EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 449.0045 is hereby amended to read as follows:

1-2 449.0045 "Facility for the dependent" includes a [facility for the

1-4 during the day [or] and residential facility for groups.

1-5 Sec. 2. NRS 449.017 is hereby amended to read as follows:

1-6 449.017 1. Except as otherwise provided in subsection 2, "residential

2-1 2. The term does not include:

2-2 (a) An establishment which provides care only during the day;

2-3 (b) A natural person who provides care for no more than two persons in

2-4 his own home;

2-5 (c) A natural person who provides care for one or more persons related

2-6 to him within the third degree of consanguinity or affinity; or

2-7 (d) A facility funded by the welfare division , [or] the mental hygiene

2-8 and mental retardation division of the department of human resources [.] or

2-9 the bureau of alcohol and drug abuse in the rehabilitation division of the

2-10 department of employment, training and rehabilitation.

2-11 Sec. 3. NRS 449.070 is hereby amended to read as follows:

2-12 449.070 The provisions of NRS 449.001 to 449.240, inclusive, do not

2-27 pursuant to sections 11 to 28, inclusive, of this act.

2-28 Sec. 4. Chapter 458 of NRS is hereby amended by adding thereto the

2-29 provisions set forth as sections 5 to 37, inclusive, of this act.

2-30 Sec. 5. As used in sections 5 to 37, inclusive, of this act, unless the

2-31 context otherwise requires, the words and terms defined in sections 6 to

2-32 10, inclusive, of this act have the meanings ascribed to them in those

2-33 sections.

2-34 Sec. 6. "Bureau" means the bureau of alcohol and drug abuse in

2-35 the rehabilitation division of the department.

2-36 Sec. 7. "Chief" means the chief of the bureau.

2-37 Sec. 8. "Client" means a resident or patient of a facility for the

2-38 treatment of abuse of alcohol or drugs.

2-39 Sec. 9. "Department" means the department of employment,

2-40 training and rehabilitation.

3-1 Sec. 10. "Facility for the treatment of abuse of alcohol or drugs"

3-2 means any public or private entity that provides residential treatment,

3-3 including, without limitation, mental and physical restoration of abusers

3-4 of alcohol or drugs. The term does not include a medical facility as

3-5 defined in NRS 449.0151.

3-6 Sec. 11. The name, sign, listing or other designation of a facility for

3-9 facility.

3-10 Sec. 12. 1. No person, state or local government or agency thereof

3-16 misdemeanor.

3-17 Sec. 13. 1. The bureau shall adopt:

3-18 (a) Licensing standards for facilities for the treatment of abuse of

3-19 alcohol or drugs;

3-20 (b) Regulations governing the licensing of such facilities; and

3-21 (c) Any other regulations as it deems necessary or convenient to carry

3-22 out the provisions of sections 11 to 28, inclusive, of this act.

3-23 2. The bureau may charge a fee for an application for the issuance

3-24 or renewal of a license to operate a facility for the treatment of abuse of

3-25 alcohol or drugs. The fee must be calculated to produce the revenue

3-26 estimated to cover the costs of the bureau related to the licensure.

3-27 3. The bureau shall require that the practices and policies of each

3-28 facility for the treatment of abuse of alcohol or drugs provide adequately

3-29 for the protection of the health, safety and physical, moral and mental

3-30 well-being of each client accommodated in the facility.

3-31 4. The bureau shall establish minimum qualifications for an

3-32 administrator and employee of a facility for the treatment of abuse of

3-33 alcohol or drugs. In establishing the qualifications, the bureau shall

3-34 consider the related standards set by nationally recognized organizations

3-35 that accredit such facilities.

3-36 Sec. 14. 1. A person, state or local government or agency thereof

3-37 desiring a license to operate a facility for the treatment of abuse of

3-38 alcohol or drugs must file with the bureau an application on a form

3-39 prescribed, prepared and furnished by the bureau, containing:

3-40 (a) The name of the applicant and, if a natural person, whether the

3-41 applicant has attained the age of 21 years.

3-42 (b) The location of the facility.

4-1 (c) In specific terms, the nature of services and type of care to be

4-2 offered, as defined in the regulations.

4-3 (d) The number of beds authorized by the chief or, if such

4-4 authorization is not required, the number of beds the facility will contain.

4-5 (e) The name of the person in charge of the facility.

4-6 (f) Evidence satisfactory to the bureau that the applicant is of

4-7 reputable and responsible character. If the applicant is a firm,

4-8 association, organization, partnership, business trust, corporation or

4-9 company, similar evidence must be submitted as to the members thereof,

4-10 and the person in charge of the facility for which application is made. If

4-11 the applicant is a political subdivision of the State of Nevada or other

4-12 governmental agency, similar evidence must be submitted as to the

4-13 person in charge of the institution for which application is made.

4-14 (g) Evidence satisfactory to the bureau of the ability of the applicant

4-15 to comply with the provisions of sections 11 to 28, inclusive, of this act

4-16 and the standards and regulations adopted by the bureau.

4-17 (h) Evidence satisfactory to the bureau that the facility conforms to

4-18 the zoning regulations of the local government within which the facility

4-19 will be operated or that the applicant has applied for an appropriate

4-20 reclassification, variance, permit for special use or other exception for

4-21 the facility.

4-22 (i) Any other information deemed necessary by the bureau for the

4-23 proper administration and enforcement of sections 11 to 28, inclusive, of

4-24 this act.

4-25 2. Each application and reapplication for a license to operate a

4-26 facility for the treatment of abuse of alcohol or drugs must be

4-27 accompanied by a fee in an account determined by regulation of the

4-28 bureau.

4-29 Sec. 15. Each license issued to operate a facility for the treatment of

4-30 abuse of alcohol or drugs expires on December 31 following its issuance

4-31 and is renewable for 1 year upon reapplication and payment of the fee

4-32 required pursuant to section 14 of this act, unless the bureau finds, after

4-33 an investigation, that the facility has not:

4-34 1. Satisfactorily complied with the provisions of sections 11 to 28,

4-35 inclusive, of this act or the standards and regulations adopted by the

4-36 bureau;

4-37 2. Obtained the approval of the director of the department of human

4-38 resources before undertaking a project, if such approval is required by

4-39 NRS 439A.100; or

4-40 3. Conformed to all applicable local zoning regulations.

5-1 Sec. 16. The provisions of sections 11 to 28, inclusive, of this act do

5-2 not apply to:

5-3 1. A facility for the treatment of abuse of alcohol or drugs conducted

5-4 by and for the adherents of any church or religious denomination for the

5-5 purpose of providing facilities for the care and treatment of the sick who

5-6 depend solely upon spiritual means through prayer for healing in the

5-7 practice of the religion of the church or denomination, except that such a

5-8 facility must comply with all regulations relative to sanitation and safety

5-9 applicable to other facilities of a similar category;

5-10 2. Foster homes as defined in NRS 424.014; or

5-11 3. Any facility for the treatment of abuse of alcohol or drugs

5-12 operated and maintained by the United States Government or an agency

5-13 thereof.

5-14 Sec. 17. 1. The bureau shall issue a license to the applicant if,

5-25 only for the premises described in the license and is not transferable.

5-26 Sec. 18. Each license issued by the bureau to operate a facility for

5-27 the treatment of abuse of alcohol or drugs must be in the form prescribed

5-28 by the bureau and must contain:

5-29 1. The name of the person, state or local government or agency

5-30 thereof authorized to operate the licensed facility;

5-31 2. The location of the licensed facility; and

5-32 3. The number of beds authorized in the licensed facility, the nature

5-33 of services offered and the service delivery capacity.

5-34 Sec. 19. 1. The bureau may cancel the license of a facility for the

5-35 treatment of abuse of alcohol or drugs and issue a provisional license,

5-36 effective for a period determined by the bureau, to the facility if it:

5-37 (a) Is in operation at the time of the adoption of standards and

5-38 regulations pursuant to the provisions of sections 11 to 28, inclusive, of

5-39 this act and the bureau determines that the facility requires a reasonable

5-40 time under the particular circumstances within which to comply with the

5-41 standards and regulations; or

6-1 (b) Has failed to comply with the standards or regulations and the

6-2 bureau determines that the facility is in the process of making the

6-3 necessary changes or has agreed to make the changes within a

6-4 reasonable time.

6-5 2. The provisions of subsection 1 do not require the issuance of a

6-6 license to operate a facility for the treatment of abuse of alcohol or drugs

6-7 or prevent the bureau from refusing to renew or from revoking or

6-8 suspending such a license if the bureau deems such action necessary for

6-9 the health and safety of the clients of a facility for the treatment of abuse

6-10 of alcohol or drugs.

