the same obligation as would the surety bond required by 23
section 24 of this act. With the approval of the Administrator of 24
the Division of Public and Behavioral Health, the depositor may 25
substitute other suitable obligations for those deposited, which 26
must be assigned to the Aging and Disability Services Division of 27
the Department of Health and Human Services and are negotiable 28
only upon approval by the Administrator of the Aging and 29
Disability Services Division. 30
3. Any interest or dividends earned on the deposit accrue to 31
the account of the depositor. 32
4. The deposit must be an amount at least equal to the surety 33
bond required by section 24 of this act and must state that the 34
amount may not be withdrawn except by direct and sole order of 35
the Administrator of the Aging and Disability Services Division. 36
Sec. 26. 1. The Division shall issue a license to operate an 37
agency to provide personal care services in the home if, after 38
investigation, the Division finds that the applicant is in: 39
(a) Full compliance with the provisions of sections 2 to 58, 40
inclusive, of this act; and 41
(b) Substantial compliance with the standards and regulations 42
adopted by the Board. 43
2. A license applies only to the person to whom it is issued 44
and is not transferable. 45
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Sec. 27. Each license issued by the Division to an agency to 1
provide personal care services in the home must be in the form 2
prescribed by the Division and must contain: 3
1. The name of the person or persons authorized to operate 4
the agency to provide personal care services in the home; and 5
2. The nature of services offered and the capacity of the 6
licensee to deliver services. 7
Sec. 28. 1. Each license to operate an agency to provide 8
personal care services in the home issued pursuant to sections 2 to 9
58, inclusive, of this act expires on December 31 following its 10
issuance and is renewable for 1 year upon reapplication and 11
payment of all fees required pursuant to subsection 3 and section 12
19 of this act unless the Division finds, after an investigation, that 13
the agency has not satisfactorily complied with the provisions of 14
sections 2 to 58, inclusive, of this act, or the standards and 15
regulations adopted by the Board. 16
2. Each reapplication for an agency to provide personal care 17
services in the home must include, without limitation: 18
(a) A statement that the agency is in compliance with the 19
provisions of sections 36 to 40, inclusive, and 49 of this act; and 20
(b) A statement that the holder of the license, the administrator 21
or other person in charge and employees of the agency are in 22
compliance with the provisions of section 31 of this act. 23
3. Each reapplication for an agency to provide personal care 24
services in the home must be accompanied by the fee prescribed by 25
the Board pursuant to NRS 457.240, in addition to the fees 26
imposed pursuant to section 19 of this act. 27
Sec. 29. 1. The Division may cancel the license of an 28
agency to provide personal care services in the home and issue a 29
provisional license, effective for a period determined by the 30
Division, to such an agency if the agency: 31
(a) Is in operation at the time of the adoption of standards and 32
regulations pursuant to the provisions of sections 2 to 58, 33
inclusive, of this act, and the Division determines that the agency 34
requires a reasonable time under the particular circumstances 35
within which to comply with the standards and regulations; or 36
(b) Has failed to comply with the standards or regulations and 37
the Division determines that the agency is in the process of 38
making the necessary changes or has agreed to make the changes 39
within a reasonable time. 40
2. The provisions of subsection 1 do not require the issuance 41
of a license or prevent the Division from refusing to renew or from 42
revoking or suspending any license where the Division deems such 43
action necessary for the health and safety of the persons receiving 44
services from any agency. 45
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Sec. 30. 1. The Board shall: 1
(a) Adopt regulations prescribing mandatory training for 2
unlicensed caregivers who provide care for an agency to provide 3
personal care services in the home. The regulations must establish 4
the required topics for the training, which must include, without 5
limitation, control of infectious diseases and minimum standards 6
for training in each required topic. 7
(b) Review the required topics for training established 8
pursuant to paragraph (a) at least annually and revise those topics 9
when necessary to address new issues that impact the health and 10
safety of persons who receive services from an agency to provide 11
personal care services in the home. 12
2. The Division shall post on an Internet website maintained 13
by the Division a list of nationally recognized organizations that 14
provide evidence-based training for caregivers which: 15
(a) Is free of charge or has a minimal cost; and 16
(b) May be used to satisfy the requirements of the regulations 17
adopted pursuant to subsection 1. 18
3. The administrator or other person in charge of an agency 19
to provide personal care services in the home shall: 20
(a) Ensure that each unlicensed caregiver who provides care 21
for the agency completes the training required by the regulations 22
adopted pursuant to subsection 1 and document the completion of 23
the training in the personnel file of each unlicensed caregiver; 24
(b) Ensure the implementation of the best practices taught in 25
the training required by the regulations adopted pursuant to 26
subsection 1 at the agency where appropriate; 27
(c) Develop and annually update a written plan for the control 28
of infectious diseases; and 29
(d) Provide a written copy of the plan for the control of 30
infectious diseases to each employee or independent contractor of 31
the agency and each client of the agency. 32
Sec. 31. 1. An applicant for a license to operate an agency 33
to provide personal care services in the home must receive training 34
to recognize and prevent the abuse of older persons before a 35
license to operate such an agency is issued to the applicant. If an 36
applicant has completed such training within the year preceding 37
the date of the application for a license and the application 38
includes evidence of the training, the applicant shall be deemed to 39
have complied with the requirements of this subsection. 40
2. A licensee who holds a license to operate an agency to 41
provide personal care services in the home must annually receive 42
training to recognize and prevent the abuse of older persons 43
before the license to operate such an agency may be renewed. 44
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3. If an applicant or licensee who is required by this section 1
to obtain training is not a natural person, the person in charge of 2
the agency must receive the training required by this section. 3
4. An administrator or other person in charge of an agency to 4
provide personal care services in the home must receive training to 5
recognize and prevent the abuse of older persons before the 6
agency provides care to a person and annually thereafter. 7
5. An employee who will provide care for an agency to 8
provide personal care services in the home must receive training to 9
recognize and prevent the abuse of older persons before the 10
employee provides care to a person in the agency and annually 11
thereafter. 12
6. The topics of instruction that must be included in the 13
training required by this section must include, without limitation: 14
(a) Recognizing the abuse of older persons, including sexual 15
abuse and violations of NRS 200.5091 to 200.50995, inclusive; 16
(b) Responding to reports of the alleged abuse of older 17
persons, including sexual abuse and violations of NRS 200.5091 18
to 200.50995, inclusive; and 19
(c) Instruction concerning the federal, state and local laws, 20
and any changes to those laws, relating to: 21
(1) The abuse of older persons; and 22
(2) Agencies to provide personal care services in the home 23
for the person. 24
7. The agency to provide personal care services in the home is 25
responsible for the costs related to the training required by this 26
section. 27
8. The holder of a license to operate an agency to provide 28
personal care services in the home shall ensure that each person 29
who is required to comply with the requirements for training 30
pursuant to this section complies with those requirements. The 31
Division may, for any violation of this section, take disciplinary 32
action against an agency pursuant to sections 44 and 45 of this 33
act. 34
Sec. 32. 1. An agency to provide personal care services in 35
the home and any employee or independent contractor of such an 36
agency shall not discriminate in the provision of services to a 37
client based wholly or partially on the actual or perceived race, 38
color, religion, national origin, ancestry, age, gender, physical or 39
mental disability, sexual orientation, gender identity or expression 40
or human immunodeficiency virus status of the client or any 41
person with whom the client associates. 42
2. An agency to provide personal care services in the home 43
shall: 44
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- *AB519*
(a) Develop and carry out policies to prevent the specific types 1
of prohibited discrimination described in the regulations adopted 2
by the Board pursuant to section 13 of this act and meet any other 3
requirements prescribed by regulations of the Board; and 4
(b) Post prominently on any Internet website used to market 5
the agency the following statement: 6
7
[Name of the agency to provide personal care services in the 8
home] does not discriminate and does not permit 9
discrimination, including, without limitation, bullying, 10
abuse or harassment, on the basis of actual or perceived 11
race, color, religion, national origin, ancestry, age, gender, 12
physical or mental disability, sexual orientation, gender 13
identity or expression or HIV status, or based on association 14
with another person on account of that person’s actual or 15
perceived race, color, religion, national origin, ancestry, 16
age, gender, physical or mental disability, sexual 17
orientation, gender identity or expression or HIV status. 18
19
3. The provisions of this section shall not be construed to: 20
(a) Require an agency to provide personal care services in the 21
home or an employee or independent contractor thereof to take or 22
refrain from taking any action in violation of reasonable medical 23
standards; or 24
(b) Prohibit an agency to provide personal care services in the 25
home from adopting a policy that is applied uniformly and in a 26
nondiscriminatory manner, including, without limitation, such a 27
policy that bans or restricts sexual relations. 28
Sec. 33. An agency to provide personal care services in the 29
home shall: 30
1. Maintain the confidentiality of personally identifiable 31
information concerning the sexual orientation of a client, whether 32
the client is transgender or has undergone gender-affirming 33
surgery and the human immunodeficiency virus status of the 34
client and take reasonable actions to prevent the unauthorized 35
disclosure of such information; 36
2. Prohibit employees or independent contractors of the 37
agency who are not directly providing care to a client from being 38
present during any portion of the care, during which the client is 39
fully or partially unclothed without the express permission of the 40
client or the authorized representative of the client; 41
3. Use visual barriers, including, without limitation, doors, 42
curtains and screens, to provide privacy for clients who are fully 43
or partially unclothed; and 44
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- *AB519*
4. Allow a client to refuse to be examined or observed by or 1
receive services from an employee or independent contractor of 2
the agency for a purpose that is primarily educational rather than 3
therapeutic. 4
Sec. 34. 1. Except as otherwise provided in subsection 3, to 5
enable an agent or employee of an agency to provide personal care 6
services in the home who is described in subsection 2 to more 7
effectively care for clients the Board shall, by regulation, require 8
such an agency to conduct training relating specifically to cultural 9
competency for any agent or employee of the agency who is 10
described in subsection 2 so that such an agent or employee may 11
better understand clients who have different cultural backgrounds, 12
including, without limitation, clients who are: 13
(a) From various racial and ethnic backgrounds; 14
(b) From various religious backgrounds; 15
(c) Persons with various sexual orientations and gender 16
identities or expressions; 17
(d) Children and senior citizens; 18
(e) Persons with a mental or physical disability; and 19
(f) Part of any other population that such an agent or 20
employee may need to better understand, as determined by the 21
Board. 22
The Board shall set forth by regulation the frequency with 23
which an agency to provide personal care services in the home is 24
required to provide such training relating to cultural competency. 25
2. Except as otherwise provided in subsection 3, the 26
requirements of subsection 1 apply to any agent or employee of an 27
agency to provide personal care services in the home who: 28
(a) Provides personal care services or administrative or 29
support services and has direct client contact at least once each 30
week on average as a part of his or her regular job duties; or 31
(b) Oversees an agent or employee described in paragraph (a). 32
3. An agency to provide personal care services in the home is 33
not required to provide training relating specifically to cultural 34
competency to an agent or employee who is described in 35
subsection 2 and who has successfully completed a course or 36
program in cultural competency as part of the continuing 37
education requirements for the agent or employee to renew his or 38
her professional license, registration or certificate, as applicable. 39
4. Except as otherwise provided in subsection 6, the training 40
relating specifically to cultural competency conducted by an 41
agency to provide personal care services in the home pursuant to 42
subsection 1 must be provided through a course or program that is 43
approved by the Department of Health and Human Services. 44
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- *AB519*
5. The Office of Minority Health and Equity of the 1
Department of Health and Human Services shall ensure that the 2
list established and maintained pursuant to NRS 449.103 is 3
distributed to each agency to provide personal care services in the 4
home which is required to conduct training relating specifically to 5
cultural competency pursuant to subsection 1. 6
6. An agency to provide personal care services in the home 7
which is required to conduct training specifically relating to 8
cultural competency may apply to the Department of Health and 9
Human Services to provide a course or program on cultural 10
competency that is not approved by the Department pursuant to 11
subsection 4. Any such request must be approved or denied by the 12
Department not later than 10 business days after the receipt of the 13
application. 14
7. As used in this section “direct client contact” means direct 15
contact with a client of an agency to provide personal care services 16
in the home which is in person or using telephone, electronic mail 17
or other electronic means, except that the term does not include 18
incidental contact. 19
Sec. 35. The Board shall adopt regulations that require an 20
agency to provide personal care services in the home to: 21
1. Develop policies to ensure that a client is addressed by his 22
or her preferred name and pronoun and in accordance with his or 23
her gender identity or expression; and 24
2. Adapt electronic records to reflect the gender identities or 25
expressions of clients with diverse gender identities or expressions, 26
including, without limitation, adapting electronic records to 27
include: 28
(a) The preferred name and pronoun and gender identity or 29
expression of a client; and 30
(b) Any other information prescribed by regulation of the 31
Board. 32
Sec. 36. 1. Each applicant for a license to operate an 33
agency to provide personal care services in the home or 34
employment agency that contracts with persons to provide 35
nonmedical services related to personal care to elderly persons or 36
persons with disabilities in the home shall submit to the Central 37
Repository for Nevada Records of Criminal History one complete 38
set of fingerprints for submission to the Federal Bureau of 39
Investigation for its report. 40
2. The Central Repository for Nevada Records of Criminal 41
History shall determine whether the applicant has been convicted 42
of a crime listed in paragraph (a) of subsection 1 of section 49 of 43
this act and immediately inform the administrator of the agency 44
– 19 –
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and the Division of whether the applicant has been convicted of 1
such a crime. 2
Sec. 37. 1. Except as otherwise provided in subsections 2 3
and 3, within 10 days after hiring an employee, accepting an 4
employee of a temporary employment service or entering into a 5
contract with an independent contractor, the administrator of, or 6
the person licensed to operate, an agency to provide personal care 7
services in the home or employment agency that contracts with 8
persons to provide nonmedical services related to personal care to 9
elderly persons or persons with disabilities in the home shall: 10
(a) Obtain a written statement from the employee, employee of 11
the temporary employment service or independent contractor 12
stating whether he or she has been convicted of any crime listed in 13
section 49 of this act; 14
(b) Obtain an oral and written confirmation of the information 15
contained in the written statement obtained pursuant to 16
paragraph (a); 17
(c) Obtain proof that the employee, employee of the temporary 18
employment service or independent contractor holds any required 19
license, permit or certificate; 20
(d) Obtain from the employee, employee of the temporary 21
employment service or independent contractor one set of 22
fingerprints and a written authorization to forward the 23
fingerprints to the Central Repository for Nevada Records of 24
Criminal History for submission to the Federal Bureau of 25
Investigation for its report; 26
(e) Submit to the Central Repository for Nevada Records of 27
Criminal History the fingerprints obtained pursuant to paragraph 28
(d) to obtain information on the background and personal history 29
of each employee, employee of a temporary employment service or 30
independent contractor to determine whether the person has been 31
convicted of any crime listed in section 49 of this act; and 32
(f) If an Internet website has been established pursuant to 33
NRS 439.942: 34
(1) Screen the employee, employee of the temporary 35
employment service or independent contractor using the Internet 36
website. Upon request of the Division, proof that the employee, 37
temporary employee or independent contractor was screened 38
pursuant to this subparagraph must be provided to the Division. 39
(2) Enter on the Internet website information to be 40
maintained on the website concerning the employee, employee of 41
the temporary employment service or independent contractor. 42
2. The administrator of, or the person licensed to operate, an 43
agency to provide personal care services in the home or 44
employment agency that contracts with persons to provide 45
– 20 –
- *AB519*
nonmedical services related to personal care to elderly persons or 1
persons with disabilities in the home is not required to obtain the 2
information described in subsection 1 from an employee, employee 3
of a temporary employment service or independent contractor if 4
his or her fingerprints have been submitted to the Central 5
Repository for Nevada Records of Criminal History for submission 6
to the Federal Bureau of Investigation for its report within the 7
immediately preceding 6 months and the report of the Federal 8
Bureau of Investigation indicated that the employee, employee of 9
the temporary employment service or independent contractor has 10
not been convicted of any crime set forth in section 49 of this act. 11
3. The administrator of, or the person licensed to operate, an 12
agency to provide personal care services in the home or 13
employment agency that contracts with persons to provide 14
nonmedical services related to personal care to elderly persons or 15
persons with disabilities in the home is not required to obtain the 16
information described in subsection 1, other than the information 17
described in paragraph (c) of subsection 1, from an employee, 18
employee of a temporary employment service or independent 19
contractor if: 20
(a) The employee, employee of the temporary employment 21
service or independent contractor agrees to allow the 22
administrator of, or the person licensed to operate, an agency to 23
provide personal care services in the home to receive notice from 24
the Central Repository for Nevada Records of Criminal History 25
regarding any conviction and subsequent conviction of the 26
employee, employee of the temporary employment service or 27
independent contractor of a crime listed in section 49 of this act; 28
(b) An agency, board or commission that regulates an 29
occupation or profession pursuant to title 54 of NRS or temporary 30
employment service has, within the immediately preceding 5 years, 31
submitted the fingerprints of the employee, employee of the 32
temporary employment service or independent contractor to the 33
Central Repository for Nevada Records of Criminal History for 34
submission to the Federal Bureau of Investigation for its report; 35
and 36
(c) The report of the Federal Bureau of Investigation indicated 37
that the employee, employee of the temporary employment service 38
or independent contractor has not been convicted of any crime set 39
forth in section 49 of this act. 40
4. The administrator of, or the person licensed to operate, an 41
agency to provide personal care services in the home or 42
employment agency that contracts with persons to provide 43
nonmedical services related to personal care to elderly persons or 44
persons with disabilities in the home shall ensure that the 45
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- *AB519*
information concerning the background and personal history of 1
each employee, employee of a temporary employment service or 2
independent contractor who works at the agency: 3
(a) Except as otherwise provided in subsection 2, is completed 4
as soon as practicable; and 5
(b) At least once every 5 years after the date of the initial 6
investigation. 7
5. The administrator of, or the person licensed to operate, an 8
agency to provide personal care services in the home or 9
employment agency that contracts with persons to provide 10
nonmedical services related to personal care to elderly persons or 11
persons with disabilities in the home shall, when required: 12
(a) Obtain one set of fingerprints from the employee, employee 13
of the temporary employment service or independent contractor; 14
(b) Obtain written authorization from the employee, employee 15
of the temporary employment service or independent contractor to 16
forward the fingerprints obtained pursuant to paragraph (a) to the 17
Central Repository for Nevada Records of Criminal History for 18
submission to the Federal Bureau of Investigation for its report; 19
and 20
(c) Submit the fingerprints to the Central Repository for 21
Nevada Records of Criminal History or, if the fingerprints were 22
submitted electronically, obtain proof of electronic submission of 23
the fingerprints to the Central Repository for Nevada Records of 24
Criminal History. 25
6. Upon receiving fingerprints submitted pursuant to this 26
section, the Central Repository for Nevada Records of Criminal 27
History shall determine whether the employee, employee of the 28
temporary employment service or independent contractor has been 29
convicted of a crime listed in section 49 of this act and 30
immediately inform the Division and the administrator of, or the 31
person licensed to operate, the agency to provide personal care 32
services in the home or employment agency that contracts with 33
persons to provide nonmedical services related to personal care to 34
elderly persons or persons with disabilities in the home at which 35
the person works whether the employee, employee of the 36
temporary employment service or independent contractor has been 37
convicted of such a crime. 38
7. The Central Repository for Nevada Records of Criminal 39
History may impose a fee upon an agency that submits 40
fingerprints pursuant to this section for the reasonable cost of the 41
investigation. The agency to provide personal care services in the 42
home or employment agency that contracts with persons to provide 43
nonmedical services related to personal care to elderly persons or 44
persons with disabilities in the home may recover from the 45
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- *AB519*
employee or independent contractor whose fingerprints are 1
submitted not more than one-half of the fee imposed by the 2
Central Repository. If the agency requires the employee or 3
independent contractor to pay for any part of the fee imposed by 4
the Central Repository, it shall allow the employee or independent 5
contractor to pay the amount through periodic payments. The 6
agency may require a temporary employment service which 7
employs a temporary employee whose fingerprints are submitted to 8
pay the fee imposed by the Central Repository. An agency shall 9
notify a temporary employment service if a person employed by the 10
temporary employment service is determined to be ineligible to 11
provide services at the agency based upon the results of an 12
investigation conducted pursuant to this section. 13
8. Unless a greater penalty is provided by law, a person who 14
willfully provides a false statement or information in connection 15
with an investigation of the background and personal history of 16
the person pursuant to this section that would disqualify the 17
person from employment, including, without limitation, a 18
conviction of a crime listed in section 49 of this act, is guilty of a 19
misdemeanor. 20
Sec. 38. 1. A temporary employment service shall not send 21
an employee to provide services to an agency to provide personal 22
care services in the home or employment agency that contracts 23
with persons to provide nonmedical services related to personal 24
care to elderly persons or persons with disabilities in the home if 25
the temporary employment service has received notice from such 26
an agency that the employee of the temporary employment service 27
is ineligible to provide such services. 28
2. An agency to provide personal care services in the home or 29
employment agency that contracts with persons to provide 30
nonmedical services related to personal care to elderly persons or 31
persons with disabilities in the home that enters into an agreement 32
with a temporary employment service to provide services for the 33
agency on a temporary basis must require the temporary 34
employment service to: 35
(a) Provide proof that each employee of the temporary 36
employment service whom it may send to provide services to the 37
agency has been continuously employed by the temporary 38
employment service since the last investigation conducted of the 39
employee pursuant to section 37 of this act; and 40
(b) Notify the agency if the investigation conducted of an 41
employee of the temporary employment service pursuant to section 42
37 of this act has not been conducted within the immediately 43
preceding 5 years. 44
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Sec. 39. 1. Each agency to provide personal care services 1
in the home or employment agency that contracts with persons to 2
provide nonmedical services related to personal care to elderly 3
persons or persons with disabilities in the home shall maintain 4
records of the information concerning its employees, employees of 5
a temporary employment service and independent contractors 6
collected pursuant to section 37 of this act, including, without 7
limitation: 8
(a) A copy of the fingerprints that were submitted to the 9
Central Repository for Nevada Records of Criminal History or 10
proof of electronic fingerprint submission and a copy of the 11
written authorization that was provided by the employee, employee 12
of the temporary employment service or independent contractor; 13
(b) Proof that the fingerprints of the employee, employee of the 14
temporary employment service or independent contractor were 15
submitted to the Central Repository; and 16
(c) Any other documentation of the information collected 17
pursuant to section 37 of this act. 18
2. The records maintained pursuant to subsection 1 must be: 19
(a) Maintained for the period of the employment of the person 20
with the agency to provide personal care services in the home or 21
employment agency that contracts with persons to provide 22
nonmedical services related to personal care to elderly persons or 23
persons with disabilities in the home, as applicable; and 24
(b) Made available for inspection by the Division at any 25
reasonable time, and copies thereof must be furnished to the 26
Division upon request. 27
3. If an Internet website has been established pursuant to 28
NRS 439.942, an agency to provide personal care services in the 29
home or employment agency that contracts with persons to provide 30
nonmedical services related to personal care to elderly persons or 31
persons with disabilities in the home shall maintain a current list 32
of its employees, employees of a temporary employment service 33
and independent contractors on the Internet website. 34
4. The Central Repository for Nevada Records of Criminal 35
History may maintain an electronic image of fingerprints 36
submitted pursuant to sections 36 and 37 of this act to notify an 37
agency to provide personal care services in the home or 38
employment agency that contracts with persons to provide 39
nonmedical services related to personal care to elderly persons or 40
persons with disabilities in the home and the Division of any 41
subsequent conviction of a person who is required to submit to an 42
investigation pursuant to sections 36 and 37 of this act. 43
Sec. 40. 1. Upon receiving information from the Central 44
Repository for Nevada Records of Criminal History pursuant to 45
– 24 –
- *AB519*
section 37 of this act, or evidence from any other source, that an 1
employee, employee of a temporary employment service or 2
independent contractor of an agency to provide personal care 3
services in the home or employment agency that contracts with 4
persons to provide nonmedical services related to personal care to 5
elderly persons or persons with disabilities in the home has been 6
convicted of a crime listed in paragraph (a) of subsection 1 of 7
section 49 of this act, the administrator of, or the person licensed 8
to operate, the agency shall terminate the employment or contract 9
of that person or notify the temporary employment service that its 10
employee is prohibited from providing services for the agency after 11
allowing the person time to correct the information as required 12
pursuant to subsection 2. 13
2. If an employee, employee of a temporary employment 14
service or independent contractor believes that the information 15
provided by the Central Repository is incorrect, the employee, 16
employee of the temporary employment service or independent 17
contractor may immediately inform the agency to provide personal 18
care services in the home, employment agency that contracts with 19
persons to provide nonmedical services related to personal care to 20
elderly persons or persons with disabilities in the home or 21
temporary employment service. The agency or temporary 22
employment service that is so informed shall give the employee, 23
employee of the temporary employment service or independent 24
contractor a reasonable amount of time of not less than 30 days to 25
correct the information received from the Central Repository 26
before terminating the employment or contract of the person 27
pursuant to subsection 1. 28
3. An agency to provide personal care services in the home or 29
employment agency that contracts with persons to provide 30
nonmedical services related to personal care to elderly persons or 31
persons with disabilities in the home that has complied with 32
section 37 of this act may not be held civilly or criminally liable 33
based solely upon the ground that the agency allowed an 34
employee, employee of a temporary employment service or 35
independent contractor to work: 36
(a) Before it received the information concerning the 37
employee, employee of the temporary employment service or 38
independent contractor from the Central Repository, except that 39
an employee, employee of the temporary employment service or 40
independent contractor shall not have contact with a child without 41
supervision before such information is received; 42
(b) During the period required pursuant to subsection 2 to 43
allow the employee, employee of the temporary employment 44
service or independent contractor to correct that information, 45
– 25 –
- *AB519*
except that an employee, employee of the temporary employment 1
service or independent contractor shall not have contact with a 2
child without supervision during such period; 3
(c) Based on the information received from the Central 4
Repository, if the information received from the Central 5
Repository was inaccurate; or 6
(d) Any combination thereof. 7
An agency to provide personal care services in the home or 8
employment agency that contracts with persons to provide 9
nonmedical services related to personal care to elderly persons or 10
persons with disabilities in the home may be held liable for any 11
other conduct determined to be negligent or unlawful. 12
Sec. 41. Any authorized member or employee of the Division 13
may enter and inspect any building or premises at any time to 14
secure compliance with or prevent a violation of any provision of 15
sections 2 to 58, inclusive, of this act. 16
Sec. 42. Every agency to provide personal care services in 17
the home may be inspected at any time, with or without notice, as 18
often as is necessary by: 19
1. The Division of Public and Behavioral Health to ensure 20
compliance with all applicable regulations and standards; and 21
2. Any person designated by the Aging and Disability Services 22
Division of the Department of Health and Human Services to 23
investigate complaints made against the agency to provide 24
personal care services in the home. 25
Sec. 43. The Division shall prepare a report of the results of 26
its inspections of agencies to provide personal care services in the 27
home regarding compliance with applicable regulations and 28
standards. The report must be provided to the agency to provide 29
personal care services in the home and include, without limitation, 30
