S.B. 188
- *SB188*
SENATE BILL NO. 188–SENATOR DOÑATE
PREFILED FEBRUARY 3, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Establishes procedures to assist certain persons with
limited English proficiency in accessing health care
in certain circumstances. (BDR 40-41)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
CONTAINS UNFUNDED MANDATE (§§ 2-8, 15-20)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to health care; requiring certain health facilities
and providers of health care to take reasonable steps to
provide a person with limited English proficiency with
language assistance under certain circumstances;
prescribing requirements governing the use of interpreters
and translators to comply with that requirement;
authorizing the discipline of certain health facilities and
providers of health care for certain violations; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing federal regulations require certain health care entities to take 1
reasonable steps to provide meaningful access to persons with limited English 2
proficiency who are eligible to be served or likely to be directly affected by a health 3
program or activity of the entity. (45 C.F.R. § 92.201(a)) The Director of the Office 4
for Civil Rights of the United States Department of Health and Human Services has 5
provided additional guidance by defining meaningful access to mean ensuring that 6
language barriers do not prevent a person from obtaining necessary health services 7
and care. (Melanie Fontes Rainer, Director, Office for Civil Rights U.S. Dep’t. of 8
Health and Human Services (Dec. 5, 2024), Dear Colleague Letter Regarding 9
Language Access Provisions of the Final Rule Implementing Section 1557 of the 10
Affordable Care Act, retrieved from http://www.hhs.gov/sites/default/files/ocr-dcl-11
section-1557-language-access.pdf) Existing federal regulations prescribe various 12
requirements and procedures governing the use of interpreters and translators to 13
comply with those requirements. (45 C.F.R. § 92.201) 14
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Sections 5-8 and 16-20 of this bill codify similar provisions into state law, 15
thereby requiring health facilities and providers of health care to take reasonable 16
steps to ensure that language barriers do not prevent a person with limited English 17
proficiency from obtaining necessary access to health care. Sections 5, 16 and 20 18
prescribe certain factors for determining whether an action is necessary for a health 19
facility or provider of health care to be in compliance with that requirement. 20
Sections 5 and 16 require that a service to provide language assistance be available 21
free of charge, be accurate in translation or interpretation be provided in a timely 22
manner and protect the ability of the person with limited English proficiency to 23
make independent decisions. Sections 5 and 16 require that a qualified translator 24
review a machine-translated document under certain circumstances. 25
Sections 5 and 16 require a health facility or provider of health care to use a 26
qualified interpreter or translator to provide interpreting or translating services, and 27
sections 8 and 19 establish the qualifications to serve as an interpreter or translator. 28
Sections 6 and 17 prohibit the use of an unqualified interpreter, except in certain 29
circumstances. Sections 6 and 17 also prohibit a health facility or provider of 30
health care from requiring a person with limited English proficiency to provide his 31
or her own interpreter or pay the cost of an interpreter. Sections 7 and 18 prescribe 32
requirements governing the use of a remote interpreter. Sections 3, 4 and 15 of this 33
bill define certain terms, and section 2 of this bill establishes the applicability of the 34
definitions set forth in sections 3 and 4. Sections 9 and 10 of this bill make 35
conforming changes to establish the applicability of certain provisions. Sections 36
11-13, 20 and 21 of this bill prescribe various mechanisms for the enforcement of 37
sections 5-8 and 16-19, including the imposition of administrative sanctions 38
against a health facility that fails to comply with those provisions and professional 39
discipline against a provider of health care who fails to comply with those 40
provisions. 41
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 449 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 8, inclusive, of this 2
act. 3
Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless 4
the context otherwise requires, the words and terms defined in 5
sections 3 and 4 of this act have the definitions ascribed to them in 6
those sections. 7
Sec. 3. “Health facility” means a medical facility, a facility 8
for the dependent or a facility which is required by the regulations 9
adopted by the Board pursuant to NRS 449.0303 to be licensed. 10
Sec. 4. “Person with limited English proficiency” means a 11
person who speaks a language other than English and who cannot 12
readily understand or communicate in the English language. 13
Sec. 5. 1. A health facility shall take reasonable steps to 14
ensure that language barriers do not prevent a person with limited 15
English proficiency from obtaining necessary health care. 16
2. In determining whether a particular action is necessary to 17
comply with subsection 1, a health facility shall, and in 18
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determining whether a health facility is in compliance with 1
subsection 1, the Division shall: 2
(a) Evaluate, and give substantial weight to, the nature and 3
importance of the services or programs provided by the health 4
facility and the relevant communications to the person with 5
limited English proficiency; and 6
(b) Consider any other relevant factors, including, without 7
limitation, the effectiveness of any procedure for providing 8
language access through written documents. 9
3. A service to provide language assistance to ensure 10
compliance with subsection 1 must: 11
(a) Be provided free of charge to the person with limited 12
English proficiency; 13
(b) Be accurate in translation or interpretation and provided 14
within a timely manner; and 15
(c) Protect the privacy and ability of the person with limited 16
English proficiency to make independent decisions. 17
4. Except as otherwise provided in section 6 of this act, if a 18
health facility determines pursuant to subsection 2 that 19
interpretation services or translation services are necessary to 20
ensure compliance with subsection 1, the health facility shall 21
utilize an interpreter or translator who is qualified pursuant to 22
section 8 of this act to provide those services. 23
5. A health facility shall ensure that a translator who is 24
qualified pursuant to section 8 of this act reviews a machine-25
translated document if the document: 26
(a) Relates to the rights of a person with limited English 27
proficiency, the goods or services provided by the health facility or 28
the ability of a person with limited English proficiency to obtain 29
necessary health care; 30
(b) Must be accurately translated to ensure compliance with 31
subsection 1 or protect the health and wellbeing of a person with 32
limited English proficiency; or 33
(c) Is complex, nonliteral or technical. 34
Sec. 6. 1. A health facility shall not: 35
(a) Require a person with limited English proficiency to 36
provide his or her own interpreter or pay the cost of an interpreter; 37
(b) Utilize an adult who is not qualified as an interpreter 38
pursuant to section 8 of this act to interpret or facilitate 39
communication for a person with limited English proficiency 40
except where authorized pursuant to subsection 2 or 3; 41
(c) Utilize a child less than 18 years of age to interpret or 42
facilitate communication for a person with limited English 43
proficiency except where authorized pursuant to subsection 2; or 44
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(d) Utilize an employee, a contractor or a volunteer of the 1
health facility who is not an interpreter or a translator qualified 2
pursuant to section 8 of this act to interpret or facilitate 3
communication for a person with limited English proficiency. 4
2. A health facility may utilize an adult who is not qualified 5
as an interpreter pursuant to section 8 of this act or a person 6
under 18 years of age to interpret or facilitate communication for 7
a person with limited English proficiency on a temporary, 8
emergency basis if: 9
(a) There is an imminent threat to the safety or welfare of any 10
person or the public; 11
(b) An interpreter who is qualified pursuant to section 8 of this 12
act is not immediately available; 13
(c) The health facility is attempting to find an interpreter who 14
is qualified pursuant to section 8 of this act; and 15
(d) An interpreter who is qualified pursuant to section 8 of this 16
act later confirms or supplements the initial communications with 17
the interpreter utilized pursuant to this section. 18
3. A health facility may utilize an adult who is not qualified 19
as an interpreter pursuant to section 8 of this act to interpret or 20
facilitate communication for a person with limited English 21
proficiency if the person with limited English proficiency requests 22
for the adult to interpret or facilitate communication for him or 23
her. Such a request must be: 24
(a) Made to an interpreter who is qualified pursuant to section 25
8 of this act without the adult present; 26
(b) Agreed to by the adult; 27
(c) Documented in the record of the person with limited 28
English proficiency; and 29
(d) Deemed appropriate under the circumstances by the person 30
providing the program or service on behalf of the health facility. 31
Sec. 7. 1. A health facility may use a remote interpreter to 32
provide interpreting services necessary to comply with section 5 of 33
this act if the health facility utilizes audio-visual communication 34
technology or audio communication technology that includes, 35
without limitation, synchronous interaction with audio and, if 36
applicable, video over a high-speed, wide-bandwidth connection or 37
wireless connection that: 38
(a) Does not produce lag or irregular pauses in 39
communication or, if applicable, images; 40
(b) Provides transmission of voice that is clear and audible; 41
and 42
(c) If applicable, produces a high-quality video image that is 43
not blurry or grainy and is large enough to display the face of the 44
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interpreter and person with limited English proficiency, regardless 1
of body position. 2
2. A health facility shall provide training to an employee, a 3
contractor or a volunteer who is involved in using audio-visual 4
communication technology or audio communication technology to 5
facilitate the use of a remote interpreter. Such training must be 6
adequate to ensure that the employee, contractor or volunteer 7
operates the technology efficiently and effectively. 8
Sec. 8. An interpreter or translator is qualified to provide 9
interpretation or translation services pursuant to sections 2 to 8, 10
inclusive, of this act if the interpreter or translator: 11
1. Has demonstrated proficiency in and understanding of 12
spoken or written, as applicable: 13
(a) English and at least one other language; or 14
(b) At least two languages that are not English if he or she is a 15
relay interpreter or translator; 16
2. Has demonstrated proficiency in interpreting or 17
translating, as applicable, effectively, accurately and impartially, 18
including, without limitation: 19
(a) Using specialized vocabulary or terms without change, 20
omission or addition; and 21
(b) Preserving tone, sentiment and emotion of the original 22
statement; and 23
3. Adheres to generally accepted ethics for interpreters or 24
translators, as applicable, including, without limitation, 25
confidentiality of client communications. 26
Sec. 9. NRS 449.029 is hereby amended to read as follows: 27
449.029 As used in NRS 449.029 to 449.240, inclusive, and 28
sections 2 to 8, inclusive, of this act, unless the context otherwise 29
requires, “medical facility” has the meaning ascribed to it in NRS 30
449.0151 and includes a program of hospice care described in 31
NRS 449.196. 32
Sec. 10. NRS 449.0301 is hereby amended to read as follows: 33
449.0301 The provisions of NRS 449.029 to 449.2428, 34
inclusive, and sections 2 to 8, inclusive, of this act do not apply to: 35
1. Any facility conducted by and for the adherents of any 36
church or religious denomination for the purpose of providing 37
facilities for the care and treatment of the sick who depend solely 38
upon spiritual means through prayer for healing in the practice of 39
the religion of the church or denomination, except that such a 40
facility shall comply with all regulations relative to sanitation and 41
safety applicable to other facilities of a similar category. 42
2. Foster homes as defined in NRS 424.014. 43
3. Any medical facility, facility for the dependent or facility 44
which is otherwise required by the regulations adopted by the Board 45
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pursuant to NRS 449.0303 to be licensed that is operated and 1
maintained by the United States Government or an agency thereof. 2
Sec. 11. NRS 449.160 is hereby amended to read as follows: 3
449.160 1. The Division may deny an application for a 4
license or may suspend or revoke any license issued under the 5
provisions of NRS 449.029 to 449.2428, inclusive, and sections 2 to 6
8, inclusive, of this act upon any of the following grounds: 7
(a) Violation by the applicant or the licensee of any of the 8
provisions of NRS 439B.410, 449.029 to 449.245, inclusive, and 9
sections 2 to 8, inclusive, of this act, or 449A.100 to 449A.124, 10
inclusive, and 449A.270 to 449A.286, inclusive, or of any other law 11
of this State or of the standards, rules and regulations adopted 12
thereunder. 13
(b) Aiding, abetting or permitting the commission of any illegal 14
act. 15
(c) Conduct inimical to the public health, morals, welfare and 16
safety of the people of the State of Nevada in the maintenance and 17
operation of the premises for which a license is issued. 18
(d) Conduct or practice detrimental to the health or safety of the 19
occupants or employees of the facility. 20
(e) Failure of the applicant to obtain written approval from the 21
Director of the Department of Health and Human Services as 22
required by NRS 439A.100 or 439A.102 or as provided in any 23
regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, 24
and sections 2 to 8, inclusive, of this act and 449.435 to 449.531, 25
inclusive, and chapter 449A of NRS if such approval is required, 26
including, without limitation, the closure or conversion of any 27
hospital in a county whose population is 100,000 or more that is 28
owned by the licensee without approval pursuant to NRS 439A.102. 29
(f) Failure to comply with the provisions of NRS 441A.315 and 30
any regulations adopted pursuant thereto or NRS 449.2486. 31
(g) Violation of the provisions of NRS 458.112. 32
(h) Failure to comply with the provisions of NRS 449A.170 to 33
449A.192, inclusive, and any regulation adopted pursuant thereto. 34
(i) Violation of the provisions of NRS 629.260. 35
2. In addition to the provisions of subsection 1, the Division 36
may revoke a license to operate a facility for the dependent if, with 37
respect to that facility, the licensee that operates the facility, or an 38
agent or employee of the licensee: 39
(a) Is convicted of violating any of the provisions of 40
NRS 202.470; 41
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 42
244.360, 244.3603 or 268.4124; or 43
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(c) Is ordered by the appropriate governmental agency to correct 1
a violation of a building, safety or health code or regulation but fails 2
to correct the violation. 3
3. The Division shall maintain a log of any complaints that it 4
receives relating to activities for which the Division may revoke the 5
license to operate a facility for the dependent pursuant to subsection 6
2. The Division shall provide to a facility for the care of adults 7
during the day: 8
(a) A summary of a complaint against the facility if the 9
investigation of the complaint by the Division either substantiates 10
the complaint or is inconclusive; 11
(b) A report of any investigation conducted with respect to the 12
complaint; and 13
(c) A report of any disciplinary action taken against the facility. 14
The facility shall make the information available to the public 15
pursuant to NRS 449.2486. 16
4. On or before February 1 of each odd-numbered year, the 17
Division shall submit to the Director of the Legislative Counsel 18
Bureau a written report setting forth, for the previous biennium: 19
(a) Any complaints included in the log maintained by the 20
Division pursuant to subsection 3; and 21
(b) Any disciplinary actions taken by the Division pursuant to 22
subsection 2. 23
Sec. 12. NRS 449.163 is hereby amended to read as follows: 24
449.163 1. In addition to the payment of the amount required 25
by NRS 449.0308, if a medical facility, facility for the dependent or 26
facility which is required by the regulations adopted by the Board 27
pursuant to NRS 449.0303 to be licensed violates any provision 28
related to its licensure, including any provision of NRS 439B.410 or 29
449.029 to 449.2428, inclusive, and sections 2 to 8, inclusive, of 30
this act or any condition, standard or regulation adopted by the 31
Board, the Division, in accordance with the regulations adopted 32
pursuant to NRS 449.165, may: 33
(a) Prohibit the facility from admitting any patient until it 34
determines that the facility has corrected the violation; 35
(b) Limit the occupancy of the facility to the number of beds 36
occupied when the violation occurred, until it determines that the 37
facility has corrected the violation; 38
(c) If the license of the facility limits the occupancy of the 39
facility and the facility has exceeded the approved occupancy, 40
require the facility, at its own expense, to move patients to another 41
facility that is licensed; 42
(d) Except where a greater penalty is authorized by subsection 2, 43
impose an administrative penalty of not more than $5,000 per day 44
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for each violation, together with interest thereon at a rate not to 1
exceed 10 percent per annum; and 2
(e) Appoint temporary management to oversee the operation of 3
the facility and to ensure the health and safety of the patients of the 4
facility, until: 5
(1) It determines that the facility has corrected the violation 6
and has management which is capable of ensuring continued 7
compliance with the applicable statutes, conditions, standards and 8
regulations; or 9
(2) Improvements are made to correct the violation. 10
2. If an off-campus location of a hospital fails to obtain a 11
national provider identifier that is distinct from the national provider 12
identifier used by the main campus and any other off-campus 13
location of the hospital in violation of NRS 449.1818, the Division 14
may impose against the hospital an administrative penalty of not 15
more than $10,000 for each day of such failure, together with 16
interest thereon at a rate not to exceed 10 percent per annum, in 17
addition to any other action authorized by this chapter. 18
3. If the facility fails to pay any administrative penalty imposed 19
pursuant to paragraph (d) of subsection 1 or subsection 2, the 20
Division may: 21
(a) Suspend the license of the facility until the administrative 22
penalty is paid; and 23
(b) Collect court costs, reasonable attorney’s fees and other 24
costs incurred to collect the administrative penalty. 25
4. The Division may require any facility that violates any 26
provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and 27
sections 2 to 8, inclusive, of this act or any condition, standard or 28
regulation adopted by the Board to make any improvements 29
necessary to correct the violation. 30
5. Any money collected as administrative penalties pursuant to 31
paragraph (d) of subsection 1 or subsection 2 must be accounted for 32
separately and used to administer and carry out the provisions of 33
NRS 449.001 to 449.430, inclusive, and sections 2 to 8, inclusive, 34
of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS 35
to protect the health, safety, well-being and property of the patients 36
and residents of facilities in accordance with applicable state and 37
federal standards or for any other purpose authorized by the 38
Legislature. 39
Sec. 13. NRS 449.240 is hereby amended to read as follows: 40
449.240 The district attorney of the county in which the facility 41
is located shall, upon application by the Division, institute and 42
conduct the prosecution of any action for violation of any provisions 43
of NRS 449.029 to 449.245, inclusive [.] , and sections 2 to 8, 44
inclusive, of this act. 45
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Sec. 14. Chapter 629 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 15 to 20, inclusive, of this 2
act. 3
Sec. 15. As used in sections 15 to 20, inclusive, of this act, 4
unless the context otherwise requires, “person with limited 5
English proficiency” has the meaning ascribed to it in section 4 of 6
this act. 7
Sec. 16. 1. A provider of health care shall take reasonable 8
steps to ensure that language barriers do not prevent a person with 9
limited English proficiency from obtaining necessary health care. 10
2. In determining whether a particular action is necessary to 11
comply with subsection 1, a provider of health care shall: 12
(a) Evaluate, and give substantial weight to, the nature and 13
importance of the services or programs provided by the provider of 14
health care and the relevant communications to the person with 15
limited English proficiency; and 16
(b) Consider any other relevant factors, including, without 17
limitation, the effectiveness of any procedure for providing 18
language access through written documents. 19
3. A service to provide language assistance to ensure 20
compliance with subsection 1 must: 21
(a) Be provided free of charge to the person with limited 22
English proficiency; 23
(b) Be accurate in translation or interpretation and provided 24
within a timely manner; and 25
(c) Protect the privacy and ability of the person with limited 26
English proficiency to make independent decisions. 27
4. Except as otherwise provided in section 17 of this act, a 28
provider of health care determines pursuant to subsection 2 that 29
interpretation services or translation services are necessary to 30
ensure compliance with subsection 1, the provider of health care 31
shall use an interpreter or translator who is qualified pursuant to 32
section 19 of this act. 33
5. A provider of health care shall ensure that a machine-34
translated document is reviewed by a translator who is qualified 35
pursuant to section 19 of this act if the document: 36
(a) Relates to the rights of a person with limited English 37
proficiency, the goods or services provided by the provider of 38
health care or the ability of a person with limited English 39
proficiency to obtain necessary health care; 40
(b) Must be accurately translated to ensure compliance with 41
subsection 1 or protect the health and wellbeing of a person with 42
limited English proficiency; or 43
(c) Is complex, nonliteral or technical. 44
Sec. 17. 1. A provider of health care shall not: 45
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(a) Require a person with limited English proficiency to 1
provide his or her own interpreter or pay the cost of an interpreter; 2
(b) Utilize an adult who is not qualified as an interpreter 3
pursuant to section 19 of this act to interpret or facilitate 4
communication for a person with limited English proficiency 5
except where authorized pursuant to subsection 2 or 3; 6
(c) Utilize a child less than 18 years of age to interpret or 7
facilitate communication for a person with limited English 8
proficiency except where authorized pursuant to subsection 2; or 9
(d) Utilize a person under the supervision of the provider of 10
health care who is not an interpreter or a translator qualified 11
pursuant to section 19 of this act to interpret or facilitate 12
communication for a person with limited English proficiency. 13
2. A provider of health care may utilize an adult who is not 14
qualified as an interpreter pursuant to section 19 of this act or a 15
person under 18 years of age to interpret or facilitate 16
communication for a person with limited English proficiency on a 17
temporary, emergency basis if: 18
(a) There is an imminent threat to the safety or welfare of any 19
person or the public; 20
(b) An interpreter who is qualified pursuant to section 19 of 21
this act is not immediately available; 22
(c) The provider of health care is attempting to find an 23
interpreter who is qualified pursuant to section 19 of this act; and 24
(d) An interpreter who is qualified pursuant to section 19 of 25
this act later confirms or supplements the initial communications 26
with the interpreter utilized pursuant to this section. 27
3. A provider of health care may utilize an adult who is not 28
qualified as an interpreter pursuant to section 19 of this act to 29
interpret or facilitate communication for a person with limited 30
English proficiency if the person with limited English proficiency 31
requests for the adult to interpret or facilitate communication for 32
him or her. Such a request must be: 33
(a) Made to an interpreter who is qualified pursuant to section 34
19 of this act without the adult present; 35
(b) Agreed to by the adult; 36
(c) Documented in the record of the person with limited 37
English proficiency; and 38
(d) Deemed appropriate under the circumstances by the 39
provider of health care. 40
Sec. 18. 1. A provider of health care may use a remote 41
interpreter to provide interpreting services necessary to comply 42
with section 16 of this act if the provider of health care utilizes 43
audio-visual communication technology or audio communication 44
technology that includes, without limitation, synchronous 45
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interaction with audio and, if applicable, video over a high-speed, 1
wide-bandwidth connection or wireless connection that: 2
(a) Does not produce lag or irregular pauses in 3
communication or, if applicable, images; 4
(b) Provides transmission of voice that is clear and audible; 5
and 6
(c) If applicable, produces a high-quality video image that is 7
not blurry or grainy and is large enough to display the face of the 8
interpreter and person with limited English proficiency, regardless 9
of body position. 10
2. A provider of health care shall provide training to a person 11
he or she supervises who is involved in using audio-visual 12
communication technology or audio communication technology to 13
facilitate the use of a remote interpreter. Such training must be 14
adequate to ensure that the person operates the technology 15
efficiently and effectively. 16
Sec. 19. An interpreter or translator is qualified to provide 17
interpretation or translation services pursuant to sections 15 to 20, 18
inclusive, of this act if the interpreter or translator: 19
1. Has demonstrated proficiency in and understanding of 20
spoken or written, as applicable: 21
(a) English and at least one other language; or 22
(b) At least two languages that are not English if he or she is a 23
relay interpreter or translator; 24
2. Has demonstrated proficiency in interpreting or 25
translating, as applicable, effectively, accurately and impartially, 26
including, without limitation: 27
(a) Using specialized vocabulary or terms without change, 28
omission or addition; and 29
(b) Preserving tone, sentiment and emotion of the original 30
statement; and 31
3. Adheres to generally accepted ethics for interpreters or 32
translators, as applicable, including, without limitation, 33
confidentiality of client communications. 34
Sec. 20. 1. A provider of health care who violates any 35
provision of sections 15 to 20, inclusive, of this act is guilty of 36
unprofessional conduct and is subject to disciplinary action by the 37
board, agency or other entity in this State by which he or she is 38
licensed, certified or regulated. 39
2. The board, agency or other entity in this State by which a 40
provider of health care is licensed, certified or regulated shall 41
determine if the provider of health care is in compliance with 42
sections 15 to 20, inclusive, of this act using the factors listed in 43
subsection 2 of section 16 of this act. 44
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Sec. 21. NRS 654.190 is hereby amended to read as follows: 1
654.190 1. The Board may, after notice and an opportunity 2
for a hearing as required by law, impose an administrative fine of 3
not more than $10,000 for each violation on, recover reasonable 4
investigative fees and costs incurred from, suspend, revoke, deny 5
the issuance or renewal of or place conditions on the license of, and 6
place on probation or impose any combination of the foregoing on 7
any licensee who: 8
(a) Is convicted of a felony relating to the practice of 9
administering a facility for skilled nursing or facility for 10
intermediate care or residential facility for groups or of any offense 11
involving moral turpitude. 12
(b) Has obtained his or her license by the use of fraud or deceit. 13
(c) Violates any of the provisions of this chapter. 14
(d) Aids or abets any person in the violation of any of the 15
provisions of NRS 449.029 to 449.2428, inclusive, and sections 2 to 16
8, inclusive, of this act or 449A.100 to 449A.124, inclusive, and 17
449A.270 to 449A.286, inclusive, as those provisions pertain to a 18
facility for skilled nursing, facility for intermediate care or 19
residential facility for groups. 20
(e) Violates any regulation of the Board prescribing additional 21
standards of conduct for licensees, including, without limitation, a 22
code of ethics. 23
(f) Engages in conduct that violates the trust of a patient or 24
resident or exploits the relationship between the licensee and the 25
patient or resident for the financial or other gain of the licensee. 26
2. If a licensee requests a hearing pursuant to subsection 1, the 27
Board shall give the licensee written notice of a hearing pursuant to 28
NRS 233B.121 and 241.0333. A licensee may waive, in writing, his 29
or her right to attend the hearing. 30
3. The Board may compel the attendance of witnesses or the 31
production of documents or objects by subpoena. The Board may 32
adopt regulations that set forth a procedure pursuant to which the 33
Chair of the Board may issue subpoenas on behalf of the Board. 34
Any person who is subpoenaed pursuant to this subsection may 35
request the Board to modify the terms of the subpoena or grant 36
additional time for compliance. 37
4. An order that imposes discipline and the findings of fact and 38
conclusions of law supporting that order are public records. 39
5. The expiration of a license by operation of law or by order 40
or decision of the Board or a court, or the voluntary surrender of a 41
license, does not deprive the Board of jurisdiction to proceed with 42
any investigation of, or action or disciplinary proceeding against, the 43
licensee or to render a decision suspending or revoking the license. 44
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Sec. 22. The provisions of NRS 354.599 do not apply to any 1
additional expenses of a local government that are related to the 2
provisions of this act. 3
H