SB 130 — Provides for the licensing and regulation of certain persons who administer radiation. (BDR 40-61)

Section 35 requires a - *SB130_R2* – 4 – person to have knowledge of and be in compliance with guidelines for the prevention and transmission of infectious agents.

EXPLANATION – Matter in bolded italics is new;

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

As used in this section, “licensing board” means any division or board empowered to adopt standards for the issuance or renewal of licenses, permits or certificates of registration pursuant to NRS 433.601 to 433.621, inclusive, 435.3305 to - 80th Session (2019) – 4 – 435.339, inclusive, chapter 449, 625A, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640D, 641, 641A, 641B, 641C, 652 or 654 of NRS [.] or sections 22 to 51, inclusive, of this act.

(a) Any oral or written comment made or submitted to it by membersregulation;the of the public or by persons or facilities affected by the regulation;(b) The effect of the regulation on the cost of health care in this State;

(b) The effect of the regulation on the cost of health care in this State;

(b) A physician assistant licensed pursuant to chapter 630 or 633 of NRS, at the direction of his or her supervising physician or a - *SB130_R2* – 5 – licensed dental hygienist acting in the office of and under the a supervision of a dentist.

- 80th Session (2019) – 5 – (1) Employed by a health care agency or health care facility that is authorized to provide emergency care, or to respond to the immediate needs of a patient, in the residence of the patient;

As used in this paragraph, “designated facility” has the meaning ascribed to it in NRS 632.0145.

facility” has the meaning ascribed to it in (f) Except as otherwise provided in paragraph (g), an advanced emergency medical technician or a paramedic, as authorized by regulation of the State Board of Pharmacy and in accordance with any applicable regulations of:

is(1) lessThe thanState 100,000;oardBoard of Health in a county whose population (2) A county board of health in a county whose population is 100,000less orthan more;100,000;

(2) A county board of health in a county whose population is 100,000 or more;

(i) A dialysis technician, under the direction or supervision of a physicianthe orprocess registeredof nurserenal onlydialysis.only if the drug or medicine is used for (j) A medical student or student nurse in the processcourse of renalhis dialysis.or her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physician and:

(j)(1) AIn medical student or student nurse in the coursepresence of hisa orphysician her studies at an accredited college of medicine or approved school of professional or practical nursing, at the direction of a physicianregistered and:nurse;

- *SB130_R2* – 6 – (1) In the presence of a physician or a registered nurse;

- 80th Session (2019) – 6 – (k) Any person designated by the head of a correctional institution.

(n) [A radiologic technologist, at the direction of a physician and in accordance with any conditions established by regulation of the Board.

a[(p)] topical(o) drugA whichphysical is:therapist,therapist, but only if the drug or medicine is (1) Used for cooling and stretching external tissue during therap(2) Prescribed by a licensedtopical physiciandrug for:which is:

(1) Used for cooling and stretching external tissue during therapeutic treatments;

and (2) Prescribed by a licensed physician for:

[(s)]a (r)registered Inpharmacist accordancewho:ith with applicable regulations of the Board, a(1) registeredIs pharmacisttrained who:in and certified to carry out standards and practices for immunization programs;

(1) Is trained in and certified to carry out standards and practices for immunization programs;

and (3) Administers immunizations in compliance with the “Standards for Immunization Practices” recommended and - *SB130_R2* – 7 – approved by the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention.

- 80th Session (2019) – 7 – [(u)] (t) A person who is enrolled in a training program to become a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advanced emergency medical technician, paramedic, respiratory therapist, dialysis technician, [nuclear medicine technologist, radiologic technologist,] physical therapist or veterinary technician or to obtain a license to engage in radiation therapy and radiologic imaging pursuant to sections 22 to 51, inclusive, of this act if the person possesses and administers the drug or medicine in the same manner and under the same conditions that apply, respectively, to a physician assistant licensed pursuant to chapter 630 or 633 of NRS, dental hygienist, advancedadvancedensed emergency medical technician, paramedic, respiratory therapist, dialysis technician, [nuclear medicine technologist, radiologic technologist,] physical therapist , [or] veterinary technician or person licensed to engage in radiation therapy and radiologic imaging who may possess and administer the drug or medicine, and under the direct supervision of a person licensed or registered to perform the respective medical art or a supervisor of such a person.

regulations[(v)] of(u) the:calA medical assistant, in accordance with applicable (1)regulations Board of Medicalthe: Examiners, at the direction of the physician assistant.n and under the supervision of a physician or (2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

(1) Board of Medical Examiners, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

(2) State Board of Osteopathic Medicine, at the direction of the prescribing physician and under the supervision of a physician or physician assistant.

454.361 A conviction of the violation of any of the provisions of NRS 454.181 to 454.371, inclusive, constitutes grounds for thetheons suspension or revocation of any license issued to such person pursuant to the provisions of chapters 630, 631, 633, 635, 636, 638 or 639 of NRS [.] or sections 22 to 51, inclusive, of this act.

or - *SB130_R2* – 8 – (b) Is licensed pursuant to chapter 630 or 633 of NRS.

- 80th Session (2019) – 8 – (a) Submit an application to the Division on a form provided by the Division and provide any additional information required by the Division;

(d)and(d) Submit the statement required pursuant to NRS 457.1833;

and (e) [Pay] Except as otherwise provided in subsection 4, pay the fee required by the Division, which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.

An applicant for the issuance or renewal of a certificate to operate a radiation machine for mammography is not required to pay a fee pursuant to paragraph (e) of subsection 2 or subsection 6, as applicable, if the applicant holds a license issued pursuant to sections 22 to 51, inclusive, of this act.

machine5. for mammography if the person complies with theradiation provisions of subsection 2 and meets the standards adopted pursuant to subsection 1 of NRS 457.065.

The Division shall certify a person to operate a radiation machine for mammography if the person complies with the provisions of subsection 2 and meets the standards adopted pursuant to subsection 1 of NRS 457.065.

A certificate of authorization to operate a radiation machine for mammography expires 3 years after the date on which itotherwise wasprovided issuedin unlesssubsection it4, isthe renewedDivision beforeshall requireept as continuing education as a prerequisite to the renewal of a certificate and shall charge a fee for renewal that date.is calculated to cover the administrative costs directly related to the renewal of a certificate.

[The] Except as otherwise provided in subsection 4, the Division shall require continuing education as a prerequisite to the renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the renewal of a certificate.

The Division shall grant or deny an application for a certificate of authorization to operate a radiation machine for - *SB130_R2* – 9 – mammography or a certificate of authorization for a radiation - 80th Session (2019) – 9 – machine for mammography within 4 months after receipt of a complete application.

4.machine for mammography or a certificate of authorization for an radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.

If a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.

459.035 The Division shall not issue or renew the registration of a radiation machine pursuant to regulations adopted by the State Board of Health unless the applicant for issuance or renewal of the registration attests that the [radiologic technologists and nuclear medicine technologists] persons employed by the applicant [have knowledge of and are in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.] to operate the radiation machine are properly licensed pursuant to sections 22 to 51, inclusive, of this act or are exempt from the requirement to obtain suchsive,such of licensure pursuant to section 32 of this act.

459.260license 1.or registration issued pursuant to NRS 459.201 to a person who has violated any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued pursuant thereto.

The Division may suspend, revoke or amend a license or registration issued pursuant to NRS 459.201 to a person who has violated any provision of NRS 459.010 to 459.290, inclusive, or any rule, regulation or order issued pursuant thereto.

An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death - *SB130_R2*80th Session (2019) – 10 – against a provider of health care based upon professional negligence in excess of:

The limitations set forth in subsection 1 apply to all forms of recovery, including, without limitation, settlement, arbitration and judgment.

including, without limitation, settlement, arbitration and 3.

The term does not include services that are outside the scope of services for which the provider of health care is thelicensed applicable regulatory board or healthservices carefor facility.imposedwhich byany (b)restriction “Providerhas ofbeen healthimposed care”by means a physician licensed under optician, optometrist, registered physical therapist, podiatricg physician, licensed psychologist, chiropractor, doctor of Oriental medicine, holder of a license or a limited license issued under the provisionsapplicable ofregulatory sectionsboard 22 to 51, inclusive, of this act, medical laboratory director or technician,health licensedcare dietitianfacility. or a licensed hospital and its employees.

(b) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental provisions of sections 22 to 51, inclusive, of this act, medicalthe laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

41A.017 “Provider of health care” means a physician licensed pursuant to chapter 630 or 633 of NRS, physician assistant, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act, medical laboratory director or technician, licensed dietitian or a licensed hospital, clinic, surgery center, physicians’ professional - 80th Session (2019) – 11 – corporation or group practice that employs any such person and its employees.

- *SB130_R2* – 11 – Sec.

In an action for injury or death against a provider of health care based upon professional negligence, if the defendant so elects, the defendant may introduce evidence of any amount payable as a benefit to the plaintiff as a result of the injury or death pursuant to the United States Social Security Act, any state or federal income disability or worker’s compensation act, any health, sickness or income-disability insurance, accident insurance that provides health benefits or income-disability coverage, and anyanyt contract or agreement of any group, organization, partnership or corporation to provide, pay for or reimburse the cost of medical, hospital, dental or other health care services.

In an action for injury or death against a provider of health care based upon professional negligence, a district court shall, at the request of either party, enter a judgment ordering that money damages or its equivalent for future damages of the judgmentyjudgment creditor be paid in whole or in part by periodic payments rather than futureby damages.aymenta lump-sum payment if the award equals or exceeds $50,000 in 4.fut4.e dIn entering a judgment ordering the payment of future damages by periodic payments pursuant to subsection 3, the court shall make a specific finding as to the dollar amount of periodic payments that will compensate the judgment creditor for such future damages.

In entering a judgment ordering the payment of future damages by periodic payments pursuant to subsection 3, the court shall make a specific finding as to the dollar amount of periodic payments that will compensate the judgment creditor for such future damages.

A judgment ordering the payment of future damages by periodic payments entered pursuant to subsection 3 must specify the recipient or recipients of the payments, the dollar amount of the - 80th Session (2019) – 12 – payments, the interval between payments, and the number of payments or the period of time over which payments will be made.

Money damages awarded for loss - *SB130_R2* – 12 – of future earnings must not be reduced or payments terminated by reason of the death of the judgment creditor, but must be paid to persons to whom the judgment creditor owed a duty of support, as provided by law, immediately before the judgment creditor’s death.

In such cases, the court that rendered the original judgment may, upon petition of any party in interest, modify the judgment to award and apportion the unpaid future damages in accordance with thisthisaward subsection.

(a) “Future damages” includes damages for future medical treatment, care or custody, loss of future earnings, loss of bodily fun(b)function, “Periodicor payments”future meanspain theand paymentsuffering of moneythe orreditor.judgment creditor.

delivery(b) “Periodic payments” means the payment of money or intervals.f other property to the judgment creditor at regular int(c)(c) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death.

(d) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, licensed nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, holder of a license or a limited license issued under the - 80th Session (2019) – 13 – provisions of sections 22 to 51, inclusive, of this act, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

- *SB130_R2* – 13 – (1) Unlawfully attempting to use physical force against another person;

or (2) Intentionally placing another person in reasonable apprehensionapp(b) of“Fire-fighting immediateagency” bodilyhas harm.the meaning ascribed to it in NRS 239B.020.

(b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

and (III) Wear identification, clothing or a uniform that identifies the lawemployee enforcementor agency;volunteervolunteer as working or volunteering for (8) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employeelaw orenforcement volunteeragency; to:

(8) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

or - 80th Session (2019) – 14 – (9) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

- *SB130_R2* – 14 – (d) “Provider of health care” means a physician, a medical student, a perfusionist or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a pursuant to homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractor, a chiropractor’s assistant, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a dentist, a dental student, a dental hygienist, a dental hygienist student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a licensed dietitian, the holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act, an emergency medical technician, an advanced emergency medical technician and a paramedic.

(e) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

NRSof 41.630.rtingtrustees event”of hasa theschool meaningdistrict ascribedpursuant to itNRS in(f) (g)“Sporting “Sportsevent” official” has the meaning ascribed to it in NRS(h) “Taxicab” has the meaning ascribed to it in NRS 706.8816.41.630.

(g) “Sports official” has the meaning ascribed to it in NRS 41.630.

(h) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly - 80th Session (2019) – 15 – weapon or the present ability to use a deadly weapon, for a misdemeanor.

(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based ononor - *SB130_R2* – 15 – the performance of his or her duties at a sporting event and the person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

(d) If the assault is committed upon an officer, a provider of health care, a school employee, a taxicab driver or a transit operator who is performing his or her duty or upon a sports official based on the performance of his or her duties at a sporting event by a probationer, a prisoner who is in lawful custody or confinement or a parolee, and the probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator or a sports official, for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, imprisonment.ofor by a fine of not more than $5,000, or by both fine and Sec.imprisonment.

