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

 

CHAPTER..........

 

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:

 

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

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

 supreme in all nonadministrative health matters. It has general supervision

 over all matters, except for administrative matters, relating to the

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

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

 departments, boards of health and health officers.

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

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

 authorities in the administration of those parts of the Social Security Act

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

 expend all money made available to the health division by the Federal

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

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

 developing and revising any state plan in connection with federal

 assistance for health programs, the department shall consider, [among

 other things,] without limitation, the amount of money available from the

 Federal Government for those programs, the conditions attached to the

 acceptance of [the] that money and the limitations of legislative

 appropriations for those programs.

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

 state board of health may set reasonable fees for the:

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

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

   (b) Programs and services of the health division;

   (c) Review of plans; and

   (d) Certification and licensing of personnel.

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

 period the revenue from the fees projected in the budget approved for the

 health division by the legislature.

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

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

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

 health.

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

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

 resources.]

   4.  “Fetal alcohol syndrome” includes fetal alcohol effects.

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

human resources.]

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

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

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

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

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

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

 chapter 630 of NRS and who practices in the area of obstetrics and

 gynecology, family practice, internal medicine, pediatrics or psychiatry;

   (c) A licensed nurse;

   (d) A licensed psychologist;

   (e) A licensed marriage and family therapist;

   (f) A licensed social worker; or

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

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

   442.355  1.  The advisory subcommittee on fetal alcohol syndrome of

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

 subcommittee consists of 12 members, as follows:

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

     (1) One member who:

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

 board of health; or

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

 advisory board is a member of the state board of health;

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

 family services;

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

 of Obstetrics and Gynecology, or an equivalent organization;

     (4) One member who represents persons who operate community

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

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

 state;

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

 for the prevention of perinatal substance abuse; and

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

 advocacy and representation for mentally retarded persons. To the extent

 possible, the member appointed must be nominated by a statewide

 organization in this state that is affiliated with such a national organization

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

 affiliates in this state of such a national organization.

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

 an administrator of a hospital.

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

 as its representative.

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

 appoint one member who is a member of the faculty of the department of

 pediatrics of the University of Nevada School of Medicine.

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

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

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

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

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

 subcommittee in his place or to attend a meeting of the subcommittee in

 his place.

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

 the appointments required by subsection 1 must be made by the successor

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

 chairman of the advisory board.

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

 special expertise relating to fetal alcohol syndrome to assist the

 subcommittee in the performance of its duties.

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

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

 means any public or private establishment which provides residential

 treatment, including mental and physical restoration, of abusers of alcohol

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

 the department of human resources,] health division pursuant to

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

 services offered by volunteers or voluntary organizations.

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

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

 computerized program to track each prescription for a controlled substance

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

 with the board. The program must:

   (a) Be designed to provide information regarding:

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

 in schedules II, III and IV to pharmacies, practitioners and appropriate

 state agencies [in order] to prevent the improper or illegal use of [such]

 those controlled substances; and

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

 substances that is not specific to a particular patient.

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

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

 and various practitioners, representatives of professional associations for

 practitioners, representatives of occupational licensing boards and

 prosecuting attorneys selected by the board and the division.

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

 management of severe or intractable pain.

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

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

 suspected fraudulent or illegal activity related to the dispensing of

 controlled substances.

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

 may be fraudulent or illegal to the appropriate law enforcement agency or

 occupational licensing board and provide the law enforcement agency or

 occupational licensing board with the relevant information obtained from

 the program for further investigation.

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

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

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

 disclosed:

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

 concerns or upon the request on his behalf by his attorney; or

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

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

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

 maintaining the program required by this section.

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

   453.580  1.  A court may establish an appropriate treatment program

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

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

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

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

 assignment must include the terms and conditions for successful

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

 by the court to ensure that the person is making satisfactory progress

 towards completion of the program.

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

 1 must include:

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

 alcohol or using controlled substances through educational, counseling and

 support sessions developed with the cooperation of various community,

 health, substance abuse, religious, social service and youth organizations;

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

 psychological and social implications of substance abuse; and

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

 substances abused and the addictions of participants.

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

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

 part of the program the court must also require frequent urinalysis to

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

 shall specify how frequent such examinations must be and how many must

 be successfully completed, independently of other requisites for successful

 completion of the program.

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

 section, the person must agree to pay the cost of the program to which he

 is assigned and the cost of any additional supervision required pursuant to

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

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

 to the extent practicable, arrange for the person to be assigned to a

 program at a facility that receives a sufficient amount of federal or state

 funding to offset the remainder of the costs.

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

   458.010  As used in NRS 458.010 to 458.350, inclusive, unless the

 context requires otherwise:

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

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

education, prevention and treatment directed toward achieving the mental

 and physical restoration of alcohol and drug abusers.

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

 of alcohol or other drugs, or any combination thereof, interferes with or

 adversely affects his ability to function socially or economically.

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

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

 himself or any other person or group of persons.

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

 department.

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

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

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

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

 protective custody does not have any criminal implication.

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

   8.  “Director” means the director of the department.

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

 prevention and treatment, including mental and physical restoration, of

 alcohol and drug abusers.

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

 residence that provides housing and a living environment for alcohol and

 drug abusers and is operated to facilitate their reintegration into the

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

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

 drugs as defined in NRS 449.00455.

   9.  “Health division” means the health division of the department of

 human resources.

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

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

 department. The bureau:] health division:

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

 and drug abuse programs which must include:

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

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

 provide services and a plan for the development and distribution of

 services and programs throughout [the] this state.

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

 abuse of alcohol and other drugs.

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

 professional training in fields of health and [others] other persons

 involved in the [education and] prevention of alcohol and drug abuse and

 in the treatment and recovery of alcohol and drug abusers, and a plan to

 provide the necessary treatment.

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

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

 available from the Federal Government for alcohol and drug abuse

 programs and the conditions attached to the acceptance of [the] that

money, and the limitations of legislative appropriations for alcohol and

drug abuse programs.

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

 coordinating all state and federal financial support of alcohol and drug

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

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

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

 with alcohol and drug abuse programs, and shall review the applications

 and advise the applicants concerning the applications.

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

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

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

 standards [,] established by the board pursuant to this section, and

 publish a list of certified halfway houses for alcohol and drug abusers,

 facilities, programs and personnel. Any facilities, programs or personnel

 which are not certified are ineligible to receive state and federal money for

 alcohol and drug abuse programs. The [chief:

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

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

 for alcohol and drug abusers, facilities, programs and personnel;

   (b) Must prescribe the requirements for continuing education for

 persons certified as counselors and administrators of the programs; and

   [(b) May set]

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

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

 fee prescribed pursuant to this paragraph must be calculated to produce

 the revenue estimated to cover the costs related to the certifications, but in

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

 [bureau] health division of issuing the certificate.

