Senate Bill No. 319–Senators O’Donnell and O’Connell
CHAPTER..........
AN ACT relating to substance abuse; providing for the licensing and regulation of halfway houses for alcohol and drug abusers as facilities for the dependent; repealing the requirements for the certification of the operators of such halfway houses by the bureau of alcohol and drug abuse in the department of human resources; 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. Chapter 449 of NRS is hereby amended by adding thereto a
new section to read as follows:
“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 any treatment for alcohol or drug abuse.
Sec. 2. NRS 449.001 is hereby amended to read as follows:
449.001 As used in this chapter, unless the context otherwise requires,
the words and terms defined in NRS 449.0015 to 449.019, inclusive, and
section 1 of this act have the meanings ascribed to them in those sections.
Sec. 3. NRS 449.004 is hereby amended to read as follows:
449.004 “Facility for the care of adults during the day” means an
establishment operated and maintained to provide care during the day on a
temporary or permanent basis for aged or infirm persons. The term does
not include a halfway house for alcohol and drug abusers.
Sec. 4. NRS 449.0045 is hereby amended to read as follows:
449.0045 “Facility for the dependent” includes a facility for the
treatment of abuse of alcohol or drugs, halfway house for alcohol and
drug abusers, facility for the care of adults during the day or residential
facility for groups.
Sec. 5. NRS 449.0105 is hereby amended to read as follows:
449.0105 “Home for individual residential care” means a home in
which a natural person furnishes food, shelter, assistance and limited
supervision, for compensation, to not more than two persons who are
aged, infirm, mentally retarded or handicapped, unless the persons
receiving those services are related within the third degree of
consanguinity or affinity to the person providing those services. The term
does not include a halfway house for alcohol and drug abusers.
Sec. 6. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2, “residential
facility for groups” means an establishment that furnishes food, shelter,
assistance and limited supervision to an aged, infirm, mentally retarded or
handicapped person.
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two persons in
his own home;
(c) A natural person who provides care for one or more persons related
to him within the third degree of consanguinity or affinity;
(d) A halfway house for alcohol and drug abusers; or
[(d)] (e) A facility funded by a division or program of the department
of human resources.
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.
3. “Alcohol and drug abuser” means a person whose consumption of
alcohol or other drugs, or any combination thereof, interferes with or
adversely affects his ability to function socially or economically.
4. “Alcoholic” means any person who habitually uses alcoholic
beverages to the extent that he endangers the health, safety or welfare of
himself or any other person or group of persons.
5. “Board” means the state board of health.
6. “Civil protective custody” means a custodial placement of a person
to protect his health or safety. Civil protective custody does not have any
criminal implication.
7. “Detoxification technician” means a person who is certified by the
health division to provide screening for the safe withdrawal from alcohol
and other drugs.
8. “Facility” means a physical structure used for the education,
prevention and treatment, including mental and physical restoration, of
alcohol and drug abusers.
9. [“Halfway house for alcohol and drug abusers” means a residence
that provides housing and a living environment for alcohol and drug
abusers and is operated to facilitate their reintegration into the community,
but does not provide treatment for alcohol or drug abuse. The term does
not include a facility for the treatment of abuse of alcohol or drugs as
defined in NRS 449.00455.
10.] “Health division” means the health division of the department of
human resources.
Sec. 8. NRS 458.025 is hereby amended to read as follows:
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. Shall coordinate the efforts to carry out the state plan and coordinate
all state and federal financial support of alcohol and drug abuse programs
in this state.
3. Must be consulted in the planning of projects and advised of all
applications for grants from within this state which are concerned with
alcohol and drug abuse programs, and shall review the applications and
advise the applicants concerning the applications.
4. Shall certify or deny certification of [any halfway houses for alcohol
and drug abusers,] detoxification technicians or any facilities or programs
on the basis of the standards established by the board pursuant to this
section, and publish a list of certified [halfway houses for alcohol and drug
abusers,] detoxification technicians, facilities and programs. Any [halfway
houses for alcohol and drug abusers,] detoxification technicians, facilities
or programs which are not certified are ineligible to receive state and
federal money for alcohol and drug abuse programs. The board shall adopt
regulations. The regulations:
(a) [Must prescribe the standards for certification of halfway houses for
alcohol and drug abusers, facilities and programs;
(b)] Must prescribe the requirements for continuing education for
persons certified as detoxification technicians; and
[(c)] (b) May prescribe the fees for the certification of [halfway houses
for alcohol and drug abusers,] detoxification technicians, facilities or
programs. A fee prescribed pursuant to this paragraph must be calculated
to produce the revenue estimated to cover the costs related to the
certifications, but in no case may a fee for a certificate exceed the actual
cost to the health division of issuing the certificate.
5. Upon request from a facility which is self-supported, may certify the
facility, its programs and detoxification technicians and add them to the
list described in subsection 4.
Sec. 9. NRS 458.026 is hereby amended to read as follows:
458.026 1. An applicant for the issuance or renewal of his
certification as a detoxification technician [or as the operator of a halfway
house for alcohol and drug abusers] must submit to the health division the
statement prescribed by the welfare division of the department of human
resources pursuant to NRS 425.520. The statement must be completed and
signed by the applicant.
2. The health division shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for the
issuance or renewal of the certification; or
(b) A separate form prescribed by the health division.
3. The certification of a person as a detoxification technician [or as the
operator of a halfway house for alcohol and drug abusers] may not be
issued or renewed by the health division if the applicant:
(a) Fails to complete or submit the statement required pursuant to
subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that he
is subject to a court order for the support of a child and is not in
compliance with the order or a plan approved by the district attorney or
other public agency enforcing the order for the repayment of the amount
owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to
subsection 1 that he is subject to a court order for the support of a child
and is not in compliance with the order or a plan approved by the district
attorney or other public agency enforcing the order for the repayment of
the amount owed pursuant to the order, the administrator shall advise the
applicant to contact the district attorney or other public agency enforcing
the order to determine the actions that the applicant may take to satisfy the
arrearage.
Sec. 10. NRS 458.027 is hereby amended to read as follows:
458.027 1. If the health division receives a copy of a court order
issued pursuant to NRS 425.540 that provides for the suspension of all
professional, occupational and recreational licenses, certificates and
permits issued to a person who has been certified as a detoxification
technician , [or as the operator of a halfway house for alcohol and drug
abusers,] the health division shall deem the certification to be suspended at
the end of the 30th day after the date on which the court order was issued
unless the health division receives a letter issued by the district attorney or
other public agency pursuant to NRS 425.550 to the person who has been
certified stating that the person has complied with the subpoena or warrant
or has satisfied the arrearage pursuant to NRS 425.560.
2. The health division shall reinstate the certification of a person as a
detoxification technician [or as the operator of a halfway house for alcohol
and drug abusers] that has been suspended by a district court pursuant to
NRS 425.540 if the health division receives a letter issued by the district
attorney or other public agency pursuant to NRS 425.550 to the person
whose certification was suspended stating that the person whose
certification was suspended has complied with the subpoena or warrant or
has satisfied the arrearage pursuant to NRS 425.560.
Sec. 11. NRS 458.028 is hereby amended to read as follows:
458.028 An application for the certification of a detoxification
technician [or as the operator of a halfway house for alcohol and drug
abusers,] must include the social security number of the applicant.
Sec. 12. NRS 129.050 is hereby amended to read as follows:
129.050 1. Except as otherwise provided in section 5 of Assembly
Bill No. 173 of this [act,] session, any minor who is under the influence
of, or suspected of being under the influence of, a controlled substance:
(a) May give express consent; or
(b) If unable to give express consent, shall be deemed to
consent,
to the furnishing of hospital, medical, surgical or other care for the
treatment of abuse of drugs or related illnesses by any public or private
hospital, medical facility, facility for the dependent , other than a halfway
house for alcohol and drug abusers, or any licensed physician, and the
consent of the minor is not subject to disaffirmance because of minority.
2. Immunity from civil or criminal liability extends to any physician or
other person rendering care or treatment pursuant to subsection 1, in the
absence of negligent diagnosis, care or treatment.
3. The consent of the parent or the legal guardian of the minor is not
necessary to authorize such care, but any physician who treats a minor
pursuant to this section shall make every reasonable effort to report the
fact of treatment to the parent or parents or legal guardian within a
reasonable time after treatment.
Sec. 12.5. Section 1 of Senate Bill No. 74 of this session is hereby
amended to read as follows:
Section 1. NRS 449.017 is hereby amended to read as follows:
449.017 1. Except as otherwise provided in subsection 2,
“residential facility for groups” means an establishment that furnishes
food, shelter, assistance and limited supervision to an aged, infirm,
mentally retarded or handicapped person. The term includes, without
limitation, an assisted living facility.
2. The term does not include:
(a) An establishment which provides care only during the day;
(b) A natural person who provides care for no more than two
persons in his own home;
(c) A natural person who provides care for one or more persons
related to him within the third degree of consanguinity or affinity;
(d) A halfway house for alcohol and drug abusers; or
(e) A facility funded by a division or program of the department of
human resources.
Sec. 13. NRS 458.141, 458.145, 458.151, 458.155, 458.161, 458.165
and 458.171 are hereby repealed.
Sec. 14. Any regulations adopted by the bureau of alcohol and drug
abuse in the department of human resources pursuant to NRS 458.161 are
void. The legislative counsel shall remove those regulations from the
Nevada Administrative Code as soon as practicable after January 1, 2002.
Sec. 15. 1. The amendatory provisions of sections 1 to 12, inclusive,
of this act do not apply to any offenses committed before January 1, 2002.
2. The provisions of sections 13 and 14 of this act do not apply to any
offenses committed or actions taken before January 1, 2002, regarding
the provisions of NRS 458.141 to 458.171, inclusive, or any legal
proceedings relating to any such offenses or actions which are pending on
December 31, 2001.
Sec. 16. This act becomes effective:
1. Upon passage and approval for the purposes of adopting regulations
and performing any other preparatory administrative tasks that are
necessary to carry out the provisions of this act; and
2. On January 1, 2002, for all other purposes.
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