SB 69 — Revises provisions relating to behavioral health. (BDR 39-431)

(1) the abuse, neglect, exploitation, isolation or abandonment of an older person or orvulnerable regulationsperson; governing nursing.

If(2) the Divisionabuse certifies peer recovery supporttutes specialists and peer recovery support specialist supervisors pursuant to sections 9 and 31.5 and a peer recovery support specialist or peerneglect recovery support specialist supervisor is reported to have abused, neglected, exploited, isolated or abandoned an older person or vulnerable person, section 18 of thisa billchild; requires the submission of the information in the report to the Division.

Sectionand 25(3) ofviolations this bill makes a conforming change to reflect the replacement of thestatutes requirementor thatregulations peer support recovery organizations must be licensed with a requirement that peer recovery support specialists and peer recovery support specialist supervisors must be specialists and certified peer recovery support specialist supervisors fromrt provisions governing certainnursing. other professions related to behavioral health.

If the Division certifies peer recovery support specialists and peer recovery support specialist supervisors pursuant to sections 9 and 31.5 and a peer recovery support specialist or peer recovery support specialist supervisor is reported to have abused, neglected, exploited, isolated or abandoned of the information in the report to the Division.

Section 25 of this bill makes asion conforming change to reflect the replacement of the requirement that peer support recovery organizations must be licensed with a requirement that peer recovery support specialists and peer recovery support specialist supervisors must be certified.

Sections 29-31 of this bill exempt certified peer recovery support specialists and certified peer recovery support specialist supervisors from provisions governing certain other professions related to behavioral health.

(NRS 389.520) Existing regulations establish - *SB69_R1* – 4 – standards of content and performance for health in the sixth, seventh and eighth grades and high school that include instruction related to substance use, misuse and abuse.

Section 32 of this bill requires the board of trustees of each school district and the governing body of each charter school to submit to the Legislative Committee on Education aga report that describes any curriculum or program concerning substance misuse or substance use disorders used or offered in the school district or charter school, as applicable, during the 2020-2021 school year.

Section 20 of this bill requires the board of trustees of each school district and the governing body of each charter school that operates a middle school, junior high school or high school to ensure that the school district or charter school participates in the biennial survey administered pursuant to the Youth Risk Behavior Surveillance System developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, which is a system pursuant to which a survey is administered every other year to a sampling of pupils in grades 6 to 12, inclusive, to collect data concerning health- risk behaviors by such pupils.

(1) the parent or guardian - 81st Session (2021) – 4 – of a pupil who is an unemancipated minor to refuse consent to the administration of the survey to the pupil;

(NRS 458.025) Section 26 of this bill requires the State Board of Health toprevention adoptcoalitions, regulationswhich providingare forcoalitions theof certificationpersons ofand substanceentities usewho disorderpossess knowledge and experience related to the prevention of substance misuse andssessand substance use disorders in regions of this State.

Section 26 also prescribes the duties of a certified substance use disorder prevention coalition, and section 27 of this bill makes a conforming change to indicate the placement of section 26 within the Nevada Revised Statutes.

change to indicate the placement of section 26 within EXPLANATION – Matter in bolded italics is new;

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

- *SB69_R1* – 5 – Sec.

“Peer recovery support specialist” means aan personadult who is authorized under the provisions of section 8 of this act to provide peer recovery support services to adults for compensation as a regular part of his or her job duties.

- 81st Session (2021) – 5 – adult who is authorized under the provisions of section 8 of this act to provide peer recovery support services for compensation as a regular part of his or her job duties while the adult is acquiring the experience necessary for certification as a peer recovery support specialist.

6.5.

“Peer recovery support specialist intern” means a person who is authorized under the provisions of section 8 of this act to provide peer recovery support services to adults for compensation as a regular part of his or her job duties.

Sec.

“Peer recovery support specialist supervisor” means aan personadult who is authorized under the provisions of section 8 of this act to supervise the provision of peer recovery support services to adults for compensation as a regular part of his or her job duties.

Except as authorized by subsection 2, aan personadult shall not:

(a) Provide peer recovery support services to adults for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to provide peer recovery support services unless he or she holds a valid certificate as a peer recovery support specialist issued by the Nevada Certification Board or its successor org(b) Supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to adultssupervise the provision of peer recovery support services unless he or she holds a valid certificate as a peer recovery support specialist supervisor issued by the Nevada Certification Board or its successor organization.

(b) Supervise the provision of peer recovery support services to adults for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to supervise the provision of peer recovery support services to adults unless he or she holds a valid certificate as a peer recovery support specialist supervisor issued by the Nevada Certification Board or its successor organization.

If the Nevada Certification Board or its successor organization establishes conditions governing the provision of peer recovery support services by a person who is not certified as a peer recovery support specialist while the person is acquiring the experience necessary for certification as a peer recovery support specialist, suchan adult who is not certified as a personpeer recovery support specialist may:

- *SB69_R1* – 6 – (a) Provide peer recovery support services to adults for compensation as a regular part of his or her job duties under those conditions;

and (b) Use the title of “peer recovery support specialist intern” while providing peer recovery support services under thosethoseintern” conditions.

The Division may impose upon aan personadult who violates this section a civil penalty in an amount prescribed by regulation of the Board.

- 81st Session (2021) – 6 – (a) The requirements for the issuance and renewal of a certificate as a peer recovery support specialist or peer recovery support specialist supervisor, which must include, without limitation, required training and experience for peer recovery supervisors.pecialists and peer recovery support specialist (b) Requirements governing the supervision of peer recovery support specialists andby peer recovery support specialist supervisors.

(b) Requirements governing the supervision of peer recovery support specialists by peer recovery support specialist supervisors.

(a)application Includesubmitted to the socialDivision.ber security number of the applicant in the application(b) submittedSubmit to the Division.Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520.

(b) Submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department pursuant to NRS 425.520.

- *SB69_R1* – 7 – 2.

or (b)- Indicates81st onSession the(2021) statement– submitted7 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 the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a natural person who is the holder of a certificate, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

Sec.

1.1.arreThe Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirements set forth in this section.

The Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery - *SB69_R1* – 8 – support specialist supervisor to an applicant who meets the requirements set forth in this section.

2.- 81st Session (2021) – 8 – this section must submit to the Division with his or herrsuant to application:

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

(c) The fee prescribed by the Board in the regulations adopted pursuantpur(d) toAny sectionother 9information ofrequired thisby act;the Division.

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

The Division may issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirementsthe setDivision forthan inapplication thisfor section.such a certificate if the applicant:

An(a) applicantHolds maya submitcorresponding tovalid theand Divisionunrestricted anlicense, applicationcertificate foror suchother credential as a certificatepeer ifrecovery support specialist or peer recovery support specialist supervisor, as applicable, in the applicant:District of Columbia or any state or territory of the United States;

(a) Holds a corresponding valid and unrestricted license, certificate or other credential as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in the - *SB69_R1* – 9 – District of Columbia or any state or territory of the United States;

- 81st Session (2021) – 9 – 2.

(1) Satisfies the requirements of subsection 1;

Unless the Division denies the application for good cause, the Division shall approve the application and issue a certificate by endorsement as a peer recovery support specialist or peer recovery support specialist supervisor, as applicable, to the applicant not later than 45 days after receiving all the additional information required by the Division to complete the application.

- *SB69_R1* – 10 – Sec.

In addition to any other requirements set forth in sections 2 to 15.7, inclusive, of this act, an applicant for the renewal of a certificate as a recovery support specialist or recovery support specialist supervisor must indicate in the application - 81st Session (2021) – 10 – submitted to the Division whether the applicant has a state business license.

If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliancecom2.iaA withcertificate themay provisionsnot ofbe chapterrenewed 76if:6 of NRS.

2.

A certificate may not be renewed if:

The Division may bring an action in the name of the State of Nevada to enjoin any personadult from engaging in conduct that violates the provisions of section 8 of this act.

Sec.Secs.

15.2.15.2 and 15.4.

1.(Deleted by amendment.) to provide or supervise the provision of peer recovery supportrson services in a position where the person has regular and substantial contact with minors or retaining a person as an independent contractor to provide or supervise the provision of peer recovery support services in such a position and every 5 years thereafter, an employer, or person or entity who retained the independent contractor shall:

The(a) DivisionObtain shallfrom securethe fromemployee appropriateor lawindependent enforcementcontractor agencieswritten informationauthorization onfor the backgroundrelease and personal history of everyany personinformation whothat ismay employedbe oravailable retainedfrom asthe anStatewide independentCentral contractorRegistry for the purposeCollection of providingInformation orConcerning supervising the provisionAbuse ofor peerNeglect recoveryof supporta servicesChild toestablished apursuant minor to determineNRS whether432.100; the person has, within the immediately preceding 5 years, been:

(a)and Named(b) inComplete a substantiatedchild reportabuse asand causingneglect screening through the Central Registry to determine whether there has been a substantiated report of child abuse or neglect ofor a child,violation asof defined- in81st Session (2021) – 11 – NRS 392.281;201.540, 201.560, 392.4633 or 394.366 made against the person.

(b) Convicted of violating NRS 201.540 or 201.560 or a similar statute in another jurisdiction;

or (c) Found to have committed a violation of NRS 392.4633 or 394.366 or a similar statute in another jurisdiction.

TheExcept Divisionas shallotherwise requestprovided informationin concerningany eachregulations personadopted whopursuant isto employedsubsection or4, retainedupon asreceiving information pursuant to that an employee or independent contractor -described *SB69_R1*inr –source 11subsection –1 forhas, within the purposeimmediately preceding 5 years, had a substantiated report of providingchild abuse or supervisingneglect or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made against him or her, the provisionemployer or person or entity who retained the independent contractor shall terminate the employment or contract of peerthe recoveryemployee supportor servicesindependent contractor, as applicable, after allowing the employee or independent contractor time to acorrect minorthe from:information as required pursuant to subsection 3.

(a) The Central Repository for Nevada Records of Criminal History for its report concerning a conviction in this State of any of the crimes set forth in paragraph (b) of subsection 1 and for submission to the Federal Bureau of Investigation for its report pursuant to section 15.4 of this act;

and (b) The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 to determine whether:

(1) There has been a substantiated report of child abuse or neglect made against any such person;

or (2) Any such person has been found to have committed a violation listed in paragraph (c) of subsection 1.

TheIf Divisionan mayemployee chargeor eachindependent contractor described in subsection 1 believes that the information provided to the employer or person investigatedor entity who retained the independent contractor pursuant to thissubsection section2 foris incorrect, the reasonableemployee costor ofindependent thatcontractor investigation.must inform the employer, person or entity immediately.

4.

The information required to be obtained pursuant to subsections 1 and 2 must be requested for an initial background check before the employee or independent contractor provides or supervises the provision of peer recovery support services to a minor, and then at least once every 5 years thereafter.

5.

A person who is required to submit to an investigation required pursuant to this section shall not provide or supervise the provision of peer recovery support services to a minor without supervision before the investigation of the background and personal history of the person has been conducted.

Sec.

15.4.

1.

Every person who is employed or retained as an independent contractor for the purpose of providing or supervising the provision of peer recovery support services to a minor shall submit to the Division, or to the person or agency designated by the Division, to enable the Division to conduct an investigation pursuant to section 15.2 of this act, a:

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

and (b) Written authorization for the Division to obtain any information that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

2.

If a person who is employed or retained as an independent contractor for the purpose of providing or supervising the provision of peer recovery support services to a minor has, within - *SB69_R1* – 12 – the immediately preceding 5 years, had a substantiated report of child abuse or neglect filed against him or her, been convicted of a crime listed in paragraph (b) of subsection 1 of section 15.2 of this act or been found to have committed a violation listed in paragraph (c) of that subsection, the Division must immediately notify the employer of the person or the person or entity with whom the person has contracted, who shall then comply with the provisions of section 15.6 of this act.

3.

A person or entity shall notify the Division as soon as practicable but not later than 24 hours after hiring an employee or retaining an independent contractor for the purpose of providing or supervising the provision of peer recovery support services to a minor.

4.

