Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 368–Assemblymember Carter
CHAPTER..........
AN ACT relating to health care; authorizing a patient in certain
facilities or a resident of a living community for persons with
disabilities or his or her representative to request the
installation and use of an electronic communication device in
the living quarters of the patient or the bedroom of the
resident; prohibiting such a facility or living community or an
employee of such a facility or living community from taking
certain additional actions; prohibiting a provider of supported
living arrangement services from taking certain actions with
regard to the installation and use of an electronic
communication device in the home of a recipient of such
services; providing penalties; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a patient in a facility for skilled nursing or the
representative of the patient to request the installation and use of an electronic
communication device in the living quarters of the patient. Existing law requires
any roommate of the patient to consent before such a device may be installed.
However, if the roomm ate of a patient refuses to consent, existing law requires the
facility for skilled nursing to make reasonable attempts to accommodate the patient,
including by moving either the patient or the roommate with the consent of the
person being moved. (NRS 449A .182) If a facility for skilled nursing approves a
request to install an electronic communication device, existing law provides that the
patient or the representative of the patient who submitted the request is responsible
for choosing the device and payin g certain costs associated with the device.
(NRS 449A.184) Existing law limits the persons who are authorized to view or
listen to the images or sounds which are displayed, broadcast or recorded by an
electronic communication device or temporarily disable or turn off an electronic
communication device. Existing law also prohibits a facility for skilled nursing
from discriminating or retaliating against a patient because of a decision to request
the installation and use of an electronic communication device . (NRS 449A.186)
Existing law establishes civil and criminal penalties that may be imposed against:
(1) a facility for skilled nursing which violates that prohibition; (2) a person, other
than the patient or the representative of the patient, who obstructs , tampers with or
destroys an electronic communication device or any recording made by an
electronic communication device; or (3) a person who views or listens to images or
sounds which are displayed, broadcast or recorded by an electronic communication
device without authorization. (NRS 449A.189, 449A.188) Existing law requires a
facility for skilled nursing to post a notice in a conspicuous place at the entrance to
the living quarters of a patient which contains an electronic communication device
stating that such a device is in that living quarters. Existing law prohibits an
employee of a facility for skilled nursing from refusing to enter into the living
quarters of a patient which contains an electronic communication device or failing
to perform his or her duties because such a device is in use. (NRS 449A.190)
Existing law: (1) authorizes the State Board of Health to adopt regulations
governing electronic communication devices in facilities for skilled nursing; and
(2) provides that the provisions govern ing such electronic communication devices
– 2 –
- 83rd Session (2025)
do not apply to certain devices installed by a law enforcement agency.
(NRS 449A.192)
Sections 8-14 of this bill broaden the applicability of those provisions to
authorize a patient in certain facilities, referred to as covered facilities, to install an
electronic communication device under the same conditions as existing law
establishes for a patient in a facility for skilled nursing. Section 3 of this bill
defines the term “covered facility” to mean: (1) a faci lity for intermediate care; (2)
a facility for skilled nursing; (3) a home for individual residential care; (4) a unit for
the provision of long-term care in a hospital; (5) a residential facility for groups; or
(6) assisted living services provided in a s enior living community. Sections 4-6 of
this bill define the terms “facility for intermediate care,” “home for individual
residential care” and “senior living community,” respectively, to have the meanings
ascribed to them in existing law. Section 7 of this bill establishes the applicability
of those definitions. Section 1.5 of this bill authorizes the Division of Public and
Behavioral Health of the Department of Health and Human Services to deny an
application for a license for or suspend or revoke the lic ense of a covered facility
that fails to comply with provisions governing the installation and use of electronic
communication devices.
Sections 24-31 of this bill enact provisions governing the installation of
electronic communication devices by residents of living communities for persons
with disabilities. Sections 24-30 authorize a resident of such a living community or
the representative of the resident to request the installation and use of an electronic
communication device in the bedroom of the resident under similar conditions to
those that currently apply to a patient in a facility for skilled nursing. Section 24 of
this bill prescribes the requirements for a person to serve as the representative of a
resident. Section 28 establishes civil and criminal penalties that may be imposed
against a living community or person who engages in certain prohibited conduct
relating to electronic communication devices in living communities . Section 31
prohibits a person from posting or otherwise uploading onto an Internet website an
image or a sound of an employee or independent contractor of a living community
displayed, broadcasted or recorded on an electronic commination device. Section
32 of this bill prohibits a provider of supported living arrangement services in the
home of a recipient of such services from: (1) entering into a contract that prohibits
the recipient from installing and using an electronic communication device in his or
her home; or (2) taking certain actions against a recipient because the recipient has
installed or used an electronic communication device in his or her home. Sections
20-23 of this bill define certain terms, and section 1 8 of this bill establishes the
applicability of those definitions. Section 30 authorizes the Administrator of the
Aging and Disability Services Division of the Department to adopt regulations as
necessary to carry out sections 18-32. Section 33 of this bill makes the definition of
“supported living arrangement services” applicable to sections 18-32. Sections 1,
15, 16 and 34 -36 of this bill update references to that definition and make other
technical updates related to the change made in section 33.
