Senate Bill No. 197–Senators Wiener, Rawson, Townsend,
Titus, Mathews, Care, Porter and Schneider
February 16, 1999
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Establishes certain programs relating to prevention and treatment of fetal alcohol syndrome. (BDR 40-134)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
~
EXPLANATION – Matter in
bolded italics is new; matter between brackets
Whereas, The occurrence of birth defects, mental retardation, attention
deficit disorder and other genetic disorders is significantly increased in the
children of women who consume alcohol during pregnancy; and
Whereas, The incidence of fetal alcohol syndrome in this state is 2 1/2
times greater than the incidence of Down’s syndrome; and
Whereas, The residents of this state are becoming increasingly
concerned about the effects relating to fetal alcohol syndrome and its
associated costs to mothers, children and society as a whole; and
Whereas, In addition to the medical problems associated with fetal
alcohol syndrome there are tremendous social costs, including increased
expenditures for social services, education, the system of juvenile justice,
law enforcement agencies and the prison system; and
Whereas, There has been a significant national increase in the use of
alcohol by pregnant women in the past decade; and
Whereas, The State of Nevada has the highest percentage in the nation
of women who report chronic alcohol abuse, the second highest percentage
in the nation of women who report binge drinking and the highest rate in
the nation of teenage pregnancy; and
Whereas, Fetal alcohol syndrome is a lifelong condition; and
Whereas, Fetal alcohol syndrome frequently occurs in more than one
child born to the same mother and is more likely to occur in the children of
a woman who has suffered from fetal alcohol syndrome; and
Whereas, Fetal alcohol syndrome is entirely preventable and, even if a
woman has consumed alcohol during her pregnancy, preventing further
consumption of alcohol may reduce the harmful consequences to her child;
and
Whereas, Because there are multiple problems associated with fetal
alcohol syndrome and with parenting a child who suffers from fetal alcohol
syndrome, a variety of integrated services, including health, educational
and social services, are necessary to address those problems; and
Whereas, Existing services are limited in their effectiveness in
preventing and treating fetal alcohol syndrome because those services are
inadequate and there is a lack of coordination among the agencies that
provide those services; now, therefore,
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
2-1
Section 1. Chapter 442 of NRS is hereby amended by adding thereto2-2
the provisions set forth as sections 2 to 21, inclusive, of this act.2-3
Sec. 2. 1. Except as otherwise provided in subsection 2, each2-4
person who contracts with this state to treat, advise or counsel a pregnant2-5
woman or a mother of a child suffering from fetal alcohol syndrome2-6
shall post in a conspicuous place in his office the written warnings and2-7
give to the woman or mother the oral warnings prescribed by the2-8
regulations adopted by the department pursuant to section 3 of this act2-9
relating to the possible problems, complications and injuries that the2-10
consumption of alcohol during pregnancy may cause to the woman and2-11
her fetus.2-12
2. A person is not required to post the written warnings described in2-13
subsection 1 if the office in which he works has at least one copy of those2-14
warnings posted in a conspicuous place.2-15
Sec. 3. The department shall adopt regulations prescribing the form2-16
and content of the written warnings that are required to be posted and2-17
the oral warnings that are required to be given to a pregnant woman or a2-18
mother of a child suffering from fetal alcohol syndrome.3-1
Sec. 4. As used in sections 4 to 9, inclusive, of this act, unless the3-2
context otherwise requires, "board" means the advisory board on fetal3-3
alcohol syndrome.3-4
Sec. 5. 1. The advisory board on fetal alcohol syndrome is hereby3-5
created. The board consists of 18 members, as follows:3-6
(a) The director of the department of human resources shall appoint:3-7
(1) One member who is an employee of the health division; and3-8
(2) One member who is an employee of the division of child and3-9
family services.3-10
(b) The Nevada State Medical Association shall appoint:3-11
(1) One member who is a physician certified by the American3-12
Board of Pediatrics, or an equivalent organization; and3-13
(2) One member who is a physician certified by the American3-14
Board of Obstetrics and Gynecology, or an equivalent organization.3-15
(c) The Nevada Hospital Association shall appoint one member who is3-16
an administrator of a hospital.3-17
(d) The Nevada Association of Health Plans shall appoint one3-18
member as its representative.3-19
(e) The Great Basin Primary Care Association shall appoint one3-20
member as its representative.3-21
(f) The governor shall appoint:3-22
(1) One member who is a member of the advisory board on3-23
maternal and child health;3-24
(2) One member who represents a clinic for health care that3-25
specializes in caring for women and children;3-26
(3) One member who represents persons who operate community-3-27
based programs for the prevention or treatment of substance abuse; and3-28
(4) One member who is a resident of this state and represents the3-29
general public.3-30
(g) The dean of the University of Nevada School of Medicine shall3-31
appoint one member who is a member of the faculty of the University of3-32
Nevada School of Medicine.3-33
(h) The chief justice of the supreme court shall appoint:3-34
(1) One member who is a judge of a juvenile court in this state; and3-35
(2) One member who is a judge of a family court in this state.3-36
(i) The State Bar of Nevada shall appoint one member who is an3-37
attorney who practices law in the juvenile courts of this state.3-38
