Amendment vs bill Amendment 710 vs Enrolled

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Assembly Bill No.
Session (80th) A AB129 R2 710 Amendment No.
129–Assemblywomen Munk;
710 Senate Amendment to Assembly Bill No.
Benitez-Thompson and Monroe-Moreno CHAPTER..........
129 Second Reprint (BDR 40-157) Proposed by:
Senate Committee on Health and Human Services Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Da|e SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
EWR/RBL - Date:
5/14/2019 A.B.
No.
129—Requires certain first responders to receive certain training concerning persons with developmental disabilities.
(BDR 40-157) Page 1 of 9 *A_AB129_R2_710* Senate Amendment No.
710 to Assembly Bill No.
129 Second Reprint Page 3 A SSEMBLY B ILLN O.
129–A SSEMBLYWOMEN M UNK ;
BENITEZ-T HOMPSON AND M ONROE -M ORENO FEBRUARY 12, 2019 _______________ Referred to Committee on Health and Human Services SUMMARY—Requires certain first responders to receive certain training concerning persons with developmental disabilities.
(BDR 40-157) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
providing that receiving such training does not change the standard of care for which such first responders are responsible;
providing [certain immunity from civil liability to a person who is required to complete such training and the State or any political subdivision of the State that employs such a person;] that receiving such training does not change the standard of care for which such first responders are responsible;
(NRS 289.550, 450B.160, or certification to complete training concerning persons with developmental licensure disabilities before initial licensure or certification, as applicable.
(NRS 289.550, 450B.160, 450B.180) Sections 2, 4 and 11 of concerning persons with developmental disabilities before initial licensure or certification, as applicable.
Sections 1, 3, 5-10 and 12 ofthisbill make conforming changes.
Sections 1, 3, 5-10 and 12 of this bill make conforming changes.
Section 13ofthis bill requires aperson who, on October 1, 2019, is licensed as an ambulance attendant or firefighter or certified as an emergency medical technician, advanced emergency medical that he or she has completed the additional training concerning persons with1, 2020, developmental disabilities required by section 2, 4 or 11.
Section 13 of this bill requires a person who, on October 1, 2019, is licensed as an ambulance attendant or firefighter or certified as an emergency medical technician, advanced emergency medical technician, paramedic or peace officer to submit proof on or before October 1, 2020, that he or she has completed the additional training concerning persons with developmental disabilities required by section 2, 4 or 11.
Section 10.5 of this bill provides that a person who is required to complete training concerning persons with developmental disabilities shall not be held to a higher standard of care and does not have a duty greater than had he or she not received the training with respect to the identification, diagnosis or treatment of a developmental disability.
Section 10.5 of this bill provides [immunity from civil liability to] that a person who is required to complete training concerning persons with developmental disabilities [for any death, bodily injury or damage to property that occurs as a result of his or her failure to receive such training or act in a manner consistent with the training, unless the failure results subdivision of the State that employs such a person is immune from civil liability for anyitical death, bodily injury or damage to property that occurs as a result of the failure of the person to receive the required training or act in a manner consistent with the training.] shall not be held to a higher standard of care and does not have a duty greater than had he or she not received the training with respect to the identification, diagnosis or treatment of a developmental disability.
EXPLANATION – Matter in bolded italics is new;
Senate Amendment No.
matter between brackets [omitted material] is material to be omitted.
710 to Assembly Bill No.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
129 Second Reprint Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 80th Session (2019) – 2 – 2.
2.
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(a) A current, valid certificate evidencing the applicant’s successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as an attendant, or, if a volunteer attendant,at a level of skill determined by the board.
(a) A current, valid certificate evidencing the applicant’s successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as an attendant, or, if a volunteer attendant, at a level of skill determined by the board.
successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as a firefighter with a fire-fighting agency.
(b) A current valid certificate evidencing the applicant’s successful completion of a program of training as an emergency medical technician, advanced emergency medical technician or paramedic, if the applicant is applying for a license as a firefighter with a fire-fighting agency.
(d) Proof that the applicant has completed the training required by subsection 4.
(d) Proof that the applicant has completed the training required by subs(e) Such other certificates for training and such other items as the board may specify.
(e) Such other certificates for training and such other items as the board may specify.
The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of lic[5.] 6.
The board shall adopt such regulations as it determines are necessary for the issuance, suspension, revocation and renewal of licenses.
[5.] 6.
A registered nurse who performs emergency care in an ambulance or air ambulance shall perform the care in accordance withtheregulations of the State Board of Nursing.
A registered nurse who performs emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the State Board of Nursing.
A licensed physician assistant who performs emergency care in an ambulanceorairambulanceshallperformthecareinaccordancewith the regulations of the Board of Medical Examiners.
A licensed physician assistant who performs emergency care in an ambulance or air ambulance shall perform the care in accordance with the regulations of the Board of Medical Examiners.
- 80th Session (2019) – 3 – [7.] 8.
[7.] 8.
Examiners for a physician or licensed physician assistant or by the State Board of Nursing for a registered nurse.
Senate Amendment No.
710 to Assembly Bill No.
129 Second Reprint Page 5  The certification must be issued by the Board of Medical Examiners for a physician or licensed physician assistant or by the State Board of Nursing for a registered nurse.
450B.171 Except as otherwise provided in this chapter, unlicensed relatives of a sickor injured patient and other persons may ride in an ambulance if there are two attendants in the ambulance, licensing pursuant to subsection [6] 7 of NRS 450B.160.empt from Sec.
450B.171 Except as otherwise provided in this chapter, unlicensed relatives of a sick or injured patient and other persons may ride in an ambulance if there are two attendants in the ambulance, each of whom is licensed pursuant to this chapter or exempt from licensing pursuant to subsection [6] 7 of NRS 450B.160.
Sec.
A certificate is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate complies with the - 80th Session (2019) – 4 – provisions of this chapter and meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.
A certificate is valid for a period not exceeding 2 years and may be renewed if the holder of the certificate complies with the provisions of this chapter and meets the qualifications set forth in the regulations and standards established by the board pursuant to this chapter.
destruction;
[(a)] (1) An overview of acts of terrorism and weapons of mass destruction;
An overview of acts of terrorism and weapons of mass [(b)] (2) Personal protective equipment required for acts of terrorism;
[(b)] (2) Personal protective equipment required for acts of terrorism;
and [(e)] (5) Anoverviewoftheinformationavailableon,andtheuse of, the Health Alert Network.
and [(e)] (5) An overview of the information available on, and the use of, the Health Alert Network.
finds that the holder of the certificate no longer meets the prescribed qualifications.
Senate Amendment No.
710 to Assembly Bill No.
129 Second Reprint Page 6 4.
The health authority may suspend or revoke a certificate if it finds that the holder of the certificate no longer meets the prescribed qualifications.
Acertificateissuedpursuanttothissectionisvalidthroughout the State, whether issued by the Division or a district board of health.
A certificate issued pursuant to this section is valid throughout the State, whether issued by the Division or a district board of health.
- 80th Session (2019) – 5 – 8.
8.
NRS 435.007.lopmental disability” has the meaning ascribed to it in (e) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.
(d) “Developmental disability” has the meaning ascribed to it in NRS 435.007.
(e) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437.
The board may adopt regulations which prescribe other requirements of training for certification as an emergency medical tec4.icAn owner of an ambulance shall not offer emergency medical care to a patient in urgent need of medical care or observation unless the attendant has successfully completed a program of training for certification as an emergency medical technician or is exempt, pursuant to subsection [6] 7 of NRS 450B.160, from the requirement to obtain that training.
The board may adopt regulations which prescribe other requirements of training for certification as an emergency medical technician.
4.
An owner of an ambulance shall not offer emergency medical care to a patient in urgent need of medical care or observation unless the attendant has successfully completed a program of training for certification as an emergency medical technician or is exempt, pursuant to subsection [6] 7 of NRS 450B.160, from the requirement to obtain that training.
or - 80th Session (2019) – 6 – (b) At least equivalent to any curriculumor educational standards prepared by the Department of Transportation as a national standard for emergency medical technicians.
or (b) At least equivalent to any curriculum or educational standards prepared by the Department of Transportation as a national standard for emergency medical technicians.
A program of training for certification as an advanced emergency medical technician must include an approved curriculum lungs.Onlyacertifiedemergencymedicaltechnicianwithexperienceir to the as established by the board is eligible for this training.
A program of training for certification as an advanced emergency medical technician must include an approved curriculum in intravenous therapy and the Senate Amendment No.
710 to Assembly Bill No.
129 Second Reprint Page 7 management of a passage for air to the lungs.
Only a certified emergency medical technician with experience as established by the board is eligible for this training.
an attendant or firefighter shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency shall not offer, emergency care as an advanced emergency medical technician without fulfilling the requirements established by the board.
6.
Except as authorized by subsection [6] 7 of NRS 450B.160, an attendant or firefighter shall not perform, and the owner, operator, director or chief officer of an ambulance or a fire-fighting agency shall not offer, emergency care as an advanced emergency medical technician without fulfilling the requirements established by the board.
A programof trainingfor certification as a paramedic must be supervised by a licensed physician and approved by the health authority.
A program of training for certification as a paramedic must be supervised by a licensed physician and approved by the health authority.
- 80th Session (2019) – 7 – (a) Comply with the requirements established by the board for continuing medical education;
(a) Comply with the requirements established by the board for continuing medical education;
paramedic unless the person has on file with the health authority a currently valid certificate evidencing the person’s successful completion of the program of training required by this section.
5.
A person shall not represent himself or herself to be a paramedic unless the person has on file with the health authority a currently valid certificate evidencing the person’s successful completion of the program of training required by this section.
Except as otherwise provided in this section, the public or private owner of an ambulance or air ambulance or a fire- fighting agency which owns a vehicle used in providing medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility shall not permit its operation and use by any person not licensed under this chapter.
Except as otherwise provided in this section, the public or private owner of an ambulance or air ambulance or a fire-fighting agency which owns a vehicle used in providing medical care to sick or injured persons at the scene of an emergency or while transporting those persons to a medical facility shall not permit its operation and use by any person not licensed under this chapter.
An ambulance carrying a sick or injured patient must be occupied by a driver and an attendant, each of whomis licensed as an attendant pursuant to this chapter or exempt from licensing pursuant to subsection [6] 7 of NRS 450B.160, except as otherwise provided the board and for whichtheboard mayprescribe lesser qualifications.
An ambulance carrying a sick or injured patient must be occupied by a driver and an attendant, each of whom is licensed as an attendant pursuant to this chapter or exempt from licensing pursuant to subsection [6] 7 of NRS 450B.160, except as otherwise provided in subsection 5 or in geographic areas which may be Senate Amendment No.
710 to Assembly Bill No.
129 Second Reprint Page 8 designated by the board and for which the board may prescribe lesser qualifications.
A person who operates or uses a vehicle owned by a fire- fighting agency is not required to be licensed under this chapter, except that such a vehicle may not be used to provide the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons:
A person who operates or uses a vehicle owned by a fire-fighting agency is not required to be licensed under this chapter, except that such a vehicle may not be used to provide the level of medical care provided by an advanced emergency medical technician or paramedic to sick or injured persons:
- 80th Session (2019) – 8 – (a) At the scene of an emergency unless at least one person in the vehicle is licensed to provide the care;
(a) At the scene of an emergency unless at least one person in the vehicle is licensed to provide the care;
hospital but, upon delivering the patient, immediately returns to thea site of the special event;
1.
Is capable of transporting a patient from a special event to a hospital but, upon delivering the patient, immediately returns to the site of the special event;
thereto a new section to read as follows:eby amended by adding An attendant, firefighter employed by or serving as a volunteer with a fire-fighting agency, an emergency medical technician, advanced emergency medical technician, paramedic or a peace officer who has received the training required pursuant to NRS 450B.160 or 450B.180 or section 11 of this act shall not be held to a higher standard of care and does not have a duty greater than had he or she not received the training with respect to the identification, diagnosis or treatment of a developmental disability.
10.5.
Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
[1.] An attendant, firefighter employed by or serving as a volunteer with a fire-fighting agency, an emergency medical technician, advanced emergency medical technician, paramedic or a peace officer who [, while acting in the course of his or her employment, is immune from civil liability for any death, bodily injury or damage to property that occurs as a result of his or her failure to receive] has received the training required pursuant to NRS 450B.160 or 450B.180 or section 11 of this act [, or his or her failure to identify or interact with any person with a developmental disability in a manner consistent with the training received pursuant to NRS 450B.160 or 450B.180 or section 11 of this act, unless the failure results from willful misconduct or bad faith.
2.
The State or any political subdivision of the State that employs a person described in subsection 1 is immune from civil liability for any death, bodily injury or damage to property that occurs as a result of the failure of the person to Senate Amendment No.
710 to Assembly Bill No.
129 Second Reprint Page 9 receive the training required pursuant to NRS 450B.160 or 450B.180 or section 11 of this act, or the failure of the person to identify or interact with any person with a developmental disability in a manner consistent with the training received pursuant to NRS 450B.160 or 450B.180 or section 11 of this act.] shall not be held to a higher standard of care and does not have a duty greater than had he or she not received the training with respect to the identification, diagnosis or treatment of a developmental disability.
Sec.
The Peace Officers’ Standards and Training Commission shall require, as a condition of the certification of each peace - 80th Session (2019) – 9 – officer, the completion of training concerning identifying and interacting with persons with developmental disabilities.
The Peace Officers’ Standards and Training Commission shall require, as a condition of the certification of each peace officer, the completion of training concerning identifying and interacting with persons with developmental disabilities.
Trainingcompletedpursuanttothissectionalsosatisfiesthe requirement for such training prescribed by NRS 450B.160 or 450B.180, if applicable.
Training completed pursuant to this section also satisfies the requirement for such training prescribed by NRS 450B.160 or 450B.180, if applicable.
289.450 As used in NRS 289.450 to 289.650, inclusive, and section11ofthisact,unlessthecontextotherwiserequires,thewords and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.
289.450 As used in NRS 289.450 to 289.650, inclusive, and section 11 of this act, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.
Certified as a peace officer pursuant to chapter 289 of NRS, completed the training required, as applicable, by subsection 4 ofas NRS 450B.160, as amended by section 2 of this act, paragraph (b) of subsection 3 of NRS 450B.180, as amended by section 4 of this act, or section 11 of this act.
Certified as a peace officer pursuant to chapter 289 of NRS, must submit on or before October 1, 2020, proof that he or she has completed the training required, as applicable, by subsection 4 of NRS 450B.160, as amended by section 2 of this act, paragraph (b) of subsection 3 of NRS 450B.180, as amended by section 4 of this act, or section 11 of this act.
~~~~~ 19 - 80th Session (2019)