– 3 –
- 83rd Session (2025)
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 449. 0185 is hereby amended to read as
follows:
449.0185 “Supported living arrangement services” has the
meaning ascribed to it in NRS [435.3315.] 435.007.
Sec. 1.5. NRS 449.160 is hereby amended to read as follows:
449.160 1. The Division may deny an application for a
license or may suspend or revoke any license issued under the
provisions of NRS 449.029 to 449.2428, inclusive, upon any of the
following grounds:
(a) Violation by the applicant or the licensee of an y of the
provisions of NRS 439B.410, 449.029 to 449.245, inclusive, or
449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286,
inclusive, or of any other law of this State or of the standards, rules
and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal
act.
(c) Conduct inimical to the public health, morals, welfare and
safety of the people of the State of Nevada in the maintenance and
operation of the premises for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the
occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the
Director of the Department of Health and Human Services as
required by NRS 439A.100 or 439A.102 o r as provided in any
regulation adopted pursuant to NRS 449.001 to 449.430, inclusive,
and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such
approval is required, including, without limitation, the closure or
conversion of any hospital in a co unty whose population is 100,000
or more that is owned by the licensee without approval pursuant to
NRS 439A.102.
(f) Failure to comply with the provisions of NRS 441A.315 and
any regulations adopted pursuant thereto or NRS 449.2486.
(g) Violation of the provisions of NRS 458.112.
(h) Failure to comply with the provisions of NRS 449A.170 to
449A.192, inclusive, and sections 3 to 6, inclusive, of this act and
any regulation adopted pursuant thereto.
(i) Violation of the provisions of NRS 629.260.
– 4 –
- 83rd Session (2025)
2. In addition to the provisions of subsection 1, the Division
may revoke a license to operate a facility for the dependent if, with
respect to that facility, the licensee that operates the facility, or an
agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of
NRS 202.470;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS
244.360, 244.3603 or 268.4124; or
(c) Is ordered by the appropriate governmental agency to correct
a violation of a building, safety or health code or regulation but fails
to correct the violation.
3. The Division shall maintain a log of any complaints that it
receives relating to activities for which the Division may revoke the
license to operate a facility for the dependent pursuant to sub section
2. The Division shall provide to a facility for the care of adults
during the day:
(a) A summary of a complaint against the facility if the
investigation of the complaint by the Division either substantiates
the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the
complaint; and
(c) A report of any disciplinary action taken against the facility.
The facility shall make the information available to the public
pursuant to NRS 449.2486.
4. On or before Fe bruary 1 of each odd -numbered year, the
Division shall submit to the Director of the Legislative Counsel
Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the
Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to
subsection 2.
Sec. 2. Chapter 449A of NRS is hereby amended by adding
thereto the provisions set forth as sections 3 to 6, inclusive, of this
act.
Sec. 3. “Covered facility” means:
1. A facility for intermediate care;
2. A facility for skilled nursing;
3. A home for individual residential care;
4. A unit for the provision of long-term care in a hospital;
5. A residential facility for groups; or
6. A unit in a senior living community for the provision of
assisted living services or a senior living community that provides
only assisted living services.
– 5 –
- 83rd Session (2025)
Sec. 4. “Facility for intermediate care” has the meaning
ascribed to it in NRS 449.0038.
Sec. 5. “Home for individual residential care” has the
meaning ascribed to it in NRS 449.0105.
Sec. 6. “Senior living community” has the meaning ascribed
to it in NRS 449.0179.
Sec. 7. NRS 449A.170 is hereby amended to read as follows:
449A.170 As used in NRS 449A.170 to 449A.192, inclusive,
and sections 3 to 6, inclusive, of this act, unless the context
otherwise requires, the words and terms defined in NRS 449A.172
to 449A.178, inclusive, and sections 3 to 6, inclusive, of this act
have the meanings ascribed to them in those sections.
Sec. 8. NRS 449A.180 is hereby amended to read as follows:
449A.180 A person may serve as the representative of a patient
in a covered facility , [for skilled nursing, ] including, without
limitation, a patient who is the roommate of a patient who wishes to
submit or has submitted a request pursuant to NRS 449A.182, for
the purposes of NRS 449A.170 to 449A.192, inclusive, and sections
3 to 6, inclusive, of this act, if the person:
1. Is the guardian of the patient whom he or she is representing
and:
(a) The power to mak e decisions on behalf of the patient
pursuant to NRS 449A.170 to 449A.192, inclusive, and sections 3
to 6, inclusive, of this act is specifically authorized under the
existing guardianship; or
(b) The guardian has separately petitioned for and been grante d
such power by the court that has jurisdiction over the guardianship;
or
2. Has been given power of attorney to make decisions
concerning health care for the patient pursuant to NRS 162A.700 to
162A.870, inclusive, and the power to make decisions on be half of
the patient pursuant to NRS 449A.170 to 449A.192, inclusive, and
sections 3 to 6, inclusive, of this act is specifically delegated to the
person in the power of attorney.
Sec. 9. NRS 449A.182 is hereby amended to read as follows:
449A.182 1. A patient in a covered facility [for skilled
nursing] or the representative of the patient may request the
installation and use of an electronic communication device in the
living quarters of the patient by submitting to the covered facility :
[for skilled nursing:]
(a) A completed form prescribed by the facility pursuant to
subsection 3; or
– 6 –
- 83rd Session (2025)
(b) If the facility has not prescribed a form pursuant to
subsection 3, a written request that meets the requirements of
subsection 2.
2. A request submitted pursuant to subsection 1 must include
or be accompanied by:
(a) Information regarding the type, function and expected use of
the electronic communication device which will be installed and
used;
(b) The name and contact informat ion for any person other than
the patient or his or her representative who is authorized to view or
listen to the images or sounds which are displayed, broadcast or
recorded by the electronic communication device pursuant to
subsection 3 of NRS 449A.186;
(c) An agreement by the patient or the representative of the
patient to, except as otherwise provided by NRS 449A.186:
(1) Waive the patient’s right to privacy in connection with
use of the electronic communication device; and
(2) Release the covered facility [for skilled nursing] and any
employee of the facility from any administrative, civil or criminal
liability for a violation of the patient’s right to privacy in connection
with use of the electronic communication device;
(d) If the patient has a roommate:
(1) The written consent of the roommate or the representative
of the roommate to the installation and use of an electronic
communication device in the living quarters of the patient; and
(2) An agreement by the roommate or the representative of
the roommate to, except as otherwise provided in NRS 449A.186:
(I) Waive the roommate’s right to privacy in connection
with use of the electronic communication device; and
(II) Release the covered facility [for skilled nursing] and
any employee of the facility from any administrative, civil or
criminal liability for a violation of the roommate’s right to privacy
in connection with the use of the electronic communication device;
and
(e) If the request is submitted by the representative of the
patient, proof that the representative of the patient meets the
requirements of NRS 449A.180.
3. A covered facility [for skilled nursing] may prescribe a form
for use by a patient or the representative of a patient to request to
install and use an electronic communication device in the living
quarters of the patient. To the extent practicable, such a form must
be provided in a language chosen by the patient or the representative
of the patient. Such a form must include, without limitation:
– 7 –
- 83rd Session (2025)
(a) An explanation of the provisions of NRS 449A.170 to
449A.192, inclusive [;] , and sections 3 to 6, inclusive, of this act;
and
(b) Places to record the information, agreements and consent
described in paragraphs (a) to (d), inclusive, of subsection 2.
4. A covered facility [for skilled nursing ] shall approve a
request by a patient or the representative of a patient pursuant to this
section if the request meets the requirements of this section.
5. If the roommate or the representative of the roommate of a
patient who wishes to submit a request pursuant to subsection 1, or
whose representative wishes to submit such a request, refuses to
provide consent and enter into the agreement required by paragraph
(d) of subsection 2, the covered facility [for skilled nursing] shall
make reasonable attempts to accommodate the patient. Such
reasonable attempts may include, without limitation, moving either
the patient or his or her roommate to different living quarters with
the consent of the person being moved or his or her representative.
6. A patient or the representative of a patient who has
submitted a request pursuant to subsection 1, a roommate who has
provided consent pursuant to paragraph (d) of subsection 2 or the
representative of such a roommate may withdraw the request or
consent at any time, including, without limitation, after the request
has been approved or after an electronic communication device has
been installed, by submitting a written revocation to the covered
facility . [for skilled nursing. ] Not later than 24 hours after the
submission of such a written revocation, the covered facility [for
skilled nursing ] shall cause the removal of any electronic
communication device that has been installed.
Sec. 10. NRS 449A.184 is hereby amended to read as follows:
449A.184 1. If a covered facility [for skilled nursing ]
approves a request to install and use an electronic communication
device in the living quarters of a patient pursuant to NRS 449A.182,
the patient or the representative of the patient is solely responsible
for:
(a) Choosing the electronic communication device, subject to
the limitations prescribed by subsection 3;
(b) The cost of the electronic communication device;
(c) The cost of installing, maintaining and removing the
electronic communication device, if applicable, other than the cost
of electricity used to power the electronic communication device;
and
(d) The cost of any repairs required due to the installation or
removal of the device.
– 8 –
- 83rd Session (2025)
2. A patient who is dis charged from a covered facility [for
skilled nursing ] or the representative of such a patient remains
solely responsible for the costs described in subsection 1, including,
without limitation, such costs that are incurred after the discharge of
the patient.
3. An electronic communication device chosen by a patient or
the representative of a patient pursuant to subsection 1 must:
(a) Be capable of being temporarily disabled or turned on and
off; and
(b) If the device communicates using video or ot her visual
transmission, to the greatest extent practicable, be installed:
(1) With a fixed viewpoint of the living quarters; or
(2) In a manner that avoids capturing images of activities
such as bathing, dressing and toileting.
Sec. 11. NRS 449A.186 is hereby amended to read as follows:
449A.186 1. Except as otherwise provided in this section, a
person other than the patient or the representative of the patient who
has requested the installation and use of an electronic
communication device pursuant to NRS 449A.182 shall not
intentionally:
(a) Obstruct, tamper with or destroy the electronic
communication device or any recording made by the electronic
communication device; or
(b) View or listen to any images o r sounds which are displayed,
broadcast or recorded by the electronic communication device.
