EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. Title 54 of NRS is hereby amended by adding thereto a

1-3 inclusive, of this act.

1-4 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-5 the words and terms defined in sections 3 to 7, inclusive, of this act, have

1-6 the meanings ascribed to them in those sections.

1-7 Sec. 3. "Board" means the board of examiners for alcohol and drug

1-8 abuse counselors.

1-9 Sec. 4. "Habitual use" means the use of alcohol and drugs that

1-10 endangers the health, safety or welfare of the user or any other person.

1-11 Sec. 5. "License" means a license issued by the board pursuant to

1-12 the provisions of this chapter.

1-13 Sec. 6. "Licensee" means a person who is licensed as an alcohol

1-14 and drug abuse counselor or alcohol and drug abuse counselor intern

1-15 pursuant to the provisions of this chapter.

1-16 Sec. 7. "Practice of counseling alcohol and drug abusers" means

1-17 the application of counseling to reduce or eliminate the habitual use of

2-1 alcohol or other drugs, other than any maintenance dosage of a narcotic

2-2 or habit-forming drug administered pursuant to chapter 453 of NRS.

2-3 Sec. 8. The practice of counseling alcohol and drug abusers is

2-4 hereby declared to be a learned profession, affecting public health, safety

2-5 and welfare and is subject to regulation to protect the public from the

2-6 practice of counseling alcohol and drug abusers by unqualified persons

2-7 and from unprofessional conduct by persons who are licensed to engage

2-8 in the practice of counseling alcohol and drug abusers.

2-9 Sec. 9. A license issued pursuant to the provisions of this chapter is

2-10 a privilege that may be revoked in accordance with the disciplinary

2-11 procedures set forth in this chapter and in regulations adopted by the

2-12 board pursuant thereto, and no holder of such a license acquires thereby

2-13 any vested right.

2-14 Sec. 10. The provisions of this chapter do not apply to:

2-15 1. A physician who is licensed pursuant to the provisions of chapter

2-16 630 of NRS; or

2-17 2. A psychologist who is licensed pursuant to the provisions of

2-18 chapter 641 of NRS.

2-19 Sec. 11. 1. The board of examiners for alcohol and drug abuse

2-20 counselors, consisting of five members appointed by the governor, is

2-21 hereby created.

2-22 2. The board must consist of:

2-23 (a) Three members who are licensed or eligible for licensing as

2-24 alcohol and drug abuse counselors pursuant to the provisions of this

2-25 chapter;

2-26 (b) One member who is an educator; and

2-27 (c) One member who is a psychologist licensed pursuant to the

2-28 provisions of chapter 641 of NRS.

2-29 3. A person may not be appointed to the board unless he is:

2-30 (a) A citizen of the United States or is lawfully entitled to remain and

2-31 work in the United States; and

2-32 (b) A resident of this state.

2-33 4. No member of the board may be held liable in a civil action for

2-34 any act that he performs in good faith in the execution of his duties

2-35 pursuant to the provisions of this chapter.

2-36 5. The board shall adopt such regulations as are necessary to carry

2-37 out the provisions of this chapter.

2-38 Sec. 12. 1. After the initial terms, members of the board must be

2-39 appointed to terms of 4 years and may not serve more than two

2-40 consecutive terms.

2-41 2. Upon the expiration of his term, a member continues to serve on

2-42 the board until a qualified person has been appointed as his successor.

3-1 3. The governor may, after notice and hearing, remove any member

3-2 of the board for misconduct, incompetence, neglect of duty or any other

3-3 sufficient cause.

3-4 Sec. 13. 1. The board shall:

3-5 (a) Elect annually from its members a president, vice president and

3-6 secretary-treasurer. If the president, vice president or secretary-treasurer

3-7 is replaced by another person appointed by the governor, the board shall

3-8 elect from its members a replacement for the president, vice president or

3-9 secretary-treasurer.

3-10 (b) Meet not less than twice a year and may meet at other times at the

3-11 call of the president or a majority of its members.

3-12 (c) Not incur any expenses that exceed the money received from time

3-13 to time as fees provided by the provisions of this chapter.

3-14 (d) Prepare and maintain a complete record of its transactions and

3-15 proceedings.

3-16 (e) Adopt a seal of which each court of this state shall take judicial

3-17 notice.

3-18 2. A majority of the board constitutes a quorum to transact the

3-19 business of the board.

3-20 Sec. 14. 1. Each member of the board is entitled to receive:

3-21 (a) A salary of not more than $80 per day, as fixed by the board, while

3-22 engaged in the business of the board; and

3-23 (b) A per diem allowance and travel expenses, at a rate fixed by the

3-24 board, while engaged in the business of the board. The rate must not

3-25 exceed the rate provided for officers and employees of this state

3-26 generally.

3-27 2. While engaged in the business of the board, each employee of the

3-28 board is entitled to receive a per diem allowance and travel expenses at a

3-29 rate fixed by the board. The rate must not exceed the rate provided for

3-30 officers and employees of this state generally.

3-31 Sec. 15. The secretary-treasurer of the board shall prepare and

3-32 maintain:

3-33 1. A separate list of the names and addresses of:

3-34 (a) The applicants for a license; and

3-35 (b) The licensees.

3-36 2. A record of each examination conducted by the board.

3-37 3. An inventory of:

3-38 (a) The property of the board; and

3-39 (b) The property of this state that is in the possession of the board.

3-40 Sec. 16. The board may:

3-41 1. Maintain offices in as many locations in this state as it considers

3-42 necessary to carry out the provisions of this chapter.

4-1 2. Employ attorneys, investigators and other persons necessary to

4-2 carry out its duties.

4-3 Sec. 17. 1. Except as otherwise provided in subsection 4, all

4-21 both.

4-22 Sec. 18. 1. Any records or information obtained during the course

4-23 of an investigation by the board and any record of the investigation are

4-24 confidential until the investigation is completed. Upon completion of the

4-25 investigation, the information and records are public records if:

4-26 (a) Disciplinary action is imposed by the board as a result of the

4-27 investigation; or

4-28 (b) The person regarding whom the investigation was made submits a

4-29 written request to the board asking that the information and records be

4-30 made public records.

4-31 2. The provisions of this section do not prohibit the board from

4-32 providing any such records or information to another licensing board or

4-33 an agency, including, without limitation, a law enforcement agency, that

4-34 is investigating a person who is licensed pursuant to the provisions of this

4-35 chapter.

4-36 Sec. 19. 1. The board may issue subpoenas for the attendance of

4-37 witnesses and the production of books and papers.

4-38 2. The district court, in and for the county in which a hearing is held,

4-39 may compel the attendance of witnesses, the giving of testimony and the

4-40 production of books and papers as required by a subpoena issued by the

4-41 board.

5-1 3. If a witness refuses to attend or testify or to produce any books or

5-2 papers required by a subpoena, the board may file a petition ex parte

5-3 with the district court, setting forth that:

5-4 (a) Notice has been given of the time and place for the attendance of

5-5 the witness or the production of the books or papers;

5-6 (b) The witness has been subpoenaed by the board pursuant to this

5-7 section;

5-8 (c) The witness has failed or refused to attend or produce the books or

5-9 papers required by the subpoena before the board in the cause or

5-10 proceeding named in the subpoena, or has refused to answer questions

5-11 propounded to him in the course of the hearing; and

5-12 (d) The board therefore requests an order of the court compelling the

5-13 witness to attend and testify or produce the books and papers before the

5-14 board.

5-15 4. The court, upon such a petition, shall enter an order directing the

5-16 witness to appear before the court at a time and place fixed by the court

5-17 in the order, and to show cause why he has not attended or testified or

5-18 produced the books or papers before the board. The time may not be

5-19 more than 10 days after the date of the order. A certified copy of the

5-20 order must be served upon the witness.

5-21 5. If the court determines that the subpoena was regularly issued by

5-22 the board, the court shall enter an order that the witness appear before

5-23 the board at the time and place fixed in the order, and testify or produce

5-24 the required books or papers. The failure to obey the order is a contempt

5-25 of the court that issued it.

5-26 Sec. 20. Each witness who appears by an order of the board is

5-27 entitled to receive for his attendance the same fees and mileage allowed

5-28 by law to a witness in a civil case. The amount must be paid by the party

5-29 who requested the subpoena. If a witness who has not been required to

5-30 attend at the request of any party is subpoenaed by the board, his fees

5-31 and mileage must be paid from the money of the board.

5-32 Sec. 21. 1. The board may, in any hearing before it, cause the

5-33 deposition of witnesses to be taken in the manner prescribed for

5-34 depositions in civil actions in this state.

5-35 2. The district court in and for the county in which a hearing is held

5-36 shall, upon the application of the board, issue a commission to another

5-37 state for the taking of evidence in that state for use in a proceeding

5-38 before the board.

5-39 Sec. 22. 1. If the board receives a copy of a court order issued

5-43 suspended at the end of the 30th day after the date on which the court

6-1 order was issued unless the board receives a letter issued to the licensee

6-2 by the district attorney or other public agency pursuant to NRS 425.550

6-3 stating that the licensee has complied with the subpoena or warrant or

6-4 has satisfied the arrearage pursuant to NRS 425.560.

6-5 2. The board shall reinstate a license that has been suspended by a

6-6 district court pursuant to NRS 425.540 if the board receives a letter

6-7 issued by the district attorney or other public agency pursuant to NRS

6-8 425.550 to the licensee stating that the licensee has complied with the

6-9 subpoena or warrant or has satisfied the arrearage pursuant to NRS

6-10 425.560.

6-11 Sec. 23. Each applicant for a license must submit to the board:

6-12 1. An application on a form provided by the board; and

6-13 2. The application fee prescribed in section 35 of this act.

6-14 Sec. 24. An application for a license must set forth the social

6-15 security number of the applicant.

6-16 Sec. 25. 1. An applicant for the issuance, renewal, reinstatement

6-17 or restoration of a license shall submit to the board the statement

6-18 prescribed by the welfare division of the department of human resources

6-19 pursuant to NRS 425.520. The statement must be completed and signed

6-20 by the applicant.

6-21 2. The board shall include the statement required pursuant to

6-22 subsection 1 in:

6-23 (a) The application or any other forms that must be submitted for the

6-24 issuance, renewal, reinstatement or restoration of the license; or

6-25 (b) A separate form prescribed by the board.

6-26 3. A license may not be issued, renewed, reinstated or restored by the

6-27 board if the applicant:

6-28 (a) Fails to submit the statement required pursuant to subsection 1; or

6-29 (b) Indicates on the statement submitted pursuant to subsection 1 that

6-30 he is subject to a court order for the support of a child and is not in

6-31 compliance with the order or a plan approved by the district attorney or

6-32 other public agency enforcing the order for the repayment of the amount

6-33 owed pursuant to the order.

6-34 4. If an applicant indicates on the statement submitted pursuant to

6-35 subsection 1 that he is subject to a court order for the support of a child

6-36 and is not in compliance with the order or a plan approved by the district

6-37 attorney or other public agency enforcing the order for the repayment of

6-38 the amount owed pursuant to the order, the board shall advise the

6-39 applicant to notify the district attorney or other public agency enforcing

6-40 the order to determine the actions that the applicant may take to satisfy

6-41 the arrearage.

7-1 Sec. 26. 1. The board shall issue a license as an alcohol and drug

7-2 abuse counselor to a person who:

7-3 (a) Is not less than 21 years of age;

7-4 (b) Is a citizen of the United States or is lawfully entitled to remain

7-5 and work in the United States;

7-6 (c) Has received a master’s degree or a doctoral degree from an

7-7 accredited college or university in nursing or in a field of social science

7-8 approved by the board;

7-9 (d) Has completed 4,000 hours of supervised counseling of alcohol

7-10 and drug abusers;

7-11 (e) Passes the written and oral examinations prescribed by the board

7-12 pursuant to section 29 of this act;

7-13 (f) Pays the fees required pursuant to section 35 of this act; and

7-14 (g) Submits the statement required pursuant to section 25 of this act.

7-15 2. A license as an alcohol and drug abuse counselor is valid for 2

7-16 years and may be renewed.

7-17 3. An alcohol and drug abuse counselor may:

7-18 (a) Engage in the practice of counseling alcohol and drug abusers;

7-19 (b) Diagnose or classify a person as an alcoholic or abuser of drugs;

7-20 and

7-21 (c) Supervise alcohol and drug abuse counselor interns.

7-22 Sec. 27. 1. The board shall issue a license as an alcohol and drug

7-23 abuse counselor intern to a person who:

7-24 (a) Is not less than 21 years of age;

7-25 (b) Is a citizen of the United States or is lawfully entitled to remain

7-26 and work in the United States;

7-27 (c) Has a high school diploma or a general equivalency diploma;

7-28 (d) Pays the fees required pursuant to section 35 of this act;

7-29 (e) Submits proof to the board that he is enrolled in a program from

7-30 which he will earn an associate’s degree, bachelor’s degree or master’s

7-31 degree in nursing or in a field of social science approved by the board;

7-32 and

7-33 (f) Submits the statement required pursuant to section 25 of this act.

7-34 2. A license as an alcohol and drug abuse counselor intern is valid

7-35 for 1 year and may be renewed.

7-36 3. An alcohol and drug abuse counselor intern may engage in the

7-37 practice of counseling alcohol and drug abusers under the supervision of

7-38 an alcohol and drug abuse counselor.

7-39 Sec. 28. 1. Except as otherwise provided in subsection 2, a person

7-40 shall not engage in the practice of counseling alcohol and drug abusers

7-41 unless that person is licensed by the board as an alcohol and drug abuse

7-42 counselor or alcohol and drug abuse counselor intern pursuant to the

7-43 provisions of this chapter.

8-1 2. A person may engage in the practice of counseling alcohol and

8-2 drug abusers under the supervision of an alcohol and drug abuse

8-3 counselor for not more than 30 days if that person:

8-4 (a) Is qualified to be licensed as an alcohol and drug abuse counselor

8-5 pursuant to the provisions of this chapter; and

8-6 (b) Submits an application to the board for a license as an alcohol and

8-7 drug abuse counselor pursuant to the provisions of this chapter.

8-8 Sec. 29. 1. Each applicant for a license as an alcohol and drug

8-9 abuse counselor must pass a written and oral examination concerning

8-10 his knowledge of the practice of counseling alcohol and drug abusers,

8-11 the provisions of this chapter and any regulations adopted by the board

8-12 pursuant to the provisions of this chapter.

8-13 2. The board shall:

8-14 (a) Examine applicants at least two times each year.

8-15 (b) Establish the time and place for the examinations.

8-16 (c) Provide such books and forms as may be necessary to conduct the

8-17 examinations.

8-18 (d) Establish, by regulation, the requirements for passing the

8-19 examination.

8-20 3. The board may employ other persons to conduct the examinations.

8-21 Sec. 30. 1. The board may hold hearings and conduct

8-22 investigations concerning any matter related to an application for a

8-23 license. In those hearings and investigations, the board may require the

8-24 presentation of evidence.

8-25 2. The board may refuse to issue a license to an applicant if the

8-26 board determines that the applicant:

8-27 (a) Is not of good moral character as it relates to the practice of

8-28 counseling alcohol and drug abusers;

8-29 (b) Has submitted a false credential to the board;

8-30 (c) Has been disciplined in another state, a possession or territory of

8-31 the United States or the District of Columbia in connection with the

8-32 practice of counseling alcohol and drug abusers;

8-33 (d) Has committed an act in another state, a possession or territory of

8-34 the United States or the District of Columbia in connection with the

8-35 practice of counseling alcohol and drug abusers that would be a violation

8-36 of the provisions of this chapter if the act were committed in this state; or

8-37 (e) Has failed to comply with any of the requirements for a license.

8-38 Sec. 31. The board shall issue a license without examination to a

8-39 person who holds a license as an alcohol and drug abuse counselor in

8-40 another state, a territory or possession of the United States or the District

8-41 of Columbia and the licensing requirements of that jurisdiction at the

8-42 time the license was issued are deemed by the board to be substantially

8-43 equivalent to the requirements set forth in the provisions of this chapter.

9-1 Sec. 32. 1. The board may issue a provisional license as an alcohol

9-2 and drug abuse counselor to a person who has applied to the board to

9-3 take the examination for a license as an alcohol and drug abuse

9-4 counselor and is otherwise eligible for that license pursuant to section 26

9-5 of this act.

9-6 2. A provisional license is valid for not more than 1 year and may not

9-7 be renewed.

9-8 Sec. 33. Except as otherwise provided in section 32 of this act, a

9-9 licensee may renew his license by submitting to the board:

9-10 1. An application for the renewal of his license;

9-11 2. The fee for the renewal of a license prescribed in section 35 of this

9-12 act;

9-13 3. Evidence of his completion of the continuing education required

9-14 by the board;

9-15 4. If the licensee is an alcohol and drug abuse counselor intern, the

9-16 name of the alcohol and drug abuse counselor who supervises him; and

9-17 5. The statement required pursuant to section 25 of this act.

9-18 Sec. 34. 1. A license that is not renewed on or before the date on

9-19 which it expires is delinquent. The board shall, within 30 days after the

9-20 license becomes delinquent, send a notice to the licensee by certified

9-21 mail, return receipt requested, to the address of the licensee as indicated

9-22 in the records of the board.

9-23 2. A licensee may renew a delinquent license within 60 days after the

9-24 license becomes delinquent by complying with the requirements of

9-25 section 33 of this act and paying, in addition to the fee for the renewal of

9-26 the license, the fee for the renewal of a delinquent license prescribed in

9-27 section 35 of this act.

9-28 3. A license expires 60 days after it becomes delinquent if it is not

9-29 renewed by the licensee within that period.

9-30 4. A license that has expired may be restored if the applicant:

9-31 (a) Submits to the board an application to restore the license;

9-32 (b) Submits to the board the statement required pursuant to section 25

9-33 of this act;

9-34 (c) Pays the renewal fees for the period during which the license was

9-35 expired and the fee for the restoration of a license prescribed in section

9-36 35 of this act;

9-37 (d) Passes the oral and written examinations prescribed by the board;

9-38 and

9-39 (e) Submits to the board evidence of his completion of the continuing

9-40 education required by the board.

10-1 Sec. 35. 1. The board shall charge and collect not more than the

10-2 following fees:

10-3 For the initial application for a license $60

10-4 For a provisional license 125

10-5 For an initial license 150

10-6 For renewal of a license as an alcohol and drug

10-7 abuse counselor 300

10-8 For renewal of a license as an alcohol and drug

10-9 abuse counselor intern 75

10-10 For the renewal of a delinquent license 75

10-11 For the restoration of an expired license 150

10-12 For the restoration of a suspended or revoked license 300

10-13 For a license without examination 150

10-14 For an examination 150

10-15 2. The fees charged and collected pursuant to this section are not

10-16 refundable.

10-17 Sec. 36. The grounds for initiating disciplinary action pursuant to

10-41 set forth in the regulations of the board.

11-1 Sec. 37. 1. The board or any of its members who become aware of

11-8 2. As soon as practicable after the filing of the complaint, the board

11-43 of reinstatement of the license.

12-1 Sec. 38. A person who violates any of the provisions of this chapter

12-2 is guilty of a misdemeanor.

12-3 Sec. 39. The board shall adopt regulations that prescribe:

12-4 1. The ethical standards for licensed alcohol and drug abuse

12-5 counselors and licensed alcohol and drug abuse counselor interns; and

12-6 2. The requirements for continuing education for the renewal or

12-7 reinstatement of a license.

12-8 Sec. 40. 1. A person shall not:

12-26 misdemeanor.

12-27 Sec. 41. NRS 641.029 is hereby amended to read as follows:

12-28 641.029 [This chapter does] The provisions of this chapter do not

12-43 sections 2 to 40, inclusive, of this act; or

13-1 7. Any clergyman,

13-2 if such a person does not commit an act described in NRS 641.440 or

13-3 represent himself as a psychologist.

13-4 Sec. 42. NRS 641B.040 is hereby amended to read as follows:

13-5 641B.040 [This chapter does] The provisions of this chapter do not

13-32 or any other title which clearly indicates his training status.

13-33 Sec. 43. NRS 62.2275 is hereby amended to read as follows:

13-34 62.2275 1. If a child within the jurisdiction of the juvenile court is

13-43 other drugs.

14-1 2. The evaluation of a child pursuant to this section:

14-2 (a) Must be conducted by:

14-3 (1) [A counselor certified] An alcohol and drug abuse counselor

14-4 who is licensed to make that classification by the [bureau of alcohol and

14-5 drug abuse;] board of examiners for alcohol and drug abuse counselors;

14-6 or

14-7 (2) A physician who is certified to make that classification by the

14-8 board of medical examiners , [; or

14-9 (3) A person who is approved to make that classification by the

14-10 bureau of alcohol and drug abuse,]

14-11 who shall report to the judge the results of the evaluation and make a

14-12 recommendation to the judge concerning the length and type of treatment

14-13 required by the child.

14-14 (b) May be conducted at an evaluation center.

14-15 3. The judge shall:

14-16 (a) Order the child to undergo a program of treatment as recommended

14-17 by the person who conducted the evaluation pursuant to subsection 2.

14-18 (b) Require the treatment facility to submit monthly reports on the

14-19 treatment of the child pursuant to this section.

14-20 (c) Order the child, if he is at least 18 years of age or an emancipated

14-21 minor, or the parent or legal guardian of the child, to the extent of the

14-22 financial resources of the child or his parent or legal guardian, to pay any

14-23 charges relating to the evaluation and treatment of the child pursuant to this

14-24 section. If the child, or his parent or legal guardian, does not have the

14-25 financial resources to pay all [of] those charges:

14-26 (1) The judge shall, to the extent possible, arrange for the child to

14-27 receive treatment from a treatment facility which receives a sufficient

14-28 amount of federal or state money to offset the remainder of the costs; and

14-29 (2) The judge may order the child to perform supervised work for the

14-30 benefit of the community in lieu of paying the charges relating to his

14-31 evaluation and treatment. The work must be performed for and under the

14-32 supervising authority of a county, city, town or other political subdivision

14-33 or agency of the State of Nevada or a charitable organization that renders

14-34 service to the community or its residents. The court may require the child

14-35 or his parent or legal guardian to deposit with the court a reasonable sum of

14-36 money to pay for the cost of policies of insurance against liability for

14-37 personal injury and damage to property or for industrial insurance, or both,

14-38 during those periods in which the child performs the work, unless, in the

14-39 case of industrial insurance, it is provided by the authority for which he

14-40 performs the work.

14-41 4. A treatment facility is not liable for any damages to person or

14-42 property caused by a child who drives while under the influence of an

14-43 intoxicating liquor or a controlled substance after the treatment facility has

15-1 certified to his successful completion of a program of treatment ordered

15-2 pursuant to this section.

15-3 5. The provisions of this section do not prohibit a judge from:

15-4 (a) Requiring an evaluation to be conducted by a person who is

15-5 employed by a private company if the company meets the standards of the

15-6 bureau of alcohol and drug abuse. [Such an] The evaluation may be

15-7 conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

15-8 (b) Ordering the child to attend a program of treatment which is

15-9 administered by a private company.

15-10 6. All information relating to the evaluation or treatment of a child

15-11 pursuant to this section is confidential and, except as otherwise authorized

15-12 by the provisions of this chapter or the juvenile court, must not be disclosed

15-13 to any person other than the juvenile court, the child and his attorney, if

15-14 any, his parents or guardian, the prosecuting attorney and any other person

15-15 for whom the communication of that information is necessary to effectuate

15-16 the evaluation or treatment of the child. A record of any finding that a child

15-17 has violated the provisions of NRS 484.379 or 484.3795 must be included

15-18 in the driver’s record of that child for 7 years after the date of the offense.

15-19 7. As used in this section:

15-20 (a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and

15-21 drug abuse in the rehabilitation division of the department of employment,

15-22 training and rehabilitation.

15-23 (b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.

15-24 (c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.

15-25 Sec. 44. NRS 209.448 is hereby amended to read as follows:

15-26 209.448 1. An offender who has no serious infraction of the

15-38 sentenced on or after October 1, 1991.

15-39 Sec. 45. NRS 211.340 is hereby amended to read as follows:

15-40 211.340 1. In addition to the credits on a term of imprisonment

15-42 county or the chief of police of the municipality in which a prisoner is

16-1 incarcerated may deduct not more than 5 days from his term of

16-2 imprisonment if the prisoner:

16-3 (a) Successfully completes a program of treatment for the abuse of

16-4 alcohol or drugs which is conducted jointly by the local detention facility in

16-5 which he is incarcerated and a person [certified as a counselor by the

16-6 bureau of alcohol and drug abuse of the rehabilitation division of the

16-7 department of employment, training and rehabilitation;] who is licensed as

16-8 an alcohol and drug abuse counselor by the board of examiners for

16-9 alcohol and drug abuse counselors; and

16-10 (b) Is awarded a certificate evidencing his successful completion of the

16-11 program.

16-12 2. The provisions of this section apply to any prisoner who is sentenced

16-13 on or after October 1, 1991, to a term of imprisonment of 90 days or more.

16-14 Sec. 46. NRS 218.825 is hereby amended to read as follows:

16-15 218.825 1. Each of the boards and commissions created by the

16-32 also determine who is to pay the cost of the audit.

16-33 Sec. 47. NRS 232.920 is hereby amended to read as follows:

16-34 232.920 The director:

16-43 divisions to share information in their records with agencies of local

17-1 governments which are responsible for the collection of debts or

17-2 obligations if the confidentiality of the information is otherwise maintained

17-3 under the terms and conditions required by law.

17-4 2. Is responsible for the administration, through the divisions of the

17-5 department, of the provisions of NRS 458.010 to [458.360,] 458.350,

17-6 inclusive, chapters 426, 426A, 612 and 615 of NRS, and all other

17-7 provisions of law relating to the functions of the department and its

17-8 divisions, but is not responsible for the professional line activities of the

17-9 divisions or other operating units except as specifically provided by law.

17-10 3. Is responsible for the preparation of a consolidated state plan for the

17-11 bureau of services to the blind and visually impaired, the bureau of

17-12 vocational rehabilitation and any other program administered by the

17-13 rehabilitation division which he considers appropriate to incorporate into

17-14 the consolidated state plan before submission to the Federal Government.

17-15 This subsection does not apply if any federal regulation exists which

17-16 prohibits a consolidated plan.

17-17 4. In developing and revising state plans pursuant to subsection 3, shall

17-18 consider, among other things, the amount of money available from the

17-19 Federal Government for the programs of the division and the conditions

17-20 attached to the acceptance of that money, and the limitations of legislative

17-21 appropriations for the programs.

17-22 5. May employ, within the limits of legislative appropriations, such

17-23 staff as is necessary to the performance of the duties of the department.

17-24 Sec. 48. NRS 284.013 is hereby amended to read as follows:

17-25 284.013 1. Except as otherwise provided in subsection 4, this chapter

17-43 prescribed pursuant to subsection 2 must not be of lesser duration than

18-1 those provided for other state officers and employees pursuant to the

18-2 provisions of this chapter. The provisions of this subsection do not govern

18-3 the legislative commission with respect to the personnel of the legislative

18-4 counsel bureau.

18-5 4. Any board, commission, committee or council created in chapters

18-6 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and

18-7 656 of NRS and sections 2 to 40, inclusive, of this act which contracts for

18-8 the services of a person, shall require the contract for those services to be in

18-9 writing. The contract must be approved by the state board of examiners

18-10 before those services may be provided.

18-11 Sec. 49. NRS 353A.010 is hereby amended to read as follows:

18-12 353A.010 As used in this chapter, unless the context otherwise

18-29 encourage adherence to prescribed managerial policies.

18-30 Sec. 50. NRS 458.010 is hereby amended to read as follows:

18-31 458.010 As used in NRS 458.010 to [458.360,] 458.350, inclusive,

18-43 rehabilitation division of the department.

19-1 5. "Chief" means the chief of the bureau.

19-2 6. "Civil protective custody" means a custodial placement of a person

19-3 for the purpose of protecting his health or safety. Civil protective custody

19-4 does not have any criminal implication.

19-5 7. "Department" means the department of employment, training and

19-6 rehabilitation.

19-7 8. "Director" means the director of the department.

19-8 9. "Facility" means a physical structure used for the education,

19-9 prevention and treatment, including mental and physical restoration, of

19-10 alcohol and drug abusers.

19-11 Sec. 51. NRS 458.025 is hereby amended to read as follows:

19-12 458.025 The bureau of alcohol and drug abuse is hereby created in the

19-43 personnel] or programs which are not certified are ineligible to receive

20-1 state and federal money for alcohol and drug abuse programs. The chief

20-2 [shall establish requirements for continuing education for persons certified

20-3 as counselors and administrators of the programs and] may set fees for

20-4 certification of facilities [, programs or personnel.] or programs. The fees

20-5 must be calculated to produce the revenue estimated to cover the costs

20-6 related to the certifications . [, but in no case may the fee for a certificate

20-7 exceed $100.]

20-8 4. Upon request from a facility which is self-supported, may certify the

20-9 facility [, its programs and personnel] and its programs and add them to

20-10 the list of certified facilities [, programs and personnel.] and programs.

20-11 Sec. 52. NRS 458.031 is hereby amended to read as follows:

20-12 458.031 The department shall administer the provisions of NRS

20-14 Nevada for that purpose.

20-15 Sec. 53. NRS 458.035 is hereby amended to read as follows:

20-16 458.035 The department may contract with any appropriate public or

20-18 provisions of NRS 458.010 to [458.360,] 458.350, inclusive.

20-19 Sec. 54. NRS 458.043 is hereby amended to read as follows:

20-20 458.043 As executive head of the bureau, the chief shall:

20-26 operation of the bureau may require.

20-27 Sec. 55. NRS 458.055 is hereby amended to read as follows:

20-28 458.055 1. To preserve the confidentiality of any information

20-41 NRS 458.010 to [458.360,] 458.350, inclusive, a person shall not disclose,

21-1 use or permit to be disclosed, any confidential information concerning a

21-2 person receiving services pursuant to NRS 458.010 to [458.360,] 458.350,

21-3 inclusive.

21-4 Sec. 56. NRS 458.091 is hereby amended to read as follows:

21-5 458.091 Alcohol and drug abusers must be admitted to public or

21-10 assistance pursuant to NRS 458.010 to [458.360,] 458.350, inclusive.

21-11 Sec. 57. NRS 458.100 is hereby amended to read as follows:

21-12 458.100 1. All gifts or grants of money which the bureau is

21-23 3. All claims must be approved by the chief before they are paid.

21-24 Sec. 58. NRS 458.110 is hereby amended to read as follows:

21-25 458.110 In addition to the activities set forth in NRS 458.025 to

21-27 effectuate the purposes of NRS 458.010 to [458.360,] 458.350, inclusive.

21-28 Sec. 59. NRS 458.115 is hereby amended to read as follows:

21-29 458.115 Money to carry out the provisions of NRS 458.010 to

21-33 before they are paid.

21-34 Sec. 60. NRS 484.37937 is hereby amended to read as follows:

21-35 484.37937 1. Except as otherwise provided in subsection 2, a person

21-43 (1) Counselor or other person certified] :

22-1 (1) An alcohol and drug abuse counselor who is licensed to make

22-2 that diagnosis by the [bureau of alcohol and drug abuse of the rehabilitation

22-3 division of the department of employment, training and rehabilitation; or

22-4 (2) Physician] board of examiners for alcohol and drug abuse

22-5 counselors; or

22-6 (2) A physician who is certified to make that diagnosis by the board

22-7 of medical examiners;

22-8 (b) He agrees to pay the cost of the treatment to the extent of his

22-9 financial resources; and

22-10 (c) He has served or will serve a term of imprisonment in jail of 1 day,

22-11 or has performed or will perform 48 hours of work for the community.

22-12 2. A person may not apply to the court to undergo a program of

22-13 treatment pursuant to subsection 1 if, within the immediately preceding 7

22-14 years, he has been found guilty of:

22-15 (a) A violation of NRS 484.3795;

22-16 (b) A homicide resulting from driving a vehicle while under the

22-17 influence of intoxicating liquor or a controlled substance; or

22-18 (c) A violation of the law of any other jurisdiction which prohibits the

22-19 same or similar conduct as set forth in paragraph (a) or (b).

22-20 3. For the purposes of subsection 1, a violation of the law of any other

22-21 jurisdiction which prohibits the same or similar conduct as NRS 484.379

22-22 constitutes a violation of NRS 484.379.

22-23 4. A prosecuting attorney may, within 10 days after receiving notice of

22-24 an application for treatment pursuant to this section, request a hearing on

22-25 the question of whether the offender is eligible to undergo a program of

22-26 treatment for alcoholism or drug abuse. The court shall order a hearing on

22-27 the application upon the request of the prosecuting attorney or may order a

22-28 hearing on its own motion. The hearing must be limited to the question of

22-29 whether the offender is eligible to undergo such a program of treatment.

22-30 5. At the hearing on the application for treatment, the prosecuting

22-31 attorney may present the court with any relevant evidence on the matter. If

22-32 a hearing is not held, the court shall decide the matter upon affidavits and

22-33 other information before the court.

22-34 6. If the court grants an application for treatment, the court shall:

22-35 (a) Immediately sentence the offender and enter judgment accordingly.

22-36 (b) Suspend the sentence of the offender for not more than 3 years upon

22-37 the condition that the offender be accepted for treatment by a treatment

22-38 facility, that he complete the treatment satisfactorily and that he comply

22-39 with any other condition ordered by the court.

22-40 (c) Advise the offender that:

23-1 (1) If he is accepted for treatment by such a facility, he may be placed

23-2 under the supervision of the facility for a period not to exceed 3 years and

23-3 during treatment he may be confined in an institution or, at the discretion of

23-4 the facility, released for treatment or supervised aftercare in the community.

23-5 (2) If he is not accepted for treatment by such a facility or he fails to

23-6 complete the treatment satisfactorily, he shall serve the sentence imposed

23-7 by the court. Any sentence of imprisonment must be reduced by a time

23-8 equal to that which he served before beginning treatment.

23-9 (3) If he completes the treatment satisfactorily, his sentence will be

23-10 reduced to a term of imprisonment which is no longer than that provided

23-11 for the offense in paragraph (c) of subsection 1 and a fine of not more than

23-12 the minimum fine provided for the offense in NRS 484.3792, but the

23-13 conviction must remain on his record of criminal history.

23-14 7. The court shall administer the program of treatment pursuant to the

23-15 procedures provided in NRS 458.320 and 458.330, except that the court:

23-16 (a) Shall not defer the sentence, set aside the conviction or impose

23-17 conditions upon the election of treatment except as provided in this section.

23-18 (b) May immediately revoke the suspension of sentence for a violation

23-19 of any condition of the suspension.

23-20 8. The court shall notify the department, on a form approved by the

23-21 department, upon granting the application of the offender for treatment and

23-22 his failure to be accepted for or complete treatment.

23-23 Sec. 61. NRS 484.3794 is hereby amended to read as follows:

23-24 484.3794 1. Except as otherwise provided in subsection 2, a person

24-1 (c) He has served or will serve a term of imprisonment in jail of 5 days,

24-2 and if required pursuant to NRS 484.3792, has performed or will perform

24-3 not less than 50 hours, but not more than 100 hours, of work for the

24-4 community.

24-5 2. A person may not apply to the court to undergo a program of

24-6 treatment pursuant to subsection 1 if, within the immediately preceding 7

24-7 years, he has been found guilty of:

24-8 (a) A violation of NRS 484.3795;

24-9 (b) A homicide resulting from driving a vehicle while under the

24-10 influence of intoxicating liquor or a controlled substance; or

24-11 (c) A violation of the law of any other jurisdiction which prohibits the

24-12 same or similar conduct as set forth in paragraph (a) or (b).

24-13 3. For the purposes of subsection 1, a violation of the law of any other

24-14 jurisdiction which prohibits the same or similar conduct as NRS 484.379

24-15 constitutes a violation of NRS 484.379.

24-16 4. A prosecuting attorney may, within 10 days after receiving notice of

24-17 an application for treatment pursuant to this section, request a hearing on

24-18 the matter. The court shall order a hearing on the application upon the

24-19 request of the prosecuting attorney or may order a hearing on its own

24-20 motion.

24-21 5. At the hearing on the application for treatment, the prosecuting

24-22 attorney may present the court with any relevant evidence on the matter. If

24-23 a hearing is not held, the court shall decide the matter upon affidavits and

24-24 other information before the court.

24-25 6. If the court determines that an application for treatment should be

24-26 granted, the court shall:

24-27 (a) Immediately sentence the offender and enter judgment accordingly.

24-28 (b) Suspend the sentence of the offender for not more than 3 years upon

24-29 the condition that the offender be accepted for treatment by a treatment

24-30 facility, that he complete the treatment satisfactorily and that he comply

24-31 with any other condition ordered by the court.

24-32 (c) Advise the offender that:

24-33 (1) If he is accepted for treatment by such a facility, he may be placed

24-34 under the supervision of the facility for a period not to exceed 3 years and

24-35 during treatment he may be confined in an institution or, at the discretion of

24-36 the facility, released for treatment or supervised aftercare in the community.

24-37 (2) If he is not accepted for treatment by such a facility or he fails to

24-38 complete the treatment satisfactorily, he shall serve the sentence imposed

24-39 by the court. Any sentence of imprisonment must be reduced by a time

24-40 equal to that which he served before beginning treatment.

25-1 (3) If he completes the treatment satisfactorily, his sentence will be

25-2 reduced to a term of imprisonment which is no longer than that provided

25-3 for the offense in paragraph (c) of subsection 1 and a fine of not more than

25-4 the minimum provided for the offense in NRS 484.3792, but the conviction

25-5 must remain on his record of criminal history.

25-6 7. The court shall administer the program of treatment pursuant to the

25-7 procedures provided in NRS 458.320 and 458.330, except that the court:

25-8 (a) Shall not defer the sentence, set aside the conviction or impose

25-9 conditions upon the election of treatment except as provided in this section.

25-10 (b) May immediately revoke the suspension of sentence for a violation

25-11 of a condition of the suspension.

25-12 8. The court shall notify the department, on a form approved by the

25-13 department, upon granting the application of the offender for treatment and

25-14 his failure to be accepted for or complete treatment.

25-15 Sec. 62. NRS 484.37943 is hereby amended to read as follows:

25-16 484.37943 1. If a person is found guilty of a first violation, if the