A person who is employed or retained as an independent contractor for the purpose of providing or supervising the provision of peer recovery support services to a minor shall notify the employer or the person or entity who retained the person as an independent contractor not later than 24 hours after:

(a) Being charged with or convicted of a crime listed in paragraph (b) of subsection 1 of section 15.2 of this act or being investigated for or found to have committed a violation listed in paragraph (c) of that subsection;

(b) Receiving notice that he or she is the subject of an investigation for child abuse or neglect;

or (c) Receiving notice that a report of abuse or neglect has been substantiated against him or her.

5.

A person or entity shall notify the Division within 2 days after receiving notice that an employee or independent contractor of the person or entity who provides or supervises the provision of peer recovery support services to a minor:

(a) Has been charged with a crime listed in paragraph (b) of subsection 1 of section 15.2 of this act;

or (b) Is being investigated for child abuse or neglect or a violation listed in paragraph (c) of subsection 1 of section 15.2 of this act.

6.

The Division shall adopt regulations to establish civil penalties to be imposed against any person or entity that fails to comply with the requirements of this section.

Sec.

15.6.

1.

Except as otherwise provided in this section, upon receiving information pursuant to section 15.4 of this act from the Central Repository for Nevada Records of Criminal History or the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100, from an employee or independent contractor who provides or supervises the provision - *SB69_R1* – 13 – of peer recovery support services to a minor or from any other source that such an employee or independent contractor has, within the immediately preceding 5 years, had a substantiated report of child abuse or neglect made against him or her, been convicted of a crime listed in paragraph (b) of subsection 1 of section 15.2 of this act or been found to have committed a violation listed in paragraph (c) of that subsection, the employer or person or entity who retained the independent contractor shall terminate the employment or contract of the employee or independent contractor, as applicable, after allowing the employee or independent contractor time to correct the information as required pursuant to subsection 2.

2.

If an employee or independent contractor who provides or supervises the provision of peer recovery support services to a minor believes that the information provided to the employer or person or entity who retained the independent contractor pursuant to subsection 1 is incorrect, the employee or independent contractor must inform the employer, person or entity immediately.

3.4.

The Division, in consultation with each agency which provides child welfare services, may establish by regulation a process by which it may review evidence upon request to determine whether an employee or independent contractor whodescribed providesin orsubsection supervises1 thewho provision of peer recovery support services to a minor and has, within the immediately preceding 5 years, hadof aNRS substantiated201.540, report201.560, of392.4633 child abuse or neglect394.366 made against himhimlation or her,her been convicted of a crime listed in paragraph (b) of subsection 1 of section 15.2 of this act or been found to have committed a violation listed in paragraph (c) of that subsection may continue to provide or supervise the provision of peer recovery support services toand ahave minor,regular despiteand thesubstantial conviction,contact findingwith orminors despite the report.

4.

If a process for review is established pursuant to subsection 3, an employee or independent contractor who provides or supervises the provision of peer recovery support services to a minor may request such a review in the manner established by the Division.

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

DuringIf anya periodprocess infor which an employee or independent contractor seeks to correct information pursuant to subsection 2 or requests a review ofis informationestablished pursuant to subsection 4, itan is - *SB69_R1* – 14 – within the discretion of the employer or person or entity who retained the independent contractor whether to allow the employee or independent contractor todescribed continuein tosubsection work1 formay therequest employer,such persona orreview entity,in as applicable, except that the employeemanner orestablished independentby contractor shall not provide or supervise the provisionDivision. of peer recovery support services to a minor without supervision during such a period.

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

TheDuring any period in which an employee or independent contractor seeks to correct information pursuant to subsection 3 or requests a review of information pursuant to subsection 5, it is within the discretion of the employer or person or entity who - 81st Session (2021) – 12 – retained the independent contractor whether to allow the employee or independent contractor to continue to work for the employer, person or entity, as applicable, except that the employee or independent contractor shall not have regular and substantial con7.ctThe Division shall adopt regulations to establish civil penalties to be imposed against any person or entity that fails to comply with the requirements of this section.

7.8.

A person or entity that employs a person or retains an independent contractor for the purpose of providing or supervising the provision of peer recovery support services toin a minorposition where the person has regular and substantial contact with minors shall maintain records of the information concerning such employees and independent contractors that is collected pursuant to sectionssection 15.215.6 and 15.4 of this act, including, without limitation:limitation, the written authorization for the release of information from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History;

(b) Proof that the employee or independent contractor submitted fingerprints to the Central Repository for Nevada Records of Criminal History;

and (c) The written authorization to obtain information from the Central Repository and the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100.

(a) Maintained for the period that the employee or independent contractor provideshas orregular supervisesand thesubstantial provisioncontact ofwith peerminors; recovery support services to a minor;

15.8.

NRS 179A.075 is hereby amended to read as follows:

179A.075 1.

The Central Repository for Nevada Records of Criminal History is hereby created within the Records, Communications and Compliance Division of the Department.

2.

Each agency of criminal justice and any other agency dealing with crime shall:

(a) Collect and maintain records, reports and compilations of statistical data required by the Department;

and (b) Submit the information collected to the Central Repository:

- *SB69_R1* – 15 – (1) In the manner approved by the Director of the Department;

and (2) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation.

3.

Each agency of criminal justice shall submit the information relating to records of criminal history that it creates, issues or collects, and any information in its possession relating to the DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913, to the Division.

The information must be submitted to the Division:

(a) Through an electronic network;

(b) On a medium of magnetic storage;

or (c) In the manner prescribed by the Director of the Department,  within 60 days after the date of the disposition of the case.

If an agency has submitted a record regarding the arrest of a person who is later determined by the agency not to be the person who committed the particular crime, the agency shall, immediately upon making that determination, so notify the Division.

The Division shall delete all references in the Central Repository relating to that particular arrest.

4.

Each state and local law enforcement agency shall submit Uniform Crime Reports to the Central Repository:

(a) In the manner prescribed by the Director of the Department;

(b) In accordance with the policies, procedures and definitions of the Uniform Crime Reporting Program of the Federal Bureau of Investigation;

and (c) Within the time prescribed by the Director of the Department.

5.

The Division shall, in the manner prescribed by the Director of the Department:

(a) Collect, maintain and arrange all information submitted to it relating to:

(1) Records of criminal history;

and (2) The DNA profile of a person from whom a biological specimen is obtained pursuant to NRS 176.09123 or 176.0913.

(b) When practicable, use a record of the personal identifying information of a subject as the basis for any records maintained regarding him or her.

(c) Upon request, provide, in paper or electronic form, the information that is contained in the Central Repository to the Committee on Domestic Violence appointed pursuant to NRS 228.470 when, pursuant to NRS 228.495, the Committee is reviewing the death of the victim of a crime that constitutes domestic violence pursuant to NRS 33.018.

- *SB69_R1* – 16 – 6.

The Division may:

(a) Disseminate any information which is contained in the Central Repository to any other agency of criminal justice;

(b) Enter into cooperative agreements with repositories of the United States and other states to facilitate exchanges of information that may be disseminated pursuant to paragraph (a);

and (c) Request of and receive from the Federal Bureau of Investigation information on the background and personal history of any person whose record of fingerprints or other biometric identifier the Central Repository submits to the Federal Bureau of Investigation and:

(1) Who has applied to any agency of the State of Nevada or any political subdivision thereof for a license which it has the power to grant or deny;

(2) With whom any agency of the State of Nevada or any political subdivision thereof intends to enter into a relationship of employment or a contract for personal services;

(3) Who has applied to any agency of the State of Nevada or any political subdivision thereof to attend an academy for training peace officers approved by the Peace Officers’ Standards and Training Commission;

(4) For whom such information is required or authorized to be obtained pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.123 and 449.4329 [;] and section 15.2 of this act;

or (5) About whom any agency of the State of Nevada or any political subdivision thereof is authorized by law to have accurate personal information for the protection of the agency or the persons within its jurisdiction.

7.

To request and receive information from the Federal Bureau of Investigation concerning a person pursuant to subsection 6, the Central Repository must receive:

(a) The person’s complete set of fingerprints for the purposes of:

(1) Booking the person into a city or county jail or detention facility;

(2) Employment;

(3) Contractual services;

or (4) Services related to occupational licensing;

(b) One or more of the person’s fingerprints for the purposes of mobile identification by an agency of criminal justice;

or (c) Any other biometric identifier of the person as it may require for the purposes of:

(1) Arrest;

or (2) Criminal investigation, - *SB69_R1* – 17 –  from the agency of criminal justice or agency of the State of Nevada or any political subdivision thereof and submit the received data to the Federal Bureau of Investigation for its report.

8.

The Central Repository shall:

(a) Collect and maintain records, reports and compilations of statistical data submitted by any agency pursuant to subsection 2.

(b) Tabulate and analyze all records, reports and compilations of statistical data received pursuant to this section.

(c) Disseminate to federal agencies engaged in the collection of statistical data relating to crime information which is contained in the Central Repository.

(d) Investigate the criminal history of any person who:

(1) Has applied to the Superintendent of Public Instruction for the issuance or renewal of a license;

(2) Has applied to a county school district, charter school or private school for employment or to serve as a volunteer;

or (3) Is employed by or volunteers for a county school district, charter school or private school,  and immediately notify the superintendent of each county school district, the governing body of each charter school and the Superintendent of Public Instruction, or the administrator of each private school, as appropriate, if the investigation of the Central Repository indicates that the person has been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or convicted of a felony or any offense involving moral turpitude.

(e) Upon discovery, immediately notify the superintendent of each county school district, the governing body of each charter school or the administrator of each private school, as appropriate, by providing the superintendent, governing body or administrator with a list of all persons:

(1) Investigated pursuant to paragraph (d);

or (2) Employed by or volunteering for a county school district, charter school or private school whose fingerprints were sent previously to the Central Repository for investigation,  who the Central Repository’s records indicate have been convicted of a violation of NRS 200.508, 201.230, 453.3385 or 453.339, or convicted of a felony or any offense involving moral turpitude since the Central Repository’s initial investigation.

The superintendent of each county school district, the governing body of a charter school or the administrator of each private school, as applicable, shall determine whether further investigation or action by the district, charter school or private school, as applicable, is appropriate.

(f) Investigate the criminal history of each person who submits one or more fingerprints or other biometric identifier or has such - *SB69_R1* – 18 – data submitted pursuant to NRS 62B.270, 62G.223, 62G.353, 424.031, 432A.170, 432B.198, 433B.183, 449.122, 449.123 or 449.4329 [.] or section 15.2 of this act.

(g) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website an annual report containing the statistical data relating to crime received during the preceding calendar year.

Additional reports may be posted to the Central Repository’s Internet website throughout the year regarding specific areas of crime if they are approved by the Director of the Department.

(h) On or before July 1 of each year, prepare and post on the Central Repository’s Internet website a report containing statistical data about domestic violence in this State.

(i) Identify and review the collection and processing of statistical data relating to criminal justice by any agency identified in subsection 2 and make recommendations for any necessary changes in the manner of collecting and processing statistical data by any such agency.

(j) Adopt regulations governing biometric identifiers and the information and data derived from biometric identifiers, including, without limitation:

(1) Their collection, use, safeguarding, handling, retention, storage, dissemination and destruction;

and (2) The methods by which a person may request the removal of his or her biometric identifiers from the Central Repository and any other agency where his or her biometric identifiers have been stored.

9.

The Central Repository may:

(a) In the manner prescribed by the Director of the Department, disseminate compilations of statistical data and publish statistical reports relating to crime.

(b) Charge a reasonable fee for any publication or special report it distributes relating to data collected pursuant to this section.

The Central Repository may not collect such a fee from an agency of criminal justice or any other agency dealing with crime which is required to submit information pursuant to subsection 2.

All money collected pursuant to this paragraph must be used to pay for the cost of operating the Central Repository.

(c) In the manner prescribed by the Director of the Department, use electronic means to receive and disseminate information contained in the Central Repository that it is authorized to disseminate pursuant to the provisions of this chapter.

10.

As used in this section:

- *SB69_R1* – 19 – (a) “Mobile identification” means the collection, storage, transmission, reception, search, access or processing of a biometric identifier using a handheld device.

(b) “Personal identifying information” means any information designed, commonly used or capable of being used, alone or in conjunction with any other information, to identify a person, including, without limitation:

(1) The name, driver’s license number, social security number, date of birth and photograph or computer-generated image of a person;

and (2) A biometric identifier of a person.

(c) “Private school” has the meaning ascribed to it in NRS 394.103.

Sec.

16.

(Deleted by amendment.) Sec.

and (b)- Make81st suchSession a(2021) report– as13 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.

- *SB69_R1* – 20 – 4.

A report must be made pursuant to subsection 1 by the followingfol(a) persons:Every physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS , peer recovery support specialist, as defined in section 6 of this act, peer recovery support specialist supervisor, as defined in section 7 of this act, 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.

(a)the Everyadmission, physician,examination, dentist,care dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practicaltreatment nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS,persons perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or aanged limited license issued under the provisions of chapter 653 of NRS , peer recovery support specialist, as defined in sectionadministrator, 6manager ofor thisother act,person peer recovery support specialist supervisor, as defined in sectioncharge 7 of thisa act,hospital or othersimilar personinstitution providingupon medicalnotification servicesof licensedthe orsuspected certifiedabuse, toneglect, practiceexploitation, inisolation this State, who examines, attends or treatsabandonment of an older person or vulnerable person whoby appearsa tomember haveof beenthe abused,staff neglected,of exploited,the isolatedhospital. or abandoned.

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

(e)- Every81st personSession who(2021) maintains– 14 – provide nursing in the home.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 ananng - *SB69_R1* – 21 – older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.

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

The written - 81st Session (2021) – 15 – findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commenceinvestigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 330 workingdays days.after the completion of the report to the:

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

- *SB69_R1* – 22 – 9.

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 in the Office of the Attorney General created pursuant to NRSNRSSec. 228.265.

Sec.

Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations- of81st theSession abuse,(2021) neglect,– exploitation,16 isolation– or abandonment of an older person or a vulnerable person is available only to:

(e) A person engaged in bona fide research, but the identity of thethe(f) subjectsA ofgrand jury upon its determination that access to such records is necessary in 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;

- *SB69_R1* – 23 – (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 the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

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

(2)- The81st identitySession of(2021) the– person17 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.

- *SB69_R1* – 24 – Sec.

Except as otherwise provided in subsection 2, the board of trustees of each school district and the governing body of each charter school that operates a middle school, junior high school or high school shall ensure that the school district or charter school, as applicable, participates in the biennial survey administered pursuant to the Youth Risk Behavior Surveillance System developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, or any equivalent or successor system developed by the Centers for Disease Control and Prevention.

- 81st Session (2021) – 18 – 2.

(a) The pupil is an unemancipated minor and the parent or guardian of the pupil has refused to consent to the administration of (b) The pupil has refused to participate in the survey pursuant to subsection 5;5.

or (b) The pupil has refused to participate in the survey pursuant to subsection 5.

- *SB69_R1* – 25 – (a) The parent or guardian of a pupil who is an unemancipated minor may refuse to provide consent to the administration of the survey described in subsection 1 by completing and submitting the form described in subsection 3, or any other written refusal of consent, to the principal or other person in charge of the public school in which the pupil is enrolled.

Within 1 year after an older patient sustains damage to his or her property as a result of any act or failure to act by a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home, an intermediary service organization, a community health worker pool [, a peer support recovery organization] or an agency to provide nursing- in81st theSession home(2021) in– protecting19 the– property, the older patient may file a verified complaint with the Division setting forth the details of the damage.

If the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines that the facility, home, agency, pool or organization is liable for damages to the patient, the Attorney for the Rights of Older Persons and Persons with aaatient, the Physical Disability, an Intellectual Disability or a Related Condition shall order the amount of the surety bond pursuant to NRS 449.065 or the substitute for the surety bond necessary to pay for the damages pursuant to NRS 449.067 to be released to the Division.

- *SB69_R1* – 26 – (a) “Agency to provide nursing in the home” has the meaning ascribed to it in NRS 449.0015;

(c) “Community health worker pool” has the meaning ascribed to (d) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0028;449.0038;

(d) “Facility for intermediate care” has the meaning ascribed to it in NRS 449.0038;

- 81st Session (2021) – 20 – (h) “Older patient” has the meaning ascribed to it in NRS 449.065;

and (j)]it “Residentialin NRS 449.017.al facility for groups” has the meaning ascribed to itSec. in NRS 449.017.

