CHAPTER........
AN ACT relating to public health; creating the advisory subcommittee on fetal alcohol
syndrome of the advisory board on maternal and child health and providing its
duties; requiring the health division of the department of human resources to
develop and carry out certain programs relating to the prevention and treatment of
fetal alcohol syndrome; making various other changes relating to fetal alcohol
syndrome; and providing other matters properly relating thereto.
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:
Section 1. Chapter 442 of NRS is hereby amended by adding thereto
the provisions set forth as sections 2 to 21, inclusive, of this act.
Secs. 2 and 3. (Deleted by amendment.)
Sec. 4.
As used in sections 4 to 21, inclusive, of this act, unless thecontext otherwise requires, "subcommittee" means the advisory
subcommittee on fetal alcohol syndrome of the advisory board on
maternal and child health.
Sec. 5.
1. The advisory subcommittee on fetal alcohol syndrome ofthe advisory board on maternal and child health is hereby created. The
subcommittee consists of 12 members, as follows:
(a) The chairman of the advisory board shall appoint:
(1) One member who:
(I) Is a member of the advisory board and is a member of the
state board of health; or
(II) Is a member of the advisory board if no member of the
advisory board is a member of the state board of health;
(2) One member who is an employee of the division of child and
family services;
(3) One member who is a physician certified by the American
Board of Obstetrics and Gynecology, or an equivalent organization;
(4) One member who represents persons who operate
community-based programs for the prevention or treatment of substance
abuse;
(5) One member who is a judge of a juvenile or family court in this
state;
(6) One member who represents a statewide organization in this
state for the prevention of perinatal substance abuse; and
(7) One member who represents a national organization that
provides advocacy and representation for mentally retarded persons. To
the extent possible, the member appointed must be nominated by a
statewide organization in this state that is affiliated with such a national
organization or, if no such statewide organization exists, by a majority of
the local affiliates in this state of such a national organization.
(b) The Nevada Hospital Association shall appoint one member who
is an administrator of a hospital.
(c) The Nevada Association of Health Plans shall appoint one
member as its representative.
(d) The dean of the University of Nevada School of Medicine shall
appoint one member who is a member of the faculty of the department of
pediatrics of the University of Nevada School of Medicine.
(e) The chief of the bureau of alcohol and drug abuse of the
rehabilitation division of the department of employment, training and
rehabilitation shall appoint one member who is an employee of the
bureau.
(f) The superintendent of public instruction is an ex officio member of
the subcommittee and may, if he wishes, designate a person to serve on
the subcommittee in his place or to attend a meeting of the subcommittee
in his place.
2. If any of the appointing entities listed in subsection 1 cease to
exist, the appointments required by subsection 1 must be made by the
successor in interest of the entity or, if there is no successor in interest, by
the chairman of the advisory board.
3. The subcommittee may appoint one or more persons who have
special expertise relating to fetal alcohol syndrome to assist the
subcommittee in the performance of its duties.
Sec. 6.
1. At the first meeting of the subcommittee and each yearthereafter, the subcommittee shall elect a chairman and vice chairman
from among its members. If a vacancy occurs in the chairmanship or
vice chairmanship, the subcommittee shall elect a member to serve the
remainder of the unexpired term.
2. Except for the ex officio member, the term of office of each
member of the subcommittee is 2 years. Each appointed member shall
continue in office until his successor is appointed. An appointed member
of the subcommittee may be reappointed. A vacancy in an appointed
position must be filled by appointment for the unexpired term in the same
manner as the original appointment.
Sec. 7.
1. The subcommittee shall meet at the call of the chairmanas often as required to perform its duties.
2. A majority of the subcommittee constitutes a quorum for the
transaction of business, and a majority of those members present at any
meeting is sufficient for any action taken by the subcommittee.
3. The health division shall provide necessary staff to assist the
subcommittee in performing its duties.
Sec. 8.
1. Each member of the subcommittee serves withoutcompensation.
2. While engaged in the business of the subcommittee, each member
is entitled to receive the per diem allowance and travel expenses provided
for state officers and employees generally. The per diem allowance and
travel expenses of:
(a) A member of the subcommittee who is an officer or employee of
this state or a local government thereof must be paid by the state agency
or the local government of this state that employs him; and
(b) Any other member of the subcommittee must be paid by the health
division.
3. Each member of the subcommittee who is an officer or employee
of this state or a local government must be relieved from the duties of his
employment without loss of his regular compensation so that he may
perform his duties on the subcommittee in the most timely manner
practicable. A state agency or local government shall not require an
officer or employee who is a member of the subcommittee to make up the
time he is absent from work to fulfill his obligations as a member, and
shall not require the member to take annual leave or compensatory time
for the absence.
Sec. 9.
The advisory board and the subcommittee shall:1. Assist the health division in developing the program of public
education that it is required to develop pursuant to section 10 of this act,
including, without limitation, preparing and obtaining information
relating to fetal alcohol syndrome.
2. Assist the University of Nevada School of Medicine in reviewing,
amending and distributing the guidelines it is required to develop
pursuant to section 12 of this act.
3. Determine, based in part upon the annual report submitted to the
advisory board pursuant to section 18 of this act, the most effective
methods of:
(a) Preventing fetal alcohol syndrome; and
(b) Collecting information relating to the incidence of fetal alcohol
syndrome in this state.
4. Develop and promote guidelines for the prevention of the
consumption of alcohol by women during pregnancy. The guidelines
must be developed with the goal of increasing the use of programs for the
treatment of substance abuse by women before, during and after
pregnancy.
5. Develop with the assistance of the University of Nevada School of
Medicine, model curricula relating to fetal alcohol syndrome that meet
the continuing education requirements applicable to providers of health
care and other services.
6. Promote the availability of and distribute the model curricula
developed pursuant to subsection 5.
7. Review the statistical data reported to the health division relating
to the incidence of fetal alcohol syndrome in this state.
Sec. 10.
1. The health division shall develop and carry out aprogram of public education to increase public awareness about the
dangers of fetal alcohol syndrome and other adverse effects on a fetus
that may result from the consumption of alcohol during pregnancy. The
program must include, without limitation:
(a) Educational messages that are directed toward the general public
and specific geographical areas and groups of persons in this state that
are identified pursuant to subsection 1 of section 19 of this act as having
women who are at a high risk of consuming alcohol during pregnancy.
(b) Providing training materials to school personnel to assist them in
identifying pupils who may be suffering from fetal alcohol syndrome and
offering to provide the parents of those pupils with a referral for
diagnostic services and treatment.
(c) If a toll-free telephone service is otherwise provided by the health
division, the use of that telephone service for providing information
relating to programs for the treatment of substance abuse, providers of
health care or other services and other available resources, and referrals
to those programs, if appropriate. The telephone number must be
disclosed in the educational messages provided pursuant to this section.
2. The subcommittee shall periodically evaluate the program to
determine its effectiveness.
Sec. 11.
1. The health division may apply for and accept gifts,grants and contributions from any public or private source to carry out
its duties pursuant to the provisions of sections 4 to 21, inclusive, of this
act.
2. The health division shall account separately for the money
received from those gifts, grants or contributions. The administrator of
the health division shall administer the account, and all claims against
the account must be approved by the administrator before they are paid.
3. The money in the account must be used only to carry out the
provisions of sections 4 to 21, inclusive, of this act.
4. The subcommittee may make recommendations to the
administrator of the health division concerning the use of the money in
the account. The administrator shall consider the recommendations of
the subcommittee.
Sec. 12.
1. The University of Nevada School of Medicine shalldevelop guidelines to assist a provider of health care or other services in
identifying:
(a) Pregnant women who are at a high risk of consuming alcohol
during pregnancy; and
(b) Children who are suffering from fetal alcohol syndrome.
2. The subcommittee shall review, amend, adopt and distribute the
guidelines developed by the University of Nevada School of Medicine
pursuant to subsection 1.
Sec. 12.5. If a pregnant woman is referred to the health division by a
provider of health care or other services for information relating to
programs for the prevention and treatment of fetal alcohol syndrome,
any report relating to the referral or other associated documentation is
confidential and must not be used in any criminal prosecution of the
woman.
Sec. 13.
(Deleted by amendment.)Sec. 14. The division of child and family services of the department
or a licensed child-placing agency shall inquire, during its initial contact
with a natural parent of a child who is to be placed for adoption, about
consumption of alcohol or substance abuse by the mother of the child
during pregnancy. The information obtained from the inquiry must be:
1. Included in the report provided to the adopting parents of the child
2. Reported to the health division on a form prescribed by the health
division. The report must not contain any identifying information and
may be used only for statistical purposes.
Sec. 15.
1. The division of child and family services of thedepartment shall inquire, during its initial contact with a natural parent
of a child who is to be placed in a family foster home, about consumption
of alcohol or substance abuse by the mother of the child during
pregnancy. The information obtained from the inquiry must be:
(a) Provided to the provider of family foster care pursuant to NRS
424.038; and
(b) Reported to the health division on a form prescribed by the health
division. The report must not contain any identifying information and
may be used only for statistical purposes.
2. As used in this section, "family foster home" has the meaning
ascribed to it in NRS 424.013.
Sec. 16.
An agency which provides protective services shall inquire,during its initial contact with a natural parent of a child whom a court
has determined must be kept in temporary or permanent custody, about
consumption of alcohol or substance abuse by the mother of the child
during pregnancy. The information obtained from the inquiry must be:
1. Included in the report the agency is required to make pursuant to
NRS 432B.540; and
2. Reported to the health division on a form prescribed by the health
division. The report must not contain any identifying information and
may be used only for statistical purposes.
Sec. 17.
The health division shall adopt regulations necessary tocarry out the provisions of sections 13 to 16, inclusive, of this act.
Sec. 18.
1. The subcommittee shall identify the most effectivemethods of:
(a) Preventing fetal alcohol syndrome; and
(b) Collecting information relating to the incidence of fetal alcohol
syndrome in this state.
2. On or before a date specified by the advisory board, the
subcommittee shall submit to the advisory board an annual report
consisting of its findings.
Sec. 19.
The health division shall develop and maintain a system formonitoring fetal alcohol syndrome, that may include, without limitation,
a method of:
1. Identifying the geographical areas in this state in which women
are at a high risk of consuming alcohol during pregnancy and groups of
persons in this state that include such women;
2. Identifying and evaluating deficiencies in existing systems for
delivering perinatal care; and
3. Collecting and analyzing data relating to systems for delivering
perinatal care.
Secs. 20 and 21. (Deleted by amendment.
Sec. 22. NRS 442.003 is hereby amended to read as follows:
442.003 As used in this chapter, unless the context requires otherwise:
1. "Advisory board" means the advisory board on maternal and child
health.
(a) A person who has been certified as a counselor or an
administrator of an alcohol and drug abuse program pursuant to chapter
458 of NRS;
(b) A physician or a physician’s assistant who is licensed pursuant to
chapter 630 of NRS and who practices in the area of obstetrics and
gynecology, family practice, internal medicine, pediatrics or psychiatry;
(c) A licensed nurse;
(d) A licensed psychologist;
(e) A licensed marriage and family therapist;
(f) A licensed social worker; or
Sec. 22.3.
NRS 442.115 is hereby amended to read as follows:Sec. 22.5. NRS 629.151 is hereby amended to read as follows:
Sec. 22.7. NRS 629.171 is hereby amended to read as follows:
8. By an agency of criminal justice pursuant to NRS 179A.075.
Secs. 23-38. (Deleted by amendment.)
Sec. 38.5. The provisions of this act must be carried out within the
limits of available appropriations and other resources.
Sec. 39. 1. The appointment of the members to the advisory
subcommittee on fetal alcohol syndrome of the advisory board on maternal
and child health created pursuant to section 5 of this act must be made as
soon as practicable after October 1, 1999.
2. The terms of the initial members of the subcommittee expire on
October 1, 2001.
Sec. 40. 1. This section and sections 1, 3 and 17 of this act become
effective upon passage and approval.
2. Sections 2, 4 to 16, inclusive, and 18 to 39, inclusive, of this act
become effective on October 1, 1999.
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