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).

Whereas, The occurrence of birth defects, mental retardation, attention

2-1 Section 1. Chapter 442 of NRS is hereby amended by adding thereto

2-2 the provisions set forth as sections 2 to 21, inclusive, of this act.

2-3 Secs. 2 and 3. (Deleted by amendment.)

2-4 Sec. 4. As used in sections 4 to 21, inclusive, of this act, unless the

2-5 context otherwise requires, "subcommittee" means the advisory

2-6 subcommittee on fetal alcohol syndrome of the advisory board on

2-7 maternal and child health.

2-8 Sec. 5. 1. The advisory subcommittee on fetal alcohol syndrome of

2-9 the advisory board on maternal and child health is hereby created. The

2-10 subcommittee consists of 12 members, as follows:

2-11 (a) The chairman of the advisory board shall appoint:

2-12 (1) One member who:

2-13 (I) Is a member of the advisory board and is a member of the

2-14 state board of health; or

2-15 (II) Is a member of the advisory board if no member of the

2-16 advisory board is a member of the state board of health;

2-17 (2) One member who is an employee of the division of child and

2-18 family services;

2-19 (3) One member who is a physician certified by the American

2-20 Board of Obstetrics and Gynecology, or an equivalent organization;

2-21 (4) One member who represents persons who operate

2-22 community-based programs for the prevention or treatment of substance

2-23 abuse;

3-1 (5) One member who is a judge of a juvenile or family court in this

3-2 state;

3-3 (6) One member who represents a statewide organization in this

3-4 state for the prevention of perinatal substance abuse; and

3-5 (7) One member who represents a national organization that

3-6 provides advocacy and representation for mentally retarded persons. To

3-7 the extent possible, the member appointed must be nominated by a

3-8 statewide organization in this state that is affiliated with such a national

3-9 organization or, if no such statewide organization exists, by a majority of

3-10 the local affiliates in this state of such a national organization.

3-11 (b) The Nevada Hospital Association shall appoint one member who

3-12 is an administrator of a hospital.

3-13 (c) The Nevada Association of Health Plans shall appoint one

3-14 member as its representative.

3-15 (d) The dean of the University of Nevada School of Medicine shall

3-16 appoint one member who is a member of the faculty of the department of

3-17 pediatrics of the University of Nevada School of Medicine.

3-18 (e) The chief of the bureau of alcohol and drug abuse of the

3-19 rehabilitation division of the department of employment, training and

3-20 rehabilitation shall appoint one member who is an employee of the

3-21 bureau.

3-22 (f) The superintendent of public instruction is an ex officio member of

3-23 the subcommittee and may, if he wishes, designate a person to serve on

3-24 the subcommittee in his place or to attend a meeting of the subcommittee

3-25 in his place.

3-26 2. If any of the appointing entities listed in subsection 1 cease to

3-27 exist, the appointments required by subsection 1 must be made by the

3-28 successor in interest of the entity or, if there is no successor in interest, by

3-29 the chairman of the advisory board.

3-30 3. The subcommittee may appoint one or more persons who have

3-31 special expertise relating to fetal alcohol syndrome to assist the

3-32 subcommittee in the performance of its duties.

3-33 Sec. 6. 1. At the first meeting of the subcommittee and each year

3-34 thereafter, the subcommittee shall elect a chairman and vice chairman

3-35 from among its members. If a vacancy occurs in the chairmanship or

3-36 vice chairmanship, the subcommittee shall elect a member to serve the

3-37 remainder of the unexpired term.

3-38 2. Except for the ex officio member, the term of office of each

3-39 member of the subcommittee is 2 years. Each appointed member shall

3-40 continue in office until his successor is appointed. An appointed member

3-41 of the subcommittee may be reappointed. A vacancy in an appointed

3-42 position must be filled by appointment for the unexpired term in the same

3-43 manner as the original appointment.

4-1 Sec. 7. 1. The subcommittee shall meet at the call of the chairman

4-2 as often as required to perform its duties.

4-3 2. A majority of the subcommittee constitutes a quorum for the

4-4 transaction of business, and a majority of those members present at any

4-5 meeting is sufficient for any action taken by the subcommittee.

4-6 3. The health division shall provide necessary staff to assist the

4-7 subcommittee in performing its duties.

4-8 Sec. 8. 1. Each member of the subcommittee serves without

4-9 compensation.

4-10 2. While engaged in the business of the subcommittee, each member

4-11 is entitled to receive the per diem allowance and travel expenses provided

4-12 for state officers and employees generally. The per diem allowance and

4-13 travel expenses of:

4-14 (a) A member of the subcommittee who is an officer or employee of

4-15 this state or a local government thereof must be paid by the state agency

4-16 or the local government of this state that employs him; and

4-17 (b) Any other member of the subcommittee must be paid by the health

4-18 division.

4-19 3. Each member of the subcommittee who is an officer or employee

4-20 of this state or a local government must be relieved from the duties of his

4-21 employment without loss of his regular compensation so that he may

4-22 perform his duties on the subcommittee in the most timely manner

4-23 practicable. A state agency or local government shall not require an

4-24 officer or employee who is a member of the subcommittee to make up the

4-25 time he is absent from work to fulfill his obligations as a member, and

4-26 shall not require the member to take annual leave or compensatory time

4-27 for the absence.

4-28 Sec. 9. The advisory board and the subcommittee shall:

4-29 1. Assist the health division in developing the program of public

4-30 education that it is required to develop pursuant to section 10 of this act,

4-31 including, without limitation, preparing and obtaining information

4-32 relating to fetal alcohol syndrome.

4-33 2. Assist the University of Nevada School of Medicine in reviewing,

4-34 amending and distributing the guidelines it is required to develop

4-35 pursuant to section 12 of this act.

4-36 3. Determine, based in part upon the annual report submitted to the

4-37 advisory board pursuant to section 18 of this act, the most effective

4-38 methods of:

4-39 (a) Preventing fetal alcohol syndrome; and

4-40 (b) Collecting information relating to the incidence of fetal alcohol

4-41 syndrome in this state.

4-42 4. Develop and promote guidelines for the prevention of the

4-43 consumption of alcohol by women during pregnancy. The guidelines

5-1 must be developed with the goal of increasing the use of programs for the

5-2 treatment of substance abuse by women before, during and after

5-3 pregnancy.

5-4 5. Develop with the assistance of the University of Nevada School of

5-5 Medicine, model curricula relating to fetal alcohol syndrome that meet

5-6 the continuing education requirements applicable to providers of health

5-7 care and other services.

5-8 6. Promote the availability of and distribute the model curricula

5-9 developed pursuant to subsection 5.

5-10 7. Review the statistical data reported to the health division relating

5-11 to the incidence of fetal alcohol syndrome in this state.

5-12 Sec. 10. 1. The health division shall develop and carry out a

5-13 program of public education to increase public awareness about the

5-14 dangers of fetal alcohol syndrome and other adverse effects on a fetus

5-15 that may result from the consumption of alcohol during pregnancy. The

5-16 program must include, without limitation:

5-17 (a) Educational messages that are directed toward the general public

5-18 and specific geographical areas and groups of persons in this state that

5-19 are identified pursuant to subsection 1 of section 19 of this act as having

5-20 women who are at a high risk of consuming alcohol during pregnancy.

5-21 (b) Providing training materials to school personnel to assist them in

5-22 identifying pupils who may be suffering from fetal alcohol syndrome and

5-23 offering to provide the parents of those pupils with a referral for

5-24 diagnostic services and treatment.

5-25 (c) If a toll-free telephone service is otherwise provided by the health

5-26 division, the use of that telephone service for providing information

5-27 relating to programs for the treatment of substance abuse, providers of

5-28 health care or other services and other available resources, and referrals

5-29 to those programs, if appropriate. The telephone number must be

5-30 disclosed in the educational messages provided pursuant to this section.

5-31 2. The subcommittee shall periodically evaluate the program to

5-32 determine its effectiveness.

5-33 Sec. 11. 1. The health division may apply for and accept gifts,

5-34 grants and contributions from any public or private source to carry out

5-35 its duties pursuant to the provisions of sections 4 to 21, inclusive, of this

5-36 act.

5-37 2. The health division shall account separately for the money

5-38 received from those gifts, grants or contributions. The administrator of

5-39 the health division shall administer the account, and all claims against

5-40 the account must be approved by the administrator before they are paid.

5-41 3. The money in the account must be used only to carry out the

5-42 provisions of sections 4 to 21, inclusive, of this act.

6-1 4. The subcommittee may make recommendations to the

6-2 administrator of the health division concerning the use of the money in

6-3 the account. The administrator shall consider the recommendations of

6-4 the subcommittee.

6-5 Sec. 12. 1. The University of Nevada School of Medicine shall

6-6 develop guidelines to assist a provider of health care or other services in

6-7 identifying:

6-8 (a) Pregnant women who are at a high risk of consuming alcohol

6-9 during pregnancy; and

6-10 (b) Children who are suffering from fetal alcohol syndrome.

6-11 2. The subcommittee shall review, amend, adopt and distribute the

6-12 guidelines developed by the University of Nevada School of Medicine

6-13 pursuant to subsection 1.

6-14 Sec. 12.5. If a pregnant woman is referred to the health division by a

6-15 provider of health care or other services for information relating to

6-16 programs for the prevention and treatment of fetal alcohol syndrome,

6-17 any report relating to the referral or other associated documentation is

6-18 confidential and must not be used in any criminal prosecution of the

6-19 woman.

6-20 Sec. 13. (Deleted by amendment.)

6-21 Sec. 14. The division of child and family services of the department

6-22 or a licensed child-placing agency shall inquire, during its initial contact

6-23 with a natural parent of a child who is to be placed for adoption, about

6-24 consumption of alcohol or substance abuse by the mother of the child

6-25 during pregnancy. The information obtained from the inquiry must be:

6-26 1. Included in the report provided to the adopting parents of the child

6-27 pursuant to NRS 127.152; and

6-28 2. Reported to the health division on a form prescribed by the health

6-29 division. The report must not contain any identifying information and

6-30 may be used only for statistical purposes.

6-31 Sec. 15. 1. The division of child and family services of the

6-32 department shall inquire, during its initial contact with a natural parent

6-33 of a child who is to be placed in a family foster home, about consumption

6-34 of alcohol or substance abuse by the mother of the child during

6-35 pregnancy. The information obtained from the inquiry must be:

6-36 (a) Provided to the provider of family foster care pursuant to NRS

6-37 424.038; and

6-38 (b) Reported to the health division on a form prescribed by the health

6-39 division. The report must not contain any identifying information and

6-40 may be used only for statistical purposes.

6-41 2. As used in this section, "family foster home" has the meaning

6-42 ascribed to it in NRS 424.013.

7-1 Sec. 16. An agency which provides protective services shall inquire,

7-2 during its initial contact with a natural parent of a child whom a court

7-3 has determined must be kept in temporary or permanent custody, about

7-4 consumption of alcohol or substance abuse by the mother of the child

7-5 during pregnancy. The information obtained from the inquiry must be:

7-6 1. Included in the report the agency is required to make pursuant to

7-7 NRS 432B.540; and

7-8 2. Reported to the health division on a form prescribed by the health

7-9 division. The report must not contain any identifying information and

7-10 may be used only for statistical purposes.

7-11 Sec. 17. The health division shall adopt regulations necessary to

7-12 carry out the provisions of sections 13 to 16, inclusive, of this act.

7-13 Sec. 18. 1. The subcommittee shall identify the most effective

7-14 methods of:

7-15 (a) Preventing fetal alcohol syndrome; and

7-16 (b) Collecting information relating to the incidence of fetal alcohol

7-17 syndrome in this state.

7-18 2. On or before a date specified by the advisory board, the

7-19 subcommittee shall submit to the advisory board an annual report

7-20 consisting of its findings.

7-21 Sec. 19. The health division shall develop and maintain a system for

7-22 monitoring fetal alcohol syndrome, that may include, without limitation,

7-23 a method of:

7-24 1. Identifying the geographical areas in this state in which women

7-25 are at a high risk of consuming alcohol during pregnancy and groups of

7-26 persons in this state that include such women;

7-27 2. Identifying and evaluating deficiencies in existing systems for

7-28 delivering perinatal care; and

7-29 3. Collecting and analyzing data relating to systems for delivering

7-30 perinatal care.

7-31 Secs. 20 and 21. (Deleted by amendment.)

7-32 Sec. 22. NRS 442.003 is hereby amended to read as follows:

7-33 442.003 As used in this chapter, unless the context requires otherwise:

8-1 6. "Provider of health care or other services" means:

8-2 (a) A person who has been certified as a counselor or an

8-3 administrator of an alcohol and drug abuse program pursuant to chapter

8-4 458 of NRS;

8-5 (b) A physician or a physician’s assistant who is licensed pursuant to

8-6 chapter 630 of NRS and who practices in the area of obstetrics and

8-7 gynecology, family practice, internal medicine, pediatrics or psychiatry;

8-8 (c) A licensed nurse;

8-9 (d) A licensed psychologist;

8-10 (e) A licensed marriage and family therapist;

8-11 (f) A licensed social worker; or

8-12 (g) A holder of a certificate of registration as a pharmacist.

8-13 Sec. 22.3. NRS 442.115 is hereby amended to read as follows:

8-14 442.115 1. The state board of health, upon the recommendation of

8-35 making the examination or tests.

8-36 Sec. 22.5. NRS 629.151 is hereby amended to read as follows:

8-37 629.151 It is unlawful to obtain any genetic information of a person

9-1 2. To determine the parentage or identity of a person pursuant to NRS

9-2 56.020;

9-3 3. To determine the paternity of a person pursuant to NRS 126.121 or

9-4 425.384;

9-5 4. For use in a study where the identities of the persons from whom the

9-6 genetic information is obtained are not disclosed to the person conducting

9-7 the study;

9-8 5. To determine the presence of certain preventable or inheritable

9-9 disorders in an infant pursuant to NRS 442.115 or a provision of federal

9-10 law; or

9-11 6. Pursuant to an order of a court of competent jurisdiction.

9-12 Sec. 22.7. NRS 629.171 is hereby amended to read as follows:

9-13 629.171 It is unlawful to disclose or to compel a person to disclose the

9-34 8. By an agency of criminal justice pursuant to NRS 179A.075.

9-35 Secs. 23-38. (Deleted by amendment.)

9-36 Sec. 38.5. The provisions of this act must be carried out within the

9-37 limits of available appropriations and other resources.

9-38 Sec. 39. 1. The appointment of the members to the advisory

9-39 subcommittee on fetal alcohol syndrome of the advisory board on maternal

9-40 and child health created pursuant to section 5 of this act must be made as

9-41 soon as practicable after October 1, 1999.

9-42 2. The terms of the initial members of the subcommittee expire on

9-43 October 1, 2001.

10-1 Sec. 40. 1. This section and sections 1, 3 and 17 of this act become

10-2 effective upon passage and approval.

10-3 2. Sections 2, 4 to 16, inclusive, and 18 to 39, inclusive, of this act

10-4 become effective on October 1, 1999.