S.B. 538
Senate Bill No. 538–Committee on Human
Resources and Facilities
(On Behalf of Department of Human
Resources—Director’s Office)
March 26, 2001
____________
Referred to Committee on Human Resources and Facilities
SUMMARY—Creates advisory council within department of human resources. (BDR 38‑355)
FISCAL NOTE: Effect on Local Government: No.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to the department of human resources; creating an advisory council within the department of human resources; abolishing the state welfare board, the Nevada commission on aging, the commission on mental health and developmental services, and the advisory board on maternal and child health; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1 Section 1. Chapter 422 of NRS is hereby amended by adding thereto
1-2 the provisions set forth as sections 2 to 8, inclusive, of this act.
1-3 Sec. 2. As used in sections 2 to 8, inclusive, of this act, unless the
1-4 context otherwise requires, “council” means the advisory council created
1-5 by section 3 of this act.
1-6 Sec. 3. The advisory council, consisting of 15 members appointed by
1-7 the governor, is hereby created within the department.
1-8 Sec. 4. 1. The governor shall appoint members to the council who
1-9 have an interest in and a knowledge of the programs administered by the
1-10 department.
1-11 2. Members of the council must be selected to provide statewide
1-12 representation, and not more than seven members may be residents of
1-13 the same county.
1-14 3. Members of the council may be removed for failure to attend the
1-15 meetings of the council.
2-1 Sec. 5. 1. The members of the council shall meet twice each year to
2-2 consider any issues related to the programs for which the department is
2-3 responsible that may be of importance to members of the general public,
2-4 the governor or the department at such places as the council, the
2-5 chairman of the council or the director deems appropriate.
2-6 2. Eight members of the council constitute a quorum, and a quorum
2-7 may exercise all the power and authority conferred on the council.
2-8 3. The council shall:
2-9 (a) At least 45 days before the date it holds a meeting, provide public
2-10 notice of the date, time and location of the meeting, in addition to the
2-11 notice required pursuant to NRS 241.020.
2-12 (b) Keep minutes of all meetings of the council, which must include
2-13 records of testimony and written comments presented to the council, and
2-14 file the minutes with the director. The minutes must be maintained as
2-15 public records.
2-16 Sec. 6. 1. At the first meeting after the adjournment of any regular
2-17 session of the legislature, the council shall elect from its members a
2-18 chairman and vice chairman. The terms of the offices of chairman and
2-19 vice chairman expire upon the election of a chairman and vice chairman
2-20 at the first meeting following the adjournment of the next regular session
2-21 of the legislature.
2-22 2. If a vacancy occurs in the office of chairman, the vice chairman
2-23 shall assume the duties of chairman for the unexpired term. If a vacancy
2-24 occurs in the office of vice chairman, the council shall, at its next
2-25 meeting, fill the vacancy for the unexpired term.
2-26 3. The director shall act as the nonvoting recording secretary.
2-27 Sec. 7. 1. For each day’s attendance at each meeting of the
2-28 council, each member of the council is entitled to receive a salary of not
2-29 more than $80 per day, as fixed by the council.
2-30 2. While engaged in the business of the council, each member and
2-31 employee of the council is entitled to receive the per diem allowance and
2-32 travel expenses provided for state officers and employees generally.
2-33 Sec. 8. The council shall:
2-34 1. Adopt regulations for its management and government.
2-35 2. Not later than 90 days after it holds a meeting, advise the director,
2-36 based upon any testimony, written comments and other matters
2-37 considered at the meeting, of any recommendations of the council for
2-38 legislation or other action relating to the programs for which the
2-39 department is responsible.
2-40 Sec. 9. NRS 422.001 is hereby amended to read as follows:
2-41 422.001 As used in this chapter, unless the context otherwise requires,
2-42 the words and terms defined in NRS [422.010] 422.021 to 422.055,
2-43 inclusive, have the meanings ascribed to them in those sections.
2-44 Sec. 10. NRS 422.190 is hereby amended to read as follows:
2-45 422.190 The state welfare administrator shall make:
2-46 1. Such reports, subject to approval by the director, as will comply
2-47 with the requirements of federal legislation and this chapter.
2-48 2. Reports to the [board.] director.
3-1 3. A biennial report to the director on the condition, operation and
3-2 functioning of the welfare division.
3-3 Sec. 11. NRS 427A.040 is hereby amended to read as follows:
3-4 427A.040 1. The division shall : [, consistent with the priorities
3-5 established by the commission pursuant to NRS 427A.038:]
3-6 (a) Serve as a clearinghouse for information related to problems of the
3-7 aged and aging.
3-8 (b) Assist the director in all matters pertaining to problems of the aged
3-9 and aging.
3-10 (c) Develop plans, conduct and arrange for research and demonstration
3-11 programs in the field of aging.
3-12 (d) Provide technical assistance and consultation to political
3-13 subdivisions with respect to programs for the aged and aging.
3-14 (e) Prepare, publish and disseminate educational materials dealing with
3-15 the welfare of older persons.
3-16 (f) Gather statistics in the field of aging which other federal and state
3-17 agencies are not collecting.
3-18 (g) Stimulate more effective use of existing resources and available
3-19 services for the aged and aging.
3-20 (h) Develop and coordinate efforts to carry out a comprehensive state
3-21 plan for providing services to meet the needs of older persons. In
3-22 developing and revising the state plan, the division shall consider, among
3-23 other things, the amount of money available from the Federal Government
3-24 for services to aging persons and the conditions attached to the acceptance
3-25 of such money, and the limitations of legislative appropriations for services
3-26 to aging persons.
3-27 (i) Coordinate all state and federal funding of service programs to the
3-28 aging in the state.
3-29 (j) Confer with the department as the sole state agency in the state
3-30 responsible for administering the provisions of this chapter.
3-31 2. The division may contract with any appropriate public or private
3-32 agency, organization or institution, in order to carry out the provisions of
3-33 this chapter.
3-34 Sec. 12. NRS 427A.270 is hereby amended to read as follows:
3-35 427A.270 1. The division may apply for, accept and expend any
3-36 federal or private grant of money or other type of assistance that becomes
3-37 available to carry out the provisions of NRS 427A.250 to 427A.280,
3-38 inclusive. Any money received pursuant to this section must be deposited
3-39 with the state treasurer and accounted for separately in the state general
3-40 fund.
3-41 2. The division shall, with the approval of the [commission and]
3-42 director, establish a schedule of fees to be charged and collected for any
3-43 service provided pursuant to NRS 427A.250 to 427A.280, inclusive.
3-44 Sec. 13. NRS 217.450 is hereby amended to read as follows:
3-45 217.450 1. The [commission on mental health and developmental
3-46 services shall advise the administrator of the division concerning the award
3-47 of grants from the account for aid for victims of domestic violence.
3-48 2. The] administrator of the division shall give priority to those
3-49 applications for grants from the account for aid for victims of domestic
4-1 violence submitted by organizations which offer the broadest range of
4-2 services for the least cost within one or more counties. The administrator
4-3 shall not approve the use of money from a grant to acquire any buildings.
4-4 [3.] 2. The administrator of the division has the final authority to
4-5 approve or deny an application for a grant. The administrator shall notify
4-6 each applicant in writing of the action taken on its application within 45
4-7 days after the deadline for filing the application.
4-8 [4.] 3. In determining the amount of money to be allocated for grants,
4-9 the administrator of the division shall use the following formula:
4-10 (a) A basic allocation of $7,000 must be made for each county whose
4-11 population is less than 100,000. For counties whose population is 100,000
4-12 or more, the basic allocation is $35,000. These allocations must be
4-13 increased or decreased for each fiscal year ending after June 30, 1990, by
4-14 the same percentage that the amount deposited in the account during the
4-15 preceding fiscal year, pursuant to NRS 122.060, is greater or less than the
4-16 sum of $791,000.
4-17 (b) Any additional revenue available in the account must be allocated to
4-18 grants, on a per capita basis, for all counties whose population is 14,000 or
4-19 more.
4-20 (c) Money remaining in the account after disbursement of grants does
4-21 not revert and may be awarded in a subsequent year.
4-22 Sec. 14. NRS 433.244 is hereby amended to read as follows:
4-23 433.244 1. The administrator must:
4-24 (a) Have training and demonstrated administrative qualities of
4-25 leadership in any one of the professional fields of psychiatry, medicine,
4-26 psychology, social work, education or administration.
4-27 (b) Be appointed[, from a list of three persons nominated by the
4-28 commission,] on the basis of merit as measured by administrative training
4-29 or experience in programs relating to mental health, including care,
4-30 treatment or training, or any combination thereof, of mentally ill and
4-31 mentally retarded persons and persons with related conditions.
4-32 (c) Have additional qualifications which are in accordance with criteria
4-33 prescribed by the department of personnel.
4-34 2. The administrator is in the unclassified service of the state.
4-35 Sec. 15. NRS 433.254 is hereby amended to read as follows:
4-36 433.254 1. The administrator serves at the pleasure of the governor
4-37 and shall:
4-38 (a) Serve as the executive officer of the division;
4-39 (b) Administer the division in accordance with the policies established
4-40 by the [commission;] department;
4-41 (c) Make an annual report to the director of the department on the
4-42 condition and operation of the division, and such other reports as the
4-43 director may prescribe; and
4-44 (d) Employ, within the limits of available money, the assistants and
4-45 employees necessary to the efficient operation of the division.
