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- 83rd Session (2025)
Assembly Bill No. 519–Committee on
Health and Human Services
CHAPTER..........
AN ACT relating to health care; establishing separate provisions for
the licensing or certification, regulation and discipline of
agencies to provide personal care services in the home,
employment agencies that contract to provide certain
nonmedical services and intermediary service organizations;
enacting provisions to facilitate the collecting of certain debts
from applicants for certain licenses; imposing certain
requirements as an applicant for a certificate to operate an
intermediary service organization; revising the training
requirements for certain caregivers who receive
reimbursement through Medic aid; authorizing a family
member to serve as the personal care assistant for a recipient
of Medicaid under certain circumstances; providing penalties;
and providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provid es for the licensure and regulation of various types of
medical facilities and facilities for the dependent by the Division of Public and
Behavioral Health of the Department of Health and Human Services. (Chapter 449
of NRS) Existing law requires an agency to provide personal care services in the
home to be licensed by the Division as a facility for the dependent. (NRS 449.0045,
449.030) Existing law requires an employment agency that contracts with persons
in this State to provide nonmedical services relat ed to personal care to elderly
persons or persons with disabilities in the home to obtain a license from the State
Board of Health. (NRS 449.03005) Existing law requires an intermediary service
organization to obtain a certificate from the Division. (NRS 4 49.431) Existing law
requires the Board to adopt regulations governing agencies to provide personal care
services in the home, employment agencies that contract to provide nonmedical
services related to personal care to elderly persons and persons with dis abilities and
intermediary service organizations. (NRS 449.03005, 449.0302, 449.4309)
This bill transfers the provisions of law governing agencies to provide personal
care services in the home, employment agencies that contract to provide
nonmedical serv ices related to personal care to elderly persons or persons with
disabilities in the home and intermediary service organizations from the chapter of
the Nevada Revised Statutes that generally governs medical facilities and facilities
for the dependent to a new chapter in the Nevada Revised Statutes without
changing the current substantive provisions that govern such agencies and
organizations. Sections 2-19, 24-49, 51-60, 69-79 and 81-90 of this bill create a
new chapter consisting of provisions for the lic ensure and regulation of such
entities in a manner substantially identical to the manner in which those entities are
licensed and regulated under existing law. Sections 94, 96-104 and 150 of this bill
eliminate provisions governing those entities from the chapter of the Nevada
Revised Statutes that regulates medical facilities and facilities for the dependent.
Sections 93, 111, 113, 117, 118, 120-123, 126-133, 138 and 146 of this bill
eliminate references to sections repealed by section 150. Sections 91, 92, 95 and
105-146 of this bill make various conforming changes so that the legal status of
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agencies to provide personal care services in the home, employment agencies that
contract to provide nonmedical services related to personal care to elderly persons
or persons with disabilities in the home and intermediary service organizations is
not changed by this bill.
Existing federal law requires each state to adopt procedures to ensure that
applicants for certain licenses and certificates comply with child supp ort
obligations, including by requiring an applicant for such a license to provide his or
her social security number. (42 U.S.C. § 666) Sections 20, 21 and 50 of this bill
enact such procedures as applicable to an applicant for the issuance or renewal of a
license to operate an agency to provide personal care services in the home or an
employment agency that contracts to provide nonmedical services related to
personal care to elderly persons or persons with disabilities in the home in order to
comply with federal law. Section 23 of this bill establishes alternate provisions for
such an applicant who does not have a social security number. Section 22 of this
bill also requires an applicant for the renewal of such a license to provide certain
information for t he purpose of identifying persons who owe certain debts to the
State. Sections 65, 69, 74 and 76 of this bill establish similar provisions for
intermediary service organizations, which were carried over from existing law.
(NRS 449.4312, 449.4313, 449.4315, 449.432, 449.4322)
Existing law requires: (1) an agency to provide personal care services in the
home to file with the Administrator of the Division a surety bond or a substitute for
a surety bond; and (2) an applicant for a license to operate an agency to provide
personal care services in the home to undergo a criminal background check. (NRS
449.065, 449.067, 449.122) Sections 67, 68 and 80 of this bill impose similar
requirements on intermediary service organizations.
Existing law requires: (1) the Department to apply for a home and community -
based services waiver to include structured family caregiving for certain persons as
medical assistance under Medicaid ; and (2) a caregiver providing care under th at
waiver to complete training required by the Aging and Disability Services Division
of the Department. (NRS 422.3965) Sections 30 and 122 of this bill instead require
such a caregiver to complete the same training that is required for unlicensed
caregivers who provide care for an agency to provide personal care services in the
home.
Existing law requires the Director of the Department to include in the State
Plan for Medicaid authorization for a recipient of Medicaid to be deemed a provider
of services for the purposes of allowing the recipient to receive reimbursement for
personal care services covered by Medicaid and using that money to pay for
services provided by a personal care assistant or an agency to provide personal care
services in the home. (NRS 422.272407) Section 120 of this bill authorizes a
family member of a recipient of Medicaid to serve as a personal care assistant for a
recipient of Medicaid if the family member: (1) completes the training required by
section 30 for certain other caregiv ers; and (2) receives authorization from a
provider of health care.
Section 147 of this bill requires the Legislative Counsel to move regulations
specifically relating to such entities to a new chapter of the Nevada Administrative
Code that corresponds to the new chapter of the Nevada Revised Statutes created
by sections 2-90. Section 147 also: (1) requires the Board to adopt new regulations
to replace other regulations relating to those entities that remain in the chapter of
the Nevada Administrative Code governing medical facilities and facilities for the
dependent; and (2) provides that those existing regulations remain in effect until the
Board adopts new regulations to replace them. Section 148 of this bill clarifies that
this bill does not affect the validity of: (1) licenses or certificates to operate
agencies to provide personal care services in the home, employment agencies that
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contract to provide nonmedical services related to personal care to elderly persons
or persons with disabilities in the ho me and intermediary service organizations;
(2) certain training completed by the operators, employees and contractors of such
entities; or (3) disciplinary actions taken against such entities.
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. Title 40 of NRS is hereby amended by adding
thereto a new chapter to consist of the provisions set forth as
sections 2 to 90, inclusive, of this act.
Sec. 2. As used in this chapter, unless the context otherwise
requires, the words and terms defined in sections 3 to 7, inclusive,
of this act have the meanings ascribed to them in those sections.
Sec. 3. 1. “Agency to provide personal care services in the
home” means any person, other than a natural person, which
provides services authorized pursuant to section 52 of this act to
elderly persons or persons with disabilities in the home.
2. The term does not include:
(a) An independent contractor who provides nonmedical
services specified in section 52 of this act without the assistance of
employees;
(b) An organized group of persons composed of the family and
friends of a person needing nonmedical services related to
personal care that employs or contracts wi th persons to provide
such nonmedical services for the person if:
(1) The organization of the group of persons is set forth in
a written document that is made available for review by the
Division upon request; and
(2) The services are provided to only one person or one
family who resides in the same residence;
(c) An intermediary service organization; or
(d) A person or agency that contracts with the Aging and
Disability Services Division of the Department of Health and
Human Services to provide temporary respite services.
3. As used in this section:
(a) “Intermediary service organization” has the meaning
ascribed to it in section 59 of this act.
(b) “Temporary respite services” means services provided
through a contract with the Aging and Disability Services Division
of the Department of Health and Human Services to a natural
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person on a periodic basis to provide a respite for a regular
provider of services.
Sec. 4. “Board” means the State Board of Health.
Sec. 5. “Division” means the Divisio n of Public and
Behavioral Health of the Department of Health and Human
Services.
Sec. 6. “Employment agency” has the meaning ascribed to it
in NRS 611.020.
Sec. 7. “Nonmedical services related to personal care to
elderly persons or persons with disabilities” includes, without
limitation:
1. The elimination of wastes from the body;
2. Dressing and undressing;
3. Bathing;
4. Grooming;
5. The preparation and eating of meals;
6. Laundry;
7. Shopping;
8. Cleaning;
9. Transportation; and
10. Any other minor needs related to the maintenance of
personal hygiene.
Sec. 8. Except as otherwise provided in section 12 of this act,
no person, state or local government or agency thereof may
operate or maintain in this State an agency to provide personal
care services in the home without first obtaining a license as
provided in sections 8 to 58, inclusive, of this act.
Sec. 9. 1. Except as otherwise provided in section 12 of this
act, a person must obtain a license from the Board to operate an
employment agency that contracts with persons in this State to
provide nonmedical services related to personal care to elderly
persons or persons with disabilities in the home, regardless of
whether the employment agency is located in this State.
2. The Board shall adopt:
(a) Standards for licensing of employment agencies that
contract to provide nonmedical services related to personal care to
elderly persons or persons with disabilities in the home;
(b) Standards relating to the fees charged by such employment
agencies;
(c) Regulations governing the licensing of such employment
agencies; and
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(d) Regulations establishing requ irements for training the
persons who contract with such employment agencies to provide
such nonmedical services.
3. An employment agency that is licensed pursuant to this
section shall not refer a person to a home to provide nonmedical
services related to personal care to elderly persons or persons with
disabilities if that person has not met the requirements set forth in
sections 36 to 40, inclusive, of this act.
4. A person who violates the provisions of subsection 3 is
liable for a civil penalty to be recovered by the Attorney General in
the name of the Board for the first offense of not more than
$10,000 and for a second and subsequent offense of not less than
$10,000 nor more than $20,000. Unless otherwise required by
federal law, the Board shall d eposit all civil penalties collected
pursuant to this section into a separate account in the State
General Fund to be used to administer and carry out the
provisions of chapter 449A of NRS and sections 2 to 58, inclusive,
of this act and to protect the hea lth, safety, well -being and
property of the persons served by the employment agencies.
Sec. 10. 1. The Division shall develop and implement a
process by which a person with a criminal history may petition the
Division to review the criminal history of the person to determine
if the person’s criminal history will disqualify the person from
obtaining a license pursuant to sections 2 to 58, inclusive, of this
act.
2. Not later than 90 days after a petition is submitted to the
Division pursuant to subsect ion 1, the Division shall inform
the person of the determination of the Division of whether the
person’s criminal history will disqualify the person from obtaining
a license. The Division is not bound by its determination of
disqualification or qualificat ion and may rescind such a
determination at any time.
3. The Division may provide instructions to a person who
receives a determination of disqualification to remedy the
determination of disqualification. A person may resubmit a
petition pursuant to subs ection 1 not earlier than 6 months after
receiving instructions pursuant to this subsection if the person
remedies the determination of disqualification.
4. A person with a criminal history may petition the Division
at any time, including, without limita tion, before obtaining any
education or paying any fee required to obtain a license from the
Division.
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5. A person may submit a new petition to the Division not
earlier than 2 years after the final determination of the initial
petition submitted to the Division.
6. The Division may impose a fee of up to $50 upon the
person to fund the administrative costs in complying with the
provisions of this section. The Division may waive such fees or
allow such fees to be covered by funds from a scholarship or
grant.
7. The Division may post on its Internet website:
(a) The requirements to obtain a license pursuant to sections 2
to 58, inclusive, of this act from the Division; and
(b) A list of crimes, if any, that would disqualify a person from
obtaining a license from the Division.
8. The Division may request the criminal history record of a
person who petitions the Division for a determination pursuant to
subsection 1. To the extent consistent with federal law, if the
Division makes such a request of a p erson, the Division shall
require the person to submit his or her criminal history record
which includes a report from:
(a) The Central Repository for Nevada Records of Criminal
History; and
(b) The Federal Bureau of Investigation.
9. A person who peti tions the Division for a determination
pursuant to subsection 1 shall not submit false or misleading
information to the Division.
10. The Division shall, on or before the 20th day of January,
April, July and October, submit to the Director of the Legisla tive
Counsel Bureau in an electronic format prescribed by the
Director, a report that includes:
(a) The number of petitions submitted to the Division pursuant
to subsection 1;
(b) The number of determinations of disqualification made by
the Division pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or
which the Division determines would be helpful.
11. The Director shall transmit a compilation of the
information received pursuant to subsection 10 to the Legislative
Commission quarterly, unless otherwise directed by the
Commission.
Sec. 11. The provisions of sections 2 to 58, inclusive, of this
act do not apply to any agency to provide personal care services in
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the home that is operated and maintained by the United States
Government or an agency thereof.
Sec. 12. A person who is licensed or certified pursuant to a
provision of this cha pter other than section 9 of this act or a
provision of chapter 449 of NRS and who contracts with persons
to provide nonmedical services related to personal care to elderly
persons or persons with disabilities is not required to obtain an
additional license pursuant to section 9 of this act.
Sec. 13. 1. The Board shall adopt:
(a) Licensing standards for agencies to provide personal care
services in the home.
(b) Regulations governing the licensing of such agencies.
(c) Regulations that prescribe the s pecific types of
discrimination prohibited by section 32 of this act.
(d) Any other regulations as it deems necessary or convenient
to carry out the provisions of sections 2 to 58, inclusive, of this act.
2. The Board shall require that the practices and policies of
each agency to provide personal care services in the home provide
adequately for the protection of the health, safety and physical,
moral and mental well-being of each person served by the agency.
Sec. 14. 1. The Board shall adopt regulations authorizing
an employee of an agency to provide personal care services in the
home, with the consent of the person receiving services, to:
(a) Check, record and report the temperature, blood pressure,
apical or radial pulse, respiration or oxygen saturation of a person
receiving services from the agency;
(b) Using an auto -injection device approved by the Food and
Drug Administration for use in the home, administer to a person
receiving services from the agency insulin furnished by a
registered pharmacist, as directed by a physician, physician
assistant or advanced practice registered nurse, or assist such a
person with the self-administration of such insulin; and
(c) Using a device for monitoring blood glucose approved by
the Food and Drug Administration for use in the home, conduct a
blood glucose test on a person receiving services from the agency
or assist such a person to conduct a blood glucose test on himself
or herself.
2. The regulations adopted pursuant to this section:
(a) Must require the tasks described in subsection 1 to be
performed in conformance with the Clinical Laboratory
Improvement Amendments of 1988, Public Law No. 100 -578, 42
U.S.C. § 263a, if applicable, and any other applicable federal law
or regulation;
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(b) Must prohibit the use of a device for monitoring blood
glucose on more than one person; and
(c) May require a person to receive training before performing
any task described in subsection 1.
Sec. 15. 1. Money received from the licensing of agencies
to provide personal care services in the home must be forwarded to
the State Treasurer for deposit in the State General Fund to the
credit of the Division.
2. The Division shall enforce the provisions of sections 2 to
58, inclusive, of this act and may incur any necessary expenses not
in excess of money authorized for that purpose by the State or
received from the Federal Government.
Sec. 16. The Division may:
1. Upon receipt of an application for a license, conduct an
investigation into the qualifications of personnel, methods of
operation, policies and purposes of any person proposing to
engage in the operation of an agency to provide personal care
services in the home.
2. Upon receipt of a complaint against an agen cy to provide
personal care services in the home, except for a complaint
concerning the cost of services, conduct an investigation into the
qualifications of personnel, methods of operation, policies,
procedures and records of that agency or any other such agency
which may have information pertinent to the complaint.
3. Employ such professional, technical and clerical
assistance as it deems necessary to carry out the provisions of this
chapter.
Sec. 17. 1. Except as otherwise provided in this section, the
Division may charge and collect from an agency to provide
personal care services in the home or a person who operates such
an agency without a license issued by the Division the actual costs
incurred by the Division for the enforcement of the provisions of
this chapter, including, without limitation, the actual cost of
conducting an inspection or investigation of the agency.
2. The Division shall not charge and collect the actual cost
for enforcement pursuant to subsection 1 if the enforcement
activity is:
(a) Related to the issuance or renewal of a license for which
the Board charges a fee pursuant to sections 19 and 28 of this act;
or
(b) Conducted pursuant to an agreeme nt with the Federal
Government which has appropriated money for that purpose.
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3. Any money collected pursuant to subsection 1 may be used
by the Division to administer and carry out the provisions of this
chapter and the regulations adopted pursuant thereto.
Sec. 18. Any person, state or local government or agency
thereof desiring a license under the provisions of sections 2 to 58,
inclusive, of this act, must file with the Division an application, on
a form prescribed, prepared and furnished by the Division,
containing:
1. The name of the applicant and, if a natural person,
whether the applicant has attained the age of 21 years.
2. The address of the principal place of business of the
agency.
3. In specific terms, the nature of services and typ e of care to
be offered, as defined in the regulations.
4. The name of the person in charge of the agency.
5. Such other information as may be required by the Division
for the proper administration and enforcement of this chapter.
6. Evidence satisfactory to the Division that the applicant is
of reputable and responsible character. If the applicant is a firm,
association, organization, partnership, business trust, corporation
or company, similar evidence must be submitted as to the members
thereof and the person in charge of the agency for which the
application is made. If the applicant is a political subdivision of
the State or other governmental agency, similar evidence must be
submitted as to the person in charge of the entity for which
application is made.
7. Evidence satisfactory to the Division of the ability of the
applicant to comply with the provisions of sections 2 to 58,
inclusive, of this act and the standards and regulations adopted by
the Board.
Sec. 19. Each application for a license must be accompanied
by such fee as may be determined by regulation of the Board. The
Board may, by regulation, allow or require payment of a fee for a
license in installments and may fix the amount of each payment
and the date that the payment is due.
Sec. 20. An application for the issuance of a license
pursuant to sections 2 to 58, inclusive, of this act must include the
social security number of the applicant.
Sec. 21. 1. An applicant for the issuance or renewal of a
license pursuant to sections 2 to 58, inclusive, of this act must
submit to the Division the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and
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Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Division shall include the statement required pursuant
to subsection 1 in:
(a) The application or any other forms that must be submitted
for the issuance or renewal of the license; or
(b) A separate form prescribed by the Division.
3. A license may not be issued or renewed by the Division
pursuant to sections 2 to 58, inclusive, of this act if the applicant:
(a) Fails to submit the statement required pursuant to
subsection 1; or
(b) Indicates on the statement submitted pursuant to
subsection 1 that the applicant is subject to a court order for the
support of a child and is not in compliance with the order or a
plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed
pursuant to the order.
4. If an applicant indicates on the statement submitted
pursuant to subsection 1 that the applicant is subject to a court
order for the support of a child and is not in compliance with the
order or a plan approved by the district at torney or other public
agency enforcing the order for the repayment of the amount owed
pursuant to the order, the Division shall advise the applicant to
contact the district attorney or other public agency enforcing the
order to determine the actions that the applicant may take to
satisfy the arrearage.
Sec. 22. 1. In addition to any other requirements set forth
in sections 2 to 58, inclusive, of this act, an applicant for the
renewal of a license pursuant to those sections must indicate in
the application submitted to the Division whether the applicant
has a state business license. If the applicant has a state business
license, the applicant must include in the application the business
identification number assigned by the Secretary of State upo n
compliance with the provisions of chapter 76 of NRS.
2. A license issued pursuant to sections 2 to 58, inclusive, of
this act may not be renewed by the Division if:
(a) The applicant fails to submit the information required by
subsection 1; or
(b) The State Controller has informed the Division pursuant to
subsection 5 of NRS 353C.1965 that the applicant owes a debt to
an agency that has been assigned to the State Controller for
collection and the applicant has not:
(1) Satisfied the debt;
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(2) Entered into an agreement for the payment of the debt
pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
Sec. 23. 1. The Division shall not deny the application of a
person for a license pursuant to sections 2 to 58, inclusive, of this
act based solely on his or her immigration status.
2. Notwithstanding the provisions of section 20 of this act, an
applicant for a license pursuant to sections 2 to 58, inclusive, of
this act who does not have a social security number must provide
an alternative personally identifying number, including, without
limitation, his or her individual taxpa yer identification number,
when completing an application for such a license.
3. The Division shall not disclose to any person who is not
employed by the Division the social security number or alternative
personally identifying number, including, without limitation, his
or her individual taxpayer identification number, of an applicant
for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally
identifying number, including, without limitation, an individual
taxpayer identification number, provided to the Division is
confidential and is not a public record for the purposes of chapter
239 of NRS.
Sec. 24. 1. Except as otherwise provided in subsection 6
and section 25 of this act, each agency to provide personal care
services in the home, when applying for a license or renewing a
license, file with the Administrator of the Division of Public and
Behavioral Health a surety bond:
(a) If the agency employs less than 7 employees, in the amount
of $5,000;
(b) If the agency employs at least 7 but not more than 25
employees, in the amount of $25,000; or
(c) If the agency employs more than 25 employees, in the
amount of $50,000.
2. A bond filed pursuant to this section must be executed by
the agency as principal and by a surety company as surety. The
bond must be payable to the Aging and Disability Services
Division of the Department of Health and Human Services and
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must be conditioned to provide indemnification to an older client
who the Attorney for the Rights of Older Persons and Persons
with a Physical Disability, an Intellectual Disability or a Related
Condition determines has suffered property damage as a result of
any act or failure to act by the agency to protect the property of the
older client.
3. Except when a surety is released, the surety bond must
cover the period of the initial license to operate or the period of the
renewal, as appropriate.
4. A surety on any bond filed pursuant to this section may be
released after the surety gives 30 days’ written notice to the
Administrator of the Division of Public and Behavioral Health,
but the release does not discharge or otherwise affect any claim
filed by an older client for property damaged as a result of any act
or failure to act by the agency to protect the property of the older
client alleged to have occurred while the bond was in effect.
5. A license is suspended by operation of law when the
agency is no longer covered by a surety bond as required by this
section or by a substitute for the surety bond pursuant to section
25 of this act. The Administrator of the Division of Public and
Behavioral Health shall give the agency at least 20 days’ written
notice before the release of the surety or the substitute for the
surety, to the effect that the license will be suspended by operation
of law until another surety bond or substitute for the surety bond
is filed in the same manner and amount as the bond or sub stitute
being terminated.
6. The requirement of filing a surety bond set forth in this
section does not apply to an agency to provide personal care
services in the home that is operated and maintained by the State
of Nevada or an agency thereof.
7. As used in this section, “older client” means a client who is
60 years of age or older.
Sec. 25. 1. As a substitute for the surety bond required
pursuant to section 24 of this act, an agency to provide personal
care services in the home may deposit with an y bank or trust
company authorized to do business in this State, upon approval
from the Administrator of the Division of Public and Behavioral
Health:
(a) An obligation of a bank, savings and loan association,
savings bank, thrift company or credit union licensed to do
business in this State;
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(b) Bills, bonds, notes, debentures or other obligations of the
United States or any agency or instrumentality thereof, or
guaranteed by the United States; or
(c) Any obligation of this State or any city, county, town,
township, school district or other instrumentality of this State, or
guaranteed by this State, in an aggregate amount, based upon
principal amount or market value, whichever is lower.
2. The obligations of a bank, savings and loan association,
savings bank, thrift company or credit union must be held to
secure the same obligation as would the surety bond required by
section 24 of this act. With the approval of the Administrator of
the Division of Public and Behavioral Health, the depositor may
substitute other suitable obligations for those deposited, which
must be assigned to the Aging and Disability Services Division of
the Department of Health and Human Services and are negotiable
only upon approval by the Administrator of the Aging and
Disability Services Division.
3. Any interest or dividends earned on the deposit accrue to
the account of the depositor.
4. The deposit must be an amount at least equal to the surety
bond required by section 24 of this act and must state that the
amount may not be withdrawn except by direct and sole order of
the Administrator of the Aging and Disability Services Division.
Sec. 26. 1. The Division shall issue a license to operate an
agency to provide personal care services in the home if, after
investigation, the Division finds that the applicant is in:
(a) Full compliance with the provisions of sections 2 to 58,
inclusive, of this act; and
(b) Substantial compliance with the standards and regulations
adopted by the Board.
2. A license applies only to the pe rson to whom it is issued
and is not transferable.
Sec. 27. Each license issued by the Division to an agency to
provide personal care services in the home must be in the form
prescribed by the Division and must contain:
1. The name of the person or persons authorized to operate
the agency to provide personal care services in the home; and
2. The nature of services offered and the capacity of the
licensee to deliver services.
Sec. 28. 1. Each license to operate an agency to provide
personal care services in the home issued pursuant to sections 2 to
58, inclusive, of this act expires on December 31 following its
issuance and is renewable for 1 year upon reapplication and
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payment of all fees required pursuant to subsection 3 and section
19 of this act unless the Division finds, after an investigation, that
the agency has not satisfactorily complied with the provisions of
sections 2 to 58, inclusive, of this act, or the standards and
regulations adopted by the Board.
2. Each reapplication for an age ncy to provide personal care
services in the home must include, without limitation:
(a) A statement that the agency is in compliance with the
provisions of sections 36 to 40, inclusive, and 49 of this act; and
(b) A statement that the holder of the license, the administrator
or other person in charge and employees of the agency are in
compliance with the provisions of section 31 of this act.
3. Each reapplication for an agency to provide personal care
services in the home must be accompanied by the fee prescribed by
the Board pursuant to NRS 457.240, in addition to the fees
imposed pursuant to section 19 of this act.
Sec. 29. 1. The Divisio n may cancel the license of an
agency to provide personal care services in the home and issue a
provisional license, effective for a period determined by the
Division, to such an agency if the agency:
(a) Is in operation at the time of the adoption of sta ndards and
regulations pursuant to the provisions of sections 2 to 58,
inclusive, of this act, and the Division determines that the agency
requires a reasonable time under the particular circumstances
within which to comply with the standards and regulations; or
(b) Has failed to comply with the standards or regulations and
the Division determines that the agency is in the process of
making the necessary changes or has agreed to make the changes
within a reasonable time.
2. The provisions of subsection 1 do not require the issuance
of a license or prevent the Division from refusing to renew or from
revoking or suspending any license where the Division deems such
action necessary for the health and safety of the persons receiving
services from any agency.
Sec. 30. 1. The Board shall:
(a) Adopt regulations prescribing mandatory training for
unlicensed caregivers who provide care for an agency to provide
personal care services in the home and persons who receive
reimbursement from Medicaid pursuant to NRS 422.272407 or
422.3965 for providing personal care services . The regulations
must establish the required topics for the training, which must
include, without limitation, control of infectious diseases and
minimum standards for training in each required topic.
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(b) Review the required topics for training established
pursuant to paragraph (a) at least annually and revise those topics
when necessary to address new issues that impact the health and
safety of persons who receive personal care services.
2. The Division shall post on an Internet website maintained
by the Division a list of nationally recognized organizations that
provide evidence-based training for caregivers which:
(a) Is free of charge or has a minimal cost; and
(b) May be used to satisfy t he requirements of the regulations
adopted pursuant to subsection 1.
3. The administrator or other person in charge of an agency
to provide personal care services in the home shall:
(a) Ensure that each unlicensed caregiver who provides care
for the agency completes the training required by the regulations
adopted pursuant to subsection 1 and document the completion of
the training in the personnel file of each unlicensed caregiver;
(b) Ensure the implementation of the best practices taught in
the tr aining required by the regulations adopted pursuant to
subsection 1 at the agency where appropriate;
(c) Develop and annually update a written plan for the control
of infectious diseases; and
(d) Provide a written copy of the plan for the control of
infectious diseases to each employee or independent contractor of
the agency and each client of the agency.
Sec. 31. 1. An applicant for a license to operate an agency
to provide personal care services in the home must receive training
to recognize and prevent the abuse of older persons before a
license to operate such an agency is issued to the applicant. If an
applicant has completed such training within the year preceding
the date of the application for a license and the application
includes evidence of the training, the applicant shall be deemed to
have complied with the requirements of this subsection.
2. A licensee who holds a license to operate an agency to
provide personal care services in the home must annually receive
training to recognize and prevent the abuse of older persons
before the license to operate such an agency may be renewed.
3. If an applicant or licensee who is required by this section
to obtain training is not a natural person, the person in charge of
the agency must receive the training required by this section.
