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. NRS 449.00455 is hereby amended to read as follows:

1-2 449.00455 "Facility for the treatment of abuse of alcohol or drugs"

1-9 organizations.

1-10 Sec. 2. Chapter 458 of NRS is hereby amended by adding thereto the

1-11 provisions set forth as sections 3 to 9, inclusive, of this act.

1-12 Sec. 3. 1. No person, state or local government or agency thereof

1-13 may operate or maintain in this state a facility for the treatment of abuse

1-14 of alcohol or drugs without first obtaining a certificate for the facility

1-15 from the bureau.

2-1 2. A person that operates a facility for the treatment of abuse of

2-2 alcohol or drugs without a certificate issued by the bureau is guilty of a

2-3 misdemeanor.

2-4 Sec. 4. Each certificate issued by the bureau to a facility for the

2-5 treatment of abuse of alcohol or drugs expires on the first December 31

2-6 following its issuance and is renewable for 1 year upon reapplication and

2-7 payment of a renewal fee established pursuant to NRS 458.025.

2-8 Sec. 5. The bureau may:

2-9 1. Upon receipt of an application for certification as a facility for the

2-10 treatment of abuse of alcohol or drugs, conduct an investigation into the

2-11 premises, qualifications of personnel, methods of operation, policies and

2-12 purposes of any person proposing to engage in the operation of that

2-13 facility.

2-14 2. Upon receipt of a complaint against a facility for the treatment of

2-15 abuse of alcohol or drugs, conduct an investigation into the premises,

2-16 qualification of personnel, methods of operation, policies, procedures

2-17 and records of that facility.

2-18 3. Inspect a facility for the treatment of abuse of alcohol or drugs at

2-19 any time, with or without notice, as often as is necessary to ensure

2-20 compliance with all applicable regulations and standards adopted by the

2-21 bureau.

2-22 Sec. 6. 1. If a facility for the treatment of abuse of alcohol or

2-23 drugs violates any provisions related to its certification, including,

2-24 without limitation, any law of this state or any applicable condition,

2-25 standard or regulation adopted by the bureau, the bureau may:

2-26 (a) Suspend or revoke its certification; and

2-27 (b) Impose an administrative fine of not more than $1,000 per day for

2-28 each violation, together with interest thereon at a rate not to exceed 10

2-29 percent per annum.

2-30 2. If a facility for the treatment of abuse of alcohol or drugs fails to

2-31 pay an administrative fine imposed pursuant to subsection 1, the bureau

2-32 may:

2-33 (a) Suspend the certificate of the facility until the administrative fine

2-34 is paid; and

2-35 (b) Collect court costs, reasonable attorney’s fees and other costs

2-36 incurred to collect the administrative fine.

2-37 3. Any money collected as an administrative fine must be deposited

2-38 in the state general fund. If money is needed to pay the costs of an

2-39 investigation or inspection to carry out the provisions of NRS 458.010 to

2-40 458.360, inclusive, and sections 3 to 9, inclusive, of this act, the bureau

2-41 may present a claim to the state board of examiners for recommendation

2-42 to the interim finance committee.

3-1 Sec. 7. The bureau shall adopt such regulations as are necessary to

3-2 carry out the provisions of NRS 458.010 to 458.360, inclusive, and

3-3 sections 3 to 9, inclusive, of this act.

3-4 Sec. 8. 1. The bureau may bring an action in the name of the state

3-5 to enjoin any person, state or local government or agency thereof from

3-6 operating or maintaining a facility for the treatment of abuse of alcohol

3-7 or drugs:

3-8 (a) Without first obtaining a certificate therefor; or

3-9 (b) After such a certificate has been revoked or suspended by the

3-10 bureau.

3-11 2. It is sufficient in such an action to allege that the defendant did,

3-12 on a certain date and in a certain place, operate and maintain such a

3-13 facility without a certificate.

3-14 Sec. 9. The district attorney of the county in which a facility for the

3-15 treatment of abuse of alcohol or drugs is located shall, upon application

3-16 by the bureau, institute and conduct the prosecution of any action for the

3-17 violation of section 3 of this act.

3-18 Sec. 10. NRS 458.010 is hereby amended to read as follows:

3-19 458.010 As used in NRS 458.010 to 458.360, inclusive, and sections 3

3-42 abuse of alcohol or drugs.

4-1 10. "Facility for the treatment of abuse of alcohol or drugs" has the

4-2 meaning ascribed to it in NRS 449.00455.

4-3 Sec. 11. NRS 458.025 is hereby amended to read as follows:

4-4 458.025 The bureau of alcohol and drug abuse is hereby created in the

4-43 $100.

5-1 4. Upon request from a facility which is [self-supported,] not required

5-2 to be certified by the bureau, may certify the facility, its programs and

5-3 personnel and add them to the list of certified facilities, programs and

5-4 personnel.

5-5 Sec. 12. The amendatory provisions of this act do not apply to

5-6 offenses that were committed before January 1, 2000.

5-7 Sec. 13. This act becomes effective:

5-8 1. Upon passage and approval for the purpose of adopting regulations

5-9 and performing any other preparatory administrative tasks that are

5-10 necessary to carry out the provisions of this act; and

5-11 2. On January 1, 2000, for all other purposes.