(Reprinted with amendments adopted on April 21, 2025)
FIRST REPRINT A.B. 519
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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; revising the training requirements for
certain caregivers who receive reimbursement through
Medicaid; authorizing a family member to serve as the
personal care assistant for a recipient of Medicaid under
certain circumstances; 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
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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
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 substantially identical to the manner in which those entities are 24
licensed and regulated under existing law. Sections 94, 96-104 and 150 of this bill 25
eliminate provisions governing those entities from the chapter of the Nevada 26
Revised Statutes that regulates medical facilities and facilities for the dependent. 27
Sections 93, 111, 113, 117, 118, 120-123, 126-133, 138 and 146 of this bill 28
eliminate references to sections repealed by section 150. Sections 91, 92, 95 and 29
105-146 of this bill make various conforming changes so that the legal status of 30
agencies to provide personal care services in the home, employment agencies that 31
contract to provide nonmedical services related to personal care to elderly persons 32
or persons with disabilities in the home and intermediary service organizations is 33
not changed by 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
Existing law requires: (1) the Department to apply for a home and community-56
based services waiver to include structured family caregiving for certain persons as 57
medical assistance under Medicaid; and (2) a caregiver providing care under that 58
waiver to complete training required by the Aging and Disability Services Division 59
of the Department. (NRS 422.3965) Sections 30 and 122 of this bill instead require 60
such a caregiver to complete the same training that is required for unlicensed 61
caregivers who provide care for an agency to provide personal care services in the 62
home. 63
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Existing law requires the Director of the Department to include in the State 64
Plan for Medicaid authorization for a recipient of Medicaid to be deemed a provider 65
of services for the purposes of allowing the recipient to receive reimbursement for 66
personal care services covered by Medicaid and using that money to pay for 67
services provided by a personal care assistant or an agency to provide personal care 68
services in the home. (NRS 422.272407). Section 120 of this bill authorizes a 69
family member of a recipient of Medicaid to serve as a personal care assistant for a 70
recipient of Medicaid if the family member: (1) completes the training required by 71
section 30 for certain other caregivers; and (2) receives authorization from a 72
provider of health care. 73
Section 147 of this bill requires the Legislative Counsel to move regulations 74
specifically relating to such entities to a new chapter of the Nevada Administrative 75
Code that corresponds to the new chapter of the Nevada Revised Statutes created 76
by sections 2-90. Section 147 also: (1) requires the Board to adopt new regulations 77
to replace other regulations relating to those entities that remain in the chapter of 78
the Nevada Administrative Code governing medical facilities and facilities for the 79
dependent; and (2) provides that those existing regulations remain in effect until the 80
Board adopts new regulations to replace them. Section 148 of this bill clarifies that 81
this bill does not affect the validity of: (1) licenses or certificates to operate 82
agencies to provide personal care services in the home, employment agencies that 83
contract to provide nonmedical services related to personal care to elderly persons 84
or persons with disabilities in the home and intermediary service organizations; 85
(2) certain training completed by the operators, employees and contractors of such 86
entities; or (3) disciplinary actions taken against such entities. 87
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
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(2) The services are provided to only one person or one 1
family who resides in the same residence; 2
(c) An intermediary service organization; or 3
(d) A person or agency that contracts with the Aging and 4
Disability Services Division of the Department of Health and 5
Human Services to provide temporary respite services. 6
3. As used in this section: 7
(a) “Intermediary service organization” has the meaning 8
ascribed to it in section 59 of this act. 9
(b) “Temporary respite services” means services provided 10
through a contract with the Aging and Disability Services Division 11
of the Department of Health and Human Services to a natural 12
person on a periodic basis to provide a respite for a regular 13
provider of services. 14
Sec. 4. “Board” means the State Board of Health. 15
Sec. 5. “Division” means the Division of Public and 16
Behavioral Health of the Department of Health and Human 17
Services. 18
Sec. 6. “Employment agency” has the meaning ascribed to it 19
in NRS 611.020. 20
Sec. 7. “Nonmedical services related to personal care to 21
elderly persons or persons with disabilities” includes, without 22
limitation: 23
1. The elimination of wastes from the body; 24
2. Dressing and undressing; 25
3. Bathing; 26
4. Grooming; 27
5. The preparation and eating of meals; 28
6. Laundry; 29
7. Shopping; 30
8. Cleaning; 31
9. Transportation; and 32
10. Any other minor needs related to the maintenance of 33
personal hygiene. 34
Sec. 8. Except as otherwise provided in section 12 of this act, 35
no person, state or local government or agency thereof may 36
operate or maintain in this State an agency to provide personal 37
care services in the home without first obtaining a license as 38
provided in sections 8 to 58, inclusive, of this act. 39
Sec. 9. 1. Except as otherwise provided in section 12 of this 40
act, a person must obtain a license from the Board to operate an 41
employment agency that contracts with persons in this State to 42
provide nonmedical services related to personal care to elderly 43
persons or persons with disabilities in the home, regardless of 44
whether the employment agency is located in this State. 45
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2. The Board shall adopt: 1
(a) Standards for licensing of employment agencies that 2
contract to provide nonmedical services related to personal care to 3
elderly persons or persons with disabilities in the home; 4
(b) Standards relating to the fees charged by such employment 5
agencies; 6
(c) Regulations governing the licensing of such employment 7
agencies; and 8
(d) Regulations establishing requirements for training the 9
persons who contract with such employment agencies to provide 10
such nonmedical services. 11
3. An employment agency that is licensed pursuant to this 12
section shall not refer a person to a home to provide nonmedical 13
services related to personal care to elderly persons or persons with 14
disabilities if that person has not met the requirements set forth in 15
sections 36 to 40, inclusive, of this act. 16
4. A person who violates the provisions of subsection 3 is 17
liable for a civil penalty to be recovered by the Attorney General in 18
the name of the Board for the first offense of not more than 19
$10,000 and for a second and subsequent offense of not less than 20
$10,000 nor more than $20,000. Unless otherwise required by 21
federal law, the Board shall deposit all civil penalties collected 22
pursuant to this section into a separate account in the State 23
General Fund to be used to administer and carry out the 24
provisions of chapter 449A of NRS and sections 2 to 58, inclusive, 25
of this act and to protect the health, safety, well-being and 26
property of the persons served by the employment agencies. 27
Sec. 10. 1. The Division shall develop and implement a 28
process by which a person with a criminal history may petition the 29
Division to review the criminal history of the person to determine 30
if the person’s criminal history will disqualify the person from 31
obtaining a license pursuant to sections 2 to 58, inclusive, of this 32
act. 33
2. Not later than 90 days after a petition is submitted to the 34
Division pursuant to subsection 1, the Division shall inform 35
the person of the determination of the Division of whether the 36
person’s criminal history will disqualify the person from obtaining 37
a license. The Division is not bound by its determination of 38
disqualification or qualification and may rescind such a 39
determination at any time. 40
3. The Division may provide instructions to a person who 41
receives a determination of disqualification to remedy the 42
determination of disqualification. A person may resubmit a 43
petition pursuant to subsection 1 not earlier than 6 months after 44
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receiving instructions pursuant to this subsection if the person 1
remedies the determination of disqualification. 2
4. A person with a criminal history may petition the Division 3
at any time, including, without limitation, before obtaining any 4
education or paying any fee required to obtain a license from the 5
Division. 6
5. A person may submit a new petition to the Division not 7
earlier than 2 years after the final determination of the initial 8
petition submitted to the Division. 9
6. The Division may impose a fee of up to $50 upon the 10
person to fund the administrative costs in complying with the 11
provisions of this section. The Division may waive such fees or 12
allow such fees to be covered by funds from a scholarship or 13
grant. 14
7. The Division may post on its Internet website: 15
(a) The requirements to obtain a license pursuant to sections 2 16
to 58, inclusive, of this act from the Division; and 17
(b) A list of crimes, if any, that would disqualify a person from 18
obtaining a license from the Division. 19
8. The Division may request the criminal history record of a 20
person who petitions the Division for a determination pursuant to 21
subsection 1. To the extent consistent with federal law, if the 22
Division makes such a request of a person, the Division shall 23
require the person to submit his or her criminal history record 24
which includes a report from: 25
(a) The Central Repository for Nevada Records of Criminal 26
History; and 27
(b) The Federal Bureau of Investigation. 28
9. A person who petitions the Division for a determination 29
pursuant to subsection 1 shall not submit false or misleading 30
information to the Division. 31
10. The Division shall, on or before the 20th day of January, 32
April, July and October, submit to the Director of the Legislative 33
Counsel Bureau in an electronic format prescribed by the 34
Director, a report that includes: 35
(a) The number of petitions submitted to the Division pursuant 36
to subsection 1; 37
(b) The number of determinations of disqualification made by 38
the Division pursuant to subsection 1; 39
(c) The reasons for such determinations; and 40
(d) Any other information that is requested by the Director or 41
which the Division determines would be helpful. 42
11. The Director shall transmit a compilation of the 43
information received pursuant to subsection 10 to the Legislative 44
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Commission quarterly, unless otherwise directed by the 1
Commission. 2
Sec. 11. The provisions of sections 2 to 58, inclusive, of this 3
act do not apply to any agency to provide personal care services in 4
the home that is operated and maintained by the United States 5
Government or an agency thereof. 6
Sec. 12. A person who is licensed or certified pursuant to a 7
provision of this chapter other than section 9 of this act or a 8
provision of chapter 449 of NRS and who contracts with persons 9
to provide nonmedical services related to personal care to elderly 10
persons or persons with disabilities is not required to obtain an 11
additional license pursuant to section 9 of this act. 12
Sec. 13. 1. The Board shall adopt: 13
(a) Licensing standards for agencies to provide personal care 14
services in the home. 15
(b) Regulations governing the licensing of such agencies. 16
(c) Regulations that prescribe the specific types of 17
discrimination prohibited by section 32 of this act. 18
(d) Any other regulations as it deems necessary or convenient 19
to carry out the provisions of sections 2 to 58, inclusive, of this act. 20
2. The Board shall require that the practices and policies of 21
each agency to provide personal care services in the home provide 22
adequately for the protection of the health, safety and physical, 23
moral and mental well-being of each person served by the agency. 24
Sec. 14. 1. The Board shall adopt regulations authorizing 25
an employee of an agency to provide personal care services in the 26
home, with the consent of the person receiving services, to: 27
(a) Check, record and report the temperature, blood pressure, 28
apical or radial pulse, respiration or oxygen saturation of a person 29
receiving services from the agency; 30
(b) Using an auto-injection device approved by the Food and 31
Drug Administration for use in the home, administer to a person 32
receiving services from the agency insulin furnished by a 33
registered pharmacist, as directed by a physician, physician 34
assistant or advanced practice registered nurse, or assist such a 35
person with the self-administration of such insulin; and 36
(c) Using a device for monitoring blood glucose approved by 37
the Food and Drug Administration for use in the home, conduct a 38
blood glucose test on a person receiving services from the agency 39
or assist such a person to conduct a blood glucose test on himself 40
or herself. 41
2. The regulations adopted pursuant to this section: 42
(a) Must require the tasks described in subsection 1 to be 43
performed in conformance with the Clinical Laboratory 44
Improvement Amendments of 1988, Public Law No. 100-578, 42 45
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U.S.C. § 263a, if applicable, and any other applicable federal law 1
or regulation; 2
(b) Must prohibit the use of a device for monitoring blood 3
glucose on more than one person; and 4
(c) May require a person to receive training before performing 5
any task described in subsection 1. 6
Sec. 15. 1. Money received from the licensing of agencies 7
to provide personal care services in the home must be forwarded to 8
the State Treasurer for deposit in the State General Fund to the 9
credit of the Division. 10
2. The Division shall enforce the provisions of sections 2 to 11
58, inclusive, of this act and may incur any necessary expenses not 12
in excess of money authorized for that purpose by the State or 13
received from the Federal Government. 14
Sec. 16. The Division may: 15
1. Upon receipt of an application for a license, conduct an 16
investigation into the qualifications of personnel, methods of 17
operation, policies and purposes of any person proposing to 18
engage in the operation of an agency to provide personal care 19
services in the home. 20
2. Upon receipt of a complaint against an agency to provide 21
personal care services in the home, except for a complaint 22
concerning the cost of services, conduct an investigation into the 23
qualifications of personnel, methods of operation, policies, 24
procedures and records of that agency or any other such agency 25
which may have information pertinent to the complaint. 26
3. Employ such professional, technical and clerical 27
assistance as it deems necessary to carry out the provisions of this 28
chapter. 29
Sec. 17. 1. Except as otherwise provided in this section, the 30
Division may charge and collect from an agency to provide 31
personal care services in the home or a person who operates such 32
an agency without a license issued by the Division the actual costs 33
incurred by the Division for the enforcement of the provisions of 34
this chapter, including, without limitation, the actual cost of 35
conducting an inspection or investigation of the agency. 36
2. The Division shall not charge and collect the actual cost 37
for enforcement pursuant to subsection 1 if the enforcement 38
activity is: 39
(a) Related to the issuance or renewal of a license for which 40
the Board charges a fee pursuant to sections 19 and 28 of this act; 41
or 42
(b) Conducted pursuant to an agreement with the Federal 43
Government which has appropriated money for that purpose. 44
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3. Any money collected pursuant to subsection 1 may be used 1
by the Division to administer and carry out the provisions of this 2
chapter and the regulations adopted pursuant thereto. 3
Sec. 18. Any person, state or local government or agency 4
thereof desiring a license under the provisions of sections 2 to 58, 5
inclusive, of this act, must file with the Division an application, on 6
a form prescribed, prepared and furnished by the Division, 7
containing: 8
1. The name of the applicant and, if a natural person, 9
whether the applicant has attained the age of 21 years. 10
2. The address of the principal place of business of the 11
agency. 12
3. In specific terms, the nature of services and type of care to 13
be offered, as defined in the regulations. 14
4. The name of the person in charge of the agency. 15
5. Such other information as may be required by the Division 16
for the proper administration and enforcement of this chapter. 17
6. Evidence satisfactory to the Division that the applicant is 18
of reputable and responsible character. If the applicant is a firm, 19
association, organization, partnership, business trust, corporation 20
or company, similar evidence must be submitted as to the members 21
thereof and the person in charge of the agency for which the 22
application is made. If the applicant is a political subdivision of 23
the State or other governmental agency, similar evidence must be 24
submitted as to the person in charge of the entity for which 25
application is made. 26
7. Evidence satisfactory to the Division of the ability of the 27
applicant to comply with the provisions of sections 2 to 58, 28
inclusive, of this act and the standards and regulations adopted by 29
the Board. 30
Sec. 19. Each application for a license must be accompanied 31
by such fee as may be determined by regulation of the Board. The 32
Board may, by regulation, allow or require payment of a fee for a 33
license in installments and may fix the amount of each payment 34
and the date that the payment is due. 35
Sec. 20. An application for the issuance of a license 36
pursuant to sections 2 to 58, inclusive, of this act must include the 37
social security number of the applicant. 38
Sec. 21. 1. An applicant for the issuance or renewal of a 39
license pursuant to sections 2 to 58, inclusive, of this act 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 license; or 4
(b) A separate form prescribed by the Division. 5
3. A license may not be issued or renewed by the Division 6
pursuant to sections 2 to 58, inclusive, of this act if the applicant: 7
(a) Fails to submit the statement required pursuant to 8
subsection 1; or 9
(b) Indicates on the statement submitted pursuant to 10
subsection 1 that the applicant is subject to a court order for the 11
support of a child and is not in compliance with the order or a 12
plan approved by the district attorney or other public agency 13
enforcing the order for the repayment of the amount owed 14
pursuant to the order. 15
4. If an applicant indicates on the statement submitted 16
pursuant to subsection 1 that the applicant is subject to a court 17
order for the support of a child and is not in compliance with the 18
order or a plan approved by the district attorney or other public 19
agency enforcing the order for the repayment of the amount owed 20
pursuant to the order, the Division shall advise the applicant to 21
contact the district attorney or other public agency enforcing the 22
order to determine the actions that the applicant may take to 23
satisfy the arrearage. 24
Sec. 22. 1. In addition to any other requirements set forth 25
in sections 2 to 58, inclusive, of this act, an applicant for the 26
renewal of a license pursuant to those sections must indicate in 27
the application submitted to the Division whether the applicant 28
has a state business license. If the applicant has a state business 29
license, the applicant must include in the application the business 30
identification number assigned by the Secretary of State upon 31
compliance with the provisions of chapter 76 of NRS. 32
2. A license issued pursuant to sections 2 to 58, inclusive, of 33
this act may not be renewed by the Division if: 34
(a) The applicant fails to submit the information required by 35
subsection 1; or 36
(b) The State Controller has informed the Division pursuant to 37
subsection 5 of NRS 353C.1965 that the applicant owes a debt to 38
an agency that has been assigned to the State Controller for 39
collection and the applicant has not: 40
(1) Satisfied the debt; 41
(2) Entered into an agreement for the payment of the debt 42
pursuant to NRS 353C.130; or 43
(3) Demonstrated that the debt is not valid. 44
3. As used in this section: 45
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(a) “Agency” has the meaning ascribed to it in NRS 353C.020. 1
(b) “Debt” has the meaning ascribed to it in NRS 353C.040. 2
Sec. 23. 1. The Division shall not deny the application of a 3
person for a license pursuant to sections 2 to 58, inclusive, of this 4
act based solely on his or her immigration status. 5
2. Notwithstanding the provisions of section 20 of this act, an 6
applicant for a license pursuant to sections 2 to 58, inclusive, of 7
this act who does not have a social security number must provide 8
an alternative personally identifying number, including, without 9
limitation, his or her individual taxpayer identification number, 10
when completing an application for such a license. 11
3. The Division shall not disclose to any person who is not 12
employed by the Division the social security number or alternative 13
personally identifying number, including, without limitation, his 14
or her individual taxpayer identification number, of an applicant 15
for a license for any purpose except: 16
(a) Tax purposes; 17
(b) Licensing purposes; and 18
(c) Enforcement of an order for the payment of child support. 19
4. A social security number or alternative personally 20
identifying number, including, without limitation, an individual 21
taxpayer identification number, provided to the Division is 22
confidential and is not a public record for the purposes of chapter 23
239 of NRS. 24
Sec. 24. 1. Except as otherwise provided in subsection 6 25
and section 25 of this act, each agency to provide personal care 26
services in the home, when applying for a license or renewing a 27
license, file with the Administrator of the Division of Public and 28
Behavioral Health a surety bond: 29
(a) If the agency employs less than 7 employees, in the amount 30
of $5,000; 31
(b) If the agency employs at least 7 but not more than 25 32
employees, in the amount of $25,000; or 33
(c) If the agency employs more than 25 employees, in the 34
amount of $50,000. 35
2. A bond filed pursuant to this section must be executed by 36
the agency as principal and by a surety company as surety. The 37
bond must be payable to the Aging and Disability Services 38
Division of the Department of Health and Human Services and 39
must be conditioned to provide indemnification to an older client 40
who the Attorney for the Rights of Older Persons and Persons 41
with a Physical Disability, an Intellectual Disability or a Related 42
Condition determines has suffered property damage as a result of 43
any act or failure to act by the agency to protect the property of the 44
older client. 45
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3. Except when a surety is released, the surety bond must 1
cover the period of the initial license to operate or the period of the 2
renewal, as appropriate. 3
4. A surety on any bond filed pursuant to this section may be 4
released after the surety gives 30 days’ written notice to the 5
Administrator of the Division of Public and Behavioral Health, 6
but the release does not discharge or otherwise affect any claim 7
filed by an older client for property damaged as a result of any act 8
or failure to act by the agency to protect the property of the older 9
client alleged to have occurred while the bond was in effect. 10
5. A license is suspended by operation of law when the 11
agency is no longer covered by a surety bond as required by this 12
section or by a substitute for the surety bond pursuant to section 13
25 of this act. The Administrator of the Division of Public and 14
Behavioral Health shall give the agency at least 20 days’ written 15
notice before the release of the surety or the substitute for the 16
surety, to the effect that the license will be suspended by operation 17
of law until another surety bond or substitute for the surety bond 18
is filed in the same manner and amount as the bond or substitute 19
being terminated. 20
6. The requirement of filing a surety bond set forth in this 21
section does not apply to an agency to provide personal care 22
services in the home that is operated and maintained by the State 23
of Nevada or an agency thereof. 24
7. As used in this section, “older client” means a client who is 25
60 years of age or older. 26
Sec. 25. 1. As a substitute for the surety bond required 27
pursuant to section 24 of this act, an agency to provide personal 28
care services in the home may deposit with any bank or trust 29
company authorized to do business in this State, upon approval 30
from the Administrator of the Division of Public and Behavioral 31
Health: 32
(a) An obligation of a bank, savings and loan association, 33
savings bank, thrift company or credit union licensed to do 34
business in this State; 35
(b) Bills, bonds, notes, debentures or other obligations of the 36
United States or any agency or instrumentality thereof, or 37
guaranteed by the United States; or 38
(c) Any obligation of this State or any city, county, town, 39
township, school district or other instrumentality of this State, or 40
guaranteed by this State, in an aggregate amount, based upon 41
principal amount or market value, whichever is lower. 42
2. The obligations of a bank, savings and loan association, 43
savings bank, thrift company or credit union must be held to 44
secure the same obligation as would the surety bond required by 45
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section 24 of this act. With the approval of the Administrator of 1
the Division of Public and Behavioral Health, the depositor may 2
substitute other suitable obligations for those deposited, which 3
must be assigned to the Aging and Disability Services Division of 4
the Department of Health and Human Services and are negotiable 5
only upon approval by the Administrator of the Aging and 6
Disability Services Division. 7
3. Any interest or dividends earned on the deposit accrue to 8
the account of the depositor. 9
4. The deposit must be an amount at least equal to the surety 10
bond required by section 24 of this act and must state that the 11
amount may not be withdrawn except by direct and sole order of 12
the Administrator of the Aging and Disability Services Division. 13
Sec. 26. 1. The Division shall issue a license to operate an 14
agency to provide personal care services in the home if, after 15
investigation, the Division finds that the applicant is in: 16
(a) Full compliance with the provisions of sections 2 to 58, 17
inclusive, of this act; and 18
(b) Substantial compliance with the standards and regulations 19
adopted by the Board. 20
2. A license applies only to the person to whom it is issued 21
and is not transferable. 22
Sec. 27. Each license issued by the Division to an agency to 23
provide personal care services in the home must be in the form 24
prescribed by the Division and must contain: 25
1. The name of the person or persons authorized to operate 26
the agency to provide personal care services in the home; and 27
2. The nature of services offered and the capacity of the 28
licensee to deliver services. 29
Sec. 28. 1. Each license to operate an agency to provide 30
personal care services in the home issued pursuant to sections 2 to 31
58, inclusive, of this act expires on December 31 following its 32
issuance and is renewable for 1 year upon reapplication and 33
payment of all fees required pursuant to subsection 3 and section 34
19 of this act unless the Division finds, after an investigation, that 35
the agency has not satisfactorily complied with the provisions of 36
sections 2 to 58, inclusive, of this act, or the standards and 37
regulations adopted by the Board. 38
2. Each reapplication for an agency to provide personal care 39
services in the home must include, without limitation: 40
(a) A statement that the agency is in compliance with the 41
provisions of sections 36 to 40, inclusive, and 49 of this act; and 42
(b) A statement that the holder of the license, the administrator 43
or other person in charge and employees of the agency are in 44
compliance with the provisions of section 31 of this act. 45
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3. Each reapplication for an agency to provide personal care 1
services in the home must be accompanied by the fee prescribed by 2
the Board pursuant to NRS 457.240, in addition to the fees 3
imposed pursuant to section 19 of this act. 4
Sec. 29. 1. The Division may cancel the license of an 5
agency to provide personal care services in the home and issue a 6
provisional license, effective for a period determined by the 7
Division, to such an agency if the agency: 8
(a) Is in operation at the time of the adoption of standards and 9
regulations pursuant to the provisions of sections 2 to 58, 10
inclusive, of this act, and the Division determines that the agency 11
requires a reasonable time under the particular circumstances 12
within which to comply with the standards and regulations; or 13
(b) Has failed to comply with the standards or regulations and 14
the Division determines that the agency is in the process of 15
making the necessary changes or has agreed to make the changes 16
within a reasonable time. 17
2. The provisions of subsection 1 do not require the issuance 18
of a license or prevent the Division from refusing to renew or from 19
revoking or suspending any license where the Division deems such 20
action necessary for the health and safety of the persons receiving 21
services from any agency. 22
Sec. 30. 1. The Board shall: 23
(a) Adopt regulations prescribing mandatory training for 24
unlicensed caregivers who provide care for an agency to provide 25
personal care services in the home and persons who receive 26
reimbursement from Medicaid pursuant to NRS 422.272407 or 27
422.3965 for providing personal care services. The regulations 28
must establish the required topics for the training, which must 29
include, without limitation, control of infectious diseases and 30
minimum standards for training in each required topic. 31
(b) Review the required topics for training established 32
pursuant to paragraph (a) at least annually and revise those topics 33
when necessary to address new issues that impact the health and 34
safety of persons who receive personal care services. 35
2. The Division shall post on an Internet website maintained 36
by the Division a list of nationally recognized organizations that 37
provide evidence-based training for caregivers which: 38
(a) Is free of charge or has a minimal cost; and 39
(b) May be used to satisfy the requirements of the regulations 40
adopted pursuant to subsection 1. 41
3. The administrator or other person in charge of an agency 42
to provide personal care services in the home shall: 43
(a) Ensure that each unlicensed caregiver who provides care 44
for the agency completes the training required by the regulations 45
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adopted pursuant to subsection 1 and document the completion of 1
the training in the personnel file of each unlicensed caregiver; 2
(b) Ensure the implementation of the best practices taught in 3
the training required by the regulations adopted pursuant to 4
subsection 1 at the agency where appropriate; 5
(c) Develop and annually update a written plan for the control 6
of infectious diseases; and 7
(d) Provide a written copy of the plan for the control of 8
infectious diseases to each employee or independent contractor of 9
the agency and each client of the agency. 10
Sec. 31. 1. An applicant for a license to operate an agency 11
to provide personal care services in the home must receive training 12
to recognize and prevent the abuse of older persons before a 13
license to operate such an agency is issued to the applicant. If an 14
applicant has completed such training within the year preceding 15
the date of the application for a license and the application 16
includes evidence of the training, the applicant shall be deemed to 17
have complied with the requirements of this subsection. 18
2. A licensee who holds a license to operate an agency to 19
provide personal care services in the home must annually receive 20
training to recognize and prevent the abuse of older persons 21
before the license to operate such an agency may be renewed. 22
3. If an applicant or licensee who is required by this section 23
to obtain training is not a natural person, the person in charge of 24
the agency must receive the training required by this section. 25
4. An administrator or other person in charge of an agency to 26
provide personal care services in the home must receive training to 27
recognize and prevent the abuse of older persons before the 28
agency provides care to a person and annually thereafter. 29
5. An employee who will provide care for an agency to 30
provide personal care services in the home must receive training to 31
recognize and prevent the abuse of older persons before the 32
employee provides care to a person in the agency and annually 33
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 39
persons, including sexual abuse and violations of NRS 200.5091 40
to 200.50995, inclusive; and 41
(c) Instruction concerning the federal, state and local laws, 42
and any changes to those laws, relating to: 43
(1) The abuse of older persons; and 44
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(2) Agencies to provide personal care services in the home 1
for the person. 2
7. The agency to provide personal care services in the home is 3
responsible for the costs related to the training required by this 4
section. 5
8. The holder of a license to operate an agency to provide 6
personal care services in the home shall ensure that each person 7
who is required to comply with the requirements for training 8
pursuant to this section complies with those requirements. The 9
Division may, for any violation of this section, take disciplinary 10
action against an agency pursuant to sections 44 and 45 of this 11
act. 12
Sec. 32. 1. An agency to provide personal care services in 13
the home and any employee or independent contractor of such an 14
agency shall not discriminate in the provision of services to a 15
client based wholly or partially on the actual or perceived race, 16
color, religion, national origin, ancestry, age, gender, physical or 17
mental disability, sexual orientation, gender identity or expression 18
or human immunodeficiency virus status of the client or any 19
person with whom the client associates. 20
2. An agency to provide personal care services in the home 21
shall: 22
(a) Develop and carry out policies to prevent the specific types 23
of prohibited discrimination described in the regulations adopted 24
by the Board pursuant to section 13 of this act and meet any other 25
requirements prescribed by regulations of the Board; and 26
(b) Post prominently on any Internet website used to market 27
the agency the following statement: 28
29
[Name of the agency to provide personal care services in the 30
home] does not discriminate and does not permit 31
discrimination, including, without limitation, bullying, 32
abuse or harassment, on the basis of actual or perceived 33
race, color, religion, national origin, ancestry, age, gender, 34
physical or mental disability, sexual orientation, gender 35
identity or expression or HIV status, or based on association 36
with another person on account of that person’s actual or 37
perceived race, color, religion, national origin, ancestry, 38
age, gender, physical or mental disability, sexual 39
orientation, gender identity or expression or HIV status. 40
41
3. The provisions of this section shall not be construed to: 42
(a) Require an agency to provide personal care services in the 43
home or an employee or independent contractor thereof to take or 44
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refrain from taking any action in violation of reasonable medical 1
standards; or 2
(b) Prohibit an agency to provide personal care services in the 3
home from adopting a policy that is applied uniformly and in a 4
nondiscriminatory manner, including, without limitation, such a 5
policy that bans or restricts sexual relations. 6
Sec. 33. An agency to provide personal care services in the 7
home shall: 8
1. Maintain the confidentiality of personally identifiable 9
information concerning the sexual orientation of a client, whether 10
the client is transgender or has undergone gender-affirming 11
surgery and the human immunodeficiency virus status of the 12
client and take reasonable actions to prevent the unauthorized 13
disclosure of such information; 14
2. Prohibit employees or independent contractors of the 15
agency who are not directly providing care to a client from being 16
present during any portion of the care, during which the client is 17
fully or partially unclothed without the express permission of the 18
client or the authorized representative of the client; 19
3. Use visual barriers, including, without limitation, doors, 20
curtains and screens, to provide privacy for clients who are fully 21
or partially unclothed; and 22
4. Allow a client to refuse to be examined or observed by or 23
receive services from an employee or independent contractor of 24
the agency for a purpose that is primarily educational rather than 25
therapeutic. 26
Sec. 34. 1. Except as otherwise provided in subsection 3, to 27
enable an agent or employee of an agency to provide personal care 28
services in the home who is described in subsection 2 to more 29
effectively care for clients the Board shall, by regulation, require 30
such an agency to conduct training relating specifically to cultural 31
competency for any agent or employee of the agency who is 32
described in subsection 2 so that such an agent or employee may 33
better understand clients who have different cultural backgrounds, 34
including, without limitation, clients who are: 35
(a) From various racial and ethnic backgrounds; 36
(b) From various religious backgrounds; 37
(c) Persons with various sexual orientations and gender 38
identities or expressions; 39
(d) Children and senior citizens; 40
(e) Persons with a mental or physical disability; and 41
(f) Part of any other population that such an agent or 42
employee may need to better understand, as determined by the 43
Board. 44
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The Board shall set forth by regulation the frequency with 1
which an agency to provide personal care services in the home is 2
required to provide such training relating to cultural competency. 3
2. Except as otherwise provided in subsection 3, the 4
requirements of subsection 1 apply to any agent or employee of an 5
agency to provide personal care services in the home who: 6
(a) Provides personal care services or administrative or 7
support services and has direct client contact at least once each 8
week on average as a part of his or her regular job duties; or 9
(b) Oversees an agent or employee described in paragraph (a). 10
3. An agency to provide personal care services in the home is 11
not required to provide training relating specifically to cultural 12
competency to an agent or employee who is described in 13
subsection 2 and who has successfully completed a course or 14
program in cultural competency as part of the continuing 15
education requirements for the agent or employee to renew his or 16
her professional license, registration or certificate, as applicable. 17
4. Except as otherwise provided in subsection 6, the training 18
relating specifically to cultural competency conducted by an 19
agency to provide personal care services in the home pursuant to 20
subsection 1 must be provided through a course or program that is 21
approved by the Department of Health and Human Services. 22
5. The Office of Minority Health and Equity of the 23
Department of Health and Human Services shall ensure that the 24
list established and maintained pursuant to NRS 449.103 is 25
distributed to each agency to provide personal care services in the 26
home which is required to conduct training relating specifically to 27
cultural competency pursuant to subsection 1. 28
6. An agency to provide personal care services in the home 29
which is required to conduct training specifically relating to 30
cultural competency may apply to the Department of Health and 31
Human Services to provide a course or program on cultural 32
competency that is not approved by the Department pursuant to 33
subsection 4. Any such request must be approved or denied by the 34
Department not later than 10 business days after the receipt of the 35
application. 36
7. As used in this section “direct client contact” means direct 37
contact with a client of an agency to provide personal care services 38
in the home which is in person or using telephone, electronic mail 39
or other electronic means, except that the term does not include 40
incidental contact. 41
Sec. 35. The Board shall adopt regulations that require an 42
agency to provide personal care services in the home to: 43
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1. Develop policies to ensure that a client is addressed by his 1
or her preferred name and pronoun and in accordance with his or 2
her gender identity or expression; and 3
2. Adapt electronic records to reflect the gender identities or 4
expressions of clients with diverse gender identities or expressions, 5
including, without limitation, adapting electronic records to 6
include: 7
(a) The preferred name and pronoun and gender identity or 8
expression of a client; and 9
(b) Any other information prescribed by regulation of the 10
Board. 11
Sec. 36. 1. Each applicant for a license 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 shall submit to the Central 16
Repository for Nevada Records of Criminal History one complete 17
set of fingerprints for submission to the Federal Bureau of 18
Investigation for its report. 19
2. The Central Repository for Nevada Records of Criminal 20
History shall determine whether the applicant has been convicted 21
of a crime listed in paragraph (a) of subsection 1 of section 49 of 22
this act and immediately inform the administrator of the agency 23
and the Division of whether the applicant has been convicted of 24
such a crime. 25
Sec. 37. 1. Except as otherwise provided in subsections 2 26
and 3, within 10 days after hiring an employee, accepting an 27
employee of a temporary employment service or entering into a 28
contract with an independent contractor, the administrator of, or 29
the person licensed to operate, an agency to provide personal care 30
services in the home or employment agency that contracts with 31
persons to provide nonmedical services related to personal care to 32
elderly persons or persons with disabilities in the home shall: 33
(a) Obtain a written statement from the employee, employee of 34
the temporary employment service or independent contractor 35
stating whether he or she has been convicted of any crime listed in 36
section 49 of this act; 37
(b) Obtain an oral and written confirmation of the information 38
contained in the written statement obtained pursuant to 39
paragraph (a); 40
(c) Obtain proof that the employee, employee of the temporary 41
employment service or independent contractor holds any required 42
license, permit or certificate; 43
(d) Obtain from the employee, employee of the temporary 44
employment service or independent contractor one set of 45
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fingerprints and a written authorization to forward the 1
fingerprints to the Central Repository for Nevada Records of 2
Criminal History for submission to the Federal Bureau of 3
Investigation for its report; 4
(e) Submit to the Central Repository for Nevada Records of 5
Criminal History the fingerprints obtained pursuant to paragraph 6
(d) to obtain information on the background and personal history 7
of each employee, employee of a temporary employment service or 8
independent contractor to determine whether the person has been 9
convicted of any crime listed in section 49 of this act; and 10
(f) If an Internet website has been established pursuant to 11
NRS 439.942: 12
(1) Screen the employee, employee of the temporary 13
employment service or independent contractor using the Internet 14
website. Upon request of the Division, proof that the employee, 15
temporary employee or independent contractor was screened 16
pursuant to this subparagraph must be provided to the Division. 17
(2) Enter on the Internet website information to be 18
maintained on the website concerning the employee, employee of 19
the temporary employment service or independent contractor. 20
2. The administrator of, or the person licensed to operate, an 21
agency to provide personal care services in the home or 22
employment agency that contracts with persons to provide 23
nonmedical services related to personal care to elderly persons or 24
persons with disabilities in the home is not required to obtain the 25
information described in subsection 1 from an employee, employee 26
of a temporary employment service or independent contractor if 27
his or her fingerprints have been submitted to the Central 28
Repository for Nevada Records of Criminal History for submission 29
to the Federal Bureau of Investigation for its report within the 30
immediately preceding 6 months and the report of the Federal 31
Bureau of Investigation indicated that the employee, employee of 32
the temporary employment service or independent contractor has 33
not been convicted of any crime set forth in section 49 of this act. 34
3. The administrator of, or the person licensed to operate, an 35
agency to provide personal care services in the home or 36
employment agency that contracts with persons to provide 37
nonmedical services related to personal care to elderly persons or 38
persons with disabilities in the home is not required to obtain the 39
information described in subsection 1, other than the information 40
described in paragraph (c) of subsection 1, from an employee, 41
employee of a temporary employment service or independent 42
contractor if: 43
(a) The employee, employee of the temporary employment 44
service or independent contractor agrees to allow the 45
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administrator of, or the person licensed to operate, an agency to 1
provide personal care services in the home to receive notice from 2
the Central Repository for Nevada Records of Criminal History 3
regarding any conviction and subsequent conviction of the 4
employee, employee of the temporary employment service or 5
independent contractor of a crime listed in section 49 of this act; 6
(b) An agency, board or commission that regulates an 7
occupation or profession pursuant to title 54 of NRS or temporary 8
employment service has, within the immediately preceding 5 years, 9
submitted the fingerprints of the employee, employee of the 10
temporary employment service or independent contractor to the 11
Central Repository for Nevada Records of Criminal History for 12
submission to the Federal Bureau of Investigation for its report; 13
and 14
(c) The report of the Federal Bureau of Investigation indicated 15
that the employee, employee of the temporary employment service 16
or independent contractor has not been convicted of any crime set 17
forth in section 49 of this act. 18
4. The administrator of, or the person licensed to operate, 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 shall ensure that the 23
information concerning the background and personal history of 24
each employee, employee of a temporary employment service or 25
independent contractor who works at the agency: 26
(a) Except as otherwise provided in subsection 2, is completed 27
as soon as practicable; and 28
(b) At least once every 5 years after the date of the initial 29
investigation. 30
5. The administrator of, or the person licensed to operate, an 31
agency to provide personal care services in the home or 32
employment agency that contracts with persons to provide 33
nonmedical services related to personal care to elderly persons or 34
persons with disabilities in the home shall, 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
6. 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 section 49 of this act and 8
immediately inform the Division and the administrator of, or the 9
person licensed to operate, the agency to provide personal care 10
services in the home or employment agency that contracts with 11
persons to provide nonmedical services related to personal care to 12
elderly persons or persons with disabilities in the home at which 13
the person works whether the employee, employee of the 14
temporary employment service or independent contractor has been 15
convicted of such a crime. 16
7. The Central Repository for Nevada Records of Criminal 17
History may impose a fee upon an agency that submits 18
fingerprints pursuant to this section for the reasonable cost of the 19
investigation. The agency to provide personal care services in the 20
home or 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 may recover from the 23
employee or independent contractor whose fingerprints are 24
submitted not more than one-half of the fee imposed by the 25
Central Repository. If the agency requires the employee or 26
independent contractor to pay for any part of the fee imposed by 27
the Central Repository, it shall allow the employee or independent 28
contractor to pay the amount through periodic payments. The 29
agency may require a temporary employment service which 30
employs a temporary employee whose fingerprints are submitted to 31
pay the fee imposed by the Central Repository. An agency shall 32
notify a temporary employment service if a person employed by the 33
temporary employment service is determined to be ineligible to 34
provide services at the agency based upon the results of an 35
investigation conducted pursuant to this section. 36
8. Unless a greater penalty is provided by law, a person who 37
willfully provides a false statement or information in connection 38
with an investigation of the background and personal history of 39
the person pursuant to this section that would disqualify the 40
person from employment, including, without limitation, a 41
conviction of a crime listed in section 49 of this act, is guilty of a 42
misdemeanor. 43
Sec. 38. 1. A temporary employment service shall not send 44
an employee to provide services to an agency to provide personal 45
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care services in the home or employment agency that contracts 1
with persons to provide nonmedical services related to personal 2
care to elderly persons or persons with disabilities in the home if 3
the temporary employment service has received notice from such 4
an agency that the employee of the temporary employment service 5
is ineligible to provide such services. 6
2. An agency to provide personal care services in the home or 7
employment agency that contracts with persons to provide 8
nonmedical services related to personal care to elderly persons or 9
persons with disabilities in the home that enters into an agreement 10
with a temporary employment service to provide services for the 11
agency on a temporary basis must require the temporary 12
employment service to: 13
(a) Provide proof that each employee of the temporary 14
employment service whom it may send to provide services to the 15
agency has been continuously employed by the temporary 16
employment service since the last investigation conducted of the 17
employee pursuant to section 37 of this act; and 18
(b) Notify the agency if the investigation conducted of an 19
employee of the temporary employment service pursuant to section 20
37 of this act has not been conducted within the immediately 21
preceding 5 years. 22
Sec. 39. 1. Each agency to provide personal care services 23
in the home or employment agency that contracts with persons to 24
provide nonmedical services related to personal care to elderly 25
persons or persons with disabilities in the home shall maintain 26
records of the information concerning its employees, employees of 27
a temporary employment service and independent contractors 28
collected pursuant to section 37 of this act, including, without 29
limitation: 30
(a) A copy of the fingerprints that were submitted to the 31
Central Repository for Nevada Records of Criminal History or 32
proof of electronic fingerprint submission and a copy of the 33
written authorization that was provided by the employee, employee 34
of the temporary employment service or independent contractor; 35
(b) Proof that the fingerprints of the employee, employee of the 36
temporary employment service or independent contractor were 37
submitted to the Central Repository; and 38
(c) Any other documentation of the information collected 39
pursuant to section 37 of this act. 40
2. The records maintained pursuant to subsection 1 must be: 41
(a) Maintained for the period of the employment of the person 42
with the agency to provide personal care services in the home or 43
employment agency that contracts with persons to provide 44
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nonmedical services related to personal care to elderly persons or 1
persons with disabilities in the home, as applicable; and 2
(b) Made available for inspection by the Division at any 3
reasonable time, and copies thereof must be furnished to the 4
Division upon request. 5
3. If an Internet website has been established pursuant to 6
NRS 439.942, an agency to provide personal care services in the 7
home or employment agency that contracts with persons to provide 8
nonmedical services related to personal care to elderly persons or 9
persons with disabilities in the home shall maintain a current list 10
of its employees, employees of a temporary employment service 11
and independent contractors on the Internet website. 12
4. The Central Repository for Nevada Records of Criminal 13
History may maintain an electronic image of fingerprints 14
submitted pursuant to sections 36 and 37 of this act to notify an 15
agency to provide personal care services in the home or 16
employment agency that contracts with persons to provide 17
nonmedical services related to personal care to elderly persons or 18
persons with disabilities in the home and the Division of any 19
subsequent conviction of a person who is required to submit to an 20
investigation pursuant to sections 36 and 37 of this act. 21
Sec. 40. 1. Upon receiving information from the Central 22
Repository for Nevada Records of Criminal History pursuant to 23
section 37 of this act, or evidence from any other source, that an 24
employee, employee of a temporary employment service or 25
independent contractor of an agency to provide personal care 26
services in the home or employment agency that contracts with 27
persons to provide nonmedical services related to personal care to 28
elderly persons or persons with disabilities in the home has been 29
convicted of a crime listed in paragraph (a) of subsection 1 of 30
section 49 of this act, the administrator of, or the person licensed 31
to operate, the agency shall terminate the employment or contract 32
of that person or notify the temporary employment service that its 33
employee is prohibited from providing services for the agency after 34
allowing the person time to correct the information as required 35
pursuant to subsection 2. 36
2. If an employee, employee of a temporary employment 37
service or independent contractor believes that the information 38
provided by the Central Repository is incorrect, the employee, 39
employee of the temporary employment service or independent 40
contractor may immediately inform the agency to provide personal 41
care services in the home, employment agency that contracts with 42
persons to provide nonmedical services related to personal care to 43
elderly persons or persons with disabilities in the home or 44
temporary employment service. The agency or temporary 45
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employment service that is so informed shall give the employee, 1
employee of the temporary employment service or independent 2
contractor a reasonable amount of time of not less than 30 days to 3
correct the information received from the Central Repository 4
before terminating the employment or contract of the person 5
pursuant to subsection 1. 6
3. An agency to provide personal care services in the home or 7
employment agency that contracts with persons to provide 8
nonmedical services related to personal care to elderly persons or 9
persons with disabilities in the home that has complied with 10
section 37 of this act may not be held civilly or criminally liable 11
based solely upon the ground that the agency allowed an 12
employee, employee of a temporary employment service or 13
independent contractor to work: 14
(a) Before it received the information concerning the 15
employee, employee of the temporary employment service or 16
independent contractor from the Central Repository, except that 17
an employee, employee of the temporary employment service or 18
independent contractor shall not have contact with a child without 19
supervision before such information is received; 20
(b) During the period required pursuant to subsection 2 to 21
allow the employee, employee of the temporary employment 22
service or independent contractor to correct that information, 23
except that an employee, employee of the temporary employment 24
service or independent contractor shall not have contact with a 25
child without supervision during such period; 26
(c) Based on the information received from the Central 27
Repository, if the information received from the Central 28
Repository was inaccurate; or 29
(d) Any combination thereof. 30
An agency to provide personal care services in the home or 31
employment agency that contracts with persons to provide 32
nonmedical services related to personal care to elderly persons or 33
persons with disabilities in the home may be held liable for any 34
other conduct determined to be negligent or unlawful. 35
Sec. 41. Any authorized member or employee of the Division 36
may enter and inspect any building or premises at any time to 37
secure compliance with or prevent a violation of any provision of 38
sections 2 to 58, inclusive, of this act. 39
Sec. 42. Every agency to provide personal care services in 40
the home may be inspected at any time, with or without notice, as 41
often as is necessary by: 42
1. The Division of Public and Behavioral Health to ensure 43
compliance with all applicable regulations and standards; and 44
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2. Any person designated by the Aging and Disability Services 1
Division of the Department of Health and Human Services to 2
investigate complaints made against the agency to provide 3
personal care services in the home. 4
Sec. 43. The Division shall prepare a report of the results of 5
its inspections of agencies to provide personal care services in the 6
home regarding compliance with applicable regulations and 7
standards. The report must be provided to the agency to provide 8
personal care services in the home and include, without limitation, 9
a recommendation of the Division for correcting any deficiencies 10
and, if a deficiency is discovered as a result of an investigation by 11
a county, district or city board of health or health officer, the 12
recommendations of the board or health officer. 13
Sec. 44. 1. The Division may deny an application for a 14
license or may suspend or revoke any license to operate an agency 15
to provide personal care services in the home issued under the 16
provisions of sections 2 to 58, inclusive, of this act upon any of the 17
following grounds: 18
(a) Violation by the applicant or the licensee of any of the 19
provisions of NRS 449A.100 to 449A.124, inclusive, or sections 2 20
to 58, inclusive, of this act or of any other law of this State or of 21
the standards, rules and regulations adopted thereunder. 22
(b) Aiding, abetting or permitting the commission of any 23
illegal act. 24
(c) Conduct inimical to the public health, morals, welfare and 25
safety of the people of the State of Nevada in the maintenance and 26
operation of the agency for which a license is issued. 27
(d) Conduct or practice detrimental to the health or safety of 28
the clients or employees of the agency to provide personal care 29
services in the home. 30
2. In addition to the provisions of subsection 1, the Division 31
may revoke a license to operate an agency to provide personal care 32
services in the home if, with respect to that agency, the licensee 33
that operates the agency, or an agent or employee of the licensee: 34
(a) Is convicted of violating any of the provisions of 35
NRS 202.470; 36
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 37
244.360, 244.3603 or 268.4124; or 38
(c) Is ordered by the appropriate governmental agency to 39
correct a violation of a building, safety or health code or 40
regulation but fails to correct the violation. 41
3. The Division shall maintain a log of any complaints that it 42
receives relating to activities for which the Division may revoke 43
the license to operate an agency to provide personal care services 44
in the home pursuant to subsection 2. 45
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4. On or before February 1 of each odd-numbered year, the 1
Division shall submit to the Director of the Legislative Counsel 2
Bureau a written report setting forth, for the previous biennium: 3
(a) Any complaints included in the log maintained by the 4
Division pursuant to subsection 3; and 5
(b) Any disciplinary actions taken by the Division pursuant to 6
subsection 2. 7
Sec. 45. 1. In addition to the payment of the amount 8
required by section 17 of this act, if an agency to provide personal 9
care services in the home violates any provision related to its 10
licensure, including any provision of sections 2 to 58, inclusive, of 11
this act or any condition, standard or regulation adopted by the 12
Board, the Division, in accordance with the regulations adopted 13
pursuant to section 46 of this act, may: 14
(a) Prohibit the agency to provide personal care services in the 15
home from providing services to a client until it determines that 16
the agency has corrected the violation; 17
(b) Except where a greater penalty is authorized by subsection 18
2, impose an administrative penalty of not more than $5,000 per 19
day for each violation, together with interest thereon at a rate not 20
to exceed 10 percent per annum; and 21
(c) Appoint temporary management to oversee the operation of 22
the agency to provide personal care services in the home and to 23
ensure the health and safety of the clients of the agency, until: 24
(1) It determines that the agency has corrected the violation 25
and has management which is capable of ensuring continued 26
compliance with the applicable statutes, conditions, standards and 27
regulations; or 28
(2) Improvements are made to correct the violation. 29
2. If the agency to provide personal care services in the home 30
fails to pay any administrative penalty imposed pursuant to 31
paragraph (b) of subsection 1, the Division may: 32
(a) Suspend the license of the agency until the administrative 33
penalty is paid; and 34
(b) Collect court costs, reasonable attorney’s fees and other 35
costs incurred to collect the administrative penalty. 36
3. The Division may require any agency to provide personal 37
care services in the home that violates any provision of sections 2 38
to 58, inclusive, of this act or any condition, standard or 39
regulation adopted by the Board to make any improvements 40
necessary to correct the violation. 41
4. Any money collected as administrative penalties pursuant 42
to paragraph (b) of subsection 1 must be accounted for separately 43
and used to administer and carry out the provisions of chapter 44
449A of NRS and sections 2 to 58, inclusive, of this act to protect 45
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the health, safety, well-being and property of the clients in 1
accordance with applicable state and federal standards or for any 2
other purpose authorized by the Legislature. 3
Sec. 46. The Board shall adopt regulations establishing the 4
criteria for the imposition of each sanction prescribed by section 5
45 of this act. These regulations must: 6
1. Prescribe the circumstances and manner in which each 7
sanction applies; 8
2. Minimize the time between identification of a violation and 9
the imposition of a sanction; 10
3. Provide for the imposition of incrementally more severe 11
sanctions for repeated or uncorrected violations; 12
4. Provide for less severe sanctions for lesser violations of 13
applicable state statutes, conditions, standards or regulations; and 14
5. Establish an administrative penalty to be imposed if a 15
violation of sections 2 to 58, inclusive, of this act causes harm or 16
the risk of harm to more than one person. 17
Sec. 47. 1. When the Division intends to deny, suspend or 18
revoke a license, or impose any sanction prescribed by section 45 19
of this act, it shall give reasonable notice to all parties by certified 20
mail. The notice must contain the legal authority, jurisdiction and 21
reasons for the action to be taken. Notice is not required if the 22
Division finds that the public health requires immediate action. In 23
that case, it may order a summary suspension of a license 24
pursuant to this section and NRS 233B.127 or impose any 25
sanction prescribed by section 45 of this act, pending proceedings 26
for revocation or other action. 27
2. If a person wants to contest the action of the Division, the 28
person must file an appeal pursuant to regulations adopted by the 29
Board. 30
3. Upon receiving notice of an appeal, the Division shall hold 31
a hearing pursuant to regulations adopted by the Board. 32
4. The Board shall adopt such regulations as are necessary to 33
carry out the provisions of this section. 34
Sec. 48. 1. If the Division suspends the license of an 35
agency to provide personal care services in the home pursuant to 36
the provisions of this chapter, or if such an agency otherwise 37
ceases to operate, including, without limitation, pursuant to an 38
action or order of a health authority pursuant to chapter 441A of 39
NRS, the Division may, if deemed necessary by the Administrator 40
of the Division, take control of and ensure the safety of the records 41
of the agency. 42
2. Subject to the provisions of the Health Insurance 43
Portability and Accountability Act of 1996, Public Law 104-191, 44
the Division shall: 45
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(a) Maintain the confidentiality of the records obtained 1
pursuant to subsection 1. 2
(b) Share records obtained pursuant to subsection 1 with law 3
enforcement agencies in this State and other governmental entities 4
which have authority to license the agency to provide personal 5
care services in the home or to license the owners or employees of 6
the agency. 7
(c) Release a record obtained pursuant to subsection 1 to the 8
client or legal guardian of the client who is the subject of the 9
record. 10
3. The Board shall adopt regulations to carry out the 11
provisions of this section, including, without limitation, 12
regulations for contracting with a person to maintain any records 13
under the control of the Division pursuant to subsection 1 and for 14
payment by the agency to provide personal care services in the 15
home of the cost of maintaining medical records. 16
Sec. 49. 1. In addition to the grounds listed in section 44 of 17
this act, the Division or the Board, as applicable, may deny a 18
license to operate an agency to provide personal care services in 19
the home or employment agency that contracts with persons to 20
provide nonmedical services related to personal care to elderly 21
persons or persons with disabilities in the home to an applicant or 22
may suspend or revoke the license of a licensee to operate such an 23
agency if: 24
(a) The applicant or licensee has been convicted of: 25
(1) Murder, voluntary manslaughter or mayhem; 26
(2) Assault or battery with intent to kill or to commit sexual 27
assault or mayhem; 28
(3) Sexual assault, statutory sexual seduction, incest, 29
lewdness or indecent exposure, or any other sexually related crime 30
that is punished as a felony; 31
(4) Prostitution, solicitation, lewdness or indecent exposure, 32
or any other sexually related crime that is punished as a 33
misdemeanor, within the immediately preceding 7 years; 34
(5) A crime involving domestic violence that is punished as 35
a felony; 36
(6) A crime involving domestic violence that is punished as 37
a misdemeanor, within the immediately preceding 7 years; 38
(7) Abuse or neglect of a child or contributory delinquency; 39
(8) A violation of any federal or state law regulating the 40
possession, distribution or use of any controlled substance or any 41
dangerous drug as defined in chapter 454 of NRS, within the 42
immediately preceding 7 years; 43
(9) Abuse, neglect, exploitation, isolation or abandonment 44
of older persons or vulnerable persons, including, without 45
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- *AB519_R1*
limitation, a violation of any provision of NRS 200.5091 to 1
200.50995, inclusive, or a law of any other jurisdiction that 2
prohibits the same or similar conduct; 3
(10) A violation of any provision of law relating to 4
Medicaid or a law of any other jurisdiction that prohibits the same 5
or similar conduct, within the immediately preceding 7 years; 6
(11) A violation of any provision of NRS 422.450 to 7
422.590, inclusive; 8
(12) A criminal offense under the laws governing Medicaid 9
or Medicare, within the immediately preceding 7 years; 10
(13) Any offense involving fraud, theft, embezzlement, 11
burglary, robbery, fraudulent conversion or misappropriation of 12
property, within the immediately preceding 7 years; 13
(14) Any other felony involving the use or threatened use of 14
force or violence against the victim or the use of a firearm or other 15
deadly weapon; or 16
(15) An attempt or conspiracy to commit any of the offenses 17
listed in this paragraph, within the immediately preceding 7 years; 18
or 19
(b) The licensee has, in violation of section 40 of this act, 20
continued to employ a person who has been convicted of a crime 21
listed in paragraph (a). 22
2. In addition to the grounds listed in section 44 of this act, 23
the Division or the Board, as applicable, may suspend or revoke 24
the license of a licensee to operate an agency to provide personal 25
care services in the home or employment agency that contracts 26
with persons to provide nonmedical services related to personal 27
care to elderly persons or persons with disabilities in the home if 28
the licensee has, in violation of section 40 of this act, continued to 29
employ a person who has been convicted of a crime listed in 30
paragraph (a) of subsection 1. 31
3. As used in this section: 32
(a) “Domestic violence” means an act described in 33
NRS 33.018. 34
(b) “Medicaid” has the meaning ascribed to it in 35
NRS 439B.120. 36
(c) “Medicare” has the meaning ascribed to it in 37
NRS 439B.130. 38
Sec. 50. 1. If the Division receives a copy of a court order 39
issued pursuant to NRS 425.540 that provides for the suspension 40
of all professional, occupational and recreational licenses, 41
certificates and permits issued to a person who is the holder of 42
license, the Division shall deem the license issued to that person to 43
be suspended at the end of the 30th day after the date on which the 44
court order was issued unless the Division receives a letter issued 45
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to the holder of the license by the district attorney or other public 1
agency pursuant to NRS 425.550 stating that the holder of the 2
license has complied with the subpoena or warrant or has satisfied 3
the arrearage pursuant to NRS 425.560. 4
2. The Division shall reinstate a license issued pursuant to 5
sections 2 to 58, inclusive, of this act that has been suspended by a 6
district attorney pursuant to NRS 425.540 if the Division receives 7
a letter issued by the district attorney or other public agency 8
pursuant to NRS 425.550 to the person whose certificate was 9
suspended stating that the person whose license was suspended 10
has complied with the subpoena or warrant or has satisfied the 11
arrearage pursuant to NRS 425.560. 12
Sec. 51. If a patient is released by a hospital to his or her 13
residence to receive care from an agency to provide personal care 14
services in the home, the agency to provide personal care services 15
in the home shall consult with a dietitian, as appropriate, to 16
ensure that the patient or the person with primary responsibility 17
for the care of the patient understands the dietary needs of the 18
patient. 19
Sec. 52. An agency to provide personal care services in the 20
home that is licensed pursuant to this chapter may, through its 21
employees or by contractual arrangement with other persons, 22
provide: 23
1. To persons with disabilities, any medical services 24
authorized pursuant to NRS 629.091; and 25
2. Nonmedical services related to personal care to elderly 26
persons or persons with disabilities to assist those persons with 27
activities of daily living. 28
Sec. 53. Any person who is employed by an agency to provide 29
personal care services in the home who: 30
1. Has successfully completed a course in cardiopulmonary 31
resuscitation according to the guidelines of the American National 32
Red Cross or American Heart Association; 33
2. Has successfully completed the training requirements of a 34
course in basic emergency care of a person in cardiac arrest 35
conducted in accordance with the standards of the American 36
Heart Association; or 37
3. Has successfully completed the training requirements of a 38
course in the use and administration of first aid, including 39
cardiopulmonary resuscitation, 40
and who in good faith renders emergency care or assistance in 41
accordance with the person’s training, in the course of his or her 42
regular employment or profession, to an elderly person or a 43
person with a disability, is not liable for any civil damages as a 44
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result of any act or omission, not amounting to gross negligence, 1
by that person in rendering that care. 2
Sec. 54. The name, sign, listing or other designation of an 3
agency to provide personal care services in the home must not 4
contain any terms misleading to the public with regard to the 5
services offered. 6
Sec. 55. 1. An agency to provide personal care services in 7
the home or an employee of such an agency shall not: 8
(a) Refer a person to a residential facility for groups that is not 9
licensed by the Division; or 10
(b) Refer a person to a residential facility for groups if the 11
agency to provide personal care services in the home or its 12
employee knows or reasonably should know that the residential 13
facility for groups, or the services provided by the residential 14
facility for groups, are not appropriate for the condition of the 15
person being referred. 16
2. If an agency to provide personal care services in the home 17
or an employee of such an agency violates the provisions of 18
subsection 1, the agency to provide personal care services in the 19
home is liable for a civil penalty to be recovered by the Attorney 20
General in the name of the Board for the first offense of not more 21
than $10,000 and for a second or subsequent offense of not less 22
than $10,000 or more than $20,000. Unless otherwise required by 23
federal law, the Board shall deposit all civil penalties collected 24
pursuant to this section into a separate account in the State 25
General Fund to be used for the enforcement of this section and 26
the protection of the health, safety, well-being and property of 27
residents of residential facilities for groups. 28
3. The Board shall: 29
(a) Establish and maintain a system to track violations of this 30
section. Except as otherwise provided in this paragraph, records 31
created by or for the system are public records and are available 32
for public inspection. The following information is confidential: 33
(1) Any personally identifying information relating to a 34
person who is referred to a residential facility for groups. 35
(2) Information which may not be disclosed under federal 36
law. 37
(b) Educate the public regarding the requirements and 38
prohibitions set forth in this section and NRS 449.0305. 39
4. As used in this section, “residential facility for groups” has 40
the meaning ascribed to it in NRS 449.017. 41
Sec. 56. 1. In addition to the payment of the amount 42
required by section 17 of this act and any civil penalty imposed 43
pursuant to subsection 4, a person who operates an agency to 44
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- *AB519_R1*
provide personal care services in the home without a license issued 1
by the Division is guilty of a misdemeanor. 2
2. If the Division believes that a person is operating an 3
agency to provide personal care services in the home without such 4
a license, the Division may issue an order to cease and desist the 5
operation of the agency. The order must be served upon the person 6
by personal delivery or by certified or registered mail, return 7
receipt requested. The order is effective upon service. 8
3. If a person does not voluntarily cease operating an agency 9
to provide personal care services in the home without a license or 10
apply for licensure within 30 days after the date of service of the 11
order pursuant to subsection 2, the Division may bring an action 12
in a court of competent jurisdiction pursuant to section 57 of this 13
act. 14
4. Upon a showing by the Division that a person is operating 15
an agency to provide personal care services in the home without a 16
license, a court of competent jurisdiction may: 17
(a) Enjoin the person from operating the agency. 18
(b) Impose a civil penalty on the operator to be recovered by 19
the Division of not more than $10,000 for the first offense or not 20
less than $10,000 or more than $25,000 for a second or 21
subsequent offense. 22
5. Unless otherwise required by federal law, the Division 23
shall deposit all civil penalties collected pursuant to paragraph (b) 24
of subsection 4 into a separate account in the State General Fund 25
to be used to administer and carry out the provisions of sections 2 26
to 58, inclusive, of this act and to protect the health, safety, well-27
being and property of the clients in accordance with applicable 28
state and federal standards. 29
Sec. 57. 1. The Division may bring an action in the name 30
of the State to enjoin any person, state or local government unit or 31
agency thereof from operating or maintaining any agency to 32
provide personal care services in the home or employment agency 33
that contracts with persons to provide nonmedical services related 34
to personal care to elderly persons or persons with disabilities in 35
the home within the meaning of sections 2 to 58, inclusive, of this 36
act: 37
(a) Without first obtaining a license therefor; or 38
(b) After his or her license has been revoked or suspended by 39
the Division. 40
2. It is sufficient in such action to allege that the defendant 41
did, on a certain date and in a certain place, operate and maintain 42
such an agency without a license. 43
Sec. 58. The district attorney of the county in which an 44
agency to provide personal care services in the home or 45
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employment agency that contracts with persons to provide 1
nonmedical services related to personal care to elderly persons or 2
persons with disabilities in the home is located shall, upon 3
application by the Division, institute and conduct the prosecution 4
of any action for violation of any provisions of sections 2 to 58, 5
inclusive, of this act. 6
Sec. 59. As used in sections 59 to 90, inclusive, of this act, 7
unless the context otherwise requires, “intermediary service 8
organization” means a nongovernmental entity that provides 9
services authorized pursuant to section 60 of this act for a person 10
with a disability or other responsible person. 11
Sec. 60. 1. An intermediary service organization that is 12
certified pursuant to sections 59 to 90, inclusive, of this act may 13
provide services for a person with a disability or other responsible 14
person relating to personal assistance received by the person with 15
a disability. The services that may be provided by an intermediary 16
service organization include, without limitation: 17
(a) Obtaining a criminal background check of a personal 18
assistant selected by the person with a disability or other 19
responsible person to provide nonmedical services and any 20
medical services authorized pursuant to NRS 629.091; 21
(b) Providing payroll services to pay the personal assistant and 22
determine any tax liability; 23
(c) Providing services relating to financial management; and 24
(d) Providing any other services relating to the employment of 25
a personal assistant and any other financial assistance relating to 26
the personal assistance for the person with a disability. 27
2. As used in this section: 28
(a) “Other responsible person” means: 29
(1) A parent or guardian of, or any other person legally 30
responsible for, a person with a disability who is under the age of 31
18 years; or 32
(2) A parent, spouse, guardian or adult child of a person 33
with a disability who suffers from a cognitive impairment. 34
(b) “Personal assistance” means the provision of any goods or 35
services to help a person with a disability maintain his or her 36
independence, personal hygiene and safety, including, without 37
limitation, the provision of services by a personal assistant. 38
(c) “Personal assistant” means a person who, for 39
compensation and under the direction of a person with a disability 40
or other responsible person, performs services for a person with a 41
disability to help the person maintain his or her independence, 42
personal hygiene and safety. 43
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Sec. 61. 1. The Board shall adopt regulations authorizing 1
an employee of an intermediary service organization, with the 2
consent of the person receiving services, to: 3
(a) Check, record and report the temperature, blood pressure, 4
apical or radial pulse, respiration or oxygen saturation of a person 5
receiving services from the organization; 6
(b) Using an auto-injection device approved by the Food and 7
Drug Administration for use in the home, administer to a person 8
receiving services from the organization insulin furnished by a 9
registered pharmacist as directed by a physician or assist such a 10
person with the self-administration of such insulin; and 11
(c) Using a device for monitoring blood glucose approved by 12
the Food and Drug Administration for use in the home, perform a 13
blood glucose test on a person receiving services from the 14
organization or assist such a person to perform a blood glucose 15
test on himself or herself. 16
2. The regulations adopted pursuant to this section: 17
(a) Must require the tasks described in subsection 1 to be 18
performed in conformance with the Clinical Laboratory 19
Improvement Amendments of 1988, Public Law No. 100-578, 42 20
U.S.C. § 263a, if applicable, and any other applicable federal law 21
or regulation; 22
(b) Must prohibit the use of a device for monitoring blood 23
glucose on more than one person; and 24
(c) May require a person to receive training before performing 25
any task described in subsection 1. 26
Sec. 62. 1. Except as otherwise provided in subsection 2, a 27
person shall not operate or maintain in this State an intermediary 28
service organization without first obtaining a certificate to operate 29
an intermediary service organization as provided in sections 59 to 30
90, inclusive, of this act. 31
2. A person who is licensed to operate an agency to provide 32
personal care services in the home pursuant to this chapter is not 33
required to obtain a certificate to operate an intermediary service 34
organization as described in this section. 35
3. A person who violates the provisions of this section is 36
guilty of a misdemeanor. 37
Sec. 63. Any person wishing to obtain a certificate to operate 38
an intermediary service organization pursuant to the provisions of 39
sections 59 to 90, inclusive, of this act must file with the Division 40
an application, on a form prescribed, prepared and furnished by 41
the Division, containing: 42
1. The name of the applicant and, if a person, whether the 43
applicant has attained the age of 21 years. 44
2. The location of the intermediary service organization. 45
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3. The name of the person in charge of the intermediary 1
service organization. 2
4. Such other information as may be required by the Division 3
for the proper administration and enforcement of sections 59 to 4
90, inclusive, of this act. 5
5. Evidence satisfactory to the Division that the applicant is 6
of reputable and responsible character. If the applicant is a firm, 7
association, organization, partnership, business trust, corporation 8
or company, similar evidence must be submitted as to the members 9
thereof, and the person in charge of the intermediary service 10
organization for which the application is made. 11
6. Evidence satisfactory to the Division of the ability of the 12
applicant to comply with the provisions of sections 59 to 90, 13
inclusive, of this act and the standards and regulations adopted by 14
the Board. 15
Sec. 64. An application for the issuance of a certificate to 16
operate an intermediary service organization pursuant to section 17
63 of this act must include the social security number of the 18
applicant. 19
Sec. 65. 1. An applicant for the issuance or renewal of a 20
certificate to operate an intermediary service organization must 21
submit to the Division the statement prescribed by the Division of 22
Welfare and Supportive Services of the Department of Health and 23
Human Services pursuant to NRS 425.520. The statement must be 24
completed and signed by the applicant. 25
2. The Division shall include the statement required pursuant 26
to subsection 1 in: 27
(a) The application or any other forms that must be submitted 28
for the issuance or renewal of the certificate; or 29
(b) A separate form prescribed by the Division. 30
3. A certificate to operate an intermediary service 31
organization may not be issued or renewed by the Division if the 32
applicant: 33
(a) Fails to submit the statement required pursuant to 34
subsection 1; or 35
(b) Indicates on the statement submitted pursuant to 36
subsection 1 that the applicant is subject to a court order for the 37
support of a child and is not in compliance with the order or a 38
plan approved by the district attorney or other public agency 39
enforcing the order for the repayment of the amount owed 40
pursuant to the order. 41
4. If an applicant indicates on the statement submitted 42
pursuant to subsection 1 that the applicant is subject to a court 43
order for the support of a child and is not in compliance with the 44
order or a plan approved by the district attorney or other public 45
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agency enforcing the order for the repayment of the amount owed 1
pursuant to the order, the Division shall advise the applicant to 2
contact the district attorney or other public agency enforcing the 3
order to determine the actions that the applicant may take to 4
satisfy the arrearage. 5
Sec. 66. Each application for a certificate to operate an 6
intermediary service organization must be accompanied by such 7
fee as may be determined by regulation of the Board. The Board 8
may, by regulation, allow or require payment of a fee for a 9
certificate in installments and may fix the amount of each 10
payment and the date on which the payment is due. 11
Sec. 67. 1. Except as otherwise provided in subsection 6 12
and section 68 of this act, each intermediary service organization 13
shall, when applying for a certificate or renewing a certificate, file 14
with the Administrator of the Division of Public and Behavioral 15
Health a surety bond: 16
(a) If the intermediary service organization employs less than 17
7 employees, in the amount of $5,000; 18
(b) If the intermediary service organization employs at least 7 19
but not more than 25 employees, in the amount of $25,000; or 20
(c) If the intermediary service organization employs more than 21
25 employees, in the amount of $50,000. 22
2. A bond filed pursuant to this section must be executed by 23
the intermediary service organization as principal and by a surety 24
company as surety. The bond must be payable to the Aging and 25
Disability Services Division of the Department of Health and 26
Human Services and must be conditioned to provide 27
indemnification to an older patient whom the Attorney for the 28
Rights of Older Persons and Persons with a Physical Disability, an 29
Intellectual Disability or a Related Condition determines has 30
suffered property damage as a result of any act or failure to act by 31
the intermediary service organization to protect the property of the 32
older patient. 33
3. Except when a surety is released, the surety bond must 34
cover the period of the initial certificate to operate or the period of 35
the renewal, as appropriate. 36
4. A surety on any bond filed pursuant to this section may be 37
released after the surety gives 30 days’ written notice to the 38
Administrator of the Division of Public and Behavioral Health, 39
but the release does not discharge or otherwise affect any claim 40
filed by an older patient for property damaged as a result of any 41
act or failure to act by the intermediary service organization to 42
protect the property of the older patient alleged to have occurred 43
while the bond was in effect. 44
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5. A certificate is suspended by operation of law when the 1
intermediary service organization is no longer covered by a surety 2
bond as required by this section or by a substitute for the surety 3
bond pursuant to section 68 of this act. The Administrator of the 4
Division of Public and Behavioral Health shall give the 5
intermediary service organization at least 20 days’ written notice 6
before the release of the surety or the substitute for the surety, to 7
the effect that the certificate will be suspended by operation of law 8
until another surety bond or substitute for the surety bond is filed 9
in the same manner and amount as the bond or substitute being 10
terminated. 11
6. The requirement of filing a surety bond set forth in this 12
section does not apply to an intermediary service organization that 13
is operated and maintained by the State of Nevada or an agency 14
thereof. 15
7. As used in this section, “older patient” means a patient 16
who is 60 years of age or older. 17
Sec. 68. 1. As a substitute for the surety bond required 18
pursuant to section 67 of this act, an intermediary service 19
organization may deposit with any bank or trust company 20
authorized to do business in this State, upon approval from the 21
Administrator of the Division of Public and Behavioral Health: 22
(a) An obligation of a bank, savings and loan association, 23
savings bank, thrift company or credit union licensed to do 24
business in this State; 25
(b) Bills, bonds, notes, debentures or other obligations of the 26
United States or any agency or instrumentality thereof, or 27
guaranteed by the United States; or 28
(c) Any obligation of this State or any city, county, town, 29
township, school district or other instrumentality of this State, or 30
guaranteed by this State, in an aggregate amount, based upon 31
principal amount or market value, whichever is lower. 32
2. The obligations of a bank, savings and loan association, 33
savings bank, thrift company or credit union must be held to 34
secure the same obligation as would the surety bond required by 35
section 67 of this act. With the approval of the Administrator of 36
the Division of Public and Behavioral Health, the depositor may 37
substitute other suitable obligations for those deposited, which 38
must be assigned to the Aging and Disability Services Division of 39
the Department of Health and Human Services and are negotiable 40
only upon approval by the Administrator of the Aging and 41
Disability Services Division. 42
3. Any interest or dividends earned on the deposit accrue to 43
the account of the depositor. 44
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4. The deposit must be an amount at least equal to the surety 1
bond required by section 67 of this act and must state that the 2
amount may not be withdrawn except by direct and sole order of 3
the Administrator of the Aging and Disability Services Division. 4
Sec. 69. 1. The Division shall not deny the application of a 5
person for a certificate to operate an intermediary service 6
organization pursuant to section 63 of this act based solely on his 7
or her immigration status. 8
2. Notwithstanding the provisions of section 64 of this act, an 9
applicant for a certificate to operate an intermediary service 10
organization who does not have a social security number must 11
provide an alternative personally identifying number, including, 12
without limitation, his or her individual taxpayer identification 13
number, when completing an application for a certificate to 14
operate an intermediary service organization. 15
3. The Division shall not disclose to any person who is not 16
employed by the Division the social security number or alternative 17
personally identifying number, including, without limitation, an 18
individual taxpayer identification number, of an applicant for a 19
license for any purpose except: 20
(a) Tax purposes; 21
(b) Licensing purposes; and 22
(c) Enforcement of an order for the payment of child support. 23
4. A social security number or alternative personally 24
identifying number, including, without limitation, an individual 25
taxpayer identification number, provided to the Division is 26
confidential and is not a public record for the purposes of chapter 27
239 of NRS. 28
Sec. 70. 1. The Division shall develop and implement a 29
process by which a person with a criminal history may petition the 30
Division to review the criminal history of the person to determine 31
if the person’s criminal history will disqualify the person from 32
obtaining a certificate to operate an intermediary service 33
organization pursuant to section 62 of this act. 34
2. Not later than 90 days after a petition is submitted to the 35
Division pursuant to subsection 1, the Division shall inform 36
the person of the determination of the Division of whether the 37
person’s criminal history will disqualify the person from obtaining 38
a certificate. The Division is not bound by its determination of 39
disqualification or qualification and may rescind such a 40
determination at any time. 41
3. The Division may provide instructions to a person who 42
receives a determination of disqualification to remedy the 43
determination of disqualification. A person may resubmit a 44
petition pursuant to subsection 1 not earlier than 6 months after 45
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receiving instructions pursuant to this subsection if the person 1
remedies the determination of disqualification. 2
4. A person with a criminal history may petition the Division 3
at any time, including, without limitation, before obtaining any 4
education or paying any fee required to obtain a certificate from 5
the Division. 6
5. A person may submit a new petition to the Division not 7
earlier than 2 years after the final determination of the initial 8
petition submitted to the Division. 9
6. The Division may impose a fee of up to $50 upon the 10
person to fund the administrative costs in complying with the 11
provisions of this section. The Division may waive such fees or 12
allow such fees to be covered by funds from a scholarship or 13
grant. 14
7. The Division may post on its Internet website: 15
(a) The requirements to obtain a certificate from the Division; 16
and 17
(b) A list of crimes, if any, that would disqualify a person from 18
obtaining a certificate from the Division. 19
8. The Division may request the criminal history record of a 20
person who petitions the Division for a determination pursuant to 21
subsection 1. To the extent consistent with federal law, if the 22
Division makes such a request of a person, the Division shall 23
require the person to submit his or her criminal history record 24
which includes a report from: 25
(a) The Central Repository for Nevada Records of Criminal 26
History; and 27
(b) The Federal Bureau of Investigation. 28
9. A person who petitions the Division for a determination 29
pursuant to subsection 1 shall not submit false or misleading 30
information to the Division. 31
10. The Division shall, on or before the 20th day of January, 32
April, July and October, submit to the Director of the Legislative 33
Counsel Bureau in an electronic format prescribed by the 34
Director, a report that includes: 35
(a) The number of petitions submitted to the Division pursuant 36
to subsection 1; 37
(b) The number of determinations of disqualification made by 38
the Division pursuant to subsection 1; 39
(c) The reasons for such determinations; and 40
(d) Any other information that is requested by the Director or 41
which the Division determines would be helpful. 42
11. The Director shall transmit a compilation of the 43
information received pursuant to subsection 10 to the Legislative 44
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Commission quarterly, unless otherwise directed by the 1
Commission. 2
Sec. 71. 1. The Division shall issue the certificate to 3
operate an intermediary service organization to the applicant if, 4
after investigation, the Division finds that the applicant is in: 5
(a) Full compliance with the provisions of sections 59 to 90, 6
inclusive, of this act; and 7
(b) Substantial compliance with the standards and regulations 8
adopted by the Board. 9
2. A certificate applies only to the person to whom it is issued 10
and is not transferable. 11
Sec. 72. Each certificate to operate an intermediary service 12
organization issued by the Division pursuant to sections 59 to 90, 13
inclusive, of this act must be in the form prescribed by the Division 14
and must contain: 15
1. The name of the person or persons authorized to operate 16
the intermediary service organization; 17
2. The location of the intermediary service organization; and 18
3. The services offered by the intermediary service 19
organization. 20
Sec. 73. 1. Each certificate to operate an intermediary 21
service organization issued pursuant to sections 59 to 90, 22
inclusive, of this act expires on December 31 following its 23
issuance and is renewable for 1 year upon reapplication and 24
payment of all fees required pursuant to section 66 of this act 25
unless the Division finds, after an investigation, that the 26
intermediary service organization has not satisfactorily complied 27
with the provisions of sections 59 to 90, inclusive, of this act or the 28
standards and regulations adopted by the Board. 29
2. Each reapplication for an intermediary service 30
organization must include, without limitation, a statement that the 31
organization is in compliance with the provisions of sections 80 to 32
85, inclusive, of this act. 33
Sec. 74. 1. In addition to any other requirements set forth 34
in sections 59 to 90, inclusive, of this act, an applicant for the 35
renewal of a certificate as an intermediary service organization 36
must indicate in the application submitted to the Division whether 37
the applicant has a state business license. If the applicant has a 38
state business license, the applicant must include in the 39
application the business identification number assigned by the 40
Secretary of State upon compliance with the provisions of chapter 41
76 of NRS. 42
2. A certificate as an intermediary service organization may 43
not be renewed by the Division if: 44
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(a) The applicant fails to submit the information required by 1
subsection 1; or 2
(b) The State Controller has informed the Division pursuant to 3
subsection 5 of NRS 353C.1965 that the applicant owes a debt to 4
an agency that has been assigned to the State Controller for 5
collection and the applicant has not: 6
(1) Satisfied the debt; 7
(2) Entered into an agreement for the payment of the debt 8
pursuant to NRS 353C.130; or 9
(3) Demonstrated that the debt is not valid. 10
3. As used in this section: 11
(a) “Agency” has the meaning ascribed to it in NRS 353C.020. 12
(b) “Debt” has the meaning ascribed to it in NRS 353C.040. 13
Sec. 75. The Division may deny an application for a 14
certificate to operate an intermediary service organization or may 15
suspend or revoke any certificate issued under the provisions of 16
sections 59 to 90, inclusive, of this act upon any of the following 17
grounds: 18
1. Violation by the applicant or the holder of a certificate of 19
any of the provisions of sections 59 to 90, inclusive, of this act or 20
of any other law of this State or of the standards, rules and 21
regulations adopted thereunder. 22
2. Aiding, abetting or permitting the commission of any 23
illegal act. 24
3. Conduct inimical to the public health, morals, welfare and 25
safety of the people of the State of Nevada in the operation of an 26
intermediary service organization. 27
4. Conduct or practice detrimental to the health or safety of a 28
person under contract with or employees of the intermediary 29
service organization. 30
Sec. 76. 1. If the Division receives a copy of a court order 31
issued pursuant to NRS 425.540 that provides for the suspension 32
of all professional, occupational and recreational licenses, 33
certificates and permits issued to a person who is the holder of a 34
certificate to operate an intermediary service organization, the 35
Division shall deem the certificate issued to that person to be 36
suspended at the end of the 30th day after the date on which the 37
court order was issued unless the Division receives a letter issued 38
to the holder of the certificate by the district attorney or other 39
public agency pursuant to NRS 425.550 stating that the holder of 40
the certificate has complied with the subpoena or warrant or has 41
satisfied the arrearage pursuant to NRS 425.560. 42
2. The Division shall reinstate a certificate to operate an 43
intermediary service organization that has been suspended by a 44
district court pursuant to NRS 425.540 if the Division receives a 45
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letter issued by the district attorney or other public agency 1
pursuant to NRS 425.550 to the person whose certificate was 2
suspended stating that the person whose certificate was suspended 3
has complied with the subpoena or warrant or has satisfied the 4
arrearage pursuant to NRS 425.560. 5
Sec. 77. 1. The Division may cancel a certificate to operate 6
an intermediary service organization and issue a provisional 7
certificate, effective for a period determined by the Division, to the 8
intermediary service organization if the intermediary service 9
organization: 10
(a) Is in operation at the time of the adoption of standards and 11
regulations pursuant to the provisions of sections 59 to 90, 12
inclusive, of this act and the Division determines that the 13
intermediary service organization requires a reasonable time 14
under the particular circumstances within which to comply with 15
the standards and regulations; or 16
(b) Has failed to comply with the standards or regulations and 17
the Division determines that the intermediary service organization 18
is in the process of making the necessary changes or has agreed to 19
make the changes within a reasonable time. 20
2. The provisions of subsection 1 do not require the issuance 21
of a certificate or prevent the Division from refusing to renew or 22
from revoking or suspending any certificate if the Division deems 23
such action necessary for the health and safety of a person for 24
whom the intermediary service organization provides services. 25
Sec. 78. 1. Money received from the certification of 26
intermediary service organizations: 27
(a) Must be forwarded to the State Treasurer for deposit in the 28
State Treasury; 29
(b) Must be accounted for separately in the State General 30
Fund; and 31
(c) May only be used to carry out the provisions of sections 59 32
to 90, inclusive, of this act. 33
2. The Division shall enforce the provisions of sections 59 to 34
90, inclusive, of this act and may incur any necessary expenses not 35
in excess of money appropriated for that purpose by the State or 36
received from the Federal Government. 37
Sec. 79. 1. The Board shall adopt regulations governing 38
the certification of intermediary service organizations and such 39
other regulations as it deems necessary to carry out the provisions 40
of sections 59 to 90, inclusive, of this act. 41
2. The Division may: 42
(a) Upon receipt of an application for a certificate to operate 43
an intermediary service organization, conduct an investigation 44
into the qualifications of personnel, methods of operation and 45
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policies and purposes of any person proposing to engage in the 1
operation of an intermediary service organization. 2
(b) Upon receipt of a complaint against an intermediary 3
service organization, except for a complaint concerning the cost of 4
services, conduct an investigation into the qualifications of 5
personnel, methods of operation and policies, procedures and 6
records of that intermediary service organization or any other 7
intermediary service organization which may have information 8
pertinent to the complaint. 9
(c) Employ such professional, technical and clerical assistance 10
as it deems necessary to carry out the provisions of sections 59 to 11
90, inclusive, of this act. 12
Sec. 80. 1. Each applicant for a certificate to operate an 13
intermediary service organization shall submit to the Central 14
Repository for Nevada Records of Criminal History one complete 15
set of fingerprints for submission to the Federal Bureau of 16
Investigation for its report. 17
2. The Central Repository for Nevada Records of Criminal 18
History shall determine whether the applicant has been convicted 19
of a crime listed in subsection 1 of section 85 of this act and 20
immediately inform the administrator of the facility, hospital, 21
agency, program or home, if any, and the Division of whether the 22
applicant has been convicted of such a crime. 23
Sec. 81. 1. Except as otherwise provided in subsections 2 24
and 3, within 10 days after hiring an employee, accepting an 25
employee of a temporary employment service or entering into a 26
contract with an independent contractor, the holder of a certificate 27
to operate an intermediary service organization shall: 28
(a) Obtain a written statement from the employee, employee of 29
the temporary employment service or independent contractor 30
stating whether he or she has been convicted of any crime listed in 31
subsection 1 of section 85 of this act; 32
(b) Obtain an oral and written confirmation of the information 33
contained in the written statement obtained pursuant to 34
paragraph (a); 35
(c) Obtain proof that the employee, employee of the temporary 36
employment service or independent contractor holds any required 37
license, permit or certificate; 38
(d) Obtain from the employee, employee of the temporary 39
employment service or independent contractor one set of 40
fingerprints and a written authorization to forward the 41
fingerprints to the Central Repository for Nevada Records of 42
Criminal History for submission to the Federal Bureau of 43
Investigation for its report; 44
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(e) Submit to the Central Repository for Nevada Records of 1
Criminal History the fingerprints obtained pursuant to paragraph 2
(d) to obtain information on the background and personal history 3
of each employee, employee of a temporary employment service or 4
independent contractor to determine whether the person has been 5
convicted of any crime listed in subsection 1 of section 85 of this 6
act; and 7
(f) If an Internet website has been established pursuant to 8
NRS 439.942: 9
(1) Screen the employee, employee of the temporary 10
employment service or independent contractor using the Internet 11
website. Upon request of the Division, proof that the employee, 12
temporary employee or independent contractor was screened 13
pursuant to this subparagraph must be provided to the Division. 14
(2) Enter on the Internet website information to be 15
maintained on the website concerning the employee, employee of 16
the temporary employment service or independent contractor. 17
2. The holder of a certificate to operate an intermediary 18
service organization is not required to obtain the information 19
described in subsection 1 from an employee, employee of a 20
temporary employment service or independent contractor if his or 21
her fingerprints have been submitted to the Central Repository for 22
Nevada Records of Criminal History for submission to the Federal 23
Bureau of Investigation for its report within the immediately 24
preceding 6 months and the report of the Federal Bureau of 25
Investigation indicated that the employee, employee of the 26
temporary employment service or independent contractor has not 27
been convicted of any crime set forth in subsection 1 of section 85 28
of this act. 29
3. The holder of a certificate to operate an intermediary 30
service organization is not required to obtain the information 31
described in subsection 1, other than the information described in 32
paragraph (c) of subsection 1, from an employee, employee of a 33
temporary employment service or independent contractor if: 34
(a) The employee, employee of the temporary employment 35
service or independent contractor agrees to allow the holder of a 36
certificate to operate an intermediary service organization to 37
receive notice from the Central Repository for Nevada Records of 38
Criminal History regarding any conviction and subsequent 39
conviction of the employee, employee of the temporary 40
employment service or independent contractor of a crime listed in 41
subsection 1 of section 85 of this act; 42
(b) An agency, board or commission that regulates an 43
occupation or profession pursuant to title 54 of NRS or temporary 44
employment service has, within the immediately preceding 5 years, 45
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submitted the fingerprints of the employee, employee of the 1
temporary employment service or independent contractor to the 2
Central Repository for Nevada Records of Criminal History for 3
submission to the Federal Bureau of Investigation for its report; 4
and 5
(c) The report of the Federal Bureau of Investigation indicated 6
that the employee, employee of the temporary employment service 7
or independent contractor has not been convicted of any crime set 8
forth in subsection 1 of section 85 of this act. 9
4. The holder of a certificate to operate an intermediary 10
service organization shall ensure that the information concerning 11
the background and personal history of each employee, employee 12
of a temporary employment service or independent contractor who 13
works at or for the intermediary service organization is completed 14
as soon as practicable and at least once every 5 years after the date 15
of the initial investigation. The holder of the certificate shall, 16
when required: 17
(a) Obtain one set of fingerprints from the employee, employee 18
of the temporary employment service or independent contractor; 19
(b) Obtain written authorization from the employee, employee 20
of the temporary employment service or independent contractor to 21
forward the fingerprints obtained pursuant to paragraph (a) to the 22
Central Repository for Nevada Records of Criminal History for 23
submission to the Federal Bureau of Investigation for its report; 24
and 25
(c) Submit the fingerprints to the Central Repository for 26
Nevada Records of Criminal History or, if the fingerprints were 27
submitted electronically, obtain proof of electronic submission of 28
the fingerprints to the Central Repository for Nevada Records of 29
Criminal History. 30
5. Upon receiving fingerprints submitted pursuant to this 31
section, the Central Repository for Nevada Records of Criminal 32
History shall determine whether the employee, employee of the 33
temporary employment service or independent contractor has been 34
convicted of a crime listed in subsection 1 of section 85 of this act 35
and immediately inform the Division and the holder of the 36
certificate to operate an intermediary service organization for 37
which the person works whether the employee, employee of the 38
temporary employment service or independent contractor has been 39
convicted of such a crime. 40
6. The Central Repository for Nevada Records of Criminal 41
History may impose a fee upon an intermediary service 42
organization that submits fingerprints pursuant to this section for 43
the reasonable cost of the investigation. The intermediary service 44
organization may recover from the employee or independent 45
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contractor whose fingerprints are submitted not more than one-1
half of the fee imposed by the Central Repository. If the 2
intermediary service organization 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
intermediary service organization may require a temporary 7
employment service which employs a temporary employee whose 8
fingerprints are submitted to pay the fee imposed by the Central 9
Repository. An intermediary service organization shall notify a 10
temporary employment service if a person employed by the 11
temporary employment service is determined to be ineligible to 12
provide services to the intermediary service organization based 13
upon the results of an investigation conducted pursuant to this 14
section. 15
7. Unless a greater penalty is provided by law, a person who 16
willfully provides a false statement or information in connection 17
with an investigation of the background and personal history of 18
the person pursuant to this section that would disqualify the 19
person from employment, including, without limitation, a 20
conviction of a crime listed in subsection 1 of section 85 of this 21
act, is guilty of a misdemeanor. 22
Sec. 82. 1. A temporary employment service shall not send 23
an employee to provide services to an intermediary service 24
organization if the temporary employment service has received 25
notice from a holder of a certificate to operate an intermediary 26
service organization that the employee of the temporary 27
employment service is ineligible to provide such services. 28
2. A holder of a certificate to operate an intermediary service 29
organization who enters into an agreement with a temporary 30
employment service to provide services to the intermediary service 31
organization on a temporary basis must require the temporary 32
employment service to: 33
(a) Provide proof that each employee of the temporary 34
employment service whom it may send to provide services to the 35
intermediary service organization has been continuously employed 36
by the temporary employment service since the last investigation 37
conducted of the employee pursuant to section 81 of this act; and 38
(b) Notify the intermediary service organization if the 39
investigation conducted of an employee of the temporary 40
employment service pursuant to section 81 of this act has not been 41
conducted within the immediately preceding 5 years. 42
Sec. 83. 1. Each intermediary service organization shall 43
maintain accurate records of the information concerning its 44
employees, employees of a temporary employment service and 45
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independent contractors collected pursuant to section 81 of this 1
act, including, without limitation: 2
(a) A copy of the fingerprints submitted to the Central 3
Repository for Nevada Records of Criminal History or proof of 4
electronic fingerprint submission and a copy of the written 5
authorization that was provided by the employee, employee of the 6
temporary employment service or independent contractor; 7
(b) Proof that the fingerprints of the employee, employee of the 8
temporary employment service or independent contractor were 9
submitted to the Central Repository; and 10
(c) Any other documentation of the information collected 11
pursuant to section 81 of this act. 12
2. The records maintained pursuant to subsection 1 must be: 13
(a) Maintained for the period of the employment of the person 14
with the intermediary service organization; and 15
(b) Made available for inspection by the Division at any 16
reasonable time, and copies thereof must be furnished to the 17
Division upon request. 18
3. If an Internet website has been established pursuant to 19
NRS 439.942, an intermediary service organization shall maintain 20
a current list of its employees, employees of a temporary 21
employment service and independent contractors on the Internet 22
website. 23
4. The Central Repository for Nevada Records of Criminal 24
History may maintain an electronic image of fingerprints 25
submitted pursuant to sections 80 and 81 of this act to notify an 26
intermediary service organization and the Division of any 27
subsequent conviction of a person who is required to submit to an 28
investigation pursuant to sections 80 and 81 of this act. 29
Sec. 84. 1. Upon receiving information from the Central 30
Repository for Nevada Records of Criminal History pursuant to 31
section 81 of this act, or evidence from any other source, that an 32
employee, employee of a temporary employment service or 33
independent contractor of an intermediary service organization 34
has been convicted of a crime listed in subsection 1 of section 85 35
of this act, the holder of the certificate to operate the intermediary 36
service organization shall terminate the employment or contract of 37
that person or notify the temporary employment service that its 38
employee is prohibited from providing services for the 39
intermediary service organization after allowing the person time to 40
correct the information as required pursuant to subsection 2. 41
2. If an employee, employee of a temporary employment 42
service or independent contractor believes that the information 43
provided by the Central Repository is incorrect, the employee, 44
employee of the temporary employment service or independent 45
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contractor may immediately inform the intermediary service 1
organization. The intermediary service organization that is so 2
informed shall give the employee, employee of the temporary 3
employment service or independent contractor a reasonable 4
amount of time of not less than 30 days to correct the information 5
received from the Central Repository before terminating the 6
employment or contract of the person pursuant to subsection 1. 7
3. An intermediary service organization that has complied 8
with section 81 of this act may not be held civilly or criminally 9
liable based solely upon the ground that the intermediary service 10
organization allowed an employee, employee of a temporary 11
employment service or independent contractor to work: 12
(a) Before it received the information concerning the 13
employee, employee of the temporary employment service or 14
independent contractor from the Central Repository, except that 15
an employee, employee of a temporary employment service or 16
independent contractor shall not have contact with a child without 17
supervision before such information is received; 18
(b) During the period required pursuant to subsection 2 to 19
allow the employee, employee of the temporary employment 20
service or independent contractor to correct that information, 21
except that an employee, employee of a temporary employment 22
service or independent contractor shall not have contact with a 23
child without supervision during such period; 24
(c) Based on the information received from the Central 25
Repository, if the information received from the Central 26
Repository was inaccurate; or 27
(d) Any combination thereof. 28
An intermediary service organization may be held liable for any 29
other conduct determined to be negligent or unlawful. 30
Sec. 85. In addition to the grounds listed in section 75 of this 31
act, the Division may deny a certificate to operate an intermediary 32
service organization to an applicant or may suspend or revoke a 33
certificate of a holder of a certificate to operate an intermediary 34
service organization if: 35
1. The applicant for or holder of the certificate has been 36
convicted of: 37
(a) Murder, voluntary manslaughter or mayhem; 38
(b) Assault with intent to kill or to commit sexual assault or 39
mayhem; 40
(c) Sexual assault, statutory sexual seduction, incest, lewdness 41
or indecent exposure, or any other sexually related crime that is 42
punished as a felony; 43
(d) Prostitution, solicitation, lewdness or indecent exposure, or 44
any other sexually related crime that is punished as a 45
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misdemeanor, if the conviction occurred within the immediately 1
preceding 7 years; 2
(e) Abuse or neglect of a child or contributory delinquency; 3
(f) A violation of any federal or state law regulating the 4
possession, distribution or use of any controlled substance or any 5
dangerous drug as defined in chapter 454 of NRS, within the past 6
7 years; 7
(g) A violation of any provision of NRS 200.5099 or 8
200.50995; 9
(h) Any offense involving fraud, theft, embezzlement, burglary, 10
robbery, fraudulent conversion or misappropriation of property, 11
within the immediately preceding 7 years; or 12
(i) Any other felony involving the use of a firearm or other 13
deadly weapon, within the immediately preceding 7 years; or 14
2. The holder of a certificate has continued to employ a 15
person who has been convicted of a crime listed in subsection 1. 16
Sec. 86. 1. If an intermediary service organization violates 17
any provision related to its certification, including, without 18
limitation, any provision of sections 59 to 90, inclusive, of this act 19
or any condition, standard or regulation adopted by the Board, the 20
Division, in accordance with the regulations adopted pursuant to 21
section 87 of this act, may, as it deems appropriate: 22
(a) Prohibit the intermediary service organization from 23
providing services pursuant to section 60 of this act until it 24
determines that the intermediary service organization has 25
corrected the violation; 26
(b) Impose an administrative penalty of not more than $1,000 27
per day for each violation, together with interest thereon at a rate 28
not to exceed 10 percent per annum; and 29
(c) Appoint temporary management to oversee the operation of 30
the intermediary service organization and to ensure the health and 31
safety of the persons for whom the intermediary service 32
organization performs services, until: 33
(1) It determines that the intermediary service organization 34
has corrected the violation and has management which is capable 35
of ensuring continued compliance with the applicable statutes, 36
conditions, standards and regulations; or 37
(2) Improvements are made to correct the violation. 38
2. If the intermediary service organization fails to pay any 39
administrative penalty imposed pursuant to paragraph (b) of 40
subsection 1, the Division may: 41
(a) Suspend the certificate to operate an intermediary service 42
organization which is held by the intermediary service 43
organization until the administrative penalty is paid; and 44
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(b) Collect court costs, reasonable attorney’s fees and other 1
costs incurred to collect the administrative penalty. 2
3. The Division may require any intermediary service 3
organization that violates any provision of sections 59 to 90, 4
inclusive, of this act, or any condition, standard or regulation 5
adopted by the Board, to make any improvements necessary to 6
correct the violation. 7
4. Any money collected as administrative penalties pursuant 8
to this section must be accounted for separately and used to 9
protect the health or property of the persons for whom the 10
intermediary service organization performs services in accordance 11
with applicable federal standards. 12
Sec. 87. The Board shall adopt regulations establishing the 13
criteria for the imposition of each sanction prescribed by section 14
86 of this act. These regulations must: 15
1. Prescribe the circumstances and manner in which each 16
sanction applies; 17
2. Minimize the time between identification of a violation and 18
the imposition of a sanction; 19
3. Provide for the imposition of incrementally more severe 20
sanctions for repeated or uncorrected violations; and 21
4. Provide for less severe sanctions for lesser violations of 22
applicable state statutes, conditions, standards or regulations. 23
Sec. 88. 1. When the Division intends to deny, suspend or 24
revoke a certificate to operate an intermediary service 25
organization, or to impose any sanction prescribed by section 86 of 26
this act, the Division shall give reasonable notice to the holder of 27
the certificate by certified mail. The notice must contain the legal 28
authority, jurisdiction and reasons for the action to be taken. 29
Notice is not required if the Division finds that the public health 30
requires immediate action. In that case, the Division may order a 31
summary suspension of a certificate or impose any sanction 32
prescribed by section 86 of this act, pending proceedings for 33
revocation or other action. 34
2. If a person wants to contest the action of the Division, the 35
person must file an appeal pursuant to regulations adopted by the 36
Board. 37
3. Upon receiving notice of an appeal, the Division shall hold 38
a hearing pursuant to regulations adopted by the Board. 39
4. The Board shall adopt such regulations as are necessary to 40
carry out the provisions of this section. 41
Sec. 89. 1. Except as otherwise provided in subsection 2 of 42
section 62 of this act, the Division may bring an action in the 43
name of the State to enjoin any person from operating or 44
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maintaining an intermediary service organization within the 1
meaning of sections 59 to 90, inclusive, of this act: 2
(a) Without first obtaining a certificate to operate an 3
intermediary service organization; or 4
(b) After the person’s certificate has been revoked or 5
suspended by the Division. 6
2. It is sufficient in such an action to allege that the 7
defendant did, on a certain date and in a certain place, operate 8
and maintain the intermediary service organization without a 9
certificate. 10
Sec. 90. The district attorney of the county in which an 11
intermediary service organization operates shall, upon application 12
by the Division, institute and conduct the prosecution of any 13
action for violation of any provision of sections 59 to 90, inclusive, 14
of this act. 15
Sec. 91. NRS 439.942 is hereby amended to read as follows: 16
439.942 1. The Division may establish a secure Internet 17
website which makes certain information available for a website 18
client to conduct an investigation into the background and personal 19
history of a person that is required pursuant to the provisions of this 20
chapter or chapter 62B, 63, 424, 427A, 432, 432A, 432B, 433, 21
433B, 435 or 449 of NRS [.] or the chapter consisting of sections 2 22
to 90, inclusive, of this act. 23
2. To become a website client, a person or governmental entity 24
must: 25
(a) Create an account on the Internet website; 26
(b) Comply with NRS 439.942 to 439.948, inclusive, and any 27
regulations adopted pursuant thereto governing use of the Internet 28
website; and 29
(c) Designate a website client administrator who is responsible 30
for: 31
(1) Determining the persons who are authorized to use the 32
Internet website; 33
(2) Providing the Division with the names of the persons 34
who are authorized to use the Internet website; 35
(3) Ensuring that only those authorized persons have access 36
to the Internet website; and 37
(4) Notifying the Division of any change in the persons who 38
are authorized to use the Internet website. 39
3. Authorized employees of the Division and of the 40
Department of Public Safety may be designated to serve as 41
administrators of the Internet website with access to all the data and 42
information on the Internet website. 43
4. Except as otherwise provided in this section and NRS 44
239.0115, information collected, maintained, stored, backed up or 45
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- *AB519_R1*
on file on the Internet website is confidential, not subject to 1
subpoena or discovery and is not subject to inspection by the general 2
public. 3
5. The Division shall ensure that any information collected, 4
maintained and stored on the Internet website is protected 5
adequately from fire, theft, loss, destruction, other hazards and 6
unauthorized access, and is backed-up in a manner that ensures 7
proper confidentiality and security. 8
6. The Internet website must be maintained in accordance with 9
any requirements of the Office of the Chief Information Officer 10
within the Office of the Governor established for use of the 11
equipment or services of the Office pursuant to NRS 242.181. 12
Sec. 92. NRS 439B.225 is hereby amended to read as follows: 13
439B.225 1. As used in this section, “licensing board” means 14
any division or board empowered to adopt standards for the issuance 15
or renewal of licenses, permits or certificates of registration 16
pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A, 17
630, 630A, 631, 632, 633, 634, 634A, 634B, 635, 636, 637, 637B, 18
639, 640, 640A, 640D, 641, 641A, 641B, 641C, 641D, 652, 653 or 19
654 of NRS [.] or the chapter consisting of sections 2 to 90, 20
inclusive, of this act. 21
2. The Committee shall review each regulation that a licensing 22
board proposes or adopts that relates to standards for the issuance or 23
renewal of licenses, permits or certificates of registration issued to a 24
person or facility regulated by the board, giving consideration to: 25
(a) Any oral or written comment made or submitted to it by 26
members of the public or by persons or facilities affected by the 27
regulation; 28
(b) The effect of the regulation on the cost of health care in this 29
State; 30
(c) The effect of the regulation on the number of licensed, 31
permitted or registered persons and facilities available to provide 32
services in this State; and 33
(d) Any other related factor the Committee deems appropriate. 34
3. After reviewing a proposed regulation, the Committee shall 35
notify the agency of the opinion of the Committee regarding the 36
advisability of adopting or revising the proposed regulation. 37
4. The Committee shall recommend to the Legislature as a 38
result of its review of regulations pursuant to this section any 39
appropriate legislation. 40
Sec. 93. NRS 449.030 is hereby amended to read as follows: 41
449.030 Except as otherwise provided in NRS 449.03013 , 42
[and 449.03017,] no person, state or local government or agency 43
thereof may operate or maintain in this State any medical facility or 44
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facility for the dependent without first obtaining a license therefor as 1
provided in NRS 449.029 to 449.2428, inclusive. 2
Sec. 94. NRS 449.0045 is hereby amended to read as follows: 3
449.0045 “Facility for the dependent” includes: 4
1. A facility for the treatment of alcohol or other substance use 5
disorders; 6
2. A facility for the care of adults during the day; 7
3. A residential facility for groups; 8
4. [An agency to provide personal care services in the home; 9
5.] A facility for transitional living for released offenders; 10
[6.] 5. A home for individual residential care; 11
[7.] 6. A community health worker pool; and 12
[8.] 7. A provider of community-based living arrangement 13
services. 14
Sec. 95. NRS 449.03013 is hereby amended to read as 15
follows: 16
449.03013 1. A person who is licensed pursuant to this 17
chapter as a facility for the dependent or medical facility , or who is 18
licensed pursuant to the chapter consisting of sections 2 to 90, 19
inclusive, of this act as an agency to provide personal care services 20
in the home, and who employs community health workers is not 21
required to obtain an additional license as a community health 22
worker pool. 23
2. As used in this section, “agency to provide personal care 24
services in the home” has the meaning ascribed to it in section 3 25
of this act. 26
Sec. 96. NRS 449.0304 is hereby amended to read as follows: 27
449.0304 1. The Board shall adopt regulations authorizing an 28
employee of a residential facility for groups [, an agency to provide 29
personal care services in the home] or a facility for the care of adults 30
during the day, with the consent of the person receiving services, to: 31
(a) Check, record and report the temperature, blood pressure, 32
apical or radial pulse, respiration or oxygen saturation of a person 33
receiving services from the facility or agency; 34
(b) Using an auto-injection device approved by the Food and 35
Drug Administration for use in the home, administer to a person 36
receiving services from the facility or agency insulin furnished by a 37
registered pharmacist as directed by a physician or assist such a 38
person with the self-administration of such insulin; and 39
(c) Using a device for monitoring blood glucose approved by the 40
Food and Drug Administration for use in the home, conduct a blood 41
glucose test on a person receiving services from the facility or 42
agency or assist such a person to conduct a blood glucose test on 43
himself or herself. 44
2. The regulations adopted pursuant to this section: 45
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(a) Must require the tasks described in subsection 1 to be 1
performed in conformance with the Clinical Laboratory 2
Improvement Amendments of 1988, Public Law No. 100-578, 42 3
U.S.C. § 263a, if applicable, and any other applicable federal law or 4
regulation; 5
(b) Must prohibit the use of a device for monitoring blood 6
glucose on more than one person; and 7
(c) May require a person to receive training before performing 8
any task described in subsection 1. 9
Sec. 97. NRS 449.065 is hereby amended to read as follows: 10
449.065 1. Except as otherwise provided in subsections 6 and 11
7 and NRS 449.067, each facility for intermediate care, facility for 12
skilled nursing, residential facility for groups, home for individual 13
residential care [, agency to provide personal care services in the 14
home] and agency to provide nursing in the home shall, when 15
applying for a license or renewing a license, file with the 16
Administrator of the Division of Public and Behavioral Health a 17
surety bond: 18
(a) If the facility, agency [, organization] or home employs less 19
than 7 employees, in the amount of $5,000; 20
(b) If the facility, agency [, organization] or home employs at 21
least 7 but not more than 25 employees, in the amount of $25,000; 22
or 23
(c) If the facility, agency [, organization] or home employs more 24
than 25 employees, in the amount of $50,000. 25
2. A bond filed pursuant to this section must be executed by 26
the facility, agency [, organization] or home as principal and by a 27
surety company as surety. The bond must be payable to the Aging 28
and Disability Services Division of the Department of Health and 29
Human Services and must be conditioned to provide 30
indemnification to an older patient who the Attorney for the Rights 31
of Older Persons and Persons with a Physical Disability, an 32
Intellectual Disability or a Related Condition determines has 33
suffered property damage as a result of any act or failure to act by 34
the facility, agency [, organization] or home to protect the property 35
of the older patient. 36
3. Except when a surety is released, the surety bond must cover 37
the period of the initial license to operate or the period of the 38
renewal, as appropriate. 39
4. A surety on any bond filed pursuant to this section may be 40
released after the surety gives 30 days’ written notice to the 41
Administrator of the Division of Public and Behavioral Health, but 42
the release does not discharge or otherwise affect any claim filed by 43
an older patient for property damaged as a result of any act or failure 44
to act by the facility, agency [, organization] or home to protect the 45
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property of the older patient alleged to have occurred while the bond 1
was in effect. 2
5. A license is suspended by operation of law when the facility, 3
agency [, organization] or home is no longer covered by a surety 4
bond as required by this section or by a substitute for the surety 5
bond pursuant to NRS 449.067. The Administrator of the Division 6
of Public and Behavioral Health shall give the facility, agency [, 7
organization] or home at least 20 days’ written notice before the 8
release of the surety or the substitute for the surety, to the effect that 9
the license will be suspended by operation of law until another 10
surety bond or substitute for the surety bond is filed in the same 11
manner and amount as the bond or substitute being terminated. 12
6. The Administrator of the Division of Public and Behavioral 13
Health may exempt a residential facility for groups or a home for 14
individual residential care from the requirement of filing a surety 15
bond pursuant to this section if the Administrator determines that 16
the requirement would result in undue hardship to the residential 17
facility for groups or home for individual residential care. 18
7. The requirement of filing a surety bond set forth in this 19
section does not apply to a facility for intermediate care, facility for 20
skilled nursing, residential facility for groups, home for individual 21
residential care [, agency to provide personal care services in the 22
home] or agency to provide nursing in the home that is operated and 23
maintained by the State of Nevada or an agency thereof. 24
8. As used in this section, “older patient” means a patient who 25
is 60 years of age or older. 26
Sec. 98. NRS 449.067 is hereby amended to read as follows: 27
449.067 1. As a substitute for the surety bond required 28
pursuant to NRS 449.065, a facility for intermediate care, a facility 29
for skilled nursing, a residential facility for groups, a home for 30
individual residential care [, an agency to provide personal care 31
services in the home] and an agency to provide nursing in the home 32
may deposit with any bank or trust company authorized to do 33
business in this State, upon approval from the Administrator of the 34
Division of Public and Behavioral Health: 35
(a) An obligation of a bank, savings and loan association, 36
savings bank, thrift company or credit union licensed to do business 37
in this State; 38
(b) Bills, bonds, notes, debentures or other obligations of the 39
United States or any agency or instrumentality thereof, or 40
guaranteed by the United States; or 41
(c) Any obligation of this State or any city, county, town, 42
township, school district or other instrumentality of this State, or 43
guaranteed by this State, in an aggregate amount, based upon 44
principal amount or market value, whichever is lower. 45
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2. The obligations of a bank, savings and loan association, 1
savings bank, thrift company or credit union must be held to secure 2
the same obligation as would the surety bond required by NRS 3
449.065. With the approval of the Administrator of the Division of 4
Public and Behavioral Health, the depositor may substitute other 5
suitable obligations for those deposited, which must be assigned to 6
the Aging and Disability Services Division of the Department of 7
Health and Human Services and are negotiable only upon approval 8
by the Administrator of the Aging and Disability Services Division. 9
3. Any interest or dividends earned on the deposit accrue to the 10
account of the depositor. 11
4. The deposit must be an amount at least equal to the surety 12
bond required by NRS 449.065 and must state that the amount may 13
not be withdrawn except by direct and sole order of the 14
Administrator of the Aging and Disability Services Division. 15
Sec. 99. NRS 449.089 is hereby amended to read as follows: 16
449.089 1. Each license issued pursuant to NRS 449.029 to 17
449.2428, inclusive, expires on December 31 following its issuance 18
and is renewable for 1 year upon reapplication and payment of all 19
fees required pursuant to subsection 4 and NRS 449.050, as 20
applicable, unless the Division finds, after an investigation, that the 21
facility has not: 22
(a) Satisfactorily complied with the provisions of NRS 449.029 23
to 449.2428, inclusive, or the standards and regulations adopted by 24
the Board; 25
(b) Obtained the approval of the Director of the Department of 26
Health and Human Services before undertaking a project, if such 27
approval is required by NRS 439A.100 or 439A.102; or 28
(c) Conformed to all applicable local zoning regulations. 29
2. Each reapplication for [an agency to provide personal care 30
services in the home,] an agency to provide nursing in the home, a 31
community health worker pool, a facility for intermediate care, a 32
facility for skilled nursing, a provider of community-based living 33
arrangement services, a hospital described in 42 U.S.C. § 34
1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient 35
services to children, a psychiatric residential treatment facility, a 36
residential facility for groups, a program of hospice care, a home for 37
individual residential care, a facility for the care of adults during the 38
day, a facility for hospice care, a nursing pool, the distinct part of a 39
hospital which meets the requirements of a skilled nursing facility or 40
nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that 41
provides swing-bed services as described in 42 C.F.R. § 482.58 or, 42
if residential services are provided to children, a medical facility or 43
facility for the treatment of alcohol or other substance use disorders 44
must include, without limitation, a statement that the facility, 45
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hospital, agency, program, pool or home is in compliance with the 1
provisions of NRS 449.115 to 449.125, inclusive, and 449.174. 2
3. Each reapplication for [an agency to provide personal care 3
services in the home,] a community health worker pool, a facility for 4
intermediate care, a facility for skilled nursing, a facility for the care 5
of adults during the day, a residential facility for groups or a home 6
for individual residential care must include, without limitation, a 7
statement that the holder of the license to operate, and 8
the administrator or other person in charge and employees of, the 9
facility, [agency,] pool or home are in compliance with the 10
provisions of NRS 449.093. 11
4. Each reapplication for a surgical center for ambulatory 12
patients, facility for the treatment of irreversible renal disease, 13
facility for hospice care, program of hospice care, hospital, facility 14
for intermediate care, facility for skilled nursing [, agency to provide 15
personal care services in the home] or rural clinic must be 16
accompanied by the fee prescribed by the State Board of Health 17
pursuant to NRS 457.240, in addition to the fees imposed pursuant 18
to NRS 449.050. 19
Sec. 100. NRS 449.093 is hereby amended to read as follows: 20
449.093 1. An applicant for a license to operate 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 a license to operate such a facility [, 26
agency] or home is issued to the applicant. If an applicant has 27
completed such training within the year preceding the date of the 28
application for a license and the application includes evidence of 29
the training, the applicant shall be deemed to have complied with 30
the requirements of this subsection. 31
2. A licensee who holds a license to operate a facility for 32
intermediate care, facility for skilled nursing, [agency to provide 33
personal care services in the home,] facility for the care of adults 34
during the day, residential facility for groups or home for individual 35
residential care must annually receive training to recognize and 36
prevent the abuse of older persons before the license to operate such 37
a facility [, agency] or home may be renewed. 38
3. If an applicant or licensee who is required by this section to 39
obtain training is not a natural person, the person in charge of the 40
facility [, agency] or home must receive the training required by this 41
section. 42
4. An administrator or other person in charge of a facility for 43
intermediate care, facility for skilled nursing, [agency to provide 44
personal care services in the home,] facility for the care of adults 45
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during the day, residential facility for groups or home for individual 1
residential care must receive training to recognize and prevent the 2
abuse of older persons before the facility [, agency] or home 3
provides care to a person and annually thereafter. 4
5. An employee who will provide care to a person in a facility 5
for intermediate care, facility for skilled nursing, [agency to provide 6
personal care services in the home,] facility for the care of adults 7
during the day, residential facility for groups or home for individual 8
residential care must receive training to recognize and prevent the 9
abuse of older persons before the employee provides care to a 10
person in the facility [, agency] or home and annually thereafter. 11
6. The topics of instruction that must be included in the 12
training required by this section must include, without limitation: 13
(a) Recognizing the abuse of older persons, including sexual 14
abuse and violations of NRS 200.5091 to 200.50995, inclusive; 15
(b) Responding to reports of the alleged abuse of older persons, 16
including sexual abuse and violations of NRS 200.5091 to 17
200.50995, inclusive; and 18
(c) Instruction concerning the federal, state and local laws, and 19
any changes to those laws, relating to: 20
(1) The abuse of older persons; and 21
(2) Facilities for intermediate care, facilities for skilled 22
nursing, [agencies to provide personal care services in the home,] 23
facilities for the care of adults during the day, residential facilities 24
for groups or homes for individual residential care, as applicable for 25
the person receiving the training. 26
7. The facility for intermediate care, facility for skilled nursing, 27
[agency to provide personal care services in the home,] facility for 28
the care of adults during the day, residential facility for groups or 29
home for individual residential care is responsible for the costs 30
related to the training required by this section. 31
8. The administrator of a facility for intermediate care, facility 32
for skilled nursing or residential facility for groups who is licensed 33
pursuant to chapter 654 of NRS shall ensure that each employee of 34
the facility who provides care to residents has obtained the training 35
required by this section. If an administrator or employee of a facility 36
or home does not obtain the training required by this section, the 37
Division shall notify the Board of Examiners for Long-Term Care 38
Administrators that the administrator is in violation of this section. 39
9. The holder of a license to operate a facility for intermediate 40
care, facility for skilled nursing, [agency to provide personal care 41
services in the home,] facility for the care of adults during the day, 42
residential facility for groups or home for individual residential care 43
shall ensure that each person who is required to comply with the 44
requirements for training pursuant to this section complies with such 45
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requirements. The Division may, for any violation of this section, 1
take disciplinary action against a facility [, agency] or home 2
pursuant to NRS 449.160 and 449.163. 3
Sec. 101. NRS 449.119 is hereby amended to read as follows: 4
449.119 “Facility, hospital, agency, program or home” means 5
[an agency to provide personal care services in the home, an 6
employment agency that contracts with persons to provide 7
nonmedical services related to personal care to elderly persons or 8
persons with disabilities in the home,] an agency to provide nursing 9
in the home, a community health worker pool, a facility for 10
intermediate care, a facility for skilled nursing, a provider of 11
community-based living arrangement services, a hospital described 12
in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that 13
provides inpatient services to children, a psychiatric residential 14
treatment facility, a residential facility for groups, a program of 15
hospice care, a home for individual residential care, a facility for the 16
care of adults during the day, a facility for hospice care, a nursing 17
pool, the distinct part of a hospital which meets the requirements of 18
a skilled nursing facility or nursing facility pursuant to 42 C.F.R. § 19
483.5, a hospital that provides swing-bed services as described in 42 20
C.F.R. § 482.58 or, if residential services are provided to children, a 21
medical facility or facility for the treatment of alcohol or other 22
substance use disorders. 23
Sec. 102. NRS 449.174 is hereby amended to read as follows: 24
449.174 1. In addition to the grounds listed in NRS 449.160, 25
the Division may deny a license to operate a facility, hospital, 26
agency, program or home to an applicant or may suspend or revoke 27
the license of a licensee to operate such a facility, hospital, agency, 28
program or home if: 29
(a) The applicant or licensee has been convicted of: 30
(1) Murder, voluntary manslaughter or mayhem; 31
(2) Assault or battery with intent to kill or to commit sexual 32
assault or mayhem; 33
(3) Sexual assault, statutory sexual seduction, incest, 34
lewdness or indecent exposure, or any other sexually related crime 35
that is punished as a felony; 36
(4) Prostitution, solicitation, lewdness or indecent exposure, 37
or any other sexually related crime that is punished as a 38
misdemeanor, within the immediately preceding 7 years; 39
(5) A crime involving domestic violence that is punished as a 40
felony; 41
(6) A crime involving domestic violence that is punished as a 42
misdemeanor, within the immediately preceding 7 years; 43
(7) Abuse or neglect of a child or contributory delinquency; 44
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(8) A violation of any federal or state law regulating the 1
possession, distribution or use of any controlled substance or any 2
dangerous drug as defined in chapter 454 of NRS, within the 3
immediately preceding 7 years; 4
(9) Abuse, neglect, exploitation, isolation or abandonment of 5
older persons or vulnerable persons, including, without limitation, a 6
violation of any provision of NRS 200.5091 to 200.50995, 7
inclusive, or a law of any other jurisdiction that prohibits the same 8
or similar conduct; 9
(10) A violation of any provision of law relating to the State 10
Plan for Medicaid or a law of any other jurisdiction that prohibits 11
the same or similar conduct, within the immediately preceding 7 12
years; 13
(11) A violation of any provision of NRS 422.450 to 14
422.590, inclusive; 15
(12) A criminal offense under the laws governing Medicaid 16
or Medicare, within the immediately preceding 7 years; 17
(13) Any offense involving fraud, theft, embezzlement, 18
burglary, robbery, fraudulent conversion or misappropriation of 19
property, within the immediately preceding 7 years; 20
(14) Any other felony involving the use or threatened use of 21
force or violence against the victim or the use of a firearm or other 22
deadly weapon; or 23
(15) An attempt or conspiracy to commit any of the offenses 24
listed in this paragraph, within the immediately preceding 7 years; 25
(b) The licensee has, in violation of NRS 449.125, continued to 26
employ a person who has been convicted of a crime listed in 27
paragraph (a); or 28
(c) The applicant or licensee has had a substantiated report of 29
child abuse or neglect made against him or her and if the facility, 30
hospital, agency, program or home provides residential services to 31
children, is a psychiatric hospital that provides inpatient services to 32
children or is a psychiatric residential treatment facility. 33
2. In addition to the grounds listed in NRS 449.160, the 34
Division may suspend or revoke the license of a licensee to operate 35
an agency to provide personal care services in the home [, an agency 36
to provide nursing in the home] or a community health worker pool 37
if the licensee has, in violation of NRS 449.125, continued to 38
employ a person who has been convicted of a crime listed in 39
paragraph (a) of subsection 1. 40
3. As used in this section: 41
(a) “Domestic violence” means an act described in NRS 33.018. 42
(b) “Facility, hospital, agency, program or home” has the 43
meaning ascribed to it in NRS 449.119. 44
(c) “Medicaid” has the meaning ascribed to it in NRS 439B.120. 45
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(d) “Medicare” has the meaning ascribed to it in NRS 439B.130. 1
Sec. 103. NRS 449.1824 is hereby amended to read as 2
follows: 3
449.1824 1. If a patient will be released from a hospital to his 4
or her residence or a rehabilitation center and a dietitian is assigned 5
to a team of persons formed by the hospital to care for the patient 6
while the patient rehabilitates, the hospital shall ensure that the 7
patient or the person with primary responsibility for the care of the 8
patient meets or knows how to contact the dietitian. 9
2. If a patient is released by a hospital to his or her residence to 10
receive care from an [agency to provide personal care services in the 11
home or any other] entity licensed pursuant to this chapter that 12
provides care to the patient in his or her residence, the [agency to 13
provide personal care services in the home or other] entity shall 14
consult with a dietitian, as appropriate, to ensure that the patient or 15
the person with primary responsibility for the care of the patient 16
understands the dietary needs of the patient. 17
Sec. 104. NRS 449.194 is hereby amended to read as follows: 18
449.194 Any person who is employed by [an agency to provide 19
personal care services in the home or] a community health worker 20
pool who: 21
1. Has successfully completed a course in cardiopulmonary 22
resuscitation according to the guidelines of the American National 23
Red Cross or American Heart Association; 24
2. Has successfully completed the training requirements of a 25
course in basic emergency care of a person in cardiac arrest 26
conducted in accordance with the standards of the American Heart 27
Association; or 28
3. Has successfully completed the training requirements of a 29
course in the use and administration of first aid, including 30
cardiopulmonary resuscitation, 31
and who in good faith renders emergency care or assistance in 32
accordance with the person’s training, in the course of his or her 33
regular employment or profession, to an elderly person or a person 34
with a disability, is not liable for any civil damages as a result of any 35
act or omission, not amounting to gross negligence, by that person 36
in rendering that care. 37
Sec. 105. NRS 449A.031 is hereby amended to read as 38
follows: 39
449A.031 “Facility for the dependent” has the meaning 40
ascribed to it in NRS 449.0045 and additionally includes an agency 41
to provide personal care services in the home, as defined in section 42
3 of this act. 43
Sec. 106. NRS 457.240 is hereby amended to read as follows: 44
457.240 1. The State Board of Health shall by regulation: 45
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(a) Prescribe the form and manner in which the information on 1
cases of cancer and other neoplasms must be reported; 2
(b) Specify the neoplasms which must be reported; 3
(c) Prescribe other information to be included in each such 4
report, for example, the patient’s name and address, the pathological 5
findings, the stage of the disease, the environmental and 6
occupational factors, the methods of treatment, the incidence of 7
cancer or other neoplasms in the patient’s family, and the places 8
where the patient has resided; 9
(d) Establish a protocol for obtaining access to and preserving 10
the confidentiality of the patients’ records needed for research into 11
cancer and other neoplasms; and 12
(e) Prescribe a fee to be imposed on an applicant for: 13
(1) The issuance or renewal of a certificate of authorization 14
for a radiation machine for mammography pursuant to 15
NRS 457.184; 16
(2) The issuance or renewal of registration of a radiation 17
machine pursuant to the regulations adopted by the State Board of 18
Health pursuant to NRS 459.201; 19
(3) The renewal of a license to operate a surgical center for 20
ambulatory patients, facility for the treatment of irreversible renal 21
disease, facility for hospice care, program of hospice care, hospital, 22
facility for intermediate care, facility for skilled nursing [, agency to 23
provide personal care services in the home] or rural clinic pursuant 24
to NRS 449.089; [or] 25
(4) The renewal of a license to operate an agency to provide 26
personal care services in the home pursuant to section 28 of this 27
act; or 28
(5) The renewal of a license to operate a medical laboratory, 29
other than a laboratory in which the only test performed is a test for 30
the detection of the human immunodeficiency virus that is classified 31
as a waived test pursuant to Subpart A of Part 493 of Title 42 of the 32
Code of Federal Regulations, pursuant to NRS 652.080. 33
2. The amount of any fee prescribed pursuant to paragraph (e) 34
of subsection 1 must not exceed 8 percent of the fee for the issuance 35
or renewal of the applicable license, certificate or registration. For 36
the purposes of this subsection, the fee for the renewal of a license 37
to operate a facility described in subparagraph (3) of paragraph (e) 38
of subsection 1 does not include any fee that is imposed per bed in 39
the facility. 40
3. The fees collected pursuant to paragraph (e) of subsection 1 41
must be accounted for separately and used by the Division to 42
support the system for the reporting of information on cancer and 43
other neoplasms established pursuant to NRS 457.230. 44
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Sec. 107. NRS 21.130 is hereby amended to read as follows: 1
21.130 1. Before the sale of property on execution, notice of 2
the sale, in addition to the notice required pursuant to NRS 21.075 3
and 21.076, must be given as follows: 4
(a) In cases of perishable property, by posting written notice of 5
the time and place of sale in three public places at the township or 6
city where the sale is to take place, for such a time as may be 7
reasonable, considering the character and condition of the property. 8
(b) In case of other personal property, by posting a similar 9
notice in three public places of the township or city where the sale is 10
to take place, not less than 5 or more than 10 days before the sale, 11
and, in case of sale on execution issuing out of a district court, by 12
the publication of a copy of the notice in a newspaper, if there is one 13
in the county, at least twice, the first publication being not less than 14
10 days before the date of the sale. 15
(c) In case of real property, by: 16
(1) Personal service upon each judgment debtor or by 17
registered mail to the last known address of each judgment debtor 18
and, if the property of the judgment debtor is operated as a facility 19
licensed under chapter 449 of NRS [,] or an entity licensed or 20
certified under the chapter consisting of sections 2 to 90, inclusive, 21
of this act, upon the State Board of Health; 22
(2) Posting a similar notice particularly describing the 23
property, for 20 days successively, in three public places of 24
the township or city where the property is situated and where the 25
property is to be sold; 26
(3) Publishing a copy of the notice three times, once each 27
week, for 3 successive weeks, in a newspaper, if there is one in the 28
county. The cost of publication must not exceed the rate for legal 29
advertising as provided in NRS 238.070. If the newspaper 30
authorized by this section to publish the notice of sale neglects or 31
refuses from any cause to make the publication, then the posting of 32
notices as provided in this section shall be deemed sufficient notice. 33
Notice of the sale of property on execution upon a judgment for any 34
sum less than $500, exclusive of costs, must be given only by 35
posting in three public places in the county, one of which must be 36
the courthouse; 37
(4) Recording a copy of the notice in the office of the county 38
recorder; 39
(5) If the sale of property is a residential foreclosure, posting 40
a copy of the notice in a conspicuous place on the property. In 41
addition to the requirements of NRS 21.140, the notice must not be 42
defaced or removed until the transfer of title is recorded or the 43
property becomes occupied after completion of the sale, whichever 44
is earlier; and 45
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(6) In the case of a foreclosure sale, depositing in the United 1
States mail an envelope, registered or certified, return receipt 2
requested and with postage prepaid, containing a copy of the notice, 3
addressed to: 4
(I) Each person who, in accordance with subsection 1 of 5
NRS 107.090, has recorded a request for a copy of a notice of 6
default or notice of sale with respect to the mortgage or other lien 7
being foreclosed; 8
(II) Each other person with an interest in the real property 9
whose interest or claimed interest is subordinate to the mortgage or 10
other lien being foreclosed; and 11
(III) An association that, pursuant to subsection 4 of NRS 12
107.090, has recorded a request for a copy of the deed upon a 13
foreclosure sale. 14
2. If the sale of property is a residential foreclosure, the notice 15
must include, without limitation: 16
(a) The physical address of the property; and 17
(b) The contact information of the party who is authorized to 18
provide information relating to the foreclosure status of the 19
property. 20
3. If the sale of property is a residential foreclosure, a separate 21
notice must be posted in a conspicuous place on the property and 22
mailed, with a certificate of mailing issued by the United States 23
Postal Service or another mail delivery service, to any tenant or 24
subtenant, if any, other than the judgment debtor, in actual 25
occupation of the premises not later than 3 business days after the 26
notice of the sale is given pursuant to subsection 1. The separate 27
notice must be in substantially the following form: 28
29
NOTICE TO TENANTS OF THE PROPERTY 30
31
Foreclosure proceedings against this property have started, 32
and a notice of sale of the property to the highest bidder has 33
been issued. 34
35
You may either: (1) terminate your lease or rental agreement 36
and move out; or (2) remain and possibly be subject to 37
eviction proceedings under chapter 40 of the Nevada Revised 38
Statutes. Any subtenants may also be subject to eviction 39
proceedings. 40
41
Between now and the date of the sale, you may be evicted if 42
you fail to pay rent or live up to your other obligations to the 43
landlord. 44
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After the date of the sale, you may be evicted if you fail to 1
pay rent or live up to your other obligations to the successful 2
bidder, in accordance with chapter 118A of the Nevada 3
Revised Statutes. 4
5
Under the Nevada Revised Statutes, eviction proceedings 6
may begin against you after you have been given a notice to 7
surrender. 8
9
If the property is sold and you pay rent by the week or 10
another period of time that is shorter than 1 month, you 11
should generally receive notice after not less than the number 12
of days in that period of time. 13
If the property is sold and you pay rent by the month or any 14
other period of time that is 1 month or longer, you should 15
generally receive notice at least 60 days in advance. 16
17
Under Nevada Revised Statutes 40.280, notice must generally 18
be served on you pursuant to chapter 40 of the Nevada 19
Revised Statutes. 20
21
If the property is sold and a landlord, successful bidder or 22
subsequent purchaser files an eviction action against you in 23
court, you will be served with a summons and complaint and 24
have the opportunity to respond. Eviction actions may result 25
in temporary evictions, permanent evictions, the awarding of 26
damages pursuant to Nevada Revised Statutes 40.360 or some 27
combination of those results. 28
29
Under the Justice Court Rules of Civil Procedure: 30
(1) You will be given at least 10 days to answer a 31
summons and complaint; 32
(2) If you do not file an answer, an order evicting you by 33
default may be obtained against you; 34
(3) A hearing regarding a temporary eviction may be 35
called as soon as 11 days after you are served with the 36
summons and complaint; and 37
(4) A hearing regarding a permanent eviction may be 38
called as soon as 20 days after you are served with the 39
summons and complaint. 40
41
4. The sheriff shall not conduct a sale of the property on 42
execution or deliver the judgment debtor’s property to the judgment 43
creditor if the judgment debtor or any other person entitled to notice 44
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has not been properly notified as required in this section and NRS 1
21.075 and 21.076. 2
5. As used in this section: 3
(a) “Foreclosure sale” means the sale of real property pursuant 4
to NRS 40.430. 5
(b) “Residential foreclosure” means the sale of a single family 6
residence pursuant to NRS 40.430. As used in this subsection, 7
“single family residence” means a structure that is comprised of not 8
more than four units. 9
Sec. 108. NRS 107.080 is hereby amended to read as follows: 10
107.080 1. Except as otherwise provided in NRS 106.210, 11
107.0805, 107.085 and 107.086, if any transfer in trust of any estate 12
in real property is made after March 29, 1927, to secure the 13
performance of an obligation or the payment of any debt, a power of 14
sale is hereby conferred upon the trustee to be exercised after a 15
breach of the obligation for which the transfer is security. 16
2. The power of sale must not be exercised, however, until: 17
(a) In the case of any deed of trust coming into force: 18
(1) On or after July 1, 1949, and before July 1, 1957, the 19
grantor, the person who holds the title of record, a beneficiary under 20
a subordinate deed of trust or any other person who has a 21
subordinate lien or encumbrance of record on the property has, for a 22
period of 15 days, computed as prescribed in subsection 3, failed to 23
make good the deficiency in performance or payment; or 24
(2) On or after July 1, 1957, the grantor, the person who 25
holds the title of record, a beneficiary under a subordinate deed of 26
trust or any other person who has a subordinate lien or encumbrance 27
of record on the property has, for a period of 35 days, computed as 28
prescribed in subsection 3, failed to make good the deficiency in 29
performance or payment. 30
(b) The beneficiary, the successor in interest of the beneficiary 31
or the trustee first executes and causes to be recorded in the office of 32
the recorder of each county wherein the trust property, or any part 33
thereof, is situated a notice of the breach and of the election to sell 34
or cause to be sold the property to satisfy the obligation. 35
(c) The beneficiary or its successor in interest or the servicer of 36
the obligation or debt secured by the deed of trust has instructed the 37
trustee to exercise the power of sale with respect to the property. 38
(d) Not less than 3 months have elapsed after the recording of 39
the notice. 40
3. The 15- or 35-day period provided in paragraph (a) of 41
subsection 2 commences on the first day following the day upon 42
which the notice of default and election to sell is recorded in the 43
office of the county recorder of each county in which the property is 44
located and a copy of the notice of default and election to sell is 45
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- *AB519_R1*
mailed by registered or certified mail, return receipt requested and 1
with postage prepaid to the grantor or, to the person who holds the 2
title of record on the date the notice of default and election to sell is 3
recorded, and, if the property is operated as a facility licensed under 4
chapter 449 of NRS [,] or an entity licensed or certified under the 5
chapter consisting of sections 2 to 90, inclusive, of this act, to the 6
State Board of Health, at their respective addresses, if known, 7
otherwise to the address of the trust property or, if authorized by the 8
parties, delivered by electronic transmission. The notice of default 9
and election to sell must describe the deficiency in performance or 10
payment and may contain a notice of intent to declare the entire 11
unpaid balance due if acceleration is permitted by the obligation 12
secured by the deed of trust, but acceleration must not occur if the 13
deficiency in performance or payment is made good and any costs, 14
fees and expenses incident to the preparation or recordation of the 15
notice and incident to the making good of the deficiency in 16
performance or payment are paid within the time specified in 17
subsection 2. 18
4. The trustee, or other person authorized to make the sale 19
under the terms of the deed of trust, shall, after expiration of the 20
applicable period specified in paragraph (d) of subsection 2 21
following the recording of the notice of breach and election to sell, 22
and before the making of the sale, give notice of the time and place 23
thereof by recording the notice of sale and by: 24
(a) Providing the notice to each trustor, any other person entitled 25
to notice pursuant to this section and, if the property is operated as a 26
facility licensed under chapter 449 of NRS [,] or an entity licensed 27
or certified under the chapter consisting of sections 2 to 90, 28
inclusive, of this act, the State Board of Health, by personal service, 29
by electronic transmission if authorized by the parties or by mailing 30
the notice by registered or certified mail to the last known address of 31
the trustor and any other person entitled to such notice pursuant to 32
this section; 33
(b) Posting a similar notice particularly describing the property, 34
for 20 days successively, in a public place in each county where the 35
property is situated; and 36
(c) Publishing a copy of the notice three times, once each week 37
for 3 consecutive weeks, in a newspaper of general circulation in 38
each county where the property is situated or, if the property is a 39
time share, by posting a copy of the notice on an Internet website 40
and publishing a statement in a newspaper in the manner required by 41
subsection 3 of NRS 119A.560. 42
5. Every sale made under the provisions of this section and 43
other sections of this chapter vests in the purchaser the title of the 44
grantor and any successors in interest without equity or right of 45
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- *AB519_R1*
redemption. Except as otherwise provided in subsection 7, a sale 1
made pursuant to this section must be declared void by any court of 2
competent jurisdiction in the county where the sale took place if: 3
(a) The trustee or other person authorized to make the sale does 4
not substantially comply with the provisions of this section; 5
(b) Except as otherwise provided in subsection 6, an action is 6
commenced in the county where the sale took place within 30 days 7
after the date on which the trustee’s deed upon sale is recorded 8
pursuant to subsection 10 in the office of the county recorder of 9
each county in which the property is located; and 10
(c) A notice of lis pendens providing notice of the pendency of 11
the action is recorded in the office of the county recorder of each 12
county where the sale took place within 5 days after commencement 13
of the action. 14
6. If proper notice is not provided pursuant to subsection 3 or 15
paragraph (a) of subsection 4 to the grantor, to the person who holds 16
the title of record on the date the notice of default and election to 17
sell is recorded, to each trustor or to any other person entitled to 18
such notice, the person who did not receive such proper notice may 19
commence an action pursuant to subsection 5 within 90 days after 20
the date of the sale. 21
7. Upon expiration of the time for commencing an action 22
which is set forth in subsections 5 and 6, any failure to comply with 23
the provisions of this section or any other provision of this chapter 24
does not affect the rights of a bona fide purchaser as described in 25
NRS 111.180. 26
8. If, in an action brought by the grantor or the person who 27
holds title of record in the district court in and for any county in 28
which the real property is located, the court finds that the 29
beneficiary, the successor in interest of the beneficiary or the trustee 30
did not comply with any requirement of subsection 2, 3 or 4, the 31
court must award to the grantor or the person who holds title of 32
record: 33
(a) Damages of $5,000 or treble the amount of actual damages, 34
whichever is greater; 35
(b) An injunction enjoining the exercise of the power of sale 36
until the beneficiary, the successor in interest of the beneficiary or 37
the trustee complies with the requirements of subsections 2, 3 and 4; 38
and 39
(c) Reasonable attorney’s fees and costs, 40
unless the court finds good cause for a different award. The 41
remedy provided in this subsection is in addition to the remedy 42
provided in subsection 5. 43
9. The sale or assignment of a proprietary lease in a 44
cooperative vests in the purchaser or assignee title to the ownership 45
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- *AB519_R1*
interest and votes in the cooperative association which accompany 1
the proprietary lease. 2
10. After a sale of property is conducted pursuant to this 3
section, the trustee shall: 4
(a) Within 30 days after the date of the sale, record the trustee’s 5
deed upon sale in the office of the county recorder of each county in 6
which the property is located; or 7
(b) Within 20 days after the date of the sale, deliver the trustee’s 8
deed upon sale to the successful bidder. Within 10 days after the 9
date of delivery of the deed by the trustee, the successful bidder 10
shall record the trustee’s deed upon sale in the office of the county 11
recorder of each county in which the property is located. 12
11. Within 5 days after recording the trustee’s deed upon sale, 13
the trustee or successful bidder, whoever recorded the trustee’s deed 14
upon sale pursuant to subsection 10, shall cause a copy of the 15
trustee’s deed upon sale to be posted conspicuously on the property. 16
The failure of a trustee or successful bidder to effect the posting 17
required by this subsection does not affect the validity of a sale of 18
the property to a bona fide purchaser for value without knowledge 19
of the failure. 20
12. If the successful bidder fails to record the trustee’s deed 21
upon sale pursuant to paragraph (b) of subsection 10, the successful 22
bidder: 23
(a) Is liable in a civil action to any party that is a senior 24
lienholder against the property that is the subject of the sale in a sum 25
of up to $500 and for reasonable attorney’s fees and the costs of 26
bringing the action; and 27
(b) Is liable in a civil action for any actual damages caused by 28
the failure to comply with the provisions of subsection 10 and for 29
reasonable attorney’s fees and the costs of bringing the action. 30
13. The county recorder shall, in addition to any other fee, at 31
the time of recording a notice of default and election to sell collect: 32
(a) A fee of $150 for deposit in the State General Fund. 33
(b) A fee of $95 for deposit in the Account for Foreclosure 34
Mediation Assistance, which is hereby created in the State General 35
Fund. The Account must be administered by the Interim Finance 36
Committee and the money in the Account may be expended only for 37
the purpose of: 38
(1) Supporting a program of foreclosure mediation; and 39
(2) The development and maintenance of an Internet portal 40
for a program of foreclosure mediation pursuant to subsection 16 of 41
NRS 107.086. 42
(c) A fee of $5 to be paid over to the county treasurer on or 43
before the fifth day of each month for the preceding calendar month. 44
The county recorder may direct that 1.5 percent of the fees collected 45
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- *AB519_R1*
by the county recorder pursuant to this paragraph be transferred into 1
a special account for use by the office of the county recorder. The 2
county treasurer shall remit quarterly to the organization operating 3
the program for legal services that receives the fees charged 4
pursuant to NRS 19.031 for the operation of programs for the 5
indigent all the money received from the county recorder pursuant 6
to this paragraph. 7
14. The fees collected pursuant to paragraphs (a) and (b) of 8
subsection 13 must be paid over to the county treasurer by the 9
county recorder on or before the fifth day of each month for the 10
preceding calendar month, and, except as otherwise provided in this 11
subsection, must be placed to the credit of the State General Fund or 12
the Account for Foreclosure Mediation Assistance as prescribed 13
pursuant to subsection 13. The county recorder may direct that 14
1.5 percent of the fees collected by the county recorder be 15
transferred into a special account for use by the office of the county 16
recorder. The county treasurer shall, on or before the 15th day of 17
each month, remit the fees deposited by the county recorder 18
pursuant to this subsection to the State Controller for credit to the 19
State General Fund or the Account as prescribed in subsection 13. 20
15. The beneficiary, the successor in interest of the beneficiary 21
or the trustee who causes to be recorded the notice of default and 22
election to sell shall not charge the grantor or the successor in 23
interest of the grantor any portion of any fee required to be paid 24
pursuant to subsection 13. 25
Sec. 109. NRS 118A.335 is hereby amended to read as 26
follows: 27
118A.335 1. Except as otherwise provided in subsection 6, a 28
landlord of dwelling units intended and operated exclusively for 29
persons 55 years of age and older may not employ any person who 30
will work 36 hours or more per week and who will have access to 31
all dwelling units to perform work on the premises unless the person 32
has obtained a work card issued pursuant to subsection 2 by the 33
sheriff of the county in which the dwelling units are located and 34
renewed that work card as necessary. 35
2. The sheriff of a county shall issue a work card to each 36
person who is required by this section to obtain a work card and 37
who complies with the requirements established by the sheriff for 38
the issuance of such a card. A work card issued pursuant to this 39
section must be renewed: 40
(a) Every 5 years; and 41
(b) Whenever the person changes his or her employment to 42
perform work for an employer other than the employer for which the 43
person’s current work card was issued. 44
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3. Except as otherwise provided in subsection 4, if the sheriff 1
of a county requires an applicant for a work card to be investigated: 2
(a) The applicant must submit with his or her application a 3
complete set of his or her fingerprints and written permission 4
authorizing the sheriff to forward the fingerprints to the Central 5
Repository for Nevada Records of Criminal History for submission 6
to the Federal Bureau of Investigation for its report. 7
(b) The sheriff shall submit the fingerprints to the Central 8
Repository for Nevada Records of Criminal History for submission 9
to the Federal Bureau of Investigation to determine the criminal 10
history of the applicant. 11
(c) The sheriff may issue a temporary work card pending the 12
determination of the criminal history of the applicant by the Federal 13
Bureau of Investigation. 14
4. The sheriff of a county shall not require an investigation of 15
the criminal history of an employee or independent contractor of an 16
agency , [or] facility or organization governed by NRS 449.122 to 17
449.125, inclusive, and 449.174 , sections 36 to 40, inclusive, and 18
section 49 of this act, or sections 80 to 85, inclusive, of this act, as 19
applicable, who has had his or her fingerprints submitted to the 20
Central Repository for Nevada Records of Criminal History 21
pursuant to NRS 449.123 or section 37 or 81 of this act, as 22
applicable, for an investigation of his or her criminal history within 23
the immediately preceding 6 months. 24
5. The sheriff shall not issue a work card to any person who: 25
(a) Has been convicted of a category A, B or C felony or of a 26
crime in another state which would be a category A, B or C felony if 27
committed in this State; 28
(b) Has been convicted of a sexual offense; 29
(c) Has been convicted of a crime against any person who is 60 30
years of age or older or against a vulnerable person for which an 31
additional term of imprisonment may be imposed pursuant to NRS 32
193.167 or the laws of any other jurisdiction; 33
(d) Has been convicted of a battery punishable as a gross 34
misdemeanor; or 35
(e) Within the immediately preceding 5 years: 36
(1) Has been convicted of a theft; or 37
(2) Has been convicted of a violation of any state or federal 38
law regulating the possession, distribution or use of a controlled 39
substance. 40
6. The following persons are not required to obtain a work card 41
pursuant to this section: 42
(a) A person who holds a permit to engage in property 43
management pursuant to chapter 645 of NRS. 44
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(b) An independent contractor. As used in this paragraph, 1
“independent contractor” means a person who performs services for 2
a fixed price according to the person’s own methods and without 3
subjection to the supervision or control of the landlord, except as to 4
the results of the work, and not as to the means by which the 5
services are accomplished. 6
(c) An offender in the course and scope of his or her 7
employment in a work program directed by the warden, sheriff, 8
administrator or other person responsible for administering a prison, 9
jail or other detention facility. 10
(d) A person performing work through a court-assigned 11
restitution or community-service program. 12
7. If the sheriff does not issue a work card to a person because 13
the information received from the Central Repository for Nevada 14
Records of Criminal History indicates that the person has been 15
convicted of a crime listed in subsection 5 and the person believes 16
that the information provided by the Central Repository is incorrect, 17
the person may immediately inform the sheriff. If the sheriff is so 18
informed, the sheriff shall give the person at least 30 days in which 19
to correct the information before terminating the temporary work 20
card issued pursuant to subsection 3. 21
8. As used in this section, unless the context otherwise 22
requires: 23
(a) “Sexual offense” has the meaning ascribed to it in 24
NRS 179D.097. 25
(b) “Vulnerable person” has the meaning ascribed to it in 26
NRS 200.5092. 27
Sec. 110. NRS 162A.740 is hereby amended to read as 28
follows: 29
162A.740 “Health care facility” includes: 30
1. Any medical facility as defined in NRS 449.0151; [and] 31
2. Any facility for the dependent as defined in NRS 449.0045 32
[.] ; and 33
3. Any agency to provide personal care services in the home 34
as defined in section 3 of this act. 35
Sec. 111. NRS 179A.075 is hereby amended to read as 36
follows: 37
179A.075 1. The Central Repository for Nevada Records of 38
Criminal History is hereby created within the Records, 39
Communications and Compliance Division of the Department. 40
2. Each agency of criminal justice and any other agency 41
dealing with crime shall: 42
(a) Collect and maintain records, reports and compilations of 43
statistical data required by the Department; and 44
(b) Submit the information collected to the Central Repository: 45
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- *AB519_R1*
(1) In the manner approved by the Director of the 1
Department; and 2
(2) In accordance with the policies, procedures and 3
definitions of the Uniform Crime Reporting Program of the Federal 4
Bureau of Investigation. 5
3. Each agency of criminal justice shall submit the information 6
relating to records of criminal history that it creates, issues or 7
collects, and any information in its possession relating to the DNA 8
profile of a person from whom a biological specimen is obtained 9
pursuant to NRS 176.09123 or 176.0913, to the Division. The 10
information must be submitted to the Division: 11
(a) Through an electronic network; 12
(b) On a medium of magnetic storage; or 13
(c) In the manner prescribed by the Director of the Department, 14
within 60 days after the date of the disposition of the case. If an 15
agency has submitted a record regarding the arrest of a person who 16
is later determined by the agency not to be the person who 17
committed the particular crime, the agency shall, immediately upon 18
making that determination, so notify the Division. The Division 19
shall delete all references in the Central Repository relating to that 20
particular arrest. 21
4. Each state and local law enforcement agency shall submit 22
Uniform Crime Reports to the Central Repository: 23
(a) In the manner prescribed by the Director of the Department; 24
(b) In accordance with the policies, procedures and definitions 25
of the Uniform Crime Reporting Program of the Federal Bureau of 26
Investigation; and 27
(c) Within the time prescribed by the Director of the 28
Department. 29
5. The Division shall, in the manner prescribed by the Director 30
of the Department: 31
(a) Collect, maintain and arrange all information submitted to it 32
relating to: 33
(1) Records of criminal history; and 34
(2) The DNA profile of a person from whom a biological 35
specimen is obtained pursuant to NRS 176.09123 or 176.0913. 36
(b) When practicable, use a record of the personal identifying 37
information of a subject as the basis for any records maintained 38
regarding him or her. 39
(c) Upon request, provide, in paper or electronic form, the 40
information that is contained in the Central Repository to the 41
Committee on Domestic Violence appointed pursuant to NRS 42
228.470 when, pursuant to NRS 228.495, the Committee is 43
reviewing the death of the victim of a crime that constitutes 44
domestic violence pursuant to NRS 33.018. 45
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6. The Division may: 1
(a) Disseminate any information which is contained in the 2
Central Repository to any other agency of criminal justice; 3
(b) Enter into cooperative agreements with repositories of the 4
United States and other states to facilitate exchanges of information 5
that may be disseminated pursuant to paragraph (a); and 6
(c) Request of and receive from the Federal Bureau of 7
Investigation information on the background and personal history of 8
any person whose record of fingerprints or other biometric identifier 9
the Central Repository submits to the Federal Bureau of 10
Investigation and: 11
(1) Who has applied to any agency of the State of Nevada or 12
any political subdivision thereof for a license which it has the power 13
to grant or deny; 14
