Amendment No. 1039

Assembly Amendment to Senate Bill No. 210 First Reprint (BDR 54-163)

Proposed by: Committee on Commerce and Labor

Amendment Box: Replaces Amendment No. 983. Resolves conflicts with A.B. No. 203, A.B. No. 204 and S.B. No. 161. Makes substantive changes.

Resolves Conflicts with: AB203, AB204, SB161

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. 13, page 2, line 27, by deleting "registered".

Amend sec. 13, page 2, line 36, after "a" by inserting "clinical".

Amend sec. 23, page 6, by deleting line 8, and inserting:

"(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;".

Amend sec. 23, page 6, line 10, by deleting "641B" and inserting "641A".

Amend sec. 23, page 6, line 11, by deleting "registered".

Amend sec. 26, page 7, line 14, by deleting:

"in nursing or".

Amend sec. 26, page 7, line 16, by deleting:

"in nursing or".

Amend the bill as a whole by deleting sec. 45 and adding:

"Sec. 45. (Deleted by amendment.)".

Amend the bill as a whole by deleting sec. 47 and adding:

"Sec. 47. (Deleted by amendment.)".

Amend the bill as a whole by deleting sec. 49 and adding:

"Sec. 49. (Deleted by amendment.)".

Amend sec. 54, page 20, by deleting lines 20 through 34 and inserting:

"divisions or other operating units except as otherwise provided by specific statute.

3. May employ, within the limits of legislative appropriations, such staff as is necessary [to] for the performance of the duties of the department.".

Amend the bill as a whole by adding a new section designated sec. 57.5, following sec. 57, to read as follows:

"Sec. 57.5. NRS 458.010 is hereby amended to read as follows:

458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, of [this act,] Senate Bill No. 161 of this session, 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 the rehabilitation division of the department.

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 employment, training and rehabilitation.

8. "Detoxification technician" means a person who is certified by the bureau to provide screening for the safe withdrawal from alcohol and other drugs.

9. "Director" means the director of the department.

[9.] 10. "Facility" means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

[10.] 11. "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 the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.".

Amend sec. 58, page 23, by deleting lines 10 through 24 and inserting:

"3. Shall develop and publish standards of certification and may certify or deny certification of [any] operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians or any facilities [, programs or personnel] or programs on the basis of the standards, and publish a list of certified operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities [, programs and personnel. Any facilities, programs or personnel] and programs. Any operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief:

(a) Shall establish the requirements for continuing education for persons certified as [counselors and administrators of the programs;] detoxification technicians; and

(b) May set fees for the certification of operators of halfway houses for alcohol and drug abusers, halfway houses for alcohol and drug abusers, detoxification technicians, facilities [, programs or personnel.] or programs. 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 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 [personnel] detoxification technicians and add them to the list [of certified facilities, programs and personnel.] described in subsection 3.".

Amend the bill as a whole by adding new sections designated sections 58.2 through 58.6, following sec. 58, to read as follows:

"Sec. 58.2. 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,] a detoxification technician 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,] a detoxification technician 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. 58.4. 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,] a detoxification technician 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,] a detoxification technician 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. 58.6. 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,] a detoxification technician or as the operator of a halfway house for alcohol and drug abusers, must include the social security number of the applicant.".

Amend sec. 61, page 23, by deleting lines 37 and 38 and inserting:

"administrative supervision by the administrator of the rehabilitation division of the department.

2. Subject to the approval of the administrator of the rehabilitation division of the department, appoint such technical,".

Amend sec. 73, page 31, by deleting lines 1 through 5, and inserting:

"(1) Licensed as a clinical social worker pursuant to chapter 641B of NRS;

(2) Licensed as a marriage and family therapist pursuant to chapter 641A of NRS; or

(3) A nurse who is licensed pursuant to chapter 632".

Amend sec. 75, page 32, line 8, by deleting:

"in nursing or".

Amend sec. 75, page 32, line 11, by deleting:

"in nursing or".

Amend the bill as a whole by adding a new section designated section 77.5, following sec. 77, to read as follows:

"Sec. 77.5. Section 9 of Senate Bill No. 161 of this session is hereby amended to read as follows:

Sec. 9. NRS 458.010 is hereby amended to read as follows:

458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2 to 8, inclusive, 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 the rehabilitation division of the department.

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 employment, training and rehabilitation.

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.

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 the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.

Amend sec. 78, page 33, by deleting line 20 and inserting:

"Sec. 78. NRS 458.360 is hereby".

Amend sec. 79, page 33, line 26, by deleting "January" and inserting "July".

Amend sec. 80, page 33, line 31, by deleting "January" and inserting "July".

Amend sec. 80, page 34, line 9, by deleting "January" and inserting "July".

Amend sec. 84, page 34, line 40, after "1 to" by inserting:

"57, inclusive, 59 to".

Amend sec. 84, page 34, between lines 41 and 42, by inserting:

"2. Sections 57.5 to 58.6, inclusive, of this act become effective on July 1, 2001.".

Amend sec. 84, page 34, line 42, by deleting "2." and inserting "3.".

Amend sec. 84, page 35, line 10, by deleting "3." and inserting "4.".

Amend the bill as a whole by deleting the leadlines of repealed sections and adding the text of the repealed section to read as follows:

"

TEXT OF REPEALED SECTION

 

458.360 1. No person may hold himself out to the public as an alcohol and drug abuse counselor, employ or use the title "alcohol and drug abuse counselor," "substance abuse counselor" or any similar title in connection with his work, or in any way imply that he is a certified alcohol and drug abuse counselor without being certified as a counselor by the bureau.

2. If the bureau believes from satisfactory evidence presented to it that any person has violated or is about to violate the provisions of subsection 1, it may bring an action in a court of competent jurisdiction to enjoin that person from engaging in or continuing the violation. Such an injunction:

(a) May be issued without proof of actual damage sustained by any person.

(b) Does not preclude criminal prosecution and punishment of a violator.

3. Any person who violates the provisions of subsection 1 is guilty of a misdemeanor.".