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- 83rd Session (2025)
Assembly Bill No. 60–Committee on
Health and Human Services
CHAPTER..........
AN ACT relating to behavioral health; requiring the certification of
a natural person who holds himself or herself out as a
certified prevention specialist; prohibiting a minor from
providing or supervising the provision of peer recovery
support services; authorizing the imposition of civil penalties
for certain violations; prohibiting the employment or
retention as an independent contractor of a natural person to
serve as a certified prevention specialist in a position where
the natural person has regular and substantial contact with
minors if the natural person has been found to have engaged
in certain cond uct; requiring a certified prevention specialist
to report certain information; requiring a substance use
disorder prevention coalition to employ or enter into
contracts with certified prevention specialists for certain
purposes; and providing other matter s properly relating
thereto.
Legislative Counsel’s Digest:
In general, existing law requires an adult to be certified as a peer recovery
support specialist or peer recovery support specialist supervisor by the Nevada
Certification Board or, if that Board ceases issuing such certificates, the Division of
Public and Behavioral Health of the Department of Health and Human Services, in
order to provide peer recovery support services or supervise the provision of such
services, as applicable, for compensation a s a regular part of his or her job duties.
However, existing law authorizes an adult who is not a peer recovery support
specialist to provide peer recovery support services as a regular part of his or her
job duties while serving as a peer recovery support specialist intern if the Nevada
Certification Board or the Division, as applicable, has established conditions
authorizing such internships. (NRS 433.631) Section 7 of this bill additionally
prohibits a minor from providing or supervising the provision of peer recovery
support services for compensation as a regular part of his or her job duties. Sections
7, 8 and 13 of this bill authorize the Division to impose a civil penalty or bring an
action for an injunction against a minor who: (1) provides peer reco very support
services; or (2) supervises the provision of peer recovery support services. Sections
4-6, 14 and 15 of this bill make various conforming changes to: (1) reflect that the
provisions of law governing peer recovery support services apply to both adults and
minors; and (2) clarify that those provisions of law apply only to natural persons.
Section 25 of this bill repeals a definition that is no longer used, and section 2 of
this bill eliminates a reference to that definition.
Sections 3, 7 and 8 of this bill prohibit a natural person from holding himself
or herself out as a certified prevention specialist unless he or she is certified as such
by the Nevada Certification Board or, if that Board ceases to certify certified
prevention specialists, p eer recovery support specialists or peer recovery support
specialist supervisors, the Division. Section 1 of this bill defines “certified
prevention specialist” to mean a natural person who: (1) holds such certification;
and (2) supervises, reviews and implements evidence -based programs , policies,
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practices and other culturally relevant interventions in schools or communities to
prevent or reduce the harms caused by substance use, substance use disorder and
other behavioral health disorders or address systemic barriers to wellness. Section 2
of this bill makes conforming changes to indicate the applicability of that
definition. Sections 7 and 13 authorize the Division to impose a civil penalty or
bring an action for an injunction against a natural person who holds himself or
herself out as a certified prevention specialist without being certified as such.
Sections 9-12, 14-17 and 19-23 of this bill make various changes so that certified
prevention specialists are treated similarly to peer recovery support spe cialists and
peer recovery support specialist supervisors for purposes related to: (1) regulation,
certification and background checks; (2) mandatory reporting of certain crimes and
violations; and (3) exemption from the applicability of provisions of law governing
certain other professions that provide behavioral health services.
Existing law: (1) provides for the certification of substance use disorder
prevention coalitions; (2) requires a certified substance use disorder prevention
coalition to perform certain duties relating to the prevention of substance misuse
and substance use disorder; and (3) requires the Division to collaborate with and
utilize certified substance use disorder prevention coalitions as the primary local
and regional entities to co ordinate programs and strategies for the prevention of
substance use disorders in this State. (NRS 458.033) Section 18 of this bill requires
a substance use disorder prevention coalition to employ or enter into contracts with
certified prevention specialists as necessary to perform the duties of the coalition.
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. Chapter 433 of NRS is hereby amended by adding
thereto a new section to read as follows:
“Certified prevention specialist” means a natural person who:
1. Supervises, reviews and implements evidence -based
programs, policies, practices and other culturally relevant
interventions in schools or communities to:
(a) Prevent sub stance use, early -onset substance use,
substance use disorder and other behavioral health disorders;
(b) Reduce the harms caused by substance use, substance use
disorder and other behavioral health disorders; or
(c) Address systemic barriers to wellness for the purposes of
improving public health and reducing the frequency of substance
misuse, substance use disorder and other behavioral health
disorders; and
2. Is authorized under the provisions of NRS 433.631 to hold
himself or herself out as a certified prevention specialist.
Sec. 2. NRS 433.622 is hereby amended to read as follows:
433.622 As used in NRS 433.622 to 433.641, inclusive, and
section 1 of this act, unless the context otherwise requires, the
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words and terms defined in NRS [433.623] 433.624 to 433.629,
inclusive, and section 1 of this act have the meanings ascribed to
them in those sections.
