Amendment No. 801

Assembly Amendment to Senate Bill No. 161 First Reprint (BDR 40-131)

Proposed by: Committee on Health and Human Services

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend sec. 2, page 1, by deleting lines 4 through 6 and inserting:

"may operate or maintain in this state a halfway house for alcohol and drug abusers without first obtaining a certificate therefor from the bureau.

2. A person who operates a halfway house for alcohol and drug abusers without a".

Amend sec. 3, page 1, lines 8 and 9, by deleting:

"transitional housing facility" and inserting:

"halfway house for alcohol and drug abusers".

Amend sec. 4, page 1, lines 13 and 14, by deleting:

"transitional housing facility," and inserting:

"halfway house for alcohol and drug abusers,".

Amend sec. 4, page 1, line 16, by deleting "facility." and inserting "halfway house.".

Amend sec. 4, page 2, by deleting lines 1 through 4 and inserting:

"2. Upon receipt of a complaint against a halfway house for alcohol and drug abusers, conduct an investigation into the premises, qualification of personnel, methods of operation, policies, procedures and records of that halfway house.

3. Inspect a halfway house for alcohol and drug abusers at any time, with or without".

Amend sec. 5, page 2, line 7, by deleting:

"transitional housing facility" and inserting:

"halfway house for alcohol and drug abusers".

Amend sec. 5, page 2, line 15, by deleting:

"transitional housing facility" and inserting:

"halfway house for alcohol and drug abusers".

Amend sec. 5, page 2, line 17, by deleting "facility" and inserting "halfway house".

Amend sec. 7, page 2, line 30, by deleting:

"transitional housing facility:" and inserting:

"halfway house for alcohol and drug abusers:".

Amend sec. 7, page 2, line 36, by deleting "facility" and inserting "halfway house".

Amend sec. 8, page 2, lines 37 and 38, by deleting:

"transitional housing facility" and inserting:

"halfway house for alcohol and drug abusers".

Amend sec. 9, page 3, by deleting lines 22 through 26 and inserting:

"10. "Halfway house for alcohol and drug abusers" means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for".

Amend sec. 10, page 4, by deleting lines 13 and 14 and inserting:

"or deny certification of any halfway houses for alcohol and drug abusers, facilities, programs or personnel on the basis of the standards, and publish a list of certified halfway houses for alcohol and drug abusers, facilities, programs and".

Amend sec. 10, page 4, line 20, after "certification of" by inserting:

"halfway houses for alcohol and drug abusers,".

Amend sec. 10, page 4, by deleting lines 23 though 25 and inserting:

"exceed [$100.] the actual cost to the bureau of issuing the certificate.

4. Upon request from a facility which is self-supported, may certify the facility, its programs and".

Amend the bill as a whole by renumbering sections 11 and 12 as sections 14 and 15 and adding new sections designated sections 11 through 13, following sec. 10, to read as follows:

"Sec. 11. NRS 458.026 is hereby amended to read as follows:

458.026 1. An applicant for the issuance or renewal of his certification as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, shall submit to the bureau the statement prescribed by the welfare division of the department of human resources pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

2. The bureau shall include the statement required pursuant to subsection 1 in:

(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or

(b) A separate form prescribed by the bureau.

3. The certification of a person as personnel of an alcohol or drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, may not be issued or renewed by the bureau if the applicant:

(a) Fails to complete or submit the statement required pursuant to subsection 1; or

(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the administrator shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

Sec. 12. NRS 458.027 is hereby amended to read as follows:

458.027 1. If the bureau receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as personnel of an alcohol and drug abuse program or a facility, or as the operator of a halfway house for alcohol and drug abusers, the bureau shall deem the certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The bureau shall reinstate the certification of a person as personnel of an alcohol and drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 13. NRS 458.028 is hereby amended to read as follows:

458.028 An application for the certification of personnel of an alcohol and drug abuse program or a facility , or as the operator of a halfway house for alcohol and drug abusers, must include the social security number of the applicant.".

Amend the title of the bill to read as follows:

"AN ACT relating to substance abuse; requiring halfway houses for alcohol and drug abusers to be certified by the bureau of alcohol and drug abuse in the rehabilitation division of the department of employment, training and rehabilitation; revising the fees that may be charged by the bureau for certifying facilities, programs or personnel; providing a penalty; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Provides for regulation of halfway houses for alcohol and drug abusers. (BDR 40-131)".