Senate Bill No. 300–Committee on Human
Resources and Facilities

 

(On Behalf of Department of Human
Resources—Health Division)

 

March 8, 2001

____________

 

Referred to Committee on Human Resources and Facilities

 

SUMMARY—Abolishes bureau of alcohol and drug abuse of department of human resources and transfers powers and duties of bureau to health division of department of human resources. (BDR 40‑538)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to public health; abolishing the bureau of alcohol and drug abuse of the department of human resources; transferring the powers and duties of the bureau to the health division of the department of human resources; requiring the state board of health to adopt regulations governing halfway houses for alcohol and drug abusers, facilities, programs and personnel; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1. NRS 439.150 is hereby amended to read as follows:

1-2    439.150  1.  The state board of health is hereby declared to be

1-3  supreme in all nonadministrative health matters. It has general supervision

1-4  over all matters, except for administrative matters, relating to the

1-5  preservation of the health and lives of citizens of [the] this state and over

1-6  the work of the state health officer and all district, county and city health

1-7  departments, boards of health and health officers.

1-8    2.  The department of human resources is hereby designated as the

1-9  agency of this state to cooperate with the [duly constituted] federal

1-10  authorities in the administration of those parts of the Social Security Act

1-11  which relate to the general promotion of public health. It may receive and

1-12  expend all money made available to the health division by the Federal

1-13  Government, the [state] State of Nevada or its political subdivisions, or

1-14  from any other source, for the purposes provided in this chapter. In

1-15  developing and revising any state plan in connection with federal

2-1  assistance for health programs, the department shall consider, [among other

2-2  things,] without limitation, the amount of money available from the

2-3  Federal Government for those programs, the conditions attached to the

2-4  acceptance of [the] that money and the limitations of legislative

2-5  appropriations for those programs.

2-6    3.  Except as otherwise provided in NRS 458.025 and 576.128, the

2-7  state board of health may set reasonable fees for the:

2-8    (a) Licensing, registering, certifying, inspecting or granting of permits

2-9  for any facility, establishment or service regulated by the health division;

2-10    (b) Programs and services of the health division;

2-11    (c) Review of plans; and

2-12    (d) Certification and licensing of personnel.

2-13  Fees set pursuant to this subsection must be calculated to produce for that

2-14  period the revenue from the fees projected in the budget approved for the

2-15  health division by the legislature.

2-16    Sec. 2.  NRS 442.003 is hereby amended to read as follows:

2-17    442.003  As used in this chapter, unless the context requires otherwise:

2-18    1.  “Advisory board” means the advisory board on maternal and child

2-19  health.

2-20    2.  “Department” means the department of human resources.

2-21    3.  “Director” means the director of the department . [of human

2-22  resources.]

2-23    4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

2-24    5.  “Health division” means the health division of the department . [of

2-25  human resources.]

2-26    6.  “Obstetric center” has the meaning ascribed to it in NRS 449.0155.

2-27    7.  “Provider of health care or other services” means:

2-28    (a) [A person who has been certified as a counselor or an administrator

2-29  of an] An alcohol and drug abuse [program] counselor who is licensed or

2-30  certified pursuant to chapter [458] 641C of NRS;

2-31    (b) A physician or a physician’s assistant who is licensed pursuant to

2-32  chapter 630 of NRS and who practices in the area of obstetrics and

2-33  gynecology, family practice, internal medicine, pediatrics or psychiatry;

2-34    (c) A licensed nurse;

2-35    (d) A licensed psychologist;

2-36    (e) A licensed marriage and family therapist;

2-37    (f) A licensed social worker; or

2-38    (g) [A] The holder of a certificate of registration as a pharmacist.

2-39    Sec. 3.  NRS 442.355 is hereby amended to read as follows:

2-40    442.355  1.  The advisory subcommittee on fetal alcohol syndrome of

2-41  the advisory board on maternal and child health is hereby created. The

2-42  subcommittee consists of 12 members, as follows:

2-43    (a) The chairman of the advisory board shall appoint:

2-44      (1) One member who:

2-45        (I) Is a member of the advisory board and is a member of the state

2-46  board of health; or

2-47        (II) Is a member of the advisory board if no member of the

2-48  advisory board is a member of the state board of health;

3-1       (2) One member who is an employee of the division of child and

3-2  family services;

3-3       (3) One member who is a physician certified by the American Board

3-4  of Obstetrics and Gynecology, or an equivalent organization;

3-5       (4) One member who represents persons who operate community-

3-6  based programs for the prevention or treatment of substance abuse;

3-7       (5) One member who is a judge of a juvenile or family court in this

3-8  state;

3-9       (6) One member who represents a statewide organization in this state

3-10  for the prevention of perinatal substance abuse; and

3-11      (7) One member who represents a national organization that provides

3-12  advocacy and representation for mentally retarded persons. To the extent

3-13  possible, the member appointed must be nominated by a statewide

3-14  organization in this state that is affiliated with such a national organization

3-15  or, if no such statewide organization exists, by a majority of the local

3-16  affiliates in this state of such a national organization.

3-17    (b) The Nevada Hospital Association shall appoint one member who is

3-18  an administrator of a hospital.

3-19    (c) The Nevada Association of Health Plans shall appoint one member

3-20  as its representative.

3-21    (d) The dean of the University of Nevada School of Medicine shall

3-22  appoint one member who is a member of the faculty of the department of

3-23  pediatrics of the University of Nevada School of Medicine.

3-24    (e) The [chief] administrator of the [bureau of alcohol and drug abuse

3-25  in the department of human resources] health division shall appoint one

3-26  member who is an employee of the [bureau.] health division.

3-27    (f) The superintendent of public instruction is an ex officio member of

3-28  the subcommittee and may, if he wishes, designate a person to serve on the

3-29  subcommittee in his place or to attend a meeting of the subcommittee in his

3-30  place.

3-31    2.  If any of the appointing entities listed in subsection 1 cease to exist,

3-32  the appointments required by subsection 1 must be made by the successor

3-33  in interest of the entity or, if there is no successor in interest, by the

3-34  chairman of the advisory board.

3-35    3.  The subcommittee may appoint one or more persons who have

3-36  special expertise relating to fetal alcohol syndrome to assist the

3-37  subcommittee in the performance of its duties.

3-38    Sec. 4.  NRS 449.00455 is hereby amended to read as follows:

3-39    449.00455  “Facility for the treatment of abuse of alcohol or drugs”

3-40  means any public or private establishment which provides residential

3-41  treatment, including mental and physical restoration, of abusers of alcohol

3-42  or drugs and which is certified by the [bureau of alcohol and drug abuse in

3-43  the department of human resources,] health division pursuant to subsection

3-44  [3] 4 of NRS 458.025. It does not include a medical facility or services

3-45  offered by volunteers or voluntary organizations.

3-46    Sec. 5.  NRS 453.1545 is hereby amended to read as follows:

3-47    453.1545  1.  The board and the division shall cooperatively develop a

3-48  computerized program to track each prescription for a controlled substance

4-1  listed in schedule II, III or IV that is filled by a pharmacy that is registered

4-2  with the board. The program must:

4-3    (a) Be designed to provide information regarding:

4-4       (1) The inappropriate use by a patient of controlled substances listed

4-5  in schedules II, III and IV to pharmacies, practitioners and appropriate state

4-6  agencies [in order] to prevent the improper or illegal use of [such] those

4-7  controlled substances; and

4-8       (2) Statistical data relating to the use of [such] those controlled

4-9  substances that is not specific to a particular patient.

4-10    (b) Be administered by the board, the division, the [bureau of alcohol

4-11  and drug abuse in] health division of the department of human resources

4-12  and various practitioners, representatives of professional associations for

4-13  practitioners, representatives of occupational licensing boards and

4-14  prosecuting attorneys selected by the board and the division.

4-15    (c) Not infringe on the legal use of a controlled substance for the

4-16  management of severe or intractable pain.

4-17    2.  The board and division must have access to the program established

4-18  pursuant to subsection 1 [for the purpose of identifying] to identify any

4-19  suspected fraudulent or illegal activity related to the dispensing of

4-20  controlled substances.

4-21    3.  The board or division shall report any activity it reasonably suspects

4-22  may be fraudulent or illegal to the appropriate law enforcement agency or

4-23  occupational licensing board and provide the law enforcement agency or

4-24  occupational licensing board with the relevant information obtained from

4-25  the program for further investigation.

4-26    4.  Information obtained from the program relating to a practitioner or a

4-27  patient is confidential and, except as otherwise provided by this section,

4-28  must not be disclosed to any person. [Such] That information must be

4-29  disclosed:

4-30    (a) Upon the request of a person about whom the information requested

4-31  concerns or upon the request on his behalf by his attorney; or

4-32    (b) Upon the lawful order of a court of competent jurisdiction.

4-33    5.  The board and the division may apply for any available grants and

4-34  accept any gifts, grants or donations to assist in developing and

4-35  maintaining the program required by this section.

4-36    Sec. 6.  NRS 453.580 is hereby amended to read as follows:

4-37    453.580  1.  A court may establish an appropriate treatment program

4-38  to which it may assign a person pursuant to NRS 453.3363 or 458.300 or it

4-39  may assign such a person to an appropriate facility for the treatment of

4-40  abuse of alcohol or drugs which is certified by the [bureau of alcohol and

4-41  drug abuse in] health division of the department of human resources. The

4-42  assignment must include the terms and conditions for successful

4-43  completion of the program and provide for progress reports at intervals set

4-44  by the court to ensure that the person is making satisfactory progress

4-45  towards completion of the program.

4-46    2.  A program to which a court assigns a person pursuant to subsection

4-47  1 must include:

4-48    (a) Information and encouragement for the participant to cease abusing

4-49  alcohol or using controlled substances through educational, counseling and

5-1  support sessions developed with the cooperation of various community,

5-2  health, substance abuse, religious, social service and youth organizations;

5-3    (b) The opportunity for the participant to understand the medical,

5-4  psychological and social implications of substance abuse; and

5-5    (c) Alternate courses within the program based on the different

5-6  substances abused and the addictions of participants.

5-7    3.  If the offense with which the person was charged involved the use

5-8  or possession of a controlled substance, in addition to the program or as a

5-9  part of the program the court must also require frequent urinalysis to

5-10  determine that the person is not using a controlled substance. The court

5-11  shall specify how frequent such examinations must be and how many must

5-12  be successfully completed, independently of other requisites for successful

5-13  completion of the program.

5-14    4.  Before the court assigns a person to a program pursuant to this

5-15  section, the person must agree to pay the cost of the program to which he is

5-16  assigned and the cost of any additional supervision required pursuant to

5-17  subsection 3, to the extent of his financial resources. If the person does not

5-18  have the financial resources to pay all of the related costs, the court shall,

5-19  to the extent practicable, arrange for the person to be assigned to a program

5-20  at a facility that receives a sufficient amount of federal or state funding to

5-21  offset the remainder of the costs.

5-22    Sec. 7.  NRS 458.010 is hereby amended to read as follows:

5-23    458.010  As used in NRS 458.010 to 458.350, inclusive, unless the

5-24  context requires otherwise:

5-25    1.  “Administrator” means the administrator of the health division.

5-26    2.  “Alcohol and drug abuse program” means a project concerned with

5-27  education, prevention and treatment directed toward achieving the mental

5-28  and physical restoration of alcohol and drug abusers.

5-29    [2.] 3. “Alcohol and drug abuser” means a person whose consumption

5-30  of alcohol or other drugs, or any combination thereof, interferes with or

5-31  adversely affects his ability to function socially or economically.

5-32    [3.] 4. “Alcoholic” means any person who habitually uses alcoholic

5-33  beverages to the extent that he endangers the health, safety or welfare of

5-34  himself or any other person or group of persons.

5-35    [4.  “Bureau” means the bureau of alcohol and drug abuse in the

5-36  department.

5-37    5.  “Chief” means the chief of the bureau.]

5-38    5.  “Board” means the state board of health.

5-39    6.  “Civil protective custody” means a custodial placement of a person

5-40  [for the purpose of protecting] to protect his health or safety. Civil

5-41  protective custody does not have any criminal implication.

5-42    7. [“Department” means the department of human resources.

5-43    8.  “Director” means the director of the department.

5-44    9.] “Facility” means a physical structure used for the education,

5-45  prevention and treatment, including mental and physical restoration, of

5-46  alcohol and drug abusers.

5-47    [10.] 8. “Halfway house for alcohol and drug abusers” means a

5-48  residence that provides housing and a living environment for alcohol and

5-49  drug abusers and is operated to facilitate their reintegration into the

6-1  community, but does not provide treatment for alcohol or drug abuse. The

6-2  term does not include a facility for the treatment of abuse of alcohol or

6-3  drugs as defined in NRS 449.00455.

6-4    9.  “Health division” means the health division of the department of

6-5  human resources.

6-6    Sec. 8.  NRS 458.025 is hereby amended to read as follows:

6-7    458.025  The [bureau of alcohol and drug abuse is hereby created in the

6-8  department. The bureau:] health division:

6-9    1.  Shall formulate and operate a comprehensive state plan for alcohol

6-10  and drug abuse programs which must include:

6-11    (a) A survey of the need for [education,] prevention and treatment of

6-12  alcohol and drug abuse, including a survey of the facilities needed to

6-13  provide services and a plan for the development and distribution of

6-14  services and programs throughout [the] this state.

6-15    (b) A plan for programs to educate the public in the problems of the

6-16  abuse of alcohol and other drugs.

6-17    (c) A survey of the need for [trained teachers,] persons who have

6-18  professional training in fields of health and [others] other persons involved

6-19  in the [education and] prevention of alcohol and drug abuse and in the

6-20  treatment and recovery of alcohol and drug abusers, and a plan to provide

6-21  the necessary treatment.

6-22  In developing and revising the state plan, the [bureau] health division shall

6-23  consider, [among other things,] without limitation, the amount of money

6-24  available from the Federal Government for alcohol and drug abuse

6-25  programs and the conditions attached to the acceptance of [the] that

6-26  money, and the limitations of legislative appropriations for alcohol and

6-27  drug abuse programs.

6-28    2.  Is responsible for coordinating efforts to carry out the state plan and

6-29  coordinating all state and federal financial support of alcohol and drug

6-30  abuse programs in [the state. The bureau must] this state.

6-31    3.  Must be consulted in the planning of projects and advised of all

6-32  applications for grants from within [the] this state which are concerned

6-33  with alcohol and drug abuse programs, and shall review the applications

6-34  and advise the applicants concerning the applications.

6-35    [3.  Shall develop and publish standards of certification and may]

6-36    4.  Shall certify or deny certification of any halfway houses for alcohol

6-37  and drug abusers, facilities, programs or personnel on the basis of the

6-38  standards [,] established by the board pursuant to this section, and publish

6-39  a list of certified halfway houses for alcohol and drug abusers, facilities,

6-40  programs and personnel. Any facilities, programs or personnel which are

6-41  not certified are ineligible to receive state and federal money for alcohol

6-42  and drug abuse programs. The [chief:

6-43    (a) Shall establish] board shall adopt regulations. The regulations:

6-44    (a) Must prescribe the standards for certification of halfway houses

6-45  for alcohol and drug abusers, facilities, programs and personnel;

6-46    (b) Must prescribe the requirements for continuing education for

6-47  persons certified as counselors and administrators of the programs; and

6-48    [(b) May set]

7-1    (c) May prescribe the fees for the certification of halfway houses for

7-2  alcohol and drug abusers, facilities, programs or personnel. [The fees] A

7-3  fee prescribed pursuant to this paragraph must be calculated to produce

7-4  the revenue estimated to cover the costs related to the certifications, but in

7-5  no case may [the] a fee for a certificate exceed the actual cost to the

7-6  [bureau] health division of issuing the certificate.

7-7    [4.] 5. Upon request from a facility which is self-supported, may

7-8  certify the facility, its programs and personnel and add them to the list of

7-9  certified facilities, programs and personnel.

7-10    Sec. 9.  NRS 458.026 is hereby amended to read as follows:

7-11    458.026  1.  An applicant for the issuance or renewal of his

7-12  certification as personnel of an alcohol or drug abuse program or a facility,

7-13  or as the operator of a halfway house for alcohol and drug abusers, [shall]

7-14  must submit to the [bureau] health division the statement prescribed by the

7-15  welfare division of the department of human resources pursuant to NRS

7-16  425.520. The statement must be completed and signed by the applicant.

7-17    2.  The [bureau] health division shall include the statement required

7-18  pursuant to subsection 1 in:

7-19    (a) The application or any other forms that must be submitted for the

7-20  issuance or renewal of the certification; or

7-21    (b) A separate form prescribed by the [bureau.] health division.

7-22    3.  The certification of a person as personnel of an alcohol or drug

7-23  abuse program or a facility, or as the operator of a halfway house for

7-24  alcohol and drug abusers, may not be issued or renewed by the [bureau]

7-25  health division if the applicant:

7-26    (a) Fails to complete or submit the statement required pursuant to

7-27  subsection 1; or

7-28    (b) Indicates on the statement submitted pursuant to subsection 1 that he

7-29  is subject to a court order for the support of a child and is not in

7-30  compliance with the order or a plan approved by the district attorney or

7-31  other public agency enforcing the order for the repayment of the amount

7-32  owed pursuant to the order.

7-33    4.  If an applicant indicates on the statement submitted pursuant to

7-34  subsection 1 that he is subject to a court order for the support of a child and

7-35  is not in compliance with the order or a plan approved by the district

7-36  attorney or other public agency enforcing the order for the repayment of

7-37  the amount owed pursuant to the order, the [director] administrator shall

7-38  advise the applicant to contact the district attorney or other public agency

7-39  enforcing the order to determine the actions that the applicant may take to

7-40  satisfy the arrearage.

7-41    Sec. 10.  NRS 458.027 is hereby amended to read as follows:

7-42    458.027  1.  If the [bureau] health division receives a copy of a court

7-43  order issued pursuant to NRS 425.540 that provides for the suspension of

7-44  all professional, occupational and recreational licenses, certificates and

7-45  permits issued to a person who has been certified as personnel of an

7-46  alcohol and drug abuse program or a facility, or as the operator of a

7-47  halfway house for alcohol and drug abusers, the [bureau] health division

7-48  shall deem the certification to be suspended at the end of the 30th day after

7-49  the date on which the court order was issued unless the [bureau] health

8-1  division receives a letter issued by the district attorney or other public

8-2  agency pursuant to NRS 425.550 to the person who has been certified

8-3  stating that the person has complied with the subpoena or warrant or has

8-4  satisfied the arrearage pursuant to NRS 425.560.

8-5    2.  The [bureau] health division shall reinstate the certification of a

8-6  person as personnel of an alcohol and drug abuse program or a facility, or

8-7  as the operator of a halfway house for alcohol and drug abusers, that has

8-8  been suspended by a district court pursuant to NRS 425.540 if the [bureau]

8-9  health division receives a letter issued by the district attorney or other

8-10  public agency pursuant to NRS 425.550 to the person whose certification

8-11  was suspended stating that the person whose certification was suspended

8-12  has complied with the subpoena or warrant or has satisfied the arrearage

8-13  pursuant to NRS 425.560.

8-14    Sec. 11.  NRS 458.031 is hereby amended to read as follows:

8-15    458.031  The [department] health division shall administer the

8-16  provisions of NRS 458.010 to 458.350, inclusive, as the sole agency of the

8-17  State of Nevada for that purpose.

8-18    Sec. 12.  NRS 458.035 is hereby amended to read as follows:

8-19    458.035  The [department] health division may contract with any

8-20  appropriate public or private agency, organization or institution to carry out

8-21  the provisions of NRS 458.010 to 458.350, inclusive.

8-22    Sec. 13.  NRS 458.055 is hereby amended to read as follows:

8-23    458.055  1.  To preserve the confidentiality of any information

8-24  concerning persons applying for or receiving any services pursuant to NRS

8-25  458.010 to 458.350, inclusive, the [bureau] health division may establish

8-26  and enforce rules governing the confidential nature, custody, use and

8-27  preservation of the records, files and communications filed with the

8-28  [bureau.] health division.

8-29    2.  Wherever information concerning persons applying for and

8-30  receiving any services pursuant to NRS 458.010 to 458.350, inclusive, is

8-31  furnished to or held by any other government agency or a public or private

8-32  institution, the use of that information by the agency or institution is

8-33  subject to the rules established by the [bureau] health division pursuant to

8-34  subsection 1.

8-35    3.  Except as otherwise provided in NRS 442.300 to 442.330, inclusive,

8-36  and 449.705 and chapter 629 of NRS and except for purposes directly

8-37  connected with the administration of NRS 458.010 to 458.350, inclusive, a

8-38  person shall not disclose, use or [permit to be disclosed,] authorize the

8-39  disclosure of any confidential information concerning a person receiving

8-40  services pursuant to NRS 458.010 to 458.350, inclusive.

8-41    Sec. 14.  NRS 458.080 is hereby amended to read as follows:

8-42    458.080  The [bureau] health division may, by contracting with

8-43  organized groups, render partial financial assistance in the operation of

8-44  facilities established by these groups. Each such contract [shall] must

8-45  contain a provision allowing for an audit of all accounts, books and other

8-46  financial records of the organization with which the agency contracts.

8-47    Sec. 15.  NRS 458.097 is hereby amended to read as follows:

8-48    458.097  Money received by the [bureau] health division pursuant to

8-49  NRS 369.174 must be used to increase services for the prevention of

9-1  alcohol abuse and alcoholism and for the detoxification and rehabilitation

9-2  of abusers. In allocating the money for the increase of services, the

9-3  [bureau] health division shall give priority to:

9-4    1.  The areas where there exists a shortage of [personnel to conduct

9-5  treatment] services for the treatment of alcoholism and alcohol abuse. The

9-6  [bureau] health division shall determine the areas of shortage on the basis

9-7  of data available from state and local agencies, data contained in the

9-8  comprehensive state plan for alcohol and drug abuse programs, and other

9-9  appropriate data.

9-10    2.  The needs of counties to provide civil protective custody, pursuant

9-11  to NRS 458.270, for persons who are found in public places while under

9-12  the influence of alcohol.

9-13    3.  Alcohol and drug abuse programs that are primarily directed toward

9-14  the prevention of such abuse.

9-15    Sec. 16.  NRS 458.098 is hereby amended to read as follows:

9-16    458.098  1.  The tax on liquor program account is hereby created in

9-17  the state general fund.

