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. Chapter 433 of NRS is hereby amended by adding thereto

1-12 (c) For self-defense or the defense of another person; or

2-1 (d) To escort a client away from the scene of a disturbance being

2-2 caused by the client if the client has refused to leave voluntarily with the

2-3 proper authorities.

2-4 2. Unless a more severe penalty is prescribed by specific statute

2-5 because of the nature of the aversive intervention or deprivation

2-6 technique used on the client or the injury suffered as a result of the use

2-7 of such intervention or technique, a person who violates this section:

2-8 (a) For a first violation, is guilty of a gross misdemeanor; and

2-9 (b) For a second or subsequent violation, is guilty of a category E

2-10 felony.

2-11 3. If a person is found guilty of violating the provisions of subsection

2-12 1, the attorney general shall, when applicable, give notice of the

2-13 conviction to each agency of this state or a local government that has

2-14 issued a license, registration, certificate or permit to:

2-15 (a) The person so convicted; and

2-16 (b) The facility in which the aversive intervention or deprivation

2-17 technique was used.

2-18 4. A conviction pursuant to this section is, when applicable, grounds

2-19 for disciplinary action against the person so convicted and the facility in

2-20 which the aversive intervention or deprivation technique was used,

2-21 including, without limitation:

2-22 (a) The suspension or revocation of the license, registration,

2-23 certificate or permit of the person so convicted or of the facility in which

2-24 the aversive intervention or deprivation technique was used; or

2-25 (b) The withholding of state funding for the facility until the state

2-26 agency that administers the funding is satisfied that the facility has taken

2-27 or is taking reasonable actions to prevent future use of the aversive

2-28 intervention or deprivation technique.

2-29 5. As used in this section, unless the context otherwise requires,

2-30 "aversive intervention or deprivation technique" means any intervention,

2-31 technique, stimulus or procedure that causes physical pain or extreme

2-32 discomfort, psychological pain or humiliation to a client upon whom the

2-33 intervention, technique, stimulus or procedure is used. The term

2-34 includes, without limitation:

2-35 (a) The use of noxious odors and tastes;

2-36 (b) The use of water and other mists or sprays;

2-37 (c) Blasts of air;

2-38 (d) Corporal punishment;

2-39 (e) Electric shock;

2-40 (f) Physical or chemical restraint, or both;

2-41 (g) Seclusion;

3-1 (h) Any intervention, technique or procedure that deprives a client of

3-2 the use of one or more of his senses, regardless of the length of

3-3 deprivation; and

3-4 (i) The deprivation of necessities needed to sustain the health of a

3-5 client, regardless of the length of the deprivation.

3-6 Sec. 2. NRS 433.456 is hereby amended to read as follows:

3-7 433.456 As used in NRS 433.456 to 433.536, inclusive, and section 1

3-10 to them in those sections.

3-11 Sec. 3. Chapter 435 of NRS is hereby amended by adding thereto a

3-12 new section to read as follows:

3-13 1. A person employed by a mental retardation center or a community

3-14 center for training retarded persons shall not use any aversive

3-15 intervention or deprivation technique on a mentally retarded person to

3-16 modify or change the behavior of the mentally retarded person. For the

3-17 purposes of this section, an aversive intervention or deprivation

3-18 technique does not include the use of reasonable and necessary force on

3-19 a mentally retarded person if the force is used:

3-20 (a) To quell a disturbance that threatens physical injury to any person

3-21 or threatens the destruction of property;

3-22 (b) To obtain possession of a weapon or other dangerous object that is

3-23 within the control of the mentally retarded person;

3-24 (c) For self-defense or the defense of another person; or

3-25 (d) To escort a mentally retarded person away from the scene of a

3-26 disturbance being caused by the mentally retarded person if he has

3-27 refused to leave voluntarily with the proper authorities.

3-28 2. Unless a more severe penalty is prescribed by specific statute

3-29 because of the nature of the aversive intervention or deprivation

3-30 technique used on the mentally retarded person or the injury suffered as

3-31 a result of the use of such intervention or technique, a person who

3-32 violates this section:

3-33 (a) For a first violation, is guilty of a gross misdemeanor; and

3-34 (b) For a second or subsequent violation, is guilty of a category E

3-35 felony.

