SB 217 — Revises provisions related to applied behavior analysis. (BDR 54-533)

A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to a regulatory body is confidential and is not a public record for the purposes of chapter 239 of NRS.

If any provision of this title or chapter 437 of NRS requires a regulatory body to disclose information to the public in any proceeding or as part of any record, such a provision does not apply:app(a) To any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

(a) To any personal medical information or records of a patient that are confidential or otherwise protected from disclosure by any other provision of federal or state law.

Except as otherwise provided in this section, a regulatory body may not enter into a consent or settlement agreement with a person who has allegedly committed a violation of - *SB217_R1* – 5 – any provision of this title or chapter 437 of NRS which the - 81st Session (2021) – 5 – regulatory body has the authority to enforce, any regulation adopted pursuant thereto or any order of the regulatory body, unless the regulatory body discusses and approves the terms of the agreement in a public meeting.

2.enter into a consent or settlement agreement without complying with the provisions of subsection 1 if:

A regulatory body that consists of one natural person may enter into a consent or settlement agreement without complying with the provisions of subsection 1 if:

The provisions of this section do not apply to a consent or settlement agreement between a regulatory body and a licensee that provides for the licensee to enter a diversionary program for the treatmenttreSec. of an alcohol or other substance use disorder.

Sec.6.of NRS 622.350 is hereby amended to read as follows:

6.

NRS 622.350 is hereby amended to read as follows:

If a regulatory body initiates disciplinary proceedings against a licensee pursuant to this title [,] or chapter 437- 81st Session (2021) – 6 – of NRS, the regulatory body may require the licensee to submit - *SB217_R1* – 6 – to the regulatory body a complete set of his or her fingerprints and written permission authorizing the regulatory body to forward the fingerprints to the Central Repository for Nevada Records of CriminalInvestigation History for submissionits report.on to the Federal Bureau of Investigation2. for its report.

2.

Except as otherwise provided in this section, a regulatory body may recover from a person reasonable attorney’s fees and costs that are incurred by the regulatory body as part of its investigative, administrative and disciplinary proceedings against the person if the regulatory body:

A regulatory body may not recover any attorney’s fees and costs pursuant to subsection 1 from a person who was subject to an - 81st Session (2021) – 7 – investigative, administrative or disciplinary proceeding of the regulatory body unless the regulatory body submits an itemized statement of the fees and costs to the person.

- *SB217_R1* – 7 – 3.

(a) Costs of an investigation.

The action relates to the imposition or recovery of an administrative or civil remedy or penalty, the enforcement of any subpoena issued by the regulatory body or the enforcement of any provision of this title or chapter 437 of NRS which the regulatory body has the authority to enforce, any regulation adopted pursuant theretothe2. or any order of the regulatory body;

and 2.

(a)- The81st correspondingSession regulatory(2021) authority– is8 authorized– by law to enter into such an agreement with the regulatory body;

andandy law (b) The applicable provisions of law governing the practice of the respective profession in the state or territory on whose behalf the corresponding regulatory authority would execute the reciprocal - *SB217_R1* – 8 – agreement are substantially similar to the corresponding provisions of law in this State.

(c) Has not had his or her license suspended or revoked in any sta(d) Has 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 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.

the Legislative Committee on Health Care in Sec.

and (c)- The81st AgingSession and(2021) Disability– Services9 Division– of the Department of Health and Human Services acting pursuant to] or chapter 437 of NRS.

- *SB217_R1* – 9 – Sec.

(e) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medicalmed(f) technicianA ordispensing paramedicoptician;ic pursuant to chapter 450B of NRS;

(f) A dispensing optician;

(u) A doctor of Oriental medicine in any form;

(aa)- An81st alcoholSession and(2021) drug– counselor10 or– a clinical alcohol and drug counselor who is licensed pursuant to chapter 641C of NRS;

- *SB217_R1* – 10 – (a) A person who holds a license or certificate issued pursuant to chapter 631 of NRS;

The State Board of Health and each board created pursuant to chapter 437, 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 640, 640A, 640B, 640C, 641, 641A, 641B or 641C of NRS shall post on its website on the Internet, if any, a statement which discloses that:

The State Board of Health shall adopt regulations prescribing the contents of the statements required pursuant to this section.secSec.

Sec.

(a) A custodian of health care records having custody of any health care records of a provider of health care pursuant to this chapter shall not prevent the provider of health care from physically inspecting the health care records or receiving copies of those - 81st Session (2021) – 11 – records upon request by the provider of health care in the manner specified in NRS 629.061.

(b) If a custodian of health care records specified in paragraph (a) ceases to do business in this State, the custodian of health care records shall, within 10 days after ceasing to do business in this State, deliver the health care records created by the provider ofofs health care, or copies thereof, to the provider of health care.

A custodian of health care records who is not otherwise licensed pursuant to this title or chapter 437 of NRS and violates a provision of this section is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than - *SB217_R1* – 11 – 364 days, or by a fine of not more than $25,000 for each violation, or by both fine and imprisonment.

Sec.629.076 1.RS 629Except as otherwise provided in subsection 3:

15.

NRS 629.076 is hereby amended to read as follows:

629.076 1.

Except as otherwise provided in subsection 3:

Such communication must include, without limitation, a written patient disclosure statement that is conspicuously displayed in the office of the- health81st careSession professional(2021) and– which12 clearly– identifies the type of license or certificate held by the health care professional.

TheThepe of statement must be in a font size sufficient to make the information reasonably visible.

(d) A physician or osteopathic physician shall not hold himself or herself out to the public as board certified in a specialty or subspecialty, and an advertisement for health care services must not include a statement that a physician or osteopathic physician is board certified in a specialty or subspecialty, unless the physician or - *SB217_R1* – 12 – osteopathic physician discloses the full and correct name of the board by which he or she is certified, and the board:

or (2)(2)(I) RequiresSuccessful forcompletion certificationof in a specialtypostgraduate ortrainingcialty: subspecialty:

(I) Successful completion of a postgraduate training program which is approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association and which provides complete training in the specialty or subspecialty;

A health care professional who practices in more than one office shall comply with the requirements set forth in this section in each office in which he or she practices.

set forth in this section in 3.

(b) A person who works in or is licensed to operate, conduct, issue a report from or maintain a medical laboratory under chapter 652 of NRS, unless the person provides services directly to a patient or the public.

- 81st Session (2021) – 13 – 4.

5.

As used in this section:

- *SB217_R1* – 13 – (b) “Deceptive or misleading information” means any information that falsely describes or misrepresents the profession, skills, training, expertise, education, board certification or licensure of a health care professional.

(f)NRS “Osteopathic633.091.opathic physician” has the meaning ascribed to it in (g) “Physician” has the meaning ascribed to it in NRS 633.091.630.014.

(g) “Physician” has the meaning ascribed to it in NRS 630.014.

If a health care licensing board determines that a complaint received by the health care licensing board concerns a public health emergency- or81st otherSession health(2021) event– that14 is– an immediate threat to the health and safety of the public in a health care facility or the office of a provider of health care, the health care licensing board shall immediately notify the appropriate health authority for the purposes of NRS 439.970.

and - *SB217_R1* – 14 – (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another health carecar5. licensing board.

5.

(1) A board created pursuant to chapter 437, 630, 630A, 631, 632,640C, 633,640D, 634,640E, 634A,641, 635,641A, 636,641B 637,or 637B,641C 639,of 640,NRS.0, 640A, 640B, 640C,(2) 640D,The 640E,Division 641,of 641A,Public 641Band orBehavioral 641CHealth of NRS.the Department of Health and Human Services.

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

2.- 81st Session (2021) – 15 – association shall provide nominees who represent the geographicl diversity of this State.

To the extent practicable, such an applicable professional association shall provide nominees who represent the geographic diversity of this State.

(a) Performs surgery or any other procedure which punctures the skinski(b) Sets a fracture of any bone of any person;

- *SB217_R1* – 15 – (b) Sets a fracture of any bone of any person;

(j) Engages in the practice of medicine in violation of chapter 630 or 633 of NRS, the practice of homeopathic medicine in chapter violation of chapter 630A of NRS or the practice of podiatry in violation of chapter 635 of NRS, unless otherwise expressly authorized by this section;

[or] (l) Provides mental health services that are exclusive to the scope of practice of a psychiatrist licensed pursuant to chapter 630 or- 63381st ofSession NRS,(2021) or– a16 psychologist– licensed pursuant to chapter 641 of NRS [.] ;

orS, or a psychologist licensed pursuant to chapter 641 of (m) Engages in the practice of applied behavior analysis in violation of chapter 437 of NRS.

It is recommended that before beginning any wellness plan, you notify your primary care physician or other licensed - *SB217_R1* – 16 – providers of health care of your intention to use wellness services, the nature of the wellness services to be provided and any wellness plan that may be utilized.

 A person who provides wellness services shall obtain from each client a signed copy of the statement required by this subsection, provide the client with a copy of the signed statement at the time of service and retain a copy of the signed statement for a period of not less than 5 years.

a copy of the signed statement for a period of not 3.

or (d)- Do81st notSession read(2021) or– speak17 – the statement is written.ak English or any other language in which the4. statement is written.

4.

(b) Any health care practice if the practice is exempt from the professional practice lawsfrom ofbeing thisperformed.this State, or prevent such a health care (c) A person who provides health care services if the person is exempt from the professional practice laws of this State, or prevent the person from beingperforming performed.such a health care service.

(c)(d) A personmedical whoassistant, providesas healththat careterm servicesis ifdefined thein personNRS is630.0129 exemptand from633.075, thean professionaladvanced practicepractitioner laws of thishomeopathy, State,as orthat preventterm theis persondefined fromin performingNRS such630A.015, or a healthhomeopathic careassistant, service.as that term is defined in NRS 630A.035.

- *SB217_R1* – 17 – (d) A medical assistant, as that term is defined in NRS 630.0129 and 633.075, an advanced practitioner of homeopathy, as that term is defined in NRS 630A.015, or a homeopathic assistant, as that term is defined in NRS 630A.035.

(d)(e) DetoxificationEnergetic practiceshealing.ctices and therapies.

(e) Energetic healing.

- 81st Session (2021) – 18 – (m) Noninvasive instrumentalities.

637B.080 The provisions of this chapter do not apply to any personper1.n who:wHolds a current credential issued by the Department of Education pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto and engages in the practice of audiology or speech-language pathology within the scope of that credential;

1.

Holds a current credential issued by the Department of Education pursuant to chapter 391 of NRS and any regulations adopted pursuant thereto and engages in the practice of audiology or speech-language pathology within the scope of that credential;

Holding a current license or certificate issued pursuant to chapter 391, 437, 630 to 637B, inclusive, 640 or 640B to 641B, - *SB217_R1* – 18 – inclusive, of NRS, who practices within the scope of that license or certificate.

3.which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.

Enrolled in an educational program approved by the Board which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.

3.- 81st Session (2021) – 19 – to NRS 640B.335 and is practicing athletic training within the scope of the exemption.

A person who is temporarily exempt from licensure pursuant to NRS 640B.335 and is practicing athletic training within the scope of the exemption.

and (b) A complaint which concerns a person who or entity which is licensed, certified or otherwise regulated solely by another licensing board.boa4.

4.

- *SB217_R1* – 19 – (a) A board created pursuant to chapter 437, 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;

Sec.654.185 1.RS 65If 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 other licensing board within 5 days after making the determination.

23.

NRS 654.185 is hereby amended to read as follows:

654.185 1.

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 other licensing board within 5 days after making the determination.

(a)- A81st complaintSession which(2021) concerns– a20 person– who or entity which is licensed, certified or otherwise regulated by the Board or by another licensing board;

(a) A board created pursuant to chapter 437, 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;

andand0D, 640E, 641, 641A, 641B, 641C, 643, 644A or 654 of (b) The Division of Public and Behavioral Health of the Department of Health and Human Services.

Except as otherwise provided in NRS 41.505, any person in this State who renders emergency care or assistance in an emergency, gratuitously and in good faith, except for a person who is performing community service as a result of disciplinary action pursuant to any provision in title 54 or chapter 437 of NRS, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care or assistance or as a result of any act or failure to - *SB217_R1* – 20 – act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured person.

Any person in this State who acts as a driver of an ambulance or attendant on an ambulance operated by a volunteer service or as a volunteer driver or attendant on an ambulanceambulancer operated by a political subdivision of this State, or owned by the Federal Government and operated by a contractor of the Federal Government, and who in good faith renders emergency care or assistance to any injured or ill person, whether at the scene of an emergency or while transporting an injured or ill person to or from any clinic, doctor’s office or other medical facility, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering the emergency care - 81st Session (2021) – 21 – or assistance, or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.

Any person who is an appointed member of a volunteer service operating an ambulance or an appointed volunteer serving on an ambulance operated by a political subdivision of this State, other than a driver or attendant of an ambulance, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person whenever the person is performing his or her duties in good faith.

Any person who is employed by or serves as a volunteer for a public fire-fighting agency and who is authorized pursuant to chapter 450B of NRS to render emergency medical care at the scene of an emergency is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care or as a result of any act or failure to act, not amounting to gross negligence, to provide or arrange for further medical treatment for the injured or ill person.person.ange for further 6.

6.

- *SB217_R1* – 21 – (a) Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;

or (c) Is directed by the instructions of a dispatcher for an ambulance, air ambulance or other agency that provides emergency medical services before its arrival at the scene of the emergency,  and who in good faith renders cardiopulmonary resuscitation in accordance with the person’s training or the direction, other than in the course of the person’s regular employment or profession, is not liable- for81st anySession civil(2021) damages– as22 a– result of any act or omission, not amounting to gross negligence, by that person in rendering that care.

A business or organization that has placed an automated external defibrillator for use on its premises is not liable for any civil damages as a result of any act or omission, not amounting totony gross negligence, by the person rendering such care or for providing the automated external defibrillator to the person for the purpose of rendering such care if the business or organization:

- *SB217_R1* – 22 – 10.

As used in this section, “gratuitously” means that the person receiving care or assistance is not required or expected to pay anyassistance.ation compensation or other remuneration for receiving the care or assistance.Sec.

Sec.

- 81st Session (2021) – 23 – 2.

(a) Listing the persons in the limited-liability company or foreign limited-liability company who must qualify for the license or indicating that the agency, board or commission will use otherothere means to determine whether the limited-liability company or foreign limited-liability company qualifies for a license;

An agency, board or commission that adopts regulations pursuant to subsection 2 shall not impose a restriction or requirement on a limited-liability company or foreign limited-limited-liability liability company which is significantly different from or more burdensome than the restrictions or requirements imposed on a partnership or corporation.

200.495service, 1.care or supervision as is reasonable and necessary toe such maintain the health or safety of a patient is guilty of criminal neglect of a patient if:

A professional caretaker who fails to provide such service, care or supervision as is reasonable and necessary to maintain the health or safety of a patient is guilty of criminal neglect of a patient if:

(b) The act or omission is such a departure from what would be the conduct of an ordinarily prudent, careful person under the same - *SB217_R1* – 23 – circumstances that it is contrary to a proper regard for danger to human life or constitutes indifference to the resulting consequences;

2.- 81st Session (2021) – 24 – or omission which brings about the neglect, a person who commitse act criminal neglect of a patient:

Unless a more severe penalty is prescribed by law for the act or omission which brings about the neglect, a person who commits criminal neglect of a patient:

(a) According to the patient’s desire, the patient is being furnished with treatment by spiritual means through prayer alone in accordance with the tenets and practices of a church or religiousreligiousin denomination.

(a) “Medical facility” has the meaning ascribed to it in NRSNRS(b) 449.0151.“Patient” means a person who resides or receives health care in a medical facility.

(b) “Patient” means a person who resides or receives health care in a medical facility.

- *SB217_R1* – 24 – (1) Holds a license, registration or permit issued pursuant to title 54 or chapter 437 or 449 of NRS;

- The81st termSession does(2021) not– include25 a– person who is not involved in the day-to-day operation or management of a medical facility unless that person has actual knowledge of the criminal neglect of a patient and takes no action to cure such neglect.

or (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services;

and Division of the Department of Health 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 or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of theInvestigation Departmentand Prosecution of HealthCrimes.ces and Human Services and the Unit for the Investigation4. and Prosecution of Crimes.

4.

(a) Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant - *SB217_R1* – 25 – to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor,- music81st therapist,Session athletic(2021) trainer,– driver26 of– an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS , behavior analyst, assistant behavior analyst, registered behavior technician or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

(e)provide Everynursing personin whothe maintainshome.tains or is employed by an agency to (f) Every person who operates, who is employed by or who contracts to provide nursingservices for an intermediary service organization as defined in theNRS home.449.4304.

(f)(g) EveryAny personemployee whoof operates,the whoDepartment isof employedHealth byand orHuman whoServices, contractsexcept the State Long-Term Care Ombudsman appointed pursuant to provideNRS services427A.125 forand anany intermediaryof servicehis organizationor asher definedadvocates inor NRSvolunteers 449.4304.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.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.

- *SB217_R1* – 26 – (m) Every person who operates or is employed by a peer support recovery organization, as defined in NRS 449.01563.

- 81st Session (2021) – 27 – (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.

5.

A report may be made by any other person.

(b) Repository for Information Concerning Crimes Against Olderander Persons or Vulnerable Persons created by NRS 179A.450;

and (c) Unit for the Investigation and Prosecution of Crimes.

As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons - *SB217_R1*81st –Session 27(2021) – in28 the– OfficeNRS 228.265.e of the Attorney General created pursuant to NRSSec. 228.265.

Sec.

Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:

(e)the subjects of the report must remain confidential;he identity of (f) A persongrand engagedjury inupon bonaits fidedetermination research,that butaccess theto identitysuch ofrecords theis subjectsnecessary ofin the reportconduct mustof remainits confidential;official business;

(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

(h) A legal guardian of the older person or vulnerable person, 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- the81st legalSession guardian(2021) of the older person or vulnerable person is - *SB217_R1* – 2829 – not the person suspected of such abuse, neglect, exploitation,exploitation,n is isolation or abandonment;

(2) 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;

If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made or available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

Except as otherwise provided in subsection 2, each board created by the provisions of NRS 590.485 and chapters 437,- 62381st toSession 625A,(2021) inclusive,– 30 – and 656 of NRS shall:lusive, 628, 630 to 644A, inclusive, 648, 654 and(a) 656If the revenue of the board from all sources is less than $200,000 for any fiscal year and, if the board is a regulatory body pursuant to NRS shall:622.060, the board has submitted to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year.

(a) If the revenue of the board from all sources is less than $200,000 for any fiscal year and, if the board is a regulatory body - *SB217_R1* – 29 – pursuant to NRS 622.060, the board has submitted to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, prepare a balance sheet for that fiscal year on the form provided by the Legislative Auditor and file the balance sheet with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year.

(b) If the revenue of the board from all sources is $200,000 or more for any fiscal year, or if the board is a regulatory body pursuant to NRS 622.060 and has failed to submit to the Director of the Legislative Counsel Bureau for each quarter of that fiscal year the information required by NRS 622.100, engage the services of a certified public accountant or public accountant, or firm of either of such accountants, to audit all its fiscal records for that fiscal year and file a report of the audit with the Legislative Auditor and the Chief of the Budget Division of the Office of Finance on or before December 1 following the end of that fiscal year.

The cost of each audit conducted pursuant to subsection 1 or 2conducted in accordance with generally accepted auditing standards,e and all financial statements must be paidprepared byin theaccordance boardwith thatgenerally isaccepted audited.principles of accounting for special revenue funds.

Each such audit must be conducted in accordance with generally accepted auditing standards, and all financial statements must be prepared in accordance with generally accepted principles of accounting for special revenue funds.

When the Legislative Commission - 81st Session (2021) – 31 – directs such an audit, the Legislative Commission shall also determine who is to pay the cost of the audit.

(a) Is responsible for preparing a balance sheet or having an audit conducted pursuant to this section or is responsible forforan preparing or maintaining the fiscal records that are necessary to - *SB217_R1* – 30 – prepare a balance sheet or have an audit conducted pursuant to this section;

(b) Any person who is employed by a board, commission, committee or council created in chapters 437, 445C, 590, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 652, 654 and 656 of NRS;

The provisions of this subsection- do81st notSession govern(2021) the– Legislative32 Commission– with respect to the personnel of the Legislative Counsel Bureau.

with respect 4.

- *SB217_R1* – 31 – 5.

The governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-self-f insurance must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the plan of self-insurance under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

A governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health insurance through a plan of self-insurance which provides coverage for outpatient care shall not:

or (b) Refuse to issue a plan of self-insurance or cancel a plan of self-insurance solely because the person applying for or covered by - 81st Session (2021) – 33 – the plan of self-insurance uses or may use in the future any of the services listed in subsection 1.

Except as otherwise provided in subsections 1 and 2, a governing body of any county, school district, municipal corporation, political subdivision, public corporation or other local governmental agency of the State of Nevada that provides health local insurance through a plan of self-insurance shall not limit the number of visits an insured may make to any person, entity or group for treatment of autism spectrum disorders.

Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or - *SB217_R1* – 32 – rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

A plan of self-insurance subject to the provisions of this chapter that is delivered, issued for delivery or renewed on or after July 1, 2011, has the legal effect of including the coverage required by subsection 1, and any provision of the plan of self-insurance or the renewal which is in conflict with subsection 1 or 2 is void.

or 7.

(b)- “Autism81st Session (2021) – 34 – NRS 427A.875.m spectrum disorder” has the meaning ascribed to it in NRS(c) 427A.875.“Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or registered behavior technician.

(c) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or registered behavior technician.

(e) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, - *SB217_R1* – 33 – including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable, the functioning of a person.

(f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

(h) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

- 81st Session (2021) – 35 – (l) “Screening for autism spectrum disorders” means all medically appropriate assessments, evaluations or tests to diagnose whether a person has an autism spectrum disorder.

(m) “Therapeutic care” means services provided by licensed or certifiedphysical speech-languagetherapists.guage pathologists, occupational therapists and physical(n) therapists.“Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

(n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

353.005 Except as otherwise provided in NRS 353.007, the provisions of this chapter do not apply to boards created by the provisions of NRS 590.485 and chapters 437, 623 to 625A, - *SB217_R1* – 34 – inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS and the officers and employees of those boards.

(c) Procedures for authorizations and recordkeeping which effectively control accounting of assets, liabilities, revenues and expenses;exp(d) A system of practices to be followed in the performance of the duties and functions of each agency;

(d) A system of practices to be followed in the performance of the duties and functions of each agency;

- 81st Session (2021) – 36 – (d) The Housing Division of the Department of Business and Industry.

353A.025reviewA.0the 1.agency’sheadsystemch ofencinternalpeaccounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

The head of each agency shall periodically review the agency’s system of internal accounting and administrative control to determine whether it is in compliance with the uniform system of internal accounting and administrative control for agencies adopted pursuant to subsection 1 of NRS 353A.020.

On or before July 1 of each even-numbered year, the head of each agency shall report to the Director whether the agency’s system of internal accounting and administrative control is in compliance with the uniform system adopted pursuant to subsection 1 of NRS 353A.020.

- *SB217_R1* – 35 – (a) A board created by the provisions of NRS 590.485 and chapters 437, 623 to 625A, inclusive, 628, 630 to 644A, inclusive, 648, 654 and 656 of NRS.

(a)the:a) Director of the Legislative Counsel Bureau for transmittal to the:(1) Senate Standing Committee on Finance;

(1) Senate Standing Committee on Finance;

The report submitted by the Director pursuant to subsection 4 must include, without limitation:

- 81st Session (2021) – 37 – Sec.

Develop long-term and annual work plans to be based on the resultsplan ofmust periodiclist documentedthe riskagencies assessments.to which the Division will providerk training and assistance and be submitted to the Director for approval.

The annual work plan must list the agencies to which the Division will provide training and assistance and be submitted to the Director for approval.

- *SB217_R1* – 36 – 4.

5.agencies in accordance with the plan approved pursuant to of the subsection 5 of NRS 353A.038 and prepare audit reports of his or her findings.

Perform the audits of the programs and activities of the agencies in accordance with the plan approved pursuant to subsection 5 of NRS 353A.038 and prepare audit reports of his or her findings.

Submit to each agency that is audited pursuant to subsection 5 analyses, appraisals and recommendations concerning:

- 81st Session (2021) – 38 – 9.

Consult with the Legislative Auditor concerning the plan for auditing and the scope of audits to avoid duplication of effort andpursuant undueto disruptionsubsection of5.he the functions of agencies that are audited pursuantSec. to subsection 5.

Sec.

A managed care organization, including a health maintenance organization, that provides health care services to recipients of Medicaid under the State Plan for Medicaid or the Children’s Health Insurance Program pursuant to a contract with the Division, which provides coverage for outpatient care shall not require a longer waiting period for coverage for outpatient care - *SB217_R1* – 37 – related to fetal alcohol spectrum disorders than is required for other outpatient care covered by the plan.

(a) Prescribed for a person diagnosed with a fetal alcohol spectrum disorder by a licensed physician or licensed psychologist;

(a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant- improvement81st inSession human(2021) behavior,– including,39 without– limitation, the use of direct observation, measurement andandout functional analysis of the relations between environment and behavior.

(e) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extentextente practicable, the functioning of a person.

- *SB217_R1* – 38 – (f) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.

(h) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

(j) “Medically necessary” means health care services or products that a prudent physician or psychologist would provide to a patient to- prevent,81st diagnoseSession or(2021) treat– an40 illness,– injury or disease, or any symptoms thereof, that are necessary and which are:

disease, or any (1) Provided in accordance with generally accepted standards of medical practice;

(l) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatristpsy(m) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

(m) “Psychological care” means direct or consultative services provided by a psychologist licensed in the state in which the psychologist practices.

- *SB217_R1* – 39 – (o) “Screening for and diagnosis of fetal alcohol spectrum disorders” means medically appropriate assessments, evaluations or tests to screen and diagnose whether a person has a fetal alcohol spectrum disorder.

(q) “Treatment plan” means a plan to treat a fetal alcohol spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensiveanalyst.nsive evaluation in coordination with a licensed behavior analyst.Sec.

Sec.

425.500 As used in NRS 425.500 to 425.560, inclusive, unless the context otherwise requires, “agency that issues a professional or occupational license, certificate or permit pursuant to title 54 of NRS” means any officer, agency, board or commission of this State which has the authority to regulate a profession or occupation pursuant to title 54 or chapter 437 of NRS and which is prohibited by specific statute from issuing or renewing a license, certificate or permit- unless81st theSession applicant(2021) for– the41 issuance– or renewal of that license, certificate or permit submits to the officer, agency, board or commission the statement prescribed by the Division pursuant to NRS 425.520.

 The notice must include the information set forth in subsections 2 and 4 and a copy of the subpoena or warrant or a statement of the amountamo2.t ofoIf the arrearage.person does not, within 30 days after the person receives the notice required by subsection 1:

2.

If the person does not, within 30 days after the person receives the notice required by subsection 1:

or (c) Submit to the district attorney or other public agency a written request for a hearing, - *SB217_R1* – 40 –  the district attorney or other public agency shall request in writing that the master suspend any professional or occupational license, certificate or permit issued pursuant to title 54 or chapter 437 of NRS to that person.

If the master receives from a district attorney or other public agency a request to suspend any professional or occupational license, certificate or permit issued pursuant to title 54 or chapter 437 of NRS to a person, the master shall enter a recommendation determining whether the person:

- 81st Session (2021) – 42 –  As soon as practicable after the master enters a recommendation, the district attorney or other public agency shall notify the person by first-class mail of the recommendation of the master.

If a person requests a hearing within the period prescribed in subsection 2 and meets with the enforcing authority as required in subsection 3, a hearing must be held pursuant to NRS 425.3832.

A court order issued pursuant to subsection 1 must provide that if the person named in the order does not, within 30 days after the date on which the order is issued, submit to any agency that has issued a professional or occupational license, certificate or permit - *SB217_R1* – 41 – pursuant to title 54 or chapter 437 of NRS to that person a letter from the district attorney or other public agency stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560, any professional or occupational license, certificate or permit issued pursuant to title 54 or chapter 437 of NRS to the person by that agency will be automatically suspended.

- 81st Session (2021) – 43 – (1) A copy of the court order;

Sec.425.560.

40.NRFor the purposes of NRS 425.520 to 425.560,ows:

NRSinclusive: 425.560 is hereby amended to read as follows:

425.560 For the purposes of NRS 425.520 to 425.560, inclusive:

or (2) Entering into and complying with a plan for the repayment of the arrearages which is approved by the district attorney or other public agency enforcing the order;

ororstrict - *SB217_R1* – 42 – (c) If the arrearage is for a failure to provide and maintain medical insurance, providing proof that the child is covered under a policy, contract or plan of medical insurance.

(e)- Prepare,81st publishSession and(2021) disseminate– educational44 materials– dealing with the welfare of older persons.persons.ucational materials (f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

(f) Gather statistics in the field of aging which other federal and state agencies are not collecting.

(a)persons Providewith accessdisabilities tothat informationare aboutavailable servicesin orthis programsState.rams for (b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities thatand arestate availableand inlocal thisgovernmental State.agencies in:

(b) Work with persons with disabilities, persons interested in matters relating to persons with disabilities and state and local governmental agencies in:

(c) Serve as a liaison between state governmental agencies that provide services or programs to persons with disabilities to facilitate - *SB217_R1* – 43 – communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

(d) Serve as a liaison between local governmental agencies in this State that provide services or programs to persons withwiths in disabilities to facilitate communication and the coordination of information and any other matters relating to services or programs for persons with disabilities.

(1) Provide technical assistance to local governmental agencies, including, without limitation, assistance in establishing an electronic- network81st thatSession connects(2021) the– Division45 to– each of the local governmental agencies that provides services or programs totoe local persons with disabilities;

(2) The programs established pursuant to NRS 427A.800, 427A.850 and 427A.860 to provide services to persons with traumatictraumat(3) brainThe injuries;program established pursuant to NRS 427A.610 to provide hearing aids to children who are hard of hearing;

(3) The program established pursuant to NRS 427A.610 to provide hearing aids to children who are hard of hearing;

(f) Provide information to persons with disabilities on matters relating to the availability of housing for persons with disabilities -persons *SB217_R1*with –disabilities.nding 44for –new housing opportunities for (g) Before establishing policies or making decisions that will affect the lives of persons with disabilities, consult with persons with disabilities and identifymembers sourcesof the public in this State through the use of fundingsurveys, forfocus newgroups, housinghearings opportunitiesor forcouncils of persons with disabilities.disabilities to receive:

(g)(1) BeforeMeaningful establishinginput policiesfrom orpersons makingwith decisionsdisabilities thatregarding will affect the livesextent ofto personswhich withsuch disabilities, consult with persons withare disabilitiesreceiving andservices, membersincluding, of- the81st publicSession in(2021) this– State46 through– theplans, useand oftheir surveys,satisfaction focus groups, hearings or councils of persons with disabilitiesthose toservices; receive:

(1)anddual Meaningfulservice input(2) fromPublic personsinput with disabilities regarding the extentdevelopment, toimplementation whichand suchreview personsof areany receivingprograms services,or including, without limitation, services describedfor inpersons their individual service plans, and their satisfaction with thosedisabilities. services;

and (2) Public input regarding the development, implementation and review of any programs or services for persons with disabilities.

(4) Provides a summary and analysis of the status of the practice of interpreting and the practice of realtime captioning, including, without limitation, the number of persons engaged in the practice of interpreting in an educational setting in each professional classification established pursuant to NRS 656A.100 and the number of persons engaged in the practice of realtime captioning in an educational setting;

and (b) Assist the Board of Applied Behavior Analysis in the administrationprescribed ofin thethat provisionschapter.]ions of chapter 437 of NRS as prescribed in that chapter.] - *SB217_R1* – 45 – 5.

(a)- Except81st asSession otherwise(2021) provided– in47 subsection– 2, report the abuse or neglect of the child to an agency which provides child welfare services or to a law enforcement agency;

(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 use disorder or has withdrawal symptoms resulting from prenatal substance 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 appropriate counseling, training or other services.

A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

- *SB217_R1* – 46 – 4.

(b)- Any81st personnelSession of(2021) a– medical48 facility– licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

(g) Any person licensed pursuant to chapter 424 of NRS to conductcon(h) Any officer or employee of a fosterlaw home.enforcement agency or an adult or juvenile probation officer.

(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child 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 a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services - *SB217_R1* – 47 – and the appropriate medical examiner or coroner of the report.

- 81st Session (2021) – 49 – The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides child welfare services, the appropriate district attorney and a law enforcementobtainable, agency.the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

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

- *SB217_R1* – 48 – (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;

and - 81st Session (2021) – 50 – (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.

(a) “Private school” has the meaning ascribed to it in NRS(b) “Public school” has the meaning ascribed to it in NRS 394.103.385.007.

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

The purposes of such a contract maymay1.nclTo include,obtain withoutassistance limitation:in processing applications for the issuance or renewal of a license;

1.

To obtain assistance in processing applications for the issuance or renewal of a license;

437.005 “Assistant behavior analyst” means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or - *SB217_R1* – 49 – any successor in interest to that organization, and is licensed as an assistant behavior analyst pursuant to this chapter.

- 81st Session (2021) – 51 – Sec.

437.010 “Behavior analyst” means a person who holds current certification as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed as a behavior analyst pursuant to thisthishat chapter.

[and 2.] (b) The use of contextual factors, motivating operations, antecedent stimuli, positive reinforcement and other procedures to help a person develop new behaviors, increase or decrease existing behaviors and engage in certain behavior under specific environmental conditions [.][. ;

] ;

[] 2.

The term [includes the provision of behavioral therapy by a behavior analyst, assistant behavior analyst or registered behavior technician.] does not include diagnosis, psychological testing, psychotherapy, cognitive therapy, psychoanalysis or counseling.

- 81st Session (2021) – 52 – 1.

- *SB217_R1* – 50 – 2.

4.or marriage and family therapist intern pursuant to chapter 641A of NRS;

A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

[A person who provides applied behavior analysis] An employee of a school district or charter school when providing services to a pupil in a public school in a manner consistent with the [training and experience of the person,] duties of his or her with the position,  if such a person does not commit an act described in NRS 437.510 or represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician.

(c) Teaches applied behavior analysis or conducts research concerning applied behavior analysis but does not otherwise - 81st Session (2021) – 53 – separately provide applied behavior analysis services directly to natural persons;

- *SB217_R1* – 51 – (d) Provides academic services, including, without limitation, tutoring, instructional design, curriculum production, assessment research and design, or test preparation but does not otherwise separately provide applied behavior analysis services directly to natural persons;

The Board shall adopt regulations to ensure that licensed behavior analysts and assistant behavior analysts and registered behavior technicians limit their practice of applied behavior analysis to their4.eirA areaslicensed ofbehavior competence.analyst or assistant behavior analyst or registered behavior technician shall comply with any applicable requirements concerning ethics prescribed by the Behavior Analyst Certification Board, Inc., or its successor organization.

4.

A licensed behavior analyst or assistant behavior analyst or registered behavior technician shall comply with any applicable requirements concerning ethics prescribed by the Behavior Analyst Certification Board, Inc., or its successor organization.

This member must not be a behavior analyst or assistant behavior - 81st Session (2021) – 54 – analyst, an applicant or a former applicant for licensure as a behavior analyst or assistant behavior analyst, a member of a health profession, the spouse or the parent or child, by blood, marriage or adoption, of a behavior analyst or assistant behavior analyst, or a -behavior *SB217_R1*analyst.hold – 52 – member of a household that includes a behavior analyst or assistant behavior3. analyst.

3.

Examine and pass upon the qualifications of applicants for licensure and registration [.][. [(b)] ;

2.2.)] License and register qualified applicants [.

License(c)] and register qualified applicants [.] [(c)] ;

and (c)- Perform81st anySession duty(2021) delegated– by55 the– Board pursuant to subsection 2.] related to the duties of the Board under this chapter and take evidence on any matter under inquiry before the Board.

The Board shall prescribe, by regulation, fees for the[the issuance, renewal and reinstatement of a license or registration -and] *SB217_R1* – 53 – and any other[other] services provided by the [Division] Board pursuant to this chapter.chapter [.] and the following fees, which must not exceed:

Application for licensure as a behavior analyst or assistant behavior analyst ..........................................$100 Issuance of an initial license as a behavior analyst or assistant behavior analyst..........................................25 Biennial renewal or reinstatement of a license as a behavior analyst............................................................550 Biennial renewal or reinstatement of a license as an assistant behavioral analyst....................................425 Bieas a registered behavior technician .............................100 Placement of a license on inactive status .........................100 Biennial review of a license on inactive status.................100 Restoration to active status of a license as a behavior analyst on inactive status if the restoration occurs during the first year of the biennium in which the license was issued or renewed.........................................................................300 Restoration to active status of a license as a behavior analyst on inactive status if the restoration occurs during the second year of the biennium in which the license was issued or renewed ....................................................................100 Restoration to active status of a license as an assistant behavior analyst on inactive status if the biennium in which the license was issued of or renewed ....................................................................175 Restoration to active status of a license as an assistant behavior analyst on inactive status if the restoration occurs during the second year of the biennium in which the license was issued or renewed ......................................................................40 Reproduction and mailing of material for an application......................................................................25 - 81st Session (2021) – 56 – A change of name on a license or registration...................25............$35 A duplicate license or registration ......................................25 Copies of the provisions of NRS relating to the practice of applied behavior analysis and the rules and regulations adopted by the Board..................25 Letter of good standing........................................................15 Review and approval of a course or program of continuing education......................................................25 2.

2.[2.] 3.

Money received from the licensure of behavior analysts and assistant behavior analysts and registration of registered behavior technicians, civil penalties collected pursuant to this chapter and any appropriation, gift, grant or donation received by the Board [or the Division] for purposes relating to the duties of the Board [or the Division] under the provisions of this chapter must be deposited by the Secretary-Treasurer of the Board in [a separate account in the State General Fund.

Sec.

56.

NRS 437.145 is hereby amended to read as follows:

The [Division] Board shall make and keep:keep:llows:

[These] Except as otherwise provided in this section, the records [must be kept in an office of the Division and, except as otherwise provided in this section,] described in subsection 1 are subject- to81st publicSession inspection(2021) – 57 – reasonable notice.inspection during normal working hours upon reasonable3. notice.

3.

Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the [Division,] Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action against a person are confidential, unless the person submits a - *SB217_R1* – 54 – written statement to the [Division] Board requesting that such documents and information be made public records.

The charging documents filed with the [Division] Board to initiate disciplinary action pursuant to chapter 622A of NRS and all other documents and information considered by the [Division and the] Board when determining whether to impose discipline are publicpub6. records.

6.

(a) Make application to the [Division] Board upon a form and in abe manneraccompanied by the application fee prescribed by the [Division.]Board Board.must pursuant to NRS 437.140 and include all information required to complete the application.

The application must be accompanied by the application fee prescribed by the Board pursuant to NRS 437.140 and include all information required to complete the application.

(I)- A81st completeSession set(2021) of– fingerprints58 and– written permission authorizing the [Division] Board to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the [Division] Board deems necessary for a report on the applicant’s background;

or (II) Written verification, on a form prescribed by the [Division,] Board, stating that the set of fingerprints of the applicant was taken and directly forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History and that the applicant provided written permission authorizing the law enforcement agency or other authorized entity taking the - *SB217_R1* – 55 – fingerprints to submit the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for a report on the applicant’s background, and to such other law enforcement agencies as the [Division] Board deemsdee2. necessary for a report on the applicant’s background.

2.

the applicant’s background.

(a) Within 6 months immediately preceding the date on which the application was submitted, the Behavior Analyst Certification Board, Inc., or its successor organization, determined the applicant to be eligible for registration as a registered behavior technician;

- 81st Session (2021) – 59 – 4.] An application is not considered complete and received for purposes of evaluation pursuant to subsection 4 of NRS 437.205 until the [Division] Board receives [:

(a) A] a complete set of fingerprints or verification that the fingerprints have been forwarded electronically or by other means to the Central Repository for Nevada Records of Criminal History, andandto written authorization from the applicant pursuant to this section .

- *SB217_R1* – 56 – (a) Is of good moral character as determined by the Board.

3.technician must contain proof that the applicant is registered as a Registered Behavior Technician [, or an equivalent credential,] by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization [.] and will be supervised by a person authorized by subsection 2 of NRS 437.505 to provide such supervision.

Each application for registration as a registered behavior technician must contain proof that the applicant is registered as a Registered Behavior Technician [, or an equivalent credential,] by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization [.] and will be supervised by a person authorized by subsection 2 of NRS 437.505 to provide such supervision.

5.- 81st Session (2021) – 60 – applicant are insufficient for licensure or registration, the written statement issued to the applicant pursuant to subsection 4 must include a detailed explanation of the reasons for that determination.

If the Board determines that the qualifications of the applicant are insufficient for licensure or registration, the written statement issued to the applicant pursuant to subsection 4 must include a detailed explanation of the reasons for that determination.

-person *SB217_R1*who –is 57not –employed 3.by the Board [or the Division] the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:

The Board [and the Division] shall not disclose to any person who is not employed by the Board [or the Division] the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:

(a) An applicant for the issuance of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician shall include the social security number of the applicant in the application submitted to the [Division.] Board.

(b) An applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician shall submit to the [Aging and Disability Services Division] Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health- and81st HumanSession Services(2021) pursuant– to61 NRS– 425.520.statement must be completed and signed by the applicant.

The statement must be completed and signed by the applicant.

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.

4.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, the [Aging and Disability Services Division] Board 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.

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 - *SB217_R1* – 58 – approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the [Aging and Disability Services Division] Board 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.

(b) An] , an applicant for the issuance or renewal of a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician shall submit to the [Aging and Disability Services Division] Board the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520.

(a)- The81st applicationSession or(2021) any– other62 forms– that must be submitted for the issuance or renewal of the license or registration;

orored (b) A separate form prescribed by the [Division.] Board.

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.

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 public agency enforcing the order for the repayment of the amount owed pursuant to the order, the [Aging and Disability Services Division] Board 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.

- *SB217_R1* – 59 – Sec.

(a) Proof(1) satisfactorySatisfies to the Boardrequirements thatof thesubsection applicant:1;ant:

(1) Satisfies the requirements of subsection 1;

(b)- A81st completeSession set(2021) of– fingerprints63 and– written permission authorizing the [Division] Board to forward the fingerprints in the manner provided in NRS 437.200;

or (b) Ten days after the [Division] Board receives a report on the applicant’s background based on the submission of the applicant’sapplicant’she fingerprints,  whichever occurs later.

The Board may issue a license by endorsement as a behavior analyst to an applicant who meets the requirements set - *SB217_R1* – 60 – forth in this section.

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

submit to the [Division] Board with his or her (a) Proof satisfactory to the Board that the applicant:

and (3)- Has81st notSession been(2021) held– civilly64 or– criminally liable for malpractice in the District of Columbia or any state or territory of the United States;

Unless the Board denies the application for good cause, the Board shall approve the applicationto andthe issueapplicant anot licenselater bythan:by endorsement as a behavior analyst to(a) Forty-five days after receiving all the applicantadditional notinformation laterrequired than:by the Board to complete the application;

(a) Forty-five days after receiving all the additional information required by the Board to complete the application;

At any time before making a final decision on an application for a license by endorsement pursuant to this section, the Board may - *SB217_R1* – 61 – grant a provisional license authorizing an applicant to practice as a behavior analyst in accordance with regulations adopted by the Board.

437.225assistant 1.behavior analyst or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:

(1)- Of81st completionSession of(2021) the– requirements65 for– continuing education as set forth in regulations adopted by the Board, if applicable;

(a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behaviorbehaviorhe analysts, as applicable;

The Board may, within 2 years after the - *SB217_R1* – 62 – date the license or registration is so suspended, reinstate the license or registration upon payment to the [Division] Board of the amount of the then current biennial fee for the renewal of a license or registration and the amount of the fee for the restoration of a license or registration so suspended.

Sec.- 81st Session (2021) – 66 – 437.400 1.

67.The Board may suspend or revoke a person’slows:

NRSlicense 437.400as isa herebybehavior amendedanalyst toor readassistant behavior analyst or registration as follows:a registered behavior technician, place the person on probation, require remediation for the person or take any other action specified by regulation if the [Division] Board finds by a preponderance of the evidence that the person has:

437.400 1.

The Board may suspend or revoke a person’s license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, place the person on probation, require remediation for the person or take any other action specified by regulation if the [Division] Board finds by a preponderance of the evidence that the person has:

(e) Except as otherwise provided in NRS 437.060 and 437.070, aided or abetted practice as a behavior analyst, assistant behavior analyst or registered behavior technician by a person who is not licensed or registered, as applicable, pursuant to this chapter.

- *SB217_R1* – 63 – (i) Failed to report to the [Division] Board within 30 days the revocation, suspension or surrender of, or any other disciplinary action taken against, a license, certificate or registration to practice applied behavior analysis issued to the person by another state or territory of the United States, the District of Columbia or a foreign country.

(k)- Performed81st orSession attempted(2021) to– perform67 any– professional service while impaired by alcohol or other substance or by a mental ororice physical illness, disorder or disease.

Sec.437.410 1.RS 43If the [Division] Board or a hearing officer appointed by the [Division] Board finds a person guilty in a disciplinary proceeding, [the Division shall transmit notice of that finding to the Board.

68.

NRS 437.410 is hereby amended to read as follows:

437.410 1.

If the [Division] Board or a hearing officer appointed by the [Division] Board finds a person guilty in a disciplinary proceeding, [the Division shall transmit notice of that finding to the Board.

(h) Require the person to submit to the supervision of or counseling or treatment by a person designated by the Board.

The - *SB217_R1* – 64 – person named in the complaint is responsible for any expense incurred.

- 81st Session (2021) – 68 – 3.

If the [Division] Board 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 and permits issued to a person who is the holder of a license or registration issued pursuant to this chapter, the [Division shall transmit the copy to the Board.

437.420be 1.either upon the person or by registered or certified mail with return receipt requested, addressed to the person upon whom process is to be served at his or her last known address, as indicated on the records of the [Division,] Board, if possible.

Service of process made under this chapter must be either upon the person or by registered or certified mail with return receipt requested, addressed to the person upon whom process is to be served at his or her last known address, as indicated on the records of the [Division,] Board, if possible.

- *SB217_R1* – 65 – 2.

The [Division] Board or a panel of its members or a hearing officer may [, with the approval of the Board,] issue subpoenas- to81st compelSession the(2021) attendance– of69 witnesses– and the production of books, papers, documents, the records of patients and any other article related to the practice of applied behavior analysis.

3.the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles.

Upon such a petition, the court shall enter an order directing the witness to appear before the court at a time and place to be fixed by the court in its order, the time to be not more than 10 days after the date of the order, and then and there show cause why the witness has not attended or testified or produced the articles.

