2001 REGULAR SESSION (71st) A SB319 858
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 the bill as a whole by deleting sections 7 through 10 and adding new sections designated sections 7 through 10, following sec. 6, to read as follows:
“Sec. 7. 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. “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 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.
Sec. 8. NRS 458.025 is hereby amended to read as follows:
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 alcohol and drug abusers,] detoxification technicians or any facilities or programs on the basis of the standards established by the board pursuant to this section, and publish a list of certified [halfway houses for alcohol and drug abusers,] detoxification technicians, facilities and programs. Any [halfway houses for 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 alcohol and drug abusers, facilities and programs;
(b)] Must prescribe the requirements for continuing education for persons certified as detoxification technicians; and
[(c)] (b) May prescribe the fees for the certification of [halfway houses for 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.
Sec. 9. 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 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 alcohol and drug abusers] may not be issued or renewed by the health division 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 administrator 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. 10. NRS 458.027 is hereby amended to read as follows:
SECOND
PARALLEL SECTION
458.027 1. If the health division
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 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 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 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.”.
Amend the bill as a whole by adding a new section designated sec. 12.5, following sec. 12, to read as follows:
“Sec. 12.5. Section 1 of Senate Bill No. 74 of this session is hereby amended to read as follows:
Section 1. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person. The term includes, without limitation, an assisted living facility.
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two persons in his own home;
(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;
(d) A halfway house for alcohol and drug abusers; or
(e) A facility funded by a division or program of the department of human resources.”.