Senate Bill No. 161–Senator Titus

CHAPTER........

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.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 458 of NRS is hereby amended by adding thereto

the provisions set forth as sections 2 to 8, inclusive, of this act.

Sec. 2. 1. No person, state or local government or agency thereof

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 certificate issued by the bureau is guilty of a

misdemeanor.

Sec. 3. Each certificate issued by the bureau to a halfway house for

alcohol and drug abusers expires on the first December 31 following its

issuance and is renewable for 1 year upon reapplication and payment of

a renewal fee established pursuant to NRS 458.025.

Sec. 4. The bureau may:

1. Upon receipt of an application for certification as a halfway house

for alcohol and drug abusers, conduct an investigation into the premises,

qualifications of personnel, methods of operation, policies and purposes

of any person proposing to engage in the operation of that halfway

house.

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 notice, as often as is necessary to ensure compliance with

all applicable regulations and standards adopted by the bureau.

Sec. 5. 1. If a halfway house for alcohol and drug abusers violates

any provisions related to its certification, including, without limitation,

any law of this state or any applicable condition, standard or regulation

adopted by the bureau, the bureau may:

(a) Suspend or revoke its certification; and

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

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

percent per annum.

2. If a halfway house for alcohol and drug abusers fails to pay an

administrative fine imposed pursuant to subsection 1, the bureau may:

(a) Suspend the certificate of the halfway house until the

administrative fine is paid; and

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

incurred to collect the administrative fine.

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

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

investigation or inspection to carry out the provisions of sections 2 to 8,

inclusive, of this act, the bureau may present a claim to the state board of

examiners for recommendation to the interim finance committee.

Sec. 6. The bureau shall adopt such regulations as are necessary to

carry out the provisions of sections 2 to 8, inclusive, of this act.

Sec. 7. 1. The bureau may bring an action in the name of the state

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

operating or maintaining a halfway house for alcohol and drug abusers:

(a) Without first obtaining a certificate therefor; or

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

bureau.

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

on a certain date and in a certain place, operate and maintain such a

halfway house without a certificate.

Sec. 8. The district attorney of the county in which a halfway house

for alcohol and drug abusers is located shall, upon application by the

bureau, institute and conduct the prosecution of any action for the

violation of section 2 of this act.

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

  1. 458.010 As used in NRS 458.010 to 458.360, inclusive, and sections 2
  1. to 8, inclusive, of this act, unless the context requires otherwise:
  1. 1. "Alcohol and drug abuse program" means a project concerned with
  1. education, prevention and treatment directed toward achieving the mental
  1. and physical restoration of alcohol and drug abusers.
  1. 2. "Alcohol and drug abuser" means a person whose consumption of
  1. alcohol or other drugs, or any combination thereof, interferes with or
  1. adversely affects his ability to function socially or economically.
  1. 3. "Alcoholic" means any person who habitually uses alcoholic
  1. beverages to the extent that he endangers the health, safety or welfare of
  1. himself or any other person or group of persons.
  1. 4. "Bureau" means the bureau of alcohol and drug abuse in the
  1. rehabilitation division of the department.
  1. 5. "Chief" means the chief of the bureau.
  1. 6. "Civil protective custody" means a custodial placement of a person
  1. for the purpose of protecting his health or safety. Civil protective custody
  1. does not have any criminal implication.
  1. 7. "Department" means the department of employment, training and
  1. rehabilitation.
  2. 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.

  1. 10. "Halfway house for alcohol and drug abusers" means a
  1. residence that provides housing and a living environment for alcohol and
  1. drug abusers and is operated to facilitate their reintegration into the
  1. community, but does not provide treatment for alcohol or drug abuse.
  1. The term does not include a facility for the treatment of abuse of alcohol
  1. or drugs as defined in NRS 449.00455.