4. An administrator or other person in charge of an agency to
provide personal care services in the home must receive training to
recognize and prevent the abuse of older persons before the
agency provides care to a person and annually thereafter.
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5. An employee who will provide care for an agency to
provide personal care services in the home must receive training to
recognize and prevent the abuse of older persons before the
employee provides care to a person in the agency and annually
thereafter.
6. The topics of instruction that must be included in the
training required by this section must include, without limitation:
(a) Recognizing the abuse of older persons, including sexual
abuse and violations of NRS 200.5091 to 200.50995, inclusive;
(b) Responding to reports of the alleged abuse of older
persons, including sexual abuse and violations of NRS 200.5091
to 200.50995, inclusive; and
(c) Instruction concerning the federal, state and local laws,
and any changes to those laws, relating to:
(1) The abuse of older persons; and
(2) Agencies to provide personal care services in the home
for the person.
7. The agency to provide personal care services in the home is
responsible for the costs related to the traini ng required by this
section.
8. The holder of a license to operate an agency to provide
personal care services in the home shall ensure that each person
who is required to comply with the requirements for training
pursuant to this section complies with t hose requirements. The
Division may, for any violation of this section, take disciplinary
action against an agency pursuant to sections 44 and 45 of this
act.
Sec. 32. 1. An agency to provide personal care services in
the home and any employee or independent contractor of such an
agency shall not discriminate in the provision of services to a
client based wholly or partially on the actual or perceived r ace,
color, religion, national origin, ancestry, age, gender, physical or
mental disability, sexual orientation, gender identity or expression
or human immunodeficiency virus status of the client or any
person with whom the client associates.
2. An agency to provide personal care services in the home
shall:
(a) Develop and carry out policies to prevent the specific types
of prohibited discrimination described in the regulations adopted
by the Board pursuant to section 13 of this act and meet any other
requirements prescribed by regulations of the Board; and
(b) Post prominently on any Internet website used to market
the agency the following statement:
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[Name of the agency to provide personal care services in the
home] does not discriminate and does not permit
discrimination, including, without limitation, bullying,
abuse or haras sment, on the basis of actual or perceived
race, color, religion, national origin, ancestry, age, gender,
physical or mental disability, sexual orientation, gender
identity or expression or HIV status, or based on association
with another person on account of that person’s actual or
perceived race, color, religion, national origin, ancestry,
age, gender, physical or mental disability, sexual
orientation, gender identity or expression or HIV status.
3. The provisions of this section shall not be construed to:
(a) Require an agency to provide personal care services in the
home or an employee or independent contractor thereof to take or
refrain from taking any action in violation of reasonable medical
standards; or
(b) Prohibit an agency to provide person al care services in the
home from adopting a policy that is applied uniformly and in a
nondiscriminatory manner, including, without limitation, such a
policy that bans or restricts sexual relations.
Sec. 33. An agency to provide personal care services in the
home shall:
1. Maintain the confidentiality of personally identifiable
information concerning the sexual orientation of a client, whether
the client is transgender or has undergone gender -affirming
surgery and the human immunodeficiency virus status of the
client and take reasonable actions to prevent the unauthorized
disclosure of such information;
2. Prohibit employees or independent contractors of the
agency who are not directly providing care to a client from being
present during any portion of the care, during which the client is
fully or partially unclothed without the express permission of the
client or the authorized representative of the client;
3. Use visual barriers, including, without limitation, doors,
curtains and screens, to provide privacy for clients who are fully
or partially unclothed; and
4. Allow a client to refuse to be examined or observed by or
receive services from an employee or independent contractor of
the agency for a purpose that is primarily educational rather than
therapeutic.
Sec. 34. 1. Except as otherwise provided in subsection 3, to
enable an agent or employee of an agency to provide personal care
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services in the home who is described in subsection 2 to more
effectively care for clients the Board shall, by r egulation, require
such an agency to conduct training relating specifically to cultural
competency for any agent or employee of the agency who is
described in subsection 2 so that such an agent or employee may
better understand clients who have different cultural backgrounds,
including, without limitation, clients who are:
(a) From various racial and ethnic backgrounds;
(b) From various religious backgrounds;
(c) Persons with various sexual orientations and gender
identities or expressions;
(d) Children and senior citizens;
(e) Persons with a mental or physical disability; and
(f) Part of any other population that such an agent or
employee may need to better understand, as determined by the
Board.
The Board shall set forth by regulation the frequency with
which an agency to provide personal care services in the home is
required to provide such training relating to cultural competency.
2. Except as otherwise provided in subsection 3, the
requirements of subsection 1 apply to any agent or employee of a n
agency to provide personal care services in the home who:
(a) Provides personal care services or administrative or
support services and has direct client contact at least once each
week on average as a part of his or her regular job duties; or
(b) Oversees an agent or employee described in paragraph (a).
3. An agency to provide personal care services in the home is
not required to provide training relating specifically to cultural
competency to an agent or employee who is described in
subsection 2 and who has successfully completed a course or
program in cultural competency as part of the continuing
education requirements for the agent or employee to renew his or
her professional license, registration or certificate, as applicable.
4. Except as otherwise provided in subsection 6, the training
relating specifically to cultural competency conducted by a n
agency to provide personal care services in the home pursuant to
subsection 1 must be provided through a course or program that is
approved by the Department of Health and Human Services.
5. The Office of Minority Health and Equity of the
Department of Health and Human Services shall ensure that the
list established and maintained pursuant to NRS 4 49.103 is
distributed to each agency to provide personal care services in the
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home which is required to conduct training relating specifically to
cultural competency pursuant to subsection 1.
6. An agency to provide personal care services in the home
which is required to conduct training specifically relating to
cultural competency may apply to the Department of Health and
Human Services to provide a course or program on cultural
competency that is not approved by the Department pursuant to
subsection 4. Any such request must be approved or denied by the
Department not later than 10 business days after the receipt of the
application.
7. As used in this section “direct client contact” means direct
contact with a client of an agency to provide personal care services
in the home which is in person or using telephone, electronic mail
or other electronic means, except that the term does not include
incidental contact.
Sec. 35. The Board shall adopt regulations that require a n
agency to provide personal care services in the home to:
1. Develop policies to ensure that a client is addressed by his
or her preferred name and pronoun and in accordance with his or
her gender identity or expression; and
2. Adapt electronic records to reflect the gender identitie s or
expressions of clients with diverse gender identities or expressions,
including, without limitation, adapting electronic records to
include:
(a) The preferred name and pronoun and gender identity or
expression of a client; and
(b) Any other information prescribed by regulation of the
Board.
Sec. 36. 1. Each applicant for a license to operate a n
agency to provide personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to per sonal care to elderly persons or
persons with disabilities in the home shall submit to the Central
Repository for Nevada Records of Criminal History one complete
set of fingerprints for submission to the Federal Bureau of
Investigation for its report.
2. The Central Repository for Nevada Records of Criminal
History shall determine whether the applicant has been convicted
of a crime listed in paragraph (a) of subsection 1 of section 49 of
this act and immediately inform the administrator of the agency
and the Division of whether the applicant has been convicted of
such a crime.
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Sec. 37. 1. Except as otherwise provided in subsections 2
and 3, within 10 days after hiring an employee, accepting an
employee of a temporary employment service or entering into a
contract with an independent contractor, the administrator of, or
the person licensed to operate, a n agency to provide personal care
services in the home or employment agency that contracts with
persons to provide nonmedical services related to personal care to
elderly persons or persons with disabilities in the home shall:
(a) Obtain a written statement from the employee, employee of
the temporary employment service or independent contractor
stating whether he or she has been convicted of any crime listed in
section 49 of this act;
(b) Obtain an oral and written confirmation of the information
contained in the written statement obtained pursuant to
paragraph (a);
(c) Obtain proof that the employee, employee of the temporary
employment service or independent contractor holds any required
license, permit or certificate;
(d) Obtain from the employee, employee of the temporary
employment service or independent contractor one set of
fingerprints and a written authorization to forward the
fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of
Investigation for its report;
(e) Submit to the Central Repository for Nevada Records of
Criminal History the fingerprints obtained pursuant to paragr aph
(d) to obtain information on the background and personal history
of each employee, employee of a temporary employment service or
independent contractor to determine whether the person has been
convicted of any crime listed in section 49 of this act; and
(f) If an Internet website has been established pursuant to
NRS 439.942:
(1) Screen the employee, employee of the temporary
employment service or independent contractor using the Internet
website. Upon request of the Division, proof that the employee,
temporary employee or independent contractor was screened
pursuant to this subparagraph must be provided to the Division.
(2) Enter on the Internet website information to be
maintained on the website concerning the employee, employee of
the temporary employment service or independent contractor.
2. The administrator of, or the person licensed to operate, a n
agency to provide personal care services in the home or
employment agency that contracts with persons to provide
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nonmedical services related to per sonal care to elderly persons or
persons with disabilities in the home is not required to obtain the
information described in subsection 1 from an employee, employee
of a temporary employment service or independent contractor if
his or her fingerprints hav e been submitted to the Central
Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report within the
immediately preceding 6 months and the report of the Federal
Bureau of Investigation indicated that the employee, employee of
the temporary employment service or independent contractor has
not been convicted of any crime set forth in section 49 of this act.
3. The administrator of, or the person licensed to operate, a n
agency to provide personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home is not required to obtain the
information described in subsection 1, other than the information
described in paragraph (c) of subsection 1, from an employee,
employee of a temporary employment service or independent
contractor if:
(a) The employee, employee of the temporary employment
service or independent contractor agrees to allow the
administrator of, or the person licensed to operate, a n agency to
provide personal care services in the home to receive notice from
the Central Repository for Nevada Records of Criminal History
regarding any conviction and subsequent co nviction of the
employee, employee of the temporary employment service or
independent contractor of a crime listed in section 49 of this act;
(b) An agency, board or commission that regulates an
occupation or profession pursuant to title 54 of NRS or temp orary
employment service has, within the immediately preceding 5 years,
submitted the fingerprints of the employee, employee of the
temporary employment service or independent contractor to the
Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report;
and
(c) The report of the Federal Bureau of Investigation indicated
that the employee, employee of the temporary employment service
or independent contractor has not been convicted of any c rime set
forth in section 49 of this act.
4. The administrator of, or the person licensed to operate, a n
agency to provide personal care services in the home or
employment agency that contracts with persons to provide
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nonmedical services related to perso nal care to elderly persons or
persons with disabilities in the home shall ensure that the
information concerning the background and personal history of
each employee, employee of a temporary employment service or
independent contractor who works at the agency:
(a) Except as otherwise provided in subsection 2, is completed
as soon as practicable; and
(b) At least once every 5 years after the date of the initial
investigation.
5. The administrator of, or the person licensed to operate, an
agency to provi de personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home shall, when required:
(a) Obtain one set of fingerprints from the employee, employee
of the temporary employment service or independent contractor;
(b) Obtain written authorization from the employee, employee
of the temporary employment service or independent contractor to
forward the fingerprints obtained pursuant to paragraph (a) to the
Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report;
and
(c) Submit the fingerprints to the Central Repository for
Nevada Records of Criminal Hist ory or, if the fingerprints were
submitted electronically, obtain proof of electronic submission of
the fingerprints to the Central Repository for Nevada Records of
Criminal History.
6. Upon receiving fingerprints submitted pursuant to this
section, the Central Repository for Nevada Records of Criminal
History shall determine whether the employee, employee of the
temporary employment service or independent contractor has been
convicted of a crime listed in section 49 of this act and
immediately inform the Division and the administrator of, or the
person licensed to operate, the agency to provide personal care
services in the home or employment agency that contracts with
persons to provide nonmedical services related to personal care to
elderly persons or persons with disabilities in the home at which
the person works whether the employee, employee of the
temporary employment service or independent contractor has been
convicted of such a crime.
7. The Central Repository for Nevada Records of Criminal
History may impose a fee upon an agency that submits
fingerprints pursuant to this section for the reasonable cost of the
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investigation. The agency to provide personal care services in the
home or employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home may recover from the
employee or independent contractor whose fingerprints are
submitted n ot more than one -half of the fee imposed by the
Central Repository. If the agency requires the employee or
independent contractor to pay for any part of the fee imposed by
the Central Repository, it shall allow the employee or independent
contractor to pay the amount through periodic payments. The
agency may require a temporary employment service which
employs a temporary employee whose fingerprints are submitted to
pay the fee imposed by the Central Repository. An agency shall
notify a temporary employment service if a person employed by the
temporary employment service is determined to be ineligible to
provide services at the agency based upon the results of an
investigation conducted pursuant to this section.
8. Unless a greater penalty is provided by l aw, a person who
willfully provides a false statement or information in connection
with an investigation of the background and personal history of
the person pursuant to this section that would disqualify the
person from employment, including, without limi tation, a
conviction of a crime listed in section 49 of this act, is guilty of a
misdemeanor.
Sec. 38. 1. A temporary employment service shall not send
an employee to provide services to an agency to provide personal
care services in the home or employm ent agency that contracts
with persons to provide nonmedical services related to personal
care to elderly persons or persons with disabilities in the home if
the temporary employment service has received notice from such
an agency that the employee of the temporary employment service
is ineligible to provide such services.
2. An agency to provide personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home that enters into an agreement
with a t emporary employment service to provide services for the
agency on a temporary basis must require the temporary
employment service to:
(a) Provide proof that each employee of the temporary
employment service whom it may send to provide services to the
agency has been continuously employed by the temporary
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employment service since the last investigation conducted of the
employee pursuant to section 37 of this act; and
(b) Notify the agency if the investigation conducted of an
employee of the temporary employment service pursuant to section
37 of this act has not been conducted within the immediately
preceding 5 years.
Sec. 39. 1. Each agency to provide personal care services
in the home or employment agency that contracts with persons to
provide nonmedical services related to personal care to elderly
persons or persons with disabilities in the home shall maintain
records of the information concerning its employees, employees of
a temporar y employment service and independent contractors
collected pursuant to section 37 of this act , including, without
limitation:
(a) A copy of the fingerprints that were submitted to the
Central Repository for Nevada Records of Criminal History or
proof of electronic fingerprint submission and a copy of the
written authorization that was provided by the employee, employee
of the temporary employment service or independent contractor;
(b) Proof that the fingerprints of the employee, employee of the
temporary employment service or independent contractor were
submitted to the Central Repository; and
(c) Any other documentation of the information collected
pursuant to section 37 of this act.
2. The records maintained pursuant to subsection 1 must be:
(a) Maintained for the period of the employment of the person
with the agency to provide personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home, as applicable; and
(b) Made available for inspection by the Division at any
reasonable time, and copies thereof must be furnished to the
Division upon request.
3. If an Internet website has been established pursuant to
NRS 439.942, an agency to provide personal care services in the
home or employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home shall maintain a current list
of its employees, employees of a temporary employment service
and independent contractors on the Internet website.
4. The Central Repository for Nevada Records of Criminal
History may maintain an electronic image of fingerprints
submitted pursuant to se ctions 36 and 37 of this act to notify an
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agency to provide personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the h ome and the Division of any
subsequent conviction of a person who is required to submit to an
investigation pursuant to sections 36 and 37 of this act.
Sec. 40. 1. Upon receiving information from the Central
Repository for Nevada Records of Criminal History pursuant to
section 37 of this act, or evidence from any other source, that an
employee, employee of a temporary employment service or
independent contractor of a n agency to provide personal care
services in the home or employment agency that contracts with
persons to provide nonmedical services related to personal care to
elderly persons or persons with disabilities in the home has been
convicted of a crime listed in paragraph (a) of subsection 1 of
section 49 of this act, the administrator of, or the person licensed
to operate, the agency shall terminate the employment or contract
of that person or notify the temporary employment service that its
employee is prohibited from providing services for the agency after
allowing the person time to correct the information as required
pursuant to subsection 2.
2. If an employee, employee of a temporary employment
service or independent contractor believes that the informa tion
provided by the Central Repository is incorrect, the employee,
employee of the temporary employment service or independent
contractor may immediately inform the agency to provide personal
care services in the home, employment agency that contracts wit h
persons to provide nonmedical services related to personal care to
elderly persons or persons with disabilities in the home or
temporary employment service. The agency or temporary
employment service that is so informed shall give the employee,
employee of the temporary employment service or independent
contractor a reasonable amount of time of not less than 30 days to
correct the information received from the Central Repository
before terminating the employment or contract of the person
pursuant to subsection 1.
3. An agency to provide personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home that has complied wit h
section 37 of this act may not be held civilly or criminally liable
based solely upon the ground that the agency allowed an
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employee, employee of a temporary employment service or
independent contractor to work:
(a) Before it received the information co ncerning the
employee, employee of the temporary employment service or
independent contractor from the Central Repository, except that
an employee, employee of the temporary employment service or
independent contractor shall not have contact with a child w ithout
supervision before such information is received;
(b) During the period required pursuant to subsection 2 to
allow the employee, employee of the temporary employment
service or independent contractor to correct that information,
except that an emplo yee, employee of the temporary employment
service or independent contractor shall not have contact with a
child without supervision during such period;
(c) Based on the information received from the Central
Repository, if the information received from the Central
Repository was inaccurate; or
(d) Any combination thereof.
An agency to provide personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home may be held liable for any
other conduct determined to be negligent or unlawful.
Sec. 41. Any authorized member or employee of the Division
may enter and inspect any building or premises at any time to
secure compliance with or prevent a violation of any provision of
sections 2 to 58, inclusive, of this act.
Sec. 42. Every agency to provide personal care services in
the home may be inspected at any time, with or without notice, as
often as is necessary by:
1. The Division of Public and Behavioral Health to ensure
compliance with all applicable regulations and standards; and
2. Any person designated by the Aging and Disability Services
Division of the Department of Health and Human Services to
investigate complaints made against the agency to provide
personal care services in the home.
Sec. 43. The Division shall prepare a report of the results of
its inspections of agencies to provide personal care services in the
home regarding compliance with applicable regulations and
standards. The report must be provided to the agency to provid e
personal care services in the home and include, without limitation,
a recommendation of the Division for correcting any deficiencies
and, if a deficiency is discovered as a result of an investigation by
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a county, district or city board of health or healt h officer, the
recommendations of the board or health officer.
Sec. 44. 1. The Division may deny an application for a
license or may suspend or revoke any license to operate an agency
to provide personal care services in the home issued under the
provisions of sections 2 to 58, inclusive, of this act upon any of the
following grounds:
(a) Violation by the applicant or the licensee of any of the
provisions of NRS 449A.100 to 449A.124, inclusive, or sections 2
to 58, inclusive, of this act 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 agency for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of
the clients or employees of the agency to provide personal care
services in the home.
2. In addition to the provisions of subsection 1, the Division
may revoke a license to operate an agency to provide personal care
services in the home if, with respect to that agency, the licensee
that operates the agency, 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 an agency to provide personal care services
in the home pursuant to subsection 2.
4. On or before February 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 co mplaints 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. 45. 1. In addition to the payment of the amount
required by section 17 of this act, if an agency to provide personal
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care services in the home violates any provision related to its
licensure, including any provision of sections 2 to 58, inclusive, of
this act or any condition, standard or regulation adopted by the
Board, the Division, in accordance with the regulations adopted
pursuant to section 46 of this act, may:
(a) Prohibit the agency to provide personal care services in the
home from providing services to a client until it determines that
the agency has corrected the violation;
(b) Except where a greater penalty is authorized by subsection
2, impose an administrative penalty of not more than $5,000 per
day for each violation, together with interest thereon at a rate not
to exceed 10 percent per annum; and
(c) Appoint temporary management to oversee the operation of
the agency to provide personal care services in the home and to
ensure the health and safety of the clients of the agency, until:
(1) It determines that the agency has corrected the violation
and has mana gement which is capable of ensuring continued
compliance with the applicable statutes, conditions, standards and
regulations; or
(2) Improvements are made to correct the violation.
2. If the agency to provide personal care services in the home
fails to pay any administrative penalty imposed pursuant to
paragraph (b) of subsection 1, the Division may:
(a) Suspend the license of the agency until the administrative
penalty is paid; and
(b) Collect court costs, reasonable attorney’s fees and other
costs incurred to collect the administrative penalty.
3. The Division may require any agency to provide personal
care services in the home that violates any provision of sections 2
to 58, inclusive, of this act or any condition, standard or
regulation adopted b y the Board to make any improvements
necessary to correct the violation.
4. Any money collected as administrative penalties pursuant
to paragraph (b) of subsection 1 must be accounted for separately
and used to administer and carry out the provisions of chapter
449A of NRS and sections 2 to 58, inclusive, of this act to protect
the health, safety, well -being and property of the clients in
accordance with applicable state and federal standards or for any
other purpose authorized by the Legislature.
Sec. 46. The Board shall adopt regulations establishing the
criteria for the imposi tion of each sanction prescribed by section
45 of this act. These regulations must:
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1. Prescribe the circumstances and manner in which each
sanction applies;
2. Minimize the time between identification of a violation and
the imposition of a sanction;
3. Provide for the imposition of incrementally more severe
sanctions for repeated or uncorrected violations;
4. Provide for less severe sanctions for lesser violations of
applicable state statutes, conditions, standards or regulations; and
5. Establish an administrative penalty to be imposed if a
violation of sections 2 to 58, inclusive, of this act causes harm or
the risk of harm to more than one person.
Sec. 47. 1. When the Division intends to deny, suspend or
revoke a license, or impose any sanction prescribed by section 45
of this act, it shall give reasonable notice to all parties by certified
mail. The notice must contain the legal authority, jurisdiction and
reasons for the action to be taken. Notice is not required if the
Division finds that the public health requires immediate action. In
that case, it may order a summary suspension of a license
pursuant to this section and NRS 233B.127 or impose any
sanction prescribed by section 45 of this act, pending proceedings
for revocation or other action.
2. If a person wants to contest the action of the Division, the
person must file an appeal pursuant to regulations adopted by the
Board.
3. Upon receiving notice of an appeal, the Division shall hold
a hearing pursuant to regulations adopted by the Board.
4. The Board shall adopt such regulations as are necessary to
carry out the provisions of this section.
Sec. 48. 1. If the Division suspends the license of an
agency to provide personal care services in the home pursuant to
the provisions of this chapter, or if such an agency otherwise
ceases to operate, including, without limitation, pursuant to an
action or order of a health authority pursuant to chapter 441A of
NRS, the Division may, if deemed necessary by the Administrator
of the Division, take control of and ensure the safety of the records
of the agency.
2. Subject to the provisions of the Health Insurance
Portability and Accountability Act of 1996, Publi c Law 104 -191,
the Division shall:
(a) Maintain the confidentiality of the records obtained
pursuant to subsection 1.
(b) Share records obtained pursuant to subsection 1 with law
enforcement agencies in this State and other governmental entities
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which ha ve authority to license the agency to provide personal
care services in the home or to license the owners or employees of
the agency.
(c) Release a record obtained pursuant to subsection 1 to the
client or legal guardian of the client who is the subject o f the
record.
3. The Board shall adopt regulations to carry out the
provisions of this section, including, without limitation,
regulations for contracting with a person to maintain any records
under the control of the Division pursuant to subsection 1 an d for
payment by the agency to provide personal care services in the
home of the cost of maintaining medical records.
Sec. 49. 1. In addition to the grounds listed in section 44 of
this act, the Division or the Board, as applicable, may deny a
license to operate an agency to provide personal care services in
the home or employment agency that contracts with persons to
provide nonmedical services related to personal care to elderl y
persons or persons with disabilities in the home to an applicant or
may suspend or revoke the license of a licensee to operate such an
agency if:
(a) The applicant or licensee has been convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault or battery with intent to kill or to commit sexual
assault or mayhem;
(3) Sexual assault, statutory sexual seduction, incest,
lewdness or indecent exposure, or any other sexually related crime
that is punished as a felony;
(4) Prostitution, solicitation, lewdness or indecent exposure,
or any other sexually related crime that is punished as a
misdemeanor, within the immediately preceding 7 years;
(5) A crime involving domestic violence that is punished as
a felony;
(6) A crime involving domestic violence that is punished as
a misdemeanor, within the immediately preceding 7 years;
(7) Abuse or neglect of a child or contributory delinquency;
(8) A violation of any federal or state law regulating the
possession, distribution or use of any con trolled substance or any
dangerous drug as defined in chapter 454 of NRS, within the
immediately preceding 7 years;
(9) Abuse, neglect, exploitation, isolation or abandonment
of older persons or vulnerable persons, including, without
limitation, a violat ion of any provision of NRS 200.5091 to
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200.50995, inclusive, or a law of any other jurisdiction that
prohibits the same or similar conduct;
(10) A violation of any provision of law relating to
Medicaid or a law of any other jurisdiction that prohibits the same
or similar conduct, within the immediately preceding 7 years;
(11) A violation of any provision of NRS 422.450 to
422.590, inclusive;
(12) A criminal offense under the laws governing Medicaid
or Medicare, within the immediately preceding 7 years;
(13) Any offense involving fraud, theft, embezzlement,
burglary, robbery, fraudulent conversion or misappropriation of
property, within the immediately preceding 7 years;
(14) Any other felony involving the use or threatened use of
force or violence against the victim or the use of a firearm or other
deadly weapon; or
(15) An attempt or conspiracy to commit any of the offenses
listed in this paragraph, within the immediately preceding 7 years;
or
(b) The licensee has, in violation of section 40 of this act,
continued to employ a person who has been convicted of a crime
listed in paragraph (a).
2. In addition to the grounds listed in section 44 of this act,
the Division or the Board, as applicable, may suspend or revoke
the license of a licensee to operate an agency to provide personal
care services in the home or employment agency that contracts
with persons to provide nonmedical services related to personal
care to elderly persons or persons with disabilities in the home if
the licensee has, in violation of section 40 of this act, continued to
employ a person who has been convicted of a crime listed in
paragraph (a) of subsection 1.
3. As used in this section:
(a) “Domestic violence” means an act described in
NRS 33.018.
(b) “Medicaid” has t he meaning ascribed to it in
NRS 439B.120.
(c) “Medicare” has the meaning ascribed to it in
NRS 439B.130.
Sec. 50. 1. If the Division receives a copy of a court order
issued pursuant to NRS 425.540 that provides for the suspension
of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of
license, the Division shall deem the license issued to that person to
be suspended at the end of the 30th day after the date on which the
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court order was issued unless the Division receives a letter issued
to the holder of the license by the district attorney or other public
agency pursuant to NRS 425.550 stating that the holder of the
license has complied with the subpoena or warrant or has satisfied
the arrearage pursuant to NRS 425.560.
2. The Division shall reinstate a license issued pursuant to
sections 2 to 58, inclusive, of this act that has been suspended by a
district attorney pursuant to NRS 425.540 if the Division receives
a letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person whose certificate was
suspended st ating that the person whose license was suspended
has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
Sec. 51. If a patient is released by a hospital to his or her
residence to receive care from an agency to provide personal care
services in the home, the agency to provide personal care services
in the home shall consult with a dietitian, as appropriate, to
ensure that the patient or the person with primary responsibility
for the care of the patient understand s the dietary needs of the
patient.
Sec. 52. An agency to provide personal care services in the
home that is licensed pursuant to this chapter may, through its
employees or by contractual arrangement with other persons,
provide:
1. To persons with disa bilities, any medical services
authorized pursuant to NRS 629.091; and
2. Nonmedical services related to personal care to elderly
persons or persons with disabilities to assist those persons with
activities of daily living.
