Nevada 2019 Regular Session Status: Enacted

SB 364 — Prohibits discrimination against and provides protection for patients or residents of certain facilities. (BDR 40-757)

Last action — Chapter 237.

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

This bill has been enacted into law. Introduced March 19, 2019. Enacted.

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Advancing 56% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 4 sponsors

    4 primary, 0 co-sponsors signed on.

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Summary

AN ACT relating to the protection of vulnerable persons; prohibiting a medical facility, facility for the dependent and certain other facilities from engaging in certain discriminatory actions; requiring employees and agents of such facilities to receive certain training relating to cultural competency; requiring such facilities to take certain measures to protect the privacy of persons receiving care from the facilities and adapt electronic records to reflect certain information concerning patients or residents; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

555 added · 548 removed

555 line(s) added, 548 removed.

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(Reprinted with amendments adopted on May 22, 2019) FIRST REPRINT S.B.
Senate Bill No.
364 SENATE BILL NO .
364–Senators Parks, Spearman;
364–SENATORS PARKS , SPEARMAN ;
and Woodhouse Joint Sponsor:
AND W OODHOUSE M ARCH 19, 2019 ____________ JOINT S PONSOR :
Assemblyman Carrillo CHAPTER..........
ASSEMBLYMAN CARILLO ____________ Referred to Committee on Health and Human Services SUMMARY—Prohibits discrimination against and provides protection for patients or residents of certain facilities.
(BDR 40-757) 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.
Legislative Counsel’s Digest:
LegiExisting law provides for the licensing and regulation of medical facilities, facilities for the dependent and certain other facilities by the Division of Public and Behavioral Health of the Department of Health and Human Services.
Existing law provides for the licensing and regulation of medical facilities, facilities for the dependent and certain other facilities by the Division of Public and Behavioral Health of the Department of Health and Human Services.
(NRS 449.029-449.240) Section 2 of this bill prohibits such a facility from discriminating against a person based on the actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or human immunodeficiency virus status of the person or a person with whom the person associates.
(NRS 449.029-449.240) Section 2 of this bill prohibits such a facility from discriminating origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or human immunodeficiency virus status of the person or a person with whom the person associates.
(1) a statement that a person who - *SB364_R1* – 2 – is discriminated against on prohibited grounds may file a complaint with the Division;
(1) a statement that a person who Division;
and (2) the contact information for the Division.
and (2) the contact information for the Division.omplaint with the Section 2.5 of this bill requires the Board, by regulation, to require a medical facility, facility for the dependent and certain other facilities required by the Board to be licensed to conduct training relating specifically to cultural competency for any agent or employee of the facility who provides care to a patient or resident of the facility.
facility, facility for the dependent and certain other facilities required by the Board to be licensed to conduct training relating specifically to cultural competency for any agent or employee of the facility who provides care to a patient or resident of the facility.
(1) from various lesbian, gay, bisexual, transgender and questioning persons;
(1) from various gender, racial and ethnic backgrounds;
(2) from various religious backgrounds;
(3) lesbian, gay, bisexual, transgender and questioning persons;
and (6) part of any other population, as determined by the Board.
and (6) part of any other provided through a course or program that is approved by the Department of Health and Human Services.
Section 2.5 requires such training to be provided through a course or program that is approved by the Department of Health and Human Services.
Section 3 of this bill requires a medical facility, facility for the dependent and certain other facilities required by the Board to be licensed to take certain measures to protect the privacy of persons receiving care from the facility.
Section 3 of this bill requires a medical facility, facility for the dependent and to protect the privacy of persons receiving care from the facility.
Section 3.5 also requires the facility to adapt electronic records to reflect the gender identities or expressions of gender diverse patients or residents and section 11 of the Division of Public and Behavioral Health.
Section 3.5 also requires the facility to adapt electronic records to reflect the gender 80th Session (2019) – 2 – identities or expressions of gender diverse patients or residents and section 11 of this bill requires that to occur by July 1, 2021, unless an extension is approved by the Division of Public and Behavioral Health.
Sections 4-10 of this bill makeoved by conforming changes.
Sections 4-10 of this bill make conforming changes.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
EXPLANATION – Matter in bolded italics is new;
Section 1.
matter between brackets [omitted material] is material to be omitted.
THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.
(a) Develop and carry out policies to prevent the specific types of prohibited discrimination described in the regulations adopted - *SB364_R1* – 3 – by the Board pursuant to NRS 449.0302 and meet any other requirements prescribed by regulations of the Board;
(a) Develop and carry out policies to prevent the specific types of prohibited discrimination described in the regulations adopted by the Board pursuant to NRS 449.0302 and meet any other requirements prescribed by regulations of the Board;
6 [Name of facility] does not discriminate and does not permit discrimination, including, without limitation, bullying, abuse or harassment, on the basis of actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status, or based on association with another person on account of that person’s actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status.
