2001 REGULAR SESSION (71st) A SB483 R1 723
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 section 1, renumbering sections 2 through 7 as sections 6 through 11 and adding new sections designated sections 1 through 5, following the enacting clause, to read as follows:
“Section 1. Chapter 449 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.
Sec. 2. “Facility for refractive laser surgery” means a freestanding facility that provides limited medical services for the evaluation of patients with refractive errors of the eye and the surgical treatment of those patients by photorefractive keratectomy or laser in situ keratomeleusis.
Sec. 3. “Mobile unit” means a motor vehicle, other than a vehicle operated under the authority of a permit issued pursuant to chapter 450B of NRS, that is specially designed, constructed and equipped to provide any of the medical services provided by a medical facility described in subsections 1 to 13, inclusive, of NRS 449.0151.
Sec. 4. 1. Except as otherwise provided in section 5 of this act, each facility for refractive laser surgery shall, when applying for a license or renewing a license, file with the administrator of the health division a surety bond:
(a) If the facility employs less than seven employees, in the amount of $10,000;
(b) If the facility employs at least seven but not more than 25 employees, in the amount of $50,000; or
(c) If the facility employs more than 25 employees, in the amount of $100,000.
2. A bond filed pursuant to this section must be executed by the facility as principal and by a surety company as surety. The bond must be payable to the health division and must be conditioned to provide indemnification to a patient of the facility who the administrator of the health division or his designee determines has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
3. Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.
4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the administrator of the health division, but the release does not discharge or otherwise affect any claim filed by a patient for any damages sustained as a result of the bankruptcy of or any breach of contract by the facility while the bond was in effect.
5. The license of a facility for refractive laser surgery is suspended by operation of law when the facility is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to section 5 of this act. The administrator of the health division shall give the facility at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond is filed or substitute for the surety bond is deposited in the same manner and amount as the bond or substitute being terminated.
Sec. 5. 1. As a substitute for the surety bond required pursuant to section 4 of this act, a facility for refractive laser surgery may deposit with any bank or trust company authorized to do business in this state, upon approval of the administrator of the health division:
(a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this state;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this state or any city, county, town, township, school district or other instrumentality of this state, or guaranteed by this state, in an aggregate amount, based upon principal amount or market value, whichever is lower.
2. The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by section 4 of this act. With the approval of the administrator of the health division, the facility may substitute other suitable obligations for those deposited, which must be assigned to the health division and are negotiable only upon approval of the administrator of the health division.
3. Any interest or dividends earned on the deposit accrue to the account of the facility.
4. The deposit must be an amount at least equal to the surety bond required by section 4 of this act and must state that the amount may not be withdrawn except by the direct and sole order of the administrator of the health division.”.
Amend sec. 2, page 1, line 11, by deleting “section 1” and inserting:
“sections 2 and 3”.
Amend sec. 3, page 2, line 5, by deleting “and”.
Amend sec. 3, page 2, line 6, after “14.” by inserting:
“A facility for refractive laser surgery; and
15.”.
Amend sec. 4, page 2, line 10, after “inclusive,” by inserting:
“and sections 2 to 5, inclusive, of this act”.
Amend sec. 4, page 2, line 18, after “(d)” by inserting:
“Regulations establishing a procedure for the indemnification by the health division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive laser surgery pursuant to section 4 or 5 of this act, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(e)”.
Amend sec. 4, page 2, line 19, by deleting “inclusive.” and inserting:
“inclusive[.] , and sections 2 to 5, inclusive, of this act.”.
Amend sec. 4, page 2, by deleting lines 25 through 29 and inserting:
“3. The board shall adopt separate regulations for [the] :
(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.
(b) The licensure of facilities for refractive laser surgery which take into consideration the unique factors of operating such a facility.
(c) The licensure of mobile units which take into consideration the unique factors of”.
Amend sec. 4, page 2, line 31, by deleting “5.” and inserting “4.”.
Amend sec. 4, page 2, line 35, by deleting “[5.] 6.” and inserting “5.”.
Amend sec. 4, page 2, line 40, by deleting “[6.] 7.” and inserting “6.”.
Amend sec. 4, page 3, line 13, by deleting “[7.] 8.” and inserting “7.”.
Amend sec. 5, page 3, line 32, by deleting “inclusive.” and inserting:
“inclusive[.] , and sections 2 to 5, inclusive, of this act.”.
Amend sec. 5, page 3, line 40, by deleting “[7] 8” and inserting “7”.
Amend sec. 5, page 3, line 43, by deleting “[7] 8” and inserting “7”.
Amend sec. 6, page 4, line 18, after “inclusive,” by inserting:
“and sections 2 to 5, inclusive, of this act”.
Amend sec. 7, page 4, by deleting line 20 and inserting:
“Sec. 11. This act becomes effective upon passage and approval for the purposes of adopting regulations and on July 1, 2001, for all other purposes.”.
Amend the title of the bill by deleting the second line and inserting:
“for the licensure of certain mobile units and facilities for refractive laser surgery as medical facilities; requiring facilities for refractive laser surgery to file a surety bond or deposit other security to provide indemnification to certain patients; and providing other matters”.
Amend the summary of the bill to read as follows: