AB 362 — Revises provisions relating to educational personnel. (BDR 34-1144)

(NRS 394.451) Section 33 of this bill requires such an application to be accompanied by documentation of the actions the applicant has taken to comply with the requirements prescribed in sections 25, 26 and 27.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(a) The information giving rise to actual or constructive knowledge has been properly reported to a law enforcement - *AB362_R3*79th Session (2017) – 5 – agency with jurisdiction over the alleged misconduct and any other authorities required by federal, state or local law, including, without limitation, Title IX of the Education Amendments Act of 1972, 20 U.S.C.

§§ 1681 et seq., and any regulations adopted pursuant thereto, and the matter has been officially closed, or the District Attorney or law enforcement agency with jurisdiction overovere the alleged misconduct has investigated the allegations and notified school officials that there is insufficient information to establish that the employee, contractor or agent engaged in sexual misconduct regarding a minor or pupil;

In addition to fulfilling the requirements for employment prescribed by NRS 388A.323, 388A.515, 388C.200, 391.104 or 391.281, as applicable, or fulfilling the requirements for the issuance of a license prescribed by NRS 391.033, any applicant for employment with a school district, charter school or university school for profoundly gifted pupils who may have direct contact with pupils must, as a condition to employment, submit totot the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils with which the applicant seeks to obtain employment, on a form prescribed by the Department:

(b) Any other contact information for an employer or former employer described in paragraph (a) prescribed by the board of trustees of the school district, governing body of the charter school - 79th Session (2017) – 6 – or governing body of the university school for profoundly gifted pupils with which the applicant seeks to obtain employment;

- *AB362_R3* – 6 – (c) Written authorization for an employer or former employer described in paragraph (a) to release the information prescribed in sectionsec(d) 9A ofwritten thisstatement act;indicating whether the applicant has:

and (d) A written statement indicating whether the applicant has:

2.described in subsection 1 against a board of trustees, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, or an employee thereof, which is based upon information obtained by the board of trustees or the governing body with which the applicant seeks employment to determine the fitness of the applicant for employment, including, without limitation, an action for defamation, must be brought in a court in the State of Nevada and governed by the laws of this State.

Any action brought by an applicant for employment described in subsection 1 against a board of trustees, the governing body of a charter school or the governing body of a university school for profoundly gifted pupils, or an employee thereof, which is based upon information obtained by the board of trustees or the governing body with which the applicant seeks employment to determine the fitness of the applicant for employment, including, without limitation, an action for defamation, must be brought in a court in the State of Nevada and governed by the laws of this State.

An applicant for employment with an independent contractor of a school district, charter school or university school - 79th Session (2017) – 7 – for profoundly gifted pupils who may have direct contact with pupils must, before having direct contact with pupils, submit to the independent contractor on a form prescribed by the Department:

- *AB362_R3* – 7 – (a) The information described in paragraphs (a), (c) and (d) of sub(b) Any other contact information for the employers and former employers described in paragraph (a) of subsection 1;1 requested by the independent contractor with which the applicant seeks to obtain employment.

and (b) Any other contact information for the employers and former employers described in paragraph (a) of subsection 1 requested by the independent contractor with which the applicant seeks to obtain employment.

Any applicant for employment described in subsection 1 or 3 who knowingly provides false information or willfully fails to disclose any information required by this section:

(I) Except as otherwise provided in this sub- subparagraph, been the subject of an investigation concerning ananb- alleged sexual offense conducted by the employer.

- 79th Session (2017) – 8 – (III) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusionoffense.on of the investigation, to have committed the sexual offense.(b) Ensure that the applicant has a license authorizing him or her to teach or perform other educational functions at the level and, except as otherwise provided in NRS 391.125, in the field for which he or she is applying for employment, if a license is required, and that the applicant is otherwise eligible for employment.

- *AB362_R3* – 8 – (b) Ensure that the applicant has a license authorizing him or her to teach or perform other educational functions at the level and, except as otherwise provided in NRS 391.125, in the field for which he or she is applying for employment, if a license is required, and that the applicant is otherwise eligible for employment.

Such information is privileged and must not be used as the basis for any actionact3.n againstExcept theas personotherwise orprohibited entityby thatfederal providedor thestate information.law, an.

3.employer or former employer willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to section 17 of this act.

Except as otherwise prohibited by federal or state law, an employer or former employer willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to section 17 of this act.

If a statement provided pursuant to paragraph (d) of subsection 1 of section 8 of this act or subparagraph (2) of paragraph (a) of subsection 2 of section 9 of this act indicates that the applicant meets any of the criteria prescribed in that - 79th Session (2017) – 9 – paragraph or subparagraph, as applicable, the board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundly gifted pupils or independent contractor who receives the statement shall request the employer that conducted the investigation concerning an alleged sexual offense, discharged, disciplined or dismissed the employee or asked the employee to resign from employment to provide additional information concerning the matter and all - *AB362_R3* – 9 – records related to the matter, including, without limitation, any documents relating to a disciplinary action taken against the employee, disciplinary records or documents used in the decision made by the employer concerning the investigation.

Except as otherwise prohibited by federal or state law, an employer who willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to section 17 of this act.

May report the information submitted pursuant to sections 8, 9 and 10 of this act to the Department or a licensing agency, law - 79th Session (2017) – 10 – enforcement agency, agency which provides child welfare services, agency which provides child protective services or a similar agency.

Shall not be held liable for any damages resulting from the failure of an entity not subject to the jurisdiction of this State to respond to a request for information pursuant to section 9 or 10 ofofto this act or any inaccuracy or omission in the information submitted to the school district, charter school, university school for profoundly gifted pupils or independent contractor pursuant to section 9 or 10 of this act.

- *AB362_R3* – 10 – 4.

2.location where the employee may have direct contact with pupils, an independent contractor shall inform the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, with which the employee will be assigned to perform work of any instance known in which the employee:

Before assigning an employee to perform work at a location where the employee may have direct contact with pupils, an independent contractor shall inform the board of trustees of the school district, governing body of the charter school or governing body of the university school for profoundly gifted pupils, as applicable, with which the employee will be assigned to perform work of any instance known in which the employee:

- 79th Session (2017) – 11 – (b) Has ever been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon conclusion of the investigation, to have committed the sexual offense.

- *AB362_R3* – 11 – 3.

The board of trustees of a school district, governing body of a charter school or governing body of a university school for profoundly gifted pupils may authorize provisional employment of a person for a period not to exceed 90 days pending the review of information submitted pursuant to sections 8, 9 and 10 of this act if the board of trustees or the governing body determines the applicant is otherwise qualified and:

1.paragraph (d) of subsection 1 of section 8 of this act.n 2.

The applicant provided the statement described in paragraph (d) of subsection 1 of section 8 of this act.

2.

- 79th Session (2017) – 12 – Sec.

Prevent a board of trustees of a school district, governing body of a charter school, governing body of a university school for profoundlypro(a) giftedConducting pupilspupifurtherndeinvestigationsctof orfram: independent contractor from:

(a) Conducting further investigations of a prospective employee;

- *AB362_R3* – 12 – Sec.

(c) Requires the school district, charter school, university school for profoundly gifted pupils or independent contractor to expunge information about allegations or findings of suspectedsuspectedto abuse or sexual misconduct from any documents maintained by the school district, charter school, university school for profoundly gifted pupils or independent contractor unless, after investigating the alleged violation, the school district, charter school, university school for profoundly gifted pupils or independent contractor determines that the allegations were false, unfounded, unsubstantiated or inconclusive.

- 79th Session (2017) – 13 – Sec.

Any information collected pursuant to section 8, 9 or 10 of this act is confidential and is not a public book or record within the meaning of NRS 239.010.

Any person who willfully violates any provision of sections 2 to 17, inclusive, of this act is subject to a civil penalty of not more than $10,000 for each violation.

This penalty must be penalty recovered in a civil action, brought in the name of the State of Nevada by the Attorney General.

The Department shall maintain a list of any independent contractors who have been found to have willfully violated the provisions of sections 2 to 17, inclusive, of this act and make the list available, upon request, to the board of trustees of a school - *AB362_R3* – 13 – district, governing body of a charter school or governing body of a university school for profoundly gifted pupils.

All licenses for teachers and other educational personnel are granted by the Superintendent of Public Instruction pursuantotherwise toprovided regulationsby adoptedlaw.opted by the Commission and as otherwise2. provided by law.

2.

The Superintendent may issue a provisional license pending receipt of the reports of the Federal Bureau of Investigation and the - 79th Session (2017) – 14 – Central Repository for Nevada Records of Criminal History if the Superintendent determines that the applicant is otherwise qualified.

(a) The Superintendent determines that the applicant is qualified;

Superintendent determines that the applicant is (b) The reports on the criminal history of the applicant from the Federal Bureau of Investigation and the Central Repository for Nevada Records of Criminal History:

- *AB362_R3* – 14 – 6.

The Superintendent or his or her designee may deny the application for a license after providing written notice of his or her intent to deny the application to the applicant and providing an opportunity for the applicant to have a hearing.

and providing 8.

- 79th Session (2017) – 15 – (a) Maintain a list of the names of persons whose applications for a license are denied due to conviction of a sexual offense involving a minor;

(b) Update the list maintained pursuant to paragraph (a) monthly;mon(c) Provide this list to the board of trustees of a school district or the governing body of a charter school upon request.

and (c) Provide this list to the board of trustees of a school district or the governing body of a charter school upon request.

- *AB362_R3* – 15 – (h) Conviction of a felony or of a crime involving moral turpitude;

(l) Failure to show normal improvement and evidence of professionalpro(m) trainingAdvocating andoverthrow growth;of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

(m) Advocating overthrow of the Government of the United States or of the State of Nevada by force, violence or other unlawful means, or the advocating or teaching of communism with the intent to indoctrinate pupils to subscribe to communistic philosophy;

- 79th Session (2017) – 16 – (s) Knowingly and willfully failing to comply with the provisions of NRS 388.1351;

(t) Knowingly and willfully violating any provision of sections 2 to 17, inclusive, of this act;

(u)[(u)] Gross(v) misconduct;An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

or [(u)] (v) An intentional failure to report a violation of NRS 388.135 if the teacher or administrator witnessed the violation.

- *AB362_R3* – 16 – 4.

Sec.391.755.

20.1.

NRSWhenever 391.755 is herebyheanby amendedaadministratord toachargedws: read as follows:

391.755with 1.supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.750, the administrator shall:

Whenever an administrator charged with supervision of a licensed employee believes it is necessary to admonish the employee for a reason that the administrator believes may lead to demotion or dismissal or may cause the employee not to be reemployed under the provisions of NRS 391.750, the administrator shall:

and - 79th Session (2017) – 17 – (b) Except as otherwise provided in NRS 391.760, allow reasonable time for improvement, which must not exceed 3 months for the first admonition.

¬ The admonition must include a description of the deficiencies of thedeficiencies.nd teacher and the action that is necessary to correct those deficiencies.2.

2.

As used in sections 22 to 32, inclusive, of this act, unless the context otherwise requires, the words and terms defined - *AB362_R3* – 17 – in sections 23 and 24 of this act have the meanings ascribed to them in those sections.

in section 4 of this act.conduct” has the meaning ascribed to it Sec.

23.

“Sexual misconduct” has the meaning ascribed to it in section 4 of this act.

Sec.

- 79th Session (2017) – 18 – (b) Any other contact information for the employer or former employer described in paragraph (a) prescribed by the governing body of the school with which the applicant seeks to obtainobtainning employment;

(2) Been discharged, disciplined, had a contract not renewed, asked to resign from employment, resigned from employment or otherwise separated from employment while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation, and was found, upon conclusion of the investigation, to have committed the sexual offense.

(3) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, upon - *AB362_R3* – 18 – conclusion of the investigation, to have committed the sexual offense.

Any action brought by an applicant for employment described in subsection 1 against the governing body of a private school or an employee thereof which is based upon information obtained by the governing body of the private school with which the applicant seeks employment to determine the fitness of the applicant for employment, including, without limitation, an action for defamation, must be brought in a court in the State of Nevada andand3.ovAny governedapplicant byfor theemployment lawsdescribed ofin subsection 1 who knowingly provides false information or willfully fails to disclose any information required by this State.section:

3.- 79th Session (2017) – 19 – (a) Is subject to discipline, including, without limitation, termination of employment or a civil penalty pursuant to section of this act;

Any applicant for employment described in subsection 1 who knowingly provides false information or willfully fails to disclose any information required by this section:

(a) Is subject to discipline, including, without limitation, termination of employment or a civil penalty pursuant to section 32 of this act;

Sec.section 25 of this act, the governing body of a private school shall contact each employer and former employer described in paragraph (a) of subsection 1 of section 25 of this act and request that the employer provide:

26.

1.

Upon receipt of the information required by section 25 of this act, the governing body of a private school shall contact each employer and former employer described in paragraph (a) of subsection 1 of section 25 of this act and request that the employer provide:

(3) Had a license or certificate suspended or revoked or has been required to surrender a license or certificate while an investigation concerning an alleged sexual offense was pending or upon conclusion of such an investigation and was found, uponuponng or conclusion of the investigation, to have committed the sexual offense.

- *AB362_R3* – 19 – 2.

- 79th Session (2017) – 20 – 3.

Except as otherwise prohibited by federal or state law, an employer or former employer that willfully fails to disclose any information required by subsection 1 is subject to discipline, including, without limitation, a civil penalty pursuant to section 32 of this4.is act.In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

4.

In addition to the penalty set forth in subsection 3, a private school that willfully fails to disclose any information required by subsection 1 is subject to discipline, which may include, without limitation, being placed on a plan of corrective action by the Department.

(b) Is immune from civil and criminal liability to the same extent provided in paragraph (b) of subsection 2 of section 26 of this act.

- *AB362_R3* – 20 – 4.

- 79th Session (2017) – 21 – 1.

May report the information submitted pursuant to sections 25, 26 and 27 of this act to the Department or a licensing agency, law enforcement agency, agency which provides child welfarewelfareagency, services, agency which provides child protective services or a similar agency.

3.disqualified from employment.or affirms that he or she is not 4.

The applicant swears or affirms that he or she is not disqualified from employment.

4.

- *AB362_R3* – 21 – (a) Conducting further investigations of a prospective employee;

- 79th Session (2017) – 22 – 2.

Relieve a person of a duty to report prescribed by NRS 432B.220432Sec. or any other provision of state or federal law.

Sec.

1.an1.otThe governing body of a private school shall not enter into an agreement that:

The governing body of a private school shall not enter into an agreement that:

In such an action, the Attorney GeneralGenSec. may recover reasonable attorney’s fees and costs.

Sec.

NRSreNRS 394.251 is hereby amended to read as follows:

and - *AB362_R3* – 22 – (b) Documentation of the actions the institution has taken to comply with the requirements prescribed in sections 25, 26 and 27 of this act.

After review of the application and any further information required by the Superintendent, and an investigation of the applicant - 79th Session (2017) – 23 – if necessary, the Board shall either grant or deny a license to operate to the applicant.

3.least the following information:n a clear and conspicuous manner at (a) The date of issuance, effective date and term of the license.

The license must state in a clear and conspicuous manner at least the following information:

(a) The date of issuance, effective date and term of the license.

(a) The institution has been licensed to operate for not less than 4 years preceding the authorization;

If a change in ownership of the institution occurs, the new owner or governing body must, within 10 days after the change in ownership, apply for a new license, and if it fails to do so, the institution’s license terminates.

and - *AB362_R3* – 23 – (b) Include documentation of the actions the institution has taken to comply with the requirements prescribed in sections 25, 26 and 27 of this act.

- 79th Session (2017) – 24 – An institution in operation when its application for a license is filed may continue operation until its application is acted upon by the Board, and thereafter its authority to operate is governed by the action of the Board.

Sec.239.010.

34.1.

Except as otherwise provided in this section and NRS 239.0101.4683, is1.4687, hereby1A.110, amended41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, - 79th Session (2017) – 25 – 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 16 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to readbe asconfidential, follows:all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

239.010 1.

Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 41.071, 49.095, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 130.312, 130.712, 136.050, 159.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179A.450, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281A.350, 281A.440, 281A.550, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.5002, 293.503, 293.558, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.16925, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.610, 365.138, 366.160, 368A.180, 372A.080, 378.290, 378.300, 379.008, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 391.035, 392.029, 392.147, 392.264, 392.271, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 398.403, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, - *AB362_R3* – 24 – 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 433.534, 433A.360, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 445A.665, 445B.570, 449.209, 449.245, 449.720, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 481.063, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641A.191, 641B.170, 641C.760, 642.524, 643.189, 644.446, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.430, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 692A.117, 692C.190, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 16 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the - *AB362_R3* – 25 – rights of a person in any written book or record which is copyrighted pursuant to federal law.

- 79th Session (2017) – 26 – 2.

A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate the confidential information from the information included in the public book or record that is not otherwise confidential.

(a) Except as otherwise provided in subsection 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency;

andandvides child (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the child has been abused or neglected.

(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency - *AB362_R3*79th Session (2017) – 2627 – other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

3.who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by prenatal illegal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

(b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

- 79th Session (2017) – 28 – (h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

- *AB362_R3* – 27 – (i) Except as otherwise provided in NRS 432B.225, an attorney.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a lawlaws enforcement agency.

- 79th Session (2017) – 29 – (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section;

and - *AB362_R3* – 28 – (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuantpursuantnic to this section;

(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her dutyomduty pursuant to this section;

H~~~~~ 17 - *AB362_R3*79th Session (2017)