3-36 3. If a person is found guilty of violating the provisions of subsection

3-37 1, the attorney general shall, when applicable, give notice of the

3-38 conviction to each agency of this state or a local government that has

3-39 issued a license, registration, certificate or permit to:

3-40 (a) The person so convicted; and

3-41 (b) The center in which the aversive intervention or deprivation

3-42 technique was used.

4-1 4. A conviction pursuant to this section is, when applicable, grounds

4-2 for disciplinary action against the person so convicted and the center in

4-3 which the aversive intervention or deprivation technique was used,

4-4 including, without limitation:

4-5 (a) The suspension or revocation of the license, registration,

4-6 certificate or permit of the person so convicted or of the center in which

4-7 the aversive intervention or deprivation technique was used; or

4-8 (b) The withholding of state funding for the center until the state

4-9 agency that administers the funding is satisfied that the center has taken

4-10 or is taking reasonable actions to prevent future use of the aversive

4-11 intervention or deprivation technique.

4-12 5. As used in this section, unless the context otherwise requires

4-13 "aversive intervention or deprivation technique" means any intervention,

4-14 technique, stimulus or procedure that causes physical pain or extreme

4-15 discomfort, psychological pain or humiliation to a mentally retarded

4-16 person upon whom the intervention, technique, stimulus or procedure is

4-17 used. The term includes, without limitation:

4-18 (a) The use of noxious odors and tastes;

4-19 (b) The use of water and other mists or sprays;

4-20 (c) Blasts of air;

4-21 (d) Corporal punishment;

4-22 (e) Electric shock;

4-23 (f) Physical or chemical restraint, or both;

4-24 (g) Seclusion;

4-25 (h) Any intervention, technique or procedure that deprives a mentally

4-26 retarded person of the use of one or more of his senses, regardless of the

4-27 length of deprivation; and

4-28 (i) The deprivation of necessities needed to sustain the health of a

4-29 mentally retarded person, regardless of the length of the deprivation.

4-30 Sec. 4. Chapter 388 of NRS is hereby amended by adding thereto a

4-31 new section to read as follows:

4-32 1. A person employed at a public school shall not use any aversive

4-33 intervention or deprivation technique on a pupil with a disability to

4-34 modify or change the behavior of the pupil. For the purposes of this

4-35 section, an aversive intervention or deprivation technique does not

4-36 include the use of reasonable and necessary force on a pupil with a

4-37 disability if the force is used:

4-38 (a) To quell a disturbance that threatens physical injury to any person

4-39 or threatens the destruction of property;

4-40 (b) To obtain possession of a weapon or other dangerous object that is

4-41 within the control of the pupil with a disability;

4-42 (c) For self-defense or the defense of another person; or

5-1 (d) To escort a pupil with a disability away from the scene of a

5-2 disturbance being caused by the pupil if the pupil has refused to leave

5-3 voluntarily with the proper authorities.

5-4 2. Unless a more severe penalty is prescribed by specific statute

5-5 because of the nature of the aversive intervention or deprivation

5-6 technique used on the pupil with a disability or the injury suffered as a

5-7 result of the use of such intervention or technique, a person who violates

5-8 the provisions of subsection 1:

5-9 (a) For a first violation, is guilty of a gross misdemeanor; and

5-10 (b) For a second or subsequent violation, is guilty of a category E

5-11 felony.

5-12 3. If a person is found guilty of violating the provisions of subsection

5-13 1, the attorney general shall give notice of the conviction to:

5-14 (a) The superintendent of public instruction; and

5-15 (b) The board of trustees of the school district in which is located the

5-16 school in which the aversive intervention or deprivation technique was

5-17 used.

5-18 4. A conviction pursuant to this section is grounds for disciplinary

5-19 action against the person so convicted, including, without limitation, the

5-20 suspension or revocation of his license or the termination of his

5-21 employment.

5-22 5. As used in this section, unless the context otherwise requires,

5-23 "aversive intervention or deprivation technique" means any intervention,

5-24 technique, stimulus or procedure that causes physical pain or extreme

5-25 discomfort, psychological pain or humiliation to a pupil with a disability

5-26 upon whom the intervention, technique, stimulus or procedure is used.

