AB 346 — Revises provisions governing health care facilities and child care facilities. (BDR 40-846)

The intermediary service organization may - *AB346_R1* – 8 – require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository.

An intermediary service organization shall notify a temporary employment service if a - *AB346* – 8 – person employed by the temporary employment service is determined to be ineligible to provide services to the intermediary service organization based upon the results of an investigation conducted pursuant to this section.

Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449.4329, or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an intermediary service organization has been convicted of a crime [listed] described in subsection 1 of NRS 449.4332, unless the conviction has been set aside pursuant to subsection 2 of NRS 449.3332, the holder of the certificate to operate the intermediary service organization shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the intermediary service organization after allowing the person time to correct the information as required pursuant to subsection 2.

An intermediary service organization that has complied with NRS 449.4329 may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization - *AB346_R1* – 9 – allowed an employee, employee of a temporary employment service or independent contractor to work:

- *AB346* – 9 – (b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information;

(b)mayhem;Assault Assault with intent to kill or to commit sexual assault or mayhem;(c) Sexual assault, statutory sexual seduction, incest, lewdness punished as a felony;

(c)or Sexualany assault,other statutorysexually sexualrelated seduction,crime incest,that is (d) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;misdemeanor, if the conviction occurred within the immediately preceding 7 years;

(d) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, if the conviction occurred within the immediately preceding 7 years;

or - *AB346_R1* – 10 – [2.] (b) The holder of a certificate has continued to employ a person who has been convicted of such a crime .

The Division may prescribe by regulation a process by which a person who has been convicted of a crime described in subparagraph (8) or (9) of paragraph (a) of subsection 1 of - *AB346* – 10 – NRS 449.174 may request the Division to set aside the conviction when determining whether the person is eligible to:

(b) Has failed to comply with the standards and other regulations, if the Division determines that the facility is in the process of making the necessary changes or has agreed to effect the changescha(c) withinIs in the process of applying for a license, if the Division determines that the facility requires a reasonable time;time within which to comply with the standards and other regulations.

or (c) Is in the process of applying for a license, if the Division determines that the facility requires a reasonable time within which to comply with the standards and other regulations.

- *AB346_R1* – 11 – (a) Been convicted of a crime [listed] described in subsection 2 of NRS 432A.170 , unless the conviction has been set aside pursuant to subsection 7 of that section;

- *AB346* – 11 – Sec.

Subject to the provisions of subsection [7,] 8, the Division shall secure from appropriate law enforcement agencies information on the background and personal history of every applicant, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, independent contractor who has unsupervised contact with children at a child care facility, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, to determine whether the person has been convictedcon(a) of:Murder, voluntary manslaughter or mayhem;

(a) Murder, voluntary manslaughter or mayhem;

(j) Any offense relating to the possession or use of any controlled substance , other than marijuana, or any dangerous drug - *AB346_R1* – 12 – as defined in chapter 454 of NRS within the immediately preceding 5 years;

(l) Any offense relating to the distribution or manufacture of any controlled substance , other than marijuana, or any dangerous drug - *AB346* – 12 – as defined in chapter 454 of NRS, including, without limitation, possession of a controlled substance for the purpose of sale;

[(l)] (m) Any offense relating to the possession, use, distribution or manufacture of marijuana, including, without limitation, possession of marijuana for the purpose of sale, that is punishable as a felony;

(n) Abuse,If neglect,the exploitation,applicant isolation or abandonmentlicensee ofis olderan personsagency or vulnerablepolitical persons,subdivision including,of withoutthis limitation,State, a violation of any provisionoffense ofrelating NRS 200.5091 to 200.50995,the inclusive,distribution or amanufacture law of anymarijuana, otherincluding, jurisdictionwithout thatlimitation, prohibitspossession theof samemarijuana orfor similarthe conduct;purpose of sale;

[(m)] (o) AnyAbuse, offenseneglect, involvingexploitation, fraud,isolation theft,or embezzlement,abandonment burglary,of robbery,older fraudulentpersons conversionor vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or misappropriationa law of propertyany withinother jurisdiction that prohibits the immediatelysame precedingor 7similar years;conduct;

[(n)][(m)] (p) Any offense involving fraud, theft, embezzlement, property within the immediately preceding 7 years;ropriation of [(n)] (q) A crime that constitutes domestic violence pursuant to NRS[(o)] (r) A violation of NRS 33.018;484C.430;

[(o)]or (q)[(p)] (s) A violation of NRS 484C.430;484C.110 or 484C.120 within the immediately preceding 5 years.

or [(p)] (r) A violation of NRS 484C.110 or 484C.120 within the immediately preceding 5 years.

Subject to the provisions of subsection [7,] 8, the Division shall request information concerning every applicant, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, independent contractor who has unsupervised contact with children at a child care facility, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, from:

and - *AB346_R1* – 13 – (b) The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether there has been a substantiated report of child abuse or neglect made against any of them.

(a) Employee of an applicant, licensee or small child care establishment, independent contractor who has unsupervised contact with children at a child care facility, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to - *AB346* – 13 – NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older for an initial background check not later than 3 days after the employee is hired, the independent contractor begins serving as an independent contractor, the residency begins or the participant begins participating in the program and before the employee, independent contractor, resident or participant has direct contact with any child at the child care facility, and then at least once every 5 years thereafter.

(b) Applicant at the time that an application is submitted for licensure, and then at least once every 5 years after the license is issued.

(c) Operator of a small child care establishment before the operator begins operating the establishment, and then at least once every 5 years after the establishment begins operating.

The Division may prescribe by regulation a process by which a person who has been convicted of a crime described in subparagraphparagraph (l) or (m) of subsection 2 may request that the Division set aside the conviction when determining whether the person is eligible to hold a license, be employed by a licensee or small child care establishment, serve as an independent contractor who has unsupervised contact with children at a child care facility, reside in a child care facility or small child care establishment or participate in an outdoor youth program.

The provisions of subsections 2, 3 and 5 apply to a small child care establishment and an operator of a small child care - *AB346_R1* – 14 – establishment if the operator of such an establishment has applied or registered with the Division of Welfare and Supportive Services of the Department pursuant to NRS 432A.1756.

(a) Every applicant for a license to operate a child care facility, licensee, operator of a small child care establishment, employee of an applicant, licensee or small child care establishment, independent contractor who has unsupervised contact with children at a child care facility, resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, shall submit to the Division, or to the person or agency designated by the Division, to enable the Division to conduct an investigation pursuant to NRS 432A.170, a:

(1) Complete set of fingerprints and a written authorization for the Division or its designee to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its - *AB346* – 14 – report and for submission to the Federal Bureau of Investigation for its report;

(2) Written statement detailing any prior criminal convictions;convic(3) Written authorization for the Division to obtain any information that may be available from the Statewide Central Neglect of a Child established pursuant to NRS 432.100.he Abuse or (b) If an employee of an applicant for a license to operate a child care facility, licensee or small child care establishment, an independent contractor who has unsupervised contact with children at a child care facility, a resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, has been convicted of any crime [listed] described in subsection 2 of NRS 432A.170 , unless the conviction has been set aside pursuant to subsection 7 of NRS 432A.170, or has had a substantiated report of child abuse or neglect filed against him or her, the Division shall immediately notify the applicant, licensee or small child care establishment who shall then comply with the provisions of NRS 432A.1755.

and(c) (3)An Writtenapplicant authorization for thea Divisionlicense to obtainoperate anya informationchild thatcare mayfacility, belicensee availableor fromoperator of a small child care establishment shall notify the StatewideDivision Centralas Registrysoon foras practicable but not later than 24 hours after - *AB346_R1* – 15 – hiring an employee, beginning the Collectionresidency of Informationa Concerningresident thewho Abuseis or18 Neglectyears of age or older, other than a Childresident establishedwho remains under the jurisdiction of a court pursuant to NRS 432.100.432B.594, or beginning the participation of a participant in an outdoor youth program who is 18 years of age or older.

(b)An If an employee of an applicant for a license to operate a child care facility, licensee or small child care establishment, a resident of a child care facility or smalllicensee childshall carenotify establishmentthe whoDivision isas 18soon yearsas ofpracticable agebut ornot older,later other than a24 residenthours whoafter remainsretaining under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoorindependent youthcontractor program who is 18 years of age or older, has beenunsupervised convictedcontact of any crime [listed] described in subsection 2 of NRS 432A.170 , unless the conviction has been set aside pursuant to subsection 7 of NRS 432A.170, or has had a substantiated report of child abuse or neglect filed against him or her, the Division shall immediately notify the applicant, licensee or small child care establishment who shall then comply with thechildren. provisions of NRS 432A.1755.

(c)(d) An employee of an applicant for a license to operate a child care facility, licensee or operator of a small child care establishment shallor notifyan theindependent Divisioncontractor asof soon as practicable but not later than 24 hours after hiring an employee,applicant beginningfor the residency of a residentlicense whoto isoperate 18a yearschild ofcare agefacility or older,licensee othershall thannotify a resident who remains under the jurisdictionapplicant, oflicensee a court pursuant to NRS 432B.594, or beginningoperator the, participationas ofapplicable, anot participantlater inthan an24 outdoorhours youthafter: program who is 18 years of age or older.

(d) An employee of an applicant for a license to operate a child care facility, licensee or operator of a small child care establishment shall notify the applicant, licensee or operator not later than 24 hours after:

(e) A resident of a child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older shall notify the licensee of the child care - *AB346* – 15 – facility, operator of the small child care establishment or outdoor youth program,(1) asBeing applicable,charged notwith lateror thanconvicted 24of hoursa after:crime [listed] described in paragraph (b);

(1) Being charged with or convicted of a crime [listed] described in paragraph (b);

(1) The applicant, licensee or operator, an employee of the applicant, licensee or small child care establishment, an independent contractor who has unsupervised contact with children at a child care facility, a resident of the child care facility or small child care establishment who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older, or a facility, establishment - *AB346_R1* – 16 – or program operated by the applicant, licensee or operator is the subject of a lawsuit or any disciplinary proceeding;

or (2) The applicant, licensee or operator or an employee, an independent contractor, a resident or a participant has been charged with a crime [listed] described in subsection 2 of NRS 432A.170 or is being investigated for child abuse or neglect.

(a) Except as otherwise provided in this paragraph and paragraph (c), upon receiving information pursuant to NRS 432A.175 from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 or from an employee of anor applicant for a licensesmall to operate a child care facility,establishment, aan licenseeindependent orcontractor awhoensee smallhas childunsupervised carecontact establishment,with achildren residentat of a child care facilityfacility, ora small child care establishment who is 18 years of age or older, other than a resident who remainsremainst under the jurisdiction of a court - *AB346* – 16 – pursuant to NRS 432B.594, or participant in an outdoor youth program who is 18 years of age or older or from any other source that such an employee, independent contractor, resident or participant has been convicted of a crime [listed] described in subsection 2 of NRS 432A.170 , unless the conviction has been set aside pursuant to subsection 7 of NRS 432A.170, or has had a substantiated report of child abuse or neglect made against him or her, the applicant, licensee or operator of the small child care establishment shall terminate the employment of the employee or the service of the independent contractor or remove the resident from the facility or establishment or participant from the outdoor youth program after allowing the employee, independent contractor, resident or participant time to correct the information as required pursuant to paragraph (b).

(b) If an employee, independent contractor, resident or participant believes that the information provided to the applicant, licensee or operator pursuant to paragraph (a) is incorrect, the - *AB346_R1* – 17 – employee, independent contractor, resident or participant must inform the applicant, licensee or operator immediately.

The applicant, licensee or operator shall give any such employee, independent contractor, resident or participant 30 days to correct the information.

(c) The Division may establish by regulation a process by which it may review evidence upon request to determine whether an employee of an applicant for a license to operate a child care facility, a licensee or operator of a small child care establishment, an independent contractor who has unsupervised contact with children at a child care facility, a resident of a child care facility who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, or a participant in an outdoor youth program who is 18 years of age or older has been convicted of a crime [listed] described in subsection 2 of NRS 432A.170 or has had a substantiated report of child abuse or neglect made against him or her may remain employed or continue to reside in the facility or establishment, as applicable, despite the conviction.

(d) If a process for review is established pursuant to paragraph (c), an employee, independent contractor, resident or participant, as applicable, may request such a review in the manner established by the Division.

Any determination made by the Division is final forfory purposes of judicial review.

(e)contractor, During any period in which an employee, resident or participant seeks to correct information pursuant to paragraph (b) or requests a review of information pursuant to paragraph (d), it is within the discretion of the applicant, licensee or operator whether to allow the employee, independent contractor, resident or participant to continue to work for or reside at the child care facility or small child care establishment or participate in the outdoor youth program, as - *AB346* – 17 – applicable, except that the employee, resident or participant shall not have contact with a child without supervision during such a period.

- *AB346_R1* – 18 – Sec.

10.3.

NRS 432A.176 is hereby amended to read as fol432A.176 1.

[A] Except as otherwise provided in this section, a licensee of a child care facility shall ensure that an independent contractor retained by the child care facility during any period in which the independent contractor is performing any services at the child care facility when a child is present.

2.

The employee of the child care facility who is required to be in the presence of the independent contractor pursuant to subsection 1:

(a) Must be qualified to supervise the children at the child care facility;

and (b) Shall, during the period for which the independent contractor is performing the services at the child care facility, supervise and ensure the safety of each child at the child care facility.

3.

The provisions of this section do not apply to an independent contractor who complies with the requirements of NRS 432A.175 and 432A.1776 and receives any additional training required by regulation of the Board.

- *AB346_R1* – 19 – Sec.

10.6.

NRS 432A.1776 is hereby amended to read as follows:

432A.1776 Each person who is employed in a child care facility and each independent contractor who has unsupervised contact with children at a child care facility shall complete at least 2 hours of training in the recognition and reporting of the abuse or neglect of a child, as defined in NRS 432B.020:

1.

Within 90 days after commencing his or her employment or service as an independent contractor in a child care facility;

and 2.

At least once every 5 years thereafter.

Sec.

- *AB346* – 18 – (c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the child care facility for which a license is issued.

(d) Conduct or practice detrimental to the health or safety of the occupants or employees of the child care facility, or the clients ofofe the outdoor youth program.

(e) Conviction of any crime [listed] described in subsection 2 of NRS 432A.170 committed by the applicant or licensee or ananection 2 of employee of the applicant or licensee, or by a resident of the child care facility or participant in the outdoor youth program who is 18 years of age or older [.] , except for a conviction that has been set aside pursuant to subsection 7 of NRS 432A.170.

(i) Violation by the applicant or licensee of the provisions of NRS 432A.1755 by continuing to employ a person, allowing a resident who is 18 years of age or older, other than a resident who remains under the jurisdiction of a court pursuant to NRS 432B.594, to continue to reside in the child care facility or allowing a participant in an outdoor youth program to continue to participate in - *AB346_R1* – 20 – the program if the employee, or the resident or participant who is 18 years of age or older, has [been] :

The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the - *AB346* – 19 – license to operate a child care facility pursuant to subsection 2.

(a) A summary of a complaint against the facility if the investigation of the complaint by the Division either substantiates the complaint or is inconclusive;

the Division either substantiates (b) A report of any investigation conducted with respect to the complaint;com(c) A report of any disciplinary action taken against the facility.

and (c) A report of any disciplinary action taken against the facility.

[Upon] Except as otherwise provided in this subsection, upon receiving the results of the background and personal history check performed pursuant to subsection 1 of NRS 432A.710, the results of the child abuse and neglect screening pursuant to subsection 2 of NRS 432A.710 or evidence from any other source that a staff member of a person who operates a program that primarily functions as a seasonal or temporary recreation program has been convicted of a crime [listed] described in - *AB346_R1* – 21 – subsection 2 of NRS 432A.170 , unless the conviction has been set aside pursuant to subsection 4 or has had a substantiated report of child abuse or neglect made against him or her, the person shall terminate the employment of the staff member after allowing the staff member time to correct the information as required pursuant to subsection 2.

- *AB346* – 20 – 4.

The Division may prescribe by regulation a process by which a person who has been convicted of a crime described in paragraph (l) or (m) of subsection 2 of NRS 432A.170 may request the Division to set aside the conviction when determining whether the person is eligible to serve as a staff member of a program that program.yprimarily functions as a seasonal or temporary recreation Sec.program.

Sec.

H - *AB346**AB346_R1*