S.B. 425
- *SB425*
SENATE BILL NO. 425–COMMITTEE ON
HEALTH AND HUMAN SERVICES
(ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE
ON HEALTH AND HUMAN SERVICES)
MARCH 24, 2025
____________
Referred to Committee on Health and Human Services
SUMMARY—Makes revisions relating to health professions.
(BDR 40-353)
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 the State Office of
Health Care Workforce and Licensing in the Division of
Public and Behavioral Health of the Department of Health
and Human Services; providing for the appointment of
and prescribing the duties of the Director of the Office;
creating the Account for the State Office of Health Care
Workforce and Licensing; transferring authority over
certain programs to the Office; authorizing certain entities
to consult with and request the assistance of the Director;
creating the Board of Behavioral Health Professionals
within the Office; prescribing certain requirements
governing the operation of the Board; establishing and
authorizing the establishment of certain advisory
committees; eliminating the licensing boards that regulate
certain behavioral health professions and transferring the
responsibility for regulating those professions to the
Board; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires the Division of Public and Behavioral Health of the 1
Department of Health and Human Services to perform certain duties relating to the 2
administration of public health and behavioral health in this State, including 3
– 2 –
- *SB425*
licensing and regulating certain health care facilities. (NRS 433.233-433.424, 4
439.150-439.263, chapter 449 of NRS, NRS 458.025-458.131) Section 6 of this 5
bill: (1) establishes the State Office of Health Care Workforce and Licensing within 6
the Division; and (2) requires the Administrator of the Division to appoint the 7
Director of the Office. Sections 2, 4 and 5 of this bill define certain terms relating 8
to the Office, and sections 3 and 10 of this bill establish the applicability of those 9
definitions. Section 7 of this bill requires the Director to perform certain duties 10
relating to the health care workforce in this State. Section 8 of this bill authorizes 11
the Director of the Office to accept gifts, grants and donations. Section 9 of this bill 12
establishes the Account for the State Office of Health Care Workforce and 13
Licensing to support the activities of the Office. 14
Existing law requires the Director of the Department to collect certain 15
information relating to demographics and practice conditions of providers of health 16
care and maintain a database of such information. (NRS 439A.116) Existing law 17
also requires the Department to: (1) collect certain additional information from 18
physicians concerning their employment; and (2) annually publish a report based on 19
such data. (NRS 439A.124) Existing law additionally establishes the Physician 20
Visa Waiver Program to facilitate the employment of certain foreign physicians in 21
this State. (NRS 439A.170) Sections 7, 11-15, 17-20, 85-101, 106, 110, 115, 121 22
and 128 of this bill transfer the authority to oversee and implement those programs 23
from the Director of the Department and the Department to the Director of the 24
Office and the Office. Section 145 of this bill eliminates certain unnecessary 25
definitions, and section 16 of this bill makes a conforming change to eliminate a 26
reference to those definitions. 27
Existing law establishes the Office of Science, Innovation and Technology in 28
the Office of the Governor. (NRS 223.600) Existing law requires the Office of 29
Science, Innovation and Technology to establish the Graduate Medical Education 30
Grant Program for the purpose of awarding grants to institutions seeking to create, 31
expand or retain accredited programs for residency training and postdoctoral 32
fellowships for physicians. (NRS 223.637) Existing law: (1) establishes the 33
Advisory Council on Graduate Medical Education within the Office of Science, 34
Innovation and Technology; and (2) requires the Council to make recommendations 35
to the Office concerning applications for grants pursuant to the Grant Program. 36
(NRS 223.633, 223.635) Sections 7 and 26-32 of this bill transfer oversight of the 37
Advisory Council and the responsibility for carrying out the Grant Program to 38
the State Office of Health Care Workforce and Licensing. Section 32 also revises 39
the recipients of an existing report concerning the Grant Program to additionally 40
include the Director of the Department and the Administrator. 41
Existing law establishes: (1) the Student Loan Repayment for Providers of 42
Health Care in Underserved Communities Program, which is administered by the 43
State Treasurer; and (2) various programs within the University of Nevada to 44
improve the health care workforce of this State. (NRS 226.450-226.466, 396.900-45
396.908) Sections 33 and 44-49 of this bill authorize the State Treasurer and the 46
various entities within the University that are responsible for implementing those 47
programs to consult with and request the assistance of the Director of the Office. 48
Upon receiving such a request, section 7 requires the Director to engage in such 49
consultation and, within the limits of available resources, provide such assistance. 50
Existing law provides for the regulation of: (1) psychologists by the Board of 51
Psychological Examiners; (2) marriage and family therapists and clinical 52
professional counselors by the Board of Examiners for Marriage and Family 53
Therapists and Clinical Professional Counselors; (3) social workers by the Board of 54
Examiners for Social Workers; (4) alcohol and drug counselors and problem 55
gambling counselors by the Board of Examiners for Alcohol, Drug and Gambling 56
Counselors; and (5) behavior analysts, assistant behavior analysts and 57
registered behavior technicians by the Board of Applied Behavior Analysis. 58
– 3 –
- *SB425*
(Chapters 641-641D of NRS) Section 146 of this bill eliminates those licensing 59
boards, and section 63 of this bill creates the Board of Behavioral Health 60
Professionals within the Office to replace the licensing boards eliminated by 61
section 146. Sections 43, 102, 108, 111, 116 and 123 of this bill transfer the 62
responsibility for regulating psychologists, marriage and family therapists, clinical 63
professional counselors, social workers, alcohol and drug counselors, problem 64
gambling counselors, behavior analysts, assistant behavior analysts and registered 65
behavior technicians to the Board. Section 70 of this bill requires the Board to 66
submit to the Legislature and each regional behavioral health policy board a report 67
currently submitted by certain licensing boards eliminated by section 146 that 68
contains information concerning investigations, disciplinary actions and 69
applications for licensure. (NRS 641.145, 641A.183, 641B.165, 641C.230) 70
Sections 60-62 of this bill define certain terms relating to the Board, and 71
section 59 of this bill establishes the applicability of those definitions. Sections 63-72
67 of this bill prescribe various requirements concerning the procedures, officers, 73
training, compensation and records of the Board. Section 68 of this bill requires the 74
Director of the Office to manage the finances of the Board, and sections 69, 113 75
and 119 of this bill authorize the Director to maintain offices, employ persons and 76
enter into contracts on behalf of the Board. Section 25 of this bill exempts the 77
Board from certain requirements relating to financial records and legislative audits 78
that normally apply to professional licensing boards because the Board will not be 79
responsible for its own finances. Sections 38-42 of this bill instead subject the 80
actions taken by the Director pursuant to sections 68 and 69 to requirements 81
governing state employment and budgeting that apply to state agencies generally. 82
Sections 71-76 of this bill establish three advisory committees to advise the Board 83
and assist the Board with certain duties. Section 77 of this bill establishes 84
provisions governing the appointment and procedure of those advisory committees. 85
Section 78 of this bill authorizes the Director to establish additional permanent or 86
temporary committees to advise the Board concerning any aspect of its duties. 87
Sections 21, 22, 24, 34, 35, 37, 43, 50-57, 79-84, 104, 109, 113, 126, 127 and 88
129 of this bill make various conforming changes to ensure that: (1) the Board 89
assumes the powers and duties of the licensing boards eliminated by section 146 90
and is otherwise treated similarly to those licensing boards; and (2) the legal status 91
of behavioral health professionals is not changed by this bill. Sections 23, 36, 37, 92
104, 109, 113, 114, 118, 120, 122, 125 and 146 of this bill make additional 93
conforming changes to remove: (1) references to the eliminated boards from 94
sections that are not applicable to the Board; and (2) provisions that are duplicative 95
of sections 63-70 or are no longer applicable. Sections 103, 105, 107, 112, 117 and 96
124 of this bill make conforming changes to clarify the applicability of certain 97
provisions of existing law. Section 130 of this bill requires the Director to: (1) 98
collaborate with the Board when performing certain duties relating to the health 99
care workforce; and (2) provide support to the Board. 100
Section 137 of this bill requires the Division to: (1) develop a plan for 101
transferring the duties of the licensing boards eliminated by section 146 to the 102
Board; (2) present and adopt the plan at separate public meetings; and (3) notify 103
the Governor, the Legislature and the licensing boards eliminated by section 146 of 104
the date of the planned transition at least 90 days before that date. 105
– 4 –
- *SB425*
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 439A of NRS is hereby amended by 1
adding thereto the provisions set forth as sections 2 to 9, inclusive, 2
of this act. 3
Sec. 2. “Office” means the State Office of Health Care 4
Workforce and Licensing established in the Division by section 6 5
of this act. 6
Sec. 3. As used in NRS 223.631 to 223.639, inclusive, and 7
sections 3 to 9, inclusive, of this act, unless the context otherwise 8
requires, the words and terms defined in sections 4 and 5 of this 9
act have the meanings ascribed to them in those sections. 10
Sec. 4. “Administrator” means the Administrator of the 11
Division. 12
Sec. 5. “Division” means the Division of Public and 13
Behavioral Health of the Department. 14
Sec. 6. 1. The State Office of Health Care Workforce and 15
Licensing is hereby established in the Division. 16
2. The Administrator shall appoint the Director of the Office. 17
The Director of the Office must not hold a license, certificate or 18
registration issued pursuant to chapter 641, 641A, 641B, 641C or 19
641D of NRS. 20
3. The Director of the Office may not apply for any license, 21
certificate or registration pursuant to chapter 641, 641A, 641B, 22
641C or 641D of NRS while serving as Director of the Office or 23
for 5 years after leaving that office. Any application submitted in 24
violation of this section and any license, certificate or registration 25
issued upon the approval of such an application are void. 26
4. The Director of the Office shall devote his or her entire 27
time and attention to the business of the Office and shall not 28
engage in any other gainful employment or occupation. 29
5. The Director of the Office is in the unclassified service of 30
the State and serves at the pleasure of the Administrator. 31
Sec. 7. The Director of the Office shall: 32
1. Advise the Director of the Department and the 33
Administrator on matters relating to the health care workforce in 34
this State. 35
2. Work in coordination with the Department and the 36
Division to establish criteria and goals for the development and 37
diversification of the health care workforce in this State. 38
3. As directed by the Administrator, identify, recommend and 39
carry out policies related to the health care workforce in this State. 40
4. Report periodically to the Administrator concerning the 41
administration of the policies and programs of the Office. 42
– 5 –
- *SB425*
5. Provide support to the Advisory Council on Graduate 1
Medical Education created by NRS 223.633 and implement the 2
Graduate Medical Education Grant Program established pursuant 3
to NRS 223.637. 4
6. Recommend to the Legislature the enactment, amendment 5
or repeal of statutes as necessary to: 6
(a) Support an adequate health care workforce to meet the 7
demand of consumers for behavioral health services and other 8
health services; 9
(b) Prevent harm to the health, safety and financial welfare of 10
the public; and 11
(c) Remove requirements relating to providers of health care 12
that are no longer needed to protect the public or are not effective 13
at improving the delivery of behavioral health services and other 14
health services. 15
7. Administer such grants as are provided by legislative 16
appropriation. 17
8. Consult with and, within the limits of available resources, 18
provide assistance to the State Treasurer, the Board of Regents of 19
the University of Nevada, the University of Nevada School of 20
Medicine, the Nevada Office of Rural Health, the Area Health 21
Education Center Program and the Medical Education Council of 22
Nevada when requested pursuant to NRS 226.464, 396.898, 23
396.902, 396.905, 396.906, 396.907 or 396.908. 24
9. Carry out: 25
(a) The programs established by NRS 439A.111 to 439A.126, 26
inclusive, for collecting information from certain providers of 27
health care; and 28
(b) The Physician Visa Waiver Program established by NRS 29
439A.130 to 439A.185, inclusive. 30
Sec. 8. The Director of the Office may: 31
1. Accept any gift, donation, bequest or devise; and 32
2. Apply for and accept any grant, loan or other source of 33
money, 34
to assist the Director in carrying out his or her duties. 35
Sec. 9. 1. The Account for the State Office of Health Care 36
Workforce and Licensing is hereby created in the State General 37
Fund. The Account must be administered by the Director of the 38
Office. 39
2. Except as otherwise provided in NRS 223.631, any money 40
accepted pursuant to section 8 of this act must be deposited in the 41
Account. 42
3. The interest and income earned on the money in the 43
Account, after deducting any applicable charges, must be credited 44
to the Account. Any money remaining in the Account at the end of 45
– 6 –
- *SB425*
the fiscal year does not revert to the State General Fund, and the 1
balance in the Account must be carried forward to the next fiscal 2
year. 3
4. The money in the Account must only be used to carry out 4
the duties of the Office. 5
5. Claims against the Account must be paid as other claims 6
against the State are paid. 7
Sec. 10. NRS 439A.010 is hereby amended to read as follows: 8
439A.010 As used in this chapter, unless the context otherwise 9
requires, the words and terms defined in NRS 439A.012 to 10
439A.0195, inclusive, and section 2 of this act have the meanings 11
ascribed to them in those sections. 12
Sec. 11. NRS 439A.116 is hereby amended to read as follows: 13
439A.116 1. The Director of the Office shall establish and 14
maintain a database of information collected from applicants for the 15
renewal of a license, certificate or registration as a provider of 16
health care. The information in the database must include, for each 17
applicant from whom such information is collected: 18
(a) The type of license, certificate or registration held by the 19
applicant; 20
(b) The race and ethnicity of the applicant; 21
(c) The primary language spoken by the applicant; 22
(d) The specialty area in which the applicant practices; 23
(e) The county of this State in which the applicant spends the 24
majority of his or her working hours; 25
(f) The address of each location at which the applicant practices 26
or intends to practice and the percentage of working hours spent by 27
the applicant at each location; 28
(g) The type of practice in which the applicant engages, 29
including, without limitation, individual private practice, group 30
private practice, multispecialty group private practice, government 31
or nonprofit; 32
(h) The settings in which the applicant practices, including, 33
without limitation, hospitals, clinics and academic settings; 34
(i) The education and primary and secondary specialties of the 35
applicant; 36
(j) The average number of hours worked per week by the 37
applicant and the total number of weeks worked by the applicant 38
during the immediately preceding calendar year; 39
(k) The percentages of working hours during which the 40
applicant engages in patient care and other activities, including, 41
without limitation, teaching, research and administration; 42
(l) Any planned major changes to the practice of the applicant 43
within the immediately following 5 years, including, without 44
– 7 –
- *SB425*
limitation, retirement, relocation or significant changes in working 1
hours; and 2
(m) Any other information prescribed by regulation of the 3
Director [.] of the Office. 4
2. The Director of the Office shall develop and make available 5
to each professional licensing board that licenses, certifies or 6
registers providers of health care an electronic data request that 7
solicits the information described in subsection 1 from an applicant 8
for the renewal of such a license, certificate or registration. 9
3. Except as otherwise provided in this subsection, information 10
included in the database is confidential and not a public record. The 11
Director of the Office shall: 12
(a) Take all necessary measures to ensure the confidentiality of 13
the identity of providers of health care to whom information in the 14
database pertains, including, without limitation, measures to ensure 15
that the identity of a provider of health care is not ascertainable due 16
to his or her reported profession or the reported location at which he 17
or she practices. 18
(b) Make data from the database that does not contain any 19
information that could be used to identify an applicant for or the 20
holder of a license, certificate or registration as a provider of health 21
care available to the Working Group. The Working Group may use 22
such data to support the recommendations made pursuant to NRS 23
439A.121 or include such data in any report published pursuant to 24
that section. 25
(c) Publish an annual report of data from the database that does 26
not contain any information that could be used to identify an 27
applicant for or holder of a license, certificate or registration as a 28
provider of health care. 29
(d) Analyze the data in the database and make periodic reports 30
to the Legislature, the Department and other agencies of the 31
Executive Branch of the State Government concerning ways in 32
which to: 33
(1) Attract more persons, including, without limitation, 34
members of underrepresented groups, to pursue the education 35
necessary to practice as a provider of health care and practice as a 36
provider of health care in this State; and 37
(2) Improve health outcomes and public health in this State. 38
Sec. 12. NRS 439A.118 is hereby amended to read as follows: 39
439A.118 1. The Director of the Office shall establish the 40
Health Care Workforce Working Group within the [Department.] 41
Office. The Director of the Office shall appoint to the Working 42
Group providers of health care and representatives of: 43
(a) Groups that represent providers of health care and consumers 44
of health care; 45
– 8 –
- *SB425*
(b) The Nevada System of Higher Education, universities, state 1
colleges, community colleges and other institutions in this State that 2
train providers of health care; 3
(c) The Department of Health and Human Services; and 4
(d) Professional licensing boards that license, certify or register 5
providers of health care. 6
2. The Director of the Office shall appoint a Chair of the 7
Working Group. The Working Group shall meet at the call of the 8
Chair. A majority of the members of the Working Group constitutes 9
a quorum and is required to transact any business of the Working 10
Group. 11
3. The members of the Working Group serve without 12
compensation and are not entitled to receive the per diem allowance 13
and travel expenses provided for state officers and employees 14
generally. 15
4. A member of the Working Group who is an officer or 16
employee of this State or a political subdivision of this State must be 17
relieved from his or her duties without loss of regular compensation 18
to prepare for and attend meetings of the Working Group and 19
perform any work necessary to carry out the duties of the Working 20
Group in the most timely manner practicable. A state agency or 21
political subdivision of this State shall not require an officer or 22
employee who is a member of the Working Group to: 23
(a) Make up the time he or she is absent from work to carry out 24
his or her duties as a member of the Working Group; or 25
(b) Take annual leave or compensatory time for the absence. 26
5. The [Department] Office shall provide such administrative 27
support to the Working Group as is necessary to carry out the duties 28
of the Working Group. 29
Sec. 13. NRS 439A.121 is hereby amended to read as follows: 30
439A.121 1. The Working Group shall: 31
(a) Make recommendations to the Director of the Office 32
concerning the information included in the database pursuant to 33
NRS 439A.116; 34
(b) Analyze the information contained in the database; and 35
(c) Make recommendations to the Office, the Department of 36
Health and Human Services, the Department of Education, the 37
Board of Regents of the University of Nevada, the Legislature, 38
professional licensing boards that license, certify or register 39
providers of health care and other relevant persons and entities 40
concerning ways in which to: 41
(1) Attract more persons, including, without limitation, 42
members of underrepresented groups, to pursue the education 43
necessary to practice as a provider of health care and practice as a 44
provider of health care in this State; and 45
– 9 –
- *SB425*
(2) Improve health outcomes and public health in this State. 1
2. The Working Group may publish reports of any of its 2
findings or recommendations. 3
Sec. 14. NRS 439A.122 is hereby amended to read as follows: 4
439A.122 1. The Director of the Office may: 5
(a) Adopt any regulations necessary to carry out the provisions 6
of NRS 439A.111 to 439A.122, inclusive; 7
(b) Enter into any contracts or agreements necessary to carry out 8
the provisions of NRS 439A.111 to 439A.122, inclusive; and 9
(c) Apply for and accept any gifts, grants and donations to carry 10
out the provisions of NRS 439A.111 to 439A.122, inclusive. 11
2. If the Director of the Office enters into a contract or 12
agreement pursuant to this section for the establishment or 13
maintenance of the database, the analysis of data or the issuance of 14
reports pursuant to NRS 439A.116, the contract must provide the 15
Director of the Office with unrestricted access to any data 16
maintained by the contracting entity and any analysis or reporting 17
performed by the contracting entity. 18
Sec. 15. NRS 439A.124 is hereby amended to read as follows: 19
439A.124 1. The [Department] Office shall develop and 20
make available to the Board of Medical Examiners and the State 21
Board of Osteopathic Medicine an electronic data request to be 22
completed by an applicant for the renewal of a license as a physician 23
or a biennial registration pursuant to NRS 630.267. The electronic 24
data request must solicit from each such applicant the following 25
information: 26
(a) Whether the applicant is employed by a hospital, a health 27
system or an entity owned by a health system or practices 28
independently from a hospital, a health system or an entity owned 29
by a health system; 30
(b) If the applicant is employed by a hospital, a health system or 31
an entity owned by a health system, the name of the hospital or 32
health system or the entity and the health system that owns the 33
entity, as applicable; 34
(c) If the applicant is employed by an entity other than a 35
hospital, a health system or an entity owned by a health system, the 36
name of the legal entity which owns the practice and any assumed 37
or fictitious name of that entity known to the applicant; and 38
(d) If the applicant practices independently from a hospital, a 39
health system or an entity owned by a health system, the name of 40
the practice of the applicant. 41
2. The [Department] Office shall collect and maintain the 42
information collected pursuant to subsection 1. Such information is 43
confidential and any reporting of the information maintained 44
– 10 –
- *SB425*
pursuant to this section by the [Department] Office must be in an 1
aggregate form that does not reveal the identity of any physician. 2
3. The [Department] Office shall annually prepare and post on 3
an Internet website maintained by the [Department] Office a report 4
based on the data collected pursuant to subsection 1 that analyzes 5
trends in the employment and practices of physicians in this State. 6
Sec. 16. NRS 439A.130 is hereby amended to read as follows: 7
439A.130 As used in NRS 439A.130 to 439A.185, inclusive, 8
the words and terms defined in NRS [439A.135] 439A.140 to 9
439A.165, inclusive, have the meanings ascribed to them in those 10
sections. 11
Sec. 17. NRS 439A.170 is hereby amended to read as follows: 12
439A.170 1. The Physician Visa Waiver Program is hereby 13
established in the [Division.] Office. The [Administrator] Director 14
of the Office shall administer the Program consistent with federal 15
law and the provisions of NRS 439A.130 to 439A.185, inclusive, 16
and the regulations adopted pursuant thereto. The Program must: 17
(a) Provide for the oversight of employers and J-1 visa 18
physicians in this State; 19
(b) Evaluate applications for letters of support submitted 20
pursuant to NRS 439A.175; and 21
(c) Issue letters of support. 22
2. The [State Board of Health] Director of the Office shall 23
adopt regulations: 24
(a) Providing for the administration of the Program; and 25
(b) Establishing an application fee, not to exceed $2,000, 26
payable to the Program by an employer or J-1 visa physician who 27
applies for a letter of support pursuant to NRS 439A.175. 28
3. Any application fees collected by the Program are not 29
refundable and must be deposited in the State Treasury and 30
accounted for separately in the State General Fund. Any interest and 31
income earned on the money in the account, after deducting any 32
applicable charges, must be credited to the account. Any money 33
remaining in the account at the end of a fiscal year does not revert to 34
the State General Fund. All claims against the account must be paid 35
as other claims against the State are paid. The money in the account 36
must be used to pay the costs of administering the Program and for 37
training and educating J-1 visa physicians and employers. 38
4. The [Division] Office is hereby designated as the agency of 39
this State to cooperate with the Federal Government in the 40
administration of the Program. 41
Sec. 18. NRS 439A.175 is hereby amended to read as follows: 42
439A.175 1. An employer or J-1 visa physician who seeks a 43
letter of support must: 44
– 11 –
- *SB425*
(a) Apply to the Program for a letter of support in the manner 1
prescribed by the [State Board of Health;] Office; 2
(b) Include with the application proof satisfactory to the 3
[Division] Office that the J-1 visa physician is licensed to practice 4
medicine pursuant to chapter 630 of NRS or has submitted an 5
application for a license to practice medicine pursuant to chapter 6
630 of NRS; and 7
(c) Include with the application a copy of the contract entered 8
into by the employer and the J-1 visa physician. 9
2. The contract entered into by the employer and the J-1 visa 10
physician: 11
(a) Must comply with: 12
(1) All applicable provisions of federal law; and 13
(2) The regulations adopted by the [State Board of Health] 14
Director of the Office pursuant to NRS 439A.130 to 439A.185, 15
inclusive. 16
(b) Must not include: 17
(1) A noncompete clause or restrictive covenant that prevents 18
or discourages the J-1 visa physician from continuing to practice 19
after the term of the contract expires; or 20
(2) Any provision authorizing termination without cause. 21
3. The Program may provide a letter of support to a J-1 visa 22
physician: 23
(a) If the Program determines that the waiver is in the public 24
interest; 25
(b) If the contract entered into by the employer and the J-1 visa 26
physician complies with the provisions of this section; and 27
(c) Upon payment of the prescribed application fee. 28
Sec. 19. NRS 439A.180 is hereby amended to read as follows: 29
439A.180 1. In addition to any other penalty prescribed by 30
law: 31
(a) A J-1 visa physician who: 32
(1) Does not provide the required minimum hours of health 33
services in an area designated by the Federal Government as a 34
health care professional shortage area; 35
(2) Refuses to provide health services to medically 36