(2) With whom any agency of the State of Nevada or any 15
political subdivision thereof intends to enter into a relationship of 16
employment or a contract for personal services; 17
(3) Who has applied to any agency of the State of Nevada or 18
any political subdivision thereof to attend an academy for training 19
peace officers approved by the Peace Officers’ Standards and 20
Training Commission; 21
(4) For whom such information is required or authorized to 22
be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 23
432A.170, 432B.198, 433B.183 [,] and 449.123 and [449.4329;] 24
sections 37 and 81 of this act; or 25
(5) About whom any agency of the State of Nevada or any 26
political subdivision thereof is authorized by law to have accurate 27
personal information for the protection of the agency or the persons 28
within its jurisdiction. 29
7. To request and receive information from the Federal Bureau 30
of Investigation concerning a person pursuant to subsection 6, the 31
Central Repository must receive: 32
(a) The person’s complete set of fingerprints for the purposes of: 33
(1) Booking the person into a city or county jail or detention 34
facility; 35
(2) Employment; 36
(3) Contractual services; or 37
(4) Services related to occupational licensing; 38
(b) One or more of the person’s fingerprints for the purposes of 39
mobile identification by an agency of criminal justice; or 40
(c) Any other biometric identifier of the person as it may require 41
for the purposes of: 42
(1) Arrest; or 43
(2) Criminal investigation, 44
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from the agency of criminal justice or agency of the State of 1
Nevada or any political subdivision thereof and submit the received 2
data to the Federal Bureau of Investigation for its report. 3
8. The Central Repository shall: 4
(a) Collect and maintain records, reports and compilations of 5
statistical data submitted by any agency pursuant to subsection 2. 6
(b) Tabulate and analyze all records, reports and compilations of 7
statistical data received pursuant to this section. 8
(c) Disseminate to federal agencies engaged in the collection of 9
statistical data relating to crime information which is contained in 10
the Central Repository. 11
(d) Investigate the criminal history of any person who: 12
(1) Has applied to the Superintendent of Public Instruction 13
for the issuance or renewal of a license; 14
(2) Has applied to a county school district, charter school or 15
private school for employment or to serve as a volunteer; or 16
(3) Is employed by or volunteers for a county school district, 17
charter school or private school, 18
and immediately notify the superintendent of each county school 19
district, the governing body of each charter school and the 20
Superintendent of Public Instruction, or the administrator of each 21
private school, as appropriate, if the investigation of the Central 22
Repository indicates that the person has been convicted of a 23
violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339, 24
or convicted of a felony or any offense involving moral turpitude. 25
(e) Upon discovery, immediately notify the superintendent of 26
each county school district, the governing body of each charter 27
school or the administrator of each private school, as appropriate, by 28
providing the superintendent, governing body or administrator with 29
a list of all persons: 30
(1) Investigated pursuant to paragraph (d); or 31
(2) Employed by or volunteering for a county school district, 32
charter school or private school whose fingerprints were sent 33
previously to the Central Repository for investigation, 34
who the Central Repository’s records indicate have been 35
convicted of a violation of NRS 200.508, 201.230, 453.3385, 36
453.3387 or 453.339, or convicted of a felony or any offense 37
involving moral turpitude since the Central Repository’s initial 38
investigation. The superintendent of each county school district, the 39
governing body of a charter school or the administrator of each 40
private school, as applicable, shall determine whether further 41
investigation or action by the district, charter school or private 42
school, as applicable, is appropriate. 43
(f) Investigate the criminal history of each person who submits 44
one or more fingerprints or other biometric identifier or has such 45
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- *AB519_R1*
data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 1
424.031, 432A.170, 432B.198, 433B.183, 449.122 [,] or 449.123 or 2
[449.4329.] section 36, 37, 80 or 81 of this act. 3
(g) Provide an electronic means to access on the Central 4
Repository’s Internet website statistical data relating to crime. 5
(h) Provide an electronic means to access on the Central 6
Repository’s Internet website statistical data about domestic 7
violence in this State. 8
(i) Identify and review the collection and processing of 9
statistical data relating to criminal justice by any agency identified 10
in subsection 2 and make recommendations for any necessary 11
changes in the manner of collecting and processing statistical data 12
by any such agency. 13
(j) Adopt regulations governing biometric identifiers and the 14
information and data derived from biometric identifiers, including, 15
without limitation: 16
(1) Their collection, use, safeguarding, handling, retention, 17
storage, dissemination and destruction; and 18
(2) The methods by which a person may request the removal 19
of his or her biometric identifiers from the Central Repository and 20
any other agency where his or her biometric identifiers have been 21
stored. 22
9. The Central Repository may: 23
(a) In the manner prescribed by the Director of the Department, 24
disseminate compilations of statistical data and publish statistical 25
reports relating to crime. 26
(b) Charge a reasonable fee for any publication or special report 27
it distributes relating to data collected pursuant to this section. The 28
Central Repository may not collect such a fee from an agency of 29
criminal justice or any other agency dealing with crime which is 30
required to submit information pursuant to subsection 2. All money 31
collected pursuant to this paragraph must be used to pay for the cost 32
of operating the Central Repository or for any other purpose 33
authorized by the Legislature, and any balance of the money 34
remaining at the end of a fiscal year reverts to the State General 35
Fund. 36
(c) In the manner prescribed by the Director of the Department, 37
use electronic means to receive and disseminate information 38
contained in the Central Repository that it is authorized to 39
disseminate pursuant to the provisions of this chapter. 40
10. As used in this section: 41
(a) “Mobile identification” means the collection, storage, 42
transmission, reception, search, access or processing of a biometric 43
identifier using a handheld device. 44
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(b) “Personal identifying information” means any information 1
designed, commonly used or capable of being used, alone or in 2
conjunction with any other information, to identify a person, 3
including, without limitation: 4
(1) The name, driver’s license number, social security 5
number, date of birth and photograph or computer-generated image 6
of a person; and 7
(2) A biometric identifier of a person. 8
(c) “Private school” has the meaning ascribed to it in 9
NRS 394.103. 10
Sec. 112. NRS 200.471 is hereby amended to read as follows: 11
200.471 1. As used in this section: 12
(a) “Assault” means: 13
(1) Unlawfully attempting to use physical force against 14
another person; or 15
(2) Intentionally placing another person in reasonable 16
apprehension of immediate bodily harm. 17
(b) “Fire-fighting agency” has the meaning ascribed to it in 18
NRS 239B.020. 19
(c) “Health care facility” means a facility licensed pursuant to 20
chapter 449 of NRS, an entity licensed or certified pursuant to the 21
chapter consisting of sections 2 to 90, inclusive, of this act, an 22
office of a person listed in NRS 629.031, a clinic or any other 23
location, other than a residence, where health care is provided. 24
(d) “Officer” means: 25
(1) A person who possesses some or all of the powers of a 26
peace officer; 27
(2) A person employed in a full-time salaried occupation of 28
fire fighting for the benefit or safety of the public; 29
(3) A member of a volunteer fire department; 30
(4) A jailer, guard or other correctional officer of a city or 31
county jail; 32
(5) A prosecuting attorney of an agency or political 33
subdivision of the United States or of this State; 34
(6) A justice of the Supreme Court, judge of the Court of 35
Appeals, district judge, justice of the peace, municipal judge, 36
magistrate, court commissioner, master or referee, including a 37
person acting pro tempore in a capacity listed in this subparagraph; 38
(7) An employee of this State or a political subdivision of 39
this State whose official duties require the employee to make home 40
visits; 41
(8) A civilian employee or a volunteer of a law enforcement 42
agency whose official duties require the employee or volunteer to: 43
(I) Interact with the public; 44
(II) Perform tasks related to law enforcement; and 45
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(III) Wear identification, clothing or a uniform that 1
identifies the employee or volunteer as working or volunteering for 2
the law enforcement agency; 3
(9) A civilian employee or a volunteer of a fire-fighting 4
agency whose official duties require the employee or volunteer to: 5
(I) Interact with the public; 6
(II) Perform tasks related to fire fighting or fire 7
prevention; and 8
(III) Wear identification, clothing or a uniform that 9
identifies the employee or volunteer as working or volunteering for 10
the fire-fighting agency; or 11
(10) A civilian employee or volunteer of this State or a 12
political subdivision of this State whose official duties require the 13
employee or volunteer to: 14
(I) Interact with the public; 15
(II) Perform tasks related to code enforcement; and 16
(III) Wear identification, clothing or a uniform that 17
identifies the employee or volunteer as working or volunteering for 18
this State or a political subdivision of this State. 19
(e) “Provider of health care” means: 20
(1) A physician, a medical student, a perfusionist, an 21
anesthesiologist assistant or a physician assistant licensed pursuant 22
to chapter 630 of NRS, a practitioner of respiratory care, a 23
homeopathic physician, an advanced practitioner of homeopathy, a 24
homeopathic assistant, an osteopathic physician, a physician 25
assistant or anesthesiologist assistant licensed pursuant to chapter 26
633 of NRS, a podiatric physician, a podiatry hygienist, a physical 27
therapist, a medical laboratory technician, an optometrist, a 28
chiropractic physician, a chiropractic assistant, a naprapath, a doctor 29
of Oriental medicine, a nurse, a student nurse, a certified nursing 30
assistant, a nursing assistant trainee, a medication aide - certified, a 31
person who provides health care services in the home for 32
compensation, a dentist, a dental student, a dental hygienist, a dental 33
hygienist student, an expanded function dental assistant, an 34
expanded function dental assistant student, a pharmacist, a 35
pharmacy student, an intern pharmacist, an attendant on an 36
ambulance or air ambulance, a psychologist, a social worker, a 37
marriage and family therapist, a marriage and family therapist 38
intern, a clinical professional counselor, a clinical professional 39
counselor intern, a behavior analyst, an assistant behavior analyst, a 40
registered behavior technician, a mental health technician, a licensed 41
dietitian, the holder of a license or a limited license issued under the 42
provisions of chapter 653 of NRS, a public safety officer at a health 43
care facility, an emergency medical technician, an advanced 44
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emergency medical technician, a paramedic or a participant in a 1
program of training to provide emergency medical services; or 2
(2) An employee of or volunteer for a health care facility 3
who: 4
(I) Interacts with the public; 5
(II) Performs tasks related to providing health care; and 6
(III) Wears identification, clothing or a uniform that 7
identifies the person as an employee or volunteer of the health care 8
facility. 9
(f) “School employee” means a licensed or unlicensed person 10
employed by a board of trustees of a school district pursuant to NRS 11
391.100 or 391.281. 12
(g) “Sporting event” has the meaning ascribed to it in 13
NRS 41.630. 14
(h) “Sports official” has the meaning ascribed to it in 15
NRS 41.630. 16
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816. 17
(j) “Taxicab driver” means a person who operates a taxicab. 18
(k) “Transit operator” means a person who operates a bus or 19
other vehicle as part of a public mass transportation system. 20
(l) “Utility worker” means an employee of a public utility as 21
defined in NRS 704.020 whose official duties require the employee 22
to: 23
(1) Interact with the public; 24
(2) Perform tasks related to the operation of the public 25
utility; and 26
(3) Wear identification, clothing or a uniform that identifies 27
the employee as working for the public utility. 28
2. A person convicted of an assault shall be punished: 29
(a) If paragraph (c) or (d) does not apply to the circumstances of 30
the crime and the assault is not made with the use of a deadly 31
weapon or the present ability to use a deadly weapon, for a 32
misdemeanor. 33
(b) If the assault is made with the use of a deadly weapon or the 34
present ability to use a deadly weapon, for a category B felony by 35
imprisonment in the state prison for a minimum term of not less 36
than 1 year and a maximum term of not more than 6 years, or by a 37
fine of not more than $5,000, or by both fine and imprisonment. 38
(c) If paragraph (d) does not apply to the circumstances of the 39
crime and if the assault: 40
(1) Is committed upon: 41
(I) An officer, a school employee, a taxicab driver, a 42
transit operator or a utility worker who is performing his or her 43
duty; 44
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(II) A provider of health care while the provider of health 1
care is performing his or her duty or is on the premises where he or 2
she performs that duty; or 3
(III) A sports official based on the performance of his or 4
her duties at a sporting event; and 5
(2) The person charged knew or should have known that the 6
victim was an officer, a provider of health care, a school employee, 7
a taxicab driver, a transit operator, a utility worker or a sports 8
official, 9
for a gross misdemeanor, unless the assault is made with the use 10
of a deadly weapon or the present ability to use a deadly weapon, 11
then for a category B felony by imprisonment in the state prison for 12
a minimum term of not less than 1 year and a maximum term of not 13
more than 6 years, or by a fine of not more than $5,000, or by both 14
fine and imprisonment. 15
(d) If the assault: 16
(1) Is committed by a probationer, a prisoner who is in 17
lawful custody or confinement or a parolee upon: 18
(I) An officer, a school employee, a taxicab driver, a 19
transit operator or a utility worker who is performing his or her 20
duty; 21
(II) A provider of health care while the provider of health 22
care is performing his or her duty or is on the premises where he or 23
she performs that duty; or 24
(III) A sports official based on the performance of his or 25
her duties at a sporting event; and 26
(2) The probationer, prisoner or parolee charged knew or 27
should have known that the victim was an officer, a provider of 28
health care, a school employee, a taxicab driver, a transit operator, a 29
utility worker or a sports official, 30
for a category D felony as provided in NRS 193.130, unless the 31
assault is made with the use of a deadly weapon or the present 32
ability to use a deadly weapon, then for a category B felony by 33
imprisonment in the state prison for a minimum term of not less 34
than 1 year and a maximum term of not more than 6 years, or by a 35
fine of not more than $5,000, or by both fine and imprisonment. 36
Sec. 113. NRS 200.5093 is hereby amended to read as 37
follows: 38
200.5093 1. Any person who is described in subsection 4 and 39
who, in a professional or occupational capacity, knows or has 40
reasonable cause to believe that an older person or vulnerable 41
person has been abused, neglected, exploited, isolated or abandoned 42
shall: 43
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(a) Except as otherwise provided in subsection 2, report the 1
abuse, neglect, exploitation, isolation or abandonment of the older 2
person or vulnerable person to: 3
(1) The local office of the Aging and Disability Services 4
Division of the Department of Health and Human Services; 5
(2) A police department or sheriff’s office; or 6
(3) A toll-free telephone service designated by the Aging and 7
Disability Services Division of the Department of Health and 8
Human Services; and 9
(b) Make such a report as soon as reasonably practicable but not 10
later than 24 hours after the person knows or has reasonable cause to 11
believe that the older person or vulnerable person has been abused, 12
neglected, exploited, isolated or abandoned. 13
2. If a person who is required to make a report pursuant to 14
subsection 1 knows or has reasonable cause to believe that the 15
abuse, neglect, exploitation, isolation or abandonment of the older 16
person or vulnerable person involves an act or omission of the 17
Aging and Disability Services Division, another division of the 18
Department of Health and Human Services or a law enforcement 19
agency, the person shall make the report to an agency other than the 20
one alleged to have committed the act or omission. 21
3. Each agency, after reducing a report to writing, shall forward 22
a copy of the report to the Aging and Disability Services Division of 23
the Department of Health and Human Services and the Unit for the 24
Investigation and Prosecution of Crimes. 25
4. A report must be made pursuant to subsection 1 by the 26
following persons: 27
(a) Every physician, dentist, dental hygienist, expanded function 28
dental assistant, chiropractic physician, naprapath, optometrist, 29
podiatric physician, medical examiner, resident, intern, professional 30
or practical nurse, physician assistant licensed pursuant to chapter 31
630 or 633 of NRS, anesthesiologist assistant, perfusionist, 32
psychiatrist, psychologist, marriage and family therapist, clinical 33
professional counselor, clinical alcohol and drug counselor, alcohol 34
and drug counselor, music therapist, athletic trainer, driver of an 35
ambulance, paramedic, licensed dietitian, holder of a license or a 36
limited license issued under the provisions of chapter 653 of NRS, 37
behavior analyst, assistant behavior analyst, registered behavior 38
technician, peer recovery support specialist, as defined in NRS 39
433.627, peer recovery support specialist supervisor, as defined in 40
NRS 433.629, or other person providing medical services licensed 41
or certified to practice in this State, who examines, attends or treats 42
an older person or vulnerable person who appears to have been 43
abused, neglected, exploited, isolated or abandoned. 44
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(b) Any personnel of a hospital or similar institution engaged in 1
the admission, examination, care or treatment of persons or an 2
administrator, manager or other person in charge of a hospital or 3
similar institution upon notification of the suspected abuse, neglect, 4
exploitation, isolation or abandonment of an older person or 5
vulnerable person by a member of the staff of the hospital. 6
(c) A coroner. 7
(d) Every person who maintains or is employed by an agency to 8
provide personal care services in the home. 9
(e) Every person who maintains or is employed by an agency to 10
provide nursing in the home. 11
(f) Every person who operates, who is employed by or who 12
contracts to provide services for an intermediary service 13
organization as defined in [NRS 449.4304.] section 59 of this act. 14
(g) Any employee of the Department of Health and Human 15
Services, except the State Long-Term Care Ombudsman appointed 16
pursuant to NRS 427A.125 and any of his or her advocates or 17
volunteers where prohibited from making such a report pursuant to 18
45 C.F.R. § 1321.11. 19
(h) Any employee of a law enforcement agency or a county’s 20
office for protective services or an adult or juvenile probation 21
officer. 22
(i) Any person who maintains or is employed by a facility or 23
establishment that provides care for older persons or vulnerable 24
persons. 25
(j) Any person who maintains, is employed by or serves as a 26
volunteer for an agency or service which advises persons regarding 27
the abuse, neglect, exploitation, isolation or abandonment of an 28
older person or vulnerable person and refers them to persons and 29
agencies where their requests and needs can be met. 30
(k) Every social worker. 31
(l) Any person who owns or is employed by a funeral home or 32
mortuary. 33
(m) Every person who operates or is employed by a community 34
health worker pool, as defined in NRS 449.0028, or with whom a 35
community health worker pool contracts to provide the services of a 36
community health worker, as defined in NRS 449.0027. 37
(n) Every person who is enrolled with the Division of Health 38
Care Financing and Policy of the Department of Health and Human 39
Services to provide doula services to recipients of Medicaid 40
pursuant to NRS 422.27177. 41
5. A report may be made by any other person. 42
6. If a person who is required to make a report pursuant to 43
subsection 1 knows or has reasonable cause to believe that an older 44
person or vulnerable person has died as a result of abuse, neglect, 45
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isolation or abandonment, the person shall, as soon as reasonably 1
practicable, report this belief to the appropriate medical examiner or 2
coroner, who shall investigate the cause of death of the older person 3
or vulnerable person and submit to the appropriate local law 4
enforcement agencies, the appropriate prosecuting attorney, the 5
Aging and Disability Services Division of the Department of Health 6
and Human Services and the Unit for the Investigation and 7
Prosecution of Crimes his or her written findings. The written 8
findings must include the information required pursuant to the 9
provisions of NRS 200.5094, when possible. 10
7. A division, office or department which receives a report 11
pursuant to this section shall cause the investigation of the report to 12
commence within 3 working days. A copy of the final report of the 13
investigation conducted by a division, office or department, other 14
than the Aging and Disability Services Division of the Department 15
of Health and Human Services, must be forwarded within 30 days 16
after the completion of the report to the: 17
(a) Aging and Disability Services Division; 18
(b) Repository for Information Concerning Crimes Against 19
Older Persons or Vulnerable Persons created by NRS 179A.450; 20
and 21
(c) Unit for the Investigation and Prosecution of Crimes. 22
8. If the investigation of a report results in the belief that an 23
older person or vulnerable person is abused, neglected, exploited, 24
isolated or abandoned, the Aging and Disability Services Division 25
of the Department of Health and Human Services or the county’s 26
office for protective services may provide protective services to the 27
older person or vulnerable person if the older person or vulnerable 28
person is able and willing to accept them. 29
9. A person who knowingly and willfully violates any of the 30
provisions of this section is guilty of a misdemeanor. 31
10. As used in this section, “Unit for the Investigation and 32
Prosecution of Crimes” means the Unit for the Investigation and 33
Prosecution of Crimes Against Older Persons or Vulnerable Persons 34
in the Office of the Attorney General created pursuant to 35
NRS 228.265. 36
Sec. 114. NRS 200.5095 is hereby amended to read as 37
follows: 38
200.5095 1. Reports made pursuant to NRS 200.5093 and 39
200.5094, and records and investigations relating to those reports, 40
are confidential. 41
2. A person, law enforcement agency or public or private 42
agency, institution or facility who willfully releases data or 43
information concerning the reports and investigation of the abuse, 44
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neglect, exploitation, isolation or abandonment of older persons or 1
vulnerable persons, except: 2
(a) Pursuant to a criminal prosecution; 3
(b) Pursuant to NRS 200.50982; or 4
(c) To persons or agencies enumerated in subsection 3, 5
is guilty of a misdemeanor. 6
3. Except as otherwise provided in subsection 2 and NRS 7
200.50982, data or information concerning the reports and 8
investigations of the abuse, neglect, exploitation, isolation or 9
abandonment of an older person or a vulnerable person is available 10
only to: 11
(a) A physician who is providing care to an older person or a 12
vulnerable person who may have been abused, neglected, exploited, 13
isolated or abandoned; 14
(b) An agency responsible for or authorized to undertake the 15
care, treatment and supervision of the older person or vulnerable 16
person; 17
(c) A district attorney or other law enforcement official who 18
requires the information in connection with an investigation of the 19
abuse, neglect, exploitation, isolation or abandonment of the older 20
person or vulnerable person; 21
(d) A court which has determined, in camera, that public 22
disclosure of such information is necessary for the determination of 23
an issue before it; 24
(e) A person engaged in bona fide research, but the identity of 25
the subjects of the report must remain confidential; 26
(f) A grand jury upon its determination that access to such 27
records is necessary in the conduct of its official business; 28
(g) Any comparable authorized person or agency in another 29
jurisdiction; 30
(h) A legal guardian of the older person or vulnerable person, if 31
the identity of the person who was responsible for reporting the 32
alleged abuse, neglect, exploitation, isolation or abandonment of the 33
older person or vulnerable person to the public agency is protected, 34
and the legal guardian of the older person or vulnerable person is 35
not the person suspected of such abuse, neglect, exploitation, 36
isolation or abandonment; 37
(i) If the older person or vulnerable person is deceased, the 38
executor or administrator of his or her estate, if the identity of the 39
person who was responsible for reporting the alleged abuse, neglect, 40
exploitation, isolation or abandonment of the older person or 41
vulnerable person to the public agency is protected, and the executor 42
or administrator is not the person suspected of such abuse, neglect, 43
exploitation, isolation or abandonment; 44
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(j) The older person or vulnerable person named in the report as 1
allegedly being abused, neglected, exploited, isolated or abandoned, 2
if that person is not legally incapacitated; 3
(k) An attorney appointed by a court to represent a protected 4
person in a guardianship proceeding pursuant to NRS 159.0485, if: 5
(1) The protected person is an older person or vulnerable 6
person; 7
(2) The identity of the person who was responsible for 8
reporting the alleged abuse, neglect, exploitation, isolation or 9
abandonment of the older person or vulnerable person to the public 10
agency is protected; and 11
(3) The attorney of the protected person is not the person 12
suspected of such abuse, neglect, exploitation, isolation or 13
abandonment; or 14
(l) The State Guardianship Compliance Office created by 15
NRS 159.341. 16
4. If the person who is reported to have abused, neglected, 17
exploited, isolated or abandoned an older person or a vulnerable 18
person is the holder of a license or certificate issued pursuant to 19
chapters 449, 630 to 641B, inclusive, 641D, 653 or 654 of NRS [,] 20
or the chapter consisting of sections 2 to 90, inclusive, of this act, 21
the information contained in the report must be submitted to the 22
board that issued the license. 23
5. If data or information concerning the reports and 24
investigations of the abuse, neglect, exploitation, isolation or 25
abandonment of an older person or a vulnerable person is made 26
available pursuant to paragraph (b) or (j) of subsection 3 or 27
subsection 4, the name and any other identifying information of the 28
person who made the report must be redacted before the data or 29
information is made available. 30
Sec. 115. NRS 232.320 is hereby amended to read as follows: 31
232.320 1. The Director: 32
(a) Shall appoint, with the consent of the Governor, 33
administrators of the divisions of the Department, who are 34
respectively designated as follows: 35
(1) The Administrator of the Aging and Disability Services 36
Division; 37
(2) The Administrator of the Division of Welfare and 38
Supportive Services; 39
(3) The Administrator of the Division of Child and Family 40
Services; 41
(4) The Administrator of the Division of Health Care 42
Financing and Policy; and 43
(5) The Administrator of the Division of Public and 44
Behavioral Health. 45
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(b) Shall administer, through the divisions of the Department, 1
the provisions of chapters 63, 424, 425, 427A, 432A to 442, 2
inclusive, 446 to 450, inclusive, and the chapter consisting of 3
sections 2 to 90, inclusive, of this act, 458A and 656A of NRS, 4
NRS 127.220 to 127.310, inclusive, 422.001 to 422.410, inclusive, 5
422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626, 6
inclusive, 444.002 to 444.430, inclusive, and 445A.010 to 7
445A.055, inclusive, and all other provisions of law relating to the 8
functions of the divisions of the Department, but is not responsible 9
for the clinical activities of the Division of Public and Behavioral 10
Health or the professional line activities of the other divisions. 11
(c) Shall administer any state program for persons with 12
developmental disabilities established pursuant to the 13
Developmental Disabilities Assistance and Bill of Rights Act of 14
2000, 42 U.S.C. §§ 15001 et seq. 15
(d) Shall, after considering advice from agencies of local 16
governments and nonprofit organizations which provide social 17
services, adopt a master plan for the provision of human services in 18
this State. The Director shall revise the plan biennially and deliver a 19
copy of the plan to the Governor and the Legislature at the 20
beginning of each regular session. The plan must: 21
(1) Identify and assess the plans and programs of the 22
Department for the provision of human services, and any 23
duplication of those services by federal, state and local agencies; 24
(2) Set forth priorities for the provision of those services; 25
(3) Provide for communication and the coordination of those 26
services among nonprofit organizations, agencies of local 27
government, the State and the Federal Government; 28
(4) Identify the sources of funding for services provided by 29
the Department and the allocation of that funding; 30
(5) Set forth sufficient information to assist the Department 31
in providing those services and in the planning and budgeting for the 32
future provision of those services; and 33
(6) Contain any other information necessary for the 34
Department to communicate effectively with the Federal 35
Government concerning demographic trends, formulas for the 36
distribution of federal money and any need for the modification of 37
programs administered by the Department. 38
(e) May, by regulation, require nonprofit organizations and state 39
and local governmental agencies to provide information regarding 40
the programs of those organizations and agencies, excluding 41
detailed information relating to their budgets and payrolls, which the 42
Director deems necessary for the performance of the duties imposed 43
upon him or her pursuant to this section. 44
(f) Has such other powers and duties as are provided by law. 45
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2. Notwithstanding any other provision of law, the Director, or 1
the Director’s designee, is responsible for appointing and removing 2
subordinate officers and employees of the Department. 3
Sec. 116. NRS 232.359 is hereby amended to read as follows: 4
232.359 1. The Department, in collaboration with any state 5
or local agencies or community-based organizations which provide 6
information and referral services concerning health, welfare, human 7
and social services and any group established by the Governor to 8
implement a statewide information and referral system concerning 9
health, welfare, human and social services, shall establish and 10
maintain a statewide information and referral system to provide 11
nonemergency information and referrals to the general public 12
concerning the health, welfare, human and social services provided 13
by public or private entities in this State. The system must: 14
(a) Integrate any information and referral systems previously 15
established by state agencies, local agencies or community-based 16
organizations with the system established pursuant to this section; 17
(b) Be the sole system in this State which is accessible to a 18
person by dialing the digits 2-1-1 and which provides nonemergency 19
information and referrals to the general public concerning the 20
health, welfare, human and social services provided by public or 21
private entities in this State; 22
(c) Be accessible to a person using the public telephone system 23
by dialing the digits 2-1-1; 24
(d) Include information concerning service-connected 25
disabilities and diseases, including, without limitation, diseases 26
presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to 27
3.344, inclusive; 28
(e) Except as otherwise provided in paragraph (f), include 29
information that is updated periodically; and 30
(f) Include information concerning the licensing status of any 31
entity licensed pursuant to chapter 449 of NRS or the chapter 32
consisting of sections 2 to 90, inclusive, of this act that is reviewed 33
and updated at least quarterly. 34
2. In establishing the statewide information and referral 35
system, the Department, any state or local agencies or community-36
based organizations which provide information and referral services 37
concerning health, welfare, human and social services and any 38
group established by the Governor to implement a statewide 39
information and referral system concerning health, welfare, human 40
and social services shall consult with representatives of: 41
(a) The Public Utilities Commission of Nevada; 42
(b) Telephone companies which provide service through a local 43
exchange in this State; 44
(c) Companies that provide wireless phone services in this State; 45
– 89 –
- *AB519_R1*
(d) Existing information and referral services established by 1
state agencies, local agencies or community-based organizations; 2
(e) State and local agencies or other organizations that provide 3
health, welfare, human and social services; 4
(f) Nonprofit organizations; and 5
(g) Such other agencies, entities and organizations as determined 6
necessary by the Department, any state or local agencies or 7
community-based organizations which provide information and 8
referral services concerning health, welfare, human and social 9
services or any group established by the Governor to implement a 10
statewide information and referral system concerning health, 11
welfare, human and social services. 12
3. The Public Utilities Commission of Nevada, each telephone 13
company which provides service through a local exchange in this 14
State and each company that provides wireless phone services in 15
this State shall cooperate with the Department, any state or local 16
agencies or community-based organizations which provide 17
information and referral services concerning health, welfare, human 18
and social services and any group established by the Governor to 19
implement a statewide information and referral system concerning 20
health, welfare, human and social services in the establishment of 21
the statewide information and referral system. 22
Sec. 117. NRS 232B.237 is hereby amended to read as 23
follows: 24
232B.237 1. The Sunset Subcommittee of the Legislative 25
Commission shall conduct a review of each professional or 26
occupational licensing board and regulatory body in this State to 27
determine whether the restrictions on the criminal history of an 28
applicant for an occupational or professional license are appropriate. 29
2. Each professional or occupational licensing board and 30
regulatory body subject to review pursuant to subsection 1 must 31
submit information to the Sunset Subcommittee on a form 32
prescribed by the Sunset Subcommittee. The information must 33
include, without limitation: 34
(a) The number of petitions submitted to a professional or 35
occupational licensing board and regulatory body pursuant to NRS 36
1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395, 37
445B.7776, 449.03008, [449.4316,] 450B.169, 455C.125, 457.1825, 38
458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375, 39
503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225, 40
576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057, 41
599B.127, 618.357, 622.085, 678B.630 and 706.4626 [;] and 42
sections 10 and 70 of this act; 43
(b) The number of determinations of disqualification made by 44
the professional or occupational licensing board and regulatory body 45
– 90 –
- *AB519_R1*
pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212, 1
379.00785, 435.3395, 445B.7776, 449.03008, [449.4316,] 2
450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163, 3
487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013, 4
534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035, 5
584.2165, 587.014, 599A.057, 599B.127, 618.357, 622.085, 6
678B.630 and 706.4626 [;] and sections 10 and 70 of this act; and 7
(c) The reasons for such determinations of disqualification. 8
3. As used in this section, “regulatory body” has the meaning 9
ascribed to it in NRS 622.060. 10
Sec. 118. NRS 239.010 is hereby amended to read as follows: 11
239.010 1. Except as otherwise provided in this section and 12
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 13
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 14
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 15
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 16
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 17
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 18
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 19
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 20
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 21
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 22
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 23
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 24
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 25
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 26
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 27
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 28
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 29
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 30
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 31
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 32
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 33
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 34
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 35
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 36
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 37
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 38
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 39
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 40
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 41
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 42
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 43
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 44
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 45
– 91 –
- *AB519_R1*
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 1
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 2
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 3
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 4
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 5
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 6
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 7
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 8
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 9
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 10
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 11
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 12
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 13
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 14
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 15
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 16
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 17
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 18
[449.4315,] 449A.112, 450.140, 450B.188, 450B.805, 453.164, 19
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 20
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 21
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 22
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 23
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 24
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 25
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 26
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 27
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 28
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 29
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 30
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 31
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 32
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 33
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 34
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 35
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 36
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 37
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 38
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 39
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 40
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 41
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 42
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 43
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 44
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 45
– 92 –
- *AB519_R1*
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 1
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 2
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 3
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 4
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 5
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 6
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 7
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 8
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 9
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 10
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 11
711.600, and sections 23, 55 and 69 of this act, sections 35, 38 and 12
41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 13
391, Statutes of Nevada 2013 and unless otherwise declared by law 14
to be confidential, all public books and public records of a 15
governmental entity must be open at all times during office hours to 16
inspection by any person, and may be fully copied or an abstract or 17
memorandum may be prepared from those public books and public 18
records. Any such copies, abstracts or memoranda may be used to 19
supply the general public with copies, abstracts or memoranda of the 20
records or may be used in any other way to the advantage of the 21
governmental entity or of the general public. This section does not 22
supersede or in any manner affect the federal laws governing 23
copyrights or enlarge, diminish or affect in any other manner the 24
rights of a person in any written book or record which is 25
copyrighted pursuant to federal law. 26
2. A governmental entity may not reject a book or record 27
which is copyrighted solely because it is copyrighted. 28
3. A governmental entity that has legal custody or control of a 29
public book or record shall not deny a request made pursuant to 30
subsection 1 to inspect or copy or receive a copy of a public book or 31
record on the basis that the requested public book or record contains 32
information that is confidential if the governmental entity can 33
redact, delete, conceal or separate, including, without limitation, 34
electronically, the confidential information from the information 35
included in the public book or record that is not otherwise 36
confidential. 37
4. If requested, a governmental entity shall provide a copy of a 38
public record in an electronic format by means of an electronic 39
medium. Nothing in this subsection requires a governmental entity 40
to provide a copy of a public record in an electronic format or by 41
means of an electronic medium if: 42
(a) The public record: 43
(1) Was not created or prepared in an electronic format; and 44
(2) Is not available in an electronic format; or 45
– 93 –
- *AB519_R1*
(b) Providing the public record in an electronic format or by 1
means of an electronic medium would: 2
(1) Give access to proprietary software; or 3
(2) Require the production of information that is confidential 4
and that cannot be redacted, deleted, concealed or separated from 5
information that is not otherwise confidential. 6
5. An officer, employee or agent of a governmental entity who 7
has legal custody or control of a public record: 8
(a) Shall not refuse to provide a copy of that public record in the 9
medium that is requested because the officer, employee or agent has 10
already prepared or would prefer to provide the copy in a different 11
medium. 12
(b) Except as otherwise provided in NRS 239.030, shall, upon 13
request, prepare the copy of the public record and shall not require 14
the person who has requested the copy to prepare the copy himself 15
or herself. 16
Sec. 119. NRS 287.500 is hereby amended to read as follows: 17
287.500 As used in NRS 287.500 to 287.530, inclusive, unless 18
the context otherwise requires: 19
1. “Employee organization” means an organization of any kind 20
whose members are governmental employees and has as one of its 21
purposes the improvement of the terms and conditions of 22
employment of governmental employees. 23
2. “Professional service” means any type of personal service 24
which may be performed only pursuant to a license, certificate of 25
registration or other authorization issued by this state, except 26
services provided by any person licensed under chapter 630 or 633 27
of NRS , [or] by any medical facility or facility for the dependent as 28
defined in chapter 449 of NRS [.] or any agency to provide 29
personal care services in the home as defined in section 3 of this 30
act. 31
Sec. 120. NRS 422.272407 is hereby amended to read as 32
follows: 33
422.272407 1. To the extent authorized by federal law, the 34
Director shall include [in the State Plan for] under Medicaid 35
authorization for [a] : 36
(a) A recipient of Medicaid to be deemed a provider of services 37
for the purposes of allowing the recipient to receive reimbursements 38
for personal care services covered by Medicaid and use that money 39
to pay for services provided by a personal care assistant acting 40
pursuant to NRS 629.091 or an agency to provide personal care 41
services in the home using a self-directed model. 42
(b) A member of the family of a recipient of Medicaid to serve 43
as a personal care assistant pursuant to paragraph (a) if the 44
family member: 45
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- *AB519_R1*
(1) Completes the training required by section 30 of this 1
act; and 2
(2) Receives authorization from a provider of health care 3
pursuant to NRS 629.091 to act as a personal care assistant for the 4
recipient. 5
2. As used in this section: 6
(a) “Agency to provide personal care services in the home” has 7
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act. 8
(b) “Personal care services” means the services described in 9
[NRS 449.1935.] section 52 of this act. 10
Sec. 121. NRS 422.3792 is hereby amended to read as 11
follows: 12
422.3792 “Agency to provide personal care services in the 13
home” has the meaning ascribed to it in [NRS 449.0021.] section 3 14
of this act. 15
Sec. 122. NRS 422.3965 is hereby amended to read as 16
follows: 17
422.3965 1. The Department shall apply to the Secretary of 18
Health and Human Services for a home and community-based 19
services waiver granted pursuant to 42 U.S.C. § 1396n(c). The 20
waiver must authorize the Department to include structured family 21
caregiving for persons suffering from dementia as medical 22
assistance under Medicaid. 23
2. The waiver must: 24
(a) Authorize an applicant for or a recipient of Medicaid 25
suffering from dementia to choose any: 26
(1) Person, including, without limitation, a spouse or a 27
person who is legally responsible for the recipient, to serve as his or 28
her caregiver; and 29
(2) Appropriate residence in which to receive structured 30
family caregiving; 31
(b) Require a caregiver chosen by a recipient of Medicaid 32
pursuant to paragraph (a), including, without limitation, a caregiver 33
chosen by an applicant whose application is approved, to be or 34
become an employee of an agency to provide personal care services 35
in the home or an intermediary service organization; 36
(c) Establish a per diem rate to be paid to an agency to provide 37
personal care services in the home or an intermediary service 38
organization that employs a caregiver pursuant to paragraph (b); 39
(d) Require an agency to provide personal care services in the 40
home or intermediary service organization that employs a caregiver 41
pursuant to paragraph (b) to provide to the caregiver a daily stipend 42
that is at least 65 percent of the per diem rate paid to the agency to 43
provide personal care services in the home or intermediary service 44
organization; and 45
– 95 –
- *AB519_R1*
(e) Require a caregiver chosen by a recipient of Medicaid 1
pursuant to paragraph (a), including, without limitation, a caregiver 2
chosen by an applicant whose application is approved, to complete 3
[any] the training [the Aging and Disability Services Division of the 4
Department determines to be necessary for the caregiver to provide 5
adequate care to the recipient.] required by section 30 of this act. 6
3. The Department shall: 7
(a) Cooperate with the Federal Government in obtaining a 8
waiver pursuant to this section; 9
(b) If the Federal Government approves the waiver, adopt 10
regulations necessary to carry out the provisions of this section, 11
including, without limitation, the criteria to be used in determining 12
eligibility for an applicant for or a recipient of Medicaid suffering 13
from dementia to receive structured family caregiving pursuant to 14
this section; and 15
(c) Implement the amendments to the waiver only to the extent 16
that the amendments are approved by the Federal Government. 17
4. As used in this section: 18
(a) “Agency to provide personal care services in the home” has 19
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act. 20
(b) “Intermediary service organization” has the meaning 21
ascribed to it in [NRS 449.4304.] section 59 of this act. 22
(c) “Structured family caregiving” means the provision of 23
services to a person who resides in the same residence as the 24
caregiver on a full-time basis. The services provided may include, 25
without limitation: 26
(1) Case management services; 27
(2) Personal care services; 28
(3) Personal assistance; 29
(4) Homemaker services; and 30
(5) Health-related services, including, without limitation, 31
home health aide services. 32
Sec. 123. NRS 427A.175 is hereby amended to read as 33
follows: 34
427A.175 1. Within 1 year after an older patient sustains 35
damage to his or her property as a result of any act or failure to act 36
by a facility for intermediate care, a facility for skilled nursing, a 37
residential facility for groups, a home for individual residential care, 38
an agency to provide personal care services in the home, an 39
intermediary service organization, a community health worker pool 40
or an agency to provide nursing in the home in protecting the 41
property, the older patient may file a verified complaint with the 42
Division setting forth the details of the damage. 43
– 96 –
- *AB519_R1*
2. Upon receiving a verified complaint pursuant to subsection 1
1, the Administrator shall investigate the complaint and attempt to 2
settle the matter through arbitration, mediation or negotiation. 3
3. If a settlement is not reached pursuant to subsection 2, the 4
facility, home, agency, organization or older patient may request a 5
hearing before the Attorney for the Rights of Older Persons and 6
Persons with a Physical Disability, an Intellectual Disability or a 7
Related Condition. If requested, the Attorney for the Rights of Older 8
Persons and Persons with a Physical Disability, an Intellectual 9
Disability or a Related Condition shall conduct a hearing to 10
determine whether the facility, home, agency, pool or organization 11
is liable for damages to the patient. If the Attorney for the Rights of 12
Older Persons and Persons with a Physical Disability, an Intellectual 13
Disability or a Related Condition determines that the facility, home, 14
agency, pool or organization is liable for damages to the patient, the 15
Attorney for the Rights of Older Persons and Persons with a 16
Physical Disability, an Intellectual Disability or a Related Condition 17
shall order the amount of the surety bond pursuant to NRS 449.065 18
or section 24 or 67 of this act, as applicable, or the substitute for 19
the surety bond necessary to pay for the damages pursuant to 20
NRS 449.067 or section 25 or 68 of this act, as applicable, to be 21
released to the Division. The Division shall pay any such amount to 22
the older patient or the estate of the older patient. 23
4. The Division shall create a separate account for money to be 24
collected and distributed pursuant to this section. 25
5. As used in this section: 26
(a) “Agency to provide nursing in the home” has the meaning 27
ascribed to it in NRS 449.0015; 28
(b) “Agency to provide personal care services in the home” has 29
the meaning ascribed to it in [NRS 449.0021;] section 3 of this act; 30
(c) “Community health worker pool” has the meaning ascribed 31
to it in NRS 449.0028; 32
(d) “Facility for intermediate care” has the meaning ascribed to 33
it in NRS 449.0038; 34
(e) “Facility for skilled nursing” has the meaning ascribed to it 35
in NRS 449.0039; 36
(f) “Home for individual residential care” has the meaning 37
ascribed to it in NRS 449.0105; 38
(g) “Intermediary service organization” has the meaning 39
ascribed to it in [NRS 449.4304;] section 59 of this act; 40
(h) “Older patient” has the meaning ascribed to it in NRS 41
449.065; and 42
(i) “Residential facility for groups” has the meaning ascribed to 43
it in NRS 449.017. 44
– 97 –
- *AB519_R1*
Sec. 124. NRS 427A.906 is hereby amended to read as 1
follows: 2
427A.906 “Facility or service provider” means: 3
1. Any facility or other entity licensed or certified pursuant to 4
chapter 435 or 449 of NRS [.] or the chapter consisting of sections 5
2 to 90, inclusive, of this act. 6
2. A provider of emergency medical services. 7
3. A facility for long-term rehabilitation. 8
4. Any unlicensed establishment that provides food, shelter, 9
assistance and limited supervision to an older person or a vulnerable 10
person. 11
Sec. 125. NRS 435.450 is hereby amended to read as follows: 12
435.450 1. If a patient in a division facility is transferred to 13
another division facility or to a medical facility, a facility for the 14
dependent , an agency to provide personal care services in the 15
home or a physician licensed to practice medicine, the division 16
facility shall forward a copy of the medical records of the patient, on 17
or before the date the patient is transferred, to the facility , agency or 18
physician. Except as otherwise required by 42 U.S.C. § 290dd, 19
290dd-1 or 290dd-2 or NRS 439.591 or 439.597, the division 20
facility is not required to obtain the oral or written consent of the 21
patient to forward a copy of the medical records. 22
2. As used in this section, [“medical] : 23
(a) “Agency to provide personal care services in the home” has 24
the meaning ascribed to it in section 3 of this act. 25
(b) “Medical records” includes a medical history of the patient, 26
a summary of the current physical condition of the patient and a 27
discharge summary which contains the information necessary for 28
the proper treatment of the patient. 29
Sec. 126. NRS 608.0195 is hereby amended to read as 30
follows: 31
608.0195 1. If an employee specified in paragraph (a) of 32
subsection 3 is required to be on duty for 24 hours or more, the 33
employer and employee may agree in writing to exclude from the 34
employee’s wages a regularly scheduled sleeping period not to 35
exceed 8 hours if adequate sleeping facilities are furnished: 36
(a) By the employer of an employee described in subparagraph 37
(1) of paragraph (a) of subsection 3; or 38
(b) In the home in which an employee described in 39
subparagraph (2) of paragraph (a) of subsection 3 provides personal 40
care services, 41
as applicable. 42
2. If the sleeping period is interrupted by any call for service 43
by the employer or for service to a person to whom the employee 44
provides personal care services, the interruption must be counted as 45
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hours worked. If the sleeping period is interrupted by any call for 1
service by the employer or for service to a person to whom the 2
employee provides personal care services to such an extent that the 3
sleeping period is less than 5 hours, the employee must be paid for 4
the entire sleeping period. 5
3. The provisions of subsections 1 and 2: 6
(a) Apply only to: 7
(1) An employee who is on duty at a residential facility for a 8
group of similarly situated persons who require supervision, care or 9
other assistance from employees at the residential facility; and 10
(2) An employee of an agency to provide personal care 11
services in the home who is on duty. 12
(b) Do not apply to a firefighter, a member of a rescue or 13
emergency services crew or a peace officer, including, without 14
limitation, a correctional officer. 15
4. As used in this section: 16
(a) “A group of similarly situated persons” includes, without 17
limitation, a group of: 18
(1) Persons with a mental illness; 19
(2) Persons with a physical disability; 20
(3) Persons with an intellectual disability; 21
(4) Persons who are elderly; 22
(5) Persons recovering from alcohol or substance use 23
disorders; 24
(6) Children in foster care; and 25
(7) Children in a program to address emotional or behavioral 26
problems. 27
(b) “Agency to provide personal care services in the home” has 28
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act. 29
(c) “On duty” means any period during which an employee is 30
working or is required to remain on the premises of: 31
(1) In the case of an employee described in subparagraph (1) 32
of paragraph (a) of subsection 3, the employer; or 33
(2) In the case of an employee described in subparagraph (2) 34
of paragraph (a) of subsection 3, the home of a person to whom the 35
employee provides personal care services. 36
(d) “Personal care services” means the services described in 37
[NRS 449.1935.] section 52 of this act. 38
(e) “Residential facility” means: 39
(1) A dormitory, any structure similar to a dormitory or any 40
structure similar to a private residence in which a group of similarly 41
situated persons reside for the purpose of receiving supervision, care 42
or other assistance from employees on duty at the residential 43
facility. Any such dormitory or structure similar to a dormitory may 44
include a studio apartment for the use of the employees. 45
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(2) In the case of a program for children to address emotional 1
or behavioral problems, any structure which provides for residential 2
living for the children and employees. 3
Sec. 127. NRS 608.510 is hereby amended to read as follows: 4
608.510 “Agency to provide personal care services in the 5
home” has the meaning ascribed to it in [NRS 449.0021.] section 3 6
of this act. 7
Sec. 128. NRS 608.530 is hereby amended to read as follows: 8
608.530 1. “Home care employee” means a person who 9
provides: 10
(a) Personal care services through a home care program as an 11
employee of a home care employer that is an agency to provide 12
personal care services in the home; 13
(b) Personal assistance through a home care program as a 14
personal assistant for whom a home care employer that is an 15
intermediary service organization is the employer of record; or 16
(c) Temporary respite services through a home care program as 17
an employee of a home care employer that has entered into a 18
contract with the Aging and Disability Services Division of the 19
Department of Health and Human Services to provide such services. 20
2. As used in this section, “personal assistant” has the meaning 21
ascribed to it in [NRS 449.4308.] section 60 of this act. 22
Sec. 129. NRS 608.570 is hereby amended to read as follows: 23
608.570 “Intermediary service organization” has the meaning 24
ascribed to it in [NRS 449.4304.] section 59 of this act. 25
Sec. 130. NRS 608.580 is hereby amended to read as follows: 26
608.580 “Personal assistance” has the meaning ascribed to it in 27
[NRS 449.4308.] section 60 of this act. 28
Sec. 131. NRS 608.590 is hereby amended to read as follows: 29
608.590 “Personal care services” means the services described 30
in [NRS 449.1935.] section 52 of this act. 31
Sec. 132. NRS 608.600 is hereby amended to read as follows: 32
608.600 “Temporary respite services” has the meaning 33
ascribed to it in [NRS 449.0021.] section 3 of this act. 34
Sec. 133. NRS 630.024 is hereby amended to read as follows: 35
630.024 1. “Respiratory care” means the treatment, 36
management, diagnostic testing, control and care of persons with 37
deficiencies and abnormalities associated with the cardiopulmonary 38
system. The term includes inhalation and respiratory therapy. 39
2. The term does not include any task performed in accordance 40
with the regulations adopted by the State Board of Health pursuant 41
to NRS 449.0304 and [449.4309.] sections 14 and 61 of this act. 42
Sec. 134. NRS 630.060 is hereby amended to read as follows: 43
630.060 1. Six members of the Board must be persons who 44
are licensed to practice medicine in this State, are actually engaged 45
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in the practice of medicine in this State and have resided and 1
practiced medicine in this State for at least 5 years preceding their 2
respective appointments. 3
2. One member of the Board must be a person who is licensed 4
to practice as a physician assistant in this State, is actually engaged 5
in practice as a physician assistant in this State and has resided and 6
practiced as a physician assistant in this State for at least 5 years 7
preceding his or her appointment. 8
3. One member of the Board must be a person who is licensed 9
to engage in the practice of respiratory care in this State, is actually 10
engaged in the practice of respiratory care in this State and has 11
resided and practiced respiratory care in this State for at least 5 12
years preceding his or her appointment. 13
4. One member of the Board must be a person who has resided 14
in this State for at least 5 years and who represents the interests of 15
persons or agencies that regularly provide health care to patients 16
who are indigent, uninsured or unable to afford health care. This 17
member must not be licensed under the provisions of this chapter. 18
5. The remaining two members of the Board must be persons 19
who have resided in this State for at least 5 years and who: 20
(a) Are not licensed in any state to practice any healing art; 21
(b) Are not the spouse or the parent or child, by blood, marriage 22
or adoption, of a person licensed in any state to practice any healing 23
art; 24
(c) Are not actively engaged in the administration of any facility 25
for the dependent as defined in chapter 449 of NRS, agency to 26
provide personal care services in the home as defined in section 3 27
of this act, medical facility or medical school; and 28
(d) Do not have a pecuniary interest in any matter pertaining to 29
the healing arts, except as a patient or potential patient. 30
6. The members of the Board must be selected without regard 31
to their individual political beliefs. 32
Sec. 135. NRS 630.253 is hereby amended to read as follows: 33
630.253 1. The Board shall, as a prerequisite for the: 34
(a) Renewal of a license as a physician assistant; 35
(b) Renewal of a license as an anesthesiologist assistant; or 36
(c) Biennial registration of the holder of a license to practice 37
medicine, 38
require each holder to submit evidence of compliance with the 39
requirements for continuing education as set forth in regulations 40
adopted by the Board. 41
2. These requirements: 42
(a) May provide for the completion of one or more courses of 43
instruction relating to risk management in the performance of 44
medical services. 45
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(b) Must provide for the completion of a course of instruction, 1
within 2 years after initial licensure, relating to the medical 2
consequences of an act of terrorism that involves the use of a 3
weapon of mass destruction. The course must provide at least 4 4
hours of instruction that includes instruction in the following 5
subjects: 6
(1) An overview of acts of terrorism and weapons of mass 7
destruction; 8
(2) Personal protective equipment required for acts of 9
terrorism; 10
(3) Common symptoms and methods of treatment associated 11
with exposure to, or injuries caused by, chemical, biological, 12
radioactive and nuclear agents; 13
(4) Syndromic surveillance and reporting procedures for acts 14
of terrorism that involve biological agents; and 15
(5) An overview of the information available on, and the use 16
of, the Health Alert Network. 17
(c) Must provide for the completion by a holder of a license to 18
practice medicine of a course of instruction within 2 years after 19
initial licensure that provides at least 2 hours of instruction on 20
evidence-based suicide prevention and awareness as described in 21
subsection 6. 22
(d) Must provide for the completion of at least 2 hours of 23
training in the screening, brief intervention and referral to treatment 24
approach to substance use disorder within 2 years after initial 25
licensure. 26
(e) Must provide for the biennial completion by each 27
psychiatrist and each physician assistant practicing under the 28
supervision of a psychiatrist of one or more courses of instruction 29
that provide at least 2 hours of instruction relating to cultural 30
competency and diversity, equity and inclusion. Such instruction: 31
(1) May include the training provided pursuant to NRS 32
449.103 [,] or section 34 of this act, where applicable. 33
(2) Must be based upon a range of research from diverse 34
sources. 35
(3) Must address persons of different cultural backgrounds, 36
including, without limitation: 37
(I) Persons from various gender, racial and ethnic 38
backgrounds; 39
(II) Persons from various religious backgrounds; 40
(III) Lesbian, gay, bisexual, transgender and questioning 41
persons; 42
(IV) Children and senior citizens; 43
(V) Veterans; 44
(VI) Persons with a mental illness; 45
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(VII) Persons with an intellectual disability, 1
developmental disability or physical disability; and 2
(VIII) Persons who are part of any other population that a 3
psychiatrist or a physician assistant practicing under the supervision 4
of a psychiatrist may need to better understand, as determined by the 5
Board. 6
(f) Must allow the holder of a license to receive credit toward 7
the total amount of continuing education required by the Board for 8
the completion of a course of instruction relating to genetic 9
counseling and genetic testing. 10
(g) Must provide for the completion by a physician or physician 11
assistant who provides or supervises the provision of emergency 12
medical services in a hospital or primary care of at least 2 hours of 13
training in the stigma, discrimination and unrecognized bias toward 14
persons who have acquired or are at a high risk of acquiring human 15
immunodeficiency virus within 2 years after beginning to provide or 16
supervise the provision of such services or care. 17
3. The Board may determine whether to include in a program 18
of continuing education courses of instruction relating to the 19
medical consequences of an act of terrorism that involves the use of 20
a weapon of mass destruction in addition to the course of instruction 21
required by paragraph (b) of subsection 2. 22
4. The Board shall encourage each holder of a license who 23
treats or cares for persons who are more than 60 years of age to 24
receive, as a portion of their continuing education, education in 25
geriatrics and gerontology, including such topics as: 26
(a) The skills and knowledge that the licensee needs to address 27
aging issues; 28
(b) Approaches to providing health care to older persons, 29
including both didactic and clinical approaches; 30
(c) The biological, behavioral, social and emotional aspects of 31
the aging process; and 32
(d) The importance of maintenance of function and 33
independence for older persons. 34
5. The Board shall encourage each holder of a license to 35
practice medicine to receive, as a portion of his or her continuing 36
education, training concerning methods for educating patients about 37
how to effectively manage medications, including, without 38
limitation, the ability of the patient to request to have the symptom 39
or purpose for which a drug is prescribed included on the label 40
attached to the container of the drug. 41
6. The Board shall require each holder of a license to practice 42
medicine to receive as a portion of his or her continuing education at 43
least 2 hours of instruction every 4 years on evidence-based suicide 44
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prevention and awareness, which may include, without limitation, 1
instruction concerning: 2
(a) The skills and knowledge that the licensee needs to detect 3
behaviors that may lead to suicide, including, without limitation, 4
post-traumatic stress disorder; 5
(b) Approaches to engaging other professionals in suicide 6
intervention; and 7
(c) The detection of suicidal thoughts and ideations and the 8
prevention of suicide. 9
7. The Board shall encourage each holder of a license to 10
practice medicine or as a physician assistant to receive, as a portion 11
of his or her continuing education, training and education in the 12
diagnosis of rare diseases, including, without limitation: 13
(a) Recognizing the symptoms of pediatric cancer; and 14
(b) Interpreting family history to determine whether such 15
symptoms indicate a normal childhood illness or a condition that 16
requires additional examination. 17
8. A holder of a license to practice medicine may not substitute 18
the continuing education credits relating to suicide prevention and 19
awareness required by this section for the purposes of satisfying an 20
equivalent requirement for continuing education in ethics. 21
9. Except as otherwise provided in NRS 630.2535, a holder of 22
a license to practice medicine may substitute not more than 2 hours 23
of continuing education credits in pain management, care for 24
persons with an addictive disorder or the screening, brief 25
intervention and referral to treatment approach to substance use 26
disorder for the purposes of satisfying an equivalent requirement for 27
continuing education in ethics. 28
10. As used in this section: 29
(a) “Act of terrorism” has the meaning ascribed to it in 30
NRS 202.4415. 31
(b) “Biological agent” has the meaning ascribed to it in 32
NRS 202.442. 33
(c) “Chemical agent” has the meaning ascribed to it in 34
NRS 202.4425. 35
(d) “Primary care” means the practice of family medicine, 36
pediatrics, internal medicine, obstetrics and gynecology and 37
midwifery. 38
(e) “Radioactive agent” has the meaning ascribed to it in 39
NRS 202.4437. 40
(f) “Weapon of mass destruction” has the meaning ascribed to it 41
in NRS 202.4445. 42
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Sec. 136. NRS 630A.110 is hereby amended to read as 1
follows: 2
630A.110 1. Two members of the Board must be persons 3
who are licensed to practice allopathic or osteopathic medicine in 4
any state or country, the District of Columbia or a territory or 5
possession of the United States, have been engaged in the practice 6
of homeopathic medicine in this State for a period of more than 2 7
years preceding their respective appointments, are actually engaged 8
in the practice of homeopathic medicine in this State and are 9
residents of this State. 10
2. One member of the Board must be an advanced practitioner 11
of homeopathy who holds a valid certificate granted by the Board 12
pursuant to NRS 630A.293. 13
3. One member of the Board must be a person who has resided 14
in this State for at least 3 years and who represents the interests of 15
persons or agencies that regularly provide health care to patients 16
who are indigent, uninsured or unable to afford health care. This 17
member may be licensed under the provisions of this chapter. 18
4. The remaining two members of the Board must be persons 19
who: 20
(a) Are not licensed in any state to practice any healing art; 21
(b) Are not the spouse or the parent or child, by blood, marriage 22
or adoption, of a person licensed in any state to practice any healing 23
art; 24
(c) Are not actively engaged in the administration of any 25
medical facility or facility for the dependent as defined in chapter 26
449 of NRS [;] or any agency to provide personal care services in 27
the home as defined in section 3 of this act; 28
(d) Do not have a pecuniary interest in any matter pertaining to 29
such a facility [,] or agency, except as a patient or potential patient; 30
and 31
(e) Have resided in this State for at least 3 years. 32
5. The members of the Board must be selected without regard 33
to their individual political beliefs. 34
6. As used in this section, “healing art” means any system, 35
treatment, operation, diagnosis, prescription or practice for the 36
ascertainment, cure, relief, palliation, adjustment or correction of 37
any human disease, ailment, deformity, injury, or unhealthy or 38
abnormal physical or mental condition for the practice of which 39
long periods of specialized education and training and a degree of 40
specialized knowledge of an intellectual as well as physical nature 41
are required. 42
Sec. 137. NRS 632.343 is hereby amended to read as follows: 43
632.343 1. The Board shall not renew any license issued 44
under this chapter until the licensee has submitted proof satisfactory 45
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to the Board of completion, during the 2-year period before renewal 1
of the license, of 30 hours in a program of continuing education 2
approved by the Board in accordance with regulations adopted by 3
the Board. Except as otherwise provided in subsection 3, the 4
licensee is exempt from this provision for the first biennial period 5
after graduation from: 6
(a) An accredited school of professional nursing; 7
(b) An accredited school of practical nursing; 8
(c) An approved school of professional nursing in the process of 9
obtaining accreditation; or 10
(d) An approved school of practical nursing in the process of 11
obtaining accreditation. 12
2. The Board shall review all courses offered to nurses for the 13
completion of the requirement set forth in subsection 1. The Board 14
may approve nursing and other courses which are directly related to 15
the practice of nursing as well as others which bear a reasonable 16
relationship to current developments in the field of nursing or any 17
special area of practice in which a licensee engages. These may 18
include academic studies, workshops, extension studies, home study 19
and other courses. 20
3. The program of continuing education required by subsection 21
1 must include: 22
(a) For a person licensed as an advanced practice registered 23
nurse: 24
(1) A course of instruction to be completed within 2 years 25
after initial licensure that provides at least 2 hours of instruction on 26
suicide prevention and awareness as described in subsection 6. 27
(2) The ability to receive credit toward the total amount of 28
continuing education required by subsection 1 for the completion of 29
a course of instruction relating to genetic counseling and genetic 30
testing. 31
(b) For each person licensed pursuant to this chapter, a course of 32
instruction, to be completed within 2 years after initial licensure, 33
relating to the medical consequences of an act of terrorism that 34
involves the use of a weapon of mass destruction. The course must 35
provide at least 4 hours of instruction that includes instruction in the 36
following subjects: 37
(1) An overview of acts of terrorism and weapons of mass 38
destruction; 39
(2) Personal protective equipment required for acts of 40
terrorism; 41
(3) Common symptoms and methods of treatment associated 42
with exposure to, or injuries caused by, chemical, biological, 43
radioactive and nuclear agents; 44
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(4) Syndromic surveillance and reporting procedures for acts 1
of terrorism that involve biological agents; and 2
(5) An overview of the information available on, and the use 3
of, the Health Alert Network. 4
(c) For each person licensed pursuant to this chapter, one or 5
more courses of instruction that provide at least 4 hours of 6
instruction relating to cultural competency and diversity, equity and 7
inclusion to be completed biennially. 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
person licensed pursuant to this chapter may need to better 26
understand, as determined by the Board. 27
(d) For a person licensed as an advanced practice registered 28
nurse, at least 2 hours of training in the screening, brief intervention 29
and referral to treatment approach to substance use disorder to be 30
completed within 2 years after initial licensure. 31
(e) For each person licensed pursuant to this chapter who 32
provides or supervises the provision of emergency medical services 33
in a hospital or primary care, at least 2 hours of training in the 34
stigma, discrimination and unrecognized bias toward persons who 35
have acquired or are at a high risk of acquiring human 36
immunodeficiency virus to be completed within 2 years after 37
beginning to provide or supervise the provision of such services or 38
care. 39
4. The Board may determine whether to include in a program 40
of continuing education courses of instruction relating to the 41
medical consequences of an act of terrorism that involves the use of 42
a weapon of mass destruction in addition to the course of instruction 43
required by paragraph (b) of subsection 3. 44
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5. The Board shall encourage each licensee who treats or cares 1
for persons who are more than 60 years of age to receive, as a 2
portion of their continuing education, education in geriatrics and 3
gerontology, including such topics as: 4
(a) The skills and knowledge that the licensee needs to address 5
aging issues; 6
(b) Approaches to providing health care to older persons, 7
including both didactic and clinical approaches; 8
(c) The biological, behavioral, social and emotional aspects of 9
the aging process; and 10
(d) The importance of maintenance of function and 11
independence for older persons. 12
6. The Board shall require each person licensed as an advanced 13
practice registered nurse to receive as a portion of his or her 14
continuing education at least 2 hours of instruction every 4 years on 15
evidence-based suicide prevention and awareness or another course 16
of instruction on suicide prevention and awareness that is approved 17
by the Board which the Board has determined to be effective and 18
appropriate. 19
7. The Board shall encourage each person licensed as an 20
advanced practice registered nurse to receive, as a portion of his or 21
her continuing education, training and education in the diagnosis of 22
rare diseases, including, without limitation: 23
(a) Recognizing the symptoms of pediatric cancer; and 24
(b) Interpreting family history to determine whether such 25
symptoms indicate a normal childhood illness or a condition that 26
requires additional examination. 27
8. As used in this section: 28
(a) “Act of terrorism” has the meaning ascribed to it in 29
NRS 202.4415. 30
(b) “Biological agent” has the meaning ascribed to it in 31
NRS 202.442. 32
(c) “Chemical agent” has the meaning ascribed to it in 33
NRS 202.4425. 34
(d) “Primary care” means the practice of family medicine, 35
pediatrics, internal medicine, obstetrics and gynecology and 36
midwifery. 37
(e) “Radioactive agent” has the meaning ascribed to it in 38
NRS 202.4437. 39
(f) “Weapon of mass destruction” has the meaning ascribed to it 40
in NRS 202.4445. 41
Sec. 138. NRS 632.472 is hereby amended to read as follows: 42
632.472 1. The following persons shall report in writing to 43
the Executive Director of the Board any conduct of a licensee or 44
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holder of a certificate which constitutes a violation of the provisions 1
of this chapter: 2
(a) Any physician, dentist, dental hygienist, expanded function 3
dental assistant, naprapath, chiropractic physician, optometrist, 4
podiatric physician, medical examiner, resident, intern, professional 5
or practical nurse, nursing assistant, medication aide - certified, 6
perfusionist, physician assistant licensed pursuant to chapter 630 or 7
633 of NRS, anesthesiologist assistant, psychiatrist, psychologist, 8
marriage and family therapist, clinical professional counselor, 9
alcohol or drug counselor, peer recovery support specialist, peer 10
recovery support specialist supervisor, music therapist, holder of a 11
license or limited license issued pursuant to chapter 653 of NRS, 12
driver of an ambulance, paramedic or other person providing 13
medical services licensed or certified to practice in this State. 14
(b) Any personnel of a medical facility or facility for the 15
dependent engaged in the admission, examination, care or treatment 16
of persons or an administrator, manager or other person in charge of 17
a medical facility or facility for the dependent upon notification by a 18
member of the staff of the facility. 19
(c) A coroner. 20
(d) Any person who maintains or is employed by an agency to 21
provide personal care services in the home. 22
(e) Any person who operates, who is employed by or who 23
contracts to provide services for an intermediary service 24
organization as defined in [NRS 449.4304.] section 59 of this act. 25
(f) Any person who maintains or is employed by an agency to 26
provide nursing in the home. 27
(g) Any employee of the Department of Health and Human 28
Services. 29
(h) Any employee of a law enforcement agency or a county’s 30
office for protective services or an adult or juvenile probation 31
officer. 32
(i) Any person who maintains or is employed by a facility or 33
establishment that provides care for older persons. 34
(j) Any person who maintains, is employed by or serves as a 35
volunteer for an agency or service which advises persons regarding 36
the abuse, neglect or exploitation of an older person and refers them 37
to persons and agencies where their requests and needs can be met. 38
(k) Any social worker. 39
(l) Any person who operates or is employed by a community 40
health worker pool or with whom a community health worker pool 41
contracts to provide the services of a community health worker, as 42
defined in NRS 449.0027. 43
2. Every physician who, as a member of the staff of a medical 44
facility or facility for the dependent, has reason to believe that a 45
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nursing assistant or medication aide - certified has engaged in 1
conduct which constitutes grounds for the denial, suspension or 2
revocation of a certificate shall notify the superintendent, manager 3
or other person in charge of the facility. The superintendent, 4
manager or other person in charge shall make a report as required in 5
subsection 1. 6
3. A report may be filed by any other person. 7
4. Any person who in good faith reports any violation of the 8
provisions of this chapter to the Executive Director of the Board 9
pursuant to this section is immune from civil liability for reporting 10
the violation. 11
5. As used in this section: 12
(a) “Agency to provide personal care services in the home” has 13
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act. 14
(b) “Community health worker pool” has the meaning ascribed 15
to it in NRS 449.0028. 16
(c) “Peer recovery support specialist” has the meaning ascribed 17
to it in NRS 433.627. 18
(d) “Peer recovery support specialist supervisor” has the 19
meaning ascribed to it in NRS 433.629. 20
Sec. 139. NRS 633.191 is hereby amended to read as follows: 21
633.191 1. Five members of the Board must: 22
(a) Be licensed under this chapter; 23
(b) Be actually engaged in the practice of osteopathic medicine 24
in this State; and 25
(c) Have been so engaged in this State for a period of more than 26
5 years preceding their appointment. 27
2. One member of the Board must be a resident of the State of 28
Nevada and must represent the interests of persons or agencies that 29
regularly provide health care to patients who are indigent, uninsured 30
or unable to afford health care. This member must not be licensed 31
under the provisions of this chapter. 32
3. The remaining member of the Board must be a resident of 33
the State of Nevada who is: 34
(a) Not licensed in any state to practice any healing art; 35
(b) Not the spouse or the parent or child, by blood, marriage or 36
adoption, of a person licensed in any state to practice any healing 37
art; and 38
(c) Not actively engaged in the administration of any medical 39
facility or facility for the dependent as defined in chapter 449 of 40
NRS [.] or any agency to provide personal care services in the 41
home as defined in section 3 of this act. 42
Sec. 140. NRS 633.471 is hereby amended to read as follows: 43
633.471 1. Except as otherwise provided in subsection 15 44
and NRS 633.491, every holder of a license, except a physician 45
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assistant or an anesthesiologist assistant, issued under this chapter, 1
except a temporary or a special license, may renew the license on or 2
before January 1 of each calendar year after its issuance by: 3
(a) Applying for renewal on forms provided by the Board; 4
(b) Paying the annual license renewal fee specified in this 5
chapter; 6
(c) Submitting a list of all actions filed or claims submitted to 7
arbitration or mediation for malpractice or negligence against the 8
holder during the previous year; 9
(d) Subject to subsection 14, submitting evidence to the Board 10
that in the year preceding the application for renewal the holder has 11
attended courses or programs of continuing education approved by 12
the Board in accordance with regulations adopted by the Board 13
totaling a number of hours established by the Board which must not 14
be less than 35 hours nor more than that set in the requirements for 15
continuing medical education of the American Osteopathic 16
Association; and 17
(e) Submitting all information required to complete the renewal. 18
2. The Secretary of the Board shall notify each licensee of the 19
requirements for renewal not less than 30 days before the date of 20
renewal. 21
3. The Board shall request submission of verified evidence of 22
completion of the required number of hours of continuing medical 23
education annually from a percentage of the applicants for renewal 24
of a license to practice osteopathic medicine or a license to practice 25
as a physician assistant or anesthesiologist assistant determined by 26
the Board. Subject to subsection 14, upon a request from the Board, 27
an applicant for renewal of a license to practice osteopathic 28
medicine or a license to practice as a physician assistant or 29
anesthesiologist assistant shall submit verified evidence satisfactory 30
to the Board that in the year preceding the application for renewal 31
the applicant attended courses or programs of continuing medical 32
education approved by the Board totaling the number of hours 33
established by the Board. 34
4. The Board shall require each holder of a license to practice 35
osteopathic medicine to complete a course of instruction within 2 36
years after initial licensure that provides at least 2 hours of 37
instruction on evidence-based suicide prevention and awareness as 38
described in subsection 9. 39
5. The Board shall encourage each holder of a license to 40
practice osteopathic medicine to receive, as a portion of his or her 41
continuing education, training concerning methods for educating 42
patients about how to effectively manage medications, including, 43
without limitation, the ability of the patient to request to have the 44
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symptom or purpose for which a drug is prescribed included on the 1
label attached to the container of the drug. 2
6. The Board shall encourage each holder of a license to 3
practice osteopathic medicine or as a physician assistant to receive, 4
as a portion of his or her continuing education, training and 5
education in the diagnosis of rare diseases, including, without 6
limitation: 7
(a) Recognizing the symptoms of pediatric cancer; and 8
(b) Interpreting family history to determine whether such 9
symptoms indicate a normal childhood illness or a condition that 10
requires additional examination. 11
7. The Board shall require, as part of the continuing education 12
requirements approved by the Board, the biennial completion by a 13
holder of a license to practice osteopathic medicine of at least 2 14
hours of continuing education credits in ethics, pain management, 15
care of persons with addictive disorders or the screening, brief 16
intervention and referral to treatment approach to substance use 17
disorder. 18
8. The continuing education requirements approved by the 19
Board must allow the holder of a license as an osteopathic 20
physician, physician assistant or anesthesiologist assistant to receive 21
credit toward the total amount of continuing education required by 22
the Board for the completion of a course of instruction relating to 23
genetic counseling and genetic testing. 24
9. The Board shall require each holder of a license to practice 25
osteopathic medicine to receive as a portion of his or her continuing 26
education at least 2 hours of instruction every 4 years on evidence-27
based suicide prevention and awareness which may include, without 28
limitation, instruction concerning: 29
(a) The skills and knowledge that the licensee needs to detect 30
behaviors that may lead to suicide, including, without limitation, 31
post-traumatic stress disorder; 32
(b) Approaches to engaging other professionals in suicide 33
intervention; and 34
(c) The detection of suicidal thoughts and ideations and the 35
prevention of suicide. 36
10. A holder of a license to practice osteopathic medicine may 37
not substitute the continuing education credits relating to suicide 38
prevention and awareness required by this section for the purposes 39
of satisfying an equivalent requirement for continuing education in 40
ethics. 41
11. The Board shall require each holder of a license to practice 42
osteopathic medicine to complete at least 2 hours of training in the 43
screening, brief intervention and referral to treatment approach to 44
substance use disorder within 2 years after initial licensure. 45
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12. The Board shall require each psychiatrist or a physician 1
assistant practicing under the supervision of a psychiatrist to 2
biennially complete one or more courses of instruction that provide 3
at least 2 hours of instruction relating to cultural competency and 4
diversity, equity and inclusion. Such instruction: 5
(a) May include the training provided pursuant to NRS 449.103 6
[,] or section 34 of this act, where applicable. 7
(b) Must be based upon a range of research from diverse 8
sources. 9
(c) Must address persons of different cultural backgrounds, 10
including, without limitation: 11
(1) Persons from various gender, racial and ethnic 12
backgrounds; 13
(2) Persons from various religious backgrounds; 14
(3) Lesbian, gay, bisexual, transgender and questioning 15
persons; 16
(4) Children and senior citizens; 17
(5) Veterans; 18
(6) Persons with a mental illness; 19
(7) Persons with an intellectual disability, developmental 20
disability or physical disability; and 21
(8) Persons who are part of any other population that a 22
psychiatrist or physician assistant practicing under the supervision 23
of a psychiatrist may need to better understand, as determined by the 24
Board. 25
13. The Board shall require each holder of a license to practice 26
osteopathic medicine or as a physician assistant who provides or 27
supervises the provision of emergency medical services in a hospital 28
or primary care to complete at least 2 hours of training in the stigma, 29
discrimination and unrecognized bias toward persons who have 30
acquired or are at a high risk of acquiring human immunodeficiency 31
virus within 2 years after beginning to provide or supervise the 32
provision of such services or care. 33
14. The Board shall not require a physician assistant to receive 34
or maintain certification by the National Commission on 35
Certification of Physician Assistants, or its successor organization, 36
or by any other nationally recognized organization for the 37
accreditation of physician assistants to satisfy any continuing 38
education requirement pursuant to paragraph (d) of subsection 1 and 39
subsection 3. 40
15. Members of the Armed Forces of the United States and the 41
United States Public Health Service are exempt from payment of the 42
annual license renewal fee during their active duty status. 43
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16. As used in this section, “primary care” means the practice 1
of family medicine, pediatrics, internal medicine, obstetrics and 2
gynecology and midwifery. 3
Sec. 141. NRS 641.220 is hereby amended to read as follows: 4
641.220 1. To renew a license issued pursuant to this chapter, 5
each person must, on or before the first day of January of each odd-6
numbered year: 7
(a) Apply to the Board for renewal; 8
(b) Pay the biennial fee for the renewal of a license; 9
(c) Submit evidence to the Board of completion of the 10
requirements for continuing education as set forth in regulations 11
adopted by the Board; and 12
(d) Submit all information required to complete the renewal. 13
2. Upon renewing his or her license, a psychologist shall 14
declare his or her areas of competence, as determined in accordance 15
with NRS 641.112. 16
3. The Board shall, as a prerequisite for the renewal of a 17
license, require each holder to comply with the requirements for 18
continuing education adopted by the Board. 19
4. The requirements for continuing education adopted by the 20
Board pursuant to subsection 3 must include, without limitation: 21
(a) A requirement that the holder of a license receive at least 2 22
hours of instruction on evidence-based suicide prevention and 23
awareness or another course of instruction on suicide prevention and 24
awareness that is approved by the Board which the Board has 25
determined to be effective and appropriate. The hours of instruction 26
required by this paragraph must be completed within 2 years after 27
initial licensure and at least every 4 years thereafter. 28
(b) A requirement that the holder of a license must biennially 29
receive at least 6 hours of instruction relating to cultural competency 30
and diversity, equity and inclusion. Such instruction: 31
(1) May include the training provided pursuant to NRS 32
449.103 [,] or section 34 of this act, where applicable. 33
(2) Must be based upon a range of research from diverse 34
sources. 35
(3) Must address persons of different cultural backgrounds, 36
including, without limitation: 37
(I) Persons from various gender, racial and ethnic 38
backgrounds; 39
(II) Persons from various religious backgrounds; 40
(III) Lesbian, gay, bisexual, transgender and questioning 41
persons; 42
(IV) Children and senior citizens; 43
(V) Veterans; 44
(VI) Persons with a mental illness; 45
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(VII) Persons with an intellectual disability, 1
developmental disability or physical disability; and 2
(VIII) Persons who are part of any other population that 3
the holder of a license may need to better understand, as determined 4
by the Board. 5
Sec. 142. NRS 641A.260 is hereby amended to read as 6
follows: 7
641A.260 1. To renew a license to practice as a marriage and 8
family therapist or clinical professional counselor issued pursuant to 9
this chapter, each person must, on or before 10 business days after 10
the date of expiration of his or her current license: 11
(a) Apply to the Board for renewal; 12
(b) Pay the fee for the biennial renewal of a license set by the 13
Board; 14
(c) Submit evidence to the Board of completion of the 15
requirements for continuing education as set forth in regulations 16
adopted by the Board, unless the Board has granted a waiver 17
pursuant to NRS 641A.265; and 18
(d) Submit all information required to complete the renewal. 19
2. Except as otherwise provided in NRS 641A.265, the Board 20
shall, as a prerequisite for the renewal of a license to practice as a 21
marriage and family therapist or clinical professional counselor, 22
require each holder to comply with the requirements for continuing 23
education adopted by the Board, which must include, without 24
limitation: 25
(a) A requirement that the holder receive at least 2 hours of 26
instruction on evidence-based suicide prevention and awareness or 27
another course of instruction on suicide prevention and awareness 28
that is approved by the Board which the Board has determined to be 29
effective and appropriate. 30
(b) A requirement that the holder receive at least 6 hours of 31
instruction relating to cultural competency and diversity, equity and 32
inclusion. Such instruction: 33
(1) May include the training provided pursuant to NRS 34
449.103 [,] or section 34 of this act, where applicable. 35
(2) Must be based upon a range of research from diverse 36
sources. 37
(3) Must address persons of different cultural backgrounds, 38
including, without limitation: 39
(I) Persons from various gender, racial and ethnic 40
backgrounds; 41
(II) Persons from various religious backgrounds; 42
(III) Lesbian, gay, bisexual, transgender and questioning 43
persons; 44
(IV) Children and senior citizens; 45
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(V) Veterans; 1
(VI) Persons with a mental illness; 2
(VII) Persons with an intellectual disability, 3
developmental disability or physical disability; and 4
(VIII) Persons who are part of any other population that a 5
marriage and family therapist or clinical professional counselor may 6
need to better understand, as determined by the Board. 7
Sec. 143. NRS 641B.280 is hereby amended to read as 8
follows: 9
641B.280 1. Every holder of a license issued pursuant to this 10
chapter may renew his or her license annually by: 11
(a) Applying to the Board for renewal; 12
(b) Paying the annual renewal fee set by the Board; 13
(c) Except as otherwise provided in NRS 641B.295, submitting 14
evidence to the Board of completion of the required continuing 15
education as set forth in regulations adopted by the Board; and 16
(d) Submitting all information required to complete the renewal. 17
2. Except as otherwise provided in NRS 641B.295, the Board 18
shall, as a prerequisite for the renewal of a license, require the 19
holder to comply with the requirements for continuing education 20
adopted by the Board, which must include, without limitation: 21
(a) A requirement that every 2 years the holder receive at least 2 22
hours of instruction on evidence-based suicide prevention and 23
awareness or another course of instruction on suicide prevention and 24
awareness that is approved by the Board which the Board has 25
determined to be effective and appropriate. 26
(b) A requirement that every 2 years the holder receive at least 6 27
hours of instruction relating to cultural competency and diversity, 28
equity and inclusion. Such instruction: 29
(1) May include the training provided pursuant to NRS 30
449.103 [,] or section 34 of this act, where applicable. 31
(2) Must be based upon a range of research from diverse 32
sources. 33
(3) Must address persons of different cultural backgrounds, 34
including, without limitation: 35
(I) Persons from various gender, racial and ethnic 36
backgrounds; 37
(II) Persons from various religious backgrounds; 38
(III) Lesbian, gay, bisexual, transgender and questioning 39
persons; 40
(IV) Children and senior citizens; 41
(V) Veterans; 42
(VI) Persons with a mental illness; 43
(VII) Persons with an intellectual disability, 44
developmental disability or physical disability; and 45
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(VIII) Persons who are part of any other population that 1
the holder of a license issued pursuant to this chapter may need to 2
better understand, as determined by the Board. 3
Sec. 144. NRS 641C.450 is hereby amended to read as 4
follows: 5
641C.450 Except as otherwise provided in NRS 641C.310, 6
641C.320, 641C.440 and 641C.530, a person may renew his or her 7
license or certificate by submitting to the Board: 8
1. An application for the renewal of the license or certificate. 9
2. The fee for the renewal of a license or certificate prescribed 10
in NRS 641C.470. 11
3. Evidence of completion of the continuing education required 12
by the Board, which must include, without limitation: 13
(a) A requirement that the applicant receive at least 1 hour of 14
instruction on evidence-based suicide prevention and awareness or 15
another course of instruction on suicide prevention and awareness 16
that is approved by the Board which the Board has determined to be 17
effective and appropriate for each year of the term of the applicant’s 18
licensure or certification. 19
(b) A requirement that the applicant receive at least 3 hours of 20
instruction relating to cultural competency and diversity, equity and 21
inclusion for each year of the term of the applicant’s licensure or 22
certification. Such instruction: 23
(1) May include the training provided pursuant to NRS 24
449.103 [,] or section 34 of this act, where applicable. 25
(2) Must be based upon a range of research from diverse 26
sources. 27
(3) Must address persons of different cultural backgrounds, 28
including, without limitation: 29
(I) Persons from various gender, racial and ethnic 30
backgrounds; 31
(II) Persons from various religious backgrounds; 32
(III) Lesbian, gay, bisexual, transgender and questioning 33
persons; 34
(IV) Children and senior citizens; 35
(V) Veterans; 36
(VI) Persons with a mental illness; 37
(VII) Persons with an intellectual disability, 38
developmental disability or physical disability; and 39
(VIII) Persons who are part of any other population that 40
the holder of a license or certificate may need to better understand, 41
as determined by the Board. 42
4. If the applicant is a certified intern, the name of the licensed 43
or certified counselor who supervises the applicant. 44
5. All information required to complete the renewal. 45
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Sec. 145. NRS 641D.360 is hereby amended to read as 1
follows: 2
641D.360 1. To renew a license as a behavior analyst or 3
assistant behavior analyst or registration as a registered behavior 4
technician, each person must, on or before the first day of January of 5
each odd-numbered year: 6
(a) Apply to the Board for renewal; 7
(b) Pay the biennial fee for the renewal of a license or 8
registration; 9
(c) Submit evidence to the Board: 10
(1) Of completion of the requirements for continuing 11
education as set forth in regulations adopted by the Board, if 12
applicable; and 13
(2) That the person’s certification or registration, as 14
applicable, by the Behavior Analyst Certification Board, Inc., or its 15
successor organization, remains valid and the holder remains in 16
good standing; and 17
(d) Submit all information required to complete the renewal. 18
2. In addition to the requirements of subsection 1, to renew 19
registration as a registered behavior technician for the third time and 20
every third renewal thereafter, a person must submit to an 21
investigation of his or her criminal history in the manner prescribed 22
in paragraph (b) of subsection 1 of NRS 641D.300. 23
3. The Board shall adopt regulations that require, as a 24
prerequisite for the renewal of a license as a behavior analyst or 25
assistant behavior analyst, each holder to complete continuing 26
education, which must: 27
(a) Be consistent with nationally recognized standards for the 28
continuing education of behavior analysts or assistant behavior 29
analysts, as applicable. 30
(b) Include, without limitation, a requirement that the holder of a 31
license receive at least 2 hours of instruction on evidence-based 32
suicide prevention and awareness. 33
(c) Include, without limitation, a requirement that the holder of a 34
license as a behavior analyst receive at least 6 hours of instruction 35
relating to cultural competency and diversity, equity and inclusion. 36
Such instruction: 37
(1) May include the training provided pursuant to NRS 38
449.103 [,] or section 34 of this act, where applicable. 39
(2) Must be based upon a range of research from diverse 40
sources. 41
(3) Must address persons of different cultural backgrounds, 42
including, without limitation: 43
(I) Persons from various gender, racial and ethnic 44
backgrounds; 45
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(II) Persons from various religious backgrounds; 1
(III) Lesbian, gay, bisexual, transgender and questioning 2
persons; 3
(IV) Children and senior citizens; 4
(V) Veterans; 5
(VI) Persons with a mental illness; 6
(VII) Persons with an intellectual disability, 7
developmental disability or physical disability; and 8
(VIII) Persons who are part of any other population that a 9
behavior analyst may need to better understand, as determined by 10
the Board. 11
4. The Board shall not adopt regulations requiring a registered 12
behavior technician to receive continuing education. 13
Sec. 146. NRS 652.074 is hereby amended to read as follows: 14
652.074 The provisions of this chapter do not apply to any: 15
1. Test or examination conducted by a law enforcement officer 16
or agency; 17
2. Test or examination required by a court as a part of or in 18
addition to a program of treatment and rehabilitation pursuant to 19
NRS 176A.230; or 20
3. Task performed in accordance with the regulations adopted 21
by the Board pursuant to NRS 449.0304 or [449.4309.] section 14 22
or 61 of this act. 23
Sec. 147. 1. The provisions of NAC 449.395 to 449.39561, 24
inclusive, 449.396 to 449.3982, inclusive, and 449.870 to 449.882, 25
inclusive, shall be deemed to have been adopted pursuant to section 26
9, 13, 14, 48, 60, 61, 63, 66, 72, 73, 75, 77, 79, 81, 83, 86, 87 or 88 27
of this act, as applicable, and continue in effect until amended or 28
repealed. The Legislative Counsel shall, in preparing supplements to 29
the Nevada Administrative Code, move the regulations described in 30
this subsection from chapter 449 of the Nevada Administrative Code 31
to a new chapter of the Nevada Administrative Code that 32
corresponds with the chapter of the Nevada Revised Statutes 33
consisting of sections 2 to 90, inclusive, of this act. 34
2. As soon as practicable after the effective date of this act, the 35
State Board of Health shall adopt regulations to replace any 36
regulations adopted by the State Board of Health that have been 37
codified in chapter 449 of the Nevada Administrative Code and 38
apply to agencies to provide personal care services in the home, 39
employment agencies to provide nonmedical services or 40
intermediary service organizations, other than the regulations 41
described in subsection 1. The existing regulations described in this 42
section continue to apply to those entities until the effective date of 43
the regulations adopted pursuant to this section. 44
3. As used in this section: 45
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(a) “Agency to provide personal care services in the home” has 1
the meaning ascribed to it in section 3 of this act. 2
(b) “Employment agency” means an employment agency 3
licensed pursuant to section 9 of this act. 4
(c) “Intermediary service organization” has the meaning 5
ascribed to it in section 59 of this act. 6
Sec. 148. 1. A license to operate an agency to provide 7
personal care services in the home issued pursuant to NRS 449.080, 8
a license to operate an employment agency that contracts with 9
persons in this State to provide nonmedical services related to 10
personal care to elderly persons or persons with disabilities in the 11
home issued by the State Board of Health pursuant to NRS 12
449.03005 or a certificate to operate an intermediary service 13
organization issued by the Division pursuant to NRS 449.4317 that 14
is valid on the effective date of this act, remains valid until its date 15
of expiration, if the holder of the license or certificate otherwise 16
remains qualified for the issuance or renewal of the license or 17
certificate on or after the effective date of this act. 18
2. Any valid training completed on or before the effective date 19
of this act, by an operator, employee or contractor of an agency to 20
provide personal care services in the home, an employment agency 21
to provide nonmedical services or an intermediary service 22
organization, an applicant for a license or certificate to operate such 23
an agency or organization pursuant to NRS 449.03005, 449.0304, 24
449.0925, 449.093, 449.103, 449.194 or 449.4309 or a caregiver 25
chosen by a recipient of Medicaid pursuant to NRS 422.3965 26
remains valid for the purposes for which it was completed. 27
3. Any disciplinary or other administrative action taken by the 28
Division against an agency to provide personal care services in the 29
home, employment agency that contracts with persons in this State 30
to provide nonmedical services or intermediary service organization 31
that is effective on the effective date of this act, remains in effect 32
after that date until the expiration of the action. 33
4. As used in this section: 34
(a) “Agency to provide personal care services in the home” has 35
the meaning ascribed to it in section 3 of this act. 36
(b) “Division” means Division of Public and Behavioral Health 37
of the Department of Health and Human Services. 38
(c) “Employment agency to provide nonmedical services” 39
means an employment agency licensed pursuant to section 9 of this 40
act. 41
(d) “Intermediary service organization” has the meaning 42
ascribed to it in section 59 of this act. 43
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Sec. 149. The provisions of subsection 1 of NRS 218D.380 do 1
not apply to any provision of this act which adds or revises a 2
requirement to submit a report to the Legislature. 3
Sec. 150. NRS 449.0021, 449.00325, 449.01517, 449.03005, 4
449.03017, 449.1935, 449.4304, 449.4308, 449.4309, 449.431, 5
449.4311, 449.4312, 449.4313, 449.4314, 449.4315, 449.4316, 6
449.4317, 449.4318, 449.4319, 449.432, 449.4321, 449.4322, 7
449.4324, 449.4325, 449.4327, 449.4329, 449.43295, 449.433, 8
449.4331, 449.4332, 449.4335, 449.4336, 449.4337, 449.4338 and 9
449.4339 are hereby repealed. 10
Sec. 151. 1. This act becomes effective upon passage and 11
approval. 12
2. Sections 20, 21, 50, 64, 65 and 76 of this act expire by 13
limitation on the date of the repeal of the provisions of 42 U.S.C. § 14
666 requiring each state to establish procedures under which the 15
state has authority to withhold or suspend, or to restrict the use of 16
professional, occupational and recreational licenses of persons who: 17
(a) Have failed to comply with a subpoena or warrant relating to 18
a proceeding to determine the paternity of a child or to establish or 19
enforce an obligation for the support of a child; or 20
(b) Are in arrears in the payment for the support of one or more 21
children. 22
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.
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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.
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.
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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