Sec.

who,200.5093 in1. a professional or occupational capacity, knows or hasd reasonable cause to believe that an older person has been abused, neglected, exploited, isolated or abandoned shall:

(a)Any Exceptperson aswho otherwiseis provideddescribed in subsection 2,4 reportand thewho, abuse,in neglect,a exploitation,professional isolationor occupational capacity, knows or abandonmenthas ofreasonable thecause to believe that an older person to:has been abused, neglected, exploited, isolated or abandoned shall:

- 80th Session (2019) – 16 – (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person to:

and (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person has been abused, neglected, exploited, isolated or abandoned.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the - *SB130_R2* – 16 – abuse, neglect, exploitation, isolation or abandonment of the older person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist,psychiatrist,nsed pursuant psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian , holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act or other person providing medical services licensed or certified to practice in this State, who examines, attends neglected, exploited, isolated or abandoned.etreats beenan abused,older (b) Any personnel of a hospital or similar institution engaged in administrator, manager or other person inwho chargeappears ofto ahave hospitalbeen orabused, similarneglected, institutionexploited, uponisolated notification of the suspected abuse, neglect, exploitation, isolation or abandonmentabandoned. of an older person by a member of the staff of the hospital.

(b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or - 80th Session (2019) – 17 – similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person by a member of the staff of the hospital.

(f) Every person who operates, who is employed by or who contractsorganization toas providedefined servicesin forNRS an449.4304.ermediary intermediary service organization(g) asAny definedemployee inof the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 449.4304.427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to C.F.R.

(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R.

- *SB130_R2* – 17 – (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

(m)recovery organization, as defined in NRS 449.01563.a peer support (n) Every person who operates or is employed by a peercommunity supporthealth recoveryworker organization,pool, as defined in NRS 449.01563.449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

(n) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person and submit to the appropriate local law enforcement agencies, the - 80th Session (2019) – 18 – appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings.

A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the DepartmentDepartmentr of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

- *SB130_R2* – 18 – 8.

Sec.follows:15.

15.NRS 200.50935 is hereby amended to read as 200.50935 1.

NRS 200.50935 is hereby amended to read as follows:

200.50935 1.

and (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to exploited,believe isolatedthat orthe abandoned.nvulnerable person has been abused, neglected, 2.exploited, isolated or abandoned.

If- a80th personSession who(2019) is– required19 to– make2. a report pursuant to abuse, neglect, exploitation, isolation or abandonment of thee vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the vulnerable person involves an act or omission of a law enforcement agency, the person shall make the report to a law enforcement agency other than the one alleged to have committed the act or omission.

(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug abuse counselor, alcohol and drug abuse counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian , holder of a license or a limited license issued under the provisions of sections 22 to 51, inclusive, of this act or other person providing medical services licensed or certified to practice in this State, who examines, attends - *SB130_R2* – 19 – or treats a vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

(d)provide Everynursing personin whothe maintainshome.tains or is employed by an agency to provide(e) nursingAny inemployee of the home.Department of Health and Human Services.

(e) Any employee of the Department of Health and Human Services.

mortuary.y- 80th Session (2019) – 20 – (j) Any person who owns or is employed by a funeral home or 4.mortuary.

4.

subsection5. 1 knows or has reasonable cause to believe that at to vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and submit to the appropriate local law enforcement agencies and the appropriate prosecuting attorney his or her written findings.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the vulnerable person and appropriate prosecuting attorney his or her written findings.

- *SB130_R2* – 20 – 2.

or (c) To persons or agencies enumerated in subsection 3,  is guilty of a misdemeanor.

enumerated in subsection 3, 3.

- 80th Session (2019) – 21 – (c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older per(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an (e) A person engagedor invulnerable bonaperson; fide research, but the identity of the subjects of the report must remain confidential;

(f)(d) A grandcourt jurywhich uponhas itsdetermined, determinationin camera, that accesspublic todisclosure of such recordsinformation is necessary infor the conductdetermination of itsan officialissue business;before it;

(g)(e) AnyA comparableperson authorizedengaged personin orbona agencyfide inresearch, anotherbut jurisdiction;the identity of the subjects of the report must remain confidential;

records is necessary in the conduct of its official business;h (g) Any comparable authorized person or agency in another jurisdiction;

(i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor - *SB130_R2* – 21 – or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

or (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that4.at If the person who is notreported legallyto incompetent.have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, or sections 22 to 51, inclusive, of this act, the information contained in the report must be submitted to the board that issued the license.

4.

If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is the holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, or 654 of NRS, or sections 22 to 51, inclusive, of this act, the information contained in the report must be submitted to the board that issued the license.

- 80th Session (2019) – 22 – Sec.

200.820 “Surgical procedure” means any invasive medicalws:

procedure where a break in the skin is created and there is contact where a break in the skin is created or which involves manipulation of the internal body cavity beyond a natural or artificial body orifice which requires a license to perform pursuant to chapters 630 to 637, inclusive, 639 or 640 of NRS [.] or sections 22 to 51, inclusive, of this act.

18.

NRS 200.820 is hereby amended to read as follows:

200.820 “Surgical procedure” means any invasive medical procedure where a break in the skin is created and there is contact with the mucosa or any minimally invasive medical procedure of the internal body cavity beyond a natural or artificial body orifice which requires a license to perform pursuant to chapters 630 to 637, inclusive, 639 or 640 of NRS [.] or sections 22 to 51, inclusive, of this act.

Sec.

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, - *SB130_R2* – 22 – 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3925, 209.419, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.490, 268.910, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, - 80th Session (2019) – 23 – 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, 396.9685,412.153, 398A.115,416.070, 408.3885,422.2749, 408.3886,422.305, 408.3888,422A.342, 408.5484,422A.350,84, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 433.534, 433A.360, 437.145, 439.840, 439B.420, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 445A.665, 445B.570, 449.209, 449.245, 449A.112, 450.140, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.365, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.405, 633.283, 633.301, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, - *SB130_R2* – 23 – 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.400, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.325, 641A.191, 641A.289, 641B.170, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645E.300, 645E.375, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 654.110, 656.105, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 679B.122, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, - 80th Session (2019) – 24 – 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 section 47 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

An officer, employee or agentcontrol of a governmentalpublic record:ental entity who has legal custody or(a) controlShall ofnot refuse to provide a copy of that public record:record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

- *SB130_R2* – 24 – (a) Shall not refuse to provide a copy of that public record in a readily available medium because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

Any person who is described in subsection 4 and who, in his or her professional or occupational capacity, knows - 80th Session (2019) – 25 – or has reasonable cause to believe that a child has been abused or neglected shall:

If a person who is required to make a report pursuant to subsectionor 1neglect knowsof orthe haschild reasonableinvolves causean toact believeor thatomission of:hat the abuse (a) A person directly responsible or neglectserving as a volunteer for or an employee of a public or private home, institution or facility where the child involvesis anreceiving actchild orcare omissionoutside of:of the home for a portion of the day, the person shall make the report to a law enforcement agency.

(a)(b) A person directly responsible or serving as a volunteer for or where the child is receiving child care outside of the home for a portion of the day, the person shall make the report to a law enf(b) An agency which provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

Any person who is described in paragraph (a) of subsection 4 who delivers or provides medical services to a newborn infant and who, in his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance abuse or has withdrawal symptoms resulting from prenatal drug exposure shall, as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for - *SB130_R2* – 25 – appropriate counseling, training or other services.

(a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, - 80th Session (2019) – 26 – 640D, 640E, 641, 641A, 641B or 641C of NRS [.] or sections 22 to 51, inclusive, of this act.

(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

(f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to (g) Any person licensed pursuant to chapter 424 of NRS to conduct a fosterchild. home.

(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.

As used in this paragraph, “youth shelter” has the meaningmea(l) ascribedAny toadult itperson inwho NRSis 244.427.employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.

(l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child - *SB130_R2* – 26 – has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency.

If such a report is made to an agency which provides child welfare - 80th Session (2019) – 27 – services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report.

7.division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:

The(a) agency,Inform board,the bureau,person, commission,in department,writing division or politicalby subdivisionelectronic ofcommunication, the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professionalduty oras occupationala capacitymandatory toreporter bepursuant licensed,to certified or endorsed in this Statesection; shall, at the time of initial licensure, certification or endorsement:

communication,(b) ofObtain hisa written acknowledgment or herelectronic dutyrecord asfrom athe mandatoryperson reporterthat he or she has been informed of his or her duty pursuant to this section;

the person that he or she has been informed of his or her dutyom pursuant to this section;

(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuantpursuantnic to this section;

- *SB130_R2* – 27 – 9.

- 80th Session (2019) – 28 – (b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303;

(b) “Public school” has the meaning ascribed to it in NRSNRSSec. 385.007.

Sec.

24.5.De“Department”24. means the Department of Health and Human Services.

Behavioral(Deleted Healthby ofamendment.) theSec. Department of Health and Human Services.

24.5.

“Department” means the Department of Health and Human Services.

25.

“Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

Sec.

“Limited license” means a limited license to engage in radiologic imaging issued pursuant to section 37, 38 or 39 of thisthiSec. act.

Sec.

- *SB130_R2* – 28 – 1.

- 80th Session (2019) – 29 – 2.

A dentist or dental hygienist licensed pursuant to chapter 631 of NRS or a dental assistant working within the scope of his or her employment under the direct supervision of a dentist.

5.NRS..

A podiatric physician licensed pursuant to chapter 635 of NRS.6.

6.

The Committee consists of seven members, all of whom are ensurevoting thatmembers, theappointed membersby of the CommitteeGovernor. represent ther shall geographic diversity of this State.

The Governor shall appointensure tothat the(a) One member who holds a license and is certified by the Americanmembers Registry of Radiologicthe Technologists,Committee orrepresent its successor organization, to practice in the areageographic diversity of radiography.this State.

(b)The OneGovernor membershall whoappoint holds a license and is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the areaCommittee: of nuclear medicine technology.

(a) One member who holds a license and is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography.

(b) One member who holds a license and is certified by the organization, to practice in the area of nuclear medicinecessor technology.

A vacancy on the Committee must be filled in the - *SB130_R2*80th Session (2019) – 2930 – same manner as the initial appointment.

The Committee shall annually select a Chair from among the members appointed pursuant to paragraphs (a) to (d), inclusive, of subsection 2, and a Vice Chair from among its members.mem6.rsThe Committee shall meet at least once each year and such other times as requested by the Administrator of the Division.

6.

The Committee shall meet at least once each year and such other times as requested by the Administrator of the Division.

and (b) Make such other recommendations to the Board, the radiologicDivision imagingand asthe itLegislature deemsconcerning proper.g radiation therapy and Sec.radiologic imaging as it deems proper.

Sec.

issuance(a) andEstablishing renewal of a license or limited license.and the (b)fees Definingfor the scopeapplication of practice for radiologistand assistantsthe issuance and personsrenewal whoof holda licenseslicense andor limited licenses.license.

Such(b) regulationsDefining the scope of practice for radiologist assistants and must be at least as stringent as the scope of practice adopted by a national professional organization whose membership consists of persons licensed or certified to engage in radiation therapy or radiologic imaging.

(d) Prescribing the qualifications of a person who is authorized to supervise the holder of a limited license, the tasks for - 80th Session (2019) – 31 – which such supervision is required and the level of supervision required.

- *SB130_R2* – 30 – (e) Defining the terms “crime involving moral turpitude” and “unprofessional conduct” for the purposes of section 48 of this act.

At the same time that the Board provides notice pursuant to chapter 233B of NRS or NRS 241.020 of any meeting or workshop relating to the adoption of a proposed regulation pursuant to this chapter, the Board shall submit an electronic copy of the notice to the Radiation Therapy and Radiologic Imaging Advisory Committee created by section 33 of this act.

Except as otherwise provided in sections 42 and 43 of this act, a person shall not engage in:

from(b) theRadiation Division.herapytherapy unless he or she has obtained a license (c)from Radiation therapy or radiologic imaging which is outside license by the regulationsDivision. adopted pursuant to section 34 of thisd act.

(c) Radiation therapy or radiologic imaging which is outside the scope of practice authorized for his or her license or limited act.nse by the regulations adopted pursuant to section 34 of this 2.

- 80th Session (2019) – 32 – 5.

- *SB130_R2* – 31 – (a) On the date on which the holder of the provisional license or provisional limited license is issued a license or limited license by the Division;

or (c) One year after the date on which the holder of the provisional license or provisional limited license is initially employed to engage in radiation therapy or radiologic imaging.imaging.y 6.

6.

Is certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography, nuclear medicine technology or radiation therapy or the Nuclear Medicine Technology Certification Board, or its successor organization, in nuclear medicine or meets anyorany its alternative standards prescribed by regulation of the Board.

engageSec. in radiologic imaging to a person who has completed ao course of study in limited X-ray machine operation that incorporates the Limited X-Ray Machine Operator Curriculum prescribed by the American Society of Radiologic Technologists, or its successor organization, and satisfies the provisions of subsection 2.

37.

1.

The Division may issue a limited license to course of study in limited X-ray machine operation thatted a incorporates the Limited X-Ray Machine Operator Curriculum prescribed by the American Society of Radiologic Technologists, or its successor organization, and satisfies the provisions of subsection 2.

- 80th Session (2019) – 33 – (c) If applying for a limited license in podiatric radiography, is licensed as a podiatry hygienist pursuant to NRS 635.093 or certified by the American Society of Podiatric Medical Assistants or its successor organization;

or - *SB130_R2* – 32 – (d) If applying for a limited license in bone densitometry, is certified as a bone densitometry technologist or a certified densitometry technologist by the International Society for Clinical Densitometry, or its successor organization, or has successfully completed the examination for bone densitometry equipment operatorsTechnologists administeredor byits thesuccessor Americanorganization.try Registry of Radiologic Technologists3. or its successor organization.

3.

(d) Skull and sinus radiography, which authorizes the holder face;eof the limited license to engage in radiography of the skull and (e)face; Podiatric radiography, which authorizes the holder of the lower leg below the knee;

in radiography of the foot, ankle and (f) Bone densitometry, which authorizes the holder of the limited license to engage in theradiography determination of bonethe massfoot, byankle measuringande thelower absorptionleg ofbelow radiation in the bone;knee;

(f) Bone densitometry, which authorizes the holder of the limited license to engage in the determination of bone mass by measuring the absorption of radiation in the bone;

- 80th Session (2019) – 34 – (b) “Radiography” has the meaning ascribed to it in NRS 457.182.

The Division may issue a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging in accordance with the provisions of this - *SB130_R2* – 33 – section to an applicant who meets the requirements set forth in this section.

An applicant for a license by endorsement or a limited license by endorsement pursuant to this section must submit to the Division an application in the form prescribed by the Division the and:

application(b) andAn anyaffidavit accompanyingstating materialthat isthe trueinformation andcontained correct;thein andthe (c)application Anyand otherany informationaccompanying requiredmaterial byis thetrue Division.and correct;

and (c) Any other information required by the Division.

Unless the Division denies the application for - 80th Session (2019) – 35 – good cause, the Division shall approve the application and issue a license by endorsement or limited license by endorsement, as applicable, to the applicant not later than 45 days after receiving the application.

The Division may issue a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging in accordance with the provisions of this - *SB130_R2* – 34 – section to an applicant who meets the requirements set forth in thi2.secAn applicant for a license by endorsement pursuant to this section.section must submit to the Division with his or her application:

2.

An applicant for a license by endorsement pursuant to this section must submit to the Division with his or her application:

(4) Is a citizen of the United States or otherwise has the legal right(5) toHas worknot been disciplined or investigated by a regulatory authority of the state or territory in which the Unitedapplicant States;holds or has held a license;

(5)and (6) Has not ever been disciplinedheld civilly or investigatedcriminally byliable afor regulatorymalpractice hasrelated heldto ahis or her license;

andor(b) territory in which the applicant holds or (6) Has not ever been held civilly or criminally liable for mal(b) An affidavit stating that the information contained in the application and any accompanying material is true and correct;

Not later than 15 business days after receiving an application for a license by endorsement to engage in radiation therapy and radiologic imaging or a limited license by endorsement to engage in radiologic imaging pursuant to this - 80th Session (2019) – 36 – section, the Division shall provide written notice to the applicant if any additional information is required by the Division to consider the application.

At any time before making a final decision, the Division may grant a provisional license authorizing an applicant to - *SB130_R2* – 35 – engage in radiation therapy and radiologic imaging or aat to provisional limited license authorizing an applicant to engage in radiologic imaging, as applicable, in accordance with regulations adopted by the Division.

(a) The application or any other forms that must be submitted for the issuance or renewal of the license or limited license;

A license or limited license may not be issued or renewed by (a)the FailsDivision toif submit the statementapplicant: required pursuant to subsection 1;

or(a) subsectionFails 1 that the applicant is subject to asubmit court order for the supportstatement ofrequired a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to thesubsection order.1;

4.or (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

- 80th Session (2019) – 37 – 4.

Sec.radiologist assistant if the holder is:nse may practice as a (a) Certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area of radiography and is registered as a radiologist assistant by that entity;

41.

1.

The holder of a license may practice as a radiologist assistant if the holder is:

(a) Certified by the American Registry of Radiologic Technologists, or its successor organization, to practice in the area - *SB130_R2* – 36 – of radiography and is registered as a radiologist assistant by that entity;

A person who practices as a radiologist assistant without meetingmisdemeanor.requirements the requirements of subsection 1 is guilty of a misdemeanor.Sec.

Sec.

A person who does not meet the requirements of section 35 of this act may, without compensation, engage in radiation therapy or radiologic imaging under the direct supervision of a physician, dentist, chiropractor or podiatrist or a person who holds a license for the purpose of qualifying for any cer2.fiAcertification holderrequired ofto obtain a license or a limited licenselicense. may engage inse.

radiation2. therapy or radiologic imaging outside the scope of regulations adopted pursuant to section 34 of this act if:nse by the (a) Necessary to qualify for certification by a national accrediting organization in that area;

andA (b)holder Theof licenseea registerslicense withor thelimited Divisionlicense beforemay engagingengage in suchradiation activity.therapy or radiologic imaging outside the scope of practice authorized for his or her license or limited license by the regulations adopted pursuant to section 34 of this act if:

(a) Necessary to qualify for certification by a national accrediting organization in that area;

and - 80th Session (2019) – 38 – (b) The licensee registers with the Division before engaging in such activity.

(a) The date on which the holder of the temporary student license is issued a license or limited license by the Division;

or - *SB130_R2* – 37 – (c) One year after the date on which the holder of the temporary student license is initially employed to engage in radiation therapy or radiologic imaging.

and (c) Completes the continuing education prescribed by regulationreg2.atA person described in subsection 1 may take X-ray photographs as part of thehis Department.or her employment or service as an independent contractor in a rural health clinic or federally- qualified health center that:

2.

A person described in subsection 1 may take X-ray photographs as part of his or her employment or service as an independent contractor in a rural health clinic or federally- qualified health center that:

and (b) Has established a quality assurance program for X-ray photographs that meets the requirements prescribed by regulation of the Division.

meets the requirements prescribed by regulation 3.

A person who performs computed tomography or fluoroscopy as part of his or her employment on January 1, 2020, may continue to perform any such activity on and after that date - 80th Session (2019) – 39 – without complying with the requirements of section 44 or 45, as applicable, of this act if he or she:

(a) “Federally-qualified health center” has the meaning asc(b) “Rural health clinic” has the meaning ascribed to it in 42 U.S.C.

§ 1396d(l)(2)(B).

(b) “Rural health clinic” has the meaning ascribed to it in 42 U.S.C.

Except as otherwise provided in this section, a holder of a license may only perform computed tomography within his or her - *SB130_R2* – 38 – scope of practice, as authorized by the regulations adopted pursuant to section 34 of this act, if he or she is certified by:

4.of subsection 2 or 3 may perform computed tomography if he orments she:

A holder of a license who does not satisfy the requirements of subsection 2 or 3 may perform computed tomography if he or she:

A person who performs computed tomography in violation of Sec.this section is guilty of a misdemeanor.

Sec.

1.n1. isA person shall not perform fluoroscopy except as authorized in this section and section 43 of this act.

A person shall not perform fluoroscopy except as authorized in this section and section 43 of this act.

- 80th Session (2019) – 40 – 2.

A holder of a license may perform fluoroscopy:

46.

(Deleted by amendment.) Sec.