underserved persons in this State; or 37
(3) Violates any provision of state law governing physicians 38
or the provision of health services; or 39
(b) An employer who: 40
(1) Employs a J-1 visa physician in a manner other than that 41
specified in the contract entered into by the employer and the J-1 42
visa physician; 43
(2) Violates any provision of NRS 439A.130 to 439A.185, 44
inclusive, or any regulation adopted pursuant thereto; or 45
– 12 –
- *SB425*
(3) Violates any provision of state law governing physicians 1
or the provision of health services, 2
is subject to the penalty prescribed by the [State Board of Health] 3
Director of the Office pursuant to subsection 2. 4
2. The [State Board of Health] Director of the Office shall 5
adopt regulations establishing: 6
(a) The procedure for reporting a violation of this section; and 7
(b) The penalty for any violation of this section. 8
Sec. 20. NRS 450B.805 is hereby amended to read as follows: 9
450B.805 1. The health authority may: 10
(a) Make the data request developed by the Director of the State 11
Office of Health Care Workforce and Licensing of the Division of 12
Public and Behavioral Health of the Department of Health and 13
Human Services pursuant to NRS 439A.116 available to applicants 14
for the renewal of a license as an attendant or a certificate as an 15
emergency medical technician, advanced emergency medical 16
technician or paramedic through a link on the electronic application 17
for the renewal of a license or certificate; and 18
(b) Request each applicant to complete and electronically submit 19
the data request to the Director. 20
2. The information provided by an applicant for a renewal of a 21
license or certificate pursuant to subsection 1 is confidential and, 22
except as required by subsection 1, must not be disclosed to any 23
person or entity. 24
3. An applicant for the renewal of a license or certificate is not 25
required to complete a data request pursuant to subsection 1 and is 26
not subject to disciplinary action, including, without limitation, 27
refusal to renew the license or certificate, for failure to do so. 28
Sec. 21. NRS 458A.057 is hereby amended to read as follows: 29
458A.057 1. “Qualified mental health professional” means 30
any of the following persons: 31
(a) A person who is certified as a problem gambling counselor 32
pursuant to the provisions of chapter 641C of NRS. 33
(b) A person who is certified as a problem gambling counselor 34
intern pursuant to the provisions of chapter 641C of NRS. 35
(c) A physician who is licensed pursuant to the provisions of 36
chapter 630 or 633 of NRS. 37
(d) A nurse who is licensed pursuant to the provisions of chapter 38
632 of NRS and is authorized by the State Board of Nursing to 39
engage in the practice of counseling problem gamblers. 40
(e) A psychologist who is licensed pursuant to the provisions of 41
chapter 641 of NRS or authorized to practice psychology in this 42
State pursuant to the Psychology Interjurisdictional Compact 43
enacted in NRS 641.227, or a psychological assistant who is 44
registered with the Board of [Psychological Examiners] Behavioral 45
– 13 –
- *SB425*
Health Professionals pursuant to the provisions of chapter 641 of 1
NRS and the regulations adopted pursuant thereto. 2
(f) A clinical professional counselor or clinical professional 3
counselor intern who is licensed pursuant to chapter 641A of NRS. 4
(g) A marriage and family therapist or marriage and family 5
therapist intern who is licensed pursuant to the provisions of chapter 6
641A of NRS and is authorized by the Board of [Examiners for 7
Marriage and Family Therapists and Clinical Professional 8
Counselors] Behavioral Health Professionals to engage in the 9
practice of counseling persons with an addictive disorder related to 10
gambling. 11
(h) A person who is licensed as a clinical social worker pursuant 12
to the provisions of chapter 641B of NRS and is authorized by the 13
Board of [Examiners for Social Workers] Behavioral Health 14
Professionals to engage in the practice of counseling persons with 15
an addictive disorder related to gambling. 16
2. As used in this section, “practice of counseling persons with 17
an addictive disorder related to gambling” has the meaning ascribed 18
to it in NRS 641C.105. 19
Sec. 22. NRS 49.213 is hereby amended to read as follows: 20
49.213 There is no privilege pursuant to NRS 49.209 or 21
49.211: 22
1. For communications relevant to an issue in a proceeding to 23
hospitalize the patient for mental illness, if the psychologist in the 24
course of diagnosis or treatment has determined that the patient 25
requires hospitalization. 26
2. For communications relevant to any determination made 27
pursuant to NRS 202.360. 28
3. For communications relevant to an issue of the treatment of 29
the patient in any proceeding in which the treatment is an element of 30
a claim or defense. 31
4. If disclosure is otherwise required by state or federal law. 32
5. For communications relevant to an issue in a proceeding to 33
determine the validity of a will of the patient. 34
6. If there is an immediate threat that the patient will harm 35
himself or herself or other persons. 36
7. For communications made in the course of a court-ordered 37
examination of the condition of a patient with respect to the specific 38
purpose of the examination unless the court orders otherwise. 39
8. For communications relevant to an issue in an investigation 40
or hearing conducted by the Board of [Psychological Examiners] 41
Behavioral Health Professionals pursuant to chapter 641 of NRS 42
if the treatment of the patient is an element of that investigation or 43
hearing. 44
– 14 –
- *SB425*
9. For communications relevant to an issue in a proceeding 1
relating to the abuse or neglect of a person with a disability or a 2
person who is legally incompetent. 3
Sec. 23. NRS 86.555 is hereby amended to read as follows: 4
86.555 1. Except as otherwise provided by statute, an agency, 5
board or commission that regulates an occupation or profession 6
pursuant to title 54, 55 or 56 [or chapter 641D] of NRS may grant a 7
license to a limited-liability company or a foreign limited-liability 8
company if the agency, board or commission is authorized to grant a 9
license to a corporation formed pursuant to chapter 78 of NRS. 10
2. An agency, board or commission that makes a license 11
available to a limited-liability company or foreign limited-liability 12
company pursuant to subsection 1 shall adopt regulations: 13
(a) Listing the persons in the limited-liability company or 14
foreign limited-liability company who must qualify for the license 15
or indicating that the agency, board or commission will use other 16
means to determine whether the limited-liability company or foreign 17
limited-liability company qualifies for a license; 18
(b) Listing the persons who may engage in the activity for which 19
the license is required on behalf of the limited-liability company or 20
foreign limited-liability company; 21
(c) Indicating whether the limited-liability company or foreign 22
limited-liability company may engage in a business other than the 23
business for which the license is required; 24
(d) Listing the changes, if any, in the management or control of 25
the limited-liability company or foreign limited-liability company 26
that require notice, review, approval or other action by the agency, 27
board or commission; and 28
(e) Setting forth the conditions under which a limited-liability 29
company or foreign limited-liability company may obtain a license. 30
3. An agency, board or commission that adopts regulations 31
pursuant to subsection 2 shall not impose a restriction or 32
requirement on a limited-liability company or foreign limited-33
liability company which is significantly different from or more 34
burdensome than the restrictions or requirements imposed on a 35
partnership or corporation. 36
Sec. 24. NRS 179A.100 is hereby amended to read as follows: 37
179A.100 1. The following records of criminal history may 38
be disseminated by an agency of criminal justice without any 39
restriction pursuant to this chapter: 40
(a) Any which reflect records of conviction only; and 41
(b) Any which pertain to an incident for which a person is 42
currently within the system of criminal justice, including parole or 43
probation. 44
– 15 –
- *SB425*
2. Without any restriction pursuant to this chapter, a record of 1
criminal history or the absence of such a record may be: 2
(a) Disclosed among agencies which maintain a system for the 3
mutual exchange of criminal records. 4
(b) Furnished by one agency to another to administer the system 5
of criminal justice, including the furnishing of information by a 6
police department to a district attorney. 7
(c) Reported to the Central Repository. 8
3. An agency of criminal justice shall disseminate to a 9
prospective employer, upon request, records of criminal history 10
concerning a prospective employee or volunteer which are the result 11
of a name-based inquiry and which: 12
(a) Reflect convictions only; or 13
(b) Pertain to an incident for which the prospective employee or 14
volunteer is currently within the system of criminal justice, 15
including parole or probation. 16
4. Records of criminal history must be disseminated by an 17
agency of criminal justice, upon request, to the following persons or 18
governmental entities: 19
(a) The person who is the subject of the record of criminal 20
history for the purposes of NRS 179A.150. 21
(b) The person who is the subject of the record of criminal 22
history when the subject is a party in a judicial, administrative, 23
licensing, disciplinary or other proceeding to which the information 24
is relevant. 25
(c) The Nevada Gaming Control Board. 26
(d) The State Board of Nursing. 27
(e) The Private Investigator’s Licensing Board to investigate an 28
applicant for a license. 29
(f) A public administrator or a person employed or contracted 30
with pursuant to NRS 253.125, as applicable, to carry out the duties 31
as prescribed in chapter 253 of NRS. 32
(g) A public guardian to investigate a protected person or 33
proposed protected person or persons who may have knowledge of 34
assets belonging to a protected person or proposed protected person. 35
(h) Any agency of criminal justice of the United States or of 36
another state or the District of Columbia. 37
(i) Any public utility subject to the jurisdiction of the Public 38
Utilities Commission of Nevada when the information is necessary 39
to conduct a security investigation of an employee or prospective 40
employee or to protect the public health, safety or welfare. 41
(j) Persons and agencies authorized by statute, ordinance, 42
executive order, court rule, court decision or court order as 43
construed by appropriate state or local officers or agencies. 44
– 16 –
- *SB425*
(k) Any person or governmental entity which has entered into a 1
contract to provide services to an agency of criminal justice relating 2
to the administration of criminal justice, if authorized by the 3
contract, and if the contract also specifies that the information will 4
be used only for stated purposes and that it will be otherwise 5
confidential in accordance with state and federal law and regulation. 6
(l) Any reporter or editorial employee who is employed or 7
affiliated with a newspaper, press association or commercially 8
operated, federally licensed radio or television station who requests 9
a record of a named person or aggregate information for statistical 10
purposes, excluding any personal identifying information, in a 11
professional capacity for communication to the public. 12
(m) Prospective employers if the person who is the subject of 13
the information has given written consent to the release of that 14
information by the agency which maintains it. 15
(n) For the express purpose of research, evaluative or statistical 16
programs pursuant to an agreement with an agency of criminal 17
justice. 18
(o) An agency which provides child welfare services, as defined 19
in NRS 432B.030. 20
(p) The Division of Welfare and Supportive Services of the 21
Department of Health and Human Services or its designated 22
representative, as needed to ensure the safety of investigators and 23
caseworkers. 24
(q) The Aging and Disability Services Division of the 25
Department of Health and Human Services or its designated 26
representative, as needed to ensure the safety of investigators and 27
caseworkers. 28
(r) An agency of this or any other state or the Federal 29
Government that is conducting activities pursuant to Part D of 30
Subchapter IV of Chapter 7 of Title 42 of the Social Security Act, 31
42 U.S.C. §§ 651 et seq. 32
(s) The Commissioner of Insurance. 33
(t) The Board of Medical Examiners. 34
(u) The State Board of Osteopathic Medicine. 35
(v) The Board of Massage Therapy and its Executive Director. 36
(w) The Board of [Examiners for Social Workers.] Behavioral 37
Health Professionals. 38
(x) The State Board of Cosmetology and its Executive Director. 39
(y) The Committee on Domestic Violence appointed pursuant to 40
NRS 228.470 when, pursuant to NRS 228.495, the Committee is 41
reviewing the death of the victim of a crime that constitutes 42
domestic violence pursuant to NRS 33.018. 43
(z) A county coroner or medical examiner, as needed to conduct 44
an investigation of the death of a person. 45
– 17 –
- *SB425*
5. Agencies of criminal justice in this State which receive 1
information from sources outside this State concerning transactions 2
involving criminal justice which occur outside Nevada shall treat the 3
information as confidentially as is required by the provisions of this 4
chapter. 5
Sec. 25. NRS 218G.400 is hereby amended to read as follows: 6
218G.400 1. Except as otherwise provided in subsection 2, 7
each board created by the provisions of NRS 590.485 and chapters 8
623 to 625A, inclusive, 628, 630 to [644A,] 640E, inclusive, 642, 9
643, 644A, 648, 654 and 656 of NRS shall: 10
(a) If the revenue of the board from all sources is less than 11
$200,000 for any fiscal year and, if the board is a regulatory body 12
pursuant to NRS 622.060, the board has submitted to the Director of 13
the Legislative Counsel Bureau for each quarter of that fiscal year 14
the information required by NRS 622.100, prepare a balance sheet 15
for that fiscal year on the form provided by the Legislative Auditor 16
and file the balance sheet with the Legislative Auditor and the Chief 17
of the Budget Division of the Office of Finance on or before 18
December 1 following the end of that fiscal year. The Legislative 19
Auditor shall prepare and make available a form that must be used 20
by a board to prepare such a balance sheet. 21
(b) If the revenue of the board from all sources is $200,000 or 22
more for any fiscal year, or if the board is a regulatory body 23
pursuant to NRS 622.060 and has failed to submit to the Director of 24
the Legislative Counsel Bureau for each quarter of that fiscal year 25
the information required by NRS 622.100, engage the services of a 26
certified public accountant or public accountant, or firm of either of 27
such accountants, to audit all its fiscal records for that fiscal year 28
and file a report of the audit with the Legislative Auditor and the 29
Chief of the Budget Division of the Office of Finance on or before 30
December 1 following the end of that fiscal year. 31
2. In lieu of preparing a balance sheet or having an audit 32
conducted for a single fiscal year, a board may engage the services 33
of a certified public accountant or public accountant, or firm of 34
either of such accountants, to audit all its fiscal records for a period 35
covering two successive fiscal years. If such an audit is conducted, 36
the board shall file the report of the audit with the Legislative 37
Auditor and the Chief of the Budget Division of the Office of 38
Finance on or before December 1 following the end of the second 39
fiscal year. 40
3. The cost of each audit conducted pursuant to subsection 1 or 41
2 must be paid by the board that is audited. Each such audit must be 42
conducted in accordance with generally accepted auditing standards, 43
and all financial statements must be prepared in accordance with 44
– 18 –
- *SB425*
generally accepted principles of accounting for special revenue 1
funds. 2
4. Whether or not a board is required to have its fiscal records 3
audited pursuant to subsection 1 or 2, the Legislative Auditor shall 4
audit the fiscal records of any such board whenever directed to do so 5
by the Legislative Commission. When the Legislative Commission 6
directs such an audit, the Legislative Commission shall also 7
determine who is to pay the cost of the audit. 8
5. A person who is a state officer or employee of a board is 9
guilty of nonfeasance if the person: 10
(a) Is responsible for preparing a balance sheet or having an 11
audit conducted pursuant to this section or is responsible for 12
preparing or maintaining the fiscal records that are necessary to 13
prepare a balance sheet or have an audit conducted pursuant to this 14
section; and 15
(b) Knowingly fails to prepare the balance sheet or have the 16
audit conducted pursuant to this section or knowingly fails to 17
prepare or maintain the fiscal records that are necessary to prepare a 18
balance sheet or have an audit conducted pursuant to this section. 19
6. In addition to any other remedy or penalty, a person who is 20
guilty of nonfeasance pursuant to this section forfeits the person’s 21
state office or employment and may not be appointed to a state 22
office or position of state employment for a period of 2 years 23
following the forfeiture. The provisions of this subsection do not 24
apply to a state officer who may be removed from office only by 25
impeachment pursuant to Article 7 of the Nevada Constitution. 26
Sec. 26. NRS 223.610 is hereby amended to read as follows: 27
223.610 The Director of the Office of Science, Innovation and 28
Technology shall: 29
1. Advise the Governor and the Executive Director of the 30
Office of Economic Development on matters relating to science, 31
innovation and technology. 32
2. Work in coordination with the Office of Economic 33
Development to establish criteria and goals for economic 34
development and diversification in this State in the areas of science, 35
innovation and technology. 36
3. As directed by the Governor, identify, recommend and carry 37
out policies related to science, innovation and technology. 38
4. Report periodically to the Executive Director of the Office 39
of Economic Development concerning the administration of the 40
policies and programs of the Office of Science, Innovation and 41
Technology. 42
5. Coordinate activities in this State relating to the planning, 43
mapping and procurement of broadband service in a competitively 44
– 19 –
- *SB425*
neutral and nondiscriminatory manner, which must include, without 1
limitation: 2
(a) Development of a strategic plan to improve the delivery of 3
broadband services in this State to schools, libraries, providers of 4
health care, transportation facilities, prisons and other community 5
facilities; 6
(b) Applying for state and federal grants on behalf of eligible 7
entities and managing state matching money that has been 8
appropriated by the Legislature; 9
(c) Coordinating and processing applications for state and 10
federal money relating to broadband services; 11
(d) Prioritizing construction projects which affect or involve the 12
expansion or deployment of broadband services in this State; 13
(e) In consultation with providers of health care from various 14
health care settings, the expansion of telehealth services to reduce 15
health care costs and increase health care quality and access in this 16
State, especially in rural, unserved and underserved areas of this 17
State; 18
(f) Expansion of the fiber optic infrastructure in this State for the 19
benefit of the public safety radio and communications systems in 20
this State; 21
(g) Collection and storage of data relating to agreements and 22
contracts entered into by the State for the provision of fiber optic 23
assets in this State; 24
(h) Administration of the trade policy for fiber optic 25
infrastructure in this State; and 26
(i) Establishing and administering a program of infrastructure 27
grants for the development or improvement of broadband services 28
for persons with low income and persons in rural areas of this State 29
using money from the Account for the Grant Program for 30
Broadband Infrastructure created by NRS 223.660. The Director 31
may adopt regulations to carry out his or her duties pursuant to this 32
paragraph. 33
6. [Provide support to the Advisory Council on Graduate 34
Medical Education and implement the Graduate Medical Education 35
Grant Program established pursuant to NRS 223.637. 36
7.] In carrying out his or her duties pursuant to this section, 37
consult with the Executive Director of the Office of Economic 38
Development and cooperate with the Executive Director in 39
implementing the State Plan for Economic Development developed 40
by the Executive Director pursuant to subsection 2 of NRS 231.053. 41
[8.] 7. Administer such grants as are provided by legislative 42
appropriation. 43
– 20 –
- *SB425*
Sec. 27. NRS 223.630 is hereby amended to read as follows: 1
223.630 1. The Account for the Office of Science, Innovation 2
and Technology is hereby created in the State General Fund. The 3
Account must be administered by the Director of the Office of 4
Science, Innovation and Technology. 5
2. Except as otherwise provided in NRS [223.631 and] 6
223.660, any money accepted pursuant to NRS 223.620 must be 7
deposited in the Account. 8
3. The interest and income earned on the money in the 9
Account, after deducting any applicable charges, must be credited to 10
the Account. 11
4. The money in the Account must only be used to carry out 12
the duties of the Director. 13
5. Claims against the Account must be paid as other claims 14
against the State are paid. 15
Sec. 28. NRS 223.631 is hereby amended to read as follows: 16
223.631 1. The Account for the Graduate Medical Education 17
Grant Program is hereby created in the State General Fund. The 18
Director of the Office [of Science, Innovation and Technology] shall 19
administer the Account. 20
2. The Director of the Office [of Science, Innovation and 21
Technology] may: 22
(a) Accept any gift, donation, bequest or devise; and 23
(b) Apply for and accept any grant, loan or other source of 24
money, 25
for deposit in the Account to assist the Director in carrying out 26
the Graduate Medical Education Grant Program established 27
pursuant to NRS 223.637. 28
3. The interest and income earned on the money in the 29
Account, after deducting any applicable charges, must be credited to 30
the Account. 31
4. The money in the Account must only be used to: 32
(a) Award competitive grants to institutions in this State seeking 33
to create, expand or retain programs for residency training and 34
postdoctoral fellowships that are approved by the Accreditation 35
Council for Graduate Medical Education or its successor 36
organization; and 37
(b) Defray the costs of establishing and administering the 38
Graduate Medical Education Grant Program established pursuant to 39
NRS 223.637. 40
5. Any money remaining in the Account at the end of the fiscal 41
year does not revert to the State General Fund, and the balance in 42
the Account must be carried forward to the next fiscal year. 43
6. Claims against the Account must be paid as other claims 44
against the State are paid. 45
– 21 –
- *SB425*
Sec. 29. NRS 223.633 is hereby amended to read as follows: 1
223.633 1. The Advisory Council on Graduate Medical 2
Education is hereby created within the Office . [of Science, 3
Innovation and Technology.] The Council consists of: 4
(a) The dean of each medical school in this State that is 5
accredited by the Liaison Committee on Medical Education of the 6
American Medical Association and the Association of American 7
Medical Colleges or their successor organizations, or his or her 8
designee; 9
(b) The dean of each school of osteopathic medicine in this State 10
that is accredited by the Commission on Osteopathic College 11
Accreditation of the American Osteopathic Association or its 12
successor organization, or his or her designee; 13
(c) Two members appointed by the [Governor] Director of the 14
Office who are physicians licensed pursuant to chapter 630 or 633 15
of NRS; 16
(d) One member appointed by the [Governor] Director of the 17
Office who represents hospitals located in counties whose 18
population is less than 100,000; 19
(e) One member appointed by the [Governor] Director of the 20
Office who represents hospitals located in counties whose 21
population is 100,000 or more but less than 700,000; 22
(f) One member appointed by the [Governor] Director of the 23
Office who represents hospitals located in a county whose 24
population is 700,000 or more; 25
(g) One member appointed by the [Governor] Director of the 26
Office who represents the medical corps of any of the Armed Forces 27
of the United States; 28
(h) One member appointed by the [Governor] Director of the 29
Department of Health and Human Services who represents the 30
Department of Health and Human Services; and 31
(i) One member appointed by the Governor who represents the 32
Office of Economic Development in the Office of the Governor. 33
2. In addition to the members appointed by the [Governor] 34
Director of the Office pursuant to subsection 1, the [Governor] 35
Director of the Office may appoint two members as the 36
[Governor] Director of the Office determines necessary to carry out 37
the provisions of NRS 223.631 to 223.639, inclusive. 38
3. After the initial terms, the term of each member of the 39
Council is 3 years, and members shall serve at the pleasure of the 40
[Governor.] appointing authority. 41
4. Any vacancy occurring in the membership of the Council 42
must be filled in the same manner as the original appointment not 43
later than 30 days after the vacancy occurs. 44
– 22 –
- *SB425*
5. The Council shall select from its members a Chair and a 1
Vice Chair who shall hold office for 1 year and who may be 2
reselected. 3
6. The Council shall meet at the call of the Chair as often as 4
necessary to evaluate applications for competitive grants for the 5
Graduate Medical Education Grant Program established pursuant to 6
NRS 223.637 and make recommendations to the Office [of Science, 7
Innovation and Technology] concerning the approval of applications 8
for such grants. 9
7. A majority of the members of the Council constitutes a 10
quorum for the transaction of business, and a majority of those 11
members present at any meeting is sufficient for any official action 12
taken by the Council. 13
8. The members of the Council serve without compensation, 14
except that each member is entitled to receive the per diem 15
allowance and travel expenses provided for state officers and 16
employees generally while engaged in the official business of the 17
Council. 18
9. A member of the Council who is an officer or employee of 19
this State or a political subdivision of this State must be relieved 20
from his or her duties without loss of regular compensation to 21
prepare for and attend meetings of the Council and perform any 22
work necessary to carry out the duties of the Council in the most 23
timely manner practicable. A state agency or political subdivision of 24
this State shall not require an officer or employee who is a member 25
of the Council to: 26
(a) Make up the time he or she is absent from work to carry out 27
his or her duties as a member of the Council; or 28
(b) Take annual leave or compensatory time for the absence. 29
Sec. 30. NRS 223.635 is hereby amended to read as follows: 30
223.635 The Advisory Council on Graduate Medical Education 31
shall: 32
1. Evaluate applications for competitive grants for the Graduate 33
Medical Education Grant Program established pursuant to NRS 34
223.637 and make recommendations to the Office [of Science, 35
Innovation and Technology] concerning the approval of applications 36
for such grants. In evaluating and making recommendations 37
concerning such applications, the Council shall give priority to the 38
award of grants for the retention of programs in this State for 39
residency training and postdoctoral fellows when the federal 40
funding for the support of such programs expires. 41
2. Study and make recommendations to the Office , [of 42
Science, Innovation and Technology,] the Governor , the Director 43
of the Department of Health and Human Services, the 44
Administrator and the Legislature concerning: 45
– 23 –
- *SB425*
(a) The creation and retention of programs in this State for 1
residency training and postdoctoral fellows that are approved by the 2
Accreditation Council for Graduate Medical Education or its 3
successor organization; and 4
(b) The recruitment and retention of physicians necessary to 5
meet the health care needs of the residents of this State, with the 6
emphasis on those health care needs. 7
Sec. 31. NRS 223.637 is hereby amended to read as follows: 8
223.637 1. The Office [of Science, Innovation and 9
Technology] shall establish and administer a Graduate Medical 10
Education Grant Program as a competitive grant program to award 11
grants to institutions in this State seeking to create, expand or retain 12
programs for residency training and postdoctoral fellows that are 13
approved by the Accreditation Council for Graduate Medical 14
Education or its successor organization. 15
2. In awarding grants pursuant to the Program established 16
pursuant to subsection 1, the Office [of Science, Innovation and 17
Technology] shall consider the recommendations of the Advisory 18
Council on Graduate Medical Education created by NRS 223.633 19
and give priority to the award of grants for the retention of programs 20
in this State for residency training and postdoctoral fellows when 21
the federal funding for the support of such programs expires. 22
3. The Office [of Science, Innovation and Technology] shall 23
establish a committee to develop a process, procedure and rubric for 24
evaluating applications for grants pursuant to the Program 25
established pursuant to subsection 1 to ensure that the process and 26
procedure are transparent, without bias, fair, equitable and 27
accessible. The committee established pursuant to this subsection 28
must be composed of persons with expertise in subject matters 29
related to graduate medical education who are not affiliated with 30
any applicant for a grant pursuant to the Program established 31
pursuant to subsection 1. 32
4. The Office [of Science, Innovation and Technology] may 33
adopt regulations necessary to carry out the Program established 34
pursuant to subsection 1. Such regulations may include, without 35
limitation, the requirements to apply for and receive a grant. 36
Sec. 32. NRS 223.639 is hereby amended to read as follows: 37
223.639 1. On or before October 1 of each year, the Office 38
[of Science, Innovation and Technology] shall submit a written 39
report to: 40
(a) The Governor [;] , the Director of the Department of Health 41
and Human Services and the Administrator; and 42
(b) The Director of the Legislative Counsel Bureau for 43
transmittal to: 44
– 24 –
- *SB425*
(1) The Interim Finance Committee in an odd-numbered 1
year; or 2
(2) The next regular session of the Legislature in an even-3
numbered year. 4
2. The report must include, without limitation: 5
(a) Information on the Graduate Medical Education Grant 6
Program established pursuant to NRS 223.637; and 7
(b) Any recommendations regarding graduate medical education 8
in this State, including, without limitation: 9
(1) The creation, expansion and retention of programs in this 10
State for residency training and postdoctoral fellows; and 11
(2) Methods by which this State may recruit and retain 12
physicians necessary to meet the health care needs of the residents 13
of this State. 14
Sec. 33. NRS 226.464 is hereby amended to read as follows: 15
226.464 The State Treasurer: 16
1. May employ such staff as the State Treasurer deems 17
necessary to administer the Program. 18
2. May consult with and request the assistance of the Director 19
of the State Office of Health Care Workforce and Licensing of the 20
Division of Public and Behavioral Health of the Department of 21
Health and Human Services for any purpose relating to the 22
Program. 23
3. Shall post information about the Program, including, without 24
limitation, the requirements to be eligible to receive repayment of 25
student education loans from the Program and the procedure to 26
apply for such repayment, on an Internet website maintained by the 27
State Treasurer. 28
Sec. 34. NRS 232.361 is hereby amended to read as follows: 29
232.361 1. There is hereby created in the Department a 30
Commission on Behavioral Health consisting of 10 members 31
appointed by the Governor, at least 3 of whom have training or 32
experience in dealing with intellectual disabilities. 33
2. The Governor shall appoint: 34
(a) A psychiatrist licensed to practice medicine in this State, 35
from a list of three candidates submitted by the Nevada Psychiatric 36
Association; 37
(b) A psychologist licensed to practice in this State and 38
experienced in clinical practice, from a list of four candidates 39
submitted by the Nevada Psychological Association, two of whom 40
must be from northern Nevada and two of whom must be from 41
southern Nevada; 42
(c) A physician, other than a psychiatrist, licensed to practice 43
medicine in this State and who has experience in dealing with 44
– 25 –
- *SB425*
intellectual disabilities, from a list of three candidates submitted by 1
the Nevada State Medical Association; 2
(d) A clinical social worker licensed to practice in this State who 3
has experience in dealing with mental illness or intellectual 4
disabilities, or both; 5
(e) A registered nurse licensed to practice in this State who has 6
experience in dealing with mental illness or intellectual disabilities, 7
or both, from a list of three candidates submitted by the Nevada 8
Nurses Association; 9
(f) A marriage and family therapist or clinical professional 10
counselor licensed pursuant to chapter 641A of NRS; 11
(g) A person who is licensed or certified pursuant to chapter 12
641C of NRS who is not an intern; 13
(h) A current or former recipient of mental health services 14
provided by the State or any agency thereof; 15
(i) A representative of the general public who has a special 16
interest in the field of mental health; and 17
(j) A representative of the general public who has a special 18
interest in the field of intellectual disabilities. 19
3. The Governor shall appoint the Chair of the Commission 20
from among its members. 21
4. After the initial terms, each member shall serve a term of 4 22
years. If a vacancy occurs during a member’s term, the Governor 23
shall appoint a person qualified under this section to replace that 24
member for the remainder of the unexpired term. 25
5. A person may not serve concurrently as a member of the 26
Commission and a member of the Board of [Psychological 27
Examiners, the Board of Examiners for Marriage and Family 28
Therapists and Clinical Professional Counselors, the Board of 29
Examiners for Social Workers or the Board of Examiners for 30
Alcohol, Drug and Gambling Counselors.] Behavioral Health 31
Professionals or any Advisory Committee created by or pursuant 32
to the chapter consisting of sections 59 to 78, inclusive, of this act. 33
Sec. 35. NRS 232.8415 is hereby amended to read as follows: 34
232.8415 1. The Office of Nevada Boards, Commissions and 35
Councils Standards shall be responsible for: 36
(a) Centralized administration; 37
(b) A uniform set of standards for investigations, licensing 38
and discipline, including, without limitation, separating the roles and 39
responsibilities for occupational licensure from the roles and 40
responsibilities for occupational discipline; 41
(c) A uniform set of standards for internal controls; 42
(d) A uniform set of standards for legal representation; 43
(e) A consistent set of structural standards for boards and 44
commissions; 45
– 26 –
- *SB425*
(f) Transparency and consumer protection; and 1
(g) Efficacy and efficiency. 2
2. To the extent permitted by the Nevada Constitution and 3
federal law, all professional and occupational licensing boards 4
created by the Legislature shall be under the purview of the Office, 5
including, without limitation: 6
(a) The Nevada State Board of Accountancy created by 7
NRS 628.035. 8
(b) The Board of [Examiners for Alcohol, Drug and Gambling 9
Counselors] Behavioral Health Professionals created by [NRS 10
641C.150.] section 63 of this act. 11
(c) The State Board of Architecture, Interior Design and 12
Residential Design created by NRS 623.050. 13
(d) The Board of Athletic Trainers created by NRS 640B.170. 14
(e) The State Barbers’ Health and Sanitation Board created by 15
NRS 643.020. 16
(f) [The Board of Applied Behavior Analysis created by 17
NRS 641D.200. 18
(g)] The Chiropractic Physicians’ Board of Nevada created by 19
NRS 634.020. 20
[(h)] (g) The State Contractors’ Board created by NRS 624.040. 21
[(i)] (h) The Commission on Construction Education created by 22
NRS 624.570. 23
[(j)] (i) The State Board of Cosmetology created by 24
NRS 644A.200. 25
[(k)] (j) The Certified Court Reporters’ Board of Nevada 26
created by NRS 656.040. 27
[(l)] (k) The Board of Dental Examiners of Nevada created by 28
NRS 631.120. 29
[(m)] (l) The Committee on Dental Hygiene and Dental 30
Therapy created by NRS 631.205. 31
[(n)] (m) The State Board of Professional Engineers and Land 32
Surveyors created by NRS 625.100. 33
[(o)] (n) The Nevada Funeral and Cemetery Services Board 34
created by NRS 642.020. 35
[(p)] (o) The Nevada Board of Homeopathic Medical 36
Examiners created pursuant to NRS 630A.100. 37
[(q)] (p) The State Board of Landscape Architecture created by 38
NRS 623A.080. 39
[(r) The Board of Examiners for Marriage and Family Therapists 40
and Clinical Professional Counselors created by NRS 641A.090. 41
(s)] (q) The Board of Massage Therapy created by 42
NRS 640C.150. 43
[(t)] (r) The Board of Medical Examiners created pursuant to 44
NRS 630.050. 45
– 27 –
- *SB425*
[(u)] (s) The State Board of Nursing created by NRS 632.020. 1
[(v)] (t) The Advisory Committee on Nursing Assistants and 2
Medication Aides created by NRS 632.072. 3
[(w)] (u) The Board of Occupational Therapy created by 4
NRS 640A.080. 5
[(x)] (v) The Board of Dispensing Opticians created by 6
NRS 637.030. 7
[(y)] (w) The Nevada State Board of Optometry created by 8
NRS 636.030. 9
[(z)] (x) The State Board of Oriental Medicine created by 10
NRS 634A.030. 11
[(aa)] (y) The State Board of Osteopathic Medicine created 12
pursuant to NRS 633.181. 13
[(bb)] (z) The Commission on Postsecondary Education created 14
by NRS 394.383. 15
[(cc)] (aa) The State Board of Pharmacy created by 16
NRS 639.020. 17
[(dd)] (bb) The Nevada Physical Therapy Board created by 18
NRS 640.030. 19
[(ee)] (cc) The State Board of Podiatry created by 20
NRS 635.020. 21
[(ff)] (dd) The Private Investigator’s Licensing Board created 22
by NRS 648.020. 23
[(gg) The Board of Psychological Examiners created by 24
NRS 641.030. 25
(hh)] (ee) The Board of Environmental Health Specialists 26
created by NRS 625A.030. 27
[(ii) The Board of Examiners for Social Workers created 28
pursuant to NRS 641B.100. 29
(jj)] (ff) The Speech-Language Pathology, Audiology and 30
Hearing Aid Dispensing Board created by NRS 637B.100. 31
[(kk)] (gg) The Nevada State Board of Veterinary Medical 32
Examiners created by NRS 638.020. 33
Sec. 36. NRS 232A.015 is hereby amended to read as follows: 34
232A.015 1. If the Governor must appoint to a board a 35
person who is a member of a profession being regulated by that 36
board, the Governor shall solicit nominees from one or more 37
applicable professional associations in this State. 38
2. To the extent practicable, such an applicable professional 39
association shall provide nominees who represent the geographic 40
diversity of this State. 41
3. The Governor may appoint any qualified person to a board, 42
without regard to whether the person is nominated pursuant to this 43
section. 44
– 28 –
- *SB425*
4. As used in this section, “board” refers to a board created 1
pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 2
637, 637B, 639, 640, 640A, 640B [,] or 640C [, 641, 641A, 641B, 3
641C or 641D] of NRS. 4
Sec. 37. NRS 239.010 is hereby amended to read as follows: 5
239.010 1. Except as otherwise provided in this section and 6
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 7
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 8
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 9
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 10
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 11
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 12
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 13
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 14
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 15
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 16
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 17
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 18
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 19
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 20
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 21
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 22
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 23
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 24
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 25
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 26
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 27
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 28
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 29
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 30
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 31
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 32
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 33
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 34
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 35
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 36
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 37
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 38
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 39
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 40
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 41
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 42
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 43
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 44
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 45
– 29 –
- *SB425*
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 1
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 2
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 3
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 4
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 5
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 6
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 7
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 8
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 9
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 10
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 11
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 12
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 13
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 14
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 15
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 16
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 17
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 18
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 19
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 20
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 21
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 22
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 23
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 24
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 25
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 26
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 27
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 28
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 29
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 30
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 31
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 32
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 33
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, [641.090,] 34
641.221, 641.2215, [641A.191,] 641A.217, 641A.262, [641B.170,] 35
641B.281, 641B.282, 641C.455, [641C.760, 641D.260, 641D.320,] 36
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 37
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 38
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 39
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 40
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 41
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 42
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 43
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 44
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 45
– 30 –
- *SB425*
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 1
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 2
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 3
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 4
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 5
711.600, and section 67 of this act, sections 35, 38 and 41 of 6
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, 7
Statutes of Nevada 2013 and unless otherwise declared by law to be 8
confidential, all public books and public records of a governmental 9
entity must be open at all times during office hours to inspection by 10
any person, and may be fully copied or an abstract or memorandum 11
may be prepared from those public books and public records. Any 12
such copies, abstracts or memoranda may be used to supply the 13
general public with copies, abstracts or memoranda of the records or 14
may be used in any other way to the advantage of the governmental 15
entity or of the general public. This section does not supersede or in 16
any manner affect the federal laws governing copyrights or enlarge, 17
diminish or affect in any other manner the rights of a person in any 18
written book or record which is copyrighted pursuant to federal law. 19
2. A governmental entity may not reject a book or record 20
which is copyrighted solely because it is copyrighted. 21
3. A governmental entity that has legal custody or control of a 22
public book or record shall not deny a request made pursuant to 23
subsection 1 to inspect or copy or receive a copy of a public book or 24
record on the basis that the requested public book or record contains 25
information that is confidential if the governmental entity can 26
redact, delete, conceal or separate, including, without limitation, 27
electronically, the confidential information from the information 28
included in the public book or record that is not otherwise 29
confidential. 30
4. If requested, a governmental entity shall provide a copy of a 31
public record in an electronic format by means of an electronic 32
medium. Nothing in this subsection requires a governmental entity 33
to provide a copy of a public record in an electronic format or by 34
means of an electronic medium if: 35
(a) The public record: 36
(1) Was not created or prepared in an electronic format; and 37
(2) Is not available in an electronic format; or 38
(b) Providing the public record in an electronic format or by 39
means of an electronic medium would: 40
(1) Give access to proprietary software; or 41
(2) Require the production of information that is confidential 42
and that cannot be redacted, deleted, concealed or separated from 43
information that is not otherwise confidential. 44
– 31 –
- *SB425*
5. An officer, employee or agent of a governmental entity who 1
has legal custody or control of a public record: 2
(a) Shall not refuse to provide a copy of that public record in the 3
medium that is requested because the officer, employee or agent has 4
already prepared or would prefer to provide the copy in a different 5
medium. 6
(b) Except as otherwise provided in NRS 239.030, shall, upon 7
request, prepare the copy of the public record and shall not require 8
the person who has requested the copy to prepare the copy himself 9
or herself. 10
Sec. 38. NRS 284.013 is hereby amended to read as follows: 11
284.013 1. Except as otherwise provided in subsection 4, this 12
chapter does not apply to: 13
(a) Agencies, bureaus, commissions, officers or personnel in the 14
Legislative Department or the Judicial Department of State 15
Government, including the Commission on Judicial Discipline; 16
(b) Any person who is employed by a board, commission, 17
committee or council created in chapters 445C, 590, 623 to 625A, 18
inclusive, 628, 630 to [644A,] 640E, inclusive, 642, 643, 644A, 648, 19
652, 654 and 656 of NRS; or 20
(c) Officers or employees of any agency of the Executive 21
Department of the State Government who are exempted by specific 22
statute. 23
2. Except as otherwise provided in subsection 3, the terms and 24
conditions of employment of all persons referred to in subsection 1, 25
including salaries not prescribed by law and leaves of absence, 26
including, without limitation, annual leave and sick and disability 27
leave, must be fixed by the appointing or employing authority 28
within the limits of legislative appropriations or authorizations. 29
3. Except as otherwise provided in this subsection, leaves of 30
absence prescribed pursuant to subsection 2 must not be of lesser 31
duration than those provided for other state officers and employees 32
pursuant to the provisions of this chapter. The provisions of this 33
subsection do not govern the Legislative Commission with respect 34
to the personnel of the Legislative Counsel Bureau. 35
4. Any board, commission, committee or council created in 36
chapters 445C, 590, 623 to 625A, inclusive, 628, 630 to [644A,] 37
640E, inclusive, 642, 643, 644A, 648, 652, 654 and 656 of NRS 38
which contracts for the services of a person, shall require the 39
contract for those services to be in writing. The contract must be 40
approved by the State Board of Examiners before those services 41
may be provided. 42
5. Except as otherwise provided in NRS 284.4086, to the 43
extent that they are inconsistent or otherwise in conflict, the 44
provisions of this chapter do not apply to any terms and conditions 45
– 32 –
- *SB425*
of employment that are properly within the scope of and subject to 1
the provisions of a collective bargaining agreement or a 2
supplemental bargaining agreement that is enforceable pursuant to 3
the provisions of NRS 288.400 to 288.630, inclusive. 4
Sec. 39. NRS 353.005 is hereby amended to read as follows: 5
353.005 Except as otherwise provided in NRS 353.007, the 6
provisions of this chapter do not apply to boards created by the 7
provisions of NRS 590.485 and chapters 623 to 625A, inclusive, 8
628, 630 to [644A,] 640E, inclusive, 642, 643, 644A, 648, 654 and 9
656 of NRS and the officers and employees of those boards. 10
Sec. 40. NRS 353A.020 is hereby amended to read as follows: 11
353A.020 1. The Director, in consultation with the 12
Committee and Legislative Auditor, shall adopt a uniform system of 13
internal accounting and administrative control for agencies. The 14
elements of the system must include, without limitation: 15
(a) A plan of organization which provides for a segregation of 16
duties appropriate to safeguard the assets of the agency; 17
(b) A plan which limits access to assets of the agency to persons 18
who need the assets to perform their assigned duties; 19
(c) Procedures for authorizations and recordkeeping which 20
effectively control accounting of assets, liabilities, revenues and 21
expenses; 22
(d) A system of practices to be followed in the performance of 23
the duties and functions of each agency; and 24
(e) An effective system of internal review. 25
2. The Director, in consultation with the Committee and 26
Legislative Auditor, may modify the system whenever the Director 27
considers it necessary. 28
3. Each agency shall develop written procedures to carry out 29
the system of internal accounting and administrative control adopted 30
pursuant to this section. 31
4. For the purposes of this section, “agency” does not include: 32
(a) A board created by the provisions of NRS 590.485 and 33
chapters 623 to 625A, inclusive, 628, 630 to [644A,] 640E, 34
inclusive, 642, 643, 644A, 648, 654 and 656 of NRS. 35
(b) The Nevada System of Higher Education. 36
(c) The Public Employees’ Retirement System. 37
(d) The Housing Division of the Department of Business and 38
Industry. 39
(e) The Colorado River Commission of Nevada. 40
Sec. 41. NRS 353A.025 is hereby amended to read as follows: 41
353A.025 1. The head of each agency shall periodically 42
review the agency’s system of internal accounting and 43
administrative control to determine whether it is in compliance with 44
– 33 –
- *SB425*
the uniform system of internal accounting and administrative control 1
for agencies adopted pursuant to subsection 1 of NRS 353A.020. 2
2. On or before July 1 of each even-numbered year, the head of 3
each agency shall report to the Director whether the agency’s 4
system of internal accounting and administrative control is in 5
compliance with the uniform system adopted pursuant to subsection 6
1 of NRS 353A.020. The reports must be made available for 7
inspection by the members of the Legislature. 8
3. For the purposes of this section, “agency” does not include: 9
(a) A board created by the provisions of NRS 590.485 and 10
chapters 623 to 625A, inclusive, 628, 630 to [644A,] 640E, 11
inclusive, 642, 643, 644A, 648, 654 and 656 of NRS. 12
(b) The Nevada System of Higher Education. 13
(c) The Public Employees’ Retirement System. 14
(d) The Housing Division of the Department of Business and 15
Industry. 16
(e) The Colorado River Commission of Nevada. 17
4. The Director shall, on or before the first Monday in 18
February of each odd-numbered year, submit a report on the status 19
of internal accounting and administrative controls in agencies to the: 20
(a) Director of the Legislative Counsel Bureau for transmittal to 21
the: 22
(1) Senate Standing Committee on Finance; and 23
(2) Assembly Standing Committee on Ways and Means; 24
(b) Governor; and 25
(c) Legislative Auditor. 26
5. The report submitted by the Director pursuant to subsection 27
4 must include, without limitation: 28
(a) The identification of each agency that has not complied with 29
the requirements of subsections 1 and 2; 30
(b) The identification of each agency that does not have an 31
effective method for reviewing its system of internal accounting and 32
administrative control; and 33
(c) The identification of each agency that has weaknesses in its 34
system of internal accounting and administrative control, and the 35
extent and types of such weaknesses. 36
Sec. 42. NRS 353A.045 is hereby amended to read as follows: 37
353A.045 The Administrator shall: 38
1. Report to the Director. 39
2. Develop long-term and annual work plans to be based on the 40
results of periodic documented risk assessments. The annual work 41
plan must list the agencies to which the Division will provide 42
training and assistance and be submitted to the Director for 43
approval. Such agencies must not include: 44
– 34 –
- *SB425*
(a) A board created by the provisions of NRS 590.485 and 1
chapters 623 to 625A, inclusive, 628, 630 to [644A,] 640E, 2
inclusive, 642, 643, 644A, 648, 654 and 656 of NRS. 3
(b) The Nevada System of Higher Education. 4
(c) The Public Employees’ Retirement System. 5
(d) The Housing Division of the Department of Business and 6
Industry. 7
(e) The Colorado River Commission of Nevada. 8
3. Provide a copy of the approved annual work plan to the 9
Legislative Auditor. 10
4. In consultation with the Director, prepare a plan for auditing 11
executive branch agencies for each fiscal year and present the plan 12
to the Committee for its review and approval. Each plan for auditing 13
must: 14
(a) State the agencies which will be audited, the proposed scope 15
and assignment of those audits and the related resources which will 16
be used for those audits; and 17
(b) Ensure that the internal accounting, administrative controls 18
and financial management of each agency are reviewed periodically. 19
5. Perform the audits of the programs and activities of the 20
agencies in accordance with the plan approved pursuant to 21
subsection 5 of NRS 353A.038 and prepare audit reports of his or 22
her findings. 23
6. Review each agency that is audited pursuant to subsection 5 24
and advise those agencies concerning internal accounting, 25
administrative controls and financial management. 26
7. Submit to each agency that is audited pursuant to subsection 27
5 analyses, appraisals and recommendations concerning: 28
(a) The adequacy of the internal accounting and administrative 29
controls of the agency; and 30
(b) The efficiency and effectiveness of the management of the 31
agency. 32
8. Report any possible abuses, illegal actions, errors, omissions 33
and conflicts of interest of which the Division becomes aware 34
during the performance of an audit. 35
9. Adopt the standards of The Institute of Internal Auditors for 36
conducting and reporting on internal audits. 37
10. Consult with the Legislative Auditor concerning the plan 38
for auditing and the scope of audits to avoid duplication of effort 39
and undue disruption of the functions of agencies that are audited 40
pursuant to subsection 5. 41
Sec. 43. NRS 391.0349 is hereby amended to read as follows: 42
391.0349 1. Each school counselor and school psychologist 43
shall complete continuing education as determined by the 44
Commission. 45
– 35 –
- *SB425*
2. The Commission shall adopt regulations establishing 1
continuing education requirements for school counselors and school 2
psychologists. The regulations must include, without limitation, the 3
amount of continuing education a school counselor or school 4
