AB 534 — Revises provisions regarding response to emergencies. (BDR 16-1220)
Last action — Chapter 620.
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✓Introduced
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✓In Committee
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✓Passed Assembly
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 16, 2019. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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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 emergency response; transferring the administration of the process governing the application and determination of eligibility for compensation from the Fund for the Compensation of Victims of Crime from the Department of Administration and the State Board of Examiners to the Department of Health and Human Services; requiring the Director of the Department of Health and Human Services to adopt a State Plan for Services for Victims of Crime; revising procedures governing claims for such compensation; imposing requirements relating to the development of state and local emergency management plans; authorizing the Governor to suspend certain licensure requirements in response to an emergency or disaster; requiring certain professional licensing boards to maintain lists of licensees trained in the treatment of mental and emotional trauma and provide those lists to a governmental entity responding to an emergency or disaster; and providing other matters properly relating thereto.
Bill Text
What changed in the latest version
911 added · 926 removed911 line(s) added, 926 removed.
(ReprintedAssembly withBill amendmentsNo. adopted on May 24, 2019) FIRST REPRINT A.B.
534534–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.
534–COMMITTEE ON JUDICIARY (O N BEHALF OF THE O FFICE OF THEG OVERNOR ) M AY 16, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions regarding response to emergencies.
(BDR 16-1220) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
CompensationExisting oflaw Victimsprovides offor Crimethe topayment certain victims of criminalcompensation actsfrom andthe makesFund for the DepartmentCompensation of AdministrationVictims andof theCrime Stateto Boardcertain victims of Examinerscriminal responsibleacts forand makes administering the process governing the application and determination of eligibility for compensation.
(NRS 217.010-217.270) Sections 2, 7-13 and 25 of this bill - *AB534_R1* – 2 – transfer the administration of that process to the Department of Health and Human Services.
The Department is also required to developcompensating avictims surveyof tocrime.the determine the effectiveness of the various methods of compensatingSection victims4 of crime.this bill requires an application for compensation from the Fund to be filed not later than 24 months after the injury or death for which compensation is claimed.
beExisting filedlaw notrequires latera thancompensation 24officer monthsto afterreview thean injuryapplication orfor deathcompensation forfrom whichthe Fund and, if the compensation officer denies the claim, decision of an appeals officer to the State Board of Examiners, whose decision on the matter is claimed.final.
Existing law requires a compensation officer to review an application for compensation from the Fund and, if the compensation officer denies the claim, authorizes the applicant to follow an appeals process that includes appealing the decision of an appeals officer to the State Board of Examiners, whose decision on the matter is final.
and (2) providing for administrative hearings to address appeals of provisions relating to the appealdecisions of a decision of an appeals officerofficers. to the State Board of Examiners and authorizes an applicant to appeal such a decision in accordance with the regulations adopted by the Director.
Section 5 of this bill accordingly removes the Board of Examiners and authorizes an applicant to appeal such a decision ine State - 80th Session (2019) – 2 – accordance with the regulations adopted by the Director.
Existing law requires a compensation officer to consider the provocation, consent or any other behavior of the victim and certain other factors whenwhenon, determining whether to order compensation, except in cases of domestic violence, thosesexual considerationsassault and instead requires the compensation officer to awardoves compensation unless the injury or deathsex oftrafficking. the victim was substantially attributable to a wrongful act of the victim or substantially provoked by the victim.
(NRS 217.180) Section 9 of this bill removes those considerations and instead requires the compensation officer to award compensation unless the injury or death of the victim was substantially attributable to a wrongful act of the victim or substantially provoked by the victim.
Existing law provides for the development of emergency management plans by the development of a state emergencyand managementlocal plan.governmental agencies.
(414.060)(NRS Section414.040) 16Existing ofizeslaw thisalso billauthorizes requiresthe thosedevelopment of a state emergency management plansplan. to:
(414.060) Section 16 of this bill requires those emergency management plans to:
and (2) include certain provisions to ensurevictims.hat that a response for a disaster or emergency properly addresses the needs of victims.Existing law authorizes certain persons who are licensed in another jurisdiction to provide services in this State in an emergency.
Existing(Chapters law415 and 415A of NRS) Section 17 of this bill authorizes certainthe personsGovernor to allow providers of emergency medical services and providers of mental health services who arehold licenseda credential in another jurisdiction to providepractice servicestheir profession within their scope of practice as if they were licensed, certified or registered, as applicable, in this State for the time period necessary to assist in responding to an emergency.emergency or disaster.
(ChaptersSections 41518- and 415A of NRS) Section 17 of this bill authorizesrequire thean Governorapplicant tofor allowbiennial providersregistration ofas emergencya medicalphysician servicesor andthe providersrenewal of mentala healthlicense servicesto whopractice holdcertain aother credentialmedical inprofessions theyto werereport licensed,to certifiedthe orapplicable registered,professional aslicensing applicable,board inwhether thishe Stateor forshe thehas timereceived periodtraining necessary to assist in respondingthe totreatment anof emergencymental orand disaster.emotional trauma.
Sections 18- 23 of this bill require an applicant for biennial registration as a physician or the renewal of a license to practice certain other medical professions to report to the applicable professional licensing board whether he or she has received training in - *AB534_R1* – 3 – the treatment of mental and emotional trauma.
Sections 18-23 require each professional licensing board that respondinglicenses such professionals to anmaintain emergencyand orprovide disaster:to a governmental entity training that the licensee reports having received;
(1)and a(2) listthe names and contact of allinformation for licensees andwho have training in the typestreatment of trainingmental thatand theemotional licenseetrauma reportsimmediately havingfollowing received;an emergency or disaster and are willing to respond immediately to an emergency or disaster at any location in this State.
andSections (2)15 the names and contact18-23 information for licensees who have training in the treatment of mentalthis andbill emotionalprovide traumathat immediatelysuch followinginformation anis emergencyotherwise orconfidential. disaster and are willing to respond immediately to an emergency or disaster at any location in this State.
confidential.ndEXPLANATION 18-23– ofMatter thisin billbolded provideitalics that such information is otherwisenew; THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
matter between brackets [omitted material] is material to be omitted.
- 80th Session (2019) – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1.Crime to ensure that agencies which provide compensation to and services for victims of crime coordinate their efforts and use the same data.
Shall develop a State Plan for Services for Victims of Crime to ensure that agencies which provide compensation to and services for victims of crime coordinate their efforts and use the same data.
The Department shall request each person who submits a claim pursuantcomplete tothe thissurvey.tion section and NRS 217.010 to 217.270, inclusive, to completeSec. the survey.
Sec.
- *AB534_R1* – 4 – (a) A person who is [physically] injured or killed as the direct result of a criminal act;
(e) A pedestrian who is physically injured or killed as the direct result of a driver of a motor vehicle who failed to stop at the scene - 80th Session (2019) – 4 – of a crash involving the driver and the pedestrian in violation of NRS 484E.010;
2.listed in subsection 1, regardless of whether:med by an act (a) The person is a resident of this State, a citizen of the United States or is lawfully entitled to reside in the United States;
Theor term(b) includesThe anyact person who was harmedcommitted by an actadult listedor ina subsectionminor. 1, regardless of whether:
Show all 175 changed lines (135 more)
(a)Sec. The person is a resident of this State, a citizen of the United Sta(b) The act was committed by an adult or a minor.ed States;
or Sec.
provisions217.100 of1. NRS 217.010 to 217.270, inclusive, and section 1 of this act may apply to the Director for such compensation [.] not later than 24 months after the injury or death for which compensation is claimed.
Any person eligible for compensation under the provisions of NRS 217.010 to 217.270, inclusive, and section 1 of this act may apply to the Director for such compensation [.] not later than 24 months after the injury or death for which compensation is claimed.
The applicant must submit with his or her application the reports, if reasonably available, from all physicians who, at the time of or subsequent to the victim’s injury or death, treated or examined theclaimed.im victim in relation to the injury for which compensation is claimed.Sec.
Sec.
The applicant or the Director may, within 15 days after the hearing officer renders a decision, appeal the decision to an - *AB534_R1* – 5 – appeals officer.
- 80th Session (2019) – 5 – 2.
The hearing must be held within 30 days after the notice is given and the Board shall render its decision in the case within 15 days after the hearing.
The Board maymayits affirm, modify or reverse the decision of the appeals officer.
217.130Sec. [With the approval of the Board, the Director mays:
adopt,6. rescind and amend rules and regulations prescribing] pursuant to section 1 of this act must carry out the provisions of NRS 217.010 to 217.270, inclusive, and section 1 of this act, and must include, without limitation, rules and regulations:
NRS 217.130 is hereby amended to read as follows:
217.130 [With the approval of the Board, the Director may adopt, rescind and amend rules and regulations prescribing] 1.
The State Plan for Services for Victims of Crime adopted pursuant to section 1 of this act must carry out the provisions of NRS 217.010 to 217.270, inclusive, and section 1 of this act, and must include, without limitation, rules and regulations:
(b) Prescribing the procedures to be followed in the filing of applications and proceedings under NRS 217.010 to 217.270, inclusive, and section 1 of this act, and for such other matters as the DirectorDir(c) deemsProviding appropriate.for administrative hearings to address appeals of the decisions of appeals officers pursuant to subsection 3 of NRS 217.117.
(c) Providing for administrative hearings to address appeals of the decisions of appeals officers pursuant to subsection 3 of NRS 217.117.
- *AB534_R1* – 6 – (a) Include a statement of the need for and purpose of the proposed rule or regulation, and either the terms or substance of the proposed rule or regulation or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon.
- 80th Session (2019) – 6 – (b) Include a statement identifying the entities that may be financially affected by the proposed rule or regulation and the potential financial impact, if any, upon a local government.
All interested persons must be afforded a reasonable opportunity to submit data, views or arguments upon a proposed rule or regulation, orally or in writing.
A copy of the minutes or audio recordings must be made available to a member of the public upon request at no charge pursuant to NRS 241.035.e241.035. 6.
An6. objection to any rule or regulation on the ground of may not be made more than 2 years after the effective date of the rule or regulation.
An objection to any rule or regulation on the ground of noncompliance with the procedural requirements of this section may not be made more than 2 years after the effective date of the rule or regulation.
217.150 [With the approval of the Board, the] The Director shall, so far as practicable, formulate standards for the uniform application of NRS 217.010 to 217.270, inclusive, and section 1 of this act, by the compensation officers in the determination of the amount of any compensation payable pursuant to NRS 217.010 to 217.270, inclusive [.] , and section 1 of this act.
- *AB534_R1* – 7 – Sec.
217.170 Upon application made by an appropriate prosecuting authority, the compensation [,] officer, hearing officer or appeals officer [or the Board] may suspend any proceedings being conducted pursuant to NRS 217.010 to 217.270, inclusive, and section 1 of this act, for such period as the officer [or the Board] - 80th Session (2019) – 7 – deems appropriate on the ground that a prosecution for an offense arising from the act or omission to act on which the claim for compensation is based has been commenced or is imminent.
Except as otherwise provided in subsection 2, in determining whether to make an order for compensation, the compensation officer shall [consider the provocation, consent or any other behavior of the victim that directly or indirectly contributed to the injury or death of the victim, the prior case or social history, if any, of the victim, the need of the victim or the dependents of the victim for financial aid and other relevant matters.] awardawards of the compensation unless the injury or death of the victim was substantially attributable to a wrongful act of the victim or substantially provoked by the victim.
If the case involves a victim of domestic violence, sexual assault or sex trafficking, the compensation officer shall not consider the wrongful act, provocation [, consent] or any other injurybehavior or death of the victim.rectlyvictim that directly or indirectly contributed to the 3.injury or death of the victim.
