2001 REGULAR SESSION (71st)                                                                       A AB395 R1 818

Amendment No. 818

 

Senate Amendment to Assembly Bill No. 395  First Reprint                                              (BDR 22‑1118)

Proposed by: Committee on Government Affairs

Amendment Box: Resolves conflict with S.B. No. 300.

Resolves Conflicts with: SB300

Amends:         Summary:               Title:               Preamble:               Joint Sponsorship:

 

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 sec. 2, page 3, by deleting lines 19 through 47 and inserting:

SECOND PARALLEL SECTION

 
     “1.  “Administrator” means the administrator of the health division.

     2.  “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.

     3.  “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.

     4.  “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.

     5.  “Board” means the state board of health.

     6.  “Civil protective custody” means a custodial placement of a person to protect his health or safety. Civil protective custody does not have any criminal implication.

     7.  “Detoxification technician” means a person who is certified by the health division to provide screening for the safe withdrawal from alcohol and other drugs.

     8.  “Facility” means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of alcohol and drug abusers.

     9.  “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.

     10.  “Health division” means the health division of the department of human resources.”.

     Amend sec. 3, pages 4 and 5, by deleting lines 2 through 47 on page 4 and lines 1 through 3 on page 5, and inserting:

SECOND PARALLEL SECTION

 
     “458.025  The health division:

     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 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 this 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 persons who have professional training in fields of health and other persons involved in the 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 health division shall consider, without limitation, the amount of money available from the Federal Government for alcohol and drug abuse programs and the conditions attached to the acceptance of that 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 this state.

     3.  Must be consulted in the planning of projects and advised of all applications for grants from within this state which are concerned with alcohol and drug abuse programs, and shall review the applications and advise the applicants concerning the applications.

     4.  Shall certify or deny certification of any halfway houses for recovering alcohol and drug abusers, detoxification technicians or any facilities or programs on the basis of the standardsestablished by the board pursuant to this section, and publish a list of certified halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities and programs. Any 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 board shall adopt regulations. The regulations:

     (a) Must prescribe the standards for certification of halfway houses for recovering alcohol and drug abusers, facilities and programs;

     (b) Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and

     (c) May prescribe the fees for the certification of halfway houses for recovering alcohol and drug abusers, detoxification technicians, facilities or programs. A fee prescribed pursuant to this paragraph must be calculated to produce the revenue estimated to cover the costs related to the certifications, but in no case may a fee for a certificate exceed the actual cost to the health division of issuing the certificate.

     5.  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 4.”.

     Amend sec. 4, page 5, by deleting lines 7 through 18 and inserting:

SECOND PARALLEL SECTION

 
“house for recovering alcohol and drug abusers must submit to the health division 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 health division 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 health division.

     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 health division if the applicant:”.

     Amend sec. 4, page 5, line 30, by deleting “director” and inserting “administrator”.

     Amend sec. 5, page 5, by deleting lines 35 through 49 and inserting:

SECOND PARALLEL SECTION

 
     “458.027  1.  If the health divisionreceives 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 health division 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 health division 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 health division 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 health division receives a letter issued by the”.

     Amend sec. 7, page 6, by deleting line 13 and inserting:

“the health division.”.

     Amend sec. 7, page 6, line 15, by deleting “bureau” and inserting “health division”.

     Amend sec. 8, page 6, line 18, by deleting “bureau” and inserting “health division”.

     Amend sec. 8, page 6, line 19, by deleting “first”.

     Amend sec. 9, page 6, line 23, by deleting “bureau” and inserting “health division”.

     Amend sec. 9, page 6, by deleting line 36 and inserting “board.”.

     Amend sec. 10, page 6, by deleting line 41 and inserting:

“standard or regulation adopted by the board, the health division may:”.

     Amend sec. 10, page 6, line 47, by deleting “bureau” and inserting “health division”.

     Amend sec. 10, page 7, line 8, by deleting “bureau” and inserting “health division”.

     Amend sec. 11, page 7, line 11, by deleting “bureau” and inserting “health division”.

     Amend sec. 11, page 7, line 15, by deleting “therefor;” and inserting:

“therefor from the health division;”.

     Amend sec. 11, page 7, by deleting line 17 and inserting “health division.”.

     Amend sec. 12, page 7, line 24, by deleting “bureau,” and inserting “health division,”.