a recommendation of the Division for correcting any deficiencies 31
and, if a deficiency is discovered as a result of an investigation by 32
a county, district or city board of health or health officer, the 33
recommendations of the board or health officer. 34
Sec. 44. 1. The Division may deny an application for a 35
license or may suspend or revoke any license to operate an agency 36
to provide personal care services in the home issued under the 37
provisions of sections 2 to 58, inclusive, of this act upon any of the 38
following grounds: 39
(a) Violation by the applicant or the licensee of any of the 40
provisions of NRS 449A.100 to 449A.124, inclusive, or sections 2 41
to 58, inclusive, of this act or of any other law of this State or of 42
the standards, rules and regulations adopted thereunder. 43
(b) Aiding, abetting or permitting the commission of any 44
illegal act. 45
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- *AB519*
(c) Conduct inimical to the public health, morals, welfare and 1
safety of the people of the State of Nevada in the maintenance and 2
operation of the agency for which a license is issued. 3
(d) Conduct or practice detrimental to the health or safety of 4
the clients or employees of the agency to provide personal care 5
services in the home. 6
2. In addition to the provisions of subsection 1, the Division 7
may revoke a license to operate an agency to provide personal care 8
services in the home if, with respect to that agency, the licensee 9
that operates the agency, or an agent or employee of the licensee: 10
(a) Is convicted of violating any of the provisions of 11
NRS 202.470; 12
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 13
244.360, 244.3603 or 268.4124; or 14
(c) Is ordered by the appropriate governmental agency to 15
correct a violation of a building, safety or health code or 16
regulation but fails to correct the violation. 17
3. The Division shall maintain a log of any complaints that it 18
receives relating to activities for which the Division may revoke 19
the license to operate an agency to provide personal care services 20
in the home pursuant to subsection 2. 21
4. On or before February 1 of each odd-numbered year, the 22
Division shall submit to the Director of the Legislative Counsel 23
Bureau a written report setting forth, for the previous biennium: 24
(a) Any complaints included in the log maintained by the 25
Division pursuant to subsection 3; and 26
(b) Any disciplinary actions taken by the Division pursuant to 27
subsection 2. 28
Sec. 45. 1. In addition to the payment of the amount 29
required by section 17 of this act, if an agency to provide personal 30
care services in the home violates any provision related to its 31
licensure, including any provision of sections 2 to 58, inclusive, of 32
this act or any condition, standard or regulation adopted by the 33
Board, the Division, in accordance with the regulations adopted 34
pursuant to section 46 of this act, may: 35
(a) Prohibit the agency to provide personal care services in the 36
home from providing services to a client until it determines that 37
the agency has corrected the violation; 38
(b) Except where a greater penalty is authorized by subsection 39
2, impose an administrative penalty of not more than $5,000 per 40
day for each violation, together with interest thereon at a rate not 41
to exceed 10 percent per annum; and 42
(c) Appoint temporary management to oversee the operation of 43
the agency to provide personal care services in the home and to 44
ensure the health and safety of the clients of the agency, until: 45
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(1) It determines that the agency has corrected the violation 1
and has management which is capable of ensuring continued 2
compliance with the applicable statutes, conditions, standards and 3
regulations; or 4
(2) Improvements are made to correct the violation. 5
2. If the agency to provide personal care services in the home 6
fails to pay any administrative penalty imposed pursuant to 7
paragraph (b) of subsection 1, the Division may: 8
(a) Suspend the license of the agency until the administrative 9
penalty is paid; and 10
(b) Collect court costs, reasonable attorney’s fees and other 11
costs incurred to collect the administrative penalty. 12
3. The Division may require any agency to provide personal 13
care services in the home that violates any provision of sections 2 14
to 58, inclusive, of this act or any condition, standard or 15
regulation adopted by the Board to make any improvements 16
necessary to correct the violation. 17
4. Any money collected as administrative penalties pursuant 18
to paragraph (b) of subsection 1 must be accounted for separately 19
and used to administer and carry out the provisions of chapter 20
449A of NRS and sections 2 to 58, inclusive, of this act to protect 21
the health, safety, well-being and property of the clients in 22
accordance with applicable state and federal standards or for any 23
other purpose authorized by the Legislature. 24
Sec. 46. The Board shall adopt regulations establishing the 25
criteria for the imposition of each sanction prescribed by section 26
45 of this act. These regulations must: 27
1. Prescribe the circumstances and manner in which each 28
sanction applies; 29
2. Minimize the time between identification of a violation and 30
the imposition of a sanction; 31
3. Provide for the imposition of incrementally more severe 32
sanctions for repeated or uncorrected violations; 33
4. Provide for less severe sanctions for lesser violations of 34
applicable state statutes, conditions, standards or regulations; and 35
5. Establish an administrative penalty to be imposed if a 36
violation of sections 2 to 58, inclusive, of this act causes harm or 37
the risk of harm to more than one person. 38
Sec. 47. 1. When the Division intends to deny, suspend or 39
revoke a license, or impose any sanction prescribed by section 45 40
of this act, it shall give reasonable notice to all parties by certified 41
mail. The notice must contain the legal authority, jurisdiction and 42
reasons for the action to be taken. Notice is not required if the 43
Division finds that the public health requires immediate action. In 44
that case, it may order a summary suspension of a license 45
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pursuant to this section and NRS 233B.127 or impose any 1
sanction prescribed by section 45 of this act, pending proceedings 2
for revocation or other action. 3
2. If a person wants to contest the action of the Division, the 4
person must file an appeal pursuant to regulations adopted by the 5
Board. 6
3. Upon receiving notice of an appeal, the Division shall hold 7
a hearing pursuant to regulations adopted by the Board. 8
4. The Board shall adopt such regulations as are necessary to 9
carry out the provisions of this section. 10
Sec. 48. 1. If the Division suspends the license of an 11
agency to provide personal care services in the home pursuant to 12
the provisions of this chapter, or if such an agency otherwise 13
ceases to operate, including, without limitation, pursuant to an 14
action or order of a health authority pursuant to chapter 441A of 15
NRS, the Division may, if deemed necessary by the Administrator 16
of the Division, take control of and ensure the safety of the records 17
of the agency. 18
2. Subject to the provisions of the Health Insurance 19
Portability and Accountability Act of 1996, Public Law 104-191, 20
the Division shall: 21
(a) Maintain the confidentiality of the records obtained 22
pursuant to subsection 1. 23
(b) Share records obtained pursuant to subsection 1 with law 24
enforcement agencies in this State and other governmental entities 25
which have authority to license the agency to provide personal 26
care services in the home or to license the owners or employees of 27
the agency. 28
(c) Release a record obtained pursuant to subsection 1 to the 29
client or legal guardian of the client who is the subject of the 30
record. 31
3. The Board shall adopt regulations to carry out the 32
provisions of this section, including, without limitation, 33
regulations for contracting with a person to maintain any records 34
under the control of the Division pursuant to subsection 1 and for 35
payment by the agency to provide personal care services in the 36
home of the cost of maintaining medical records. 37
Sec. 49. 1. In addition to the grounds listed in section 44 of 38
this act, the Division or the Board, as applicable, may deny a 39
license to operate an agency to provide personal care services in 40
the home or employment agency that contracts with persons to 41
provide nonmedical services related to personal care to elderly 42
persons or persons with disabilities in the home to an applicant or 43
may suspend or revoke the license of a licensee to operate such an 44
agency if: 45
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(a) The applicant or licensee has been convicted of: 1
(1) Murder, voluntary manslaughter or mayhem; 2
(2) Assault or battery with intent to kill or to commit sexual 3
assault or mayhem; 4
(3) Sexual assault, statutory sexual seduction, incest, 5
lewdness or indecent exposure, or any other sexually related crime 6
that is punished as a felony; 7
(4) Prostitution, solicitation, lewdness or indecent exposure, 8
or any other sexually related crime that is punished as a 9
misdemeanor, within the immediately preceding 7 years; 10
(5) A crime involving domestic violence that is punished as 11
a felony; 12
(6) A crime involving domestic violence that is punished as 13
a misdemeanor, within the immediately preceding 7 years; 14
(7) Abuse or neglect of a child or contributory delinquency; 15
(8) A violation of any federal or state law regulating the 16
possession, distribution or use of any controlled substance or any 17
dangerous drug as defined in chapter 454 of NRS, within the 18
immediately preceding 7 years; 19
(9) Abuse, neglect, exploitation, isolation or abandonment 20
of older persons or vulnerable persons, including, without 21
limitation, a violation of any provision of NRS 200.5091 to 22
200.50995, inclusive, or a law of any other jurisdiction that 23
prohibits the same or similar conduct; 24
(10) A violation of any provision of law relating to 25
Medicaid or a law of any other jurisdiction that prohibits the same 26
or similar conduct, within the immediately preceding 7 years; 27
(11) A violation of any provision of NRS 422.450 to 28
422.590, inclusive; 29
(12) A criminal offense under the laws governing Medicaid 30
or Medicare, within the immediately preceding 7 years; 31
(13) Any offense involving fraud, theft, embezzlement, 32
burglary, robbery, fraudulent conversion or misappropriation of 33
property, within the immediately preceding 7 years; 34
(14) Any other felony involving the use or threatened use of 35
force or violence against the victim or the use of a firearm or other 36
deadly weapon; or 37
(15) An attempt or conspiracy to commit any of the offenses 38
listed in this paragraph, within the immediately preceding 7 years; 39
or 40
(b) The licensee has, in violation of section 40 of this act, 41
continued to employ a person who has been convicted of a crime 42
listed in paragraph (a). 43
2. In addition to the grounds listed in section 44 of this act, 44
the Division or the Board, as applicable, may suspend or revoke 45
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the license of a licensee to operate an agency to provide personal 1
care services in the home or employment agency that contracts 2
with persons to provide nonmedical services related to personal 3
care to elderly persons or persons with disabilities in the home if 4
the licensee has, in violation of section 40 of this act, continued to 5
employ a person who has been convicted of a crime listed in 6
paragraph (a) of subsection 1. 7
3. As used in this section: 8
(a) “Domestic violence” means an act described in 9
NRS 33.018. 10
(b) “Medicaid” has the meaning ascribed to it in 11
NRS 439B.120. 12
(c) “Medicare” has the meaning ascribed to it in 13
NRS 439B.130. 14
Sec. 50. 1. If the Division receives a copy of a court order 15
issued pursuant to NRS 425.540 that provides for the suspension 16
of all professional, occupational and recreational licenses, 17
certificates and permits issued to a person who is the holder of 18
license, the Division shall deem the license issued to that person to 19
be suspended at the end of the 30th day after the date on which the 20
court order was issued unless the Division receives a letter issued 21
to the holder of the license by the district attorney or other public 22
agency pursuant to NRS 425.550 stating that the holder of the 23
license has complied with the subpoena or warrant or has satisfied 24
the arrearage pursuant to NRS 425.560. 25
2. The Division shall reinstate a license issued pursuant to 26
sections 2 to 58, inclusive, of this act that has been suspended by a 27
district attorney pursuant to NRS 425.540 if the Division receives 28
a letter issued by the district attorney or other public agency 29
pursuant to NRS 425.550 to the person whose certificate was 30
suspended stating that the person whose license was suspended 31
has complied with the subpoena or warrant or has satisfied the 32
arrearage pursuant to NRS 425.560. 33
Sec. 51. If a patient is released by a hospital to his or her 34
residence to receive care from an agency to provide personal care 35
services in the home, the agency to provide personal care services 36
in the home shall consult with a dietitian, as appropriate, to 37
ensure that the patient or the person with primary responsibility 38
for the care of the patient understands the dietary needs of the 39
patient. 40
Sec. 52. An agency to provide personal care services in the 41
home that is licensed pursuant to this chapter may, through its 42
employees or by contractual arrangement with other persons, 43
provide: 44
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1. To persons with disabilities, any medical services 1
authorized pursuant to NRS 629.091; and 2
2. Nonmedical services related to personal care to elderly 3
persons or persons with disabilities to assist those persons with 4
activities of daily living. 5
Sec. 53. Any person who is employed by an agency to provide 6
personal care services in the home who: 7
1. Has successfully completed a course in cardiopulmonary 8
resuscitation according to the guidelines of the American National 9
Red Cross or American Heart Association; 10
2. Has successfully completed the training requirements of a 11
course in basic emergency care of a person in cardiac arrest 12
conducted in accordance with the standards of the American 13
Heart Association; or 14
3. Has successfully completed the training requirements of a 15
course in the use and administration of first aid, including 16
cardiopulmonary resuscitation, 17
and who in good faith renders emergency care or assistance in 18
accordance with the person’s training, in the course of his or her 19
regular employment or profession, to an elderly person or a 20
person with a disability, is not liable for any civil damages as a 21
result of any act or omission, not amounting to gross negligence, 22
by that person in rendering that care. 23
Sec. 54. The name, sign, listing or other designation of an 24
agency to provide personal care services in the home must not 25
contain any terms misleading to the public with regard to the 26
services offered. 27
Sec. 55. 1. An agency to provide personal care services in 28
the home or an employee of such an agency shall not: 29
(a) Refer a person to a residential facility for groups that is not 30
licensed by the Division; or 31
(b) Refer a person to a residential facility for groups if the 32
agency to provide personal care services in the home or its 33
employee knows or reasonably should know that the residential 34
facility for groups, or the services provided by the residential 35
facility for groups, are not appropriate for the condition of the 36
person being referred. 37
2. If an agency to provide personal care services in the home 38
or an employee of such an agency violates the provisions of 39
subsection 1, the agency to provide personal care services in the 40
home is liable for a civil penalty to be recovered by the Attorney 41
General in the name of the Board for the first offense of not more 42
than $10,000 and for a second or subsequent offense of not less 43
than $10,000 or more than $20,000. Unless otherwise required by 44
federal law, the Board shall deposit all civil penalties collected 45
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- *AB519*
pursuant to this section into a separate account in the State 1
General Fund to be used for the enforcement of this section and 2
the protection of the health, safety, well-being and property of 3
residents of residential facilities for groups. 4
3. The Board shall: 5
(a) Establish and maintain a system to track violations of this 6
section. Except as otherwise provided in this paragraph, records 7
created by or for the system are public records and are available 8
for public inspection. The following information is confidential: 9
(1) Any personally identifying information relating to a 10
person who is referred to a residential facility for groups. 11
(2) Information which may not be disclosed under federal 12
law. 13
(b) Educate the public regarding the requirements and 14
prohibitions set forth in this section and NRS 449.0305. 15
4. As used in this section, “residential facility for groups” has 16
the meaning ascribed to it in NRS 449.017. 17
Sec. 56. 1. In addition to the payment of the amount 18
required by section 17 of this act and any civil penalty imposed 19
pursuant to subsection 4, a person who operates an agency to 20
provide personal care services in the home without a license issued 21
by the Division is guilty of a misdemeanor. 22
2. If the Division believes that a person is operating an 23
agency to provide personal care services in the home without such 24
a license, the Division may issue an order to cease and desist the 25
operation of the agency. The order must be served upon the person 26
by personal delivery or by certified or registered mail, return 27
receipt requested. The order is effective upon service. 28
3. If a person does not voluntarily cease operating an agency 29
to provide personal care services in the home without a license or 30
apply for licensure within 30 days after the date of service of the 31
order pursuant to subsection 2, the Division may bring an action 32
in a court of competent jurisdiction pursuant to section 57 of this 33
act. 34
4. Upon a showing by the Division that a person is operating 35
an agency to provide personal care services in the home without a 36
license, a court of competent jurisdiction may: 37
(a) Enjoin the person from operating the agency. 38
(b) Impose a civil penalty on the operator to be recovered by 39
the Division of not more than $10,000 for the first offense or not 40
less than $10,000 or more than $25,000 for a second or 41
subsequent offense. 42
5. Unless otherwise required by federal law, the Division 43
shall deposit all civil penalties collected pursuant to paragraph (b) 44
of subsection 4 into a separate account in the State General Fund 45
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to be used to administer and carry out the provisions of sections 2 1
to 58, inclusive, of this act and to protect the health, safety, well-2
being and property of the clients in accordance with applicable 3
state and federal standards. 4
Sec. 57. 1. The Division may bring an action in the name 5
of the State to enjoin any person, state or local government unit or 6
agency thereof from operating or maintaining any agency to 7
provide personal care services in the home or employment agency 8
that contracts with persons to provide nonmedical services related 9
to personal care to elderly persons or persons with disabilities in 10
the home within the meaning of sections 2 to 58, inclusive, of this 11
act: 12
(a) Without first obtaining a license therefor; or 13
(b) After his or her license has been revoked or suspended by 14
the Division. 15
2. It is sufficient in such action to allege that the defendant 16
did, on a certain date and in a certain place, operate and maintain 17
such an agency without a license. 18
Sec. 58. The district attorney of the county in which an 19
agency to provide personal care services in the home or 20
employment agency that contracts with persons to provide 21
nonmedical services related to personal care to elderly persons or 22
persons with disabilities in the home is located shall, upon 23
application by the Division, institute and conduct the prosecution 24
of any action for violation of any provisions of sections 2 to 58, 25
inclusive, of this act. 26
Sec. 59. As used in sections 59 to 90, inclusive, of this act, 27
unless the context otherwise requires, “intermediary service 28
organization” means a nongovernmental entity that provides 29
services authorized pursuant to section 60 of this act for a person 30
with a disability or other responsible person. 31
Sec. 60. 1. An intermediary service organization that is 32
certified pursuant to sections 59 to 90, inclusive, of this act may 33
provide services for a person with a disability or other responsible 34
person relating to personal assistance received by the person with 35
a disability. The services that may be provided by an intermediary 36
service organization include, without limitation: 37
(a) Obtaining a criminal background check of a personal 38
assistant selected by the person with a disability or other 39
responsible person to provide nonmedical services and any 40
medical services authorized pursuant to NRS 629.091; 41
(b) Providing payroll services to pay the personal assistant and 42
determine any tax liability; 43
(c) Providing services relating to financial management; and 44
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(d) Providing any other services relating to the employment of 1
a personal assistant and any other financial assistance relating to 2
the personal assistance for the person with a disability. 3
2. As used in this section: 4
(a) “Other responsible person” means: 5
(1) A parent or guardian of, or any other person legally 6
responsible for, a person with a disability who is under the age of 7
18 years; or 8
(2) A parent, spouse, guardian or adult child of a person 9
with a disability who suffers from a cognitive impairment. 10
(b) “Personal assistance” means the provision of any goods or 11
services to help a person with a disability maintain his or her 12
independence, personal hygiene and safety, including, without 13
limitation, the provision of services by a personal assistant. 14
(c) “Personal assistant” means a person who, for 15
compensation and under the direction of a person with a disability 16
or other responsible person, performs services for a person with a 17
disability to help the person maintain his or her independence, 18
personal hygiene and safety. 19
Sec. 61. 1. The Board shall adopt regulations authorizing 20
an employee of an intermediary service organization, with the 21
consent of the person receiving services, to: 22
(a) Check, record and report the temperature, blood pressure, 23
apical or radial pulse, respiration or oxygen saturation of a person 24
receiving services from the organization; 25
(b) Using an auto-injection device approved by the Food and 26
Drug Administration for use in the home, administer to a person 27
receiving services from the organization insulin furnished by a 28
registered pharmacist as directed by a physician or assist such a 29
person with the self-administration of such insulin; and 30
(c) Using a device for monitoring blood glucose approved by 31
the Food and Drug Administration for use in the home, perform a 32
blood glucose test on a person receiving services from the 33
organization or assist such a person to perform a blood glucose 34
test on himself or herself. 35
2. The regulations adopted pursuant to this section: 36
(a) Must require the tasks described in subsection 1 to be 37
performed in conformance with the Clinical Laboratory 38
Improvement Amendments of 1988, Public Law No. 100-578, 42 39
U.S.C. § 263a, if applicable, and any other applicable federal law 40
or regulation; 41
(b) Must prohibit the use of a device for monitoring blood 42
glucose on more than one person; and 43
(c) May require a person to receive training before performing 44
any task described in subsection 1. 45
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Sec. 62. 1. Except as otherwise provided in subsection 2, a 1
person shall not operate or maintain in this State an intermediary 2
service organization without first obtaining a certificate to operate 3
an intermediary service organization as provided in sections 59 to 4
90, inclusive, of this act. 5
2. A person who is licensed to operate an agency to provide 6
personal care services in the home pursuant to this chapter is not 7
required to obtain a certificate to operate an intermediary service 8
organization as described in this section. 9
3. A person who violates the provisions of this section is 10
guilty of a misdemeanor. 11
Sec. 63. Any person wishing to obtain a certificate to operate 12
an intermediary service organization pursuant to the provisions of 13
sections 59 to 90, inclusive, of this act must file with the Division 14
an application, on a form prescribed, prepared and furnished by 15
the Division, containing: 16
1. The name of the applicant and, if a person, whether the 17
applicant has attained the age of 21 years. 18
2. The location of the intermediary service organization. 19
3. The name of the person in charge of the intermediary 20
service organization. 21
4. Such other information as may be required by the Division 22
for the proper administration and enforcement of sections 59 to 23
90, inclusive, of this act. 24
5. Evidence satisfactory to the Division that the applicant is 25
of reputable and responsible character. If the applicant is a firm, 26
association, organization, partnership, business trust, corporation 27
or company, similar evidence must be submitted as to the members 28
thereof, and the person in charge of the intermediary service 29
organization for which the application is made. 30
6. Evidence satisfactory to the Division of the ability of the 31
applicant to comply with the provisions of sections 59 to 90, 32
inclusive, of this act and the standards and regulations adopted by 33
the Board. 34
Sec. 64. An application for the issuance of a certificate to 35
operate an intermediary service organization pursuant to section 36
63 of this act must include the social security number of the 37
applicant. 38
Sec. 65. 1. An applicant for the issuance or renewal of a 39
certificate to operate an intermediary service organization must 40
submit to the Division the statement prescribed by the Division of 41
Welfare and Supportive Services of the Department of Health and 42
Human Services pursuant to NRS 425.520. The statement must be 43
completed and signed by the applicant. 44
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2. The Division shall include the statement required pursuant 1
to subsection 1 in: 2
(a) The application or any other forms that must be submitted 3
for the issuance or renewal of the certificate; or 4
(b) A separate form prescribed by the Division. 5
3. A certificate to operate an intermediary service 6
organization may not be issued or renewed by the Division if the 7
applicant: 8
(a) Fails to submit the statement required pursuant to 9
subsection 1; or 10
(b) Indicates on the statement submitted pursuant to 11
subsection 1 that the applicant is subject to a court order for the 12
support of a child and is not in compliance with the order or a 13
plan approved by the district attorney or other public agency 14
enforcing the order for the repayment of the amount owed 15
pursuant to the order. 16
4. If an applicant indicates on the statement submitted 17
pursuant to subsection 1 that the applicant is subject to a court 18
order for the support of a child and is not in compliance with the 19
order or a plan approved by the district attorney or other public 20
agency enforcing the order for the repayment of the amount owed 21
pursuant to the order, the Division shall advise the applicant to 22
contact the district attorney or other public agency enforcing the 23
order to determine the actions that the applicant may take to 24
satisfy the arrearage. 25
Sec. 66. Each application for a certificate to operate an 26
intermediary service organization must be accompanied by such 27
fee as may be determined by regulation of the Board. The Board 28
may, by regulation, allow or require payment of a fee for a 29
certificate in installments and may fix the amount of each 30
payment and the date on which the payment is due. 31
Sec. 67. 1. Except as otherwise provided in subsection 6 32
and section 68 of this act, each intermediary service organization 33
shall, when applying for a certificate or renewing a certificate, file 34
with the Administrator of the Division of Public and Behavioral 35
Health a surety bond: 36
(a) If the intermediary service organization employs less than 37
7 employees, in the amount of $5,000; 38
(b) If the intermediary service organization employs at least 7 39
but not more than 25 employees, in the amount of $25,000; or 40
(c) If the intermediary service organization employs more than 41
25 employees, in the amount of $50,000. 42
2. A bond filed pursuant to this section must be executed by 43
the intermediary service organization as principal and by a surety 44
company as surety. The bond must be payable to the Aging and 45
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Disability Services Division of the Department of Health and 1
Human Services and must be conditioned to provide 2
indemnification to an older patient whom the Attorney for the 3
Rights of Older Persons and Persons with a Physical Disability, an 4
Intellectual Disability or a Related Condition determines has 5
suffered property damage as a result of any act or failure to act by 6
the intermediary service organization to protect the property of the 7
older patient. 8
3. Except when a surety is released, the surety bond must 9
cover the period of the initial certificate to operate or the period of 10
the renewal, as appropriate. 11
4. A surety on any bond filed pursuant to this section may be 12
released after the surety gives 30 days’ written notice to the 13
Administrator of the Division of Public and Behavioral Health, 14
but the release does not discharge or otherwise affect any claim 15
filed by an older patient for property damaged as a result of any 16
act or failure to act by the intermediary service organization to 17
protect the property of the older patient alleged to have occurred 18
while the bond was in effect. 19
5. A certificate is suspended by operation of law when the 20
intermediary service organization is no longer covered by a surety 21
bond as required by this section or by a substitute for the surety 22
bond pursuant to section 68 of this act. The Administrator of the 23
Division of Public and Behavioral Health shall give the 24
intermediary service organization at least 20 days’ written notice 25
before the release of the surety or the substitute for the surety, to 26
the effect that the certificate will be suspended by operation of law 27
until another surety bond or substitute for the surety bond is filed 28
in the same manner and amount as the bond or substitute being 29
terminated. 30
6. The requirement of filing a surety bond set forth in this 31
section does not apply to an intermediary service organization that 32
is operated and maintained by the State of Nevada or an agency 33
thereof. 34
7. As used in this section, “older patient” means a patient 35
who is 60 years of age or older. 36
Sec. 68. 1. As a substitute for the surety bond required 37
pursuant to section 67 of this act, an intermediary service 38
organization may deposit with any bank or trust company 39
authorized to do business in this State, upon approval from the 40
Administrator of the Division of Public and Behavioral Health: 41
(a) An obligation of a bank, savings and loan association, 42
savings bank, thrift company or credit union licensed to do 43
business in this State; 44
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(b) Bills, bonds, notes, debentures or other obligations of the 1
United States or any agency or instrumentality thereof, or 2
guaranteed by the United States; or 3
(c) Any obligation of this State or any city, county, town, 4
township, school district or other instrumentality of this State, or 5
guaranteed by this State, in an aggregate amount, based upon 6
principal amount or market value, whichever is lower. 7
2. The obligations of a bank, savings and loan association, 8
savings bank, thrift company or credit union must be held to 9
secure the same obligation as would the surety bond required by 10
section 67 of this act. With the approval of the Administrator of 11
the Division of Public and Behavioral Health, the depositor may 12
substitute other suitable obligations for those deposited, which 13
must be assigned to the Aging and Disability Services Division of 14
the Department of Health and Human Services and are negotiable 15
only upon approval by the Administrator of the Aging and 16
Disability Services Division. 17
3. Any interest or dividends earned on the deposit accrue to 18
the account of the depositor. 19
4. The deposit must be an amount at least equal to the surety 20
bond required by section 67 of this act and must state that the 21
amount may not be withdrawn except by direct and sole order of 22
the Administrator of the Aging and Disability Services Division. 23
Sec. 69. 1. The Division shall not deny the application of a 24
person for a certificate to operate an intermediary service 25
organization pursuant to section 63 of this act based solely on his 26
or her immigration status. 27
2. Notwithstanding the provisions of section 64 of this act, an 28
applicant for a certificate to operate an intermediary service 29
organization who does not have a social security number must 30
provide an alternative personally identifying number, including, 31
without limitation, his or her individual taxpayer identification 32
number, when completing an application for a certificate to 33
operate an intermediary service organization. 34
3. The Division shall not disclose to any person who is not 35
employed by the Division the social security number or alternative 36
personally identifying number, including, without limitation, an 37
individual taxpayer identification number, of an applicant for a 38
license for any purpose except: 39
(a) Tax purposes; 40
(b) Licensing purposes; and 41
(c) Enforcement of an order for the payment of child support. 42
4. A social security number or alternative personally 43
identifying number, including, without limitation, an individual 44
taxpayer identification number, provided to the Division is 45
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confidential and is not a public record for the purposes of chapter 1
239 of NRS. 2
Sec. 70. 1. The Division shall develop and implement a 3
process by which a person with a criminal history may petition the 4