2. The following persons may view or listen to the images or
sounds which are displayed, broadcast or recorded by an electronic
communication device installed and used pursuant to NRS
449A.182 or temporarily disable or turn off such a device:
(a) A representative of a law enforcement agency who is
conducting an investigation;
(b) A representative of the Aging and Disability Services
Division or the Division of Pu blic and Behavioral Health of the
Department of Health and Human Services who is conducting an
investigation;
(c) The State Long-Term Care Ombudsman; and
(d) An attorney who is representing the patient or a roommate of
the patient and acting within the scope of that representation.
3. A patient or the representative of the patient who has
requested the installation and use of an electronic communication
device pursuant to NRS 449A.182 may authorize a person other
than a person described in subsection 2 to view or listen to the
images or sounds which are displayed, broadcast or recorded by the
– 9 –
- 83rd Session (2025)
electronic communication device. Any such authorization must be
made in writing. The patient or representative, as applicable, may
provide a copy of the authorizat ion to the facility and the roommate
of the patient or the representative of the roommate, if any.
4. A person who temporarily disables or turns off an electronic
communication device pursuant to subsection 2 shall ensure that the
functions of the electr onic communication device are appropriately
enabled or turned back on before exiting the living quarters of the
patient.
5. A covered facility [for skilled nursing ] shall not deny
admission to or discharge a patient from the facility or otherwise
discriminate or retaliate against a patient because of a decision to
request the installation and use of an electronic communication
device in the living quarters of the patient pursuant to
NRS 449A.182.
Sec. 12. NRS 449A.188 is hereby amended to read as follows:
449A.188 1. A natural person who violates subsection 1 of
NRS 449A.186:
(a) For a first offense, is liable for a civil penalty not to exceed
$5,000.
(b) For a second and any subsequent offense:
(1) Is liable for a civil penalty not to exceed $10,000 for each
violation; and
(2) Is guilty of a misdemeanor.
2. In addition to any disciplinary action imposed pursuant to
chapter 449 of NRS, a covered facility [for skilled nursing] or any
person, partnership, association or corporation establishing,
conducting, managing or operating a covered facility [for skilled
nursing] who violates subsection 1 or 5 of NRS 449A.186:
(a) For a first offense, is liable for a civil penalty not to e xceed
$10,000.
(b) For a second and any subsequent offense:
(1) Is liable for a civil penalty not to exceed $20,000 for each
violation; and
(2) Is guilty of a misdemeanor.
3. The Attorney General or any district attorney may recover
any civil penalt y assessed pursuant to this section in a civil action
brought in the name of the State of Nevada in any court of
competent jurisdiction.
Sec. 13. NRS 449A.190 is hereby amended to read as follows:
449A.190 1. A covered facility [for skilled nursing ] shall
post a notice in a conspicuous place at the entrance to the living
– 10 –
- 83rd Session (2025)
quarters of a patient which contains an electronic communication
device stating that such a device is in use in that living quarters.
2. An employee o f a covered facility [of skilled nursing] shall
not refuse to enter the living quarters of a patient which contains an
electronic communication device installed pursuant to NRS
449A.182 or fail to perform any of the duties of the employee on the
grounds that such a device is in use.
Sec. 14. NRS 449A.192 is hereby amended to read as follows:
449A.192 1. The State Board of Health may adopt
regulations necessary to carry out the provisions of NRS 449A.170
to 449A.192, inclusive [.] , and sections 3 to 6, inclusive, of this
act.
2. The provisions of NRS 449A.170 to 449A.192, inclusive,
and sections 3 to 6, inclusive, of this act, do not apply if an
electronic communication device is installed by a law enforcement
agency and used solely for a legitimate law enforcement purpose.
Sec. 15. NRS 159.081 is hereby amended to read as follows:
159.081 1. A guardian of the person shall make and file in
the guardianship proceeding for review of the court a written report
on the condition of the protected person and the exercise of
authority and performance of duties by the guardian:
(a) Annually, not later than 60 days after the anniversary date of
the appointment of the guardian;
(b) Within 10 days of moving a protected person to a secured
residential long-term care facility; and
(c) At such other times as the court may order.
2. A report filed pursuant to paragraph (b) of subsection 1
must:
(a) Include a copy of the written recommendation upon which
the transfer was made; and
(b) Except as otherwise provided in subsection 6, be served,
without limitation, on the protected person and any attorney for the
protected person.
3. The court may prescribe the form for filing a report
described i n subsection 1. Such a report must include, without
limitation:
(a) The physical condition of the protected person;
(b) The place of residence of the protected person;
(c) The name of all other persons living with the protected
person unless the protect ed person is residing at a secured
residential long -term care facility, group home, supportive living
facility, home in which supported living arrangement services are
– 11 –
- 83rd Session (2025)
provided, assisted living facility or other facility for long -term care;
and
(d) Any other information required by the court.
4. The guardian of the person shall give to the guardian of the
estate, if any, a copy of each report not later than 30 days after the
date the report is filed with the court.
5. The court is not required to hold a hearing or enter an order
regarding the report.
