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 nurse who is licensed pursuant to the provisions of chapter 632

2-28 of NRS and is authorized by the state board of nursing to engage in the

2-29 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 clinical social worker pursuant to

2-37 the 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.

3-1 2. The board must consist of:

3-2 (a) Three members who are licensed as alcohol and drug abuse

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

3-4 (b) One member who is certified as an alcohol and drug abuse

3-5 counselor pursuant to the provisions of this chapter; and

3-6 (c) One member who is a representative of the general public.

3-7 3. A person may not be appointed to the board unless he is:

3-8 (a) A citizen of the United States or is lawfully entitled to remain and

3-9 work in the United States; and

3-10 (b) A resident of this state.

3-11 4. No member of the board may be held liable in a civil action for

3-12 any act that he performs in good faith in the execution of his duties

3-13 pursuant to the provisions of this chapter.

3-14 Sec. 15. 1. After the initial terms, the members of the board must

3-15 be appointed to terms of 4 years and may not serve more than two

3-16 consecutive terms.

3-17 2. Upon the expiration of his term, a member continues to serve on

3-18 the board until a qualified person has been appointed as his successor.

3-19 3. The governor may, after notice and hearing, remove any member

3-20 of the board for misconduct, incompetence, neglect of duty or any other

3-21 sufficient cause.

3-22 4. The board shall:

3-23 (a) Elect annually from its members a president, vice president and

3-24 secretary-treasurer. If the president, vice president or secretary-treasurer

3-25 is replaced by another person appointed by the governor, the board shall

3-26 elect from its members a replacement for the president, vice president or

3-27 secretary-treasurer.

3-28 (b) Meet not less than twice a year and may meet at other times at the

3-29 call of the president or a majority of its members.

3-30 (c) Not incur any expenses that exceed the money received from time

3-31 to time as fees provided by the provisions of this chapter.

3-32 (d) Prepare and maintain a record of its transactions and proceedings.

3-33 (e) Adopt a seal of which each court of this state shall take judicial

3-34 notice.

3-35 5. A majority of the members of the board constitutes a quorum to

3-36 transact the business of the board.

3-37 Sec. 16. 1. Each member of the board is entitled to receive:

3-38 (a) A salary of not more than $80 per day, as fixed by the board, while

3-39 engaged in the business of the board; and

3-40 (b) A per diem allowance and travel expenses, at a rate fixed by the

3-41 board, while engaged in the business of the board. The rate must not

3-42 exceed the rate provided for officers and employees of this state

3-43 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:

5-1 1. An application on a form provided by the board; and

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

5-3 Sec. 21. An application for a license or certificate must set forth the

5-4 social security number of the applicant.

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

5-6 or restoration of a license or certificate shall submit to the board the

5-7 statement prescribed by the welfare division of the department of human

5-8 resources pursuant to NRS 425.520. The statement must be completed

5-9 and signed by the applicant.

5-10 2. The board shall include the statement required pursuant to

5-11 subsection 1 in:

5-12 (a) The application or any other forms that must be submitted for the

5-13 issuance, renewal, reinstatement or restoration of the license or

5-14 certificate; or

5-15 (b) A separate form prescribed by the board.

5-16 3. A license or certificate may not be issued, renewed, reinstated or

5-17 restored by the board if the applicant:

5-18 (a) Fails to submit the statement required pursuant to subsection 1; or

5-19 (b) Indicates on the statement submitted pursuant to subsection 1 that

5-20 he is subject to a court order for the support of a child and is not in

5-21 compliance with the order or a plan approved by the district attorney or

5-22 other public agency enforcing the order for the repayment of the amount

5-23 owed pursuant to the order.

5-24 4. If an applicant indicates on the statement submitted pursuant to

5-25 subsection 1 that he is subject to a court order for the support of a child

5-26 and is not in compliance with the order or a plan approved by the district

5-27 attorney or other public agency enforcing the order for the repayment of

5-28 the amount owed pursuant to the order, the board shall advise the

5-29 applicant to notify the district attorney or other public agency enforcing

5-30 the order to determine the actions that the applicant may take to satisfy

5-31 the arrearage.

5-32 Sec. 23. The board shall issue a license as an alcohol and drug

5-33 abuse counselor to:

5-34 1. A person who:

5-35 (a) Is not less than 21 years of age;

5-36 (b) Is a citizen of the United States or is lawfully entitled to remain

5-37 and work in the United States;

5-38 (c) Has received a master’s degree or a doctoral degree from an

5-39 accredited college or university in a field of social science approved by

5-40 the board;

5-41 (d) Has completed 4,000 hours of supervised counseling of alcohol

5-42 and drug abusers;

6-1 (e) Passes the written and oral examinations prescribed by the board

6-2 pursuant to section 28 of this act;

6-3 (f) Pays the fees required pursuant to section 34 of this act; and

6-4 (g) Submits the statement required pursuant to section 22 of this act.

6-5 2. A person who:

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

6-7 (b) Is a citizen of the United States or is lawfully entitled to remain

6-8 and work in the United States;

6-9 (c) Is:

6-10 (1) Licensed as a clinical social worker pursuant to chapter 641B of

6-11 NRS;

6-12 (2) Licensed as a marriage and family therapist pursuant to chapter

6-13 641A of NRS; or

6-14 (3) A nurse who is licensed pursuant to chapter 632 of NRS and has

6-15 received a master’s degree or a doctoral degree from an accredited

6-16 college or university;

6-17 (d) Has completed at least 6 months of supervised counseling of

6-18 alcohol and drug abusers approved by the board;

6-19 (e) Passes the written and oral examinations prescribed by the board

6-20 pursuant to section 28 of this act;

6-21 (f) Pays the fees required pursuant to section 34 of this act; and

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

6-23 Sec. 24. 1. A license as an alcohol and drug abuse counselor is

6-24 valid for 2 years and may be renewed.

6-25 2. A licensed counselor may:

6-26 (a) Engage in the practice of counseling alcohol and drug abusers;

6-27 (b) Diagnose or classify a person as an alcoholic or abuser of drugs;

6-28 and

6-29 (c) Supervise certified interns.

6-30 Sec. 25. 1. The board shall issue a certificate as an alcohol and

6-31 drug abuse counselor to a person who:

6-32 (a) Is not less than 21 years of age;

6-33 (b) Is a citizen of the United States or is lawfully entitled to remain

6-34 and work in the United States;

6-35 (c) Has received a bachelor’s degree from an accredited college or

6-36 university in a field of social science approved by the board;

6-37 (d) Has completed 4,000 hours of supervised counseling of alcohol

6-38 and drug abusers;

6-39 (e) Passes the written and oral examinations prescribed by the board

6-40 pursuant to section 28 of this act;

6-41 (f) Pays the fees required pursuant to section 34 of this act; and

6-42 (g) Submits the statement required pursuant to section 22 of this act.

7-1 2. A certificate as an alcohol and drug abuse counselor is valid for 2

7-2 years and may be renewed.

7-3 3. A certified alcohol and drug abuse counselor may:

7-4 (a) Engage in the practice of counseling alcohol and drug abusers;

7-5 and

7-6 (b) Diagnose or classify a person as an alcoholic or abuser of drugs.

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

7-8 drug abuse counselor intern to a person who:

7-9 (a) Is not less than 21 years of age;

7-10 (b) Is a citizen of the United States or is lawfully entitled to remain

7-11 and work in the United States;

7-12 (c) Has a high school diploma or a general equivalency diploma;

7-13 (d) Pays the fees required pursuant to section 34 of this act;

7-14 (e) Submits proof to the board that he:

7-15 (1) Is enrolled in a program from which he will receive an

7-16 associate’s degree, bachelor’s degree, master’s degree or doctoral degree

7-17 in a field of social science approved by the board; or

7-18 (2) Has received an associate’s degree, bachelor’s degree, master’s

7-19 degree or doctoral degree in a field of social science approved by the

7-20 board; and

7-21 (f) Submits the statement required pursuant to section 22 of this act.

7-22 2. A certificate as an alcohol and drug abuse counselor intern is

7-23 valid for 1 year and may be renewed.

7-24 3. A certified intern may, under the supervision of a licensed

7-25 counselor:

7-26 (a) Engage in the practice of counseling alcohol and drug abusers;

7-27 and

7-28 (b) Diagnose or classify a person as an alcoholic or drug abuser.

7-29 Sec. 27. 1. Except as otherwise provided in subsection 2, a person

7-30 shall not engage in the practice of counseling alcohol and drug abusers

7-31 unless he is a licensed counselor, certified counselor or certified intern.

7-32 2. A person may engage in the practice of counseling alcohol and

7-33 drug abusers under the supervision of a licensed counselor for not more

7-34 than 30 days if that person:

7-35 (a) Is qualified to be licensed or certified as an alcohol and drug

7-36 abuse counselor or certified as an alcohol and drug abuse counselor

7-37 intern pursuant to the provisions of this chapter; and

7-38 (b) Submits an application to the board for a license or certificate as

7-39 an alcohol and drug abuse counselor or a certificate as an alcohol and

7-40 drug abuse counselor intern pursuant to the provisions of this chapter.

7-41 Sec. 28. 1. Each applicant for a license or certificate as an alcohol

7-42 and drug abuse counselor must pass a written and oral examination

7-43 concerning his knowledge of the practice of counseling alcohol and drug

8-1 abusers, the provisions of this chapter and any regulations adopted by the

8-2 board pursuant to the provisions of this chapter.

8-3 2. The board shall:

8-4 (a) Examine applicants at least two times each year.

8-5 (b) Establish the time and place for the examinations.

8-6 (c) Provide such books and forms as may be necessary to conduct the

8-7 examinations.

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

8-9 examination.

8-10 3. The board may employ other persons to conduct the examinations.

8-11 Sec. 29. 1. The board may hold hearings and conduct

8-12 investigations concerning any matter related to an application for a

8-13 license or certificate. In the hearings and investigations, the board may

8-14 require the presentation of evidence.

8-15 2. The board may refuse to issue a license or certificate to an

8-16 applicant if the board determines that the applicant:

8-17 (a) Is not of good moral character as it relates to the practice of

8-18 counseling alcohol and drug abusers;

8-19 (b) Has submitted a false credential to the board;

8-20 (c) Has been disciplined 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;

8-23 (d) Has committed an act in another state, a possession or territory of

8-24 the United States or the District of Columbia in connection with the

8-25 practice of counseling alcohol and drug abusers that would be a violation

8-26 of the provisions of this chapter if the act were committed in this state; or

8-27 (e) Has failed to comply with any of the requirements for a license or

8-28 certificate.

8-29 Sec. 30. The board shall issue a license or certificate without

8-30 examination to a person who holds a license or certificate as an alcohol

8-31 and drug abuse counselor in another state, a territory or possession of

8-32 the United States or the District of Columbia if the requirements of that

8-33 jurisdiction at the time the license or certificate was issued are deemed by

8-34 the board to be substantially equivalent to the requirements set forth in

8-35 the provisions of this chapter.

8-36 Sec. 31. 1. The board may issue a provisional license or certificate

8-37 as an alcohol and drug abuse counselor to a person who has applied to

8-38 the board to take the examination for a license or certificate as an

8-39 alcohol and drug abuse counselor and is otherwise eligible for that

8-40 license or certificate pursuant to section 23 or 25 of this act.

8-41 2. A provisional license or certificate is valid for not more than 1

8-42 year and may not be renewed.

9-1 Sec. 32. Except as otherwise provided in section 31 of this act, a

9-2 person may renew his license or certificate by submitting to the board:

9-3 1. An application for the renewal of his license or certificate;

9-4 2. The fee for the renewal of a license or certificate prescribed in

9-5 section 34 of this act;

9-6 3. Evidence of his completion of the continuing education required

9-7 by the board;

9-8 4. If the applicant is a certified intern, the name of the licensed

9-9 counselor who supervises him; and

9-10 5. The statement required pursuant to section 22 of this act.

9-11 Sec. 33. 1. A license or certificate that is not renewed on or before

9-12 the date on which it expires is delinquent. The board shall, within 30

9-13 days after the license or certificate becomes delinquent, send a notice to

9-14 the licensed or certified counselor or certified intern by certified mail,

9-15 return receipt requested, to the address of the counselor or intern as

9-16 indicated in the records of the board.

9-17 2. A licensed or certified counselor or certified intern may renew a

9-18 delinquent license or certificate within 60 days after the license or

9-19 certificate becomes delinquent by complying with the requirements of

9-20 section 32 of this act and paying, in addition to the fee for the renewal of

9-21 the license or certificate, the fee for the renewal of a delinquent license

9-22 or certificate prescribed in section 34 of this act.

9-23 3. A license or certificate expires 60 days after it becomes delinquent

9-24 if it is not renewed within that period.

9-25 4. A license or certificate that has expired may be restored if the

9-26 applicant:

9-27 (a) Submits to the board an application to restore the license or

9-28 certificate;

9-29 (b) Submits to the board the statement required pursuant to section 22

9-30 of this act;

9-31 (c) Pays the renewal fees for the period during which the license or

9-32 certificate was expired and the fee for the restoration of a license or

9-33 certificate prescribed in section 34 of this act;

9-34 (d) Passes the oral and written examinations prescribed by the board;

9-35 and

9-36 (e) Submits to the board evidence of his completion of the continuing

9-37 education required by the board.

9-38 Sec. 34. 1. The board shall charge and collect not more than the

9-39 following fees:

9-40 For the initial application for a license or certificate $150

9-41 For the issuance of a provisional license or certificate 125

9-42 For the issuance of an initial license or certificate 60

10-1 For the renewal of a license or certificate as an

10-2 alcohol and drug abuse counselor $300

10-3 For the renewal of a certificate as an alcohol and drug

10-4 abuse counselor intern 75

10-5 For the renewal of a delinquent license or certificate 75

10-6 For the restoration of an expired license or certificate 150

10-7 For the restoration of a suspended or revoked license or

10-8 certificate 300

10-9 For the issuance of a license or certificate without

10-10 examination 150

10-11 For an examination 150

10-12 2. The fees charged and collected pursuant to this section are not

10-13 refundable.

10-14 Sec. 35. The grounds for initiating disciplinary action pursuant to

10-36 with an expired, suspended or revoked license or certificate; and

10-37 7. Engaging in behavior that is contrary to the ethical standards as

10-38 set forth in the regulations of the board.

10-39 Sec. 36. 1. The board or any of its members who become aware of

10-42 and any other person who is so aware may, file a written complaint

11-1 specifying the relevant facts with the board. The complaint must

11-2 specifically charge one or more of the grounds for initiating disciplinary

11-3 action.

11-4 2. As soon as practicable after the filing of the complaint, the board

11-10 attached to the notice.

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

11-12 to appear at the hearing does not delay or void the proceeding.

11-13 4. The board may, for good cause, continue a hearing from time to

11-14 time.

11-15 5. If, after notice and a hearing, the board determines that the

11-16 licensed or certified counselor or certified intern has violated a provision

11-17 of this chapter or any regulation adopted pursuant to this chapter, it

11-18 may:

11-19 (a) Administer a public or private reprimand;

11-20 (b) Suspend his license or certificate and impose conditions for the

11-21 removal of the suspension;

11-22 (c) Revoke his license or certificate and prescribe the requirements for

11-23 the reinstatement of the license or certificate;

11-24 (d) If he is a licensed or certified counselor, require him to be

11-25 supervised by another person while he engages in the practice of

11-26 counseling alcohol and drug abusers;

11-27 (e) Require him to participate in treatment or counseling and pay the

11-28 expenses of that treatment or counseling;

11-29 (f) Require him to pay restitution to any person adversely affected by

11-30 his acts or omissions;

11-31 (g) Impose a fine of not more than $5,000;

11-32 (h) Require him to pay the costs of the board for the investigation and

11-33 hearing; or

11-34 (i) Take any combination of the actions authorized by paragraphs (a)

11-35 to (h), inclusive.

11-36 6. If his license or certificate is revoked or suspended pursuant to

11-37 subsection 5, the licensed or certified counselor or certified intern may

11-38 apply to the board for a rehearing within 10 days after the license or

11-39 certificate is revoked or suspended. The licensed or certified counselor or

11-40 certified intern may apply to the board for reinstatement of his revoked

11-41 license or certificate not earlier than 1 year after the license or certificate

11-42 is revoked. The board may accept or reject the application and may

12-1 require the successful completion of an examination as a condition of

12-2 reinstatement of the license or certificate.

12-3 Sec. 37. A person who violates any of the provisions of this chapter

12-4 is guilty of a misdemeanor.

12-5 Sec. 38. The board shall adopt such regulations as are necessary to

12-6 carry out the provisions of this chapter, including, without limitation,

12-7 regulations that prescribe:

12-8 1. The ethical standards for licensed and certified counselors and

12-9 certified interns; and

12-10 2. The requirements for continuing education for the renewal or

12-11 reinstatement of a license or certificate.

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

12-43 papers required by the subpoena before the board in the cause or

13-1 proceeding named in the subpoena, or has refused to answer questions

13-2 propounded to him in the course of the hearing; and

13-3 (d) The board therefore requests an order of the court compelling the

13-4 witness to attend and testify or produce the books and papers before the

13-5 board.

13-6 4. The court, upon such a petition, shall enter an order directing the

13-7 witness to appear before the court at a time and place fixed by the court

13-8 in the order, and to show cause why he has not attended or testified or

13-9 produced the books or papers before the board. The time may not be

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

13-11 order must be served upon the witness.

13-12 5. If the court determines that the subpoena was regularly issued by

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

13-14 the board at the time and place fixed in the order, and testify or produce

13-15 the required books or papers. The failure to obey the order is a contempt

13-16 of the court that issued it.

13-17 Sec. 41. Each witness who appears by an order of the board is

13-18 entitled to receive for his attendance the same fees and mileage allowed

13-19 by law to a witness in a civil case. The amount must be paid by the party

13-20 who requested the subpoena. If a witness who has not been required to

13-21 attend at the request of any party is subpoenaed by the board, his fees

13-22 and mileage must be paid from the money of the board.

13-23 Sec. 42. 1. The board may, in any hearing before it, cause the

13-24 deposition of witnesses to be taken in the manner prescribed for

13-25 depositions in civil actions in this state.

13-26 2. The district court in and for the county in which a hearing is held

13-27 shall, upon the application of the board, issue a commission to another

13-28 state for the taking of evidence in that state for use in a proceeding

13-29 before the board.

13-30 Sec. 43. 1. If the board receives a copy of a court order issued

13-42 pursuant to NRS 425.550 to the person stating that the person has

14-1 complied with the subpoena or warrant or has satisfied the arrearage

14-2 pursuant to NRS 425.560.

14-3 Sec. 44. 1. A person shall not:

14-4 (a) Hold himself out to the member of the general public as an

14-5 alcohol and drug abuse counselor or alcohol and drug abuse counselor

14-6 intern;

14-7 (b) Use the title "alcohol and drug abuse counselor," "alcohol and

14-8 drug abuse counselor intern," "drug abuse counselor," "substance abuse

14-9 counselor" or any similar title in connection with his work; or

14-10 (c) Imply in any way that he is licensed or certified by the board,

14-11 unless he is licensed or certified by the board pursuant to the provisions

14-12 of this chapter.

14-13 2. If the board believes that any person has violated or is about to

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

14-15 competent jurisdiction to enjoin that person from engaging in or

14-16 continuing the violation. An injunction:

14-17 (a) May be issued without proof of actual damage sustained by any

14-18 person.

14-19 (b) Does not prevent the criminal prosecution and punishment of a

14-20 person who violates the provisions of subsection 1.

14-21 Sec. 45. (Deleted by amendment.)

14-22 Sec. 46. NRS 641.029 is hereby amended to read as follows:

14-23 641.029 [This chapter does] The provisions of this chapter do not

14-41 represent himself as a psychologist.

14-42 Sec. 47. (Deleted by amendment.)

15-1 Sec. 48. NRS 641B.040 is hereby amended to read as follows:

15-2 641B.040 [This chapter does] The provisions of this chapter do not

15-29 or any other title which clearly indicates his training status.

15-30 Sec. 49. (Deleted by amendment.)

15-31 Sec. 50. NRS 62.2275 is hereby amended to read as follows:

15-32 62.2275 1. If a child within the jurisdiction of the juvenile court is

15-43 (a) Must be conducted by:

16-1 (1) [A counselor certified] An alcohol and drug abuse counselor

16-2 who is licensed or certified or an alcohol and drug abuse counselor

16-3 intern who is certified pursuant to sections 2 to 44, inclusive, of this act

16-4 to make that classification [by the bureau of alcohol and drug abuse;] ; or

16-5 (2) A physician who is certified to make that classification by the

16-6 board of medical examiners , [; or

16-7 (3) A person who is approved to make that classification by the

16-8 bureau of alcohol and drug abuse,]

16-9 who shall report to the judge the results of the evaluation and make a

16-10 recommendation to the judge concerning the length and type of treatment

16-11 required by the child.

16-12 (b) May be conducted at an evaluation center.

16-13 3. The judge shall:

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

16-15 by the person who conducted the evaluation pursuant to subsection 2.

16-16 (b) Require the treatment facility to submit monthly reports on the

16-17 treatment of the child pursuant to this section.

16-18 (c) Order the child, if he is at least 18 years of age or an emancipated

16-19 minor, or the parent or legal guardian of the child, to the extent of the

16-20 financial resources of the child or his parent or legal guardian, to pay any

16-21 charges relating to the evaluation and treatment of the child pursuant to this

16-22 section. If the child, or his parent or legal guardian, does not have the

16-23 financial resources to pay all [of] those charges:

16-24 (1) The judge shall, to the extent possible, arrange for the child to

16-25 receive treatment from a treatment facility which receives a sufficient

16-26 amount of federal or state money to offset the remainder of the costs; and

16-27 (2) The judge may order the child to perform supervised work for the

16-28 benefit of the community in lieu of paying the charges relating to his

16-29 evaluation and treatment. The work must be performed for and under the

16-30 supervising authority of a county, city, town or other political subdivision

16-31 or agency of the State of Nevada or a charitable organization that renders

16-32 service to the community or its residents. The court may require the child

16-33 or his parent or legal guardian to deposit with the court a reasonable sum of

16-34 money to pay for the cost of policies of insurance against liability for

16-35 personal injury and damage to property or for industrial insurance, or both,

16-36 during those periods in which the child performs the work, unless, in the

16-37 case of industrial insurance, it is provided by the authority for which he

16-38 performs the work.

16-39 4. A treatment facility is not liable for any damages to person or

16-40 property caused by a child who drives while under the influence of an

16-41 intoxicating liquor or a controlled substance after the treatment facility has

16-42 certified to his successful completion of a program of treatment ordered

16-43 pursuant to this section.

17-1 5. The provisions of this section do not prohibit a judge from:

17-2 (a) Requiring an evaluation to be conducted by a person who is

17-3 employed by a private company if the company meets the standards of the

17-4 bureau of alcohol and drug abuse. [Such an] The evaluation may be

17-5 conducted at an evaluation center pursuant to paragraph (b) of subsection 2.

17-6 (b) Ordering the child to attend a program of treatment which is

17-7 administered by a private company.

17-8 6. All information relating to the evaluation or treatment of a child

17-9 pursuant to this section is confidential and, except as otherwise authorized

17-10 by the provisions of this chapter or the juvenile court, must not be disclosed

17-11 to any person other than the juvenile court, the child and his attorney, if

17-12 any, his parents or guardian, the prosecuting attorney and any other person

17-13 for whom the communication of that information is necessary to effectuate

17-14 the evaluation or treatment of the child. A record of any finding that a child

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

17-16 in the driver’s record of that child for 7 years after the date of the offense.

17-17 7. As used in this section:

17-18 (a) "Bureau of alcohol and drug abuse" means the bureau of alcohol and

17-19 drug abuse in the rehabilitation division of the department of employment,

17-20 training and rehabilitation.

17-21 (b) "Evaluation center" has the meaning ascribed to it in NRS 484.3793.

17-22 (c) "Treatment facility" has the meaning ascribed to it in NRS 484.3793.

17-23 Sec. 51. NRS 209.448 is hereby amended to read as follows:

17-24 209.448 1. An offender who has no serious infraction of the

17-37 sentenced on or after October 1, 1991.

17-38 Sec. 52. NRS 211.340 is hereby amended to read as follows:

17-39 211.340 1. In addition to the credits on a term of imprisonment

17-43 imprisonment if the prisoner:

18-1 (a) Successfully completes a program of treatment for the abuse of

18-2 alcohol or drugs which is conducted jointly by the local detention facility in

18-3 which he is incarcerated and a person [certified as a counselor by the

18-4 bureau of alcohol and drug abuse of the rehabilitation division of the

18-5 department of employment, training and rehabilitation;] who is licensed or

18-6 certified as an alcohol and drug abuse counselor or certified as an

18-7 alcohol and drug abuse counselor intern pursuant to sections 2 to 44,

18-8 inclusive, of this act; and

18-9 (b) Is awarded a certificate evidencing his successful completion of the

18-10 program.

18-11 2. The provisions of this section apply to any prisoner who is

18-12 sentenced on or after October 1, 1991, to a term of imprisonment of 90

18-13 days or more.

18-14 Sec. 53. NRS 218.825 is hereby amended to read as follows:

18-15 218.825 1. Each of the boards and commissions created by the

18-32 also determine who is to pay the cost of the audit.

18-33 Sec. 54. NRS 232.920 is hereby amended to read as follows:

18-34 232.920 The director:

18-43 divisions to share information in their records with agencies of local

19-1 governments which are responsible for the collection of debts or

19-2 obligations if the confidentiality of the information is otherwise maintained

19-3 under the terms and conditions required by law.

19-4 2. Is responsible for the administration, through the divisions of the

19-5 department, of the provisions of NRS 458.010 to [458.360,] 458.350,

19-6 inclusive, chapters 426, 426A, 612 and 615 of NRS, and all other

19-7 provisions of law relating to the functions of the department and its

19-8 divisions, but is not responsible for the professional line activities of the

19-9 divisions or other operating units except as otherwise provided by specific

19-10 statute.

19-11 3. May employ, within the limits of legislative appropriations, such

19-12 staff as is necessary [to] for the performance of the duties of the

19-13 department.

19-14 Sec. 55. NRS 284.013 is hereby amended to read as follows:

19-15 284.013 1. Except as otherwise provided in subsection 4, this chapter

19-43 before those services may be provided.

20-1 Sec. 56. NRS 353A.010 is hereby amended to read as follows:

20-2 353A.010 As used in this chapter, unless the context otherwise

20-19 encourage adherence to prescribed managerial policies.

20-20 Sec. 57. NRS 458.010 is hereby amended to read as follows:

20-21 458.010 As used in NRS 458.010 to [458.360,] 458.350, inclusive,

20-43 alcohol and drug abusers.

21-1 Sec. 57.5. NRS 458.010 is hereby amended to read as follows:

21-2 458.010 As used in NRS 458.010 to 458.350, inclusive, and sections 2

21-3 to 8, inclusive, of [this act,] Senate Bill No. 161 of this session, unless the

21-4 context requires otherwise:

21-5 1. "Alcohol and drug abuse program" means a project concerned with

21-6 education, prevention and treatment directed toward achieving the mental

21-7 and physical restoration of alcohol and drug abusers.

21-8 2. "Alcohol and drug abuser" means a person whose consumption of

21-9 alcohol or other drugs, or any combination thereof, interferes with or

21-10 adversely affects his ability to function socially or economically.

21-11 3. "Alcoholic" means any person who habitually uses alcoholic

21-12 beverages to the extent that he endangers the health, safety or welfare of

21-13 himself or any other person or group of persons.

21-14 4. "Bureau" means the bureau of alcohol and drug abuse in the

21-15 rehabilitation division of the department.

21-16 5. "Chief" means the chief of the bureau.

21-17 6. "Civil protective custody" means a custodial placement of a person

21-18 for the purpose of protecting his health or safety. Civil protective custody

21-19 does not have any criminal implication.

21-20 7. "Department" means the department of employment, training and

21-21 rehabilitation.

21-22 8. "Detoxification technician" means a person who is certified by the

21-23 bureau to provide screening for the safe withdrawal from alcohol and

21-24 other drugs.

21-25 9. "Director" means the director of the department.

21-26 [9.] 10. "Facility" means a physical structure used for the education,

21-27 prevention and treatment, including mental and physical restoration, of

21-28 alcohol and drug abusers.

21-29 [10.] 11. "Halfway house for alcohol and drug abusers" means a

21-30 residence that provides housing and a living environment for alcohol and

21-31 drug abusers and is operated to facilitate their reintegration into the

21-32 community, but does not provide treatment for alcohol or drug abuse. The

21-33 term does not include a facility for the treatment of abuse of alcohol or

21-34 drugs as defined in NRS 449.00455.

21-35 Sec. 58. NRS 458.025 is hereby amended to read as follows:

21-36 458.025 The bureau of alcohol and drug abuse is hereby created in the

21-43 and programs throughout the state.

22-1 (b) A plan for programs to educate the public in the problems of the

22-2 abuse of alcohol and other drugs.

22-3 (c) A survey of the need for trained teachers, persons who have

22-4 professional training in fields of health and others involved in the education

22-5 and prevention of alcohol and drug abuse and in the treatment and recovery

22-6 of alcohol and drug abusers, and a plan to provide the necessary treatment.

22-7 In developing and revising the state plan, the bureau shall consider, among

22-8 other things, the amount of money available from the Federal Government

22-9 for alcohol and drug abuse programs and the conditions attached to the

22-10 acceptance of the money, and the limitations of legislative appropriations

22-11 for alcohol and drug abuse programs.

22-12 2. [Is responsible for coordinating] Shall coordinate the efforts to

22-13 carry out the state plan and [coordinating] coordinate all state and federal

22-14 financial support of alcohol and drug abuse programs in the state. The

22-15 bureau must be consulted in the planning of projects and advised of all

22-16 applications for grants from within the state which are concerned with

22-17 alcohol and drug abuse programs, and shall review and advise concerning

22-18 the applications.

22-19 3. Shall develop and publish standards of certification and may certify

22-20 or deny certification of [any] operators of halfway houses for alcohol and

22-21 drug abusers, halfway houses for alcohol and drug abusers,

22-22 detoxification technicians or any facilities [, programs or personnel] or

22-23 programs on the basis of the standards, and publish a list of certified

22-24 operators of halfway houses for alcohol and drug abusers, halfway

22-25 houses for alcohol and drug abusers, detoxification technicians, facilities [,

22-26 programs and personnel. Any facilities, programs or personnel] and

22-27 programs. Any operators of halfway houses for alcohol and drug

22-28 abusers, halfway houses for alcohol and drug abusers, detoxification

22-29 technicians, facilities or programs which are not certified are ineligible to

22-30 receive state and federal money for alcohol and drug abuse programs. The

22-31 chief:

22-32 (a) Shall establish the requirements for continuing education for persons

22-33 certified as [counselors and administrators of the programs;] detoxification

22-34 technicians; and

22-35 (b) May set fees for the certification of operators of halfway houses for

22-36 alcohol and drug abusers, halfway houses for alcohol and drug abusers,

22-37 detoxification technicians, facilities [, programs or personnel.] or

22-38 programs. The fees must be calculated to produce the revenue estimated to

22-39 cover the costs related to the certifications, but in no case may the fee for a

22-40 certificate exceed the actual cost to the bureau of issuing the certificate.

22-41 4. Upon request from a facility which is self-supported, may certify the

22-42 facility, its programs and [personnel] detoxification technicians and add

23-1 them to the list [of certified facilities, programs and personnel.] described

23-2 in subsection 3.

23-3 Sec. 58.2. NRS 458.026 is hereby amended to read as follows:

23-4 458.026 1. An applicant for the issuance or renewal of his

23-5 certification as [personnel of an alcohol or drug abuse program or a

23-6 facility,] a detoxification technician or as the operator of a halfway house

23-7 for alcohol and drug abusers [,] shall submit to the bureau the statement

23-8 prescribed by the welfare division of the department of human resources

23-9 pursuant to NRS 425.520. The statement must be completed and signed by

23-10 the applicant.

23-11 2. The bureau shall include the statement required pursuant to

23-12 subsection 1 in:

23-13 (a) The application or any other forms that must be submitted for the

23-14 issuance or renewal of the certification; or

23-15 (b) A separate form prescribed by the bureau.

23-16 3. The certification of a person as [personnel of an alcohol or drug

23-17 abuse program or a facility,] a detoxification technician or as the operator

23-18 of a halfway house for alcohol and drug abusers [,] may not be issued or

23-19 renewed by the bureau if the applicant:

23-20 (a) Fails to complete or submit the statement required pursuant to

23-21 subsection 1; or

23-22 (b) Indicates on the statement submitted pursuant to subsection 1 that he

23-23 is subject to a court order for the support of a child and is not in

23-24 compliance with the order or a plan approved by the district attorney or

23-25 other public agency enforcing the order for the repayment of the amount

23-26 owed pursuant to the order.

23-27 4. If an applicant indicates on the statement submitted pursuant to

23-28 subsection 1 that he is subject to a court order for the support of a child and

23-29 is not in compliance with the order or a plan approved by the district

23-30 attorney or other public agency enforcing the order for the repayment of the

23-31 amount owed pursuant to the order, the administrator shall advise the

23-32 applicant to contact the district attorney or other public agency enforcing

23-33 the order to determine the actions that the applicant may take to satisfy the

23-34 arrearage.

23-35 Sec. 58.4. NRS 458.027 is hereby amended to read as follows:

23-36 458.027 1. If the bureau receives a copy of a court order issued

23-43 day after the date on which the court order was issued unless the bureau

24-1 receives a letter issued by the district attorney or other public agency

24-2 pursuant to NRS 425.550 to the person who has been certified stating that

24-3 the person has complied with the subpoena or warrant or has satisfied the

24-4 arrearage pursuant to NRS 425.560.

24-5 2. The bureau shall reinstate the certification of a person as [personnel

24-6 of an alcohol and drug abuse program or a facility,] a detoxification

24-7 technician or as the operator of a halfway house for alcohol and drug

24-8 abusers, that has been suspended by a district court pursuant to NRS

24-9 425.540 if the bureau receives a letter issued by the district attorney or

24-10 other public agency pursuant to NRS 425.550 to the person whose

24-11 certification was suspended stating that the person whose certification was

24-12 suspended has complied with the subpoena or warrant or has satisfied the

24-13 arrearage pursuant to NRS 425.560.

24-14 Sec. 58.6. NRS 458.028 is hereby amended to read as follows:

24-15 458.028 An application for the certification of [personnel of an alcohol

24-16 and drug abuse program or a facility,] a detoxification technician or as the

24-17 operator of a halfway house for alcohol and drug abusers, must include the

24-18 social security number of the applicant.

24-19 Sec. 59. NRS 458.031 is hereby amended to read as follows:

24-20 458.031 The department shall administer the provisions of NRS