If3. the applicant has received or is likely to receive an amount on (a) The person who committed the crime that caused theher from:
victim’sIf injurythe applicant has received or fromis anyonelikely payingto receive an amount on behalfaccount of the offender;applicant’s injury or the death of another from:
(a) The person who committed the crime that caused the victim’s injury or from anyone paying on behalf of the offender;
Any of those sources that are obligated to pay an amount after the award of compensation shall pay the [Board] Department the amount of compensation that has been paid to the applicant and pay thetheof remainder of the amount due to the applicant.
- *AB534_R1* – 8 – (a) “Domestic violence” means an act described in NRS 33.018.
- 80th Session (2019) – 8 – (2) Social services provided by a social service agency, as defined in NRS 430A.080;
Except as otherwise provided in subsection 2, an order for the payment of compensation must not be made unless the application is made within 1 year after the date of the personalpersonale injury or death on which the claim is based, unless waived by the [Board of Examiners] Director or a person designated by the [Board] Director for good cause shown, and the personal injury or death was the result of an incident or offense that was reported to the police within 5 days of its occurrence or, if the incident or offense could not reasonably have been reported within that period, within 5 days of the time when a report could reasonably have been made.
The limitations upon payment of compensation established in subsection 1 do not apply to a minor who is sexually abused or who is involved in the production of pornography.
Such a minor or must apply for compensation before reaching 21 years of age.
217.240.Sec.
NAn11. applicant who accepts an award does so under the following conditions:
NRS 217.240 is hereby amended to read as follows:
217.240 An applicant who accepts an award does so under the following conditions:
The State of Nevada is immediately subrogated in the amount of the award to any right of action or recovery the applicant may have against any party, and that right of subrogation may be diminished for attorney’s fees and other costs of litigation in obtaining a recovery from another source;
andands of litigation in 2.
217.245 Notwithstanding another provision of law, if a person who provides a service to a victim for which compensation is - *AB534_R1* – 9 – ordered pursuant to paragraph (a) of subsection 1 of NRS 217.200 - 80th Session (2019) – 9 – accepts payment from the [Board] Department for such a service, the person shall be deemed to have agreed to the condition that:
Money for payment of compensation as ordered by the [Board] Department and for payment of salaries and other expenses incurred by the Department pursuant to NRS 217.010 totor 217.270, inclusive, and section 1 of this act, must be paid from the Fund for the Compensation of Victims of Crime, which is hereby created.
The Department shall prepare [and submit] quarterly [to the Boa(a)Board, The revenue in the Fund which is available for theits paymentapproval,] ofestimates compensation;of:
and(a) 3.The revenue in the Fund which is available for the payment of compensation;
Money deposited in the Fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the(b) interestThe andanticipated incomeexpenses earned on that money must be used for the counselingnext andquarter. medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710, 200.720, 200.725, 200.730 or 201.230.
4.3.
Money deposited in the Fund which is recovered from a forfeiture of assets pursuant to NRS 200.760 and the interest and income earned on that money must be used for the counseling and NRS 200.366, 200.710, 200.720, 200.725, 200.730 or 201.230.on of 4.
- 80th Session (2019) – 10 – (b) Except as otherwise provided in NRS 209.221, the Department of Corrections.
- *AB534_R1* – 10 – (c) The Nevada System of Higher Education.
(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Hum(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.
(h)(i) Except[The asState otherwiseBoard provided in NRS 422.390, the Division of HealthExaminers Careacting Financingpursuant andto Policychapter of theNRS. Department of Health and Human Services.
(i) [The State Board of Examiners acting pursuant to chapter 217 of NRS.
[(m)] (l) The Board to Review Claims in adopting resolutions to car[(n)]carry (m)out Theits Silverduties Statepursuant Healthto InsuranceNRS Exchange.445C.310.
[(n)] (m) The Silver State Health Insurance Exchange.
Except as otherwise provided in subsection 5 and NRS Employees’391.323, Benefitsthe ProgramDepartment andof Education, the CommissionBoard onof Professionalthe Public Standards in Education are subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.
and - 80th Session (2019) – 11 – (d) NRS 90.800 for the use of summary orders in contested cases, prevail over the general provisions of this chapter.
- *AB534_R1* – 11 – 4.
(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the StateStateed Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of human or animal health or for insect or pest control;
or (f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS6.NRS 217.130.
6.
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, - 80th Session (2019) – 12 – 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, - *AB534_R1* – 12 – 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, 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, 433.534,,432B.280, 4433A.360,432437.145,32439.840,32B439B.420,B.440.170,432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735,442.735,440.170, 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, - 80th Session (2019) – 13 – 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.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, - *AB534_R1* – 13 – 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 18 to 23, inclusive, 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.
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 entityany manner affect the federal laws governing copyrights or ofenlarge, in diminish or affect in any other manner the generalrights public.of a person in any written book or record which is copyrighted pursuant to federal law.
This2. section does not supersede or in diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.
A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.recordcopyrighted. 3.
3.
- 80th Session (2019) – 14 – 4.
- *AB534_R1* – 14 – (b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himselfhimselfire or herself.
and (3) Other provisions recommended by the Office for Victims of Crime of the United States Department of Justice for hel2.ngAnyhelping statevictims emergency management plan prepared pursuant to NRS 414.060 must include, without limitation, a prescribed overseeing or executing any part of themass responseviolence toand anterrorism. emergency or disaster.
2.
Any state emergency management plan prepared pursuant to NRS 414.060 must include, without limitation, a prescribed chain of command that includes each person responsible for overseeing or executing any part of the response to an emergency or disaster.
The existence of such an emergency or disaster may be proclaimed by the Governor or by resolution of the Legislature if the Governor in his or her proclamation, or the Legislature in its - 80th Session (2019) – 15 – resolution, finds that an attack upon the United States has occurred or is anticipated in the immediate future, or that a natural, technological or man-made emergency or disaster of major proportions has actually occurred within this State, and that the safety and welfare of the inhabitants of this State require an invocation of the provisions of this section.
Any such emergency or disaster, whether proclaimed by the Governor or by the Legislature, terminates upon the proclamation of the termination thereof by the Governor, or the passage by the Legislature of a resolution terminatingstate theof emergency or disaster.declaration of disaster exists or continues, the Governor may exercise the following additional powers:
During the period when a - *AB534_R1* – 15 – state of emergency or declaration of disaster exists or continues, the Governor may exercise the following additional powers:
(a) If property is taken for temporary use, the Governor, within 90 days after the taking, shall fix the amount of compensation to be paid therefor.
If the property is returned to the owner in a damaged condition, or is not returned to the owner, the Governor shall fix within 90 days the amount of compensation to be paid for the advisabledamage for the State to take title to property taken under this section, the Governor shall forthwith cause the owner of the mail, postage prepaid, or byfailure the best means available, and forthwithd cause to bereturn filed a copy of the noticeproperty. with the Secretary of State.
If the Governor deems it advisable for the State to take title to property taken under this section, the Governor shall forthwith cause the owner of the property to be notified thereof in writing by registered or certified mail, postage prepaid, or by the best means available, and forthwith cause to be filed a copy of the notice with the Secretary of State.
If the offer is accepted, the money must be paid - 80th Session (2019) – 16 – out of such fund, funds or other sources as are available and no further action in law or in equity may ever be maintained in connection therewith.
The action must be commenced within 1 year after the receipt of the offer of settlement fromfro4. the Governor.
4.To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within the State and to take such steps as are necessary for the receipt and care of those persons.
To provide for and compel the evacuation of all or part of the population from any stricken or threatened area or areas within - *AB534_R1* – 16 – the State and to take such steps as are necessary for the receipt and care of those persons.
To authorize providers of emergency medical services and providers of mental health services who are not licensed, certified or registered, as applicable, in this State but hold a license, certificate, registration or similar credential in good standing in another state of the United States, the District of Columbia, the Commonwealth of Puerto Rico or any territory or insular possession subject to the jurisdiction of the United States to practice their profession within their scope of practice as if they were licensed, certified or registered, as applicable, in this State for the amount of time necessary to assist in responding to the emergency or disaster.
duties7. as are necessary to promote and secure the safety andnd protection of the civilian population.
theretoTo aperform newand sectionexercise tosuch readother functions, powers and duties as follows:amendedare bynecessary addingto 1.promote and secure the safety and protection of the civilian population.
Sec.
18.
Chapter 630 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
- 80th Session (2019) – 17 – (1) Report whether he or she has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, training in the short-term treatment of mental and emotional trauma or training in the long-term treatment of mental and emotional trauma;
and (2) If the applicant has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, describe the training and indicate if he or she is willing to respond immediately should an emergency or disasterdis(b) ariseMaintain ata list of each licensed physician and physician assistant and any locationtraining described in thissubparagraph State;(1) of paragraph (a) that the licensee has received and update the list at least annually to include information reported pursuant to paragraph (a) by licensees who registered or renewed their license during the immediately preceding year;
(b) Maintain a list of each licensed physician and physician assistant and any training described in subparagraph (1) of paragraph (a) that the licensee has received and update the list at least annually to include information reported pursuant to - *AB534_R1* – 17 – paragraph (a) by licensees who registered or renewed their license during the immediately preceding year;
The Board shall not deny biennial registration as a physician or the renewal of a license as a physician assistant solely because the applicant has failed to comply with the requirementsreq3.reExcept ofas otherwise provided in paragraph (a)(d) of subsection 1.1, any information obtained or maintained by the Board pursuant to this section is confidential.
3.
Except as otherwise provided in paragraph (d) of subsection 1, any information obtained or maintained by the Board pursuant to this section is confidential.
(a) Require each applicant for the renewal of a license as a regist(1)registered Reportnurse whetherto: he or she has received training in the treatment of mental and emotional trauma immediately following mental and emotional trauma or training in the long-termatment of treatment of mental and emotional trauma;
and(1) (2)Report Ifwhether thehe applicantor she has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, describe the training andin indicatethe ifshort-term hetreatment orof shemental isand willingemotional totrauma respondor immediatelytraining shouldin anthe emergencylong-term ortreatment disasterof arisemental atand anyemotional locationtrauma; in this State;
(b)and Maintain- a80th listSession of(2019) each– registered18 nurse– and(2) anyIf trainingthe describedapplicant has received training in subparagraphthe (1)treatment of paragraphmental (a)and thatemotional thetrauma nurseimmediately hasfollowing receivedan andemergency updateor disaster, describe the listtraining atand leastindicate annuallyif tohe includeor informationshe reportedis pursuantwilling to paragraphrespond (a)immediately byshould licenseesan whoemergency renewedor theirdisaster licensearise duringat theany immediatelylocation precedingin year;this State;
(c)(b) Maintain a list of each registered nurse and any training described in subparagraph (1) of paragraph (a) that the nurse has received and update the list at least annually to include information reported pursuant to paragraph (a) by licensees who ren(c) Maintain a list of the names and contact information for registered nurses who indicate that they are willing to respond immediately should an emergency or disaster arise at any location in this State and whom the Board has determined have appropriate training to respond following an emergency or disaster;
and - *AB534_R1* – 18 – (d) Provide the lists maintained pursuant to paragraphs (b) and (c) upon request to a governmental entity responding to a state of emergency or declaration of a disaster by the Governor or the Legislature pursuant to NRS 414.070.
(a) Require each applicant for the renewal of a license as an osteopathic physician or physician assistant to:
a license as an (1) Report whether he or she has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, training in the short-term treatment of mental and emotional trauma or training in the long-term treatment of mental and emotional trauma;
and (2) If the applicant has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, describe the training and indicate if he or disastershe ariseis atwilling anyto locationrespond inimmediately thisshould State;anan emergency or (b)disaster Maintainarise a list of each licensed osteopathic physician and (1) of paragraph (a) that the licensee has received and update the list at leastany annuallylocation toin includethis informationState; reported pursuant to paragraph (a) by licensees who renewed their license during the immediately preceding year;
(c)(b) Maintain a list of theeach nameslicensed osteopathic physician and contactphysician informationassistant forand osteopathicany physicianstraining ordescribed physicianin assistantssubparagraph who- indicate80th thatSession they(2019) are– willing19 to– respond(1) immediatelyof shouldparagraph an(a) emergencythat orthe disasterlicensee arisehas received and update the list at anyleast locationannually into thisinclude Stateinformation andreported whompursuant theto Boardparagraph has(a) determinedby havelicensees appropriatewho trainingrenewed totheir respondlicense followingduring anthe emergencyimmediately orpreceding disaster;year;
(c) Maintain a list of the names and (d)contact information for osteopathic physicians or physician assistants who indicate that they are willing to respond immediately should an emergency or disaster arise at any location in this State and whom the Board has determined have appropriate training to respond following an eme(d) Provide the lists maintained pursuant to paragraphs (b) and (c) upon request to a governmental entity responding to a state of emergency or declaration of a disaster by the Governor or the Legislature pursuant to NRS 414.070.
- *AB534_R1* – 19 – 3.
(1) Report whether he or she has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, training in the short-term treatment of mental and emotional trauma or training in the long-term treatment of mental and emotional trauma;
andande long-term (2) If the applicant has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, describe the training and indicate if he or she is willing to respond immediately should an emergency or disaster arise at any location in this State;
(b) Maintain a list of each licensed psychologist and any training described in subparagraph (1) of paragraph (a) that the licensee has received and update the list at least annually to include information reported pursuant to paragraph (a) by licensees who renewed their license during the immediately pre(c)preceding Maintainyear; a list of the names and contact information for psychologists who indicate that they are willing to respond in this State and whom the Board has determined have any location appropriate training to respond following an emergency or disaster;
and- (d)80th ProvideSession the(2019) lists– maintained20 pursuant– to(c) paragraphsMaintain (b)a list of the names and (c)contact uponinformation requestfor topsychologists awho governmentalindicate entitythat respondingthey are willing to arespond stateimmediately ofshould an emergency or declarationdisaster ofarise aat disasterany bylocation thein Governorthis orState and whom the LegislatureBoard pursuanthas determined have appropriate training to NRSrespond 414.070.following an emergency or disaster;
2.and (d) Provide the lists maintained pursuant to paragraphs (b) and (c) upon request to a governmental entity responding to a state of emergency or declaration of a disaster by the Governor or the2.egThe Board shall not deny the renewal of a license as a psychologist solely because the applicant has failed to comply with the requirements of paragraph (a) of subsection 1.
The Board shall not deny the renewal of a license as a psychologist solely because the applicant has failed to comply with the requirements of paragraph (a) of subsection 1.
- *AB534_R1* – 20 – (a) Require each applicant for the renewal of a license as a marriage and family therapist or clinical professional counselor to:
and (2) If the applicant has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, describe the training and indicate if he or she is willing to respond immediately should an emergency or he or disaster arise at any location in this State;
(c) Maintain a list of the names and contact information for marriage and family therapists or clinical professional counselors who indicate that they are willing to respond immediately should an emergency or disaster arise at any location in this State and - 80th Session (2019) – 21 – whom the Board has determined have appropriate training to respond following an emergency or disaster;
andtrainingand to (d) Provide the lists maintained pursuant to paragraphs (b) and (c) upon request to a governmental entity responding to a state of emergency or declaration of a disaster by the Governor or the Legislature pursuant to NRS 414.070.
The Board shall not deny the renewal of a license as a marriage and family therapist or clinical professional counselor solely because the applicant has failed to comply with the requirementsreq3.reExcept ofas otherwise provided in paragraph (a)(d) of subsection 1.1, any information obtained or maintained by the Board pursuant to this section is confidential.
3.
Except as otherwise provided in paragraph (d) of subsection 1, any information obtained or maintained by the Board pursuant to this section is confidential.
(1) Report whether he or she has received training in the treatment of mental and emotional trauma immediately following an emergency or disaster, training in the short-term treatment of - *AB534_R1* – 21 – mental and emotional trauma or training in the long-term treatment of mental and emotional trauma;
(b) Maintain a list of each licensed clinical social worker and any training described in subparagraph (1) of paragraph (a) that the licensee has received and update the list at least annually to include information reported pursuant to paragraph (a) by licensees who renewed their license during the immediately preceding year;
and (d) Provide the lists maintained pursuant to paragraphs (b) and (c) upon request to a governmental entity responding to a state of - 80th Session (2019) – 22 – emergency or declaration of a disaster by the Governor or the Legislature pursuant to NRS 414.070.
clinical2. social worker solely because the applicant has failed to comply with the requirements of paragraph (a) of subsection 1.
1,The anyBoard informationshall obtainednot ordeny maintainedthe byrenewal of a license as a clinical social worker solely because the Boardapplicant pursuanthas failed to thiscomply sectionwith isthe confidential.requirements of paragraph (a) of subsection 1.
3.
Except as otherwise provided in paragraph (d) of subsection 1, any information obtained or maintained by the Board pursuant to this section is confidential.
Any regulations adopted by the Director of the Department of Administration that conflict with the amendatory provisions of thisthi3. act are void.
3.The Department of Health and Human Services shall adopt the State Plan for Services for Victims of Crime described in section of this act and NRS 217.130, as amended by section 6 of this act, on or before July 1, 2020.
TheSec. Department of Health and Human Services shall adopt the State Plan for Services for Victims of Crime described in section 1 of this act and NRS 217.130, as amended by section 6 of this act, on or before July 1, 2020.
- *AB534_R1* – 22 – Sec.
Sections 1 to 25, inclusive, of this act become effective upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act.
TEXT~~~~~ OF19 REPEALED- SECTION80th 217.030Session “Board”(2019) defined.
“Board” means the State Board of Examiners.
H - *AB534_R1*
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View plain text versions (3)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Introduced As Introduced pdf
Amendments
1 amendmentClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 620.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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In Assembly. To enrollment.
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Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.
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From committee: Do pass. Placed on Second Reading File. Read second time.
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From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.
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From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 911.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 38, Nays: 1, Excused: 2, Vacant: 1.) To printer.
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From printer. To committee.
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Waiver granted effective: May 6, 2019. Read first time. Referred to Committee on Judiciary. To printer.
Sponsors
- Assembly Committee on Judiciary · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 66 not signed on
Sponsors (1)
- Assembly Committee on Judiciary
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.
Subjects
Frequently asked questions
- What does AB 534 do?
- AN ACT relating to emergency response; transferring the administration of the process governing the application and determination of eligibility for compensation from the Fund for the Compensation of Victims of Crime from the Department of Administration and the State Board of Examiners to the Department of Health and Human Services; requiring the Director of the Department of Health and Human Services to adopt a State Plan for Services for Victims of Crime; revising procedures governing claims for such compensation; imposing requirements relating to the development of state and local emergency management plans; authorizing the Governor to suspend certain licensure requirements in response to an emergency or disaster; requiring certain professional licensing boards to maintain lists of licensees trained in the treatment of mental and emotional trauma and provide those lists to a governmental entity responding to an emergency or disaster; and providing other matters properly relating thereto.
- Who sponsors AB 534?
- AB 534 is sponsored by Assembly Committee on Judiciary.
- What is the current status of AB 534?
- This bill has been enacted into law. Introduced May 16, 2019. Enacted.
- Where can I track AB 534?
- Track AB 534 free on One Click Politics — get push/email alerts when it moves.
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