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

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

 certified facilities, programs and personnel.

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

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

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

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

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

 the welfare division of the department of human resources pursuant to

 NRS 425.520. The statement must be completed and signed by the

 applicant.

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

 pursuant to subsection 1 in:

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

 issuance or renewal of the certification; or

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

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

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

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

 health division if the applicant:

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

 subsection 1; or

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

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

 compliance with the order or a plan approved by the district attorney or

 other public agency enforcing the order for the repayment of the amount

 owed pursuant to the order.

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

 subsection 1 that he is subject to a court order for the support of a child

 and is not in compliance with the order or a plan approved by the district

 attorney or other public agency enforcing the order for the repayment of

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

 advise the applicant to contact the district attorney or other public agency

 enforcing the order to determine the actions that the applicant may take to

 satisfy the arrearage.

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

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

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

 all professional, occupational and recreational licenses, certificates and

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

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

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

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

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

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

 agency pursuant to NRS 425.550 to the person who has been certified

 stating that the person has complied with the subpoena or warrant or has

 satisfied the arrearage pursuant to NRS 425.560.

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

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

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

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

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

 public agency pursuant to NRS 425.550 to the person whose certification

 was suspended stating that the person whose certification was suspended

 has complied with the subpoena or warrant or has satisfied the arrearage

 pursuant to NRS 425.560.

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

   458.031  The [department] health division shall administer the

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

 State of Nevada for that purpose.

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

   458.035  The [department] health division may contract with any

 appropriate public or private agency, organization or institution to carry

 out the provisions of NRS 458.010 to 458.350, inclusive.

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

   458.055  1.  To preserve the confidentiality of any information

 concerning persons applying for or receiving any services pursuant to

 NRS 458.010 to 458.350, inclusive, the [bureau] health division may

 establish and enforce rules governing the confidential nature, custody, use

 and preservation of the records, files and communications filed with the

 [bureau.] health division.

   2.  Wherever information concerning persons applying for and

receiving any services pursuant to NRS 458.010 to 458.350, inclusive, is

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

 institution, the use of that information by the agency or institution is

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

 subsection 1.

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

 and 449.705 and chapter 629 of NRS and except for purposes directly

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

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

 disclosure of any confidential information concerning a person receiving

 services pursuant to NRS 458.010 to 458.350, inclusive.

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

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

 organized groups, render partial financial assistance in the operation of

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

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

 financial records of the organization with which the agency contracts.

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

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

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

 alcohol abuse and alcoholism and for the detoxification and rehabilitation

 of abusers. In allocating the money for the increase of services, the

 [bureau] health division shall give priority to:

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

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

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

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

 comprehensive state plan for alcohol and drug abuse programs, and other

 appropriate data.

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

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

 the influence of alcohol.

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

 the prevention of such abuse.

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

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

 the state general fund.

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

 must be used for the purposes specified in NRS 458.097.

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

 they are paid.

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

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

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

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

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

 department of human resources’ gift fund.

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

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

 administered by the bureau.]

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

 they are paid.

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

   458.103  The [bureau] health division may accept:

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

 Congress for any alcohol and drug abuse program administered by the

 [bureau] health division as provided by law.

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

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

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

 [bureau] health division as provided by law.

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

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

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

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

 may request from the director of the department of administration a

 temporary advance from the state general fund for the payment of

 authorized expenses.

   2.  The director of the department of administration shall notify the

 state controller and the fiscal analysis division of the legislative counsel

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

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

 director of the department of administration.

   3.  An advance from the state general fund:

   (a) Must be approved by the director of the department of

 administration for use pursuant to NRS 458.080; and

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

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

 appropriation.

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

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

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

 was advanced.

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

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

 fees for the sale of miscellaneous printed materials pertaining to alcohol

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

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

 the credit of the general fund.

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

   458.110  In addition to the activities set forth in NRS 458.025 to

 458.115, inclusive, the [bureau] health division may engage in any

 activity necessary to effectuate the purposes of NRS 458.010 to 458.350,

 inclusive.

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

   458.115  Money to carry out the provisions of NRS 458.010 to

 458.350, inclusive, must be provided by direct legislative appropriation

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

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

before they are paid.

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

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

 proposals for the provision by facilities of:

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

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

   (c) Comprehensive evaluations of adolescents with problems relating to

 substance abuse or mental illness, or both; and

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

   2.  Upon accepting a proposal submitted in accordance with this

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

 of the amount of the proposal to the facility that submitted the proposal to

 help defray the costs of starting the provision of the services, including,

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

 expansion.

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

 the requests for proposals as it determines necessary.

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

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

 provisions of this section and NRS 458.131.

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

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

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

 human resources a report covering the biennium ending on June 30 of

 that year. The report must include:

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

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

 received for each type of service provided;

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

 biennium to help defray the costs of starting the provision of services, the

 name of the facility, the amount of money received and an accounting of

 how the money was used;

   3.  The number of adolescents who received any of the services

 described in NRS 458.125 from [such] those facilities during the

 biennium, and the number of adolescents who were receiving [such] those

 services as of the end of the biennium; and

   4.  As of the end of the biennium:

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

 described in NRS 458.125; and

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

 in need of the services described in NRS 458.125.

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

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

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

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

 health division.

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

 abusers without a certificate issued by the [bureau] health division is

 guilty of a misdemeanor.

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

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

 halfway house for alcohol and drug abusers expires on the [first]

 December 31 following its issuance and is renewable for 1 year upon

 reapplication and payment of a renewal fee established pursuant to NRS

 458.025.

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

   458.151  The [bureau] health division may:

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

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

 qualifications of personnel, methods of operation, policies and purposes of

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

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

 drug abusers, conduct an investigation into the premises, qualification of

 personnel, methods of operation, policies, procedures and records of that

 halfway house.

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

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

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

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

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

 any provisions related to its certification, including, without limitation,

 any law of this state or any applicable condition, standard or regulation

 adopted by the [bureau, the bureau] board, the health division may:

   (a) Suspend or revoke its certification; and

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

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

 percent per annum.

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

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

 division may:

   (a) Suspend the certificate of the halfway house until the administrative

 fine is paid; and

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

 incurred to collect the administrative fine.

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

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

 investigation or inspection to carry out the provisions of NRS 458.141 to

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

 state board of examiners for recommendation to the interim finance

 committee.

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

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

 necessary to carry out the provisions of NRS 458.141 to 458.171,

 inclusive.

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

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

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

 thereof from operating or maintaining a halfway house for alcohol and

 drug abusers:

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

division; or

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

 [bureau.] health division.

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

 certain date and in a certain place, operate and maintain such a halfway

 house without a certificate.

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

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

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

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

 action for the violation of NRS 458.141.

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

   458.250  The legislature finds and declares that the handling of alcohol

 abusers within the criminal justice system is ineffective, whereas treating

 alcohol abuse as a health problem allows its prevention and treatment and

 relieves law enforcement agencies of a large and inappropriate burden.

 The provisions of NRS 458.250 to 458.280, inclusive, are intended to

 provide for the prevention of alcohol abuse and the treatment of alcohol

 abusers. The provisions of NRS 458.250 to 458.280, inclusive, are further

 intended to transfer the handling of public intoxication from statutes

 providing criminal sanctions, [such as] including, without limitation,

 loitering and vagrancy, to statutes providing for civil protective custody.

 To accomplish these purposes, the department of human resources shall

 continue to direct itself to the problem of alcohol abuse at large,

 attempting to combat the problem [on] at the community level.

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

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

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

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

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

 protective custody by a peace officer.

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

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

 misdemeanor with a warrant.

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

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

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

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

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

 until he is no longer under the influence of alcohol. He may not be

 required against his will to remain in [either] a licensed facility, jail or

 detention facility longer than 48 hours.

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

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

 other appropriate medical facility if his condition appears to require

 emergency medical treatment. Upon release from the detoxification unit or

 medical facility, the person must immediately be remanded to the custody

 of the apprehending peace officer and the criminal proceedings proceed as

 prescribed by law.

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

civil protective custody must be:

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

 delivered; and

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

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

 abuse authority designated by the department.]

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

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

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

 apprehended or arrested for:

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

 element of the violation pursuant to the provisions of a specific statute or

 regulation;

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

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

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

 physical control of a vehicle or a vessel under power or sail while under

 the influence of intoxicating liquor or a controlled substance or resulting

 from any other conduct prohibited by NRS 484.379, 484.3795, subsection

 2 of NRS 488.400, NRS 488.410 or 488.420; and

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

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

 or resolution of a county, city or town.

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

   458.370  As used in NRS 458.370 to 458.441, inclusive, unless the

 context otherwise requires[, “commission”] :

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

 with education, prevention and treatment directed toward achieving the

 mental and physical restoration of alcohol and drug abusers.

   2.  “Commission” means the commission on substance abuse

 education, prevention, enforcement and treatment.

   3.  “Health division” means the health division of the department of

 human resources.

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

   458.380  1.  The commission on substance abuse education,

 prevention, enforcement and treatment is hereby created within the

 department of motor vehicles and public safety.

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

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

 knowledgeable in the areas of the enforcement of laws relating to drugs,

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

 peace officer;

   (b) Three members who represent education and are knowledgeable

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

 one of whom is a licensed employee of a local school district;

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

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

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

 persons who abuse drugs and alcohol;

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

has experience in matters concerning budgeting and experience in working

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

 division;

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

 developmental services of the department of human resources who has

 relevant experience, which may include, without limitation, experience in

 matters concerning budgeting and experience in working with programs of

 the division of mental health and developmental services of the

 department of human resources;

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

 concerning substance abuse in the workplace; and

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

 the parent of a child who has a mental illness or who has or has had a

 problem with substance abuse.

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

 representatives of northern Nevada, three must be representatives of

 southern Nevada and three must be representatives of rural Nevada.

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

 and one member of the assembly to serve as nonvoting members of the

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

 regard for their experience with and knowledge of matters relating to

 substance abuse education, prevention, enforcement and treatment.

   5.  The director of the department of human resources, the

 superintendent of public instruction, the director of the department of

 employment, training and rehabilitation, the director of the department of

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

 vehicles and public safety are ex officio nonvoting members of the

 commission. An ex officio member may designate a representative to

 serve in his place on the commission or to attend a meeting of the

 commission in his place. Each ex officio member or his representative

 shall attend each meeting of the commission and provide any information

 which the commission requests.

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

 years.

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

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

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

 allowance and travel expenses provided for state officers and employees

 generally.

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

 legislative member of the commission is entitled to receive the

 compensation provided for a majority of the members of the legislature

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

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

 otherwise engaged in the business of the commission. The salaries and

 expenses of the legislative members of the commission must be paid from

 the legislative fund.

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

   458.420  The commission shall:

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

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

 state and local agencies, task forces, councils, committees and community

 programs for substance abuse education, prevention, enforcement and

 treatment.

   (b) Must include:

     (1) A summary of the current activities of the commission;

     (2) The goals and objectives of the commission;

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

 the goals and objectives of the commission; and

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

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

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

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

 plan and of the efforts of the commission to achieve its goals and

 objectives.

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

 are necessary to receive information from the public relating to education

 concerning the abuse of drugs and alcohol, prevention and treatment of the

 abuse of drugs and alcohol and the enforcement of laws relating to drugs

 and alcohol.

   4.  Recommend to the governor annually any proposed legislation

 relating to education concerning the abuse of drugs and alcohol,

 prevention and treatment of the abuse of drugs and alcohol and

 enforcement of laws relating to drugs and alcohol.

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

 abuse education, prevention, enforcement and treatment and to

 organizations that evaluate [such] those programs.

   6.  Collect, evaluate and disseminate information concerning:

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

 prevention, enforcement and treatment; and

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

 enforcement and treatment.

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

 have helped to prevent and treat the abuse of drugs and alcohol and

 enforce laws relating to drugs and alcohol in this state.

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

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

 211A.127 or another specific statute, or unless the suspension of a

 sentence is expressly forbidden, a justice of the peace may suspend, for

 not more than 1 year, the sentence of a person convicted of a

 misdemeanor. [When] If the circumstances warrant, the justice of the

 peace may order as a condition of suspension that the offender:

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

 or destroyed as a result of the commission of the offense;

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

 not more than 200 hours;

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

expense of the offender;

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

   (e) Refrain from engaging in any criminal activity;

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

 appropriate by the justice of the peace;

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

 alternative sentencing, an assistant alternative sentencing officer or any

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

 search warrant; and

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

 controlled substance or consuming alcohol.

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

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

 person has served any mandatory minimum period of confinement,

 suspend the remainder of the sentence of the person for not more than 3

 years upon the condition that the person actively participate in:

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

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

 the department of human resources;

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

 violence that has been certified pursuant to NRS 228.470; or

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

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

 justice of the peace.

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

 sentence is suspended at such times as he deems appropriate concerning

 the compliance of the offender with the conditions of suspension. If the

 offender complies with the conditions of suspension to the satisfaction of

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

 minimum period of confinement established for the offense.

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

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

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

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

 211A.127 or another specific statute, or unless the suspension of a

 sentence is expressly forbidden, a municipal judge may suspend, for not

 more than 1 year, the sentence of a person convicted of a misdemeanor.