6-11 Sec. 20. 1. Money received from the licensing of facilities for the

6-17 received from the Federal Government.

6-18 Sec. 21. The bureau may:

6-19 1. Upon receipt of an application for a license to operate a facility

6-20 for the treatment of abuse of alcohol or drugs, conduct an investigation

6-21 into the premises, facilities, qualifications of personnel, methods of

6-22 operation, policies and purposes of any person proposing to engage in

6-23 the operation of the facility. The facility for the treatment of abuse of

6-24 alcohol or drugs is subject to inspection and approval as to standards for

6-25 safety from fire, on behalf of the bureau, by the state fire marshal.

6-26 2. Upon receipt of a complaint against a facility for the treatment of

6-27 abuse of alcohol or drugs, except for a complaint concerning the cost of

6-28 services, conduct an investigation into the premises, facilities,

6-29 qualifications of personnel, methods of operation, policies, procedures

6-30 and records of that facility.

6-31 3. Employ such professional, technical and clerical assistance as it

6-32 deems necessary to carry out the provisions of sections 11 to 28,

6-33 inclusive, of this act.

6-34 Sec. 22. The bureau may deny an application for a license or may

6-35 suspend or revoke any license issued to operate a facility for the

6-36 treatment of abuse of alcohol or drugs upon any of the following

6-37 grounds:

6-38 1. Violation by the applicant or the licensee of any of the provisions

6-39 of sections 11 to 28, inclusive, of this act or of any other law of this state

6-40 or of the standards, rules and regulations adopted thereunder.

7-1 2. Aiding, abetting or permitting the commission of any illegal act.

7-2 3. Engaging in conduct inimical to the public health, morals, welfare

7-3 and safety of the people of the State of Nevada in the maintenance and

7-4 operation of the premises for which a license is issued.

7-5 4. Engaging in conduct or in a practice detrimental to the health or

7-6 safety of the clients or employees of the facility.

7-7 5. Failing to obtain written approval for new construction from the

7-8 director of the department of human resources if approval is required

7-9 pursuant to NRS 439A.100.

7-10 Sec. 23. 1. If a facility for the treatment of abuse of alcohol or

7-11 drugs violates any provision related to its licensure, including, without

7-12 limitation, any provision of sections 11 to 28, inclusive, of this act or any

7-13 condition, standard or regulation adopted by the bureau, the bureau in

7-14 accordance with the regulations adopted pursuant to section 24 of this

7-15 act may:

7-16 (a) Prohibit the facility from admitting any client until it determines

7-17 that the facility has corrected the violation;

7-18 (b) Limit the occupancy of the facility to the number of beds occupied

7-19 when the violation occurred until it determines that the facility has

7-20 corrected the violation;

7-21 (c) Impose an administrative penalty of not more than $1,000 per day

7-22 for each violation, together with interest thereon at a rate not to exceed

7-23 10 percent per annum; and

7-24 (d) Appoint temporary management to oversee the operation of the

7-25 facility and to ensure the health and safety of the clients of the facility,

7-26 until:

7-27 (1) It determines that the facility for the treatment of abuse of

7-28 alcohol or drugs has corrected the violation and has management that is

7-29 capable of ensuring continued compliance with the applicable statutes,

7-30 conditions, standards and regulations; or

7-31 (2) Improvements are made to correct the violation.

7-32 2. If the facility for the treatment of abuse of alcohol or drugs fails to

7-33 pay any administrative penalty imposed pursuant to paragraph (c) of

7-34 subsection 1, the bureau may:

7-35 (a) Suspend the license of the facility until the administrative penalty

7-36 is paid; and

7-37 (b) Collect court costs, reasonable attorney’s fees and other costs

7-38 incurred to collect the administrative penalty.

7-39 3. The bureau may require any facility for the treatment of abuse of

7-40 alcohol or drugs that violates a provision of sections 11 to 28, inclusive,

7-41 of this act or a condition, standard or regulation adopted by the bureau,

7-42 to make any improvements necessary to correct the violation.

8-1 4. Any money collected as administrative penalties pursuant to this

8-2 section must be accounted for separately and used to protect the health or

8-3 property of the clients of the facility for the treatment of abuse of alcohol

8-4 or drugs in accordance with applicable federal standards.

8-5 Sec. 24. The bureau shall adopt regulations establishing the criteria

8-6 for imposing each sanction set forth in section 23 of this act. The

8-7 regulations must:

8-8 1. Prescribe the circumstances and manner in which each sanction

8-9 applies;

8-10 2. Minimize the time between identification of a violation and the

8-11 imposition of a sanction;

8-12 3. Provide for the imposition of incrementally more severe sanctions

8-13 for repeated or uncorrected violations; and

8-14 4. Provide for less severe sanctions for lesser violations of applicable

8-15 state statutes, conditions, standards or regulations.

8-16 Sec. 25. 1. When the bureau intends to deny, suspend or revoke a

8-17 license to operate a facility for the treatment of abuse of alcohol or

8-18 drugs, or impose any sanction set forth in section 23 of this act, it shall

8-19 give reasonable notice to all parties by certified mail. The notice must

8-20 contain the legal authority, jurisdiction and reasons for the action to be

8-21 taken. Notice is not required if the bureau finds that the public health

8-22 requires immediate action. In that case, the bureau may order a

8-23 summary suspension of the license or impose any sanction prescribed by

8-24 section 23 of this act, pending proceedings for revocation or other action.

8-25 2. To contest the action of the bureau, a person must file an appeal

8-26 in the manner set forth in the regulations adopted by the bureau.

8-27 3. Upon receiving notice of an appeal, the bureau shall hold a

8-28 hearing in the manner set forth in the regulations adopted by the bureau.

8-29 4. The bureau shall adopt such regulations as are necessary to carry

8-30 out the provisions of this section.

8-31 Sec. 26. 1. The bureau may bring an action in the name of the

8-32 State of Nevada to enjoin any person, state or local government or

8-33 agency thereof from operating or maintaining a facility for the treatment

8-34 of abuse of alcohol or drugs:

8-35 (a) Without first obtaining a license therefor; or

8-36 (b) After his license has been revoked or suspended by the bureau.

8-37 2. It is sufficient in such action to allege that the defendant did, on a

8-38 certain date and in a certain place, operate and maintain a facility for the

8-39 treatment of abuse of alcohol or drugs without a license.

8-40 Sec. 27. 1. The bureau shall regularly inspect each facility for the

8-41 treatment of abuse of alcohol or drugs to ensure its compliance with the

8-42 provisions of sections 11 to 28, inclusive, of this act.

9-1 2. Any authorized member or employee of the bureau may enter and

9-2 inspect a facility for the treatment of abuse of alcohol or drugs at any

9-3 time to ensure its compliance with or prevent a violation of any provision

9-4 of sections 11 to 28, inclusive, of this act.

9-5 Sec. 28. The district attorney of the county in which the facility for

9-9 this act.

9-10 Sec. 29. The chief may:

9-11 1. Adopt regulations concerning the exercise of the powers conferred

9-12 pursuant to this section and sections 30 and 31 of this act.

9-13 2. Hold public hearings, conduct investigations and require the filing

9-14 of information relating to any matter affecting the cost of services in all

9-15 facilities for the treatment of abuse of alcohol or drugs subject to the

9-16 provisions of this section and sections 30 and 31 of this act and may

9-17 subpoena witnesses, financial papers, records and documents in

9-18 connection therewith. An order requiring the filing of information or a

9-19 subpoena issued pursuant to this subsection must state the purpose for

9-20 which it is issued. The chief may also administer oaths in any hearing or

9-21 investigation.

9-22 3. Exercise, subject to the limitations and restrictions imposed

9-23 pursuant to this section and sections 30 and 31 of this act, all other

9-24 powers that are reasonably necessary to carry out the expressed objects

9-25 of those sections.

9-26 4. Delegate to any of the divisions of the department the authority to

9-27 carry out the provisions of this section and sections 30 and 31 of this act.

9-28 Sec. 30. In carrying out the duties set forth in this section and

9-29 sections 29 and 31 of this act, the chief may use his own staff or may

9-30 contract with any appropriate, independent and qualified organization.

9-31 Such a contractor shall not release or publish or otherwise use any

9-32 information made available to it pursuant to its contractual responsibility

9-33 unless permission is specifically granted by the director.

9-34 Sec. 31. 1. Each facility for the treatment of abuse of alcohol or

9-35 drugs that is subject to the provisions of this section and sections 29 and

9-36 30 of this act shall file with the bureau the following financial statements

9-37 or reports in a form and at intervals specified by the chief, but at least

9-38 annually:

9-39 (a) A balance sheet detailing the assets, liabilities and net worth of the

9-40 facility for the fiscal year; and

9-41 (b) A statement of income and expenses for the fiscal year.

