Nevada 2019 Regular Session Status: Enacted

AB 124 — Requires a hospital or independent center for emergency medical care to provide certain information to a victim of sexual assault or attempted sexual assault. (BDR 40-591)

Last action — Approved by the Governor. Chapter 63.

  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 11, 2019. Enacted.

Prognosis

Advancing 52% · 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.

  • 2 sponsors

    2 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 health care; requiring the development and distribution of a document consisting of information for victims of sexual assault or attempted sexual assault; requiring a hospital or independent center for emergency medical care to provide a copy of the document to each victim of sexual assault or attempted sexual assault treated by the hospital or independent center for emergency medical care; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

348 added · 364 removed

348 line(s) added, 364 removed.

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(Reprinted with amendments adopted on April 18, 2019) FIRST REPRINT A.B.
Assembly Bill No.
124 A SSEMBLY B ILLN O.
124–Assemblywomen Munk;
124–ASSEMBLYWOMEN M UNK ;AND G ORELOW FEBRUARY 11, 2019 ____________ Referred to Committee on Health and Human Services SUMMARY—Requires a hospital or independent center for emergency medical care to provide certain information to a victim of sexual assault or attempted sexual assault.
and Gorelow CHAPTER..........
(BDR 40-591) 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.
Under existing law, each patient of a medical facility or facility for the dependent has the right to receive from his or her physician a description of his or informed consent to a procedure or treatment and, upon request, information ongive alternatives to the treatment or procedure.
Under existing law, each patient of a medical facility or facility for the her diagnosis, plan for treatment and prognosis, any information necessary to giveor informed consent to a procedure or treatment and, upon request, information on alternatives to the treatment or procedure.
(NRS 449A.106) Section 1 of this bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to establish a working group to develop a document consisting of medically and factually accurate written information concerning emergency sexual assault and attempted sexual assault.
(NRS 449A.106) Section 1 of this bill requires the Division of Public and Behavioral Health of the Department of Health and Human Services to establish a working group to develop a document consisting contraception, prophylactic antibiotics and certain other services for victims of sexual assault and attempted sexual assault.
Section 1 also requires each hospital or independent center for emergency medical care to ensure that each victim of sexual assault or attempted sexual assault who is treated by the hospital or independent center for emergency medical care is provided with a copy and oral explanation of the document.
Section 1 also requires each hospital or independent center for emergency medical care to ensure that each victim of sexual assault or attempted sexual assault who is treated by the hospital or independent center for emergency medical care is provided with a copy and oral explanation of Division to enforce the requirements of section 1.rming changes to allow the EXPLANATION – Matter in bolded italics is new;
Sections 2-8 of this bill make conforming changes to allow the Division to enforce the requirements of section 1.
matter between brackets [omitted material] is material to be omitted.
- *AB124_R1* – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
(1) Emergency contraception and prophylactic antibiotics, including, without limitation, possible side effects of using those medications and the locations of facilities or pharmacies where those medications are available;
- 80th Session (2019) – 2 – (1) Emergency contraception and prophylactic antibiotics, including, without limitation, possible side effects of using those medications and the locations of facilities or pharmacies where those medications are available;
and (3) Other services available to victims of sexual assault and attempted sexual assault in all regions of this State, including, without limitation, counseling, a list of clinics and other facilities that specialize in serving victims of sexual assault and a list of locations that provide testing for sexually transmitted diseases.
and (3) Other services available to victims of sexual assault and attempted sexual assault in all regions of this State, including, without limitation, counseling, a list of clinics and other facilities locations that provide testing for sexually transmitted diseases.f Such information must be organized in a manner that allows a victim to easily identify the services available in his or her region of the State.
Such information must be organized in a manner that allows a victim to easily identify the services available in his or her region of the State.
4.
(a) “Emergency contraception” means methods of birth control which, when administered within a specified period after intercourse, may prevent pregnancy from occurring.
As used in this section:
- *AB124_R1* – 3 – (a) “Emergency contraception” means methods of birth control which, when administered within a specified period after intercourse, may prevent pregnancy from occurring.
Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a - 80th Session (2019) – 3 – facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.
(a) Licensing standards for each class of medical facility or inclusive, and section 1 of this act and for programs of hospice care.
facility for the dependent covered by NRS 449.029 to 449.2428,or inclusive, and section 1 of this act and for programs of hospice care.
programs.gulations governing the licensing of such facilities and (c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017.
(b) Regulations governing the licensing of such facilities and programs.
(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his or her home without being considered a residential facility for groups pursuant to NRS 449.017.
(e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and section 1 of this act.
(e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.029 to 449.2428, inclusive [.] , and2.
2.
- *AB124_R1* – 4 – (a) Facilities for the care of adults during the day;
(a) Facilities for the care of adults during the day;
4.
- 80th Session (2019) – 4 – 4.
In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.
In establishing the qualifications, the Board shall consider the accredit such facilities.nationally recognized organizations which 6.
6.
The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups.
The Board shall adopt separate regulations regarding the 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups.
The regulations must require at least the following conditions before such assistance may be given:
The such assistance may be given:east the following conditions before (a) The ultimate user’s physical and mental condition is stable and is following a predictable course.
(a) The ultimate user’s physical and mental condition is stable and is following a predictable course.
(d) Except as otherwise authorized by the regulations adopted pursuant to NRS 449.0304, the prescribed medication is not administered by injection or intravenously.
(d) Except as otherwise authorized by the regulations adopted administered by injection or intravenously.dication is not (e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
(e) The employee has successfully completed training and examination approved by the Division regarding the authorized manner of assistance.
7.
- *AB124_R1* – 5 – 7.
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.
(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the - 80th Session (2019) – 5 – amount that will be charged for those services throughout the resident’s stay at the facility.
(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:
facility and the general approach to operating the facilityents of the incorporates these core principles:
(1) The facility is designed to create a residential environment that actively supports and promotes each resident’s qualit(2) The facility is committed to offering high-quality supportive services that are developed by the facility in needs;oration with the resident to meet the resident’s individual (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;
(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;
(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;
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(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;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;
(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general communi(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time;
(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time;
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.
and - *AB124_R1* – 6 – (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.
(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception;
- 80th Session (2019) – 6 – (a) Strict application of that requirement would result in economic hardship to the facility requesting the exception;
9.
regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:
(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 an emergency involving fire;uations, including, without limitation, (b) The adoption of plans to provide for the evacuation of a limitation, plans to ensure that nonambulatory patients may bethout evacuated;
(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;
(a) Facilities that only provide a housing and living environment;
environment;ities that only provide a housing and living (b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment;
(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment;
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.
and - *AB124_R1* – 7 – (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.
11.
- 80th Session (2019) – 7 – 11.
The Division shall enforce the provisions of NRS 449.029 to 449.245, inclusive, and section 1 of this act and may incur any necessary expenses not in excess of money authorized for that purpose by the State or received from the Federal Government.
The Division shall enforce the provisions of NRS 449.029 to 449.245, inclusive, and section 1 of this act and may incur any purpose by the State or received from the Federal Government.
Marshal shall, upon receiving a request from the Division or a written complaint concerning compliance with the plans and subsection 9 of NRS 449.0302:
2.
emergency adopted pursuant to (a) Enter and inspect a residential facility for groups;
The State Fire Marshal or a designee of the State Fire Marshal shall, upon receiving a request from the Division or a written complaint concerning compliance with the plans and requirements to respond to an emergency adopted pursuant to subsection 9 of NRS 449.0302:
(a) Enter and inspect a residential facility for groups;
The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups to ensure compliance with standards for health and sanitation.
The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups to ensure com4.ianAn authorized member or employee of the Division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the Division is notified that a residential facility for groups is operating without a license.
4.
An authorized member or employee of the Division shall enter and inspect any building or premises operated by a residential facility for groups within 72 hours after the Division is notified that a residential facility for groups is operating without a license.
The Division may deny an application for a license or may suspend or revoke any license issued under the - *AB124_R1* – 8 – provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act upon any of the following grounds:
The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, and section 1 of this act upon any of the following grounds:
(b) Aiding, abetting or permitting the commission of any illegal act.
- 80th Session (2019) – 8 – (b) Aiding, abetting or permitting the commission of any illegal act.
(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 section 1 of this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
(e) Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as pursuant to NRS 449.001 to 449.430, inclusive, and section 1 ofed this act and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required.
In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an age(a) Is convicted of violating any of the provisions of NRS 202.470;
In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
244.360, 244.3603 or 268.4124;
(a) Is convicted of violating any of the provisions of NRS 202.470;
or abate a nuisance pursuant to NRS (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124;
or (c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
The Division shall provide to a facility for the care of adults during the day:
The Division shall provide to a facility for the care of adults dur(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;
(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;
- *AB124_R1* – 9 – 4.
4.
and (b) Any disciplinary actions taken by the Division pursuant to subsection 2.
and - 80th Session (2019) – 9 – (b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Sec.
1.c.
9.
This act becomes effective:
1.
H - *AB124_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 63.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

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

  5. Read second time.

  6. From committee: Do pass.

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

  8. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  9. Read second time. Amended. (Amend. No. 154.) To printer.

  10. From committee: Amend, and do pass as amended.

  11. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 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.

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 healthcare
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 124 do?
AN ACT relating to health care; requiring the development and distribution of a document consisting of information for victims of sexual assault or attempted sexual assault; requiring a hospital or independent center for emergency medical care to provide a copy of the document to each victim of sexual assault or attempted sexual assault treated by the hospital or independent center for emergency medical care; and providing other matters properly relating thereto.
Who sponsors AB 124?
AB 124 is sponsored by Assemblywoman Connie Munk and Gorelow, Michelle.
What is the current status of AB 124?
This bill has been enacted into law. Introduced February 11, 2019. Enacted.
Where can I track AB 124?
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