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 449 of NRS is hereby amended by adding thereto

1-2 the provisions set forth as sections 2 and 3 of this act.

1-3 Sec. 2. A person who operates a residential facility for groups shall:

1-4 1. Post his license to operate the residential facility for groups; and

1-5 2. Post the rates for services provided by the residential facility for

1-6 groups,

1-7 in a conspicuous place in the residential facility for groups.

1-8 Sec. 3. 1. A person must obtain a license from the board to operate

1-9 a business that provides referrals to residential facilities for groups.

2-1 2. The board shall adopt:

2-2 (a) Standards for the licensing of businesses that provide referrals to

2-3 residential facilities for groups; and

2-4 (b) Regulations governing the licensing of such businesses.

2-5 3. Only a licensed nurse, social worker, physician or hospital may

2-6 provide referrals to residential facilities for groups through a business

2-7 that is licensed pursuant to this section.

2-8 4. A business that is licensed pursuant to this section or an employee

2-9 of such a business shall not refer a person to a residential facility for

2-10 groups that is not licensed. A person who violates the provisions of this

2-11 subsection shall be punished by an administrative fine established by the

2-12 board.

2-13 Sec. 4. NRS 449.00455 is hereby amended to read as follows:

2-14 449.00455 "Facility for the treatment of abuse of alcohol or drugs"

2-21 voluntary organizations.

2-22 Sec. 5. NRS 449.017 is hereby amended to read as follows:

2-23 449.017 1. Except as otherwise provided in subsection 2, "residential

2-35 and mental retardation division of the department of human resources.

2-36 Sec. 6. NRS 449.030 is hereby amended to read as follows:

2-37 449.030 1. No person, state or local government or agency thereof

2-42 state or local government or agency thereof shall not operate a program of

3-1 hospice care without first obtaining a license for the program from the

3-2 board.

3-3 Sec. 7. NRS 449.037 is hereby amended to read as follows:

3-4 449.037 1. The board shall adopt:

3-42 established that:

4-1 (1) Addresses possession and assistance in the administration of the

4-2 medication; and

4-3 (2) Includes a plan, which has been prepared under the supervision of

4-4 a registered nurse or licensed pharmacist, for emergency intervention if an

4-5 adverse condition results.

4-6 (d) The prescribed medication is not administered by injection or

4-7 intravenously.

4-8 (e) The employee has successfully completed training and examination

4-9 approved by the health division regarding the authorized manner of

4-10 assistance.

4-11 7. The board, in consultation with the state fire marshal, shall adopt

4-12 plans and requirements to ensure that each residential facility for groups

4-13 and its staff is prepared to respond to an emergency, including, without

4-14 limitation:

4-15 (a) The adoption of plans to respond to a natural disaster and other

4-16 types of emergency situations, including, without limitation, an

4-17 emergency involving fire;

4-18 (b) The adoption of plans to provide for the evacuation of a residential

4-19 facility for groups in an emergency, including, without limitation, plans

4-20 to ensure that nonambulatory patients may be evacuated;

4-21 (c) Educating the residents of residential facilities for groups

4-22 concerning the plans adopted pursuant to paragraphs (a) and (b); and

4-23 (d) Posting the plans or a summary of the plans adopted pursuant to

4-24 paragraphs (a) and (b) in a conspicuous place in each residential facility

4-25 for groups.

4-26 Sec. 8. NRS 449.210 is hereby amended to read as follows:

4-27 449.210 [Any]

4-42 violation of this section is guilty of a category D felony and shall be

5-1 punished as provided in NRS 193.130, and by a fine of not less than

5-2 $10,000 and not more than $20,000.

5-3 Sec. 9. NRS 449.230 is hereby amended to read as follows:

5-4 449.230 1. Any authorized member or employee of the health

5-26 that a residential facility for groups is operating without a license.

5-27 Sec. 10. Chapter 458 of NRS is hereby amended by adding thereto the

5-28 provisions set forth as sections 11 to 17, inclusive, of this act.

5-29 Sec. 11. 1. No person, state or local government or agency thereof

5-30 may operate or maintain in this state a facility for the treatment of abuse

5-31 of alcohol or drugs without first obtaining a certificate for the facility

5-32 from the bureau.

5-33 2. A person that operates a facility for the treatment of abuse of

5-34 alcohol or drugs without a certificate issued by the bureau is guilty of a

5-35 misdemeanor.

5-36 Sec. 12. Each certificate issued by the bureau to a facility for the

5-37 treatment of abuse of alcohol or drugs expires on the first December 31

5-38 following its issuance and is renewable for 1 year upon reapplication and

5-39 payment of a renewal fee established pursuant to NRS 458.025.

5-40 Sec. 13. The bureau may:

5-41 1. Upon receipt of an application for certification as a facility for the

5-42 treatment of abuse of alcohol or drugs, conduct an investigation into the

5-43 premises, qualifications of personnel, methods of operation, policies and

6-1 purposes of any person proposing to engage in the operation of that

6-2 facility.

