Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of SB248 (§ 2, 10).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 1 and 2 and renumbering sections 3 through 5 as sections 1 through 3.
Amend sec. 3, page 3, line 4, by deleting:
“4 and 5” and inserting:
“2, 3 and 4”.
Amend sec. 4, page 3, by deleting lines 6 through 13 and inserting:
“certification of a person as a detoxification technician.
2. Any”.
Amend sec. 4, page 4, by deleting lines 4 through 16 and inserting:
“3. A person shall not engage in any activity for which the Board requires a certificate as a detoxification technician pursuant to this section unless the person is the holder of such a certificate.”.
Amend sec. 4, page 4, line 17, by deleting “6.” and inserting “4.”.
Amend sec. 4, page 4, line 24, by deleting “7.” and inserting “5.”.
Amend sec. 4, page 4, between lines 27 and 28, by inserting:
“6. As used in this section, “detoxification technician” means a person who is certified by the Board to provide screening for the safe withdrawal from alcohol and other drugs.”.
Amend sec. 5, page 4, by deleting line 45 and inserting:
“detoxification technician to submit”.
Amend sec. 5, page 5, line 2, by deleting “license or”.
Amend the bill as a whole by deleting sec. 6, renumbering sec. 7 as sec. 5 and adding a new section designated sec. 4, following sec. 5, to read as follows:
“Sec. 4. The Board may enter into an interlocal agreement with an Indian tribe to provide to members of the tribe training in the practice of counseling alcohol and drug abusers to assist those persons in obtaining licenses and certificates as alcohol and drug abuse counselors.”.
Amend the bill as a whole by adding new sections designated sections 6 and 7, following sec. 7, to read as follows:
“Sec. 6. NRS 641C.390 is hereby amended to read as follows:
FIRST
PARALLEL SECTION
641C.390 1. The
Board shall issue a certificate as an alcohol and drug abuse counselor to a
person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) [Has] Except as otherwise provided in subsection 2, has received a bachelor’s degree from an accredited college or university in a field of social science approved by the Board;
(d) Has completed 4,000 hours of supervised counseling of alcohol and drug abusers;
(e) Passes the written and oral examinations prescribed by the Board pursuant to NRS 641C.290;
(f) Pays the fees required pursuant to NRS 641C.470; and
(g) Submits the statement required pursuant to NRS 641C.280.
2. The Board may waive the educational requirement set forth in paragraph (c) of subsection 1 if an applicant for a certificate has contracted with or receives a grant from the Federal Government to provide services as an alcohol and drug abuse counselor to persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq. An alcohol and drug abuse counselor certified pursuant to this section for whom the educational requirement set forth in paragraph (c) of subsection 1 is waived may provide services as an alcohol and drug abuse counselor only to those persons who are authorized to receive those services pursuant to 25 U.S.C. §§ 450 et seq. or 25 U.S.C. §§ 1601 et seq.
3. A certificate as an alcohol and drug abuse counselor is valid for 2 years and may be renewed.
[3.] 4. A certified alcohol and drug abuse counselor may:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or abuser of drugs.
Sec. 7. NRS 641C.420 is hereby amended to read as follows:
FIRST
PARALLEL SECTION
641C.420 1. The
Board shall issue a certificate as an alcohol and drug abuse counselor intern
to a person who:
(a) Is not less than 21 years of age;
(b) Is a citizen of the United States or is lawfully entitled to remain and work in the United States;
(c) Has a high school diploma or a general equivalency diploma;
(d) Pays the fees required pursuant to NRS 641C.470;
(e) Submits proof to the Board that he:
(1) Is enrolled in a program from which he will receive an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; or
(2) Has received an associate’s degree, bachelor’s degree, master’s degree or doctoral degree in a field of social science approved by the Board; and
(f) Submits the statement required pursuant to NRS 641C.280.
2. A certificate as an alcohol and drug abuse counselor intern is valid for 1 year and may be renewed. The Board may waive any requirement for the renewal of a certificate upon good cause shown by the holder of the certificate.
3. A certified intern may, under the supervision of a licensed counselor:
(a) Engage in the practice of counseling alcohol and drug abusers; and
(b) Diagnose or classify a person as an alcoholic or drug abuser.”.
Amend sec. 8, page 5, line 21, by deleting “5” and inserting “3”.
Amend sec. 9, page 6, line 1, by deleting “5” and inserting “3”.
Amend sec. 11, page 7, line 3, by deleting “5” and inserting “3”.
Amend the bill as a whole by deleting sections 12 through 15 and adding new sections designated sections 12 through 17 and the text of repealed sections, following sec. 11, to read as follows:
“Sec. 12. NRS 641C.910 is hereby amended to read as follows:
641C.910 1. A person shall not:
(a) Hold himself out to [the] a member of the general public as an alcohol and drug abuse counselor or alcohol and drug abuse counselor intern;
(b) Use the title “alcohol and drug abuse counselor,” “alcohol and drug abuse counselor intern,” “drug abuse counselor,” “substance abuse [counselor”] counselor,” “detoxification technician” or any similar title in connection with his work; or
(c) Imply in any way that he is licensed or certified by the Board,
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unless he is licensed or certified by the Board pursuant to
the provisions of this chapter[.] or a regulation adopted pursuant to
section 2 of this act.
2. If the Board believes that any person has violated or is about to violate [the provisions of subsection 1,] any provision of this chapter or a regulation adopted pursuant thereto, it may bring an action in a court of competent jurisdiction to enjoin [that] the person from engaging in or continuing the violation. An injunction:
(a) May be issued without proof of actual damage sustained by any person.
(b) Does not prevent the criminal prosecution and punishment of a person who violates [the provisions of subsection 1.] a provision of this chapter or a regulation adopted pursuant thereto.
Sec. 13. NRS 641C.950 is hereby amended to read as follows:
641C.950 A person who violates any provision of [the provisions of] this chapter or a regulation adopted pursuant thereto is guilty of a misdemeanor.
Sec. 14. 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.] 8. “Health Division” means the Health Division of the Department of Human Resources.
Sec. 15. 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.
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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 [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 [detoxification technicians,] facilities and programs. Any [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 requirements for continuing education for persons certified as detoxification technicians; and
(b) May] which may prescribe the fees for the certification of [detoxification technicians,] facilities or programs. A fee prescribed pursuant to this [paragraph] subsection 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 [,] and its programs and [detoxification technicians and] add them to the list described in subsection 4.
Sec. 16. NRS 458.026, 458.027 and 458.028 are hereby repealed.
Sec. 17. 1. This section and sections 1 to 13, inclusive, of this act become effective on July 1, 2003.
2. Sections 14, 15 and 16 of this act become effective on the date the regulation adopted by the Board pursuant to section 2 of this act becomes effective, unless a later effective date is otherwise specified in the regulation.
TEXT OF REPEALED SECTIONS
458.026 Certification of detoxification technician: Statement by applicant concerning payment of child support; grounds for denial of certification; duty of Administrator.
1. An applicant for the issuance or renewal of his certification as a detoxification technician 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 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.
458.027 Certification of detoxification technician: Suspension of certification for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification.
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, 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 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.
458.028 Certification of detoxification technician: Application to include social security number. An application for the certification of a detoxification technician must include the social security number of the applicant.”.
Amend the title of the bill to read as follows:
“AN ACT relating to professions; authorizing the Board of Examiners for Alcohol and Drug Abuse Counselors to adopt regulations to certify persons as detoxification technicians; authorizing the Board to make certain determinations based on information included in a report of criminal history under certain circumstances; requiring the Board to charge and collect a fee for approving a course of continuing education; authorizing the Board to enter into an interlocal agreement with an Indian tribe to provide assistance to members of the tribe training in the practice of counseling alcohol and drug abusers; expanding the circumstances under which the Board may bring an action to enjoin certain violations; providing a penalty; and providing other matters properly relating thereto.”.