6. The court may waive the requirement set forth in paragraph
(b) of subsection 2 that a report filed pursuant to paragraph (b) of
subsection 1 must be served on a protected person upon a showing
that such service is detrimental to the physical or mental health of
the protected person.
7. As used in this section:
(a) “Facility for long -term care” has the meaning ascribed to it
in NRS 427A.028.
(b) “Supported living arrangement services” has the meaning
ascribed to it in NRS [435.3315.] 435.007.
Sec. 16. NRS 427A.0292 is hereby amended to read as
follows:
427A.0292 “Living arrangement services” means:
1. Community-based living arrangement services, as defined in
NRS 449.0026, that include:
(a) Intensive services and overnight supervision of recipients
who require training concerning behavioral skills, self -care and
management of medications; or
(b) Services in the home for recipients with chronic medical
conditions and severe mental illness who require habilitation or
rehabilitation services, or both; and
2. Supported living arrangement services, as defined in NRS
[435.3315,] 435.007 that include 24-hour care.
Sec. 17. Chapter 435 of NRS is hereby amended by adding
thereto the provisions set forth as sections 18 to 32, inclusive, of this
act.
Sec. 18. As used in sections 1 8 to 32, inclusive, of this act,
unless the context otherwise requires, the words and terms defined
in sections 20 to 23, inclusive, of this act have the meanings
ascribed to them in those sections.
Sec. 19. (Deleted by amendment.)
Sec. 20. “Guardian” has the meaning ascribed to it in
NRS 159.017.
Sec. 21. “Living community for persons with disabilities” or
“living community” means:
– 12 –
- 83rd Session (2025)
1. A provider-operated residential supported living
arrangement; and
2. Any other housing arrangement that provides assistance,
food, shelter or limited supervision to persons with intellectual
disabilities or physical disabilities for compensation and is not a
covered facility, as defined in section 3 of this act.
Sec. 21.5. “Provider-operated residential supported living
arrangement” means a residential setting that is owned, operated
or otherwise controlled by a provider of supported living
arrangement services.
Sec. 22. “Representative” means a person who is authorized
to serve as the representative of a resident pursuant to section 24
of this act.
Sec. 23. “Resident” means a person who resides in a living
community for persons with disabilities.
Sec. 24. A person may serve as the representative of a
resident, including, without limitation, a resident who is the
roommate of a resident who wishes to submit or has submitted a
request pursuant to section 25 of this act, for the purposes of
sections 24 to 29, inclusive, of this act, if the person:
1. Is the guardian of the resident whom he or she is
representing and:
(a) The power to make decisions on behalf of the resident
pursuant to sections 24 to 29, inclusive, of this act is specifically
authorized under the existing guardianship; or
(b) The guardian has separately petitioned for and been
granted such power by the court that has jurisdiction over the
guardianship; or
2. Has been given power of attorney to make decisions
concerning health care for the resident pursuant to NRS 162A.700
to 162A.870, inclusive, and the power to make decisions on behalf
of the resident pursuant to sections 24 to 29, inclusive, of this act
is specifically delegated to the person in the power of attorney.
Sec. 25. 1. A resident or the representative of a resident
may request the installation and use of an electronic
communication device in the bedroom of th e resident by
submitting to the living community in which he or she resides:
(a) A completed form prescribed by the living community
pursuant to subsection 3; or
(b) If the living community has not prescribed a form pursuant
to subsection 3, a written re quest that meets the requirements of
subsection 2.
– 13 –
- 83rd Session (2025)
2. A request submitted pursuant to subsection 1 must include
or be accompanied by:
(a) Information regarding the type, function and expected use
of the electronic communication device which will be installed and
used;
(b) The name and contact information for any person other
than the resident or his or her representative who is authorized to
view or listen to the images or sounds which are displayed,
broadcast or recorded by the electronic communication device
pursuant to subsection 3 of section 27 of this act;
(c) An agreement by the resident or the representative of the
resident to, except as otherwise provided by section 27 of this act:
(1) Waive the resident’s right to privacy in connection with
use of the electronic communication device; and
(2) Release the living community and any em ployee of the
living community from any administrative, civil or criminal
liability for a violation of the resident’s right to privacy in
connection with use of the electronic communication device;
(d) If the resident has a roommate:
(1) The written con sent of the roommate or the
representative of the roommate to the installation and use of an
electronic communication device in the bedroom of the resident;
and
(2) An agreement by the roommate or the representative of
the roommate to, except as otherwise provided in section 27 of this
act:
(I) Waive the roommate’s right to privacy in connection
with use of the electronic communication device; and
(II) Release the living community and any employee of
the living community from any administrative, civ il or criminal
liability for a violation of the roommate’s right to privacy in
connection with the use of the electronic communication device;
and
(e) If the request is submitted by the representative of the
resident, proof that the representative of the resident meets the
requirements of section 24 of this act.
3. A living community may prescribe a form for use by a
resident or the representative of a resident to request to install and
use an electronic communication device in the bedroom of the
resident. To the extent practicable, such a form must be provided
in a language chosen by the resident or the representative of the
resident. Such a form must include, without limitation:
– 14 –
- 83rd Session (2025)
(a) An explanation of the provisions of sections 24 to 2 9,
inclusive, of this act; and
(b) Places to record the information, agreements and consent
described in paragraphs (a) to (d), inclusive, of subsection 2.
4. A living community shall approve a request by a resident
or the representative of a resident pursuant to this se ction if the
request meets the requirements of this section.
5. If the roommate or the representative of the roommate of a
resident who wishes to submit a request pursuant to subsection 1,
or whose representative wishes to submit such a request, refuses to
provide consent and enter into the agreement required by
paragraph (d) of subsection 2, the living community shall make
reasonable attempts to accommodate the resident. Such
reasonable attempts may include, without limitation, moving
either the resident or his or her roommate to a different bedroom
within the living community with the consent of the resident being
moved or his or her representative.
6. A resident or the representative of a resident who has
submitted a request pursuant to subsection 1, a roommate who has
provided consent pursuant to paragraph (d) of subsection 2 or the
representative of such a roommate may withdraw the request or
consent at any time, including, without limitation, after the request
has been approved or after an electronic communication device
has been installed, by submitting a written revocation to the living
community. Not later than 24 hours after the submission of such a
written revocation, the living community shall cause the removal
of any electronic communication device that has been installed.
Sec. 26. 1. If a living community approves a request to
install and use an electronic communication device in the
bedroom of a resident pursuant to section 25 of this act, the
resident or the representative of the resident is solely responsible
for:
(a) Choosing the electronic communication device, subject to
the limitations prescribed by subsection 3;
(b) The cost of the electronic communication device;
(c) The cost of installing, maintaining and removing the
electronic communication device, if applicable, other than the cost
of electricity used to power the electronic communication device if
the resident does not pay for electricity for his or her bedroom;
and
(d) The cost of any repairs required due to the installation or
removal of the device.
– 15 –
- 83rd Session (2025)
2. A resident who ceases to reside in a living community or
the representative of such a resident remains solely responsible for
the costs described in subsection 1 , including, without limitation,
such costs that are incurred after the person leaves the living
community.
3. An electronic communication device chosen by a resident
or the representative of a resident pursuant to subsection 1 must:
(a) Be capable of being temporarily disabled or turned on and
off; and
(b) If the device communicates using video or other visual
transmission, to the greatest extent practicable, be installed:
(1) With a fixed viewpoint; or
(2) In a manner tha t avoids capturing images of activities
such as bathing, dressing and toileting.
Sec. 27. 1. Except as otherwise provided in this section, a
person, other than the resident or the representative of the resident
who has req uested the installation and use of an electronic
communication device pursuant to section 25 of this act, shall not
intentionally:
(a) Obstruct, tamper with or destroy the electronic
communication device or any recording made by the electronic
communication device; or
(b) View or listen to any images or sounds which are displayed,
broadcast or recorded by the electronic communication device.
2. The following persons may view or listen to the images or
sounds which are displayed, broadcast or recorded by an
electronic communication device installed and used pursuant to
section 25 of this act or temporarily disable or turn off such a
device:
(a) A representative of a law enforcement agency who is
conducting an investigation;
(b) A representative of the D ivision who is conducting an
investigation; or
(c) An attorney who is representing the resident or a roommate
of the resident and acting within the scope of that representation.
3. A resident or the representative of the resident who has
requested the installation and use of an electronic communication
device pursuant to section 25 of this act may authorize a person
other than a person described in subsection 2 to view or listen to
the images or sounds which are displayed, broadcast or recorded
by the el ectronic communication device. Any such authorization
must be made in writing. The resident or representative, as
applicable, may provide a copy of the authorization to the living
– 16 –
- 83rd Session (2025)
community and the roommate of the resident or the representative
of the roommate, if any.
4. A person who temporarily disables or turns off an
electronic communication device pursuant to subsection 2 shall
ensure that the functions of the electronic communication device
are appropriately enabled or turned back on before exiting the
bedroom of the resident.
5. A living community shall not evict a resident, refuse to
renew a contract with a resident or otherwise require a resident to
leave the living community or discriminate or retaliate against a
resident because of a decision to request the installation and use
of an electronic communication device in the bedroom of the
resident pursuant to section 25 of this act.
6. A person shall not use an electronic communication device
to control the act ions of a resident or otherwise violate any right
that a resident has pursuant to 42 C.F.R. § 441.301(c)(4) , where
applicable.
Sec. 28. 1. A natural person who violates subsection 1 of
section 27 of this act:
(a) For a first offense, is liable for a civil penalty not to exceed
$5,000.
(b) For a second and any subsequent offense:
(1) Is liable for a civil penalty not to exceed $10,000 for
each violation; and
(2) Is guilty of a misdemeanor.
2. In addition to any dis ciplinary action imposed pursuant to
regulations adopted pursuant to NRS 435.333, where applicable, a
living community that violates subsection 1 or 5 of section 2 7 of
this act:
(a) For a first offense, is liable for a civil penalty not to exceed
$10,000.
(b) For a second and any subsequent offense:
(1) Is liable for a civil penalty not to exceed $20,000 for
each violation; and
(2) Is guilty of a misdemeanor.
3. The Attorney General or any district attorney may recover
any civil penalty assessed pursuant to this section in a civil action
brought in the name of the State of Nevada in any court of
competent jurisdiction.