6-3 2. Upon receipt of a complaint against a facility for the treatment of

6-4 abuse of alcohol or drugs, conduct an investigation into the premises,

6-5 qualification of personnel, methods of operation, policies, procedures

6-6 and records of that facility.

6-7 3. Inspect a facility for the treatment of abuse of alcohol or drugs at

6-8 any time, with or without notice, as often as is necessary to ensure

6-9 compliance with all applicable regulations and standards adopted by the

6-10 bureau.

6-11 Sec. 14. 1. If a facility for the treatment of abuse of alcohol or

6-12 drugs violates any provisions related to its certification, including,

6-13 without limitation, any law of this state or any applicable condition,

6-14 standard or regulation adopted by the bureau, the bureau may:

6-15 (a) Suspend or revoke its certification; and

6-16 (b) Impose an administrative fine of not more than $1,000 per day for

6-17 each violation, together with interest thereon at a rate not to exceed 10

6-18 percent per annum.

6-19 2. If a facility for the treatment of abuse of alcohol or drugs fails to

6-20 pay an administrative fine imposed pursuant to subsection 1, the bureau

6-21 may:

6-22 (a) Suspend the certificate of the facility until the administrative fine

6-23 is paid; and

6-24 (b) Collect court costs, reasonable attorney’s fees and other costs

6-25 incurred to collect the administrative fine.

6-26 3. Any money collected as an administrative fine must be deposited

6-27 in the state general fund. If money is needed to pay the costs of an

6-28 investigation or inspection to carry out the provisions of NRS 458.010 to

6-29 458.360, inclusive, and sections 11 to 17, inclusive, of this act, the bureau

6-30 may present a claim to the state board of examiners for recommendation

6-31 to the interim finance committee.

6-32 Sec. 15. The bureau shall adopt such regulations as are necessary to

6-33 carry out the provisions of NRS 458.010 to 458.360, inclusive, and

6-34 sections 11 to 17, inclusive, of this act.

6-35 Sec. 16. 1. The bureau may bring an action in the name of the

6-36 state to enjoin any person, state or local government or agency thereof

6-37 from operating or maintaining a facility for the treatment of abuse of

6-38 alcohol or drugs:

6-39 (a) Without first obtaining a certificate therefor; or

6-40 (b) After such a certificate has been revoked or suspended by the

6-41 bureau.

7-1 2. It is sufficient in such an action to allege that the defendant did,

7-2 on a certain date and in a certain place, operate and maintain such a

7-3 facility without a certificate.

7-4 Sec. 17. The district attorney of the county in which a facility for the

7-5 treatment of abuse of alcohol or drugs is located shall, upon application

7-6 by the bureau, institute and conduct the prosecution of any action for a

7-7 violation of section 11 of this act.

7-8 Sec. 18. NRS 458.010 is hereby amended to read as follows:

7-9 458.010 As used in NRS 458.010 to 458.360, inclusive, and section

7-34 meaning ascribed to it in NRS 449.00455.

7-35 Sec. 19. NRS 458.025 is hereby amended to read as follows:

7-36 458.025 The bureau of alcohol and drug abuse is hereby created in the

7-43 services and programs throughout the state.

8-1 (b) A plan for programs to educate the public in the problems of the

8-2 abuse of alcohol and other drugs.

8-3 (c) A survey of the need for trained teachers, persons who have

8-4 professional training in fields of health and others involved in the

8-5 education and prevention of alcohol and drug abuse and in the treatment

8-6 and recovery of alcohol and drug abusers, and a plan to provide the

8-7 necessary
8-8 treatment.

8-9 In developing and revising the state plan, the bureau shall consider, among

8-10 other things, the amount of money available from the Federal Government

8-11 for alcohol and drug abuse programs and the conditions attached to the

8-12 acceptance of the money, and the limitations of legislative appropriations

8-13 for alcohol and drug abuse programs.

8-14 2. Is responsible for coordinating efforts to carry out the state plan and

8-15 coordinating all state and federal financial support of alcohol and drug

8-16 abuse programs in the state. The bureau must be consulted in the planning

8-17 of projects and advised of all applications for grants from within the state

8-18 which are concerned with alcohol and drug abuse programs, and shall

8-19 review and advise concerning the applications.

8-20 3. Shall develop and publish standards of certification and may certify

8-21 or deny certification of any facilities, programs or personnel on the basis of

8-22 the standards, and publish a list of certified facilities, programs and

8-23 personnel. Any facilities, programs or personnel which are not certified are

8-24 ineligible to receive state and federal money for alcohol and drug abuse

8-25 programs. The chief [shall] :

8-26 (a) Shall establish requirements for continuing education for persons

8-27 certified as counselors and administrators of the programs ; and [may]

8-28 (b) May set fees for certification of facilities, programs or personnel.

8-29 The fees must be calculated to produce the revenue estimated to cover the

8-30 costs related to the certifications . [, but in no case may] Except for the fee

8-31 for the issuance or renewal of a certificate for a facility for the treatment

8-32 of abuse of alcohol or drugs, the fee for a certificate must not exceed

8-33 $100.

8-34 4. Upon request from a facility which is [self-supported,] not required

8-35 to be certified by the bureau, may certify the facility, its programs and

8-36 personnel and add them to the list of certified facilities, programs and

8-37 personnel.

8-38 Sec. 20. NRS 654.190 is hereby amended to read as follows:

8-39 654.190 1. The board may, after notice and hearing, impose an

8-43 (a) Is convicted of a felony, or of any offense involving moral turpitude.

9-1 (b) Has obtained his license by the use of fraud or deceit.

9-2 (c) Violates any of the provisions of this chapter.

9-3 (d) Aids or abets any person in the violation of any of the provisions of

9-4 NRS 449.001 to 449.240, inclusive, or section 2 or 3 of this act, as those

9-5 provisions pertain to a facility for skilled nursing, facility for intermediate

9-6 care or residential facility for groups.

9-7 (e) Violates any regulation of the board prescribing additional standards

9-8 of conduct for nursing facility administrators or administrators of

9-9 residential facilities for groups.

9-10 2. The board shall give a licensee against whom proceedings are

9-11 brought pursuant to this section written notice of a hearing not less than 10

9-12 days before the date of the hearing.

9-13 3. If discipline is imposed pursuant to this section, the costs of the

9-14 proceeding, including investigative costs and attorney’s fees, may be

9-15 recovered by the board.

9-16 Sec. 21. NRS 449.0105, 449.249, 449.2493 and 449.2496 are hereby

9-17 repealed.

9-18 Sec. 22. 1. Notwithstanding the provisions of NRS 449.017, as

9-19 amended by this act, and NRS 449.030, a person who is operating a home

9-20 for individual residential care on October 1, 1999, which is registered with

9-21 the health division of the department of human resources pursuant to NRS

9-22 449.249, may continue to operate the home for individual residential care

9-23 pursuant to the provisions of NRS 449.0105 to 449.2496, inclusive, and

9-24 the regulations adopted pursuant thereto, as those provisions existed on

9-25 October 1, 1999, until January 1, 2000, without becoming licensed as a

9-26 residential facility for groups, but must either become licensed as a

9-27 residential facility for groups on or before January 1, 2000, or cease

9-28 operation on that date.

9-29 2. On or before November 1, 1999, the health division of the

9-30 department of human resources shall provide a copy of the provisions of

9-31 subsection 1 to each home for individual residential care that is registered

9-32 pursuant to NRS 449.249 on October 1, 1999.

9-33 3. The health and aging services divisions of the department of human

9-34 resources shall continue to perform the duties prescribed by the provisions

9-35 of NRS 449.0105 to 449.2496, inclusive, and the regulations adopted

9-36 pursuant thereto, as those provisions existed on October 1, 1999, as to each

9-37 home for individual residential care which continues to operate after

9-38 October 1, 1999, pursuant to subsection 1 until January 1, 2000, or the date

9-39 on which there are no such homes remaining, whichever is earlier.

9-40 Sec. 23. 1. All administrative regulations adopted by the state board

9-41 of health pursuant to the authority in subsection 1 of NRS 449.249 are

9-42 hereby declared to be void on January 1, 2000.

10-1 2. In preparing the supplements to the Nevada Administrative Code,

10-2 on or after January 1, 2000, the legislative counsel shall remove all

10-3 provisions declared void by subsection 1.

10-4 Sec. 24. 1. The amendatory provisions of sections 1 to 9, inclusive,

10-5 of this act do not apply to offenses that were committed before October 1,

10-6 1999.

10-7 2. The amendatory provisions of sections 10 to 19, inclusive, of this

10-8 act do not apply to offenses that were committed before January 1, 2000.

10-9 Sec. 25. 1. This section and sections 1 to 9, inclusive, and 20 to 24,

10-10 inclusive, of this act become effective on October 1, 1999.

10-11 2. Sections 10 to 19, inclusive, of this act become effective:

10-12 (a) Upon passage and approval for the purpose of adopting regulations

10-13 and performing any other preparatory administrative tasks that are

10-14 necessary to carry out the provisions of those sections; and

10-15 (b) On January 1, 2000, for all other purposes.

10-16 TEXT OF REPEALED SECTIONS

10-17 449.0105 "Home for individual residential care" defined. "Home

10-24 449.249 Establishment of procedure for registration; registration

10-30 449.2493 Authority of health division and aging services division

11-1 449.2496 Registration required for operation; penalty.

11-2 1. A person shall not operate or maintain in this state a home for

11-3 individual residential care unless the home is registered with the health

11-4 division pursuant to NRS 449.249.

11-5 2. A person who commits a second or subsequent violation of

11-6 subsection 1 is guilty of a misdemeanor.