(j) The director of the department of employment, training and3-39
rehabilitation shall appoint one member who is an employee of the3-40
department of employment, training and rehabilitation.4-1
(k) The superintendent of public instruction and the director of the4-2
department of prisons are ex officio members of the board and each may,4-3
if he wishes, designate a person to serve on the board in his place or to4-4
attend a meeting of the board in his place.4-5
2. If any of the appointing entities listed in subsection 1 cease to4-6
exist, the appointments required by subsection 1 must be made by the4-7
successor in interest of the entity or, if there is no successor in interest, by4-8
the governor.4-9
3. The board may appoint one or more persons who have special4-10
expertise relating to fetal alcohol syndrome to assist the board in the4-11
performance of its duties.4-12
Sec. 6. 1. At the first meeting of the board and each year4-13
thereafter, the board shall elect a chairman and vice chairman from4-14
among its members. If a vacancy occurs in the chairmanship or vice4-15
chairmanship, the board shall elect a member to serve the remainder of4-16
the unexpired term.4-17
2. Except for the initial and ex officio members, the term of office of4-18
each member of the board is 2 years. Each appointed member shall4-19
continue in office until his successor is appointed. An appointed member4-20
of the board may be reappointed for not more than two additional terms4-21
and thereafter may be appointed to assist the board pursuant to4-22
subsection 3 of section 5 of this act. A vacancy in an appointed position4-23
must be filled by appointment for the unexpired term in the same manner4-24
as the original appointment.4-25
3. The membership of a judge who is appointed to the board4-26
pursuant to section 5 of this act and who does not become a candidate for4-27
reelection or who is defeated for reelection terminates upon the4-28
expiration of the term of office of the judge. The vacancy created by such4-29
a termination must be filled in the manner set forth in subsection 2.4-30
Sec. 7. 1. The board shall meet at the call of the chairman as often4-31
as required to perform its duties, but not less than once a year.4-32
2. A majority of the board constitutes a quorum for the transaction4-33
of business, and a majority of those members present at any meeting is4-34
sufficient for any action taken by the board.4-35
3. The department shall provide necessary staff to assist the board in4-36
performing its duties.4-37
Sec. 8. 1. Each member of the board serves without compensation.4-38
2. While engaged in the business of the board, each member is4-39
entitled to receive the per diem allowance and travel expenses provided4-40
for state officers and employees generally. The per diem allowance and4-41
travel expenses of:5-1
(a) A member of the board who is an officer or employee of this state5-2
or a local government thereof must be paid by the state agency or the5-3
local government of this state that employs him; and5-4
(b) Any other member of the board must be paid by the department.5-5
3. Each member of the board who is an officer or employee of this5-6
state or a local government must be relieved from the duties of his5-7
employment without loss of his regular compensation so that he may5-8
perform his duties on the board in the most timely manner practicable. A5-9
state agency or local government shall not require an officer or employee5-10
who is a member of the board to make up the time he is absent from5-11
work to fulfill his obligations as a member, and shall not require the5-12
member to take annual leave or compensatory time for the absence.5-13
Sec. 9. The board shall assist:5-14
1. The health division in developing the program of public education5-15
that it is required to develop pursuant to section 10 of this act, including,5-16
without limitation, preparing and obtaining information relating to fetal5-17
alcohol syndrome for distribution to patients;5-18
2. The department in reviewing, amending and distributing the5-19
guidelines developed by the University of Nevada School of Medicine5-20
pursuant to section 12 of this act;5-21
3. The department in determining, based upon the annual report5-22
submitted to the board pursuant to section 18 of this act, the most5-23
effective methods of:5-24
(a) Preventing fetal alcohol syndrome; and5-25
(b) Collecting information relating to the incidence of fetal alcohol5-26
syndrome in this state;5-27
4. The department in developing and promoting the guidelines for5-28
prevention of the consumption of alcohol by women during pregnancy5-29
that it is required to develop and promote pursuant to section 18 of this5-30
act;5-31
5. The department in developing and carrying out those programs5-32
for women who have abused alcohol during their pregnancy and for the5-33
children of those women that it is required to develop and carry out5-34
pursuant to section 20 of this act; and5-35
6. The department in reviewing the statistical data reported to the5-36
department relating to the incidence of fetal alcohol syndrome in this5-37
state.5-38
Sec. 10. 1. The health division shall develop and carry out a5-39
program of public education to increase public awareness about the5-40
dangers of fetal alcohol syndrome and other adverse effects on a fetus5-41
that may result from the consumption of alcohol during pregnancy. The5-42
program must include, without limitation:6-1
(a) Educational messages that are directed toward the general public6-2
and specific geographical areas and groups of persons in this state that6-3
are identified pursuant to subsection 1 of section 19 of this act as having6-4
women who are at a high risk of consuming alcohol during pregnancy.6-5
(b) Providing training materials to school personnel to assist them in6-6
identifying pupils who are suffering from fetal alcohol syndrome, caring6-7