 [When] If the circumstances warrant, the municipal judge may order as a

 condition of suspension that the offender:

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

 or destroyed as a result of the commission of the offense;

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

 not more than 200 hours;

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

 expense of the offender;

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

   (e) Refrain from engaging in any criminal activity;

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

 appropriate by the municipal judge;

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

alternative sentencing, an assistant alternative sentencing officer or any

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

 search warrant; and

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

 any controlled substance or alcohol.

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

 violence pursuant to NRS 33.018, the municipal judge may, after the

 person has served any mandatory minimum period of confinement,

 suspend the remainder of the sentence of the person for not more than 3

 years upon the condition that the person actively participate in:

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

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

 the department of human resources;

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

 violence that has been certified pursuant to NRS 228.470; or

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

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

 municipal judge.

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

 sentence is suspended at such times as he deems appropriate concerning

 the compliance of the offender with the conditions of suspension. If the

 offender complies with the conditions of suspension to the satisfaction of

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

 minimum period of confinement established for the offense.

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

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

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

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

 found by the juvenile court to have committed:

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

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

 controlled substance; or

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

 alcoholic beverage in violation of NRS 202.020,

the judge, or his authorized representative, shall require the child to

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

 other drugs.

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

   (a) Must be conducted by:

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

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

 chapter 641C of NRS to make that classification; or

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

 board of medical examiners,

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

 recommendation to the judge concerning the length and type of treatment

 required by the child.

   (b) May be conducted at an evaluation center.

   3.  The judge shall:

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

by the person who conducted the evaluation pursuant to subsection 2.

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

 treatment of the child pursuant to this section.

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

 minor, or the parent or legal guardian of the child, to the extent of the

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

 charges relating to the evaluation and treatment of the child pursuant to

 this section. If the child, or his parent or legal guardian, does not have the

 financial resources to pay all those charges:

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

 receive treatment from a treatment facility which receives a sufficient

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

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

 benefit of the community in lieu of paying the charges relating to his

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

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

 or agency of the State of Nevada or a charitable organization that renders

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

 or his parent or legal guardian to deposit with the court a reasonable sum

 of money to pay for the cost of policies of insurance against liability for

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

 during those periods in which the child performs the work, unless, in the

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

 performs the work.

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

 property caused by a child who:

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

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

 or a controlled substance; or

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

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

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

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

 program of treatment ordered pursuant to this section.

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

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

 employed by a private company if the company meets the standards of the

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

 human resources. The evaluation may be conducted at an evaluation

 center pursuant to paragraph (b) of subsection 2.

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

 administered by a private company.

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

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

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

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

 attorney, if any, his parents or guardian, the prosecuting attorney and any

 other person for whom the communication of that information is necessary

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

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

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

 after the date of the offense.

   7.  As used in this section:

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

 and drug abuse in the department of human resources.

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

 484.3793.

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

 484.3793.

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

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

 200.481, a person convicted of a battery that constitutes domestic violence

 pursuant to NRS 33.018:

   (a) For the first offense within 7 years, is guilty of a misdemeanor and

 shall be sentenced to:

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

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

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

 community service.

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

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

 paragraph may be served intermittently at the discretion of the judge or

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

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

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

   (b) For the second offense within 7 years, is guilty of a misdemeanor

 and shall be sentenced to:

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

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

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

 community service.

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

 more than $1,000.

   (c) For the third and any subsequent offense within 7 years, is guilty of

 a category C felony and shall be punished as provided in NRS 193.130.

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

 which constitutes domestic violence pursuant to NRS 33.018, the court

 shall:

   (a) For the first offense within 7 years, require him to participate in

 weekly counseling sessions of not less than 1 1/2 hours per week for not

 less than 6 months, but not more than 12 months, at his [own] expense, in

 a program for the treatment of persons who commit domestic violence that

 has been certified pursuant to NRS 228.470.

   (b) For the second offense within 7 years, require him to participate in

 weekly counseling sessions of not less than 1 1/2 hours per week for 12

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

 who commit domestic violence that has been certified pursuant to NRS

 228.470.

   3.  An offense that occurred within 7 years immediately preceding the

date of the principal offense or after the principal offense constitutes a prior

 offense for the purposes of this section when evidenced by a conviction,

 without regard to the sequence of the offenses and convictions. The facts

 concerning a prior offense must be alleged in the complaint, indictment or

 information, must not be read to the jury or proved at trial but must be

 proved at the time of sentencing and, if the principal offense is alleged to

 be a felony, must also be shown at the preliminary examination or

 presented to the grand jury.

   4.  In addition to any other fine or penalty, the court shall order such a

 person to pay an administrative assessment of $35. Any money so

 collected must be paid by the clerk of the court to the state treasurer on or

 before the fifth day of each month for the preceding month for credit to the

 account for programs related to domestic violence established pursuant to

 NRS 228.460.

   5.  In addition to any other penalty, the court may require such a person

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

 abuse of alcohol or drugs that has been certified by the [bureau of alcohol

 and drug abuse in] health division of the department of human resources.

   6.  If a person is charged with committing a battery which constitutes

 domestic violence pursuant to NRS 33.018, a prosecuting attorney shall

 not dismiss such a charge in exchange for a plea of guilty, guilty but

 mentally ill or nolo contendere to a lesser charge or for any other reason

 unless he knows, or it is obvious, that the charge is not supported by

 probable cause or cannot be proved at the time of trial. A court shall not

 grant probation to and, except as otherwise provided in NRS 4.373 and

 5.055, a court shall not suspend the sentence of such a person.

   7.  [For the purposes of] As used in this section:

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

 subsection 1 of NRS 200.481; and

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

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

 that prohibits the same or similar conduct.

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

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

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

 resources.

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

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

 health division and with the approval of the board, establish one or more

 therapeutic communities to provide treatment to certain offenders who are

 substance abusers. A therapeutic community must include, but is not

 limited to, the requirements set forth in this section.

   2.  A therapeutic community must provide an offender with:

   (a) Intensive treatment for substance abuse;

   (b) A clearly defined set of goals;

   (c) A clearly defined structure of authority; and

   (d) A highly structured schedule that includes, but is not limited to, the

 treatment listed in paragraph (a) and, if practicable, programs of

 employment, general education or vocational training.

   3.  Except as otherwise provided in NRS 209.4231 to 209.4244,

inclusive, offenders who are assigned to a therapeutic community, to the

 extent practicable as determined by the director or a person designated by

 the director:

   (a) Must be housed in areas of a facility or institution that are

 segregated from other areas of the facility or institution in which offenders

 who are not assigned to the therapeutic community are housed; and

   (b) Must participate in the therapeutic community for a period of 1 year

 and a program of aftercare for a period of 1 year if a program of aftercare

 is required pursuant to NRS 209.4238.

   Sec. 43.  NRS 209.4237 is hereby amended to read as follows:

   209.4237  1.  The director shall, in conjunction with the [bureau]

 health division and with the approval of the board, establish a program to

 evaluate an offender in the custody of the department to determine

 whether the offender is a substance abuser and whether the offender may

 benefit from participation in a therapeutic community.

   2.  An evaluation of an offender must be conducted pursuant to

 subsection 1 if the offender is eligible to be assigned to a therapeutic

 community.

   3.  After an evaluation is conducted pursuant to subsection 1, the

 director or a person designated by the director shall determine whether the

 offender is a substance abuser and whether the offender may benefit from

 participation in a therapeutic community.

   4.  If a determination is made that the offender is a substance abuser

 and that the offender may benefit from participation in a therapeutic

 community, the director or a person designated by the director shall

 determine whether to assign the offender to participate in a therapeutic

 community. In determining whether to assign an offender to participate in

 a therapeutic community, the director or a person designated by the

 director shall:

   (a) Consider the severity of the problem of substance abuse by the

 offender and the availability of space in each therapeutic community; and

   (b) Give preference, to the extent practicable, to those offenders who

 appear to be most capable of successfully participating in and completing

 treatment in a therapeutic community.

   5.  If an offender is assigned to participate in a therapeutic community,

 the offender must be assigned to participate in the therapeutic community

 for the year immediately preceding the date on which he is reasonably

 expected to be released, as determined by the director.

   Sec. 44.  NRS 209.4238 is hereby amended to read as follows:

   209.4238  1.  The director shall, in conjunction with the [bureau]

 health division and with the approval of the board, establish one or more

 programs of aftercare to provide continuing treatment to those offenders

 who successfully complete treatment in a therapeutic community.

   2.  Except as otherwise provided in NRS 209.4231 to 209.4244,

 inclusive:

   (a) An offender who successfully completes treatment in a therapeutic

 community must be assigned, to the extent practicable as determined by

 the director or a person designated by the director, to a program of

 aftercare upon completion of treatment in a therapeutic community.

   (b) An offender shall participate, to the extent practicable as determined

by the director or a person designated by the director, in a program of

 aftercare for a period of 1 year.

   (c) If an offender is assigned to a program of aftercare and, before or

 during his participation in such a program, the offender is released on

 parole:

     (1) The offender shall continue to participate in a program of

 aftercare, to the extent practicable as determined by the director or a

 person designated by the director and by the state board of parole

 commissioners; and

     (2) [Such] That participation, if any, must be made a condition of

 parole pursuant to NRS 213.1235.

   (d) If an offender is assigned to a program of aftercare and, before or

 during his participation in such a program, the offender is assigned to

 serve a term of residential confinement pursuant to NRS 209.392, the

 offender shall continue to participate in a program of aftercare to the

 extent practicable as determined by the director or a person designated by

 the director.

   Sec. 45.  NRS 484.3793 is hereby amended to read as follows:

   484.3793  As used in NRS 484.3793 to 484.37947, inclusive:

   1.  “Evaluation center” means a facility which is approved by the

 [bureau of alcohol and drug abuse in] health division of the department of

 human resources to provide an evaluation of an offender to a court [in

 order] to determine if the offender is an abuser of alcohol or another drug.

 The term includes a facility operated by a court or other governmental

 agency.

   2.  “Treatment facility” means a facility for the treatment of abuse of

 alcohol or drugs, which is certified by the [bureau of alcohol and drug

 abuse in] health division of the department of human resources.

   Sec. 46.  NRS 484.37935 is hereby amended to read as follows:

   484.37935  The [bureau of alcohol and drug abuse in the department of

 human resources] state board of health shall adopt by regulation the

 standards to be used for approving the operation of a facility as an

 evaluation center for the purposes of NRS 484.37937 to 484.37945,

 inclusive.

   Sec. 47.  NRS 484.37937 is hereby amended to read as follows:

   484.37937  1.  Except as otherwise provided in subsection 2, a person

 who is found guilty of a first violation of NRS 484.379 may, at that time

 or any time before he is sentenced, apply to the court to undergo a

 program of treatment for alcoholism or drug abuse which is certified by

 the [bureau of alcohol and drug abuse in] health division of the

 department of human resources for at least 6 months. The court shall

 authorize [such] that treatment if:

   (a) The person is diagnosed as an alcoholic or abuser of drugs by:

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

 pursuant to chapter 641C of NRS to make that diagnosis; or

     (2) A physician who is certified to make that diagnosis by the board

 of medical examiners;

   (b) He agrees to pay the cost of the treatment to the extent of his

 financial resources; and

   (c) He has served or will serve a term of imprisonment in jail of 1 day,

or has performed or will perform 48 hours of work for the community.

   2.  A person may not apply to the court to undergo a program of

 treatment pursuant to subsection 1 if, within the immediately preceding 7

 years, he has been found guilty of:

   (a) A violation of NRS 484.3795;

   (b) A homicide resulting from driving or being in actual physical

 control of a vehicle while under the influence of intoxicating liquor or a

 controlled substance or resulting from any other conduct prohibited by

 NRS 484.379 or 484.3795; or

   (c) A violation of a law of any other jurisdiction that prohibits the same

 or similar conduct as set forth in paragraph (a) or (b).

   3.  For the purposes of subsection 1, a violation of a law of any other

 jurisdiction that prohibits the same or similar conduct as NRS 484.379

 constitutes a violation of NRS 484.379.

   4.  A prosecuting attorney may, within 10 days after receiving notice of

 an application for treatment pursuant to this section, request a hearing on

 the question of whether the offender is eligible to undergo a program of

 treatment for alcoholism or drug abuse. The court shall order a hearing on

 the application upon the request of the prosecuting attorney or may order a

 hearing on its own motion. The hearing must be limited to the question of

 whether the offender is eligible to undergo such a program of treatment.

   5.  At the hearing on the application for treatment, the prosecuting

 attorney may present the court with any relevant evidence on the matter. If

 a hearing is not held, the court shall decide the matter upon affidavits and

 other information before the court.

   6.  If the court grants an application for treatment, the court shall:

   (a) Immediately sentence the offender and enter judgment accordingly.

   (b) Suspend the sentence of the offender for not more than 3 years upon

 the condition that the offender be accepted for treatment by a treatment

 facility, that he complete the treatment satisfactorily and that he comply

 with any other condition ordered by the court.

   (c) Advise the offender that:

     (1) If he is accepted for treatment by such a facility, he may be placed

 under the supervision of the facility for a period not to exceed 3 years and

 during treatment he may be confined in an institution or, at the discretion

 of the facility, released for treatment or supervised aftercare in the

 community.

     (2) If he is not accepted for treatment by such a facility or he fails to

 complete the treatment satisfactorily, he shall serve the sentence imposed

 by the court. Any sentence of imprisonment must be reduced by a time

 equal to that which he served before beginning treatment.

     (3) If he completes the treatment satisfactorily, his sentence will be

 reduced to a term of imprisonment which is no longer than that provided

 for the offense in paragraph (c) of subsection 1 and a fine of not more than

 the minimum fine provided for the offense in NRS 484.3792, but the

 conviction must remain on his record of criminal history.

   7.  The court shall administer the program of treatment pursuant to the

 procedures provided in NRS 458.320 and 458.330, except that the court:

   (a) Shall not defer the sentence, set aside the conviction or impose

conditions upon the election of treatment except as otherwise provided in

 this section.

   (b) May immediately revoke the suspension of sentence for a violation

 of any condition of the suspension.

   8.  The court shall notify the department, on a form approved by the

 department, upon granting the application of the offender for treatment

 and his failure to be accepted for or complete treatment.

   Sec. 48.  NRS 484.3794 is hereby amended to read as follows:

   484.3794  1.  Except as otherwise provided in subsection 2, a person

 who is found guilty of a second violation of NRS 484.379 within 7 years

 may, at that time or any time before he is sentenced, apply to the court to

 undergo a program of treatment for alcoholism or drug abuse which is

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

 the department of human resources for at least 1 year if:

   (a) He is diagnosed as an alcoholic or abuser of drugs by:

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

 pursuant to chapter 641C of NRS to make that diagnosis; or

     (2) A physician who is certified to make that diagnosis by the board

 of medical examiners;

   (b) He agrees to pay the costs of the treatment to the extent of his

 financial resources; and

   (c) He has served or will serve a term of imprisonment in jail of 5 days,

 and if required pursuant to NRS 484.3792, has performed or will perform

 not less than 50 hours, but not more than 100 hours, of work for the

 community.

   2.  A person may not apply to the court to undergo a program of

 treatment pursuant to subsection 1 if, within the immediately preceding 7

 years, he has been found guilty of:

   (a) A violation of NRS 484.3795;

   (b) A homicide resulting from driving or being in actual physical

 control of a vehicle while under the influence of intoxicating liquor or a

 controlled substance or resulting from any other conduct prohibited by

 NRS 484.379 or 484.3795; or

   (c) A violation of a law of any other jurisdiction that prohibits the same

 or similar conduct as set forth in paragraph (a) or (b).

   3.  For the purposes of subsection 1, a violation of a law of any other

 jurisdiction that prohibits the same or similar conduct as NRS 484.379

 constitutes a violation of NRS 484.379.

   4.  A prosecuting attorney may, within 10 days after receiving notice of

 an application for treatment pursuant to this section, request a hearing on

 the matter. The court shall order a hearing on the application upon the

 request of the prosecuting attorney or may order a hearing on its own

 motion.

   5.  At the hearing on the application for treatment, the prosecuting

 attorney may present the court with any relevant evidence on the matter. If

 a hearing is not held, the court shall decide the matter upon affidavits and

 other information before the court.

   6.  If the court determines that an application for treatment should be

 granted, the court shall:

   (a) Immediately sentence the offender and enter judgment accordingly.

   (b) Suspend the sentence of the offender for not more than 3 years upon

 the condition that the offender be accepted for treatment by a treatment

 facility, that he complete the treatment satisfactorily and that he comply

 with any other condition ordered by the court.

   (c) Advise the offender that:

     (1) If he is accepted for treatment by such a facility, he may be placed

 under the supervision of the facility for a period not to exceed 3 years and

 during treatment he may be confined in an institution or, at the discretion

 of the facility, released for treatment or supervised aftercare in the

 community.

     (2) If he is not accepted for treatment by such a facility or he fails to

 complete the treatment satisfactorily, he shall serve the sentence imposed

 by the court. Any sentence of imprisonment must be reduced by a time

 equal to that which he served before beginning treatment.

     (3) If he completes the treatment satisfactorily, his sentence will be

 reduced to a term of imprisonment which is no longer than that provided

 for the offense in paragraph (c) of subsection 1 and a fine of not more than

 the minimum provided for the offense in NRS 484.3792, but the

 conviction must remain on his record of criminal history.

   7.  The court shall administer the program of treatment pursuant to the

 procedures provided in NRS 458.320 and 458.330, except that the court:

   (a) Shall not defer the sentence, set aside the conviction or impose

 conditions upon the election of treatment except as otherwise provided in

 this section.

   (b) May immediately revoke the suspension of sentence for a violation

 of a condition of the suspension.

   8.  The court shall notify the department, on a form approved by the

 department, upon granting the application of the offender for treatment

 and his failure to be accepted for or complete treatment.

   Sec. 49.  NRS 484.37947 is hereby amended to read as follows:

   484.37947  The provisions of NRS 484.37943 and 484.37945 do not

 prohibit a court from:

   1.  Requiring an evaluation pursuant to NRS 484.37943 to be

 conducted by an evaluation center that is administered by a private

 company if the company meets the standards of the [bureau of alcohol and

 drug abuse in the department of human resources] state board of health

 pursuant to NRS 484.37935; or

   2.  Ordering the offender to attend a program of treatment that is

 administered by a private company.

   Sec. 50.  NRS 608.156 is hereby amended to read as follows:

   608.156  1.  If an employer provides health benefits for his

 employees, he shall provide benefits for the expenses for the treatment of

 abuse of alcohol and drugs. The annual benefits provided by the employer

 must consist of:

   (a) Treatment for withdrawal from the physiological effects of alcohol

 or drugs, with a maximum benefit of $1,500 per calendar year.

   (b) Treatment for a patient admitted to a facility, with a maximum

 benefit of $9,000 per calendar year.

   (c) Counseling for a person, group or family who is not admitted to a

facility, with a maximum benefit of $2,500 per calendar year.

   2.  The maximum amount which may be paid in the lifetime of the

 insured for any combination of the treatments listed in subsection 1 is

 $39,000.

   3.  These benefits must be paid in the same manner as benefits for any

 other illness covered by the employer are paid.

   4.  The employee is entitled to these benefits if treatment is received in

 any:

   (a) Facility for the treatment of abuse of alcohol or drugs which is

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

 the department of human resources.

   (b) Hospital or other medical facility or facility for the dependent which

 is licensed by the health division of the department of human resources,

 accredited by the Joint Commission on Accreditation of [Hospitals]

 Healthcare Organizations and provides a program for the treatment of

 abuse of alcohol or drugs as part of its accredited activities.

   Sec. 51.  NRS 689A.046 is hereby amended to read as follows:

   689A.046  1.  The benefits provided by a policy for health insurance

 for treatment of the abuse of alcohol or drugs must consist of:

   (a) Treatment for withdrawal from the physiological effect of alcohol or

 drugs, with a minimum benefit of $1,500 per calendar year.

   (b) Treatment for a patient admitted to a facility, with a minimum

 benefit of $9,000 per calendar year.

   (c) Counseling for a person, group or family who is not admitted to a

 facility, with a minimum benefit of $2,500 per calendar year.

   2.  These benefits must be paid in the same manner as benefits for any

 other illness covered by a similar policy are paid.

   3.  The insured person is entitled to these benefits if treatment is

 received in any:

   (a) Facility for the treatment of abuse of alcohol or drugs which is

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

 the department of human resources.

   (b) Hospital or other medical facility or facility for the dependent which

 is licensed by the health division of the department of human resources,

 accredited by the Joint Commission on Accreditation of [Hospitals]

 Healthcare Organizations and provides a program for the treatment of

 abuse of alcohol or drugs as part of its accredited activities.

   Sec. 52.  NRS 689B.036 is hereby amended to read as follows:

   689B.036  1.  The benefits provided by a group policy for health

 insurance, as required in subsection 5 of NRS 689B.030, for treatment of

 the abuse of alcohol or drugs must consist of:

   (a) Treatment for withdrawal from the physiological effects of alcohol

 or drugs, with a minimum benefit of $1,500 per calendar year.

   (b) Treatment for a patient admitted to a facility, with a minimum

 benefit of $9,000 per calendar year.

   (c) Counseling for a person, group or family who is not admitted to a

 facility, with a minimum benefit of $2,500 per calendar year.

   2.  These benefits must be paid in the same manner as benefits for any

 other illness covered by a similar policy are paid.

   3.  The insured person is entitled to these benefits if treatment is

received in any:

   (a) Facility for the treatment of abuse of alcohol or drugs which is

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

 the department of human resources.

   (b) Hospital or other medical facility or facility for the dependent which

 is licensed by the health division of the department of human resources,

 accredited by the Joint Commission on Accreditation of [Hospitals]

 Healthcare Organizations and provides a program for the treatment of

 abuse of alcohol or drugs as part of its accredited activities.

   Sec. 53.  NRS 695B.194 is hereby amended to read as follows:

   695B.194  1.  The annual benefits provided by a policy for group

 health insurance issued by a medical service corporation, as required by

 subsection 8 of NRS 695B.180, for treatment of the abuse of alcohol or

 drugs must consist of:

   (a) Treatment for withdrawal from the physiological effects of alcohol

 or drugs, with a minimum benefit of $1,500 per calendar year.

   (b) Treatment for a patient admitted to a facility, with a minimum

 benefit of $9,000 per calendar year.

   (c) Counseling for a person, group or family who is not admitted to a

 facility, with a minimum benefit of $2,500 per calendar year.

   2.  These benefits must be paid in the same manner as benefits for any

 other illness covered by a similar policy are paid.

   3.  The insured person is entitled to these benefits if treatment is

 received in any:

   (a) Facility for the treatment of abuse of alcohol or drugs which is

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

 the department of human resources.

   (b) Hospital or other medical facility or facility for the dependent which

 is licensed by the health division of the department of human resources,

 accredited by the Joint Commission on Accreditation of [Hospitals]

 Healthcare Organizations and provides a program for the treatment of

 abuse of alcohol or drugs as part of its accredited activities.

   Sec. 54.  NRS 695C.174 is hereby amended to read as follows:

   695C.174  1.  The benefits provided by health maintenance plans for

 treatment of the abuse of alcohol or drugs as required by subparagraph (5)

 of paragraph (b) of subsection 3 of NRS 695C.170, must consist of:

   (a) Treatment for withdrawal from the physiological effects of alcohol

 or drugs, with a minimum benefit of $1,500 per calendar year.

   (b) Treatment for a patient admitted to a facility, with a minimum

 benefit of $9,000 per calendar year.

   (c) Counseling for a person, group or family who is not admitted to a

 facility, with a minimum benefit of $2,500 per calendar year.

   2.  These benefits must be paid in the same manner as benefits for any

 other illness covered by a similar policy are paid.

   3.  The insured person is entitled to these benefits if treatment is

 received in any:

   (a) Facility for the treatment of abuse of alcohol or drugs which is

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

 the department of human resources.

   (b) Hospital or other medical facility or facility for the dependent which

is licensed by the health division of the department of human resources,

 accredited by the Joint Commission on Accreditation of [Hospitals]

 Healthcare Organizations and provides a program for the treatment of

 abuse of alcohol or drugs as part of its accredited activities.

   Sec. 55.  Section 57.5 of chapter 574, Statutes of Nevada 1999, at page

 3066, is hereby amended to read as follows:

   Sec. 57.5. NRS 458.010 is hereby amended to read as follows:

   458.010  As used in NRS 458.010 to 458.350, inclusive, and

 sections 2 to 8, inclusive, of [this act,] Senate Bill No. 161 of this

 session, unless the context requires otherwise:

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

   2.  “Alcohol and drug abuse program” means a project concerned

 with education, prevention and treatment directed toward achieving

 the mental and physical restoration of alcohol and drug abusers.

   3.  “Alcohol and drug abuser” means a person whose consumption

 of alcohol or other drugs, or any combination thereof, interferes with

 or adversely affects his ability to function socially or economically.

   4.  “Alcoholic” means any person who habitually uses alcoholic

 beverages to the extent that he endangers the health, safety or welfare

 of himself or any other person or group of persons.

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

   6.  “Civil protective custody” means a custodial placement of a

 person to protect his health or safety. Civil protective custody does

 not have any criminal implication.

   7.  “Detoxification technician” means a person who is certified

 by the health division to provide screening for the safe withdrawal

 from alcohol and other drugs.

   8.  “Facility” means a physical structure used for the education,

 prevention and treatment, including mental and physical restoration,

 of alcohol and drug abusers.

   [8.] 9. “Halfway house for alcohol and drug abusers” means a

 residence that provides housing and a living environment for alcohol

 and drug abusers and is operated to facilitate their reintegration into

 the community, but does not provide treatment for alcohol or drug

 abuse. The term does not include a facility for the treatment of abuse

 of alcohol or drugs as defined in NRS 449.00455.

   [9.] 10. “Health division” means the health division of the

 department of human resources.