Sec. 29. 1. A living community shall post a notice in a
conspicuous place at the entrance to the bedroom of a resident
which contains an electronic communication device stating that
such a device is in use in the bedroom.
– 17 –
- 83rd Session (2025)
2. An employee of a living community shall not refuse to
enter the bedroom of a resident which contains an electronic
communication device installed pursuant to section 25 of this act
or fail to perform any of the duties of the employee on the grounds
that such a device is in use.
Sec. 30. 1. The Administrator may adopt regulations
necessary to carry out the provisions of section 18 to 32, inclusive,
of this act.
2. The provisions of sections 18 to 31, inclusive, of this act do
not apply if an electronic communication device is installed by a
law enforcement agency and used solely for a legitim ate law
enforcement purpose.
Sec. 31. 1. A resident of a living community or any other
person who has authority to view or listen to the images or sounds
which are displayed, broadcast or recorded by the electronic
communication device pursuant to subsection 3 of section 2 7 of
this act may not post, upload or otherwise share any images or
sounds displayed, broadcasted or recorded by the electronic
communication device of an employee or independent contractor
of a living com munity on a n Internet website or technology
application, including, without limitation, a social media, image
sharing or open communication Internet website.
2. For a first violation of this section , a living community
shall notify the resident and his o r her representative , if
applicable, that a second violation will authorize the living
community to take the actions authorized by subsection 3.
3. For a second or subsequent violation of this section , a
living community may:
(a) Refuse to provide services to the resident when the
electronic communication device is on; or
(b) Revoke the authority of the resident to have an electronic
communication device in his or her bedroom.
Sec. 32. 1. A provider of supported living arrangement
services that provides such services in the home of a person
receiving such services shall not enter into a contract or
agreement that prohibits the installation or use of an electronic
communication device in the home of the person. Any contract or
agreement that is entered into in violation of this subsection is
void.
2. A provider of supported living arrangement services or an
employee or independent contractor of such a provider shall not:
(a) Refuse to enter the home of a person who is receiving
supported living arrangement services;
– 18 –
- 83rd Session (2025)
(b) Refuse to provide supported living arrangement services to
a person; or
(c) Otherwise discriminate or retaliate against a person,
because an electronic communication device has been installed
or is in use in the home of the person.
3. As used in this section, “home” does not include a
provider-operated residential supported living arrangement.
Sec. 33. NRS 435.007 is hereby amended to read as follows:
435.007 As used in this chapter, unless the context otherwise
requires:
1. “Administrative officer” means a person with overall
executive and administrative responsibility for those state or
nonstate intellectual and developmental disability centers designated
by the Administrator.
2. “Administrator” means the Administrator of the Division.
3. “Child” means any person under the age of 18 years who
may be eligible for intellectual disability services or developmental
disability services.
4. “Department” means the Department of Health and Human
Services.
5. “Developmental disability” means autism, cerebral palsy,
epilepsy, a fetal alcohol spectrum disorder or any other neurological
condition diagnosed by a qualified professional that:
(a) Is manifested before the person affected attains the age of 22
years;
(b) Is likely to continue indefinitely;
(c) Results in substantial functional limitations, as measured by
a qualified professional, in three or more of the following areas of
major life activity:
(1) Taking care of oneself;
(2) Understanding and use of language;
(3) Learning;
(4) Mobility;
(5) Self-direction; and
(6) Capacity for independent living; and
(d) Results in the person affected requiring a combination of
individually planned and coordinated services, support or other
assistance that is lifelong or has an extended duration.
6. “Director of the Department” means the administrative head
of the Department.
7. “Division” means the Aging and Disability Services
Division of the Department.
– 19 –
- 83rd Session (2025)
8. “Division facility” means any unit or subunit operated by the
Division for the care, treatment and training of consumers.
9. “Fetal alcohol spectrum disorder” has the meaning ascribed
to it in NRS 432B.0655.
10. “Intellectual disability” means significantly subaverage
general intellectual functioning existing concurrently with deficits in
adaptive behavior and manifested during the developmental period.
11. “Intellectual and developmental disability center” means an
organized program for providing appropriate services and treatment
to persons with intellectual disabilities and persons with
developmental disabilities. An intellectual and developmental
disability center may include facilities for residential treatment and
training.
12. “Medical director” means the chief medical officer of any
program of the Division for persons with intellectual disabilities or
developmental disabilities.
13. “Mental illness” has the meaning ascribed to it in
NRS 433.164.
14. “Parent” means the parent of a child. The term does not
include the parent of a person who has attained the age of 18 years.
15. “Person” includes a child and any other consumer with an
intellectual disability and a child or any other consumer with a
developmental disability who has attained the age of 18 years.
16. “Person professionally qualified in the field of psychiatric
mental health” has the meaning ascribed to it in NRS 433.209.
17. “Residential facility for groups” means a structure simila r
to a private residence which will house a small number of persons in
a homelike atmosphere.
18. “Supported living arrangement services” means flexible,
individualized services provided in the home, for compensation, to
a person with an intellectual dis ability or a person with a
developmental disability who is served by the Division that are
designed and coordinated to assist the person in maximizing the
person’s independence, including, without limitation, training and
habilitation services.
19. “Training” means a program of services directed primarily
toward enhancing the health, welfare and development of persons
with intellectual disabilities or persons with developmental
disabilities through the process of providing those experiences that
will enable the person to:
(a) Develop his or her physical, intellectual, social and
emotional capacities to the fullest extent;
– 20 –
- 83rd Session (2025)
(b) Live in an environment that is conducive to personal dignity;
and
(c) Continue development of those skills, habits and attitudes
essential to adaptation in contemporary society.
[19.] 20. “Treatment” means any combination of procedures or
activities, of whatever level of intensity and whatever duration,
ranging from occasional counseling sessions to full -time admission
to a residential facility.
Sec. 34. NRS 435.3305 is hereby amended to read as follows:
435.3305 As used in NRS 435.3305 to 435.339, inclusive,
unless the context otherwise requires, [the words and terms defined
in NRS 435.331 and 435.3315 have the meanings ascribed to them
in those sections. ] “certificate” means a certificate to provide
supported living arrangement services that is issued pursuant to
NRS 435.3305 to 435.339, inclusive, and the regulations adopted
pursuant to NRS 435.3305 to 435.339, inclusive.
Sec. 35. NRS 632.316 is hereby amended to read as follows:
632.316 The provisions of NRS 632.315 do not prohibit:
1. Gratuitous nursing by friends or by members of the family
of a patient.
2. The incidental care of the sick by domestic servants or
persons primarily employed as housekeepers as long as they do not
practice nursing within the meaning of this chapter.
3. Nursing assistance in the case of an emergency.
4. The practice of nu rsing by students enrolled in accredited
schools of nursing or by graduates of those schools or courses
pending the results of the first licensing examination scheduled by
the Board following graduation. A student or graduate may not work
as a nursing assi stant unless the student or graduate is certified to
practice as a nursing assistant pursuant to the provisions of this
chapter.
5. The practice of nursing in this State by any legally qualified
nurse or nursing assistant of another state whose engagemen t
requires the nurse or nursing assistant to accompany and care for a
patient temporarily residing in this State during the period of one
such engagement, not to exceed 6 months, if the person does not
represent or hold himself or herself out as a nurse li censed to
practice in this State or as a nursing assistant who holds a certificate
to practice in this State.
6. The practice of nursing by any person who is employed by
the United States Government, or any bureau, division or agency
thereof, while in th e discharge of his or her official duties in this
State, including, without limitation, providing medical care in a
– 21 –
- 83rd Session (2025)
hospital in accordance with an agreement entered into pursuant to
NRS 449.2455.
7. Nonmedical nursing for the care of the sick, with or wi thout
compensation, if done by the adherents of, or in connection with, the
practice of the religious tenets of any well -recognized church or
religious denomination, if that nursing does not amount to the
practice of practical or professional nursing as de fined in NRS
632.017 and 632.018, respectively.
8. A personal assistant from performing services for a person
with a disability pursuant to NRS 629.091.
9. A natural person from providing community -based living
arrangement services if:
(a) That person has been issued a license pursuant to chapter 449
of NRS and the regulations adopted pursuant thereto; or
(b) That person is employed or retained as an independent
contractor by a partnership, firm, corporation or association, state or
local government o r agency thereof that has been issued a license
pursuant to chapter 449 of NRS and the regulations adopted
pursuant thereto.
As used in this subsection, “community-based living arrangement
services” has the meaning ascribed to it in NRS 449.0026.
10. A natural person from providing supported living
arrangement services if:
(a) That person has been issued a certificate pursuant to NRS
435.3305 to 435.339, inclusive, and the regulations adopted
pursuant to NRS 435.3305 to 435.339, inclusive; or
(b) That person is employed or retained as an independent
contractor by a partnership, firm, corporation or association, state or
local government or agency thereof that has been issued a certificate
pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations
adopted pursuant to NRS 435.3305 to 435.339, inclusive.
As used in this subsection, “supported living arrangement
services” has the meaning ascribed to it in NRS [435.3315.]
435.007.
11. A natural person from providing jobs and day training
services if:
(a) That person has been issued a certificate pursuant to NRS
435.130 to 435.310, inclusive, and the regulations adopted pursuant
to NRS 435.130 to 435.310, inclusive; or
(b) That person is employed or retained as an independent
contractor by a partnership, firm, corporation or association, state or
local government or agency thereof that has been issued a certificate
– 22 –
- 83rd Session (2025)
pursuant to NRS 435.130 to 435.310, inclusive, and the regulations
adopted pursuant to NRS 435.130 to 435.310, inclusive.
As used in this subsection, “jobs and day training services” has
the meaning ascribed to it in NRS 435.176.
Sec. 36. NRS 435.331 and 435.3315 are hereby repealed.
Sec. 37. 1. This section becomes effective upon passage and
approval.
2. Sections 1 to 36, inclusive, of this act become effective:
(a) Upon passage and approval for the purpose of adopting any
regulations and performing any other preparatory administrative
tasks that are necessary to carry out the provisions of this act; and
(b) On or before October 1, 2025, for all other purposes.
20 ~~~~~ 25