5-27 The term includes, without limitation:

5-28 (a) The use of noxious odors and tastes;

5-29 (b) The use of water and other mists or sprays;

5-30 (c) Blasts of air;

5-31 (d) Corporal punishment;

5-32 (e) Electric shock;

5-33 (f) Physical or chemical restraint, or both;

5-34 (g) Seclusion;

5-35 (h) Any intervention, technique or procedure that deprives a pupil

5-36 with a disability of the use of one or more of his senses, regardless of the

5-37 length of deprivation; and

5-38 (i) The deprivation of necessities needed to sustain the health of a

5-39 pupil with a disability, regardless of the length of the deprivation.

5-40 Sec. 5. NRS 388.440 is hereby amended to read as follows:

5-41 388.440 As used in NRS 388.440 to 388.520, inclusive [:] , and

5-42 section 4 of this act:

6-1 1. "Gifted and talented pupil" means a person under the age of 18

6-2 years who demonstrates such outstanding academic skills or aptitudes that

6-3 he cannot progress effectively in a regular school program and therefore

6-4 needs special instruction or special services.

6-5 2. "Pupil with a disability" means a person under the age of 22 years

6-6 who deviates either educationally, physically, socially or emotionally so

6-7 markedly from normal patterns that he cannot progress effectively in a

6-8 regular school program and therefore needs special instruction or special

6-9 services.

6-10 Sec. 6. Chapter 394 of NRS is hereby amended by adding thereto a

6-11 new section to read as follows:

6-12 1. A person employed by a private school or postsecondary

6-13 educational institution shall not use any aversive intervention or

6-14 deprivation technique on a pupil with a disability or a student with a

6-15 disability to modify or change the behavior of the pupil or student. For

6-16 the purposes of this section, an aversive intervention or deprivation

6-17 technique does not include the use of reasonable and necessary force on

6-18 a pupil with a disability or a student with a disability if the force is used:

6-19 (a) To quell a disturbance that threatens physical injury to any person

6-20 or threatens the destruction of property;

6-21 (b) To obtain possession of a weapon or other dangerous object that is

6-22 within the control of the pupil or student;

6-23 (c) For self-defense or the defense of another person; or

6-24 (d) To escort a pupil with a disability or a student with a disability

6-25 away from the scene of a disturbance being caused by the pupil or

6-26 student if he has refused to leave voluntarily with the proper authorities.

6-27 2. Unless a more severe penalty is prescribed by specific statute

6-28 because of the nature of the aversive intervention or deprivation

6-29 technique used on the pupil with a disability or the student with a

6-30 disability, or the injury suffered as a result of the use of such intervention

6-31 or technique, a person who violates this section:

6-32 (a) For a first violation, is guilty of a gross misdemeanor; and

6-33 (b) For a second or subsequent violation, is guilty of a category E

6-34 felony.

6-35 3. If a person is found guilty of violating the provisions of subsection

6-36 1, the attorney general shall give notice of the conviction:

6-37 (a) If the person so convicted is licensed pursuant to chapter 391 of

6-38 NRS, to the superintendent; and

6-39 (b) If the educational institution in which the aversive intervention or

6-40 deprivation technique was used is:

6-41 (1) A private school, to the state board; or

6-42 (2) A postsecondary educational institution, to the commission.

7-1 4. A conviction pursuant to this section is grounds for disciplinary

7-2 action against the person so convicted and any private school or

7-3 postsecondary educational institution in which the aversive intervention

7-4 or deprivation technique was used, including, without limitation:

7-5 (a) If the person is licensed pursuant to chapter 391 of NRS, the

7-6 suspension or revocation of his license; and

7-7 (b) The suspension or revocation of the license of the private school or

7-8 postsecondary educational institution.

7-9 5. As used in this section, unless the context otherwise requires:

7-10 (a) "Aversive intervention or deprivation technique" means any

7-11 intervention, technique, stimulus or procedure that causes physical pain

7-12 or extreme discomfort, psychological pain or humiliation to a pupil with

7-13 a disability or a student with a disability upon whom the intervention,

7-14 technique, stimulus or procedure is used. The term includes, without

7-15 limitation:

7-16 (1) The use of noxious odors and tastes;

7-17 (2) The use of water and other mists or sprays;

7-18 (3) Blasts of air;

7-19 (4) Corporal punishment;

7-20 (5) Electric shock;

7-21 (6) Physical or chemical restraint, or both;

7-22 (7) Seclusion;

7-23 (8) Any intervention, technique or procedure that deprives a pupil

7-24 with a disability or a student with a disability of the use of one or more of

7-25 his senses, regardless of the length of deprivation; and

7-26 (9) The deprivation of necessities needed to sustain the health of a

7-27 pupil with a disability or a student with a disability, regardless of the

7-28 length of the deprivation.

7-29 (b) "Pupil with a disability" has the meaning ascribed to it in NRS

7-30 388.440.

7-31 (c) "Student with a disability" means a student who is enrolled in a

7-32 postsecondary educational institution who:

7-33 (1) Has a physical or mental impairment that substantially limits

7-34 one or more of the major life activities of the person;

7-35 (2) Has a record of such an impairment; or

7-36 (3) Is regarded as having such an impairment.

7-37 Sec. 7. Chapter 432B of NRS is hereby amended by adding thereto a

7-38 new section to read as follows:

7-39 1. A person who is employed by a public agency authorized to care

7-40 for children in need of protection or a private institution or agency

7-41 licensed by the department of human resources to care for such children

7-42 shall not use any aversive intervention or deprivation technique on a

8-1 child with a disability to modify or change the behavior of the child. For

8-2 the purposes of this section, an aversive intervention or deprivation

8-3 technique does not include the use of reasonable and necessary force on

8-4 a child with a disability if the force is used:

8-5 (a) To quell a disturbance that threatens physical injury to any person

8-6 or threatens the destruction of property;

8-7 (b) To obtain possession of a weapon or other dangerous object that is

8-8 within the control of the child with a disability;

8-9 (c) For self-defense or the defense of another person; or

8-10 (d) To escort a child with a disability away from the scene of a

8-11 disturbance being caused by the child if the child has refused to leave

8-12 voluntarily with the proper authorities.

8-13 2. Unless a more severe penalty is prescribed by specific statute

8-14 because of the nature of the aversive intervention or deprivation

8-15 technique used on the child with a disability or the injury suffered as a

8-16 result of the use of such intervention or technique, a person who violates

8-17 this section:

8-18 (a) For a first violation, is guilty of a gross misdemeanor; and

8-19 (b) For a second or subsequent violation, is guilty of a category E

8-20 felony.

8-21 3. If a person is found guilty of violating the provisions of subsection

8-22 1, the attorney general shall, when applicable, give notice of the

8-23 conviction to each agency of this state or a local government that has

8-24 issued a license, registration, certificate or permit to:

8-25 (a) The person so convicted; and

8-26 (b) The agency or institution in which the aversive intervention or

8-27 deprivation technique was used.

8-28 4. A conviction pursuant to this section is, when applicable, grounds

8-29 for disciplinary action against the person so convicted and the agency or

8-30 institution in which the aversive intervention or deprivation technique

8-31 was used, including, without limitation:

8-32 (a) The suspension or revocation of the license, registration,

8-33 certificate or permit of the person so convicted or of the agency or

8-34 institution in which the aversive intervention or deprivation technique

8-35 was used; or

8-36 (b) The withholding of state funding for the agency or institution until

8-37 the state agency that administers the funding is satisfied that the agency

8-38 or institution has taken or is taking reasonable actions to prevent future

8-39 use of the aversive intervention or deprivation technique.

8-40 5. As used in this section, unless the context otherwise requires:

9-1 (a) "Aversive intervention or deprivation technique" means any

9-2 intervention, technique, stimulus or procedure that causes physical pain

9-3 or extreme discomfort, psychological pain or humiliation to a child with

9-4 a disability upon whom the intervention, technique, stimulus or

9-5 procedure is used. The term includes, without limitation:

9-6 (1) The use of noxious odors and tastes;

9-7 (2) The use of water and other mists or sprays;

9-8 (3) Blasts of air;

9-9 (4) Corporal punishment;

9-10 (5) Electric shock;

9-11 (6) Physical or chemical restraint, or both;

9-12 (7) Seclusion;

9-13 (8) Any intervention, technique or procedure that deprives a child

9-14 with a disability of the use of one or more of his senses, regardless of the

9-15 length of deprivation; and

9-16 (9) The deprivation of necessities needed to sustain the health of a

9-17 child with a disability, regardless of the length of the deprivation.

9-18 (b) "Child with a disability" means a child who:

9-19 (1) Has a physical or mental impairment that substantially limits

9-20 one or more of the major life activities of the child;

9-21 (2) Has a record of such an impairment; or

9-22 (3) Is regarded as having such an impairment.

9-23 Sec. 8. NRS 432B.490 is hereby amended to read as follows:

9-24 432B.490 1. An agency which provides protective services:

9-40 court.

10-1 Sec. 9. Chapter 449 of NRS is hereby amended by adding thereto a

10-2 new section to read as follows:

10-3 1. A person employed by a facility licensed by the board pursuant to

10-4 this chapter shall not use any aversive intervention or deprivation

10-5 technique on a person with a disability to modify or change the behavior

10-6 of the person with a disability. For the purposes of this section, an

10-7 aversive intervention or deprivation technique does not include the use of

10-8 reasonable and necessary force on a person with a disability if the force

10-9 is used:

10-10 (a) To quell a disturbance that threatens physical injury to any person

10-11 or threatens the destruction of property;

10-12 (b) To obtain possession of a weapon or other dangerous object that is

10-13 within the control of the person with a disability;

10-14 (c) For self-defense or the defense of another person; or

10-15 (d) To escort a person with a disability away from the scene of a

10-16 disturbance being caused by him if he has refused to leave voluntarily

10-17 with the proper authorities.

10-18 2. Unless a more severe penalty is prescribed by specific statute

10-19 because of the nature of the aversive intervention or deprivation

10-20 technique used on the person with a disability or the injury suffered as a

10-21 result of the use of such intervention or technique, a person who violates

10-22 this section:

10-23 (a) For a first violation, is guilty of a gross misdemeanor; and

10-24 (b) For a second or subsequent violation, is guilty of a category E

10-25 felony.

10-26 3. If a person is found guilty of violating the provisions of subsection

10-27 1, the attorney general shall, when applicable, give notice of the

10-28 conviction to each agency of this state or a local government that has

10-29 issued a license, registration, certificate or permit to:

10-30 (a) The person so convicted; and

10-31 (b) The facility in which the aversive intervention or deprivation

10-32 technique was used.

10-33 4. A conviction pursuant to this section is, when applicable, grounds

10-34 for disciplinary action against the person so convicted and the facility in

10-35 which the aversive intervention or deprivation technique was used,

10-36 including, without limitation:

10-37 (a) The suspension or revocation of the license, registration,

10-38 certificate or permit of the person so convicted or of the facility in which

10-39 the aversive intervention or deprivation technique was used; or

10-40 (b) The withholding of state funding for the facility until the state

10-41 agency that administers the funding is satisfied that the facility has taken

10-42 or is taking reasonable actions to prevent future use of the aversive

10-43 intervention or deprivation technique.

11-1 5. As used in this section, unless the context otherwise requires:

11-2 (a) "Aversive intervention or deprivation technique" means any

11-3 intervention, technique, stimulus or procedure that causes physical pain

11-4 or extreme discomfort, psychological pain or humiliation to a person

11-5 with a disability upon whom the intervention, technique, stimulus or

11-6 procedure is used. The term includes, without limitation:

11-7 (1) The use of noxious odors and tastes;

11-8 (2) The use of water and other mists or sprays;

11-9 (3) Blasts of air;

11-10 (4) Corporal punishment;

11-11 (5) Electric shock;

11-12 (6) Physical or chemical restraint, or both;

11-13 (7) Seclusion;

11-14 (8) Any intervention, technique or procedure that deprives a person

11-15 with a disability of the use of one or more of his senses, regardless of the

11-16 length of deprivation; and

11-17 (9) The deprivation of necessities needed to sustain the health of a

11-18 person with a disability, regardless of the length of the deprivation.

11-19 (b) "Person with a disability" means a person who is a patient at a

11-20 facility licensed by the board pursuant to this chapter and who:

11-21 (1) Has a physical or mental impairment that substantially limits

11-22 one or more of the major life activities of the person;

11-23 (2) Has a record of such an impairment; or

11-24 (3) Is regarded as having such an impairment.

11-25 Sec. 10. The amendatory provisions of this act do not apply to

11-26 offenses that were committed before October 1, 1999.