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 to 5, inclusive, 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. Except as otherwise provided in subsection 5, a person

1-9 must obtain a license from the board to operate a business that provides

1-10 referrals to residential facilities for groups.

1-11 2. The board shall adopt:

1-12 (a) Standards for the licensing of businesses that provide referrals to

1-13 residential facilities for groups; and

2-1 (b) Regulations governing the licensing of such businesses.

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

2-3 provide referrals to residential facilities for groups through a business

2-4 that is licensed pursuant to this section.

2-5 4. A business that is licensed pursuant to this section or an employee

2-6 of such a business shall not:

2-7 (a) Refer a person to a residential facility for groups that is not

2-8 licensed.

2-9 (b) Accept or receive a fee for the referral of a person to a residential

2-10 facility for groups either from or on behalf of the person who is referred

2-11 to the facility or from the facility to which the person is referred.

2-12 A person who violates the provisions of this subsection is liable for a civil

2-13 penalty to be recovered by the attorney general in the name of the state

2-14 board of health for the first offense of $10,000 and for a second or

2-15 subsequent offense of not less than $10,000 nor more than $20,000.

2-16 Unless otherwise required by federal law, the state board of health shall

2-17 deposit all civil penalties collected pursuant to this section into a separate

2-18 account in the state general fund to be used for the enforcement of this

2-19 section and the protection of the health, safety, well-being and property

2-20 of residences of residential facilities for groups.

2-21 5. This section does not apply to a medical facility that is licensed

2-22 pursuant to NRS 449.001 to 449.240, inclusive, this section and sections

2-23 3 and 5 of this act, on October 1, 1999.

2-24 Sec. 4. If the health division suspends or revokes the license of a

2-25 person who operates a residential facility for groups for conduct or a

2-26 practice detrimental to the health or safety of the occupants of the

2-27 facility, the division shall suspend or revoke the license of all residential

2-28 facilities for groups operated by that person. The person who operates the

2-29 facility shall move all of the persons who are receiving services in the

2-30 residential facilities for groups to other licensed residential facilities for

2-31 groups at his own expense.

2-32 Sec. 5. The provisions of NRS 449.249, 449.2493 and 449.2496

2-33 apply to homes for individual residential care in a county whose

2-34 population is less than 100,000.

2-35 Sec. 6. NRS 449.017 is hereby amended to read as follows:

2-36 449.017 1. Except as otherwise provided in subsection 2, "residential

2-42 (a) An establishment which provides care only during the day;

3-1 (b) [A natural person who provides care for no more than two persons in

3-2 his own home;

3-3 (c)] A natural person who provides care for one or more persons related

3-4 to him within the third degree of consanguinity or affinity; [or

3-5 (d)] (c) A facility funded by the welfare division or the mental hygiene

3-6 and mental retardation division of the department of human resources [.] ;

3-7 or

3-8 (d) A home for individual residential care in a county whose

3-9 population is less than 100,000.

3-10 Sec. 7. NRS 449.030 is hereby amended to read as follows:

3-11 449.030 1. No person, state or local government or agency thereof

3-18 board.

3-19 Sec. 8. NRS 449.037 is hereby amended to read as follows:

3-20 449.037 1. The board shall adopt:

3-43 of each person accommodated in the facility.

4-1 5. The board shall establish minimum qualifications for administrators

4-2 and employees of residential facilities for groups. In establishing the

4-3 qualifications, the board shall consider the related standards set by

4-4 nationally recognized organizations which accredit such facilities.

4-5 6. The board shall adopt separate regulations regarding the assistance

4-6 which may be given pursuant to NRS 453.375 and 454.213 to an ultimate

4-7 user of controlled substances or dangerous drugs by employees of

4-8 residential facilities for groups. The regulations must require at least the

4-9 following conditions before such assistance may be given:

4-10 (a) The ultimate user’s physical and mental condition is stable and is

4-11 following a predictable course.

4-12 (b) The amount of the medication prescribed is at a maintenance level

4-13 and does not require a daily assessment.

4-14 (c) A written plan of care by a physician or registered nurse has been

4-15 established that:

4-16 (1) Addresses possession and assistance in the administration of the

4-17 medication; and

4-18 (2) Includes a plan, which has been prepared under the supervision of

4-19 a registered nurse or licensed pharmacist, for emergency intervention if an

4-20 adverse condition results.

4-21 (d) The prescribed medication is not administered by injection or

4-22 intravenously.

4-23 (e) The employee has successfully completed training and examination

4-24 approved by the health division regarding the authorized manner of

4-25 assistance.

4-26 7. The board, in consultation with the state fire marshal, shall adopt

4-27 regulations and requirements to ensure that each residential facility for

4-28 groups and its staff is prepared to respond to an emergency, including,

4-29 without limitation:

4-30 (a) The adoption of plans to respond to a natural disaster and other

4-31 types of emergency situations, including, without limitation, an

4-32 emergency involving fire;

4-33 (b) The adoption of plans to provide for the evacuation of a residential

4-34 facility for groups in an emergency, including, without limitation, plans

4-35 to ensure that nonambulatory patients may be evacuated;

4-36 (c) Educating the residents of residential facilities for groups

4-37 concerning the plans adopted pursuant to paragraphs (a) and (b); and

4-38 (d) Posting the plans or a summary of the plans adopted pursuant to

4-39 paragraphs (a) and (b) in a conspicuous place in each residential facility

4-40 for groups.

5-1 Sec. 9. NRS 449.210 is hereby amended to read as follows:

5-2 449.210 [Any]

5-18 3. Unless otherwise required by federal law, the health division shall

5-19 deposit all civil penalties collected pursuant to this section into a separate

5-20 account in the state general fund to be used for the protection of the

5-21 health, safety and well-being of patients including residents of residential

5-22 facilities for groups.

5-23 Sec. 10. NRS 449.230 is hereby amended to read as follows:

5-24 449.230 1. Any authorized member or employee of the health

5-42 for health and sanitation.

6-1 4. An authorized member or employee of the health division shall

6-2 enter and inspect any building or premises operated by a residential

6-3 facility for groups within 72 hours after the health division is notified

6-4 that a residential facility for groups is operating without a license.

6-5 Sec. 11. NRS 654.190 is hereby amended to read as follows:

6-6 654.190 1. The board may, after notice and hearing, impose an

6-25 recovered by the board.

6-26 Sec. 12. 1. Notwithstanding the provisions of NRS 449.017, as

6-27 amended by this act, and NRS 449.030, a person who is operating a home

6-28 for individual residential care on October 1, 1999, in a county whose

6-29 population is 100,000 or more, which is registered with the health division

6-30 of the department of human resources pursuant to NRS 449.249, may

6-31 continue to operate the home for individual residential care pursuant to the

6-32 provisions of NRS 449.0105 to 449.2496, inclusive, and the regulations

6-33 adopted pursuant thereto, as those provisions existed on October 1, 1999,

6-34 until January 1, 2000, without becoming licensed as a residential facility for

6-35 groups, but must either become licensed as a residential facility for groups

6-36 on or before January 1, 2000, or cease operation on that date.

6-37 2. On or before November 1, 1999, the health division of the

6-38 department of human resources shall provide a copy of the provisions of

6-39 subsection 1 to each home for individual residential care that is registered

6-40 pursuant to NRS 449.249 on October 1, 1999, in a county whose

6-41 population is 100,000 or more.

7-1 3. The health and aging services divisions of the department of human

7-2 resources shall continue to perform the duties prescribed by the provisions

7-3 of NRS 449.0105 to 449.2496, inclusive, and the regulations adopted

7-4 pursuant thereto, as those provisions existed on October 1, 1999, as to each

7-5 home for individual residential care which continues to operate after

7-6 October 1, 1999, in a county whose population is 100,000 or more,

7-7 pursuant to subsection 1 until January 1, 2000, or the date on which there

7-8 are no such homes remaining in such counties, whichever is earlier.

7-9 Sec. 13. The amendatory provisions of this act do not apply to

7-10 offenses that were committed before October 1, 1999.