Assembly Amendment to Assembly Bill No. 181 (BDR 40-1059)
Proposed by: Committee on Ways and Means
Amendment Box: Resolves conflict with A.B. No. 124.
Resolves Conflicts with: AB124
Amends: Summary: Title: Preamble: Joint Sponsorship:
ASSEMBLY ACTION
Initial and Date | SENATE ACTION Initial and DateAdopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 through 17 and adding new sections designated sections 1 through 43, following the enacting clause, to read as follows:
"Section 1. NRS 449.00455 is hereby amended to read as follows:
and which is certified by the bureau of alcohol and drug abuse inSec. 2. NRS 453.1545 is hereby amended to read as follows:
(a) Be designed to provide information regarding the inappropriate use of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies in order to prevent the improper or illegal use of such controlled substances.
(b) Be administered by the board, the division, the bureau of alcohol and drug abuse
(c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.
2. The board and division must have access to the program established pursuant to subsection 1 for the purpose of identifying any suspected fraudulent or illegal activity related to the dispensing of controlled substances.
3. The board
4. Information obtained from the program is confidential and, except as otherwise provided by this section, must not be disclosed to any person. Information obtained from the program must be disclosed:
(a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or
(b) Upon the lawful order of a court of competent jurisdiction.
5. The board and the division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.
Sec. 3. NRS 453.580 is hereby amended to read as follows:
2. A program to which a court assigns a person pursuant to subsection 1 must include:
(a) Information and encouragement for the participant to cease abusing alcohol or using controlled substances through educational, counseling and support sessions developed with the cooperation of various community, health, substance abuse, religious, social service and youth organizations;
(b) The opportunity for the participant to understand the medical, psychological and social implications of substance abuse; and
(c) Alternate courses within the program based on the different substances abused and the addictions of participants.
3. If the offense with which the person was charged involved the use or possession of a controlled substance, in addition to the program or as a part of the program the court must also require frequent urinalysis to determine that the person is not using a controlled substance. The court shall specify how frequent such examinations must be and how many must be successfully completed, independently of other requisites for successful completion of the program.
4. Before the court assigns a person to a program pursuant to this section, the person must agree to pay the cost of the program to which he is assigned and the cost of any additional supervision required pursuant to subsection 3, to the extent of his financial resources. If the person does not have the financial resources to pay all of the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program at a facility that receives a sufficient amount of federal or state funding to offset the remainder of the costs.
Sec. 4. Chapter 458 of NRS is hereby amended by adding thereto the provisions set forth as sections 5 to 8, inclusive, of this act.
Sec. 5.
1. The bureau shall prepare requests for proposals for the provision by facilities of:(a) Residential treatment of adolescents who engage in substance abuse;
(b) Outpatient treatment of adolescents who engage in substance abuse;
(c) Comprehensive evaluations of adolescents with problems relating to substance abuse or mental illness, or both; and
(d) Transitional housing for adolescents who engage in substance abuse.
2. Upon accepting a proposal submitted in accordance with this section, the bureau may advance not more than 8 percent of the amount of the proposal to the facility that submitted the proposal to help defray the costs of starting the provision of the services, including, without limitation, the cost of beds, equipment and rental space for expansion.
3. The bureau shall establish such requirements for the requests for proposals as it determines necessary.
4. The bureau shall hire, to the extent of legislative authorization, such staff as it determines necessary to carry out the provisions of this section and section 6 of this act.
Sec. 6.
The bureau shall, on or before September 1 of each odd-numbered year, submit to the director a report covering the biennium ending on June 30 of that year. The report must include:1. The name of each facility that received money pursuant to section 5 of this act during the biennium, and the amount of money that each facility received for each type of service provided;
2. If a facility received money pursuant to section 5 of this act during the biennium to help defray the costs of starting the provision of services, the name of the facility, the amount of money received and an accounting of how the money was used;
3. The number of adolescents who received any of the services described in section 5 of this act from such facilities during the biennium, and the number of adolescents who were receiving such services as of the end of the biennium; and
4. As of the end of the biennium:
(a) The number of adolescents on waiting lists to receive the services described in section 5 of this act; and
(b) An estimate of the number of other adolescents in this state who are in need of the services described in section 5 of this act.