The [Division, the] Board or any review panel of a hospital or an association of behavior analysts, assistant behavior analysts or registered behavior technicians which becomes aware that any one or a combination of the grounds for initiating disciplinary action may exist as to a person practicing applied behavior analysis in this State shall, and any other person who is so aware may, file a written complaint specifying the relevant facts with the [Division.] Board.

- *SB217_R1* – 66 – 2.

Sec.- 81st Session (2021) – 70 – 437.435 When a complaint is filed with the [Division,] Board, it shall review the complaint.

73.

NRS 437.435 is hereby amended to read as follows:

437.435 When a complaint is filed with the [Division,] Board, it shall review the complaint.

If, after an investigation, the [Division] Board determines thattha(a) aMay person: has violated NRS 437.500, the [Division:] Board:

(a)[, Maywith :the approval of the Board:]ision:] Board:

[, with the approval of the Board:] (1) Issue and serve on the person an order to cease and desist from engaging in any activity prohibited by NRS 437.500 until the person obtains the proper license or registration;

4.the [Division] Board shall assess an administrative fine of:7.500, (a) For a first violation, $500.

For any person who violates the provisions of NRS 437.500, the [Division] Board shall assess an administrative fine of:

(a) For a first violation, $500.

- *SB217_R1*81st Session (2021) – 6771 – Sec.

If the [Division] Board retains the Attorney General pursuant to NRS 437.435, the Attorney General shall conduct an investigation of a complaint transmitted to the Attorney General to determine whether it warrants proceedings for the modification, suspension or revocation of the license or registration.

Notwithstanding the provisions of chapter 622A of NRS, if the [Division] Board has reason to believe that the conduct of any behavior analyst, assistant behavior analyst or registered behavior technician has raised a reasonable question as to competence to practice applied behavior analysis with reasonable skill and safety to patients, the [Division] Board may [, with the approval of the Board,] , to assist the Board or its designee in determining competence, require the behavior analyst, assistant behavior analyst or registered behavior technician to [take a written or oral examination to determine whether the behavior analyst, assistant behavior analyst or registered behavior technician is competent to practice applied behavior analysis.] undergo:

If an examination is required by the Board pursuant to subsection 11, , the reasons therefor must be documented and made available to the behavior analyst, assistant behavior analyst or registered behavior technician being examined.

An applicant or person who holds a license or registration pursuant to this chapter is deemed to consent to submit to an - 81st Session (2021) – 72 – examination required pursuant to subsection 1 when the Board provides a written order for such an examination.

- *SB217_R1* – 68 – 4.

Any testimony, report or other information of the examining provider of health care received during an examination administeredcommunication.ursuant pursuant to subsection 1 is not a privileged communication.5.

5.

1.complaint charges deceptive or unethical professional conduct or practice of applied behavior analysis harmful to the public.

Proof of actual injury need not be established where the complaint charges deceptive or unethical professional conduct or practice of applied behavior analysis harmful to the public.

Pending disciplinary proceedings before the [Division] Board or a hearing officer, the court may, upon application by the [Division]- Board81st orSession the(2021) Attorney– General,73 issue– a temporary restraining order or a preliminary injunction to enjoin any unprofessional conduct of a behavior analyst, an assistant behavior analyst or a registered behavior technician which is harmful to the - *SB217_R1* – 69 – public, to limit the practice of the behavior analyst, assistant behavior analyst or registered behavior technician or to suspend the license to practice as a behavior analyst or assistant behavior analyst or registration to practice as a registered behavior technician without proof of actual damage sustained by any person, this provision being a preventive as well as a punitive measure.

437.480or 1.the Attorney General may maintain in any court of competent,] jurisdiction a suit for an injunction against any person practicing in violation of NRS 437.510 or as a behavior analyst, assistant behavior analyst or registered behavior technician without the proper license or registration.

The [Division, with the approval of the] Board [,] or the Attorney General may maintain in any court of competent jurisdiction a suit for an injunction against any person practicing in violation of NRS 437.510 or as a behavior analyst, assistant behavior analyst or registered behavior technician without the proper license or registration.

437.485 In addition to any other immunity provided by the provisions of chapter 622A of NRS, the [Division,] Board, a review panel of a hospital, an association of behavior analysts, assistant behavior analysts or registered behavior technicians, or any other person who or organization which initiates a complaint or assists in any lawful investigation or proceeding concerning the licensure of a behavior analyst or assistant behavior analyst or registration of a registered behavior technician or the discipline of a behavior analyst, an assistant behavior analyst or a registered behavior technician for gross malpractice, repeated malpractice, professional incompetence or unprofessional conduct is immune from any civil action for that initiation or assistance or any consequential damages, if the person or organization acted without malicious intent.

- 81st Session (2021) – 74 – Sec.

(b)(c) WhoseWho licensehas orbeen registrationplaced hason probation, been revoked;

or (c) Who has been placed on probation, - *SB217_R1* – 70 –  by an order of the Board may apply to the [Division] Board after 1 year for removal of the limitation or termination of the probation or may apply to the [Division] Board pursuant to the provisions of chapter 622A of NRS for reinstatement of the revoked license or registration.

(1) Is certified as a Board Certified Behavior Analyst or Board Certified Behavior Analyst - Doctoral by the BehaviorBehaviorst or Analyst Certification Board, Inc., or any successor in interest to that organization;

A registered behavior technician shall not [provide][provide therapy] engage in the practice of applied behavior [therapy] analysis except under the supervision of:

- 81st Session (2021) – 75 – (b) A [licensed] behavior analyst [;] described in paragraph (b) of subsection 1;

or (c) A licensed assistant behavior analyst [.] who has completed any requirements established by the Behavior Analyst Certificationorganization, Board,to Inc.,serve oras anya successorsupervisor.ssor in interest to that organization,3. to serve as a supervisor.

3.A psychologist, behavior analyst or assistant behavior analyst who provides supervision pursuant to this section must comply with the requirements prescribed by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, concerning supervision.

A psychologist, behavior analyst or assistant behavior analyst who provides supervision pursuant to this section must - *SB217_R1* – 71 – comply with the requirements prescribed by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, concerning supervision.

Except as otherwise provided in NRS 437.060 and 437.065, represents himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician, or uses any title or description which indicates or implies that he or she is a behavior analyst, assistant behavior analyst or registered behavior technician, unless he or she has been issued a license or registration as required by this chapter;

ors been issued a license or registration as required 5.

- 81st Session (2021) – 76 – 2.

(a) Any oral or written comment made or submitted to it by members of the public or by persons or facilities affected by the regulation;

- *SB217_R1* – 72 – (c) The effect of the regulation on the number of licensed, permitted or registered persons and facilities available to provide services in this State;

(a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whethersubsection he1 orof sheNRS has449.4332;nvicted been convicted of any crime listed in subsection(b) 1Obtain an oral and written confirmation of NRSthe 449.4332;information contained in the written statement obtained pursuant to paragraph (a);

(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);

(e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each- employee,81st employeeSession of(2021) a– temporary77 employment– service or independent contractor to determine whether the person has been convicted of any crime listed in subsection 1 of NRS 449.4332;

- *SB217_R1* – 73 – (2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.

The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of NRS 449.4332.

(a) The employee, employee of the temporary employment service or independent contractor agrees to allow the holder of a certificate to operate an intermediary service organization to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in subsection 1 of NRS 449.4332;

(b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 or chapter 437 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor- to81st theSession Central(2021) Repository– for78 Nevada– Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

The holder of a certificate to operate an intermediary service organization shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at or for the intermediary service organization is investigated - *SB217_R1* – 74 – is completed as soon as practicable and at least once every 5 years after the date of the initial investigation.

(b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;

Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in subsection 1 of NRS 449.4332 and immediately inform the Division and the holder of the certificate to operate an intermediary service organization for which the person works whether the employee, employee of the temporarytemporaryh the person employment service or independent contractor has been convicted of such a crime.

The intermediary service organization may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed - 81st Session (2021) – 79 – requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository.Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments.

- *SB217_R1* – 75 – 7.

Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in subsection 1 of NRS 449.4332, is guilty of a misdemeanor.

If a person who is licensed to practice one of the health professions regulated by title 54 or chapter 437 of NRS submits to an insurer the form commonly referred to as the “HCFA-1500” for a patient who is not covered by any governmental program which offers insurance coverage for health care, the form must bebeh accompanied by a statement that reads substantially as follows:

3.- 81st Session (2021) – 80 – section is not a defense in a prosecution for insurance fraud pursuant to NRS 686A.291.

The failure to provide any of the statements required by this section is not a defense in a prosecution for insurance fraud pursuant to NRS 686A.291.

and - *SB217_R1* – 76 – (b) Copayment, deductible and coinsurance provisions and any other general exclusions or limitations of a policy of health insurance to the same extent as other medical services or prescriptionpre3.ripA drugshealth coveredbenefit byplan thethat policy.offers or issues a policy of health insurance which provides coverage for outpatient care shall not:

3.

A health benefit plan that offers or issues a policy of health insurance which provides coverage for outpatient care shall not:

Treatment of autism spectrum disorders must be identified in a treatment plan and may include medically necessary habilitative or rehabilitative care, prescription care, psychiatric care, psychological care, behavioral therapy or therapeutic care that is:

- 81st Session (2021) – 81 –  An insurer may request a copy of and review a treatment plan created pursuant to this subsection.

Nothing in this section shall be construed as requiring an insurer to provide reimbursement to a school for services delivered throughthr7.gh schoolAs services.used in this section:

7.

As used in this section:

(c) “Behavioral therapy” means any interactive therapy derived from evidence-based research, including, without limitation, discrete - *SB217_R1* – 77 – trial training, early intensive behavioral intervention, intensive intervention programs, pivotal response training and verbal behavior provided by a licensed psychologist, licensed behavior analyst, licensed assistant behavior analyst or registered behavior technician.

(e) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessarypracticable, tothe develop,functioning maintainof anda restore,person.e, to the maximum extent practicable,(f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the functioningBehavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a person.licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

(f)(g) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, whoand is licensed as ana assistant behavior analyst by the Aging and Disability Services Division of the Department of Health- and81st HumanSession Services(2021) and– who82 provides– behavioralHealth therapyand underHuman theServices.] supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant“behavior behavior analyst” in NRS 437.005.437.010.

(g)(h) “Licensed“Prescription behaviorcare” analyst”means [meansmedications aprescribed personby who holds current certification as a Board Certified Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, and is licensed asphysician a behavior analyst by the Aging and Disabilityany Serviceshealth-related Divisionservices ofdeemed themedically Departmentnec(i) of“Psychiatric Healthcare” andmeans Humandirect Services.]or hasconsultative theservicesions. meaning ascribed to the term “behavior analyst” in NRS 437.010.

(h)provided “Prescription care” means medications prescribed by a psychiatrist licensed physicianin and any health-related services deemed medically necessary to determine the needstate orin effectivenesswhich of the medications.psychiatrist practices.

(i) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

- *SB217_R1* – 78 – (n) “Treatment plan” means a plan to treat an autism spectrum disorder that is prescribed by a licensed physician or licensed psychologist and may be developed pursuant to a comprehensive evaluation in coordination with a licensed behavior analyst.

A hospital the Uniform Billing and Claims Forms established by the American Hospital Association in lieu of its individual billing and claims forms.

Association in lieu of its 2.

- 81st Session (2021) – 83 – (a) A maximum benefit of the actuarial equivalent of $72,000 per year for applied behavior analysis treatment;

and (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a policy of group health insurance to the same extent as other medical services or prescription drugs covered by the policy.policy.ical services or 3.

3.

- *SB217_R1* – 79 – 5.

and (b) Provided for a person diagnosed with an autism spectrum disorder by a licensed physician, licensed psychologist, licensed behavior analyst or other provider that is supervised by the licensed physician, psychologist or behavior analyst.

- 81st Session (2021) – 84 – (a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional analysis of the relations between environment and behavior.

- *SB217_R1* – 80 – (f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

- 81st Session (2021) – 85 – (i) “Psychiatric care” means direct or consultative services provided by a psychiatrist licensed in the state in which the psychiatrist practices.

(j) “Psychological care” means direct or consultative services provided by a psychologist practices.ist licensed in the state in which the psychologist(k) practices.“Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

(k) “Registered behavior technician” has the meaning ascribed to it in NRS 437.050.

- *SB217_R1* – 81 – 2.

An individual who is licensed to practice one of the health professions regulated by title 54 or chapter 437 of NRS such uniform health insurance claims forms as the Commissioner shall prescribe, except in those cases where the Commissioner hashashall excused uniform reporting.

and (b) Copayment, deductible and coinsurance provisions and any other general exclusion or limitation of a health benefit plan to the - 81st Session (2021) – 86 – same extent as other medical services or prescription drugs covered by the plan.

A health benefit plan that offers or issues a policy of group health insurance which provides coverage for outpatient care shall not:not(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan;

(a) Require an insured to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan;

-created *SB217_R1*pursuant –to 82this –subsection.d  A carrier may request a copy of and review a treatment plan created6. pursuant to this subsection.

6.

(a) “Applied behavior analysis” means the design, implementation and evaluation of environmental modifications using behavioral stimuli and consequences to produce socially significant improvement in human behavior, including, without limitation, the use of direct observation, measurement and functional- 81st Session (2021) – 87 – behavior.l analysis of the relations between environment and behavior.(b) “Autism spectrum disorder” has the meaning ascribed to it in NRS 427A.875.

(b) “Autism spectrum disorder” has the meaning ascribed to it in NRS 427A.875.

(e) “Habilitative or rehabilitative care” means counseling, guidance and professional services and treatment programs, including, without limitation, applied behavior analysis, that are necessary to develop, maintain and restore, to the maximum extent practicable,pra(f) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the functioningBehavior Analyst Certification Board, Inc., or any successor in interest to that organization, who is licensed as an assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services and who provides behavioral therapy under the supervision of a person.licensed behavior analyst or psychologist.] has the meaning ascribed to the term “assistant behavior analyst” in NRS 437.005.

(f)(g) “Licensed assistant behavior analyst” [means a person who holds current certification as a Board Certified Assistant Behavior Analyst issued by the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization,organization whoand is licensed as ana assistant behavior analyst by the Aging and Disability Services Division of the Department of Health and Human ServicesServices.] andhas whothe providesmeaning behavioralascribed therapyto under the supervisionterm of“be(h) “Prescription care” means medications prescribed by a licensed behaviorphysician analystand orany psychologist.]health-related hasservices thedeemed meaningmedically ascribednecessary to determine the termneed “assistantor behavioreffectiveness analyst”of inthe NRSmedications. 437.005.

(g) “Licensed behavior analyst” [means a person who holds current certification as a Board Certified Behavior Analyst issued by - *SB217_R1* – 83 – the Behavior Analyst Certification Board, Inc., or any successor in interest to that organization and is licensed as a behavior analyst by the Aging and Disability Services Division of the Department of Health and Human Services.] has the meaning ascribed to the term “behavior analyst” in NRS 437.010.

(h) “Prescription care” means medications prescribed by a licensed physician and any health-related services deemed medically necessary to determine the need or effectiveness of the medications.

(k)- “Registered81st behaviorSession (2021) – 88 – to it in NRS 437.050.havior technician” has the meaning ascribed (l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to itscreen inand NRSdiagnose 437.050.whether a person has an autism spectrum disorder.

(l) “Screening for autism spectrum disorders” means medically necessary assessments, evaluations or tests to screen and diagnose whether a person has an autism spectrum disorder.

A health care plan issued by a health maintenance organization must provide coverage for screening for and diagnosis of autism spectrum disorders and for treatment of autism spectrum disorders to persons covered by the health care plan under the age of 18 years or, if enrolled in high school, until the person reaches the age of 22 years.

(a) Require an enrollee to pay a higher deductible, copayment or coinsurance or require a longer waiting period for coverage for - *SB217_R1* – 84 – outpatient care related to autism spectrum disorders than is required for other outpatient care covered by the plan;