4-46 2. The administrator shall appoint the administrative personnel
4-47 necessary to operate the programs of the division, including an associate
4-48 administrator for mental retardation. The [commission] director of the
4-49 department must approve the credentials, training and experience of
5-1 deputy administrators and heads of enumerated institutions. [He] The
5-2 administrator shall delegate to the administrative officers the power to
5-3 appoint medical, technical, clerical and operational staff necessary for the
5-4 operation of the facilities of the division.
5-5 3. If the administrator finds that it is necessary or desirable that any
5-6 employee reside at a facility operated by the division or receive meals at
5-7 such a facility, perquisites granted or charges for services rendered to that
5-8 person are at the discretion of the governor.
5-9 4. The administrator may accept persons referred to the division for
5-10 treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
5-11 Sec. 16. NRS 433.395 is hereby amended to read as follows:
5-12 433.395 1. Upon approval of the director of the department, the
5-13 administrator may accept:
5-14 (a) Donations of money and gifts of real or personal property; and
5-15 (b) Grants of money from the Federal Government,
5-16 for use in public or private programs that provide services to persons in this
5-17 state who are mentally ill or mentally retarded and persons with related
5-18 conditions.
5-19 2. The administrator shall disburse any donations, gifts and grants
5-20 received pursuant to this section to programs that provide services to
5-21 persons who are mentally ill or mentally retarded and persons with related
5-22 conditions . [in a manner that supports the plan to coordinate services
5-23 created by the commission pursuant to subsection 7 of NRS 433.316. In the
5-24 absence of a plan to coordinate services, the] The administrator shall make
5-25 disbursements to programs that will maximize the benefit provided to
5-26 persons who are mentally ill or mentally retarded and persons with related
5-27 conditions in consideration of the nature and value of the donation, gift or
5-28 grant.
5-29 3. Within limits of legislative appropriations or other available money,
5-30 the administrator may enter into a contract for services related to the
5-31 evaluation and recommendation of recipients for the disbursements
5-32 required by this section.
5-33 Sec. 17. NRS 433.404 is hereby amended to read as follows:
5-34 433.404 1. The division shall establish a fee schedule for services
5-35 rendered through any program supported by the state pursuant to the
5-36 provisions of chapters 433 to 436, inclusive, of NRS. The schedule must be
5-37 submitted to the [commission and the] director of the department for [joint]
5-38 approval before enforcement. The fees collected by facilities operated by
5-39 the division pursuant to this schedule must be deposited in the state
5-40 treasury to the credit of the state general fund, except as otherwise
5-41 provided in NRS 433.354 for fees collected pursuant to contract or
5-42 agreement and in NRS 435.120 for fees collected for services to mentally
5-43 retarded clients and clients with related conditions.
5-44 2. For a facility providing services for the treatment of the mentally ill
5-45 or mentally retarded and persons with related conditions, the fee
5-46 established must approximate the cost of providing the service, but if a
5-47 client is unable to pay in full the fee established pursuant to this section,
5-48 the division may collect any amount the client is able to pay.
6-1 Sec. 18. NRS 433.482 is hereby amended to read as follows:
6-2 433.482 Each client admitted for evaluation, treatment or training to a
6-3 facility has the following personal rights, a list of which must be
6-4 prominently posted in all facilities providing those services : [and must be
6-5 otherwise brought to the attention of the client by such additional means as
6-6 prescribed by regulation:]
6-7 1. To wear his own clothing, to keep and use his own personal
6-8 possessions, including his toilet articles, unless those articles may be used
6-9 to endanger his or [others’] other person’s lives, and to keep and be
6-10 allowed to spend a reasonable sum of his own money for expenses and
6-11 small purchases.
6-12 2. To have access to individual space for storage for his private use.
6-13 3. To see visitors each day.
6-14 4. To have reasonable access to telephones, both to make and receive
6-15 confidential calls.
6-16 5. To have ready access to materials for writing letters, including
6-17 stamps, and to mail and receive unopened correspondence, but:
6-18 (a) For the purposes of this subsection, packages are not considered as
6-19 correspondence; and
6-20 (b) Correspondence identified as containing a check payable to a client
6-21 may be subject to control and safekeeping by the administrative officer of
6-22 that facility or his designee, so long as the client’s record of treatment
6-23 documents the action.
6-24 6. To have reasonable access to an interpreter if the client does not
6-25 speak English or is hearing impaired.
6-26 7. To designate a person who must be kept informed by the facility of
6-27 the client’s medical and mental condition, if the client signs a release
6-28 allowing the facility to provide such information to the person.
6-29 8. To have access to his medical records denied to any person other
6-30 than:
6-31 (a) A member of the staff of the facility or related medical personnel, as
6-32 appropriate;
6-33 (b) A person who obtains a waiver by the client of his right to keep the
6-34 medical records confidential; or
6-35 (c) A person who obtains a court order authorizing the access.
6-36 [9. Other personal rights as specified by regulation of the commission.]
6-37 Sec. 19. NRS 433.484 is hereby amended to read as follows:
6-38 433.484 Each client admitted for evaluation, treatment or training to a
6-39 facility has the following rights concerning care, treatment and training, a
6-40 list of which must be prominently posted in all facilities providing those
6-41 services : [and must be otherwise brought to the attention of the client by
6-42 such additional means as prescribed by regulation:]
6-43 1. To medical, psychosocial and rehabilitative care, treatment and
6-44 training including prompt and appropriate medical treatment and care for
6-45 physical and mental ailments and for the prevention of any illness or
6-46 disability. All of that care, treatment and training must be consistent with
6-47 standards of practice of the respective professions in the community and is
6-48 subject to the following conditions:
7-1 (a) Before instituting a plan of care, treatment or training or carrying out
7-2 any necessary surgical procedure, express and informed consent must be
7-3 obtained in writing from:
7-4 (1) The client if he is 18 years of age or over or legally emancipated
7-5 and competent to give that consent, and from his legal guardian, if any;
7-6 (2) The parent or guardian of a client under 18 years of age and not
7-7 legally emancipated; or
7-8 (3) The legal guardian of a client of any age who has been
7-9 adjudicated mentally incompetent;
7-10 (b) An informed consent requires that the person whose consent is
7-11 sought be adequately informed as to:
7-12 (1) The nature and consequences of the procedure;
7-13 (2) The reasonable risks, benefits and purposes of the procedure; and
7-14 (3) Alternative procedures available;
7-15 (c) The consent of a client as provided in paragraph (b) may be
7-16 withdrawn by the client in writing at any time with or without cause;
7-17 (d) Even in the absence of express and informed consent, a licensed and
7-18 qualified physician may render emergency medical care or treatment to any
7-19 client who has been injured in an accident or who is suffering from an
7-20 acute illness, disease or condition, if within a reasonable degree of medical
7-21 certainty, delay in the initiation of emergency medical care or treatment
7-22 would endanger the health of the client and if the treatment is immediately
7-23 entered into the client’s record of treatment, subject to the provisions of
7-24 paragraph (e); and
7-25 (e) If the proposed emergency medical care or treatment is deemed by
7-26 the chief medical officer of the facility to be unusual, experimental or
7-27 generally occurring infrequently in routine medical practice, the chief
7-28 medical officer shall request consultation from other physicians or
7-29 practitioners of healing arts who have knowledge of the proposed care or
7-30 treatment.
7-31 2. To be free from abuse, neglect and aversive intervention.
7-32 3. To consent to his transfer from one facility to another, except that
7-33 the administrator of the division of mental health and developmental
7-34 services of the department or his designee, or the administrator of the
7-35 division of child and family services of the department or his designee,
7-36 may order a transfer to be made whenever conditions concerning care,
7-37 treatment or training warrant it. If the client in any manner objects to the
7-38 transfer, the person ordering it must enter the objection and a written
7-39 justification of the transfer in the client’s record of treatment and
7-40 immediately forward a notice of the objection to the administrator who
7-41 ordered the transfer . [, and the commission shall review the transfer
7-42 pursuant to subsection 3 of NRS 433.534.
7-43 4. Other rights concerning care, treatment and training as may be
7-44 specified by regulation of the commission.]
7-45 Sec. 20. NRS 433.534 is hereby amended to read as follows:
7-46 433.534 1. The rights of a client enumerated in this chapter must not
7-47 be denied except to protect the client’s health and safety or to protect the
7-48 health and safety of others, or both. Any denial of those rights in any
7-49 facility must be entered in the client’s record of treatment, and notice of the
8-1 denial must be forwarded to the administrative officer of the facility.
8-2 Failure to report denial of rights by an employee may be grounds for
8-3 dismissal.
8-4 2. If the administrative officer of a facility receives notice of a denial
8-5 of rights as provided in subsection 1, he shall cause a full report to be
8-6 prepared which must set forth in detail the factual circumstances
8-7 surrounding the denial. Such a report is confidential and must not be
8-8 disclosed. [A copy of the report must be sent to the commission.
8-9 3. The commission:
8-10 (a) Shall receive reports of and may investigate apparent violations of
8-11 the rights guaranteed by this chapter;
8-12 (b) May act to resolve disputes relating to apparent violations;
8-13 (c) May act on behalf of clients to obtain remedies for any apparent
8-14 violations; and (d) Shall otherwise endeavor to safeguard the rights
8-15 guaranteed by this chapter.
8-16 4. Pursuant to NRS 241.030, the commission may close any portion of
8-17 a meeting in which it considers the character, alleged misconduct or
8-18 professional competence of a person in relation to:
8-19 (a) The denial of the rights of a client; or
8-20 (b) The care and treatment of a client.
8-21 The provisions of this subsection do not require a meeting of the
8-22 commission to be closed to the public.]
8-23 Sec. 21. NRS 433A.420 is hereby amended to read as follows:
8-24 433A.420 The medical director of a division facility may order the
8-25 transfer to a hospital of the Department of Veterans Affairs or other facility
8-26 of the United States Government any admitted client eligible for treatment
8-27 therein. If the client in any manner objects to the transfer, the medical
8-28 director of the facility shall enter the objection and a written justification of
8-29 the transfer in the client’s record and forward a notice of the objection to
8-30 the administrator . [, and the commission shall review the transfer pursuant
8-31 to subsections 2 and 3 of NRS 433.534.]
8-32 Sec. 22. NRS 433A.430 is hereby amended to read as follows:
8-33 433A.430 1. Whenever the administrator determines that division
8-34 facilities within the state are inadequate for the care of any mentally ill
8-35 person, he may designate two physicians, licensed under the provisions of
8-36 chapter 630 of NRS, and familiar with the field of psychiatry, to examine
8-37 that person. If the two physicians concur with the opinion of the
8-38 administrator, the administrator may contract with appropriate
8-39 corresponding authorities in any other state of the United States having
8-40 adequate facilities for such purposes for the reception, detention, care or
8-41 treatment of that person, but if the person in any manner objects to the
8-42 transfer, the procedures in subsection 3 of NRS 433.484 and [subsections 2
8-43 and 3] subsection 2 of NRS 433.534 must be followed. The two physicians
8-44 so designated are entitled to a reasonable fee for their services which must
8-45 be paid by the county of the person’s last known residence.
8-46 2. Money to carry out the provisions of this section must be provided
8-47 by direct legislative appropriation.
9-1 Sec. 23. NRS 433B.130 is hereby amended to read as follows:
9-2 433B.130 1. The administrator shall:
9-3 (a) Administer[, in accordance with the policies established by the
9-4 commission,] the programs of the division for the mental health of
9-5 children.
9-6 (b) Appoint the administrative personnel necessary to operate the
9-7 programs of the division for the mental health of children. The
9-8 [commission] director of the department must approve the credentials,
9-9 training and experience of deputy administrators and administrative
9-10 officers appointed for this purpose.
9-11 (c) Delegate to the administrative officers the power to appoint medical,
9-12 technical, clerical and operational staff necessary for the operation of any
9-13 division facilities.
9-14 2. If the administrator finds that it is necessary or desirable that any
9-15 employee reside at a facility operated by the division or receive meals at
9-16 such a facility, perquisites granted or charges for services rendered to that
9-17 person are at the discretion of the governor.
9-18 3. The administrator may accept children referred to the division for
9-19 treatment pursuant to the provisions of NRS 458.290 to 458.350, inclusive.
9-20 4. The administrator may enter into agreements with the administrator
9-21 of the division of mental health and developmental services of the
9-22 department for the care and treatment of clients of the division of child and
9-23 family services at any facility operated by the division of mental health and
9-24 developmental services.
9-25 Sec. 24. NRS 433B.250 is hereby amended to read as follows:
9-26 433B.250 1. The division shall establish a fee schedule for services
9-27 rendered through any program supported by the state pursuant to the
9-28 provisions of this chapter. The schedule must be submitted to the
9-29 [commission and the] director of the department for [joint] approval before
9-30 enforcement. The fees collected by facilities operated by the division
9-31 pursuant to this schedule must be deposited in the state treasury to the
9-32 credit of the state general fund, except as otherwise provided in NRS
9-33 433B.220 for fees collected pursuant to contract or agreement.
9-34 2. For a facility providing services for the treatment of mentally ill
9-35 children, the fee established must approximate the cost of providing the
9-36 service, but if a client, or the parent or legal guardian of the client, is
9-37 unable to pay in full the fee established pursuant to this section, the
9-38 division may collect any amount the client, parent or legal guardian is able
9-39 to pay.
9-40 Sec. 25. NRS 435.240 is hereby amended to read as follows:
9-41 435.240 1. All applications for a certificate of qualification [which
9-42 have been approved by the administrator] must be reviewed by the
9-43 [commission] administrator for approval or rejection.
9-44 2. If an application is rejected by the administrator, he shall notify the
9-45 applicant in writing of the rejection, setting out the reasons therefor.
9-46 3. [Within 30 days after the administrator mails the notice of rejection
9-47 of the application, the applicant may appeal the rejection to the
9-48 commission. The commission shall review the application and the reasons
9-49 for its denial and may receive evidence, documentary or testimonial, to aid
10-1 it in its decision. Thereafter, the commission shall issue its decision
10-2 rejecting the application or remanding the application to the administrator
10-3 for approval.] The decision of the [commission] administrator is a final[.]
10-4 decision for the purposes of judicial review.
10-5 4. No new applicants may be certified if the certification brings the
10-6 average support per enrollee below the amount specified in the budget for
10-7 the community training center account as approved by the most recent
10-8 session of the legislature for those centers that are already certified.
10-9 Sec. 26. NRS 435.250 is hereby amended to read as follows:
10-10 435.250 1. After approval of the application, the division shall issue
10-11 a certificate of qualification to centers which meet the requirements of
10-12 NRS 435.130 to 435.320, inclusive, and the standards set by the division.
10-13 2. The division may revoke the certificate of qualification of a center
10-14 at any time [when] if it fails to meet the requirements of NRS 435.130 to
10-15 435.320, inclusive, or the standards set by the division.
10-16 [3. An appeal may be taken from any such revocation in the same
10-17 manner as appeals are taken from a rejection of an application under NRS
10-18 435.240. The decision of the commission is final as to such appeals.]
10-19 Sec. 27. NRS 435.260 is hereby amended to read as follows:
10-20 435.260 Money for the purpose of aiding training centers in the
10-21 community which have received certificates of qualification from the
10-22 division must be provided by legislative appropriation. The division is
10-23 authorized to make grants from the appropriation to aid qualifying centers .
10-24 [if the commission also approves the grants.]
10-25 Sec. 28. NRS 435.290 is hereby amended to read as follows:
10-26 435.290 1. A center holding a certificate of qualification from the
10-27 division is entitled to aid from the community training center account in the
10-28 amount, within the limits of legislative appropriations, specified in the
10-29 budget for the community training center account as approved by the most
10-30 recent session of the legislature:
10-31 (a) Per enrollee;
10-32 (b) For centers entitled to the minimal allotment, if the center maintains
10-33 five or more enrollees and its staff and operating expenses are equal to or
10-34 greater than the amount allocated; or
10-35 (c) For centers entitled to the minimal allotment on a pro rata basis per
10-36 enrollee, if the center maintains four or fewer enrollees and its staff and
10-37 operating expenses are equal to or greater than the amount allocated,
10-38 whichever is greater.
10-39 2. The division[, upon approval of the commission,] may grant aid
10-40 from the community training center account to help in establishing new
10-41 centers. This aid in the aggregate must not exceed one-fourth of the money
10-42 available in the account for the year in which it is given.
10-43 Sec. 29. NRS 435.350 is hereby amended to read as follows:
10-44 435.350 1. Each mentally retarded person or person with a related
10-45 condition admitted to a division facility is entitled to all rights enumerated
10-46 in NRS 433.482, 433.484 and 433.545 to 433.551, inclusive.
10-47 2. The administrator shall designate a person or persons to be
10-48 responsible for establishment of regulations relating to denial of rights of
11-1 mentally retarded persons and persons with related conditions. The person
11-2 designated shall file the regulations with the administrator.
11-3 3. Clients’ rights specified in NRS 433.482 and 433.484 may be
11-4 denied only for cause. Any denial of such rights must be entered in the
11-5 client’s treatment record, and notice of the denial must be forwarded to the
11-6 administrator’s designee or designees as provided in subsection 2. Failure
11-7 to report denial of rights by an employee may be grounds for dismissal.
11-8 4. Upon receipt of notice of a denial of rights as provided in subsection
11-9 3, the administrator’s designee or designees shall cause a full report to be
11-10 prepared which sets forth in detail the factual circumstances surrounding
11-11 the denial. A copy of the report must be sent to the administrator . [and the
11-12 commission.
11-13 5. The commission has such powers and duties with respect to reports
11-14 of denial of rights as are enumerated in subsection 3 of NRS 433.534.]
11-15 Sec. 30. NRS 436.125 is hereby amended to read as follows:
11-16 436.125 The division shall[, subject to the supervision of the
11-17 commission,] administer this chapter[. The commission shall] and adopt
11-18 guidelines for county programs and regulations necessary thereto, but these
11-19 standards and regulations must be adopted only after consultation with and
11-20 approval of the county director of each program being so administered.
11-21 These standards and regulations must support and maximize local
11-22 responsibility for and control of county programs within the framework of
11-23 general guidelines.
11-24 Sec. 31. NRS 439.610 is hereby amended to read as follows:
11-25 439.610 1. The board of trustees of the trust fund for public health is
11-26 hereby created.
11-27 2. The board consists of [11] 9 members composed of:
11-28 (a) The administrator or his designee.
11-29 (b) The state health officer or his designee.
11-30 (c) [The chairman of the Nevada commission on aging or his designee.
11-31 (d)] The chairman of the state board of health or his designee.
11-32 [(e) The chairman of the advisory board on maternal and child health or
11-33 his designee.
11-34 (f)] (d) The superintendent of schools of the school district in this state
11-35 that has the highest number of enrolled pupils or his designee.
11-36 [(g)] (e) The county health officers of the two most populous counties in
11-37 this state.
11-38 [(h)] (f) One member appointed by the Nevada Association of Counties,
11-39 or its successor, who serves as a county health officer in a rural area of this
11-40 state.
11-41 [(i)] (g) A representative of the University of Nevada School of
11-42 Medicine appointed by the Dean of the School of Medicine.
11-43 [(j)] (h) One member appointed by the governor who possesses
11-44 knowledge, skill and experience in providing health care services.
11-45 3. The term of a member of the board who is appointed pursuant to
11-46 paragraph [(h), (i) or (j)] (f), (g) or (h) of subsection 2 is 4 years.
11-47 4. The board shall annually elect a chairman from among its members.
11-48 The board shall meet at least quarterly. A majority of the members
12-1 constitutes a quorum, and a majority of those present must concur in any
12-2 decision.
12-3 5. Each member of the board serves without compensation. While
12-4 engaged in the business of the board, each member is entitled to receive the
12-5 per diem allowance and travel expenses provided for state officers and
12-6 employees generally. The per diem allowance and travel expenses of:
12-7 (a) A member of the board who is an officer or employee of this state or
12-8 a local government thereof must be paid by the state agency or the local
12-9 government.
12-10 (b) Any other member of the board must be paid from the interest and
12-11 income earned on the money in the trust fund.
12-12 6. Each member of the board who is an officer or employee of this
12-13 state or a local government must be relieved from his duties without loss of
12-14 his regular compensation so that he may perform his duties relating to the
12-15 board in the most timely manner practicable. A state agency or local
12-16 government shall not require an officer or employee who is a member of
12-17 the board to:
12-18 (a) Make up the time he is absent from work to fulfill his obligations as
12-19 a member of the board; or
12-20 (b) Take annual leave or compensatory time for the absence.
12-21 7. The health division shall provide such administrative support to the
12-22 board as is required to carry out the duties of the board.
12-23 Sec. 32. NRS 442.003 is hereby amended to read as follows:
12-24 442.003 As used in this chapter, unless the context requires otherwise:
12-25 1. [“Advisory board” means the advisory board on maternal and child
12-26 health.
12-27 2.] “Department” means the department of human resources.
12-28 [3.] 2. “Director” means the director of the department of human
12-29 resources.
12-30 [4.] 3. “Fetal alcohol syndrome” includes fetal alcohol effects.
12-31 [5.] 4. “Health division” means the health division of the department
12-32 of human resources.
12-33 [6.] 5. “Obstetric center” has the meaning ascribed to it in NRS
12-34 449.0155.
12-35 [7.] 6. “Provider of health care or other services” means:
12-36 (a) A person who has been certified as a counselor or an administrator
12-37 of an alcohol and drug abuse program pursuant to chapter 458 of NRS;
12-38 (b) A physician or a physician’s assistant who is licensed pursuant to
12-39 chapter 630 of NRS and who practices in the area of obstetrics and
12-40 gynecology, family practice, internal medicine, pediatrics or psychiatry;
12-41 (c) A licensed nurse;
12-42 (d) A licensed psychologist;
12-43 (e) A licensed marriage and family therapist;
12-44 (f) A licensed social worker; or
12-45 (g) A holder of a certificate of registration as a pharmacist.
12-46 Sec. 33. NRS 442.385 is hereby amended to read as follows:
12-47 442.385 [1.] The health division shall develop and carry out a
12-48 program of public education to increase public awareness about the
12-49 dangers of fetal alcohol syndrome and other adverse effects on a fetus that
13-1 may result from the consumption of alcohol during pregnancy. The
13-2 program must include, without limitation:
13-3 [(a)] 1. Educational messages that are directed toward the general
13-4 public and specific geographical areas and groups of persons in this state
13-5 that are identified pursuant to subsection 1 of NRS 442.420 as having
13-6 women who are at a high risk of consuming alcohol during pregnancy.
13-7 [(b)] 2. Providing training materials to school personnel to assist them
13-8 in identifying pupils who may be suffering from fetal alcohol syndrome
13-9 and offering to provide the parents of those pupils with a referral for
13-10 diagnostic services and treatment.
13-11 [(c)] 3. If a toll-free telephone service is otherwise provided by the
13-12 health division, the use of that telephone service for providing information
13-13 relating to programs for the treatment of substance abuse, providers of
13-14 health care or other services and other available resources, and referrals to
13-15 those programs, if appropriate. The telephone number must be disclosed in
13-16 the educational messages provided pursuant to this section.
13-17 [2. The subcommittee shall periodically evaluate the program to
13-18 determine its effectiveness.]
13-19 Sec. 34. NRS 442.390 is hereby amended to read as follows:
13-20 442.390 [1.] The University of Nevada School of Medicine shall
13-21 develop guidelines to assist a provider of health care or other services in
13-22 identifying:
13-23 [(a)] 1. Pregnant women who are at a high risk of consuming alcohol
13-24 during pregnancy; and
13-25 [(b)] 2. Children who are suffering from fetal alcohol syndrome.
13-26 [2. The subcommittee shall review, amend, adopt and distribute the
13-27 guidelines developed by the University of Nevada School of Medicine
13-28 pursuant to subsection 1.]
13-29 Sec. 35. NRS 442.425 is hereby amended to read as follows:
13-30 442.425 1. The health division may apply for and accept gifts, grants
13-31 and contributions from any public or private source to carry out its duties
13-32 pursuant to the provisions of NRS [442.350] 442.385 to 442.425, inclusive.
13-33 2. The health division shall account separately for the money received
13-34 from those gifts, grants or contributions. The administrator of the health
13-35 division shall administer the account, and all claims against the account
13-36 must be approved by the administrator before they are paid.
13-37 3. The money in the account must be used only to carry out the
13-38 provisions of NRS [442.350] 442.385 to 442.425, inclusive.
13-39 4. The subcommittee may make recommendations to the administrator
13-40 of the health division concerning the use of the money in the account. The
13-41 administrator shall consider the recommendations of the subcommittee.
13-42 Sec. 36. NRS 232.303, 232.306, 422.010, 422.070, 422.080, 422.110,
13-43 422.120, 422.130, 422.140, 427A.023, 427A.032, 427A.034, 427A.036,
13-44 427A.038, 433.047, 433.314, 433.316, 433.324, 433.325, 433.327,
13-45 442.133, 442.135, 442.137, 442.350, 442.355, 442.360, 442.365, 442.370,
13-46 442.375 and 442.380 are hereby repealed.
13-47 Sec. 37. This act becomes effective on July 1, 2002.
14-1 LEADLINES OF REPEALED SECTIONS
14-2 232.303 Commission on mental health and developmental services:
14-3 Creation; composition; chairman; terms of members; vacancies.
14-4 232.306 Commission on mental health and developmental services:
14-5 Meetings; quorum; salary; expenses; restrictions on ownership of or
14-6 employment by certain enterprises.
14-7 422.010 “Board” defined.
14-8 422.070 Creation; appointment of members.
14-9 422.080 Qualifications and removal of members.
14-10 422.110 Meetings; quorum; notice of meetings; minutes.
14-11 422.120 Officers.
14-12 422.130 Compensation of members and employees.
14-13 422.140 Powers and duties.
14-14 427A.023 “Commission” defined.
14-15 427A.032 Creation; appointment and terms of members;
14-16 vacancies; removal.
14-17 427A.034 Meetings; quorum; regulations; subcommittees and
14-18 advisory committees.
14-19 427A.036 Compensation of members and former members;
14-20 payment of expenses; expenditures.
14-21 427A.038 Powers and duties.
14-22 433.047 “Commission” defined.
14-23 433.314 Duties.
14-24 433.316 Powers.
14-25 433.324 Regulations.
14-26 433.325 Inspection of facility.
14-27 433.327 Right of certain employees of department to submit
14-28 information or requests to commission or appear before commission.
14-29 442.133 Advisory board on maternal and child health: Creation;
14-30 membership; terms; compensation.
14-31 442.135 Advisory board on maternal and child health: Meetings;
14-32 election of officers; appointment of subcommittees.
14-33 442.137 Advisory board on maternal and child health: Purpose
14-34 and objectives.
14-35 442.350 “Subcommittee” defined.
14-36 442.355 Advisory subcommittee on fetal alcohol syndrome of
14-37 advisory board on maternal and child health: Creation; membership;
14-38 expert assistance.
14-39 442.360 Subcommittee: Election of officers; terms and
14-40 reappointment of members; vacancies.
14-41 442.365 Subcommittee: Meetings; quorum; staff.
14-42 442.370 Subcommittee: Compensation of members; rights of
14-43 members employed by state or local government.
15-1 442.375 Subcommittee: Identification of and annual report on
15-2 methods to prevent and collect information regarding syndrome.
15-3 442.380 Advisory board and subcommittee: General duties.
15-4 H