Sec. 53. Any person who is employed by an agency to provide
personal care services in the home who:
1. Has successfully completed a course in cardiopulmonary
resuscitation according to the guidelines of the American National
Red Cross or American Heart Association;
2. Has successfully completed the training requirements of a
course in basic emergency care of a person in cardiac arrest
conducted in accordance with the standards of the American
Heart Association; or
3. Has successfully completed the training requirements of a
course in the use and administration of first aid, including
cardiopulmonary resuscitation,
and who in good faith renders emergency care or assistance in
accordance with the person’s training, in the course of his or her
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regular employment or profession, to an elderly person or a
person with a disability, is not liable for any civil damages as a
result of any act or omission, not amounting to gross negligence,
by that person in rendering that care.
Sec. 54. The name, sign, listing or other designation of a n
agency to provide personal care services in the home must not
contain any terms misleading to the public with regard to the
services offered.
Sec. 55. 1. An agency to provide personal care services in
the home or an employee of such an agency shall not:
(a) Refer a person to a residential facility for groups that is not
licensed by the Division; or
(b) Refer a person to a residential facility for groups if the
agency to provide personal care services in the home or its
employee knows or reasonably should know that the residential
facility for groups, or the services provided by the residential
facility for groups, are not appropriate for the condition of the
person being referred.
2. If an agency to provide personal care services in the home
or an employee of such an agency violates the provisions of
subsection 1, the agency to provide personal care services in the
home is liable for a civil penalty to be recovered by the Attorney
General in the name of the Board for the first offense of not more
than $10,000 and for a second or subsequent offense of not less
than $10,000 or more than $20,000. Unless otherwise required by
federal law, the Board shall deposit all civil penalties collected
pursuant to this section into a separate account in the State
General Fund to be used for the enforcement of this section and
the protection of the health, safety, well -being and property of
residents of residential facilities for groups.
3. The Board shall:
(a) Establish and maintain a system to track violations of this
section. Except as otherwise provided in this paragraph, records
created by or for the system are public records and are available
for public inspection. The following information is confidential:
(1) Any personally identifying information relati ng to a
person who is referred to a residential facility for groups.
(2) Information which may not be disclosed under federal
law.
(b) Educate the public regarding the requirements and
prohibitions set forth in this section and NRS 449.0305.
4. As used in this section, “residential facility for groups” has
the meaning ascribed to it in NRS 449.017.
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Sec. 56. 1. In addition to the payment of the amount
required by section 17 of this act and any civil penalty imposed
pursuant to subsection 4, a person who operates an agency to
provide personal care services in the home without a license issued
by the Division is guilty of a misdemeanor.
2. If the Division believes that a person is operating an
agency to provide personal care services in the home witho ut such
a license, the Division may issue an order to cease and desist the
operation of the agency. The order must be served upon the person
by personal delivery or by certified or registered mail, return
receipt requested. The order is effective upon service.
3. If a person does not voluntarily cease operating an agency
to provide personal care services in the home without a license or
apply for licensure within 30 days after the date of service of the
order pursuant to subsection 2, the Division may bri ng an action
in a court of competent jurisdiction pursuant to section 57 of this
act.
4. Upon a showing by the Division that a person is operating
an agency to provide personal care services in the home without a
license, a court of competent jurisdiction may:
(a) Enjoin the person from operating the agency.
(b) Impose a civil penalty on the operator to be recovered by
the Division of not more than $10,000 for the first offense or not
less than $10,000 or more than $25,000 for a second or
subsequent offense.
5. Unless otherwise required by federal law, the Division
shall deposit all civil penalties collected pursuant to paragraph (b)
of subsection 4 into a separate account in the State General Fund
to be used to administer and carry out t he provisions of sections 2
to 58, inclusive, of this act and to protect the health, safety, well -
being and property of the clients in accordance with applicable
state and federal standards.
Sec. 57. 1. The Division may bring an action in the name
of the State to enjoin any person, state or local government unit or
agency thereof from operating or maintaining any agency to
provide personal care services in the home or employment agency
that contracts with persons to provide nonmedical services related
to personal care to elderly persons or persons with disabilities in
the home within the meaning of sections 2 to 58, inclusive, of this
act:
(a) Without first obtaining a license therefor; or
(b) After his or her license has been revoked or suspended by
the Division.
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2. It is sufficient in such action to allege that the defendant
did, on a certain date and in a certain place, operate and maintain
such an agency without a license.
Sec. 58. The district attorney of the county in which an
agency to provide personal care services in the home or
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home is located shall, upon
application by the Division, ins titute and conduct the prosecution
of any action for violation of any provisions of sections 2 to 58,
inclusive, of this act.
Sec. 59. As used in sections 59 to 90, inclusive, of this act,
unless the context otherwise requires, “intermediary service
organization” means a nongovernmental entity that provides
services authorized pursuant to section 60 of this act for a person
with a disability or other responsible person.
Sec. 60. 1. An intermediary service organization that is
certified pursuant to sections 59 to 90, inclusive, of this act may
provide services for a person with a disability or other responsible
person relating to personal assistance received by the person with
a disability. The services that may be provided by an intermediary
service organization include, without limitation:
(a) Obtaining a criminal background check of a personal
assistant selected by the person with a disability or other
responsible person to provide nonmedical services and any
medical services authorized pursuant to NRS 629.091;
(b) Providing payroll services to pay the personal assistant and
determine any tax liability;
(c) Providing services relating to financial management; and
(d) Providing any other services relating to the employment of
a personal assistant and any other financial assistance relating to
the personal assistance for the person with a disability.
2. As used in this section:
(a) “Other responsible person” means:
(1) A parent or guardian of, or any other person legally
responsible for, a person with a disability who is under the age of
18 years; or
(2) A parent, spouse, guardian or adult child of a person
with a disability who suffers from a cognitive impairment.
(b) “Personal assistance” means the provision of any goods or
services to help a person with a disability maintain his or her
independence, personal hygiene and safety, including, without
limitation, the provision of services by a personal assistant.
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(c) “Personal assistant” means a person who, for
compensation and under the direction of a person with a disability
or other responsible person, performs services for a person with a
disability to help the person maintain his or her independence,
personal hygiene and safety.
Sec. 61. 1. The Board shall adopt regulations authorizing
an employee of an intermediary service organization, with the
consent of the person receiving services, to:
(a) Check, record and report the temperature, blood press ure,
apical or radial pulse, respiration or oxygen saturation of a person
receiving services from the organization;
(b) Using an auto -injection device approved by the Food and
Drug Administration for use in the home, administer to a person
receiving servi ces from the organization insulin furnished by a
registered pharmacist as directed by a physician or assist such a
person with the self-administration of such insulin; and
(c) Using a device for monitoring blood glucose approved by
the Food and Drug Administration for use in the home, perform a
blood glucose test on a person receiving services from the
organization or assist such a person to perform a blood glucose
test on himself or herself.
2. The regulations adopted pursuant to this section:
(a) Must require the tasks described in subsection 1 to be
performed in conformance with the Clinical Laboratory
Improvement Amendments of 1988, Public Law No. 100 -578, 42
U.S.C. § 263a, if applicable, and any other applicable federal law
or regulation;
(b) Must prohibit the use of a device for monitoring blood
glucose on more than one person; and
(c) May require a person to receive training before performing
any task described in subsection 1.
Sec. 62. 1. Except as otherwise provided in subsection 2, a
person shall not operate or maintain in this State an intermediary
service organization without first obtaining a certificate to operate
an intermediary service organization as provided in sections 59 to
90, inclusive, of this act.
2. A person who is licensed to operate an agency to provide
personal care services in the home pursuant to this chapter is not
required to obtain a certificate to operate an intermediary service
organization as described in this section.
3. A person who violates the provisions of this section is
guilty of a misdemeanor.
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Sec. 63. Any person wishing to obtain a certificate to operate
an intermediary service organization pursuant to the provisions of
sections 59 to 90, inclusive, of this act must file with the Division
an application, on a form prescribed, prepared and furnished by
the Division, containing:
1. The name of the applicant and, if a person, whether the
applicant has attained the age of 21 years.
2. The location of the intermediary service organization.
3. The name of the person in charge of the intermediary
service organization.
4. Such other information as may be required by the Division
for the proper administration and enforcement of sections 59 to
90, inclusive, of this act.
5. Evidence satisfactory to the Division that the applicant is
of reputable and responsible character. If the applicant is a firm,
association, organization, partnership, business trust, corporation
or company, similar evidence must be submitted as to the members
thereof, and the person in charge of the intermediary service
organization for which the application is made.
6. Evidence satisfactory to the Division of the ability of the
applicant to comply with the provisions of sections 59 to 90,
inclusive, of this act and the standards and regulations adopted by
the Board.
Sec. 64. An application for the issuance of a certificate to
operate an intermediary service organization pursuant to section
63 of this act must include the social security number of the
applicant.
Sec. 65. 1. An applicant for the issuance or renewal of a
certificate to operate an intermediary service organization must
submit to the Division the statement prescribed by the Division of
Welfare and Supportive Services of the Department of Health and
Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Division shall include the statement required pursuant
to subsection 1 in:
(a) The application or any other fo rms that must be submitted
for the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate to operate an intermediary service
organization may not be issued or renewed by the Division if the
applicant:
(a) Fails to submit the statement required pursuant to
subsection 1; or
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(b) Indicates on the statement submitted pursuant to
subsection 1 that the applicant is subject to a court order for the
support of a child and is not in compliance with the order o r a
plan approved by the district attorney or other public agency
enforcing the order for the repayment of the amount owed
pursuant to the order.
4. If an applicant indicates on the statement submitted
pursuant to subsection 1 that the applicant is subje ct to a court
order for the support of a child and is not in compliance with the
order or a plan approved by the district attorney or other public
agency enforcing the order for the repayment of the amount owed
pursuant to the order, the Division shall adv ise the applicant to
contact the district attorney or other public agency enforcing the
order to determine the actions that the applicant may take to
satisfy the arrearage.
Sec. 66. Each application for a certificate to operate an
intermediary service or ganization must be accompanied by such
fee as may be determined by regulation of the Board. The Board
may, by regulation, allow or require payment of a fee for a
certificate in installments and may fix the amount of each
payment and the date on which the payment is due.
Sec. 67. 1. Except as otherwise provided in subsection 6
and section 68 of this act, each intermediary service organization
shall, when applying for a certificate or renewing a certificate, file
with the Administrator of the Division of P ublic and Behavioral
Health a surety bond:
(a) If the intermediary service organization employs less than
7 employees, in the amount of $5,000;
(b) If the intermediary service organization employs at least 7
but not more than 25 employees, in the amount of $25,000; or
(c) If the intermediary service organization employs more than
25 employees, in the amount of $50,000.
2. A bond filed pursuant to this section must be executed by
the intermediary service organization as principal and by a surety
company as surety. The bond must be payable to the Aging and
Disability Services Division of the Department of Health and
Human Services and must be conditioned to provide
indemnification to an older patient whom the Attorney for the
Rights of Older Persons and Persons with a Physical Disability, an
Intellectual Disability or a Related Condition determines has
suffered property damage as a result of any act or failure to act by
the intermediary service organization to protect the property of the
older patient.
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3. Except when a surety is released, the surety bond must
cover the period of the initial certificate to operate or the period of
the renewal, as appropriate.
4. A surety on any bond filed pursuant to this section may be
released after the surety gives 30 days’ written notice to the
Administrator of the Division of Public and Behavioral Health,
but the release does not discharge or otherwise affect any claim
filed by an older patient for property damaged as a result of any
act or failure to act by the inte rmediary service organization to
protect the property of the older patient alleged to have occurred
while the bond was in effect.
5. A certificate is suspended by operation of law when the
intermediary service organization is no longer covered by a suret y
bond as required by this section or by a substitute for the surety
bond pursuant to section 68 of this act. The Administrator of the
Division of Public and Behavioral Health shall give the
intermediary service organization at least 20 days’ written notic e
before the release of the surety or the substitute for the surety, to
the effect that the certificate will be suspended by operation of law
until another surety bond or substitute for the surety bond is filed
in the same manner and amount as the bond or substitute being
terminated.
6. The requirement of filing a surety bond set forth in this
section does not apply to an intermediary service organization that
is operated and maintained by the State of Nevada or an agency
thereof.
7. As used in this section, “older patient” means a patient
who is 60 years of age or older.
Sec. 68. 1. As a substitute for the surety bond required
pursuant to section 67 of this act, an intermediary service
organization may deposit with any bank or trust company
authorized to do business in this State, upon approval from the
Administrator of the Division of Public and Behavioral Health:
(a) An obligation of a bank, savings and loan association,
savings bank, thrift company or credit union licensed to do
business in this State;
(b) Bills, bonds, notes, debentures or other obligations of the
United States or any agency or instrumentality thereof, or
guaranteed by the United States; or
(c) Any obligation of this State or any city, county, town,
township, school district or other instrumentality of this State, or
guaranteed by this State, in an aggregate amount, based upon
principal amount or market value, whichever is lower.
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2. The obligations of a bank, savings and loan association,
savings bank, thrift company or cred it union must be held to
secure the same obligation as would the surety bond required by
section 67 of this act. With the approval of the Administrator of
the Division of Public and Behavioral Health, the depositor may
substitute other suitable obligations for those deposited, which
must be assigned to the Aging and Disability Services Division of
the Department of Health and Human Services and are negotiable
only upon approval by the Administrator of the Aging and
Disability Services Division.
3. Any interest or dividends earned on the deposit accrue to
the account of the depositor.
4. The deposit must be an amount at least equal to the surety
bond required by section 67 of this act and must state that the
amount may not be withdrawn except by direct an d sole order of
the Administrator of the Aging and Disability Services Division.
Sec. 69. 1. The Division shall not deny the application of a
person for a certificate to operate an intermediary service
organization pursuant to section 63 of this act based solely on his
or her immigration status.
2. Notwithstanding the provisions of section 64 of this act, an
applicant for a certificate to operate an intermediary service
organization who does not have a social security number must
provide an alternative personally identifying number, including,
without limitation, his or her individual taxpayer identification
number, when completing an application for a certificate to
operate an intermediary service organization.
3. The Division shall n ot disclose to any person who is not
employed by the Division the social security number or alternative
personally identifying number, including, without limitation, an
individual taxpayer identification number, of an applicant for a
license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally
identifying number, including, without limitation, an individual
taxpayer ident ification number, provided to the Division is
confidential and is not a public record for the purposes of chapter
239 of NRS.
Sec. 70. 1. The Division shall develop and implement a
process by which a person with a criminal history may petition the
Division to review the criminal history of the person to determine
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if the person’s criminal history will disqualify the person from
obtaining a certificate to operate an intermediary service
organization pursuant to section 62 of this act.
2. Not later than 90 days after a petition is submitted to the
Division pursuant to subsection 1, the Division shall inform
the person of the determination of the Division of whether the
person’s criminal history will disqualify the person from obtaining
a certificate. The Division is not bound by its determination of
disqualification or qualification and may rescind such a
determination at any time.
3. The Division may provide instructions to a person who
receives a determination of disqualification to remedy the
determination of disqualification. A person may resubmit a
petition pursuant to subsection 1 not earlier than 6 months after
receiving instructio ns pursuant to this subsection if the person
remedies the determination of disqualification.
4. A person with a criminal history may petition the Division
at any time, including, without limitation, before obtaining any
education or paying any fee requir ed to obtain a certificate from
the Division.
5. A person may submit a new petition to the Division not
earlier than 2 years after the final determination of the initial
petition submitted to the Division.
6. The Division may impose a fee of up to $50 upon the
person to fund the administrative costs in complying with the
provisions of this section. The Division may waive such fees or
allow such fees to be covered by funds from a scholarship or
grant.
7. The Division may post on its Internet website:
(a) The requirements to obtain a certificate from the Division;
and
(b) A list of crimes, if any, that would disqualify a person from
obtaining a certificate from the Division.
8. The Division may request the criminal history record of a
person who petitions the Division for a determination pursuant to
subsection 1. To the extent consistent with federal law, if the
Division makes such a request of a person, the Division shall
require the person to submit his or her criminal history record
which includes a report from:
(a) The Central Repository for Nevada Records of Criminal
History; and
(b) The Federal Bureau of Investigation.
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9. A person who petitions the Division for a determination
pursuant to subsection 1 shall not submit false or misleading
information to the Division.
10. The Division shall, on or before the 20th day of January,
April, July and October, submit to the Director of the Legislative
Counsel Bureau in an electronic format prescribed by the
Director, a report that includes:
(a) The number of petitions submitted to the Division pursuant
to subsection 1;
(b) The number of determinations of disqualification made by
the Division pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is re quested by the Director or
which the Division determines would be helpful.
11. The Director shall transmit a compilation of the
information received pursuant to subsection 10 to the Legislative
Commission quarterly, unless otherwise directed by the
Commission.
Sec. 71. 1. The Division shall issue the certificate to
operate an intermediary service organization to the applicant if,
after investigation, the Division finds that the applicant is in:
(a) Full compliance with the provisions of sections 59 to 90,
inclusive, of this act; and
(b) Substantial compliance with the standards and regulations
adopted by the Board.
2. A certificate applies only to the person to whom it is issued
and is not transferable.
Sec. 72. Each certificate to operate an intermediary service
organization issued by the Division pursuant to sections 59 to 90,
inclusive, of this act must be in the form prescribed by the Division
and must contain:
1. The name of the person or persons authorized to operate
the intermediary service organization;
2. The location of the intermediary service organization; and
3. The services offered by the intermediary service
organization.
Sec. 73. 1. Each certificate to operate an intermediary
service organi zation issued pursuant to sections 59 to 90,
inclusive, of this act expires on December 31 following its
issuance and is renewable for 1 year upon reapplication and
payment of all fees required pursuant to section 66 of this act
unless the Division finds, after an investigation, that the
intermediary service organization has not satisfactorily complied
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with the provisions of sections 59 to 90, inclusive, of this act or the
standards and regulations adopted by the Board.
2. Each reapplication for an intermediary service
organization must include, without limitation, a statement that the
organization is in compliance with the provisions of sections 80 to
85, inclusive, of this act.
Sec. 74. 1. In addition to any other requi rements set forth
in sections 59 to 90, inclusive, of this act, an applicant for the
renewal of a certificate as an intermediary service organization
must indicate in the application submitted to the Division whether
the applicant has a state business lice nse. If the applicant has a
state business license, the applicant must include in the
application the business identification number assigned by the
Secretary of State upon compliance with the provisions of chapter
76 of NRS.
2. A certificate as an inter mediary service organization may
not be renewed by the Division if:
(a) The applicant fails to submit the information required by
subsection 1; or
(b) The State Controller has informed the Division pursuant to
subsection 5 of NRS 353C.1965 that the appli cant owes a debt to
an agency that has been assigned to the State Controller for
collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt
pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
Sec. 75. The Division may deny an application for a
certificate to operate an intermediary service organization or may
suspend or revoke any certificate issued under the provisions of
sections 59 to 90, inclusive, of this act upon any of the following
grounds:
1. Violation by the applicant or the holder of a certificate of
any of the provisions of sections 59 to 90, inclusive, of this act or
of any other law of this State or of the standards, rules and
regulations adopted thereunder.
2. Aiding, abetting or permitting the commission of any
illegal act.
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3. Conduct inimical to the public health, morals, welfare and
safety of the people of the State of Nevada in the operation of an
intermediary service organization.
4. Conduct or practice detrimental to the health or safety of a
person under contract with or employees of the intermediary
service organization.
Sec. 76. 1. If the Division receives a copy of a court order
issued pursuant to NRS 425.540 that provides for the suspension
of all professional, occ upational and recreational licenses,
certificates and permits issued to a person who is the holder of a
certificate to operate an intermediary service organization, the
Division shall deem the certificate issued to that person to be
suspended at the end of the 30th day after the date on which the
court order was issued unless the Division receives a letter issued
to the holder of the certificate by the district attorney or other
public agency pursuant to NRS 425.550 stating that the holder of
the certificate has complied with the subpoena or warrant or has
satisfied the arrearage pursuant to NRS 425.560.
2. The Division shall reinstate a certificate to operate an
intermediary service organization that has been suspended by a
district court pursuant to NRS 425.540 if the Division receives a
letter issued by the district attorney or other public agency
pursuant to NRS 425.550 to the person whose certificate was
suspended stating that the person whose certificate was suspended
has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
Sec. 77. 1. The Division may cancel a certificate to operate
an intermediary service organization and issue a provisional
certificate, effective for a period determined by the Division, to the
intermediary service organization if the intermediary service
organization:
(a) Is in operation at the time of the adoption of standards and
regulations pursuant to the provisions of sections 59 to 90,
inclusive, of this act and the Division determines that the
intermediary service organization requires a reasonable time
under the particular circumstances within which to comply with
the standards and regulations; or
(b) Has failed to comply with the standards or regulations and
the Division determines that the intermediary service organization
is in the process of making the necessary changes or has agreed to
make the changes within a reasonable time.
2. The provisions of subsection 1 do not require the issuance
of a certificate or prevent t he Division from refusing to renew or
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from revoking or suspending any certificate if the Division deems
such action necessary for the health and safety of a person for
whom the intermediary service organization provides services.
Sec. 78. 1. Money recei ved from the certification of
intermediary service organizations:
(a) Must be forwarded to the State Treasurer for deposit in the
State Treasury;
(b) Must be accounted for separately in the State General
Fund; and
(c) May only be used to carry out the p rovisions of sections 59
to 90, inclusive, of this act.
2. The Division shall enforce the provisions of sections 59 to
90, inclusive, of this act and may incur any necessary expenses not
in excess of money appropriated for that purpose by the State or
received from the Federal Government.
Sec. 79. 1. The Board shall adopt regulations governing
the certification of intermediary service organizations and such
other regulations as it deems necessary to carry out the provisions
of sections 59 to 90, inclusive, of this act.
2. The Division may:
(a) Upon receipt of an application for a certificate to operate
an intermediary service organization, conduct an investigation
into the qualifications of personnel, methods of operation and
policies and purpo ses of any person proposing to engage in the
operation of an intermediary service organization.
(b) Upon receipt of a complaint against an intermediary
service organization, except for a complaint concerning the cost of
services, conduct an investigation into the qualifications of
personnel, methods of operation and policies, procedures and
records of that intermediary service organization or any other
intermediary service organization which may have information
pertinent to the complaint.
(c) Employ such professional, technical and clerical assistance
as it deems necessary to carry out the provisions of sections 59 to
90, inclusive, of this act.
Sec. 80. 1. Each applicant for a certificate to operate an
intermediary service organization shall submit to the Central
Repository for Nevada Records of Criminal History one complete
set of fingerprints for submission to the Federal Bureau of
Investigation for its report.
2. The Central Repository for Nevada Records of Criminal
History shall determine whether the applicant has been convicted
of a crime listed in subsection 1 of section 85 of this act and
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immediately inform the administrator of the facility, hospital,
agency, program or home, if any, and the Division of whether the
applicant has been convicted of such a crime.
Sec. 81. 1. Except as otherwise provided in subsections 2
and 3, within 10 days after hiring an employee, accepting an
employee of a temporary empl oyment service or entering into a
contract with an independent contractor, the holder of a certificate
to operate an intermediary service organization shall:
(a) Obtain a written statement from the employee, employee of
the temporary employment service or independent contractor
stating whether he or she has been convicted of any crime listed in
subsection 1 of section 85 of this act;
(b) Obtain an oral and written confirmation of the information
contained in the written statement obtained pursuant to
paragraph (a);
(c) Obtain proof that the employee, employee of the temporary
employment service or independent contractor holds any required
license, permit or certificate;
(d) Obtain from the employee, employee of the temporary
employment service or indepe ndent contractor one set of
fingerprints and a written authorization to forward the
fingerprints to the Central Repository for Nevada Records of
Criminal History for submission to the Federal Bureau of
Investigation for its report;
(e) Submit to the Centr al Repository for Nevada Records of
Criminal History the fingerprints obtained pursuant to paragraph
(d) to obtain information on the background and personal history
of each employee, employee of a temporary employment service or
independent contractor to determine whether the person has been
convicted of any crime listed in subsection 1 of section 85 of this
act; and
(f) If an Internet website has been established pursuant to
NRS 439.942:
(1) Screen the employee, employee of the temporary
employment service or independent contractor using the Internet
website. Upon request of the Division, proof that the employee,
temporary employee or independent contractor was screened
pursuant to this subparagraph must be provided to the Division.
(2) Enter on the Internet website information to be
maintained on the website concerning the employee, employee of
the temporary employment service or independent contractor.
2. The holder of a certificate to operate an intermediary
service organization is not requir ed to obtain the information
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described in subsection 1 from an employee, employee of a
temporary employment service or independent contractor if his or
her fingerprints have been submitted to the Central Repository for
Nevada Records of Criminal History for submission to the Federal
Bureau of Investigation for its report within the immediately
preceding 6 months and the report of the Federal Bureau of
Investigation indicated that the employee, employee of the
temporary employment service or independent cont ractor has not
been convicted of any crime set forth in subsection 1 of section 85
of this act.
3. The holder of a certificate to operate an intermediary
service organization is not required to obtain the information
described in subsection 1, other than the information described in
paragraph (c) of subsection 1, from an employee, employee of a
temporary employment service or independent contractor if:
(a) The employee, employee of the temporary employment
service or independent contractor agrees to allo w the holder of a
certificate to operate an intermediary service organization to
receive notice from the Central Repository for Nevada Records of
Criminal History regarding any conviction and subsequent
conviction of the employee, employee of the temporary
employment service or independent contractor of a crime listed in
subsection 1 of section 85 of this act;
(b) An agency, board or commission that regulates an
occupation or profession pursuant to title 54 of NRS or temporary
employment service has, within the immediately preceding 5 years,
submitted the fingerprints of the employee, employee of the
temporary employment service or independent contractor to the
Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report;
and
(c) The report of the Federal Bureau of Investigation indicated
that the employee, employee of the temporary employment service
or independent contractor has not been convicted of any crime set
forth in subsection 1 of section 85 of this act.
4. The holder of a certificate to operate an intermediary
service organization shall ensure that the information concerning
the background and personal history of each employee, employee
of a temporary employment service or independent contractor who
works at or for the intermediary service organization is completed
as soon as practicable and at least once every 5 years after the date
of the initial investigation. The holder of the certificate shall,
when required:
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(a) Obtain one set of fingerprints from the employee, employee
of the temporary employment service or independent contractor;
(b) Obtain written authorization from the employee, employee
of the temporary employment service or independent contractor to
forward the fingerprints obtained pursuant to paragraph (a) to the
Central Repository for Nevada Records of Criminal History for
submission to the Federal Bureau of Investigation for its report;
and
(c) Submit the fingerprints to the Central Repository for
Nevada Records of Criminal History or, if the fingerprints were
submitted electronically, obtain proof of electronic submission of
the fingerprints to the Central Repository for Nevada Records of
Criminal History.
5. Upon receiving fingerprints submitted pursuant to this
section, the Central Repository for Nevada Records of Criminal
History shall determine whether the employee, employee of the
temporary employment service or independent contractor has been
convicted of a crime listed in subsection 1 of section 85 of this act
and immediately inform the Division and the holder of the
certificate to operate an intermediary service organization for
which the person works whether the employee, employee of the
temporary employment service or independent contractor has been
convicted of such a crime.
6. The Central Repository for Nevada Records of Criminal
History may impose a fee upon an intermediary service
organization that submits fingerprints pursuant to this section for
the reasonable cost of the investigation. The interme diary service
organization may recover from the employee or independent
contractor whose fingerprints are submitted not more than one -
half of the fee imposed by the Central Repository. If the
intermediary service organization requires the employee or
independent contractor to pay for any part of the fee imposed by
the Central Repository, it shall allow the employee or independent
contractor to pay the amount through periodic payments. The
intermediary service organization may require a temporary
employment service which employs a temporary employee whose
fingerprints are submitted to pay the fee imposed by the Central
Repository. An intermediary service organization shall notify a
temporary employment service if a person employed by the
temporary employment service is determined to be ineligible to
provide services to the intermediary service organization based
upon the results of an investigation conducted pursuant to this
section.
