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 10, inclusive, of this act,

1-6 have 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. "Certificate" means a certificate issued to a person who is

1-10 certified as an alcohol and drug abuse counselor or an alcohol and drug

1-11 abuse counselor intern.

1-12 Sec. 5. "Certified counselor" means a person who is certified as an

1-13 alcohol and drug abuse counselor pursuant to the provisions of this

1-14 chapter.

1-15 Sec. 6. "Certified intern" means a person who is certified as an

1-16 alcohol and drug abuse counselor intern pursuant to the provisions of

1-17 this chapter.

2-1 Sec. 7. "Habitual use" means the use of alcohol and drugs that

2-2 endangers the health, safety or welfare of the user or any other person.

2-3 Sec. 8. "License" means a license issued to a person who is licensed

2-4 as an alcohol and drug abuse counselor pursuant to the provisions of this

2-5 chapter.

2-6 Sec. 9. "Licensed counselor" means a person who is licensed as an

2-7 alcohol and drug abuse counselor pursuant to the provisions of this

2-8 chapter.

2-9 Sec. 10. "Practice of counseling alcohol and drug abusers" means

2-10 the application of counseling to reduce or eliminate the habitual use of

2-11 alcohol or other drugs, other than any maintenance dosage of a narcotic

2-12 or habit-forming drug administered pursuant to chapter 453 of NRS.

2-13 Sec. 11. The practice of counseling alcohol and drug abusers is

2-14 hereby declared to be a learned profession, affecting public health, safety

2-15 and welfare and is subject to regulation to protect the public from the

2-16 practice of counseling alcohol and drug abusers by unqualified persons

2-17 and from unprofessional conduct by persons who are licensed or certified

2-18 to engage in the practice of counseling alcohol and drug abusers.

2-19 Sec. 12. A license or certificate issued pursuant to the provisions of

2-20 this chapter is a privilege that may be revoked in accordance with the

2-21 disciplinary procedures set forth in this chapter and in regulations

2-22 adopted by the board pursuant thereto, and no holder of such a license or

2-23 certificate acquires thereby any vested right.

2-24 Sec. 13. The provisions of this chapter do not apply to:

2-25 1. A physician who is licensed pursuant to the provisions of chapter

2-26 630 of NRS;

2-27 2. A registered nurse who is licensed pursuant to the provisions of

2-28 chapter 632 of NRS and is authorized by the state board of nursing to

2-29 engage in the practice of counseling alcohol and drug abusers;

2-30 3. A psychologist who is licensed pursuant to the provisions of

2-31 chapter 641 of NRS;

2-32 4. A marriage and family therapist who is licensed pursuant to the

2-33 provisions of chapter 641A of NRS and is authorized by the board of

2-34 examiners for marriage and family therapists to engage in the practice of

2-35 counseling alcohol and drug abusers; or

2-36 5. A person who is licensed as a social worker pursuant to the

2-37 provisions of chapter 641B of NRS and is authorized by the board of

2-38 examiners for social workers to engage in the practice of counseling

2-39 alcohol and drug abusers.

2-40 Sec. 14. 1. The board of examiners for alcohol and drug abuse

2-41 counselors, consisting of five members appointed by the governor, is

2-42 hereby created.

2-43 2. The board must consist of:

3-1 (a) Three members who are licensed as alcohol and drug abuse

3-2 counselors pursuant to the provisions of this chapter;

3-3 (b) One member who is certified as an alcohol and drug abuse

3-4 counselor pursuant to the provisions of this chapter; and

3-5 (c) One member who is a representative of the general public.

3-6 3. A person may not be appointed to the board unless he is:

3-7 (a) A citizen of the United States or is lawfully entitled to remain and

3-8 work in the United States; and

3-9 (b) A resident of this state.

3-10 4. No member of the board may be held liable in a civil action for

3-11 any act that he performs in good faith in the execution of his duties

3-12 pursuant to the provisions of this chapter.

3-13 Sec. 15. 1. After the initial terms, the members of the board must

3-14 be appointed to terms of 4 years and may not serve more than two

3-15 consecutive terms.

3-16 2. Upon the expiration of his term, a member continues to serve on

3-17 the board until a qualified person has been appointed as his successor.

3-18 3. The governor may, after notice and hearing, remove any member

3-19 of the board for misconduct, incompetence, neglect of duty or any other

3-20 sufficient cause.

3-21 4. The board shall:

3-22 (a) Elect annually from its members a president, vice president and

3-23 secretary-treasurer. If the president, vice president or secretary-treasurer

3-24 is replaced by another person appointed by the governor, the board shall

3-25 elect from its members a replacement for the president, vice president or

3-26 secretary-treasurer.

3-27 (b) Meet not less than twice a year and may meet at other times at the

3-28 call of the president or a majority of its members.

3-29 (c) Not incur any expenses that exceed the money received from time

3-30 to time as fees provided by the provisions of this chapter.

3-31 (d) Prepare and maintain a record of its transactions and proceedings.

3-32 (e) Adopt a seal of which each court of this state shall take judicial

3-33 notice.

3-34 5. A majority of the members of the board constitutes a quorum to

3-35 transact the business of the board.

3-36 Sec. 16. 1. Each member of the board is entitled to receive:

3-37 (a) A salary of not more than $80 per day, as fixed by the board, while

3-38 engaged in the business of the board; and

3-39 (b) A per diem allowance and travel expenses, at a rate fixed by the

3-40 board, while engaged in the business of the board. The rate must not

3-41 exceed the rate provided for officers and employees of this state

3-42 generally.

4-1 2. While engaged in the business of the board, each employee of the

4-2 board is entitled to receive a per diem allowance and travel expenses at a

4-3 rate fixed by the board. The rate must not exceed the rate provided for

4-4 officers and employees of this state generally.

4-5 Sec. 17. The secretary-treasurer of the board shall prepare and

4-6 maintain:

4-7 1. A separate list of the names and addresses of:

4-8 (a) The applicants for a license;

4-9 (b) The applicants for a certificate;

4-10 (c) The licensed counselors;

4-11 (d) The certified counselors; and

4-12 (e) The certified interns.

4-13 2. A record of each examination conducted by the board.

4-14 3. An inventory of:

4-15 (a) The property of the board; and

4-16 (b) The property of this state that is in the possession of the board.

4-17 Sec. 18. The board may:

4-18 1. Maintain offices in as many locations in this state as it considers

4-19 necessary to carry out the provisions of this chapter.

4-20 2. Employ attorneys, investigators and other persons necessary to

4-21 carry out its duties.

4-22 Sec. 19. 1. Except as otherwise provided in subsection 4, all

4-40 of an investigation, or both.

4-41 Sec. 20. Each applicant for a license or certificate must submit to

4-42 the board:

4-43 1. An application on a form provided by the board; and

5-1 2. The application fee prescribed in section 34 of this act.

5-2 Sec. 21. An application for a license or certificate must set forth the

5-3 social security number of the applicant.

5-4 Sec. 22. 1. An applicant for the issuance, renewal, reinstatement

5-5 or restoration of a license or certificate shall submit to the board the

5-6 statement prescribed by the welfare division of the department of human

5-7 resources pursuant to NRS 425.520. The statement must be completed

5-8 and signed by the applicant.

5-9 2. The board shall include the statement required pursuant to

5-10 subsection 1 in:

5-11 (a) The application or any other forms that must be submitted for the

5-12 issuance, renewal, reinstatement or restoration of the license or

5-13 certificate; or

5-14 (b) A separate form prescribed by the board.

5-15 3. A license or certificate may not be issued, renewed, reinstated or

5-16 restored by the board if the applicant:

5-17 (a) Fails to submit the statement required pursuant to subsection 1; or

5-18 (b) Indicates on the statement submitted pursuant to subsection 1 that

5-19 he is subject to a court order for the support of a child and is not in

5-20 compliance with the order or a plan approved by the district attorney or

5-21 other public agency enforcing the order for the repayment of the amount

5-22 owed pursuant to the order.

5-23 4. If an applicant indicates on the statement submitted pursuant to

5-24 subsection 1 that he is subject to a court order for the support of a child

5-25 and is not in compliance with the order or a plan approved by the district

5-26 attorney or other public agency enforcing the order for the repayment of

5-27 the amount owed pursuant to the order, the board shall advise the

5-28 applicant to notify the district attorney or other public agency enforcing

5-29 the order to determine the actions that the applicant may take to satisfy

5-30 the arrearage.

5-31 Sec. 23. The board shall issue a license as an alcohol and drug

5-32 abuse counselor to:

5-33 1. A person who:

5-34 (a) Is not less than 21 years of age;

5-35 (b) Is a citizen of the United States or is lawfully entitled to remain

5-36 and work in the United States;

5-37 (c) Has received a master’s degree or a doctoral degree from an

5-38 accredited college or university in a field of social science approved by

5-39 the board;

5-40 (d) Has completed 4,000 hours of supervised counseling of alcohol

5-41 and drug abusers;

5-42 (e) Passes the written and oral examinations prescribed by the board

5-43 pursuant to section 28 of this act;

6-1 (f) Pays the fees required pursuant to section 34 of this act; and

6-2 (g) Submits the statement required pursuant to section 22 of this act.

6-3 2. A person who:

6-4 (a) Is not less than 21 years of age;

6-5 (b) Is a citizen of the United States or is lawfully entitled to remain

6-6 and work in the United States;

6-7 (c) Is:

6-8 (1) Licensed as a social worker pursuant to chapter 641A of NRS;

6-9 (2) Licensed as a marriage and family therapist pursuant to chapter

6-10 641B of NRS; or

6-11 (3) A registered nurse who is licensed pursuant to chapter 632 of

6-12 NRS and has received a master’s degree or a doctoral degree from an

6-13 accredited college or university;

6-14 (d) Has completed at least 6 months of supervised counseling of

6-15 alcohol and drug abusers approved by the board;

6-16 (e) Passes the written and oral examinations prescribed by the board

6-17 pursuant to section 28 of this act;

6-18 (f) Pays the fees required pursuant to section 34 of this act; and

6-19 (g) Submits the statement required pursuant to section 22 of this act.

6-20 Sec. 24. 1. A license as an alcohol and drug abuse counselor is

6-21 valid for 2 years and may be renewed.

6-22 2. A licensed counselor may:

6-23 (a) Engage in the practice of counseling alcohol and drug abusers;

6-24 (b) Diagnose or classify a person as an alcoholic or abuser of drugs;

6-25 and

6-26 (c) Supervise certified interns.

6-27 Sec. 25. 1. The board shall issue a certificate as an alcohol and

6-28 drug abuse counselor to a person who:

6-29 (a) Is not less than 21 years of age;

6-30 (b) Is a citizen of the United States or is lawfully entitled to remain

6-31 and work in the United States;

6-32 (c) Has received a bachelor’s degree from an accredited college or

6-33 university in a field of social science approved by the board;

6-34 (d) Has completed 4,000 hours of supervised counseling of alcohol

6-35 and drug abusers;

6-36 (e) Passes the written and oral examinations prescribed by the board

6-37 pursuant to section 28 of this act;

6-38 (f) Pays the fees required pursuant to section 34 of this act; and

6-39 (g) Submits the statement required pursuant to section 22 of this act.

6-40 2. A certificate as an alcohol and drug abuse counselor is valid for 2

6-41 years and may be renewed.

6-42 3. A certified alcohol and drug abuse counselor may:

7-1 (a) Engage in the practice of counseling alcohol and drug abusers;

7-2 and

7-3 (b) Diagnose or classify a person as an alcoholic or abuser of drugs.

7-4 Sec. 26. 1. The board shall issue a certificate as an alcohol and

7-5 drug abuse counselor intern to a person who:

7-6 (a) Is not less than 21 years of age;

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

7-8 and work in the United States;

7-9 (c) Has a high school diploma or a general equivalency diploma;

7-10 (d) Pays the fees required pursuant to section 34 of this act;

7-11 (e) Submits proof to the board that he:

7-12 (1) Is enrolled in a program from which he will receive an

7-13 associate’s degree, bachelor’s degree, master’s degree or doctoral degree

7-14 in nursing or in a field of social science approved by the board; or

7-15 (2) Has received an associate’s degree, bachelor’s degree, master’s

7-16 degree or doctoral degree in nursing or in a field of social science

7-17 approved by the board; and

7-18 (f) Submits the statement required pursuant to section 22 of this act.

7-19 2. A certificate as an alcohol and drug abuse counselor intern is

7-20 valid for 1 year and may be renewed.

7-21 3. A certified intern may, under the supervision of a licensed

7-22 counselor:

7-23 (a) Engage in the practice of counseling alcohol and drug abusers;

7-24 and

7-25 (b) Diagnose or classify a person as an alcoholic or drug abuser.

7-26 Sec. 27. 1. Except as otherwise provided in subsection 2, a person

7-27 shall not engage in the practice of counseling alcohol and drug abusers

7-28 unless he is a licensed counselor, certified counselor or certified intern.

7-29 2. A person may engage in the practice of counseling alcohol and

7-30 drug abusers under the supervision of a licensed counselor for not more

7-31 than 30 days if that person:

7-32 (a) Is qualified to be licensed or certified as an alcohol and drug

7-33 abuse counselor or certified as an alcohol and drug abuse counselor

7-34 intern pursuant to the provisions of this chapter; and

7-35 (b) Submits an application to the board for a license or certificate as

7-36 an alcohol and drug abuse counselor or a certificate as an alcohol and

7-37 drug abuse counselor intern pursuant to the provisions of this chapter.

7-38 Sec. 28. 1. Each applicant for a license or certificate as an alcohol

7-39 and drug abuse counselor must pass a written and oral examination

7-40 concerning his knowledge of the practice of counseling alcohol and drug

7-41 abusers, the provisions of this chapter and any regulations adopted by the

7-42 board pursuant to the provisions of this chapter.

7-43 2. The board shall:

8-1 (a) Examine applicants at least two times each year.

8-2 (b) Establish the time and place for the examinations.

8-3 (c) Provide such books and forms as may be necessary to conduct the

8-4 examinations.

8-5 (d) Establish, by regulation, the requirements for passing the

8-6 examination.

8-7 3. The board may employ other persons to conduct the examinations.

8-8 Sec. 29. 1. The board may hold hearings and conduct

8-9 investigations concerning any matter related to an application for a

8-10 license or certificate. In the hearings and investigations, the board may

8-11 require the presentation of evidence.

8-12 2. The board may refuse to issue a license or certificate to an

8-13 applicant if the board determines that the applicant:

8-14 (a) Is not of good moral character as it relates to the practice of

8-15 counseling alcohol and drug abusers;

8-16 (b) Has submitted a false credential to the board;

8-17 (c) Has been disciplined in another state, a possession or territory of

8-18 the United States or the District of Columbia in connection with the

8-19 practice of counseling alcohol and drug abusers;

8-20 (d) Has committed an act in another state, a possession or territory of

8-21 the United States or the District of Columbia in connection with the

8-22 practice of counseling alcohol and drug abusers that would be a violation

8-23 of the provisions of this chapter if the act were committed in this state; or

8-24 (e) Has failed to comply with any of the requirements for a license or

8-25 certificate.

8-26 Sec. 30. The board shall issue a license or certificate without

8-27 examination to a person who holds a license or certificate as an alcohol

8-28 and drug abuse counselor in another state, a territory or possession of

8-29 the United States or the District of Columbia if the requirements of that

8-30 jurisdiction at the time the license or certificate was issued are deemed by

8-31 the board to be substantially equivalent to the requirements set forth in

8-32 the provisions of this chapter.

8-33 Sec. 31. 1. The board may issue a provisional license or certificate

8-34 as an alcohol and drug abuse counselor to a person who has applied to

8-35 the board to take the examination for a license or certificate as an

8-36 alcohol and drug abuse counselor and is otherwise eligible for that

8-37 license or certificate pursuant to section 23 or 25 of this act.

8-38 2. A provisional license or certificate is valid for not more than 1

8-39 year and may not be renewed.

8-40 Sec. 32. Except as otherwise provided in section 31 of this act, a

8-41 person may renew his license or certificate by submitting to the board:

8-42 1. An application for the renewal of his license or certificate;

9-1 2. The fee for the renewal of a license or certificate prescribed in

9-2 section 34 of this act;

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

9-4 by the board;

9-5 4. If the applicant is a certified intern, the name of the licensed

9-6 counselor who supervises him; and

9-7 5. The statement required pursuant to section 22 of this act.

9-8 Sec. 33. 1. A license or certificate that is not renewed on or before

9-9 the date on which it expires is delinquent. The board shall, within 30

9-10 days after the license or certificate becomes delinquent, send a notice to

9-11 the licensed or certified counselor or certified intern by certified mail,

9-12 return receipt requested, to the address of the counselor or intern as

9-13 indicated in the records of the board.

9-14 2. A licensed or certified counselor or certified intern may renew a

9-15 delinquent license or certificate within 60 days after the license or

9-16 certificate becomes delinquent by complying with the requirements of

9-17 section 32 of this act and paying, in addition to the fee for the renewal of

9-18 the license or certificate, the fee for the renewal of a delinquent license

9-19 or certificate prescribed in section 34 of this act.

9-20 3. A license or certificate expires 60 days after it becomes delinquent

9-21 if it is not renewed within that period.

9-22 4. A license or certificate that has expired may be restored if the

9-23 applicant:

9-24 (a) Submits to the board an application to restore the license or

9-25 certificate;

9-26 (b) Submits to the board the statement required pursuant to section 22

9-27 of this act;

9-28 (c) Pays the renewal fees for the period during which the license or

9-29 certificate was expired and the fee for the restoration of a license or

9-30 certificate prescribed in section 34 of this act;

9-31 (d) Passes the oral and written examinations prescribed by the board;

9-32 and

9-33 (e) Submits to the board evidence of his completion of the continuing

9-34 education required by the board.

9-35 Sec. 34. 1. The board shall charge and collect not more than the

9-36 following fees:

9-37 For the initial application for a license or certificate $150

9-38 For the issuance of a provisional license or certificate 125

9-39 For the issuance of an initial license or certificate 60

9-40 For the renewal of a license or certificate as an alcohol

9-41 and drug abuse counselor 300

10-1 For the renewal of a certificate as an alcohol and drug

10-2 abuse counselor intern $75

10-3 For the renewal of a delinquent license or certificate 75

10-4 For the restoration of an expired license or certificate 150

10-5 For the restoration of a suspended or revoked license or

10-6 certificate 300

10-7 For the issuance of a license or certificate without

10-8 examination 150

10-9 For an examination 150

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

10-11 refundable.

10-12 Sec. 35. The grounds for initiating disciplinary action pursuant to

10-34 with an expired, suspended or revoked license or certificate; and

10-35 7. Engaging in behavior that is contrary to the ethical standards as

10-36 set forth in the regulations of the board.

10-37 Sec. 36. 1. The board or any of its members who become aware of

10-41 specifying the relevant facts with the board. The complaint must

11-1 specifically charge one or more of the grounds for initiating disciplinary

11-2 action.

11-3 2. As soon as practicable after the filing of the complaint, the board

11-9 attached to the notice.

11-10 3. The failure of the licensed or certified counselor or certified intern

11-11 to appear at the hearing does not delay or void the proceeding.

11-12 4. The board may, for good cause, continue a hearing from time to

11-13 time.

11-14 5. If, after notice and a hearing, the board determines that the

11-15 licensed or certified counselor or certified intern has violated a provision

11-16 of this chapter or any regulation adopted pursuant to this chapter, it

11-17 may:

11-18 (a) Administer a public or private reprimand;

11-19 (b) Suspend his license or certificate and impose conditions for the

11-20 removal of the suspension;

11-21 (c) Revoke his license or certificate and prescribe the requirements for

11-22 the reinstatement of the license or certificate;

11-23 (d) If he is a licensed or certified counselor, require him to be

11-24 supervised by another person while he engages in the practice of

11-25 counseling alcohol and drug abusers;

11-26 (e) Require him to participate in treatment or counseling and pay the

11-27 expenses of that treatment or counseling;

11-28 (f) Require him to pay restitution to any person adversely affected by

11-29 his acts or omissions;

11-30 (g) Impose a fine of not more than $5,000;

11-31 (h) Require him to pay the costs of the board for the investigation and

11-32 hearing; or

11-33 (i) Take any combination of the actions authorized by paragraphs (a)

11-34 to (h), inclusive.

11-35 6. If his license or certificate is revoked or suspended pursuant to

11-36 subsection 5, the licensed or certified counselor or certified intern may

11-37 apply to the board for a rehearing within 10 days after the license or

11-38 certificate is revoked or suspended. The licensed or certified counselor or

11-39 certified intern may apply to the board for reinstatement of his revoked

11-40 license or certificate not earlier than 1 year after the license or certificate

11-41 is revoked. The board may accept or reject the application and may

11-42 require the successful completion of an examination as a condition of

11-43 reinstatement of the license or certificate.

12-1 Sec. 37. A person who violates any of the provisions of this chapter

12-2 is guilty of a misdemeanor.

12-3 Sec. 38. The board shall adopt such regulations as are necessary to

12-4 carry out the provisions of this chapter, including, without limitation,

12-5 regulations that prescribe:

12-6 1. The ethical standards for licensed and certified counselors and

12-7 certified interns; and

12-8 2. The requirements for continuing education for the renewal or

12-9 reinstatement of a license or certificate.

12-10 Sec. 39. 1. Any records or information obtained during the course

12-43 propounded to him in the course of the hearing; and

13-1 (d) The board therefore requests an order of the court compelling the

13-2 witness to attend and testify or produce the books and papers before the

13-3 board.

13-4 4. The court, upon such a petition, shall enter an order directing the

13-5 witness to appear before the court at a time and place fixed by the court

13-6 in the order, and to show cause why he has not attended or testified or

13-7 produced the books or papers before the board. The time may not be

13-8 more than 10 days after the date of the order. A certified copy of the

13-9 order must be served upon the witness.

13-10 5. If the court determines that the subpoena was regularly issued by

13-11 the board, the court shall enter an order that the witness appear before

13-12 the board at the time and place fixed in the order, and testify or produce

13-13 the required books or papers. The failure to obey the order is a contempt

13-14 of the court that issued it.

13-15 Sec. 41. Each witness who appears by an order of the board is

13-16 entitled to receive for his attendance the same fees and mileage allowed

13-17 by law to a witness in a civil case. The amount must be paid by the party

13-18 who requested the subpoena. If a witness who has not been required to

13-19 attend at the request of any party is subpoenaed by the board, his fees

13-20 and mileage must be paid from the money of the board.

13-21 Sec. 42. 1. The board may, in any hearing before it, cause the

13-22 deposition of witnesses to be taken in the manner prescribed for

13-23 depositions in civil actions in this state.

13-24 2. The district court in and for the county in which a hearing is held

13-25 shall, upon the application of the board, issue a commission to another

13-26 state for the taking of evidence in that state for use in a proceeding

13-27 before the board.

13-28 Sec. 43. 1. If the board receives a copy of a court order issued

13-42 pursuant to NRS 425.560.

14-1 Sec. 44. 1. A person shall not:

14-2 (a) Hold himself out to the member of the general public as an

14-3 alcohol and drug abuse counselor or alcohol and drug abuse counselor

14-4 intern;

14-5 (b) Use the title "alcohol and drug abuse counselor," "alcohol and

14-6 drug abuse counselor intern," "drug abuse counselor," "substance abuse

14-7 counselor" or any similar title in connection with his work; or

14-8 (c) Imply in any way that he is licensed or certified by the board,

14-9 unless he is licensed or certified by the board pursuant to the provisions

14-10 of this chapter.

14-11 2. If the board believes that any person has violated or is about to

14-12 violate the provisions of subsection 1, it may bring an action in a court of

14-13 competent jurisdiction to enjoin that person from engaging in or

14-14 continuing the violation. An injunction:

14-15 (a) May be issued without proof of actual damage sustained by any

14-16 person.

14-17 (b) Does not prevent the criminal prosecution and punishment of a

14-18 person who violates the provisions of subsection 1.

14-19 Sec. 45. NRS 632.120 is hereby amended to read as follows:

14-20 632.120 1. The board shall:

14-43 for:

15-1 (a) Investigating licensees and applicants for a license under this

15-2 chapter;

15-3 (b) Evaluating the professional competence of licensees;

15-4 (c) Conducting hearings pursuant to this chapter;

15-5 (d) Duplicating and verifying records of the board; and

15-6 (e) Surveying, evaluating and accrediting schools of practical nursing,

15-7 and schools and courses of professional nursing,

15-8 and collect the fees established pursuant to this subsection.

15-9 4. The board may adopt such regulations, not inconsistent with state or

15-10 federal law, as may be necessary to carry out the provisions of this chapter

15-11 relating to nursing assistant trainees and nursing assistants.

15-12 5. The board may adopt such other regulations, not inconsistent with

15-13 law, as are necessary to enable it to administer the provisions of this

15-14 chapter.

15-15 Sec. 46. NRS 641.029 is hereby amended to read as follows:

15-16 641.029 [This chapter does] The provisions of this chapter do not

15-34 represent himself as a psychologist.

15-35 Sec. 47. NRS 641A.180 is hereby amended to read as follows:

15-36 641A.180 The board shall:

15-43 study for the preparation of marriage and family therapy which are

16-1 sufficient for the purposes of licensing. Published lists of educational

16-2 institutions accredited by recognized accrediting organizations may be used

16-3 in the evaluation of such courses of study.

16-4 Sec. 48. NRS 641B.040 is hereby amended to read as follows:

16-5 641B.040 [This chapter does] The provisions of this chapter do not

16-32 or any other title which clearly indicates his training status.

16-33 Sec. 49. NRS 641B.160 is hereby amended to read as follows:

16-34 641B.160 The board shall adopt such regulations as are necessary or

16-35 desirable to enable it to carry out the provisions of this chapter [.] ,

16-36 including regulations prescribing the requirements for the training of

16-37 licensees to engage in the practice of counseling alcohol and drug

16-38 abusers.

16-39 Sec. 50. NRS 62.2275 is hereby amended to read as follows:

16-40 62.2275 1. If a child within the jurisdiction of the juvenile court is

16-43 substance in violation of NRS 484.379 or 484.3795;

17-1 (b) Using, possessing, selling or distributing a controlled substance; or

17-2 (c) Purchasing, consuming or possessing an alcoholic beverage in

17-3 violation of NRS 202.020,

17-4 the judge, or his authorized representative, shall require the child to

17-5 undergo an evaluation to determine if the child is an abuser of alcohol or

17-6 other drugs.

17-7 2. The evaluation of a child pursuant to this section:

17-8 (a) Must be conducted by:

17-9 (1) [A counselor certified] An alcohol and drug abuse counselor

17-10 who is licensed or certified or an alcohol and drug abuse counselor

17-11 intern who is certified pursuant to sections 2 to 44, inclusive, of this act

17-12 to make that classification [by the bureau of alcohol and drug abuse;] ; or

17-13 (2) A physician who is certified to make that classification by the

17-14 board of medical examiners , [; or

17-15 (3) A person who is approved to make that classification by the

17-16 bureau of alcohol and drug abuse,]

17-17 who shall report to the judge the results of the evaluation and make a

17-18 recommendation to the judge concerning the length and type of treatment

17-19 required by the child.

17-20 (b) May be conducted at an evaluation center.

17-21 3. The judge shall:

17-22 (a) Order the child to undergo a program of treatment as recommended

17-23 by the person who conducted the evaluation pursuant to subsection 2.

17-24 (b) Require the treatment facility to submit monthly reports on the

17-25 treatment of the child pursuant to this section.

17-26 (c) Order the child, if he is at least 18 years of age or an emancipated

17-27 minor, or the parent or legal guardian of the child, to the extent of the

17-28 financial resources of the child or his parent or legal guardian, to pay any

17-29 charges relating to the evaluation and treatment of the child pursuant to this

17-30 section. If the child, or his parent or legal guardian, does not have the

17-31 financial resources to pay all [of] those charges:

17-32 (1) The judge shall, to the extent possible, arrange for the child to

17-33 receive treatment from a treatment facility which receives a sufficient

17-34 amount of federal or state money to offset the remainder of the costs; and

17-35 (2) The judge may order the child to perform supervised work for the

17-36 benefit of the community in lieu of paying the charges relating to his

17-37 evaluation and treatment. The work must be performed for and under the

17-38 supervising authority of a county, city, town or other political subdivision

17-39 or agency of the State of Nevada or a charitable organization that renders

17-40 service to the community or its residents. The court may require the child

17-41 or his parent or legal guardian to deposit with the court a reasonable sum of

17-42 money to pay for the cost of policies of insurance against liability for

17-43 personal injury and damage to property or for industrial insurance, or both,

18-1 during those periods in which the child performs the work, unless, in the

18-2 case of industrial insurance, it is provided by the authority for which he

18-3 performs the work.

18-4 4. A treatment facility is not liable for any damages to person or

18-5 property caused by a child who drives while under the influence of an

18-6 intoxicating liquor or a controlled substance after the treatment facility has

18-7 certified to his successful completion of a program of treatment ordered

18-8 pursuant to this section.

18-9 5. The provisions of this section do not prohibit a judge from:

18-10 (a) Requiring an evaluation to be conducted by a person who is

18-11 employed by a private company if the company meets the standards of the

18-12 bureau of alcohol and drug abuse. [Such an] The evaluation may be

18-13 conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

18-14 (b) Ordering the child to attend a program of treatment which is

18-15 administered by a private company.

18-16 6. All information relating to the evaluation or treatment of a child

18-17 pursuant to this section is confidential and, except as otherwise authorized

18-18 by the provisions of this chapter or the juvenile court, must not be disclosed

18-19 to any person other than the juvenile court, the child and his attorney, if

18-20 any, his parents or guardian, the prosecuting attorney and any other person

18-21 for whom the communication of that information is necessary to effectuate

18-22 the evaluation or treatment of the child. A record of any finding that a child

18-23 has violated the provisions of NRS 484.379 or 484.3795 must be included

18-24 in the driver’s record of that child for 7 years after the date of the offense.

18-25 7. As used in this section:

18-26 (a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and

18-27 drug abuse in the rehabilitation division of the department of employment,

18-28 training and rehabilitation.

18-29 (b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.

18-30 (c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.

18-31 Sec. 51. NRS 209.448 is hereby amended to read as follows:

18-32 209.448 1. An offender who has no serious infraction of the

18-43 inclusive, of this act.

19-1 2. The provisions of this section apply to any offender who is

19-2 sentenced on or after October 1, 1991.

19-3 Sec. 52. NRS 211.340 is hereby amended to read as follows:

19-4 211.340 1. In addition to the credits on a term of imprisonment

19-21 days or more.

19-22 Sec. 53. NRS 218.825 is hereby amended to read as follows:

19-23 218.825 1. Each of the boards and commissions created by the

19-40 also determine who is to pay the cost of the audit.

20-1 Sec. 54. NRS 232.920 is hereby amended to read as follows:

20-2 232.920 The director:

20-34 staff as is necessary to the performance of the duties of the department.

20-35 Sec. 55. NRS 284.013 is hereby amended to read as follows:

20-36 284.013 1. Except as otherwise provided in subsection 4, this chapter

20-42 council created in chapters 590, 623 to 625A, inclusive, 628, 630 to 644,

21-1 inclusive, 648, 652, 654 and 656 of NRS [;] and sections 2 to 44,

21-2 inclusive, of this act; or

21-3 (c) Officers or employees of any agency of the executive department of

21-4 the state government who are exempted by specific statute.

21-5 2. Except as otherwise provided in subsection 3, the terms and

21-6 conditions of employment of all persons referred to in subsection 1,

21-7 including salaries not prescribed by law and leaves of absence, including,

21-8 without limitation, annual leave and sick and disability leave, must be fixed

21-9 by the appointing or employing authority within the limits of legislative

21-10 appropriations or authorizations.

21-11 3. Except as otherwise provided in this subsection, leaves of absence

21-12 prescribed pursuant to subsection 2 must not be of lesser duration than

21-13 those provided for other state officers and employees pursuant to the

21-14 provisions of this chapter. The provisions of this subsection do not govern

21-15 the legislative commission with respect to the personnel of the legislative

21-16 counsel bureau.

21-17 4. Any board, commission, committee or council created in chapters

21-18 590, 623 to 625A, inclusive, 628, 630 to 644, inclusive, 648, 652, 654 and

21-19 656 of NRS and sections 2 to 44, inclusive, of this act which contracts for

21-20 the services of a person, shall require the contract for those services to be in

21-21 writing. The contract must be approved by the state board of examiners

21-22 before those services may be provided.

21-23 Sec. 56. NRS 353A.010 is hereby amended to read as follows:

21-24 353A.010 As used in this chapter, unless the context otherwise

21-41 encourage adherence to prescribed managerial policies.

22-1 Sec. 57. NRS 458.010 is hereby amended to read as follows:

22-2 458.010 As used in NRS 458.010 to [458.360,] 458.350, inclusive,

22-24 alcohol and drug abusers.

22-25 Sec. 58. NRS 458.025 is hereby amended to read as follows:

22-26 458.025 The bureau of alcohol and drug abuse is hereby created in the

22-42 for alcohol and drug abuse programs and the conditions attached to the

23-1 acceptance of the money, and the limitations of legislative appropriations

23-2 for alcohol and drug abuse programs.

23-3 2. [Is responsible for coordinating] Shall coordinate the efforts to

23-4 carry out the state plan and [coordinating] coordinate all state and federal

23-5 financial support of alcohol and drug abuse programs in the state. The

23-6 bureau must be consulted in the planning of projects and advised of all

23-7 applications for grants from within the state which are concerned with

23-8 alcohol and drug abuse programs, and shall review and advise concerning

23-9 the applications.

23-10 3. Shall develop and publish standards of certification and may certify

23-11 or deny certification of any facilities [, programs or personnel] or programs

23-12 on the basis of the standards, and publish a list of certified facilities [,

23-13 programs and personnel.] and programs. Any facilities [, programs or

23-14 personnel] or programs which are not certified are ineligible to receive

23-15 state and federal money for alcohol and drug abuse programs. The chief

23-16 [shall establish requirements for continuing education for persons certified

23-17 as counselors and administrators of the programs and] may set fees for

23-18 certification of facilities [, programs or personnel.] or programs. The fees

23-19 must be calculated to produce the revenue estimated to cover the costs

23-20 related to the certifications . [, but in no case may the fee for a certificate

23-21 exceed $100.]

23-22 4. Upon request from a facility which is self-supported, may certify the

23-23 facility [, its programs and personnel] and its programs and add them to

23-24 the list of certified facilities [, programs and personnel.] and programs.

23-25 Sec. 59. NRS 458.031 is hereby amended to read as follows:

23-26 458.031 The department shall administer the provisions of NRS

23-28 Nevada for that purpose.

23-29 Sec. 60. NRS 458.035 is hereby amended to read as follows:

23-30 458.035 The department may contract with any appropriate public or

23-32 provisions of NRS 458.010 to [458.360,] 458.350, inclusive.

23-33 Sec. 61. NRS 458.043 is hereby amended to read as follows:

23-34 458.043 As executive head of the bureau, the chief shall:

23-40 operation of the bureau may require.

23-41 Sec. 62. NRS 458.055 is hereby amended to read as follows:

23-42 458.055 1. To preserve the confidentiality of any information

23-43 concerning persons applying for or receiving any services pursuant to NRS

24-1 458.010 to [458.360,] 458.350, inclusive, the bureau may establish and

24-2 enforce rules governing the confidential nature, custody, use and

24-3 preservation of the records, files and communications filed with the bureau.

24-4 2. Wherever information concerning persons applying for and

24-5 receiving any services pursuant to NRS 458.010 to [458.360,] 458.350,

24-6 inclusive, is furnished to or held by any other government agency or a

24-7 public or private institution, the use of [such] that information by the

24-8 agency or institution is subject to the rules established by the bureau

24-9 pursuant to subsection 1.

24-10 3. Except as otherwise provided in NRS 449.705 and chapter 629 of

24-11 NRS and except for purposes directly connected with the administration of

24-12 NRS 458.010 to [458.360,] 458.350, inclusive, a person shall not disclose,

24-13 use or permit to be disclosed, any confidential information concerning a

24-14 person receiving services pursuant to NRS 458.010 to [458.360,] 458.350,

24-15 inclusive.

24-16 Sec. 63. NRS 458.091 is hereby amended to read as follows:

24-17 458.091 Alcohol and drug abusers must be admitted to public or

24-22 assistance pursuant to NRS 458.010 to [458.360,] 458.350, inclusive.

24-23 Sec. 64. NRS 458.100 is hereby amended to read as follows:

24-24 458.100 1. All gifts or grants of money which the bureau is