Sec. 7.
The commission shall:1. Establish a standard system for referrals between providers of services relating to the treatment of mental health problems and providers of services relating to treatment for substance abuse;
2. Identify the facilities for the treatment of substance abuse located in this state in which at least one specialist in mental health should be placed;
3. Identify the facilities for the treatment of mental health problems located in this state in which at least one counselor in substance abuse should be placed;
4. Determine the cost of placing such specialists and counselors in facilities pursuant to subsections 2 and 3;
5. Determine the process by which clients in a facility for the treatment of substance abuse would receive treatment for mental health problems when necessary; and
6. Determine the process by which clients in a facility for the treatment of mental health problems would receive treatment for substance abuse when necessary.
Sec. 8.
1. The commission shall:(a) Establish a standard report card that identifies at least four key indicators of the level of substance abuse by adolescents and adults residing in this state; and
(b) Publicize the indicators to be used in the report card.
2. The commission shall annually compile a list of substance abuse programs in this state that are publicly or privately financed, or both, including:
(a) Treatment programs for adolescents and adults;
(b) Intervention programs for adolescents and adults;
(c) Prevention programs for adolescents and adults; and
(d) Education programs for adolescents and adults.
Sec. 9. NRS 458.010 is hereby amended to read as follows:
458.010 As used in NRS 458.010 to 458.360, inclusive,
and sections 5 and 6 of this act, unless the context requires otherwise:1. "Alcohol and drug abuse program" means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. "Alcohol and drug abuser" means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. "Alcoholic" means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. "Bureau" means the bureau of alcohol and drug abuse in
5. "Chief" means the chief of the bureau.
6. "Civil protective custody" means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. "Department" means the department of
8. "Director" means the director of the department.
9. "Facility" means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
Sec. 10. NRS 458.025 is hereby amended to read as follows:
458.025 The bureau of alcohol and drug abuse is hereby created in
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for trained teachers, persons who have professional training in fields of health and others involved in the education and prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
In developing and revising the state plan, the bureau shall consider, among other things, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of the money, and the limitations of legislative appropriations for alcohol and drug abuse programs.
2. Is responsible for coordinating efforts to carry out the state plan and coordinating all state and federal financial support of alcohol and drug abuse programs in the state. The bureau must be consulted in the planning of projects and advised of all applications for grants from within the state which are concerned with alcohol and drug abuse programs, and shall review and advise concerning the applications.
3. Shall develop and publish standards of certification and may certify or deny certification of any facilities, programs or personnel on the basis of the standards, and publish a list of certified facilities, programs and personnel. Any facilities, programs or personnel which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief shall establish requirements for continuing education for persons certified as counselors and administrators of the programs and may set fees for certification of facilities, programs or personnel. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may the fee for a certificate exceed $100.
4. Upon request from a facility which is self-supported, may certify the facility, its programs and personnel and add them to the list of certified facilities, programs and personnel.
Sec. 11. NRS 458.100 is hereby amended to read as follows:
2. Money in the account must be used
3. All claims must be approved by the chief before they are paid.
Sec. 12. NRS 458.370 is hereby amended to read as follows:
458.370 As used in NRS 458.370 to 458.420, inclusive,
and sections 7 and 8 of this act, unless the context otherwise requires, "commission" means the commission on substance abuse education, prevention, enforcement and treatment.Sec. 13. NRS 458.400 is hereby amended to read as follows:
2. All money received by the commission must be deposited in the fund for substance abuse education, prevention, enforcement and treatment which is hereby created as a special revenue fund.
3. The money in the fund may be used only to:
(a) Make grants to programs for substance abuse education, prevention, enforcement and treatment; and
(b) Carry out the provisions of NRS 458.370 to 458.420, inclusive
4. All claims against the fund must be paid as other claims against the state are paid.
5. Any money received by the commission on the condition that it be expended for a specific purpose must be accounted for separately in the fund.
Sec. 14. NRS 4.373 is hereby amended to read as follows:
4.373 1. Except as otherwise provided in subsection 2
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using a controlled substance or consuming alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the justice of the peace.
3. The justice of the peace may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
4. The justice of the peace may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 15. NRS 5.055 is hereby amended to read as follows:
5.055 1. Except as otherwise provided in subsection 2
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity;
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge;
(g) Submit to a search and seizure by the chief of a department of alternative sentencing, an assistant alternative sentencing officer or any other law enforcement officer at any time of the day or night without a search warrant; and
(h) Submit to periodic tests to determine whether the offender is using any controlled substance or alcohol.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the municipal judge.
3. The municipal judge may order reports from a person whose sentence is suspended at such times as he deems appropriate concerning the compliance of the offender with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
4. The municipal judge may issue a warrant for the arrest of an offender who violates or fails to fulfill a condition of suspension.
Sec. 16. NRS 62.2275 is hereby amended to read as follows:
(a) Driving under the influence of intoxicating liquor or a controlled substance in violation of NRS 484.379 or 484.3795;
(b) Using, possessing, selling or distributing a controlled substance; or
(c) Purchasing, consuming or possessing an alcoholic beverage in violation of NRS 202.020,
the judge, or his authorized representative, shall require the child to undergo an evaluation to determine if the child is an abuser of alcohol or other drugs.
2. The evaluation of a child pursuant to this section:
(a) Must be conducted by:
(1) A counselor certified to make that classification by the bureau of alcohol and drug abuse;
(2) A physician certified to make that classification by the board of medical examiners; or
(3) A person who is approved to make that classification by the bureau of alcohol and drug abuse,
who shall report to the judge the results of the evaluation and make a recommendation to the judge concerning the length and type of treatment required by the child.
(b) May be conducted at an evaluation center.
3. The judge shall:
(a) Order the child to undergo a program of treatment as recommended by the person who conducted the evaluation pursuant to subsection 2.
(b) Require the treatment facility to submit monthly reports on the treatment of the child pursuant to this section.
(c) Order the child, if he is at least 18 years of age or an emancipated minor, or the parent or legal guardian of the child, to the extent of the financial resources of the child or his parent or legal guardian, to pay any charges relating to the evaluation and treatment of the child pursuant to this section. If the child, or his parent or legal guardian, does not have the financial resources to pay all of those charges:
(1) The judge shall, to the extent possible, arrange for the child to receive treatment from a treatment facility which receives a sufficient amount of federal or state money to offset the remainder of the costs; and
(2) The judge may order the child to perform supervised work for the benefit of the community in lieu of paying the charges relating to his evaluation and treatment. The work must be performed for and under the supervising authority of a county, city, town or other political subdivision or agency of the State of Nevada or a charitable organization that renders service to the community or its residents. The court may require the child or his parent or legal guardian to deposit with the court a reasonable sum of money to pay for the cost of policies of insurance against liability for personal injury and damage to property or for industrial insurance, or both, during those periods in which the child performs the work, unless, in the case of industrial insurance, it is provided by the authority for which he performs the work.
4. A treatment facility is not liable for any damages to person or property caused by a child who drives while under the influence of an intoxicating liquor or a controlled substance after the treatment facility has certified to his successful completion of a program of treatment ordered pursuant to this section.
5. The provisions of this section do not prohibit a judge from:
(a) Requiring an evaluation to be conducted by a person who is employed by a private company if the company meets the standards of the bureau of alcohol and drug abuse. Such an evaluation may be conducted at an evaluation center pursuant to paragraph (b) of subsection 2.
(b) Ordering the child to attend a program of treatment which is administered by a private company.
6. All information relating to the evaluation or treatment of a child pursuant to this section is confidential and, except as otherwise authorized by the provisions of this chapter or the juvenile court, must not be disclosed to any person other than the juvenile court, the child and his attorney, if any, his parents or guardian, the prosecuting attorney and any other person for whom the communication of that information is necessary to effectuate the evaluation or treatment of the child. A record of any finding that a child has violated the provisions of NRS 484.379 or 484.3795 must be included in the driver’s record of that child for 7 years after the date of the offense.
7. As used in this section:
(a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and drug abuse in
(b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.