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7. Unless a greater penalty is provided by law, a person who
willfully provides a false statement or information in connection
with an investigation of the background and personal history of
the person pursuant to this section that would disqualify the
person from employment, including, without limitation, a
conviction of a crime listed in subsection 1 of section 85 of this
act, is guilty of a misdemeanor.
Sec. 82. 1. A temporary employment service shall not send
an employee to provide services to an intermediary service
organization if the temporary employment service has received
notice from a holder of a certificate to operate an intermediary
service organization that the employee of the temporary
employment service is ineligible to provide such services.
2. A holder of a certifi cate to operate an intermediary service
organization who enters into an agreement with a temporary
employment service to provide services to the intermediary service
organization on a temporary basis must require the temporary
employment service to:
(a) Provide proof that each employee of the temporary
employment service whom it may send to provide services to the
intermediary service organization has been continuously employed
by the temporary employment service since the last investigation
conducted of the employee pursuant to section 81 of this act; and
(b) Notify the intermediary service organization if the
investigation conducted of an employee of the temporary
employment service pursuant to section 81 of this act has not been
conducted within the immediately preceding 5 years.
Sec. 83. 1. Each intermediary service organization shall
maintain accurate records of the information concerning its
employees, employees of a temporary employment service and
independent contractors collected pursuant to sec tion 81 of this
act, including, without limitation:
(a) A copy of the fingerprints submitted to the Central
Repository for Nevada Records of Criminal History or proof of
electronic fingerprint submission and a copy of the written
authorization that was provided by the employee, employee of the
temporary employment service or independent contractor;
(b) Proof that the fingerprints of the employee, employee of the
temporary employment service or independent contractor were
submitted to the Central Repository; and
(c) Any other documentation of the information c ollected
pursuant to section 81 of this act.
2. The records maintained pursuant to subsection 1 must be:
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(a) Maintained for the period of the employment of the person
with the intermediary service organization; and
(b) Made available for inspection by the Division at any
reasonable time, and copies thereof must be furnished to the
Division upon request.
3. If an Internet website has been established pursuant to
NRS 439.942, an intermediary service organization shall maintain
a current list of its empl oyees, employees of a temporary
employment service and independent contractors on the Internet
website.
4. The Central Repository for Nevada Records of Criminal
History may maintain an electronic image of fingerprints
submitted pursuant to sections 80 and 81 of this act to notify an
intermediary service organization and the Division of any
subsequent conviction of a person who is required to submit to an
investigation pursuant to sections 80 and 81 of this act.
Sec. 84. 1. Upon receiving information from the Central
Repository for Nevada Records of Criminal History pursuant to
section 81 of this act, or evidence from any other source, that an
employee, employee of a temporary employment service or
independent contractor of a n intermediary service organization
has been convicted of a crime listed in subsection 1 of section 85
of this act, the holder of the certificate to operate the intermediary
service organization shall terminate the employment or contract of
that person or notify the temporary employment service that its
employee is prohibited from providing services for the
intermediary service organization after allowing the person time to
correct the information as required pursuant to subsection 2.
2. If an employee, employee of a temporary employment
service or independent contractor believes that the information
provided by the Central Repository is incorrect, the employee,
employee of the temporary employment service or independent
contractor may immediately inform the intermediary service
organization. The intermediary service organization that is so
informed shall give the employee, employee of the temporary
employment service or independent contractor a reasonable
amount of time of not less than 30 days to correct the information
received from the Central Repository before terminating the
employment or contract of the person pursuant to subsection 1.
3. An intermediary service organization that has complied
with section 81 of this act may not be held civilly or c riminally
liable based solely upon the ground that the intermediary service
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organization allowed an employee, employee of a temporary
employment service or independent contractor to work:
(a) Before it received the information concerning the
employee, emp loyee of the temporary employment service or
independent contractor from the Central Repository, except that
an employee, employee of a temporary employment service or
independent contractor shall not have contact with a child without
supervision before such information is received;
(b) During the period required pursuant to subsection 2 to
allow the employee, employee of the temporary employment
service or independent contractor to correct that information,
except that an employee, employee of a temporary employment
service or independent contractor shall not have contact with a
child without supervision during such period;
(c) Based on the information received from the Central
Repository, if the information received from the Central
Repository was inaccurate; or
(d) Any combination thereof.
An intermediary service organization may be held liable for any
other conduct determined to be negligent or unlawful.
Sec. 85. In addition to the grounds listed in section 75 of this
act, the Division may deny a c ertificate to operate an intermediary
service organization to an applicant or may suspend or revoke a
certificate of a holder of a certificate to operate an intermediary
service organization if:
1. The applicant for or holder of the certificate has been
convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Assault with intent to kill or to commit sexual assault or
mayhem;
(c) Sexual assault, statutory sexual seduction, incest, lewdness
or indecent exposure, or any other sexually related crime that is
punished as a felony;
(d) Prostitution, solicitation, lewdness or indecent exposure, or
any other sexually related crime that is punished as a
misdemeanor, if the conviction occurred within the immediately
preceding 7 years;
(e) Abuse or neglect of a child or contributory delinquency;
(f) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS, within the past
7 years;
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(g) A violati on of any provision of NRS 200.5099 or
200.50995;
(h) Any offense involving fraud, theft, embezzlement, burglary,
robbery, fraudulent conversion or misappropriation of property,
within the immediately preceding 7 years; or
(i) Any other felony involving the use of a firearm or other
deadly weapon, within the immediately preceding 7 years; or
2. The holder of a certificate has continued to employ a
person who has been convicted of a crime listed in subsection 1.
Sec. 86. 1. If an intermediary service organization violates
any provision related to its certification, including, without
limitation, any provision of sections 59 to 90, inclusive, of this act
or any condition, standard or regulation adopted by the Board, the
Division, in accordance with the regulations adopted pursuant to
section 87 of this act, may, as it deems appropriate:
(a) Prohibit the intermediary service organization from
providing services pursuant to section 60 of this act until it
determines that the intermediary service organization has
corrected the violation;
(b) Impose an administrative penalty of not more than $1,000
per day for each violation, together with interest thereon at a rate
not to exceed 10 percent per annum; and
(c) Appoint temporary management to oversee the operation of
the intermediary service organization and to ensure the health and
safety of the persons for whom the intermediary service
organization performs services, until:
(1) It determines that the intermediary service organization
has corrected the violation and has management which is capable
of ensuring continued compliance with the applicable statutes,
conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the intermediary service organization fails to pay any
administrative penalty imposed pursuant to paragraph (b) of
subsection 1, the Division may:
(a) Suspend the certificate to operate an intermediary service
organization which is held by the intermediary service
organization until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorney’s fees and other
costs incurred to collect the administrative penalty.
3. The Division may require any intermediary service
organization that violates any provision of sections 59 to 90,
inclusive, of this act, or any condition, standard or regulation
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adopted by the Board, to make any improvements necessary to
correct the violation.
4. Any money collected as administrative penalties pursuant
to this section must be accounted for separately and used to
protect the health or property of the persons for whom the
intermediary service organization performs services in accordance
with applicable federal standards.
Sec. 87. The Board shall adopt regulations establishing the
criteria for the imposition of each sanction prescribed by section
86 of this act. These regulations must:
1. Prescribe the circumstances and manner in which each
sanction applies;
2. Minimize the time between identification of a violation and
the imposition of a sanction;
3. Provide for the imposition of incrementally more severe
sanctions for repeated or uncorrected violations; and
4. Provide for less s evere sanctions for lesser violations of
applicable state statutes, conditions, standards or regulations.
Sec. 88. 1. When the Division intends to deny, suspend or
revoke a certificate to operate an intermediary service
organization, or to impose any sanction prescribed by section 86 of
this act, the Division shall give reasonable notice to the holder of
the certificate by certified mail. The notice must contain the legal
authority, jurisdiction and reasons for the action to be taken.
Notice is not requi red if the Division finds that the public health
requires immediate action. In that case, the Division may order a
summary suspension of a certificate or impose any sanction
prescribed by section 86 of this act, pending proceedings for
revocation or other action.
2. If a person wants to contest the action of the Division, the
person must file an appeal pursuant to regulations adopted by the
Board.
3. Upon receiving notice of an appeal, the Division shall hold
a hearing pursuant to regulations adopted by the Board.
4. The Board shall adopt such regulations as are necessary to
carry out the provisions of this section.
Sec. 89. 1. Except as otherwise provided in subsection 2 of
section 62 of this act, the Division may bring an action in the
name of the State to enjoin any person from operating or
maintaining an intermediary service organization within the
meaning of sections 59 to 90, inclusive, of this act:
(a) Without first obtaining a certificate to operate an
intermediary service organization; or
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(b) After the person’s certificate has been revoked or
suspended by the Division.
2. It is sufficient in such an action to allege that the
defendant did, on a certain date and in a certain place, operate
and maintain the intermediary service organization without a
certificate.
Sec. 90. The district attorney of the county in which an
intermediary service organization operates shall, upon application
by the Division, institute and conduct the prosecution of any
action for violation of any provision of sections 59 to 90, inclusive,
of this act.
Sec. 91. NRS 439.942 is hereby amended to read as follows:
439.942 1. The Division may establish a secure Internet
website which makes certain information available for a website
client to conduct an investigation into the background and personal
history of a person that is required pursuant to the provisions of this
chapter or chapter 62B, 63, 424, 427A, 432, 432A, 432B, 433,
433B, 435 or 449 of NRS [.] or the chapter consisting of sections 2
to 90, inclusive, of this act.
2. To become a website client, a person or governmental entity
must:
(a) Create an account on the Internet website;
(b) Comply with NRS 439.942 to 439.948, inclusive, and any
regulations adopted pursuant thereto governing use of the Internet
website; and
(c) Designate a website client administrator who is responsible
for:
(1) Determining the persons who are authorized to use the
Internet website;
(2) Providing the Division with the names of the persons
who are authorized to use the Internet website;
(3) Ensuring that only those authorized persons have access
to the Internet website; and
(4) Notifying the Division of any change in the persons who
are authorized to use the Internet website.
3. Authorized employees of the D ivision and of the
Department of Public Safety may be designated to serve as
administrators of the Internet website with access to all the data and
information on the Internet website.
4. Except as otherwise provided in this section and NRS
239.0115, information collected, maintained, stored, backed up or
on file on the Internet website is confidential, not subject to
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subpoena or discovery and is not subject to inspection by the general
public.
5. The Division shall ensure that any information collec ted,
maintained and stored on the Internet website is protected
adequately from fire, theft, loss, destruction, other hazards and
unauthorized access, and is backed -up in a manner that ensures
proper confidentiality and security.
6. The Internet website must be maintained in accordance with
any requirements of the Office of the Chief Information Officer
within the Office of the Governor established for use of the
equipment or services of the Office pursuant to NRS 242.181.
Sec. 92. NRS 439B.225 is hereby amended to read as follows:
439B.225 1. As used in this section, “licensing board” means
any division or board empowered to adopt standards for the issuance
or renewal of licenses, permits or certificates of registration
pursuant to NRS 435.3305 to 435.339, inclusive, chapter 449, 625A,
630, 630A, 631, 632, 633, 634, 634A, 634B, 635, 636, 637, 637B,
639, 640, 640A, 640D, 641, 641A, 641B, 641C, 641D, 652, 653 or
654 of NRS [.] or the chapter consisting of sections 2 to 90,
inclusive, of this act.
2. The Committee shall review each regulation that a licensing
board proposes or adopts that relates to standards for the issuance or
renewal of licenses, permits or certificates of registration issued to a
person or facility regulated by the board, giving consideration to:
(a) Any oral or written comment made or submitted to it by
members of the public or by persons or facilities affected by the
regulation;
(b) The effect of the regulation on the cost of health care in this
State;
(c) The effect of the regu lation on the number of licensed,
permitted or registered persons and facilities available to provide
services in this State; and
(d) Any other related factor the Committee deems appropriate.
3. After reviewing a proposed regulation, the Committee shall
notify the agency of the opinion of the Committee regarding the
advisability of adopting or revising the proposed regulation.
4. The Committee shall recommend to the Legislature as a
result of its review of regulations pursuant to this section any
appropriate legislation.
Sec. 93. NRS 449.030 is hereby amended to read as follows:
449.030 Except as otherwise provided in NRS 449.03013 ,
[and 449.03017, ] no person, state or local government or agency
thereof may operate or maintain in this State any med ical facility or
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facility for the dependent without first obtaining a license therefor as
provided in NRS 449.029 to 449.2428, inclusive.
Sec. 94. NRS 449.0045 is hereby amended to read as follows:
449.0045 “Facility for the dependent” includes:
1. A facility for the treatment of alcohol or other substance use
disorders;
2. A facility for the care of adults during the day;
3. A residential facility for groups;
4. [An agency to provide personal care services in the home;
5.] A facility for transitional living for released offenders;
[6.] 5. A home for individual residential care;
[7.] 6. A community health worker pool; and
[8.] 7. A provider of community -based living arrangement
services.
Sec. 95. NRS 449.03013 is hereby amended to r ead as
follows:
449.03013 1. A person who is licensed pursuant to this
chapter as a facility for the dependent or medical facility , or who is
licensed pursuant to the chapter consisting of sections 2 to 90,
inclusive, of this act as an agency to provide personal care services
in the home, and who employs community health workers is not
required to obtain an additional license as a community health
worker pool.
2. As used in this section, “agency to provide personal care
services in the home” has the m eaning ascribed to it in section 3
of this act.
Sec. 96. NRS 449.0304 is hereby amended to read as follows:
449.0304 1. The Board shall adopt regulations authorizing an
employee of a residential facility for groups [, an agency to provide
personal care services in the home] or a facility for the care of adults
during the day, with the consent of the person receiving services, to:
(a) Check, record and report the temperature, blood pressure,
apical or radial pulse, respiration or oxygen saturation o f a person
receiving services from the facility or agency;
(b) Using an auto -injection device approved by the Food and
Drug Administration for use in the home, administer to a person
receiving services from the facility or agency insulin furnished by a
registered pharmacist as directed by a physician or assist such a
person with the self-administration of such insulin; and
(c) Using a device for monitoring blood glucose approved by the
Food and Drug Administration for use in the home, conduct a blood
glucose test on a person receiving services from the facility or
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agency or assist such a person to conduct a blood glucose test on
himself or herself.
2. The regulations adopted pursuant to this section:
(a) Must require the tasks described in subsection 1 to be
performed in conformance with the Clinical Laboratory
Improvement Amendments of 1988, Public Law No. 100 -578, 42
U.S.C. § 263a, if applicable, and any other applicable federal law or
regulation;
(b) Must prohibit the use of a device for monitoring blood
glucose on more than one person; and
(c) May require a person to receive training before performing
any task described in subsection 1.
Sec. 97. NRS 449.065 is hereby amended to read as follows:
449.065 1. Except as otherwise provided in subsections 6 and
7 and NRS 449.067, each facility for intermediate care, facility for
skilled nursing, residential facility for groups, home for individual
residential care [, agency to provide personal care services in the
home] and agency to provide nur sing in the home shall, when
applying for a license or renewing a license, file with the
Administrator of the Division of Public and Behavioral Health a
surety bond:
(a) If the facility, agency [, organization] or home employs less
than 7 employees, in the amount of $5,000;
(b) If the facility, agency [, organization ] or home employs at
least 7 but not more than 25 employees, in the amount of $25,000;
or
(c) If the facility, agency [, organization] or home employs more
than 25 employees, in the amount of $50,000.
2. A bond filed pursuant to this section must be executed by
the facility, agency [, organization] or home as principal and by a
surety company as surety. The bond must be payable to the Aging
and Disability Services Division of the Department of Health and
Human Services and must be conditioned to provide
indemnification to an older patient who the Attorney for the Rights
of Older Persons and Persons with a Physical Disability, an
Intellectual Disability or a Related Condition determines has
suffered property damage as a result of any act or failure to act by
the facility, agency [, organization] or home to protect the property
of the older patient.
3. Except when a surety is released, the surety bond must cover
the period of the initial license to operate or the period of the
renewal, as appropriate.
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4. A surety on any bond filed pursuant to this section may be
released after the surety gives 30 days’ written notice to the
Administrator of the Division of Public and Behavioral Health, b ut
the release does not discharge or otherwise affect any claim filed by
an older patient for property damaged as a result of any act or failure
to act by the facility, agency [, organization] or home to protect the
property of the older patient alleged to have occurred while the bond
was in effect.
5. A license is suspended by operation of law when the facility,
agency [, organization ] or home is no longer covered by a surety
bond as required by this section or by a substitute for the surety
bond pursuant to NRS 449.067. The Administrator of the Division
of Public and Behavioral Health shall give the facility, agency [,
organization] or home at least 20 days’ written notice before the
release of the surety or the substitute for the surety, to the effect t hat
the license will be suspended by operation of law until another
surety bond or substitute for the surety bond is filed in the same
manner and amount as the bond or substitute being terminated.
6. The Administrator of the Division of Public and Behavi oral
Health may exempt a residential facility for groups or a home for
individual residential care from the requirement of filing a surety
bond pursuant to this section if the Administrator determines that
the requirement would result in undue hardship to the residential
facility for groups or home for individual residential care.
7. The requirement of filing a surety bond set forth in this
section does not apply to a facility for intermediate care, facility for
skilled nursing, residential facility for g roups, home for individual
residential care [, agency to provide personal care services in the
home] or agency to provide nursing in the home that is operated and
maintained by the State of Nevada or an agency thereof.
8. As used in this section, “older patient” means a patient who
is 60 years of age or older.
Sec. 98. NRS 449.067 is hereby amended to read as follows:
449.067 1. As a substitute for the surety bond required
pursuant to NRS 449.065, a facility for intermediate care, a facility
for skil led nursing, a residential facility for groups, a home for
individual residential care [, an agency to provide personal care
services in the home] and an agency to provide nursing in the home
may deposit with any bank or trust company authorized to do
business in this State, upon approval from the Administrator of the
Division of Public and Behavioral Health:
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(a) An obligation of a bank, savings and loan association,
savings bank, thrift company or credit union licensed to do business
in this State;
(b) Bills, bonds, notes, debentures or other obligations of the
United States or any agency or instrumentality thereof, or
guaranteed by the United States; or
(c) Any obligation of this State or any city, county, town,
township, school district or other instr umentality of this State, or
guaranteed by this State, in an aggregate amount, based upon
principal amount or market value, whichever is lower.
2. The obligations of a bank, savings and loan association,
savings bank, thrift company or credit union must be held to secure
the same obligation as would the surety bond required by NRS
449.065. With the approval of the Administrator of the Division of
Public and Behavioral Health, the depositor may substitute other
suitable obligations for those deposited, whi ch must be assigned to
the Aging and Disability Services Division of the Department of
Health and Human Services and are negotiable only upon approval
by the Administrator of the Aging and Disability Services Division.
3. Any interest or dividends earned on the deposit accrue to the
account of the depositor.
4. The deposit must be an amount at least equal to the surety
bond required by NRS 449.065 and must state that the amount may
not be withdrawn except by direct and sole order of the
Administrator of the Aging and Disability Services Division.
Sec. 99. NRS 449.089 is hereby amended to read as follows:
449.089 1. Each license issued pursuant to NRS 449.029 to
449.2428, inclusive, expires on December 31 following its issuance
and is renewable for 1 year upon reapplication and payment of all
fees required pursuant to subsection 4 and NRS 449.050, as
applicable, unless the Division finds, after an investigation, that the
facility has not:
(a) Satisfactorily complied with the provisions of NRS 449.029
to 449.2428, inclusive, or the standards and regulations adopted by
the Board;
(b) Obtained the approval of the Director of the Department of
Health and Human Services before undertaking a project, if such
approval is required by NRS 439A.100 or 439A.102; or
(c) Conformed to all applicable local zoning regulations.
2. Each reapplication for [an agency to provide personal care
services in the home, ] an agency to provide nursing in the home, a
community health worker pool, a facility for intermediate car e, a
facility for skilled nursing, a provider of community -based living
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arrangement services, a hospital described in 42 U.S.C. §
1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient
services to children, a psychiatric residential treatment facility, a
residential facility for groups, a program of hospice care, a home for
individual residential care, a facility for the care of adults during the
day, a facility for hospice care, a nursing pool, the distinct part of a
hospital which meets the requirements of a skilled nursing facility or
nursing facility pursuant to 42 C.F.R. § 483.5, a hospital that
provides swing-bed services as described in 42 C.F.R. § 482.58 or,
if residential services are provided to children, a medical facility or
facility for the treatment of alcohol or other substance use disorders
must include, without limitation, a statement that the facility,
hospital, agency, program, pool or home is in compliance with the
provisions of NRS 449.115 to 449.125, inclusive, and 449.174.
3. Each reapplication for [an agency to provide personal care
services in the home,] a community health worker pool, a facility for
intermediate care, a facility for skilled nursing, a facility for the care
of adults during the day, a residential facilit y for groups or a home
for individual residential care must include, without limitation, a
statement that the holder of the license to operate, and
the administrator or other person in charge and employees of, the
facility, [agency,] pool or home are in c ompliance with the
provisions of NRS 449.093.
4. Each reapplication for a surgical center for ambulatory
patients, facility for the treatment of irreversible renal disease,
facility for hospice care, program of hospice care, hospital, facility
for intermediate care, facility for skilled nursing [, agency to provide
personal care services in the home ] or rural clinic must be
accompanied by the fee prescribed by the State Board of Health
pursuant to NRS 457.240, in addition to the fees imposed pursuant
to NRS 449.050.
Sec. 100. NRS 449.093 is hereby amended to read as follows:
449.093 1. An applicant for a license to operate a facility for
intermediate care, facility for skilled nursing, [agency to provide
personal care services in the home, ] facility for the care of adults
during the day, residential facility for groups or home for individual
residential care must receive training to recognize and prevent the
abuse of older persons before a license to operate such a facility [,
agency] or hom e is issued to the applicant. If an applicant has
completed such training within the year preceding the date of the
application for a license and the application includes evidence of
the training, the applicant shall be deemed to have complied with
the requirements of this subsection.
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2. A licensee who holds a license to operate a facility for
intermediate care, facility for skilled nursing, [agency to provide
personal care services in the home, ] facility for the care of adults
during the day, residential facility for groups or home for individual
residential care must annually receive training to recognize and
prevent the abuse of older persons before the license to operate such
a facility [, agency] or home may be renewed.
3. If an applicant or licens ee who is required by this section to
obtain training is not a natural person, the person in charge of the
facility [, agency] or home must receive the training required by this
section.
4. An administrator or other person in charge of a facility for
intermediate care, facility for skilled nursing, [agency to provide
personal care services in the home, ] facility for the care of adults
during the day, residential facility for groups or home for individual
residential care must receive training to recognize and prevent the
abuse of older persons before the facility [, agency ] or home
provides care to a person and annually thereafter.
5. An employee who will provide care to a person in a facility
for intermediate care, facility for skilled nursing, [agency to provide
personal care services in the home, ] facility for the care of adults
during the day, residential facility for groups or home for individual
residential care must receive training to recognize and prevent the
abuse of older persons before the emp loyee provides care to a
person in the facility [, agency] or home and annually thereafter.
6. The topics of instruction that must be included in the
training required by this section must include, without limitation:
(a) Recognizing the abuse of older persons, including sexual
abuse and violations of NRS 200.5091 to 200.50995, inclusive;
(b) Responding to reports of the alleged abuse of older persons,
including sexual abuse and violations of NRS 200.5091 to
200.50995, inclusive; and
(c) Instruction concerning the federal, state and local laws, and
any changes to those laws, relating to:
(1) The abuse of older persons; and
(2) Facilities for intermediate care, facilities for skilled
nursing, [agencies to provide personal care services in the home, ]
facilities for the care of adults during the day, residential facilities
for groups or homes for individual residential care, as applicable for
the person receiving the training.
7. The facility for intermediate care, facility for skilled nursing,
[agency to provide personal care services in the home, ] facility for
the care of adults during the day, residential facility for groups or
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home for individual residential care is responsible for the costs
related to the training required by this section.
8. The administrator of a facility for intermediate care, facility
for skilled nursing or residential facility for groups who is licensed
pursuant to chapter 654 of NRS shall ensure that each employee of
the facility who provides care to residents has obtained the training
required by this section. If an administrator or employee of a facility
or home does not obtain the training required by this section, the
Division shall notify the Board of Examiners for Long -Term Care
Administrators that the administrator is in violation of this section.
9. The holder of a license to operate a facility for intermediate
care, facility for skilled nursing, [agency to provide personal care
services in the home, ] facility for the care of adults during the day,
residential facility for groups or home for individual residential care
shall ensure that each person who is required to comply with the
requirements for training pursuant to this section complies with such
requirements. The Division may, for any violation of this section ,
take disciplinary action against a facility [, agency ] or home
pursuant to NRS 449.160 and 449.163.
Sec. 101. NRS 449.119 is hereby amended to read as follows:
449.119 “Facility, hospital, agency, program or home” means
[an agency to provide personal care services in the home, an
employment agency that contracts with persons to provide
nonmedical services related to personal care to elderly persons or
persons with disabilities in the home, ] an agency to provide nursing
in the home, a community health worker pool, a facility for
intermediate care, a facility for skilled nursing, a provider of
community-based living arrangement services, a hospital described
in 42 U.S.C. § 1395ww(d)(1)(B)(iv), a psychiatric hospital that
provides inpatient services to children, a psychiatric residential
treatment facility, a residential facility for groups, a program of
hospice care, a home for individual residential care, a facility for the
care of adults duri ng the day, a facility for hospice care, a nursing
pool, the distinct part of a hospital which meets the requirements of
a skilled nursing facility or nursing facility pursuant to 42 C.F.R. §
483.5, a hospital that provides swing-bed services as described in 42
C.F.R. § 482.58 or, if residential services are provided to children, a
medical facility or facility for the treatment of alcohol or other
substance use disorders.
Sec. 102. NRS 449.174 is hereby amended to read as follows:
449.174 1. In addition to the grounds listed in NRS 449.160,
the Division may deny a license to operate a facility, hospital,
agency, program or home to an applicant or may suspend or revoke
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the license of a licensee to operate such a facility, hospital, agency,
program or home if:
(a) The applicant or licensee has been convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault or battery with intent to kill or to commit sexual
assault or mayhem;
(3) Sexual assault, statutory sexual seduction, incest,
lewdness or indecent exposure, or any other sexually related crime
that is punished as a felony;
(4) Prostitution, solicitation, lewdness or indecent exposure,
or any other sexually related crime that is punished as a
misdemeanor, within the immediately preceding 7 years;
(5) A crime involving domestic violence that is punished as a
felony;
(6) A crime involving domestic violence that is punished as a
misdemeanor, within the immediately preceding 7 years;
(7) Abuse or neglect of a child or contributory delinquency;
(8) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of NRS, within the
immediately preceding 7 years;
(9) Abuse, neglect, exploitation, isolation or abandonment of
older persons or vulnerable persons, including, without limitation, a
violation of any provision of NRS 200.5091 to 200.50995,
inclusive, or a law of any other jurisdiction that prohibits the same
or similar conduct;
(10) A violation of any provision of law relating to the State
Plan for Medicaid or a law of any other jurisdiction that prohibits
the same or similar conduct, within the immediately preceding 7
years;
(11) A violation of any provision of NRS 422.450 to
422.590, inclusive;
(12) A criminal offense under the laws governing Medicaid
or Medicare, within the immediately preceding 7 years;
(13) Any offense involving fraud, theft, embezzlement,
burglary, robbery, fraudulent conversion or misa ppropriation of
property, within the immediately preceding 7 years;
(14) Any other felony involving the use or threatened use of
force or violence against the victim or the use of a firearm or other
deadly weapon; or
(15) An attempt or conspiracy to co mmit any of the offenses
listed in this paragraph, within the immediately preceding 7 years;
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(b) The licensee has, in violation of NRS 449.125, continued to
employ a person who has been convicted of a crime listed in
paragraph (a); or
(c) The applicant o r licensee has had a substantiated report of
child abuse or neglect made against him or her and if the facility,
hospital, agency, program or home provides residential services to
children, is a psychiatric hospital that provides inpatient services to
children or is a psychiatric residential treatment facility.
2. In addition to the grounds listed in NRS 449.160, the
Division may suspend or revoke the license of a licensee to operate
an agency to provide personal care services in the home [, an agency
to provide nursing in the home ] or a community health worker pool
if the licensee has, in violation of NRS 449.125, continued to
employ a person who has been convicted of a crime listed in
paragraph (a) of subsection 1.
3. As used in this section:
(a) “Domestic violence” means an act described in NRS 33.018.
(b) “Facility, hospital, agency, program or home” has the
meaning ascribed to it in NRS 449.119.
(c) “Medicaid” has the meaning ascribed to it in NRS 439B.120.
(d) “Medicare” has the meaning ascribed to it in NRS 439B.130.
Sec. 103. NRS 449.1824 is hereby amended to read as
follows:
449.1824 1. If a patient will be released from a hospital to his
or her residence or a rehabilitation center and a dietitian is assigned
to a team of persons for med by the hospital to care for the patient
while the patient rehabilitates, the hospital shall ensure that the
patient or the person with primary responsibility for the care of the
patient meets or knows how to contact the dietitian.
2. If a patient is released by a hospital to his or her residence to
receive care from an [agency to provide personal care services in the
home or any other ] entity licensed pursuant to this chapter that
provides care to the patient in his or her residence, the [agency to
provide personal care services in the home or other ] entity shall
consult with a dietitian, as appropriate, to ensure that the patient or
the person with primary responsibility for the care of the patient
understands the dietary needs of the patient.
Sec. 104. NRS 449.194 is hereby amended to read as follows:
449.194 Any person who is employed by [an agency to provide
personal care services in the home or ] a community health worker
pool who:
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1. Has successfully completed a course in cardiopulmonary
resuscitation according to the guidelines of the American National
Red Cross or American Heart Association;
2. Has successfully completed the training requirements of a
course in basic emergency care of a person in cardiac arrest
conducted in accordance with the standards of the American Heart
Association; or
3. Has successfully completed the training requirements of a
course in the use and administration of first aid, including
cardiopulmonary resuscitation,
and who in good faith renders emergency ca re or assistance in
accordance with the person’s training, in the course of his or her
regular employment or profession, to an elderly person or a person
with a disability, is not liable for any civil damages as a result of any
act or omission, not amounti ng to gross negligence, by that person
in rendering that care.
Sec. 105. NRS 449A.031 is hereby amended to read as
follows:
449A.031 “Facility for the dependent” has the meaning
ascribed to it in NRS 449.0045 and additionally includes an agency
to provide personal care services in the home, as defined in section
3 of this act.
Sec. 106. NRS 457.240 is hereby amended to read as follows:
457.240 1. The State Board of Health shall by regulation:
(a) Prescribe the form and manner in which the information on
cases of cancer and other neoplasms must be reported;
(b) Specify the neoplasms which must be reported;
(c) Prescribe other information to be included in each such
report, for example, the patient’s name and address, the pathological
findings, the stage of the disease, the environmental and
occupational factors, the methods of treatment, the incidence of
cancer or other neoplasms in the patient’s family, and the places
where the patient has resided;
(d) Establish a protocol for obtaining a ccess to and preserving
the confidentiality of the patients’ records needed for research into
cancer and other neoplasms; and
(e) Prescribe a fee to be imposed on an applicant for:
(1) The issuance or renewal of a certificate of authorization
for a rad iation machine for mammography pursuant to
NRS 457.184;
(2) The issuance or renewal of registration of a radiation
machine pursuant to the regulations adopted by the State Board of
Health pursuant to NRS 459.201;
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(3) The renewal of a license to oper ate a surgical center for
ambulatory patients, facility for the treatment of irreversible renal
disease, facility for hospice care, program of hospice care, hospital,
facility for intermediate care, facility for skilled nursing [, agency to
provide personal care services in the home ] or rural clinic pursuant
to NRS 449.089; [or]
(4) The renewal of a license to operate an agency to provide
personal care services in the home pursuant to section 28 of this
act; or
(5) The renewal of a license to operate a medical laboratory,
other than a laboratory in which the only test performed is a test for
the detection of the human immunodeficiency virus that is classified
as a waived test pursuant to Subpart A of Part 493 of Titl e 42 of the
Code of Federal Regulations, pursuant to NRS 652.080.
2. The amount of any fee prescribed pursuant to paragraph (e)
of subsection 1 must not exceed 8 percent of the fee for the issuance
or renewal of the applicable license, certificate or re gistration. For
the purposes of this subsection, the fee for the renewal of a license
to operate a facility described in subparagraph (3) of paragraph (e)
of subsection 1 does not include any fee that is imposed per bed in
the facility.
3. The fees collected pursuant to paragraph (e) of subsection 1
must be accounted for separately and used by the Division to
support the system for the reporting of information on cancer and
other neoplasms established pursuant to NRS 457.230.
Sec. 107. NRS 21.130 is hereby amended to read as follows:
21.130 1. Before the sale of property on execution, notice of
the sale, in addition to the notice required pursuant to NRS 21.075
and 21.076, must be given as follows:
(a) In cases of perishable property, by posting wri tten notice of
the time and place of sale in three public places at the township or
city where the sale is to take place, for such a time as may be
reasonable, considering the character and condition of the property.
(b) In case of other personal property , by posting a similar
notice in three public places of the township or city where the sale is
to take place, not less than 5 or more than 10 days before the sale,
and, in case of sale on execution issuing out of a district court, by
the publication of a copy of the notice in a newspaper, if there is one
in the county, at least twice, the first publication being not less than
10 days before the date of the sale.
(c) In case of real property, by:
(1) Personal service upon each judgment debtor or by
registered mail to the last known address of each judgment debtor
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and, if the property of the judgment debtor is operated as a facility
licensed under chapter 449 of NRS [,] or an entity licensed or
certified under the chapter consisting of sections 2 to 90, inclusive,
of this act, upon the State Board of Health;
(2) Posting a similar notice particularly describing the
property, for 20 days successively, in three public places of
the township or city where the property is situated and where the
property is to be sold;
(3) Publishing a copy of the notice three times, once each
week, for 3 successive weeks, in a newspaper, if there is one in the
county. The cost of publication must not exceed the rate for legal
advertising as provided in NRS 238.070. If the newspaper
authorized by this section to publish the notice of sale neglects or
refuses from any cause to make the publication, then the posting of
notices as provided in this section shall be deemed sufficient notice.
Notice of the sale of property on exec ution upon a judgment for any
sum less than $500, exclusive of costs, must be given only by
posting in three public places in the county, one of which must be
the courthouse;
(4) Recording a copy of the notice in the office of the county
recorder;
(5) If the sale of property is a residential foreclosure, posting
a copy of the notice in a conspicuous place on the property. In
addition to the requirements of NRS 21.140, the notice must not be
defaced or removed until the transfer of title is recorded or the
property becomes occupied after completion of the sale, whichever
is earlier; and
(6) In the case of a foreclosure sale, depositing in the United
States mail an envelope, registered or certified, return receipt
requested and with postage prepaid, containing a copy of the notice,
addressed to:
(I) Each person who, in accordance with subsection 1 of
NRS 107.090, has recorded a request for a copy of a notice of
default or notice of sale with respect to the mortgage or other lien
being foreclosed;
(II) Each other person with an interest in the real property
whose interest or claimed interest is subordinate to the mortgage or
other lien being foreclosed; and
(III) An association that, pursuant to subsection 4 of NRS
107.090, has recorded a reque st for a copy of the deed upon a
foreclosure sale.
2. If the sale of property is a residential foreclosure, the notice
must include, without limitation:
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(a) The physical address of the property; and
(b) The contact information of the party who is autho rized to
provide information relating to the foreclosure status of the
property.
3. If the sale of property is a residential foreclosure, a separate
notice must be posted in a conspicuous place on the property and
mailed, with a certificate of mailing is sued by the United States
Postal Service or another mail delivery service, to any tenant or
subtenant, if any, other than the judgment debtor, in actual
occupation of the premises not later than 3 business days after the
notice of the sale is given pursuan t to subsection 1. The separate
notice must be in substantially the following form:
NOTICE TO TENANTS OF THE PROPERTY
Foreclosure proceedings against this property have started,
and a notice of sale of the property to the highest bidder has
been issued.
You may either: (1) terminate your lease or rental agreement
and move out; or (2) remain and possibly be subject to
eviction proceedings under chapter 40 of the Nevada Revised
Statutes. Any subtenants may also be subject to eviction
proceedings.
Between now and the date of the sale, you may be evicted if
you fail to pay rent or live up to your other obligations to the
landlord.
After the date of the sale, you may be evicted if you fail to
pay rent or live up to your other obligations to the successful
bidder, in accordance with chapter 118A of the Nevada
Revised Statutes.
Under the Nevada Revised Statutes, eviction proceedings
may begin against you after you have been given a notice to
surrender.
If the property is sold and you pay rent by the week or
another period of time that is shorter than 1 month, you
should generally receive notice after not less than the number
of days in that period of time.
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If the property is sold and you pay rent by the month or any
other period of time that is 1 month or lon ger, you should
generally receive notice at least 60 days in advance.
Under Nevada Revised Statutes 40.280, notice must generally
be served on you pursuant to chapter 40 of the Nevada
Revised Statutes.
If the property is sold and a landlord, successful bidder or
subsequent purchaser files an eviction action against you in
court, you will be served with a summons and complaint and
have the opportunity to respond. Eviction actions may result
in temporary evictions, permanent evictions, the awarding of
damages pursuant to Nevada Revised Statutes 40.360 or some
combination of those results.
Under the Justice Court Rules of Civil Procedure:
(1) You will be given at least 10 days to answer a
summons and complaint;
(2) If you do not file an answer, an order e victing you by
default may be obtained against you;
(3) A hearing regarding a temporary eviction may be
called as soon as 11 days after you are served with the
summons and complaint; and
(4) A hearing regarding a permanent eviction may be
called as soon as 20 days after you are served with the
summons and complaint.
4. The sheriff shall not conduct a sale of the property on
execution or deliver the judgment debtor’s property to the judgment
creditor if the judgment debtor or any other person entitled t o notice
has not been properly notified as required in this section and NRS
21.075 and 21.076.
5. As used in this section:
(a) “Foreclosure sale” means the sale of real property pursuant
to NRS 40.430.
(b) “Residential foreclosure” means the sale of a single family
residence pursuant to NRS 40.430. As used in this subsection,
“single family residence” means a structure that is comprised of not
more than four units.
Sec. 108. NRS 107.080 is hereby amended to read as follows:
107.080 1. Except as oth erwise provided in NRS 106.210,
107.0805, 107.085 and 107.086, if any transfer in trust of any estate
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in real property is made after March 29, 1927, to secure the
performance of an obligation or the payment of any debt, a power of
sale is hereby conferred upon the trustee to be exercised after a
breach of the obligation for which the transfer is security.
2. The power of sale must not be exercised, however, until:
(a) In the case of any deed of trust coming into force:
(1) On or after July 1, 1949, and before July 1, 1957, the
grantor, the person who holds the title of record, a beneficiary under
a subordinate deed of trust or any other person who has a
subordinate lien or encumbrance of record on the property has, for a
period of 15 days, computed as p rescribed in subsection 3, failed to
make good the deficiency in performance or payment; or
(2) On or after July 1, 1957, the grantor, the person who
holds the title of record, a beneficiary under a subordinate deed of
trust or any other person who has a subordinate lien or encumbrance
of record on the property has, for a period of 35 days, computed as
prescribed in subsection 3, failed to make good the deficiency in
performance or payment.
(b) The beneficiary, the successor in interest of the beneficiar y
or the trustee first executes and causes to be recorded in the office of
the recorder of each county wherein the trust property, or any part
thereof, is situated a notice of the breach and of the election to sell
or cause to be sold the property to satisfy the obligation.
(c) The beneficiary or its successor in interest or the servicer of
the obligation or debt secured by the deed of trust has instructed the
trustee to exercise the power of sale with respect to the property.
(d) Not less than 3 months have elapsed after the recording of
the notice.
3. The 15 - or 35 -day period provided in paragraph (a) of
subsection 2 commences on the first day following the day upon
which the notice of default and election to sell is recorded in the
office of the county recorder of each county in which the property is
located and a copy of the notice of default and election to sell is
mailed by registered or certified mail, return receipt requested and
with postage prepaid to the grantor or, to the person who holds the
title of record on the date the notice of default and election to sell is
recorded, and, if the property is operated as a facility licensed under
chapter 449 of NRS [,] or an entity licensed or certified under the
chapter consisting of sections 2 to 90, inclusive, of this act, to the
State Board of Health, at their respective addresses, if known,
otherwise to the address of the trust property or, if authorized by the
parties, delivered by electronic transmission. The notice of default
and election to se ll must describe the deficiency in performance or
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payment and may contain a notice of intent to declare the entire
unpaid balance due if acceleration is permitted by the obligation
secured by the deed of trust, but acceleration must not occur if the
deficiency in performance or payment is made good and any costs,
fees and expenses incident to the preparation or recordation of the
notice and incident to the making good of the deficiency in
performance or payment are paid within the time specified in
subsection 2.
4. The trustee, or other person authorized to make the sale
under the terms of the deed of trust, shall, after expiration of the
applicable period specified in paragraph (d) of subsection 2
following the recording of the notice of breach and elect ion to sell,
and before the making of the sale, give notice of the time and place
thereof by recording the notice of sale and by:
(a) Providing the notice to each trustor, any other person entitled
to notice pursuant to this section and, if the property is operated as a
facility licensed under chapter 449 of NRS [,] or an entity licensed
or certified under the chapter consisting of sections 2 to 90,
inclusive, of this act, the State Board of Health, by personal service,
by electronic transmission if authorized by the parties or by mailing
the notice by registered or certified mail to the last known address of
the trustor and any other person entitled to such notice pursuant to
this section;
(b) Posting a similar notice particularly describing the property ,
for 20 days successively, in a public place in each county where the
property is situated; and
(c) Publishing a copy of the notice three times, once each week
for 3 consecutive weeks, in a newspaper of general circulation in
each county where the proper ty is situated or, if the property is a
time share, by posting a copy of the notice on an Internet website
and publishing a statement in a newspaper in the manner required by
subsection 3 of NRS 119A.560.
5. Every sale made under the provisions of this section and
other sections of this chapter vests in the purchaser the title of the
grantor and any successors in interest without equity or right of
redemption. Except as otherwise provided in subsection 7, a sale
made pursuant to this section must be decl ared void by any court of
competent jurisdiction in the county where the sale took place if:
(a) The trustee or other person authorized to make the sale does
not substantially comply with the provisions of this section;
(b) Except as otherwise provided i n subsection 6, an action is
commenced in the county where the sale took place within 30 days
after the date on which the trustee’s deed upon sale is recorded
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pursuant to subsection 10 in the office of the county recorder of
each county in which the property is located; and
(c) A notice of lis pendens providing notice of the pendency of
the action is recorded in the office of the county recorder of each
county where the sale took place within 5 days after commencement
of the action.
6. If proper notice i s not provided pursuant to subsection 3 or
paragraph (a) of subsection 4 to the grantor, to the person who holds
the title of record on the date the notice of default and election to
sell is recorded, to each trustor or to any other person entitled to
such notice, the person who did not receive such proper notice may
commence an action pursuant to subsection 5 within 90 days after
the date of the sale.
7. Upon expiration of the time for commencing an action
which is set forth in subsections 5 and 6, any failure to comply with
the provisions of this section or any other provision of this chapter
does not affect the rights of a bona fide purchaser as described in
NRS 111.180.
8. If, in an action brought by the grantor or the person who
holds title of reco rd in the district court in and for any county in
which the real property is located, the court finds that the
beneficiary, the successor in interest of the beneficiary or the trustee
did not comply with any requirement of subsection 2, 3 or 4, the
court m ust award to the grantor or the person who holds title of
record:
(a) Damages of $5,000 or treble the amount of actual damages,
whichever is greater;
(b) An injunction enjoining the exercise of the power of sale
until the beneficiary, the successor in in terest of the beneficiary or
the trustee complies with the requirements of subsections 2, 3 and 4;
and
(c) Reasonable attorney’s fees and costs,
unless the court finds good cause for a different award. The
remedy provided in this subsection is in additi on to the remedy
provided in subsection 5.
9. The sale or assignment of a proprietary lease in a
cooperative vests in the purchaser or assignee title to the ownership
interest and votes in the cooperative association which accompany
the proprietary lease.
10. After a sale of property is conducted pursuant to this
section, the trustee shall:
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(a) Within 30 days after the date of the sale, record the trustee’s
deed upon sale in the office of the county recorder of each county in
which the property is located; or
(b) Within 20 days after the date of the sale, deliver the trustee’s
deed upon sale to the successful bidder. Within 10 days after the
date of delivery of the deed by the trustee, the successful bidder
shall record the trustee’s deed upon sale in the office of the county
recorder of each county in which the property is located.
11. Within 5 days after recording the trustee’s deed upon sale,
the trustee or successful bidder, whoever recorded the trustee’s deed
upon sale pursuant to subsection 10, shall cause a copy of the
trustee’s deed upon sale to be posted conspicuously on the property.
The failure of a trustee or successful bidder to effect the posting
required by this subsection does not affect the validity of a sale of
the property to a bona fide purchaser for value without knowledge
of the failure.
12. If the successful bidder fails to record the trustee’s deed
upon sale pursuant to paragraph (b) of subsection 10, the successful
bidder:
(a) Is liable in a civil action to any party that is a senior
lienholder against the property that is the subject of the sale in a sum
of up to $500 and for reasonable attorney’s fees and the costs of
bringing the action; and
(b) Is liable in a civil action for any actual damages caused by
the failure to co mply with the provisions of subsection 10 and for
reasonable attorney’s fees and the costs of bringing the action.
13. The county recorder shall, in addition to any other fee, at
the time of recording a notice of default and election to sell collect:
(a) A fee of $150 for deposit in the State General Fund.
(b) A fee of $95 for deposit in the Account for Foreclosure
Mediation Assistance, which is hereby created in the State General
Fund. The Account must be administered by the Interim Finance
Committee and the money in the Account may be expended only for
the purpose of:
(1) Supporting a program of foreclosure mediation; and
(2) The development and maintenance of an Internet portal
for a program of foreclosure mediation pursuant to subsection 16 of
NRS 107.086.
(c) A fee of $5 to be paid over to the county treasurer on or
before the fifth day of each month for the preceding calendar month.
The county recorder may direct that 1.5 percent of the fees collected
by the county recorder pursuant to this p aragraph be transferred into
a special account for use by the office of the county recorder. The
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county treasurer shall remit quarterly to the organization operating
the program for legal services that receives the fees charged
pursuant to NRS 19.031 for t he operation of programs for the
indigent all the money received from the county recorder pursuant
to this paragraph.
14. The fees collected pursuant to paragraphs (a) and (b) of
subsection 13 must be paid over to the county treasurer by the
county recor der on or before the fifth day of each month for the
preceding calendar month, and, except as otherwise provided in this
subsection, must be placed to the credit of the State General Fund or
the Account for Foreclosure Mediation Assistance as prescribed
pursuant to subsection 13. The county recorder may direct that
1.5 percent of the fees collected by the county recorder be
transferred into a special account for use by the office of the county
recorder. The county treasurer shall, on or before the 15th day of
each month, remit the fees deposited by the county recorder
pursuant to this subsection to the State Controller for credit to the
State General Fund or the Account as prescribed in subsection 13.
15. The beneficiary, the successor in interest of the beneficiary
or the trustee who causes to be recorded the notice of default and
election to sell shall not charge the grantor or the successor in
interest of the grantor any portion of any fee required to be paid
pursuant to subsection 13.
Sec. 109. NRS 1 18A.335 is hereby amended to read as
follows:
118A.335 1. Except as otherwise provided in subsection 6, a
landlord of dwelling units intended and operated exclusively for
persons 55 years of age and older may not employ any person who
will work 36 hours or more per week and who will have access to
all dwelling units to perform work on the premises unless the person
has obtained a work card issued pursuant to subsection 2 by the
sheriff of the county in which the dwelling units are located and
renewed that work card as necessary.
2. The sheriff of a county shall issue a work card to each
person who is required by this section to obtain a work card and
who complies with the requirements established by the sheriff for
the issuance of such a card. A work ca rd issued pursuant to this
section must be renewed:
(a) Every 5 years; and
(b) Whenever the person changes his or her employment to
perform work for an employer other than the employer for which the
person’s current work card was issued.
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3. Except as o therwise provided in subsection 4, if the sheriff
of a county requires an applicant for a work card to be investigated:
(a) The applicant must submit with his or her application a
complete set of his or her fingerprints and written permission
authorizing the sheriff to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation for its report.
(b) The sheriff shall submit the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission
to the Federal Bureau of Investigation to determine the criminal
history of the applicant.
(c) The sheriff may issue a temporary work card pending the
determination of the criminal history of the applicant by the Federal
Bureau of Investigation.
4. The sheriff of a county shall not require an investigation of
the criminal history of an employee or independent contractor of an
agency , [or] facility or organization governed by NRS 449.122 to
449.125, inclusive, and 449.174 , sections 36 to 40, inclusive, and
section 49 of this act, or sections 80 to 85, inclusive, of this act, as
applicable, who has had his or her fingerprints submitted to the
Central Repository for Nevada Records of Criminal History
pursuant to NRS 449.123 or section 37 or 81 of this act, as
applicable, for an investigation of his or her criminal history within
the immediately preceding 6 months.
5. The sheriff shall not issue a work card to any person who:
(a) Has been convicted of a category A, B or C felony or of a
crime in another state which would be a category A, B or C felony if
committed in this State;
(b) Has been convicted of a sexual offense;
(c) Has been convicted of a crime against a ny person who is 60
years of age or older or against a vulnerable person for which an
additional term of imprisonment may be imposed pursuant to NRS
193.167 or the laws of any other jurisdiction;
(d) Has been convicted of a battery punishable as a gross
misdemeanor; or
(e) Within the immediately preceding 5 years:
(1) Has been convicted of a theft; or
(2) Has been convicted of a violation of any state or federal
law regulating the possession, distribution or use of a controlled
substance.
6. The following persons are not required to obtain a work card
pursuant to this section:
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(a) A person who holds a permit to engage in property
management pursuant to chapter 645 of NRS.
(b) An independent contractor. As used in this paragraph,
“independent contractor” means a person who performs services for
a fixed price according to the person’s own methods and without
subjection to the supervision or control of the landlord, except as to
the results of the work, and not as to the means by which the
services are accomplished.
(c) An offender in the course and scope of his or her
employment in a work program directed by the warden, sheriff,
administrator or other person responsible for administering a prison,
jail or other detention facility.
(d) A person performing work through a court -assigned
restitution or community-service program.
7. If the sheriff does not issue a work card to a person because
the information received from the Central Repository for Nevada
Records of Criminal History indicates that the person has been
convicted of a crime listed in subsection 5 and the person believes
that the information provided by the Central Repository is incorrect,
the person may immediately inform the sheriff. If the sheriff is so
informed, the sheriff shall g ive the person at least 30 days in which
to correct the information before terminating the temporary work
card issued pursuant to subsection 3.
8. As used in this section, unless the context otherwise
requires:
(a) “Sexual offense” has the meaning ascri bed to it in
NRS 179D.097.
(b) “Vulnerable person” has the meaning ascribed to it in
NRS 200.5092.
Sec. 110. NRS 162A.740 is hereby amended to read as
follows:
162A.740 “Health care facility” includes:
1. Any medical facility as defined in NRS 449.0151; [and]
2. Any facility for the dependent as defined in NRS 449.0045
[.] ; and
3. Any agency to provide personal care services in the home
as defined in section 3 of this act.
Sec. 111. NRS 179A.075 is hereby amended to read as
follows:
179A.075 1. The Central Repository for Nevada Records of
Criminal History is hereby created within the Records,
Communications and Compliance Division of the Department.
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2. Each agency of criminal justice and any oth er agency
dealing with crime shall:
(a) Collect and maintain records, reports and compilations of
statistical data required by the Department; and
(b) Submit the information collected to the Central Repository:
(1) In the manner approved by the Directo r of the
Department; and
(2) In accordance with the policies, procedures and
definitions of the Uniform Crime Reporting Program of the Federal
Bureau of Investigation.
3. Each agency of criminal justice shall submit the information
relating to records of criminal history that it creates, issues or
collects, and any information in its possession relating to the DNA
profile of a person from whom a biological specimen is obtained
pursuant to NRS 176.09123 or 176.0913, to the Division. The
information must be submitted to the Division:
(a) Through an electronic network;
(b) On a medium of magnetic storage; or
(c) In the manner prescribed by the Director of the Department,
within 60 days after the date of the disposition of the case. If an
agency has submitted a record regarding the arrest of a person who
is later determined by the agency not to be the person who
committed the particular crime, the agency shall, immediately upon
making that determination, so notify the Division. The Division
shall delete all references in the Central Repository relating to that
particular arrest.
4. Each state and local law enforcement agency shall submit
Uniform Crime Reports to the Central Repository:
(a) In the manner prescribed by the Director of the Department;
(b) In accordance with the policies, procedures and definitions
of the Uniform Crime Reporting Program of the Federal Bureau of
Investigation; and
(c) Within the time prescri bed by the Director of the
Department.
5. The Division shall, in the manner prescribed by the Director
of the Department:
(a) Collect, maintain and arrange all information submitted to it
relating to:
(1) Records of criminal history; and
(2) The DNA profile of a person from whom a biological
specimen is obtained pursuant to NRS 176.09123 or 176.0913.
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(b) When practicable, use a record of the personal identifying
information of a subject as the basis for any records maintained
regarding him or her.
(c) Upon request, provide, in paper or electronic form, the
information that is contained in the Central Repository to the
Committee on Domestic Violence appointed pursuant to NRS
228.470 when, pursuant to NRS 228.495, the Committee is
reviewing the death of the victim of a crime that constitutes
domestic violence pursuant to NRS 33.018.
6. The Division may:
(a) Disseminate any information which is contained in the
Central Repository to any other agency of criminal justice;
(b) Enter into cooperative agreements with repositories of the
United States and other states to facilitate exchanges of information
that may be disseminated pursuant to paragraph (a); and
(c) Request of and receive from the Federal Bureau of
Investigation information on the background and personal history of
any person whose record of fingerprints or other biometric identifier
the Central Repository submits to the Federal Bureau of
Investigation and:
(1) Who has applied to any agency of the State of Nevada or
any political subdivision thereof for a license which it has the power
to grant or deny;
(2) With whom any agency of the State of Nevada or any
political subdivision thereof intends to enter into a relationship of
employment or a contract for personal services;
(3) Who has applied to any agency of the State of Nevada or
any political subdivision thereof to attend an academy for training
peace officers approved by the Peace Officers’ Standards and
Training Commission;
(4) For whom such information is required or authori zed to
be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031,
432A.170, 432B.198, 433B.183 [,] and 449.123 and [449.4329;]
sections 37 and 81 of this act; or
(5) About whom any agency of the State of Nevada or any
political subdivision thereof i s authorized by law to have accurate
personal information for the protection of the agency or the persons
within its jurisdiction.
7. To request and receive information from the Federal Bureau
of Investigation concerning a person pursuant to subsection 6 , the
Central Repository must receive:
(a) The person’s complete set of fingerprints for the purposes of:
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(1) Booking the person into a city or county jail or detention
facility;
(2) Employment;
(3) Contractual services; or
(4) Services related to occupational licensing;
(b) One or more of the person’s fingerprints for the purposes of
mobile identification by an agency of criminal justice; or
(c) Any other biometric identifier of the person as it may require
for the purposes of:
(1) Arrest; or
(2) Criminal investigation,
from the agency of criminal justice or agency of the State of
Nevada or any political subdivision thereof and submit the received
data to the Federal Bureau of Investigation for its report.
8. The Central Repository shall:
(a) Collect and maintain records, reports and compilations of
statistical data submitted by any agency pursuant to subsection 2.
(b) Tabulate and analyze all records, reports and compilations of
statistical data received pursuant to this section.
(c) Disseminate to federal agencies engaged in the collection of
statistical data relating to crime information which is contained in
the Central Repository.
(d) Investigate the criminal history of any person who:
(1) Has applied to the Superintendent of Pu blic Instruction
for the issuance or renewal of a license;
(2) Has applied to a county school district, charter school or
private school for employment or to serve as a volunteer; or
(3) Is employed by or volunteers for a county school district,
charter school or private school,
and immediately notify the superintendent of each county school
district, the governing body of each charter school and the
Superintendent of Public Instruction, or the administrator of each
private school, as appropriate, if the investigation of the Central
Repository indicates that the person has been convicted of a
violation of NRS 200.508, 201.230, 453.3385, 453.3387 or 453.339,
or convicted of a felony or any offense involving moral turpitude.
(e) Upon discovery, immediat ely notify the superintendent of
each county school district, the governing body of each charter
school or the administrator of each private school, as appropriate, by
providing the superintendent, governing body or administrator with
a list of all persons:
(1) Investigated pursuant to paragraph (d); or
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(2) Employed by or volunteering for a county school district,
charter school or private school whose fingerprints were sent
previously to the Central Repository for investigation,
who the Central Repository’s records indicate have been
convicted of a violation of NRS 200.508, 201.230, 453.3385,
453.3387 or 453.339, or convicted of a felony or any offense
involving moral turpitude since the Central Repository’s initial
investigation. The superintendent of each county school district, the
governing body of a charter school or the administrator of each
private school, as applicable, shall determine whether further
investigation or action by the district, charter school or private
school, as applicable, is appropriate.
(f) Investigate the criminal history of each person who submits
one or more fingerprints or other biometric identifier or has such
data submitted pursuant to NRS 62B.270, 62G.223, 62G.353,
424.031, 432A.170, 432B.198, 433B.183, 449.122 [,] or 449.123 or
[449.4329.] section 36, 37, 80 or 81 of this act.
(g) Provide an electronic means to access on the Central
Repository’s Internet website statistical data relating to crime.
(h) Provide an electronic means to access on the Central
Repository’s Internet website statistical data about domestic
violence in this State.
(i) Identify and review the collection and processing of
statistical data relating to criminal justice by any agency identified
in subsection 2 and make recomme ndations for any necessary
changes in the manner of collecting and processing statistical data
by any such agency.
(j) Adopt regulations governing biometric identifiers and the
information and data derived from biometric identifiers, including,
without limitation:
(1) Their collection, use, safeguarding, handling, retention,
storage, dissemination and destruction; and
(2) The methods by which a person may request the removal
of his or her biometric identifiers from the Central Repository and
any othe r agency where his or her biometric identifiers have been
stored.
9. The Central Repository may:
(a) In the manner prescribed by the Director of the Department,
disseminate compilations of statistical data and publish statistical
reports relating to crime.
(b) Charge a reasonable fee for any publication or special report
it distributes relating to data collected pursuant to this section. The
Central Repository may not collect such a fee from an agency of
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criminal justice or any other agency dealing with crime which is
required to submit information pursuant to subsection 2. All money
collected pursuant to this paragraph must be used to pay for the cost
of operating the Central Repository or for any other purpose
authorized by the Legislature, and any bal ance of the money
remaining at the end of a fiscal year reverts to the State General
Fund.
(c) In the manner prescribed by the Director of the Department,
use electronic means to receive and disseminate information
contained in the Central Repository that it is authorized to
disseminate pursuant to the provisions of this chapter.
10. As used in this section:
(a) “Mobile identification” means the collection, storage,
transmission, reception, search, access or processing of a biometric
identifier using a handheld device.
(b) “Personal identifying information” means any information
designed, commonly used or capable of being used, alone or in
conjunction with any other information, to identify a person,
including, without limitation:
(1) The name, driver ’s license number, social security
number, date of birth and photograph or computer -generated image
of a person; and
(2) A biometric identifier of a person.
(c) “Private school” has the meaning ascribed to it in
NRS 394.103.
Sec. 112. NRS 200.471 is hereby amended to read as follows:
200.471 1. As used in this section:
(a) “Assault” means:
(1) Unlawfully attempting to use physical force against
another person; or
(2) Intentionally placing another person in reasonable
apprehension of immediate bodily harm.
(b) “Fire-fighting agency” has the meaning ascribed to it in
NRS 239B.020.
(c) “Health care facility” means a facility licensed pursuant to
chapter 449 of NRS, an entity licensed or certified pursuant to the
chapter consisting of sections 2 to 90, inclusive, of this act, an
office of a person listed in NRS 629.031, a clinic or any other
location, other than a residence, where health care is provided.
(d) “Officer” means:
(1) A person who possesses some or all of the powers of a
peace officer;
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(2) A person employed in a full -time salaried occupation of
fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard or other correctional officer of a city or
county jail;
(5) A prosecuting attorney of an agency or political
subdivision of the United States or of this State;
(6) A justice of the Supreme Court, judge of the Court of
Appeals, district judge, justice of the peace, municipal judge,
magistrate, court commissioner, master or referee, including a
person acting pro tempore in a capacity listed in this subparagraph;
(7) An employee of this State or a political subdivision of
this State whose official duties require the employee to make home
visits;
(8) A civilian employee or a volunteer of a law enforcement
agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to law enforcement; and
(III) Wear identification, clothing or a uniform that
identifies the employee or volunteer as working or volunteering for
the law enforcement agency;
(9) A civilian employee or a volunteer of a fire -fighting
agency whose official duties require the employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to fire fighting or fire
prevention; and
(III) Wear identification, clothing or a uniform that
identifies the employee or volunteer as working or volunteering for
the fire-fighting agency; or
(10) A civilian employee or vo lunteer of this State or a
political subdivision of this State whose official duties require the
employee or volunteer to:
(I) Interact with the public;
(II) Perform tasks related to code enforcement; and
(III) Wear identification, clothing or a u niform that
identifies the employee or volunteer as working or volunteering for
this State or a political subdivision of this State.
(e) “Provider of health care” means:
(1) A physician, a medical student, a perfusionist, an
anesthesiologist assistant or a physician assistant licensed pursuant
to chapter 630 of NRS, a practitioner of respiratory care, a
homeopathic physician, an advanced practitioner of homeopathy, a
homeopathic assistant, an osteopathic physician, a physician
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assistant or anesthesiologist assistant licensed pursuant to chapter
633 of NRS, a podiatric physician, a podiatry hygienist, a physical
therapist, a medical laboratory technician, an optometrist, a
chiropractic physician, a chiropractic assistant, a naprapath, a doctor
of Oriental medicine, a nurse, a student nurse, a certified nursing
assistant, a nursing assistant trainee, a medication aide - certified, a
person who provides health care services in the home for
compensation, a dentist, a dental student, a dental hygienist, a dental
hygienist student, an expanded function dental assistant, an
expanded function dental assistant student, a pharmacist, a
pharmacy student, an intern pharmacist, an attendant o n an
ambulance or air ambulance, a psychologist, a social worker, a
marriage and family therapist, a marriage and family therapist
intern, a clinical professional counselor, a clinical professional
counselor intern, a behavior analyst, an assistant behavio r analyst, a
registered behavior technician, a mental health technician, a licensed
dietitian, the holder of a license or a limited license issued under the
provisions of chapter 653 of NRS, a public safety officer at a health
care facility, an emergency m edical technician, an advanced
emergency medical technician, a paramedic or a participant in a
program of training to provide emergency medical services; or
(2) An employee of or volunteer for a health care facility
who:
(I) Interacts with the public;
(II) Performs tasks related to providing health care; and
(III) Wears identification, clothing or a uniform that
identifies the person as an employee or volunteer of the health care
facility.
(f) “School employee” means a licensed or unlicensed person
employed by a board of trustees of a school district pursuant to NRS
391.100 or 391.281.
(g) “Sporting event” has the meaning ascribed to it in
NRS 41.630.
(h) “Sports official” has the meaning ascribed to it in
NRS 41.630.
(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816.
(j) “Taxicab driver” means a person who operates a taxicab.
(k) “Transit operator” means a person who operates a bus or
other vehicle as part of a public mass transportation system.
(l) “Utility worker” means an employee of a public utility as
defined in NRS 704.020 whose official duties require the employee
to:
(1) Interact with the public;
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(2) Perform tasks related to the operation of the public
utility; and
(3) Wear identification, clothing or a uniform that identifies
the employee as working for the public utility.
2. A person convicted of an assault shall be punished:
(a) If paragraph (c) or (d) does not apply to the circumstances of
the crime and the assault is not made with the use of a deadly
weapon or the present ability to use a deadly weapon, for a
misdemeanor.
(b) If the assault is made with the use of a deadly weapon or the
present ability to use a deadly weapon, for a category B felony by
imprisonment in the state prison for a minimum term o f not less
than 1 year and a maximum term of not more than 6 years, or by a
fine of not more than $5,000, or by both fine and imprisonment.
(c) If paragraph (d) does not apply to the circumstances of the
crime and if the assault:
(1) Is committed upon:
(I) An officer, a school employee, a taxicab driver, a
transit operator or a utility worker who is performing his or her
duty;
(II) A provider of health care while the provider of health
care is performing his or her duty or is on the premises where he or
she performs that duty; or
(III) A sports official based on the performance of his or
her duties at a sporting event; and
(2) The person charged knew or should have known that the
victim was an officer, a provider of health care, a school empl oyee,
a taxicab driver, a transit operator, a utility worker or a sports
official,
for a gross misdemeanor, unless the assault is made with the use
of a deadly weapon or the present ability to use a deadly weapon,
then for a category B felony by imprisonment in the state prison for
a minimum term of not less than 1 year and a maximum te rm of not
more than 6 years, or by a fine of not more than $5,000, or by both
fine and imprisonment.
(d) If the assault:
(1) Is committed by a probationer, a prisoner who is in
lawful custody or confinement or a parolee upon:
(I) An officer, a school employee, a taxicab driver, a
transit operator or a utility worker who is performing his or her
duty;
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(II) A provider of health care while the provider of health
care is performing his or her duty or is on the premises where he or
she performs that duty; or
(III) A sports official based on the performance of his or
her duties at a sporting event; and
(2) The probationer, prisoner or parolee charged knew or
should have known that the victim was an officer, a provider of
health care, a school employee, a taxicab driver, a transit operator, a
utility worker or a sports official,
for a category D felony as provided in NRS 193.130, unless the
assault is made with the use of a deadly weapon or the present
ability to use a deadly weapon, then for a cat egory B felony by
imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 6 years, or by a
fine of not more than $5,000, or by both fine and imprisonment.
Sec. 113. NRS 200.5093 is hereby amended to read as
follows:
200.5093 1. Any person who is described in subsection 4 and
who, in a professional or occupational capacity, knows or has
reasonable cause to believe that an older person or vulnerable
person has been abused, neglected, exploited, isol ated or abandoned
shall:
(a) Except as otherwise provided in subsection 2, report the
abuse, neglect, exploitation, isolation or abandonment of the older
person or vulnerable person to:
(1) The local office of the Aging and Disability Services
Division of the Department of Health and Human Services;
(2) A police department or sheriff’s office; or
(3) A toll-free telephone service designated by the Aging and
Disability Services Division of the Department of Health and
Human Services; and
(b) Make such a report as soon as reasonably practicable but not
later than 24 hours after the person knows or has reasonable cause to
believe that the older person or vulnerable person has been abused,
neglected, exploited, isolated or abandoned.
2. If a person who is required to make a report pursuant to
subsection 1 knows or has reasonable cause to believe that the
abuse, neglect, exploitation, isolation or abandonment of the older
person or vulnerable person involves an act or omission of the
Aging and Disabil ity Services Division, another division of the
Department of Health and Human Services or a law enforcement
agency, the person shall make the report to an agency other than the
one alleged to have committed the act or omission.
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3. Each agency, after reducing a report to writing, shall forward
a copy of the report to the Aging and Disability Services Division of
the Department of Health and Human Services and the Unit for the
Investigation and Prosecution of Crimes.
4. A report must be made pursuant to subsection 1 by the
following persons:
(a) Every physician, dentist, dental hygienist, expanded function
dental assistant, chiropractic physician, naprapath, optometrist,
podiatric physician, medical examiner, resident, intern, professional
or practical n urse, physician assistant licensed pursuant to chapter
630 or 633 of NRS, anesthesiologist assistant, perfusionist,
psychiatrist, psychologist, marriage and family therapist, clinical
professional counselor, clinical alcohol and drug counselor, alcohol
and drug counselor, music therapist, athletic trainer, driver of an
ambulance, paramedic, licensed dietitian, holder of a license or a
limited license issued under the provisions of chapter 653 of NRS,
behavior analyst, assistant behavior analyst, registered behavior
technician, peer recovery support specialist, as defined in NRS
433.627, peer recovery support specialist supervisor, as defined in
NRS 433.629, or other person providing medical services licensed
or certified to practice in this State, who examin es, attends or treats
an older person or vulnerable person who appears to have been
abused, neglected, exploited, isolated or abandoned.
(b) Any personnel of a hospital or similar institution engaged in
the admission, examination, care or treatment of per sons or an
administrator, manager or other person in charge of a hospital or
similar institution upon notification of the suspected abuse, neglect,
exploitation, isolation or abandonment of an older person or
vulnerable person by a member of the staff of the hospital.
(c) A coroner.
(d) Every person who maintains or is employed by an agency to
provide personal care services in the home.
(e) Every person who maintains or is employed by an agency to
provide nursing in the home.
(f) Every person who operat es, who is employed by or who
contracts to provide services for an intermediary service
organization as defined in [NRS 449.4304.] section 59 of this act.
(g) Any employee of the Department of Health and Human
Services, except the State Long -Term Care Omb udsman appointed
pursuant to NRS 427A.125 and any of his or her advocates or
volunteers where prohibited from making such a report pursuant to
45 C.F.R. § 1321.11.
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(h) Any employee of a law enforcement agency or a county’s
office for protective services o r an adult or juvenile probation
officer.
(i) Any person who maintains or is employed by a facility or
establishment that provides care for older persons or vulnerable
persons.
(j) Any person who maintains, is employed by or serves as a
volunteer for an agency or service which advises persons regarding
the abuse, neglect, exploitation, isolation or abandonment of an
older person or vulnerable person and refers them to persons and
agencies where their requests and needs can be met.
(k) Every social worker.
(l) Any person who owns or is employed by a funeral home or
mortuary.
(m) Every person who operates or is employed by a community
health worker pool, as defined in NRS 449.0028, or with whom a
community health worker pool contracts to provide the services of a
community health worker, as defined in NRS 449.0027.
(n) Every person who is enrolled with the Division of Health
Care Financing and Policy of the Department of Health and Human
Services to provide doula services to recipients of Medicaid
pursuant to NRS 422.27177.
5. A report may be made by any other person.
6. If a person who is required to make a report pursuant to
subsection 1 knows or has reasonable cause to believe that an older
person or vulnerable person has died as a result of abuse, neglect,
isolation or abandonment, the person shall, as soon as reasonably
practicable, report this belief to the appropriate medical examiner or
coroner, who shall investigate the cause of death of the older person
or vulnerable person and submit to the a ppropriate local law
enforcement agencies, the appropriate prosecuting attorney, the
Aging and Disability Services Division of the Department of Health
and Human Services and the Unit for the Investigation and
Prosecution of Crimes his or her written findi ngs. The written
findings must include the information required pursuant to the
provisions of NRS 200.5094, when possible.
7. A division, office or department which receives a report
pursuant to this section shall cause the investigation of the report to
commence within 3 working days. A copy of the final report of the
investigation conducted by a division, office or department, other
than the Aging and Disability Services Division of the Department
of Health and Human Services, must be forwarded within 3 0 days
after the completion of the report to the:
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(a) Aging and Disability Services Division;
(b) Repository for Information Concerning Crimes Against
Older Persons or Vulnerable Persons created by NRS 179A.450;
and
(c) Unit for the Investigation and Prosecution of Crimes.
8. If the investigation of a report results in the belief that an
older person or vulnerable person is abused, neglected, exploited,
isolated or abandoned, the Aging and Disability Services Division
of the Department of Health and Hu man Services or the county’s
office for protective services may provide protective services to the
older person or vulnerable person if the older person or vulnerable
person is able and willing to accept them.
9. A person who knowingly and willfully viol ates any of the
provisions of this section is guilty of a misdemeanor.
10. As used in this section, “Unit for the Investigation and
Prosecution of Crimes” means the Unit for the Investigation and
Prosecution of Crimes Against Older Persons or Vulnerable Persons
in the Office of the Attorney General created pursuant to
NRS 228.265.
Sec. 114. NRS 200.5095 is hereby amended to read as
follows:
200.5095 1. Reports made pursuant to NRS 200.5093 and
200.5094, and records and investigations relating to those reports,
are confidential.
2. A person, law enforcement agency or public or private
agency, institution or facility who willfully releases data or
information concerning the reports and investigation of the abuse,
neglect, exploitation, isolation o r abandonment of older persons or
vulnerable persons, except:
(a) Pursuant to a criminal prosecution;
(b) Pursuant to NRS 200.50982; or
(c) To persons or agencies enumerated in subsection 3,
is guilty of a misdemeanor.
3. Except as otherwise provided in subsection 2 and NRS
200.50982, data or information concerning the reports and
investigations of the abuse, neglect, exploitation, isolation or
abandonment of an older person or a vulnerable person is available
only to:
(a) A physician who is providing care to an older person or a
vulnerable person who may have been abused, neglected, exploited,
isolated or abandoned;
– 89 –
- 83rd Session (2025)
(b) An agency responsible for or authorized to undertake the
care, treatment and supervision of the older person or vulnerable
person;
(c) A district attorney or other law enforcement official who
requires the information in connection with an investigation of the
abuse, neglect, exploitation, isolation or abandonment of the older
person or vulnerable person;
(d) A court which h as determined, in camera, that public
disclosure of such information is necessary for the determination of
an issue before it;
(e) A person engaged in bona fide research, but the identity of
the subjects of the report must remain confidential;
(f) A gran d jury upon its determination that access to such
records is necessary in the conduct of its official business;
(g) Any comparable authorized person or agency in another
jurisdiction;
(h) A legal guardian of the older person or vulnerable person, if
the identity of the person who was responsible for reporting the
alleged abuse, neglect, exploitation, isolation or abandonment of the
older person or vulnerable person to the public agency is protected,
and the legal guardian of the older person or vulnerable person is
not the person suspected of such abuse, neglect, exploitation,
isolation or abandonment;
(i) If the older person or vulnerable person is deceased, the
executor or administrator of his or her estate, if the identity of the
person who was responsible for reporting the alleged abuse, neglect,
exploitation, isolation or abandonment of the older person or
vulnerable person to the public agency is protected, and the executor
or administrator is not the person suspected of such abuse, neglect,
exploitation, isolation or abandonment;
(j) The older person or vulnerable person named in the report as
allegedly being abused, neglected, exploited, isolated or abandoned,
if that person is not legally incapacitated;
(k) An attorney appointed by a court to rep resent a protected
person in a guardianship proceeding pursuant to NRS 159.0485, if:
(1) The protected person is an older person or vulnerable
person;
(2) The identity of the person who was responsible for
reporting the alleged abuse, neglect, exploita tion, isolation or
abandonment of the older person or vulnerable person to the public
agency is protected; and
– 90 –
- 83rd Session (2025)
(3) The attorney of the protected person is not the person
suspected of such abuse, neglect, exploitation, isolation or
abandonment; or
(l) The State Guardianship Compliance Office created by
NRS 159.341.
4. If the person who is reported to have abused, neglected,
exploited, isolated or abandoned an older person or a vulnerable
person is the holder of a license or certificate issued pursuant to
chapters 449, 630 to 641B, inclusive, 641D, 653 or 654 of NRS [,]
or the chapter consisting of sections 2 to 90, inclusive, of this act,
the information contained in the report must be submitted to the
board that issued the license.
5. If data or information concerning the reports and
investigations of the abuse, neglect, exploitation, isolation or
abandonment of an older person or a vulnerable person is made
available pursuant to paragraph (b) or (j) of subsection 3 or
subsection 4, the name and a ny other identifying information of the
person who made the report must be redacted before the data or
information is made available.
Sec. 115. NRS 232.320 is hereby amended to read as follows:
232.320 1. The Director:
(a) Shall appoint, with the con sent of the Governor,
administrators of the divisions of the Department, who are
respectively designated as follows:
(1) The Administrator of the Aging and Disability Services
Division;
(2) The Administrator of the Division of Welfare and
Supportive Services;
(3) The Administrator of the Division of Child and Family
Services;
(4) The Administrator of the Division of Health Care
Financing and Policy; and
(5) The Administrator of the Division of Public and
Behavioral Health.
(b) Shall administer, through the divisions of the Department,
the provisions of chapters 63, 424, 425, 427A, 432A to 442,
inclusive, 446 to 450, inclusive, and the chapter consisting of
sections 2 to 90, inclusive, of this act, 458A and 656A of NRS,
NRS 127.220 to 127.310, in clusive, 422.001 to 422.410, inclusive,
422.580, 432.010 to 432.133, inclusive, 432B.6201 to 432B.626,
inclusive, 444.002 to 444.430, inclusive, and 445A.010 to
445A.055, inclusive, and all other provisions of law relating to the
functions of the divisions of the Department, but is not responsible
– 91 –
- 83rd Session (2025)
for the clinical activities of the Division of Public and Behavioral
Health or the professional line activities of the other divisions.
(c) Shall administer any state program for persons with
developmental disabi lities established pursuant to the
Developmental Disabilities Assistance and Bill of Rights Act of
2000, 42 U.S.C. §§ 15001 et seq.
(d) Shall, after considering advice from agencies of local
governments and nonprofit organizations which provide social
services, adopt a master plan for the provision of human services in
this State. The Director shall revise the plan biennially and deliver a
copy of the plan to the Governor and the Legislature at the
beginning of each regular session. The plan must:
(1) Identify and assess the plans and programs of the
Department for the provision of human services, and any
duplication of those services by federal, state and local agencies;
(2) Set forth priorities for the provision of those services;
(3) Provide for communication and the coordination of those
services among nonprofit organizations, agencies of local
government, the State and the Federal Government;
(4) Identify the sources of funding for services provided by
the Department and the allocation of that funding;
(5) Set forth sufficient information to assist the Department
in providing those services and in the planning and budgeting for the
future provision of those services; and
(6) Contain any other information necessary for the
Department to comm unicate effectively with the Federal
Government concerning demographic trends, formulas for the
distribution of federal money and any need for the modification of
programs administered by the Department.
(e) May, by regulation, require nonprofit organizations and state
and local governmental agencies to provide information regarding
the programs of those organizations and agencies, excluding
detailed information relating to their budgets and payrolls, which the
Director deems necessary for the performance of the duties imposed
upon him or her pursuant to this section.
(f) Has such other powers and duties as are provided by law.
2. Notwithstanding any other provision of law, the Director, or
the Director’s designee, is responsible for appointing and remov ing
subordinate officers and employees of the Department.
Sec. 116. NRS 232.359 is hereby amended to read as follows:
232.359 1. The Department, in collaboration with any state
or local agencies or community -based organizations which provide
information and referral services concerning health, welfare, human
– 92 –
- 83rd Session (2025)
and social services and any group established by the Governor to
implement a statewide information and referral system concerning
health, welfare, human and social services, shall establish and
maintain a statewide information and referral system to provide
nonemergency information and referrals to the general public
concerning the health, welfare, human and social services provided
by public or private entities in this State. The system must:
(a) Integrate any information and referral systems previously
established by state agencies, local agencies or community -based
organizations with the system established pursuant to this section;
(b) Be the sole system in this State which is accessible to a
person by dialing the digits 2-1-1 and which provides nonemergency
information and referrals to the general public concerning the
health, welfare, human and social services provided by public or
private entities in this State;
(c) Be accessible to a person using the public telephone system
by dialing the digits 2-1-1;
(d) Include information concerning service -connected
disabilities and diseases, including, without limitation, diseases
presumed to be service-connected pursuant to 38 C.F.R. §§ 3.303 to
3.344, inclusive;
(e) Except as otherwise provided in paragraph (f), include
information that is updated periodically; and
(f) Include information concerning the licensing status of any
entity licensed pursuant to chapter 449 of NRS or the chapter
consisting of sections 2 to 90, inclusive, of this act that is reviewed
and updated at least quarterly.
2. In establishing the statewide information and referral
system, the Department, any state or local agencies or community -
based organizations which provide information and referral services
concerning health, welfare, human and social services and any
group established by the Governor to implement a statewide
information and referral system concerning health, welfare, human
and social services shall consult with representatives of:
(a) The Public Utilities Commission of Nevada;
(b) Telephone companies which provide service through a local
exchange in this State;
(c) Companies that provide wireless phone services in this State;
(d) Existing information and referral services established by
state agencies, local agencies or community-based organizations;
(e) State and local agencies or other organizations that provide
health, welfare, human and social services;
(f) Nonprofit organizations; and
– 93 –
- 83rd Session (2025)
(g) Such other agencies, entities and organizations as determined
necessary by the Department, any state or local agencies or
community-based organizations which provide information and
referral services concerning health, welfare, human and social
services or any grou p established by the Governor to implement a
statewide information and referral system concerning health,
welfare, human and social services.
3. The Public Utilities Commission of Nevada, each telephone
company which provides service through a local exch ange in this
State and each company that provides wireless phone services in
this State shall cooperate with the Department, any state or local
agencies or community -based organizations which provide
information and referral services concerning health, wel fare, human
and social services and any group established by the Governor to
implement a statewide information and referral system concerning
health, welfare, human and social services in the establishment of
the statewide information and referral system.
Sec. 117. NRS 232B.237 is hereby amended to read as
follows:
232B.237 1. The Sunset Subcommittee of the Legislative
Commission shall conduct a review of each professional or
occupational licensing board and regulatory body in this State to
determine w hether the restrictions on the criminal history of an
applicant for an occupational or professional license are appropriate.
2. Each professional or occupational licensing board and
regulatory body subject to review pursuant to subsection 1 must
submit i nformation to the Sunset Subcommittee on a form
prescribed by the Sunset Subcommittee. The information must
include, without limitation:
(a) The number of petitions submitted to a professional or
occupational licensing board and regulatory body pursuant t o NRS
1.545, 240A.275, 244.33504, 361.2212, 379.00785, 435.3395,
445B.7776, 449.03008, [449.4316,] 450B.169, 455C.125, 457.1825,
458.0258, 477.2233, 482.163, 487.006, 489.298, 490.195, 502.375,
503.5831, 504.391, 505.013, 534.1405, 544.147, 555.305, 557.225,
576.037, 581.1033, 582.035, 584.2165, 587.014, 599A.057,
599B.127, 618.357, 622.085, 678B.630 a nd 706.4626 [;] and
sections 10 and 70 of this act;
(b) The number of determinations of disqualification made by
the professional or occupational licensing board and regulatory body
pursuant to NRS 1.545, 240A.275, 244.33504, 361.2212,
379.00785, 435.3395 , 445B.7776, 449.03008, [449.4316,]
450B.169, 455C.125, 457.1825, 458.0258, 477.2233, 482.163,
– 94 –
- 83rd Session (2025)
487.006, 489.298, 490.195, 502.375, 503.5831, 504.391, 505.013,
534.1405, 544.147, 555.305, 557.225, 576.037, 581.1033, 582.035,
584.2165, 587.014, 599A.057, 599 B.127, 618.357, 622.085,
678B.630 and 706.4626 [;] and sections 10 and 70 of this act; and
(c) The reasons for such determinations of disqualification.
3. As used in this section, “regulatory body” has the meaning
ascribed to it in NRS 622.060.
Sec. 118. NRS 239.010 is hereby amended to read as follows:
239.010 1. Except as otherwise provided in this section and
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095,
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030,
62H.170, 62H.220 , 62H.320, 75A.100, 75A.150, 76.160, 78.152,
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413,
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345,
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270,
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280,
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640,
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730,
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312,
130.712, 136.050, 159.044, 159A.044, 16 4.041, 172.075, 172.245,
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156,
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495,
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772,
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209 .3923,
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040,
213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350,
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615,
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.57 0,
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300,
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040,
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270,
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264,
244.335, 247. 540, 247.545, 247.550, 247.560, 250.087, 250.130,
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910,
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680,
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086,
286.110, 286.118, 287.043 8, 289.025, 289.080, 289.387, 289.830,
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870,
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110,
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593,
338.1725, 338.1727, 3 48.420, 349.597, 349.775, 353.205,
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240,
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138,
– 95 –
- 83rd Session (2025)
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300,
379.0075, 379.008, 379.1495, 385A .830, 385B.100, 387.626,
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750,
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120,
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317,
392.325, 392.327, 392.335, 392.850, 393.045, 39 4.167, 394.16975,
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143,
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685,
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153,
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350,
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205,
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430,
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360,
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116,
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170,
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245,
[449.4315,] 449A.112, 450.140, 450B.188, 450B.805, 453.164,
453.720, 458.055, 458.280, 459.050, 459.3 866, 459.555, 459.7056,
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407,
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063,
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363,
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833,
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285,
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110,
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710,
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315,
616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137,
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230,
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671,
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327,
630A.555, 631.33 2, 631.368, 632.121, 632.125, 632.3415,
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716,
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169,
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085,
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183,
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220,
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745,
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090,
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641 B.170,
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320,
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050,
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130,
– 96 –
- 83rd Session (2025)
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947,
648.033, 648. 197, 649.065, 649.067, 652.126, 652.228, 653.900,
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275,
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480,
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710,
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190,
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410,
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306,
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480,
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536,
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550,
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159,
711.600, and sections 23, 55 and 69 of this act, sections 35, 38 and
41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter
391, Statutes of Nevada 2013 and unless otherwise declared by law
to be confidential, all public books and public records of a
governmental entity must be open at all times during office hours to
inspection by any person, and may be fully copied or an abstract or
memorandum may be prepared from those public books and public
records. Any such copies, abstracts or memoranda may be used to
supply the general public with copies, abstracts or memoranda of the
records or may be used in any other way to the advantage of the
governmental entity or of the general public. This section does not
supersede or in any manner affect the federal laws governing
copyrights or enlarge, diminish or affect in any other manner the
rights of a person i n any written book or record which is
copyrighted pursuant to federal law.
2. A governmental entity may not reject a book or record
which is copyrighted solely because it is copyrighted.
3. A governmental entity that has legal custody or control of a
public book or record shall not deny a request made pursuant to
subsection 1 to inspect or copy or receive a copy of a public book or
record on the basis that the requested public book or record contains
information that is confidential if the governmental entity can
redact, delete, conceal or separate, including, without limitation,
electronically, the confidential information from the information
included in the public book or record that is not otherwise
confidential.
4. If requested, a governmental entity shall provide a copy of a
public record in an electronic format by means of an electronic
medium. Nothing in this subsection requires a governmental entity
to provide a copy of a public record in an electronic format or by
means of an electronic medium if:
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- 83rd Session (2025)
(a) The public record:
(1) Was not created or prepared in an electronic format; and
(2) Is not available in an electronic format; or
(b) Providing the public record in an electronic format or by
means of an electronic medium would:
(1) Give access to proprietary software; or
(2) Require the production of information that is confidential
and that cannot be redacted, deleted, concealed or separated from
information that is not otherwise confidential.
5. An officer, employee or agent of a gove rnmental entity who
has legal custody or control of a public record:
(a) Shall not refuse to provide a copy of that public record in the
medium that is requested because the officer, employee or agent has
already prepared or would prefer to provide the co py in a different
medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon
request, prepare the copy of the public record and shall not require
the person who has requested the copy to prepare the copy himself
or herself.
Sec. 119. NRS 287.500 is hereby amended to read as follows:
287.500 As used in NRS 287.500 to 287.530, inclusive, unless
the context otherwise requires:
1. “Employee organization” means an organization of any kind
whose members are governmental employees and has as one of its
purposes the improvement of the terms and conditions of
employment of governmental employees.
2. “Professional service” means any type of personal service
which may be performed only pursuant to a license, certificate of
registration or other auth orization issued by this state, except
services provided by any person licensed under chapter 630 or 633
of NRS , [or] by any medical facility or facility for the dependent as
defined in chapter 449 of NRS [.] or any agency to provide
personal care services in the home as defined in section 3 of this
act.
Sec. 120. NRS 422.272407 is hereby amended to read as
follows:
422.272407 1. To the extent authorized by federal law, the
Director shall include [in the State Plan for ] under Medicaid
authorization for [a] :
(a) A recipient of Medicaid to be deemed a provider of services
for the purposes of allowing the recipient to receive reimbursements
for personal care services covered by Medicaid and use that money
to pay for services provided by a personal care assistant acting
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pursuant to NRS 629.091 or an agency to provide personal care
services in the home using a self-directed model.
(b) A member of the family of a recipient of Medicaid to serve
as a personal c are assistant pursuant to paragraph (a) if the
family member:
(1) Completes the training required by section 30 of this
act; and
(2) Receives authorization from a provider of health care
pursuant to NRS 629.091 to act as a personal care assistant for the
recipient.
2. As used in this section:
(a) “Agency to provide personal care services in the home” has
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.
(b) “Personal care services” means the services described in
[NRS 449.1935.] section 52 of this act.
Sec. 121. NRS 422.3792 is hereby amended to read as
follows:
422.3792 “Agency to provide personal care services in the
home” has the meaning ascribed to it in [NRS 449.0021.] section 3
of this act.
Sec. 122. NRS 422.3965 is h ereby amended to read as
follows:
422.3965 1. The Department shall apply to the Secretary of
Health and Human Services for a home and community -based
services waiver granted pursuant to 42 U.S.C. § 1396n(c). The
waiver must authorize the Department to i nclude structured family
caregiving for persons suffering from dementia as medical
assistance under Medicaid.
2. The waiver must:
(a) Authorize an applicant for or a recipient of Medicaid
suffering from dementia to choose any:
(1) Person, including, without limitation, a spouse or a
person who is legally responsible for the recipient, to serve as his or
her caregiver; and
(2) Appropriate residence in which to receive structured
family caregiving;
(b) Require a caregiver chosen by a recipient of Med icaid
pursuant to paragraph (a), including, without limitation, a caregiver
chosen by an applicant whose application is approved, to be or
become an employee of an agency to provide personal care services
in the home or an intermediary service organization;
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- 83rd Session (2025)
(c) Establish a per diem rate to be paid to an agency to provide
personal care services in the home or an intermediary service
organization that employs a caregiver pursuant to paragraph (b);
(d) Require an agency to provide personal care services in t he
home or intermediary service organization that employs a caregiver
pursuant to paragraph (b) to provide to the caregiver a daily stipend
that is at least 65 percent of the per diem rate paid to the agency to
provide personal care services in the home or intermediary service
organization; and
(e) Require a caregiver chosen by a recipient of Medicaid
pursuant to paragraph (a), including, without limitation, a caregiver
chosen by an applicant whose application is approved, to complete
[any] the training [the Aging and Disability Services Division of the
Department determines to be necessary for the caregiver to provide
adequate care to the recipient.] required by section 30 of this act.
3. The Department shall:
(a) Cooperate with the Federal Government i n obtaining a
waiver pursuant to this section;
(b) If the Federal Government approves the waiver, adopt
regulations necessary to carry out the provisions of this section,
including, without limitation, the criteria to be used in determining
eligibility for an applicant for or a recipient of Medicaid suffering
from dementia to receive structured family caregiving pursuant to
this section; and
(c) Implement the amendments to the waiver only to the extent
that the amendments are approved by the Federal Government.
4. As used in this section:
(a) “Agency to provide personal care services in the home” has
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.
(b) “Intermediary service organization” has the meaning
ascribed to it in [NRS 449.4304.] section 59 of this act.
(c) “Structured family caregiving” means the provision of
services to a person who resides in the same residence as the
caregiver on a full -time basis. The services provided may include,
without limitation:
(1) Case management services;
(2) Personal care services;
(3) Personal assistance;
(4) Homemaker services; and
(5) Health-related services, including, without limitation,
home health aide services.
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- 83rd Session (2025)
Sec. 123. NRS 427A.175 is hereby amended to read as
follows:
427A.175 1. Within 1 year after an older patient sustains
damage to his or her property as a result of any act or failure to act
by a facility for intermediate care, a facility for skilled nursing, a
residential facility for groups, a home for individual residential care,
an agency to provide personal care services in the home, an
intermediary service organization, a community health worker pool
or an agency to provide nursing in the home in protecting the
property, the older patient may file a verified complaint with the
Division setting forth the details of the damage.
2. Upon receiving a verified complaint pursuant to subsection
1, the Administrator shall investigate the complaint and attempt to
settle the matter through arbitration, mediation or negotiation.
3. If a settlement is not reached pursuant to subsection 2, the
facility, home, agency, organization or older patient may request a
hearing before the Attorney for the Rights of Older Persons and
Persons with a Physical Disability, an Intellectual Disability or a
Related Condition. If requested, the Attorney for the Rights of Older
Persons and Persons with a Physical Disability, an Intellectual
Disability or a Related Condition shall conduct a hearing to
determine whether the facility, home, agency, pool or organization
is liable for damages to the patient. If the Attorney for the Rights of
Older Persons and Persons with a Physical Disability, an Intellectual
Disability or a Related Condition determines that the facility, home,
agency, pool or organization is liable for damages to the patient, the
Attorney for the Rights of Older Persons and Persons with a
Physical Disability, an Intellectual Disability or a Related Condition
shall order the amount of the surety bond pursuant to NRS 449.0 65
or section 24 or 67 of this act, as applicable, or the substitute for
the surety bond necessary to pay for the damages pursuant to
NRS 449.067 or section 25 or 68 of this act, as applicable, to be
released to the Division. The Division shall pay any su ch amount to
the older patient or the estate of the older patient.
4. The Division shall create a separate account for money to be
collected and distributed pursuant to this section.
5. As used in this section:
(a) “Agency to provide nursing in the ho me” has the meaning
ascribed to it in NRS 449.0015;
(b) “Agency to provide personal care services in the home” has
the meaning ascribed to it in [NRS 449.0021;] section 3 of this act;
(c) “Community health worker pool” has the meaning ascribed
to it in NRS 449.0028;
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- 83rd Session (2025)
(d) “Facility for intermediate care” has the meaning ascribed to
it in NRS 449.0038;
(e) “Facility for skilled nursing” has the meaning ascribed to it
in NRS 449.0039;
(f) “Home for individual residential care” has the meaning
ascribed to it in NRS 449.0105;
(g) “Intermediary service organization” has the meaning
ascribed to it in [NRS 449.4304;] section 59 of this act;
(h) “Older patient” has the meaning ascribed to it in NRS
449.065; and
(i) “Residential facility for groups” has the me aning ascribed to
it in NRS 449.017.
Sec. 124. NRS 427A.906 is hereby amended to read as
follows:
427A.906 “Facility or service provider” means:
1. Any facility or other entity licensed or certified pursuant to
chapter 435 or 449 of NRS [.] or the chapter consisting of sections
2 to 90, inclusive, of this act.
2. A provider of emergency medical services.
3. A facility for long-term rehabilitation.
4. Any unlicensed establishment that provides food, shelter,
assistance and limited supervision to an older person or a vulnerable
person.
Sec. 125. NRS 435.450 is hereby amended to read as follows:
435.450 1. If a patient in a division facility is transferred to
another division facility or to a medical facility, a facility for the
dependent , an agency to provide personal care services in the
home or a physician licensed to practice medicine, the division
facility shall forward a copy of the medical records of the patient, on
or before the date the patient is transferred, to the facility , agency or
physician. Except as otherwise required by 42 U.S.C. § 290dd,
290dd-1 or 290dd -2 or NRS 439.591 or 439.597, the division
facility is not required to obtain the oral or written consent of the
patient to forward a copy of the medical records.
2. As used in this section, [“medical] :
(a) “Agency to provide personal care services in the home” has
the meaning ascribed to it in section 3 of this act.
(b) “Medical records” includes a medical history of the patient,
a summary of the current physical condition of the patient and a
discharge summary which contains the information necessary for
the proper treatment of the patient.
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- 83rd Session (2025)
Sec. 126. NRS 608.0195 is hereby amended to read as
follows:
608.0195 1. If an employee specified in paragraph (a) of
subsection 3 is required to be on duty for 24 hours or more, the
employer and employee may agree in writing to exclude from the
employee’s wages a regularly scheduled sleeping period not to
exceed 8 hours if adequate sleeping facilities are furnished:
(a) By the employer of an employee described in subparagraph
(1) of paragraph (a) of subsection 3; or
(b) In the home in which an employee described in
subparagraph (2) of paragraph (a) of subsection 3 provides personal
care services,
as applicable.
2. If the sleeping period is interrupted by any call for service
by the employer or for service to a person to whom the employee
provides personal care services, the interruption must be counted as
hours worked. If the sleeping period is interrupted by any call for
service by the employer or for service to a person to whom the
employee provides personal care services to such an extent that the
sleeping period is less than 5 hours, the employee must be paid for
the entire sleeping period.
3. The provisions of subsections 1 and 2:
(a) Apply only to:
(1) An employee who is on duty at a residential facility for a
group of similarly situated persons who require supervision, care or
other assistance from employees at the residential facility; and
(2) An employee of an agency to provide personal care
services in the home who is on duty.
(b) Do not apply to a firefighter, a member of a rescue or
emergency services crew or a peace officer, including, without
limitation, a correctional officer.
4. As used in this section:
(a) “A group of similarly situated persons” includes, without
limitation, a group of:
(1) Persons with a mental illness;
(2) Persons with a physical disability;
(3) Persons with an intellectual disability;
(4) Persons who are elderly;
(5) Persons recovering from alcohol or substance use
disorders;
(6) Children in foster care; and
(7) Children in a program to address emotional or behavioral
problems.
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- 83rd Session (2025)
(b) “Agency to provide personal care services in the home” has
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.
(c) “On duty” means any period during which an employee is
working or is required to remain on the premises of:
(1) In the case of an employee described in subparagraph (1)
of paragraph (a) of subsection 3, the employer; or
(2) In the case of an employee described in subparagraph (2)
of paragraph (a) of subsection 3, the home of a person to whom the
employee provides personal care services.
(d) “Personal care services” means the services desc ribed in
[NRS 449.1935.] section 52 of this act.
(e) “Residential facility” means:
(1) A dormitory, any structure similar to a dormitory or any
structure similar to a private residence in which a group of similarly
situated persons reside for the purpose of receiving supervision, care
or other assistance from employees on duty at the residential
facility. Any such dormitory or structure similar to a dormitory may
include a studio apartment for the use of the employees.
(2) In the case of a program for children to address emotional
or behavioral problems, any structure which provides for residential
living for the children and employees.
Sec. 127. NRS 608.510 is hereby amended to read as follows:
608.510 “Agency to provide personal care services in t he
home” has the meaning ascribed to it in [NRS 449.0021.] section 3
of this act.
Sec. 128. NRS 608.530 is hereby amended to read as follows:
608.530 1. “Home care employee” means a person who
provides:
(a) Personal care services through a home care program as an
employee of a home care employer that is an agency to provide
personal care services in the home;
(b) Personal assistance through a home care program as a
personal assistant for whom a home care employer that is an
intermediary service organization is the employer of record; or
(c) Temporary respite services through a home care program as
an employee of a home care employer that has entered into a
contract with the Aging and Disability Services Division of the
Department of Health and Human Services to provide such services.
2. As used in this section, “personal assistant” has the meaning
ascribed to it in [NRS 449.4308.] section 60 of this act.
Sec. 129. NRS 608.570 is hereby amended to read as follows:
608.570 “Intermediary service organization” has the meaning
ascribed to it in [NRS 449.4304.] section 59 of this act.
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- 83rd Session (2025)
Sec. 130. NRS 608.580 is hereby amended to read as follows:
608.580 “Personal assistance” has the meaning ascribed to it in
[NRS 449.4308.] section 60 of this act.
Sec. 131. NRS 608.590 is hereby amended to read as follows:
608.590 “Personal care services” means the services described
in [NRS 449.1935.] section 52 of this act.
Sec. 132. NRS 608.600 is hereby amended to read as follows:
608.600 “Temporary respite services” has the meaning
ascribed to it in [NRS 449.0021.] section 3 of this act.
Sec. 133. NRS 630.024 is hereby amended to read as follows:
630.024 1. “Respiratory care” means the treatment,
management, diagnostic testing, control and care of persons with
deficiencies and abnormalities associated with the cardiopulmonary
system. The term includes inhalation and respiratory therapy.
2. The term does not include any task performed in accordance
with the r egulations adopted by the State Board of Health pursuant
to NRS 449.0304 and [449.4309.] sections 14 and 61 of this act.
Sec. 134. NRS 630.060 is hereby amended to read as follows:
630.060 1. Six members of the Board must be persons who
are licensed t o practice medicine in this State, are actually engaged
in the practice of medicine in this State and have resided and
practiced medicine in this State for at least 5 years preceding their
respective appointments.
2. One member of the Board must be a person who is licensed
to practice as a physician assistant in this State, is actually engaged
in practice as a physician assistant in this State and has resided and
practiced as a physician assistant in this State for at least 5 years
preceding his or her appointment.
3. One member of the Board must be a person who is licensed
to engage in the practice of respiratory care in this State, is actually
engaged in the practice of respiratory care in this State and has
resided and practiced respiratory care in this State for at least 5
years preceding his or her appointment.
4. One member of the Board must be a person who has resided
in this State for at least 5 years and who represents the interests of
persons or agencies that regularly provide health care t o patients
who are indigent, uninsured or unable to afford health care. This
member must not be licensed under the provisions of this chapter.
5. The remaining two members of the Board must be persons
who have resided in this State for at least 5 years and who:
(a) Are not licensed in any state to practice any healing art;
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- 83rd Session (2025)
(b) Are not the spouse or the parent or child, by blood, marriage
or adoption, of a person licensed in any state to practice any healing
art;
(c) Are not actively engaged in the administration of any facility
for the dependent as defined in chapter 449 of NRS, agency to
provide personal care services in the home as defined in section 3
of this act, medical facility or medical school; and
(d) Do not have a pecuniary interest in any matter pertaining to
the healing arts, except as a patient or potential patient.
6. The members of the Board must be selected without regard
to their individual political beliefs.
Sec. 135. NRS 630.253 is hereby amended to read as follows:
630.253 1. The Board shall, as a prerequisite for the:
(a) Renewal of a license as a physician assistant;
(b) Renewal of a license as an anesthesiologist assistant; or
(c) Biennial registration of the holder of a license to practice
medicine,
require each hold er to submit evidence of compliance with the
requirements for continuing education as set forth in regulations
adopted by the Board.
2. These requirements:
(a) May provide for the completion of one or more courses of
instruction relating to risk managem ent in the performance of
medical services.
(b) Must provide for the completion of a course of instruction,
within 2 years after initial licensure, relating to the medical
consequences of an act of terrorism that involves the use of a
weapon of mass destr uction. The course must provide at least 4
hours of instruction that includes instruction in the following
subjects:
(1) An overview of acts of terrorism and weapons of mass
destruction;
(2) Personal protective equipment required for acts of
terrorism;
(3) Common symptoms and methods of treatment associated
with exposure to, or injuries caused by, chemical, biological,
radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for acts
of terrorism that involve biological agents; and
(5) An overview of the information available on, and the use
of, the Health Alert Network.
(c) Must provide for the completion by a holder of a license to
practice medicine of a course of instruction within 2 years after
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- 83rd Session (2025)
initial licensure that provides at least 2 hours of instruction on
evidence-based suicide prevention and awareness as described in
subsection 6.
(d) Must provide for the completion of at least 2 hours of
training in the screening, brief intervention and referral to treatment
approach to substance use disorder within 2 years after initial
licensure.
(e) Must provide for the biennial completion by each
psychiatrist and each physician assistant practicing under the
supervision of a psychiatrist of one or more courses of instructi on
that provide at least 2 hours of instruction relating to cultural
competency and diversity, equity and inclusion. Such instruction:
(1) May include the training provided pursuant to NRS
449.103 [,] or section 34 of this act, where applicable.
(2) Must be based upon a range of research from diverse
sources.
(3) Must address persons of different cultural backgrounds,
including, without limitation:
(I) Persons from various gender, racial and ethnic
backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning
persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disab ility,
developmental disability or physical disability; and
(VIII) Persons who are part of any other population that a
psychiatrist or a physician assistant practicing under the supervision
of a psychiatrist may need to better understand, as determined by the
Board.
(f) Must allow the holder of a license to receive credit toward
the total amount of continuing education required by the Board for
the completion of a course of instruction relating to genetic
counseling and genetic testing.
(g) Must provide for the completion by a physician or physician
assistant who provides or supervises the provision of emergency
medical services in a hospital or primary care of at least 2 hours of
training in the stigma, discrimination and unrecognized bias toward
persons who have acquired or are at a high risk of acquiring human
immunodeficiency virus within 2 years after beginning to provide or
supervise the provision of such services or care.
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- 83rd Session (2025)
3. The Board may determine whether to include in a program
of continuing education courses of instruction relating to the
medical consequences of an act of terrorism that involves the use of
a weapon of mass destruction in addition to the course of instruction
required by paragraph (b) of subsection 2.
4. The Board shall enco urage each holder of a license who
treats or cares for persons who are more than 60 years of age to
receive, as a portion of their continuing education, education in
geriatrics and gerontology, including such topics as:
(a) The skills and knowledge that the licensee needs to address
aging issues;
(b) Approaches to providing health care to older persons,
including both didactic and clinical approaches;
(c) The biological, behavioral, social and emotional aspects of
the aging process; and
(d) The importa nce of maintenance of function and
independence for older persons.
5. The Board shall encourage each holder of a license to
practice medicine to receive, as a portion of his or her continuing
education, training concerning methods for educating patients about
how to effectively manage medications, including, without
limitation, the ability of the patient to request to have the symptom
or purpose for which a drug is prescribed included on the label
attached to the container of the drug.
6. The Board shal l require each holder of a license to practice
medicine to receive as a portion of his or her continuing education at
least 2 hours of instruction every 4 years on evidence -based suicide
prevention and awareness, which may include, without limitation,
instruction concerning:
(a) The skills and knowledge that the licensee needs to detect
behaviors that may lead to suicide, including, without limitation,
post-traumatic stress disorder;
(b) Approaches to engaging other professionals in suicide
intervention; and
(c) The detection of suicidal thoughts and ideations and the
prevention of suicide.
7. The Board shall encourage each holder of a license to
practice medicine or as a physician assistant to receive, as a portion
of his or her continuing education, t raining and education in the
diagnosis of rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
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- 83rd Session (2025)
(b) Interpreting family history to determine whether such
symptoms indicate a normal childhood illness or a cond ition that
requires additional examination.
8. A holder of a license to practice medicine may not substitute
the continuing education credits relating to suicide prevention and
awareness required by this section for the purposes of satisfying an
equivalent requirement for continuing education in ethics.
9. Except as otherwise provided in NRS 630.2535, a holder of
a license to practice medicine may substitute not more than 2 hours
of continuing education credits in pain management, care for
persons with an addictive disorder or the screening, brief
intervention and referral to treatment approach to substance use
disorder for the purposes of satisfying an equivalent requirement for
continuing education in ethics.
10. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in
NRS 202.4415.
(b) “Biological agent” has the meaning ascribed to it in
NRS 202.442.
(c) “Chemical agent” has the meaning ascribed to it in
NRS 202.4425.
(d) “Primary care” means the practice of family medicine,
pediatrics, internal medicine, obstetrics and gynecology and
midwifery.
(e) “Radioactive agent” has the meaning ascribed to it in
NRS 202.4437.
(f) “Weapon of mass destruction” has the meaning ascri bed to it
in NRS 202.4445.
Sec. 136. NRS 630A.110 is hereby amended to read as
follows:
630A.110 1. Two members of the Board must be persons
who are licensed to practice allopathic or osteopathic medicine in
any state or country, the District of Colum bia or a territory or
possession of the United States, have been engaged in the practice
of homeopathic medicine in this State for a period of more than 2
years preceding their respective appointments, are actually engaged
in the practice of homeopathic me dicine in this State and are
residents of this State.
2. One member of the Board must be an advanced practitioner
of homeopathy who holds a valid certificate granted by the Board
pursuant to NRS 630A.293.
3. One member of the Board must be a person who has resided
in this State for at least 3 years and who represents the interests of
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persons or agencies that regularly provide health care to patients
who are indigent, uninsured or unable to afford health care. This
member may be licensed under the provisions of this chapter.
4. The remaining two members of the Board must be persons
who:
(a) Are not licensed in any state to practice any healing art;
(b) Are not the spouse or the parent or child, by blood, marriage
or adoption, of a person licensed in a ny state to practice any healing
art;
(c) Are not actively engaged in the administration of any
medical facility or facility for the dependent as defined in chapter
449 of NRS [;] or any agency to provide personal care services in
the home as defined in section 3 of this act;
(d) Do not have a pecuniary interest in any matter pertaining to
such a facility [,] or agency, except as a patient or potential patient;
and
(e) Have resided in this State for at least 3 years.
5. The members of the Board must be selected without regard
to their individual political beliefs.
6. As used in this section, “healing art” means any system,
treatment, operation, diagnosis, prescription or practice for the
ascertainment, cure, relief, palliation, adjustment or correctio n of
any human disease, ailment, deformity, injury, or unhealthy or
abnormal physical or mental condition for the practice of which
long periods of specialized education and training and a degree of
specialized knowledge of an intellectual as well as physi cal nature
are required.
Sec. 137. NRS 632.343 is hereby amended to read as follows:
632.343 1. The Board shall not renew any license issued
under this chapter until the licensee has submitted proof satisfactory
to the Board of completion, during the 2-year period before renewal
of the license, of 30 hours in a program of continuing education
approved by the Board in accordance with regulations adopted by
the Board. Except as otherwise provided in subsection 3, the
licensee is exempt from this provisio n for the first biennial period
after graduation from:
(a) An accredited school of professional nursing;
(b) An accredited school of practical nursing;
(c) An approved school of professional nursing in the process of
obtaining accreditation; or
(d) An approved school of practical nursing in the process of
obtaining accreditation.
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2. The Board shall review all courses offered to nurses for the
completion of the requirement set forth in subsection 1. The Board
may approve nursing and other courses which are directly related to
the practice of nursing as well as others which bear a reasonable
relationship to current developments in the field of nursing or any
special area of practice in which a licensee engages. These may
include academic studies, workshops, extension studies, home study
and other courses.