for those pupils and referring the parents of those pupils to programs for6-8
the treatment of substance abuse, providers of health care or other6-9
services and other available resources.6-10
(c) A toll-free telephone service for providing information relating to6-11
programs for the treatment of substance abuse, providers of health care6-12
or other services and other available resources, and referrals to those6-13
programs, if appropriate. The telephone number must be disclosed in the6-14
educational messages provided pursuant to this section.6-15
(d) Preparation of information relating to fetal alcohol syndrome for6-16
distribution to patients in an obstetrical unit of a hospital, obstetric6-17
center, a clinic for family planning and other health facilities in this6-18
state.6-19
2. The department shall conduct periodic evaluations of the program6-20
to determine its effectiveness.6-21
Sec. 11. 1. The health division may apply for and accept gifts,6-22
grants and contributions from any public or private source to carry out6-23
its duties pursuant to the provisions of section 10 of this act.6-24
2. The department shall account separately for the money received6-25
from those gifts, grants or contributions. The director shall administer6-26
the account.6-27
3. The money in the account must be used only to develop and carry6-28
out the program of public education set forth in section 10 of this act.6-29
4. The advisory board on fetal alcohol syndrome may make6-30
recommendations to the director concerning the use of the money in the6-31
account. The director shall consider the recommendations of the board.6-32
Sec. 12. 1. The University of Nevada School of Medicine shall6-33
develop guidelines to assist a provider of health care or other services in6-34
identifying:6-35
(a) Pregnant women who are at a high risk of consuming alcohol6-36
during pregnancy; and6-37
(b) Children who are suffering from fetal alcohol syndrome.6-38
2. The department shall:6-39
(a) Review, amend, adopt and distribute the guidelines developed by6-40
the University of Nevada School of Medicine pursuant to subsection 1;6-41
and7-1
(b) Within the limits of available appropriations, develop and7-2
administer programs of perinatal care that include, without limitation,7-3
screening a pregnant woman to determine whether her fetus is at a high7-4
risk of developing fetal alcohol syndrome.7-5
Sec. 13. 1. A provider of health care or other services who treats,7-6
advises or counsels a pregnant woman shall use the guidelines developed7-7
by the University of Nevada School of Medicine pursuant to section 12 of7-8
this act to determine if the woman is at a high risk of consuming alcohol7-9
during her pregnancy. If the provider of health care or other services7-10
determines that the woman is at a high risk of consuming alcohol during7-11
her pregnancy, the provider of health care or other services shall:7-12
(a) Provide the woman with the list of licensed providers of health7-13
care or other services and public agencies established pursuant to section7-14
20 of this act;7-15
(b) Inform the woman that he may refer her to the department to7-16
obtain additional information concerning other available resources; and7-17
(c) If the woman consents to such a referral, file a report of referral7-18
with the department within 72 hours. The report of referral must be on a7-19
form prescribed by the department.7-20
2. Upon receipt of a report of referral, the department shall provide7-21
information to the woman concerning resources available to the woman7-22
and her family.7-23
3. The information contained in a report of referral made pursuant7-24
to this section must be made available to the health division without any7-25
identifying information and may be used by the division only for7-26
statistical purposes.7-27
4. The consent required by this section shall be deemed a waiver of7-28
the doctor-patient privilege set forth in NRS 49.215 to 49.245, inclusive,7-29
solely for the purpose of making a report of referral pursuant to this7-30
section.7-31
5. The fact that a woman is referred to the department, the report of7-32
referral and any other associated documentation required to be provided7-33
pursuant to this section is confidential and must not be used in any7-34
criminal prosecution of the woman.7-35
6. A provider of health care or other services shall:7-36
(a) Maintain a record of the number of pregnant women he treats;7-37
and7-38
(b) Submit that information to the department on or before February7-39
1 of each year.7-40
7. A provider of health care or other services is not liable in a civil7-41
action for any act performed in good faith and within the scope of7-42
complying with the provisions of this section.8-1
Sec. 14. The division of child and family services of the department8-2
or a licensed child-placing agency shall inquire, during its initial contact8-3
with a natural parent of a child who is to be placed for adoption, about8-4
consumption of alcohol or substance abuse by the mother of the child8-5
during pregnancy. The information obtained from the inquiry must be:8-6
1. Included in the report provided to the adopting parents of the child8-7
pursuant to NRS 127.152; and8-8
2. Reported to the department on a form prescribed by the8-9
department. The report must not contain any identifying information and8-10
may be used only for statistical purposes.8-11
Sec. 15. 1. The division of child and family services of the8-12
department shall inquire, during its initial contact with a natural parent8-13
of a child who is to be placed in a family foster home, about consumption8-14
of alcohol or substance abuse by the mother of the child during8-15
pregnancy. The information obtained from the inquiry must be:8-16
(a) Provided to the provider of family foster care pursuant to NRS8-17
424.038; and8-18
(b) Reported to the department on a form prescribed by the8-19
department. The report must not contain any identifying information and8-20
may be used only for statistical purposes.8-21
2. As used in this section, "family foster home" has the meaning8-22
ascribed to it in NRS 424.013.8-23
Sec. 16. An agency which provides protective services shall inquire,8-24
during its initial contact with a natural parent of a child whom a court8-25
has determined must be kept in temporary or permanent custody, about8-26
consumption of alcohol or substance abuse by the mother of the child8-27
during pregnancy. The information obtained from the inquiry must be:8-28
1. Included in the report the agency is required to make pursuant to8-29
NRS 432B.540; and8-30
2. Reported to the department on a form prescribed by the8-31
department. The report must not contain any identifying information and8-32
may be used only for statistical purposes.8-33
Sec. 17. The department shall adopt regulations necessary to carry8-34
out the provisions of sections 13 to 16, inclusive, of this act.8-35
Sec. 18. 1. The department shall:8-36
(a) Conduct research to determine the most effective methods of:8-37
(1) Preventing fetal alcohol syndrome; and8-38
(2) Collecting information relating to the incidence of fetal alcohol8-39
syndrome in this state.8-40
(b) Develop and promote guidelines for prevention of the consumption8-41
of alcohol by women during pregnancy. The guidelines must be9-1
developed with the goal of increasing the use of programs for the9-2
treatment of substance abuse by women before, during and after9-3
pregnancy.9-4
2. On or before a date specified by the advisory board on fetal9-5
alcohol syndrome, the department shall submit to the advisory board an9-6
annual report consisting of its findings from the research conducted9-7
pursuant to subsection 1 and such other information as the board may9-8
request.9-9
Sec. 19. The department shall develop and maintain a program for9-10
monitoring fetal alcohol syndrome, that includes, without limitation, a9-11
method of:9-12
1. Identifying the geographical areas in this state in which women9-13
are at a high risk of consuming alcohol during pregnancy and groups of9-14
persons in this state that include such women;9-15
2. Identifying and evaluating deficiencies in existing systems for9-16
delivering perinatal care;9-17
3. Collecting and analyzing data relating to systems for delivering9-18
perinatal care; and9-19
4. Monitoring the effectiveness of the program.9-20
Sec. 20. The department shall develop and carry out programs for9-21
women who have abused alcohol during their pregnancy and for the9-22
children of those women to the extent possible within the limits of9-23
available appropriations, including, without limitation, programs9-24
offering:9-25
1. A comprehensive interdisciplinary plan for care that includes,9-26
without limitation:9-27
(a) Training in the identification and treatment of fetal alcohol9-28
syndrome for families, providers of health care or other services,9-29
educators and the staff of public agencies who care for or are involved9-30
with children who may be suffering from fetal alcohol syndrome; and9-31
(b) A list of licensed providers of health care or other services and9-32
public agencies that provide the services prescribed in the9-33
interdisciplinary plan for care;9-34
2. Outreach services and programs for education and prevention of9-35
alcohol or substance abuse in high schools and clinics for family9-36
planning to identify pregnant women who are abusing alcohol and enroll9-37
them in programs of perinatal care and programs for the treatment of9-38
substance abuse;9-39
3. Assistance in developing and carrying out systems for delivering9-40
perinatal care in specific geographical regions of this state, particularly9-41
in those geographical regions of this state that are medically9-42
underserved;10-1
4. Coordinated delivery of obstetrical care and treatment for10-2
substance abuse;10-3
5. Pediatric care that includes, without limitation, therapeutic10-4
treatments for neurologically, behaviorally or developmentally impaired10-5
infants;10-6
6. Child care for a sibling of a child suffering from fetal alcohol10-7
syndrome;10-8
7. Classes on parenting skills;10-9
8. Home visitation for those women who need additional support or10-10
who are reluctant to enter a program for the treatment of substance10-11
abuse;10-12
9. Access to the special supplemental nutrition program for women,10-13
infants and children established pursuant to 42 U.S.C. § 1786;10-14
10. Vocational training for those women who are mothers and who10-15
are seeking employment;10-16
11. Low-income housing; and10-17
12. Assistance in developing and carrying out a follow-up program10-18
for infants who are at a high risk of developing fetal alcohol syndrome.10-19
Sec. 21. As used in NRS 442.130 to 442.170, inclusive, unless the10-20
context otherwise requires, "advisory board" means the advisory board10-21
on maternal and child health.10-22
Sec. 22. NRS 442.003 is hereby amended to read as follows: 442.003 As used in this chapter, unless the context requires otherwise:10-24
1.10-25
10-26
10-27
10-28
resources.10-29
10-30
human resources.10-31
4. "Provider of health care or other services" means:10-32
(a) A person who has been certified as a counselor or an10-33
administrator of an alcohol and drug abuse program pursuant to chapter10-34
458 of NRS;10-35
(b) A physician or a physician’s assistant who is licensed pursuant to10-36
chapter 630 of NRS and who practices in the area of obstetrics and10-37
gynecology, family practice, internal medicine, pediatrics or psychiatry;10-38
(c) A licensed nurse;10-39
(d) A licensed psychologist;10-40
(e) A licensed marriage and family therapist;10-41
(f) A licensed social worker; or10-42
(g) A holder of a certificate of registration as a pharmacist.11-1
Sec. 23. NRS 442.170 is hereby amended to read as follows: 442.170 1. The state treasurer is custodian of all money appropriated11-3
by this state, allotted to this state by the Federal Government, or received11-4
by this state from other sources, for the purposes of NRS 442.130 to11-5
442.170, inclusive11-6
2. The division shall deposit the money in the state treasury for credit11-7
to the account for maternal and child health services.11-8
3. All claims and demands against the account must be paid only upon11-9
the administrator’s certifying the claims and demands in proper vouchers to11-10
the state controller who shall thereupon draw his warrant or warrants11-11
therefor, and the state treasurer shall pay them.11-12
Sec. 24. Chapter 458 of NRS is hereby amended by adding thereto a11-13
new section to read as follows:11-14
1. Except as otherwise provided in subsection 2, each person who has11-15
been certified as a counselor or an administrator of an alcohol and drug11-16
abuse program and who treats, advises or counsels a pregnant woman or11-17
a mother of a child suffering from fetal alcohol syndrome shall post in a11-18
conspicuous place in his office the written warnings and give to the11-19
woman or mother the oral warnings prescribed by the regulations11-20
adopted by the department of human resources pursuant to section 3 of11-21
this act relating to the possible problems, complications and injuries that11-22
the consumption of alcohol during pregnancy may cause to the woman11-23
and her fetus.11-24
2. A person who has been certified as a counselor or an11-25
administrator of an alcohol and drug abuse program is not required to11-26
post the written warnings described in subsection 1 if the office in which11-27
he works has at least one copy of those warnings posted in a conspicuous11-28
place.11-29
Sec. 25. NRS 458.025 is hereby amended to read as follows: 458.025 The bureau of alcohol and drug abuse is hereby created in the11-31
rehabilitation division of the department. The bureau:11-32
1. Shall formulate and operate a comprehensive state plan for alcohol11-33
and drug abuse programs which must include:11-34
(a) A survey of the need for education, prevention and treatment of11-35
alcohol and drug abuse, including a survey of the facilities needed to11-36
provide services and a plan for the development and distribution of services11-37
and programs throughout the state.11-38
(b) A plan for programs to educate the public in the problems of the11-39
abuse of alcohol and other drugs.11-40
(c) A survey of the need for trained teachers, persons who have11-41
professional training in fields of health and others involved in the education11-42
and prevention of alcohol and drug abuse and in the treatment and recovery11-43
of alcohol and drug abusers, and a plan to provide the necessary treatment.12-1
In developing and revising the state plan, the bureau shall consider, among12-2
other things, the amount of money available from the Federal Government12-3
for alcohol and drug abuse programs and the conditions attached to the12-4
acceptance of the money, and the limitations of legislative appropriations12-5
for alcohol and drug abuse programs.12-6
2. Is responsible for coordinating efforts to carry out the state plan and12-7
coordinating all state and federal financial support of alcohol and drug12-8
abuse programs in the state. The bureau must be consulted in the planning12-9
of projects and advised of all applications for grants from within the state12-10
which are concerned with alcohol and drug abuse programs, and shall12-11
review and advise concerning the applications.12-12
3. Shall develop and publish standards of certification and may certify12-13
or deny certification of any facilities, programs or personnel on the basis of12-14
the standards, and publish a list of certified facilities, programs and12-15
personnel. Any facilities, programs or personnel which are not certified are12-16
ineligible to receive state and federal money for alcohol and drug abuse12-17
programs. The chief shall establish requirements for continuing education12-18
for persons certified as counselors and administrators of the programs and12-19
may set fees for certification of facilities, programs or personnel. The fees12-20
must be calculated to produce the revenue estimated to cover the costs12-21
related to the certifications, but in no case may the fee for a certificate12-22
exceed $100.12-23
4. Shall ensure that the requirements for continuing education12-24
established pursuant to subsection 3 include the completion every 2 years12-25
of at least 2 hours of instruction relating to the effects of consuming12-26
alcohol during pregnancy. The instruction must include, without12-27
limitation, training:12-28
(a) That increases the knowledge and develops the practical skills of a12-29
person who has been certified as a counselor or an administrator relating12-30
to addressing the needs of pregnant women who are at a high risk of12-31
consuming alcohol during pregnancy, children suffering from fetal12-32
alcohol syndrome and the families of those children;12-33
(b) That develops the skills of a person who has been certified as a12-34
counselor or an administrator relating to screening, counseling and12-35
referring for treatment women who consume alcohol during pregnancy12-36
and providing follow-up treatment for those women and their children;12-37
and12-38
(c) Relating to methods for the diagnosis and evaluation of fetal12-39
alcohol syndrome.12-40
5. Upon request from a facility which is self-supported, may certify the12-41
facility, its programs and personnel and add them to the list of certified12-42
facilities, programs and personnel.13-1
Sec. 26. NRS 458.031 is hereby amended to read as follows: 458.031 The department shall administer the provisions of NRS13-3
458.010 to 458.360, inclusive, and section 24 of this act as the sole agency13-4
of the State of Nevada for that purpose.13-5
Sec. 27. Chapter 630 of NRS is hereby amended by adding thereto a13-6
new section to read as follows:13-7
1. Except as otherwise provided in subsection 2, each holder of a13-8
license to practice medicine or as a physician’s assistant issued by the13-9
board pursuant to this chapter who practices in the area of obstetrics and13-10
gynecology, family practice, internal medicine, pediatrics or psychiatry13-11
and who treats, advises or counsels a pregnant woman or a mother of a13-12
child suffering from fetal alcohol syndrome shall post in a conspicuous13-13
place in his office the written warnings and give to the woman or mother13-14
the oral warnings prescribed by the regulations adopted by the13-15
department of human resources pursuant to section 3 of this act relating13-16
to the possible problems, complications and injuries that the13-17
consumption of alcohol during pregnancy may cause to the woman and13-18
her fetus.13-19
2. A holder of a license is not required to post the written warnings13-20
described in subsection 1 if the office in which he works has at least one13-21
copy of those warnings posted in a conspicuous place.13-22
Sec. 28. NRS 630.253 is hereby amended to read as follows: 630.253 1. The board shall13-24
physician’s assistant or a license to practice medicine to comply with the13-25
requirements for continuing education adopted by the board as a13-26
prerequisite for the:13-27
13-28
13-29
medicine .13-30
13-31
13-32
2. These requirements13-33
(a) Must include the completion every 2 years of at least 2 hours of13-34
instruction relating to the effects of consuming alcohol during pregnancy13-35
for each holder of a license as a physician’s assistant or a license to13-36
practice medicine who practices in the area of obstretrics and13-37
gynecology, family practice, internal medicine, pediatrics or psychiatry.13-38
The instruction must include, without limitation, training:13-39
(1) That increases the knowledge and develops the practical skills of13-40
the holder of the license relating to addressing the needs of pregnant13-41
women who are at a high risk of consuming alcohol during pregnancy,13-42
children suffering from fetal alcohol syndrome and the families of those13-43
children;14-1
(2) That develops the skills of the holder of the license relating to14-2
screening, counseling and referring for treatment women who consume14-3
alcohol during pregnancy and providing follow-up treatment for those14-4
women and their children; and14-5
(3) Relating to methods for the diagnosis and evaluation of fetal14-6
alcohol syndrome.14-7
(b) May provide for the completion of one or more courses of14-8
instruction relating to risk management in the performance of medical14-9
services. Sec. 29. Chapter 632 of NRS is hereby amended by adding thereto a14-11
new section to read as follows:14-12
1. Except as otherwise provided in subsection 2, each holder of a14-13
license issued by the board pursuant to this chapter who treats, advises or14-14
counsels a pregnant woman or a mother of a child suffering from fetal14-15
alcohol syndrome shall post in a conspicuous place in his office the14-16
written warnings and give to the woman or mother the oral warnings14-17
prescribed by the regulations adopted by the department of human14-18
resources pursuant to section 3 of this act relating to the possible14-19
problems, complications and injuries that the consumption of alcohol14-20
during pregnancy may cause to the woman and her fetus.14-21
2. A holder of a license is not required to post the written warnings14-22
described in subsection 1 if the office in which he works has at least one14-23
copy of those warnings posted in a conspicuous place.14-24
Sec. 30. NRS 632.343 is hereby amended to read as follows: 632.343 1. The board shall not renew any license issued under this14-26
chapter until the licensee has submitted proof satisfactory to the board of14-27
completion, during the 2-year period before renewal of the license, of 3014-28
hours in a program of continuing education approved by the board. The14-29
licensee is exempt from this provision for the first biennial period after14-30
graduation from an accredited school of professional nursing or practical14-31
nursing.14-32
2. The requirement of continuing education set forth in subsection 114-33
must include the completion every 2 years of at least 2 hours of14-34
instruction relating to the effects of consuming alcohol during14-35
pregnancy. The instruction must include, without limitation, training:14-36
(a) That increases the knowledge and develops the practical skills of14-37
the licensee relating to addressing the needs of pregnant women who are14-38
at a high risk of consuming alcohol during pregnancy, children suffering14-39
from fetal alcohol syndrome and the families of those children;14-40
(b) That develops the skills of the licensee relating to screening,14-41
counseling and referring for treatment women who consume alcohol14-42
during pregnancy and providing follow-up treatment for those women14-43
and their children; and15-1
(c) Relating to methods for the diagnosis and evaluation of fetal15-2
alcohol syndrome.15-3
3. The board shall review all courses offered to nurses for the15-4
completion of the requirement set forth in subsection 1. The board may15-5
approve nursing and other courses which are directly related to the practice15-6
of nursing as well as others which bear a reasonable relationship to current15-7
developments in the field of nursing or any special area of practice in which15-8
a licensee engages. These may include academic studies, workshops,15-9
extension studies, home study and other courses.15-10
Sec. 31. Chapter 639 of NRS is hereby amended by adding thereto a15-11
new section to read as follows:15-12
1. Except as otherwise provided in subsection 2, each holder of a15-13
certificate of registration as a pharmacist who treats, advises or counsels15-14
a pregnant woman or a mother of a child suffering from fetal alcohol15-15
syndrome shall post in a conspicuous place in his office the written15-16
warnings and give to the woman or mother the oral warnings prescribed15-17
by the regulations adopted by the department of human resources15-18
pursuant to section 3 of this act relating to the possible problems,15-19
complications and injuries that the consumption of alcohol during15-20
pregnancy may cause to the woman and her fetus.15-21
2. A holder of a certificate of registration as a pharmacist is not15-22
required to post the written warnings described in subsection 1 if the15-23
office in which he works has at least one copy of those warnings posted15-24
in a conspicuous place.15-25
Sec. 32. NRS 639.2176 is hereby amended to read as follows: 639.2176 The board shall adopt regulations necessary to carry out the15-27
purposes of NRS 639.2171 to 639.2176, inclusive, which must include15-28
15-29
1. The methods of determining accredited programs .15-30
2. The number of hours of continuing professional education necessary15-31
to constitute a continuing education unit .15-32
3. The number of units required of each pharmacist during the period15-33
for which a certificate is issued .15-34
4. A requirement of the completion every 2 years of at least 2 hours15-35
of instruction relating to the effects of consuming alcohol during15-36
pregnancy. The instruction must include, without limitation, training:15-37
(a) That increases the knowledge and develops the practical skills of15-38
the pharmacist relating to addressing the needs of pregnant women who15-39
are at a high risk of consuming alcohol during pregnancy, children15-40
suffering from fetal alcohol syndrome and the families of those children;16-1
(b) That develops the skills of the pharmacist relating to screening,16-2
counseling and referring for treatment women who consume alcohol16-3
during pregnancy and providing follow-up treatment for those women16-4
and their children; and16-5
(c) Relating to methods for the diagnosis and evaluation of fetal16-6
alcohol syndrome.16-7
5. Such other regulations consistent with NRS 639.2171 to 639.2176,16-8
inclusive, as the board may determine to be necessary.16-9
Sec. 33. Chapter 641 of NRS is hereby amended by adding thereto a16-10
new section to read as follows:16-11
1. Except as otherwise provided in subsection 2, each holder of a16-12
license issued by the board pursuant to this chapter who treats, advises or16-13
counsels a pregnant woman or a mother of a child suffering from fetal16-14
alcohol syndrome shall post in a conspicuous place in his office the16-15
written warnings and give to the woman or mother the oral warnings16-16
prescribed by the regulations adopted by the department of human16-17
resources pursuant to section 3 of this act relating to the possible16-18
problems, complications and injuries that the consumption of alcohol16-19
during pregnancy may cause to the woman and her fetus.16-20
2. A holder of a license is not required to post the written warnings16-21
described in subsection 1 if the office in which he works has at least one16-22
copy of those warnings posted in a conspicuous place.16-23
Sec. 34. NRS 641.220 is hereby amended to read as follows: 641.220 1. To renew a license issued pursuant to this chapter, each16-25
person must, on or before the first day of January of each odd-numbered16-26
year:16-27
(a) Apply to the board for renewal;16-28
(b) Submit the statement required pursuant to NRS 641.175;16-29
(c) Pay the biennial fee for the renewal of a license; and16-30
(d) Submit evidence to the board of his completion of the requirements16-31
for continuing education.16-32
2. Upon renewing his license, the holder of the license shall declare his16-33
areas of competence, as determined in accordance with NRS 641.112.16-34
3. The board shall, as a prerequisite for the renewal of a license,16-35
require each holder to comply with the requirements for continuing16-36
education adopted by the board.16-37
4. The requirements for continuing education must include the16-38
completion every 2 years of at least 2 hours of instruction relating to the16-39
effects of consuming alcohol during pregnancy. The instruction must16-40
include, without limitation, training:16-41
(a) That increases the knowledge and develops the practical skills of16-42
the holder of the license relating to addressing the needs of pregnant17-1
women who are at a high risk of consuming alcohol during pregnancy,17-2
children suffering from fetal alcohol syndrome and the families of those17-3
children;17-4
(b) That develops the skills of the holder of the license relating to17-5
screening, counseling and referring for treatment women who consume17-6
alcohol during pregnancy and providing follow-up treatment for those17-7
women and their children; and17-8
(c) Relating to methods for the diagnosis and evaluation of fetal17-9
alcohol syndrome.17-10
Sec. 35. Chapter 641A of NRS is hereby amended by adding thereto a17-11
new section to read as follows:17-12
1. Except as otherwise provided in subsection 2, each licensee who17-13
treats, advises or counsels a pregnant woman or a mother of a child17-14
suffering from fetal alcohol syndrome shall post in a conspicuous place17-15
in his office the written warnings and give to the woman or mother the17-16
oral warnings prescribed by the regulations adopted by the department of17-17
human resources pursuant to section 3 of this act relating to the possible17-18
problems, complications and injuries that the consumption of alcohol17-19
during pregnancy may cause to the woman and her fetus.17-20
2. A licensee is not required to post the written warnings described in17-21
subsection 1 if the office in which he works has at least one copy of those17-22
warnings posted in a conspicuous place.17-23
Sec. 36. NRS 641A.170 is hereby amended to read as follows: 641A.170 The board shall under the provisions of this chapter:17-25
1. Examine and pass upon the qualifications of the applicants for17-26
licensing.17-27
2. License qualified applicants.17-28
3. Revoke or suspend licenses.17-29
4. Establish requirements for continuing education. Those17-30
