SB 390 — Revises provisions relating to behavioral health. (BDR 39-635)

Section 810 additionallyof this bill authorizes the Department,Interim subjectFinance Committee to legislativeperform authorization,duties relating to spend the moneyauthorization inof theadministrative Fundexpenses requirementsfrom concerning the needsFund assessmentduring conducteda pursuantregular tosession sectionof 9;the Legislature.

andSection (2)9 requiresof state,this regional,bill localrequires and tribal agencies to submit to the Department plansto: to address the priorities identified in the needs assessment.

Section(1) 9conduct requiresa thestatewide Departmentneeds assessment to considerdetermine thosethe planspriorities whenfor awardingallocating grants.money from the Fund;

Sectionand 8(2) requiresbased expenditureson fromthat theneeds Fundassessment, todevelop bea authorizedstatewide byplan for allocating the Interimmoney Financein Committee.the Fund.

SectionSections 109.5 and 9.6 of this bill authorizesprescribe thespecific Interimrequirements Financeconcerning Committeethe tostatewide performneeds dutiesassessment relatingconducted pursuant to thesection authorization9 ofand suchthe grantsstatewide duringplan adeveloped regularpursuant sessionto ofthat thesection, Legislature.respectively.

SectionSpecifically, 11section of9.6 thisauthorizes bill requires any state agency that has previously received proceeds of litigation by the Statestatewide concerningplan the manufacture, those proceeds to theprovide State Treasurer for deposit in the Fund.committedallocation portion of -money *SB390_R1*from –the 3Fund –to: THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

(1) fund certain statewide projects to address the impact of opioid use disorder and other substance use disorders;

and (2) provide grants to regional, local or tribal governments and private sector organizations whose work relates to opioid use disorder or other substance use disorders.

Section 10.3 of this bill exempts the statewide plan from the requirements of the Nevada Administrative Procedure Act.

Section 9.7 of this bill requires each regional, local or tribal governmental entity that wishes to apply for a the expenditure of the money, and sections 9.8 and 9.9 of this bill prescribe for requirements governing such a needs assessment and plan, respectively.

Section 9.7 also requires any regional, local or tribal governmental entity or private sector organization that receives a grant to annually submit to the Department a report concerning the use of that money.

Additionally, if a regional, local or tribal governmental entity that receives a grant later receives its own recovery resulting from litigation relating to the manufacture, distribution, sale or marketing of opioids, section 9.7 authorizes the Department to recover all or a portion of the grant money, not to exceed the amount of the recovery.

- 81st Session (2021) – 3 – Section 11 of this bill requires any state agency that has previously received and marketing of opioids to transfer any uncommitted portion of those proceeds toe the Director of the Department for deposit in the Fund.

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Chapter 433 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 9.5,9.9, inclusive, of this act.

The Division shall:shall support the implementation of a hotline for persons who are considering suicide or otherwise in a behavioral health crisis that may be accessed by dialing the digits 9-8-8 by:

(a) EstablishEstablishing aat hotlineleast forone personssupport whocenter arethat consideringmeets suicidethe orrequirements otherwiseof insection a4 behavioralof healththis crisisact thatto mayanswer becalls accessedto bythe dialinghotline and coordinate the digitsresponse 9-8-8;to persons who access the hotline;

(b) EstablishEncouraging atthe leastestablishment oneof supportand, centerto thatthe meetsextent thethat requirementsmoney ofis sectionavailable, 4establishing ofmobile thiscrisis actteams to answerprovide callscommunity-based tointervention, theincluding, hotlinewithout andlimitation, coordinatede- theescalation responseand tostabilization, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline;

(c) EncourageParticipating thein establishmentany collection of and,information toby the extentFederal thatGovernment moneyconcerning isthe available,National establishSuicide mobilePrevention crisisLifeline teamsprogram; to provide community-based intervention, including, without limitation, de- escalation and stabilization, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline;

(d) ParticipateCollaborating inwith anythe collectionNational ofSuicide informationPrevention byLifeline program and the FederalVeterans GovernmentCrisis concerningLine theprogram Nationalestablished Suicidepursuant Preventionto Lifeline38 program;U.S.C.

(e) Collaborate with the National Suicide Prevention Lifeline program and the Veterans Crisis Line program established pursuant to 38 U.S.C.

and (f)(e) AdoptAdopting any regulations necessary to carry out the provisions of sections 2 to 6, inclusive, of this act, including, without limitation:

2 to 6, inclusive, of this act, including, without (1) Regulations establishing the qualifications of providers of services who are involved in responding to persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline;

and- 81st Session (2021) – 4 – (2) Any regulations necessary to allow for communication and sharing of information between persons and entities involved in responding to crises and emergencies in this State to facilitate the coordination of care for persons who are considering suicide or are otherwise in a behavioral health crisis and access the hotline.hotline;

and qualified in the field of behavioral health” for the purposes of this section.

A mobile crisis team established pursuant to paragraph (c)(b) of subsection 1 must be:

- *SB390_R1* – 4 – (a) A team based in the jurisdiction that it serves which includes persons professionally qualified in the field of psychiatricbehavioral mental health and providers of peer recovery support services;

(b) A team established by a provider of emergency medical services that includes persons professionally qualified in the field of behavioral health and providers of peer recovery support services;

or (c) A team established by a law enforcement agency that includes law enforcement officers, persons professionally qualified in the field of psychiatric mental health and providers of peer recovery support services.

AsA usedtelecommunications provider and its employees, agents, subcontractors and suppliers are not liable for damages that directly or indirectly result from the installation, maintenance or provision of service in relation to the hotline implemented pursuant to this section, “peerincluding, supportwithout services”limitation, has the meaningtotal ascribedor partial failure of any transmission to ita insupport NRScenter, 449.01566.unless willful conduct or gross negligence is proven.

means nonclinical supportive services that use lived experience in recovery from a substance use disorder or other behavioral health disorder to promote recovery in another person with a substance use disorder or other behavioral health disorder by advocating, mentoring, educating, offering hope and providing assistance in navigating systems.

(a) Meet the requirements established for participation in the National Suicide Prevention Lifeline program including, without limitation, requirements established by the National Suicide Prevention Lifeline Program for serving lesbian, gay, bisexual, transgender and questioning persons, persons with substance use - 81st Session (2021) – 5 – disorders or persons with co-occurring disorders, Native Americans and other high-risk and specialized populations identified by the Substance Abuse and Mental Health Services Administration of the United States Health and Human Services.

Such requirements include, without limitation, requirements for training staff to respond to callers who are members of specialized populations and transferring such callers to an appropriate specialized center or subnetwork.

callers to an appropriate (b) Use technology that is interoperable between systems for responding for crises and emergencies across this State, including, without limitation:

- *SB390_R1* – 5 – (d) Coordinate and deploy necessary services, including, without limitation, crisis stabilization services and mobile crisis teams, for persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline established in a pursuant to section 3 of this act;

The PublicState UtilitiesBoard Commissionof Health shall adopt regulations to impose a surcharge on each access line of Nevadaeach shall:customer of a company that provides commercial mobile communication services or IP-enabled voice services in this State in accordance with 47 U.S.C.

(a)§ Impose251a aand surcharge on each access line or trunk line of each customer ofto athe companylocal thatexchange providesof commercialany mobile- communication81st servicesSession or(2021) IP-enabled– voice6 services– intelecommunications thisprovider Stateproviding inthose accordancelines within 47this U.S.C.State.

§Those 251acompanies and eachproviders accessshall linecollect orthe trunksurcharge linefrom oftheir eachcustomers customerand totransfer the localmoney exchangecollected ofto anythe telecommunicationsDivision providerpursuant providingto thoseregulations linesadopted inby thisthe State.State Board of Health.

ThoseThe companiesamount andof providersthe shallsurcharge collectmust be sufficient to support the surchargeuses fromset theirforth customersin andsubsection transfer2, theexcept moneythat collectedthe toamount of the Commissionsurcharge pursuantmus2.notThe toCrisis regulationsResponse adoptedAccount byis hereby created in the Commission.State General Fund.

(b) In consultation with the Division, adopt regulations establishing the amount of the surcharge, which must be sufficient to support the uses set forth in subsection 2.

2.

The Crisis Response Account is hereby created in the State General Fund.

The money in the AccountAccount: must be used only for purposes authorized by 47 U.S.C.

§(a) 251a.Must be used by the Division to carry out the provisions of sections 2 to 6, inclusive, of this act, to the extent authorized by 47 U.S.C.

§ 251a;

and (b) Must not be used to supplant existing methods of funding that are available for those purposes.

A report concerning the usage of the hotline established pursuant to section 3 of this act and the services provided to persons who are considering suicide or otherwise in a behavioral health crisis and access the hotline and submit the report to:

- *SB390_R1* – 6 – (b) Each regional behavioral health policy board created by NRS 433.429;

- 81st Session (2021) – 7 – 2.

andand(b) (b) In even-numbered years, the next regular session of the Legislature.

As used in sections 7 to 9.5,9.9, inclusive, of this act, unless the context otherwise requires, “Fund” means the Nevadawords Fundand forterms Healthydefined Communitiesin createdsections by7.1 sectionto 87.6, inclusive, of this act.act have the meanings ascribed to them in those sections.

7.1.

“Advisory Committee” means the Advisory Committee for a Resilient Nevada created by section 7.7 of this act.

Sec.

7.2.

“Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.

Sec.

7.3.

“Fund” means the Fund for a Resilient Nevada created by section 8 of this act.

Sec.

7.4.

“Office” means the Office of Minority Health and Equity of the Department created by NRS 232.474.

Sec.

7.5.

“Special population” means a population uniquely affected by substance use or substance use disorder.

The term includes, without limitation:

1.

Veterans;

2.

Persons who are pregnant;

3.

Parents of dependent children;

4.

Youth;

questioning;

andho are lesbian, gay, bisexual, transgender and 6.

Persons and families involved in the criminal justice system, juvenile justice system and child welfare system.

Sec.

7.6.

“Substance use disorder prevention coalition” means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance use and substance use disorders in a region of this State.

Sec.

7.7.

1.

The Advisory Committee for a Resilient Nevada is hereby created within the Department.

2.

The Attorney General shall appoint to the Advisory Committee:

(a) One member who possesses knowledge, skills and experience working with youth in the juvenile justice system;

- 81st Session (2021) – 8 – (b) One member who possesses knowledge, skills and experience working with persons in the criminal justice system;

experience in the surveillance of overdoses;

ands and (d) One member who:

(1) Resides in a county other than Clark or Washoe County;

and (2) Has experience having a substance use disorder or having a family member who has a substance use disorder.

3.

The Office shall appoint to the Advisory Committee:

(a) One member who:

(1) Resides in Clark County;

and (2) Has experience having a substance use disorder or having a family member who has a substance use disorder;

(b) One member who possesses knowledge, skills and experience in public health;

(c) One member who is the director of an agency which provides child welfare services or his or her designee;

the prevention of substance use by youth;m that specializes in (e) One member who represents a faith-based organization that specializes in recovery from substance use disorder;

and (f) One member who represents a program for substance use disorders that is operated by a nonprofit organization and certified pursuant to NRS 458.025.

4.

The Director shall appoint to the Advisory Committee:

(a) One member who:

(1) Resides in Washoe County;

and (2) Has experience having a substance use disorder or having a family member who has a substance use disorder;

(b) One member who is a physician certified in the field of addiction medicine by the American Board of Addiction Medicine or its successor organization;

(c) One member who represents a nonprofit, community- oriented organization that specializes in peer-led recovery from sub(d) One member who has survived an opioid overdose;

(e) One member who represents a program to prevent overdoses or otherwise reduce the harm caused by the use of substances;

(f) One member who represents an organization that specializes in housing;

and - 81st Session (2021) – 9 – (g) One member who possesses knowledge, skills and experience with the education of pupils in kindergarten through 12th grade.

5.

In appointing the members of the Advisory Committee pursuant to subsections 2, 3 and 4, the appointing authorities shall coordinate the appointments when practicable so that the members of (a) This State;

andtee represent the diversity of:

(b) The communities within this State that are disproportionately affected by opioid use disorder and disparities in access to care and health outcomes.

6.

The term of each member of the Advisory Committee is 2 years.

A member may be reappointed for an additional term of 2 years in the same manner as the original appointment.

A vacancy occurring in the membership of the Advisory Committee must be filled in the same manner as the original appointment.

7.

To the extent that money is available for these purposes:

(a) Each member of the Advisory Committee who is not an officer or employee of this State is entitled to receive a salary of not more than $80, as fixed by the Department, for each day or portion of a day spent on the business of the Advisory Committee.

(b) Each member of the Advisory Committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Advisory Committee.

A member of the Advisory Committee who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation to prepare for and attend meetings of the Advisory of the Advisory Committee in the most timely manner practicable.

A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Advisory Committee to:

(a) Make up the time he or she is absent from work to carry out his or her duties as a member of the Advisory Committee;

or (b) Take annual leave or compensatory time for the absence.

Sec.

7.8.

TheAt Nevadathe Fundfirst formeeting Healthyof Communitieseach iscalendar herebyyear, createdthe inAdvisory theCommittee Stateshall Treasury.elect from its members a Chair.

The State Treasurer shall deposit in the Fund:

(a) All money received by this State pursuant to any settlement entered into by the State of Nevada concerning the manufacture, distribution, sale and marketing of opioids;

and (b) All money recovered by this State from a judgment in a civil action by the State of Nevada concerning the manufacture, distribution, sale and marketing of opioids.

The StateAdvisory TreasurerCommittee shall administermeet at least twice annually at the Fund.call of the Chair or a majority of its members.

As administrator of the Fund, the State Treasurer:

(a) Shall maintain the financial records of the Fund;

(b) Shall invest the money in the Fund as the money in other state funds is invested;

(c) Shall manage any account associated with the Fund;

(d) Shall maintain any instruments that evidence investments made with the money in the Fund;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section;

and (f) May perform any other duties necessary to administer the Fund.

TheA interestmajority andof incomethe earnedmembers onof the moneyAdvisory inCommittee theconstitutes Funda must,quorum afterfor deductingthe anytransaction applicableof charges,business, beand crediteda to- the81st -Session *SB390_R1*(2021) – 710 – Fund.majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.

All claims against the Fund must be paid as other claims against the State are paid.

The StateDepartment Treasurershall mayprovide submitstaff assistance to the InterimAdvisory FinanceCommittee. Committee a request for an allocation for administrative expenses from the Fund pursuant to this section.

Sec.

7.9.

1.

On or before June 30 of each even-numbered year, the Advisory Committee shall submit to the Director of the Dep(a) The statewide needs assessment conducted pursuant to paragraph (a) of subsection 1 of section 9 of this act, including, without limitation, the establishment of priorities pursuant to paragraph (e) of subsection 1 of section 9.5 of this act;

and (b) The statewide plan to allocate money from the Fund developed pursuant to paragraph (b) of subsection 1 of section 9 of this act.

2.

When developing recommendations to be included in the report pursuant to subsection 1, the Advisory Committee shall consider:

(a) Health equity and identifying relevant disparities among racial and ethnic populations, geographic regions and special populations in this State;

and (b) The need to prevent overdoses, address disparities in access to health care and prevent substance use among youth.

3.

When developing recommendations concerning the establishment of priorities pursuant to paragraph (e) of subsection of section 9.5 of this act, the Advisory Committee shall use an objective method to define the potential positive and negative impacts of a priority on the health of the affected communities with an emphasis on disproportionate impacts to any population targeted by the priority.

subsection 1, the Advisory Committee must hold at least one public meeting to solicit comments from the public concerning the recommendations and make any revisions to the recommendations determined, as a result of the public comment received, to be necessary.

Sec.

8.

1.

The Fund for a Resilient Nevada is hereby created in the State Treasury.

Unless otherwise required by the applicable judgment or settlement, the Attorney General shall, after deducting any fees and costs imposed pursuant to an applicable contingent fee contract as described in NRS 228.111, deposit in the Fund all money received by this State pursuant to any judgment received or settlement entered into by the State of Nevada as a result of litigation concerning the manufacture, - 81st Session (2021) – 11 – distribution, sale or marketing of opioids conducted in accordance with the declaration of findings issued by the Governor and the Attorney General pursuant to paragraph (a) of subsection 1 of NRS 228.1111 on January 24, 2019.

2.

The Director of the Department shall administer the Fund.

3.

The interest and income earned on the money in the Fund Fund.

All claims against the Fund must be paid as other claimshe against the State are paid.

4.

To the extent authorized by the terms of any judgment or settlement described in subsection 1, the Director of the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section.

The annual allocation for administrative expenses from the Fund must not exceed 28 percent of the money indeposited theinto Fund, as calculated pursuant to subsection 5, each year to pay the costs incurred by the State Treasurer to administer the Fund.

For the purposes of this subsection, expenses directly related to conducting a statewide needs assessment pursuant to paragraph (a) of subsection 1 of section 9 of this act, developing the statewide plan to allocate money from the Fund pursuant to paragraph (b) of subsection 1 of section 9 of this act and allocating money from the Fund in accordance with that statewide plan do not constitute administrative expenses.

For the purposes of subsection 4, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.

6.

6.

Except as otherwise provided in subsection 4, all money that is deposited or paid into the Fund is hereby appropriated to of NRS, to carry out the provisions of sections 9 to 9.7, inclusive, of this act.

Except as otherwise provided in subsection 8, all money that is deposited or paid into the Fund is hereby appropriated to the Department to be used, subject to legislative authorization, to:

(a) Perform the duties prescribed by sections 9 and 9.5 of this act;

and (b) Award grants of money to state, regional, local and tribal agencies and nonprofit organizations pursuant to section 9 of this act.

SubjectThe toDepartment legislativemay authorization,accept and deposit into the DepartmentFund maygifts, spendgrants, moneydonations inand appropriations to support the Fundactivities fordescribed statewidein projects,sections including,9 withoutto limitation:9.7, inclusive, of this act.

(a)Sec. Workforce development;

(b) The collection and analysis of data;

and (c) Capital projects, including, without limitation, construction, purchasing and remodeling.

The Department may accept and transfer to the State Treasurer for deposit into the Fund gifts, grants, donations and appropriations to support the activities described in sections 7 to 9.5, inclusive, of this act.

10.

The Department shall submit all proposed expenditures from the Fund pursuant to subsection 8 and section 9 of this act to the Interim Finance Committee.

Upon approval of the appropriate committee or committees, the money may be so expended.

- *SB390_R1* – 8 – Sec.

9.

TheAt Departmentleast once every 4 years, the Department, in consultation with the Office, shall:

(a) CollaborateConduct with state, regional, local and tribal agencies and nonprofit organizations in this State to conduct a statewide needs assessment and solicit and evaluate plans to address the priorities identified in thataccordance assessmentwith pursuant to section 9.5 of this act.act;

(b)and Subject- to81st legislativeSession authorization,(2021) award– grants12 from– the(b) FundBased toon state,the regional,statewide localneeds andassessment, tribaldevelop agenciesor andrevise, nonprofitas organizationsapplicable, fora projectsstatewide thatplan addressto allocate the impactsmoney ofin opioidthe useFund disorderin andaccordance otherwith behavioralsection health9.6 disorders.of this act.

(c) Develop policies and procedures for the administration and distribution of grants pursuant to paragraph (b).

A condition of any such grant must be that not more than 8 percent of the grant may be used for administrative expenses or other indirect costs.

(d) In awarding grants pursuant to paragraph (b):

(1) Develop, solicit and accept applications for grants;

(2) Review and consider:

(I) The results of the needs assessment conducted and the proposals in the plans received pursuant to section 9.5 of this act;

and (II) Any recommendations of the Office of the Attorney General;

(3) Take into account any money received by a county or tribal agency of which the Department is notified pursuant to subsection 2 when determining the need for the grant;

(4) To determine the amount of any money that will be allocated to county and tribal agencies, use a formula that uses a multiplier based on the population of the county or the number of members of the tribe, as applicable, and the impact of opioid use disorder on the county or tribe;

and (5) Conduct annual evaluations of programs to which grants have been awarded.

(e) On or before January 31 of each year, transmit a report of all findings and recommendations made and grants awarded pursuant to this section to:

(1) The Governor;

(2) The Director of the Legislative Counsel Bureau for transmittal to:

(I) In odd-numbered years, the next regular session of the Legislature;

and (II) In even-numbered years, the Legislative Committee on Health Care and the Interim Finance Committee;

(3) The Commission;

(4) Each regional behavioral health policy board created by NRS 433.429;

- *SB390_R1* – 9 – (5) The Office of the Attorney General;

and (6) Any other committees or commissions the Director of the Department deems appropriate.

EachWhen countyperforming orthe tribalduties agencydescribed thatin appliessubsection for1, or receives a grant pursuant to this section shall notify the Department ofand any money received through a settlement or judgment concerning the manufacture,Office distribution,shall saleconsider: and marketing of opioids.

(a) The recommendations provided by the Advisory Committee in (b) The recommendations of state, regional, local and tribald governmental entities in this State whose work relates to opioid use disorders and other substance use disorders.

EachOn state, regional, local or tribalbefore agencyJanuary and31 anyof nonprofiteach organizationyear, thatthe receivesDepartment a grant pursuant to this section shall annuallytransmit submit to the Department a report concerning theall expenditurefindings ofand therecommendations moneymade that was received and themoney outcomesexpended ofpursuant theto projectssections onto which9.7, thatinclusive, moneyof wasthis spent.act to:

(a) The Governor;

(b) The Director of the Legislative Counsel Bureau for transmittal to:

(1) In odd-numbered years, the next regular session of the Legislature;

and (2) In even-numbered years, the Legislative Committee on Health Care and the Interim Finance Committee;

(c) The Commission;

(d) Each regional behavioral health policy board created by NRS 433.429;

(e) The Office of the Attorney General;

and (f) Any other committees or commissions the Director of the Department deems appropriate.

The Department may adopt any regulations or take such other actions as are necessary to carry out its duties pursuant to thissecSec. section.

Sec.

A statewide needs assessment conducted by the Department, in consultation with the Office, pursuant to paragraph (a) of subsection 1 of section 9 of this act must,must: to the extent that resources are available:

(b) Include an analysis of the impacts of opioid use and opioid use disorder on this State that uses quantitative and qualitative data concerning this State and the regions, counties and IndianNative American tribes in this State to determine the risk factors that contribute to opioid use, the use of substances and the rates of opioid use disorder, other substance use disorders and co-occurringco- occurring disorders among residents of this State.

- 81st Session (2021) – 13 – (c) Focus on health equity and identifying disparities across all racial and ethnic populations, geographic regions and special populationspop(d) Take into account the resources of state, regional, local and tribal agencies and nonprofit organizations, including, without limitation, any money recovered or anticipated to be recovered by county, local or tribal governmental agencies through judgments or settlements resulting from litigation concerning the manufacture, distribution, sale or marketing of opioids, and the programs currently existing in each geographic region of this State.State to address opioid use disorder and other substance use disorders.

Such(e) specialBased populationson include,the withoutinformation limitation,and veterans,analyses pregnantdescribed women,in parentsparagraphs of(a) dependentto children,(d), youth,inclusive, personsestablish whopriorities arefor lesbian,the gay,use bisexual,of transgenderthe andfunds questioning,described and persons and families involved in thesubsection criminal1 justiceof system,section juvenile8 justiceof systemthis andact. child welfare system.

(d) Take into account the resources of state, regional, local and tribal agencies and nonprofit organizations and the programs currently existing in each geographic region of this State to address opioid use disorder and other substance use disorders.

(e) Based on the information and analyses described in paragraphs (a) to (d), inclusive, input from interested persons and experts and established best practices for use of funds described in subsection 1 of section 8 of this act, establish a statement of priorities for the use of the funds described in subsection 1 of - *SB390_R1* – 10 – section 8 of this act by state, regional, local and tribal agencies and nonprofit organizations.

Theconsultation Departmentwith shallthe reviseOffice, shall:ssment, the statementDepartment, in (a) Use community-based participatory research methods or similar methods to conduct outreach to groups impacted by the use of prioritiesopioids, atopioid leastuse oncedisorder everyand 3other years.substance use disorders, including, without limitation:

2.(1) Persons and families impacted by the use of opioids and other substances;

When(2) conductingProviders a needs assessment, the Department and the state, regional, local and tribal agencies and nonprofit organizations with which it collaborates shall use community- based participatory research methods or similar methods to conduct outreach to groups impacted by the use of opioids,treatment for opioid use disorder and other substance use disorders,disorders; including, without limitation:

(a)(3) PersonsSubstance and families impacted by the use ofdisorder opioidsprevention andcoalitions; other substances;

(b)(4) ProvidersCommunities of treatmentpersons forin recovery from opioid use disorder and other substance use disorders;

(c)(5) SubstanceProviders of services to reduce the harms caused by opioid use disorder preventionand coalitions;other substance use disorders;

(d)(6) CommunitiesPersons ofinvolved persons in recoverythe fromchild opioidwelfare usesystem; disorder and other substance use disorders;

(e)(7) Providers of servicessocial toservices; reduce the harms caused by opioid use disorder and other substance use disorders;

(f)(9) TheProviders Office of thehealth Attorneycare General, the Department of Public Safety, the Department of Corrections and other persons and entities involvedthat inprovide lawhealth enforcementcare orservices; criminal justice;

(g)and Agencies(10) whichMembers provideof childdiverse welfarecommunities servicesdisproportionately andimpacted otherby personsopioid use and entitiesopioid involveduse indisorder; the child welfare system;

(h)and Providers(b) Conduct outreach to governmental agencies who interact with persons or groups impacted by the use of socialopioids, services;opioid use - 81st Session (2021) – 14 – disorder and other substance use disorders, including, without limitation:

(i)Public Faith-basedSafety, organizations;the Department of Corrections, courts, juvenilef justice agencies and other governmental agencies involved in law enforcement or criminal justice;

(j)(2) PublicAgencies healthwhich agencies;provide child welfare services and other governmental agencies involved in the child welfare system;

(k) Providers of health care and entities(3) thatPublic provide health careagencies. services;

andSec. (l) Members of diverse communities disproportionately impacted by opioid use and opioid use disorder.

9.6.

1.

The statewide plan to allocate money from the Fund established by the Department, in consultation with the Office, pursuant to paragraph (b) of subsection 1 of section 9 of this act must:

(a) Establish policies and procedures for the administration and distribution of money from the Fund;

(b) Allocate the money in the Fund for the purposes described in subsection 2;

and (c) Establish requirements governing the use of money all2.ateThe statewide plan may allocate money to:

(a) Statewide projects, which may include, without limitation:

(1) Expanding access to evidence-based prevention of substance use disorders, early intervention for persons at risk of a substance use disorder, treatment for substance use disorders and support for persons in recovery from substance use disorders;

(2) Programs to reduce the incidence and severity of neonatal abstinence syndrome;

(3) Prevention of adverse childhood experiences and early intervention for children who have undergone adverse childhood experiences and the families of such children;

(4) Services to reduce the harm caused by substance use;

(5) Prevention and treatment of infectious diseases in persons with substance use disorders;

(6) Services for children and other persons in a behavioral health crisis and the families of such persons;

substance use disorders;rsons who have or are in recovery from (8) Campaigns to educate and increase awareness of the public concerning substance use and substance use disorders;

(9) Programs for persons involved in the criminal justice or juvenile justice system and the families of such persons, including, without limitation, programs that are administered by courts;

- 81st Session (2021) – 15 – (10) The evaluation of existing programs relating to substance use and substance use disorders;

(11) Development of the workforce of providers of services relating to substance use and substance use disorders;

(12) The collection and analysis of data relating to substance use and substance use disorders;

substance) Causeal pdisorders,latincluding,stawithout andlimitation, construction, purchasing and remodeling;

and (14) Implementing the hotline for persons who are considering suicide or otherwise in a behavioral health crisis and providing services to persons who access that hotline in accordance with the provisions of sections 2 to 6, inclusive, of this act.

(b) Grants to regional, county, local and tribal agencies and private-sector organizations whose work relates to opioid use disorder and other substance use disorders.

BasedThe onprojects thedescribed needs assessment, state, regional, local and tribal agencies whose work relates to opioid use disorders and other substance use disorders shall, to the extent that resources are available, develop and submit to the Department for consideration a plan to address the priorities identified in theparagraph statement(a) of priorities,subsection including,2 many include, without limitation, prioritiesprojects related to themaximize preventionexpenditures ofthrough overdoses,federal, addressinglocal disparities in access to health care and theprivate preventionmatching ofcontributions. substance use among youth.

Such a plan must:

- *SB390_R1* – 11 – (a) Include, without limitation:

(1) A detailed description of the projects for which the state, regional, local or tribal agency proposes to receive funding pursuant to section 9 of this act and the priorities that each project will address;

(2) A timeline for each project described in subparagraph (1);

(3) A competitive process to allocate any funding that will be subgranted by the state, regional, local or tribal agency;

(4) A detailed description of the manner in which funding will be allocated to each project described in subparagraph (1);

(5) A detailed plan to oversee the activities performed under each project described in subparagraph (1);

(6) A summary of public comment provided pursuant to subsection 4;

and (7) A statement of any changes made to the plan as a result of that public comment.

(b) Be revised and resubmitted to the Department at least once every 3 years.

AThe state,Department, regional,in localconsultation orwith tribalthe agencyOffice, shall,may beforerevise submittingthe astatewide plan to allocate money from the Fund as necessary without conducting a statewide needs assessment pursuant to paragraph (a) of subsection 31 orof section 9 of this act so long as a revisionneeds thereof:assessment is conducted at the intervals required by that subsection.

(a)Sec. Hold at least three public hearings to solicit input from the public concerning the plan or revision, as applicable;

and9.7. (b) Make the plan or revision, as applicable, publicly available for at least 30 days and solicit public comment on the plan.

1.

If the Department awards grants pursuant to paragraph (b) of subsection 2 of section 9.6 of this act, the Dep(a) Develop, solicit and accept applications for those grants.

An application submitted by a regional, local or tribal governmental entity must include, without limitation:

(1) The results of a needs assessment that meets the requirements of section 9.8 of this act;

and (2) A plan for the use of the grant that meets the requirements of section 9.9 of this act.

(b) Coordinate with and provide support to regional, local and tribal governmental entities in conducting needs assessments and developing plans pursuant to paragraph (a).

(c) Consider any money recovered or anticipated to be recovered by county, local or tribal governmental agencies through judgments received or settlements entered into as a result - 81st Session (2021) – 16 – of litigation concerning the manufacture, distribution, sale or marketing of opioids.

have been awarded.ual evaluations of programs to which grants 2.

To the extent authorized by the terms of any judgment or settlement described in subsection 1 of section 8 of this act, the recipient of a grant pursuant to paragraph (b) of subsection 2 of section 9.6 of this act may use not more than 8 percent of the grant for administrative expenses related to the grant or the projects supported by the grant.

3.

The recipient of a grant pursuant to paragraph (b) of subsection 2 of section 9.6 of this act shall annually submit to the Department a report concerning the expenditure of the money that was received and the outcomes of the projects on which that money was spent.

4.

If a regional, local or tribal governmental entity that receives a grant pursuant to paragraph (b) of subsection 2 of section 9.6 of this act later recovers money through a judgment or distribution, sale or marketing of opioids:erning the manufacture, (a) The regional, local or tribal governmental entity must immediately notify the Department;

and (b) The Department may recover from the governmental entity an amount not to exceed the amount of the grant or the amount of the recovery, whichever is less.

TheA Departmentregional, shalllocal coordinateor withtribal andgovernmental provideentity supportthat receives a grant pursuant to regional,paragraph local(b) of subsection 2 of section 9.6 of this act shall conduct a new needs assessment and tribalupdate agenciesits developingplan plansfor pursuantthe touse subsectionof 3.the grant at intervals prescribed by regulation of the Department, which must be not less than every 4 years.

6.

As used in this section, “substance use disorder prevention coalition” means a coalition of persons and entities who possess knowledge and experience related to the prevention of substance use and substance use disorders in a region of this State.

10.9.8.

NRS1. 218E.405 is hereby amended to read as follows:

218E.405A 1.needs assessment conducted pursuant to subparagraph (1) of paragraph (a) of subsection 1 of section 9.7 of this act by a regional, local or tribal governmental entity applying for a grant must:

Except(a) asBe otherwiseevidence-based. provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.

use disorder on the area under the jurisdiction of the applicantid that uses quantitative and qualitative data to determine the risk factors that contribute to opioid use, the use of substances and the rates of opioid use disorder, other substance use disorders and co- occurring disorders among residents of the area.

- 81st Session (2021) – 17 – (c) Focus on health equity and identifying disparities across all racial and ethnic populations, geographic regions and special populations in the area under the jurisdiction of the applicant.

(d) Take into account the resources of the applicant and the programs currently existing in the area under the jurisdiction of the applicant to address opioid use disorder and other substance use(e) Based on the information and analyses described in paragraphs (a) to (d), inclusive, establish priorities for the use of the funds for which the applicant is applying.

DuringWhen conducting a regularneeds orassessment, speciala session,regional, thelocal Interimor Financetribal Committeegovernmental mayentity alsoapplying performfor thea dutiesgrant imposedshall: on it by NRS 228.1111, subsection 5 of NRS 284.115, NRS 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.224, 353C.226, paragraph (b) of subsection - *SB390_R1* – 12 – 4 of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830, subsection 1 of NRS 445C.320 and NRS 538.650 [.] and section 8 of this act.

(a) Use community-based participatory research methods or similar methods to conduct outreach to groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation:

(1) Persons and families impacted by the use of opioids and other substances;

(2) Providers of treatment for opioid use disorder and other substance use disorders;

(3) Substance use disorder prevention coalitions;

(4) Communities of persons in recovery from opioid use disorder and other substance use disorders;

(5) Providers of services to reduce the harms caused by opioid use disorder and other substance use disorders;

(6) Persons involved in the child welfare system;

(7) Providers of social services;

(8) Faith-based organizations;

(9) Providers of health care and entities that provide health care s(10) Members of diverse communities disproportionately impacted by opioid use and opioid use disorder;

and (b) Conduct outreach to governmental agencies that interact with persons or groups impacted by the use of opioids, opioid use disorder and other substance use disorders, including, without limitation:

(1) Courts, juvenile justice agencies and other governmental agencies involved in law enforcement or criminal justice;

(2) Agencies which provide child welfare services and other governmental agencies involved in the child welfare system;

and (3) Public health agencies.

- 81st Session (2021) – 18 – Sec.

9.9.

1.

A plan for the use of grant money by a state, local or tribal governmental entity developed pursuant to subparagraph (2) of paragraph (a) of subsection 1 of section 9.7 of this act must:

(a) Establish policies and procedures for the administration and distribution of the grant money for which the governmental ent(b) Describe the projects to which the governmental entity is proposing to allocate grant money;

and (c) Establish requirements governing the use of the grant money.

2.

A plan for the use of grant money by a state, local or tribal governmental entity may allocate money pursuant to paragraph (b) of subsection 1 to:

(a) Projects and programs to:

(1) Expand access to evidence-based prevention of substance use disorders, early intervention for persons at risk of a substance use disorder, treatment for substance use disorders and support for persons in recovery from substance use disorders;

(2) Reduce the incidence and severity of neonatal abstinence syndrome;

(3) Prevent incidents of adverse childhood experiences and increase early intervention for children who have undergone adverse childhood experiences and the families of such children;

(4) Reduce the harm caused by substance use;

(5) Prevent and treat infectious diseases in persons with substance use disorders;

(6) Provide services for children and other persons in a behavioral health crisis and the families of such persons;

and recovery from substance use disorders;who have or are in (b) Campaigns to educate and increase awareness of the public concerning substance use and substance use disorders;

(c) Programs for persons involved in the criminal justice or juvenile justice system and the families of such persons, including, without limitation, programs that are administered by courts;

(d) Evaluation of existing programs relating to substance use and substance use disorders;

(e) Development of the workforce of providers of services relating to substance use and substance use disorders;

(f) The collection and analysis of data relating to substance use and substance use disorders;

and - 81st Session (2021) – 19 – (g) Capital projects relating to substance use and substance use disorders, including, without limitation, construction, purchasing and remodeling.

3.

The projects described in subsection 2 may include, without limitation, projects to maximize expenditures through federal, local and private matching contributions.

218E.405 1.S 218Except as otherwise provided in subsection 2, the Interim Finance Committee may exercise the powers conferred upon it by law only when the Legislature is not in a regular or special session.

2.

During a regular or special session, the Interim Finance Committee may also perform the duties imposed on it by NRS 228.1111, subsection 5 of NRS 284.115, NRS 285.070, subsection 2 of NRS 321.335, NRS 322.007, subsection 2 of NRS 323.020, NRS 323.050, subsection 1 of NRS 323.100, subsection 3 of NRS 341.126, NRS 341.142, paragraph (f) of subsection 1 of NRS 341.145, NRS 353.220, 353.224, 353.2705 to 353.2771, inclusive, 353.288, 353.335, 353C.224, 353C.226, paragraph (b) of subsection of NRS 407.0762, NRS 428.375, 439.4905, 439.620, 439.630, 445B.830, subsection 1 of NRS 445C.320 and NRS 538.650 [.] and section 8 of this act.

The Chair of the Interim Finance Committee may appoint a subcommittee consisting of six members of the Committee to reviewtheieState andmPublic makeWorksdatioDivision recommendations to the Committee on matters of thethettee StateoDepartmentof Public Works Division of the Department of Administration that require prior approval of the Interim Finance Committee pursuant to subsection 3 of NRS 341.126, NRS 341.142 and paragraph (f) of subsection 1 of NRS 341.145.

- 81st Session (2021) – 20 – Sec.

10.3.

NRS 233B.039 is hereby amended to read as follows:

from the requirements of this chapter:es are entirely exempted (a) The Governor.

(b) Except as otherwise provided in NRS 209.221, the Department of Corrections.

(c) The Nevada System of Higher Education.

(d) The Office of the Military.

(e) The Nevada Gaming Control Board.

(f) Except as otherwise provided in NRS 368A.140 and 463.765, the Nevada Gaming Commission.

(g) Except as otherwise provided in NRS 425.620, the Division of Welfare and Supportive Services of the Department of Health and Human Services.

(h) Except as otherwise provided in NRS 422.390, the Division of Health Care Financing and Policy of the Department of Health and Human Services.

the State Engineer.herwise provided in NRS 533.365, the Office of (j) The Division of Industrial Relations of the Department of Business and Industry acting to enforce the provisions of NRS 618.375.

(k) The Administrator of the Division of Industrial Relations of the Department of Business and Industry in establishing and adjusting the schedule of fees and charges for accident benefits pursuant to subsection 2 of NRS 616C.260.

(l) The Board to Review Claims in adopting resolutions to carry out its duties pursuant to NRS 445C.310.

(m) The Silver State Health Insurance Exchange.

(n) The Cannabis Compliance Board.

2.

Except as otherwise provided in subsection 5 and NRS 391.323, the Department of Education, the Board of the Public Employees’ Benefits Program and the Commission on Professional Standards in Education are subject to the provisions of this chapter contested case.

of adopting regulations but not with respect to any 3.

The special provisions of:

(a) Chapter 612 of NRS for the adoption of an emergency regulation or the distribution of regulations by and the judicial review of decisions of the Employment Security Division of the Department of Employment, Training and Rehabilitation;

- 81st Session (2021) – 21 – (b) Chapters 616A to 617, inclusive, of NRS for the determination of contested claims;

Administrator of the Securities Division of the Office of the of the Secretary of State;

and (d) NRS 90.800 for the use of summary orders in contested cases,  prevail over the general provisions of this chapter.

4.

The provisions of NRS 233B.122, 233B.124, 233B.125 and 233B.126 do not apply to the Department of Health and Human Services in the adjudication of contested cases involving the issuance of letters of approval for health facilities and agencies.

5.

The provisions of this chapter do not apply to:

(a) Any order for immediate action, including, but not limited to, quarantine and the treatment or cleansing of infected or infested animals, objects or premises, made under the authority of the State Board of Agriculture, the State Board of Health, or any other agency of this State in the discharge of a responsibility for the preservation of (b) An extraordinary regulation of the State Board of Pharmacy adopted pursuant to NRS 453.2184;

(c) A regulation adopted by the State Board of Education pursuant to NRS 388.255 or 394.1694;

(d) The judicial review of decisions of the Public Utilities Commission of Nevada;

(e) The adoption, amendment or repeal of policies by the Rehabilitation Division of the Department of Employment, Training and Rehabilitation pursuant to NRS 426.561 or 615.178;

(f) The adoption or amendment of a rule or regulation to be included in the State Plan for Services for Victims of Crime by the Department of Health and Human Services pursuant to NRS 217.130;

(g) The adoption, amendment or repeal of rules governing the conduct of contests and exhibitions of unarmed combat by the Nevada Athletic Commission pursuant to NRS 467.075;

[or] Director of the Department of Health and Human Services pursuant to NRS 447.335 to 447.350, inclusive [.] ;

or (i) The adoption, amendment or repeal of the statewide plan to allocate money from the Fund for a Resilient Nevada created by section 8 of this act established by the Department of Health and Human Services pursuant to paragraph (b) of subsection 1 of section 9 of this act.

- 81st Session (2021) – 22 – 6.

The State Board of Parole Commissioners is subject to the provisions of this chapter for the purpose of adopting regulations but not with respect to any contested case.

10.6.

1.

As soon as practicable after the effective date of this section:

(a) The Attorney General shall appoint to the Advisory Committ(1) The members described in paragraphs (a) and (b) of subsection 2 of section 7.7 of this act to initial terms that expire on July 1, 2022.

(2) The members described in paragraphs (c) and (d) of subsection 2 of section 7.7 of this act to initial terms that expire on July 1, 2023.

(b) The Office of Minority Health and Equity of the Department shall appoint to the Advisory Committee:

(1) The members described in paragraphs (a), (b) and (c) of subsection 3 of section 7.7 of this act to initial terms that expire on July 1, 2022.

(2) The members described in paragraphs (d), (e) and (f) of subsection 3 of section 7.7 of this act to initial terms that expire on July 1, 2023.

(c) The Director of the Department shall appoint to the Advisory Committee:

(1) The members described in paragraphs (a), (b) and (c) of subsection 4 of section 7.7 of this act to initial terms that expire on July 1, 2022.

(2) The members described in paragraphs (d) to (g), inclusive, of subsection 4 of section 7.7 of this act to initial terms that expire on July 1, 2023.

(a) “Advisory Committee” means the Advisory Committee for a Resilient Nevada created by section 7.7 of this act.

(b) “Department” means the Department of Health and Human Services.

Sec.

Any state agency that has received money from a settlement or judgment inas a civilresult actionof by the Statelitigation ofdescribed Nevadain concerningsubsection the1 manufacture,of distribution,section sale8 and marketing of opioidsthis act before January 1, 2022, shall, to the extent authorized by the settlement or judgment, transfer to the StateDirector Treasurerof the Department of Health and Human Services any portion of such money that remains uncommitted for deposit in the Nevada Fund for HealthyA CommunitiesResilient Nevada pursuant to section 8 of this act.

11.5.

1.

During the 2022-2023 interim, the Department of Health and Human Services, in consultation with the Office of - 81st Session (2021) – 23 – Minority Health and Equity of the Department, may, without further legislative authorization, use money in the Fund For A Resilient Nevada created by section 8 of this act to conduct an initial statewide needs assessment and develop an initial statewide plan to spend the money in the Fund pursuant to section 9 of this act.

2.

The Department, in consultation with the Office, shall:

initial statewide plan developed pursuant to subsection 1 for thehe remainder of the 2022-2023 interim;

and (b) Obtain the approval of the Interim Finance Committee for that budget before money from the Fund is used for the purposes described in the plan.

Notwithstanding the provisions of section 8 of this act, such approval is sufficient to authorize the use of money from the Fund as prescribed in the budget for the remainder of the 2022-2023 interim.

Sec.

This section and sectionsections 137 to 13, inclusive, of this act become effective upon passage and approval.

Sections 1 to 12,6, inclusive, of this act become effective:

(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative taskstas(b) thatOn areJanuary necessary1, to2022, carryfor outall theother provisionspurposes.ns of this act;

and -~~~~~ *SB390_R1*21 –- 1381st –Session (b)(2021) On January 1, 2022, for all other purposes.

H - *SB390_R1*