Sec. 3. NRS 433.625 is hereby amended to read as follows:
433.625 “Certificate” means a certificate issued by the
Division that authorizes the holder to hold himself or herself out as
a certified prevention specialist or provide or supervise the
provision of peer recovery support services, as applicable.
Sec. 4. NRS 433.627 is hereby amended to read as follows:
433.627 “Peer recovery support specialist” means [an adult] a
natural person who is authorized under the provisions of NRS
433.631 to provide peer recovery support services for compensation
as a regular part of his or her job duties. The term does not include a
peer recovery support specialist intern.
Sec. 5. NRS 433.628 is hereby amended to read as follows:
433.628 “Peer recovery support specialist intern” means [an
adult] a natural person who is authorized under the provisions of
NRS 433.631 to provide peer recovery support services for
compensation as a regular part of his or her job duties while the
[adult] natural person is acquiring the experience necessary for
certification as a peer recovery support specialist.
Sec. 6. NRS 433.629 is hereby amended to read as follows:
433.629 “Peer recovery support specialist supervisor” means
[an adult] a natural person who is authorized under the provisions
of NRS 433.631 to supervise the provisi on of peer recovery support
services for compensation as a regular part of his or her job duties.
Sec. 7. NRS 433.631 is hereby amended to read as follows:
433.631 1. Except as authorized by subsection 2, [an adult] a
natural person shall not:
(a) Provide peer recovery support services for compensation as a
regular part of his or her job duties or hold himself or herself out as
authorized to provide peer recovery support services unless he or
she [holds] :
(1) Is at least 18 years of age; and
(2) Holds a valid certificate as a peer recovery support
specialist issued by the Nevada Certification Board or its successor
organization.
(b) Supervise the provision of peer recovery support services for
compensation as a regular part of his or her job duties or hold
himself or herself out as authorized to supervise the provision of
peer recovery support services unless he or she [holds] :
(1) Is at least 18 years of age; and
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(2) Holds a valid certificate as a peer recovery support
specialist supervisor issued by the Nevada Certification Board or its
successor organization.
(c) Hold himself or herself out as a certified prevention
specialist unless he or she:
(1) Is at least 18 years of age; and
(2) Holds a valid certificate as a certified prevention
specialist issued by the Nevada Certification Board or its successor
organization.
2. If the Nevada Certification Board or its successor
organization establishes conditions governing the provision of peer
recovery support services by a natural person who is not certified as
a peer recovery support specialist while the natural person is
acquiring the experience necessary for certification as a peer
recovery support specialist, [an adult ] a natural person who is at
least 18 years of age and is not certified as a peer recovery support
specialist may:
(a) Provide peer recovery support services for compensation as a
regular part of his or her job duties under those conditions; and
(b) Use the title of “peer recovery support specialist intern”
while providing peer recovery support services under those
conditions.
3. The Division may impose upon [an adult] a natural person
who violates this sect ion a civil penalty in an amount prescribed by
regulation of the Board.
Sec. 8. NRS 433.631 is hereby amended to read as follows:
433.631 1. Except as authorized by subsection 2, [an adult] a
natural person shall not:
(a) Provide peer recovery support services for compensation as a
regular part of his or her job duties or hold himself or herself out as
authorized to provide peer recovery support services unless he or
she [holds] :
(1) Is at least 18 years of age; and
(2) Holds a valid certif icate as a peer recovery support
specialist issued by the Division.
(b) Supervise the provision of peer recovery support services for
compensation as a regular part of his or her job duties or hold
himself or herself out as authorized to supervise the pro vision of
peer recovery support services unless he or she [holds] :
(1) Is at least 18 years of age; and
(2) Holds a valid certificate as a peer recovery support
specialist supervisor issued by the Division.
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(c) Hold himself or herself out as a certif ied prevention
specialist unless he or she:
(1) Is at least 18 years of age; and
(2) Holds a valid certificate as a certified prevention
specialist issued by the Division.
2. The Division may adopt regulations establishing conditions
under which [an adult] a natural person who is at least 18 years of
age and is not certified as a peer recovery support specialist may:
(a) Provide peer recovery support services for compensation as a
regular part of his or her job duties while acquiring the experience
necessary for certification; and
(b) Use the title of “peer recovery support specialist intern.”
3. The Division may impose upon [an adult] a natural person
who violates this section a civil penalty in an amount prescribed by
regulation of the Board.
Sec. 9. NRS 433.632 is hereby amended to read as follows:
433.632 1. The Board shall adopt regulations governing the
practice of certified prevention specialists and the provision of peer
recovery support services. The regulations must prescribe:
(a) The requirements for the issuance and renewal of a
certificate as a certified prevention specialist, peer recovery support
specialist or peer recovery support specialist supervisor, which must
include, without limitation, required training and experience f or
certified prevention specialists, peer recovery support specialists
and peer recovery support specialist supervisors.
(b) Requirements governing the supervision of peer recovery
support specialists by peer recovery support specialist supervisors.
(c) Procedures for the Division to investigate misconduct by a
certified prevention specialist, peer recovery support specialist or
peer recovery support specialist supervisor and to impose
disciplinary action for such misconduct.
(d) The forms of disciplinar y action that the Division may
impose against a certified prevention specialist, peer recovery
support specialist or peer recovery support specialist supervisor.
2. The Board may, by regulation, prescribe a fee for:
(a) The issuance of a certificate; and
(b) The renewal of a certificate.
3. Any fee prescribed pursuant to subsection 2 must be
calculated to produce the revenue estimated to cover the costs
related to the issuance and renewal of certificates, but in no case
may the fee for the issuance or renewal of a certificate exceed the
actual cost to the Division of issuing or renewing the certificate, as
applicable.
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4. The regulations adopted pursuant to this section may
establish exemptions from the provisions of NRS 433.631.
Sec. 10. NRS 433.635 is hereby amended to read as follows:
433.635 1. The Division may issue a certificate by
endorsement as a certified prevention specialist, peer recovery
support specialist or peer recovery support specialist supervisor to
an applicant who meets the requirements set forth in this section. An
applicant may submit to the Division an application for such a
certificate if the applicant holds a corresponding valid and
unrestricted license, certificate or other credential as a certified
prevention specialist, peer recovery support specialist or peer
recovery support specialist supervisor, as applicable, in the District
of Columbia or any state or territory of the United States.
2. An applicant for a certificate by endorsement pursuant to
this section must submit to the Division with his or her application:
(a) Proof satisfactory to the Division that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the
corresponding regulatory authority of the District of Columbia or
any state or territory in which the applicant currently holds or has
held a license, certificate or other credential as a certified
prevention specialist, peer recovery support specialist or peer
recovery support specialist supervisor, as applicable; and
(3) Has not been held civilly or criminally liable for
malpractice in the District of Columbia or any state or territory of
the United States;
(b) An affidavit stating that the information contained in the
application and any accompanying material is true and correct;
(c) The fee prescribed by the Board in the regulations adopted
pursuant to NRS 433.632; and
(d) Any other information required by the Division.
3. Not later than 15 business days after the Division receives an
application for a certificate by endorsement as a certified prevention
specialist, peer recovery support specialist or peer recovery support
specialist supervisor pursuant to this section, the Division shall
provide written notice to the applicant of any additional information
required by the Division to consider the application. Unless the
Division denies the application for good cause, the Division shall
approve the application and issue a cer tificate by endorsement as a
certified prevention specialist, peer recovery support specialist or
peer recovery support specialist supervisor, as applicable, to the
applicant not later than 45 days after receiving the application.
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Sec. 11. NRS 433.636 is hereby amended to read as follows:
433.636 1. The Division may issue a certificate by
endorsement as a certified prevention specialist, peer recovery
support specialist or peer recovery support specialist supervisor to
an applicant who meets the requirements set forth in this section. An
applicant may submit to the Division an application for such a
certificate if the applicant:
(a) Holds a corresponding valid and unrestricted license,
certificate or other credential as a certified prevention specialis t,
peer recovery support specialist or peer recovery support specialist
supervisor, as applicable, in the District of Columbia or any state or
territory of the United States; and
(b) Is an active member of, or the spouse of an active member
of, the Armed Forces of the United States, a veteran or the spouse,
widow or widower of a veteran.
2. An applicant for a certificate by endorsement pursuant to
this section must submit to the Division with his or her application:
(a) Proof satisfactory to the Division that the applicant:
(1) Satisfies the requirements of subsection 1;
(2) Has not been disciplined or investigated by the
corresponding regulatory authority of the District of Columbia or
any state or territory in which the applicant currently holds or has
held a license, certificate or other credential as a certified
prevention specialist, peer recovery support specialist or peer
recovery support specialist supervisor, as applicable; and
(3) Has not been held civilly or criminally liable for
malpractice in the District of Columbia or any state or territory of
the United States;
(b) An affidavit stating that the information contained in the
application and any accompanying material is true and correct;
(c) The fee prescribed by the Board in the regulations adopted
pursuant to NRS 433.632; and
(d) Any other information required by the Division.
3. Not later than 15 business days after the Division receives an
application for a certificate by endorsement as a certified prevention
specialist, peer recovery support specialist or peer recovery support
specialist supervisor pursuant to this section, the Division shall
provide written notice to the applicant of any additional information
required by the Division to consider the application. Unless the
Division denies the application for good cause, the Division shall
approve the application and issue a certificate by endorsement as a
certified prevention specialist, peer recovery support specialist or
peer recovery support specialist supervisor, as app licable, to the
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applicant not later than 45 days after receiving all the additional
information required by the Division to complete the application.
4. At any time before making a final decision on an application
for a certificate by endorsement pursuan t to this section, the
Division may grant a provisional certificate authorizing an applicant
to hold himself or herself out as a certified prevention specialist or
practice as a peer recovery support specialist or peer recovery
support specialist superviso r, as applicable, in accordance with
regulations adopted by the Board.
5. As used in this section, “veteran” has the meaning ascribed
to it in NRS 417.005.
Sec. 12. NRS 433.637 is hereby amended to read as follows:
433.637 1. In addition to any othe r requirements set forth in
NRS 433.622 to 433.641, inclusive, an applicant for the renewal of a
certificate as a certified prevention specialist, recovery support
specialist or recovery support specialist supervisor 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 upon
compliance with the provisions of chapter 76 of NRS.
2. A certificate may not be renewed 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;
(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. 13. NRS 433.638 is hereby amended to read as follows:
433.638 1. The Division may bring an action in the name of
the State of Nevada to enjoin any [adult] natural person from
engaging in conduct that violates the provisions of NRS 433.631.
2. It is sufficient in such an action to allege that the defendant
did, on a certain date and in a certain place, engage in conduct for
which a certificate is required by NRS 433.631 without a valid
certificate.
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Sec. 14. NRS 433.639 is hereby amended to read as follows:
433.639 1. Not later than 3 days after employin g a natural
person to serve as a certified prevention specialist or provide or
supervise the provision of peer recovery support services in a
position where the natural person has regular and substantial
contact with minors or retaining a natural person as an independent
contractor to serve as a certified prevention specialist or provide or
supervise the provision of peer recovery support services in such a
position and every 5 years thereafter, an employer, or person or
entity who retained the independent contractor, shall:
(a) Obtain from the employee or independent contractor written
authorization for the release of any information that may be
available from the Statewide Central Registry for the Collection of
Information Concerning the Abuse or Neglect of a Child established
pursuant to NRS 432.100; and
(b) Complete a child abuse and neglect screening through the
Central Registry to determine whether there has been a substantiated
report of child abuse or neglect or a violation of NRS 201.540,
201.553, 201.560, 392.4633 or 394.366 made against the natural
person.
2. Except as otherwise provided in any regulations adopted
pursuant to subsection 4, upon receiving information pursuant to
subsection 1 from the Central Registry or from any other source that
an employee or independent contractor described in subsection 1
has, within the immediately preceding 5 years, had a substantiated
report of child abuse or neglect or a violation of NRS 201.540,
201.553, 201.560, 392.4633 or 394.366 made against him or her, the
employer or person or entity who retained the independent
contractor shall terminate the employment or contract of the
employee or independent contractor, as applicable, after allowing
the employee or independent contractor time to correct the
information as required pursuant to subsection 3.
3. If an employee or independent contractor described in
subsection 1 believes that the information provided to the employer
or person or entity who retained the independent contractor pursuant
to subsection 2 is incorrect, the employee or independent contractor
must inform the employer, person or entity immediately. The
employer, person or entity shall give any such employee or
independent contractor 30 days to correct the information.
4. The Divisi on, in consultation with each agency which
provides child welfare services, may establish by regulation a
process by which it may review evidence upon request to determine
whether an employee or independent contractor described in
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subsection 1 who has, wit hin the immediately preceding 5 years,
had a substantiated report of child abuse or neglect or a violation of
NRS 201.540, 201.553, 201.560, 392.4633 or 394.366 made against
him or her may continue to serve as a certified prevention specialist
or provide o r supervise the provision of peer recovery support
services , as applicable, and have regular and substantial contact
with minors despite the report. Any such review must be conducted
in a manner which does not discriminate against a natural person in
violation of 42 U.S.C. §§ 2000e et seq.
5. If a process for review is established pursuant to subsection
4, an employee or independent contractor described in subsection 1
may request such a review in the manner established by the
Division. Any determinatio n made by the Division is final for
purposes of judicial review.
6. During any period in which an employee or independent
contractor seeks to correct information pursuant to subsection 3 or
requests a review of information pursuant to subsection 5, it is
within the discretion of the employer or person or entity who
retained the independent contractor whether to allow the employee
or independent contractor to continue to work for the employer,
person or entity, as applicable, except that the employee or
independent contractor shall not have regular and substantial contact
with minors without supervision during such a period.
7. The Division shall adopt regulations to establish civil
penalties to be imposed against any person or entity that fails to
comply with the requirements of this section.
8. As used in this section, “agency which provides child
welfare services” has the meaning ascribed to it in NRS 424.011.
Sec. 15. NRS 433.641 is hereby amended to read as follows:
433.641 1. A person or entit y that employs a natural person
or retains an independent contractor for the purpose of serving as a
certified prevention specialist or providing or supervising the
provision of peer recovery support services in a position where the
natural person has regular and substantial contact with minors shall
maintain records of the information concerning such employees and
independent contractors that is collected pursuant to NRS 433.639,
including, without limitation, the written authorization for the
release of i nformation from the Statewide Central Registry for the
Collection of Information Concerning the Abuse or Neglect of a
Child established pursuant to NRS 432.100.
2. The records maintained pursuant to subsection 1 must be:
(a) Maintained for the period that the employee or independent
contractor has regular and substantial contact with minors; and
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(b) Made available for inspection by the Division at any
reasonable time and copies thereof must be furnished to the Division
upon request.
Sec. 16. 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, isolated 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 Dis ability 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 o f the
Aging and Disability 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.
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 mus t 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, profe ssional
or practical nurse, 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
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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 behavio r analyst, registered behavior
technician, certified prevention specialist, as defined in section 1 of
this act, 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 examines, 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 ho spital or similar institution engaged in
the admission, examination, care or treatment of persons or an
administrator, manager or other person in charge of a hospital or
similar institution upon notification of the suspected abuse, neglect,
exploitation, i solation 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 operates, who is employed by or who
contracts to provide services for an intermediary service
organization as defined in NRS 449.4304.
(g) Any employee of the Departmen t of Health and Human
Services, except the State Long -Term Care Ombudsman 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.
(h) Any employee of a la w 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 or vulnerable
persons.
(j) Any pe rson 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.
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(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 a n 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 appropriate 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 t he Investigation and
Prosecution of Crimes his or her written findings. 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 30 days
after the completion of the report to the:
(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 Human 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.
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9. A person who knowingly and willfully violates 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 Investiga tion and
Prosecution of Crimes Against Older Persons or Vulnerable Persons
in the Office of the Attorney General created pursuant to
NRS 228.265.
Sec. 17. NRS 432B.220 is hereby amended to read as follows:
432B.220 1. Any person who is described in s ubsection 4
and who, in his or her professional or occupational capacity, knows
or has reasonable cause to believe that a child has been abused or
neglected shall:
(a) Except as otherwise provided in subsection 2, report the
abuse or neglect of the child to an agency which provides child
welfare services or to a law enforcement agency; 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 child has been abused or neglected.
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
or neglect of the child involves an act or omission of:
(a) A person directly responsible or serving as a volunteer for or
an employee of a public or private home, institution or facility
where the child is receiving child care outside of the home for a
portion of the day, the person shall make the report to a law
enforcement agency.
(b) An agency which pro vides child welfare 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,
and the investigation of the abuse or neglect of the child must be
made by an agency other than the one alleged to have committed the
act or omission.
3. Any person who is described in paragraph (a) of subsection
4 who delivers or provides medical services to a newborn infant and
who, in his or her professional or occupational capacity, k nows or
has reasonable cause to believe that the newborn infant has been
affected by a fetal alcohol spectrum disorder or prenatal substance
use disorder or has withdrawal symptoms resulting from prenatal
substance exposure shall, as soon as reasonably pra cticable but not
later than 24 hours after the person knows or has reasonable cause to
believe that the newborn infant is so affected or has such symptoms,
notify an agency which provides child welfare services of the
condition of the infant and refer each person who is responsible for
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the welfare of the infant to an agency which provides child welfare
services for appropriate counseling, training or other services. A
notification and referral to an agency which provides child welfare
services pursuant to this subsection shall not be construed to require
prosecution for any illegal action.
4. A report must be made pursuant to subsection 1 by the
following persons:
(a) A person providing services licensed or certified in this State
pursuant to, without lim itation, chapter 450B, 630, 630A, 631, 632,
633, 634, 634A, 634B, 635, 636, 637, 637B, 639, 640, 640A, 640B,
640C, 640D, 640E, 641, 641A, 641B, 641C, 641D or 653 of NRS or
practicing as an emergency medical technician, advanced
emergency medical technician or paramedic in this State under the
Recognition of Emergency Medical Services Personnel Licensure
Interstate Compact ratified by NRS 450B.145.
(b) Any personnel of a medical facility licensed pursuant to
chapter 449 of NRS who are engaged in the admission, examination,
care or treatment of persons or an administrator, manager or other
person in charge of such a medical facility upon notification of
suspected abuse or neglect of a child by a member of the staff of the
medical facility.
(c) A coroner.
(d) A member of the clergy, practitioner of Christian Science or
religious healer, unless the person has acquired the knowledge of the
abuse or neglect from the offender during a confession.
(e) A person employed by a public school or private school and
any person who serves as a volunteer at such a school.
(f) Any person who maintains or is employed by a facility or
establishment that provides care for children, children’s camp or
other public or private facility, institution or agency furnishing ca re
to a child.
(g) Any person licensed pursuant to chapter 424 of NRS to
conduct a foster home.
(h) Any officer or employee of a law enforcement agency or an
adult or juvenile probation officer.
(i) Except as otherwise provided in NRS 432B.225, an attorney.
(j) Any person who maintains, is employed by or serves as a
volunteer for an agency or service which advises persons regarding
abuse or neglect of a child and refers them to persons and agencies
where their requests and needs can be met.
(k) Any person who is employed by or serves as a volunteer for
a youth shelter. As used in this paragraph, “youth shelter” has the
meaning ascribed to it in NRS 244.427.
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(l) Any adult person who is employed by an entity that provides
organized activities for ch ildren, including, without limitation, a
person who is employed by a school district or public school.
(m) Any person who is enrolled with the Division of Health
Care Financing and Policy of the Department of Health and Human
Services to provide doula ser vices to recipients of Medicaid
pursuant to NRS 422.27177.
(n) A certified prevention specialist, as defined in section 1 of
this act, peer recovery support specialist, as defined in
NRS 433.627, or peer recovery support specialist supervisor, as
defined in NRS 433.629.
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 a child
has died as a result of abuse or neglect, the person shall, as soon as
reasonably practicable, report this belief to an agency which
provides child welfare services or a law enforcement agency. If such
a report is made to a law enforcement agency, the law enforcement
agency shall notify an agency which provides child welfare services
and the appropriate medical examiner or coroner of the report. If
such a report is made to an agency which provides child welfare
services, the agency which provides child welfare services shall
notify the appropriate medical examiner or c oroner of the report.
The medical examiner or coroner who is notified of a report
pursuant to this subsection shall investigate the report and submit
his or her written findings to the appropriate agency which provides
child welfare services, the appropria te district attorney and a law
enforcement agency. The written findings must include, if
obtainable, the information required pursuant to the provisions of
subsection 2 of NRS 432B.230.
7. The agency, board, bureau, commission, department,
division or po litical subdivision of the State responsible for the
licensure, certification or endorsement of a person who is described
in subsection 4 and who is required in his or her professional or
occupational capacity to be licensed, certified or endorsed in this
State shall, at the time of initial licensure, certification or
endorsement:
(a) Inform the person, in writing or by electronic
communication, of his or her duty as a mandatory reporter pursuant
to this section;
(b) Obtain a written acknowledgment or electronic record from
the person that he or she has been informed of his or her duty
pursuant to this section; and
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(c) Maintain a copy of the written acknowledgment or electronic
record for as long as the person is licensed, certified or endorsed in
this State.
8. The employer of a person who is described in subsection 4
and who is not required in his or her professional or occupational
capacity to be licensed, certified or endorsed in this State must, upon
initial employment of the person:
(a) Inform the person, in writing or by electronic
communication, of his or her duty as a mandatory reporter pursuant
to this section;
(b) Obtain a written acknowledgment or electronic record from
the person that he or she has been informed of his or her duty
pursuant to this section; and
(c) Maintain a copy of the written acknowledgment or electronic
record for as long as the person is employed by the employer.
9. Before a person may serve as a volunteer at a public school
or private school, the school must:
(a) Inform the person, in writing or by electronic
communication, of his or her duty as a mandatory reporter pursuant
to this section and NRS 392.303;
(b) Obtain a written acknowledgment or electronic record from
the person that he or she has been informed o f his or her duty
pursuant to this section and NRS 392.303; and
(c) Maintain a copy of the written acknowledgment or electronic
record for as long as the person serves as a volunteer at the school.
10. The provisions of subsection 8 do not apply to the
employer of a person practicing as an emergency medical
technician, advanced emergency medical technician or paramedic in
this State under the Recognition of Emergency Medical Services
Personnel Licensure Interstate Compact ratified by NRS 450B.145.
11. As used in this section:
(a) “Private school” has the meaning ascribed to it in
NRS 394.103.
(b) “Public school” has the meaning ascribed to it in
NRS 385.007.
Sec. 18. NRS 458.033 is hereby amended to read as follows:
458.033 1. The State Board of Health shall adopt regulations:
(a) Providing for the certification of substance use disorder
prevention coalitions; and
(b) Establishing requirements governing the membership of and
geographic region served by substance use disorder prevention
coalitions. The regulations adopted pursuant to this paragraph must
align with nationally recognized standards for substance use
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disorder prevention coalitions and must provide that a geographic
region may be served by more than one substance use disorder
prevention coalition.
2. A certified substance use disorder prevention coalition shall:
(a) Advise the Department of Health and Human Services and
the Division concerning:
(1) The needs of adults and children in the geographic region
served by the coa lition concerning the prevention of substance
misuse and substance use disorders in the geographic region;
(2) Any progress, problems or plans relating to the provision
of services for the prevention of substance misuse and substance use
disorders and methods for improving the provision of such services
in the geographic region served by the coalition;
(3) Identified gaps in services for the prevention of substance
misuse and substance use disorders and recommendations for
addressing those gaps; and
(4) Priorities for allocating resources to support and develop
services for the prevention of substance misuse and substance use
disorders in the geographic region served by the coalition.
(b) Convene interested persons and entities to promote the use
of e vidence-based strategies to address needs concerning services
for the prevention of substance misuse and substance use disorders
and improve such services in the geographic region served by the
coalition.
(c) Coordinate and share information with other ce rtified
substance use disorder prevention coalitions to provide
recommendations to the Department of Health and Human Services
and the Division concerning services for the prevention of substance
misuse and substance use disorders.
(d) Implement, in coord ination with the Department of Health
and Human Services, the Division, other certified substance use
disorder prevention coalitions and other interested persons and
entities, statewide efforts for the prevention of substance misuse and
substance use disorders.
(e) Coordinate with persons and entities in this State who
provide services related to the prevention of substance misuse and
substance use disorders to increase the awareness of such services
and reduce duplication of efforts.
(f) In consultation with other persons and entities in this State
who provide services related to the prevention of substance use
disorders, submit an annual report to the regional behavioral health
policy board for the geographic region served by the substance use
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disorder p revention coalition. The report must include, without
limitation:
(1) Identification of the specific needs of the geographic
region served by the coalition concerning the prevention of
substance misuse and substance use disorders;
(2) A description of methods that the coalition uses to collect
and analyze data concerning:
(I) Substance misuse and substance use disorders in the
geographic region served by the coalition; and
(II) Gaps in services related to the prevention of
substance misuse and su bstance use disorders and the need for
additional services in that region;
(3) The strategies used by the coalition and the results of
those strategies;
(4) The goals of the coalition for the immediately preceding
year and the degree to which the coalition achieved those goals; and
(5) The goals of the coalition for the immediately following
year and the long-term goals of the coalition.
(g) Employ or enter into contracts with certified prevention
specialists as necessary to perform or facilitate th e activities
described in paragraphs (a) to (f), inclusive.
3. The Division shall collaborate with and utilize certified
substance use disorder prevention coalitions as the primary local and
regional entities to coordinate programs and strategies for the
prevention of substance use disorders in this State.
4. As used in this section:
(a) “Behavioral health region” has the meaning ascribed to it in
NRS 433.426.
(b) “Certified prevention specialist” has the meaning ascribed
to it in section 1 of this act.
(c) “Substance use disorder prevention coalition” means a
coalition of persons and entities who possess knowledge and
experience related to the prevention of substance misuse and
substance use disorders in a region of this State.
Sec. 19. 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, expanded function
dental assistant, naprapath, chiropractic physician, optometrist,
podiatric physician, medical examiner, resident, intern, professional
or practical nurse, nursing assistant, medication aide - certified,
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perfusionist, physician assistant licensed pursuant to chapter 630 or
633 of NRS, anesthesiologist assistant, psychiatrist, psychologist,
marriage and family therapist, clinical professional counselor,
alcohol or drug counselor, certified prev ention specialist, 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 med ical 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 op erates, who is employed by or who
contracts to provide services for an intermediary service
organization as defined in NRS 449.4304.
(f) Any person who maintains or is employed by an agency to
provide nursing in the home.
(g) Any employee of the Departme nt 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 employed 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 d enial, suspension or
revocation of a certificate shall notify the superintendent, manager
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or other person in charge of the facility. The superintendent,
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 faith 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.
(b) “Certified prevention specialist” has the meaning ascribed
to it in section 1 of this act.
(c) “Community health worker pool” has the meaning ascribed
to it in NRS 449.0028.
[(c)] (d) “Peer recovery support specialist” has the meaning
ascribed to it in NRS 433.627.
[(d)] (e) “Peer recovery support specialist supervisor” has the
meaning ascribed to it in NRS 433.629.
Sec. 20. NRS 641.029 is hereby amended to read as follows:
641.029 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A person who is licensed to practice dentistry in this State;
3. A person who is licensed as a marriage and family therapist
or marriage and family therapist intern pursuant to chapter 641A of
NRS;
4. A person who is licensed as a clinical professional counselor
or clinical professional counselor intern pursuant to chapter 641A of
NRS;
5. A person who is licensed to engage in social work pursuant
to chapter 641B of NRS;
6. A person who is licensed as an occupational therapist or
occupational therapy assistant pursuant to chapter 640A of NRS;
7. A person who is licensed as a clinical alcohol and drug
counselor, licensed or certified as an alcohol and drug counselor or
certified as an alcohol and drug counselor intern, a clinical alcohol
and drug counselor intern, a problem gambling counselor or a
problem gambling counselor int ern, pursuant to chapter 641C of
NRS;
8. A person who serves as a certified prevention specialist or
provides or supervises the provision of peer recovery support
services in accordance with the provisions of NRS 433.622 to
433.641, inclusive [;] , and section 1 of this act.
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9. A person who is licensed as a behavior analyst or an
assistant behavior analyst or registered as a registered behavior
technician pursuant to chapter 641D of NRS, while engaged in the
practice of applied behavior analysis as defi ned in NRS 641D.080;
or
10. Any member of the clergy,
if such a person does not commit an act described in NRS
641.440 or represent himself or herself as a psychologist.
Sec. 21. NRS 641B.040 is hereby amended to read as follows:
641B.040 The provisions of this chapter do not apply to:
1. A physician who is licensed to practice in this State;
2. A nurse who is licensed to practice in this State;
3. A person who is licensed as a psychologist pursuant to
chapter 641 of NRS or authorized to practice psychology in this
State pursuant to the Psychology Interjurisdictional Compact
enacted in NRS 641.227;
4. A person who is licensed as a marriage and family therapist
or marriage and family therapist intern pursuant to chapter 641A of
NRS;
5. A person who is licensed as a clinical professional counselor
or clinical professional counselor intern pursuant to chapter 641A of
NRS;
6. A person who is licensed as an occupational therapist or
occupational therapy assistant pursuant to chapter 640A of NRS;
7. A person who is licensed as a clinical alcohol and drug
counselor, licensed or certified as an alcohol and drug counselor or
certified as a clinical alcohol and drug counselor intern, an alcohol
and drug counselor intern, a problem gambling cou nselor or a
problem gambling counselor intern, pursuant to chapter 641C of
NRS;
8. A person who serves as a certified prevention specialist or
provides or supervises the provision of peer recovery support
services in accordance with NRS 433.622 to 433.64 1, inclusive [;] ,
and section 1 of this act.
9. Any member of the clergy;
10. A county welfare director;
11. Any person who may engage in social work or clinical
social work in his or her regular governmental employment but does
not hold himself or herself out to the public as a social worker; or
12. A student of social work and any other person preparing for
the profession of social work under the supervision of a qualified
social worker in a training institution or facility recognized by the
Board, unless the student or other person has been issued a
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provisional license pursuant to paragraph (b) of subsection 1 of NRS
641B.275. Such a student must be designated by the title “student of
social work” or “trainee in social work,” or any other title w hich
clearly indicates the student’s training status.
Sec. 22. NRS 641C.130 is hereby amended to read as follows:
641C.130 The provisions of this chapter do not apply to:
1. A physician who is licensed pursuant to the provisions of
chapter 630 or 633 of NRS;
2. A nurse who is licensed pursuant to the provisions of chapter
632 of NRS and is authorized by the State Board of Nursing to
engage in the practice of counseling persons with alcohol and other
substance use disorders or the practice of counsel ing persons with
an addictive disorder related to gambling;
3. A psychologist who is licensed pursuant to the provisions of
chapter 641 of NRS or authorized to practice psychology in this
State pursuant to the Psychology Interjurisdictional Compact
enacted in NRS 641.227;
4. A clinical professional counselor or clinical professional
counselor intern who is licensed pursuant to chapter 641A of NRS;
5. A marriage and family therapist or marriage and family
therapist intern who is licensed pursuant to the provisions of chapter
641A of NRS and is authorized by the Board of Examiners for
Marriage and Family Therapists and Clinical Professional
Counselors to engage in the practice of counseling persons with
alcohol and other substance use disorders or the pr actice of
counseling persons with an addictive disorder related to gambling;
6. A person who is:
(a) Licensed as:
(1) A clinical social worker pursuant to the provisions of
chapter 641B of NRS; or
(2) A master social worker or an independent social worker
pursuant to the provisions of chapter 641B of NRS and is engaging
in clinical social work as part of an internship program approved by
the Board of Examiners for Social Workers; and
(b) Authorized by the Board of Examiners for Social Workers to
engage in the practice of counseling persons with alcohol and other
substance use disorders or the practice of counseling persons with
an addictive disorder related to gambling; or
7. A person who serves as a certified prevention specialist or
provides or s upervises the provision of peer recovery support
services in accordance with NRS 433.622 to 433.641, inclusive [.] ,
and section 1 of this act.
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Sec. 23. Section 37 of chapter 444, Statutes of Nevada 2021,
at page 2836, is hereby amended to read as follows:
Sec. 37. 1. This section becomes effective upon
passage and approval.
2. Sections 18.5, 19, 20 and 32 of this act become
effective on July 1, 2021.
3. Sections 1 to 3, inclusive, 5 to 8, inclusive, 15 to 17,
inclusive, 20.3 to 31, inclusive, and 33 to 36, inclusive, of this
act become effective:
(a) Upon passage and approval for the purpose of
adopting regulations and performing any other preparatory
administrative tasks that are necessary to carry out the
provisions of this act; and
(b) On January 1, 2022, for all other purposes.
4. Sections 4, 9 to 14, inclusive, 18 and 31.5 of this act
become effective on the date on which the Nevada
Certification Board, or its successor organization, ceases
certifying certified prevention specialists, peer recovery
support specialists or peer recovery support specialist
supervisors.
5. Sections 10 and 11 of this act expire by limitation on
the date on which 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 the subpoena or warrant
relating to a proceeding to determine the paternity of a chi ld
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
more children,
are repealed by the Congress of the United States.
Sec. 24. 1. Notwithstanding any provision of this act to the
contrary, a natural person who holds a valid certification as a
certified prevention specialist issued by the Nevada Certification
Board or its successor organization on the date on which that
organization c eases certifying certified prevention specialists may
hold himself or herself out as a certified prevention specialist
without being certified by the Division of Public and Behavioral
Health of the Department of Health and Human Services until 6
months aft er the date on which the Division begins certifying
certified prevention specialists pursuant to the regulations adopted
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by the State Board of Health pursuant to NRS 433.632, as amended
by section 9 of this act. To hold himself or herself out as a certifie d
prevention specialist after that date, the natural person must obtain a
certificate from the Division as required by NRS 433.631, as
amended by section 8 of this act.
2. As used in this section, “certified prevention specialist” has
the meaning ascribed to it in section 1 of this act.
Sec. 25. NRS 433.623 is hereby repealed.
Sec. 26. 1. This section and sections 1, 2, 4 to 7, inclusive,
and 13 to 25, inclusive, of this act become effective on July 1, 2026.
2. Sections 3 and 8 to 12, inclusive, of this act become
effective on the late r of July 1, 2026, or the date on which the
Nevada Certification Board, or its successor organization, ceases
certifying certified prevention specialists, peer recovery support
specialists or peer recovery support specialist supervisors.
20 ~~~~~ 25