[Name of facility] does not discriminate and does not permit discrimination, including, without limitation, bullying, abuse or harassment, on the basis of actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status, or based on association with another person on account of that person’s actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status.
3.
80th Session (2019) – 3 – 3.
and 4.) TThe provisions of this section shall not be construed to:
and (b) The contact information for the Division.
(a) Require a medical facility, facility for the dependent or Board pursuant to NRS 449.0303 to be licensed or an employee orthe independent contractor thereof to take or refrain from taking any action in violation of reasonable medical standards;
4.
The provisions of this section shall not be construed to:
(a) Require a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed or an employee or independent contractor thereof to take or refrain from taking any action in violation of reasonable medical standards;
To enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who provides care to a patient or resident of the facility to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who provides care to a patient or resident of the facility so that such an agent or - *SB364_R1* – 4 – employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:
To enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who provides care to a patient or resident of the facility to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who provides care to a patient or resident of the facility so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:
The training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services.
The training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or 80th Session (2019) – 4 – facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services.
Maintain the confidentiality of personally identifiable information concerning the sexual orientation of a patient or undergone a gender transition and the human immunodeficiencyhas virus status of the patient or resident and take reasonable actions to 2.eveProhibit employees or independent contractors of the facility who are not performing a physical examination or directly providing care to a patient or resident from being present during any portion of the physical examination or care, as applicable, during which the patient or resident is fully or partially unclothed without the express permission of the patient or resident or the authorized representative of the patient or resident;
Maintain the confidentiality of personally identifiable information concerning the sexual orientation of a patient or resident, whether the patient or resident is transgender or has undergone a gender transition and the human immunodeficiency virus status of the patient or resident and take reasonable actions to prevent the unauthorized disclosure of such information;
2.
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Prohibit employees or independent contractors of the facility who are not performing a physical examination or directly providing care to a patient or resident from being present during any portion of the physical examination or care, as applicable, during which the patient or resident is fully or partially unclothed without the express permission of the patient or resident or the authorized representative of the patient or resident;
- *SB364_R1* – 5 – 1.
1.
and (b) If the facility is a facility for the dependent or other residential facility, adapting electronic records to include:
and 80th Session (2019) – 5 – (b) If the facility is a facility for the dependent or other residential facility, adapting electronic records to include:
449.029 As used in NRS 449.029 to 449.240, inclusive, and sections 2 to 3.5, inclusive, of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRSSec.
449.029 As used in NRS 449.029 to 449.240, inclusive, and sections 2 to 3.5, inclusive, of this act, unless the context otherwise requires, “medical facility” has the meaning ascribed to it in NRS 449.0151 and includes a program of hospice care described in NRS 449.196.
5.6.
Sec.
5.
449.0301 The provisions of NRS 449.029 to 449.2428, to:lusive, and sections 2 to 3.5, inclusive, of this act do not apply 1.
449.0301 The provisions of NRS 449.029 to 449.2428, inclusive, and sections 2 to 3.5, inclusive, of this act do not apply to:
1.
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, - *SB364_R1* – 6 – inclusive, and sections 2 to 3.5, inclusive, of this act and for programs of hospice care.
(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.029 to 449.2428, inclusive, and sections 2 to 3.5, inclusive, of this act and for programs of hospice care.
(d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
80th Session (2019) – 6 – (d) Regulations establishing a procedure for the indemnification by the Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.
(b) Residential facilities for groups,during the day;
(a) Facilities for the care of adults during the day;
and which provide care to persons with Alzheimer’s disease.
and (b) Residential facilities for groups, which provide care to persons with Alzheimer’s disease.
3.
The Board shall adopt separate regulations for:
- *SB364_R1* – 7 – 6.
6.
(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
80th Session (2019) – 7 – (b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.
licensing and operation of residential facilities for groups which provide assisted living services.
7.
The Board shall not allow the provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:
The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services.
The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:
- *SB364_R1* – 8 – (1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;
(1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;
(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;
80th Session (2019) – 8 – (3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and the resident’s personal choice of lifestyle;
and (7) The facility is operated in such a manner as to foster a their families, the staff, any volunteers and the community at large.
and (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.
The Division may grant an exception from the requirement which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
The Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility which is licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling if the Division finds that:
- *SB364_R1* – 9 – (a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;
(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without 80th Session (2019) – 9 – limitation, plans to ensure that nonambulatory patients may be evacuated;
and (c) Facilities that provide or arrange for the provision of alcohol living environment and providing or arranging for the provision of other supportive services.
and (c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.
constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
The regulations must provide that if a facility was originally constructed as a single-family dwelling, the facility must not be authorized for more than eight beds.
- *SB364_R1* – 10 – (d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the facility.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and sections 2 to 3.5, inclusive, of this act, and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
80th Session (2019) – 10 – (e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and sections 2 to 3.5, inclusive, of this act, and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection during the day:
The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2.
shall provide to a facility for the care of adults (a) A summary of a complaint against the facility if the the complaint or is inconclusive;
The Division shall provide to a facility for the care of adults during the day:
the Division either substantiates (b) A report of any investigation conducted with respect to the complaint;
(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;
(b) A report of any investigation conducted with respect to the complaint;
In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision - *SB364_R1* – 11 – related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 2 to 3.5, inclusive, of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
In addition to the payment of the amount required by NRS 449.0308, if a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed violates any provision 80th Session (2019) – 11 – related to its licensure, including any provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and sections 2 to 3.5, inclusive, of this act or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449.165, may:
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regula(2) Improvements are made to correct the violation.
(1) It determines that the facility has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations;
or (2) Improvements are made to correct the violation.
If the facility fails to pay any administrative penalty imposed pur(a) Suspend the license of the facility until the administrative penalty is paid;
If the facility fails to pay any administrative penalty imposed pursuant to paragraph (d) of subsection 1, the Division may:
(a) Suspend the license of the facility until the administrative penalty is paid;
Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 to 3.5, inclusive, of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
Any money collected as administrative penalties pursuant to paragraph (d) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and sections 2 to 3.5, inclusive, of this act, 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect the health, safety, well-being and property of the patients and 80th Session (2019) – 12 – residents of facilities in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
- *SB364_R1* – 12 – Sec.
Sec.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and sections 2 to 3.5, inclusive, of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a cod(f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.
(d) Aids or abets any person in the violation of any of the provisions of NRS 449.029 to 449.2428, inclusive, and sections 2 to 3.5, inclusive, of this act as those provisions pertain to a facility for skilled nursing, facility for intermediate care or residential facility for groups.
(e) Violates any regulation of the Board prescribing additional standards of conduct for licensees, including, without limitation, a code of ethics.
(f) Engages in conduct that violates the trust of a patient or resident or exploits the relationship between the licensee and the patient or resident for the financial or other gain of the licensee.
4.
80th Session (2019) – 13 – 4.
The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a - *SB364_R1* – 13 – license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
The expiration of a license by operation of law or by order or decision of the Board or a court, or the voluntary surrender of a license, does not deprive the Board of jurisdiction to proceed with any investigation of, or action or disciplinary proceeding against, the licensee or to render a decision suspending or revoking the license.
H - *SB364_R1*
~~~~~ 19 80th Session (2019)
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Amendments

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Action History

  1. Chapter 237.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Assembly Amendment No. 731 concurred in. To enrollment.

  5. In Senate.

  6. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 33, Nays: 7, Excused: 1, Vacant: 1.) To Senate.

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 731.) To printer.

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

  9. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  10. Read second time.

  11. From committee: Do pass.

  12. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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4 sponsors · 0 co-sponsors · 63 not signed on

Sponsors (4)

Co-sponsors (0)

None.

Not signed on (63)

63 members have not signed on to this bill.

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"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.

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Subjects

civil-rights healthcare
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Frequently asked questions

What does SB 364 do?
AN ACT relating to the protection of vulnerable persons; prohibiting a medical facility, facility for the dependent and certain other facilities from engaging in certain discriminatory actions; requiring employees and agents of such facilities to receive certain training relating to cultural competency; requiring such facilities to take certain measures to protect the privacy of persons receiving care from the facilities and adapt electronic records to reflect certain information concerning patients or residents; and providing other matters properly relating thereto.
Who sponsors SB 364?
SB 364 is sponsored by Senator David Parks, Richard Carrillo, Joyce Woodhouse, and Pat Spearman.
What is the current status of SB 364?
This bill has been enacted into law. Introduced March 19, 2019. Enacted.
Where can I track SB 364?
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