(c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.
Sec. 17. NRS 200.485 is hereby amended to read as follows:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within the immediately preceding 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
(b) For the second offense within the immediately preceding 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 228.470.
3. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to NRS 228.460.
4. In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the bureau of alcohol and drug abuse
5. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and, except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
6. For the purposes of this section:
(a) "Battery" has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481; and
(b) "Offense" includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 18. NRS 209.4232 is hereby amended to read as follows:
209.4232 "Bureau" means the bureau of alcohol and drug abuse
Sec. 19.
NRS 209.448 is hereby amended to read as follows:2. The provisions of this section apply to any offender who is sentenced on or after October 1, 1991.
Sec. 20. NRS 211.340 is hereby amended to read as follows:
(a) Successfully completes a program of treatment for the abuse of alcohol or drugs which is conducted jointly by the local detention facility in which he is incarcerated and a person certified as a counselor by the bureau of alcohol and drug abuse
(b) Is awarded a certificate evidencing his successful completion of the program.
2. The provisions of this section apply to any prisoner who is sentenced on or after October 1, 1991, to a term of imprisonment of 90 days or more.
Sec. 21. NRS 232.940 is hereby amended to read as follows:
232.940 The rehabilitation division of the department consists of the following bureaus:
1. Bureau of services to the blind and visually impaired.
2.
3.] Bureau of vocational rehabilitation.
Sec. 22. NRS 484.3793 is hereby amended to read as follows:
484.3793 As used in NRS 484.3793 to 484.37947, inclusive:
1. "Evaluation center" means a facility which is approved by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation] human resources to provide an evaluation of an offender to a court in order to determine if the offender is an abuser of alcohol or another drug. The term includes a facility operated by a court or other governmental agency.
2. "Treatment facility" means a facility for the treatment of abuse of alcohol or drugs, which is certified by the bureau of alcohol and drug abuse [of the rehabilitation division of] in the department of [employment, training and rehabilitation.] human resources.
Sec. 23. NRS 484.37935 is hereby amended to read as follows:
484.37935 The bureau of alcohol and drug abuse
Sec. 24. NRS 484.37937 is hereby amended to read as follows:
(a) The person is diagnosed as an alcoholic or abuser of drugs by a:
(1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse
(2) Physician certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the cost of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 1 day, or has performed or will perform 48 hours of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the question of whether the offender is eligible to undergo a program of treatment for alcoholism or drug abuse. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion. The hearing must be limited to the question of whether the offender is eligible to undergo such a program of treatment.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court grants an application for treatment, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum fine provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of any condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 25. NRS 484.3794 is hereby amended to read as follows:
(a) He is diagnosed as an alcoholic or abuser of drugs by a:
(1) Counselor or other person certified to make that diagnosis by the bureau of alcohol and drug abuse
(2) Physician certified to make that diagnosis by the board of medical examiners;
(b) He agrees to pay the costs of the treatment to the extent of his financial resources; and
(c) He has served or will serve a term of imprisonment in jail of 5 days, and if required pursuant to NRS 484.3792, has performed or will perform not less than 50 hours, but not more than 100 hours, of work for the community.
2. A person may not apply to the court to undergo a program of treatment pursuant to subsection 1 if, within the immediately preceding 7 years, he has been found guilty of:
(a) A violation of NRS 484.3795;
(b) A homicide resulting from driving a vehicle while under the influence of intoxicating liquor or a controlled substance; or
(c) A violation of the law of any other jurisdiction which prohibits the same or similar conduct as set forth in paragraph (a) or (b).
3. For the purposes of subsection 1, a violation of the law of any other jurisdiction which prohibits the same or similar conduct as NRS 484.379 constitutes a violation of NRS 484.379.
4. A prosecuting attorney may, within 10 days after receiving notice of an application for treatment pursuant to this section, request a hearing on the matter. The court shall order a hearing on the application upon the request of the prosecuting attorney or may order a hearing on its own motion.
5. At the hearing on the application for treatment, the prosecuting attorney may present the court with any relevant evidence on the matter. If a hearing is not held, the court shall decide the matter upon affidavits and other information before the court.
6. If the court determines that an application for treatment should be granted, the court shall:
(a) Immediately sentence the offender and enter judgment accordingly.
(b) Suspend the sentence of the offender for not more than 3 years upon the condition that the offender be accepted for treatment by a treatment facility, that he complete the treatment satisfactorily and that he comply with any other condition ordered by the court.
(c) Advise the offender that:
(1) If he is accepted for treatment by such a facility, he may be placed under the supervision of the facility for a period not to exceed 3 years and during treatment he may be confined in an institution or, at the discretion of the facility, released for treatment or supervised aftercare in the community.
(2) If he is not accepted for treatment by such a facility or he fails to complete the treatment satisfactorily, he shall serve the sentence imposed by the court. Any sentence of imprisonment must be reduced by a time equal to that which he served before beginning treatment.
(3) If he completes the treatment satisfactorily, his sentence will be reduced to a term of imprisonment which is no longer than that provided for the offense in paragraph (c) of subsection 1 and a fine of not more than the minimum provided for the offense in NRS 484.3792, but the conviction must remain on his record of criminal history.
7. The court shall administer the program of treatment pursuant to the procedures provided in NRS 458.320 and 458.330, except that the court:
(a) Shall not defer the sentence, set aside the conviction or impose conditions upon the election of treatment except as provided in this section.
(b) May immediately revoke the suspension of sentence for a violation of a condition of the suspension.
8. The court shall notify the department, on a form approved by the department, upon granting the application of the offender for treatment and his failure to be accepted for or complete treatment.
Sec. 26. NRS 484.37943 is hereby amended to read as follows:
2. If a person is convicted of a first violation of NRS 484.379 and he is under 21 years of age at the time of the violation, the court shall, before sentencing the offender, require an evaluation of the offender pursuant to subsection 3, 4 or 5 to determine whether he is an abuser of alcohol or other drugs.
3. Except as otherwise provided in subsection 4 or 5, the evaluation of an offender pursuant to this section must be conducted at an evaluation center by:
(a) A counselor certified to make that evaluation by the bureau of alcohol and drug abuse
(b) A physician certified to make that evaluation by the board of medical examiners; or
(c) A person who is approved to make that evaluation by the bureau of alcohol and drug abuse
who shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
4. The evaluation of an offender who resides more than 30 miles from an evaluation center may be conducted outside an evaluation center by a person who has the qualifications set forth in subsection 3. The person who conducts the evaluation shall report to the court the results of the evaluation and make a recommendation to the court concerning the length and type of treatment required for the offender.
5. The evaluation of an offender who resides in another state may, upon approval of the court, be conducted in the state where the offender resides by a physician or other person who is authorized by the appropriate governmental agency in that state to conduct such an evaluation. The offender shall ensure that the results of the evaluation and the recommendation concerning the length and type of treatment for the offender are reported to the court.
6. An offender who is evaluated pursuant to this section shall pay the cost of the evaluation. An evaluation center or a person who conducts an evaluation in this state outside an evaluation center shall not charge an offender more than $100 for the evaluation.
Sec. 27. NRS 484.37947 is hereby amended to read as follows:
484.37947 The provisions of NRS 484.37943 and 484.37945 do not prohibit a court from:
1. Requiring an evaluation pursuant to NRS 484.37943 to be conducted by an evaluation center that is administered by a private company if the company meets the standards of the bureau of alcohol and drug abuse
2. Ordering the offender to attend a program of treatment that is administered by a private company.
Sec. 28. NRS 484.3796 is hereby amended to read as follows:
2. The evaluation must be conducted by:
(a) A counselor certified to make such an evaluation by the bureau of alcohol and drug abuse
(b) A physician certified to make such an evaluation by the board of medical examiners; or
(c) A psychologist certified to make such an evaluation by the board of psychological examiners.
3. The counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 29. NRS 488.430 is hereby amended to read as follows:
2. The evaluation must be conducted by:
(a) A counselor certified to make such an evaluation by the bureau of alcohol and drug abuse
(b) A physician certified to make such an evaluation by the board of medical examiners; or
(c) A psychologist certified to make such an evaluation by the board of psychological examiners.
3. The counselor, physician or psychologist who conducts the evaluation shall immediately forward the results of the evaluation to the director of the department of prisons.
Sec. 30. NRS 608.156 is hereby amended to read as follows:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a maximum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a maximum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a maximum benefit of $2,500 per calendar year.
2. The maximum amount which may be paid in the lifetime of the insured for any combination of the treatments listed in subsection 1 is $39,000.
3. These benefits must be paid in the same manner as benefits for any other illness covered by the employer are paid.
4. The employee is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 31. NRS 641.029 is hereby amended to read as follows:
641.029 This chapter does not apply to:
1. A physician licensed to practice in this state;
2. A person licensed to practice dentistry in this state;
3. A person licensed as a marriage and family therapist pursuant to chapter 641A of NRS;
4. A person licensed to engage in social work pursuant to chapter 641B of NRS;
5. A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person certified as a counselor by the bureau of alcohol and drug abuse
7. Any clergyman,
if such a person does not commit an act described in NRS 641.440 or represent himself as a psychologist.
Sec. 32. NRS 641B.040 is hereby amended to read as follows:
641B.040 This chapter does not apply to:
1. A physician licensed to practice in this state;
2. A nurse licensed to practice in this state;
3. A person licensed as a psychologist pursuant to chapter 641 of NRS;
4. A person certified as a marriage and family counselor pursuant to chapter 641A of NRS;
5. A person licensed as an occupational therapist or occupational therapy assistant pursuant to NRS 640A.010 to 640A.230, inclusive;
6. A person certified as a counselor by the bureau of alcohol and drug abuse
7. Any clergyman;
8. A county welfare director;
9. Any person who may engage in social work or clinical social work in his regular governmental employment but does not hold himself out to the public as a social worker; or
10. A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275. Such a student must be designated by the title "student of social work" or "trainee in social work," or any other title which clearly indicates his training status.
Sec. 33. NRS 689A.046 is hereby amended to read as follows:
(a) Treatment for withdrawal from the physiological effect of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.
2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
3. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 34. NRS 689B.036 is hereby amended to read as follows:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.
2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
3. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 34.5. NRS 695B.194 is hereby amended to read as follows:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.
2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
3. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 35. NRS 695C.174 is hereby amended to read as follows:
(a) Treatment for withdrawal from the physiological effects of alcohol or drugs, with a minimum benefit of $1,500 per calendar year.
(b) Treatment for a patient admitted to a facility, with a minimum benefit of $9,000 per calendar year.
(c) Counseling for a person, group or family who is not admitted to a facility, with a minimum benefit of $2,500 per calendar year.
2. These benefits must be paid in the same manner as benefits for any other illness covered by a similar policy are paid.
3. The insured person is entitled to these benefits if treatment is received in any:
(a) Facility for the treatment of abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse in
(b) Hospital or other medical facility or facility for the dependent which is licensed by the health division of the department of human resources, accredited by the Joint Commission on Accreditation of Hospitals and provides a program for the treatment of abuse of alcohol or drugs as part of its accredited activities.
Sec. 36. Section 15 of Senate Bill No. 101 of this session is hereby amended to read as follows:
Sec. 15. NRS 453.1545 is hereby amended to read as follows:
453.1545 1. The board and the division shall cooperatively develop a computerized program to track each prescription for a controlled substance listed in schedule II, III or IV that is filled by a pharmacy
(a) Be designed to provide information regarding
(1) The
inappropriate use by a patient of controlled substances listed in schedules II, III and IV to pharmacies, practitioners and appropriate state agencies in order to prevent the improper or illegal use of such controlled substances(2) Statistical data relating to the use of such controlled substances that is not specific to a particular patient.
(b) Be administered by the board, the division, the bureau of alcohol and drug abuse in the department of human resources and various practitioners, representatives of professional associations for practitioners, representatives of occupational licensing boards and prosecuting attorneys selected by the board and the division.
(c) Not infringe on the legal use of a controlled substance for the management of severe or intractable pain.
2. The board and division must have access to the program established pursuant to subsection 1 for the purpose of identifying any suspected fraudulent or illegal activity related to the dispensing of controlled substances.
3. The board or division shall report any activity it reasonably suspects may be fraudulent or illegal to the appropriate law enforcement agency or occupational licensing board and provide the law enforcement agency or occupational licensing board with the relevant information obtained from the program for further investigation.
4. Information obtained from the program
relating to a practitioner or a patient is confidential and, except as otherwise provided by this section, must not be disclosed to any person.(a) Upon the request of a person about whom the information requested concerns or upon the request on his behalf by his attorney; or
(b) Upon the lawful order of a court of competent jurisdiction.
5. The board and the division may apply for any available grants and accept any gifts, grants or donations to assist in developing and maintaining the program required by this section.
Sec. 37. 1. The department of human resources shall establish three pilot projects in family resource centers as follows:
(a) One pilot project must be located in a family resource center that is located in a county whose population is 400,000 or more;
(b) One pilot project must be located in a family resource center that is located in a county whose population is 100,000 or more but less than 400,000; and
(c) One pilot project must be located in a family resource center that is located in a county whose population is less than 100,000.
2. Each pilot project must provide families with services related to the prevention of substance abuse and intervention into problems of substance abuse.
3. The commission shall:
(a) Define the scope of the services that must be provided by the pilot projects;
(b) Prepare requests for proposals based on the scope of the services needed;
(c) Set appropriate deadlines for receiving such proposals;
(d) Accept such proposals; and
(e) Review on a competitive basis the proposals submitted and award the pilot projects.
4. The local governing board of a family resource center in which a pilot project has been established shall, for each calendar year in which the family resource center provides services pursuant to the pilot project, submit a report to the commission and the director of the department of human resources, and to the director of the legislative counsel bureau for transmittal to the appropriate legislative committees. The report must include:
(a) The kinds of services offered pursuant to the pilot project during the previous 12 months;
(b) The number of adolescents and adults who received services pursuant to the pilot project during the previous 12 months;
(c) An estimate of the number of adolescents and adults in the community served by the family resource center who are or may be in need of services relating to substance abuse, and a description of the services needed; and
(d) Such other information as the commission or the director of the department of human resources requests.
5. As used in this section:
(a) "Commission" means the commission on substance abuse education, prevention, enforcement and treatment created within the department of motor vehicles and public safety pursuant to NRS 458.380.
(b) "Family resource center" means a family resource center established and operated pursuant to chapter 430A of NRS.
Sec. 38. The bureau of alcohol and drug abuse in the department of human resources shall make available from its existing federal and state funding sources the sum of $158,400 for the three pilot projects to be established pursuant to section 37 of this act.
Sec. 39. The state treasurer shall transfer any balance remaining unexpended on June 30, 1999, in the state grant and gift account for alcohol and drug abuse in the department of employment, training and rehabilitation’s gift fund to the state grant and gift account for alcohol and drug abuse which is created in the department of human resources’ gift fund pursuant to section 11 of this act.
Sec. 40. 1. Any regulations adopted by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation remain in force until amended by the bureau of alcohol and drug abuse in the department of human resources. Such regulations must be enforced by the bureau of alcohol and drug abuse in the department of human resources.
2. Any contracts or other agreements entered into by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation, or the department of employment, training or rehabilitation pursuant to NRS 458.035 are binding on the bureau of alcohol and drug abuse in the department of human resources or the department of human resources, as appropriate. Such contracts or other agreements must be enforced by the bureau of alcohol and drug abuse in the department of human resources or the department of human resources, as appropriate.
Sec. 41. On and after July 1, 1999, any certifications issued by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation to facilities, programs or personnel pursuant to NRS 458.025 before July 1, 1999, shall be deemed to have been issued by the bureau of alcohol and drug abuse in the department of human resources.
Sec. 42. This act becomes effective on July 1, 1999.
Sec. 43. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section that is not amended by this act or is further amended by another act, appropriately change any references to the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation to the bureau of alcohol and drug abuse in the department of human resources.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation to the bureau of alcohol and drug abuse in the department of human resources.".
Amend the title of the bill to read as follows: