2001 REGULAR SESSION (71st) A AB395 392
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 1, line 11, before “alcohol” by inserting “recovering”.
Amend section 1, page 1, lines 13 and 14, by deleting “the house,” and inserting:
“[the house,]a residential facility for groups,”.
Amend section 1, page 1, line 16, before “alcohol” by inserting “recovering”.
Amend section 1, page 2, lines 25 and 26, by deleting:
“[660] 1,500 feet” and inserting:
“[660 feet] the minimum distance established by the governing body pursuant to this subsection”.
Amend section 1, page 2, lines 32 and 33, by deleting:
“[660] 1,500 feet of each other” and inserting:
“[660 feet] the minimum distance of each other established by the governing body pursuant to this subsection”.
Amend section 1, page 2, line 34, after “regulations.” by inserting:
“For purposes of this subsection, each governing body shall establish by ordinance a minimum distance between residential establishments that is at least 660 feet but not more than 1,500 feet.”.
Amend section 1, page 2, line 42, before “alcohol” by inserting “recovering”.
Amend section 1, page 3, line 4, before “alcohol” by inserting “recovering”.
Amend the bill as a whole by renumbering sec. 2 as sec. 13 and adding new sections designated sections 2 through 12, following section 1, to read as follows:
“Sec. 2. NRS 458.010 is hereby amended to read as follows:
SECOND
PARALLEL SECTION
458.010 As used in NRS 458.010 to 458.350, inclusive,
unless the context requires otherwise:
1. “Alcohol and drug abuse program” means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of alcohol and drug abusers.
2. “Alcohol and drug abuser” means a person whose consumption of alcohol or other drugs, or any combination thereof, interferes with or adversely affects his ability to function socially or economically.
3. “Alcoholic” means any person who habitually uses alcoholic beverages to the extent that he endangers the health, safety or welfare of himself or any other person or group of persons.
4. “Bureau” means the bureau of alcohol and drug abuse in the department.
5. “Chief” means the chief of the bureau.
6. “Civil protective custody” means a custodial placement of a person for the purpose of protecting his health or safety. Civil protective custody does not have any criminal implication.
7. “Department” means the department of human resources.
8. “Detoxification technician” means a person who is certified by the bureau to provide screening for the safe withdrawal from alcohol and other drugs.
9. “Director” means the director of the department.
10. “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.
11. “Halfway house for recovering alcohol and drug abusers” means a residence that provides housing and a living environment for alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide treatment for alcohol or drug abuse. The term does not include a facility for the treatment of abuse of alcohol or drugs as defined in NRS 449.00455.
Sec. 3. NRS 458.025 is hereby amended to read as follows:
SECOND
PARALLEL SECTION
458.025 The bureau of alcohol and drug abuse is
hereby created in the department. The bureau:
1. Shall formulate and operate a comprehensive state plan for alcohol and drug abuse programs which must include:
(a) A survey of the need for education, prevention and treatment of alcohol and drug abuse, including a survey of the facilities needed to provide services and a plan for the development and distribution of services and programs throughout the state.
(b) A plan for programs to educate the public in the problems of the abuse of alcohol and other drugs.
(c) A survey of the need for trained teachers, persons who have professional training in fields of health and others involved in the education and prevention of alcohol and drug abuse and in the treatment and recovery of alcohol and drug abusers, and a plan to provide the necessary treatment.
FLUSH
In developing and revising the state plan, the bureau shall
consider, among other things, the amount of money available from the Federal
Government for alcohol and drug abuse programs and the conditions attached to
the acceptance of the money, and the limitations of legislative appropriations
for alcohol and drug abuse programs.
2. Shall coordinate the efforts to carry out the state plan and coordinate all state and federal financial support of alcohol and drug abuse programs in the state. The bureau must be consulted in the planning of projects and advised of all applications for grants from within the state which are concerned with alcohol and drug abuse programs, and shall review and advise concerning the applications.
3. Shall develop and publish standards of certification and may certify or deny certification of operators of halfway houses for recovering alcohol and drug abusers, halfway houses for recovering alcohol and drug abusers, detoxification technicians or any facilities or programs on the basis of the standards, and publish a list of certified operators of halfway houses for recovering alcohol and drug abusers, halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities and programs. Any operators of halfway houses for recovering alcohol and drug abusers, halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities or programs which are not certified are ineligible to receive state and federal money for alcohol and drug abuse programs. The chief:
(a) Shall establish the requirements for continuing education for persons certified as detoxification technicians; and
(b) May set fees for the certification of operators of halfway houses for recovering alcohol and drug abusers, halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities or programs. The fees must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may the fee for a certificate exceed the actual cost to the bureau of issuing the certificate.
4. Upon request from a facility which is self-supported, may certify the facility, its programs and detoxification technicians and add them to the list described in subsection 3.
Sec. 4. NRS 458.026 is hereby amended to read as follows:
SECOND
PARALLEL SECTION
458.026 1. An
applicant for the issuance or renewal of his certification as a detoxification
technician or as the operator of a halfway house for recovering alcohol and drug abusers shall
submit to the bureau the statement prescribed by the welfare division of the
department of human resources pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The bureau shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certification; or
(b) A separate form prescribed by the bureau.
3. The certification of a person as a detoxification technician or as the operator of a halfway house for recovering alcohol and drug abusers may not be issued or renewed by the bureau if the applicant:
(a) Fails to complete or submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that he is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the director shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Sec. 5. NRS 458.027 is hereby amended to read as follows:
SECOND
PARALLEL SECTION
458.027 1. If
the bureau receives a copy of a court order issued pursuant to NRS 425.540 that
provides for the suspension of all professional, occupational and recreational
licenses, certificates and permits issued to a person who has been certified as
a detoxification technician or as the operator of a halfway house for recovering alcohol and
drug abusers, the bureau shall deem the certification to be suspended at the
end of the 30th day after the date on which the court order was issued unless
the bureau receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the person who has been certified stating
that the person has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The bureau shall reinstate the certification of a person as a detoxification technician or as the operator of a halfway house for recovering alcohol and drug abusers, that has been suspended by a district court pursuant to NRS 425.540 if the bureau receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
Sec. 6. NRS 458.028 is hereby amended to read as follows:
SECOND
PARALLEL SECTION
458.028 An application for the certification of a
detoxification technician or as the operator of a halfway house for recovering alcohol and
drug abusers, must include the social security number of the applicant.
Sec. 7. NRS 458.141 is hereby amended to read as follows:
458.141 1. No person, state or local government or agency thereof may operate or maintain in this state a halfway house for recovering alcohol and drug abusers without first obtaining a certificate therefor from the bureau.
2. A person who operates a halfway house for recovering alcohol and drug abusers without a certificate issued by the bureau is guilty of a misdemeanor.
Sec. 8. NRS 458.145 is hereby amended to read as follows:
458.145 Each certificate issued by the bureau to a halfway house for recovering alcohol and drug abusers expires on the first December 31 following its issuance and is renewable for 1 year upon reapplication and payment of a renewal fee established pursuant to NRS 458.025.
Sec. 9. NRS 458.151 is hereby amended to read as follows:
458.151 The bureau may:
1. Upon receipt of an application for certification as a halfway house for recovering alcohol and drug abusers, conduct an investigation into the premises, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of that halfway house.
2. Upon receipt of a complaint against a halfway house for recovering alcohol and drug abusers, conduct an investigation into the premises, qualification of personnel, methods of operation, policies, procedures and records of that halfway house.
3. Inspect a halfway house for recovering alcohol and drug abusers at any time, with or without notice, as often as is necessary to ensure compliance with all applicable regulations and standards adopted by the bureau.
Sec. 10. NRS 458.155 is hereby amended to read as follows:
458.155 1. If a halfway house for recovering alcohol and drug abusers violates any provisions related to its certification, including, without limitation, any law of this state or any applicable condition, standard or regulation adopted by the bureau, the bureau may:
(a) Suspend or revoke its certification; and
(b) Impose an administrative fine of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum.
2. If a halfway house for recovering alcohol and drug abusers fails to pay an administrative fine imposed pursuant to subsection 1, the bureau may:
(a) Suspend the certificate of the halfway house until the administrative fine is paid; and
(b) Collect court costs, reasonable attorney’s fees and other costs incurred to collect the administrative fine.
3. Any money collected as an administrative fine must be deposited in the state general fund. If money is needed to pay the costs of an investigation or inspection to carry out the provisions of NRS 458.141 to 458.171, inclusive, the bureau may present a claim to the state board of examiners for recommendation to the interim finance committee.
Sec. 11. NRS 458.165 is hereby amended to read as follows:
458.165 1. The bureau may bring an action in the name of the state to enjoin any person, state or local government or agency thereof from operating or maintaining a halfway house for recovering alcohol and drug abusers:
(a) Without first obtaining a certificate therefor; or
(b) After such a certificate has been revoked or suspended by the bureau.
2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such a halfway house without a certificate.
Sec. 12. NRS 458.171 is hereby amended to read as follows:
458.171 The district attorney of the county in which a halfway house for recovering alcohol and drug abusers is located shall, upon application by the bureau, institute and conduct the prosecution of any action for the violation of NRS 458.141.”.
Amend sec. 2, page 3, by deleting line 8 and inserting:
“Sec. 13. 1. This section and sections 7 to 12, inclusive, and 14 of this act become effective on July 1, 2001.
2. Sections 2 to 6, inclusive, of this act become effective at 12:01 a.m. on July 1, 2001.”.
Amend the bill as a whole by adding a new section designated sec. 14, following sec. 2, to read as follows:
“Sec. 14. The legislative counsel shall:
1. In preparing the reprint and supplements to the Nevada Revised Statutes, with respect to any section which is not amended by this act or is further amended by another act, appropriately change any references to a halfway house for alcohol and drug abusers to a halfway house for recovering alcohol and drug abusers.
2. In preparing supplements to the Nevada Administrative Code, appropriately change any references to a halfway house for alcohol and drug abusers to a halfway house for recovering alcohol and drug abusers.”.
Amend the title of the bill, second line, after “facilities;” by inserting:
“changing the statutory name of “halfway house for alcohol and drug abusers”;”.
Amend the summary of the bill to read as follows: