Nevada 2019 Regular Session Status: Enacted

AB 151 — Provides for the protection of children who are victims of commercial sexual exploitation. (BDR 38-457)

Last action — Chapter 316.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 15, 2019. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to public welfare; requiring certain persons to report the commercial sexual exploitation of a child to an agency which provides child welfare services; requiring all persons to report the commercial sexual exploitation of a child to a law enforcement agency in certain circumstances; authorizing a fee for certain costs relating to information maintained by an agency which provides child welfare services; requiring an agency which provides child welfare services to adopt certain rules, policies or regulations; providing penalties; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

588 added · 604 removed

588 line(s) added, 604 removed.

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REQUIRES TWO-THIRDS MAJORITY VOTE (§ 15) EXEMPT (Reprinted with amendments adopted on May 24, 2019) FIRST REPRINT A.B.
Assembly Bill No.
151 ASSEMBLY BILLN O.
151–Committee on Health and Human Services CHAPTER..........
151–C OMMITTEE ON H EALTH AND H UMAN SERVICES (ON B EHALF OF THE L EGISLATIVE C OMMITTEE ON CHILD W ELFARE AND JUVENILE JUSTICE ) FEBRUARY 15, 2019 ____________ Referred to Committee on Health and Human Services SUMMARY—Provides for the protection of children who are victims of commercial sexual exploitation.
(BDR 38-457) 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.
Section 12 provides that any person who - *AB151_R1* – 2 – knowingly and willfully violates such a requirement is guilty of a misdemeanor for the first violation and a gross misdemeanor for each subsequent violation.
Section 12 provides that any person who knowingly and willfully violates such a requirement is guilty of a misdemeanor for also requires any person who knows or has reasonable cause to believe that aion child is a commercially sexually exploited child to immediately contact a law enforcement agency if an alleged perpetrator of the commercial sexual exploitation is or is alleged to be present with the child, or the child is otherwise in imminent danger to report the commercial sexual exploitation of the child.
Section 12 also requires any person who knows or has reasonable cause to believe that a child is a commercially sexually exploited child to immediately contact a law enforcement agency if an alleged perpetrator of the commercial sexual exploitation is or is alleged to be present with the child, or the child is otherwise in imminent danger to report the commercial sexual exploitation of the child.
The Nevada Rules of Professional Conduct generally prohibit an attorney from revealing information relating to the representation of a client unless the client representation.
revealing information relating to the representation of a client unless the client consents to the disclosure or the disclosure is impliedly authorized to carry out the representation.
However, the Rules require an attorney to reveal such information the to the extent the attorney reasonably believes necessary to prevent a criminal act that is likely to result in reasonably certain death or substantial bodily harm.
However, the Rules require an attorney to reveal such information to the extent the attorney reasonably believes necessary to prevent a criminal act that is likely to result in reasonably certain death or substantial bodily harm.
c (2000)) Section 12.5 of this bill:
c (2000)) section 12 when prohibited by the Nevada Rules of Professional Conduct;
(1) prohibits an attorney from making a report pursuant to requires an attorney to make a report pursuant to section 12 when necessary to) prevent further sex trafficking or sexual abuse of a child and in other circumstances when such reporting is authorized by the Nevada Rules of Professional Conduct.
and (2)ant to requires an attorney to make a report pursuant to section 12 when necessary to prevent further sex trafficking or sexual abuse of a child and in other circumstances when such reporting is authorized by the Nevada Rules of Professional Conduct.
Section 13 of this bill requires an agency which provides child welfare services, upon receiving a report concerning the commercial sexual exploitation of a child, to:
- 80th Session (2019) – 2 – Section 13 of this bill requires an agency which provides child welfare services, upon receiving a report concerning the commercial sexual exploitation of a child, to:
further sets forth the actions that an agency which provides child welfare services is authorized to take if no abuse or neglect of the child is identified.
and (2) conduct an assessment relating to abuse or neglect of the child.
Section 14 of this bill provides that information maintained pursuant to sections 2-15 of this bill by an agency which provides child welfare services is confidential and any person who willfully releases or disseminates such information, except in certain authorized circumstances, is guilty of a misdemeanor.
Section 13 authorized to take if no abuse or neglect of the child is identified.lfare services is Section 14 of this bill provides that information maintained pursuant to sections 2-15 of this bill by an agency which provides child welfare services is confidential and any person who willfully releases or disseminates such information, except in certain authorized circumstances, is guilty of a misdemeanor.
Section 15 generally provides that any person to whom such information public is guilty of a gross misdemeanor.
Section 15 generally provides that any person to whom such information is provided who further disseminates the information or makes the information public is guilty of a gross misdemeanor.
(1) authorizes an agency which provides child welfare services to charge a fee for processing costs necessary to prepare such information for authorized release;
(1) authorizes costs necessary to prepare such information for authorized release;
Existing law provides that if a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, and the violent or sexual offense would constitute abuse or neglect of a child, the report shall be deemed to be a report of the abuse or neglect of the child that is required by offense would constitute the commercial sexual exploitation of a child, the report shall be deemed to be a report of the commercial sexual exploitation of a child that is required by section 12.
Existing law provides that if a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, and the violent or sexual offense would constitute abuse or neglect of a child, the report shall be deemed to be a report of the abuse or neglect of the child that is required by law.
Sections 18 and 19 of this bill make certain provisions of law that apply to the duty of certain professionals to report the abuse or neglect of a child also apply to - *AB151_R1* – 3 – the duty of such professionals to report the commercial sexual exploitation of a child pursuant to section 12.
(NRS 202.894) Section 16 of this bill provides that if the sexual or violent shall be deemed to be a report of the commercial sexual exploitation of a child that is required by section 12.
Sections 18 and 19 of this bill make certain provisions of law that apply to the duty of certain professionals to report the abuse or neglect of a child also apply to the duty of such professionals to report the commercial sexual exploitation of a child pursuant to section 12.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Sec.
- 80th Session (2019) – 3 – Sec.
Sec.
it in NRS 432B.044.elfare services” has the meaning ascribed to Sec.
5.
“Child welfare services” has the meaning ascribed to it in NRS 432B.044.
Sec.
“Information maintained by an agency which provides child welfare services” means data or information concerning reports and assessments made pursuant to this chapter, including, without limitation, the name, address, date of birth, social security number and image or likeness of any child, family member of any child and reporting party or source, whether primary or collateral.
“Information maintained by an agency which provides child welfare services” means data or information concerning reports and assessments made pursuant to this chapter, including, without limitation, the name, address, date of birth, social security number and image or likeness of any child, family member of any child and reporting party or source, wheSec.
Sec.
- *AB151_R1* – 4 – Sec.
Sec.
Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
Acts “as soon as reasonably practicable” if, in light of all the surrounding facts and circumstances which are known or - 80th Session (2019) – 4 – which reasonably should be known to the person at the time, a reasonable person would act within approximately the same period under those facts and circumstances.
Except as otherwise provided in section 12.5 of this act, any person who is required to make a report pursuant to NRS 432B.220 and who, in his or her professional capacity, knows or has reasonable cause to believe that a child is a commercially sex(a) Report the commercial sexual exploitation of the child to an agency which provides child welfare services;
Except as otherwise provided in section 12.5 of this act, 432B.220 and who, in his or her professional capacity, knows or has reasonable cause to believe that a child is a commercially sexually exploited child shall:
and not later than 24 hours after the person knows or has reasonable cause to believe that the child is a commercially sexually exploited child.
(a) Report the commercial sexual exploitation of the child to an agency which provides child welfare services;
and (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 is a commercially sexually exploited child.
Any person who knowingly and willfully violates the provisions of subsection 2 is guilty of:
Any person who knowingly and willfully violates the pro(a) For the first violation, a misdemeanor.
(a) For the first violation, a misdemeanor.
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An attorney shall not make a report of the commercial sexual exploitation of a child if such reporting - *AB151_R1* – 5 – conflicts with the ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct.
An attorney shall not make a report of the commercial sexual exploitation of a child if such reporting conflicts with the ethical duties of attorneys as set forth in the Nevada Rules of Professional Conduct.
Sec.
- 80th Session (2019) – 5 – Sec.
Upon the receipt of a report pursuant to section 12 of this act, an agency which provides child welfare services:
Upon the receipt of a report pursuant to section of this act, an agency which provides child welfare services:
(c) If the child resides in another jurisdiction, may initiate contact with an agency which provides child welfare services in the jurisdiction in which the child resides to provide notification of the circumstances surrounding the child’s removal from the jurisdiction or placement in another location;
(c) If the child resides in another jurisdiction, may initiate the jurisdiction in which the child resides to provide notification of the circumstances surrounding the child’s removal from the jurisdiction or placement in another location;
and (d) May conduct an assessment pursuant to chapter 432B of NRS2.
and (d) May conduct an assessment pursuant to chapter 432B of NRS.
If an agency which provides child welfare services conducts an assessment pursuant to chapter 432B of NRS and no abu(a) Conduct an assessment of the family of the child to determine which services, if any, the family needs or refer the family to a person or an organization that has entered into a written agreement with the agency to make such an assessment;
2.
If an agency which provides child welfare services conducts an assessment pursuant to chapter 432B of NRS and no abuse or neglect of a child is identified, the agency may:
(a) Conduct an assessment of the family of the child to determine which services, if any, the family needs or refer the family to a person or an organization that has entered into a written agreement with the agency to make such an assessment;
If an agency which provides child welfare services has entered into an agreement with a person or an organization to provide services to a child or his or her family and the person or organization will provide such services pursuant to subsection 2, the agency shall require the person or organization to notify the agency if:
If an agency which provides child welfare services has provide services to a child or his or her family and the person or organization will provide such services pursuant to subsection 2, the agency shall require the person or organization to notify the agency if:
or - *AB151_R1* – 6 – (b) The person or organization determines that there is a serious risk to the health or safety of the child.
or (b) The person or organization determines that there is a serious risk to the health or safety of the child.
Except as otherwise provided in NRS 239.0115 and 439.538 and except as otherwise authorized or required pursuant to section 15 of this act, information maintained by an agency which provides child welfare services, including, without limitation, reports and assessments made pursuant to this chapter, is confidential.
Except as otherwise provided in NRS 239.0115 and 439.538 and except as otherwise authorized or required pursuant to section 15 of this act, information maintained by an - 80th Session (2019) – 6 – agency which provides child welfare services, including, without limitation, reports and assessments made pursuant to this chapter, is confidential.
(b) As otherwise authorized or required pursuant to section 15 of this act;
(b) As otherwise authorized or required pursuant to section 15 of (c) Asct;otherwise authorized or required pursuant to NRS 439.538, is guilty of a misdemeanor.
or (c) As otherwise authorized or required pursuant to NRS 439.538,  is guilty of a misdemeanor.
Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a c2.ditExcept as otherwise provided in this section, information maintained by an agency which provides child welfare services services, be made available only to:
Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.
which provides child welfare (a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe is a commercially sexually exploited child;
2.
Except as otherwise provided in this section, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:
(a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe is a commercially sexually exploited child;
(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:
- *AB151_R1* – 7 – (e) A court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(e) A court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;
(f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
- 80th Session (2019) – 7 – (f) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;
(h) Except as otherwise provided in subsection 4, a federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from commercial sexual exploitation;
(h) Except as otherwise provided in subsection 4, a federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry sexual exploitation;sibilities to protect children from commercial (i) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
(i) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;
(j) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the commercial sexual exploitation of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well- being of the child and is limited to information concerning that parent or guardian;
(j) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, if the identity of the person responsible for reporting the commercial sexual exploitation of the child to a public agency is kept confidential and the information is being of the child and is limited to information concerning that parent or guardian;
(k) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;
a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;
3.
which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports that a child is a commercially sexually exploited child and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged commercial sexual exploitation of a child or the life or safety of any person.
Before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports that a child is a commercially sexually exploited child and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged commercial sexual exploitation of a child or the life or safety of any person.
4.
- *AB151_R1* – 8 – 4.
An agency which provides child welfare services shall not provide information maintained by the agency which provides child welfare services to a juvenile court only to facilitate a - 80th Session (2019) – 8 – determination by the court related to the adjudication of a child who is accused of:
An agency which provides child welfare services shall not provide information maintained by the agency which provides child welfare services to a juvenile court only to facilitate a determination by the court related to the adjudication of a child who is accused of:
The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.
The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who would cause a specific and material harm to a criminal disclosure investigation.
Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other per8.n.Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which information or makes the information public is guilty of a gross misdemeanor.
Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.
This subsection does not apply to a district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings against any person alleged to be the perpetrator of the commercial sexual exploitation of a child.
8.
9.
Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor.
An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.
This subsection does not apply to a district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings against any person alleged to be the perpetrator of the commercial sexual exploitation of 9.chiAn agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.
202.894 If a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a - *AB151_R1* – 9 – child, whether or not the person is required to make such a report pursuant to NRS 202.882, and the violent or sexual offense against the child would constitute abuse or neglect of a child, as defined in NRS 432B.020, or the commercial sexual exploitation, as defined in section 6 of this act, of a child, the report made by the person shall be deemed to be a report of the abuse or neglect of the child that has been made pursuant to NRS 432B.220 or a report of the commercial sexual exploitation of a child that has been made pursuant to section 12 of this act, as applicable, and:
202.894 If a person reports to a law enforcement agency that another person has committed a violent or sexual offense against a child, whether or not the person is required to make such a report - 80th Session (2019) – 9 – pursuant to NRS 202.882, and the violent or sexual offense against the child would constitute abuse or neglect of a child, as defined in NRS 432B.020, or the commercial sexual exploitation, as defined in section 6 of this act, of a child, the report made by the person shall be deemed to be a report of the abuse or neglect of the child that has been made pursuant to NRS 432B.220 or a report of the commercial sexual exploitation of a child that has been made pursuant to section 12 of this act, as applicable, and:
The appropriate agencies shall act upon the report pursuant to chapter 432B of NRS [;] or sections 2 to 15, inclusive, of this act, as applicable;
The appropriate agencies shall act upon the report pursuant act, as applicable;
and 2.
and[;] or sections 2 to 15, inclusive, of this 2.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 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, 119A.653, 119B.370, 119B.382, 120A.690, 125.130, 125B.140,.280, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625,9.044, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 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, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, - *AB151_R1* – 10 – 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, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 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, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 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, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 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, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047,24.327, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 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.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 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, 673.450, 673.480, 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, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 14 - *AB151_R1* – 11 – and 15 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.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 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, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 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, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, - 80th Session (2019) – 10 – 338.1593, 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, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.035, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 394.167, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 412.153, 416.070, 422.2749, 422.305, 422A.342, 422A.350,84, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 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, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 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, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 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, 673.450, 673.480, 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, 689A.696, 692A.117, 692C.190, - 80th Session (2019) – 11 – 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.320, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 14 and 15 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 abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.
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 oth4.wisA person may request a copy of a public record in any medium in which the public record is readily available.
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.
4.
A person may request a copy of a public record in any medium in which the public record is readily available.
If a patient communicates to a mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable person and, in the judgment of the mental health professional, the patient has the intent and ability to carry out the threat, the mental health professional shall apply for the emergency admission of the patient to a mental health facility pursuant to NRS 433A.160 or make a reasonable effort to communicate the threat in a timely manner to:
If a patient communicates to a mental health professional an explicit threat of imminent serious physical harm or death to a clearly identified or identifiable person and, in the - 80th Session (2019) – 12 – judgment of the mental health professional, the patient has the intent and ability to carry out the threat, the mental health professional shall apply for the emergency admission of the patient to a mental health facility pursuant to NRS 433A.160 or make a reasonable effort to communicate the threat in a timely manner to:
- *AB151_R1* – 12 – (a) The person who is the subject of the threat;
(a) The person who is the subject of the threat;
2.
a reasonable effort to communicate a threat pursuant to subsection 1 if:
A mental health professional shall be deemed to have made a reasonable effort to communicate a threat pursuant to subsection 1 if:
(b) Does not have a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any dam4.
(b) Does not have a duty to take an action described in subsection 1 is not subject to civil or criminal liability or disciplinary action by a professional licensing board for any damages caused by the actions of a patient.
The provisions of this section do not:
(a) Limit or affect the duty of the mental health professional to report child abuse or neglect pursuant to NRS 432B.220 [;] or the commercial sexual exploitation of a child pursuant to section 12 of this act;
(a) Limit or affect the duty of the mental health professional to commercial sexual exploitation of a child pursuant to section 12 of this act;
(b) A psychologist who is licensed to practice psychology pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;
- 80th Session (2019) – 13 – (b) A psychologist who is licensed to practice psychology pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;
- *AB151_R1* – 13 – (2) Is licensed as a clinical social worker pursuant to chapter 641B of NRS;
(2) Is licensed as a clinical social worker pursuant to chapter 641B of NRS;
and (3) Is employed by the Division of Public and Behavioral Health of the Department of Health and Human Services;
and (3) Is employed by the Division of Public and Behavioral Hea(d) A registered nurse who:alth and Human Services;
(d) A registered nurse who:
applicant or may take disciplinary action against a licensee if, after notice and a hearing as required by law, the Board determines that the applicant or licensee:
640B.700 1.
The Board may refuse to issue a license to an applicant or may take disciplinary action against a licensee if, after notice and a hearing as required by law, the Board determines that the applicant or licensee:
(d) Is addicted to alcohol or any controlled substance;
- 80th Session (2019) – 14 – (d) Is addicted to alcohol or any controlled substance;
- *AB151_R1* – 14 – (h) Has failed to provide information requested by the Board within 60 days after receiving the request;
(h) Has failed to provide information requested by the Board within 60 days after receiving the request;
(i) Has engaged in unethical or unprofessional conduct as it relates to the practice of athletic training;
relates to the practice of athletic training;onal conduct as it (j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;
(j) Has been disciplined in another state, a territory or possession of the United States, or the District of Columbia for conduct that would be a violation of the provisions of this chapter or any regulations adopted pursuant thereto if the conduct were committed in this State;
2.
license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing as required by law:
The Board may, if it determines that an applicant for a license or a licensee has committed any of the acts set forth in subsection 1, after notice and a hearing as required by law:
4.
- 80th Session (2019) – 15 – 4.
H - *AB151_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Chapter 316.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment No. 890 concurred in. To enrollment.

  5. In Assembly.

  6. Read third time. Passed, as amended. Title approved. (Yeas: 19, Nays: None, Excused: 2.) To Assembly.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 890.) To printer. From printer. To engrossment. Engrossed. First reprint.

  8. In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.

  9. Read third time. Passed. Title approved. (Yeas: 40, Nays: None, Excused: 1, Vacant: 1.) To Senate.

  10. From committee: Do pass.

  11. Read second time. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  12. Taken from Second Reading File. Placed on Second Reading File for next legislative day.

  13. From committee: Do pass.

  14. Notice of eligibility for exemption.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Health and Human Services. To printer.

Sponsors

  • Assembly Committee on Health and Human Services · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 151 do?
AN ACT relating to public welfare; requiring certain persons to report the commercial sexual exploitation of a child to an agency which provides child welfare services; requiring all persons to report the commercial sexual exploitation of a child to a law enforcement agency in certain circumstances; authorizing a fee for certain costs relating to information maintained by an agency which provides child welfare services; requiring an agency which provides child welfare services to adopt certain rules, policies or regulations; providing penalties; and providing other matters properly relating thereto.
Who sponsors AB 151?
AB 151 is sponsored by Assembly Committee on Health and Human Services.
What is the current status of AB 151?
This bill has been enacted into law. Introduced February 15, 2019. Enacted.
Where can I track AB 151?
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