Assembly Bill No. 181–Assemblymen Evans, Leslie, Parks, Goldwater, Humke, Manendo, de Braga, Ohrenschall, Koivisto, Bache, Hettrick, Cegavske, Berman, Williams, Beers, Claborn, McClain, Freeman, Arberry, Chowning, Segerblom, Neighbors, Carpenter, Lee, Buckley, Anderson, Perkins, Giunchigliani, Collins, Mortenson, Tiffany, Thomas and Dini
February 10, 1999
____________
Joint Sponsors: Senators Wiener, Rawson, Titus,
Townsend and Coffin
____________
Referred to Concurrent Committees on Health and Human Services
and Ways and Means
SUMMARY—Makes various changes relating to provision of services relating to substance abuse and mental health. (BDR 40-1059)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Contains Appropriation not included in Executive Budget.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
Whereas, Approximately 16,000 children residing in this state are in need of services relating to the prevention and treatment of substance abuse and intervention into problems of substance abuse; and
Whereas, Approximately 500 of those children are in need of comprehensive evaluations relating to substance abuse, intensive residential or outpatient treatment, detoxification or transitional housing; and
Whereas, There is inadequate funding of such services in this state and many severely addicted children residing in this state are placed on waiting lists or must go outside this state to receive the care that they need; and
Whereas, There is a strong link between substance abuse and mental illness, with approximately 60 percent of all relevant cases involving a dual diagnosis of mental illness and substance abuse; and
Whereas, There currently exists little coordination between state agencies and organizations providing services relating to mental health and state agencies and organizations providing services relating to substance abuse; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1
Section 1. Chapter 458 of NRS is hereby amended by adding thereto2-2
the provisions set forth as sections 2 to 5, inclusive, of this act.2-3
Sec. 2. 1. The internal state board for the coordination of services2-4
relating to mental health and substance abuse is hereby created within2-5
the department. The director shall appoint to the internal state board:2-6
(a) Two representatives from the bureau, one with experience in2-7
budgetary matters and one with experience in working with the programs2-8
provided by the bureau;2-9
(b) Two representatives from the division of child and family services2-10
of the department, one with experience in budgetary matters and one2-11
with experience in working with the programs provided by that division;2-12
(c) Two representatives from the mental hygiene and mental2-13
retardation division of the department, one with experience in budgetary2-14
matters and one with experience in working with the programs provided2-15
by that division;2-16
(d) Two representatives from the private sector with experience in2-17
substance abuse programs;2-18
(e) Two representatives from the private sector with experience in2-19
mental health programs; and2-20
(f) Two representatives from the general public who have or have had2-21
children with problems related to mental illness or substance abuse.2-22
2. The internal state board shall:2-23
(a) Establish a standard system for referrals between providers of2-24
services relating to the treatment of mental health problems and2-25
providers of services relating to treatment for substance abuse;3-1
(b) Identify the facilities for the treatment of substance abuse located3-2
in this state in which at least one specialist in mental health should be3-3
placed;3-4
(c) Identify the facilities for the treatment of mental health problems3-5
located in this state in which at least one counselor in substance abuse3-6
should be placed;3-7
(d) Determine the cost of placing such specialists and counselors in3-8
facilities pursuant to paragraphs (b) and (c);3-9
(e) Determine the process by which clients in a facility for the3-10
treatment of substance abuse would receive treatment for mental health3-11
problems when necessary; and3-12
(f) Determine the process by which clients in a facility for the3-13
treatment of mental health problems would receive treatment for3-14
substance abuse when necessary.3-15
Sec. 3. 1. The bureau shall prepare requests for proposals for the3-16
provision by facilities of:3-17
(a) Residential treatment of adolescents who engage in substance3-18
abuse;3-19
(b) Outpatient treatment of adolescents who engage in substance3-20
abuse;3-21
(c) Comprehensive evaluations of adolescents with problems relating3-22
to substance abuse or mental illness, or both; and3-23
(d) Transitional housing for adolescents who engage in substance3-24
abuse.3-25
2. Upon accepting a proposal submitted in accordance with this3-26
section, the bureau may advance not more than 8 percent of the amount3-27
of the proposal to the facility that submitted the proposal to help defray3-28
the costs of starting the provision of the services, including, without3-29
limitation, the cost of beds, equipment and rental space for expansion.3-30
3. The bureau shall establish such requirements for the requests for3-31
proposals as it determines necessary.3-32
4. The bureau shall hire, to the extent of legislative authorization,3-33
such staff as it determines necessary to carry out the provisions of this3-34
section and section 4 of this act.3-35
Sec. 4. The bureau shall, on or before September 1 of each odd-3-36
numbered year, submit to the director a report covering the biennium3-37
ending on June 30 of that year. The report must include:3-38
1. The name of each facility that received money pursuant to section3-39
3 of this act during the biennium, and the amount of money that each3-40
facility received for each type of service provided;4-1
2. If a facility received money pursuant to section 3 of this act during4-2
the biennium to help defray the costs of starting the provision of services,4-3
the name of the facility, the amount of money received and an4-4
accounting of how the money was used;4-5
3. The number of adolescents who received any of the services4-6
described in section 3 of this act from such facilities during the4-7
biennium, and the number of adolescents who were receiving such4-8
services as of the end of the biennium; and4-9
4. As of the end of the biennium:4-10
(a) The number of adolescents on waiting lists to receive the services4-11
described in section 3 of this act; and4-12
(b) An estimate of the number of other adolescents in this state who4-13
are in need of the services described in section 3 of this act.4-14
Sec. 5. 1. The commission shall:4-15
(a) Establish a standard report card that identifies at least four key4-16
indicators of the level of substance abuse by adolescents and adults4-17
residing in this state; and4-18
(b) Publicize the indicators to be used in the report card.4-19
2. The commission shall annually compile a list of substance abuse4-20
programs in this state that are publicly or privately financed, or both,4-21
including:4-22
(a) Treatment programs for adolescents and adults;4-23
(b) Intervention programs for adolescents and adults;4-24
(c) Prevention programs for adolescents and adults; and4-25
(d) Education programs for adolescents and adults.4-26
Sec. 6. NRS 458.010 is hereby amended to read as follows: 458.010 As used in NRS 458.010 to 458.360, inclusive, and sections4-28
2, 3 and 4 of this act, unless the context requires otherwise:4-29
1. "Alcohol and drug abuse program" means a project concerned with4-30
education, prevention and treatment directed toward achieving the mental4-31
and physical restoration of alcohol and drug abusers.4-32
2. "Alcohol and drug abuser" means a person whose consumption of4-33
alcohol or other drugs, or any combination thereof, interferes with or4-34
adversely affects his ability to function socially or economically.4-35
3. "Alcoholic" means any person who habitually uses alcoholic4-36
beverages to the extent that he endangers the health, safety or welfare of4-37
himself or any other person or group of persons.4-38
4. "Bureau" means the bureau of alcohol and drug abuse in4-39
4-40
5. "Chief" means the chief of the bureau.4-41
6. "Civil protective custody" means a custodial placement of a person4-42
for the purpose of protecting his health or safety. Civil protective custody4-43
does not have any criminal implication.5-1
7. "Department" means the department of5-2
5-3
8. "Director" means the director of the department.5-4
9. "Facility" means a physical structure used for the education,5-5
prevention and treatment, including mental and physical restoration, of5-6
alcohol and drug abusers.5-7
10. "Internal state board" means the internal state board for the5-8
coordination of services relating to mental health and substance abuse5-9
established pursuant to section 2 of this act.5-10
Sec. 7. NRS 458.025 is hereby amended to read as follows: 458.025 The bureau of alcohol and drug abuse is hereby created in the5-12
5-13
1. Shall formulate and operate a comprehensive state plan for alcohol5-14
and drug abuse programs which must include:5-15
(a) A survey of the need for education, prevention and treatment of5-16
alcohol and drug abuse, including a survey of the facilities needed to5-17
provide services and a plan for the development and distribution of5-18
services and programs throughout the state.5-19
(b) A plan for programs to educate the public in the problems of the5-20
abuse of alcohol and other drugs.5-21
(c) A survey of the need for trained teachers, persons who have5-22
professional training in fields of health and others involved in the5-23
education and prevention of alcohol and drug abuse and in the treatment5-24
and recovery of alcohol and drug abusers, and a plan to provide the5-25
necessary5-27
In developing and revising the state plan, the bureau shall consider, among5-28
other things, the amount of money available from the Federal Government5-29
for alcohol and drug abuse programs and the conditions attached to the5-30
acceptance of the money, and the limitations of legislative appropriations5-31
for alcohol and drug abuse programs.5-32
2. Is responsible for coordinating efforts to carry out the state plan and5-33
coordinating all state and federal financial support of alcohol and drug5-34
abuse programs in the state. The bureau must be consulted in the planning5-35
of projects and advised of all applications for grants from within the state5-36
which are concerned with alcohol and drug abuse programs, and shall5-37
review and advise concerning the applications.5-38
3. Shall develop and publish standards of certification and may certify5-39
or deny certification of any facilities, programs or personnel on the basis of5-40
the standards, and publish a list of certified facilities, programs and5-41
personnel. Any facilities, programs or personnel which are not certified are5-42
ineligible to receive state and federal money for alcohol and drug abuse5-43
programs. The chief shall establish requirements for continuing education6-1
for persons certified as counselors and administrators of the programs and6-2
may set fees for certification of facilities, programs or personnel. The fees6-3
must be calculated to produce the revenue estimated to cover the costs6-4
related to the certifications, but in no case may the fee for a certificate6-5
exceed $100.6-6
4. Upon request from a facility which is self-supported, may certify6-7
the facility, its programs and personnel and add them to the list of certified6-8
facilities, programs and personnel.6-9
Sec. 8. NRS 458.100 is hereby amended to read as follows: 458.100 1. All gifts or grants of money which the bureau is6-11
authorized to accept must be deposited in the state treasury for credit to the6-12
state grant and gift account for alcohol and drug abuse which is hereby6-13
created in the department of6-14
human resources’ gift fund.6-15
2. Money in the account which has been received:6-16
(a) Pursuant to NRS 369.174 must be used for the purposes specified in6-17
NRS 458.097.6-18
(b) From any other source must be used for the purpose of carrying out6-19
the provisions of NRS 458.010 to 458.360, inclusive, and sections 2, 36-20
and 4 of this act and other programs or laws administered by the bureau.6-21
3. All claims must be approved by the chief before they are paid.6-22
Sec. 9. NRS 458.370 is hereby amended to read as follows: 458.370 As used in NRS 458.370 to 458.420, inclusive, and section 56-24
of this act, unless the context otherwise requires, "commission" means the6-25
commission on substance abuse education, prevention, enforcement and6-26
treatment.6-27
Sec. 10. NRS 232.940 is hereby amended to read as follows: 232.940 The rehabilitation division of the department consists of the6-29
following bureaus:6-30
1. Bureau of services to the blind and visually impaired.6-31
2.6-32
6-33
Sec. 11. There is hereby appropriated from the state general fund to6-34
the department of human resources the sum of $158,400 for the three pilot6-35
projects to be established pursuant to section 15 of this act. Any remaining6-36
balance of the appropriation made by this section must not be committed6-37
for expenditure after June 30, 2001, and reverts to the state general fund as6-38
soon as all payments of money committed have been made.6-39
Sec. 12. 1. There is hereby appropriated from the state general fund6-40
to the bureau of alcohol and drug abuse of the department of human6-41
resources to pay for the provision of services pursuant to subsection 1 of6-42
section 3 of this act:7-1
(a) The sum of $696,080 for residential treatment;7-2
(b) The sum of $1,218,800 for outpatient treatment;7-3
(c) The sum of $52,500 for comprehensive evaluations; and7-4
(d) The sum of $337,500 for transitional housing.7-5
2. Any remaining balance of an appropriation made by subsection 17-6
must not be committed for expenditure after June 30, 2001, and reverts to7-7
the state general fund as soon as all payments of money committed have7-8
been made.7-9
Sec. 13. There is hereby appropriated from the state general fund to7-10
the bureau of alcohol and drug abuse of the department of human7-11
resources the sum of $184,390 to carry out the provisions of subsection 27-12
of section 3 of this act. Any remaining balance of the appropriation made7-13
by this section must not be committed for expenditure after June 30, 2001,7-14
and reverts to the state general fund as soon as all payments of money7-15
committed have been made.7-16
Sec. 14. There is hereby appropriated from the state general fund to7-17
the bureau of alcohol and drug abuse of the department of human7-18
resources the sum of $25,000 to carry out the provisions of section 4 of7-19
this act. Any remaining balance of the appropriation made by this section7-20
must not be committed for expenditure after June 30, 2001, and reverts to7-21
the state general fund as soon as all payments of money committed have7-22
been made.7-23
Sec. 15. 1. The department of human resources shall establish three7-24
pilot projects in family resource centers as follows:7-25
(a) One pilot project must be located in a family resource center that is7-26
located in a county whose population is 400,000 or more;7-27
(b) One pilot project must be located in a family resource center that is7-28
located in a county whose population is 100,000 or more but less than7-29
400,000; and7-30
(c) One pilot project must be located in a family resource center that is7-31
located in a county whose population is less than 100,000.7-32
2. Each pilot project must provide families with services related to the7-33
prevention of substance abuse and intervention into problems of substance7-34
abuse.7-35
3. The internal state board for the coordination of services relating to7-36
mental health and substance abuse shall:7-37
(a) Define the scope of the services that must be provided by the pilot7-38
projects;7-39
(b) Prepare requests for proposals based on the scope of the services7-40
needed;7-41
(c) Set appropriate deadlines for receiving such proposals;7-42
(d) Accept and review such proposals; and8-1
(e) Make recommendations for the award of a pilot project to the8-2
director of the department of human resources.8-3
4. The director of the department of human resources shall review the8-4
proposals on a competitive basis and award the pilot projects.8-5
5. The local governing board of a family resource center in which a8-6
pilot project has been established shall submit an annual report to the8-7
director of the department of human resources and the internal state board8-8
for the coordination of services relating to mental health and substance8-9
abuse. The report must include:8-10
(a) The kinds of services offered pursuant to the pilot project during the8-11
previous 12 months;8-12
(b) The number of adolescents and adults who received services8-13
pursuant to the pilot project during the previous 12 months;8-14
(c) An estimate of the number of adolescents and adults in the8-15
community served by the family resource center who are or may be in8-16
need of services relating to substance abuse, and a description of the8-17
services needed; and8-18
(d) Such other information as the director or the internal state board8-19
requests.8-20
6. As used in this section, "family resource center" means a family8-21
resource center established and operated pursuant to chapter 430A of NRS.8-22
Sec. 16. The state treasurer shall transfer any balance remaining8-23
unexpended on June 30, 1999, in the state grant and gift account for8-24
alcohol and drug abuse in the department of employment, training and8-25
rehabilitation’s gift fund to the state grant and gift account for alcohol and8-26
drug abuse which is created in the department of human resources’ gift8-27
fund pursuant to section 8 of this act.8-28
Sec. 17. This act becomes effective on July 1, 1999.~