9-18    2.  Money in the account that is received pursuant to NRS 369.174

9-19  must be used for the purposes specified in NRS 458.097.

9-20    3.  All claims must be approved by the [chief] administrator before

9-21  they are paid.

9-22    Sec. 17.  NRS 458.100 is hereby amended to read as follows:

9-23    458.100  1.  All gifts or grants of money for an alcohol and drug

9-24  abuse program which the [bureau] health division is authorized to accept

9-25  must be deposited in the state treasury for credit to the state grant and gift

9-26  account for alcohol and drug abuse which is hereby created in the

9-27  department of human resources’ gift fund.

9-28    2.  Money in the account must be used to carry out the provisions of

9-29  NRS 458.010 to 458.350, inclusive . [, and other programs or laws

9-30  administered by the bureau.]

9-31    3.  All claims must be approved by the [chief] administrator before

9-32  they are paid.

9-33    Sec. 18.  NRS 458.103 is hereby amended to read as follows:

9-34    458.103  The [bureau] health division may accept:

9-35    1.  [Funds] Money appropriated and made available by any Act of

9-36  Congress for any alcohol and drug abuse program administered by the

9-37  [bureau] health division as provided by law.

9-38    2.  [Funds] Money appropriated and made available by the State of

9-39  Nevada or by a county, a city, a public district or any political subdivision

9-40  of this state for any alcohol and drug abuse program administered by the

9-41  [bureau] health division as provided by law.

9-42    Sec. 19.  NRS 458.104 is hereby amended to read as follows:

9-43    458.104  1.  If the [director] administrator determines that current

9-44  claims exceed the amount of money available to the [bureau] health

9-45  division because of a delay in the receipt of money from federal grants, he

9-46  may request from the director of the department of administration a

9-47  temporary advance from the state general fund for the payment of

9-48  authorized expenses.

10-1    2.  The director of the department of administration shall notify the

10-2  state controller and the fiscal analysis division of the legislative counsel

10-3  bureau of his approval of a request made pursuant to subsection 1. The

10-4  state controller shall draw his warrant upon receipt of the approval by the

10-5  director of the department of administration.

10-6    3.  An advance from the state general fund:

10-7    (a) Must be approved by the director of the department of

10-8  administration for use pursuant to NRS 458.080; and

10-9    (b) Is limited to 25 percent of the [revenues] revenue expected to be

10-10  received in the current fiscal year from any source other than legislative

10-11  appropriation.

10-12  4.  Any money which is temporarily advanced from the state general

10-13  fund to the [bureau] health division pursuant to this section must be repaid

10-14  by August 31 following the end of the fiscal year during which the money

10-15  was advanced.

10-16  Sec. 20.  NRS 458.105 is hereby amended to read as follows:

10-17  458.105  The [chief] health division may fix and collect reasonable

10-18  fees for the sale of miscellaneous printed materials pertaining to alcohol

10-19  and drug abuse which are purchased or prepared by the [bureau. Such fees

10-20  shall] health division. The fees must be deposited in the state treasury to

10-21  the credit of the general fund.

10-22  Sec. 21.  NRS 458.110 is hereby amended to read as follows:

10-23  458.110  In addition to the activities set forth in NRS 458.025 to

10-24  458.115, inclusive, the [bureau] health division may engage in any activity

10-25  necessary to effectuate the purposes of NRS 458.010 to 458.350, inclusive.

10-26  Sec. 22.  NRS 458.115 is hereby amended to read as follows:

10-27  458.115  Money to carry out the provisions of NRS 458.010 to

10-28  458.350, inclusive, must be provided by direct legislative appropriation

10-29  from the state general fund and paid out on claims as other claims against

10-30  the state are paid. All claims must be approved by the [chief] administrator

10-31  before they are paid.

10-32  Sec. 23.  NRS 458.125 is hereby amended to read as follows:

10-33  458.125  1.  The [bureau] health division shall prepare requests for

10-34  proposals for the provision by facilities of:

10-35  (a) Residential treatment of adolescents who engage in substance abuse;

10-36  (b) Outpatient treatment of adolescents who engage in substance abuse;

10-37  (c) Comprehensive evaluations of adolescents with problems relating to

10-38  substance abuse or mental illness, or both; and

10-39  (d) Transitional housing for adolescents who engage in substance abuse.

10-40  2.  Upon accepting a proposal submitted in accordance with this

10-41  section, the [bureau] health division may advance not more than 8 percent

10-42  of the amount of the proposal to the facility that submitted the proposal to

10-43  help defray the costs of starting the provision of the services, including,

10-44  without limitation, the cost of beds, equipment and rental space for

10-45  expansion.

10-46  3.  The [bureau] health division shall establish such requirements for

10-47  the requests for proposals as it determines necessary.

11-1    4.  The [bureau] health division shall hire, to the extent of legislative

11-2  authorization, such staff as it determines necessary to carry out the

11-3  provisions of this section and NRS 458.131.

11-4    Sec. 24.  NRS 458.131 is hereby amended to read as follows:

11-5    458.131  The [bureau] health division shall, on or before September 1

11-6  of each odd-numbered year, submit to the director of the department of

11-7  human resources a report covering the biennium ending on June 30 of that

11-8  year. The report must include:

11-9    1.  The name of each facility that received money pursuant to NRS

11-10  458.125 during the biennium, and the amount of money that each facility

11-11  received for each type of service provided;

11-12  2.  If a facility received money pursuant to NRS 458.125 during the

11-13  biennium to help defray the costs of starting the provision of services, the

11-14  name of the facility, the amount of money received and an accounting of

11-15  how the money was used;

11-16  3.  The number of adolescents who received any of the services

11-17  described in NRS 458.125 from [such] those facilities during the biennium,

11-18  and the number of adolescents who were receiving [such] those services as

11-19  of the end of the biennium; and

11-20  4.  As of the end of the biennium:

11-21  (a) The number of adolescents on waiting lists to receive the services

11-22  described in NRS 458.125; and

11-23  (b) An estimate of the number of other adolescents in this state who are

11-24  in need of the services described in NRS 458.125.

11-25  Sec. 25.  NRS 458.141 is hereby amended to read as follows:

11-26  458.141  1.  No person, state or local government or agency thereof

11-27  may operate or maintain in this state a halfway house for alcohol and drug

11-28  abusers without first obtaining a certificate therefor from the [bureau.]

11-29  health division.

11-30  2.  A person who operates a halfway house for alcohol and drug

11-31  abusers without a certificate issued by the [bureau] health division is guilty

11-32  of a misdemeanor.

11-33  Sec. 26.  NRS 458.145 is hereby amended to read as follows:

11-34  458.145  Each certificate issued by the [bureau] health division to a

11-35  halfway house for alcohol and drug abusers expires on the [first] December

11-36  31 following its issuance and is renewable for 1 year upon reapplication

11-37  and payment of a renewal fee established pursuant to NRS 458.025.

11-38  Sec. 27.  NRS 458.151 is hereby amended to read as follows:

11-39  458.151  The [bureau] health division may:

11-40  1.  Upon receipt of an application for certification as a halfway house

11-41  for alcohol and drug abusers, conduct an investigation into the premises,

11-42  qualifications of personnel, methods of operation, policies and purposes of

11-43  any person proposing to engage in the operation of that halfway house.

11-44  2.  Upon receipt of a complaint against a halfway house for alcohol and

11-45  drug abusers, conduct an investigation into the premises, qualification of

11-46  personnel, methods of operation, policies, procedures and records of that

11-47  halfway house.

12-1    3.  Inspect a halfway house for alcohol and drug abusers at any time,

12-2  with or without notice, as often as is necessary to ensure compliance with

12-3  all applicable regulations and standards adopted by the [bureau.] board.

12-4    Sec. 28.  NRS 458.155 is hereby amended to read as follows:

12-5    458.155  1.  If a halfway house for alcohol and drug abusers violates

12-6  any provisions related to its certification, including, without limitation, any

12-7  law of this state or any applicable condition, standard or regulation adopted

12-8  by the [bureau, the bureau] board, the health division may:

12-9    (a) Suspend or revoke its certification; and

12-10  (b) Impose an administrative fine of not more than $1,000 per day for

12-11  each violation, together with interest thereon at a rate not to exceed 10

12-12  percent per annum.

12-13  2.  If a halfway house for alcohol and drug abusers fails to pay an

12-14  administrative fine imposed pursuant to subsection 1, the [bureau] health

12-15  division may:

12-16  (a) Suspend the certificate of the halfway house until the administrative

12-17  fine is paid; and

12-18  (b) Collect court costs, reasonable attorney’s fees and other costs

12-19  incurred to collect the administrative fine.

12-20  3.  Any money collected as an administrative fine must be deposited in

12-21  the state general fund. If money is needed to pay the costs of an

12-22  investigation or inspection to carry out the provisions of NRS 458.141 to

12-23  458.171, inclusive, the [bureau] health division may present a claim to the

12-24  state board of examiners for recommendation to the interim finance

12-25  committee.

12-26  Sec. 29.  NRS 458.161 is hereby amended to read as follows:

12-27  458.161  The [bureau] board shall adopt such regulations as are

12-28  necessary to carry out the provisions of NRS 458.141 to 458.171,

12-29  inclusive.

12-30  Sec. 30.  NRS 458.165 is hereby amended to read as follows:

12-31  458.165  1.  The [bureau] health division may bring an action in the

12-32  name of the state to enjoin any person, state or local government or agency

12-33  thereof from operating or maintaining a halfway house for alcohol and

12-34  drug abusers:

12-35  (a) Without first obtaining a certificate therefor[;] from the health

12-36  division; or

12-37  (b) After such a certificate has been revoked or suspended by the

12-38  [bureau.] health division.

12-39  2.  It is sufficient in such an action to allege that the defendant did, on a

12-40  certain date and in a certain place, operate and maintain such a halfway

12-41  house without a certificate.

12-42  Sec. 31.  NRS 458.171 is hereby amended to read as follows:

12-43  458.171  The district attorney of the county in which a halfway house

12-44  for alcohol and drug abusers is located shall, upon application by the

12-45  [bureau,] health division, institute and conduct the prosecution of any

12-46  action for the violation of NRS 458.141.

12-47  Sec. 32.  NRS 458.250 is hereby amended to read as follows:

12-48  458.250  The legislature finds and declares that the handling of alcohol

12-49  abusers within the criminal justice system is ineffective, whereas treating

13-1  alcohol abuse as a health problem allows its prevention and treatment and

13-2  relieves law enforcement agencies of a large and inappropriate burden. The

13-3  provisions of NRS 458.250 to 458.280, inclusive, are intended to provide

13-4  for the prevention of alcohol abuse and the treatment of alcohol abusers.

13-5  The provisions of NRS 458.250 to 458.280, inclusive, are further intended

13-6  to transfer the handling of public intoxication from statutes providing

13-7  criminal sanctions, [such as] including, without limitation, loitering and

13-8  vagrancy, to statutes providing for civil protective custody. To accomplish

13-9  these purposes, the department of human resources shall continue to direct

13-10  itself to the problem of alcohol abuse at large, attempting to combat the

13-11  problem [on] at the community level.

