Nevada 2021 Regular Session Status: Enacted 3 D cosponsors

SB 211 — Establishes requirements relating to testing for sexually transmitted diseases. (BDR 40-563)

Last action — Approved by the Governor. Chapter 485.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 11, 2021. Enacted.

Prognosis

Likely to advance 62% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    2 primary, 4 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (3 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

460 added · 476 removed

460 line(s) added, 476 removed.

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(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT S.B.
Senate Bill No.
211 SENATE BILL NO .
211–Senators D.
211–SENATORS D.
Harris, Hardy;
HARRIS , HARDY ;
Lange, Ohrenschall, Scheible and Spearman CHAPTER..........
L ANGE , OHRENSCHALL , SCHEIBLE AND SPEARMAN M ARCH 11, 2021 ____________ Referred to Committee on Health and Human Services SUMMARY—Establishes requirements relating to testing for sexually transmitted diseases.
(BDR 40-563) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
making an appropriation;
Existing law establishes requirements concerning the control, prevention and treatment of the human immunodeficiency virus and other sexually transmitted diseases.
Existing law establishes requirements concerning the control, prevention and treatment of the human immunodeficiency virus and other sexually transmitted exceptions, a physician, physician assistant, advanced practice registered nurse or midwife who provides or supervises the provision of emergency medical services in a hospital or primary care to a patient who is at least 15 years of age to:
(NRS 441A.240-441A.336) Section 1 of this bill requires, with certain exceptions, a physician, physician assistant, advanced practice registered nurse or a hospital or primary care to a patient who is at least 15 years of age to:
and (2) to the extent practicable and that testing is medically indicated, test a patient who wishes to be tested for sexually transmitted that provides emergency medical service or primary care to a patient who is at leastal 15 years of age to ensure such consultation and the provision of such testing or assistance.
and (2) to the extent practicable and that testing is diseases or help such a patient obtain a test.
A physician, physician assistant, advanced practice registered nurse, - *SB211_R1* – 2 – midwife or hospital is not required to comply with those requirements if the patient is being treated for a life-threatening emergency, has recently been offered or this bill provide that a hospital, physician, physician assistant, advanced practice registered nurse or midwife that fails to comply with the requirements of section 1 is not subject to a criminal penalty or an administrative fine imposed by the State Board of Health, but is subject to disciplinary action where applicable.
Section 1 similarly requires a hospital that provides emergency medical service or primary care to a patient who is at least years of age to ensure such consultation and the provision of such testing or assistance.
A physician, physician assistant, advanced practice registered nurse, midwife or hospital is not required to comply with those requirements if the patient is being treated for a life-threatening emergency, has recently been offered or this bill provide that a hospital, physician, physician assistant, advanced practice registered nurse or midwife that fails to comply with the requirements of section 1 is not subject to a criminal penalty or an administrative fine imposed by the State Board of Health, but is subject to disciplinary action where applicable.
Section 6.5 of this bill makes an appropriation to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the costs of providing testing to persons who are covered by Medicaid.
- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(a) Consult with the patient to ascertain whether he or she wishes to be tested for sexually transmitted diseases, including, without limitation, the human immunodeficiency virus, and to determine which tests, if any, are medically indicated for the patient;
(a) Consult with the patient to ascertain whether he or she wishes to be tested for sexually transmitted diseases, including, without limitation, the human immunodeficiency virus, and to patient;
and (b) If the patient wishes to be tested, conduct any test which is medically indicated for the patient or assist the patient with obtaining any such test, to the extent practicable for the physician, physician assistant, advance practice registered nurse or midwife.
andich tests, if any, are medically indicated for the (b) If the patient wishes to be tested, conduct any test which is medically indicated for the patient or assist the patient with obtaining any such test, to the extent practicable for the physician, physician assistant, advance practice registered nurse or midwife.
A physician, physician assistant, advanced practice registered nurse, midwife or hospital is not required to comply with the requirements of subsection 1 or 2 if the physician, physician assistant, advanced practice registered nurse or midwife - *SB211_R1* – 3 – or a provider of health care who provides emergency medical services or primary care to the patient at the hospital, as applicable, reasonably believes that the patient:
A physician, physician assistant, advanced practice registered nurse, midwife or hospital is not required to comply with the requirements of subsection 1 or 2 if the physician, physician assistant, advanced practice registered nurse or midwife services or primary care to the patient at the hospital, as applicable, reasonably believes that the patient:
(b) Has recently been offered or has been the subject of a test for the human immunodeficiency virus or other sexually transmitted diseases;
- 81st Session (2021) – 3 – (b) Has recently been offered or has been the subject of a test for the human immunodeficiency virus or other sexually transmitted diseases;
4.
(a) Any test which is administered to a patient or for which a patient is assisted in obtaining pursuant to this section is medically indicated for that patient;
The Board shall adopt regulations to ensure that:
(a) Any test which is administered for a patient or for which a patient is assisted in obtaining pursuant to this section is medically indicated for that patient;
441A.910 Except as otherwise provided [,] in section 1 of this act, every person who violates any provision of this chapter is guilty of a misdemeanor.
441A.910 Except as otherwise provided [,] in section 1 of this act, every person who violates any provision of this chapter is guilty of Sec.
Sec.
3.meaNRS 441A.920 is hereby amended to read as follows:
3.
NRS 441A.920 is hereby amended to read as follows:
The Division may deny an application for a license or may suspend or revoke any license issued under the - *SB211_R1* – 4 – provisions of NRS 449.029 to 449.2428, inclusive, upon any of the following grounds:
The Division may deny an application for a license or may suspend or revoke any license issued under the provisions of NRS 449.029 to 449.2428, inclusive, upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
- 81st Session (2021) – 4 – provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(f) Failure to comply with the provisions of NRS 449.2486 [.] or section 1 of this act and any regulations adopted pursuant thereto.
section 1 of this act and any regulations adopted pursuant thereto.
The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate a facility for the dependent pursuant to subsection 2.
The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the 2.
The Division shall provide to a facility for the care of adults during the day:
The Division shall provide to a facility for the care of adultstion during the day:
- *SB211_R1* – 5 – The facility shall make the information available to the public pursuant to NRS 449.2486.
- 81st Session (2021) – 5 – pursuant to NRS 449.2486.
4.
the information available to the public 4.
(2) Which the Board has determined is a violation of the standards of practice established by regulation of the Board;
standards of practice established by regulation of the Board;
Show all 86 changed rows (46 more)
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(f) Performing, without first obtaining the informed consent of the patient or the patient’s family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.
the patient or the patient’s family, any procedure or prescribing any therapy which by the current standards of the practice of medicine is experimental.
(i) Making or filing a report which the licensee or applicant knows to be false or failing to file a record or report as required by law or regulation.
- 81st Session (2021) – 6 – knows to be false or failing to file a record or report as required by law or regulation.
- *SB211_R1* – 6 – (k) Failure by a licensee or applicant to report in writing, within 30 days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.
(k) Failure by a licensee or applicant to report in writing, within days, any disciplinary action taken against the licensee or applicant by another state, the Federal Government or a foreign country, including, without limitation, the revocation, suspension or surrender of a license to practice medicine in another jurisdiction.
(l) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(l) Failure by a licensee or applicant to report in writing, within days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jur(m) Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
(m) Failure to be found competent to practice medicine as a result of an examination to determine medical competency pursuant to NRS 630.318.
(q) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(q) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug dangerous drug:
(1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
unless the unapproved controlled substance or (1) Was procured through a retail pharmacy licensed pursuant to chapter 639 of NRS;
or (4) Is an investigational drug or biological product prescribed to a patient pursuant to NRS 630.3735 or 633.6945.
or - 81st Session (2021) – 7 – to a patient pursuant to NRS 630.3735 or 633.6945.l product prescribed (r) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.
(r) Failure to supervise adequately a medical assistant pursuant to the regulations of the Board.
- *SB211_R1* – 7 – (t) Failure to obtain any training required by the Board pursuant to NRS 630.2535.
(t) Failure to obtain any training required by the Board pursuant to NRS 630.2535.
The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a certificate, upon determining that the licensee or certificate holder:
The Board may deny, revoke or suspend any license or certificate applied for or issued pursuant to this chapter, or take other disciplinary action against a licensee or holder of a cer(a) Is guilty of fraud or deceit in procuring or attempting tolder:
(a) Is guilty of fraud or deceit in procuring or attempting to procure a license or certificate pursuant to this chapter.
procure a license or certificate pursuant to this chapter.
(e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a manner which is dangerous or injurious to any other person or which impairs his or her ability to conduct the practice authorized by the license or certificate.
(e) Uses any controlled substance, dangerous drug as defined in chapter 454 of NRS, or intoxicating liquor to an extent or in a which impairs his or her ability to conduct the practice authorized by the license or certificate.
(2) Impersonating any applicant or acting as proxy for an applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.
- 81st Session (2021) – 8 – applicant in any examination required pursuant to this chapter for the issuance of a license or certificate.
- *SB211_R1* – 8 – (5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.
(5) Repeated malpractice, which may be evidenced by claims of malpractice settled against the licensee or certificate holder.
The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or certificate holder has committed or expects to commit a violation of this chapter.
The voluntary surrender of a license or certificate issued pursuant to this chapter is prima facie evidence that the licensee or this chapter.older has committed or expects to commit a violation of (i) Is guilty of aiding or abetting any person in a violation of this chapter.
(i) Is guilty of aiding or abetting any person in a violation of this chapter.
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(2) Was procured through a Canadian pharmacy which is recommended by the State Board of Pharmacy pursuant tobeen subsection 4 of NRS 639.2328;
(m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.
(m) Has been disciplined in another state in connection with a license to practice nursing or a certificate to practice as a nursing - 81st Session (2021) – 9 – assistant or medication aide - certified, or has committed an act in another state which would constitute a violation of this chapter.
(o) Has willfully failed to comply with a regulation, subpoena or order of the Board.
order of the Board.y failed to comply with a regulation, subpoena or (p) Has operated a medical facility at any time during which:
(p) Has operated a medical facility at any time during which:
- *SB211_R1* – 9 – This paragraph applies to an owner or other principal responsible for the operation of the facility.
This paragraph applies to an owner or other principal responsible for the operation of the facility.
For the purposes of this section, a plea or verdict of guilty or guilty but mentally ill or a plea of nolo contendere constitutes a conviction of an offense.
For the purposes of this section, a plea or verdict of guilty or conviction of an offense.
The Board may take disciplinary action pending the appeal of a conviction.
The Board may take disciplinary action a pending the appeal of a conviction.
(2) A felony relating to the practice of osteopathic medicine or practice as a physician assistant;
- 81st Session (2021) – 10 – or practice as a physician assistant;ractice of osteopathic medicine (3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
(3) A violation of any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
- *SB211_R1* – 10 – (8) Abuse or neglect of a child or contributory delinquency;
(8) Abuse or neglect of a child or contributory delinquency;
(d) Malpractice or gross malpractice, which may be evidenced by a claim of malpractice settled against a licensee.
(d) Malpractice or gross malpractice, which may be evidenced by (e) Professional incompetence.
(e) Professional incompetence.
against a licensee.
(l) Knowingly or willfully procuring or administering a controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
controlled substance or a dangerous drug as defined in chapter 454 of NRS that is not approved by the United States Food and Drug Administration, unless the unapproved controlled substance or dangerous drug:
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been recommended by the State Board of Pharmacy pursuant to subsection 4 of NRS 639.2328;
(2) Was procured through a Canadian pharmacy which is licensed pursuant to chapter 639 of NRS and which has been - 81st Session (2021) – 11 – subsection 4 of NRS 639.2328;d of Pharmacy pursuant to (3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS;
(3) Is cannabis being used for medical purposes in accordance with chapter 678C of NRS;
(o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be - *SB211_R1* – 11 – false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
(o) In addition to the provisions of subsection 3 of NRS 633.524, making or filing a report which the licensee knows to be false, failing to file a record or report that is required by law or knowingly or willfully obstructing or inducing another to obstruct the making or filing of such a record or report.
(p) Failure to report any person the licensee knows, or has reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
reason to know, is in violation of the provisions of this chapter or the regulations of the Board within 30 days after the date the licensee knows or has reason to know of the violation.
(q) Failure by a licensee or applicant to report in writing, within 30 days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(q) Failure by a licensee or applicant to report in writing, within days, any criminal action taken or conviction obtained against the licensee or applicant, other than a minor traffic violation, in this State or any other state or by the Federal Government, a branch of the Armed Forces of the United States or any local or federal jurisdiction of a foreign country.
(u) Failure to obtain any training required by the Board pursuant to NRS 633.473.
(u) Failure to obtain any training required by the Board pursuant to (v) Failure to comply with the provisions of NRS 633.6955.
(v) Failure to comply with the provisions of NRS 633.6955.
(y) Failure to comply with the provisions of NRS 454.217 or 629.086.
- 81st Session (2021) – 12 – (y) Failure to comply with the provisions of NRS 454.217 or 629.086.
2.
product” has the meaning ascribed to it in NRS 454.351.or biological Sec.
As used in this section, “investigational drug or biological product” has the meaning ascribed to it in NRS 454.351.
6.5.
1.
There is hereby appropriated from the State General Fund to the Division of Health Care Financing and Policy of the Department of Health and Human Services for the costs of providing testing pursuant to the provisions of this act to persons who are covered by Medicaid the following sums:
For the Fiscal Year 2021-2022....................................$25,074 For the Fiscal Year 2022-2023....................................$21,431 2.
The sums appropriated by subsection 1 are available for either fiscal year.
Any remaining balance of those sums must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.
H - *SB211_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 485.

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 36, Nays: 6.) To Senate.

  5. Taken from General File. Placed on General File for next legislative day.

  6. From committee: Do pass. Declared an emergency measure under the Constitution. Taken from General File. Placed on General File for next legislative day.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Health and Human Services. To committee.

  8. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 700.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To printer.

  9. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 182.) Taken from General File. Re-referred to Committee on Finance. To printer.

  11. Notice of eligibility for exemption.

  12. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 61 not signed on

Sponsors (2)

Co-sponsors (4)

Not signed on (61)

61 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety healthcare
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Frequently asked questions

Who sponsors SB 211?
SB 211 is sponsored by Joseph Hardy, Lange, Roberta (Democratic), Ohrenschall, James (Democratic), Scheible, Melanie (Democratic), Pat Spearman, and Harris, Dallas.
What is the current status of SB 211?
This bill has been enacted into law. Introduced March 11, 2021. Enacted.
Where can I track SB 211?
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