Sec. 10. NRS 458.025 is hereby amended to read as follows:

  1. 458.025 The bureau of alcohol and drug abuse is hereby created in the
  1. rehabilitation division of the department. The bureau:
  1. 1. Shall formulate and operate a comprehensive state plan for alcohol
  1. and drug abuse programs which must include:
  1. (a) A survey of the need for education, prevention and treatment of
  1. alcohol and drug abuse, including a survey of the facilities needed to
  1. provide services and a plan for the development and distribution of services
  1. and programs throughout the state.
  1. (b) A plan for programs to educate the public in the problems of the
  1. abuse of alcohol and other drugs.
  1. (c) A survey of the need for trained teachers, persons who have
  1. professional training in fields of health and others involved in the education
  1. and prevention of alcohol and drug abuse and in the treatment and recovery
  1. of alcohol and drug abusers, and a plan to provide the necessary
    treatment.
  1. In developing and revising the state plan, the bureau shall consider, among
  1. other things, the amount of money available from the Federal Government
  1. for alcohol and drug abuse programs and the conditions attached to the
  1. acceptance of the money, and the limitations of legislative appropriations
  1. for alcohol and drug abuse programs.
  1. 2. Is responsible for coordinating efforts to carry out the state plan and
  1. coordinating all state and federal financial support of alcohol and drug
  1. abuse programs in the state. The bureau must be consulted in the planning
  1. of projects and advised of all applications for grants from within the state
  1. which are concerned with alcohol and drug abuse programs, and shall
  1. review and advise concerning the applications.
  1. 3. Shall develop and publish standards of certification and may certify
  1. or deny certification of any halfway houses for alcohol and drug abusers,
  1. facilities, programs or personnel on the basis of the standards, and publish a
  1. list of certified halfway houses for alcohol and drug abusers, facilities,
  1. programs and personnel. Any facilities, programs or personnel which are
  1. not certified are ineligible to receive state and federal money for alcohol
  1. and drug abuse programs. The chief [shall] :
  1. (a) Shall establish requirements for continuing education for persons
  1. certified as counselors and administrators of the programs ; and [may]
  2. (b) May set fees for certification of halfway houses for alcohol and
  1. drug abusers, facilities, programs or personnel. The fees must be
  1. calculated to produce the revenue estimated to cover the costs related to the
  1. certifications, but in no case may the fee for a certificate exceed [$100.] the
  1. actual cost to the bureau of issuing the certificate.
  1. 4. Upon request from a facility which is self-supported, may certify the
  1. facility, its programs and personnel and add them to the list of certified
  1. facilities, programs and personnel.

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

  1. 458.026 1. An applicant for the issuance or renewal of his
  1. certification as personnel of an alcohol or drug abuse program or a facility ,
  1. or as the operator of a halfway house for alcohol and drug abusers, shall
  1. submit to the bureau the statement prescribed by the welfare division of the
  1. department of human resources pursuant to NRS 425.520. The statement
  1. must be completed and signed by the applicant.
  1. 2. The bureau shall include the statement required pursuant to
  1. subsection 1 in:
  1. (a) The application or any other forms that must be submitted for the
  1. issuance or renewal of the certification; or
  1. (b) A separate form prescribed by the bureau.
  1. 3. The certification of a person as personnel of an alcohol or drug
  1. abuse program or a facility , or as the operator of a halfway house for
  1. alcohol and drug abusers, may not be issued or renewed by the bureau if
  1. the applicant:
  1. (a) Fails to complete or submit the statement required pursuant to
  1. subsection 1; or
  1. (b) Indicates on the statement submitted pursuant to subsection 1 that he
  1. is subject to a court order for the support of a child and is not in
  1. compliance with the order or a plan approved by the district attorney or
  1. other public agency enforcing the order for the repayment of the amount
  1. 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.

Sec. 14. The amendatory provisions of this act do not apply to

offenses that were committed before January 1, 2000.

Sec. 15. This act becomes effective:

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

and performing any other preparatory administrative tasks that are

necessary to carry out the provisions of this act; and

2. On January 1, 2000, for all other purposes.

~