13-12  Sec. 33.  NRS 458.270 is hereby amended to read as follows:

13-13  458.270  1.  Except as otherwise provided in subsection 7, a person

13-14  who is found in any public place under the influence of alcohol, in such a

13-15  condition that he is unable to exercise care for his [own] health or safety or

13-16  the health or safety of [others,] other persons, must be placed under civil

13-17  protective custody by a peace officer.

13-18  2.  A peace officer may use upon such a person [that] the kind and

13-19  degree of force which would be lawful if he were effecting an arrest for a

13-20  misdemeanor with a warrant.

13-21  3.  If a licensed facility for the treatment of persons who abuse alcohol

13-22  exists in the community where the person is found, he must be delivered to

13-23  the facility for observation and care. If no such facility exists in the

13-24  community, the person so found may be placed in a county or city jail or

13-25  detention facility for shelter or supervision for his [own] health and safety

13-26  until he is no longer under the influence of alcohol. He may not be required

13-27  against his will to remain in [either] a licensed facility, jail or detention

13-28  facility longer than 48 hours.

13-29  4.  An intoxicated person taken into custody by a peace officer for a

13-30  public offense must immediately be taken to a secure detoxification unit or

13-31  other appropriate medical facility if his condition appears to require

13-32  emergency medical treatment. Upon release from the detoxification unit or

13-33  medical facility, the person must immediately be remanded to the custody

13-34  of the apprehending peace officer and the criminal proceedings proceed as

13-35  prescribed by law.

13-36  5.  The placement of a person found under the influence of alcohol in

13-37  civil protective custody must be:

13-38  (a) Recorded at the facility, jail or detention facility to which he is

13-39  delivered; and

13-40  (b) Communicated at the earliest practical time to his family or next of

13-41  kin if they can be located . [and to the department or to a local alcohol

13-42  abuse authority designated by the department.]

13-43  6.  Every peace officer and other public employee or agency acting

13-44  pursuant to this section is performing a discretionary function or duty.

13-45  7.  The provisions of this section do not apply to a person who is

13-46  apprehended or arrested for:

13-47  (a) A civil or administrative violation for which intoxication is an

13-48  element of the violation pursuant to the provisions of a specific statute or

13-49  regulation;

14-1    (b) A criminal offense for which intoxication is an element of the

14-2  offense pursuant to the provisions of a specific statute or regulation;

14-3    (c) A homicide resulting from driving, operating or being in actual

14-4  physical control of a vehicle or a vessel under power or sail while under the

14-5  influence of intoxicating liquor or a controlled substance or resulting from

14-6  any other conduct prohibited by NRS 484.379, 484.3795, subsection 2 of

14-7  NRS 488.400, NRS 488.410 or 488.420; and

14-8    (d) Any offense or violation which is similar to an offense or violation

14-9  described in paragraph (a), (b) or (c) and which is set forth in an ordinance

14-10  or resolution of a county, city or town.

14-11  Sec. 34.  NRS 458.370 is hereby amended to read as follows:

14-12  458.370  As used in NRS 458.370 to 458.441, inclusive, unless the

14-13  context otherwise requires[, “commission”] :

14-14  1.  “Alcohol and drug abuse program” means a project concerned

14-15  with education, prevention and treatment directed toward achieving the

14-16  mental and physical restoration of alcohol and drug abusers.

14-17  2.  “Commission” means the commission on substance abuse

14-18  education, prevention, enforcement and treatment.

14-19  3.  “Health division” means the health division of the department of

14-20  human resources.

14-21  Sec. 35.  NRS 458.380 is hereby amended to read as follows:

14-22  458.380  1.  The commission on substance abuse education,

14-23  prevention, enforcement and treatment is hereby created within the

14-24  department of motor vehicles and public safety.

14-25  2.  The governor shall appoint as voting members of the commission:

14-26  (a) Three members who represent the criminal justice system and are

14-27  knowledgeable in the areas of the enforcement of laws relating to drugs,

14-28  parole and probation and the judicial system, at least one of whom is a

14-29  peace officer;

14-30  (b) Three members who represent education and are knowledgeable

14-31  about programs for the prevention of abuse of drugs and alcohol, at least

14-32  one of whom is a licensed employee of a local school district;

14-33  (c) Three members who represent programs and organizations for the

14-34  rehabilitation of persons who abuse drugs and alcohol, at least one of

14-35  whom is a manager of a program accredited by [the] this state to treat

14-36  persons who abuse drugs and alcohol;

14-37  (d) One member who is employed by the [bureau] health division and

14-38  has experience in matters concerning budgeting and experience in working

14-39  with the alcohol and drug abuse programs of the [bureau;] health

14-40  division;

14-41  (e) One member who is employed by the division of mental health and

14-42  developmental services of the department of human resources who has

14-43  relevant experience, which may include, without limitation, experience in

14-44  matters concerning budgeting and experience in working with programs of

14-45  the division of mental health and developmental services of the department

14-46  of human resources;

14-47  (f) One member who represents the interests of private businesses

14-48  concerning substance abuse in the workplace; and

15-1    (g) Three members who represent the general public, one of whom is

15-2  the parent of a child who has a mental illness or who has or has had a

15-3  problem with substance abuse.

15-4    3.  At least three of the voting members of the commission must be

15-5  representatives of northern Nevada, three must be representatives of

15-6  southern Nevada and three must be representatives of rural Nevada.

15-7    4.  The legislative commission shall appoint one member of the senate

15-8  and one member of the assembly to serve as nonvoting members of the

15-9  commission. [Such] Those members must be appointed with appropriate

15-10  regard for their experience with and knowledge of matters relating to

15-11  substance abuse education, prevention, enforcement and treatment.

15-12  5.  The director of the department of human resources, the

15-13  superintendent of public instruction, the director of the department of

15-14  employment, training and rehabilitation, the director of the department of

15-15  prisons, the attorney general and the director of the department of motor

15-16  vehicles and public safety are ex officio nonvoting members of the

15-17  commission. An ex officio member may designate a representative to serve

15-18  in his place on the commission or to attend a meeting of the commission in

15-19  his place. Each ex officio member or his representative shall attend each

15-20  meeting of the commission and provide any information which the

15-21  commission requests.

15-22  6.  The term of office of each voting member of the commission is 2

15-23  years.

15-24  7.  The governor shall appoint one member who is not an elected

15-25  [official] officer to serve as chairman of the commission.

15-26  8.  Each member of the commission is entitled to receive the per diem

15-27  allowance and travel expenses provided for state officers and employees

15-28  generally.

15-29  9.  Except during a regular or special session of the legislature, each

15-30  legislative member of the commission is entitled to receive the

15-31  compensation provided for a majority of the members of the legislature

15-32  during the first 60 days of the preceding regular session for each day or

15-33  portion of a day during which he attends a meeting of the commission or is

15-34  otherwise engaged in the business of the commission. The salaries and

15-35  expenses of the legislative members of the commission must be paid from

15-36  the legislative fund.

15-37  Sec. 36.  NRS 458.420 is hereby amended to read as follows:

15-38  458.420  The commission shall:

15-39  1.  Develop, coordinate and adopt a state master plan. The plan:

15-40  (a) May include, without limitation, any plans and reports developed by

15-41  state and local agencies, task forces, councils, committees and community

15-42  programs for substance abuse education, prevention, enforcement and

15-43  treatment.

15-44  (b) Must include:

15-45     (1) A summary of the current activities of the commission;

15-46     (2) The goals and objectives of the commission;

15-47     (3) The order of priority concerning the efforts required to achieve

15-48  the goals and objectives of the commission; and

16-1      (4) Suggestions and advice to the [bureau] health division concerning

16-2  the alcohol and drug abuse programs of the [bureau.] health division.

16-3    2.  Prepare and deliver to the governor on or before July 1 of each

16-4  even-numbered year a report that summarizes the status of the state master

16-5  plan and of the efforts of the commission to achieve its goals and

16-6  objectives.

16-7    3.  Hold and coordinate public hearings throughout [the] this state as

16-8  are necessary to receive information from the public relating to education

16-9  concerning the abuse of drugs and alcohol, prevention and treatment of the

16-10  abuse of drugs and alcohol and the enforcement of laws relating to drugs

16-11  and alcohol.

16-12  4.  Recommend to the governor annually any proposed legislation

16-13  relating to education concerning the abuse of drugs and alcohol, prevention

16-14  and treatment of the abuse of drugs and alcohol and enforcement of laws

16-15  relating to drugs and alcohol.

16-16  5.  Make grants of available money to programs that provide substance

16-17  abuse education, prevention, enforcement and treatment and to

16-18  organizations that evaluate [such] those programs.

16-19  6.  Collect, evaluate and disseminate information concerning:

16-20  (a) The performance of the programs for drug abuse education,

16-21  prevention, enforcement and treatment; and

16-22  (b) Proposed legislation relating to drug abuse education, prevention,

16-23  enforcement and treatment.

16-24  7.  Establish a program to recognize publicly persons and programs that

16-25  have helped to prevent and treat the abuse of drugs and alcohol and enforce

16-26  laws relating to drugs and alcohol in this state.

16-27  Sec. 37.  NRS 4.373 is hereby amended to read as follows:

16-28  4.373  1.  Except as otherwise provided in subsection 2, NRS

16-29  211A.127 or another specific statute, or unless the suspension of a sentence

16-30  is expressly forbidden, a justice of the peace may suspend, for not more

16-31  than 1 year, the sentence of a person convicted of a misdemeanor. [When]

16-32  If the circumstances warrant, the justice of the peace may order as a

16-33  condition of suspension that the offender:

16-34  (a) Make restitution to the owner of any property that is lost, damaged

16-35  or destroyed as a result of the commission of the offense;

16-36  (b) Engage in a program of work for the benefit of the community, for

16-37  not more than 200 hours;

16-38  (c) Actively participate in a program of professional counseling at the

16-39  expense of the offender;

16-40  (d) Abstain from the use of alcohol and controlled substances;

16-41  (e) Refrain from engaging in any criminal activity;

16-42  (f) Engage or refrain from engaging in any other conduct deemed

16-43  appropriate by the justice of the peace;

16-44  (g) Submit to a search and seizure by the chief of a department of

16-45  alternative sentencing, an assistant alternative sentencing officer or any

16-46  other law enforcement officer at any time of the day or night without a

16-47  search warrant; and

16-48  (h) Submit to periodic tests to determine whether the offender is using a

16-49  controlled substance or consuming alcohol.

17-1    2.  If a person is convicted of a misdemeanor that constitutes domestic

17-2  violence pursuant to NRS 33.018, the justice of the peace may, after the

17-3  person has served any mandatory minimum period of confinement,

17-4  suspend the remainder of the sentence of the person for not more than 3

17-5  years upon the condition that the person actively participate in:

17-6    (a) A program of treatment for the abuse of alcohol or drugs which is

17-7  certified by the [bureau of alcohol and drug abuse in] health division of the

17-8  department of human resources;

17-9    (b) A program for the treatment of persons who commit domestic

17-10  violence that has been certified pursuant to NRS 228.470; or

17-11  (c) [Both] The programs set forth in paragraphs (a) and (b),

17-12  and that he comply with any other condition of suspension ordered by the

17-13  justice of the peace.

17-14  3.  The justice of the peace may order reports from a person whose

17-15  sentence is suspended at such times as he deems appropriate concerning

17-16  the compliance of the offender with the conditions of suspension. If the

17-17  offender complies with the conditions of suspension to the satisfaction of

17-18  the justice of the peace, the sentence may be reduced to not less than the

17-19  minimum period of confinement established for the offense.

17-20  4.  The justice of the peace may issue a warrant for the arrest of an

17-21  offender who violates or fails to fulfill a condition of suspension.

17-22  Sec. 38.  NRS 5.055 is hereby amended to read as follows:

17-23  5.055  1.  Except as otherwise provided in subsection 2, NRS

17-24  211A.127 or another specific statute, or unless the suspension of a sentence

17-25  is expressly forbidden, a municipal judge may suspend, for not more than 1

17-26  year, the sentence of a person convicted of a misdemeanor. [When] If the

17-27  circumstances warrant, the municipal judge may order as a condition of

17-28  suspension that the offender:

17-29  (a) Make restitution to the owner of any property that is lost, damaged

17-30  or destroyed as a result of the commission of the offense;

17-31  (b) Engage in a program of work for the benefit of the community, for

17-32  not more than 200 hours;

17-33  (c) Actively participate in a program of professional counseling at the

17-34  expense of the offender;

17-35  (d) Abstain from the use of alcohol and controlled substances;

17-36  (e) Refrain from engaging in any criminal activity;

17-37  (f) Engage or refrain from engaging in any other conduct deemed

17-38  appropriate by the municipal judge;

17-39  (g) Submit to a search and seizure by the chief of a department of

17-40  alternative sentencing, an assistant alternative sentencing officer or any

17-41  other law enforcement officer at any time of the day or night without a

17-42  search warrant; and

17-43  (h) Submit to periodic tests to determine whether the offender is using

17-44  any controlled substance or alcohol.

17-45  2.  If a person is convicted of a misdemeanor that constitutes domestic

17-46  violence pursuant to NRS 33.018, the municipal judge may, after the

17-47  person has served any mandatory minimum period of confinement,

17-48  suspend the remainder of the sentence of the person for not more than 3

17-49  years upon the condition that the person actively participate in:

18-1    (a) A program of treatment for the abuse of alcohol or drugs which is

18-2  certified by the [bureau of alcohol and drug abuse in] health division of the

18-3  department of human resources;

18-4    (b) A program for the treatment of persons who commit domestic

18-5  violence that has been certified pursuant to NRS 228.470; or

18-6    (c) [Both] The programs set forth in paragraphs (a) and (b),

18-7  and that he comply with any other condition of suspension ordered by the

18-8  municipal judge.

18-9    3.  The municipal judge may order reports from a person whose

18-10  sentence is suspended at such times as he deems appropriate concerning

18-11  the compliance of the offender with the conditions of suspension. If the

18-12  offender complies with the conditions of suspension to the satisfaction of

18-13  the municipal judge, the sentence may be reduced to not less than the

18-14  minimum period of confinement established for the offense.

18-15  4.  The municipal judge may issue a warrant for the arrest of an

18-16  offender who violates or fails to fulfill a condition of suspension.

18-17  Sec. 39.  NRS 62.2275 is hereby amended to read as follows:

18-18  62.2275  1.  If a child within the jurisdiction of the juvenile court is

18-19  found by the juvenile court to have committed:

18-20  (a) An unlawful act in violation of NRS 484.379 or 484.3795;

18-21  (b) The unlawful act of using, possessing, selling or distributing a

18-22  controlled substance; or

18-23  (c) The unlawful act of purchasing, consuming or possessing an

18-24  alcoholic beverage in violation of NRS 202.020,

18-25  the judge, or his authorized representative, shall require the child to

18-26  undergo an evaluation to determine if the child is an abuser of alcohol or

18-27  other drugs.

18-28  2.  The evaluation of a child pursuant to this section:

18-29  (a) Must be conducted by:

18-30     (1) An alcohol and drug abuse counselor who is licensed or certified

18-31  or an alcohol and drug abuse counselor intern who is certified pursuant to

18-32  chapter 641C of NRS to make that classification; or

18-33     (2) A physician who is certified to make that classification by the

18-34  board of medical examiners,

18-35  who shall report to the judge the results of the evaluation and make a

18-36  recommendation to the judge concerning the length and type of treatment

18-37  required by the child.

18-38  (b) May be conducted at an evaluation center.

18-39  3.  The judge shall:

18-40  (a) Order the child to undergo a program of treatment as recommended

18-41  by the person who conducted the evaluation pursuant to subsection 2.

18-42  (b) Require the treatment facility to submit monthly reports on the

18-43  treatment of the child pursuant to this section.

18-44  (c) Order the child, if he is at least 18 years of age or an emancipated

18-45  minor, or the parent or legal guardian of the child, to the extent of the

18-46  financial resources of the child or his parent or legal guardian, to pay any

18-47  charges relating to the evaluation and treatment of the child pursuant to this

18-48  section. If the child, or his parent or legal guardian, does not have the

18-49  financial resources to pay all those charges:

19-1      (1) The judge shall, to the extent possible, arrange for the child to

19-2  receive treatment from a treatment facility which receives a sufficient

19-3  amount of federal or state money to offset the remainder of the costs; and

19-4      (2) The judge may order the child to perform supervised work for the

19-5  benefit of the community in lieu of paying the charges relating to his

19-6  evaluation and treatment. The work must be performed for and under the

19-7  supervising authority of a county, city, town or other political subdivision

19-8  or agency of the State of Nevada or a charitable organization that renders

19-9  service to the community or its residents. The court may require the child

19-10  or his parent or legal guardian to deposit with the court a reasonable sum of

19-11  money to pay for the cost of policies of insurance against liability for

19-12  personal injury and damage to property or for industrial insurance, or both,

19-13  during those periods in which the child performs the work, unless, in the

19-14  case of industrial insurance, it is provided by the authority for which he

19-15  performs the work.

19-16  4.  A treatment facility is not liable for any damages to person or

19-17  property caused by a child who:

19-18  (a) Drives, operates or is in actual physical control of a vehicle or a

19-19  vessel under power or sail while under the influence of intoxicating liquor

19-20  or a controlled substance; or

19-21  (b) Engages in any other conduct prohibited by NRS 484.379,

19-22  484.3795, subsection 2 of NRS 488.400, NRS 488.410 or 488.420 or a law

19-23  of any other jurisdiction that prohibits the same or similar conduct,

19-24  after the treatment facility has certified to his successful completion of a

19-25  program of treatment ordered pursuant to this section.

19-26  5.  The provisions of this section do not prohibit a judge from:

19-27  (a) Requiring an evaluation to be conducted by a person who is

19-28  employed by a private company if the company meets the standards of the

19-29  [bureau of alcohol and drug abuse.] health division of the department of

19-30  human resources. The evaluation may be conducted at an evaluation

19-31  center pursuant to paragraph (b) of subsection 2.

19-32  (b) Ordering the child to attend a program of treatment which is

19-33  administered by a private company.

19-34  6.  All information relating to the evaluation or treatment of a child

19-35  pursuant to this section is confidential and, except as otherwise authorized

19-36  by the provisions of this chapter or the juvenile court, must not be

19-37  disclosed to any person other than the juvenile court, the child and his

19-38  attorney, if any, his parents or guardian, the prosecuting attorney and any

19-39  other person for whom the communication of that information is necessary

19-40  to effectuate the evaluation or treatment of the child. A record of any

19-41  finding that a child has violated the provisions of NRS 484.379 or

19-42  484.3795 must be included in the driver’s record of that child for 7 years

19-43  after the date of the offense.

19-44  7.  As used in this section:

19-45  (a) [“Bureau of alcohol and drug abuse” means the bureau of alcohol

19-46  and drug abuse in the department of human resources.

19-47  (b)]“Evaluation center” has the meaning ascribed to it in NRS

19-48  484.3793.

20-1    [(c)] (b) “Treatment facility” has the meaning ascribed to it in NRS

20-2  484.3793.

20-3    Sec. 40.  NRS 200.485 is hereby amended to read as follows:

20-4    200.485  1.  Unless a greater penalty is provided pursuant to NRS

20-5  200.481, a person convicted of a battery that constitutes domestic violence

20-6  pursuant to NRS 33.018:

20-7    (a) For the first offense within the immediately preceding 7 years, is

20-8  guilty of a misdemeanor and shall be sentenced to:

20-9      (1) Imprisonment in the city or county jail or detention facility for not

20-10  less than 2 days, but not more than 6 months; and

20-11     (2) Perform not less than 48 hours, but not more than 120 hours, of

20-12  community service.

20-13  The person shall be further punished by a fine of not less than $200, but not

20-14  more than $1,000. A term of imprisonment imposed pursuant to this

20-15  paragraph may be served intermittently at the discretion of the judge or

20-16  justice of the peace, except that each period of confinement must be not

20-17  less than 4 consecutive hours and must occur [either] at a time when the

20-18  person is not required to be at his place of employment or on a weekend.

20-19  (b) For the second offense within the immediately preceding 7 years, is

20-20  guilty of a misdemeanor and shall be sentenced to:

20-21     (1) Imprisonment in the city or county jail or detention facility for not

20-22  less than 10 days, but not more than 6 months; and

20-23     (2) Perform not less than 100 hours, but not more than 200 hours, of

20-24  community service.

20-25  The person shall be further punished by a fine of not less than $500, but not

20-26  more than $1,000.

20-27  (c) For the third and any subsequent offense within the immediately

20-28  preceding 7 years, is guilty of a category C felony and shall be punished as

20-29  provided in NRS 193.130.

20-30  2.  In addition to any other penalty, if a person is convicted of a battery

20-31  which constitutes domestic violence pursuant to NRS 33.018, the court

20-32  shall:

20-33  (a) For the first offense within the immediately preceding 7 years,

20-34  require him to participate in weekly counseling sessions of not less than 1

20-35  1/2 hours per week for not less than 6 months, but not more than 12

20-36  months, at his [own] expense, in a program for the treatment of persons

20-37  who commit domestic violence that has been certified pursuant to NRS

20-38  228.470.

20-39  (b) For the second offense within the immediately preceding 7 years,

20-40  require him to participate in weekly counseling sessions of not less than 1

20-41  1/2 hours per week for 12 months, at his [own] expense, in a program for

20-42  the treatment of persons who commit domestic violence that has been

20-43  certified pursuant to NRS 228.470.

20-44  3.  In addition to any other fine or penalty, the court shall order such a

20-45  person to pay an administrative assessment of $35. Any money so collected

20-46  must be paid by the clerk of the court to the state treasurer on or before the

20-47  fifth day of each month for the preceding month for credit to the account

20-48  for programs related to domestic violence established pursuant to NRS

20-49  228.460.

21-1    4.  In addition to any other penalty, the court may require such a person

21-2  to participate, at his [own] expense, in a program of treatment for the abuse

21-3  of alcohol or drugs that has been certified by the [bureau of alcohol and

21-4  drug abuse in] health division of the department of human resources.

21-5    5.  If a person is charged with committing a battery which constitutes

21-6  domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not

21-7  dismiss such a charge in exchange for a plea of guilty, guilty but mentally

21-8  ill or nolo contendere to a lesser charge or for any other reason unless he

21-9  knows, or it is obvious, that the charge is not supported by probable cause

21-10  or cannot be proved at the time of trial. A court shall not grant probation to

21-11  and, except as otherwise provided in NRS 4.373 and 5.055, a court shall

21-12  not suspend the sentence of such a person.

21-13  6.  [For the purposes of] As used in this section:

21-14  (a) “Battery” has the meaning ascribed to it in paragraph (a) of

21-15  subsection 1 of NRS 200.481; and

21-16  (b) “Offense” includes a battery which constitutes domestic violence

21-17  pursuant to NRS 33.018 or a violation of the law of any other jurisdiction

21-18  that prohibits the same or similar conduct.

21-19  Sec. 41.  NRS 209.4232 is hereby amended to read as follows:

21-20  209.4232  [“Bureau” means the bureau of alcohol and drug abuse in]

21-21  “Health division” means the health division of the department of human

21-22  resources.

21-23  Sec. 42.  NRS 209.4236 is hereby amended to read as follows:

21-24  209.4236  1.  The director shall, in conjunction with the [bureau]

21-25  health division and with the approval of the board, establish one or more

21-26  therapeutic communities to provide treatment to certain offenders who are

21-27  substance abusers. A therapeutic community must include, but is not

21-28  limited to, the requirements set forth in this section.

21-29  2.  A therapeutic community must provide an offender with:

21-30  (a) Intensive treatment for substance abuse;

21-31  (b) A clearly defined set of goals;

21-32  (c) A clearly defined structure of authority; and

21-33  (d) A highly structured schedule that includes, but is not limited to, the

21-34  treatment listed in paragraph (a) and, if practicable, programs of

21-35  employment, general education or vocational training.

21-36  3.  Except as otherwise provided in NRS 209.4231 to 209.4244,

21-37  inclusive, offenders who are assigned to a therapeutic community, to the

21-38  extent practicable as determined by the director or a person designated by

21-39  the director:

21-40  (a) Must be housed in areas of a facility or institution that are

21-41  segregated from other areas of the facility or institution in which offenders

21-42  who are not assigned to the therapeutic community are housed; and

21-43  (b) Must participate in the therapeutic community for a period of 1 year

21-44  and a program of aftercare for a period of 1 year if a program of aftercare is

21-45  required pursuant to NRS 209.4238.

21-46  Sec. 43.  NRS 209.4237 is hereby amended to read as follows:

21-47  209.4237  1.  The director shall, in conjunction with the [bureau]

21-48  health division and with the approval of the board, establish a program to

21-49  evaluate an offender in the custody of the department to determine whether

22-1  the offender is a substance abuser and whether the offender may benefit

22-2  from participation in a therapeutic community.

22-3    2.  An evaluation of an offender must be conducted pursuant to

22-4  subsection 1 if the offender is eligible to be assigned to a therapeutic

22-5  community.

22-6    3.  After an evaluation is conducted pursuant to subsection 1, the

22-7  director or a person designated by the director shall determine whether the

22-8  offender is a substance abuser and whether the offender may benefit from

22-9  participation in a therapeutic community.

22-10  4.  If a determination is made that the offender is a substance abuser

22-11  and that the offender may benefit from participation in a therapeutic

22-12  community, the director or a person designated by the director shall

22-13  determine whether to assign the offender to participate in a therapeutic

22-14  community. In determining whether to assign an offender to participate in a

22-15  therapeutic community, the director or a person designated by the director

22-16  shall:

22-17  (a) Consider the severity of the problem of substance abuse by the

22-18  offender and the availability of space in each therapeutic community; and

22-19  (b) Give preference, to the extent practicable, to those offenders who

22-20  appear to be most capable of successfully participating in and completing

22-21  treatment in a therapeutic community.

22-22  5.  If an offender is assigned to participate in a therapeutic community,

22-23  the offender must be assigned to participate in the therapeutic community

22-24  for the year immediately preceding the date on which he is reasonably

22-25  expected to be released, as determined by the director.

22-26  Sec. 44.  NRS 209.4238 is hereby amended to read as follows:

22-27  209.4238  1.  The director shall, in conjunction with the [bureau]

22-28  health division and with the approval of the board, establish one or more

22-29  programs of aftercare to provide continuing treatment to those offenders

22-30  who successfully complete treatment in a therapeutic community.

22-31  2.  Except as otherwise provided in NRS 209.4231 to 209.4244,

22-32  inclusive:

22-33  (a) An offender who successfully completes treatment in a therapeutic

22-34  community must be assigned, to the extent practicable as determined by the

22-35  director or a person designated by the director, to a program of aftercare

22-36  upon completion of treatment in a therapeutic community.

22-37  (b) An offender shall participate, to the extent practicable as determined

22-38  by the director or a person designated by the director, in a program of

22-39  aftercare for a period of 1 year.

22-40  (c) If an offender is assigned to a program of aftercare and, before or

22-41  during his participation in such a program, the offender is released on

22-42  parole:

22-43     (1) The offender shall continue to participate in a program of

22-44  aftercare, to the extent practicable as determined by the director or a person

22-45  designated by the director and by the state board of parole commissioners;

22-46  and

22-47     (2) [Such] That participation, if any, must be made a condition of

22-48  parole pursuant to NRS 213.1235.

23-1    (d) If an offender is assigned to a program of aftercare and, before or

23-2  during his participation in such a program, the offender is assigned to serve

23-3  a term of residential confinement pursuant to NRS 209.392, the offender

23-4  shall continue to participate in a program of aftercare to the extent

23-5  practicable as determined by the director or a person designated by the

23-6  director.

23-7    Sec. 45.  NRS 484.3793 is hereby amended to read as follows:

23-8    484.3793  As used in NRS 484.3793 to 484.37947, inclusive:

23-9    1.  “Evaluation center” means a facility which is approved by the

23-10  [bureau of alcohol and drug abuse in] health division of the department of

23-11  human resources to provide an evaluation of an offender to a court [in

23-12  order] to determine if the offender is an abuser of alcohol or another drug.

23-13  The term includes a facility operated by a court or other governmental

23-14  agency.

23-15  2.  “Treatment facility” means a facility for the treatment of abuse of

23-16  alcohol or drugs, which is certified by the [bureau of alcohol and drug

23-17  abuse in] health division of the department of human resources.

23-18  Sec. 46.  NRS 484.37935 is hereby amended to read as follows:

23-19  484.37935  The [bureau of alcohol and drug abuse in the department of

23-20  human resources] state board of health shall adopt by regulation the

23-21  standards to be used for approving the operation of a facility as an

23-22  evaluation center for the purposes of NRS 484.37937 to 484.37945,

23-23  inclusive.

23-24  Sec. 47.  NRS 484.37937 is hereby amended to read as follows:

23-25  484.37937  1.  Except as otherwise provided in subsection 2, a person

23-26  who is found guilty of a first violation of NRS 484.379 may, at that time or

23-27  any time before he is sentenced, apply to the court to undergo a program of

23-28  treatment for alcoholism or drug abuse which is certified by the [bureau of

23-29  alcohol and drug abuse in] health division of the department of human

23-30  resources for at least 6 months. The court shall authorize [such] that

23-31  treatment if:

23-32  (a) The person is diagnosed as an alcoholic or abuser of drugs by:

23-33     (1) An alcohol and drug abuse counselor who is licensed or certified

23-34  pursuant to chapter 641C of NRS to make that diagnosis; or

23-35     (2) A physician who is certified to make that diagnosis by the board

23-36  of medical examiners;

23-37  (b) He agrees to pay the cost of the treatment to the extent of his

23-38  financial resources; and

23-39  (c) He has served or will serve a term of imprisonment in jail of 1 day,

23-40  or has performed or will perform 48 hours of work for the community.

23-41  2.  A person may not apply to the court to undergo a program of

23-42  treatment pursuant to subsection 1 if, within the immediately preceding 7

23-43  years, he has been found guilty of:

23-44  (a) A violation of NRS 484.3795;

23-45  (b) A homicide resulting from driving or being in actual physical

23-46  control of a vehicle while under the influence of intoxicating liquor or a

23-47  controlled substance or resulting from any other conduct prohibited by

23-48  NRS 484.379 or 484.3795; or

24-1    (c) A violation of a law of any other jurisdiction that prohibits the same

24-2  or similar conduct as set forth in paragraph (a) or (b).

24-3    3.  For the purposes of subsection 1, a violation of a law of any other

24-4  jurisdiction that prohibits the same or similar conduct as NRS 484.379

24-5  constitutes a violation of NRS 484.379.

24-6    4.  A prosecuting attorney may, within 10 days after receiving notice of

24-7  an application for treatment pursuant to this section, request a hearing on

24-8  the question of whether the offender is eligible to undergo a program of

24-9  treatment for alcoholism or drug abuse. The court shall order a hearing on

24-10  the application upon the request of the prosecuting attorney or may order a

24-11  hearing on its own motion. The hearing must be limited to the question of

24-12  whether the offender is eligible to undergo such a program of treatment.

24-13  5.  At the hearing on the application for treatment, the prosecuting

24-14  attorney may present the court with any relevant evidence on the matter. If

24-15  a hearing is not held, the court shall decide the matter upon affidavits and

24-16  other information before the court.

24-17  6.  If the court grants an application for treatment, the court shall:

24-18  (a) Immediately sentence the offender and enter judgment accordingly.

24-19  (b) Suspend the sentence of the offender for not more than 3 years upon

24-20  the condition that the offender be accepted for treatment by a treatment

24-21  facility, that he complete the treatment satisfactorily and that he comply

24-22  with any other condition ordered by the court.

24-23  (c) Advise the offender that:

24-24     (1) If he is accepted for treatment by such a facility, he may be placed

24-25  under the supervision of the facility for a period not to exceed 3 years and

24-26  during treatment he may be confined in an institution or, at the discretion

24-27  of the facility, released for treatment or supervised aftercare in the

24-28  community.

24-29     (2) If he is not accepted for treatment by such a facility or he fails to

24-30  complete the treatment satisfactorily, he shall serve the sentence imposed

24-31  by the court. Any sentence of imprisonment must be reduced by a time

24-32  equal to that which he served before beginning treatment.

24-33     (3) If he completes the treatment satisfactorily, his sentence will be

24-34  reduced to a term of imprisonment which is no longer than that provided

24-35  for the offense in paragraph (c) of subsection 1 and a fine of not more than

24-36  the minimum fine provided for the offense in NRS 484.3792, but the

24-37  conviction must remain on his record of criminal history.

24-38  7.  The court shall administer the program of treatment pursuant to the

24-39  procedures provided in NRS 458.320 and 458.330, except that the court:

24-40  (a) Shall not defer the sentence, set aside the conviction or impose

24-41  conditions upon the election of treatment except as otherwise provided in

24-42  this section.

24-43  (b) May immediately revoke the suspension of sentence for a violation

24-44  of any condition of the suspension.

24-45  8.  The court shall notify the department, on a form approved by the

24-46  department, upon granting the application of the offender for treatment and

24-47  his failure to be accepted for or complete treatment.