10-1 2. Each facility for the treatment of abuse of alcohol or drugs shall

10-2 file with the bureau a proposed operating budget for the following fiscal

10-3 year at least 30 days before the start of that fiscal year.

10-4 3. The chief shall require the certification of specified financial

10-5 reports by an independent certified public accountant and may require

10-6 attestations from responsible officers of the facility for the treatment of

10-7 abuse of alcohol or drugs that the reports are, to the best of their

10-8 knowledge and belief, accurate and complete.

10-9 4. The chief shall require the filing of all reports by specified dates,

10-10 and may adopt regulations that assess penalties for failure to file as

10-11 required, but he shall not require the submission of a final annual report

10-12 sooner than 6 months after the close of the fiscal year, and may grant

10-13 extensions to a facility for the treatment of abuse of alcohol or drugs that

10-14 can show that the required information is not available on the required

10-15 reporting date.

10-16 5. All reports, except privileged medical information and records

10-17 concerning the treatment provided for the abuse of alcohol or drugs,

10-18 filed pursuant to any provisions of this section and sections 29 and 30 of

10-19 this act are open to public inspection and must be available for

10-20 examination at the office of the bureau during regular business hours.

10-21 Sec. 32. 1. Each facility for the treatment of abuse of alcohol or

10-29 explanation.

10-30 Sec. 33. 1. If a client in a facility for the treatment of abuse of

10-42 client.

11-1 Sec. 34. Each client of a facility for the treatment of abuse of

11-34 alcohol or drugs concerning his conduct at the facility.

11-35 Sec. 35. Each client of a facility for the treatment of abuse of

12-1 4. Retain his privacy concerning his program of treatment for the

12-2 abuse of alcohol or drugs and any medical care. Discussions concerning

12-3 the care of a client, consultation with other persons concerning the

12-4 client, examinations or treatments, and all communications and records

12-5 concerning the client, except as otherwise provided in NRS 108.640,

12-6 section 33 of this act and chapter 629 of NRS, are confidential. The

12-7 client must consent to the presence of any person who is not directly

12-8 involved with his care during any examination, consultation or

12-9 treatment.

12-10 5. Have any reasonable request for services reasonably satisfied by

12-11 the facility considering its ability to do so.

12-12 6. Receive continuous care from the facility. The client must be

12-13 informed:

12-14 (a) Of his appointments for treatment and the names of the persons

12-15 available at the facility for those treatments; and

12-16 (b) By his physician or counselor or an authorized representative of

12-17 the physician or counselor, of his need for continuing care.

12-18 Sec. 36. Each facility for the treatment of abuse of alcohol or drugs

12-21 inclusive, of this act.

12-22 Sec. 37. 1. Except as otherwise provided in this section, a person

12-42 both fine and imprisonment.

12-43 Sec. 38. NRS 449.00455 and 449.173 are hereby repealed.

13-1 Sec. 39. The bureau of alcohol and drug abuse in the rehabilitation

13-2 division of the department of employment, training and rehabilitation shall

13-3 adopt regulations as required pursuant to sections 13, 14, 24 and 25 of this

13-4 act on or before January 1, 2000.

13-5 Sec. 40. This act becomes effective upon passage and approval for the

13-6 purpose of adopting regulations and for any other purposes related to the

13-7 preparation of the bureau of alcohol and drug abuse in the rehabilitation

13-8 division of the department of employment training and rehabilitation to

13-9 license facilities for the treatment of abuse of alcohol or drugs, and on

13-10 January 1, 2000, for all other purposes.

13-11 Sec. 41. 1. All administrative regulations adopted by the state board

13-12 of health concerning a facility for the treatment of abuse of alcohol or

13-13 drugs pursuant to the authority in subsection 1 of NRS 449.037 are hereby

13-14 declared to be void on January 1, 2000.

13-15 2. In preparing supplements to the Nevada Administrative Code, on or

13-16 after January 1, 2000, the Legislative Counsel shall remove all provisions

13-17 declared void by subsection 1.

13-18 TEXT OF REPEALED SECTIONS

13-19 449.00455 "Facility for the treatment of abuse of alcohol or drugs"

13-28 449.173 Applicability of provisions governing check of criminal