psychologist must complete pursuant to subsection 1. 5
3. Each school social worker shall complete continuing 6
education as determined by the Board of [Examiners for Social 7
Workers.] Behavioral Health Professionals. 8
4. The Board of [Examiners for Social Workers] Behavioral 9
Health Professionals shall adopt regulations establishing continuing 10
education requirements for school social workers. The regulations 11
must include, without limitation, the amount of continuing 12
education a school social worker must complete pursuant to 13
subsection 3. 14
Sec. 44. NRS 396.898 is hereby amended to read as follows: 15
396.898 The Board of Regents may: 16
1. Receive, invest, disburse and account for all money received 17
for the program. 18
2. Report to the Governor and the Legislature before 19
September 1 of any year preceding a regular session of the 20
Legislature, setting forth in detail the transactions conducted by it 21
during the biennium ending June 30 of such year. 22
3. Make recommendations for any legislative action deemed by 23
it advisable. 24
4. Consult with and request the assistance of the Director of 25
the State Office of Health Care Workforce and Licensing of the 26
Division of Public and Behavioral Health of the Department of 27
Health and Human Services for any purpose relating to the 28
establishment or implementation of any program pursuant to NRS 29
396.890 to 396.898, inclusive. 30
Sec. 45. NRS 396.902 is hereby amended to read as follows: 31
396.902 The University of Nevada School of Medicine may: 32
1. Apply for any matching money available for the program 33
from the Federal Government. 34
2. Adopt regulations necessary to carry out the provisions of 35
NRS 396.899 to 396.903, inclusive. 36
3. Receive, invest, disburse and account for all money received 37
from the Federal Government or any other source for this program. 38
4. Consult with and request the assistance of the Director of 39
the State Office of Health Care Workforce and Licensing of the 40
Division of Public and Behavioral Health of the Department of 41
Health and Human Services for any purpose relating to the 42
Nevada Health Service Corps. 43
– 36 –
- *SB425*
Sec. 46. NRS 396.905 is hereby amended to read as follows: 1
396.905 1. Any gift, donation, bequest, grant or other source 2
of money received by the University of Nevada School of Medicine 3
for the development of an obstetrical access program may be used 4
to: 5
[1.] (a) Provide financial support and education to faculty and 6
residents in the Departments of Family and Community Medicine 7
and Obstetrics and Gynecology within the University of Nevada 8
School of Medicine and to expand the clinical services provided by 9
such faculty and residents in areas and to populations that need 10
obstetrical services. 11
[2.] (b) Provide money to Nevada Health Centers, Inc., or its 12
successor, to expand the clinical prenatal and obstetrical practice 13
base of community health center clinics and to provide uninsured, 14
underinsured and Medicaid patients with increased access to clinical 15
prenatal and obstetrical care. 16
[3.] (c) Establish a fund that allows practicing community 17
providers of prenatal care that are participating in the obstetrical 18
access program to draw upon money to partially compensate them 19
for providing care to patients who have no access to clinical care 20
because of their financial status. 21
[4.] (d) Develop a database of clinical practitioners providing 22
prenatal or obstetrical services throughout the State to monitor and 23
analyze: 24
[(a)] (1) The relationship between declining services and the 25
supply and distribution of appropriate providers of health care; 26
[(b)] (2) The impact of access to care issues on pregnant 27
women, including, without limitation, poor birth outcomes which 28
result from lack of access to care, the financial impact of such poor 29
birth outcomes and the effects of receiving inadequate prenatal care; 30
and 31
[(c)] (3) The impact of adverse judicial decisions on the 32
delivery of obstetrical services. 33
[5.] (e) Subsidize malpractice costs for clinical providers of 34
prenatal care who maintain at least 30 percent or more of prenatal or 35
obstetrical patients in their practice who are uninsured, underinsured 36
or insured by Medicaid, or who use a sliding fee scale based on a 37
patient’s financial resources when charging for such services. The 38
subsidy must be calculated based on the number of qualified clinical 39
providers of prenatal care, the proportion of financially 40
compromised patients served by such providers and the total amount 41
of money available for subsidies. 42
2. The University of Nevada School of Medicine may consult 43
with and request the assistance of the Director of the State Office 44
of Health Care Workforce and Licensing of the Division of Public 45
– 37 –
- *SB425*
and Behavioral Health of the Department of Health and Human 1
Services for any purpose relating to the implementation of the 2
provisions of this section. 3
Sec. 47. NRS 396.906 is hereby amended to read as follows: 4
396.906 1. The Nevada Office of Rural Health is hereby 5
established within the University of Nevada School of Medicine to 6
administer matters relating to the delivery of health care services to 7
rural and frontier areas in this state. The Nevada Office of Rural 8
Health shall: 9
(a) Evaluate the need for programs concerning the delivery of 10
health care services to rural and frontier areas in this state and make 11
recommendations to the University of Nevada School of Medicine 12
and the Legislature to carry out such programs; and 13
(b) Establish, administer and coordinate programs which affect 14
the delivery of health care services to rural and frontier areas in this 15
state, including, without limitation, programs relating to: 16
(1) The education and training of providers of health care 17
who provide services in rural and frontier areas; 18
(2) The needs of rural and frontier areas for health care 19
services and the manner in which such health care services may be 20
effectively delivered; 21
(3) The delivery of health care services to rural and frontier 22
areas; 23
(4) The financing of the delivery of health care services to 24
rural and frontier areas; or 25
(5) The collection of data necessary for the Nevada Office of 26
Rural Health to carry out its duties concerning the delivery of health 27
care services to rural and frontier areas. 28
2. Any gift, donation, bequest, grant or other source of money 29
received by the Nevada Office of Rural Health may be used to carry 30
out the provisions of this section. 31
3. The Nevada Office of Rural Health or the University of 32
Nevada School of Medicine may consult with and request the 33
assistance of the Director of the State Office of Health Care 34
Workforce and Licensing of the Division of Public and Behavioral 35
Health of the Department of Health and Human Services for any 36
purpose relating to the duties prescribed by this section. 37
Sec. 48. NRS 396.907 is hereby amended to read as follows: 38
396.907 1. The Area Health Education Center Program is 39
hereby established within the University of Nevada School of 40
Medicine to support education and training programs for students 41
studying to become practitioners, or residents or practitioners who 42
will provide or are providing health care services in medically 43
underserved areas in this state, including urban and rural areas. The 44
Area Health Education Center Program shall: 45
– 38 –
- *SB425*
(a) Assist the area health education centers within Nevada in 1
providing: 2
(1) Career opportunities in health care; 3
(2) Information to practitioners and other providers of health 4
care; 5
(3) Continuing education for practitioners and other 6
providers of health care; and 7
(4) Stipends for the education and training of students 8
studying to become practitioners and residents who will provide or 9
who are providing health care services in medically underserved 10
areas in this state; 11
(b) Assess and develop training programs concerning the 12
appropriate curriculum for primary care and other priority health 13
care services; 14
(c) Enhance the training programs in primary care by providing 15
additional entry-level positions and faculty to increase the 16
availability of practitioners and other providers of health care; 17
(d) Increase the percentage of medical students committing to 18
residencies and careers in primary care; 19
(e) Provide a greater percentage of primary care residents to 20
medically underserved areas in this state; 21
(f) Develop and enhance training programs necessary to address 22
the primary health care needs of persons in this state; and 23
(g) Establish interdisciplinary opportunities for education and 24
training for practitioners and other providers of health care. 25
2. Any gift, donation, bequest, grant or other source of money 26
received by the Area Health Education Center Program may be used 27
to carry out the provisions of this section. 28
3. The Area Health Education Center Program or the 29
University of Nevada School of Medicine may consult with and 30
request the assistance of the Director of the State Office of Health 31
Care Workforce and Licensing of the Division of Public and 32
Behavioral Health of the Department of Health and Human 33
Services for any purpose relating to the duties prescribed by this 34
section. 35
4. As used in this section, “practitioner” has the meaning 36
ascribed to it in NRS 439A.0195. 37
Sec. 49. NRS 396.908 is hereby amended to read as follows: 38
396.908 1. The Medical Education Council of Nevada is 39
hereby established within the University of Nevada School of 40
Medicine to ensure that Nevada has an adequate, well-trained health 41
care workforce to meet the needs of the residents of this State. The 42
Medical Education Council of Nevada shall: 43
(a) Determine the workforce needs for the provision of health 44
care services in this State; 45
– 39 –
- *SB425*
(b) Determine the number and types of positions of employment 1
for which money appropriated to the Medical Education Council of 2
Nevada may be used, including, without limitation, positions for 3
practitioners, other providers of health care and other personnel to 4
staff health care facilities and programs; 5
(c) Investigate and make recommendations to the University of 6
Nevada School of Medicine and the Legislature on the status and 7
needs of practitioners, other providers of health care and other 8
personnel of health care facilities or programs; 9
(d) Determine a method for reimbursing institutions that sponsor 10
practitioners, other providers of health care or other personnel of 11
health care facilities or programs; 12
(e) To the extent authorized by federal law, prepare and submit a 13
formal application to the Centers for Medicare and Medicaid 14
Services of the United States Department of Health and Human 15
Services for the purpose of receiving and dispersing federal money 16
for graduate medical education expenses; 17
(f) Distribute a portion of any money it receives for graduate 18
medical education expenses in a manner that: 19
(1) Prepares postgraduate medical and dental residents, as 20
defined by the Accreditation Council for Graduate Medical 21
Education, to provide inpatient, outpatient and hospital services in 22
various communities and in geographically diverse settings; 23
(2) Encourages the coordination of interdisciplinary clinical 24
training by practitioners and other providers of health care to such 25
postgraduate medical and dental residents; and 26
(3) Promotes funding for accredited clinical training 27
programs provided by practitioners or other providers of health care 28
to such postgraduate medical and dental residents; 29
(g) Apply for grants, gifts and donations from public and private 30
sources, including the Federal Government, to carry out the 31
objectives of the Medical Education Council of Nevada; 32
(h) Initiate a cooperative agreement with the Department of 33
Health and Human Services to promote the intergovernmental 34
transfer of money for the purposes of receiving and dispersing 35
money to carry out the objectives of the Medical Education Council 36
of Nevada; and 37
(i) Distribute additional financial resources to training programs 38
for practitioners, other providers of health care or other personnel of 39
health care facilities or programs in the State. 40
2. Any gift, donation, bequest, grant or other source of money 41
received by the Medical Education Council of Nevada may be used 42
to carry out the provisions of this section. 43
3. The Medical Education Council of Nevada or the 44
University of Nevada School of Medicine may consult with and 45
– 40 –
- *SB425*
request the assistance of the Director of the State Office of Health 1
Care Workforce and Licensing of the Division of Public and 2
Behavioral Health of the Department of Health and Human 3
Services for any purpose relating to the duties prescribed by this 4
section. 5
4. As used in this section, “practitioner” has the meaning 6
ascribed to it in NRS 439A.0195. 7
Sec. 50. NRS 433A.162 is hereby amended to read as follows: 8
433A.162 1. A public or private mental health facility or 9
hospital may admit a person who has been placed on a mental health 10
crisis hold under an emergency admission if: 11
(a) After conducting an examination pursuant to NRS 433A.165, 12
a physician, physician assistant or advanced practice registered 13
nurse determines that the person does not have a medical condition, 14
other than a psychiatric condition, which requires immediate 15
treatment; 16
(b) A psychologist, a physician, a physician assistant under the 17
supervision of a psychiatrist, a clinical social worker who has the 18
psychiatric training and experience prescribed by the Board of 19
[Examiners for Social Workers] Behavioral Health Professionals 20
pursuant to NRS 641B.160 or an advanced practice registered nurse 21
who has the psychiatric training and experience prescribed by the 22
State Board of Nursing pursuant to NRS 632.120, who is employed 23
by the public or private mental health facility or hospital completes 24
a certificate pursuant to NRS 433A.170; 25
(c) A psychiatrist or a psychologist or, if a psychiatrist or a 26
psychologist is not available, a physician or an advanced practice 27
registered nurse who has the training and experience prescribed by 28
the State Board of Nursing pursuant to NRS 632.120, evaluates the 29
person at the time of admission and determines that the person is a 30
person in a mental health crisis; and 31
(d) A psychiatrist approves the admission. 32
2. The provisions of subsections 2 and 3 of NRS 433A.150 33
continue to apply to a person who is admitted to a public or private 34
mental health facility or hospital under an emergency admission 35
pursuant to this section. 36
Sec. 51. NRS 433A.170 is hereby amended to read as follows: 37
433A.170 Except as otherwise provided in this section, the 38
administrative officer of a facility operated by the Division or of any 39
other public or private mental health facility or hospital shall not 40
accept a person for an emergency admission under NRS 433A.162 41
unless a psychologist, a physician, a physician assistant under the 42
supervision of a psychiatrist, a clinical social worker who has the 43
psychiatric training and experience prescribed by the Board of 44
[Examiners for Social Workers] Behavioral Health Professionals 45
– 41 –
- *SB425*
pursuant to NRS 641B.160 or an advanced practice registered nurse 1
who has the psychiatric training and experience prescribed by the 2
State Board of Nursing pursuant to NRS 632.120 completes a 3
certificate stating that he or she has examined the person alleged to 4
be a person in a mental health crisis and that he or she has 5
concluded that the person is a person in a mental health crisis. The 6
certificate required by this section may be obtained from a 7
psychologist, physician, physician assistant, clinical social worker 8
or advanced practice registered nurse who is employed by the public 9
or private mental health facility or hospital to which the person 10
alleged to be a person in a mental health crisis is to be admitted. 11
Sec. 52. NRS 433A.195 is hereby amended to read as follows: 12
433A.195 1. A licensed physician on the medical staff of a 13
facility operated by the Division or of any other public or private 14
mental health facility or hospital may release a person from a mental 15
health crisis hold upon completion of a certificate which meets the 16
requirements of NRS 433A.197 signed by a licensed physician on 17
the medical staff of the facility or hospital, a physician assistant 18
under the supervision of a psychiatrist, psychologist, a clinical social 19
worker who has the psychiatric training and experience prescribed 20
by the Board of [Examiners for Social Workers] Behavioral Health 21
Professionals pursuant to NRS 641B.160 or an advanced practice 22
registered nurse who has the psychiatric training and experience 23
prescribed by the State Board of Nursing pursuant to NRS 632.120 24
stating that he or she has personally observed and examined the 25
person and that he or she has concluded that the person is not a 26
person in a mental health crisis. 27
2. A psychologist, a physician, a physician assistant under the 28
supervision of a psychiatrist, a clinical social worker who has the 29
psychiatric training and experience prescribed by the Board of 30
[Examiners for Social Workers] Behavioral Health Professionals 31
pursuant to NRS 641B.160 or an advanced practice registered nurse 32
who has the psychiatric training and experience prescribed by the 33
State Board of Nursing pursuant to NRS 632.120 on the medical 34
staff of a facility operated by the Division or of any other public or 35
private mental health facility or hospital who has personally 36
assessed an unemancipated person who is less than 18 years of age 37
after the person was placed on a mental health crisis hold may 38
release the person from the hold if the parent or guardian of the 39
person agrees to treatment or accepts physical custody of the person. 40
Sec. 53. NRS 433A.200 is hereby amended to read as follows: 41
433A.200 1. Except as otherwise provided in NRS 42
432B.6075 and 432B.60814, a proceeding for an involuntary court-43
ordered admission of any person in the State of Nevada may be 44
commenced by the filing of a petition for the involuntary admission 45
– 42 –
- *SB425*
to a mental health facility with the clerk of the district court of the 1
county where the person who is to be treated resides or the county 2
where a mental health facility that is willing to admit the person is 3
located. The petition may be filed by any physician, physician 4
assistant, psychologist, social worker or registered nurse or by any 5
officer authorized to make arrests in the State of Nevada. The 6
petition must be accompanied: 7
(a) By a certificate of a physician, a psychologist, a physician 8
assistant under the supervision of a psychiatrist, a clinical social 9
worker who has the psychiatric training and experience prescribed 10
by the Board of [Examiners for Social Workers] Behavioral Health 11
Professionals pursuant to NRS 641B.160 or an advanced practice 12
registered nurse who has the psychiatric training and experience 13
prescribed by the State Board of Nursing pursuant to NRS 632.120 14
stating that he or she has examined the person alleged to be a person 15
in a mental health crisis and has concluded that the person is a 16
person in a mental health crisis; or 17
(b) By a sworn written statement by the petitioner that: 18
(1) The petitioner has, based upon the petitioner’s personal 19
observation of the person alleged to be a person in a mental health 20
crisis, probable cause to believe that the person is a person in a 21
mental health crisis and the person alleged to be a person in a mental 22
health crisis has refused to submit to examination or treatment by a 23
physician, psychiatrist, psychologist or advanced practice registered 24
nurse who has the psychiatric training and experience prescribed by 25
the State Board of Nursing pursuant to NRS 632.120; or 26
(2) The person alleged to be a person in a mental health crisis 27
has been placed on a mental health crisis hold pursuant to NRS 28
433A.160 and the physician, physician assistant or advanced 29
practice registered nurse who examined the person alleged to be a 30
person with a mental health crisis pursuant to NRS 433A.165 31
determined that the person has a medical condition, other than a 32
psychiatric condition, which requires immediate treatment. 33
2. Except as otherwise provided in NRS 432B.6075 and 34
432B.60814, if the person to be treated is an unemancipated minor 35
and the petitioner is a person other than a parent or guardian of the 36
minor, a petition submitted pursuant to subsection 1 must, in 37
addition to the certificate or statement required by that subsection, 38
include a statement signed by a parent or guardian of the minor that 39
the parent or guardian does not object to the filing of the petition. 40
Sec. 54. NRS 433A.335 is hereby amended to read as follows: 41
433A.335 1. A proceeding for an order requiring any person 42
in the State of Nevada to receive assisted outpatient treatment may 43
be commenced by the filing of a petition for such an order with the 44
– 43 –
- *SB425*
clerk of the district court of the county where the person who is to 1
be treated is present. The petition may be filed by: 2
(a) Any person who is at least 18 years of age and resides with 3
the person to be treated; 4
(b) The spouse, parent, adult sibling, adult child or legal 5
guardian of the person to be treated; 6
(c) A physician, physician assistant, psychologist, social worker 7
or registered nurse who is providing care to the person to be treated; 8
(d) The Administrator or his or her designee; or 9
(e) The medical director of a division facility in which the 10
person is receiving treatment or the designee of the medical director 11
of such a division facility. 12
2. A proceeding to require a person who is the defendant in a 13
criminal proceeding in the district court to receive assisted 14
outpatient treatment may be commenced: 15
(a) By the district court: 16
(1) On its own motion; 17
(2) By motion of the defendant or the district attorney; or 18
(3) After a justice court or a municipal court, upon approval 19
of the district court, transfers original jurisdiction to the district 20
court of a case involving a defendant who is eligible to receive 21
assisted outpatient treatment pursuant to this section; and 22
(b) If: 23
(1) The defendant has been examined in accordance with 24
NRS 178.415; 25
(2) The defendant is not eligible for commitment to the 26
custody of the Administrator pursuant to NRS 178.461; and 27
(3) The Division makes a clinical determination that assisted 28
outpatient treatment is appropriate for the defendant. 29
3. A petition filed pursuant to subsection 1 or a motion made 30
pursuant to subsection 2 must allege the following concerning the 31
person to be treated: 32
(a) The person is at least 18 years of age. 33
(b) The person has a mental illness. 34
(c) The person has a history of poor compliance with treatment 35
for his or her mental illness that has resulted in at least one of the 36
following circumstances: 37
(1) At least twice during the immediately preceding 48 38
months, poor compliance with mental health treatment has been a 39
significant factor in causing the person to be hospitalized or receive 40
services in the behavioral health unit of a detention facility or 41
correctional facility. The 48-month period described in this 42
subparagraph must be extended by any amount of time that the 43
person has been hospitalized, incarcerated or detained during that 44
period. 45
– 44 –
- *SB425*
(2) Poor compliance with mental health treatment has been a 1
significant factor in causing the person to commit, attempt to 2
commit or threaten to commit serious physical harm to himself or 3
herself or others during the immediately preceding 48 months. The 4
48-month period described in this subparagraph must be extended 5
by any amount of time that the person has been hospitalized, 6
incarcerated or detained during that period. 7
(3) Poor compliance with mental health treatment has 8
resulted in the person being hospitalized, incarcerated or detained 9
for a cumulative period of at least 6 months and the person: 10
(I) Is scheduled to be discharged or released from such 11
hospitalization, incarceration or detention during the 30 days 12
immediately following the date of the petition; or 13
(II) Has been discharged or released from such 14
hospitalization, incarceration or detention during the 60 days 15
immediately preceding the date of the petition. 16
(d) Because of his or her mental illness, the person is unwilling 17
or unlikely to voluntarily participate in outpatient treatment that 18
would enable the person to live safely in the community without the 19
supervision of the court. 20
(e) Assisted outpatient treatment is the least restrictive 21
appropriate means to prevent further disability or deterioration that 22
would result in the person becoming a person in a mental health 23
crisis. 24
4. A petition filed pursuant to subsection 1 or a motion made 25
pursuant to subsection 2 must be accompanied by: 26
(a) A sworn statement or a declaration that complies with the 27
provisions of NRS 53.045 by a physician, a psychologist, a 28
physician assistant under the supervision of a psychiatrist, a clinical 29
social worker who has the psychiatric training and experience 30
prescribed by the Board of [Examiners for Social Workers] 31
Behavioral Health Professionals pursuant to NRS 641B.160 or an 32
advanced practice registered nurse who has the psychiatric training 33
and experience prescribed by the State Board of Nursing pursuant to 34
NRS 632.120, stating that he or she: 35
(1) Evaluated the person who is the subject of the petition or 36
motion not earlier than 10 days before the filing of the petition or 37
making of the motion; 38
(2) Recommends that the person be ordered to receive 39
assisted outpatient treatment; and 40
(3) Is willing and able to testify at a hearing on the petition or 41
motion; and 42
(b) A sworn statement or a declaration that complies with the 43
provisions of NRS 53.045 from a person professionally qualified in 44
the field of psychiatric mental health stating that he or she is willing 45
– 45 –
- *SB425*
to provide assisted outpatient treatment for the person in the county 1
where the person resides. 2
5. A copy of the petition filed pursuant to subsection 1 or the 3
motion made pursuant to subsection 2 must be served upon the 4
person who is the subject of the petition or motion or his or her 5
counsel and, if applicable, his or her legal guardian. 6
Sec. 55. NRS 484C.300 is hereby amended to read as follows: 7
484C.300 1. Before sentencing an offender for a violation of 8
NRS 484C.110 or 484C.120 that is punishable as a felony pursuant 9
to NRS 484C.400 or 484C.410, other than an offender who has been 10
evaluated pursuant to NRS 484C.340, or a violation of NRS 11
484C.130 or 484C.430, the court shall require that the offender be 12
evaluated to determine whether the offender has an alcohol or other 13
substance use disorder and whether the offender can be treated 14
successfully for the condition. 15
2. The evaluation must be conducted by: 16
(a) An alcohol and drug counselor who is licensed or certified, 17
or a clinical alcohol and drug counselor who is licensed, pursuant to 18
chapter 641C of NRS, to make such an evaluation; 19
(b) A physician who is certified to make such an evaluation by 20
the Board of Medical Examiners; 21
(c) An advanced practice registered nurse who is certified to 22
make such an evaluation by the State Board of Nursing; or 23
(d) A psychologist who is certified to make such an evaluation 24
by the Board of [Psychological Examiners.] Behavioral Health 25
Professionals. 26
3. The alcohol and drug counselor, clinical alcohol and drug 27
counselor, physician, advanced practice registered nurse or 28
psychologist who conducts the evaluation shall immediately forward 29
the results of the evaluation to the Director of the Department of 30
Corrections or, if the offender is assigned to any specialty court or 31
diversionary program, to the court having jurisdiction over the 32
offender. 33
Sec. 56. NRS 488.430 is hereby amended to read as follows: 34
488.430 1. Before sentencing a defendant pursuant to NRS 35
488.420, 488.425 or 488.427, the court shall require that the 36
defendant be evaluated to determine whether the defendant has an 37
alcohol or other substance use disorder and whether the defendant 38
can be treated successfully for his or her condition. 39
2. The evaluation must be conducted by: 40
(a) An alcohol and drug counselor who is licensed or certified, 41
or a clinical alcohol and drug counselor who is licensed, pursuant to 42
chapter 641C of NRS, to make such an evaluation; 43
(b) A physician who is certified to make such an evaluation by 44
the Board of Medical Examiners; or 45
– 46 –
- *SB425*
(c) A psychologist who is certified to make such an evaluation 1
by the Board of [Psychological Examiners.] Behavioral Health 2
Professionals. 3
3. The alcohol and drug counselor, clinical alcohol and drug 4
counselor, physician or psychologist who conducts the evaluation 5
shall immediately forward the results of the evaluation to the 6
Director of the Department of Corrections. 7
Sec. 57. NRS 608.0116 is hereby amended to read as follows: 8
608.0116 “Professional” means pertaining to: 9
1. An employee who is licensed or certified by the State of 10
Nevada for and engaged in the practice of law or any of the 11
professions regulated by chapters 623 to 645, inclusive, and the 12
chapter consisting of sections 59 to 78, inclusive, of this act, 645G 13
and 656A of NRS. 14
2. A creative professional as described in 29 C.F.R. § 541.302 15
who is not an employee of a contractor as that term is defined in 16
NRS 624.020. 17
Sec. 58. Title 54 of NRS is hereby amended by adding thereto 18
a new chapter to consist of the provisions set forth as sections 59 to 19
78, inclusive, of this act. 20
Sec. 59. As used in this chapter, unless the context otherwise 21
requires, the words and terms defined in sections 60, 61 and 62 of 22
this act have the meanings ascribed to them in those sections. 23
Sec. 60. “Board” means the Board of Behavioral Health 24
Professionals created by section 63 of this act. 25
Sec. 61. “Director” means the Director of the Office. 26
Sec. 62. “Office” means the State Office of Health Care 27
Workforce and Licensing established within the Division of Public 28
and Behavioral Health of the Department of Health and Human 29
Services by section 6 of this act. 30
Sec. 63. 1. The Board of Behavioral Health Professionals 31
is hereby created within the Office. 32
2. The Board consists of: 33
(a) Six members appointed by the Director who are licensed to 34
practice in this State as: 35
(1) A psychologist; 36
(2) A marriage and family therapist; 37
(3) A clinical professional counselor; 38
(4) A clinical social worker; 39
(5) A clinical alcohol and drug counselor; or 40
(6) A behavior analyst. 41
(b) Two members appointed by the Director who are who are 42
licensed or certified, as applicable, to practice in this State as: 43
(1) A social worker; 44
(2) A master social worker; 45
– 47 –
- *SB425*
(3) An independent social worker; 1
(4) An alcohol and drug counselor; 2
(5) A problem gambling counselor; or 3
(6) An assistant behavior analyst. 4
(c) Two members appointed by the Director who are not 5
licensed, certified or registered pursuant to chapters 641 to 641D, 6
inclusive, of NRS and who hold a leadership position in: 7
(1) A nonprofit organization that advocates for consumers 8
of behavioral health services; 9
(2) An entity that employs persons licensed pursuant to any 10
of chapters 641 to 641D, inclusive, of NRS; 11
(3) An insurer or other entity that provides coverage for 12
behavioral health services; 13
(4) An institution of higher education that conducts 14
research relating to public health, epidemiology of behavioral 15
health, the economics of health care, the health care workforce or 16
other issues relating to behavioral health; 17
(5) An institution of higher education or other entity that 18
provides the education and training necessary to obtain a license, 19
certification or registration pursuant to any of chapters 641 to 20
641D, inclusive, of NRS; 21
(6) A facility licensed pursuant to chapter 449 of NRS; 22
(7) A foster care agency, as defined in NRS 424.0135; 23
(8) A group foster home, as defined in NRS 424.015; 24
(9) An independent living foster home, as defined in 25
NRS 424.0153; 26
(10) A receiving center, as defined in NRS 424.0175; 27
(11) A child care institution, as defined in NRS 432A.0245; 28
(12) A provider of jobs and day training services, as defined 29
in NRS 435.176; or 30
(13) A provider of supported living arrangement services, 31
as defined in NRS 435.3315. 32
(d) One member appointed by the Director who is: 33
(1) A physician licensed pursuant to chapter 630 or 633 of 34
NRS; 35
(2) A physician assistant licensed pursuant to chapter 630 36
or 633 of NRS; or 37
(3) A professional nurse or practical nurse licensed 38
pursuant to chapter 632 of NRS. 39
(e) One member appointed by the Director of the Department 40
of Health and Human Services as a representative of the 41
Department. 42
3. When appointing the members of the Board described in 43
paragraphs (a), (b) and (d) of subsection 2, the Director shall 44
solicit nominees from one or more applicable professional 45
– 48 –
- *SB425*
associations in this State. To the extent practicable, such an 1
applicable professional association shall provide nominees who 2
represent the geographic diversity of this State. The Director may 3
appoint any qualified person to the Board, without regard to 4
whether the person is nominated pursuant to this subsection. 5
4. After the initial term, the term of each member of the 6
Board is 4 years, and the appointing authority may remove a 7
member for good cause. No member of the Board may serve more 8
than two consecutive terms. Any vacancy occurring in the 9
membership of the Board must be filled in the same manner as the 10
original appointment for the remainder of the unexpired term. 11
Sec. 64. 1. The Board shall hold a regular meeting at least 12
once a year. The Board shall hold a special meeting upon a call of 13
the President or upon the request of a majority of the members. A 14
majority of the Board constitutes a quorum. 15
2. At the regular annual meeting, the Board shall elect from 16
its membership a President and a Secretary-Treasurer, who shall 17
hold office for 1 year and until the election and qualification of 18
their successors. 19
3. In a manner consistent with the provisions of chapter 622A 20
of NRS, the Board may hold hearings and conduct investigations 21
related to its duties under this chapter and chapters 641 to 641D, 22
inclusive, of NRS and take evidence on any matter under inquiry 23
before it. 24
Sec. 65. The Board shall require each new member of the 25
Board to complete orientation within 60 days after his or her 26
appointment to the Board. Such orientation must include, without 27
limitation, instruction concerning: 28
1. The purpose of the Board and the duties of its members; 29
2. Any applicable laws and regulations, including, without 30
limitation, the provisions of chapters 622, 622A, 629 and 641 to 31
641D, inclusive, of NRS, and the importance of complying with 32
applicable laws and regulations in a timely manner; and 33
3. Any requirements relating to managing the finances of the 34
Board. 35
Sec. 66. 1. Each member of the Board is entitled to receive: 36
(a) A salary of not more than $150 per day, as fixed by the 37
Director, while engaged in the business of the Board; and 38
(b) The per diem allowance and travel expenses provided for 39
state officers and employees generally. 40
2. Compensation and expenses of the members of the Board 41
and the persons employed by the Director on behalf of the Board 42
are payable only out of the money derived from fees paid or 43
transmitted to the Board pursuant to the provisions of chapters 44
641 to 641D, inclusive, of NRS. 45
– 49 –
- *SB425*
Sec. 67. 1. The Secretary-Treasurer shall make and keep 1
on behalf of the Board: 2
(a) A record of all its meetings and proceedings. 3
(b) A record of all violations and prosecutions under the 4
provisions of chapters 641 to 641D, inclusive, of NRS. 5
(c) A record of all examinations of applicants. 6
(d) A register of all licenses, certificates and registrations. 7
(e) A register of all holders of licenses, certificates and 8
registrations. 9
(f) An inventory of the property of the Board and of the State 10
in the Board’s possession. 11
2. The records described in subsection 1 must be kept in the 12
office of the Board and, except as otherwise provided in this 13
section, are subject to public inspection during normal working 14
hours upon reasonable notice. 15
3. Except as otherwise provided in NRS 239.0115, the Board 16
may keep the personnel records of applicants confidential. 17
4. Except as otherwise provided in this section and NRS 18
239.0115, a complaint filed with the Board, all documents and 19
other information filed with the complaint and all documents and 20
other information compiled as a result of an investigation 21
conducted to determine whether to initiate disciplinary action 22
against a person are confidential, unless the person submits a 23
written statement to the Board requesting that such documents 24
and information be made public records. 25
5. The charging documents filed with the Board to initiate 26
disciplinary action pursuant to chapter 622A of NRS and all other 27
documents and information considered by the Board when 28
determining whether to impose discipline are public records. 29
6. The provisions of this section do not prohibit the Board 30
from communicating or cooperating with or providing any 31
documents or other information to any other licensing board or 32
any other agency that is investigating a person, including, without 33
limitation, a law enforcement agency. 34
Sec. 68. 1. The Director, on behalf of the Board, may 35
accept any gift, donation, bequest, grant or other source of money 36
for the purpose of carrying out its duties pursuant to this chapter 37
and chapters 641 to 641D, inclusive, of NRS. 38
2. Money received from the licensure, certification and 39
registration of persons pursuant to chapters 641 to 641D, 40
inclusive, of NRS, civil penalties collected pursuant to chapters 41
641 to 641D, inclusive, of NRS and any appropriation, gift, grant, 42
donation or other money received by the Director for purposes 43
relating to the duties of the Board under the provisions of this 44
chapter and chapters 641 to 641D, inclusive, of NRS must be 45
– 50 –
- *SB425*
forwarded to the State Treasurer for deposit in the State General 1
Fund to the credit of the Office. Such money must be: 2
(a) Accounted for separately in the State General Fund; and 3
(b) Used exclusively for payment of compensation and 4
expenses of the members of the Board and persons employed by 5
the Director on behalf of the Board, the per diem and travel 6
allowance for members of the Advisory Committees created by 7
sections 71, 73 and 75 of this act and for any other necessary 8
purpose in the administration of this chapter and chapters 641 to 9
641D, inclusive, of NRS. 10
Sec. 69. 1. The Director, on behalf of the Board, may: 11
(a) Maintain offices in as many localities in the State as it 12
considers necessary to carry out the provisions of this chapter and 13
chapters 641 to 641D, inclusive, of NRS. 14
(b) Employ attorneys, investigators, consultants, hearing 15
officers and employees necessary to the discharge of the duties of 16
the Board. 17
2. The Director, on behalf of the Board, may contract with 18
any appropriate public or private agency, organization or 19
institution in order to carry out the provisions of this chapter and 20
chapters 641 to 641D, inclusive, of NRS. The purposes of such a 21
contract may include, without limitation: 22
(a) To obtain assistance in processing applications for the 23
issuance or renewal of a license, certificate or registration; 24
(b) To obtain technical assistance; 25
(c) To facilitate cooperation with another board or licensing 26
entity in this State or any other jurisdiction; 27
(d) To obtain recommendations to improve and standardize 28
procedures used by the Board; and 29
(e) To obtain assistance in identifying resources for improving 30
the operations of the Board. 31
3. Any person whom the Director employs on behalf of the 32
Board or any person or entity with which the Director contracts on 33
behalf of the Board shall be deemed an employee or contractor, as 34
applicable, of the Board for the purposes of this title. 35
Sec. 70. 1. On or before February 1 of each year, the 36
Board shall submit to the Joint Interim Standing Committee on 37
Health and Human Services and to the Chair of each regional 38
behavioral health policy board created by NRS 433.429 a report 39
which must include: 40
(a) The number of complaints received, investigations 41
completed, cases dismissed, cases settled and cases for which 42
hearings were held within the immediately preceding calendar 43
year; 44
– 51 –
- *SB425*
(b) The number of applications for the issuance or renewal of 1
a license, certificate or registration received by the Board during 2
the immediately preceding calendar year and the number of those 3
applications for which the Board conducted additional review 4
beyond the standard review regularly conducted by the Board; and 5
(c) The number of applications for the issuance of a license or 6
certificate by endorsement received by the Board during the 7
immediately preceding calendar year, the number of those 8
applications that were denied and the reasons for denial. 9
2. The report described in subsection 1 must present the 10
information described in subsection 1: 11
(a) Aggregated for all licenses, certificates and registrations 12
issued by the Board; and 13
(b) Disaggregated for each type of license, certificate or 14
registration issued by the Board. 15
3. The report submitted pursuant to this section to the Chair 16
of each regional behavioral health policy board created by NRS 17
433.429 may be submitted in a written format. 18
Sec. 71. 1. The Qualifications and Professional 19
Development Advisory Committee is hereby created. 20
2. The Board shall appoint to the Advisory Committee: 21
(a) One member of the Board, who shall serve as chair of the 22
Advisory Committee; 23
(b) One member who is licensed pursuant to chapter 641 of 24
NRS; 25
(c) One member who is licensed pursuant to chapter 641A of 26
NRS; 27
(d) One member who is licensed pursuant to chapter 641B of 28
NRS; 29
(e) One member who is licensed or certified pursuant to 30
chapter 641C of NRS; 31
(f) One member who is licensed or registered pursuant to 32
chapter 641D of NRS; 33
(g) One member who provides the education and training 34
necessary to obtain a license pursuant to chapter 641 of NRS; 35
(h) One member who provides the education and training 36
necessary to obtain a license pursuant to chapter 641A of NRS; 37
(i) One member who provides the education and training 38
necessary to obtain a license pursuant to chapter 641B of NRS; 39
(j) One member who provides the education and training 40
necessary to obtain a license or certificate pursuant to chapter 41
641C of NRS; 42
(k) One member who provides the education and training 43
necessary to obtain a license or registration pursuant to chapter 44
641D of NRS; and 45
– 52 –
- *SB425*
(l) Any additional members provided for in the regulations 1
adopted pursuant to subsection 3. 2
3. The Board may, by regulation, provide for the appointment 3
of additional members of the Advisory Committee. Such additional 4
members must be persons who are licensed, certified or registered 5
pursuant to chapters 641 to 641D, inclusive, of NRS. If the Board 6
adopts regulations providing for the appointment of such an 7
additional member, the Board shall appoint the additional member 8
to an initial term that: 9
(a) Begins on January 1 immediately following the date of the 10
appointment; and 11
(b) Is of such duration that the term is consistent with the 12
manner in which the terms of the other members of the Advisory 13
Committee are staggered. 14
Sec. 72. The Qualifications and Professional Development 15
Advisory Committee created by section 71 of this act shall: 16
1. Advise the Board concerning qualifications for licensure, 17
certification and registration pursuant to chapters 641 to 641D, 18
inclusive, of NRS, including, without limitation: 19
(a) Passing scores on examinations required for licensure, 20
certification or registration; and 21
(b) Standards for the supervision of students or persons in 22
training to become licensed, certified or registered. 23
2. Recommend to the Board evidence-based requirements for 24
continuing education and other professional development for 25
persons licensed, certified and registered pursuant to chapters 641 26
to 641D, inclusive, of NRS that: 27
(a) Ensure an adequate number of persons are licensed, 28
certified and registered pursuant to chapters 641 to 641D, 29
inclusive, of NRS to meet the demand of consumers in this State; 30
and 31
(b) Protect the health, safety and financial welfare of the 32
public. 33
3. Advise the Board concerning the licensure, certification 34
and registration pursuant to chapters 641 to 641D, inclusive, of 35
NRS of: 36
(a) Persons who received their education or training outside of 37
the United States; 38
(b) Persons who are licensed in other jurisdictions of the 39
United States, including, without limitation, applicants for 40
licensure or certification by endorsement; and 41
(c) Other applicants for licensure, certification or registration 42
through nontraditional means. 43
4. Make such other recommendations to the Board 44
concerning qualifications for the issuance or renewal of a license, 45
– 53 –
- *SB425*
certificate or registration pursuant to chapters 641 to 641D, 1
inclusive, of NRS as the Advisory Committee deems proper. 2
5. Upon the request of the Board: 3
(a) Make recommendations to the Board concerning a specific 4
applicant for the issuance or renewal of a license, certificate or 5
registration pursuant to chapters 641 to 641D, inclusive, of NRS; 6
(b) Appoint a member of the Advisory Committee who is 7
licensed, certified or registered pursuant to any of chapters 641 to 8
641D, inclusive, of NRS to provide subject matter expertise to the 9
Board concerning the matters described in subsections 1 to 4, 10
inclusive, as they relate to the chapter of NRS pursuant to which 11
the appointed member is licensed, certified or registered, as 12
applicable; or 13
(c) Appoint a member of the Advisory Committee who is 14
licensed, certified or registered pursuant to the same chapter of 15
NRS as a specific applicant for the issuance or renewal of a 16
license, certificate or registration pursuant to chapters 641 to 17
641D, inclusive, of NRS to make recommendations to the Board 18
concerning the applicant. 19
Sec. 73. 1. The Background and Investigations Advisory 20
Committee is hereby created. 21
2. The Board shall appoint to the Advisory Committee: 22
(a) One member of the Board, who shall serve as chair of the 23
Advisory Committee; 24
(b) One member who is licensed pursuant to chapter 641 of 25
NRS; 26
(c) One member who is licensed pursuant to chapter 641A of 27
NRS; 28
(d) One member who is licensed pursuant to chapter 641B of 29
NRS; 30
(e) One member who is licensed or certified pursuant to 31
chapter 641C of NRS; 32
(f) One member who is licensed or registered pursuant to 33
chapter 641D of NRS; 34
(g) One member who is a professional in the field of criminal 35
justice; and 36
(h) Any additional members provided for in the regulations 37
adopted pursuant to subsection 3. 38
3. The Board may, by regulation, provide for the appointment 39
of additional members of the Advisory Committee. Such additional 40
members must be persons who are licensed, certified or registered 41
pursuant to chapters 641 to 641D, inclusive, of NRS. If the Board 42
adopts regulations providing for the appointment of such an 43
additional member, the Board shall appoint the additional member 44
to an initial term that: 45
– 54 –
- *SB425*
(a) Begins on January 1 immediately following the date of the 1
appointment; and 2
(b) Is of such duration that the term is consistent with the 3
manner in which the terms of the other members of the Advisory 4
Committee are staggered. 5
Sec. 74. The Background and Investigations Advisory 6
Committee created by section 73 of this act shall: 7
1. Advise the Board concerning: 8
(a) The adoption of regulations establishing criteria for the 9
licensure, certification or registration pursuant to chapters 641 to 10
641D, inclusive, of NRS of persons who have been convicted of 11
crimes; and 12
(b) The establishment of criteria for referring persons who are 13
licensed, certified or registered pursuant to chapters 641 to 641D, 14
inclusive, of NRS to: 15
(1) Programs for the treatment of substance use disorders 16
or mental health conditions; or 17
(2) Programs to provide professional assistance. 18
2. Assist the Board in screening applicants for the issuance 19
or renewal of a license, certificate or registration pursuant to 20
chapters 641 to 641D, inclusive, of NRS for their criminal history. 21
3. Make recommendations to the Board concerning the 22
issuance, renewal or reinstatement of a license, certificate or 23
registration pursuant to chapters 641 to 641D, inclusive, of NRS 24
where the applicant has been convicted of a crime. 25
4. Advise the Board concerning practices and procedures for 26
investigations and the imposition of disciplinary action to ensure 27
consistency and fairness across each profession regulated under 28
the provisions of chapters 641 to 641D, inclusive, of NRS. 29
5. Upon the request of the Board: 30
(a) Make recommendations to the Board concerning a specific 31
investigation or disciplinary proceeding conducted pursuant to 32
chapters 641 to 641D, inclusive, of NRS; or 33
(b) Appoint a member of the Advisory Committee who is 34
licensed, certified or registered pursuant to the same chapter of 35
NRS as a specific person who is the subject of an investigation or 36
disciplinary proceeding conducted pursuant to chapters 641 to 37
641D, inclusive, of NRS to make recommendations to the Board 38
concerning the investigation or disciplinary proceeding. 39
Sec. 75. 1. The Probation and Compliance Advisory 40
Committee is hereby created. 41
2. The Board shall appoint to the Advisory Committee: 42
(a) One member of the Board, who shall serve as chair of the 43
Advisory Committee; 44
– 55 –
- *SB425*
(b) One member who is licensed pursuant to chapter 641 of 1
NRS; 2
(c) One member who is licensed pursuant to chapter 641A of 3
NRS; 4
(d) One member who is licensed pursuant to chapter 641B of 5
NRS; 6
(e) One member who is licensed or certified pursuant to 7
chapter 641C of NRS; 8
(f) One member who is licensed or registered pursuant to 9
chapter 641D of NRS; and 10
(g) Any additional members provided for in the regulations 11
adopted pursuant to subsection 3. 12
3. The Board may, by regulation, provide for the appointment 13
of additional members of the Advisory Committee. Such additional 14
members must be persons who are licensed, certified or registered 15
pursuant to chapters 641 to 641D, inclusive, of NRS. If the Board 16
adopts regulations providing for the appointment of such an 17
additional member, the Board shall appoint the additional member 18
to an initial term that: 19
(a) Begins on January 1 immediately following the date of the 20
appointment; and 21
(b) Is of such duration that the term is consistent with the 22
manner in which the terms of the other members of the Advisory 23
Committee are staggered. 24
Sec. 76. The Probation and Compliance Advisory Committee 25
created by section 75 of this act shall: 26
1. Review compliance with orders imposing disciplinary 27
action issued pursuant to chapters 641 to 641D, inclusive, of NRS. 28
2. Advise the Board concerning the screening of applicants 29
for the issuance or renewal of a license, certificate or registration 30
pursuant to chapters 641 to 641D, inclusive, of NRS who have 31
previously been subject to disciplinary action in this State or 32
another jurisdiction. 33
3. Recommend to the Board procedures for monitoring 34
compliance with orders imposing disciplinary action pursuant to 35
chapters 641 to 641D, inclusive, of NRS. 36
4. Upon the request of the Board: 37
(a) Make recommendations to the Board concerning the 38
compliance of a specific person with an order imposing 39
disciplinary action pursuant to chapters 641 to 641D, inclusive, of 40
NRS or the early termination of such an order; 41
(b) Make recommendations to the Board concerning a specific 42
applicant for the issuance or renewal of a license, certificate or 43
registration pursuant to chapters 641 to 641D, inclusive, of NRS 44
– 56 –
- *SB425*
who has previously been subject to disciplinary action in this State 1
or another jurisdiction; or 2
(c) Appoint a member of the Advisory Committee who is 3
licensed, certified or registered pursuant to the same chapter of 4
NRS as a specific person who is the subject of an order imposing 5
disciplinary action issued pursuant to chapters 641 to 641D, 6
inclusive, of NRS to make recommendations to the Board 7
concerning the compliance of the person with the order or the 8
early termination of the order. 9
Sec. 77. 1. The Board shall ensure that, insofar as 10
practicable, the members whom the Board appoints to each 11
Advisory Committee reflect the ethnic and geographical diversity 12
of this State. 13
2. The members of each Advisory Committee serve without 14
compensation, except that each member is entitled, while engaged 15
in the business of the Advisory Committee to the per diem 16
allowance and travel expenses provided for state officers and 17
employees generally. 18
3. A member of an Advisory Committee who is an officer or 19
employee of this State or a political subdivision of this State must 20
be relieved from his or her duties without loss of regular 21
compensation to prepare for and attend meetings of the Advisory 22
Committee and perform any work necessary to carry out the duties 23
of the Advisory Committee in the most timely manner practicable. 24
A state agency or political subdivision of this State shall not 25
require an officer or employee who is a member of an Advisory 26
Committee appointed pursuant to this chapter to: 27
(a) Make up the time he or she is absent from work to carry 28
out his or her duties as a member of the Advisory Committee; or 29
(b) Take annual leave or compensatory time for the absence. 30
4. After the initial term, the term of each member of an 31
Advisory Committee is 3 years. A member may be reappointed to 32
additional terms of 3 years in the same manner as the original 33
appointment. Any vacancy in the membership of an Advisory 34
Committee must be filled in the same manner as the original 35
appointment for the remainder of the unexpired term. 36
5. An Advisory Committee shall meet at the call of the Chair. 37
6. A majority of the members of an Advisory Committee 38
constitutes a quorum for the transaction of business, and a 39
majority of a quorum present at any meeting is sufficient for any 40
official action taken by the Advisory Committee. 41
7. An Advisory Committee may obtain advice from subject 42
matter experts to the extent necessary or convenient to carry out 43
the duties of the Advisory Committee. 44
8. As used in this section, “Advisory Committee” means: 45
– 57 –
- *SB425*
(a) The Qualifications and Professional Development Advisory 1
Committee created by section 71 of this act; 2
(b) The Background and Investigations Advisory Committee 3
created by section 73 of this act; and 4
(c) The Probation and Compliance Advisory Committee 5
created by section 75 of this act. 6
Sec. 78. The Director, in consultation with the Board, may 7
establish additional advisory committees on a permanent or 8
temporary basis to advise the Board concerning any aspect of its 9
duties under this chapter and chapters 641 to 641D, inclusive, of 10
NRS, including, without limitation: 11
1. The access of patients or clients to the holders of licenses, 12
certificates or registrations; 13
2. The education, examination and supervision of applicants 14
for licensure, certification or registration; 15
3. Verification of the qualifications of applicants for 16
licensure, certification or registration; 17
4. Requirements for continuing education for the holders of 18
licenses, certificates or registrations; 19
5. Alternate pathways to licensure, certification or 20
registration; and 21
6. Assisting the holders of licenses, certificates and 22
registration with: 23
(a) Compliance with disciplinary orders imposing probation or 24
similar conditions; or 25
(b) Recovery from mental health disorders and substance use 26
disorders. 27
Sec. 79. NRS 622.200 is hereby amended to read as follows: 28
622.200 1. As soon as practicable after a person is first 29
appointed to serve as a member of a regulatory body, the person 30
must be provided with: 31
(a) A written summary of the duties and responsibilities of a 32
member of the regulatory body; and 33
(b) Training on those duties and responsibilities by the Attorney 34
General. The training must include, without limitation, instruction 35
related to the audit that is required by NRS 218G.400, except that a 36
person who is a member of the Nevada State Board of Accountancy 37
or the Board of Behavioral Health Professionals is not required to 38
be provided with instruction related to that audit. 39
2. The Attorney General may, in accordance with the 40
provisions of NRS 228.113, charge a regulatory body for all training 41
provided pursuant to paragraph (b) of subsection 1. 42
Sec. 80. NRS 622A.120 is hereby amended to read as follows: 43
622A.120 1. The following regulatory bodies are exempted 44
from the provisions of this chapter: 45
– 58 –
- *SB425*
(a) State Contractors’ Board. 1
(b) Real Estate Commission, Real Estate Administrator and Real 2
Estate Division of the Department of Business and Industry. 3
(c) Commission of Appraisers of Real Estate. 4
(d) Commissioner of Mortgage Lending and Division of 5
Mortgage Lending of the Department of Business and Industry. 6
(e) Commissioner of Financial Institutions and Division of 7
Financial Institutions of the Department of Business and Industry. 8
(f) State Board of Health and Division of Public and Behavioral 9
Health of the Department of Health and Human Services [.] , except 10
that the Board of Behavioral Health Professionals of the Office of 11
Health Care Workforce and Licensing of the Division is subject to 12
the provisions of this chapter. 13
2. Any regulatory body which is exempted from the provisions 14
of this chapter pursuant to subsection 1 may elect by regulation to 15
follow the provisions of this chapter or any portion thereof. 16
Sec. 81. NRS 629.051 is hereby amended to read as follows: 17
629.051 1. Except as otherwise provided in this section and 18
in regulations adopted by the State Board of Health pursuant to NRS 19
652.135 with regard to the records of a medical laboratory and 20
unless a longer period is provided by federal law, each custodian of 21
health care records shall retain the health care records of patients as 22
part of the regularly maintained records of the custodian for 5 years 23
after their receipt or production. Health care records may be retained 24
in written form, or by microfilm or any other recognized form of 25
size reduction, including, without limitation, microfiche, computer 26
disc, magnetic tape and optical disc, which does not adversely affect 27
their use for the purposes of NRS 629.061. Health care records: 28
(a) Must, except as otherwise provided in subsections 5 and 6 of 29
NRS 439.589, be created, maintained, transmitted and exchanged 30
electronically as required by subsection 4 of NRS 439.589; and 31
(b) May be created, authenticated and stored in a health 32
information exchange which meets the requirements of NRS 33
439.581 to 439.597, inclusive, and the regulations adopted pursuant 34
thereto. 35
2. A provider of health care shall post, in a conspicuous place 36
in each location at which the provider of health care performs health 37
care services, a sign which discloses to patients that their health care 38
records may be destroyed after the period set forth in subsection 1. 39
3. When a provider of health care performs health care services 40
for a patient for the first time, the provider of health care shall 41
deliver to the patient a written statement which discloses to the 42
patient that the health care records of the patient may be destroyed 43
after the period set forth in subsection 1. 44
– 59 –
- *SB425*
4. If a provider of health care fails to deliver the written 1
statement to the patient pursuant to subsection 3, the provider of 2
health care shall deliver to the patient the written statement 3
described in subsection 3 when the provider of health care next 4
performs health care services for the patient. 5
5. In addition to delivering a written statement pursuant to 6
subsection 3 or 4, a provider of health care may deliver such a 7
written statement to a patient at any other time. 8
6. A written statement delivered to a patient pursuant to this 9
section may be included with other written information delivered to 10
the patient by a provider of health care. 11
7. A custodian of health care records shall not destroy the 12
health care records of a person who is less than 23 years of age on 13
the date of the proposed destruction of the records. The health care 14
records of a person who has attained the age of 23 years may be 15
destroyed in accordance with this section for those records which 16
have been retained for at least 5 years or for any longer period 17
provided by federal law. 18
8. If a health care licensing board receives notification from the 19
Department of Health and Human Services pursuant to NRS 20
439.5895 that a provider of health care to which the health care 21
licensing board has issued a license is not in compliance with the 22
requirements of subsection 4 of NRS 439.589, the health care 23
licensing board may, after notice and the opportunity for a hearing 24
in accordance with the provisions of this title, require corrective 25
action or impose an administrative penalty in an amount not to 26
exceed the maximum penalty that the health care licensing board is 27
authorized to impose for other violations. The health care licensing 28
board shall not suspend or revoke a license for failure to comply 29
with the requirements of subsection 4 of NRS 439.589. 30
9. The provisions of this section, except for the provisions of 31
paragraph (a) of subsection 1 and subsection 8, do not apply to a 32
pharmacist. 33
10. The State Board of Health shall adopt: 34
(a) Regulations prescribing the form, size, contents and 35
placement of the signs and written statements required pursuant to 36
this section; and 37
(b) Any other regulations necessary to carry out the provisions 38
of this section. 39
11. As used in this section: 40
(a) “Health care licensing board” means: 41
(1) A board created pursuant to chapter 630, 630A, 631, 632, 42
633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B [,] or 43
640C [, 641, 641A, 641B, 641C or 641D] of NRS [.] or the chapter 44
consisting of sections 59 to 78, inclusive, of this act. 45
– 60 –
- *SB425*
(2) The Division of Public and Behavioral Health of the 1
Department of Health and Human Services. 2
(3) The State Board of Health with respect to licenses issued 3
pursuant to chapter 640D or 640E of NRS. 4
(b) “License” has the meaning ascribed to it in NRS 439.5895. 5
Sec. 82. NRS 629.053 is hereby amended to read as follows: 6
629.053 1. The State Board of Health and each board created 7
pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 8
637, 637B, 640, 640A, 640B [,] or 640C [, 641, 641A, 641B, 641C 9
or 641D] of NRS or the chapter consisting of sections 59 to 78, 10
inclusive, of this act shall post on its website on the Internet, if any, 11
a statement which discloses that: 12
(a) Pursuant to the provisions of subsection 7 of NRS 629.051: 13
(1) The health care records of a person who is less than 23 14
years of age may not be destroyed; and 15
(2) The health care records of a person who has attained the 16
age of 23 years may be destroyed for those records which have been 17
retained for at least 5 years or for any longer period provided by 18
federal law; and 19
(b) Except as otherwise provided in subsection 7 of NRS 20
629.051 and unless a longer period is provided by federal law, the 21
health care records of a patient who is 23 years of age or older may 22
be destroyed after 5 years pursuant to subsection 1 of NRS 629.051. 23
2. The State Board of Health shall adopt regulations 24
prescribing the contents of the statements required pursuant to this 25
section. 26
Sec. 83. NRS 629.079 is hereby amended to read as follows: 27
629.079 1. If a health care licensing board determines that a 28
complaint received by the health care licensing board concerns a 29
matter within the jurisdiction of another health care licensing board, 30
the health care licensing board which received the complaint shall: 31
(a) Except as otherwise provided in paragraph (b), refer the 32
complaint to the other health care licensing board within 5 days after 33
making the determination; and 34
(b) If the health care licensing board also determines that the 35
complaint concerns an emergency situation, immediately refer the 36
complaint to the other health care licensing board. 37
2. If a health care licensing board determines that a complaint 38
received by the health care licensing board concerns a public health 39
emergency or other health event that is an immediate threat to the 40
health and safety of the public in a health care facility or the office 41
of a provider of health care, the health care licensing board shall 42
immediately notify the appropriate health authority for the purposes 43
of NRS 439.970. 44
– 61 –
- *SB425*
3. A health care licensing board may refer a complaint pursuant 1
to subsection 1 or provide notification pursuant to subsection 2 2
orally, electronically or in writing. 3
4. The provisions of subsections 1 and 2 apply to any 4
complaint received by a health care licensing board, including, 5
without limitation: 6
(a) A complaint which concerns a person who or entity which is 7
licensed, certified or otherwise regulated by the health care licensing 8
board that received the complaint and by another health care 9
licensing board; and 10
(b) A complaint which concerns a person who or entity which is 11
licensed, certified or otherwise regulated solely by another health 12
care licensing board. 13
5. The provisions of this section do not prevent a health care 14
licensing board from acting upon a complaint which concerns a 15
matter within the jurisdiction of the health care licensing board 16
regardless of whether the health care licensing board refers the 17
complaint pursuant to subsection 1 or provides notification based 18
upon the complaint pursuant to subsection 2. 19
6. A health care licensing board or an officer or employee of 20
the health care licensing board is immune from any civil liability for 21
any decision or action taken in good faith and without malicious 22
intent in carrying out the provisions of this section. 23
7. As used in this section: 24
(a) “Health care facility” means any facility licensed pursuant to 25
chapter 449 of NRS. 26
(b) “Health care licensing board” means: 27
(1) A board created pursuant to chapter 630, 630A, 631, 632, 28
633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 29
640D [,] or 640E [, 641, 641A, 641B, 641C or 641D] of NRS [.] or 30
the chapter consisting of sections 59 to 78, inclusive, of this act. 31
(2) The Division of Public and Behavioral Health of the 32
Department of Health and Human Services. 33
Sec. 84. NRS 629.250 is hereby amended to read as follows: 34
629.250 1. A health care licensing board shall not disqualify 35
a person from licensure or subject any person to discipline solely: 36
(a) For providing or assisting in the provision of reproductive 37
health care services; or 38
(b) As a consequence of any judgment, discipline or other 39
sanction threatened or imposed under the laws of the District of 40
Columbia or any state or territory of the United States for providing 41
or assisting in the provision of reproductive health care services, 42
if the reproductive health care services as provided would have 43
been lawful and consistent with standards for the practice of the 44
relevant profession in this State. 45
– 62 –
- *SB425*
2. As used in this section: 1
(a) “Health care licensing board” means: 2
(1) A board created pursuant to chapter 630, 630A, 631, 632, 3
633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 4
640D [,] or 640E [, 641, 641A, 641B, 641C or 641D] of NRS [.] or 5
the chapter consisting of sections 59 to 78, inclusive, of this act. 6
(2) The Division of Public and Behavioral Health of the 7
Department of Health and Human Services. 8
(b) “Reproductive health care services” means medical, surgical, 9
counseling or referral services relating to the human reproductive 10
system, including, without limitation, services relating to pregnancy, 11
contraception, the termination of pregnancy or any procedure or 12
care found by a competent medical professional to be appropriate 13
based upon the wishes of a patient and in accordance with the laws 14
of this State. 15
Sec. 85. NRS 630.2671 is hereby amended to read as follows: 16
630.2671 1. The Board shall: 17
(a) Make the data request developed by the Director of the State 18
Office of Health Care Workforce and Licensing of the Division of 19
Public and Behavioral Health of the Department of Health and 20
Human Services pursuant to NRS 439A.116 available to applicants 21
for a biennial registration pursuant to NRS 630.267 or the renewal 22
of a license pursuant to this chapter through a link on the electronic 23
application for a biennial registration or the renewal of a license; 24
and 25
(b) Request each applicant to complete and electronically submit 26
the data request to the Director. 27
2. The information provided by an applicant for a biennial 28
registration or the renewal of a license pursuant to subsection 1 is 29
confidential and, except as required by subsection 1, must not be 30
disclosed to any person or entity. 31
3. An applicant for a biennial registration or the renewal of a 32
license is not required to complete a data request pursuant to 33
subsection 1 and is not subject to disciplinary action, including, 34
without limitation, refusal to issue the biennial registration or renew 35
the license, for failure to do so. 36
Sec. 86. NRS 630A.327 is hereby amended to read as follows: 37
630A.327 1. The Board may: 38
(a) Make the data request developed by the Director of the State 39
Office of Health Care Workforce and Licensing of the Division of 40
Public and Behavioral Health of the Department of Health and 41
Human Services pursuant to NRS 439A.116 available to applicants 42
for the renewal of a license or certificate pursuant to this chapter 43
through a link on the electronic application for the renewal of a 44
license or certificate; and 45
– 63 –
- *SB425*
(b) Request each applicant to complete and electronically submit 1
the data request to the Director. 2
2. The information provided by an applicant for the renewal of 3
a license or certificate pursuant to subsection 1 is confidential and, 4
except as required by subsection 1, must not be disclosed to any 5
person or entity. 6
3. An applicant for the renewal of a license or certificate is not 7
required to complete a data request pursuant to subsection 1 and is 8
not subject to disciplinary action, including, without limitation, 9
refusal to renew the license or certificate, for failure to do so. 10
Sec. 87. NRS 631.332 is hereby amended to read as follows: 11
631.332 1. The Board shall: 12
(a) Make the data request developed by the Director of the State 13
Office of Health Care Workforce and Licensing of the Division of 14
Public and Behavioral Health of the Department of Health and 15
Human Services pursuant to NRS 439A.116 available to applicants 16
for the renewal of a license pursuant to this chapter through a link 17
on the electronic application for the renewal of a license; and 18
(b) Request each applicant to complete and electronically submit 19
the data request to the Director. 20
2. The information provided by an applicant for the renewal of 21
a license pursuant to subsection 1 is confidential and, except as 22
required by subsection 1, must not be disclosed to any person or 23
entity. 24
3. An applicant for the renewal of a license is not required to 25
complete a data request pursuant to subsection 1 and is not subject 26
to disciplinary action, including, without limitation, refusal to renew 27
the license, for failure to do so. 28
Sec. 88. NRS 632.3423 is hereby amended to read as follows: 29
632.3423 1. The Board shall: 30
(a) Make the data request developed by the Director of the State 31
Office of Health Care Workforce and Licensing of the Division of 32
Public and Behavioral Health of the Department of Health and 33
Human Services pursuant to NRS 439A.116 available to applicants 34
for the renewal of a license or certificate pursuant to this chapter 35
through a link on the electronic application for the renewal of a 36
license or certificate; and 37
(b) Request each applicant to complete and electronically submit 38
the data request to the Director. 39
2. The information provided by an applicant for the renewal of 40
a license or certificate pursuant to subsection 1 is confidential and, 41
except as required by subsection 1, must not be disclosed to any 42
person or entity. 43
3. An applicant for the renewal of a license or certificate is not 44
required to complete a data request pursuant to subsection 1 and is 45
– 64 –
- *SB425*
not subject to disciplinary action, including, without limitation, 1
refusal to renew the license or certificate, for failure to do so. 2
Sec. 89. NRS 633.4716 is hereby amended to read as follows: 3
633.4716 1. The Board shall: 4
(a) Make the data request developed by the Director of the State 5
Office of Health Care Workforce and Licensing of the Division of 6
Public and Behavioral Health of the Department of Health and 7
Human Services pursuant to NRS 439A.116 available to applicants 8
for the renewal of a license pursuant to this chapter through a link 9
on the electronic application for the renewal of a license; and 10
(b) Request each applicant to complete and electronically submit 11
the data request to the Director. 12
2. The information provided by an applicant for the renewal of 13
a license pursuant to subsection 1 is confidential and, except as 14
required by subsection 1, must not be disclosed to any person or 15
entity. 16
3. An applicant for the renewal of a license is not required to 17
complete a data request pursuant to subsection 1 and is not subject 18
to disciplinary action, including, without limitation, refusal to renew 19
the license, for failure to do so. 20
Sec. 90. NRS 634.1303 is hereby amended to read as follows: 21
634.1303 1. The Board may: 22
(a) Make the data request developed by the Director of the State 23
Office of Health Care Workforce and Licensing of the Division of 24
Public and Behavioral Health of the Department of Health and 25
Human Services pursuant to NRS 439A.116 available to applicants 26
for the renewal of a license or certificate pursuant to this chapter 27
through a link on the electronic application for the renewal of a 28
license or certificate; and 29
(b) Request each applicant to complete and electronically submit 30
the data request to the Director. 31
2. The information provided by an applicant for the renewal of 32
a license or certificate pursuant to subsection 1 is confidential and, 33
except as required by subsection 1, must not be disclosed to any 34
person or entity. 35
3. An applicant for the renewal of a license or certificate is not 36
required to complete a data request pursuant to subsection 1 and is 37
not subject to disciplinary action, including, without limitation, 38
refusal to renew the license or certificate, for failure to do so. 39
Sec. 91. NRS 634A.169 is hereby amended to read as follows: 40
634A.169 1. The Board may: 41
(a) Make the data request developed by the Director of the State 42
Office of Health Care Workforce and Licensing of the Division of 43
Public and Behavioral Health of the Department of Health and 44
Human Services pursuant to NRS 439A.116 available to applicants 45
– 65 –
- *SB425*
for the renewal of a license pursuant to this chapter through a link 1
on the electronic application for the renewal of a license; and 2
(b) Request each applicant to complete and electronically submit 3
the data request to the Director. 4
2. The information provided by an applicant for the renewal of 5
a license pursuant to subsection 1 is confidential and, except as 6
required by subsection 1, must not be disclosed to any person or 7
entity. 8
3. An applicant for the renewal of a license is not required to 9
complete a data request pursuant to subsection 1 and is not subject 10
to disciplinary action, including, without limitation, refusal to renew 11
the license, for failure to do so. 12
Sec. 92. NRS 635.111 is hereby amended to read as follows: 13
635.111 1. The Board may: 14
(a) Make the data request developed by the Director of the State 15
Office of Health Care Workforce and Licensing of the Division of 16
Public and Behavioral Health of the Department of Health and 17
Human Services pursuant to NRS 439A.116 available to applicants 18
for the renewal of a license pursuant to this chapter through a link 19
on the electronic application for the renewal of a license; and 20
(b) Request each applicant to complete and electronically submit 21
the data request to the Director. 22
2. The information provided by an applicant for the renewal of 23
a license pursuant to subsection 1 is confidential and, except as 24
required by subsection 1, must not be disclosed to any person or 25
entity. 26
3. An applicant for the renewal of a license is not required to 27
complete a data request pursuant to subsection 1 and is not subject 28
to disciplinary action, including, without limitation, refusal to renew 29
the license, for failure to do so. 30
Sec. 93. NRS 636.262 is hereby amended to read as follows: 31
636.262 1. The Board may: 32
(a) Make the data request developed by the Director of the State 33
Office of Health Care Workforce and Licensing of the Division of 34
Public and Behavioral Health of the Department of Health and 35
Human Services pursuant to NRS 439A.116 available to applicants 36
for the renewal of a license pursuant to this chapter through a link 37
on the electronic application for the renewal of a license; and 38
(b) Request each applicant to complete and electronically submit 39
the data request to the Director. 40
2. The information provided by an applicant for the renewal of 41
a license pursuant to subsection 1 is confidential and, except as 42
required by subsection 1, must not be disclosed to any person or 43
entity. 44
– 66 –
- *SB425*
3. An applicant for the renewal of a license is not required to 1
complete a data request pursuant to subsection 1 and is not subject 2
to disciplinary action, including, without limitation, refusal to renew 3
the license, for failure to do so. 4
Sec. 94. NRS 637.145 is hereby amended to read as follows: 5
637.145 1. The Board may: 6
(a) Make the data request developed by the Director of the State 7
Office of Health Care Workforce and Licensing of the Division of 8
Public and Behavioral Health of the Department of Health and 9
Human Services pursuant to NRS 439A.116 available to applicants 10
for the renewal of a license pursuant to this chapter through a link 11
on the electronic application for the renewal of a license; and 12
(b) Request each applicant to complete and electronically submit 13
the data request to the Director. 14
2. The information provided by an applicant for the renewal of 15
a license pursuant to subsection 1 is confidential and, except as 16
required by subsection 1, must not be disclosed to any person or 17
entity. 18
3. An applicant for the renewal of a license is not required to 19
complete a data request pursuant to subsection 1 and is not subject 20
to disciplinary action, including, without limitation, refusal to renew 21
the license, for failure to do so. 22
Sec. 95. NRS 637B.192 is hereby amended to read as follows: 23
637B.192 1. The Board may: 24
(a) Make the data request developed by the Director of the State 25
Office of Health Care Workforce and Licensing of the Division of 26
Public and Behavioral Health of the Department of Health and 27
Human Services pursuant to NRS 439A.116 available to applicants 28
for the renewal of a license pursuant to this chapter through a link 29
on the electronic application for the renewal of a license; and 30
(b) Request each applicant to complete and electronically submit 31
the data request to the Director. 32
2. The information provided by an applicant for the renewal of 33
a license pursuant to subsection 1 is confidential and, except as 34
required by subsection 1, must not be disclosed to any person or 35
entity. 36
3. An applicant for the renewal of a license is not required to 37
complete a data request pursuant to subsection 1 and is not subject 38
to disciplinary action, including, without limitation, refusal to renew 39
the license, for failure to do so. 40
Sec. 96. NRS 639.183 is hereby amended to read as follows: 41
639.183 1. The Board shall: 42
(a) Make the data request developed by the Director of the State 43
Office of Health Care Workforce and Licensing of the Division of 44
Public and Behavioral Health of the Department of Health and 45
– 67 –
- *SB425*
Human Services pursuant to NRS 439A.116 available to applicants 1
for the renewal of registration as a pharmacist, intern pharmacist, 2
pharmaceutical technician or pharmaceutical technician in training 3
through a link on the electronic application for the renewal of a 4
registration; and 5
(b) Request each applicant to complete and electronically submit 6
the data request to the Director. 7
2. The information provided by an applicant for the renewal of 8
a registration pursuant to subsection 1 is confidential and, except as 9
required by subsection 1, must not be disclosed to any person or 10
entity. 11
3. An applicant for the renewal of a registration is not required 12
to complete a data request pursuant to subsection 1 and is not 13
subject to disciplinary action, including, without limitation, refusal 14
to renew the registration, for failure to do so. 15
Sec. 97. NRS 640.152 is hereby amended to read as follows: 16
640.152 1. The Board may: 17
(a) Make the data request developed by the Director of the State 18
Office of Health Care Workforce and Licensing of the Division of 19
Public and Behavioral Health of the Department of Health and 20
Human Services pursuant to NRS 439A.116 available to applicants 21
for the renewal of a license pursuant to this chapter through a link 22
on the electronic application for the renewal of a license; and 23
(b) Request each applicant to complete and electronically submit 24
the data request to the Director. 25
2. The information provided by an applicant for the renewal of 26
a license pursuant to subsection 1 is confidential and, except as 27
required by subsection 1, must not be disclosed to any person or 28
entity. 29
3. An applicant for the renewal of a license is not required to 30
complete a data request pursuant to subsection 1 and is not subject 31
to disciplinary action, including, without limitation, refusal to renew 32
the license, for failure to do so. 33
Sec. 98. NRS 640A.185 is hereby amended to read as follows: 34
640A.185 1. The Board may: 35
(a) Make the data request developed by the Director of the State 36
Office of Health Care Workforce and Licensing of the Division of 37
Public and Behavioral Health of the Department of Health and 38
Human Services pursuant to NRS 439A.116 available to applicants 39
for the renewal of a license pursuant to this chapter through a link 40
on the electronic application for the renewal of a license; and 41
(b) Request each applicant to complete and electronically submit 42
the data request to the Director. 43
2. The information provided by an applicant for the renewal of 44
a license pursuant to subsection 1 is confidential and, except as 45
– 68 –
- *SB425*
required by subsection 1, must not be disclosed to any person or 1
entity. 2
3. An applicant for the renewal of a license is not required to 3
complete a data request pursuant to subsection 1 and is not subject 4
to disciplinary action, including, without limitation, refusal to renew 5
the license, for failure to do so. 6
Sec. 99. NRS 640B.405 is hereby amended to read as follows: 7
640B.405 1. The Board may: 8
(a) Make the data request developed by the Director of the State 9
Office of Health Care Workforce and Licensing of the Division of 10
Public and Behavioral Health of the Department of Health and 11
Human Services pursuant to NRS 439A.116 available to applicants 12
for the renewal of a license pursuant to this chapter through a link 13
on the electronic application for the renewal of a license; and 14
(b) Request each applicant to complete and electronically submit 15
the data request to the Director. 16
2. The information provided by an applicant for the renewal of 17
a license pursuant to subsection 1 is confidential and, except as 18
required by subsection 1, must not be disclosed to any person or 19
entity. 20
3. An applicant for the renewal of a license is not required to 21
complete a data request pursuant to subsection 1 and is not subject 22
to disciplinary action, including, without limitation, refusal to renew 23
the license, for failure to do so. 24
Sec. 100. NRS 640D.135 is hereby amended to read as 25
follows: 26
640D.135 1. The Board may: 27
(a) Make the data request developed by the Director of the State 28
Office of Health Care Workforce and Licensing of the Division of 29
Public and Behavioral Health of the Department of Health and 30
Human Services pursuant to NRS 439A.116 available to applicants 31
for the renewal of a license pursuant to this chapter through a link 32
on the electronic application for the renewal of a license; and 33
(b) Request each applicant to complete and electronically submit 34
the data request to the Director. 35
2. The information provided by an applicant for the renewal of 36
a license pursuant to subsection 1 is confidential and, except as 37
required by subsection 1, must not be disclosed to any person or 38
entity. 39
3. An applicant for the renewal of a license is not required to 40
complete a data request pursuant to subsection 1 and is not subject 41
to disciplinary action, including, without limitation, refusal to renew 42
the license, for failure to do so. 43
– 69 –
- *SB425*
Sec. 101. NRS 640E.225 is hereby amended to read as 1
follows: 2
640E.225 1. The Board may: 3
(a) Make the data request developed by the Director of the State 4
Office of Health Care Workforce and Licensing of the Division of 5
Public and Behavioral Health of the Department of Health and 6
Human Services pursuant to NRS 439A.116 available to applicants 7
for the renewal of a license pursuant to this chapter through a link 8
on the electronic application for the renewal of a license; and 9
(b) Request each applicant to complete and electronically submit 10
the data request to the Director. 11
2. The information provided by an applicant for the renewal of 12
a license pursuant to subsection 1 is confidential and, except as 13
required by subsection 1, must not be disclosed to any person or 14
entity. 15
3. An applicant for the renewal of a license is not required to 16
complete a data request pursuant to subsection 1 and is not subject 17
to disciplinary action, including, without limitation, refusal to renew 18
the license, for failure to do so. 19
Sec. 102. NRS 641.021 is hereby amended to read as follows: 20
641.021 “Board” means the Board of [Psychological 21
Examiners.] Behavioral Health Professionals. 22
Sec. 103. NRS 641.029 is hereby amended to read as follows: 23
641.029 1. The provisions of this chapter do not apply to: 24
[1.] (a) A physician who is licensed to practice in this State; 25
[2.] (b) A person who is licensed to practice dentistry in this 26
State; 27
[3.] (c) A person who is licensed as a marriage and family 28
therapist or marriage and family therapist intern pursuant to chapter 29
641A of NRS; 30
[4.] (d) A person who is licensed as a clinical professional 31
counselor or clinical professional counselor intern pursuant to 32
chapter 641A of NRS; 33
[5.] (e) A person who is licensed to engage in social work 34
pursuant to chapter 641B of NRS; 35
[6.] (f) A person who is licensed as an occupational therapist or 36
occupational therapy assistant pursuant to chapter 640A of NRS; 37
[7.] (g) A person who is licensed as a clinical alcohol and drug 38
counselor, licensed or certified as an alcohol and drug counselor or 39
certified as an alcohol and drug counselor intern, a clinical alcohol 40
and drug counselor intern, a problem gambling counselor or a 41
problem gambling counselor intern, pursuant to chapter 641C of 42
NRS; 43
– 70 –
- *SB425*
[8.] (h) A person who provides or supervises the provision of 1
peer recovery support services in accordance with the provisions of 2
NRS 433.622 to 433.641, inclusive; 3
[9.] (i) A person who is licensed as a behavior analyst or an 4
assistant behavior analyst or registered as a registered behavior 5
technician pursuant to chapter 641D of NRS, while engaged in the 6
practice of applied behavior analysis as defined in NRS 641D.080; 7
or 8
[10.] (j) Any member of the clergy, 9
if such a person does not commit an act described in NRS 10
641.440 or represent himself or herself as a psychologist. 11
2. The provisions of this chapter do not apply to: 12
(a) Any license, certificate or registration issued pursuant to 13
chapters 641A to 641D, inclusive, of NRS; 14
(b) The adoption of regulations pursuant to chapters 641A to 15
641D, inclusive, of NRS; 16
(c) Any investigation or disciplinary proceeding conducted 17
pursuant to chapters 641A to 641D, inclusive, of NRS; or 18
(d) Any other activity of the Board conducted pursuant to 19
chapters 641A to 641D, inclusive, of NRS. 20
Sec. 104. NRS 641.110 is hereby amended to read as follows: 21
641.110 1. The Board may, under the provisions of this 22
chapter: 23
(a) Examine and pass upon the qualifications of the applicants 24
for licensure. 25
(b) License qualified applicants. 26
(c) Register a person as a psychological assistant, psychological 27
intern or psychological trainee. 28
(d) Revoke or suspend licenses and registrations. 29
(e) Collect all fees [and make disbursements] pursuant to this 30
chapter. 31
2. [The] A member of the Board who is [a representative of the 32
general public] not licensed pursuant to the provisions of this 33
chapter shall not participate in preparing, conducting or grading any 34
examination required by the Board [.] pursuant to this chapter. 35
Sec. 105. NRS 641.190 is hereby amended to read as follows: 36
641.190 The Board may: 37
1. Grant a license as a psychologist without any examination to 38
any person certified or licensed by a board of psychological 39
examiners or other regulatory entity responsible for the regulation 40
of psychologists of another state , the District of Columbia or 41
another territory of the United States if the Board determines that 42
the requirements in that [state] jurisdiction are at least equivalent to 43
the requirements of this chapter. 44
– 71 –
- *SB425*
2. Authorize a psychologist licensed or certified pursuant to the 1
laws of another state , the District of Columbia or another territory 2
of the United States to practice psychology for 1 year or less if the 3
psychologist has: 4
(a) Made application to the Board for licensure; 5
(b) Met the requirements of education and experience for 6
licensure in this State; and 7
(c) Not been disciplined in another state , the District of 8
Columbia or another territory of the United States in connection 9
with a license to practice psychology or has not committed any act 10
in another state , the District of Columbia or another territory of 11
the United States which is a violation of this chapter. 12
Sec. 106. NRS 641.2215 is hereby amended to read as 13
follows: 14
641.2215 1. The Board shall: 15
(a) Make the data request developed by the Director of the State 16
Office of Health Care Workforce and Licensing of the Division of 17
Public and Behavioral Health of the Department of Health and 18
Human Services pursuant to NRS 439A.116 available to applicants 19
for the renewal of a license or registration pursuant to this chapter 20
through a link on the electronic application for the renewal of a 21
license or registration; and 22
(b) Request each applicant to complete and electronically submit 23
the data request to the Director. 24
2. The information provided by an applicant for the renewal of 25
a license or registration pursuant to subsection 1 is confidential and, 26
except as required by subsection 1, must not be disclosed to any 27
person or entity. 28
3. An applicant for the renewal of a license or registration is 29
not required to complete a data request pursuant to subsection 1 and 30
is not subject to disciplinary action, including, without limitation, 31
refusal to renew the license or registration, for failure to do so. 32
Sec. 107. Chapter 641A of NRS is hereby amended by adding 33
thereto a new section to read as follows: 34
The provisions of this chapter do not apply to: 35
1. Any license, certificate or registration issued pursuant to 36
chapter 641, 641B, 641C or 641D of NRS; 37
2. The adoption of regulations pursuant to chapter 641, 38
641B, 641C or 641D of NRS; 39
3. Any investigation or disciplinary proceeding conducted 40
pursuant to chapter 641, 641B, 641C or 641D of NRS; or 41
4. Any other activity of the Board conducted pursuant to 42
chapter 641, 641B, 641C or 641D of NRS. 43
– 72 –
- *SB425*
Sec. 108. NRS 641A.030 is hereby amended to read as 1
follows: 2
641A.030 “Board” means the Board of [Examiners for 3
Marriage and Family Therapists and Clinical Professional 4
Counselors.] Behavioral Health Professionals. 5
Sec. 109. NRS 641A.170 is hereby amended to read as 6
follows: 7
641A.170 1. The Board shall under the provisions of this 8
chapter: 9
(a) Examine and pass upon the qualifications of the applicants 10
for licensing. 11
(b) License qualified applicants. 12
(c) Revoke or suspend licenses. 13
(d) Establish requirements for continuing education. 14
(e) Collect all fees [and make disbursements] pursuant to this 15
chapter. 16
2. [The members] A member of the Board who [are 17
representatives of the general public] is not licensed pursuant to the 18
provisions of this chapter shall not participate in preparing, 19
conducting or grading any examination required by the Board [.] 20
pursuant to this chapter. 21
Sec. 110. NRS 641A.217 is hereby amended to read as 22
follows: 23
641A.217 1. The Board shall: 24
(a) Make the data request developed by the Director of the State 25
Office of Health Care Workforce and Licensing of the Division of 26
Public and Behavioral Health of the Department of Health and 27
Human Services pursuant to NRS 439A.116 available to applicants 28
for the renewal of a license pursuant to this chapter through a link 29
on the electronic application for the renewal of a license; and 30
(b) Request each applicant to complete and electronically submit 31
the data request to the Director. 32
2. The information provided by an applicant for the renewal of 33
a license pursuant to subsection 1 is confidential and, except as 34
required by subsection 1, must not be disclosed to any person or 35
entity. 36
3. An applicant for the renewal of a license is not required to 37
complete a data request pursuant to subsection 1 and is not subject 38
to disciplinary action, including, without limitation, refusal to renew 39
the license, for failure to do so. 40
Sec. 111. NRS 641B.030 is hereby amended to read as 41
follows: 42
641B.030 As used in this chapter, unless the context otherwise 43
requires: 44
– 73 –
- *SB425*
1. “Board” means the Board of [Examiners for Social 1
Workers.] Behavioral Health Professionals. 2
2. “Social work” means the application of methods, principles 3
and techniques of case work, group work, community organization, 4
administration, planning, consultation and research to assist persons, 5
groups or communities to enhance or restore their ability to function 6
physically, socially and economically. 7
3. “Clinical social work” means the application of methods, 8
principles and techniques of case work, group work, community 9
organization, administration, planning, consultation, research and 10
psychotherapeutic methods and techniques to persons, families 11
and groups to help in the diagnosis and treatment of mental and 12
emotional conditions. 13
Sec. 112. NRS 641B.040 is hereby amended to read as 14
follows: 15
641B.040 1. The provisions of this chapter do not apply to: 16
[1.] (a) A physician who is licensed to practice in this State; 17
[2.] (b) A nurse who is licensed to practice in this State; 18
[3.] (c) A person who is licensed as a psychologist pursuant to 19
chapter 641 of NRS or authorized to practice psychology in this 20
State pursuant to the Psychology Interjurisdictional Compact 21
enacted in NRS 641.227; 22
[4.] (d) A person who is licensed as a marriage and family 23
therapist or marriage and family therapist intern pursuant to chapter 24
641A of NRS; 25
[5.] (e) A person who is licensed as a clinical professional 26
counselor or clinical professional counselor intern pursuant to 27
chapter 641A of NRS; 28
[6.] (f) A person who is licensed as an occupational therapist or 29
occupational therapy assistant pursuant to chapter 640A of NRS; 30
[7.] (g) A person who is licensed as a clinical alcohol and drug 31
counselor, licensed or certified as an alcohol and drug counselor or 32
certified as a clinical alcohol and drug counselor intern, an alcohol 33
and drug counselor intern, a problem gambling counselor or a 34
problem gambling counselor intern, pursuant to chapter 641C of 35
NRS; 36
[8.] (h) A person who provides or supervises the provision of 37
peer recovery support services in accordance with NRS 433.622 to 38
433.641, inclusive; 39
[9.] (i) Any member of the clergy; 40
[10.] (j) A county welfare director; 41
[11.] (k) Any person who may engage in social work or clinical 42
social work in his or her regular governmental employment but does 43
not hold himself or herself out to the public as a social worker; or 44
– 74 –
- *SB425*
[12.] (l) A student of social work and any other person 1
preparing for the profession of social work under the supervision of 2
a qualified social worker in a training institution or facility 3
recognized by the Board, unless the student or other person has been 4
issued a provisional license pursuant to paragraph (b) of subsection 5
1 of NRS 641B.275. Such a student must be designated by the title 6
“student of social work” or “trainee in social work,” or any other 7
title which clearly indicates the student’s training status. 8
2. The provisions of this chapter do not apply to: 9
(a) Any license, certificate or registration issued pursuant to 10
chapter 641, 641A, 641C or 641D of NRS; 11
(b) The adoption of regulations pursuant to chapter 641, 641A, 12
641C or 641D of NRS; 13
(c) Any investigation or disciplinary proceeding conducted 14
pursuant to chapter 641, 641A, 641C or 641D of NRS; or 15
(d) Any other activity of the Board conducted pursuant to 16
chapter 641, 641A, 641C or 641D of NRS. 17
Sec. 113. NRS 641B.250 is hereby amended to read as 18
follows: 19
641B.250 1. Except as otherwise provided in NRS 641B.270, 20
641B.272 and 641B.275, before the issuance of a license, each 21
applicant, otherwise eligible for licensure, who has paid the fee and 22
presented the required credentials, other than an applicant for a 23
license to engage in social work as an associate in social work, must 24
appear personally and pass an examination concerning his or her 25
knowledge of the practice of social work. 26
2. Any such examination must be fair and impartial, practical 27
in character with questions designed to discover the applicant’s 28
fitness. 29
3. The Director of the State Office of Health Care Workforce 30
and Licensure of the Division of Public and Behavioral Health of 31
the Department of Health and Human Services, on behalf of the 32
Board , may employ specialists and other professional consultants or 33
examining services in conducting the examination. 34
4. [The] A member of the Board who is [the representative of 35
the general public] not licensed pursuant to the provisions of this 36
chapter shall not participate in the grading of the examination. 37
5. The Board shall examine applicants for licensure at least 38
twice a year. 39
Sec. 114. NRS 641B.260 is hereby amended to read as 40
follows: 41
641B.260 [1. The Board may hold hearings and conduct 42
investigations into any matter related to an application for licensure. 43
The Board may require the presentation of evidence. 44
– 75 –
- *SB425*
2.] The Board may refuse to issue a license to an applicant if 1
the applicant: 2
[(a)] 1. Is not of good moral character as it relates to the 3
practice of social work; 4
[(b)] 2. Has submitted any false credential to the Board; 5
[(c)] 3. Has been disciplined in another state in connection 6
with the practice of social work or a related profession or has 7
committed any act in another state which is a violation of this 8
chapter; 9
[(d)] 4. Has committed an act that constitutes grounds for 10
initiating disciplinary action pursuant to NRS 641B.400; 11
[(e)] 5. Has entered a plea of guilty, guilty but mentally ill or 12
nolo contendere to, been found guilty or guilty but mentally ill of, or 13
been convicted, in this State or any other jurisdiction, of a crime 14
arising out of, in connection with or related to the activities of such 15
a person in such a manner as to demonstrate his or her unfitness to 16
engage in social work, and the time for appeal has elapsed or the 17
judgment of conviction has been affirmed on appeal; or 18
[(f)] 6. Fails to comply with any other requirements for 19
licensure. 20
Sec. 115. NRS 641B.281 is hereby amended to read as 21
follows: 22
641B.281 1. The Board shall: 23
(a) Make the data request developed by the Director of the State 24
Office of Health Care Workforce and Licensing of the Division of 25
Public and Behavioral Health of the Department of Health and 26
Human Services pursuant to NRS 439A.116 available to applicants 27
for the renewal of a license pursuant to this chapter through a link 28
on the electronic application for the renewal of a license; and 29
(b) Request each applicant to complete and electronically submit 30
the data request to the Director. 31
2. The information provided by an applicant for the renewal of 32
a license pursuant to subsection 1 is confidential and, except as 33
required by subsection 1, must not be disclosed to any person or 34
entity. 35
3. An applicant for the renewal of a license is not required to 36
complete a data request pursuant to subsection 1 and is not subject 37
to disciplinary action, including, without limitation, refusal to renew 38
the license, for failure to do so. 39
Sec. 116. NRS 641C.030 is hereby amended to read as 40
follows: 41
641C.030 “Board” means the Board of [Examiners for 42
Alcohol, Drug and Gambling Counselors.] Behavioral Health 43
Professionals. 44
– 76 –
- *SB425*
Sec. 117. NRS 641C.130 is hereby amended to read as 1
follows: 2
641C.130 1. The provisions of this chapter do not apply to: 3
[1.] (a) A physician who is licensed pursuant to the provisions 4
of chapter 630 or 633 of NRS; 5
[2.] (b) A nurse who is licensed pursuant to the provisions of 6
chapter 632 of NRS and is authorized by the State Board of Nursing 7
to engage in the practice of counseling persons with alcohol and 8
other substance use disorders or the practice of counseling persons 9
with an addictive disorder related to gambling; 10
[3.] (c) A psychologist who is licensed pursuant to the 11
provisions of chapter 641 of NRS or authorized to practice 12
psychology in this State pursuant to the Psychology 13
Interjurisdictional Compact enacted in NRS 641.227; 14
[4.] (d) A clinical professional counselor or clinical professional 15
counselor intern who is licensed pursuant to chapter 641A of NRS; 16
[5.] (e) A marriage and family therapist or marriage and family 17
therapist intern who is licensed pursuant to the provisions of chapter 18
641A of NRS and is authorized by the Board [of Examiners for 19
Marriage and Family Therapists and Clinical Professional 20
Counselors] to engage in the practice of counseling persons with 21
alcohol and other substance use disorders or the practice of 22
counseling persons with an addictive disorder related to gambling; 23
[6.] (f) A person who is: 24
[(a)] (1) Licensed as: 25
[(1)] (I) A clinical social worker pursuant to the provisions 26
of chapter 641B of NRS; or 27
[(2)] (II) A master social worker or an independent social 28
worker pursuant to the provisions of chapter 641B of NRS and is 29
engaging in clinical social work as part of an internship program 30
approved by the Board ; [of Examiners for Social Workers;] and 31
[(b)] (2) Authorized by the Board [of Examiners for Social 32
Workers] to engage in the practice of counseling persons with 33
alcohol and other substance use disorders or the practice of 34
counseling persons with an addictive disorder related to gambling; 35
or 36
[7.] (g) A person who provides or supervises the provision of 37
peer recovery support services in accordance with NRS 433.622 to 38
433.641, inclusive. 39
2. The provisions of this chapter do not apply to: 40
(a) Any license, certificate or registration issued pursuant to 41
chapter 641, 641A, 641B or 641D of NRS; 42
(b) The adoption of regulations pursuant to chapter 641, 641A, 43
641B or 641D of NRS; 44
– 77 –
- *SB425*
(c) Any investigation or disciplinary proceeding conducted 1
pursuant to chapter 641, 641A, 641B or 641D of NRS; or 2
(d) Any other activity of the Board conducted pursuant to 3
chapter 641, 641A, 641B or 641D of NRS. 4
Sec. 118. NRS 641C.190 is hereby amended to read as 5
follows: 6
641C.190 [1. Except as otherwise provided in subsection 4, 7
all expenses incurred by the Board in carrying out the provisions of 8
this chapter must be paid from the money which it receives. No part 9
of the salaries or expenses of the Board may be paid out of the State 10
General Fund. 11
2. All money received by the Board must be deposited in a 12
bank, credit union or other financial institution in this State and paid 13
out on its order for its expenses. 14
3.] In a manner consistent with the provisions of chapter 622A 15
of NRS, the Board may delegate to a hearing officer or panel its 16
authority to take any disciplinary action pursuant to this chapter, 17
impose and collect fines and penalties therefor and [deposit] 18
forward the money therefrom [in a bank, credit union or other 19
financial institution in this State. 20
4. If a hearing officer or panel is not authorized to take 21
disciplinary action pursuant to subsection 3, the Board shall deposit 22
the money collected from the imposition of fines with the State 23
Treasurer for credit to the State General Fund. If money is so 24
deposited, the Board may present a claim to the State Board of 25
Examiners for recommendation to the Interim Finance Committee if 26
money is needed to pay attorney’s fees or the costs of an 27
investigation, or both.] to the State Treasurer in accordance with 28
section 68 of this act. 29
Sec. 119. NRS 641C.290 is hereby amended to read as 30
follows: 31
641C.290 1. Except as otherwise provided in NRS 641C.300 32
and 641C.3306, each applicant for a license as a clinical alcohol and 33
drug counselor must pass a written and oral examination concerning 34
his or her knowledge of the clinical practice of counseling persons 35
with alcohol and other substance use disorders, the applicable 36
provisions of this chapter and any applicable regulations adopted by 37
the Board pursuant to the provisions of this chapter. 38
2. Except as otherwise provided in NRS 641C.300, 641C.356 39
and 641C.396, each applicant for a license or certificate as an 40
alcohol and drug counselor must pass a written and oral examination 41
concerning his or her knowledge of the practice of counseling 42
persons with alcohol and other substance use disorders, the 43
applicable provisions of this chapter and any applicable regulations 44
adopted by the Board pursuant to the provisions of this chapter. 45
– 78 –
- *SB425*
3. Except as otherwise provided in NRS 641C.433, each 1
applicant for a certificate as a problem gambling counselor must 2
pass a written and oral examination concerning his or her 3
knowledge of the practice of counseling persons with an addictive 4
disorder related to gambling, the applicable provisions of this 5
chapter and any applicable regulations adopted by the Board 6
pursuant to the provisions of this chapter. 7
4. The Board shall: 8
(a) Examine applicants at least two times each year. 9
(b) Establish the time and place for the examinations. 10
(c) Provide such books and forms as may be necessary to 11
conduct the examinations. 12
(d) Except as otherwise provided in NRS 622.090, establish, by 13
regulation, the requirements for passing the examination. 14
5. The Director of the State Office of Health Care Workforce 15
and Licensure of the Division of Public and Behavioral Health of 16
the Department of Health and Human Services, on behalf of the 17
Board , may employ other persons to conduct the examinations. 18
Sec. 120. NRS 641C.310 is hereby amended to read as 19
follows: 20
641C.310 [1. The Board may hold hearings and conduct 21
investigations concerning any matter related to an application for a 22
license or certificate. In the hearings and investigations, the Board 23
may require the presentation of evidence. 24
2.] The Board may refuse to issue a license or certificate to, or 25
renew the license or certificate of, an applicant if the Board 26
determines that the applicant: 27
[(a)] 1. Is not of good moral character as it relates to the 28
practice of counseling persons with alcohol and other substance use 29
disorders or the clinical practice of counseling persons with alcohol 30
and other substance use disorders; 31
[(b)] 2. Has submitted a false credential to the Board; 32
[(c)] 3. Has been disciplined in another state, a possession or 33
territory of the United States or the District of Columbia in 34
connection with the practice of counseling persons with alcohol and 35
other substance use disorders or the clinical practice of counseling 36
persons with alcohol and other substance use disorders; 37
[(d)] 4. Has committed an act in another state, a possession or 38
territory of the United States or the District of Columbia in 39
connection with the practice of counseling persons with alcohol and 40
other substance use disorders or the clinical practice of counseling 41
persons with alcohol and other substance use disorders that would 42
be a violation of the provisions of this chapter if the act were 43
committed in this State; or 44
– 79 –
- *SB425*
[(e)] 5. Has failed to comply with any of the requirements for 1
a license or certificate. 2
Sec. 121. NRS 641C.455 is hereby amended to read as 3
follows: 4
641C.455 1. The Board may: 5
(a) Make the data request developed by the Director of the State 6
Office of Health Care Workforce and Licensing of the Division of 7
Public and Behavioral Health of the Department of Health and 8
Human Services pursuant to NRS 439A.116 available to applicants 9
for the renewal of a license or certificate pursuant to this chapter 10
through a link on the electronic application for the renewal of a 11
license or certificate; and 12
(b) Request each applicant to complete and electronically submit 13
the data request to the Director. 14
2. The information provided by an applicant for the renewal of 15
a license or certificate pursuant to subsection 1 is confidential and, 16
except as required by subsection 1, must not be disclosed to any 17
person or entity. 18
3. An applicant for the renewal of a license or certificate is not 19
required to complete a data request pursuant to subsection 1 and is 20
not subject to disciplinary action, including, without limitation, 21
refusal to renew the license or certificate, for failure to do so. 22
Sec. 122. NRS 641C.740 is hereby amended to read as 23
follows: 24
641C.740 Each witness who appears by an order of the Board 25
is entitled to receive for his or her attendance the same fees and 26
mileage allowed by law to a witness in a civil case. The amount 27
must be paid by the party who requested the subpoena. If a witness 28
who has not been required to attend at the request of any party is 29
subpoenaed by the Board, his or her fees and mileage must be paid 30
from the money [of the Board.] described in subsection 2 of section 31
68 of this act. 32
Sec. 123. NRS 641D.040 is hereby amended to read as 33
follows: 34
641D.040 “Board” means the Board of [Applied Behavior 35
Analysis created by NRS 641D.200.] Behavioral Health 36
Professionals. 37
Sec. 124. NRS 641D.110 is hereby amended to read as 38
follows: 39
641D.110 1. The provisions of this chapter do not apply to: 40
[1.] (a) A physician who is licensed to practice in this State; 41
[2.] (b) A person who is licensed to practice dentistry in this 42
State; 43
[3.] (c) A person who is licensed as a psychologist pursuant to 44
chapter 641 of NRS; 45
– 80 –
- *SB425*
[4.] (d) A person who is licensed as a marriage and family 1
therapist or marriage and family therapist intern pursuant to chapter 2
641A of NRS; 3
[5.] (e) A person who is licensed as a clinical professional 4
counselor or clinical professional counselor intern pursuant to 5
chapter 641A of NRS; 6
[6.] (f) A person who is licensed to engage in social work 7
pursuant to chapter 641B of NRS; 8
[7.] (g) A person who is licensed as an occupational therapist or 9
occupational therapy assistant pursuant to chapter 640A of NRS; 10
[8.] (h) A person who is licensed as a clinical alcohol and drug 11
counselor, licensed or certified as an alcohol and drug counselor or 12
certified as an alcohol and drug counselor intern, a clinical alcohol 13
and drug counselor intern, a problem gambling counselor or a 14
problem gambling counselor intern, pursuant to chapter 641C of 15
NRS; 16
[9.] (i) Any member of the clergy; 17
[10.] (j) A family member, guardian or caregiver of a recipient 18
of applied behavior analysis services who performs activities as 19
directed by a behavior analyst or assistant behavior analyst; or 20
[11.] (k) An employee of a school district or charter school 21
when providing services to a pupil in a public school in a manner 22
consistent with the duties of his or her position, 23
if such a person does not commit an act described in NRS 24
641D.910 or represent himself or herself as a behavior analyst, 25
assistant behavior analyst or registered behavior technician. 26
2. The provisions of this chapter do not apply to: 27
(a) Any license, certificate or registration issued pursuant to 28
chapters 641 to 641C, inclusive, of NRS; 29
(b) The adoption of regulations pursuant to chapters 641 to 30
641C, inclusive, of NRS; 31
(c) Any investigation or disciplinary proceeding conducted 32
pursuant to chapters 641 to 641C, inclusive, of NRS; or 33
(d) Any other activity of the Board conducted pursuant to 34
chapters 641 to 641C, inclusive, of NRS. 35
Sec. 125. NRS 641D.250 is hereby amended to read as 36
follows: 37
641D.250 The Board shall enforce the provisions of this 38
chapter and may, under the provisions of this chapter: 39
1. Examine and pass upon the qualifications of applicants for 40
licensure and registration; 41
2. License and register qualified applicants; 42
3. Revoke or suspend licenses and registrations or impose other 43
disciplinary action; and 44
– 81 –
- *SB425*
4. Collect applications and fees [and make disbursements] 1
pursuant to this chapter . [; and 2
5. Conduct investigations related to the duties of the Board 3
under this chapter and take evidence on any matter under inquiry 4
before the Board.] 5
Sec. 126. NRS 641D.380 is hereby amended to read as 6
follows: 7
641D.380 1. The Board shall prescribe, by regulation, fees 8
for any services provided by the Board pursuant to this chapter and 9
the following fees, which must not exceed: 10
11
Application for licensure as a behavior analyst 12
or assistant behavior analyst ........................................ $100 13
Issuance of an initial license as a behavior 14
analyst or assistant behavior analyst ............................. 450 15
Biennial renewal or reinstatement of a license as 16
a behavior analyst .......................................................... 550 17
Biennial renewal or reinstatement of a license as 18
an assistant behavioral analyst ...................................... 425 19
Biennial renewal or reinstatement of a 20
registration as a registered behavior 21
technician ...................................................................... 100 22
Placement of a license on inactive status............................ 100 23
Biennial review of a license on inactive status ................... 100 24
Restoration to active status of a license as a 25
behavior analyst on inactive status if the 26
restoration occurs during the first year of the 27
biennium in which the license was issued or 28
renewed ......................................................................... 300 29
Restoration to active status of a license as a 30
behavior analyst on inactive status if the 31
restoration occurs during the second year of 32
the biennium in which the license was issued 33
or renewed ..................................................................... 100 34
Restoration to active status of a license as an 35
assistant behavior analyst on inactive status if 36
the restoration occurs during the first year of 37
the biennium in which the license was issued 38
or renewed ..................................................................... 175 39
Restoration to active status of a license as an 40
assistant behavior analyst on inactive status if 41
the restoration occurs during the second year 42
of the biennium in which the license was 43
issued or renewed ............................................................ 40 44
– 82 –
- *SB425*
Reproduction and mailing of material for an 1
application ..................................................................... $25 2
A dishonored check .............................................................. 35 3
A change of name on a license or registration...................... 25 4
A duplicate license or registration ........................................ 25 5
Copies of the provisions of NRS relating to the 6
practice of applied behavior analysis and the 7
rules and regulations adopted by the Board .................... 25 8
Letter of good standing ......................................................... 15 9
Review and approval of a course or program of 10
continuing education ....................................................... 25 11
12
2. The Board shall ensure, to the extent practicable, that the 13
amount of such fees is sufficient to pay the costs incurred by the 14
Board under the provisions of this chapter [,] and, in combination 15
with the fees imposed pursuant to chapters 641 to 641C, inclusive, 16
of NRS, the costs incurred by the Board under the provisions of 17
the chapter consisting of sections 59 to 78, inclusive, of this act, 18
including, without limitation, the compensation of the Board 19
prescribed by [NRS 641D.220,] section 66 of this act, and does not 20
exceed the amount necessary to pay those costs. 21
Sec. 127. NRS 644A.880 is hereby amended to read as 22
follows: 23
644A.880 1. If the Board determines that a complaint filed 24
with the Board concerns a matter within the jurisdiction of another 25
licensing board, the Board shall refer the complaint to the other 26
licensing board within 5 days after making the determination. 27
2. The Board may refer a complaint pursuant to subsection 1 28
orally, electronically or in writing. 29
3. The provisions of subsection 1 apply to any complaint filed 30
with the Board, including, without limitation: 31
(a) A complaint which concerns a person who or entity which is 32
licensed, certified or otherwise regulated by the Board or by another 33
licensing board; and 34
(b) A complaint which concerns a person who or entity which is 35
licensed, certified or otherwise regulated solely by another licensing 36
board. 37
4. The provisions of this section do not prevent the Board from 38
acting upon a complaint which concerns a matter within the 39
jurisdiction of the Board regardless of whether the Board refers the 40
complaint pursuant to subsection 1. 41
5. The Board or an officer or employee of the Board is immune 42
from any civil liability for any decision or action taken in good faith 43
and without malicious intent in carrying out the provisions of this 44
section. 45
– 83 –
- *SB425*
6. As used in this section, “licensing board” means: 1
(a) A board created pursuant to chapter 630, 630A, 631, 632, 2
633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 3
640D, 640E, [641, 641A, 641B, 641C, 641D,] 643 or 654 of NRS 4
[;] or the chapter consisting of sections 59 to 78, inclusive, of this 5
act; and 6
(b) The Division of Public and Behavioral Health of the 7
Department of Health and Human Services. 8
Sec. 128. NRS 652.126 is hereby amended to read as follows: 9
652.126 1. The Division may: 10
(a) Make the data request developed by the Director of the 11
[Department of Health and Human Services] State Office of Health 12
Care Workforce and Licensing of the Division pursuant to NRS 13
439A.116 available to applicants for the renewal of a license or 14
certification pursuant to this chapter through a link on the electronic 15
application for the renewal of a license or certification; and 16
(b) Request each applicant to complete and electronically submit 17
the data request to the Director. 18
2. The information provided by an applicant for the renewal of 19
a license or certification pursuant to subsection 1 is confidential and, 20
except as required by subsection 1, must not be disclosed to any 21
person or entity. 22
3. An applicant for the renewal of a license or certification is 23
not required to complete a data request pursuant to subsection 1 and 24
is not subject to disciplinary action, including, without limitation, 25
refusal to renew the license or certification, for failure to do so. 26
Sec. 129. NRS 654.185 is hereby amended to read as follows: 27
654.185 1. If the Board determines that a complaint filed 28
with the Board concerns a matter within the jurisdiction of another 29
licensing board, the Board shall refer the complaint to the other 30
licensing board within 5 days after making the determination. 31
2. The Board may refer a complaint pursuant to subsection 1 32
orally, electronically or in writing. 33
3. The provisions of subsection 1 apply to any complaint filed 34
with the Board, including, without limitation: 35
(a) A complaint which concerns a person who or entity which is 36
licensed, certified or otherwise regulated by the Board or by another 37
licensing board; and 38
(b) A complaint which concerns a person who or entity which is 39
licensed, certified or otherwise regulated solely by another licensing 40
board. 41
4. The provisions of this section do not prevent the Board from 42
acting upon a complaint which concerns a matter within the 43
jurisdiction of the Board regardless of whether the Board refers the 44
complaint pursuant to subsection 1. 45
– 84 –
- *SB425*
5. The Board or an officer or employee of the Board is immune 1
from any civil liability for any decision or action taken in good faith 2
and without malicious intent in carrying out the provisions in this 3
section. 4
6. As used in this section, “licensing board” means: 5
(a) A board created pursuant to chapter 630, 630A, 631, 632, 6
633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 7
640D, 640E, [641, 641A, 641B, 641C, 641D,] 643 or 644A of NRS 8
[;] or the chapter consisting of sections 59 to 78, inclusive, of this 9
act; and 10
(b) The Division of Public and Behavioral Health of the 11
Department of Health and Human Services. 12
Sec. 130. Section 7 of this act is hereby amended to read as 13
follows: 14
Sec. 7. The Director of the Office shall: 15
1. Advise the Director of the Department , [and] the 16
Administrator and the Board of Behavioral Health 17
Professionals on matters relating to the health care workforce 18
in this State. 19
2. Work in coordination with the Department , [and] the 20
Division and the Board of Behavioral Health Professionals 21
to establish criteria and goals for the development and 22
diversification of the health care workforce in this State. 23
3. As directed by the Administrator, identify, 24
recommend and carry out policies related to the health care 25
workforce in this State. 26
4. Report periodically to the Administrator concerning 27
the administration of the policies and programs of the Office. 28
5. Provide support to the Advisory Council on Graduate 29
Medical Education created by NRS 223.633 and implement 30
the Graduate Medical Education Grant Program established 31
pursuant to NRS 223.637. 32
6. [Recommend] In consultation with the Board of 33
Behavioral Health Professionals, recommend to the 34
Legislature the enactment, amendment or repeal of statutes as 35
necessary to: 36
(a) Support an adequate health care workforce to meet the 37
demand of consumers for behavioral health services and other 38
health services; 39
(b) Prevent harm to the health, safety and financial 40
welfare of the public; and 41
(c) Remove requirements that are no longer needed to 42
protect the public or are not effective at improving the 43
delivery of behavioral health services and other health 44
services. 45
– 85 –
- *SB425*
7. Administer such grants as are provided by legislative 1
appropriation. 2
8. Consult with and, within the limits of available 3
resources, provide assistance to the Board of Regents of the 4
University of Nevada, the University of Nevada School of 5
Medicine, the Nevada Office of Rural Health, the Area 6
Health Education Center Program and the Medical Education 7
Council of Nevada as requested pursuant to NRS 396.898, 8
396.902, 396.905, 396.906, 396.907 or 396.908. 9
9. Carry out: 10
(a) The programs established by NRS 439A.111 to 11
439A.126, inclusive, for collecting information from certain 12
providers of health care; and 13
(b) The Physician Visa Waiver Program established by 14
NRS 439A.130 to 439A.185, inclusive. 15
10. Provide support to the Board of Behavioral Health 16
Professionals. 17
Sec. 131. 1. The members of the Health Care Workforce 18
Working Group established by NRS 439A.118 who are currently 19
serving on July 1, 2025, and who are otherwise qualified to serve as 20
members of that Working Group on that date may continue to serve 21
on the Working Group for the remainder of their unexpired terms. 22
2. The members of the Advisory Council on Graduate Medical 23
Education created by NRS 223.633 who are currently serving on 24
July 1, 2025, and who are otherwise qualified to serve as members 25
of that Council on that date may continue to serve on the Advisory 26
Council for the remainder of their unexpired terms. 27
Sec. 132. As used in sections 132 to 141, inclusive, of this act, 28
unless the context otherwise requires, the words and terms defined 29
in sections 133 to 136, inclusive, of this act have the meanings 30
ascribed to them in those sections. 31
Sec. 133. “Board of Behavioral Health Professionals” means 32
the Board of Behavioral Health Professionals created within the 33
Office by section 63 of this act. 34
Sec. 134. “Director” means the Director of the Office. 35
Sec. 135. “Division” means the Division of Public and 36
Behavioral Health of the Department of Health and Human 37
Services. 38
Sec. 136. “Office” means the State Office of Health Care 39
Workforce and Licensing established within the Division by section 40
6 of this act. 41
Sec. 137. 1. The Division shall: 42
(a) Develop a plan for transferring the duties of the Board of 43
Psychological Examiners, the Board of Examiners for Marriage and 44
Family Therapists and Clinical Professional Counselors, the Board 45
– 86 –
- *SB425*
of Examiners for Social Workers, the Board of Examiners for 1
Alcohol, Drug and Gambling Counselors and the Board of Applied 2
Behavior Analysis to the Office and the Board of Behavioral Health 3
Professionals in accordance with the provisions of this act; 4
(b) On or before October 1, 2025, present the plan at a public 5
meeting that complies with the provisions of chapter 241 of NRS; 6
and 7
(c) On or before January 1, 2026, adopt the plan at a public 8
meeting that complies with the provisions of chapter 241 of NRS. 9
2. The plan for the transfer of duties developed pursuant to 10
subsection 1 is not subject to the provisions of chapter 233B of 11
NRS. 12
3. The Director shall notify the Governor, the Director of the 13
Legislative Counsel Bureau, the Board of Psychological Examiners, 14
the Board of Examiners for Marriage and Family Therapists and 15
Clinical Professional Counselors, the Board of Examiners for Social 16
Workers, the Board of Examiners for Alcohol, Drug and Gambling 17
Counselors and the Board of Applied Behavior Analysis of the date 18
on which the Office will be prepared to carry out the provisions of 19
sections 21 to 25, inclusive, 34 to 43, inclusive, 50 to 84, inclusive, 20
102, 103, 104, 107, 108, 109, 111 to 114, inclusive, 116 to 120, 21
inclusive, 122 to 127, inclusive, 129, 130, 140, 141 and 146 of this 22
act. That date must be: 23
(a) At least 90 days after the Division adopts the plan for the 24
transfer of duties pursuant to paragraph (c) of subsection 1; 25
(b) At least 90 days after the Director provides the notice 26
described in this subsection to each entity listed in this subsection; 27
and 28
(c) On or before January 1, 2027. 29
Sec. 138. On or before the date on which the notice provided 30
pursuant to subsection 3 of section 137 of this act provides that the 31
Office will be prepared to carry out the provisions of sections 21 to 32
25, inclusive, 34 to 43, inclusive, 50 to 84, inclusive, 102, 103, 104, 33
107, 108, 109, 111 to 114, inclusive, 116 to 120, inclusive, 122 to 34
127, inclusive, 129, 130, 140, 141 and 146 of this act: 35
1. The Director shall appoint to the Board of Behavioral Health 36
Professionals: 37
(a) One member described in paragraph (a) of subsection 2 of 38
section 63 of this act, one member described in paragraph (b) of 39
subsection 2 of section 63 of this act and one member described in 40
paragraph (c) of subsection 2 of section 63 of this act to initial terms 41
that begin on January 1, 2027, and expire on December 31, 2027; 42
(b) One member described in paragraph (a) of subsection 2 of 43
section 63 of this act, one member described in paragraph (b) of 44
subsection 2 of section 63 of this act and one member described in 45
– 87 –
- *SB425*
paragraph (c) of subsection 2 of section 63 of this act to initial terms 1
that begin on January 1, 2027, and expire on December 31, 2028; 2
(c) Two members described in paragraph (a) of subsection 2 of 3
section 63 of this act and the member described in paragraph (d) of 4
subsection 2 of section 63 of this act to initial terms that begin on 5
January 1, 2027, and expire on December 31, 2029; and 6
(d) Two members described in paragraph (a) of subsection 2 of 7
section 63 of this act to initial terms that begin on January 1, 2027, 8
and expire on December 31, 2030. 9
2. The Director of the Department of Health and Human 10
Services shall appoint to the Board of Behavioral Health 11
Professionals the member described in paragraph (e) of subsection 2 12
of section 63 of this act to an initial term that begins on January 1, 13
2027, and expires on December 31, 2030. 14
Sec. 139. Before the date on which the notice provided 15
pursuant to subsection 3 of section 137 of this act provides that the 16
Office will be prepared to carry out the provisions of sections 21 to 17
25, inclusive, 34 to 43, inclusive, 50 to 84, inclusive, 102, 103, 104, 18
107, 108, 109, 111 to 114, inclusive, 116 to 120, inclusive, 122 to 19
127, inclusive, 129, 130, 140, 141 and 146 of this act, the Board of 20
Psychological Examiners, the Board of Examiners for Marriage and 21
Family Therapists and Clinical Professional Counselors, the Board 22
of Examiners for Social Workers, the Board of Examiners for 23
Alcohol, Drug and Gambling Counselors and the Board of Applied 24
Behavior Analysis shall close each account maintained with a 25
financial institution by the applicable board pursuant to NRS 26
641.111, 641A.205, 641B.150, 641C.190 or 641D.230, as 27
applicable, and pay the closing balance of the account to the State 28
Treasurer. The assets and liabilities of each such account are 29
unaffected by the closure and payment. The State Treasurer shall 30
deposit the money in the State General Fund to the credit of the 31
Office as soon as practicable on or after January 1, 2027. The Office 32
shall use the money exclusively for the purposes described in 33
paragraph (b) of subsection 2 of section 68 of this act. 34
Sec. 140. As soon as practicable after the effective date of this 35
section, the Board shall appoint to: 36
1. The Qualifications and Professional Development Advisory 37
Committee created by section 71 of this act: 38
(a) The members described in paragraphs (b), (e) and (h) of 39
subsection 2 of section 71 of this act to initial terms that begin on 40
the date of the appointment and expire on December 31, 2027; 41
(b) The members described in paragraphs (c), (f), (i) and (k) of 42
subsection 2 of section 71 of this act to initial terms that begin on 43
the date of the appointment and expire on December 31, 2028; and 44
– 88 –
- *SB425*
(c) The members described in paragraphs (a), (d), (g) and (j) of 1
subsection 2 of section 71 of this act to initial terms that begin on 2
the date of the appointment and expire on December 31, 2029. 3
2. The Background and Investigations Advisory Committee 4
created by section 73 of this act: 5
(a) The members described in paragraphs (b) and (e) of 6
subsection 2 of section 73 of this act to initial terms that begin on 7
the date of the appointment and expire on December 31, 2027; 8
(b) The members described in paragraphs (c) and (f) of 9
subsection 2 of section 73 of this act to initial terms that begin on 10
the date of the appointment and expire on December 31, 2028; and 11
(c) The members described in paragraphs (a), (d) and (g) of 12
subsection 2 of section 73 of this act to initial terms that begin on 13
the date of the appointment and expire on December 31, 2029. 14
3. The Probation and Compliance Advisory Committee created 15
by section 75 of this act: 16
(a) The members described in paragraphs (b) and (e) of 17
subsection 2 of section 75 of this act to initial terms that begin on 18
the date of the appointment and expire on December 31, 2027; 19
(b) The members described in paragraphs (c) and (f) of 20
subsection 2 of section 75 of this act to initial terms that begin on 21
the date of the appointment and expire on December 31, 2028; and 22
(c) The members described in paragraphs (a) and (d) of 23
subsection 2 of section 75 of this act to initial terms that begin on 24
the date of the appointment and expire on December 31, 2029. 25
Sec. 141. A license, certificate or registration that is valid on 26
the effective date of this section, and that was issued by the Board of 27
Psychological Examiners, the Board of Examiners for Marriage and 28
Family Therapists and Clinical Professional Counselors, the Board 29
of Examiners for Social Workers, the Board of Examiners for 30
Alcohol, Drug and Gambling Counselors or the Board of Applied 31
Behavior Analysis: 32
1. Shall be deemed to be issued by the Board of Behavioral 33
Health Professionals; and 34
2. Remains valid until its date of expiration, if the holder of the 35
license, certificate or registration, as applicable, otherwise remains 36
qualified for the issuance or renewal of the license, certificate or 37
registration, as applicable, on or after the effective date of this 38
section. 39
Sec. 142. 1. Any administrative regulations adopted by an 40
officer, agency or other entity whose name has been changed or 41
whose responsibilities have been transferred pursuant to the 42
provisions of this act to another officer, agency or other entity 43
remain in force until amended by the officer, agency or other entity 44
– 89 –
- *SB425*
to which the responsibility for the adoption of the regulations has 1
been transferred. 2
2. Any contracts or other agreements entered into by an officer 3
or agency whose name has been changed or whose responsibilities 4
have been transferred pursuant to the provisions of this act to 5
another officer or agency are binding upon the officer or agency to 6
which the responsibility for the administration of the provisions of 7
the contract or other agreement has been transferred. Such contracts 8
and other agreements may be enforced by the officer or agency to 9
which the responsibility for the enforcement of the provisions of the 10
contract or other agreement has been transferred. 11
3. Any action taken by an officer or agency whose name has 12
been changed or whose responsibilities have been transferred 13
pursuant to the provisions of this act to another officer or agency 14
remains in effect as if taken by the officer or agency to which the 15
responsibility for the enforcement of such actions has been 16
transferred. 17
Sec. 143. The provisions of subsection 1 of NRS 218D.380 do 18
not apply to any provision of this act which adds or revises a 19
requirement to submit a report to the Legislature. 20
Sec. 144. The Legislative Counsel shall, in preparing 21
supplements to the Nevada Administrative Code, appropriately 22
change any references to an officer, agency or other entity whose 23
name is changed or whose responsibilities are transferred pursuant 24
to the provisions of this act to refer to the appropriate officer, 25
agency or other entity. 26
Sec. 145. NRS 439A.135 and 439A.138 are hereby repealed. 27
Sec. 146. NRS 641.030, 641.035, 641.040, 641.045, 641.070, 28
641.080, 641.085, 641.090, 641.1105, 641.111, 641.115, 641.125, 29
641.135, 641.140, 641.145, 641A.090, 641A.100, 641A.110, 30
641A.115, 641A.130, 641A.140, 641A.150, 641A.183, 641A.191, 31
641A.200, 641A.205, 641A.207, 641B.100, 641B.105, 641B.110, 32
641B.120, 641B.130, 641B.140, 641B.150, 641B.165, 641B.170, 33
641B.175, 641C.150, 641C.155, 641C.160, 641C.170, 641C.180, 34
641C.210, 641C.230, 641C.240, 641C.760, 641D.200, 641D.210, 35
641D.220, 641D.230, 641D.260, 641D.270 and 641D.320 are 36
hereby repealed. 37
Sec. 147. 1. This section becomes effective upon passage 38
and approval. 39
2. Sections 1 to 20, inclusive, 26 to 33, inclusive, 44 to 49, 40
inclusive, 85 to 101, inclusive, 105, 106, 110, 115, 121, 128, 131 to 41
139, inclusive, and 142 to 145, inclusive, of this act become 42
effective: 43
– 90 –
- *SB425*
(a) Upon passage and approval for the purpose of adopting any 1
regulations and performing any other preparatory administrative 2
tasks that are necessary to carry out the provisions of this act; and 3
(b) On July 1, 2025, for all other purposes. 4
3. Sections 21 to 25, inclusive, 34 to 43, inclusive, 50 to 84, 5
inclusive, 102, 103, 104, 107, 108, 109, 111 to 114, inclusive, 116 6
to 120, inclusive, 122 to 127, inclusive, 129, 130, 140, 141 and 146 7
of this act become effective: 8
(a) Upon passage and approval for the purpose of adopting any 9
regulations and performing any other preparatory administrative 10
tasks that are necessary to carry out the provisions of this act; and 11
(b) For all other purposes, on the date on which the notice 12
provided pursuant to subsection 3 of section 137 of this act provides 13
that the State Office of Health Care Workforce and Licensing of the 14
Division of Public and Behavioral Health of the Department of 15
Health and Human Services will be prepared to carry out the 16
provisions of those sections or January 1, 2027, whichever is earlier. 17
LEADLINES OF REPEALED SECTIONS
439A.135 “Administrator” defined.
439A.138 “Division” defined.
641.030 Creation; number and appointment of members.
641.035 Terms of members; limitation on consecutive
terms.
641.040 Qualifications of members; conflict of interest.
641.045 Required orientation for new members of Board;
policies concerning compensation and performance review of
staff.
641.070 Meetings; quorum.
641.080 Officers.
641.085 Seal.
641.090 Records: Duties of Secretary-Treasurer; custody
and inspection; confidentiality; exceptions.
641.1105 Board may enter into agreement with Department
of Health and Human Services for certain types of
administrative assistance.
641.111 Deposit and expenditure of money.
641.115 Offices; employees; prohibition on payment of
expenses out of State General Fund.
641.125 Hearings and investigations; taking evidence.
641.135 Civil liability.
– 91 –
- *SB425*
641.140 Salary of members; per diem allowance and travel
expenses of members and employees; payment of compensation
and expenses of members and employees.
641.145 Annual report to Joint Interim Standing
Committee on Health and Human Services and Chairs of
regional behavioral health policy boards.
641A.090 Creation; number and appointment of members.
641A.100 Qualifications of members; removal for
misconduct.
641A.110 Eligibility for membership.
641A.115 Required orientation for new members of Board;
policies concerning compensation and performance reviews of
staff.
641A.130 Meetings; quorum.
641A.140 Officers.
641A.150 Duties of Secretary-Treasurer.
641A.183 Annual report to Joint Interim Standing
Committee on Health and Human Services and Chairs of
regional behavioral health policy boards.
641A.191 Confidentiality of certain records of Board;
exceptions.
641A.200 Salary of members; per diem allowance and
travel expenses of members and employees; source of payment
of compensation and expenses of members and employees.
641A.205 Deposit and use of money.
641A.207 Board may e nter into agreement with
Department of Health and Human Services for certain types of
administrative assistance.
641B.100 Appointment by Governor; qualifications.
641B.105 Required orientation for new members of Board;
policies concerning compensation and performance reviews of
staff.
641B.110 Expiration of term; replacement.
641B.120 Officers; elections; meetings; quorum.
641B.130 List of licensed social workers required to be
maintained by Board.
641B.140 Salary of members; per diem allowance and
travel expenses for members and employees.
641B.150 Payment of expenses; deposit of money;
delegation of authority to hearing officer or panel; claim for
attorney’s fees or costs of investigation.
641B.165 Annual report to Joint Interim Standing
Committee on Health and Human Services and Chairs of
regional behavioral health policy boards.
– 92 –
- *SB425*
641B.170 Confidentiality of certain records of Board;
exceptions.
641B.175 Board may enter into agreement with
Department of Health and Human Services for certain types of
administrative assistance.
641C.150 Creation; appointment and qualifications of
members; limitations on civil liability.
641C.155 Required orientation for new members of Board;
policies concerning compensation and performance reviews of
staff.
641C.160 Terms of office; removal of members; election of
officers; meetings; limitations on expenses; maintenance of
records; adoption of seal; quorum.
641C.170 Salary of members; per diem allowance and
travel expenses of members and employees.
641C.180 Location of offices; employment of attorneys,
investigators and other persons.
641C.210 Duties of Executive Director.
641C.230 Annual report to Joint Interim Standing
Committee on Health and Human Services and Chairs of
regional behavioral health policy boards.
641C.240 Board may enter into agreement with
Department of Health and Human Services for certain types of
administrative assistance.
641C.760 Confidentiality of certain records of Board;
exceptions.
641D.200 Creation; membership; terms; meetings; officers;
immunity.
641D.210 Required orientation for new members of Board;
policies concerning compensation and performance review of
staff.
641D.220 Salary of members; per diem allowance and
travel expenses of members and employees.
641D.230 Deposit and use of money received by Board.
641D.260 Board authorized to contract to carry out
provisions of chapter.
641D.270 Records: Duties of Board; inspection;
confidentiality of certain records; exceptions.
641D.320 Board prohibited from denying application based
solely on immigration or citizenship status of applicant;
applicant without social security number required to provide
alternative personally identifying number; confidentiality of
number.
H