requirements must include the completion each year of at least 1 hour of17-31
instruction relating to the effects of consuming alcohol during17-32
pregnancy. The instruction must include, without limitation, training:17-33
(a) That increases the knowledge and develops the practical skills of17-34
the licensee relating to addressing the needs of pregnant women who are17-35
at a high risk of consuming alcohol during pregnancy, children suffering17-36
from fetal alcohol syndrome and the families of those children;17-37
(b) That develops the skills of the licensee relating to screening,17-38
counseling and referring for treatment women who consume alcohol17-39
during pregnancy and providing follow-up treatment for those women17-40
and their children; and17-41
(c) Relating to methods for the diagnosis and evaluation of fetal17-42
alcohol syndrome.17-43
5. Collect all fees and make disbursements pursuant to this chapter.18-1
Sec. 37. Chapter 641B of NRS is hereby amended by adding thereto a18-2
new section to read as follows:18-3
1. Except as otherwise provided in subsection 2, each holder of a18-4
license issued by the board pursuant to this chapter who treats, advises or18-5
counsels a pregnant woman or a mother of a child suffering from fetal18-6
alcohol syndrome shall post in a conspicuous place in his office the18-7
written warnings and give to the woman or mother the oral warnings18-8
prescribed by the regulations adopted by the department of human18-9
resources pursuant to section 3 of this act relating to the possible18-10
problems, complications and injuries that the consumption of alcohol18-11
during pregnancy may cause to the woman and her fetus.18-12
2. A holder of a license is not required to post the written warnings18-13
described in subsection 1 if the office in which he works has at least one18-14
copy of those warnings posted in a conspicuous place.18-15
Sec. 38. NRS 641B.280 is hereby amended to read as follows: 641B.280 1. Every holder of a license issued pursuant to this chapter18-17
may renew his license annually by:18-18
(a) Applying to the board for renewal;18-19
(b) Submitting the statement required pursuant to NRS 641B.206;18-20
(c) Paying the annual renewal fee set by the board; and18-21
(d) Submitting evidence to the board of his completion of the required18-22
continuing education.18-23
2. The board shall, as a prerequisite for the renewal of a license,18-24
require the holder of a license to comply with the requirements for18-25
continuing education adopted by the board. Those requirements must18-26
include the completion each year of at least 1 hour of instruction relating18-27
to the effects of consuming alcohol during pregnancy. The instruction18-28
must include, without limitation, training:18-29
(a) That increases the knowledge and develops the practical skills of18-30
the holder of the license relating to addressing the needs of pregnant18-31
women who are at a high risk of consuming alcohol during pregnancy,18-32
children suffering from fetal alcohol syndrome and the families of those18-33
children;18-34
(b) That develops the skills of the holder of the license relating to18-35
screening, counseling and referring for treatment women who consume18-36
alcohol during pregnancy and providing follow-up treatment for those18-37
women and their children; and18-38
(c) Relating to methods for the diagnosis and evaluation of fetal18-39
alcohol syndrome.18-40
Sec. 39. 1. The appointment of the members to the advisory board18-41
on fetal alcohol syndrome created pursuant to section 5 of this act must be18-42
made as soon as practicable after October 1, 1999.19-1
2. The following initial members of the board must be appointed to19-2
terms that expire on October 1, 2000:19-3
(a) The member appointed pursuant to subparagraph (1) of paragraph19-4
(a) of subsection 1 of section 5 of this act;19-5
(b) The member appointed pursuant to subparagraph (1) of paragraph19-6
(b) of subsection 1 of section 5 of this act;19-7
(c) The member appointed pursuant to paragraph (c) of subsection 1 of19-8
section 5 of this act;19-9
(d) The member appointed pursuant to paragraph (d) of subsection 1 of19-10
section 5 of this act;19-11
(e) The member appointed pursuant to subparagraph (1) of paragraph19-12
(f) of subsection 1 of section 5 of this act;19-13
(f) The member appointed pursuant to subparagraph (3) of paragraph19-14
(f) of subsection 1 of section 5 of this act;19-15
(g) The member appointed pursuant to paragraph (g) of subsection 1 of19-16
section 5 of this act; and19-17
(h) The member appointed pursuant to subparagraph (1) of paragraph19-18
(h) of subsection 1 of section 5 of this act.19-19
3. The following initial members of the board must be appointed to19-20
terms that expire on October 1, 2001:19-21
(a) The member appointed pursuant to subparagraph (2) of paragraph19-22
(a) of subsection 1 of section 5 of this act;19-23
(b) The member appointed pursuant to subparagraph (2) of paragraph19-24
(b) of subsection 1 of section 5 of this act;19-25
(c) The member appointed pursuant to paragraph (e) of subsection 1 of19-26
section 5 of this act;19-27
(d) The member appointed pursuant to subparagraph (2) of paragraph19-28
(f) of subsection 1 of section 5 of this act;19-29
(e) The member appointed pursuant to subparagraph (4) of paragraph19-30
(f) of subsection 1 of section 5 of this act;19-31
(f) The member appointed pursuant to subparagraph (2) of paragraph19-32
(h) of subsection 1 of section 5 of this act;19-33
(g) The member appointed pursuant to paragraph (i) of subsection 1 of19-34
section 5 of this act; and19-35
(h) The member appointed pursuant to paragraph (j) of subsection 1 of19-36
section 5 of this act.19-37
Sec. 40. 1. This section and sections 3 and 17 of this act become19-38
effective upon passage and approval.19-39
2. Sections 1, 2, 4 to 16, inclusive, and 18 to 39, inclusive, of this act19-40
become effective on October 1, 1999.~