   Sec. 56. Section 58 of chapter 574, Statutes of Nevada 1999, at page

 3066, is hereby amended to read as follows:

   Sec. 58. NRS 458.025 is hereby amended to read as follows:

   458.025  The health division:

   1.  Shall formulate and operate a comprehensive state plan for

 alcohol and drug abuse programs which must include:

   (a) A survey of the need for prevention and treatment of alcohol

 and drug abuse, including a survey of the facilities needed to provide

 services and a plan for the development and distribution of services

 and programs throughout this state.

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

the abuse of alcohol and other drugs.

   (c) A survey of the need for persons who have professional

 training in fields of health and other persons involved in the

 prevention of alcohol and drug abuse and in the treatment and

 recovery of alcohol and drug abusers, and a plan to provide the

 necessary treatment.

In developing and revising the state plan, the health division shall

 consider, without limitation, the amount of money available from the

 Federal Government for alcohol and drug abuse programs and the

 conditions attached to the acceptance of that money, and the

 limitations of legislative appropriations for alcohol and drug abuse

 programs.

   2.  [Is responsible for coordinating] Shall coordinate the efforts to

 carry out the state plan and [coordinating] coordinate all state and

 federal financial support of alcohol and drug abuse programs in this

 state.

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

 applications for grants from within this state which are concerned

 with alcohol and drug abuse programs, and shall review the

 applications and advise the applicants concerning the applications.

   4.  Shall certify or deny certification of any halfway houses for

 alcohol and drug abusers, detoxification technicians or any facilities

 [, programs or personnel] or programs on the basis of the standards

 established by the board pursuant to this section, and publish a list of

 certified halfway houses for alcohol and drug abusers, detoxification

 technicians, facilities[, programs and personnel. Any facilities,

 programs or personnel] and programs. Any halfway houses for

 alcohol and drug abusers, detoxification technicians, facilities or

 programs which are not certified are ineligible to receive state and

 federal money for alcohol and drug abuse programs. The board shall

 adopt regulations. The regulations:

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

 for alcohol and drug abusers, facilities [, programs and personnel;]

 and programs;

   (b) Must prescribe the requirements for continuing education for

 persons certified as [counselors and administrators of the programs;]

 detoxification technicians; and

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

 for alcohol and drug abusers, detoxification technicians, facilities[,

 programs or personnel.] or programs. A fee prescribed pursuant to

 this paragraph must be calculated to produce the revenue estimated to

 cover the costs related to the certifications, but in no case may a fee

 for a certificate exceed the actual cost to the health division of issuing

 the certificate.

   5.  Upon request from a facility which is self-supported, may

 certify the facility, its programs and [personnel] detoxification

 technicians and add them to the list [of certified facilities, programs

 and personnel.] described in subsection 4.

   Sec. 57. Section 58.2 of chapter 574, Statutes of Nevada 1999, at page

3067, is hereby amended to read as follows:

   Sec. 58.2. NRS 458.026 is hereby amended to read as follows:

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

 certification as [personnel of an alcohol or drug abuse program or a

 facility,] a detoxification technician or as the operator of a halfway

 house for alcohol and drug abusers[,] must submit to the health

 division the statement prescribed by the welfare division of the

 department of human resources pursuant to NRS 425.520. The

 statement must be completed and signed by the applicant.

   2.  The health division shall include the statement required

 pursuant to subsection 1 in:

   (a) The application or any other forms that must be submitted for

 the issuance or renewal of the certification; or

   (b) A separate form prescribed by the health division.

   3.  The certification of a person as [personnel of an alcohol or

 drug abuse program or a facility,]a detoxification technician or as

 the operator of a halfway house for alcohol and drug abusers[,] may

 not be issued or renewed by the health division if the applicant:

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

 subsection 1; or

   (b) Indicates on the statement submitted pursuant to subsection 1

 that he is subject to a court order for the support of a child and is not

 in compliance with the order or a plan approved by the district

 attorney or other public agency enforcing the order for the repayment

 of the amount owed pursuant to the order.

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

 subsection 1 that he is subject to a court order for the support of a

 child and is not in compliance with the order or a plan approved by

 the district attorney or other public agency enforcing the order for the

 repayment of the amount owed pursuant to the order, the

 administrator shall advise the applicant to contact the district attorney

 or other public agency enforcing the order to determine the actions

 that the applicant may take to satisfy the arrearage.

   Sec. 58. Section 58.4 of chapter 574, Statutes of Nevada 1999, at page

 3068, is hereby amended to read as follows:

   Sec. 58.4. NRS 458.027 is hereby amended to read as follows:

   458.027  1.  If the health divisionreceives a copy of a court order

 issued pursuant to NRS 425.540 that provides for the suspension of

 all professional, occupational and recreational licenses, certificates

 and permits issued to a person who has been certified as [personnel of

 an alcohol and drug abuse program or a facility,] a detoxification

 technician or as the operator of a halfway house for alcohol and drug

 abusers, the health division shall deem the certification to be

 suspended at the end of the 30th day after the date on which the court

 order was issued unless the health division receives a letter issued by

 the district attorney or other public agency pursuant to NRS 425.550

 to the person who has been certified stating that the person has

 complied with the subpoena or warrant or has satisfied the arrearage

 pursuant to NRS 425.560.

   2.  The health division shall reinstate the certification of a person

as [personnel of an alcohol and drug abuse program or a facility,]a

 detoxification technician or as the operator of a halfway house for

 alcohol and drug abusers[,] that has been suspended by a district

 court pursuant to NRS 425.540 if the health division receives a letter

 issued by the district attorney or other public agency pursuant to NRS

 425.550 to the personwhose certification was suspended stating that

 the personwhose certification was suspended has complied with the

 subpoena or warrant or has satisfied the arrearage pursuant to NRS

 425.560.

   Sec. 59.  NRS 458.040 and 458.043 are hereby repealed.

   Sec. 60.  A regulation adopted by the bureau of alcohol and drug abuse

 of the department of human resources or the chief of the bureau pursuant

 to NRS 458.025, 458.055, 458.161 or 484.37935 remains in effect as a

 regulation of the state board of health until amended or repealed by the

 state board of health.

   Sec. 61.  This act becomes effective upon passage and approval.

   Sec. 62.  The legislative counsel shall:

   1.  In preparing the reprint and supplements to the Nevada Revised

 Statutes, appropriately change any references to an officer, agency or other

 entity whose name is changed or whose responsibilities are transferred

 pursuant to the provisions of this act to refer to the appropriate officer,

 agency or other entity.

   2.  In preparing supplements to the Nevada Administrative Code,

 appropriately change any references to an officer, agency or other entity

 whose name is changed or whose responsibilities are transferred pursuant

 to the provisions of this act to refer to the appropriate officer, agency or

 other entity.

 

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