A_SB513

2001 REGULAR SESSION (71st) A SB513 206

Amendment No. 206

Senate Amendment to Senate Bill No. 513 (BDR 54‑81)

Proposed by: Committee on Commerce and Labor

Amendment Box:

Resolves Conflicts with: N/A

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. 5, page 2, line 20, by deleting “A” and inserting:

“1. Except as otherwise provided in subsection 2, a”.

Amend sec. 5, page 2, line 22, by deleting “1.” and inserting “(a)”.

Amend sec. 5, page 2, line 23, by deleting “2.” and inserting “(b)”.

Amend sec. 5, page 2, line 25, by deleting “3.” and inserting “(c)”.

Amend sec. 5, page 2, line 28, by deleting “hearing.” and inserting “meeting.”.

Amend sec. 5, page 2, between lines 30 and 31 by inserting:

“2. A regulatory body that consists of one natural person may approve a consent agreement without complying with subsection 1, if:

(a) The regulatory body posts a notice in accordance with the requirements for notice for a meeting held pursuant to chapter 241 of NRS which provides notice that:

(1) The regulatory body intends to resolve the alleged violation by entering into a consent agreement with the person who allegedly committed the violation; and

(2) For a limited time set forth in the notice, any person who so desires may request that the regulatory body conduct a public meeting to discuss the terms of the consent agreement by submitting a written request for such a meeting to the regulatory body within the time prescribed; and

(b) After the expiration of the time for receiving requests for a public meeting pursuant to subparagraph (2) of paragraph (a), the regulatory body has received no requests for a public meeting on the consent agreement.”.

Amend the bill as a whole by adding a new section designated sec. 5.5, following sec. 5, to read as follows:

“Sec. 5.5. NRS 623.131 is hereby amended to read as follows:

623.131 1. Except as otherwise provided in subsections 2, 3 and 4, the records of the board which relate to:

(a) An employee of the board;

(b) An examination given by the board; or

(c) Complaints and charges filed with the board and the material compiled as a result of its investigation of those complaints and charges,

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are confidential.

2. The records described in subsection 1 may be disclosed, pursuant to procedures established by regulation of the board, to a court or an agency of the Federal Government, any state, any political subdivision of this state , or any other related professional board or organization.

3. [Upon completion of an investigation by the board, any records of the board described in paragraph (c) of subsection 1 are public records only if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board requesting that the records be made] The complaint or other document filed by the board to initiate disciplinary action and all other documents and information considered by the board when determining whether to impose discipline are public records.

4. The board may report to other related professional boards and organizations an applicant’s score on an examination given by the board.”.

Amend sec. 6, page 3, by deleting lines 27 and 28, and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 7, page 4, line 1, by deleting “impose” and inserting “initiate”.

Amend sec. 7, page 4, by deleting lines 3 through 8 and inserting:

“2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.

Amend sec. 8, page 4, by deleting lines 25 and 26, and inserting:

“2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 9, page 4, line 34, by deleting “impose” and inserting “initiate”.

Amend sec. 9, page 4, by deleting lines 36 through 41 and inserting:

Amend sec. 12, page 6, by deleting lines 29 and 30 and inserting:

“8. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 13, page 6, by deleting lines 34 through 36 and inserting:

“. [until the investigation is completed.]”.

Amend sec. 13, page 6, line 37, by deleting “records.”.

Amend sec. 13, page 6, by deleting lines 40 through 45, and inserting:

“investigative file remains confidential. [If a formal complaint is filed, all pleadings and evidence introduced at the hearing] The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.

Amend sec. 14, page 7, by deleting lines 20 and 21 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 15, page 7, line 27, by deleting “impose” and inserting “initiate”.

Amend sec. 15, page 7, by deleting lines 29 through 34 and inserting:

Amend sec. 16, page 7, by deleting lines 48 and 49 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 17, page 8, line 6, by deleting “impose” and inserting “initiate”.

Amend sec. 17, page 8, by deleting lines 8 through 13 and inserting:

Amend sec. 18, page 9, by deleting lines 17 and 18 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 19, page 10, line 5, by deleting “impose” and inserting “initiate”.

Amend sec. 19, page 10, by deleting lines 7 through 11 and inserting:

“5. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public”.

Amend sec. 20, page 11, by deleting lines 9 and 10 and inserting:

“6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 21, page 11, by deleting lines 43 and 44 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend the bill as a whole by adding a new section designated sec. 21.5, following sec. 21, to read as follows:

“Sec. 21.5. NRS 630A.555 is hereby amended to read as follows:

630A.555 1. Except as otherwise provided in [subsection 2,] this section, any records or information obtained during an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation, the information and records are public records if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]

2. The complaint or other document filed by the board to initiate disciplinary action and all documents and information considered by the board when determining whether to impose discipline are public.

3. The board may provide any record or information described in subsection 1 to any other licensing board or agency, including a law enforcement agency, which is investigating a person who is licensed pursuant to this chapter.”.

Amend sec. 22, page 12, by deleting lines 37 and 38 and inserting:

“6. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend the bill as a whole by adding a new section designated sec. 22.5, following sec. 22, to read as follows:

“Sec. 22.5. NRS 631.368 is hereby amended to read as follows:

631.368 1. Except as otherwise provided in [subsection 2,] this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]

3. The board may provide any record or information described in subsection 1 to any other licensing board or agency or any agency which is investigating a person licensed pursuant to this chapter, including a law enforcement agency.”.

Amend sec. 23, page 13, by deleting lines 19 and 20 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend the bill as a whole by adding a new section designated section 23.5, following sec. 23, to read as follows:

“Sec. 23.5. NRS 632.405 is hereby amended to read as follows:

632.405 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]

3. This section does not prevent or prohibit the board from communicating or cooperating with another licensing board or any agency that is investigating a licensee, including a law enforcement agency.”.

Amend sec. 24, page 13, line 26, by deleting “impose” and inserting “initiate”.

Amend sec. 24, page 13, by deleting lines 28 through 32 and inserting:

Amend sec. 26, page 14, by deleting lines 14 and 15 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 27, page 14, line 21, by deleting “impose” and inserting “initiate”.

Amend sec. 27, page 14, by deleting lines 23 through 28 and inserting:

Amend sec. 28, page 15, by deleting lines 8 and 9 and inserting:

“5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 30, page 15, line 36, by deleting “impose” and inserting “initiate”.

Amend sec. 30, page 15, by deleting lines 38 through 45 and inserting:

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 32, page 16, line 11, by deleting “impose” and inserting “initiate”.

Amend sec. 32, page 16, by deleting lines 13 through 21 and inserting:

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 35, page 17, line 25, by deleting “impose” and inserting “initiate”.

Amend sec. 35, page 17, by deleting lines 27 through 32 and inserting:

Amend sec. 37, page 18, by deleting lines 16 and 17 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 38, page 18, line 23, by deleting “impose” and inserting “initiate”.

Amend sec. 38, page 18, by deleting lines 25 through 30 and inserting:

Amend sec. 40, page 19, by deleting lines 38 and 39 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 41, page 19, line 45, by deleting “impose” and inserting “initiate”.

Amend sec. 41, pages 19 and 20, by deleting lines 47 and 48 on page 19 and lines 1 through 4 on page 20 and inserting:

Amend sec. 42, page 20, by deleting lines 28 and 29 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 43, page 20, line 35, by deleting “impose” and inserting “initiate”.

Amend sec. 43, page 20, by deleting lines 37 through 42 and inserting:

Amend sec. 44, page 21, by deleting lines 6 and 7 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 45, page 21, line 13, by deleting “impose” and inserting “initiate”.

Amend sec. 45, page 21, by deleting lines 15 through 20 and inserting:

Amend sec. 48, page 22, by deleting lines 42 and 43 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend the bill as a whole by adding a new section designated sec. 48.5, following sec. 48, to read as follows:

“Sec. 48.5. NRS 639.2485 is hereby amended to read as follows:

639.2485 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]

3. The board may disclose to a practitioner and a law enforcement agency information concerning a person who procures or attempts to procure any dangerous drug or controlled substance in violation of NRS 453.391 or 454.311.

[3.] 4. If the board receives a request or subpoena for records or information obtained during an investigation by the board and the records or information is not made public pursuant to subsection [1,] 2, the board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the board may release the records or information only upon the order of a court of competent jurisdiction.”.

Amend sec. 49, page 23, by deleting lines 14 and 15 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 50, page 23, line 17, by deleting “Any” and inserting:

“[Any] Except as otherwise provided in this section, any”.

Amend sec. 50, page 23, by deleting lines 19 through 26 and inserting:

“confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]

3. This section does not prevent or prohibit the board from”.

Amend sec. 50, page 23, by deleting lines 29 and 30 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 52, page 24, by deleting lines 36 and 37 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend the bill as a whole by adding a new section designated sec. 52.5, following sec. 52, to read as follows:

“Sec. 52.5. NRS 640A.220 is hereby amended to read as follows:

640A.220 [Any]

1. Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board are confidential . [until the investigation is completed. Upon completion of the investigation, the records and information are public records if:

1. Disciplinary action is imposed by the board as a result of the investigation; or

2. The person under investigation submits a written request to the board asking that the information and records be made]

Amend sec. 54, page 25, by deleting lines 37 and 38 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 55, page 25, by deleting line 40 and inserting:

“641.255 [All]

1. Except as otherwise provided in subsection 2, all complaints filed with the board , all information”.

Amend sec. 55, page 25, line 42, by deleting “impose” and inserting “initiate”.

Amend sec. 55, page 25, line 45, by deleting “chapter.]” and inserting “chapter. If]”.

Amend sec. 55, pages 25 and 26, by deleting lines 46 through 49 on page 25 and lines 1 through 7 on page 26, and inserting:

Amend the bill as a whole by inserting a new section designated sec. 55.5, following sec. 55, to read as follows:

“Sec. 55.5. NRS 641A.191 is hereby amended to read as follows:

641A.191 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Except as otherwise provided in NRS 641A.315, upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]

3. This section does not prohibit the board from communicating or cooperating with any other licensing board or agency or any agency which is investigating a licensee, including a law enforcement agency.”.

Amend sec. 56, page 26, by deleting lines 23 and 24 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 57, page 27, by deleting lines 4 and 5 and inserting:

“5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 58, page 28, by deleting lines 5 and 6 and inserting:

“8. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend the bill as a whole by adding a new section designated sec. 58.5, following sec. 58, to read as follows:

“Sec. 58.5. NRS 641C.760 is hereby amended to read as follows:

641C.760 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation, the information and records are public records if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]

3. If the board receives a request or subpoena for records or information obtained during an investigation by the board and the records or information is not made public pursuant to subsection [1,]2, the board shall notify the person regarding whom the investigation was made of the request or subpoena. If that person does not consent in writing to the release of the records or information, the board may release the records or information only upon the order of a court of competent jurisdiction.”.

Amend sec. 59, page 28, line 12, by deleting “impose” and inserting “initiate”.

Amend sec. 59, page 28, by deleting lines 14 through 19 and inserting:

Amend sec. 60, page 28, by deleting lines 40 and 41 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 61, page 29, by deleting lines 19 and 20 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 62, page 29, line 26, by deleting “impose” and inserting “initiate”.

Amend sec. 62, page 29, by deleting lines 28 through 33 and inserting:

Amend sec. 63, page 30, by deleting lines 6 and 7 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 64, page 30, line 13, by deleting “impose” and inserting “initiate”.

Amend sec. 64, page 30, by deleting lines 15 through 19 and inserting:

Amend sec. 66, page 31, by deleting lines 18 and 19 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 67, page 31, line 26, by deleting “impose” and inserting “initiate”.

Amend sec. 67, page 31, by deleting lines 28 through 33 and inserting:

“2. The complaint or other document filed by the commission to initiate disciplinary action and all documents and information considered by the commission when determining whether to impose discipline are”.

Amend sec. 69, page 33, by deleting lines 4 and 5 and inserting:

“2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 71, page 33, line 45, by deleting “impose” and inserting “initiate”.

Amend sec. 71, pages 33 and 34, by deleting lines 47 and 48 on page 33 and lines 1 through 4 on page 34, and inserting:

“2. The complaint or other document filed by the commissioner to initiate disciplinary action and all documents and information considered by the commissioner when determining whether to impose discipline are”.

Amend sec. 73, page 36, by deleting lines 10 and 11 and inserting:

“5. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 74, page 36, line 17, by deleting “impose” and inserting “initiate”.

Amend sec. 74, page 36, by deleting lines 19 through 27 and inserting:

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 78, page 38, line 42, by deleting “impose” and inserting “initiate”.

Amend sec. 78, pages 38 and 39, by deleting lines 44 through 47 on page 38 and lines 1 and 2 on page 39, and inserting:

Amend sec. 80, page 39, by deleting lines 46 and 47 and inserting:

“ recovered by the commission.] An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 81, page 40, line 6, by deleting “impose” and inserting “initiate”.

Amend sec. 81, page 40, by deleting lines 8 through 13 and inserting:

“2. The complaint or other document filed by the division to initiate disciplinary action and all documents and information considered by the division when determining whether to impose discipline are public”.

Amend sec. 83, page 41, by deleting lines 1 and 2 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 84, page 41, line 8, by deleting “impose” and inserting “initiate”.

Amend sec. 84, page 41, by deleting lines 10 through 15 and inserting:

Amend sec. 86, page 42, by deleting lines 46 and 47 and inserting:

“3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend the bill as a whole by adding a new section designated sec. 86.5, following sec. 86, to read as follows:

“Sec. 86.5. NRS 648.034 is hereby amended to read as follows:

648.034 1. [Any] Except as otherwise provided in this section, any records or information obtained during the course of an investigation of a licensee by the board and any record of the investigation are confidential . [until the investigation is completed. Upon completion of the investigation the information and records are public records, only if:

(a) Disciplinary action is imposed by the board as a result of the investigation; or

(b) The person regarding whom the investigation was made submits a written request to the board asking that the information and records be made public records.]

Amend sec. 87, page 43, by deleting lines 18 and 19 and inserting:

“2. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 88, page 43, line 25, by deleting “impose” and inserting “initiate”.

Amend sec. 88, page 43, by deleting lines 27 through 32 and inserting:

Amend sec. 89, page 44, by deleting lines 9 and 10 and inserting:

“4. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 90, page 44, line 16, by deleting “impose” and inserting “initiate”.

Amend sec. 90, page 44, by deleting lines 18 through 26 and inserting:

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 91, page 44, line 32, by deleting “impose” and inserting “initiate”.

Amend sec. 91, page 44, by deleting lines 34 through 39 and inserting:

Amend sec. 93, page 46, by deleting lines 6 and 7 and inserting:

“recovered by the board.] An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend sec. 94, page 46, line 13, by deleting “impose” and inserting “initiate”.

Amend sec. 94, page 46, by deleting lines 15 through 23 and inserting:

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.”.

Amend the title of the bill, by deleting the seventh through ninth lines and inserting:

“under certain circumstances; requiring such regulatory bodies to hold a public meeting to discuss and approve the terms of certain consent agreements before entering such agreements; creating an exception to such requirement; requiring any”.