SB 95 — Revises provisions governing diets that are ordered or prescribed for patients. (BDR 40-445)

(ReprintedSenate withBill amendmentsNo. adopted on April 2, 2019) FIRST REPRINT S.B.

9595–Committee SENATEon BILLHealth NOand .Human Services CHAPTER..........

95–COMMITTEE ON H EALTH AND H UMAN SERVICES (O N BEHALF OF THE LEGISLATIVE COMMITTEE ON HEALTH C ARE) PREFILED JANUARY 24, 2019 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing diets that are ordered or prescribed for patients.

(BDR 40-445) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

Yes.

CONTAINS UNFUNDED MANDATE (§ 1) (NOTR EQUESTED AFFECTEDLOCALGOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law defines the term “medical facility” to include a surgical center for ambulatory patients, an obstetric center, an independent center for emergency medical care, aan facilityagency forto skilledprovide nursing,nursing in the home, a facility for hospiceintermediate care, a hospital,facility aatefor psychiatricskilled hospital,nursing, a facility for thehospice treatmentcare, ofa irreversiblehospital, renal disease, a rural clinic, a nursing pool, a facility for modified medical detoxification, a facility forforral refractive surgery, a mobile unit, a community triage center and a program of hospice care.

Sections 2-9 and 11 of this bill make conforming changes.on - *SB95_R1* – 2 – Existing law authorizes a licensed dietitian to develop and manage operations to provide food, care and treatment programs prescribed by a physician, physician 640E.260)assistant, Sectiondentist, 10advanced ofpractice thisregistered billnurse additionally authorizes a licensed dietitian toRS order a diet or nutritionalpodiatric supplementphysician. for a patient.

(NRS 640E.260) Section 10 of this bill additionally authorizes a licensed dietitian to order a diet or nutritional supplement for a patient.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

A medical facility shall maintain documentation which demonstrates that the facility is in compliance with the - 80th Session (2019) – 2 – requirements of subsection 1 and make such documentation available to the Division upon request.

(a) Ordering special diets for patients;

- *SB95_R1* – 3 – 3.

Any medical facility, facility for the dependent or facility which is otherwise required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed that is operated and maintained by the United States Government or an agency thereof.

(d)- Regulations80th establishingSession a(2019) procedure– for3 the– indemnification by the Division, from the amount of any surety bond or otherotherication 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)into Theconsideration licensurethe unique factors of facilitiesoperating forsuch refractivea surgeryfacility.e (c) The licensure of mobile units which take into consideration the unique factors of operating sucha facility that is not in a facility.fixed location.

(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

- *SB95_R1* – 4 – 5.

6.assistance which may be given pursuant to NRS 453.375 andg the 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 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.

(c)- A80th writtenSession plan(2019) of– 4 – been established that:of care by a physician or registered nurse has been(1) establishedAddresses that:possession and assistance in the administration of the medication;

(1) Addresses possession and assistance in the administration of the medication;

The Board shall not allow the licensing of a facility as a residential facility for groups which shall not claim that it provides assisted“assisted living servicesservices” andunless:oups (a) Before authorizing a residentialperson to move into the facility, the facility formakes groupsa shallfull notwritten claimdisclosure to the person regarding what services of personalized care will be available to the person and the amount that itwill providesbe “assistedcharged livingfor services”those unless: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 amount that will be charged for those services throughout the resident’s stay at the facility.

and - *SB95_R1* – 5 – (3) Are shared with another occupant only upon consent of both occupants.

(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporatesincorpo(1) theseThe corefacility principles: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)- The80th facilitySession provides(2019) a– variety5 of– creative and innovative services that emphasize the particular needs of each individualindividualvative resident and the resident’s personal choice of lifestyle;

and (7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, theirthe8. families, the staff, any volunteers and the community at large.

8.The Division may grant an exception from the requirement large.

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:

-regulations *SB95_R1*and –requirements 6to –ensure 9.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:

(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without - 80th Session (2019) – 6 – limitation, plans to ensure that nonambulatory patients may be evacuated;

and (d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.