1.1.eletExcept as otherwise provided in this section, any authorized representative of the Division may:

Except as otherwise provided in this section, any authorized representative of the Division may:

An owner, occupant or person responsible for such - *SB130_R2* – 39 – property who fails to permit such entry and inspection is guilty of a misdemeanor.

An authorized representative of the Division may only enter an area that is subject to the jurisdiction of the Federal Government if the authorized representative obtains the consent of thethe3.edAny Federalreport Governmentof an investigation or itsinspection dulyconducted designatedpursuant representative.to paragraph (a) of subsection 1 and any information requested pursuant to paragraph (b) of subsection 1 shall not be disclosed or made available for public inspection, except as otherwise provided in NRS 239.0115 or as may be necessary to carry out the responsibilities of the Division.

3.

Any report of an investigation or inspection conducted pursuant to paragraph (a) of subsection 1 and any information requested pursuant to paragraph (b) of subsection 1 shall not be disclosed or made available for public inspection, except as otherwise provided in NRS 239.0115 or as may be necessary to carry out the responsibilities of the Division.

(a) Obtains a license or limited license through fraud, mis(b)misrepresentation Engagesor inconcealment unprofessional conduct, as defined by the regulations adopted pursuant to section 34 of thismaterial act;facts;

defined- by80th theSession regulations(2019) adopted– pursuant41 to– section(b) 34Engages ofin thisunprofessional act,conduct, oras anydefined crimeby which indicates that the personregulations isadopted unfitpursuant to engagesection in34 radiationof therapythis oract; radiologic imaging;

(c) Is convicted of a crime involving moral turpitude, as defined by the regulations adopted pursuant to section 34 of this act, or any crime which indicates that the person is unfit to engage in radiation therapy or radiologic imaging;

(e) Is guilty of malpractice, gross negligence or incompetence whilewhi(f) engagingEngages in radiationconduct therapythat orcould radiologicresult imaging;in harm to a member of the public;

(f) Engages in conduct that could result in harm to a member of the public;

The Division may, upon its own motion, and shall, upon the verified complaint in writing of any person setting - *SB130_R2* – 40 – forth facts which, if proven, would constitute grounds for initiating disciplinary action, investigate the actions of any person who engages in radiation therapy or radiologic imaging.

3.Division pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon by the Division.

The Division shall retain all complaints received by the Division pursuant to this section for at least 10 years, including, without limitation, any complaints not acted upon by the Division.

- 80th Session (2019) – 42 – 6.

The Division shall render a written decision at the conclusion of each hearing, and the record and decision in each hearing must be made available for inspection by any interested person.

authority7. to take any disciplinary action pursuant to the provisions of this chapter.

AnyThe disciplinaryDivision actionmay takendelegate byto thea hearing officer or panel isits subjectauthority to thetake sameany proceduraldisciplinary requirementsaction applicable to the Division pursuant to subsection 6, and the officerprovisions orof panelthis haschapter. those powers and duties given to the Division in relation thereto.

Any disciplinary action taken by the hearing officer or panel is subject to the same procedural requirements applicable to the Division pursuant to subsection 6, and the officer relation thereto.e powers and duties given to the Division in 8.

If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license or limited license, the Division shall deem the license or limited license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the license or limited license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the - *SB130_R2* – 41 – license or limited license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

The Division shall reinstate a license or limited license that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or limited license was suspended stating that the person whose license or limited license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

- 80th Session (2019) – 43 – Sec.

A regulatory body that regulates a profession pursuant to chapters 630, 630A, 632 to 641C, inclusive, or 644A of NRS or sections 22 to 51, inclusive, of this act in this State may enter into a reciprocal agreement with the corresponding regulatory authority of the UnitedDistrict Statesof forColumbia theor purposesany of:any other state or territory (a)of Authorizing a qualified person licensed in the professionUnited inStates morefor other states or territories of the Unitedpurposes States;of:

andtate(a) Authorizing a qualified person licensed in the profession in that state or territory to practice concurrently in this State and one or (b)mor(b) Regulating the practice of such a person.person.tates;

and 2.

(b) Has been in practice for at least the 5 years immediately preceding the date on which the person submits an application for - *SB130_R2* – 42 – the issuance of a license pursuant to a reciprocal agreement entered into pursuant to subsection 1.

(c)state Hasor notterritory hadof histhe United States.spended or herrevoked licensein suspendedany or(d) revokedHas not been refused a license to practice in any state or territory of the United States.States for any reason.

(d) Has not been refused a license to practice in any state or territory of the United States for any reason.

If the regulatory body enters into a reciprocal agreement pursuant to subsection 1, the regulatory body must prepare an annual report before January 31 of each year outlining the progress - 80th Session (2019) – 44 – of the regulatory body as it relates to the reciprocal agreement and submit the report to the Director of the Legislative Counsel Bureau for transmittal to the next session of the Legislature in odd- numbered years or to the Legislative Committee on Health Care in even-numbered years.

630.279 The Board shall adopt regulations regarding the licensure of practitioners of respiratory care, including, without limitation:lim1.atiEducational and other qualifications of applicants;

Required academic programs which applicants mustts;must successfully complete;

successfully complete;

The types of medical services that a practitioner of respiratory care may perform, except that a practitioner of respiratory care may not perform those specific functions and duties delegated or otherwise restricted by specific statute to persons licensed as dentists, chiropractors, podiatric physicians, optometrists, physicians, osteopathic physicians or hearing aid specialists pursuant to this chapter or chapter 631, 633, 634, 635, 636 or 637B of NRS, as appropriate [;] , or persons who hold a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to sections 22 to 51, inclusive, of this act;

-630A.299 *SB130_R2*The –Board 43shall –adopt Sec.regulations regarding thews:

55.certification of a homeopathic assistant, including, but not limited to:

NRS 630A.299 is hereby amended to read as follows:

630A.299 The Board shall adopt regulations regarding the certification of a homeopathic assistant, including, but not limited to:

The medical services which a homeopathic assistant may perform, except that a homeopathic assistant may not perform those specific functions and duties delegated or restricted by law to persons licensed as dentists, chiropractors, podiatric physicians, optometrists or hearing aid specialists under chapter 631, 634, 635, 636- 80th Session (2019) – 45 – or 637B, respectively, of NRS [.] or persons licensed to engage in radiation therapy or radiologic imaging pursuant to sections 22 to 51, inclusive, of this act.

The establishment of requirements for the continuing eduSec.eduSecs.

56.56 and 57.

(Deleted by amendment.).amendment.) Sec.

Sec.58.

57.NRS 632.472 is hereby amended to read as follows:

(Deleted by amendment.) 632.472 1.

(b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of -member *SB130_R2*of –the 44staff –of a medical facility or facility for the facility.he dependent upon notification by a member(c) ofA thecoroner. staff of the facility.

(c) A coroner.

- 80th Session (2019) – 46 – (h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

(k)(l) Any socialperson worker.who operates or is employed by a community health worker pool or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

(l)(m) Any person who operates or is employed by a communitypeer contractssupport torecovery provideorganization. the services of a community health worker, as defined in NRS 449.0027.

recovery organization.operates or is employed by a peer support 2.

5.

As used in this section:

- *SB130_R2* – 45 – (b) “Community health worker pool” has the meaning ascribed to it in NRS 449.0028.

Sec.Secs.

59.59-61.

60.

(Deleted by amendment.) Sec.

61.

(Deleted by amendment.) Sec.

- 80th Session (2019) – 47 – 2.

A podiatry hygienist who has not successfully completed the training prescribed by the Board pursuant to subsection 4 may, as part of that training, take and develop X-rays under the direct supervisionsup4.visThe ofBoard shall adopt regulations prescribing training that a podiatricpodiatry physician.hygienist must receive before taking and developing X-rays.

that5. a podiatry hygienist must receive before taking andaining developing X-rays.

As used in this section:

(g) Administer oral medications.

The Board may require that every podiatry hygienist have a general knowledge of sterile techniques, aseptic maintenance of - *SB130_R2* – 46 – surgery rooms, emergency treatments, podiatric nomenclature and podiatric surgical procedure.

- 80th Session (2019) – 48 – 2.

Holds a current license issued pursuant to chapters 630 to 637, inclusive, or 640 to 641C, inclusive, of NRS [,] or sections 22 to 51, inclusive, of this act,  and who does not engage in the private practice of audiology or speech-language pathology in this State.

practice of audiology or Sec.

Except as otherwise provided in this chapter, it is unlawful for any person to manufacture, engage in wholesale distribution, compound, sell or dispense, or permit to be manufactured, distributed at wholesale, compounded, sold or dispensed, any drug, poison, medicine or chemical, or to dispense or compound, or permit to be dispensed or compounded, any prescription of a practitioner, unless the person:

any (a) Is a prescribing practitioner, a person licensed to engage in wholesale distribution, [a technologist in radiology or nuclear medicine] a person licensed pursuant to sections 22 to 51, inclusive, of this act under the supervision of the prescribing practitioner, a registered pharmacist, or a registered nurse certified in oncology under the supervision of the prescribing practitioner;

(a) If no substantial bodily harm results, is guilty of a category D felony;f(b) If substantial bodily harm results, is guilty of a category C felony,  and shall be punished as provided in NRS 193.130.

or (b) If substantial bodily harm results, is guilty of a category C felony,  and shall be punished as provided in NRS 193.130.

Sales representatives, manufacturers or wholesalers selling only in wholesale lots and not to the general public and compounders or sellers of medical gases need not be registered - *SB130_R2* – 47 – pharmacists.

Any nonprofit cooperative organization or any manufacturer or wholesaler who furnishes, sells, offers to sell or delivers a controlled substance which is intended, designed and labeled “For Veterinary Use Only” is subject to the provisions of this chapter, and shall not furnish, sell or offer to sell such a substance until the - 80th Session (2019) – 49 – organization, manufacturer or wholesaler has obtained a license from the Board.

6.deny to a prescribing practitioner the issuance of a certificate, license, registration, permit or authorization to prescribe controlled substances or dangerous drugs because the practitioner is located outside this State.

The Board shall not condition, limit, restrict or otherwise deny to a prescribing practitioner the issuance of a certificate, license, registration, permit or authorization to prescribe controlled substances or dangerous drugs because the practitioner is located outside this State.

If the Board determines that a complaint filed with the Board concerns a matter within the jurisdiction of another licensing board, the Board shall refer the complaint to the othererother licensing board within 5 days after making the determination.

orally,2. electronically or in writing.

The Board may refer a complaint pursuant to subsection 1 3.orally, electronically or in writing.

3.

4.acting upon a complaint which concerns a matter within theard from jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the jurisdiction of the Board regardless of whether the Board refers the complaint pursuant to subsection 1.

- *SB130_R2* – 48 – (a) A board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 643, 644A or 654 of NRS [.] ;

and - 80th Session (2019) – 50 – (b) The Division of Public and Behavioral Health of the Department of Health and Human Services.

3.with the Board, including, without limitation:any complaint filed (a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board;

The provisions of subsection 1 apply to any complaint filed with the Board, including, without limitation:

(a) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board;

The provisions of this section do not prevent the Board from acting upon a complaint which concerns a matter within the complaintjurisdiction pursuantof tothe subsectionBoard 1.sregardless of whether the Board refers the 5.complaint pursuant to subsection 1.

The5. Board or an officer or employee of the Board is immune and without malicious intent in carrying out the provisions in thisaith section.

The Board or an officer or employee of the Board is immune from any civil liability for any decision or action taken in good faith and without malicious intent in carrying out the provisions in this section.

andand(b) (b) The Division of Public and Behavioral Health of the Department of Health and Human Services.

and - *SB130_R2* – 49 – (III) Other political subdivisions;

- 80th Session (2019) – 51 – (3) Establishments where alcoholic beverages are sold;

(I) A practitioner licensed pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 639 or 640 of NRSNRS30A, [;] or who holds a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act;

(2) Commercial vehicles;

(e)(d) InWorkers’ additioncompensation toinsurance; any information provided pursuant to subparagraph (2) of paragraph (b) or NRS 690B.260, a policy of insurance for medical malpractice.

Asand used(e) inIn thisaddition paragraph,to “policyany ofinformation insuranceprovided forpursuant medicalto malpractice”subparagraph has(2) theof meaningparagraph ascribed(b) toor itNRS in690B.260, NRSa 679B.144.policy of insurance for medical malpractice.

2.As used in this paragraph, “policy of insurance for medical malpractice” has the meaning asc2.

and - *SB130_R2*80th Session (2019) – 5052 – (2) Losses unpaid on incurred but not reported claims;

and (l)3. Any other information requested by the Commissioner.

3.

A physician, dentist, nurse, dispensing optician, optometrist, physical therapist, podiatric physician, psychologist, chiropractor, doctor of Oriental medicine in any form, director or technician of a medical laboratory, pharmacist , person who holds a license to engage in radiation therapy and radiologic imaging or a limited license to engage in radiologic imaging pursuant to sections 22 to 51, inclusive, of this act or other provider of health services who is authorized to engage in his or her occupation by the laws of this sta2.state or another state;

orAnand attorney2. admitted to practice law in this state or any other state.

Sec.An attorney admitted to practice law in this state or any other state.

70.686B.030 NRS 1.

NRS 686B.030 is hereby amended to read as follows:

686B.030 1.

(g) Casualty insurance for business and commercial risks other than insurance covering the liability of a practitioner licensed - 80th Session (2019) – 53 – pursuant to chapters 630 to 640, inclusive, of NRS [;] or who holds - *SB130_R2* – 51 – a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act;

The exclusions set forth in paragraphs (f) and (g) of subsection 1 extend only to issues related to the determination or approvalappSec. of premium rates.

Sec.

A practitioner licensed pursuant to chapters 630 to 640, inclusive, of NRS or who holds a license or limited license issued pursuant to sections 22 to 51, inclusive, of this act who does not have insurance covering liability for a breach of his or her issuedprofessional theduty practitioner’stoward licensea withinpatient 45shall daysreport ofto eachthe settlementboard orwhich awardissued madethe orpractitioner’s judgmentlicense renderedwithin by45 reasondays of aeach claim,settlement ifor the settlement, award or judgment is for more than $5,000, giving the practitioner’s name, the name of the claimant and the circumstances of the case.

- 80th Session (2019) – 54 – (a) Offer to issue to the practitioner an extended reporting endorsement without a time limitation for reporting a claim.

- *SB130_R2* – 52 – (b) Disclose to the practitioner the premium for the extended reporting endorsement and the cost formula that the insurer uses to determine the premium for the extended reporting endorsement.

(c) Disclose to the practitioner the portion of the premium attributable to funding the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death, disability or retirement, if such a benefit is off(d) Disclose to the practitioner the vesting requirements for the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death or retirement, if such a benefit is offered.

(d) Disclose to the practitioner the vesting requirements for the extended reporting endorsement offered at no additional cost to the practitioner in the event of the practitioner’s death or retirement, if such a benefit is offered.

part2. of the offer and acceptance at the inception of the policy and again at each renewal in the form of an endorsement attached to the ins3.

The requirementsdisclosures setrequired forthby insubsection this1 sectionmust arebe made as part of the offer and acceptance at the inception of the policy and again at each renewal in additionthe form of an endorsement attached to the requirementsinsurance setcontract forthand inapproved NRSby 690B.290.the Commissioner.

the requirements set forth in NRS 690B.290.ction are in addition to Sec.

- 80th Session (2019) – 55 – 4.

- *SB130_R2* – 53 – 5.

A veterinarian or veterinary technician licensed pursuant to chapter 638 of NRS or any other person performing tasks under the supervision of a veterinarian or veterinary technician as authorized by regulation of the or Nevada State Board of Veterinary Medical Examiners.

Except as otherwise provided in sections 42 [and] , 43 and 62 of this act, a person shall not engage in:

date3. on which the license was issued and must be renewed onthe or before that date.

limitedA license unless the applicant for issuance or renewal of the license or limited license attestsexpires to2 knowledgeyears ofafter and compliance with the guidelinesdate ofon which the Centerslicense forwas Diseaseissued Control and Preventionmust concerningbe therenewed preventionon ofor transmission4. of infectious agents through safe and appropriate injection practices.

The Division shall not issue or renew a license or limited license unless the applicant for issuance or renewal of the license or limited license attests to knowledge of and compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

- 80th Session (2019) – 56 – (b) On the date on which the application of the holder of the provisional license or provisional limited license for a license or limited license is denied by the Division;

- *SB130_R2* – 54 – 6.

A person who engages in radiation therapy or radiologic imaging in violation of the provisions of this sectionSec. is guilty of a misdemeanor.

Sec.

3.renewed by the Division if the applicant:ot be issued or (a) Fails to submit the statement required pursuant to subsection 1;

Aor license(b) orIndicates limitedon licensethe maystatement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not bein issuedcompliance with the order or re(a)a Failsplan toapproved submitby the statementdistrict requiredattorney or other public agency enforcing the order for the repayment of the amount owed pursuant to subsectionthe 1;order.

or subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other - 80th Session (2019) – 57 – public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

- *SB130_R2* – 55 – (a) Enter and inspect at any reasonable time any private or public property on which radiation therapy or radiologicradiologicate or imaging is conducted for the purpose of determining whether a violation of the provisions of this chapter or the regulations adopted pursuant thereto has occurred or is occurring.

Any report of an investigation or inspection conducted pursuant to paragraph (a) of subsection 1 and any information requested pursuant to paragraph (b) of subsection 1 shall not be disclosed or made available for public inspection, except as otherwise provided in NRS 239.0115 or as may be necessary to carry out the responsibilities of the Division.

section,Sec. the Governor shall appoint to the Radiation Therapy andhis Radiologic Imaging Advisory Committee created by section 33 of this act:

74.

As soon as practicable after the effective date of this section, the Governor shall appoint to the Radiation Therapy and Radiologic Imaging Advisory Committee created by section 33 of this act:

- 80th Session (2019) – 58 – 2.

Notwithstanding the requirements of sections 36 and 37 of this act, the Division of Public and Behavioral Health of the Department of Health and Human Services shall issue a license orperson, ato limitedany license,person aswho:pplicable, applicable, to the scope of practice of the person,(a) toIs anyperforming personradiation who:therapy or radiologic imaging as part of his or her employment on or before January 1, 2020;

- *SB130_R2* – 56 – (a) Is performing radiation therapy or radiologic imaging as part of his or her employment on or before January 1, 2020;

(b) “Limited license” has the meaning ascribed to it in section 27 of this act.

(c) “Radiation therapy” has the meaning ascribed to it in section 29 of this act.

Sections 2 to 20, inclusive, and 22 to 61, inclusive, and 64 to 72, inclusive, of this act become effective upon passage and approval for the purpose of adopting regulations and performing any other administrative tasks that are necessary to carry out thetheg any provisions of this act and on January 1, 2020, for all other purposes.

(a) Become effective on January 1, 2020, only if regulations adopted by the State Board of Podiatry pursuant to NRS 635.030 prescribing the conditions under which a podiatry hygienist or a person training to be a podiatry hygienist may engage in radiation therapy and radiologic imaging have not become effective before that date;

anddiologicand imaging have not become effective before (b) Expire by limitation on the date on which regulations adopted by the State Board of Podiatry pursuant to NRS 635.030 prescribing the conditions under which a podiatry hygienist or a - 80th Session (2019) – 59 – person training to be a podiatry hygienist may engage in radiation therapy and radiologic imaging become effective.

- *SB130_R2* – 57 – (a) Have failed to comply with a subpoena or warrant relating to a proceeding to determine the paternity of a child or to establish or enforce an obligation for the support of a child;

6.after the date on which the provisions of 42 U.S.C.

Sections§ 50666 andrequiring 73each ofstate thisto actestablish expireprocedures byunder limitationwhich 2the yearsstate afterhas theauthority dateto onwithhold whichor suspend, or to restrict the provisionsuse of 42professional, U.S.C.occupational and recreational licenses of persons who:

§ 666 requiring each state to establish procedures under which the state has professional, occupational and recreational licenses of persons who:

H~~~~~ 19 - *SB130_R2*80th Session (2019)