Division to review the criminal history of the person to determine 5
if the person’s criminal history will disqualify the person from 6
obtaining a certificate to operate an intermediary service 7
organization pursuant to section 62 of this act. 8
2. Not later than 90 days after a petition is submitted to the 9
Division pursuant to subsection 1, the Division shall inform 10
the person of the determination of the Division of whether the 11
person’s criminal history will disqualify the person from obtaining 12
a certificate. The Division is not bound by its determination of 13
disqualification or qualification and may rescind such a 14
determination at any time. 15
3. The Division may provide instructions to a person who 16
receives a determination of disqualification to remedy the 17
determination of disqualification. A person may resubmit a 18
petition pursuant to subsection 1 not earlier than 6 months after 19
receiving instructions pursuant to this subsection if the person 20
remedies the determination of disqualification. 21
4. A person with a criminal history may petition the Division 22
at any time, including, without limitation, before obtaining any 23
education or paying any fee required to obtain a certificate from 24
the Division. 25
5. A person may submit a new petition to the Division not 26
earlier than 2 years after the final determination of the initial 27
petition submitted to the Division. 28
6. The Division may impose a fee of up to $50 upon the 29
person to fund the administrative costs in complying with the 30
provisions of this section. The Division may waive such fees or 31
allow such fees to be covered by funds from a scholarship or 32
grant. 33
7. The Division may post on its Internet website: 34
(a) The requirements to obtain a certificate from the Division; 35
and 36
(b) A list of crimes, if any, that would disqualify a person from 37
obtaining a certificate from the Division. 38
8. The Division may request the criminal history record of a 39
person who petitions the Division for a determination pursuant to 40
subsection 1. To the extent consistent with federal law, if the 41
Division makes such a request of a person, the Division shall 42
require the person to submit his or her criminal history record 43
which includes a report from: 44
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(a) The Central Repository for Nevada Records of Criminal 1
History; and 2
(b) The Federal Bureau of Investigation. 3
9. A person who petitions the Division for a determination 4
pursuant to subsection 1 shall not submit false or misleading 5
information to the Division. 6
10. The Division shall, on or before the 20th day of January, 7
April, July and October, submit to the Director of the Legislative 8
Counsel Bureau in an electronic format prescribed by the 9
Director, a report that includes: 10
(a) The number of petitions submitted to the Division pursuant 11
to subsection 1; 12
(b) The number of determinations of disqualification made by 13
the Division pursuant to subsection 1; 14
(c) The reasons for such determinations; and 15
(d) Any other information that is requested by the Director or 16
which the Division determines would be helpful. 17
11. The Director shall transmit a compilation of the 18
information received pursuant to subsection 10 to the Legislative 19
Commission quarterly, unless otherwise directed by the 20
Commission. 21
Sec. 71. 1. The Division shall issue the certificate to 22
operate an intermediary service organization to the applicant if, 23
after investigation, the Division finds that the applicant is in: 24
(a) Full compliance with the provisions of sections 59 to 90, 25
inclusive, of this act; and 26
(b) Substantial compliance with the standards and regulations 27
adopted by the Board. 28
2. A certificate applies only to the person to whom it is issued 29
and is not transferable. 30
Sec. 72. Each certificate to operate an intermediary service 31
organization issued by the Division pursuant to sections 59 to 90, 32
inclusive, of this act must be in the form prescribed by the Division 33
and must contain: 34
1. The name of the person or persons authorized to operate 35
the intermediary service organization; 36
2. The location of the intermediary service organization; and 37
3. The services offered by the intermediary service 38
organization. 39
Sec. 73. 1. Each certificate to operate an intermediary 40
service organization issued pursuant to sections 59 to 90, 41
inclusive, of this act expires on December 31 following its 42
issuance and is renewable for 1 year upon reapplication and 43
payment of all fees required pursuant to section 66 of this act 44
unless the Division finds, after an investigation, that the 45
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intermediary service organization has not satisfactorily complied 1
with the provisions of sections 59 to 90, inclusive, of this act or the 2
standards and regulations adopted by the Board. 3
2. Each reapplication for an intermediary service 4
organization must include, without limitation, a statement that the 5
organization is in compliance with the provisions of sections 80 to 6
85, inclusive, of this act. 7
Sec. 74. 1. In addition to any other requirements set forth 8
in sections 59 to 90, inclusive, of this act, an applicant for the 9
renewal of a certificate as an intermediary service organization 10
must indicate in the application submitted to the Division whether 11
the applicant has a state business license. If the applicant has a 12
state business license, the applicant must include in the 13
application the business identification number assigned by the 14
Secretary of State upon compliance with the provisions of chapter 15
76 of NRS. 16
2. A certificate as an intermediary service organization may 17
not be renewed by the Division if: 18
(a) The applicant fails to submit the information required by 19
subsection 1; or 20
(b) The State Controller has informed the Division pursuant to 21
subsection 5 of NRS 353C.1965 that the applicant owes a debt to 22
an agency that has been assigned to the State Controller for 23
collection and the applicant has not: 24
(1) Satisfied the debt; 25
(2) Entered into an agreement for the payment of the debt 26
pursuant to NRS 353C.130; or 27
(3) Demonstrated that the debt is not valid. 28
3. As used in this section: 29
(a) “Agency” has the meaning ascribed to it in NRS 353C.020. 30
(b) “Debt” has the meaning ascribed to it in NRS 353C.040. 31
Sec. 75. The Division may deny an application for a 32
certificate to operate an intermediary service organization or may 33
suspend or revoke any certificate issued under the provisions of 34
sections 59 to 90, inclusive, of this act upon any of the following 35
grounds: 36
1. Violation by the applicant or the holder of a certificate of 37
any of the provisions of sections 59 to 90, inclusive, of this act or 38
of any other law of this State or of the standards, rules and 39
regulations adopted thereunder. 40
2. Aiding, abetting or permitting the commission of any 41
illegal act. 42
3. Conduct inimical to the public health, morals, welfare and 43
safety of the people of the State of Nevada in the operation of an 44
intermediary service organization. 45
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4. Conduct or practice detrimental to the health or safety of a 1
person under contract with or employees of the intermediary 2
service organization. 3
Sec. 76. 1. If the Division receives a copy of a court order 4
issued pursuant to NRS 425.540 that provides for the suspension 5
of all professional, occupational and recreational licenses, 6
certificates and permits issued to a person who is the holder of a 7
certificate to operate an intermediary service organization, the 8
Division shall deem the certificate issued to that person to be 9
suspended at the end of the 30th day after the date on which the 10
court order was issued unless the Division receives a letter issued 11
to the holder of the certificate by the district attorney or other 12
public agency pursuant to NRS 425.550 stating that the holder of 13
the certificate has complied with the subpoena or warrant or has 14
satisfied the arrearage pursuant to NRS 425.560. 15
2. The Division shall reinstate a certificate to operate an 16
intermediary service organization that has been suspended by a 17
district court pursuant to NRS 425.540 if the Division receives a 18
letter issued by the district attorney or other public agency 19
pursuant to NRS 425.550 to the person whose certificate was 20
suspended stating that the person whose certificate was suspended 21
has complied with the subpoena or warrant or has satisfied the 22
arrearage pursuant to NRS 425.560. 23
Sec. 77. 1. The Division may cancel a certificate to operate 24
an intermediary service organization and issue a provisional 25
certificate, effective for a period determined by the Division, to the 26
intermediary service organization if the intermediary service 27
organization: 28
(a) Is in operation at the time of the adoption of standards and 29
regulations pursuant to the provisions of sections 59 to 90, 30
inclusive, of this act and the Division determines that the 31
intermediary service organization requires a reasonable time 32
under the particular circumstances within which to comply with 33
the standards and regulations; or 34
(b) Has failed to comply with the standards or regulations and 35
the Division determines that the intermediary service organization 36
is in the process of making the necessary changes or has agreed to 37
make the changes within a reasonable time. 38
2. The provisions of subsection 1 do not require the issuance 39
of a certificate or prevent the Division from refusing to renew or 40
from revoking or suspending any certificate if the Division deems 41
such action necessary for the health and safety of a person for 42
whom the intermediary service organization provides services. 43
Sec. 78. 1. Money received from the certification of 44
intermediary service organizations: 45
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(a) Must be forwarded to the State Treasurer for deposit in the 1
State Treasury; 2
(b) Must be accounted for separately in the State General 3
Fund; and 4
(c) May only be used to carry out the provisions of sections 59 5
to 90, inclusive, of this act. 6
2. The Division shall enforce the provisions of sections 59 to 7
90, inclusive, of this act and may incur any necessary expenses not 8
in excess of money appropriated for that purpose by the State or 9
received from the Federal Government. 10
Sec. 79. 1. The Board shall adopt regulations governing 11
the certification of intermediary service organizations and such 12
other regulations as it deems necessary to carry out the provisions 13
of sections 59 to 90, inclusive, of this act. 14
2. The Division may: 15
(a) Upon receipt of an application for a certificate to operate 16
an intermediary service organization, conduct an investigation 17
into the qualifications of personnel, methods of operation and 18
policies and purposes of any person proposing to engage in the 19
operation of an intermediary service organization. 20
(b) Upon receipt of a complaint against an intermediary 21
service organization, except for a complaint concerning the cost of 22
services, conduct an investigation into the qualifications of 23
personnel, methods of operation and policies, procedures and 24
records of that intermediary service organization or any other 25
intermediary service organization which may have information 26
pertinent to the complaint. 27
(c) Employ such professional, technical and clerical assistance 28
as it deems necessary to carry out the provisions of sections 59 to 29
90, inclusive, of this act. 30
Sec. 80. 1. Each applicant for a certificate to operate an 31
intermediary service organization shall submit to the Central 32
Repository for Nevada Records of Criminal History one complete 33
set of fingerprints for submission to the Federal Bureau of 34
Investigation for its report. 35
2. The Central Repository for Nevada Records of Criminal 36
History shall determine whether the applicant has been convicted 37
of a crime listed in subsection 1 of section 85 of this act and 38
immediately inform the administrator of the facility, hospital, 39
agency, program or home, if any, and the Division of whether the 40
applicant has been convicted of such a crime. 41
Sec. 81. 1. Except as otherwise provided in subsections 2 42
and 3, within 10 days after hiring an employee, accepting an 43
employee of a temporary employment service or entering into a 44
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contract with an independent contractor, the holder of a certificate 1
to operate an intermediary service organization shall: 2
(a) Obtain a written statement from the employee, employee of 3
the temporary employment service or independent contractor 4
stating whether he or she has been convicted of any crime listed in 5
subsection 1 of section 85 of this act; 6
(b) Obtain an oral and written confirmation of the information 7
contained in the written statement obtained pursuant to 8
paragraph (a); 9
(c) Obtain proof that the employee, employee of the temporary 10
employment service or independent contractor holds any required 11
license, permit or certificate; 12
(d) Obtain from the employee, employee of the temporary 13
employment service or independent contractor one set of 14
fingerprints and a written authorization to forward the 15
fingerprints to the Central Repository for Nevada Records of 16
Criminal History for submission to the Federal Bureau of 17
Investigation for its report; 18
(e) Submit to the Central Repository for Nevada Records of 19
Criminal History the fingerprints obtained pursuant to paragraph 20
(d) to obtain information on the background and personal history 21
of each employee, employee of a temporary employment service or 22
independent contractor to determine whether the person has been 23
convicted of any crime listed in subsection 1 of section 85 of this 24
act; and 25
(f) If an Internet website has been established pursuant to 26
NRS 439.942: 27
(1) Screen the employee, employee of the temporary 28
employment service or independent contractor using the Internet 29
website. Upon request of the Division, proof that the employee, 30
temporary employee or independent contractor was screened 31
pursuant to this subparagraph must be provided to the Division. 32
(2) Enter on the Internet website information to be 33
maintained on the website concerning the employee, employee of 34
the temporary employment service or independent contractor. 35
2. The holder of a certificate to operate an intermediary 36
service organization is not required to obtain the information 37
described in subsection 1 from an employee, employee of a 38
temporary employment service or independent contractor if his or 39
her fingerprints have been submitted to the Central Repository for 40
Nevada Records of Criminal History for submission to the Federal 41
Bureau of Investigation for its report within the immediately 42
preceding 6 months and the report of the Federal Bureau of 43
Investigation indicated that the employee, employee of the 44
temporary employment service or independent contractor has not 45
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been convicted of any crime set forth in subsection 1 of section 85 1
of this act. 2
3. The holder of a certificate to operate an intermediary 3
service organization is not required to obtain the information 4
described in subsection 1, other than the information described in 5
paragraph (c) of subsection 1, from an employee, employee of a 6
temporary employment service or independent contractor if: 7
(a) The employee, employee of the temporary employment 8
service or independent contractor agrees to allow the holder of a 9
certificate to operate an intermediary service organization to 10
receive notice from the Central Repository for Nevada Records of 11
Criminal History regarding any conviction and subsequent 12
conviction of the employee, employee of the temporary 13
employment service or independent contractor of a crime listed in 14
subsection 1 of section 85 of this act; 15
(b) An agency, board or commission that regulates an 16
occupation or profession pursuant to title 54 of NRS or temporary 17
employment service has, within the immediately preceding 5 years, 18
submitted the fingerprints of the employee, employee of the 19
temporary employment service or independent contractor to the 20
Central Repository for Nevada Records of Criminal History for 21
submission to the Federal Bureau of Investigation for its report; 22
and 23
(c) The report of the Federal Bureau of Investigation indicated 24
that the employee, employee of the temporary employment service 25
or independent contractor has not been convicted of any crime set 26
forth in subsection 1 of section 85 of this act. 27
4. The holder of a certificate to operate an intermediary 28
service organization shall ensure that the information concerning 29
the background and personal history of each employee, employee 30
of a temporary employment service or independent contractor who 31
works at or for the intermediary service organization is completed 32
as soon as practicable and at least once every 5 years after the date 33
of the initial investigation. The holder of the certificate shall, 34
when required: 35
(a) Obtain one set of fingerprints from the employee, employee 36
of the temporary employment service or independent contractor; 37
(b) Obtain written authorization from the employee, employee 38
of the temporary employment service or independent contractor to 39
forward the fingerprints obtained pursuant to paragraph (a) to the 40
Central Repository for Nevada Records of Criminal History for 41
submission to the Federal Bureau of Investigation for its report; 42
and 43
(c) Submit the fingerprints to the Central Repository for 44
Nevada Records of Criminal History or, if the fingerprints were 45
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submitted electronically, obtain proof of electronic submission of 1
the fingerprints to the Central Repository for Nevada Records of 2
Criminal History. 3
5. Upon receiving fingerprints submitted pursuant to this 4
section, the Central Repository for Nevada Records of Criminal 5
History shall determine whether the employee, employee of the 6
temporary employment service or independent contractor has been 7
convicted of a crime listed in subsection 1 of section 85 of this act 8
and immediately inform the Division and the holder of the 9
certificate to operate an intermediary service organization for 10
which the person works whether the employee, employee of the 11
temporary employment service or independent contractor has been 12
convicted of such a crime. 13
6. The Central Repository for Nevada Records of Criminal 14
History may impose a fee upon an intermediary service 15
organization that submits fingerprints pursuant to this section for 16
the reasonable cost of the investigation. The intermediary service 17
organization may recover from the employee or independent 18
contractor whose fingerprints are submitted not more than one-19
half of the fee imposed by the Central Repository. If the 20
intermediary service organization requires the employee or 21
independent contractor to pay for any part of the fee imposed by 22
the Central Repository, it shall allow the employee or independent 23
contractor to pay the amount through periodic payments. The 24
intermediary service organization may require a temporary 25
employment service which employs a temporary employee whose 26
fingerprints are submitted to pay the fee imposed by the Central 27
Repository. An intermediary service organization shall notify a 28
temporary employment service if a person employed by the 29
temporary employment service is determined to be ineligible to 30
provide services to the intermediary service organization based 31
upon the results of an investigation conducted pursuant to this 32
section. 33
7. Unless a greater penalty is provided by law, a person who 34
willfully provides a false statement or information in connection 35
with an investigation of the background and personal history of 36
the person pursuant to this section that would disqualify the 37
person from employment, including, without limitation, a 38
conviction of a crime listed in subsection 1 of section 85 of this 39
act, is guilty of a misdemeanor. 40
Sec. 82. 1. A temporary employment service shall not send 41
an employee to provide services to an intermediary service 42
organization if the temporary employment service has received 43
notice from a holder of a certificate to operate an intermediary 44
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service organization that the employee of the temporary 1
employment service is ineligible to provide such services. 2
2. A holder of a certificate to operate an intermediary service 3
organization who enters into an agreement with a temporary 4
employment service to provide services to the intermediary service 5
organization on a temporary basis must require the temporary 6
employment service to: 7
(a) Provide proof that each employee of the temporary 8
employment service whom it may send to provide services to the 9
intermediary service organization has been continuously employed 10
by the temporary employment service since the last investigation 11
conducted of the employee pursuant to section 81 of this act; and 12
(b) Notify the intermediary service organization if the 13
investigation conducted of an employee of the temporary 14
employment service pursuant to section 81 of this act has not been 15
conducted within the immediately preceding 5 years. 16
Sec. 83. 1. Each intermediary service organization shall 17
maintain accurate records of the information concerning its 18
employees, employees of a temporary employment service and 19
independent contractors collected pursuant to section 81 of this 20
act, including, without limitation: 21
(a) A copy of the fingerprints submitted to the Central 22
Repository for Nevada Records of Criminal History or proof of 23
electronic fingerprint submission and a copy of the written 24
authorization that was provided by the employee, employee of the 25
temporary employment service or independent contractor; 26
(b) Proof that the fingerprints of the employee, employee of the 27
temporary employment service or independent contractor were 28
submitted to the Central Repository; and 29
(c) Any other documentation of the information collected 30
pursuant to section 81 of this act. 31
2. The records maintained pursuant to subsection 1 must be: 32
(a) Maintained for the period of the employment of the person 33
with the intermediary service organization; and 34
(b) Made available for inspection by the Division at any 35
reasonable time, and copies thereof must be furnished to the 36
Division upon request. 37
3. If an Internet website has been established pursuant to 38
NRS 439.942, an intermediary service organization shall maintain 39
a current list of its employees, employees of a temporary 40
employment service and independent contractors on the Internet 41
website. 42
4. The Central Repository for Nevada Records of Criminal 43
History may maintain an electronic image of fingerprints 44
submitted pursuant to sections 80 and 81 of this act to notify an 45
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intermediary service organization and the Division of any 1
subsequent conviction of a person who is required to submit to an 2
investigation pursuant to sections 80 and 81 of this act. 3
Sec. 84. 1. Upon receiving information from the Central 4
Repository for Nevada Records of Criminal History pursuant to 5
section 81 of this act, or evidence from any other source, that an 6
employee, employee of a temporary employment service or 7
independent contractor of an intermediary service organization 8
has been convicted of a crime listed in subsection 1 of section 85 9
of this act, the holder of the certificate to operate the intermediary 10
service organization shall terminate the employment or contract of 11
that person or notify the temporary employment service that its 12
employee is prohibited from providing services for the 13
intermediary service organization after allowing the person time to 14
correct the information as required pursuant to subsection 2. 15
2. If an employee, employee of a temporary employment 16
service or independent contractor believes that the information 17
provided by the Central Repository is incorrect, the employee, 18
employee of the temporary employment service or independent 19
contractor may immediately inform the intermediary service 20
organization. The intermediary service organization that is so 21
informed shall give the employee, employee of the temporary 22
employment service or independent contractor a reasonable 23
amount of time of not less than 30 days to correct the information 24
received from the Central Repository before terminating the 25
employment or contract of the person pursuant to subsection 1. 26
3. An intermediary service organization that has complied 27
with section 81 of this act may not be held civilly or criminally 28
liable based solely upon the ground that the intermediary service 29
organization allowed an employee, employee of a temporary 30
employment service or independent contractor to work: 31
(a) Before it received the information concerning the 32
employee, employee of the temporary employment service or 33
independent contractor from the Central Repository, except that 34
an employee, employee of a temporary employment service or 35
independent contractor shall not have contact with a child without 36
supervision before such information is received; 37
(b) During the period required pursuant to subsection 2 to 38
allow the employee, employee of the temporary employment 39
service or independent contractor to correct that information, 40
except that an employee, employee of a temporary employment 41
service or independent contractor shall not have contact with a 42
child without supervision during such period; 43
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(c) Based on the information received from the Central 1
Repository, if the information received from the Central 2
Repository was inaccurate; or 3
(d) Any combination thereof. 4
An intermediary service organization may be held liable for any 5
other conduct determined to be negligent or unlawful. 6
Sec. 85. In addition to the grounds listed in section 75 of this 7
act, the Division may deny a certificate to operate an intermediary 8
service organization to an applicant or may suspend or revoke a 9
certificate of a holder of a certificate to operate an intermediary 10
service organization if: 11
1. The applicant for or holder of the certificate has been 12
convicted of: 13
(a) Murder, voluntary manslaughter or mayhem; 14
(b) Assault with intent to kill or to commit sexual assault or 15
mayhem; 16
(c) Sexual assault, statutory sexual seduction, incest, lewdness 17
or indecent exposure, or any other sexually related crime that is 18
punished as a felony; 19
(d) Prostitution, solicitation, lewdness or indecent exposure, or 20
any other sexually related crime that is punished as a 21
misdemeanor, if the conviction occurred within the immediately 22
preceding 7 years; 23
(e) Abuse or neglect of a child or contributory delinquency; 24
(f) A violation of any federal or state law regulating the 25
possession, distribution or use of any controlled substance or any 26
dangerous drug as defined in chapter 454 of NRS, within the past 27
7 years; 28
(g) A violation of any provision of NRS 200.5099 or 29
200.50995; 30
(h) Any offense involving fraud, theft, embezzlement, burglary, 31
robbery, fraudulent conversion or misappropriation of property, 32
within the immediately preceding 7 years; or 33
(i) Any other felony involving the use of a firearm or other 34
deadly weapon, within the immediately preceding 7 years; or 35
2. The holder of a certificate has continued to employ a 36
person who has been convicted of a crime listed in subsection 1. 37
Sec. 86. 1. If an intermediary service organization violates 38
any provision related to its certification, including, without 39
limitation, any provision of sections 59 to 90, inclusive, of this act 40
or any condition, standard or regulation adopted by the Board, the 41
Division, in accordance with the regulations adopted pursuant to 42
section 87 of this act, may, as it deems appropriate: 43
(a) Prohibit the intermediary service organization from 44
providing services pursuant to section 60 of this act until it 45
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determines that the intermediary service organization has 1
corrected the violation; 2
(b) Impose an administrative penalty of not more than $1,000 3
per day for each violation, together with interest thereon at a rate 4
not to exceed 10 percent per annum; and 5
(c) Appoint temporary management to oversee the operation of 6
the intermediary service organization and to ensure the health and 7
safety of the persons for whom the intermediary service 8
organization performs services, until: 9
(1) It determines that the intermediary service organization 10
has corrected the violation and has management which is capable 11
of ensuring continued compliance with the applicable statutes, 12
conditions, standards and regulations; or 13
(2) Improvements are made to correct the violation. 14
2. If the intermediary service organization fails to pay any 15
administrative penalty imposed pursuant to paragraph (b) of 16
subsection 1, the Division may: 17
(a) Suspend the certificate to operate an intermediary service 18
organization which is held by the intermediary service 19
organization until the administrative penalty is paid; and 20
(b) Collect court costs, reasonable attorney’s fees and other 21
costs incurred to collect the administrative penalty. 22
3. The Division may require any intermediary service 23
organization that violates any provision of sections 59 to 90, 24
inclusive, of this act, or any condition, standard or regulation 25
adopted by the Board, to make any improvements necessary to 26
correct the violation. 27
4. Any money collected as administrative penalties pursuant 28
to this section must be accounted for separately and used to 29
protect the health or property of the persons for whom the 30
intermediary service organization performs services in accordance 31
with applicable federal standards. 32
Sec. 87. The Board shall adopt regulations establishing the 33
criteria for the imposition of each sanction prescribed by section 34
86 of this act. These regulations must: 35
1. Prescribe the circumstances and manner in which each 36
sanction applies; 37
2. Minimize the time between identification of a violation and 38
the imposition of a sanction; 39
3. Provide for the imposition of incrementally more severe 40
sanctions for repeated or uncorrected violations; and 41
4. Provide for less severe sanctions for lesser violations of 42
applicable state statutes, conditions, standards or regulations. 43
Sec. 88. 1. When the Division intends to deny, suspend or 44
revoke a certificate to operate an intermediary service 45
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organization, or to impose any sanction prescribed by section 86 of 1
this act, the Division shall give reasonable notice to the holder of 2
the certificate by certified mail. The notice must contain the legal 3
authority, jurisdiction and reasons for the action to be taken. 4
Notice is not required if the Division finds that the public health 5
requires immediate action. In that case, the Division may order a 6
summary suspension of a certificate or impose any sanction 7
prescribed by section 86 of this act, pending proceedings for 8
revocation or other action. 9
2. If a person wants to contest the action of the Division, the 10
person must file an appeal pursuant to regulations adopted by the 11
Board. 12
3. Upon receiving notice of an appeal, the Division shall hold 13
a hearing pursuant to regulations adopted by the Board. 14
4. The Board shall adopt such regulations as are necessary to 15
carry out the provisions of this section. 16
Sec. 89. 1. Except as otherwise provided in subsection 2 of 17
section 62 of this act, the Division may bring an action in the 18
name of the State to enjoin any person from operating or 19
maintaining an intermediary service organization within the 20
meaning of sections 59 to 90, inclusive, of this act: 21
(a) Without first obtaining a certificate to operate an 22
intermediary service organization; or 23
(b) After the person’s certificate has been revoked or 24
suspended by the Division. 25
2. It is sufficient in such an action to allege that the 26
defendant did, on a certain date and in a certain place, operate 27
and maintain the intermediary service organization without a 28
certificate. 29
Sec. 90. The district attorney of the county in which an 30
intermediary service organization operates shall, upon application 31
by the Division, institute and conduct the prosecution of any 32
action for violation of any provision of sections 59 to 90, inclusive, 33
of this act. 34
Sec. 91. NRS 439.942 is hereby amended to read as follows: 35
439.942 1. The Division may establish a secure Internet 36
website which makes certain information available for a website 37
client to conduct an investigation into the background and personal 38
history of a person that is required pursuant to the provisions of this 39
chapter or chapter 62B, 63, 424, 427A, 432, 432A, 432B, 433, 40
433B, 435 or 449 of NRS [.] or the chapter consisting of sections 2 41
to 90, inclusive, of this act. 42
2. To become a website client, a person or governmental entity 43
must: 44
(a) Create an account on the Internet website; 45
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(b) Comply with NRS 439.942 to 439.948, inclusive, and any 1
regulations adopted pursuant thereto governing use of the Internet 2
website; and 3
(c) Designate a website client administrator who is responsible 4
for: 5
(1) Determining the persons who are authorized to use the 6
Internet website; 7
(2) Providing the Division with the names of the persons 8
who are authorized to use the Internet website; 9
(3) Ensuring that only those authorized persons have access 10
to the Internet website; and 11
(4) Notifying the Division of any change in the persons who 12
are authorized to use the Internet website. 13
3. Authorized employees of the Division and of the 14
Department of Public Safety may be designated to serve as 15
administrators of the Internet website with access to all the data and 16
information on the Internet website. 17
4. Except as otherwise provided in this section and NRS 18
239.0115, information collected, maintained, stored, backed up or 19
on file on the Internet website is confidential, not subject to 20
subpoena or discovery and is not subject to inspection by the general 21
public. 22
5. The Division shall ensure that any information collected, 23
maintained and stored on the Internet website is protected 24
adequately from fire, theft, loss, destruction, other hazards and 25
unauthorized access, and is backed-up in a manner that ensures 26
proper confidentiality and security. 27
6. The Internet website must be maintained in accordance with 28
any requirements of the Office of the Chief Information Officer 29
within the Office of the Governor established for use of the 30
equipment or services of the Office pursuant to NRS 242.181. 31
Sec. 92. NRS 439B.225 is hereby amended to read as follows: 32
439B.225 1. As used in this section, “licensing board” means 33
any division or board empowered to adopt standards for the issuance 34
or renewal of licenses, permits or certificates of registration 35
pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 36
630, 630A, 631, 632, 633, 634, 634A, 634B, 635, 636, 637, 637B, 37
639, 640, 640A, 640D, 641, 641A, 641B, 641C, 641D, 652, 653 or 38
654 of NRS [.] or the chapter consisting of sections 2 to 90, 39
inclusive, of this act. 40
2. The Committee shall review each regulation that a licensing 41
board proposes or adopts that relates to standards for the issuance or 42
renewal of licenses, permits or certificates of registration issued to a 43
person or facility regulated by the board, giving consideration to: 44
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(a) Any oral or written comment made or submitted to it by 1
members of the public or by persons or facilities affected by the 2
regulation; 3
(b) The effect of the regulation on the cost of health care in this 4
State; 5
(c) The effect of the regulation on the number of licensed, 6
permitted or registered persons and facilities available to provide 7
services in this State; and 8
(d) Any other related factor the Committee deems appropriate. 9
3. After reviewing a proposed regulation, the Committee shall 10
notify the agency of the opinion of the Committee regarding the 11
advisability of adopting or revising the proposed regulation. 12
4. The Committee shall recommend to the Legislature as a 13
result of its review of regulations pursuant to this section any 14
appropriate legislation. 15
Sec. 93. NRS 449.030 is hereby amended to read as follows: 16
449.030 Except as otherwise provided in NRS 449.03013 , 17
[and 449.03017,] no person, state or local government or agency 18
thereof may operate or maintain in this State any medical facility or 19
facility for the dependent without first obtaining a license therefor as 20
provided in NRS 449.029 to 449.2428, inclusive. 21
Sec. 94. NRS 449.0045 is hereby amended to read as follows: 22
449.0045 “Facility for the dependent” includes: 23
1. A facility for the treatment of alcohol or other substance use 24
disorders; 25
2. A facility for the care of adults during the day; 26
3. A residential facility for groups; 27
4. [An agency to provide personal care services in the home; 28
5.] A facility for transitional living for released offenders; 29
[6.] 5. A home for individual residential care; 30
[7.] 6. A community health worker pool; and 31
[8.] 7. A provider of community-based living arrangement 32
services. 33
Sec. 95. NRS 449.03013 is hereby amended to read as 34
follows: 35
449.03013 1. A person who is licensed pursuant to this 36
chapter as a facility for the dependent or medical facility , or who is 37
licensed pursuant to the chapter consisting of sections 2 to 90, 38
inclusive, of this act as an agency to provide personal care services 39
in the home, and who employs community health workers is not 40
required to obtain an additional license as a community health 41
worker pool. 42
2. As used in this section, “agency to provide personal care 43
services in the home” has the meaning ascribed to it in section 3 44
of this act. 45
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Sec. 96. NRS 449.0304 is hereby amended to read as follows: 1
449.0304 1. The Board shall adopt regulations authorizing an 2
employee of a residential facility for groups [, an agency to provide 3
personal care services in the home] or a facility for the care of adults 4
during the day, with the consent of the person receiving services, to: 5
(a) Check, record and report the temperature, blood pressure, 6
apical or radial pulse, respiration or oxygen saturation of a person 7
receiving services from the facility or agency; 8
(b) Using an auto-injection device approved by the Food and 9
Drug Administration for use in the home, administer to a person 10
receiving services from the facility or agency insulin furnished by a 11
registered pharmacist as directed by a physician or assist such a 12
person with the self-administration of such insulin; and 13
(c) Using a device for monitoring blood glucose approved by the 14
Food and Drug Administration for use in the home, conduct a blood 15
glucose test on a person receiving services from the facility or 16
agency or assist such a person to conduct a blood glucose test on 17
himself or herself. 18
2. The regulations adopted pursuant to this section: 19
(a) Must require the tasks described in subsection 1 to be 20
performed in conformance with the Clinical Laboratory 21
Improvement Amendments of 1988, Public Law No. 100-578, 42 22
U.S.C. § 263a, if applicable, and any other applicable federal law or 23
regulation; 24
(b) Must prohibit the use of a device for monitoring blood 25
glucose on more than one person; and 26
(c) May require a person to receive training before performing 27
any task described in subsection 1. 28
Sec. 97. NRS 449.065 is hereby amended to read as follows: 29
449.065 1. Except as otherwise provided in subsections 6 and 30
7 and NRS 449.067, each facility for intermediate care, facility for 31
skilled nursing, residential facility for groups, home for individual 32
residential care [, agency to provide personal care services in the 33
home] and agency to provide nursing in the home shall, when 34
applying for a license or renewing a license, file with the 35
Administrator of the Division of Public and Behavioral Health a 36
surety bond: 37
(a) If the facility, agency [, organization] or home employs less 38
than 7 employees, in the amount of $5,000; 39
(b) If the facility, agency [, organization] or home employs at 40
least 7 but not more than 25 employees, in the amount of $25,000; 41
or 42
(c) If the facility, agency [, organization] or home employs more 43
than 25 employees, in the amount of $50,000. 44
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2. A bond filed pursuant to this section must be executed by 1
the facility, agency [, organization] or home as principal and by a 2
surety company as surety. The bond must be payable to the Aging 3
and Disability Services Division of the Department of Health and 4
Human Services and must be conditioned to provide 5
indemnification to an older patient who the Attorney for the Rights 6
of Older Persons and Persons with a Physical Disability, an 7
Intellectual Disability or a Related Condition determines has 8
suffered property damage as a result of any act or failure to act by 9
the facility, agency [, organization] or home to protect the property 10
of the older patient. 11
3. Except when a surety is released, the surety bond must cover 12
the period of the initial license to operate or the period of the 13
renewal, as appropriate. 14
4. A surety on any bond filed pursuant to this section may be 15
released after the surety gives 30 days’ written notice to the 16
Administrator of the Division of Public and Behavioral Health, but 17
the release does not discharge or otherwise affect any claim filed by 18
an older patient for property damaged as a result of any act or failure 19
to act by the facility, agency [, organization] or home to protect the 20
property of the older patient alleged to have occurred while the bond 21
was in effect. 22
5. A license is suspended by operation of law when the facility, 23
agency [, organization] or home is no longer covered by a surety 24
bond as required by this section or by a substitute for the surety 25
bond pursuant to NRS 449.067. The Administrator of the Division 26
of Public and Behavioral Health shall give the facility, agency [, 27
organization] or home at least 20 days’ written notice before the 28
release of the surety or the substitute for the surety, to the effect that 29
the license will be suspended by operation of law until another 30
surety bond or substitute for the surety bond is filed in the same 31
manner and amount as the bond or substitute being terminated. 32
6. The Administrator of the Division of Public and Behavioral 33
Health may exempt a residential facility for groups or a home for 34
individual residential care from the requirement of filing a surety 35
bond pursuant to this section if the Administrator determines that 36
the requirement would result in undue hardship to the residential 37
facility for groups or home for individual residential care. 38
7. The requirement of filing a surety bond set forth in this 39
section does not apply to a facility for intermediate care, facility for 40
skilled nursing, residential facility for groups, home for individual 41
residential care [, agency to provide personal care services in the 42
home] or agency to provide nursing in the home that is operated and 43
maintained by the State of Nevada or an agency thereof. 44
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8. As used in this section, “older patient” means a patient who 1
is 60 years of age or older. 2
Sec. 98. NRS 449.067 is hereby amended to read as follows: 3
449.067 1. As a substitute for the surety bond required 4
pursuant to NRS 449.065, a facility for intermediate care, a facility 5
for skilled nursing, a residential facility for groups, a home for 6
individual residential care [, an agency to provide personal care 7
services in the home] and an agency to provide nursing in the home 8
may deposit with any bank or trust company authorized to do 9
business in this State, upon approval from the Administrator of the 10
Division of Public and Behavioral Health: 11
(a) An obligation of a bank, savings and loan association, 12
savings bank, thrift company or credit union licensed to do business 13
in this State; 14
(b) Bills, bonds, notes, debentures or other obligations of the 15
United States or any agency or instrumentality thereof, or 16
guaranteed by the United States; or 17
(c) Any obligation of this State or any city, county, town, 18
township, school district or other instrumentality of this State, or 19
guaranteed by this State, in an aggregate amount, based upon 20
principal amount or market value, whichever is lower. 21
2. The obligations of a bank, savings and loan association, 22
savings bank, thrift company or credit union must be held to secure 23
the same obligation as would the surety bond required by NRS 24
449.065. With the approval of the Administrator of the Division of 25
Public and Behavioral Health, the depositor may substitute other 26
suitable obligations for those deposited, which must be assigned to 27
the Aging and Disability Services Division of the Department of 28
Health and Human Services and are negotiable only upon approval 29
by the Administrator of the Aging and Disability Services Division. 30
3. Any interest or dividends earned on the deposit accrue to the 31
account of the depositor. 32
4. The deposit must be an amount at least equal to the surety 33
bond required by NRS 449.065 and must state that the amount may 34
not be withdrawn except by direct and sole order of the 35
Administrator of the Aging and Disability Services Division. 36
Sec. 99. NRS 449.089 is hereby amended to read as follows: 37
449.089 1. Each license issued pursuant to NRS 449.029 to 38
449.2428, inclusive, expires on December 31 following its issuance 39
and is renewable for 1 year upon reapplication and payment of all 40
fees required pursuant to subsection 4 and NRS 449.050, as 41
applicable, unless the Division finds, after an investigation, that the 42
facility has not: 43
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(a) Satisfactorily complied with the provisions of NRS 449.029 1
to 449.2428, inclusive, or the standards and regulations adopted by 2
the Board; 3
(b) Obtained the approval of the Director of the Department of 4
Health and Human Services before undertaking a project, if such 5
approval is required by NRS 439A.100 or 439A.102; or 6
(c) Conformed to all applicable local zoning regulations. 7
2. Each reapplication for [an agency to provide personal care 8
services in the home,] an agency to provide nursing in the home, a 9
community health worker pool, a facility for intermediate care, a 10
facility for skilled nursing, a provider of community-based living 11
arrangement services, a hospital described in 42 U.S.C. § 12
1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient 13
services to children, a psychiatric residential treatment facility, a 14
residential facility for groups, a program of hospice care, a home for 15
individual residential care, a facility for the care of adults during the 16
day, a facility for hospice care, a nursing pool, the distinct part of a 17
hospital which meets the requirements of a skilled nursing facility or 18
nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that 19
provides swing-bed services as described in 42 C.F.R. § 482.58 or, 20
if residential services are provided to children, a medical facility or 21
facility for the treatment of alcohol or other substance use disorders 22
must include, without limitation, a statement that the facility, 23
hospital, agency, program, pool or home is in compliance with the 24
provisions of NRS 449.115 to 449.125, inclusive, and 449.174. 25
3. Each reapplication for [an agency to provide personal care 26
services in the home,] a community health worker pool, a facility for 27
intermediate care, a facility for skilled nursing, a facility for the care 28
of adults during the day, a residential facility for groups or a home 29
for individual residential care must include, without limitation, a 30
statement that the holder of the license to operate, and 31
the administrator or other person in charge and employees of, the 32
facility, [agency,] pool or home are in compliance with the 33
provisions of NRS 449.093. 34
4. Each reapplication for a surgical center for ambulatory 35
patients, facility for the treatment of irreversible renal disease, 36
facility for hospice care, program of hospice care, hospital, facility 37
for intermediate care, facility for skilled nursing [, agency to provide 38
personal care services in the home] or rural clinic must be 39
accompanied by the fee prescribed by the State Board of Health 40
pursuant to NRS 457.240, in addition to the fees imposed pursuant 41
to NRS 449.050. 42
Sec. 100. NRS 449.093 is hereby amended to read as follows: 43
449.093 1. An applicant for a license to operate a facility for 44
intermediate care, facility for skilled nursing, [agency to provide 45
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personal care services in the home,] facility for the care of adults 1
during the day, residential facility for groups or home for individual 2
residential care must receive training to recognize and prevent the 3
abuse of older persons before a license to operate such a facility [, 4
agency] or home is issued to the applicant. If an applicant has 5
completed such training within the year preceding the date of the 6
application for a license and the application includes evidence of 7
the training, the applicant shall be deemed to have complied with 8
the requirements of this subsection. 9
2. A licensee who holds a license to operate a facility for 10
intermediate care, facility for skilled nursing, [agency to provide 11
personal care services in the home,] facility for the care of adults 12
during the day, residential facility for groups or home for individual 13
residential care must annually receive training to recognize and 14
prevent the abuse of older persons before the license to operate such 15
a facility [, agency] or home may be renewed. 16
3. If an applicant or licensee who is required by this section to 17
obtain training is not a natural person, the person in charge of the 18
facility [, agency] or home must receive the training required by this 19
section. 20
4. An administrator or other person in charge of a facility for 21
intermediate care, facility for skilled nursing, [agency to provide 22
personal care services in the home,] facility for the care of adults 23
during the day, residential facility for groups or home for individual 24
residential care must receive training to recognize and prevent the 25
abuse of older persons before the facility [, agency] or home 26
provides care to a person and annually thereafter. 27
5. An employee who will provide care to a person in a facility 28
for intermediate care, facility for skilled nursing, [agency to provide 29
personal care services in the home,] facility for the care of adults 30
during the day, residential facility for groups or home for individual 31
residential care must receive training to recognize and prevent the 32
abuse of older persons before the employee provides care to a 33
person in the facility [, agency] or home and annually thereafter. 34
6. The topics of instruction that must be included in the 35
training required by this section must include, without limitation: 36
(a) Recognizing the abuse of older persons, including sexual 37
abuse and violations of NRS 200.5091 to 200.50995, inclusive; 38
(b) Responding to reports of the alleged abuse of older persons, 39
including sexual abuse and violations of NRS 200.5091 to 40
200.50995, inclusive; and 41
(c) Instruction concerning the federal, state and local laws, and 42
any changes to those laws, relating to: 43
(1) The abuse of older persons; and 44
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(2) Facilities for intermediate care, facilities for skilled 1
nursing, [agencies to provide personal care services in the home,] 2
facilities for the care of adults during the day, residential facilities 3
for groups or homes for individual residential care, as applicable for 4
the person receiving the training. 5
7. The facility for intermediate care, facility for skilled nursing, 6
[agency to provide personal care services in the home,] facility for 7
the care of adults during the day, residential facility for groups or 8
home for individual residential care is responsible for the costs 9
related to the training required by this section. 10
8. The administrator of a facility for intermediate care, facility 11
for skilled nursing or residential facility for groups who is licensed 12
pursuant to chapter 654 of NRS shall ensure that each employee of 13
the facility who provides care to residents has obtained the training 14
required by this section. If an administrator or employee of a facility 15
or home does not obtain the training required by this section, the 16
Division shall notify the Board of Examiners for Long-Term Care 17
Administrators that the administrator is in violation of this section. 18
9. The holder of a license to operate a facility for intermediate 19
care, facility for skilled nursing, [agency to provide personal care 20
services in the home,] facility for the care of adults during the day, 21
residential facility for groups or home for individual residential care 22
shall ensure that each person who is required to comply with the 23
requirements for training pursuant to this section complies with such 24
requirements. The Division may, for any violation of this section, 25
take disciplinary action against a facility [, agency] or home 26
pursuant to NRS 449.160 and 449.163. 27
Sec. 101. NRS 449.119 is hereby amended to read as follows: 28
449.119 “Facility, hospital, agency, program or home” means 29
[an agency to provide personal care services in the home, an 30
employment agency that contracts with persons to provide 31
nonmedical services related to personal care to elderly persons or 32
persons with disabilities in the home,] an agency to provide nursing 33
in the home, a community health worker pool, a facility for 34
intermediate care, a facility for skilled nursing, a provider of 35
community-based living arrangement services, a hospital described 36
in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that 37
provides inpatient services to children, a psychiatric residential 38
treatment facility, a residential facility for groups, a program of 39
hospice care, a home for individual residential care, a facility for the 40
care of adults during the day, a facility for hospice care, a nursing 41
pool, the distinct part of a hospital which meets the requirements of 42
a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 43
483.5, a hospital that provides swing-bed services as described in 42 44
C.F.R. § 482.58 or, if residential services are provided to children, a 45
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medical facility or facility for the treatment of alcohol or other 1
substance use disorders. 2
Sec. 102. NRS 449.174 is hereby amended to read as follows: 3
449.174 1. In addition to the grounds listed in NRS 449.160, 4
the Division may deny a license to operate a facility, hospital, 5
agency, program or home to an applicant or may suspend or revoke 6
the license of a licensee to operate such a facility, hospital, agency, 7
program or home if: 8
(a) The applicant or licensee has been convicted of: 9
(1) Murder, voluntary manslaughter or mayhem; 10
(2) Assault or battery with intent to kill or to commit sexual 11
assault or mayhem; 12
(3) Sexual assault, statutory sexual seduction, incest, 13
lewdness or indecent exposure, or any other sexually related crime 14
that is punished as a felony; 15
(4) Prostitution, solicitation, lewdness or indecent exposure, 16
or any other sexually related crime that is punished as a 17
misdemeanor, within the immediately preceding 7 years; 18
(5) A crime involving domestic violence that is punished as a 19
felony; 20
(6) A crime involving domestic violence that is punished as a 21
misdemeanor, within the immediately preceding 7 years; 22
(7) Abuse or neglect of a child or contributory delinquency; 23
(8) A violation of any federal or state law regulating the 24
possession, distribution or use of any controlled substance or any 25
dangerous drug as defined in chapter 454 of NRS, within the 26
immediately preceding 7 years; 27
(9) Abuse, neglect, exploitation, isolation or abandonment of 28
older persons or vulnerable persons, including, without limitation, a 29
violation of any provision of NRS 200.5091 to 200.50995, 30
inclusive, or a law of any other jurisdiction that prohibits the same 31
or similar conduct; 32
(10) A violation of any provision of law relating to the State 33
Plan for Medicaid or a law of any other jurisdiction that prohibits 34
the same or similar conduct, within the immediately preceding 7 35
years; 36
(11) A violation of any provision of NRS 422.450 to 37
422.590, inclusive; 38
(12) A criminal offense under the laws governing Medicaid 39
or Medicare, within the immediately preceding 7 years; 40
(13) Any offense involving fraud, theft, embezzlement, 41
burglary, robbery, fraudulent conversion or misappropriation of 42
property, within the immediately preceding 7 years; 43
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(14) Any other felony involving the use or threatened use of 1
force or violence against the victim or the use of a firearm or other 2
deadly weapon; or 3
(15) An attempt or conspiracy to commit any of the offenses 4
listed in this paragraph, within the immediately preceding 7 years; 5
(b) The licensee has, in violation of NRS 449.125, continued to 6
employ a person who has been convicted of a crime listed in 7
paragraph (a); or 8
(c) The applicant or licensee has had a substantiated report of 9
child abuse or neglect made against him or her and if the facility, 10
hospital, agency, program or home provides residential services to 11
children, is a psychiatric hospital that provides inpatient services to 12
children or is a psychiatric residential treatment facility. 13
2. In addition to the grounds listed in NRS 449.160, the 14
Division may suspend or revoke the license of a licensee to operate 15
an agency to provide personal care services in the home [, an agency 16
to provide nursing in the home] or a community health worker pool 17
if the licensee has, in violation of NRS 449.125, continued to 18
employ a person who has been convicted of a crime listed in 19
paragraph (a) of subsection 1. 20
3. As used in this section: 21
(a) “Domestic violence” means an act described in NRS 33.018. 22
(b) “Facility, hospital, agency, program or home” has the 23
meaning ascribed to it in NRS 449.119. 24
(c) “Medicaid” has the meaning ascribed to it in NRS 439B.120. 25
(d) “Medicare” has the meaning ascribed to it in NRS 439B.130. 26
Sec. 103. NRS 449.1824 is hereby amended to read as 27
follows: 28
449.1824 1. If a patient will be released from a hospital to his 29
or her residence or a rehabilitation center and a dietitian is assigned 30
to a team of persons formed by the hospital to care for the patient 31
while the patient rehabilitates, the hospital shall ensure that the 32
patient or the person with primary responsibility for the care of the 33
patient meets or knows how to contact the dietitian. 34
2. If a patient is released by a hospital to his or her residence to 35
receive care from an [agency to provide personal care services in the 36
home or any other] entity licensed pursuant to this chapter that 37
provides care to the patient in his or her residence, the [agency to 38
provide personal care services in the home or other] entity shall 39
consult with a dietitian, as appropriate, to ensure that the patient or 40
the person with primary responsibility for the care of the patient 41
understands the dietary needs of the patient. 42
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Sec. 104. NRS 449.194 is hereby amended to read as follows: 1
449.194 Any person who is employed by [an agency to provide 2
personal care services in the home or] a community health worker 3
pool who: 4
1. Has successfully completed a course in cardiopulmonary 5
resuscitation according to the guidelines of the American National 6
Red Cross or American Heart Association; 7
2. Has successfully completed the training requirements of a 8
course in basic emergency care of a person in cardiac arrest 9
conducted in accordance with the standards of the American Heart 10
Association; or 11
3. Has successfully completed the training requirements of a 12
course in the use and administration of first aid, including 13
cardiopulmonary resuscitation, 14
and who in good faith renders emergency care or assistance in 15
accordance with the person’s training, in the course of his or her 16
regular employment or profession, to an elderly person or a person 17
with a disability, is not liable for any civil damages as a result of any 18
act or omission, not amounting to gross negligence, by that person 19
in rendering that care. 20
Sec. 105. NRS 449A.031 is hereby amended to read as 21
follows: 22
449A.031 “Facility for the dependent” has the meaning 23
ascribed to it in NRS 449.0045 and additionally includes an agency 24
to provide personal care services in the home, as defined in section 25
3 of this act. 26
Sec. 106. NRS 457.240 is hereby amended to read as follows: 27
457.240 1. The State Board of Health shall by regulation: 28
(a) Prescribe the form and manner in which the information on 29
cases of cancer and other neoplasms must be reported; 30
(b) Specify the neoplasms which must be reported; 31
(c) Prescribe other information to be included in each such 32
report, for example, the patient’s name and address, the pathological 33
findings, the stage of the disease, the environmental and 34
occupational factors, the methods of treatment, the incidence of 35
cancer or other neoplasms in the patient’s family, and the places 36
where the patient has resided; 37
(d) Establish a protocol for obtaining access to and preserving 38
the confidentiality of the patients’ records needed for research into 39
cancer and other neoplasms; and 40
(e) Prescribe a fee to be imposed on an applicant for: 41
(1) The issuance or renewal of a certificate of authorization 42
for a radiation machine for mammography pursuant to 43
NRS 457.184; 44
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(2) The issuance or renewal of registration of a radiation 1
machine pursuant to the regulations adopted by the State Board of 2
Health pursuant to NRS 459.201; 3
(3) The renewal of a license to operate a surgical center for 4
ambulatory patients, facility for the treatment of irreversible renal 5
disease, facility for hospice care, program of hospice care, hospital, 6
facility for intermediate care, facility for skilled nursing [, agency to 7
provide personal care services in the home] or rural clinic pursuant 8
to NRS 449.089; [or] 9
(4) The renewal of a license to operate an agency to provide 10
personal care services in the home pursuant to section 28 of this 11
act; or 12
(5) The renewal of a license to operate a medical laboratory, 13
other than a laboratory in which the only test performed is a test for 14
the detection of the human immunodeficiency virus that is classified 15
as a waived test pursuant to Subpart A of Part 493 of Title 42 of the 16
Code of Federal Regulations, pursuant to NRS 652.080. 17
2. The amount of any fee prescribed pursuant to paragraph (e) 18
of subsection 1 must not exceed 8 percent of the fee for the issuance 19
or renewal of the applicable license, certificate or registration. For 20
the purposes of this subsection, the fee for the renewal of a license 21
to operate a facility described in subparagraph (3) of paragraph (e) 22
of subsection 1 does not include any fee that is imposed per bed in 23
the facility. 24
3. The fees collected pursuant to paragraph (e) of subsection 1 25
must be accounted for separately and used by the Division to 26
support the system for the reporting of information on cancer and 27
other neoplasms established pursuant to NRS 457.230. 28
Sec. 107. NRS 21.130 is hereby amended to read as follows: 29
21.130 1. Before the sale of property on execution, notice of 30
the sale, in addition to the notice required pursuant to NRS 21.075 31
and 21.076, must be given as follows: 32
(a) In cases of perishable property, by posting written notice of 33
the time and place of sale in three public places at the township or 34
city where the sale is to take place, for such a time as may be 35
reasonable, considering the character and condition of the property. 36
(b) In case of other personal property, by posting a similar 37
notice in three public places of the township or city where the sale is 38
to take place, not less than 5 or more than 10 days before the sale, 39
and, in case of sale on execution issuing out of a district court, by 40
the publication of a copy of the notice in a newspaper, if there is one 41
in the county, at least twice, the first publication being not less than 42
10 days before the date of the sale. 43
(c) In case of real property, by: 44
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(1) Personal service upon each judgment debtor or by 1
registered mail to the last known address of each judgment debtor 2
and, if the property of the judgment debtor is operated as a facility 3
licensed under chapter 449 of NRS [,] or an entity licensed or 4
certified under the chapter consisting of sections 2 to 90, inclusive, 5
of this act, upon the State Board of Health; 6
(2) Posting a similar notice particularly describing the 7
property, for 20 days successively, in three public places of 8
the township or city where the property is situated and where the 9
property is to be sold; 10
(3) Publishing a copy of the notice three times, once each 11
week, for 3 successive weeks, in a newspaper, if there is one in the 12
county. The cost of publication must not exceed the rate for legal 13
advertising as provided in NRS 238.070. If the newspaper 14
authorized by this section to publish the notice of sale neglects or 15
refuses from any cause to make the publication, then the posting of 16
notices as provided in this section shall be deemed sufficient notice. 17
Notice of the sale of property on execution upon a judgment for any 18
sum less than $500, exclusive of costs, must be given only by 19
posting in three public places in the county, one of which must be 20
the courthouse; 21
(4) Recording a copy of the notice in the office of the county 22
recorder; 23
(5) If the sale of property is a residential foreclosure, posting 24
a copy of the notice in a conspicuous place on the property. In 25
addition to the requirements of NRS 21.140, the notice must not be 26
defaced or removed until the transfer of title is recorded or the 27
property becomes occupied after completion of the sale, whichever 28
is earlier; and 29
(6) In the case of a foreclosure sale, depositing in the United 30
States mail an envelope, registered or certified, return receipt 31
requested and with postage prepaid, containing a copy of the notice, 32
addressed to: 33
(I) Each person who, in accordance with subsection 1 of 34
NRS 107.090, has recorded a request for a copy of a notice of 35
default or notice of sale with respect to the mortgage or other lien 36
being foreclosed; 37
(II) Each other person with an interest in the real property 38
whose interest or claimed interest is subordinate to the mortgage or 39
other lien being foreclosed; and 40
(III) An association that, pursuant to subsection 4 of NRS 41
107.090, has recorded a request for a copy of the deed upon a 42
foreclosure sale. 43
2. If the sale of property is a residential foreclosure, the notice 44
must include, without limitation: 45
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(a) The physical address of the property; and 1
(b) The contact information of the party who is authorized to 2
provide information relating to the foreclosure status of the 3
property. 4
3. If the sale of property is a residential foreclosure, a separate 5
notice must be posted in a conspicuous place on the property and 6
mailed, with a certificate of mailing issued by the United States 7
Postal Service or another mail delivery service, to any tenant or 8
subtenant, if any, other than the judgment debtor, in actual 9
occupation of the premises not later than 3 business days after the 10
notice of the sale is given pursuant to subsection 1. The separate 11
notice must be in substantially the following form: 12
13
NOTICE TO TENANTS OF THE PROPERTY 14
15
Foreclosure proceedings against this property have started, 16
and a notice of sale of the property to the highest bidder has 17
been issued. 18
19
You may either: (1) terminate your lease or rental agreement 20
and move out; or (2) remain and possibly be subject to 21
eviction proceedings under chapter 40 of the Nevada Revised 22
Statutes. Any subtenants may also be subject to eviction 23
proceedings. 24
25
Between now and the date of the sale, you may be evicted if 26
you fail to pay rent or live up to your other obligations to the 27
landlord. 28
29
After the date of the sale, you may be evicted if you fail to 30
pay rent or live up to your other obligations to the successful 31
bidder, in accordance with chapter 118A of the Nevada 32
Revised Statutes. 33
34
Under the Nevada Revised Statutes, eviction proceedings 35
may begin against you after you have been given a notice to 36
surrender. 37
38
If the property is sold and you pay rent by the week or 39
another period of time that is shorter than 1 month, you 40
should generally receive notice after not less than the number 41
of days in that period of time. 42
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If the property is sold and you pay rent by the month or any 1
other period of time that is 1 month or longer, you should 2
generally receive notice at least 60 days in advance. 3
4
Under Nevada Revised Statutes 40.280, notice must generally 5
be served on you pursuant to chapter 40 of the Nevada 6
Revised Statutes. 7
8
If the property is sold and a landlord, successful bidder or 9
subsequent purchaser files an eviction action against you in 10
court, you will be served with a summons and complaint and 11
have the opportunity to respond. Eviction actions may result 12
in temporary evictions, permanent evictions, the awarding of 13
damages pursuant to Nevada Revised Statutes 40.360 or some 14
combination of those results. 15
16
Under the Justice Court Rules of Civil Procedure: 17
(1) You will be given at least 10 days to answer a 18
summons and complaint; 19
(2) If you do not file an answer, an order evicting you by 20
default may be obtained against you; 21
(3) A hearing regarding a temporary eviction may be 22
called as soon as 11 days after you are served with the 23
summons and complaint; and 24
(4) A hearing regarding a permanent eviction may be 25
called as soon as 20 days after you are served with the 26
summons and complaint. 27
28
4. The sheriff shall not conduct a sale of the property on 29
execution or deliver the judgment debtor’s property to the judgment 30
creditor if the judgment debtor or any other person entitled to notice 31
has not been properly notified as required in this section and NRS 32
21.075 and 21.076. 33
5. As used in this section: 34
(a) “Foreclosure sale” means the sale of real property pursuant 35
to NRS 40.430. 36
(b) “Residential foreclosure” means the sale of a single family 37
residence pursuant to NRS 40.430. As used in this subsection, 38
“single family residence” means a structure that is comprised of not 39
more than four units. 40
Sec. 108. NRS 107.080 is hereby amended to read as follows: 41
107.080 1. Except as otherwise provided in NRS 106.210, 42
107.0805, 107.085 and 107.086, if any transfer in trust of any estate 43
in real property is made after March 29, 1927, to secure the 44
performance of an obligation or the payment of any debt, a power of 45
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sale is hereby conferred upon the trustee to be exercised after a 1
breach of the obligation for which the transfer is security. 2
2. The power of sale must not be exercised, however, until: 3
(a) In the case of any deed of trust coming into force: 4
(1) On or after July 1, 1949, and before July 1, 1957, the 5
grantor, the person who holds the title of record, a beneficiary under 6
a subordinate deed of trust or any other person who has a 7
subordinate lien or encumbrance of record on the property has, for a 8
period of 15 days, computed as prescribed in subsection 3, failed to 9
make good the deficiency in performance or payment; or 10
(2) On or after July 1, 1957, the grantor, the person who 11
holds the title of record, a beneficiary under a subordinate deed of 12
trust or any other person who has a subordinate lien or encumbrance 13
of record on the property has, for a period of 35 days, computed as 14
prescribed in subsection 3, failed to make good the deficiency in 15
performance or payment. 16
(b) The beneficiary, the successor in interest of the beneficiary 17
or the trustee first executes and causes to be recorded in the office of 18
the recorder of each county wherein the trust property, or any part 19
thereof, is situated a notice of the breach and of the election to sell 20
or cause to be sold the property to satisfy the obligation. 21
(c) The beneficiary or its successor in interest or the servicer of 22
the obligation or debt secured by the deed of trust has instructed the 23
trustee to exercise the power of sale with respect to the property. 24
(d) Not less than 3 months have elapsed after the recording of 25
the notice. 26
3. The 15- or 35-day period provided in paragraph (a) of 27
subsection 2 commences on the first day following the day upon 28
which the notice of default and election to sell is recorded in the 29
office of the county recorder of each county in which the property is 30
located and a copy of the notice of default and election to sell is 31
mailed by registered or certified mail, return receipt requested and 32
with postage prepaid to the grantor or, to the person who holds the 33
title of record on the date the notice of default and election to sell is 34
recorded, and, if the property is operated as a facility licensed under 35
chapter 449 of NRS [,] or an entity licensed or certified under the 36
chapter consisting of sections 2 to 90, inclusive, of this act, to the 37
State Board of Health, at their respective addresses, if known, 38
otherwise to the address of the trust property or, if authorized by the 39
parties, delivered by electronic transmission. The notice of default 40
and election to sell must describe the deficiency in performance or 41
payment and may contain a notice of intent to declare the entire 42
unpaid balance due if acceleration is permitted by the obligation 43
secured by the deed of trust, but acceleration must not occur if the 44
deficiency in performance or payment is made good and any costs, 45
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fees and expenses incident to the preparation or recordation of the 1
notice and incident to the making good of the deficiency in 2
performance or payment are paid within the time specified in 3
subsection 2. 4
4. The trustee, or other person authorized to make the sale 5
under the terms of the deed of trust, shall, after expiration of the 6
applicable period specified in paragraph (d) of subsection 2 7
following the recording of the notice of breach and election to sell, 8
and before the making of the sale, give notice of the time and place 9
thereof by recording the notice of sale and by: 10
(a) Providing the notice to each trustor, any other person entitled 11
to notice pursuant to this section and, if the property is operated as a 12
facility licensed under chapter 449 of NRS [,] or an entity licensed 13
or certified under the chapter consisting of sections 2 to 90, 14
inclusive, of this act, the State Board of Health, by personal service, 15
by electronic transmission if authorized by the parties or by mailing 16
the notice by registered or certified mail to the last known address of 17
the trustor and any other person entitled to such notice pursuant to 18
this section; 19
(b) Posting a similar notice particularly describing the property, 20
for 20 days successively, in a public place in each county where the 21
property is situated; and 22
(c) Publishing a copy of the notice three times, once each week 23
for 3 consecutive weeks, in a newspaper of general circulation in 24
each county where the property is situated or, if the property is a 25
time share, by posting a copy of the notice on an Internet website 26
and publishing a statement in a newspaper in the manner required by 27
subsection 3 of NRS 119A.560. 28
5. Every sale made under the provisions of this section and 29
other sections of this chapter vests in the purchaser the title of the 30
grantor and any successors in interest without equity or right of 31
redemption. Except as otherwise provided in subsection 7, a sale 32
made pursuant to this section must be declared void by any court of 33
competent jurisdiction in the county where the sale took place if: 34
(a) The trustee or other person authorized to make the sale does 35
not substantially comply with the provisions of this section; 36
(b) Except as otherwise provided in subsection 6, an action is 37
commenced in the county where the sale took place within 30 days 38
after the date on which the trustee’s deed upon sale is recorded 39
pursuant to subsection 10 in the office of the county recorder of 40
each county in which the property is located; and 41
(c) A notice of lis pendens providing notice of the pendency of 42
the action is recorded in the office of the county recorder of each 43
county where the sale took place within 5 days after commencement 44
of the action. 45
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6. If proper notice is not provided pursuant to subsection 3 or 1
paragraph (a) of subsection 4 to the grantor, to the person who holds 2
the title of record on the date the notice of default and election to 3
sell is recorded, to each trustor or to any other person entitled to 4
such notice, the person who did not receive such proper notice may 5
commence an action pursuant to subsection 5 within 90 days after 6
the date of the sale. 7
7. Upon expiration of the time for commencing an action 8
which is set forth in subsections 5 and 6, any failure to comply with 9
the provisions of this section or any other provision of this chapter 10
does not affect the rights of a bona fide purchaser as described in 11
NRS 111.180. 12
8. If, in an action brought by the grantor or the person who 13
holds title of record in the district court in and for any county in 14
which the real property is located, the court finds that the 15
beneficiary, the successor in interest of the beneficiary or the trustee 16
did not comply with any requirement of subsection 2, 3 or 4, the 17
court must award to the grantor or the person who holds title of 18
record: 19
(a) Damages of $5,000 or treble the amount of actual damages, 20
whichever is greater; 21
(b) An injunction enjoining the exercise of the power of sale 22
until the beneficiary, the successor in interest of the beneficiary or 23
the trustee complies with the requirements of subsections 2, 3 and 4; 24
and 25
(c) Reasonable attorney’s fees and costs, 26
unless the court finds good cause for a different award. The 27
remedy provided in this subsection is in addition to the remedy 28
provided in subsection 5. 29
9. The sale or assignment of a proprietary lease in a 30
cooperative vests in the purchaser or assignee title to the ownership 31
interest and votes in the cooperative association which accompany 32
the proprietary lease. 33
10. After a sale of property is conducted pursuant to this 34
section, the trustee shall: 35
(a) Within 30 days after the date of the sale, record the trustee’s 36
deed upon sale in the office of the county recorder of each county in 37
which the property is located; or 38
(b) Within 20 days after the date of the sale, deliver the trustee’s 39
deed upon sale to the successful bidder. Within 10 days after the 40
date of delivery of the deed by the trustee, the successful bidder 41
shall record the trustee’s deed upon sale in the office of the county 42
recorder of each county in which the property is located. 43
11. Within 5 days after recording the trustee’s deed upon sale, 44
the trustee or successful bidder, whoever recorded the trustee’s deed 45
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upon sale pursuant to subsection 10, shall cause a copy of the 1
trustee’s deed upon sale to be posted conspicuously on the property. 2
The failure of a trustee or successful bidder to effect the posting 3
required by this subsection does not affect the validity of a sale of 4
the property to a bona fide purchaser for value without knowledge 5
of the failure. 6
12. If the successful bidder fails to record the trustee’s deed 7
upon sale pursuant to paragraph (b) of subsection 10, the successful 8
bidder: 9
(a) Is liable in a civil action to any party that is a senior 10
lienholder against the property that is the subject of the sale in a sum 11
of up to $500 and for reasonable attorney’s fees and the costs of 12
bringing the action; and 13
(b) Is liable in a civil action for any actual damages caused by 14
the failure to comply with the provisions of subsection 10 and for 15
reasonable attorney’s fees and the costs of bringing the action. 16
13. The county recorder shall, in addition to any other fee, at 17
the time of recording a notice of default and election to sell collect: 18
(a) A fee of $150 for deposit in the State General Fund. 19
(b) A fee of $95 for deposit in the Account for Foreclosure 20
Mediation Assistance, which is hereby created in the State General 21
Fund. The Account must be administered by the Interim Finance 22
Committee and the money in the Account may be expended only for 23
the purpose of: 24
(1) Supporting a program of foreclosure mediation; and 25
(2) The development and maintenance of an Internet portal 26
for a program of foreclosure mediation pursuant to subsection 16 of 27
NRS 107.086. 28
(c) A fee of $5 to be paid over to the county treasurer on or 29
before the fifth day of each month for the preceding calendar month. 30
The county recorder may direct that 1.5 percent of the fees collected 31
by the county recorder pursuant to this paragraph be transferred into 32
a special account for use by the office of the county recorder. The 33
county treasurer shall remit quarterly to the organization operating 34
the program for legal services that receives the fees charged 35
pursuant to NRS 19.031 for the operation of programs for the 36
indigent all the money received from the county recorder pursuant 37
to this paragraph. 38
14. The fees collected pursuant to paragraphs (a) and (b) of 39
subsection 13 must be paid over to the county treasurer by the 40
county recorder on or before the fifth day of each month for the 41
preceding calendar month, and, except as otherwise provided in this 42
subsection, must be placed to the credit of the State General Fund or 43
the Account for Foreclosure Mediation Assistance as prescribed 44
pursuant to subsection 13. The county recorder may direct that 45
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1.5 percent of the fees collected by the county recorder be 1
transferred into a special account for use by the office of the county 2
recorder. The county treasurer shall, on or before the 15th day of 3
each month, remit the fees deposited by the county recorder 4
pursuant to this subsection to the State Controller for credit to the 5
State General Fund or the Account as prescribed in subsection 13. 6
15. The beneficiary, the successor in interest of the beneficiary 7
or the trustee who causes to be recorded the notice of default and 8
election to sell shall not charge the grantor or the successor in 9
interest of the grantor any portion of any fee required to be paid 10
pursuant to subsection 13. 11
Sec. 109. NRS 118A.335 is hereby amended to read as 12
follows: 13
118A.335 1. Except as otherwise provided in subsection 6, a 14
landlord of dwelling units intended and operated exclusively for 15
persons 55 years of age and older may not employ any person who 16
will work 36 hours or more per week and who will have access to 17
all dwelling units to perform work on the premises unless the person 18
has obtained a work card issued pursuant to subsection 2 by the 19
sheriff of the county in which the dwelling units are located and 20
renewed that work card as necessary. 21
2. The sheriff of a county shall issue a work card to each 22
person who is required by this section to obtain a work card and 23
who complies with the requirements established by the sheriff for 24
the issuance of such a card. A work card issued pursuant to this 25
section must be renewed: 26
(a) Every 5 years; and 27
(b) Whenever the person changes his or her employment to 28
perform work for an employer other than the employer for which the 29
person’s current work card was issued. 30
3. Except as otherwise provided in subsection 4, if the sheriff 31
of a county requires an applicant for a work card to be investigated: 32
(a) The applicant must submit with his or her application a 33
complete set of his or her fingerprints and written permission 34
authorizing the sheriff to forward the fingerprints to the Central 35
Repository for Nevada Records of Criminal History for submission 36
to the Federal Bureau of Investigation for its report. 37
(b) The sheriff shall submit the fingerprints to the Central 38
Repository for Nevada Records of Criminal History for submission 39
to the Federal Bureau of Investigation to determine the criminal 40
history of the applicant. 41
(c) The sheriff may issue a temporary work card pending the 42
determination of the criminal history of the applicant by the Federal 43
Bureau of Investigation. 44
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4. The sheriff of a county shall not require an investigation of 1
the criminal history of an employee or independent contractor of an 2
agency , [or] facility or organization governed by NRS 449.122 to 3
449.125, inclusive, and 449.174 , sections 36 to 40, inclusive, and 4
section 49 of this act, or sections 80 to 85, inclusive, of this act, as 5
applicable, who has had his or her fingerprints submitted to the 6
Central Repository for Nevada Records of Criminal History 7
pursuant to NRS 449.123 or section 37 or 81 of this act, as 8
applicable, for an investigation of his or her criminal history within 9
the immediately preceding 6 months. 10
5. The sheriff shall not issue a work card to any person who: 11
(a) Has been convicted of a category A, B or C felony or of a 12
crime in another state which would be a category A, B or C felony if 13
committed in this State; 14
(b) Has been convicted of a sexual offense; 15
(c) Has been convicted of a crime against any person who is 60 16
years of age or older or against a vulnerable person for which an 17
additional term of imprisonment may be imposed pursuant to NRS 18
193.167 or the laws of any other jurisdiction; 19
(d) Has been convicted of a battery punishable as a gross 20
misdemeanor; or 21
(e) Within the immediately preceding 5 years: 22
(1) Has been convicted of a theft; or 23
(2) Has been convicted of a violation of any state or federal 24
law regulating the possession, distribution or use of a controlled 25
substance. 26
6. The following persons are not required to obtain a work card 27
pursuant to this section: 28
(a) A person who holds a permit to engage in property 29
management pursuant to chapter 645 of NRS. 30
(b) An independent contractor. As used in this paragraph, 31
“independent contractor” means a person who performs services for 32
a fixed price according to the person’s own methods and without 33
subjection to the supervision or control of the landlord, except as to 34
the results of the work, and not as to the means by which the 35
services are accomplished. 36
(c) An offender in the course and scope of his or her 37
employment in a work program directed by the warden, sheriff, 38
administrator or other person responsible for administering a prison, 39
jail or other detention facility. 40
(d) A person performing work through a court-assigned 41
restitution or community-service program. 42
7. If the sheriff does not issue a work card to a person because 43
the information received from the Central Repository for Nevada 44
Records of Criminal History indicates that the person has been 45
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convicted of a crime listed in subsection 5 and the person believes 1
that the information provided by the Central Repository is incorrect, 2
the person may immediately inform the sheriff. If the sheriff is so 3
informed, the sheriff shall give the person at least 30 days in which 4
to correct the information before terminating the temporary work 5
card issued pursuant to subsection 3. 6
8. As used in this section, unless the context otherwise 7
requires: 8
(a) “Sexual offense” has the meaning ascribed to it in 9
NRS 179D.097. 10
(b) “Vulnerable person” has the meaning ascribed to it in 11
NRS 200.5092. 12
Sec. 110. NRS 162A.740 is hereby amended to read as 13
follows: 14
162A.740 “Health care facility” includes: 15
1. Any medical facility as defined in NRS 449.0151; [and] 16
2. Any facility for the dependent as defined in NRS 449.0045 17
[.] ; and 18
3. Any agency to provide personal care services in the home 19
as defined in section 3 of this act. 20
Sec. 111. NRS 179A.075 is hereby amended to read as 21
follows: 22
179A.075 1. The Central Repository for Nevada Records of 23
Criminal History is hereby created within the Records, 24
Communications and Compliance Division of the Department. 25
2. Each agency of criminal justice and any other agency 26
dealing with crime shall: 27
(a) Collect and maintain records, reports and compilations of 28
statistical data required by the Department; and 29
(b) Submit the information collected to the Central Repository: 30
(1) In the manner approved by the Director of the 31
Department; and 32
(2) In accordance with the policies, procedures and 33
definitions of the Uniform Crime Reporting Program of the Federal 34
Bureau of Investigation. 35
3. Each agency of criminal justice shall submit the information 36
relating to records of criminal history that it creates, issues or 37
collects, and any information in its possession relating to the DNA 38
profile of a person from whom a biological specimen is obtained 39
pursuant to NRS 176.09123 or 176.0913, to the Division. The 40
information must be submitted to the Division: 41
(a) Through an electronic network; 42
(b) On a medium of magnetic storage; or 43
(c) In the manner prescribed by the Director of the Department, 44
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within 60 days after the date of the disposition of the case. If an 1
agency has submitted a record regarding the arrest of a person who 2
is later determined by the agency not to be the person who 3
committed the particular crime, the agency shall, immediately upon 4
making that determination, so notify the Division. The Division 5
shall delete all references in the Central Repository relating to that 6
particular arrest. 7
4. Each state and local law enforcement agency shall submit 8
Uniform Crime Reports to the Central Repository: 9
(a) In the manner prescribed by the Director of the Department; 10
(b) In accordance with the policies, procedures and definitions 11
of the Uniform Crime Reporting Program of the Federal Bureau of 12
Investigation; and 13
(c) Within the time prescribed by the Director of the 14
Department. 15
5. The Division shall, in the manner prescribed by the Director 16
of the Department: 17
(a) Collect, maintain and arrange all information submitted to it 18
relating to: 19
(1) Records of criminal history; and 20
(2) The DNA profile of a person from whom a biological 21
specimen is obtained pursuant to NRS 176.09123 or 176.0913. 22
(b) When practicable, use a record of the personal identifying 23
information of a subject as the basis for any records maintained 24
regarding him or her. 25
(c) Upon request, provide, in paper or electronic form, the 26
information that is contained in the Central Repository to the 27
Committee on Domestic Violence appointed pursuant to NRS 28
228.470 when, pursuant to NRS 228.495, the Committee is 29
reviewing the death of the victim of a crime that constitutes 30
domestic violence pursuant to NRS 33.018. 31
6. The Division may: 32
(a) Disseminate any information which is contained in the 33
Central Repository to any other agency of criminal justice; 34
(b) Enter into cooperative agreements with repositories of the 35
United States and other states to facilitate exchanges of information 36
that may be disseminated pursuant to paragraph (a); and 37
(c) Request of and receive from the Federal Bureau of 38
Investigation information on the background and personal history of 39
any person whose record of fingerprints or other biometric identifier 40
the Central Repository submits to the Federal Bureau of 41
Investigation and: 42
(1) Who has applied to any agency of the State of Nevada or 43
any political subdivision thereof for a license which it has the power 44
to grant or deny; 45
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(2) With whom any agency of the State of Nevada or any 1
political subdivision thereof intends to enter into a relationship of 2
employment or a contract for personal services; 3
(3) Who has applied to any agency of the State of Nevada or 4
any political subdivision thereof to attend an academy for training 5
peace officers approved by the Peace Officers’ Standards and 6
Training Commission; 7
(4) For whom such information is required or authorized to 8
be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 9
432A.170, 432B.198, 433B.183 [,] and 449.123 and [449.4329;] 10
sections 37 and 81 of this act; or 11
(5) About whom any agency of the State of Nevada or any 12
political subdivision thereof is authorized by law to have accurate 13
personal information for the protection of the agency or the persons 14
within its jurisdiction. 15
7. To request and receive information from the Federal Bureau 16
of Investigation concerning a person pursuant to subsection 6, the 17
Central Repository must receive: 18
(a) The person’s complete set of fingerprints for the purposes of: 19
(1) Booking the person into a city or county jail or detention 20
facility; 21
(2) Employment; 22
(3) Contractual services; or 23
(4) Services related to occupational licensing; 24
(b) One or more of the person’s fingerprints for the purposes of 25
mobile identification by an agency of criminal justice; or 26
(c) Any other biometric identifier of the person as it may require 27
for the purposes of: 28
(1) Arrest; or 29
(2) Criminal investigation, 30
from the agency of criminal justice or agency of the State of 31
Nevada or any political subdivision thereof and submit the received 32
data to the Federal Bureau of Investigation for its report. 33
8. The Central Repository shall: 34
(a) Collect and maintain records, reports and compilations of 35
statistical data submitted by any agency pursuant to subsection 2. 36
(b) Tabulate and analyze all records, reports and compilations of 37
statistical data received pursuant to this section. 38
(c) Disseminate to federal agencies engaged in the collection of 39
statistical data relating to crime information which is contained in 40
the Central Repository. 41
(d) Investigate the criminal history of any person who: 42
(1) Has applied to the Superintendent of Public Instruction 43
for the issuance or renewal of a license; 44
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(2) Has applied to a county school district, charter school or 1
private school for employment or to serve as a volunteer; or 2
(3) Is employed by or volunteers for a county school district, 3
charter school or private school, 4
and immediately notify the superintendent of each county school 5
district, the governing body of each charter school and the 6
Superintendent of Public Instruction, or the administrator of each 7
private school, as appropriate, if the investigation of the Central 8
Repository indicates that the person has been convicted of a 9
violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, 10
or convicted of a felony or any offense involving moral turpitude. 11
(e) Upon discovery, immediately notify the superintendent of 12
each county school district, the governing body of each charter 13
school or the administrator of each private school, as appropriate, by 14
providing the superintendent, governing body or administrator with 15
a list of all persons: 16
(1) Investigated pursuant to paragraph (d); or 17
(2) Employed by or volunteering for a county school district, 18
charter school or private school whose fingerprints were sent 19
previously to the Central Repository for investigation, 20
who the Central Repository’s records indicate have been 21
convicted of a violation of NRS 200.508, 201.230, 453.3385, 22
453.3387 or 453.339, or convicted of a felony or any offense 23
involving moral turpitude since the Central Repository’s initial 24
investigation. The superintendent of each county school district, the 25
governing body of a charter school or the administrator of each 26
private school, as applicable, shall determine whether further 27
investigation or action by the district, charter school or private 28
school, as applicable, is appropriate. 29
(f) Investigate the criminal history of each person who submits 30
one or more fingerprints or other biometric identifier or has such 31
data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 32
424.031, 432A.170, 432B.198, 433B.183, 449.122 [,] or 449.123 or 33
[449.4329.] section 36, 37, 80 or 81 of this act. 34
(g) Provide an electronic means to access on the Central 35
Repository’s Internet website statistical data relating to crime. 36
(h) Provide an electronic means to access on the Central 37
Repository’s Internet website statistical data about domestic 38
violence in this State. 39
(i) Identify and review the collection and processing of 40
statistical data relating to criminal justice by any agency identified 41
in subsection 2 and make recommendations for any necessary 42
changes in the manner of collecting and processing statistical data 43
by any such agency. 44
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(j) Adopt regulations governing biometric identifiers and the 1
information and data derived from biometric identifiers, including, 2
without limitation: 3
(1) Their collection, use, safeguarding, handling, retention, 4
storage, dissemination and destruction; and 5
(2) The methods by which a person may request the removal 6
of his or her biometric identifiers from the Central Repository and 7
any other agency where his or her biometric identifiers have been 8
stored. 9
9. The Central Repository may: 10
(a) In the manner prescribed by the Director of the Department, 11
disseminate compilations of statistical data and publish statistical 12
reports relating to crime. 13
(b) Charge a reasonable fee for any publication or special report 14
it distributes relating to data collected pursuant to this section. The 15
Central Repository may not collect such a fee from an agency of 16
criminal justice or any other agency dealing with crime which is 17
required to submit information pursuant to subsection 2. All money 18
collected pursuant to this paragraph must be used to pay for the cost 19
of operating the Central Repository or for any other purpose 20
authorized by the Legislature, and any balance of the money 21
remaining at the end of a fiscal year reverts to the State General 22
Fund. 23
(c) In the manner prescribed by the Director of the Department, 24
use electronic means to receive and disseminate information 25
contained in the Central Repository that it is authorized to 26
disseminate pursuant to the provisions of this chapter. 27
10. As used in this section: 28
(a) “Mobile identification” means the collection, storage, 29
transmission, reception, search, access or processing of a biometric 30
identifier using a handheld device. 31
(b) “Personal identifying information” means any information 32
designed, commonly used or capable of being used, alone or in 33
conjunction with any other information, to identify a person, 34
including, without limitation: 35
(1) The name, driver’s license number, social security 36
number, date of birth and photograph or computer-generated image 37
of a person; and 38
(2) A biometric identifier of a person. 39
(c) “Private school” has the meaning ascribed to it in 40
NRS 394.103. 41
Sec. 112. NRS 200.471 is hereby amended to read as follows: 42
200.471 1. As used in this section: 43
(a) “Assault” means: 44
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(1) Unlawfully attempting to use physical force against 1
another person; or 2
(2) Intentionally placing another person in reasonable 3
apprehension of immediate bodily harm. 4
(b) “Fire-fighting agency” has the meaning ascribed to it in 5
NRS 239B.020. 6
(c) “Health care facility” means a facility licensed pursuant to 7
chapter 449 of NRS, an entity licensed or certified pursuant to the 8
chapter consisting of sections 2 to 90, inclusive, of this act, an 9
office of a person listed in NRS 629.031, a clinic or any other 10
location, other than a residence, where health care is provided. 11
(d) “Officer” means: 12
(1) A person who possesses some or all of the powers of a 13
peace officer; 14
(2) A person employed in a full-time salaried occupation of 15
fire fighting for the benefit or safety of the public; 16
(3) A member of a volunteer fire department; 17
(4) A jailer, guard or other correctional officer of a city or 18
county jail; 19
(5) A prosecuting attorney of an agency or political 20
subdivision of the United States or of this State; 21
(6) A justice of the Supreme Court, judge of the Court of 22
Appeals, district judge, justice of the peace, municipal judge, 23
magistrate, court commissioner, master or referee, including a 24
person acting pro tempore in a capacity listed in this subparagraph; 25
(7) An employee of this State or a political subdivision of 26
this State whose official duties require the employee to make home 27
visits; 28
(8) A civilian employee or a volunteer of a law enforcement 29
agency whose official duties require the employee or volunteer to: 30
(I) Interact with the public; 31
(II) Perform tasks related to law enforcement; and 32
(III) Wear identification, clothing or a uniform that 33
identifies the employee or volunteer as working or volunteering for 34
the law enforcement agency; 35
(9) A civilian employee or a volunteer of a fire-fighting 36
agency whose official duties require the employee or volunteer to: 37
(I) Interact with the public; 38
(II) Perform tasks related to fire fighting or fire 39
prevention; and 40
(III) Wear identification, clothing or a uniform that 41
identifies the employee or volunteer as working or volunteering for 42
the fire-fighting agency; or 43
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(10) A civilian employee or volunteer of this State or a 1
political subdivision of this State whose official duties require the 2
employee or volunteer to: 3
(I) Interact with the public; 4
(II) Perform tasks related to code enforcement; and 5
(III) Wear identification, clothing or a uniform that 6
identifies the employee or volunteer as working or volunteering for 7
this State or a political subdivision of this State. 8
(e) “Provider of health care” means: 9
(1) A physician, a medical student, a perfusionist, an 10
anesthesiologist assistant or a physician assistant licensed pursuant 11
to chapter 630 of NRS, a practitioner of respiratory care, a 12
homeopathic physician, an advanced practitioner of homeopathy, a 13
homeopathic assistant, an osteopathic physician, a physician 14
assistant or anesthesiologist assistant licensed pursuant to chapter 15
633 of NRS, a podiatric physician, a podiatry hygienist, a physical 16
therapist, a medical laboratory technician, an optometrist, a 17
chiropractic physician, a chiropractic assistant, a naprapath, a doctor 18
of Oriental medicine, a nurse, a student nurse, a certified nursing 19
assistant, a nursing assistant trainee, a medication aide - certified, a 20
person who provides health care services in the home for 21
compensation, a dentist, a dental student, a dental hygienist, a dental 22
hygienist student, an expanded function dental assistant, an 23
expanded function dental assistant student, a pharmacist, a 24
pharmacy student, an intern pharmacist, an attendant on an 25
ambulance or air ambulance, a psychologist, a social worker, a 26
marriage and family therapist, a marriage and family therapist 27
intern, a clinical professional counselor, a clinical professional 28
counselor intern, a behavior analyst, an assistant behavior analyst, a 29
registered behavior technician, a mental health technician, a licensed 30
dietitian, the holder of a license or a limited license issued under the 31
provisions of chapter 653 of NRS, a public safety officer at a health 32
care facility, an emergency medical technician, an advanced 33
emergency medical technician, a paramedic or a participant in a 34
program of training to provide emergency medical services; or 35
(2) An employee of or volunteer for a health care facility 36
who: 37
(I) Interacts with the public; 38
(II) Performs tasks related to providing health care; and 39
(III) Wears identification, clothing or a uniform that 40
identifies the person as an employee or volunteer of the health care 41
facility. 42
(f) “School employee” means a licensed or unlicensed person 43
employed by a board of trustees of a school district pursuant to NRS 44
391.100 or 391.281. 45
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(g) “Sporting event” has the meaning ascribed to it in 1
NRS 41.630. 2
(h) “Sports official” has the meaning ascribed to it in 3
NRS 41.630. 4
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 5
(j) “Taxicab driver” means a person who operates a taxicab. 6
(k) “Transit operator” means a person who operates a bus or 7
other vehicle as part of a public mass transportation system. 8
(l) “Utility worker” means an employee of a public utility as 9
defined in NRS 704.020 whose official duties require the employee 10
to: 11
(1) Interact with the public; 12
(2) Perform tasks related to the operation of the public 13
utility; and 14
(3) Wear identification, clothing or a uniform that identifies 15
the employee as working for the public utility. 16
2. A person convicted of an assault shall be punished: 17
(a) If paragraph (c) or (d) does not apply to the circumstances of 18
the crime and the assault is not made with the use of a deadly 19
weapon or the present ability to use a deadly weapon, for a 20
misdemeanor. 21
(b) If the assault is made with the use of a deadly weapon or the 22
present ability to use a deadly weapon, for a category B felony by 23
imprisonment in the state prison for a minimum term of not less 24
than 1 year and a maximum term of not more than 6 years, or by a 25
fine of not more than $5,000, or by both fine and imprisonment. 26
(c) If paragraph (d) does not apply to the circumstances of the 27
crime and if the assault: 28
(1) Is committed upon: 29
(I) An officer, a school employee, a taxicab driver, a 30
transit operator or a utility worker who is performing his or her 31
duty; 32
(II) A provider of health care while the provider of health 33
care is performing his or her duty or is on the premises where he or 34
she performs that duty; or 35
(III) A sports official based on the performance of his or 36
her duties at a sporting event; and 37
(2) The person charged knew or should have known that the 38
victim was an officer, a provider of health care, a school employee, 39
a taxicab driver, a transit operator, a utility worker or a sports 40
official, 41
for a gross misdemeanor, unless the assault is made with the use 42
of a deadly weapon or the present ability to use a deadly weapon, 43
then for a category B felony by imprisonment in the state prison for 44
a minimum term of not less than 1 year and a maximum term of not 45
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more than 6 years, or by a fine of not more than $5,000, or by both 1
fine and imprisonment. 2
(d) If the assault: 3
(1) Is committed by a probationer, a prisoner who is in 4
lawful custody or confinement or a parolee upon: 5
(I) An officer, a school employee, a taxicab driver, a 6
transit operator or a utility worker who is performing his or her 7
duty; 8
(II) A provider of health care while the provider of health 9
care is performing his or her duty or is on the premises where he or 10
she performs that duty; or 11
(III) A sports official based on the performance of his or 12
her duties at a sporting event; and 13
(2) The probationer, prisoner or parolee charged knew or 14
should have known that the victim was an officer, a provider of 15
health care, a school employee, a taxicab driver, a transit operator, a 16
utility worker or a sports official, 17
for a category D felony as provided in NRS 193.130, unless the 18
assault is made with the use of a deadly weapon or the present 19
ability to use a deadly weapon, then for a category B felony by 20
imprisonment in the state prison for a minimum term of not less 21
than 1 year and a maximum term of not more than 6 years, or by a 22
fine of not more than $5,000, or by both fine and imprisonment. 23
Sec. 113. NRS 200.5093 is hereby amended to read as 24
follows: 25
200.5093 1. Any person who is described in subsection 4 and 26
who, in a professional or occupational capacity, knows or has 27
reasonable cause to believe that an older person or vulnerable 28
person has been abused, neglected, exploited, isolated or abandoned 29
shall: 30
(a) Except as otherwise provided in subsection 2, report the 31
abuse, neglect, exploitation, isolation or abandonment of the older 32
person or vulnerable person to: 33
(1) The local office of the Aging and Disability Services 34
Division of the Department of Health and Human Services; 35
(2) A police department or sheriff’s office; or 36
(3) A toll-free telephone service designated by the Aging and 37
Disability Services Division of the Department of Health and 38
Human Services; and 39
(b) Make such a report as soon as reasonably practicable but not 40
later than 24 hours after the person knows or has reasonable cause to 41
believe that the older person or vulnerable person has been abused, 42
neglected, exploited, isolated or abandoned. 43
2. If a person who is required to make a report pursuant to 44
subsection 1 knows or has reasonable cause to believe that the 45
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abuse, neglect, exploitation, isolation or abandonment of the older 1
person or vulnerable person involves an act or omission of the 2
Aging and Disability Services Division, another division of the 3
Department of Health and Human Services or a law enforcement 4
agency, the person shall make the report to an agency other than the 5
one alleged to have committed the act or omission. 6
3. Each agency, after reducing a report to writing, shall forward 7
a copy of the report to the Aging and Disability Services Division of 8
the Department of Health and Human Services and the Unit for the 9
Investigation and Prosecution of Crimes. 10
4. A report must be made pursuant to subsection 1 by the 11
following persons: 12
(a) Every physician, dentist, dental hygienist, expanded function 13
dental assistant, chiropractic physician, naprapath, optometrist, 14
podiatric physician, medical examiner, resident, intern, professional 15
or practical nurse, physician assistant licensed pursuant to chapter 16
630 or 633 of NRS, anesthesiologist assistant, perfusionist, 17
psychiatrist, psychologist, marriage and family therapist, clinical 18
professional counselor, clinical alcohol and drug counselor, alcohol 19
and drug counselor, music therapist, athletic trainer, driver of an 20
ambulance, paramedic, licensed dietitian, holder of a license or a 21
limited license issued under the provisions of chapter 653 of NRS, 22
behavior analyst, assistant behavior analyst, registered behavior 23
technician, peer recovery support specialist, as defined in NRS 24
433.627, peer recovery support specialist supervisor, as defined in 25
NRS 433.629, or other person providing medical services licensed 26
or certified to practice in this State, who examines, attends or treats 27
an older person or vulnerable person who appears to have been 28
abused, neglected, exploited, isolated or abandoned. 29
(b) Any personnel of a hospital or similar institution engaged in 30
the admission, examination, care or treatment of persons or an 31
administrator, manager or other person in charge of a hospital or 32
similar institution upon notification of the suspected abuse, neglect, 33
exploitation, isolation or abandonment of an older person or 34
vulnerable person by a member of the staff of the hospital. 35
(c) A coroner. 36
(d) Every person who maintains or is employed by an agency to 37
provide personal care services in the home. 38
(e) Every person who maintains or is employed by an agency to 39
provide nursing in the home. 40
(f) Every person who operates, who is employed by or who 41
contracts to provide services for an intermediary service 42
organization as defined in [NRS 449.4304.] section 59 of this act. 43
(g) Any employee of the Department of Health and Human 44
Services, except the State Long-Term Care Ombudsman appointed 45
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pursuant to NRS 427A.125 and any of his or her advocates or 1
volunteers where prohibited from making such a report pursuant to 2
45 C.F.R. § 1321.11. 3
(h) Any employee of a law enforcement agency or a county’s 4
office for protective services or an adult or juvenile probation 5
officer. 6
(i) Any person who maintains or is employed by a facility or 7
establishment that provides care for older persons or vulnerable 8
persons. 9
(j) Any person who maintains, is employed by or serves as a 10
volunteer for an agency or service which advises persons regarding 11
the abuse, neglect, exploitation, isolation or abandonment of an 12
older person or vulnerable person and refers them to persons and 13
agencies where their requests and needs can be met. 14
(k) Every social worker. 15
(l) Any person who owns or is employed by a funeral home or 16
mortuary. 17
(m) Every person who operates or is employed by a community 18
health worker pool, as defined in NRS 449.0028, or with whom a 19
community health worker pool contracts to provide the services of a 20
community health worker, as defined in NRS 449.0027. 21
(n) Every person who is enrolled with the Division of Health 22
Care Financing and Policy of the Department of Health and Human 23
Services to provide doula services to recipients of Medicaid 24
pursuant to NRS 422.27177. 25
5. A report may be made by any other person. 26
6. If a person who is required to make a report pursuant to 27
subsection 1 knows or has reasonable cause to believe that an older 28
person or vulnerable person has died as a result of abuse, neglect, 29
isolation or abandonment, the person shall, as soon as reasonably 30
practicable, report this belief to the appropriate medical examiner or 31
coroner, who shall investigate the cause of death of the older person 32
or vulnerable person and submit to the appropriate local law 33
enforcement agencies, the appropriate prosecuting attorney, the 34
Aging and Disability Services Division of the Department of Health 35
and Human Services and the Unit for the Investigation and 36
Prosecution of Crimes his or her written findings. The written 37
findings must include the information required pursuant to the 38
provisions of NRS 200.5094, when possible. 39
7. A division, office or department which receives a report 40
pursuant to this section shall cause the investigation of the report to 41
commence within 3 working days. A copy of the final report of the 42
investigation conducted by a division, office or department, other 43
than the Aging and Disability Services Division of the Department 44
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of Health and Human Services, must be forwarded within 30 days 1
after the completion of the report to the: 2
(a) Aging and Disability Services Division; 3
(b) Repository for Information Concerning Crimes Against 4
Older Persons or Vulnerable Persons created by NRS 179A.450; 5
and 6
(c) Unit for the Investigation and Prosecution of Crimes. 7
8. If the investigation of a report results in the belief that an 8
older person or vulnerable person is abused, neglected, exploited, 9
isolated or abandoned, the Aging and Disability Services Division 10
of the Department of Health and Human Services or the county’s 11
office for protective services may provide protective services to the 12
older person or vulnerable person if the older person or vulnerable 13
person is able and willing to accept them. 14
9. A person who knowingly and willfully violates any of the 15
provisions of this section is guilty of a misdemeanor. 16
10. As used in this section, “Unit for the Investigation and 17
Prosecution of Crimes” means the Unit for the Investigation and 18
Prosecution of Crimes Against Older Persons or Vulnerable Persons 19
in the Office of the Attorney General created pursuant to 20
NRS 228.265. 21
Sec. 114. NRS 200.5095 is hereby amended to read as 22
follows: 23
200.5095 1. Reports made pursuant to NRS 200.5093 and 24
200.5094, and records and investigations relating to those reports, 25
are confidential. 26
2. A person, law enforcement agency or public or private 27
agency, institution or facility who willfully releases data or 28
information concerning the reports and investigation of the abuse, 29
neglect, exploitation, isolation or abandonment of older persons or 30
vulnerable persons, except: 31
(a) Pursuant to a criminal prosecution; 32
(b) Pursuant to NRS 200.50982; or 33
(c) To persons or agencies enumerated in subsection 3, 34
is guilty of a misdemeanor. 35
3. Except as otherwise provided in subsection 2 and NRS 36
200.50982, data or information concerning the reports and 37
investigations of the abuse, neglect, exploitation, isolation or 38
abandonment of an older person or a vulnerable person is available 39
only to: 40
(a) A physician who is providing care to an older person or a 41
vulnerable person who may have been abused, neglected, exploited, 42
isolated or abandoned; 43
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(b) An agency responsible for or authorized to undertake the 1
care, treatment and supervision of the older person or vulnerable 2
person; 3
(c) A district attorney or other law enforcement official who 4
requires the information in connection with an investigation of the 5
abuse, neglect, exploitation, isolation or abandonment of the older 6
person or vulnerable person; 7
(d) A court which has determined, in camera, that public 8
disclosure of such information is necessary for the determination of 9
an issue before it; 10
(e) A person engaged in bona fide research, but the identity of 11
the subjects of the report must remain confidential; 12
(f) A grand jury upon its determination that access to such 13
records is necessary in the conduct of its official business; 14
(g) Any comparable authorized person or agency in another 15
jurisdiction; 16
(h) A legal guardian of the older person or vulnerable person, if 17
the identity of the person who was responsible for reporting the 18
alleged abuse, neglect, exploitation, isolation or abandonment of the 19
older person or vulnerable person to the public agency is protected, 20
and the legal guardian of the older person or vulnerable person is 21
not the person suspected of such abuse, neglect, exploitation, 22
isolation or abandonment; 23
(i) If the older person or vulnerable person is deceased, the 24
executor or administrator of his or her estate, if the identity of the 25
person who was responsible for reporting the alleged abuse, neglect, 26
exploitation, isolation or abandonment of the older person or 27
vulnerable person to the public agency is protected, and the executor 28
or administrator is not the person suspected of such abuse, neglect, 29
exploitation, isolation or abandonment; 30
(j) The older person or vulnerable person named in the report as 31
allegedly being abused, neglected, exploited, isolated or abandoned, 32
if that person is not legally incapacitated; 33
(k) An attorney appointed by a court to represent a protected 34
person in a guardianship proceeding pursuant to NRS 159.0485, if: 35
(1) The protected person is an older person or vulnerable 36
person; 37
(2) The identity of the person who was responsible for 38
reporting the alleged abuse, neglect, exploitation, isolation or 39
abandonment of the older person or vulnerable person to the public 40
agency is protected; and 41
(3) The attorney of the protected person is not the person 42
suspected of such abuse, neglect, exploitation, isolation or 43
abandonment; or 44
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(l) The State Guardianship Compliance Office created by 1
NRS 159.341. 2
4. If the person who is reported to have abused, neglected, 3
exploited, isolated or abandoned an older person or a vulnerable 4
person is the holder of a license or certificate issued pursuant to 5
chapters 449, 630 to 641B, inclusive, 641D, 653 or 654 of NRS [,] 6
or the chapter consisting of sections 2 to 90, inclusive, of this act, 7
the information contained in the report must be submitted to the 8
board that issued the license. 9
5. If data or information concerning the reports and 10
investigations of the abuse, neglect, exploitation, isolation or 11
abandonment of an older person or a vulnerable person is made 12
available pursuant to paragraph (b) or (j) of subsection 3 or 13
subsection 4, the name and any other identifying information of the 14
person who made the report must be redacted before the data or 15
information is made available. 16
Sec. 115. NRS 232.320 is hereby amended to read as follows: 17
232.320 1. The Director: 18
(a) Shall appoint, with the consent of the Governor, 19
administrators of the divisions of the Department, who are 20
respectively designated as follows: 21
(1) The Administrator of the Aging and Disability Services 22
Division; 23
(2) The Administrator of the Division of Welfare and 24
Supportive Services; 25
(3) The Administrator of the Division of Child and Family 26
Services; 27
(4) The Administrator of the Division of Health Care 28
Financing and Policy; and 29
(5) The Administrator of the Division of Public and 30
Behavioral Health. 31
(b) Shall administer, through the divisions of the Department, 32
the provisions of chapters 63, 424, 425, 427A, 432A to 442, 33
inclusive, 446 to 450, inclusive, and the chapter consisting of 34
sections 2 to 90, inclusive, of this act, 458A and 656A of NRS, 35
NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 36
422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, 37
inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 38
445A.055, inclusive, and all other provisions of law relating to the 39
functions of the divisions of the Department, but is not responsible 40
for the clinical activities of the Division of Public and Behavioral 41
Health or the professional line activities of the other divisions. 42
(c) Shall administer any state program for persons with 43
developmental disabilities established pursuant to the 44
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Developmental Disabilities Assistance and Bill of Rights Act of 1
2000, 42 U.S.C. §§ 15001 et seq. 2
(d) Shall, after considering advice from agencies of local 3
governments and nonprofit organizations which provide social 4
services, adopt a master plan for the provision of human services in 5
this State. The Director shall revise the plan biennially and deliver a 6
copy of the plan to the Governor and the Legislature at the 7
beginning of each regular session. The plan must: 8
(1) Identify and assess the plans and programs of the 9
Department for the provision of human services, and any 10
duplication of those services by federal, state and local agencies; 11
(2) Set forth priorities for the provision of those services; 12
(3) Provide for communication and the coordination of those 13
services among nonprofit organizations, agencies of local 14
government, the State and the Federal Government; 15
(4) Identify the sources of funding for services provided by 16
the Department and the allocation of that funding; 17
(5) Set forth sufficient information to assist the Department 18
in providing those services and in the planning and budgeting for the 19
future provision of those services; and 20
(6) Contain any other information necessary for the 21
Department to communicate effectively with the Federal 22
Government concerning demographic trends, formulas for the 23
distribution of federal money and any need for the modification of 24
programs administered by the Department. 25
(e) May, by regulation, require nonprofit organizations and state 26
and local governmental agencies to provide information regarding 27
the programs of those organizations and agencies, excluding 28
detailed information relating to their budgets and payrolls, which the 29
Director deems necessary for the performance of the duties imposed 30
upon him or her pursuant to this section. 31
(f) Has such other powers and duties as are provided by law. 32
2. Notwithstanding any other provision of law, the Director, or 33
the Director’s designee, is responsible for appointing and removing 34
subordinate officers and employees of the Department. 35
Sec. 116. NRS 232.359 is hereby amended to read as follows: 36
232.359 1. The Department, in collaboration with any state 37
or local agencies or community-based organizations which provide 38
information and referral services concerning health, welfare, human 39
and social services and any group established by the Governor to 40
implement a statewide information and referral system concerning 41
health, welfare, human and social services, shall establish and 42
maintain a statewide information and referral system to provide 43
nonemergency information and referrals to the general public 44
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concerning the health, welfare, human and social services provided 1
by public or private entities in this State. The system must: 2
(a) Integrate any information and referral systems previously 3
established by state agencies, local agencies or community-based 4
organizations with the system established pursuant to this section; 5
(b) Be the sole system in this State which is accessible to a 6
person by dialing the digits 2-1-1 and which provides nonemergency 7
information and referrals to the general public concerning the 8
health, welfare, human and social services provided by public or 9
private entities in this State; 10
(c) Be accessible to a person using the public telephone system 11
by dialing the digits 2-1-1; 12
(d) Include information concerning service-connected 13
disabilities and diseases, including, without limitation, diseases 14
presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 15
3.344, inclusive; 16
(e) Except as otherwise provided in paragraph (f), include 17
information that is updated periodically; and 18
(f) Include information concerning the licensing status of any 19
entity licensed pursuant to chapter 449 of NRS or the chapter 20
consisting of sections 2 to 90, inclusive, of this act that is reviewed 21
and updated at least quarterly. 22
2. In establishing the statewide information and referral 23
system, the Department, any state or local agencies or community-24
based organizations which provide information and referral services 25
concerning health, welfare, human and social services and any 26
group established by the Governor to implement a statewide 27
information and referral system concerning health, welfare, human 28
and social services shall consult with representatives of: 29
(a) The Public Utilities Commission of Nevada; 30
(b) Telephone companies which provide service through a local 31
exchange in this State; 32
(c) Companies that provide wireless phone services in this State; 33
(d) Existing information and referral services established by 34
state agencies, local agencies or community-based organizations; 35
(e) State and local agencies or other organizations that provide 36
health, welfare, human and social services; 37
(f) Nonprofit organizations; and 38
(g) Such other agencies, entities and organizations as determined 39
necessary by the Department, any state or local agencies or 40
community-based organizations which provide information and 41
referral services concerning health, welfare, human and social 42
services or any group established by the Governor to implement a 43
statewide information and referral system concerning health, 44
welfare, human and social services. 45
– 89 –
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3. The Public Utilities Commission of Nevada, each telephone 1
company which provides service through a local exchange in this 2
State and each company that provides wireless phone services in 3
this State shall cooperate with the Department, any state or local 4
agencies or community-based organizations which provide 5
information and referral services concerning health, welfare, human 6
and social services and any group established by the Governor to 7
implement a statewide information and referral system concerning 8
health, welfare, human and social services in the establishment of 9
the statewide information and referral system. 10
Sec. 117. NRS 232B.237 is hereby amended to read as 11
follows: 12
232B.237 1. The Sunset Subcommittee of the Legislative 13
Commission shall conduct a review of each professional or 14
occupational licensing board and regulatory body in this State to 15
determine whether the restrictions on the criminal history of an 16
applicant for an occupational or professional license are appropriate. 17
2. Each professional or occupational licensing board and 18
regulatory body subject to review pursuant to subsection 1 must 19
submit information to the Sunset Subcommittee on a form 20
prescribed by the Sunset Subcommittee. The information must 21
include, without limitation: 22
(a) The number of petitions submitted to a professional or 23
occupational licensing board and regulatory body pursuant to NRS 24
1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395, 25
445B.7776, 449.03008, [449.4316,] 450B.169, 455C.125, 457.1825, 26
458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 27
503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 28
576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 29
599B.127, 618.357, 622.085, 678B.630 and 706.4626 [;] and 30
sections 10 and 70 of this act; 31
(b) The number of determinations of disqualification made by 32
the professional or occupational licensing board and regulatory body 33
pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212, 34
379.00785, 435.3395, 445B.7776, 449.03008, [449.4316,] 35
450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 36
487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 37
534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 38
584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 39
678B.630 and 706.4626 [;] and sections 10 and 70 of this act; and 40
(c) The reasons for such determinations of disqualification. 41
3. As used in this section, “regulatory body” has the meaning 42
ascribed to it in NRS 622.060. 43
– 90 –
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Sec. 118. NRS 239.010 is hereby amended to read as follows: 1
239.010 1. Except as otherwise provided in this section and 2
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 3
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 4
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 5
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 6
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 7
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 8
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 9
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 10
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 11
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 12
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 13
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 14
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 15
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 16
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 17
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 18
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 19
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 20
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 21
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 22
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 23
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 24
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 25
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 26
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 27
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 28
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 29
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 30
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 31
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 32
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 33
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 34
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 35
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 36
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 37
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 38
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 39
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 40
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 41
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 42
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 43
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 44
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 45
– 91 –
- *AB519*
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 1
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 2
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 3
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 4
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 5
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 6
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 7
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 8
[449.4315,] 449A.112, 450.140, 450B.188, 450B.805, 453.164, 9
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 10
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 11
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 12
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 13
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 14
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 15
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 16
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 17
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 18
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 19
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 20
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 21
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 22
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 23
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 24
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 25
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 26
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 27
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 28
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 29
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 30
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 31
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 32
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 33
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 34
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 35
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 36
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 37
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 38
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 39
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 40
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 41
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 42
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 43
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 44
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 45
– 92 –
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696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 1
711.600, and sections 23, 55 and 69 of this act, sections 35, 38 and 2
41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 3
391, Statutes of Nevada 2013 and unless otherwise declared by law 4
to be confidential, all public books and public records of a 5
governmental entity must be open at all times during office hours to 6
inspection by any person, and may be fully copied or an abstract or 7
memorandum may be prepared from those public books and public 8
records. Any such copies, abstracts or memoranda may be used to 9
supply the general public with copies, abstracts or memoranda of the 10
records or may be used in any other way to the advantage of the 11
governmental entity or of the general public. This section does not 12
supersede or in any manner affect the federal laws governing 13
copyrights or enlarge, diminish or affect in any other manner the 14
rights of a person in any written book or record which is 15
copyrighted pursuant to federal law. 16
2. A governmental entity may not reject a book or record 17
which is copyrighted solely because it is copyrighted. 18
3. A governmental entity that has legal custody or control of a 19
public book or record shall not deny a request made pursuant to 20
subsection 1 to inspect or copy or receive a copy of a public book or 21
record on the basis that the requested public book or record contains 22
information that is confidential if the governmental entity can 23
redact, delete, conceal or separate, including, without limitation, 24
electronically, the confidential information from the information 25
included in the public book or record that is not otherwise 26
confidential. 27
4. If requested, a governmental entity shall provide a copy of a 28
public record in an electronic format by means of an electronic 29
medium. Nothing in this subsection requires a governmental entity 30
to provide a copy of a public record in an electronic format or by 31
means of an electronic medium if: 32
(a) The public record: 33
(1) Was not created or prepared in an electronic format; and 34
(2) Is not available in an electronic format; or 35
(b) Providing the public record in an electronic format or by 36
means of an electronic medium would: 37
(1) Give access to proprietary software; or 38
(2) Require the production of information that is confidential 39
and that cannot be redacted, deleted, concealed or separated from 40
information that is not otherwise confidential. 41
5. An officer, employee or agent of a governmental entity who 42
has legal custody or control of a public record: 43
(a) Shall not refuse to provide a copy of that public record in the 44
medium that is requested because the officer, employee or agent has 45
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already prepared or would prefer to provide the copy in a different 1
medium. 2
(b) Except as otherwise provided in NRS 239.030, shall, upon 3
request, prepare the copy of the public record and shall not require 4
the person who has requested the copy to prepare the copy himself 5
or herself. 6
Sec. 119. NRS 287.500 is hereby amended to read as follows: 7
287.500 As used in NRS 287.500 to 287.530, inclusive, unless 8
the context otherwise requires: 9
1. “Employee organization” means an organization of any kind 10
whose members are governmental employees and has as one of its 11
purposes the improvement of the terms and conditions of 12