 

 

25-1    Sec. 48.  NRS 484.3794 is hereby amended to read as follows:

25-2    484.3794  1.  Except as otherwise provided in subsection 2, a person

25-3  who is found guilty of a second violation of NRS 484.379 within 7 years

25-4  may, at that time or any time before he is sentenced, apply to the court to

25-5  undergo a program of treatment for alcoholism or drug abuse which is

25-6  certified by the [bureau of alcohol and drug abuse in] health division of the

25-7  department of human resources for at least 1 year if:

25-8    (a) He is diagnosed as an alcoholic or abuser of drugs by:

25-9      (1) An alcohol and drug abuse counselor who is licensed or certified

25-10  pursuant to chapter 641C of NRS to make that diagnosis; or

25-11     (2) A physician who is certified to make that diagnosis by the board

25-12  of medical examiners;

25-13  (b) He agrees to pay the costs of the treatment to the extent of his

25-14  financial resources; and

25-15  (c) He has served or will serve a term of imprisonment in jail of 5 days,

25-16  and if required pursuant to NRS 484.3792, has performed or will perform

25-17  not less than 50 hours, but not more than 100 hours, of work for the

25-18  community.

25-19  2.  A person may not apply to the court to undergo a program of

25-20  treatment pursuant to subsection 1 if, within the immediately preceding 7

25-21  years, he has been found guilty of:

25-22  (a) A violation of NRS 484.3795;

25-23  (b) A homicide resulting from driving or being in actual physical

25-24  control of a vehicle while under the influence of intoxicating liquor or a

25-25  controlled substance or resulting from any other conduct prohibited by

25-26  NRS 484.379 or 484.3795; or

25-27  (c) A violation of a law of any other jurisdiction that prohibits the same

25-28  or similar conduct as set forth in paragraph (a) or (b).

25-29  3.  For the purposes of subsection 1, a violation of a law of any other

25-30  jurisdiction that prohibits the same or similar conduct as NRS 484.379

25-31  constitutes a violation of NRS 484.379.

25-32  4.  A prosecuting attorney may, within 10 days after receiving notice of

25-33  an application for treatment pursuant to this section, request a hearing on

25-34  the matter. The court shall order a hearing on the application upon the

25-35  request of the prosecuting attorney or may order a hearing on its own

25-36  motion.

25-37  5.  At the hearing on the application for treatment, the prosecuting

25-38  attorney may present the court with any relevant evidence on the matter. If

25-39  a hearing is not held, the court shall decide the matter upon affidavits and

25-40  other information before the court.

25-41  6.  If the court determines that an application for treatment should be

25-42  granted, the court shall:

25-43  (a) Immediately sentence the offender and enter judgment accordingly.

25-44  (b) Suspend the sentence of the offender for not more than 3 years upon

25-45  the condition that the offender be accepted for treatment by a treatment

25-46  facility, that he complete the treatment satisfactorily and that he comply

25-47  with any other condition ordered by the court.

25-48  (c) Advise the offender that:

26-1      (1) If he is accepted for treatment by such a facility, he may be placed

26-2  under the supervision of the facility for a period not to exceed 3 years and

26-3  during treatment he may be confined in an institution or, at the discretion

26-4  of the facility, released for treatment or supervised aftercare in the

26-5  community.

26-6      (2) If he is not accepted for treatment by such a facility or he fails to

26-7  complete the treatment satisfactorily, he shall serve the sentence imposed

26-8  by the court. Any sentence of imprisonment must be reduced by a time

26-9  equal to that which he served before beginning treatment.

26-10     (3) If he completes the treatment satisfactorily, his sentence will be

26-11  reduced to a term of imprisonment which is no longer than that provided

26-12  for the offense in paragraph (c) of subsection 1 and a fine of not more than

26-13  the minimum provided for the offense in NRS 484.3792, but the conviction

26-14  must remain on his record of criminal history.

26-15  7.  The court shall administer the program of treatment pursuant to the

26-16  procedures provided in NRS 458.320 and 458.330, except that the court:

26-17  (a) Shall not defer the sentence, set aside the conviction or impose

26-18  conditions upon the election of treatment except as otherwise provided in

26-19  this section.

26-20  (b) May immediately revoke the suspension of sentence for a violation

26-21  of a condition of the suspension.

26-22  8.  The court shall notify the department, on a form approved by the

26-23  department, upon granting the application of the offender for treatment and

26-24  his failure to be accepted for or complete treatment.

26-25  Sec. 49.  NRS 484.37947 is hereby amended to read as follows:

26-26  484.37947  The provisions of NRS 484.37943 and 484.37945 do not

26-27  prohibit a court from:

26-28  1.  Requiring an evaluation pursuant to NRS 484.37943 to be

26-29  conducted by an evaluation center that is administered by a private

26-30  company if the company meets the standards of the [bureau of alcohol and

26-31  drug abuse in the department of human resources] state board of health

26-32  pursuant to NRS 484.37935; or

26-33  2.  Ordering the offender to attend a program of treatment that is

26-34  administered by a private company.

26-35  Sec. 50.  NRS 608.156 is hereby amended to read as follows:

26-36  608.156  1.  If an employer provides health benefits for his

26-37  employees, he shall provide benefits for the expenses for the treatment of

26-38  abuse of alcohol and drugs. The annual benefits provided by the employer

26-39  must consist of:

26-40  (a) Treatment for withdrawal from the physiological effects of alcohol

26-41  or drugs, with a maximum benefit of $1,500 per calendar year.

26-42  (b) Treatment for a patient admitted to a facility, with a maximum

26-43  benefit of $9,000 per calendar year.

26-44  (c) Counseling for a person, group or family who is not admitted to a

26-45  facility, with a maximum benefit of $2,500 per calendar year.

26-46  2.  The maximum amount which may be paid in the lifetime of the

26-47  insured for any combination of the treatments listed in subsection 1 is

26-48  $39,000.

27-1    3.  These benefits must be paid in the same manner as benefits for any

27-2  other illness covered by the employer are paid.

27-3    4.  The employee is entitled to these benefits if treatment is received in

27-4  any:

27-5    (a) Facility for the treatment of abuse of alcohol or drugs which is

27-6  certified by the [bureau of alcohol and drug abuse in] health division of the

27-7  department of human resources.

27-8    (b) Hospital or other medical facility or facility for the dependent which

27-9  is licensed by the health division of the department of human resources,

27-10  accredited by the Joint Commission on Accreditation of [Hospitals]

27-11  Healthcare Organizations and provides a program for the treatment of

27-12  abuse of alcohol or drugs as part of its accredited activities.

27-13  Sec. 51.  NRS 689A.046 is hereby amended to read as follows:

27-14  689A.046  1.  The benefits provided by a policy for health insurance

27-15  for treatment of the abuse of alcohol or drugs must consist of:

27-16  (a) Treatment for withdrawal from the physiological effect of alcohol or

27-17  drugs, with a minimum benefit of $1,500 per calendar year.

27-18  (b) Treatment for a patient admitted to a facility, with a minimum

27-19  benefit of $9,000 per calendar year.

27-20  (c) Counseling for a person, group or family who is not admitted to a

27-21  facility, with a minimum benefit of $2,500 per calendar year.

27-22  2.  These benefits must be paid in the same manner as benefits for any

27-23  other illness covered by a similar policy are paid.

27-24  3.  The insured person is entitled to these benefits if treatment is

27-25  received in any:

27-26  (a) Facility for the treatment of abuse of alcohol or drugs which is

27-27  certified by the [bureau of alcohol and drug abuse in] health division of the

27-28  department of human resources.

27-29  (b) Hospital or other medical facility or facility for the dependent which

27-30  is licensed by the health division of the department of human resources,

27-31  accredited by the Joint Commission on Accreditation of [Hospitals]

27-32  Healthcare Organizations and provides a program for the treatment of

27-33  abuse of alcohol or drugs as part of its accredited activities.

27-34  Sec. 52.  NRS 689B.036 is hereby amended to read as follows:

27-35  689B.036  1.  The benefits provided by a group policy for health

27-36  insurance, as required in subsection 5 of NRS 689B.030, for treatment of

27-37  the abuse of alcohol or drugs must consist of:

27-38  (a) Treatment for withdrawal from the physiological effects of alcohol

27-39  or drugs, with a minimum benefit of $1,500 per calendar year.

27-40  (b) Treatment for a patient admitted to a facility, with a minimum

27-41  benefit of $9,000 per calendar year.

27-42  (c) Counseling for a person, group or family who is not admitted to a

27-43  facility, with a minimum benefit of $2,500 per calendar year.

27-44  2.  These benefits must be paid in the same manner as benefits for any

27-45  other illness covered by a similar policy are paid.

27-46  3.  The insured person is entitled to these benefits if treatment is

27-47  received in any:

28-1    (a) Facility for the treatment of abuse of alcohol or drugs which is

28-2  certified by the [bureau of alcohol and drug abuse in] health division of the

28-3  department of human resources.

28-4    (b) Hospital or other medical facility or facility for the dependent which

28-5  is licensed by the health division of the department of human resources,

28-6  accredited by the Joint Commission on Accreditation of [Hospitals]

28-7  Healthcare Organizations and provides a program for the treatment of

28-8  abuse of alcohol or drugs as part of its accredited activities.

28-9    Sec. 53.  NRS 695B.194 is hereby amended to read as follows:

28-10  695B.194  1.  The annual benefits provided by a policy for group

28-11  health insurance issued by a medical service corporation, as required by

28-12  subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or

28-13  drugs must consist of:

28-14  (a) Treatment for withdrawal from the physiological effects of alcohol

28-15  or drugs, with a minimum benefit of $1,500 per calendar year.

28-16  (b) Treatment for a patient admitted to a facility, with a minimum

28-17  benefit of $9,000 per calendar year.

28-18  (c) Counseling for a person, group or family who is not admitted to a

28-19  facility, with a minimum benefit of $2,500 per calendar year.

28-20  2.  These benefits must be paid in the same manner as benefits for any

28-21  other illness covered by a similar policy are paid.

28-22  3.  The insured person is entitled to these benefits if treatment is

28-23  received in any:

28-24  (a) Facility for the treatment of abuse of alcohol or drugs which is

28-25  certified by the [bureau of alcohol and drug abuse in] health division of the

28-26  department of human resources.

28-27  (b) Hospital or other medical facility or facility for the dependent which

28-28  is licensed by the health division of the department of human resources,

28-29  accredited by the Joint Commission on Accreditation of [Hospitals]

28-30  Healthcare Organizations and provides a program for the treatment of

28-31  abuse of alcohol or drugs as part of its accredited activities.

28-32  Sec. 54.  NRS 695C.174 is hereby amended to read as follows:

28-33  695C.174  1.  The benefits provided by health maintenance plans for

28-34  treatment of the abuse of alcohol or drugs as required by subparagraph (5)

28-35  of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:

28-36  (a) Treatment for withdrawal from the physiological effects of alcohol

28-37  or drugs, with a minimum benefit of $1,500 per calendar year.

28-38  (b) Treatment for a patient admitted to a facility, with a minimum

28-39  benefit of $9,000 per calendar year.

28-40  (c) Counseling for a person, group or family who is not admitted to a

28-41  facility, with a minimum benefit of $2,500 per calendar year.

28-42  2.  These benefits must be paid in the same manner as benefits for any

28-43  other illness covered by a similar policy are paid.

28-44  3.  The insured person is entitled to these benefits if treatment is

28-45  received in any:

28-46  (a) Facility for the treatment of abuse of alcohol or drugs which is

28-47  certified by the [bureau of alcohol and drug abuse in] health division of the

28-48  department of human resources.

29-1    (b) Hospital or other medical facility or facility for the dependent which

29-2  is licensed by the health division of the department of human resources,

29-3  accredited by the Joint Commission on Accreditation of [Hospitals]

29-4  Healthcare Organizations and provides a program for the treatment of

29-5  abuse of alcohol or drugs as part of its accredited activities.

29-6    Sec. 55.  Section 57.5 of chapter 574, Statutes of Nevada 1999, at page

29-7  3066, is hereby amended to read as follows:

29-8    Sec. 57.5. NRS 458.010 is hereby amended to read as follows:

29-9    458.010  As used in NRS 458.010 to 458.350, inclusive, and

29-10  sections 2 to 8, inclusive, of [this act,] Senate Bill No. 161 of this

29-11  session, unless the context requires otherwise:

29-12  1.  “Administrator” means the administrator of the health division.

29-13  2.  “Alcohol and drug abuse program” means a project concerned

29-14  with education, prevention and treatment directed toward achieving

29-15  the mental and physical restoration of alcohol and drug abusers.

29-16  3.  “Alcohol and drug abuser” means a person whose consumption

29-17  of alcohol or other drugs, or any combination thereof, interferes with

29-18  or adversely affects his ability to function socially or economically.

29-19  4.  “Alcoholic” means any person who habitually uses alcoholic

29-20  beverages to the extent that he endangers the health, safety or welfare

29-21  of himself or any other person or group of persons.

29-22  5.  “Board” means the state board of health.

29-23  6.  “Civil protective custody” means a custodial placement of a

29-24  person to protect his health or safety. Civil protective custody does

29-25  not have any criminal implication.

29-26  7.  “Detoxification technician” means a person who is certified

29-27  by the health division to provide screening for the safe withdrawal

29-28  from alcohol and other drugs.

29-29  8.  “Facility” means a physical structure used for the education,

29-30  prevention and treatment, including mental and physical restoration,

29-31  of alcohol and drug abusers.

29-32  [8.] 9. “Halfway house for alcohol and drug abusers” means a

29-33  residence that provides housing and a living environment for alcohol

29-34  and drug abusers and is operated to facilitate their reintegration into

29-35  the community, but does not provide treatment for alcohol or drug

29-36  abuse. The term does not include a facility for the treatment of abuse

29-37  of alcohol or drugs as defined in NRS 449.00455.

29-38  [9.] 10. “Health division” means the health division of the

29-39  department of human resources.

29-40  Sec. 56. Section 58 of chapter 574, Statutes of Nevada 1999, at page

29-41  3066, is hereby amended to read as follows:

29-42  Sec. 58. NRS 458.025 is hereby amended to read as follows:

29-43  458.025  The health division:

29-44  1.  Shall formulate and operate a comprehensive state plan for

29-45  alcohol and drug abuse programs which must include:

29-46  (a) A survey of the need for prevention and treatment of alcohol

29-47  and drug abuse, including a survey of the facilities needed to provide

29-48  services and a plan for the development and distribution of services

29-49  and programs throughout this state.

30-1    (b) A plan for programs to educate the public in the problems of

30-2  the abuse of alcohol and other drugs.

30-3    (c) A survey of the need for persons who have professional

30-4  training in fields of health and other persons involved in the

30-5  prevention of alcohol and drug abuse and in the treatment and

30-6  recovery of alcohol and drug abusers, and a plan to provide the

30-7  necessary treatment.

30-8  In developing and revising the state plan, the health division shall

30-9  consider, without limitation, the amount of money available from the

30-10  Federal Government for alcohol and drug abuse programs and the

30-11  conditions attached to the acceptance of that money, and the

30-12  limitations of legislative appropriations for alcohol and drug abuse

30-13  programs.

30-14  2.  [Is responsible for coordinating] Shall coordinate the efforts to

30-15  carry out the state plan and [coordinating] coordinate all state and

30-16  federal financial support of alcohol and drug abuse programs in this

30-17  state.

30-18  3.  Must be consulted in the planning of projects and advised of all

30-19  applications for grants from within this state which are concerned

30-20  with alcohol and drug abuse programs, and shall review the

30-21  applications and advise the applicants concerning the applications.

30-22  4. Shall certify or deny certification of any halfway houses for

30-23  alcohol and drug abusers, detoxification technicians or any facilities

30-24  [, programs or personnel] or programs on the basis of the standards

30-25  established by the board pursuant to this section, and publish a list of

30-26  certified halfway houses for alcohol and drug abusers, detoxification

30-27  technicians, facilities[, programs and personnel. Any facilities,

30-28  programs or personnel] and programs. Any halfway houses for

30-29  alcohol and drug abusers, detoxification technicians, facilities or

30-30  programs which are not certified are ineligible to receive state and

30-31  federal money for alcohol and drug abuse programs. The board shall

30-32  adopt regulations. The regulations:

30-33  (a) Must prescribe the standards for certification of halfway houses

30-34  for alcohol and drug abusers, facilities [, programs and personnel;]

30-35  and programs;

30-36  (b) Must prescribe the requirements for continuing education for

30-37  persons certified as [counselors and administrators of the programs;]

30-38  detoxification technicians; and

30-39  (c)May prescribe the fees for the certification of halfway houses

30-40  for alcohol and drug abusers, detoxification technicians, facilities[,

30-41  programs or personnel.] or programs. A fee prescribed pursuant to

30-42  this paragraph must be calculated to produce the revenue estimated to

30-43  cover the costs related to the certifications, but in no case may a fee

30-44  for a certificate exceed the actual cost to the health division of issuing

30-45  the certificate.

30-46  5.  Upon request from a facility which is self-supported, may

30-47  certify the facility, its programs and [personnel] detoxification

30-48  technicians and add them to the list [of certified facilities, programs

30-49  and personnel.] described in subsection 4.

31-1    Sec. 57. Section 58.2 of chapter 574, Statutes of Nevada 1999, at page

31-2  3067, is hereby amended to read as follows:

31-3    Sec. 58.2. NRS 458.026 is hereby amended to read as follows:

31-4    458.026  1.  An applicant for the issuance or renewal of his

31-5  certification as [personnel of an alcohol or drug abuse program or a

31-6  facility,] a detoxification technician or as the operator of a halfway

31-7  house for alcohol and drug abusers[,] must submit to the health

31-8  division the statement prescribed by the welfare division of the

31-9  department of human resources pursuant to NRS 425.520. The

31-10  statement must be completed and signed by the applicant.

31-11  2.  The health division shall include the statement required

31-12  pursuant to subsection 1 in:

31-13  (a) The application or any other forms that must be submitted for

31-14  the issuance or renewal of the certification; or

31-15  (b) A separate form prescribed by the health division.

31-16  3.  The certification of a person as [personnel of an alcohol or

31-17  drug abuse program or a facility,]a detoxification technician or as

31-18  the operator of a halfway house for alcohol and drug abusers[,] may

31-19  not be issued or renewed by the health division if the applicant:

31-20  (a) Fails to complete or submit the statement required pursuant to

31-21  subsection 1; or

31-22  (b) Indicates on the statement submitted pursuant to subsection 1

31-23  that he is subject to a court order for the support of a child and is not

31-24  in compliance with the order or a plan approved by the district

31-25  attorney or other public agency enforcing the order for the repayment

31-26  of the amount owed pursuant to the order.

31-27  4.  If an applicant indicates on the statement submitted pursuant to

31-28  subsection 1 that he is subject to a court order for the support of a

31-29  child and is not in compliance with the order or a plan approved by

31-30  the district attorney or other public agency enforcing the order for the

31-31  repayment of the amount owed pursuant to the order, the

31-32  administrator shall advise the applicant to contact the district attorney

31-33  or other public agency enforcing the order to determine the actions

31-34  that the applicant may take to satisfy the arrearage.

31-35  Sec. 58. Section 58.4 of chapter 574, Statutes of Nevada 1999, at page

31-36  3068, is hereby amended to read as follows:

31-37  Sec. 58.4. NRS 458.027 is hereby amended to read as follows:

31-38  458.027  1.  If the health divisionreceives a copy of a court order

31-39  issued pursuant to NRS 425.540 that provides for the suspension of all

31-40  professional, occupational and recreational licenses, certificates and

31-41  permits issued to a person who has been certified as [personnel of an

31-42  alcohol and drug abuse program or a facility,] a detoxification

31-43  technician or as the operator of a halfway house for alcohol and drug

31-44  abusers, the health division shall deem the certification to be

31-45  suspended at the end of the 30th day after the date on which the court

31-46  order was issued unless the health division receives a letter issued by

31-47  the district attorney or other public agency pursuant to NRS 425.550

31-48  to the person who has been certified stating that the person has

32-1  complied with the subpoena or warrant or has satisfied the arrearage

32-2  pursuant to NRS 425.560.

32-3    2.  The health division shall reinstate the certification of a person

32-4  as [personnel of an alcohol and drug abuse program or a facility,]a

32-5  detoxification technician or as the operator of a halfway house for

32-6  alcohol and drug abusers[,] that has been suspended by a district

32-7  court pursuant to NRS 425.540 if the health division receives a letter

32-8  issued by the district attorney or other public agency pursuant to NRS

32-9  425.550 to the personwhose certification was suspended stating that

32-10  the personwhose certification was suspended has complied with the

32-11  subpoena or warrant or has satisfied the arrearage pursuant to NRS

32-12  425.560.

32-13  Sec. 59.  NRS 458.040 and 458.043 are hereby repealed.

32-14  Sec. 60.  A regulation adopted by the bureau of alcohol and drug abuse

32-15  of the department of human resources or the chief of the bureau pursuant to

32-16  NRS 458.025, 458.055, 458.161 or 484.37935 remains in effect as a

32-17  regulation of the state board of health until amended or repealed by the

32-18  state board of health.

32-19  Sec. 61.  This act becomes effective upon passage and approval.

32-20  Sec. 62.  The legislative counsel shall:

32-21  1.  In preparing the reprint and supplements to the Nevada Revised

32-22  Statutes, appropriately change any references to an officer, agency or other

32-23  entity whose name is changed or whose responsibilities are transferred

32-24  pursuant to the provisions of this act to refer to the appropriate officer,

32-25  agency or other entity.

32-26  2.  In preparing supplements to the Nevada Administrative Code,

32-27  appropriately change any references to an officer, agency or other entity

32-28  whose name is changed or whose responsibilities are transferred pursuant

32-29  to the provisions of this act to refer to the appropriate officer, agency or

32-30  other entity.

 

32-31  TEXT OF REPEALED SECTIONS

 

32-32  458.040  Appointment and qualifications of chief. The chief:

32-33  1.  Must be appointed on the basis of his education, training and

32-34   experience as an administrator and his interest in the problems of alcohol

32-35   and drug abuse.

32-36  2.  Is in the unclassified service of the state unless federal law or

32-37   regulation requires otherwise.

32-38  458.043  Duties of chief.  As executive head of the bureau, the chief

32-39   shall:

32-40  1.  Direct and supervise all administrative and technical activities as

32-41   provided by NRS 458.010 to 458.350, inclusive, subject to administrative

32-42   supervision by the director.

33-1    2.  Subject to the approval of the director, appoint such technical,

33-2  clerical and operational staff as the execution of his duties and the

33-3   operation of the bureau may require.

 

33-4  H