3. The program of continuing education required by subsection
1 must include:
(a) For a person licensed as an advanced practice registered
nurse:
(1) A course of instruction to be completed within 2 years
after initial licensure that provides at least 2 hours of instruction on
suicide prevention and awareness as described in subsection 6.
(2) The ability to receive credit toward the total amount of
continuing education required by subsection 1 for the completion of
a course of instruction relating to genetic counseling and genetic
testing.
(b) For each person licensed pursuant to this chapter, a course of
instruction, to be completed within 2 years after initial licensure,
relating to the medical consequences of an act of terrorism that
involves the use of a weapon of mass destruction. The course must
provide at least 4 hours of instruction that includes instruction in the
following subjects:
(1) An overview of acts of terrorism and weapons of ma ss
destruction;
(2) Personal protective equipment required for acts of
terrorism;
(3) Common symptoms and methods of treatment associated
with exposure to, or injuries caused by, chemical, biological,
radioactive and nuclear agents;
(4) Syndromic surveillance and reporting procedures for acts
of terrorism that involve biological agents; and
(5) An overview of the information available on, and the use
of, the Health Alert Network.
(c) For each person licensed pursuant to this chapter, one or
more co urses of instruction that provide at least 4 hours of
instruction relating to cultural competency and diversity, equity and
inclusion to be completed biennially. Such instruction:
(1) May include the training provided pursuant to NRS
449.103 [,] or section 34 of this act, where applicable.
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(2) Must be based upon a range of research from diverse
sources.
(3) Must address persons of different cultural backgrounds,
including, without limitation:
(I) Persons from various gender, racial and ethnic
backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning
persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with a n intellectual disability,
developmental disability or physical disability; and
(VIII) Persons who are part of any other population that a
person licensed pursuant to this chapter may need to better
understand, as determined by the Board.
(d) For a pe rson licensed as an advanced practice registered
nurse, at least 2 hours of training in the screening, brief intervention
and referral to treatment approach to substance use disorder to be
completed within 2 years after initial licensure.
(e) For each person licensed pursuant to this chapter who
provides or supervises the provision of emergency medical services
in a hospital or primary care, at least 2 hours of training in the
stigma, discrimination and unrecognized bias toward persons who
have acquired or are at a high risk of acquiring human
immunodeficiency virus to be completed within 2 years after
beginning to provide or supervise the provision of such services or
care.
4. The Board may determine whether to include in a program
of continuing educa tion courses of instruction relating to the
medical consequences of an act of terrorism that involves the use of
a weapon of mass destruction in addition to the course of instruction
required by paragraph (b) of subsection 3.
5. The Board shall encourage each licensee who treats or cares
for persons who are more than 60 years of age to receive, as a
portion of their continuing education, education in geriatrics and
gerontology, including such topics as:
(a) The skills and knowledge that the licensee need s to address
aging issues;
(b) Approaches to providing health care to older persons,
including both didactic and clinical approaches;
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(c) The biological, behavioral, social and emotional aspects of
the aging process; and
(d) The importance of maintenanc e of function and
independence for older persons.
6. The Board shall require each person licensed as an advanced
practice registered nurse to receive as a portion of his or her
continuing education at least 2 hours of instruction every 4 years on
evidence-based suicide prevention and awareness or another course
of instruction on suicide prevention and awareness that is approved
by the Board which the Board has determined to be effective and
appropriate.
7. The Board shall encourage each person licensed as an
advanced practice registered nurse to receive, as a portion of his or
her continuing education, training and education in the diagnosis of
rare diseases, including, without limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such
symptoms indicate a normal childhood illness or a condition that
requires additional examination.
8. As used in this section:
(a) “Act of terrorism” has the meaning ascribed to it in
NRS 202.4415.
(b) “Biological agent” has the meaning ascribed to it in
NRS 202.442.
(c) “Chemical agent” has the meaning ascribed to it in
NRS 202.4425.
(d) “Primary care” means the practice of family medicine,
pediatrics, internal medicine, obstetrics and gynec ology and
midwifery.
(e) “Radioactive agent” has the meaning ascribed to it in
NRS 202.4437.
(f) “Weapon of mass destruction” has the meaning ascribed to it
in NRS 202.4445.
Sec. 138. NRS 632.472 is hereby amended to read as follows:
632.472 1. The following persons shall report in writing to
the Executive Director of the Board any conduct of a licensee or
holder of a certificate which constitutes a violation of the provisions
of this chapter:
(a) Any physician, dentist, dental hygienist, expand ed function
dental assistant, naprapath, chiropractic physician, optometrist,
podiatric physician, medical examiner, resident, intern, professional
or practical nurse, nursing assistant, medication aide - certified,
perfusionist, physician assistant licens ed pursuant to chapter 630 or
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633 of NRS, anesthesiologist assistant, psychiatrist, psychologist,
marriage and family therapist, clinical professional counselor,
alcohol or drug counselor, peer recovery support specialist, peer
recovery support specialist supervisor, music therapist, holder of a
license or limited license issued pursuant to chapter 653 of NRS,
driver of an ambulance, paramedic or other person providing
medical services licensed or certified to practice in this State.
(b) Any personnel of a medical facility or facility for the
dependent engaged in the admission, examination, care or treatment
of persons or an administrator, manager or other person in charge of
a medical facility or facility for the dependent upon notification by a
member of the staff of the facility.
(c) A coroner.
(d) Any person who maintains or is employed by an agency to
provide personal care services in the home.
(e) Any person who operates, who is employed by or who
contracts to provide services for an intermediary se rvice
organization as defined in [NRS 449.4304.] section 59 of this act.
(f) Any person who maintains or is employed by an agency to
provide nursing in the home.
(g) Any employee of the Department of Health and Human
Services.
(h) Any employee of a law enforcement agency or a county’s
office for protective services or an adult or juvenile probation
officer.
(i) Any person who maintains or is employed by a facility or
establishment that provides care for older persons.
(j) Any person who maintains, is e mployed by or serves as a
volunteer for an agency or service which advises persons regarding
the abuse, neglect or exploitation of an older person and refers them
to persons and agencies where their requests and needs can be met.
(k) Any social worker.
(l) Any person who operates or is employed by a community
health worker pool or with whom a community health worker pool
contracts to provide the services of a community health worker, as
defined in NRS 449.0027.
2. Every physician who, as a member of the staff of a medical
facility or facility for the dependent, has reason to believe that a
nursing assistant or medication aide - certified has engaged in
conduct which constitutes grounds for the denial, suspension or
revocation of a certificate shall notif y the superintendent, manager
or other person in charge of the facility. The superintendent,
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manager or other person in charge shall make a report as required in
subsection 1.
3. A report may be filed by any other person.
4. Any person who in good fait h reports any violation of the
provisions of this chapter to the Executive Director of the Board
pursuant to this section is immune from civil liability for reporting
the violation.
5. As used in this section:
(a) “Agency to provide personal care services in the home” has
the meaning ascribed to it in [NRS 449.0021.] section 3 of this act.
(b) “Community health worker pool” has the meaning ascribed
to it in NRS 449.0028.
(c) “Peer recovery support specialist” has the meaning ascribed
to it in NRS 433.627.
(d) “Peer recovery support specialist supervisor” has the
meaning ascribed to it in NRS 433.629.
Sec. 139. NRS 633.191 is hereby amended to read as follows:
633.191 1. Five members of the Board must:
(a) Be licensed under this chapter;
(b) Be actually engaged in the practice of osteopathic medicine
in this State; and
(c) Have been so engaged in this State for a period of more than
5 years preceding their appointment.
2. One member of the Board must be a resident of the State of
Nevada and must represent the interests of persons or agencies that
regularly provide health care to patients who are indigent, uninsured
or unable to afford health care. This member must not be licensed
under the provisions of this chapter.
3. The remaining memb er of the Board must be a resident of
the State of Nevada who is:
(a) Not licensed in any state to practice any healing art;
(b) Not the spouse or the parent or child, by blood, marriage or
adoption, of a person licensed in any state to practice any heal ing
art; and
(c) Not actively engaged in the administration of any medical
facility or facility for the dependent as defined in chapter 449 of
NRS [.] or any agency to provide personal care services in the
home as defined in section 3 of this act.
Sec. 140. NRS 633.471 is hereby amended to read as follows:
633.471 1. Except as otherwise provided in subsection 15
and NRS 633.491, every holder of a license, except a physician
assistant or an anesthesiologist assistant, issued under this chapter,
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except a temporary or a special license, may renew the license on or
before January 1 of each calendar year after its issuance by:
(a) Applying for renewal on forms provided by the Board;
(b) Paying the annual license renewal fee specified in this
chapter;
(c) Submitting a list of all actions filed or claims submitted to
arbitration or mediation for malpractice or negligence against the
holder during the previous year;
(d) Subject to subsection 14, submitting evidence to the Board
that in the year preceding th e application for renewal the holder has
attended courses or programs of continuing education approved by
the Board in accordance with regulations adopted by the Board
totaling a number of hours established by the Board which must not
be less than 35 hours nor more than that set in the requirements for
continuing medical education of the American Osteopathic
Association; and
(e) Submitting all information required to complete the renewal.
2. The Secretary of the Board shall notify each licensee of the
requirements for renewal not less than 30 days before the date of
renewal.
3. The Board shall request submission of verified evidence of
completion of the required number of hours of continuing medical
education annually from a percentage of the applicants for renewal
of a license to practice osteopathic medicine or a license to practice
as a physician assistant or anesthesiologist assistant determined by
the Board. Subject to subsection 14, upon a request from the Board,
an applicant for renewal of a licen se to practice osteopathic
medicine or a license to practice as a physician assistant or
anesthesiologist assistant shall submit verified evidence satisfactory
to the Board that in the year preceding the application for renewal
the applicant attended cours es or programs of continuing medical
education approved by the Board totaling the number of hours
established by the Board.
4. The Board shall require each holder of a license to practice
osteopathic medicine to complete a course of instruction within 2
years after initial licensure that provides at least 2 hours of
instruction on evidence -based suicide prevention and awareness as
described in subsection 9.
5. The Board shall encourage each holder of a license to
practice osteopathic medicine to receive , as a portion of his or her
continuing education, training concerning methods for educating
patients about how to effectively manage medications, including,
without limitation, the ability of the patient to request to have the
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symptom or purpose for which a drug is prescribed included on the
label attached to the container of the drug.
6. The Board shall encourage each holder of a license to
practice osteopathic medicine or as a physician assistant to receive,
as a portion of his or her continuing educat ion, training and
education in the diagnosis of rare diseases, including, without
limitation:
(a) Recognizing the symptoms of pediatric cancer; and
(b) Interpreting family history to determine whether such
symptoms indicate a normal childhood illness or a condition that
requires additional examination.
7. The Board shall require, as part of the continuing education
requirements approved by the Board, the biennial completion by a
holder of a license to practice osteopathic medicine of at least 2
hours o f continuing education credits in ethics, pain management,
care of persons with addictive disorders or the screening, brief
intervention and referral to treatment approach to substance use
disorder.
8. The continuing education requirements approved by th e
Board must allow the holder of a license as an osteopathic
physician, physician assistant or anesthesiologist assistant to receive
credit toward the total amount of continuing education required by
the Board for the completion of a course of instruction relating to
genetic counseling and genetic testing.
9. The Board shall require each holder of a license to practice
osteopathic medicine to receive as a portion of his or her continuing
education at least 2 hours of instruction every 4 years on evidence-
based suicide prevention and awareness which may include, without
limitation, instruction concerning:
(a) The skills and knowledge that the licensee needs to detect
behaviors that may lead to suicide, including, without limitation,
post-traumatic stress disorder;
(b) Approaches to engaging other professionals in suicide
intervention; and
(c) The detection of suicidal thoughts and ideations and the
prevention of suicide.
10. A holder of a license to practice osteopathic medicine may
not substitute the continuing education credits relating to suicide
prevention and awareness required by this section for the purposes
of satisfying an equivalent requirement for continuing education in
ethics.
11. The Board shall require each holder of a li cense to practice
osteopathic medicine to complete at least 2 hours of training in the
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screening, brief intervention and referral to treatment approach to
substance use disorder within 2 years after initial licensure.
12. The Board shall require each psy chiatrist or a physician
assistant practicing under the supervision of a psychiatrist to
biennially complete one or more courses of instruction that provide
at least 2 hours of instruction relating to cultural competency and
diversity, equity and inclusion. Such instruction:
(a) May include the training provided pursuant to NRS 449.103
[,] or section 34 of this act, where applicable.
(b) Must be based upon a range of research from diverse
sources.
(c) Must address persons of different cultural backgrou nds,
including, without limitation:
(1) Persons from various gender, racial and ethnic
backgrounds;
(2) Persons from various religious backgrounds;
(3) Lesbian, gay, bisexual, transgender and questioning
persons;
(4) Children and senior citizens;
(5) Veterans;
(6) Persons with a mental illness;
(7) Persons with an intellectual disability, developmental
disability or physical disability; and
(8) Persons who are part of any other population that a
psychiatrist or physician assistant pr acticing under the supervision
of a psychiatrist may need to better understand, as determined by the
Board.
13. The Board shall require each holder of a license to practice
osteopathic medicine or as a physician assistant who provides or
supervises the provision of emergency medical services in a hospital
or primary care to complete at least 2 hours of training in the stigma,
discrimination and unrecognized bias toward persons who have
acquired or are at a high risk of acquiring human immunodeficiency
virus within 2 years after beginning to provide or supervise the
provision of such services or care.
14. The Board shall not require a physician assistant to receive
or maintain certification by the National Commission on
Certification of Physician Assistan ts, or its successor organization,
or by any other nationally recognized organization for the
accreditation of physician assistants to satisfy any continuing
education requirement pursuant to paragraph (d) of subsection 1 and
subsection 3.
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15. Members of the Armed Forces of the United States and the
United States Public Health Service are exempt from payment of the
annual license renewal fee during their active duty status.
16. As used in this section, “primary care” means the practice
of family medicin e, pediatrics, internal medicine, obstetrics and
gynecology and midwifery.
Sec. 141. NRS 641.220 is hereby amended to read as follows:
641.220 1. To renew a license issued pursuant to this chapter,
each person must, on or before the first day of January of each odd-
numbered year:
(a) Apply to the Board for renewal;
(b) Pay the biennial fee for the renewal of a license;
(c) Submit evidence to the Board of completion of the
requirements for continuing education as set forth in regulations
adopted by the Board; and
(d) Submit all information required to complete the renewal.
2. Upon renewing his or her license, a psychologist shall
declare his or her areas of competence, as determined in accordance
with NRS 641.112.
3. The Board shall, as a prerequisite for the renewal of a
license, require each holder to comply with the requirements for
continuing education adopted by the Board.
4. The requirements for continuing education adopted by the
Board pursuant to subsection 3 must include, without limitation:
(a) A requirement that the holder of a license receive at least 2
hours of instruction on evidence -based suicide prevention and
awareness or another course of instruction on suicide prevention and
awareness that is approved by the Board which the Board has
determined to be effective and appropriate. The hours of instruction
required by this paragraph must be completed within 2 years after
initial licensure and at least every 4 years thereafter.
(b) A requirement that the holder of a license m ust biennially
receive at least 6 hours of instruction relating to cultural competency
and diversity, equity and inclusion. Such instruction:
(1) May include the training provided pursuant to NRS
449.103 [,] or section 34 of this act, where applicable.
(2) Must be based upon a range of research from diverse
sources.
(3) Must address persons of different cultural backgrounds,
including, without limitation:
(I) Persons from various gender, racial and ethnic
backgrounds;
(II) Persons from various religious backgrounds;
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(III) Lesbian, gay, bisexual, transgender and questioning
persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability,
developmental disability or physical disability; and
(VIII) Persons who are part of any other population that
the holder of a license may need to better understand, as determined
by the Board.
Sec. 142. NRS 641A.260 is hereby amended to r ead as
follows:
641A.260 1. To renew a license to practice as a marriage and
family therapist or clinical professional counselor issued pursuant to
this chapter, each person must, on or before 10 business days after
the date of expiration of his or her current license:
(a) Apply to the Board for renewal;
(b) Pay the fee for the biennial renewal of a license set by the
Board;
(c) Submit evidence to the Board of completion of the
requirements for continuing education as set forth in regulations
adopted by the Board, unless the Board has granted a waiver
pursuant to NRS 641A.265; and
(d) Submit all information required to complete the renewal.
2. Except as otherwise provided in NRS 641A.265, the Board
shall, as a prerequisite for the renewal of a licen se to practice as a
marriage and family therapist or clinical professional counselor,
require each holder to comply with the requirements for continuing
education adopted by the Board, which must include, without
limitation:
(a) A requirement that the ho lder receive at least 2 hours of
instruction on evidence -based suicide prevention and awareness or
another course of instruction on suicide prevention and awareness
that is approved by the Board which the Board has determined to be
effective and appropriate.
(b) A requirement that the holder receive at least 6 hours of
instruction relating to cultural competency and diversity, equity and
inclusion. Such instruction:
(1) May include the training provided pursuant to NRS
449.103 [,] or section 34 of this act, where applicable.
(2) Must be based upon a range of research from diverse
sources.
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(3) Must address persons of different cultural backgrounds,
including, without limitation:
(I) Persons from various gender, racial and ethnic
backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning
persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability,
developmental disability or physical disability; and
(VIII) Persons who are part of any other population that a
marriage and family therapist or clinical professional counselor may
need to better understand, as determined by the Board.
Sec. 143. NRS 641B.280 is hereby amended to read as
follows:
641B.280 1. Every holder of a license issued pursuant to this
chapter may renew his or her license annually by:
(a) Applying to the Board for renewal;
(b) Paying the annual renewal fee set by the Board;
(c) Except as otherwise provided in NRS 641B.295, submitting
evidence to the Board of completion of the required continuing
education as set forth in regulations adopted by the Board; and
(d) Submitting all information required to complete the renewal.
2. Except as otherwise provided in NRS 641B.295, the Board
shall, as a prerequisite for the renewal of a license, require the
holder to comply with the requirements for continu ing education
adopted by the Board, which must include, without limitation:
(a) A requirement that every 2 years the holder receive at least 2
hours of instruction on evidence -based suicide prevention and
awareness or another course of instruction on suicide prevention and
awareness that is approved by the Board which the Board has
determined to be effective and appropriate.
(b) A requirement that every 2 years the holder receive at least 6
hours of instruction relating to cultural competency and diversit y,
equity and inclusion. Such instruction:
(1) May include the training provided pursuant to NRS
449.103 [,] or section 34 of this act, where applicable.
(2) Must be based upon a range of research from diverse
sources.
(3) Must address persons of different cultural backgrounds,
including, without limitation:
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(I) Persons from various gender, racial and ethnic
backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transgender and questioning
persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability,
developmental disability or physical disability; and
(VIII) Persons who are part of any other population that
the holder of a license issued pursuant to this chapter may need to
better understand, as determined by the Board.
Sec. 144. NRS 641C.450 is hereby amended to read as
follows:
641C.450 Except as otherwise provided in NRS 641C.310,
641C.320, 641C.440 and 641C.530, a person may renew his or her
license or certificate by submitting to the Board:
1. An application for the renewal of the license or certificate.
2. The fee for the renewal of a license or certificate prescribed
in NRS 641C.470.
3. Evidence of completion of the continuing education required
by the Board, which must include, without limitation:
(a) A requirement that the applicant receive at least 1 hour of
instruction on evidence -based suicide prevention and awareness or
another course of i nstruction on suicide prevention and awareness
that is approved by the Board which the Board has determined to be
effective and appropriate for each year of the term of the applicant’s
licensure or certification.
(b) A requirement that the applicant recei ve at least 3 hours of
instruction relating to cultural competency and diversity, equity and
inclusion for each year of the term of the applicant’s licensure or
certification. Such instruction:
(1) May include the training provided pursuant to NRS
449.103 [,] or section 34 of this act, where applicable.
(2) Must be based upon a range of research from diverse
sources.
(3) Must address persons of different cultural backgrounds,
including, without limitation:
(I) Persons from various gender, racial and ethnic
backgrounds;
(II) Persons from various religious backgrounds;
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(III) Lesbian, gay, bisexual, transgender and questioning
persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability,
developmental disability or physical disability; and
(VIII) Persons who are part of any other population that
the holder of a license or certificate may need to better unde rstand,
as determined by the Board.
4. If the applicant is a certified intern, the name of the licensed
or certified counselor who supervises the applicant.
5. All information required to complete the renewal.
Sec. 145. NRS 641D.360 is hereby amended to read as
follows:
641D.360 1. To renew a license as a behavior analyst or
assistant behavior analyst or registration as a registered behavior
technician, each person must, on or before the first day of January of
each odd-numbered year:
(a) Apply to the Board for renewal;
(b) Pay the biennial fee for the renewal of a license or
registration;
(c) Submit evidence to the Board:
(1) Of completion of the requirements for continuing
education as set forth in regulations adopted by the Board, if
applicable; and
(2) That the person’s certification or registration, as
applicable, by the Behavior Analyst Certification Board, Inc., or its
successor organization, remains valid and the holder remains in
good standing; and
(d) Submit all information required to complete the renewal.
2. In addition to the requirements of subsection 1, to renew
registration as a registered behavior technician for the third time and
every third renewal thereafter, a person must submit to an
investigation of his or her criminal history in the manner prescribed
in paragraph (b) of subsection 1 of NRS 641D.300.
3. The Board shall adopt regulations that require, as a
prerequisite for the renewal of a license as a behavior analyst or
assistant behavior analyst, each holder to comp lete continuing
education, which must:
(a) Be consistent with nationally recognized standards for the
continuing education of behavior analysts or assistant behavior
analysts, as applicable.
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(b) Include, without limitation, a requirement that the holder of a
license receive at least 2 hours of instruction on evidence -based
suicide prevention and awareness.
(c) Include, without limitation, a requirement that the holder of a
license as a behavior analyst receive at least 6 hours of instruction
relating to cultural competency and diversity, equity and inclusion.
Such instruction:
(1) May include the training provided pursuant to NRS
449.103 [,] or section 34 of this act, where applicable.
(2) Must be based upon a range of research from diverse
sources.
(3) Must address persons of different cultural backgrounds,
including, without limitation:
(I) Persons from various gender, racial and ethnic
backgrounds;
(II) Persons from various religious backgrounds;
(III) Lesbian, gay, bisexual, transge nder and questioning
persons;
(IV) Children and senior citizens;
(V) Veterans;
(VI) Persons with a mental illness;
(VII) Persons with an intellectual disability,
developmental disability or physical disability; and
(VIII) Persons who are part of any other population that a
behavior analyst may need to better understand, as determined by
the Board.
4. The Board shall not adopt regulations requiring a registered
behavior technician to receive continuing education.
Sec. 146. NRS 652.074 is hereby amended to read as follows:
652.074 The provisions of this chapter do not apply to any:
1. Test or examination conducted by a law enforcement officer
or agency;
2. Test or examination required by a court as a part of or in
addition to a program of treatment and rehabilitation pursuant to
NRS 176A.230; or
3. Task performed in accordance with the regulations adopted
by the Board pursuant to NRS 449.0304 or [449.4309.] section 14
or 61 of this act.
Sec. 147. 1. The provisions of NAC 449 .395 to 449.39561,
inclusive, 449.396 to 449.3982, inclusive, and 449.870 to 449.882,
inclusive, shall be deemed to have been adopted pursuant to section
9, 13, 14, 48, 60, 61, 63, 66, 72, 73, 75, 77, 79, 81, 83, 86, 87 or 88
of this act, as applicable, and continue in effect until amended or
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repealed. The Legislative Counsel shall, in preparing supplements to
the Nevada Administrative Code, move the regulations described in
this subsection from chapter 449 of the Nevada Administrative Code
to a new chapter of the Nevada Administrative Code that
corresponds with the chapter of the Nevada Revised Statutes
consisting of sections 2 to 90, inclusive, of this act.
2. As soon as practicable after the effective date of this act, the
State Board of Health shall adopt regulations to replace any
regulations adopted by the State Board of Health that have been
codified in chapter 449 of the Nevada Administrative Code and
apply to agencies to provide personal care services in the home,
employment agencies to provide nonmedical services or
intermediary service organizations, other than the regulations
described in subsection 1. The existing regulations described in this
section continue to apply to those entities until the effective date of
the regulations adopted pursuant to this section.
3. As used in this section:
(a) “Agency to provide personal care services in the home” has
the meaning ascribed to it in section 3 of this act.
(b) “Employment agency” means an employment agency
licensed pursuant to section 9 of this act.
(c) “Intermediary service organization” has the meaning
ascribed to it in section 59 of this act.
Sec. 148. 1. A license to operate an agency to provide
personal care services in the home issued pursuant to NRS 449.080,
a license to operate an employment agency that contracts with
persons in this State to provide nonmedical services related to
personal care to elderly persons or persons with disabilities in the
home issued by the State Board of Health pursuant to NRS
449.03005 or a certificate to operate an intermediary service
organization issued by the Division pursuant to NRS 449.4317 that
is valid on the effective date of this act, remains valid until its date
of expiration, if the holder of the license or cer tificate otherwise
remains qualified for the issuance or renewal of the license or
certificate on or after the effective date of this act.
2. Any valid training completed on or before the effective date
of this act, by an operator, employee or contractor of an agency to
provide personal care services in the home, an employment agency
to provide nonmedical services or an intermediary service
organization, an applicant for a license or certificate to operate such
an agency or organization pursuant to NRS 44 9.03005, 449.0304,
449.0925, 449.093, 449.103, 449.194 or 449.4309 or a caregiver
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chosen by a recipient of Medicaid pursuant to NRS 422.3965
remains valid for the purposes for which it was completed.
3. Any disciplinary or other administrative action tak en by the
Division against an agency to provide personal care services in the
home, employment agency that contracts with persons in this State
to provide nonmedical services or intermediary service organization
that is effective on the effective date of t his act, remains in effect
after that date until the expiration of the action.
4. As used in this section:
(a) “Agency to provide personal care services in the home” has
the meaning ascribed to it in section 3 of this act.
(b) “Division” means Division of Public and Behavioral Health
of the Department of Health and Human Services.
(c) “Employment agency to provide nonmedical services”
means an employment agency licensed pursuant to section 9 of this
act.
(d) “Intermediary service organization” has th e meaning
ascribed to it in section 59 of this act.
Sec. 149. The provisions of subsection 1 of NRS 218D.380 do
not apply to any provision of this act which adds or revises a
requirement to submit a report to the Legislature.
Sec. 150. NRS 449.0021, 449.00325, 449.01517, 449.03005,
449.03017, 449.1935, 449.4304, 449.4308, 449.4309, 449.431,
449.4311, 449.4312, 449.4313, 449.4314, 449.4315, 449.4316,
449.4317, 449.4318, 449.4319, 449.432, 449.4321, 449.4322,
449.4324, 449.4325, 449.4327, 449.4329, 449. 43295, 449.433,
449.4331, 449.4332, 449.4335, 449.4336, 449.4337, 449.4338 and
449.4339 are hereby repealed.
Sec. 151. 1. This act becomes effective upon passage and
approval.
2. Sections 20, 21, 50, 64, 65 and 76 of this act expire by
limitation on the date of the repeal of the provisions of 42 U.S.C. §
666 requiring each state to establish procedures under which the
state has authority to withhold or suspend, or to restrict the use of
professional, occupational and recreational licenses of persons who:
(a) Have failed to comply with a subpoena or warrant relating to
a proceeding to determine the paternity of a child or to establish or
enforce an obligation for the support of a child; or
(b) Are in arrears in the payment for the support of one or mor e
children.
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