employment of governmental employees. 13
2. “Professional service” means any type of personal service 14
which may be performed only pursuant to a license, certificate of 15
registration or other authorization issued by this state, except 16
services provided by any person licensed under chapter 630 or 633 17
of NRS , [or] by any medical facility or facility for the dependent as 18
defined in chapter 449 of NRS [.] or any agency to provide 19
personal care services in the home as defined in section 3 of this 20
act. 21
Sec. 120. NRS 422.272407 is hereby amended to read as 22
follows: 23
422.272407 1. To the extent authorized by federal law, the 24
Director shall include in the State Plan for Medicaid authorization 25
for a recipient of Medicaid to be deemed a provider of services for 26
the purposes of allowing the recipient to receive reimbursements for 27
personal care services covered by Medicaid and use that money to 28
pay for services provided by a personal care assistant acting 29
pursuant to NRS 629.091 or an agency to provide personal care 30
services in the home using a self-directed model. 31
2. As used in this section: 32
(a) “Agency to provide personal care services in the home” has 33
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act. 34
(b) “Personal care services” means the services described in 35
[NRS 449.1935.] section 52 of this act. 36
Sec. 121. NRS 422.3792 is hereby amended to read as 37
follows: 38
422.3792 “Agency to provide personal care services in the 39
home” has the meaning ascribed to it in [NRS 449.0021.] section 3 40
of this act. 41
Sec. 122. NRS 422.3965 is hereby amended to read as 42
follows: 43
422.3965 1. The Department shall apply to the Secretary of 44
Health and Human Services for a home and community-based 45
– 94 –
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services waiver granted pursuant to 42 U.S.C. § 1396n(c). The 1
waiver must authorize the Department to include structured family 2
caregiving for persons suffering from dementia as medical 3
assistance under Medicaid. 4
2. The waiver must: 5
(a) Authorize an applicant for or a recipient of Medicaid 6
suffering from dementia to choose any: 7
(1) Person, including, without limitation, a spouse or a 8
person who is legally responsible for the recipient, to serve as his or 9
her caregiver; and 10
(2) Appropriate residence in which to receive structured 11
family caregiving; 12
(b) Require a caregiver chosen by a recipient of Medicaid 13
pursuant to paragraph (a), including, without limitation, a caregiver 14
chosen by an applicant whose application is approved, to be or 15
become an employee of an agency to provide personal care services 16
in the home or an intermediary service organization; 17
(c) Establish a per diem rate to be paid to an agency to provide 18
personal care services in the home or an intermediary service 19
organization that employs a caregiver pursuant to paragraph (b); 20
(d) Require an agency to provide personal care services in the 21
home or intermediary service organization that employs a caregiver 22
pursuant to paragraph (b) to provide to the caregiver a daily stipend 23
that is at least 65 percent of the per diem rate paid to the agency to 24
provide personal care services in the home or intermediary service 25
organization; and 26
(e) Require a caregiver chosen by a recipient of Medicaid 27
pursuant to paragraph (a), including, without limitation, a caregiver 28
chosen by an applicant whose application is approved, to complete 29
any training the Aging and Disability Services Division of the 30
Department determines to be necessary for the caregiver to provide 31
adequate care to the recipient. 32
3. The Department shall: 33
(a) Cooperate with the Federal Government in obtaining a 34
waiver pursuant to this section; 35
(b) If the Federal Government approves the waiver, adopt 36
regulations necessary to carry out the provisions of this section, 37
including, without limitation, the criteria to be used in determining 38
eligibility for an applicant for or a recipient of Medicaid suffering 39
from dementia to receive structured family caregiving pursuant to 40
this section; and 41
(c) Implement the amendments to the waiver only to the extent 42
that the amendments are approved by the Federal Government. 43
4. As used in this section: 44
– 95 –
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(a) “Agency to provide personal care services in the home” has 1
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act. 2
(b) “Intermediary service organization” has the meaning 3
ascribed to it in [NRS 449.4304.] section 59 of this act. 4
(c) “Structured family caregiving” means the provision of 5
services to a person who resides in the same residence as the 6
caregiver on a full-time basis. The services provided may include, 7
without limitation: 8
(1) Case management services; 9
(2) Personal care services; 10
(3) Personal assistance; 11
(4) Homemaker services; and 12
(5) Health-related services, including, without limitation, 13
home health aide services. 14
Sec. 123. NRS 427A.175 is hereby amended to read as 15
follows: 16
427A.175 1. Within 1 year after an older patient sustains 17
damage to his or her property as a result of any act or failure to act 18
by a facility for intermediate care, a facility for skilled nursing, a 19
residential facility for groups, a home for individual residential care, 20
an agency to provide personal care services in the home, an 21
intermediary service organization, a community health worker pool 22
or an agency to provide nursing in the home in protecting the 23
property, the older patient may file a verified complaint with the 24
Division setting forth the details of the damage. 25
2. Upon receiving a verified complaint pursuant to subsection 26
1, the Administrator shall investigate the complaint and attempt to 27
settle the matter through arbitration, mediation or negotiation. 28
3. If a settlement is not reached pursuant to subsection 2, the 29
facility, home, agency, organization or older patient may request a 30
hearing before the Attorney for the Rights of Older Persons and 31
Persons with a Physical Disability, an Intellectual Disability or a 32
Related Condition. If requested, the Attorney for the Rights of Older 33
Persons and Persons with a Physical Disability, an Intellectual 34
Disability or a Related Condition shall conduct a hearing to 35
determine whether the facility, home, agency, pool or organization 36
is liable for damages to the patient. If the Attorney for the Rights of 37
Older Persons and Persons with a Physical Disability, an Intellectual 38
Disability or a Related Condition determines that the facility, home, 39
agency, pool or organization is liable for damages to the patient, the 40
Attorney for the Rights of Older Persons and Persons with a 41
Physical Disability, an Intellectual Disability or a Related Condition 42
shall order the amount of the surety bond pursuant to NRS 449.065 43
or section 24 or 67 of this act, as applicable, or the substitute for 44
the surety bond necessary to pay for the damages pursuant to 45
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NRS 449.067 or section 25 or 68 of this act, as applicable, to be 1
released to the Division. The Division shall pay any such amount to 2
the older patient or the estate of the older patient. 3
4. The Division shall create a separate account for money to be 4
collected and distributed pursuant to this section. 5
5. As used in this section: 6
(a) “Agency to provide nursing in the home” has the meaning 7
ascribed to it in NRS 449.0015; 8
(b) “Agency to provide personal care services in the home” has 9
the meaning ascribed to it in [NRS 449.0021;] section 3 of this act; 10
(c) “Community health worker pool” has the meaning ascribed 11
to it in NRS 449.0028; 12
(d) “Facility for intermediate care” has the meaning ascribed to 13
it in NRS 449.0038; 14
(e) “Facility for skilled nursing” has the meaning ascribed to it 15
in NRS 449.0039; 16
(f) “Home for individual residential care” has the meaning 17
ascribed to it in NRS 449.0105; 18
(g) “Intermediary service organization” has the meaning 19
ascribed to it in [NRS 449.4304;] section 59 of this act; 20
(h) “Older patient” has the meaning ascribed to it in NRS 21
449.065; and 22
(i) “Residential facility for groups” has the meaning ascribed to 23
it in NRS 449.017. 24
Sec. 124. NRS 427A.906 is hereby amended to read as 25
follows: 26
427A.906 “Facility or service provider” means: 27
1. Any facility or other entity licensed or certified pursuant to 28
chapter 435 or 449 of NRS [.] or the chapter consisting of sections 29
2 to 90, inclusive, of this act. 30
2. A provider of emergency medical services. 31
3. A facility for long-term rehabilitation. 32
4. Any unlicensed establishment that provides food, shelter, 33
assistance and limited supervision to an older person or a vulnerable 34
person. 35
Sec. 125. NRS 435.450 is hereby amended to read as follows: 36
435.450 1. If a patient in a division facility is transferred to 37
another division facility or to a medical facility, a facility for the 38
dependent , an agency to provide personal care services in the 39
home or a physician licensed to practice medicine, the division 40
facility shall forward a copy of the medical records of the patient, on 41
or before the date the patient is transferred, to the facility , agency or 42
physician. Except as otherwise required by 42 U.S.C. § 290dd, 43
290dd-1 or 290dd-2 or NRS 439.591 or 439.597, the division 44
– 97 –
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facility is not required to obtain the oral or written consent of the 1
patient to forward a copy of the medical records. 2
2. As used in this section, [“medical] : 3
(a) “Agency to provide personal care services in the home” has 4
the meaning ascribed to it in section 3 of this act. 5
(b) “Medical records” includes a medical history of the patient, 6
a summary of the current physical condition of the patient and a 7
discharge summary which contains the information necessary for 8
the proper treatment of the patient. 9
Sec. 126. NRS 608.0195 is hereby amended to read as 10
follows: 11
608.0195 1. If an employee specified in paragraph (a) of 12
subsection 3 is required to be on duty for 24 hours or more, the 13
employer and employee may agree in writing to exclude from the 14
employee’s wages a regularly scheduled sleeping period not to 15
exceed 8 hours if adequate sleeping facilities are furnished: 16
(a) By the employer of an employee described in subparagraph 17
(1) of paragraph (a) of subsection 3; or 18
(b) In the home in which an employee described in 19
subparagraph (2) of paragraph (a) of subsection 3 provides personal 20
care services, 21
as applicable. 22
2. If the sleeping period is interrupted by any call for service 23
by the employer or for service to a person to whom the employee 24
provides personal care services, the interruption must be counted as 25
hours worked. If the sleeping period is interrupted by any call for 26
service by the employer or for service to a person to whom the 27
employee provides personal care services to such an extent that the 28
sleeping period is less than 5 hours, the employee must be paid for 29
the entire sleeping period. 30
3. The provisions of subsections 1 and 2: 31
(a) Apply only to: 32
(1) An employee who is on duty at a residential facility for a 33
group of similarly situated persons who require supervision, care or 34
other assistance from employees at the residential facility; and 35
(2) An employee of an agency to provide personal care 36
services in the home who is on duty. 37
(b) Do not apply to a firefighter, a member of a rescue or 38
emergency services crew or a peace officer, including, without 39
limitation, a correctional officer. 40
4. As used in this section: 41
(a) “A group of similarly situated persons” includes, without 42
limitation, a group of: 43
(1) Persons with a mental illness; 44
(2) Persons with a physical disability; 45
– 98 –
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(3) Persons with an intellectual disability; 1
(4) Persons who are elderly; 2
(5) Persons recovering from alcohol or substance use 3
disorders; 4
(6) Children in foster care; and 5
(7) Children in a program to address emotional or behavioral 6
problems. 7
(b) “Agency to provide personal care services in the home” has 8
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act. 9
(c) “On duty” means any period during which an employee is 10
working or is required to remain on the premises of: 11
(1) In the case of an employee described in subparagraph (1) 12
of paragraph (a) of subsection 3, the employer; or 13
(2) In the case of an employee described in subparagraph (2) 14
of paragraph (a) of subsection 3, the home of a person to whom the 15
employee provides personal care services. 16
(d) “Personal care services” means the services described in 17
[NRS 449.1935.] section 52 of this act. 18
(e) “Residential facility” means: 19
(1) A dormitory, any structure similar to a dormitory or any 20
structure similar to a private residence in which a group of similarly 21
situated persons reside for the purpose of receiving supervision, care 22
or other assistance from employees on duty at the residential 23
facility. Any such dormitory or structure similar to a dormitory may 24
include a studio apartment for the use of the employees. 25
(2) In the case of a program for children to address emotional 26
or behavioral problems, any structure which provides for residential 27
living for the children and employees. 28
Sec. 127. NRS 608.510 is hereby amended to read as follows: 29
608.510 “Agency to provide personal care services in the 30
home” has the meaning ascribed to it in [NRS 449.0021.] section 3 31
of this act. 32
Sec. 128. NRS 608.530 is hereby amended to read as follows: 33
608.530 1. “Home care employee” means a person who 34
provides: 35
(a) Personal care services through a home care program as an 36
employee of a home care employer that is an agency to provide 37
personal care services in the home; 38
(b) Personal assistance through a home care program as a 39
personal assistant for whom a home care employer that is an 40
intermediary service organization is the employer of record; or 41
(c) Temporary respite services through a home care program as 42
an employee of a home care employer that has entered into a 43
contract with the Aging and Disability Services Division of the 44
Department of Health and Human Services to provide such services. 45
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2. As used in this section, “personal assistant” has the meaning 1
ascribed to it in [NRS 449.4308.] section 60 of this act. 2
Sec. 129. NRS 608.570 is hereby amended to read as follows: 3
608.570 “Intermediary service organization” has the meaning 4
ascribed to it in [NRS 449.4304.] section 59 of this act. 5
Sec. 130. NRS 608.580 is hereby amended to read as follows: 6
608.580 “Personal assistance” has the meaning ascribed to it in 7
[NRS 449.4308.] section 60 of this act. 8
Sec. 131. NRS 608.590 is hereby amended to read as follows: 9
608.590 “Personal care services” means the services described 10
in [NRS 449.1935.] section 52 of this act. 11
Sec. 132. NRS 608.600 is hereby amended to read as follows: 12
608.600 “Temporary respite services” has the meaning 13
ascribed to it in [NRS 449.0021.] section 3 of this act. 14
Sec. 133. NRS 630.024 is hereby amended to read as follows: 15
630.024 1. “Respiratory care” means the treatment, 16
management, diagnostic testing, control and care of persons with 17
deficiencies and abnormalities associated with the cardiopulmonary 18
system. The term includes inhalation and respiratory therapy. 19
2. The term does not include any task performed in accordance 20
with the regulations adopted by the State Board of Health pursuant 21
to NRS 449.0304 and [449.4309.] sections 14 and 61 of this act. 22
Sec. 134. NRS 630.060 is hereby amended to read as follows: 23
630.060 1. Six members of the Board must be persons who 24
are licensed to practice medicine in this State, are actually engaged 25
in the practice of medicine in this State and have resided and 26
practiced medicine in this State for at least 5 years preceding their 27
respective appointments. 28
2. One member of the Board must be a person who is licensed 29
to practice as a physician assistant in this State, is actually engaged 30
in practice as a physician assistant in this State and has resided and 31
practiced as a physician assistant in this State for at least 5 years 32
preceding his or her appointment. 33
3. One member of the Board must be a person who is licensed 34
to engage in the practice of respiratory care in this State, is actually 35
engaged in the practice of respiratory care in this State and has 36
resided and practiced respiratory care in this State for at least 5 37
years preceding his or her appointment. 38
4. One member of the Board must be a person who has resided 39
in this State for at least 5 years and who represents the interests of 40
persons or agencies that regularly provide health care to patients 41
who are indigent, uninsured or unable to afford health care. This 42
member must not be licensed under the provisions of this chapter. 43
5. The remaining two members of the Board must be persons 44
who have resided in this State for at least 5 years and who: 45
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(a) Are not licensed in any state to practice any healing art; 1
(b) Are not the spouse or the parent or child, by blood, marriage 2
or adoption, of a person licensed in any state to practice any healing 3
art; 4
(c) Are not actively engaged in the administration of any facility 5
for the dependent as defined in chapter 449 of NRS, agency to 6
provide personal care services in the home as defined in section 3 7
of this act, medical facility or medical school; and 8
(d) Do not have a pecuniary interest in any matter pertaining to 9
the healing arts, except as a patient or potential patient. 10
6. The members of the Board must be selected without regard 11
to their individual political beliefs. 12
Sec. 135. NRS 630.253 is hereby amended to read as follows: 13
630.253 1. The Board shall, as a prerequisite for the: 14
(a) Renewal of a license as a physician assistant; 15
(b) Renewal of a license as an anesthesiologist assistant; or 16
(c) Biennial registration of the holder of a license to practice 17
medicine, 18
require each holder to submit evidence of compliance with the 19
requirements for continuing education as set forth in regulations 20
adopted by the Board. 21
2. These requirements: 22
(a) May provide for the completion of one or more courses of 23
instruction relating to risk management in the performance of 24
medical services. 25
(b) Must provide for the completion of a course of instruction, 26
within 2 years after initial licensure, relating to the medical 27
consequences of an act of terrorism that involves the use of a 28
weapon of mass destruction. The course must provide at least 4 29
hours of instruction that includes instruction in the following 30
subjects: 31
(1) An overview of acts of terrorism and weapons of mass 32
destruction; 33
(2) Personal protective equipment required for acts of 34
terrorism; 35
(3) Common symptoms and methods of treatment associated 36
with exposure to, or injuries caused by, chemical, biological, 37
radioactive and nuclear agents; 38
(4) Syndromic surveillance and reporting procedures for acts 39
of terrorism that involve biological agents; and 40
(5) An overview of the information available on, and the use 41
of, the Health Alert Network. 42
(c) Must provide for the completion by a holder of a license to 43
practice medicine of a course of instruction within 2 years after 44
initial licensure that provides at least 2 hours of instruction on 45
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evidence-based suicide prevention and awareness as described in 1
subsection 6. 2
(d) Must provide for the completion of at least 2 hours of 3
training in the screening, brief intervention and referral to treatment 4
approach to substance use disorder within 2 years after initial 5
licensure. 6
(e) Must provide for the biennial completion by each 7
psychiatrist and each physician assistant practicing under the 8
supervision of a psychiatrist of one or more courses of instruction 9
that provide at least 2 hours of instruction relating to cultural 10
competency and diversity, equity and inclusion. Such instruction: 11
(1) May include the training provided pursuant to NRS 12
449.103 [,] or section 34 of this act, where applicable. 13
(2) Must be based upon a range of research from diverse 14
sources. 15
(3) Must address persons of different cultural backgrounds, 16
including, without limitation: 17
(I) Persons from various gender, racial and ethnic 18
backgrounds; 19
(II) Persons from various religious backgrounds; 20
(III) Lesbian, gay, bisexual, transgender and questioning 21
persons; 22
(IV) Children and senior citizens; 23
(V) Veterans; 24
(VI) Persons with a mental illness; 25
(VII) Persons with an intellectual disability, 26
developmental disability or physical disability; and 27
(VIII) Persons who are part of any other population that a 28
psychiatrist or a physician assistant practicing under the supervision 29
of a psychiatrist may need to better understand, as determined by the 30
Board. 31
(f) Must allow the holder of a license to receive credit toward 32
the total amount of continuing education required by the Board for 33
the completion of a course of instruction relating to genetic 34
counseling and genetic testing. 35
(g) Must provide for the completion by a physician or physician 36
assistant who provides or supervises the provision of emergency 37
medical services in a hospital or primary care of at least 2 hours of 38
training in the stigma, discrimination and unrecognized bias toward 39
persons who have acquired or are at a high risk of acquiring human 40
immunodeficiency virus within 2 years after beginning to provide or 41
supervise the provision of such services or care. 42
3. The Board may determine whether to include in a program 43
of continuing education courses of instruction relating to the 44
medical consequences of an act of terrorism that involves the use of 45
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a weapon of mass destruction in addition to the course of instruction 1
required by paragraph (b) of subsection 2. 2
4. The Board shall encourage each holder of a license who 3
treats or cares for persons who are more than 60 years of age to 4
receive, as a portion of their continuing education, education in 5
geriatrics and gerontology, including such topics as: 6
(a) The skills and knowledge that the licensee needs to address 7
aging issues; 8
(b) Approaches to providing health care to older persons, 9
including both didactic and clinical approaches; 10
(c) The biological, behavioral, social and emotional aspects of 11
the aging process; and 12
(d) The importance of maintenance of function and 13
independence for older persons. 14
5. The Board shall encourage each holder of a license to 15
practice medicine to receive, as a portion of his or her continuing 16
education, training concerning methods for educating patients about 17
how to effectively manage medications, including, without 18
limitation, the ability of the patient to request to have the symptom 19
or purpose for which a drug is prescribed included on the label 20
attached to the container of the drug. 21
6. The Board shall require each holder of a license to practice 22
medicine to receive as a portion of his or her continuing education at 23
least 2 hours of instruction every 4 years on evidence-based suicide 24
prevention and awareness, which may include, without limitation, 25
instruction concerning: 26
(a) The skills and knowledge that the licensee needs to detect 27
behaviors that may lead to suicide, including, without limitation, 28
post-traumatic stress disorder; 29
(b) Approaches to engaging other professionals in suicide 30
intervention; and 31
(c) The detection of suicidal thoughts and ideations and the 32
prevention of suicide. 33
7. The Board shall encourage each holder of a license to 34
practice medicine or as a physician assistant to receive, as a portion 35
of his or her continuing education, training and education in the 36
diagnosis of rare diseases, including, without limitation: 37
(a) Recognizing the symptoms of pediatric cancer; and 38
(b) Interpreting family history to determine whether such 39
symptoms indicate a normal childhood illness or a condition that 40
requires additional examination. 41
8. A holder of a license to practice medicine may not substitute 42
the continuing education credits relating to suicide prevention and 43
awareness required by this section for the purposes of satisfying an 44
equivalent requirement for continuing education in ethics. 45
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9. Except as otherwise provided in NRS 630.2535, a holder of 1
a license to practice medicine may substitute not more than 2 hours 2
of continuing education credits in pain management, care for 3
persons with an addictive disorder or the screening, brief 4
intervention and referral to treatment approach to substance use 5
disorder for the purposes of satisfying an equivalent requirement for 6
continuing education in ethics. 7
10. As used in this section: 8
(a) “Act of terrorism” has the meaning ascribed to it in 9
NRS 202.4415. 10
(b) “Biological agent” has the meaning ascribed to it in 11
NRS 202.442. 12
(c) “Chemical agent” has the meaning ascribed to it in 13
NRS 202.4425. 14
(d) “Primary care” means the practice of family medicine, 15
pediatrics, internal medicine, obstetrics and gynecology and 16
midwifery. 17
(e) “Radioactive agent” has the meaning ascribed to it in 18
NRS 202.4437. 19
(f) “Weapon of mass destruction” has the meaning ascribed to it 20
in NRS 202.4445. 21
Sec. 136. NRS 630A.110 is hereby amended to read as 22
follows: 23
630A.110 1. Two members of the Board must be persons 24
who are licensed to practice allopathic or osteopathic medicine in 25
any state or country, the District of Columbia or a territory or 26
possession of the United States, have been engaged in the practice 27
of homeopathic medicine in this State for a period of more than 2 28
years preceding their respective appointments, are actually engaged 29
in the practice of homeopathic medicine in this State and are 30
residents of this State. 31
2. One member of the Board must be an advanced practitioner 32
of homeopathy who holds a valid certificate granted by the Board 33
pursuant to NRS 630A.293. 34
3. One member of the Board must be a person who has resided 35
in this State for at least 3 years and who represents the interests of 36
persons or agencies that regularly provide health care to patients 37
who are indigent, uninsured or unable to afford health care. This 38
member may be licensed under the provisions of this chapter. 39
4. The remaining two members of the Board must be persons 40
who: 41
(a) Are not licensed in any state to practice any healing art; 42
(b) Are not the spouse or the parent or child, by blood, marriage 43
or adoption, of a person licensed in any state to practice any healing 44
art; 45
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(c) Are not actively engaged in the administration of any 1
medical facility or facility for the dependent as defined in chapter 2
449 of NRS [;] or any agency to provide personal care services in 3
the home as defined in section 3 of this act; 4
(d) Do not have a pecuniary interest in any matter pertaining to 5
such a facility [,] or agency, except as a patient or potential patient; 6
and 7
(e) Have resided in this State for at least 3 years. 8
5. The members of the Board must be selected without regard 9
to their individual political beliefs. 10
6. As used in this section, “healing art” means any system, 11
treatment, operation, diagnosis, prescription or practice for the 12
ascertainment, cure, relief, palliation, adjustment or correction of 13
any human disease, ailment, deformity, injury, or unhealthy or 14
abnormal physical or mental condition for the practice of which 15
long periods of specialized education and training and a degree of 16
specialized knowledge of an intellectual as well as physical nature 17
are required. 18
Sec. 137. NRS 632.343 is hereby amended to read as follows: 19
632.343 1. The Board shall not renew any license issued 20
under this chapter until the licensee has submitted proof satisfactory 21
to the Board of completion, during the 2-year period before renewal 22
of the license, of 30 hours in a program of continuing education 23
approved by the Board in accordance with regulations adopted by 24
the Board. Except as otherwise provided in subsection 3, the 25
licensee is exempt from this provision for the first biennial period 26
after graduation from: 27
(a) An accredited school of professional nursing; 28
(b) An accredited school of practical nursing; 29
(c) An approved school of professional nursing in the process of 30
obtaining accreditation; or 31
(d) An approved school of practical nursing in the process of 32
obtaining accreditation. 33
2. The Board shall review all courses offered to nurses for the 34
completion of the requirement set forth in subsection 1. The Board 35
may approve nursing and other courses which are directly related to 36
the practice of nursing as well as others which bear a reasonable 37
relationship to current developments in the field of nursing or any 38
special area of practice in which a licensee engages. These may 39
include academic studies, workshops, extension studies, home study 40
and other courses. 41
3. The program of continuing education required by subsection 42
1 must include: 43
(a) For a person licensed as an advanced practice registered 44
nurse: 45
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(1) A course of instruction to be completed within 2 years 1
after initial licensure that provides at least 2 hours of instruction on 2
suicide prevention and awareness as described in subsection 6. 3
(2) The ability to receive credit toward the total amount of 4
continuing education required by subsection 1 for the completion of 5
a course of instruction relating to genetic counseling and genetic 6
testing. 7
(b) For each person licensed pursuant to this chapter, a course of 8
instruction, to be completed within 2 years after initial licensure, 9
relating to the medical consequences of an act of terrorism that 10
involves the use of a weapon of mass destruction. The course must 11
provide at least 4 hours of instruction that includes instruction in the 12
following subjects: 13
(1) An overview of acts of terrorism and weapons of mass 14
destruction; 15
(2) Personal protective equipment required for acts of 16
terrorism; 17
(3) Common symptoms and methods of treatment associated 18
with exposure to, or injuries caused by, chemical, biological, 19
radioactive and nuclear agents; 20
(4) Syndromic surveillance and reporting procedures for acts 21
of terrorism that involve biological agents; and 22
(5) An overview of the information available on, and the use 23
of, the Health Alert Network. 24
(c) For each person licensed pursuant to this chapter, one or 25
more courses of instruction that provide at least 4 hours of 26
instruction relating to cultural competency and diversity, equity and 27
inclusion to be completed biennially. Such instruction: 28
(1) May include the training provided pursuant to NRS 29
449.103 [,] or section 34 of this act, where applicable. 30
(2) Must be based upon a range of research from diverse 31
sources. 32
(3) Must address persons of different cultural backgrounds, 33
including, without limitation: 34
(I) Persons from various gender, racial and ethnic 35
backgrounds; 36
(II) Persons from various religious backgrounds; 37
(III) Lesbian, gay, bisexual, transgender and questioning 38
persons; 39
(IV) Children and senior citizens; 40
(V) Veterans; 41
(VI) Persons with a mental illness; 42
(VII) Persons with an intellectual disability, 43
developmental disability or physical disability; and 44
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(VIII) Persons who are part of any other population that a 1
person licensed pursuant to this chapter may need to better 2
understand, as determined by the Board. 3
(d) For a person licensed as an advanced practice registered 4
nurse, at least 2 hours of training in the screening, brief intervention 5
and referral to treatment approach to substance use disorder to be 6
completed within 2 years after initial licensure. 7
(e) For each person licensed pursuant to this chapter who 8
provides or supervises the provision of emergency medical services 9
in a hospital or primary care, at least 2 hours of training in the 10
stigma, discrimination and unrecognized bias toward persons who 11
have acquired or are at a high risk of acquiring human 12
immunodeficiency virus to be completed within 2 years after 13
beginning to provide or supervise the provision of such services or 14
care. 15
4. The Board may determine whether to include in a program 16
of continuing education courses of instruction relating to the 17
medical consequences of an act of terrorism that involves the use of 18
a weapon of mass destruction in addition to the course of instruction 19
required by paragraph (b) of subsection 3. 20
5. The Board shall encourage each licensee who treats or cares 21
for persons who are more than 60 years of age to receive, as a 22
portion of their continuing education, education in geriatrics and 23
gerontology, including such topics as: 24
(a) The skills and knowledge that the licensee needs to address 25
aging issues; 26
(b) Approaches to providing health care to older persons, 27
including both didactic and clinical approaches; 28
(c) The biological, behavioral, social and emotional aspects of 29
the aging process; and 30
(d) The importance of maintenance of function and 31
independence for older persons. 32
6. The Board shall require each person licensed as an advanced 33
practice registered nurse to receive as a portion of his or her 34
continuing education at least 2 hours of instruction every 4 years on 35
evidence-based suicide prevention and awareness or another course 36
of instruction on suicide prevention and awareness that is approved 37
by the Board which the Board has determined to be effective and 38
appropriate. 39
7. The Board shall encourage each person licensed as an 40
advanced practice registered nurse to receive, as a portion of his or 41
her continuing education, training and education in the diagnosis of 42
rare diseases, including, without limitation: 43
(a) Recognizing the symptoms of pediatric cancer; and 44
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(b) Interpreting family history to determine whether such 1
symptoms indicate a normal childhood illness or a condition that 2
requires additional examination. 3
8. As used in this section: 4
(a) “Act of terrorism” has the meaning ascribed to it in 5
NRS 202.4415. 6
(b) “Biological agent” has the meaning ascribed to it in 7
NRS 202.442. 8
(c) “Chemical agent” has the meaning ascribed to it in 9
NRS 202.4425. 10
(d) “Primary care” means the practice of family medicine, 11
pediatrics, internal medicine, obstetrics and gynecology and 12
midwifery. 13
(e) “Radioactive agent” has the meaning ascribed to it in 14
NRS 202.4437. 15
(f) “Weapon of mass destruction” has the meaning ascribed to it 16
in NRS 202.4445. 17
Sec. 138. NRS 632.472 is hereby amended to read as follows: 18
632.472 1. The following persons shall report in writing to 19
the Executive Director of the Board any conduct of a licensee or 20
holder of a certificate which constitutes a violation of the provisions 21
of this chapter: 22
(a) Any physician, dentist, dental hygienist, expanded function 23
dental assistant, naprapath, chiropractic physician, optometrist, 24
podiatric physician, medical examiner, resident, intern, professional 25
or practical nurse, nursing assistant, medication aide - certified, 26
perfusionist, physician assistant licensed pursuant to chapter 630 or 27
633 of NRS, anesthesiologist assistant, psychiatrist, psychologist, 28
marriage and family therapist, clinical professional counselor, 29
alcohol or drug counselor, peer recovery support specialist, peer 30
recovery support specialist supervisor, music therapist, holder of a 31
license or limited license issued pursuant to chapter 653 of NRS, 32
driver of an ambulance, paramedic or other person providing 33
medical services licensed or certified to practice in this State. 34
(b) Any personnel of a medical facility or facility for the 35
dependent engaged in the admission, examination, care or treatment 36
of persons or an administrator, manager or other person in charge of 37
a medical facility or facility for the dependent upon notification by a 38
member of the staff of the facility. 39
(c) A coroner. 40
(d) Any person who maintains or is employed by an agency to 41
provide personal care services in the home. 42
(e) Any person who operates, who is employed by or who 43
contracts to provide services for an intermediary service 44
organization as defined in [NRS 449.4304.] section 59 of this act. 45
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(f) Any person who maintains or is employed by an agency to 1
provide nursing in the home. 2
(g) Any employee of the Department of Health and Human 3
Services. 4
(h) Any employee of a law enforcement agency or a county’s 5
office for protective services or an adult or juvenile probation 6
officer. 7
(i) Any person who maintains or is employed by a facility or 8
establishment that provides care for older persons. 9
(j) Any person who maintains, is employed by or serves as a 10
volunteer for an agency or service which advises persons regarding 11
the abuse, neglect or exploitation of an older person and refers them 12
to persons and agencies where their requests and needs can be met. 13
(k) Any social worker. 14
(l) Any person who operates or is employed by a community 15
health worker pool or with whom a community health worker pool 16
contracts to provide the services of a community health worker, as 17
defined in NRS 449.0027. 18
2. Every physician who, as a member of the staff of a medical 19
facility or facility for the dependent, has reason to believe that a 20
nursing assistant or medication aide - certified has engaged in 21
conduct which constitutes grounds for the denial, suspension or 22
revocation of a certificate shall notify the superintendent, manager 23
or other person in charge of the facility. The superintendent, 24
manager or other person in charge shall make a report as required in 25
subsection 1. 26
3. A report may be filed by any other person. 27
4. Any person who in good faith reports any violation of the 28
provisions of this chapter to the Executive Director of the Board 29
pursuant to this section is immune from civil liability for reporting 30
the violation. 31
5. As used in this section: 32
(a) “Agency to provide personal care services in the home” has 33
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act. 34
(b) “Community health worker pool” has the meaning ascribed 35
to it in NRS 449.0028. 36
(c) “Peer recovery support specialist” has the meaning ascribed 37
to it in NRS 433.627. 38
(d) “Peer recovery support specialist supervisor” has the 39
meaning ascribed to it in NRS 433.629. 40
Sec. 139. NRS 633.191 is hereby amended to read as follows: 41
633.191 1. Five members of the Board must: 42
(a) Be licensed under this chapter; 43
(b) Be actually engaged in the practice of osteopathic medicine 44
in this State; and 45
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(c) Have been so engaged in this State for a period of more than 1
5 years preceding their appointment. 2
2. One member of the Board must be a resident of the State of 3
Nevada and must represent the interests of persons or agencies that 4
regularly provide health care to patients who are indigent, uninsured 5
or unable to afford health care. This member must not be licensed 6
under the provisions of this chapter. 7
3. The remaining member of the Board must be a resident of 8
the State of Nevada who is: 9
(a) Not licensed in any state to practice any healing art; 10
(b) Not the spouse or the parent or child, by blood, marriage or 11
adoption, of a person licensed in any state to practice any healing 12
art; and 13
(c) Not actively engaged in the administration of any medical 14
facility or facility for the dependent as defined in chapter 449 of 15
NRS [.] or any agency to provide personal care services in the 16
home as defined in section 3 of this act. 17
Sec. 140. NRS 633.471 is hereby amended to read as follows: 18
633.471 1. Except as otherwise provided in subsection 15 19
and NRS 633.491, every holder of a license, except a physician 20
assistant or an anesthesiologist assistant, issued under this chapter, 21
except a temporary or a special license, may renew the license on or 22
before January 1 of each calendar year after its issuance by: 23
(a) Applying for renewal on forms provided by the Board; 24
(b) Paying the annual license renewal fee specified in this 25
chapter; 26
(c) Submitting a list of all actions filed or claims submitted to 27
arbitration or mediation for malpractice or negligence against the 28
holder during the previous year; 29
(d) Subject to subsection 14, submitting evidence to the Board 30
that in the year preceding the application for renewal the holder has 31
attended courses or programs of continuing education approved by 32
the Board in accordance with regulations adopted by the Board 33
totaling a number of hours established by the Board which must not 34
be less than 35 hours nor more than that set in the requirements for 35
continuing medical education of the American Osteopathic 36
Association; and 37
(e) Submitting all information required to complete the renewal. 38
2. The Secretary of the Board shall notify each licensee of the 39
requirements for renewal not less than 30 days before the date of 40
renewal. 41
3. The Board shall request submission of verified evidence of 42
completion of the required number of hours of continuing medical 43
education annually from a percentage of the applicants for renewal 44
of a license to practice osteopathic medicine or a license to practice 45
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as a physician assistant or anesthesiologist assistant determined by 1
the Board. Subject to subsection 14, upon a request from the Board, 2
an applicant for renewal of a license to practice osteopathic 3
medicine or a license to practice as a physician assistant or 4
anesthesiologist assistant shall submit verified evidence satisfactory 5
to the Board that in the year preceding the application for renewal 6
the applicant attended courses or programs of continuing medical 7
education approved by the Board totaling the number of hours 8
established by the Board. 9
4. The Board shall require each holder of a license to practice 10
osteopathic medicine to complete a course of instruction within 2 11
years after initial licensure that provides at least 2 hours of 12
instruction on evidence-based suicide prevention and awareness as 13
described in subsection 9. 14
5. The Board shall encourage each holder of a license to 15
practice osteopathic medicine to receive, as a portion of his or her 16
continuing education, training concerning methods for educating 17
patients about how to effectively manage medications, including, 18
without limitation, the ability of the patient to request to have the 19
symptom or purpose for which a drug is prescribed included on the 20
label attached to the container of the drug. 21
6. The Board shall encourage each holder of a license to 22
practice osteopathic medicine or as a physician assistant to receive, 23
as a portion of his or her continuing education, training and 24
education in the diagnosis of rare diseases, including, without 25
limitation: 26
(a) Recognizing the symptoms of pediatric cancer; and 27
(b) Interpreting family history to determine whether such 28
symptoms indicate a normal childhood illness or a condition that 29
requires additional examination. 30
7. The Board shall require, as part of the continuing education 31
requirements approved by the Board, the biennial completion by a 32
holder of a license to practice osteopathic medicine of at least 2 33
hours of continuing education credits in ethics, pain management, 34
care of persons with addictive disorders or the screening, brief 35
intervention and referral to treatment approach to substance use 36
disorder. 37
8. The continuing education requirements approved by the 38
Board must allow the holder of a license as an osteopathic 39
physician, physician assistant or anesthesiologist assistant to receive 40
credit toward the total amount of continuing education required by 41
the Board for the completion of a course of instruction relating to 42
genetic counseling and genetic testing. 43
9. The Board shall require each holder of a license to practice 44
osteopathic medicine to receive as a portion of his or her continuing 45
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education at least 2 hours of instruction every 4 years on evidence-1
based suicide prevention and awareness which may include, without 2
limitation, instruction concerning: 3
(a) The skills and knowledge that the licensee needs to detect 4
behaviors that may lead to suicide, including, without limitation, 5
post-traumatic stress disorder; 6
(b) Approaches to engaging other professionals in suicide 7
intervention; and 8
(c) The detection of suicidal thoughts and ideations and the 9
prevention of suicide. 10
10. A holder of a license to practice osteopathic medicine may 11
not substitute the continuing education credits relating to suicide 12
prevention and awareness required by this section for the purposes 13
of satisfying an equivalent requirement for continuing education in 14
ethics. 15
11. The Board shall require each holder of a license to practice 16
osteopathic medicine to complete at least 2 hours of training in the 17
screening, brief intervention and referral to treatment approach to 18
substance use disorder within 2 years after initial licensure. 19
12. The Board shall require each psychiatrist or a physician 20
assistant practicing under the supervision of a psychiatrist to 21
biennially complete one or more courses of instruction that provide 22
at least 2 hours of instruction relating to cultural competency and 23
diversity, equity and inclusion. Such instruction: 24
(a) May include the training provided pursuant to NRS 449.103 25
[,] or section 34 of this act, where applicable. 26
(b) Must be based upon a range of research from diverse 27
sources. 28
(c) Must address persons of different cultural backgrounds, 29
including, without limitation: 30
(1) Persons from various gender, racial and ethnic 31
backgrounds; 32
(2) Persons from various religious backgrounds; 33
(3) Lesbian, gay, bisexual, transgender and questioning 34
persons; 35
(4) Children and senior citizens; 36
(5) Veterans; 37
(6) Persons with a mental illness; 38
(7) Persons with an intellectual disability, developmental 39
disability or physical disability; and 40
(8) Persons who are part of any other population that a 41
psychiatrist or physician assistant practicing under the supervision 42
of a psychiatrist may need to better understand, as determined by the 43
Board. 44
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13. The Board shall require each holder of a license to practice 1
osteopathic medicine or as a physician assistant who provides or 2
supervises the provision of emergency medical services in a hospital 3
or primary care to complete at least 2 hours of training in the stigma, 4
discrimination and unrecognized bias toward persons who have 5
acquired or are at a high risk of acquiring human immunodeficiency 6
virus within 2 years after beginning to provide or supervise the 7
provision of such services or care. 8
14. The Board shall not require a physician assistant to receive 9
or maintain certification by the National Commission on 10
Certification of Physician Assistants, or its successor organization, 11
or by any other nationally recognized organization for the 12
accreditation of physician assistants to satisfy any continuing 13
education requirement pursuant to paragraph (d) of subsection 1 and 14
subsection 3. 15
15. Members of the Armed Forces of the United States and the 16
United States Public Health Service are exempt from payment of the 17
annual license renewal fee during their active duty status. 18
16. As used in this section, “primary care” means the practice 19
of family medicine, pediatrics, internal medicine, obstetrics and 20
gynecology and midwifery. 21
Sec. 141. NRS 641.220 is hereby amended to read as follows: 22
641.220 1. To renew a license issued pursuant to this chapter, 23
each person must, on or before the first day of January of each odd-24
numbered year: 25
(a) Apply to the Board for renewal; 26
(b) Pay the biennial fee for the renewal of a license; 27
(c) Submit evidence to the Board of completion of the 28
requirements for continuing education as set forth in regulations 29
adopted by the Board; and 30
(d) Submit all information required to complete the renewal. 31
2. Upon renewing his or her license, a psychologist shall 32
declare his or her areas of competence, as determined in accordance 33
with NRS 641.112. 34
3. The Board shall, as a prerequisite for the renewal of a 35
license, require each holder to comply with the requirements for 36
continuing education adopted by the Board. 37
4. The requirements for continuing education adopted by the 38
Board pursuant to subsection 3 must include, without limitation: 39
(a) A requirement that the holder of a license receive at least 2 40
hours of instruction on evidence-based suicide prevention and 41
awareness or another course of instruction on suicide prevention and 42
awareness that is approved by the Board which the Board has 43
determined to be effective and appropriate. The hours of instruction 44
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required by this paragraph must be completed within 2 years after 1
initial licensure and at least every 4 years thereafter. 2
(b) A requirement that the holder of a license must biennially 3
receive at least 6 hours of instruction relating to cultural competency 4
and diversity, equity and inclusion. Such instruction: 5
(1) May include the training provided pursuant to NRS 6
449.103 [,] or section 34 of this act, where applicable. 7
(2) Must be based upon a range of research from diverse 8
sources. 9
(3) Must address persons of different cultural backgrounds, 10
including, without limitation: 11
(I) Persons from various gender, racial and ethnic 12
backgrounds; 13
(II) Persons from various religious backgrounds; 14
(III) Lesbian, gay, bisexual, transgender and questioning 15
persons; 16
(IV) Children and senior citizens; 17
(V) Veterans; 18
(VI) Persons with a mental illness; 19
(VII) Persons with an intellectual disability, 20
developmental disability or physical disability; and 21
(VIII) Persons who are part of any other population that 22
the holder of a license may need to better understand, as determined 23
by the Board. 24
Sec. 142. NRS 641A.260 is hereby amended to read as 25
follows: 26
641A.260 1. To renew a license to practice as a marriage and 27
family therapist or clinical professional counselor issued pursuant to 28
this chapter, each person must, on or before 10 business days after 29
the date of expiration of his or her current license: 30
(a) Apply to the Board for renewal; 31
(b) Pay the fee for the biennial renewal of a license set by the 32
Board; 33
(c) Submit evidence to the Board of completion of the 34
requirements for continuing education as set forth in regulations 35
adopted by the Board, unless the Board has granted a waiver 36
pursuant to NRS 641A.265; and 37
(d) Submit all information required to complete the renewal. 38
2. Except as otherwise provided in NRS 641A.265, the Board 39
shall, as a prerequisite for the renewal of a license to practice as a 40
marriage and family therapist or clinical professional counselor, 41
require each holder to comply with the requirements for continuing 42
education adopted by the Board, which must include, without 43
limitation: 44
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(a) A requirement that the holder receive at least 2 hours of 1
instruction on evidence-based suicide prevention and awareness or 2
another course of instruction on suicide prevention and awareness 3
that is approved by the Board which the Board has determined to be 4
effective and appropriate. 5
(b) A requirement that the holder receive at least 6 hours of 6
instruction relating to cultural competency and diversity, equity and 7
inclusion. Such instruction: 8
(1) May include the training provided pursuant to NRS 9
449.103 [,] or section 34 of this act, where applicable. 10
(2) Must be based upon a range of research from diverse 11
sources. 12
(3) Must address persons of different cultural backgrounds, 13
including, without limitation: 14
(I) Persons from various gender, racial and ethnic 15
backgrounds; 16
(II) Persons from various religious backgrounds; 17
(III) Lesbian, gay, bisexual, transgender and questioning 18
persons; 19
(IV) Children and senior citizens; 20
(V) Veterans; 21
(VI) Persons with a mental illness; 22
(VII) Persons with an intellectual disability, 23
developmental disability or physical disability; and 24
(VIII) Persons who are part of any other population that a 25
marriage and family therapist or clinical professional counselor may 26
need to better understand, as determined by the Board. 27
Sec. 143. NRS 641B.280 is hereby amended to read as 28
follows: 29
641B.280 1. Every holder of a license issued pursuant to this 30
chapter may renew his or her license annually by: 31
(a) Applying to the Board for renewal; 32
(b) Paying the annual renewal fee set by the Board; 33
(c) Except as otherwise provided in NRS 641B.295, submitting 34
evidence to the Board of completion of the required continuing 35
education as set forth in regulations adopted by the Board; and 36
(d) Submitting all information required to complete the renewal. 37
2. Except as otherwise provided in NRS 641B.295, the Board 38
shall, as a prerequisite for the renewal of a license, require the 39
holder to comply with the requirements for continuing education 40
adopted by the Board, which must include, without limitation: 41
(a) A requirement that every 2 years the holder receive at least 2 42
hours of instruction on evidence-based suicide prevention and 43
awareness or another course of instruction on suicide prevention and 44
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awareness that is approved by the Board which the Board has 1
determined to be effective and appropriate. 2
(b) A requirement that every 2 years the holder receive at least 6 3
hours of instruction relating to cultural competency and diversity, 4
equity and inclusion. Such instruction: 5
(1) May include the training provided pursuant to NRS 6
449.103 [,] or section 34 of this act, where applicable. 7
(2) Must be based upon a range of research from diverse 8
sources. 9
(3) Must address persons of different cultural backgrounds, 10
including, without limitation: 11
(I) Persons from various gender, racial and ethnic 12
backgrounds; 13
(II) Persons from various religious backgrounds; 14
(III) Lesbian, gay, bisexual, transgender and questioning 15
persons; 16
(IV) Children and senior citizens; 17
(V) Veterans; 18
(VI) Persons with a mental illness; 19
(VII) Persons with an intellectual disability, 20
developmental disability or physical disability; and 21
(VIII) Persons who are part of any other population that 22
the holder of a license issued pursuant to this chapter may need to 23
better understand, as determined by the Board. 24
Sec. 144. NRS 641C.450 is hereby amended to read as 25
follows: 26
641C.450 Except as otherwise provided in NRS 641C.310, 27
641C.320, 641C.440 and 641C.530, a person may renew his or her 28
license or certificate by submitting to the Board: 29
1. An application for the renewal of the license or certificate. 30
2. The fee for the renewal of a license or certificate prescribed 31
in NRS 641C.470. 32
3. Evidence of completion of the continuing education required 33
by the Board, which must include, without limitation: 34
(a) A requirement that the applicant receive at least 1 hour of 35
instruction on evidence-based suicide prevention and awareness or 36
another course of instruction on suicide prevention and awareness 37
that is approved by the Board which the Board has determined to be 38
effective and appropriate for each year of the term of the applicant’s 39
licensure or certification. 40
(b) A requirement that the applicant receive at least 3 hours of 41
instruction relating to cultural competency and diversity, equity and 42
inclusion for each year of the term of the applicant’s licensure or 43
certification. Such instruction: 44
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(1) May include the training provided pursuant to NRS 1
449.103 [,] or section 34 of this act, where applicable. 2
(2) Must be based upon a range of research from diverse 3
sources. 4
(3) Must address persons of different cultural backgrounds, 5
including, without limitation: 6
(I) Persons from various gender, racial and ethnic 7
backgrounds; 8
(II) Persons from various religious backgrounds; 9
(III) Lesbian, gay, bisexual, transgender and questioning 10
persons; 11
(IV) Children and senior citizens; 12
(V) Veterans; 13
(VI) Persons with a mental illness; 14
(VII) Persons with an intellectual disability, 15
developmental disability or physical disability; and 16
(VIII) Persons who are part of any other population that 17
the holder of a license or certificate may need to better understand, 18
as determined by the Board. 19
4. If the applicant is a certified intern, the name of the licensed 20
or certified counselor who supervises the applicant. 21
5. All information required to complete the renewal. 22
Sec. 145. NRS 641D.360 is hereby amended to read as 23
follows: 24
641D.360 1. To renew a license as a behavior analyst or 25
assistant behavior analyst or registration as a registered behavior 26
technician, each person must, on or before the first day of January of 27
each odd-numbered year: 28
(a) Apply to the Board for renewal; 29
(b) Pay the biennial fee for the renewal of a license or 30
registration; 31
(c) Submit evidence to the Board: 32
(1) Of completion of the requirements for continuing 33
education as set forth in regulations adopted by the Board, if 34
applicable; and 35
(2) That the person’s certification or registration, as 36
applicable, by the Behavior Analyst Certification Board, Inc., or its 37
successor organization, remains valid and the holder remains in 38
good standing; and 39
(d) Submit all information required to complete the renewal. 40
2. In addition to the requirements of subsection 1, to renew 41
registration as a registered behavior technician for the third time and 42
every third renewal thereafter, a person must submit to an 43
investigation of his or her criminal history in the manner prescribed 44
in paragraph (b) of subsection 1 of NRS 641D.300. 45
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3. The Board shall adopt regulations that require, as a 1
prerequisite for the renewal of a license as a behavior analyst or 2
assistant behavior analyst, each holder to complete continuing 3
education, which must: 4
(a) Be consistent with nationally recognized standards for the 5
continuing education of behavior analysts or assistant behavior 6
analysts, as applicable. 7
(b) Include, without limitation, a requirement that the holder of a 8
license receive at least 2 hours of instruction on evidence-based 9
suicide prevention and awareness. 10
(c) Include, without limitation, a requirement that the holder of a 11
license as a behavior analyst receive at least 6 hours of instruction 12
relating to cultural competency and diversity, equity and inclusion. 13
Such instruction: 14
(1) May include the training provided pursuant to NRS 15
449.103 [,] or section 34 of this act, where applicable. 16
(2) Must be based upon a range of research from diverse 17
sources. 18
(3) Must address persons of different cultural backgrounds, 19
including, without limitation: 20
(I) Persons from various gender, racial and ethnic 21
backgrounds; 22
(II) Persons from various religious backgrounds; 23
(III) Lesbian, gay, bisexual, transgender and questioning 24
persons; 25
(IV) Children and senior citizens; 26
(V) Veterans; 27
(VI) Persons with a mental illness; 28
(VII) Persons with an intellectual disability, 29
developmental disability or physical disability; and 30
(VIII) Persons who are part of any other population that a 31
behavior analyst may need to better understand, as determined by 32
the Board. 33
4. The Board shall not adopt regulations requiring a registered 34
behavior technician to receive continuing education. 35
Sec. 146. NRS 652.074 is hereby amended to read as follows: 36
652.074 The provisions of this chapter do not apply to any: 37
1. Test or examination conducted by a law enforcement officer 38
or agency; 39
2. Test or examination required by a court as a part of or in 40
addition to a program of treatment and rehabilitation pursuant to 41
NRS 176A.230; or 42
3. Task performed in accordance with the regulations adopted 43
by the Board pursuant to NRS 449.0304 or [449.4309.] section 14 44
or 61 of this act. 45
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Sec. 147. 1. The provisions of NAC 449.395 to 449.39561, 1
inclusive, 449.396 to 449.3982, inclusive, and 449.870 to 449.882, 2
inclusive, shall be deemed to have been adopted pursuant to section 3
9, 13, 14, 48, 60, 61, 63, 66, 72, 73, 75, 77, 79, 81, 83, 86, 87 or 88 4
of this act, as applicable, and continue in effect until amended or 5
repealed. The Legislative Counsel shall, in preparing supplements to 6
the Nevada Administrative Code, move the regulations described in 7
this subsection from chapter 449 of the Nevada Administrative Code 8
to a new chapter of the Nevada Administrative Code that 9
corresponds with the chapter of the Nevada Revised Statutes 10
consisting of sections 2 to 90, inclusive, of this act. 11
2. As soon as practicable after the effective date of this act, the 12
State Board of Health shall adopt regulations to replace any 13
regulations adopted by the State Board of Health that have been 14
codified in chapter 449 of the Nevada Administrative Code and 15
apply to agencies to provide personal care services in the home, 16
employment agencies to provide nonmedical services or 17
intermediary service organizations, other than the regulations 18
described in subsection 1. The existing regulations described in this 19
section continue to apply to those entities until the effective date of 20
the regulations adopted pursuant to this section. 21
3. As used in this section: 22
(a) “Agency to provide personal care services in the home” has 23
the meaning ascribed to it in section 3 of this act. 24
(b) “Employment agency” means an employment agency 25
licensed pursuant to section 9 of this act. 26
(c) “Intermediary service organization” has the meaning 27
ascribed to it in section 59 of this act. 28
Sec. 148. 1. A license to operate an agency to provide 29
personal care services in the home issued pursuant to NRS 449.080, 30
a license to operate an employment agency that contracts with 31
persons in this State to provide nonmedical services related to 32
personal care to elderly persons or persons with disabilities in the 33
home issued by the State Board of Health pursuant to NRS 34
449.03005 or a certificate to operate an intermediary service 35
organization issued by the Division pursuant to NRS 449.4317 that 36
is valid on the effective date of this act, remains valid until its date 37
of expiration, if the holder of the license or certificate otherwise 38
remains qualified for the issuance or renewal of the license or 39
certificate on or after the effective date of this act. 40
2. Any valid training completed on or before the effective date 41
of this act, by a person required by an operator, employee or 42
contractor of an agency to provide personal care services in the 43
home, an employment agency to provide nonmedical services or an 44
intermediary service organization or an applicant for a license or 45
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certificate to operate such an agency or organization pursuant to 1
NRS 449.03005, 449.0304, 449.0925, 449.093, 449.103, 449.194 or 2
449.4309 remains valid for the purposes for which it was completed. 3
3. Any disciplinary or other administrative action taken by the 4
Division against an agency to provide personal care services in the 5
home, employment agency that contracts with persons in this State 6
to provide nonmedical services or intermediary service organization 7
that is effective on the effective date of this act, remains in effect 8
after that date until the expiration of the action. 9
4. As used in this section: 10
(a) “Agency to provide personal care services in the home” has 11
the meaning ascribed to it in section 3 of this act. 12
(b) “Division” means Division of Public and Behavioral Health 13
of the Department of Health and Human Services. 14
(c) “Employment agency to provide nonmedical services” 15
means an employment agency licensed pursuant to section 9 of this 16
act. 17
(d) “Intermediary service organization” has the meaning 18
ascribed to it in section 59 of this act. 19
Sec. 149. The provisions of subsection 1 of NRS 218D.380 do 20
not apply to any provision of this act which adds or revises a 21
requirement to submit a report to the Legislature. 22
Sec. 150. NRS 449.0021, 449.00325, 449.01517, 449.03005, 23
449.03017, 449.1935, 449.4304, 449.4308, 449.4309, 449.431, 24
449.4311, 449.4312, 449.4313, 449.4314, 449.4315, 449.4316, 25
449.4317, 449.4318, 449.4319, 449.432, 449.4321, 449.4322, 26
449.4324, 449.4325, 449.4327, 449.4329, 449.43295, 449.433, 27
449.4331, 449.4332, 449.4335, 449.4336, 449.4337, 449.4338 and 28
449.4339 are hereby repealed. 29
Sec. 151. 1. This act becomes effective upon passage and 30
approval. 31
2. Sections 20, 21, 50, 64, 65 and 76 of this act expire by 32
limitation on the date of the repeal of the provisions of 42 U.S.C. § 33
666 requiring each state to establish procedures under which the 34
state has authority to withhold or suspend, or to restrict the use of 35
professional, occupational and recreational licenses of persons who: 36
(a) Have failed to comply with a subpoena or warrant relating to 37
a proceeding to determine the paternity of a child or to establish or 38
enforce an obligation for the support of a child; or 39
(b) Are in arrears in the payment for the support of one or more 40
children. 41
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LEADLINES OF REPEALED SECTIONS
449.0021 “Agency to provide personal care services in the
home” defined.
449.00325 “Employment agency” defined.
449.01517 “Nonmedical services related to personal care to
elderly persons or persons with disabilities” defined.
449.03005 License to operate employment agency that
contracts with persons in State to provide certain nonmedical
services; standards and regulations; licensed employment
agency prohibited from making certain referrals; civil penalty.
449.03017 Person otherwise licensed under this chapter
exempt from requirement to obtain license to operate
employment agency that contracts with persons to provide
certain nonmedical services.
449.1935 Agency to provide personal care services in the
home authorized to provide certain services to elderly persons
and persons with disabilities.
449.4304 “Intermediary service organization” defined.
449.4308 Authority to provide services.
449.4309 Board to adopt regulations authorizing employee
of intermediary service organization to perform certain tasks.
449.431 Certificate required; exception; penalty.
449.4311 Application for certificate: Contents.
449.4312 Application for certificate: Social security
number required.
449.4313 Application for certificate: Statement regarding
obligation of child support; grounds for denial; duty of Division.
449.4314 Application for certificate: Fee.
449.4315 Prohibition on denial of application based on
immigration or citizenship status; alternative personally
identifying number required by applicant with no social security
number; confidentiality of social security or alternative
personally identifying number.
449.4316 Petition to determine if criminal history will
disqualify person from obtaining certificate; fee; posting of
requirements for certificate and list of disqualifying crimes on
Internet; report.
449.4317 Issuance of certificate; nontransferability.
449.4318 Form and contents of certificate.
449.4319 Expiration and renewal of certificate.
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449.432 Application for renewal of certificate: Information
concerning state business license required; conditions which
require denial.
449.4321 Grounds for denial, suspension or revocation of
certificate.
449.4322 Suspension of certificate for failure to pay child
support or comply with certain subpoenas or warrants;
reinstatement of certificate.
449.4324 Provisional certificate.
449.4325 Deposit of money received; expenses of Division to
enforce provisions.
449.4327 Regulations; powers of Division.
449.4329 Initial and periodic investigations of employee,
employee of temporary employment service or independent
contractor; penalty.
449.43295 Temporary employment service prohibited from
sending ineligible employee to organization; temporary
employment service to provide certain information regarding its
employees.
449.433 Maintenance and availability of certain records
regarding employee, employee of temporary employment
service or independent contractor of organization.
449.4331 Termination of employment or contract of
employee, employee of temporary employment service or
independent contractor who has been convicted of certain
crime; period in which to correct information regarding
conviction; liability of organization.
449.4332 Additional grounds for denial, suspension or
revocation of certificate.
449.4335 Administrative sanctions: Imposition by Division;
consequences of failure to pay; use of money collected.
449.4336 Administrative sanctions: Regulations.
449.4337 Notice by Division of disciplinary action;
exception; appeal.
449.4338 Action to enjoin violations.
449.4339 Prosecution by district attorney.
H