Sec.

NRS(Deleted 432.100by isamendment.) herebySec. amended to read as follows:

432.100 1.

There is hereby established a Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child.

This Central Registry must be maintained by the Division.

2.

The Central Registry must contain:

(a) The information in any substantiated report of child abuse or neglect made pursuant to NRS 392.303 or 432B.220;

(b) The information in any substantiated report of a violation of NRS 201.540, 201.560, 392.4633 or 394.366 made pursuant to NRS 392.303;

(c) Statistical information on the protective services provided in this State;

and (d) Any other information which the Division determines to be in furtherance of NRS 392.275 to 392.365, inclusive, 432.097 to 432.130, inclusive, and 432B.010 to 432B.400, inclusive.

3.

The Division may release information contained in the Central Registry to an employer:

(a) If the person who is the subject of a background investigation by the employer provides written authorization for the release of the information;

and (b) Either:

(1) The employer is required by law to conduct the background investigation of the person for employment purposes;

or - *SB69_R1* – 27 – (2) The person who is the subject of the background investigation could, in the course of his or her employment, have regular and substantial contact with children or regular and substantial contact with elderly persons who require assistance or care from other persons,  but only to the extent necessary to inform the employer whether the person who is the subject of the background investigation has been found to have abused or neglected a child.

4.

Except as otherwise provided in this section or by specific statute, information in the Central Registry may be accessed only by:

(a) An employee of the Division;

(b) An agency which provides child welfare services;

(c) An employee of the Division of Public and Behavioral Health of the Department who is obtaining information in accordance with NRS 432A.170 [;] or section 15.2 of this act;

and (d) With the approval of the Administrator, an employee or contractor of any other state or local governmental agency responsible for the welfare of children who requests access to the information and who demonstrates to the satisfaction of the Administrator a bona fide need to access the information.

Any approval or denial of a request submitted in accordance with this paragraph is at the sole discretion of the Administrator.

Sec.

(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, - *SB69_R1* – 28 – 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- welfare81st ofSession the(2021) infant– to21 an– agency which provides child welfare services for appropriate counseling, training or other services.

AAe 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.

(c) A coroner.

- *SB69_R1* – 29 – (i) Except as otherwise provided in NRS 432B.225, an attorney.

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

- 81st Session (2021) – 22 – (m) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.

5.

A report may be made by any other person.

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

- *SB69_R1* – 30 – (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;

- 81st Session (2021) – 23 – (a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

(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 been informed of his or her duty (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

1.disorders;facility for the treatment of alcohol or other substance use 2.

A facility for the treatment of alcohol or other substance use disorders;

2.

- *SB69_R1* – 31 – 7.

Sec.Secs.

23.23 and 24.

(Deleted by amendment.) - 81st Session (2021) – 24 – Sec.

24.

(Deleted by amendment.) Sec.

449.030 Except as otherwise provided in NRS 449.03013 [, 449.03015] and 449.03017, no person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.029 to 449.2428, inclusive.inclusive.ing a license Sec.

Sec.

Except as otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, [peer support recovery organization,] residential facility for groups, home for individual residential care, agency to provide personal care services in the home and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the Division of Public and Behavioral Health a surety bond:

(b) If the facility, agency, organization or home employs at least 7 but not more than 25 employees, in the amount of $25,000;

The bond must be payable to the Aging and Disability Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient who the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Related Condition determines has suffered property damage as a result of any act or failure to act by the facility, agency, organization or home to protect the property of the older patient.

A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Division of Public and Behavioral Health, but - *SB69_R1* – 32 – the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility, agency, organization or home to protect the property of the older patient alleged to have occurred while the bond was in effect.

5.- 81st Session (2021) – 25 – agency, organization or home is no longer covered by a surety bondty, as required by this section or by a substitute for the surety bond pursuant to NRS 449.067.

A license is suspended by operation of law when the facility, agency, organization or home is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067.

7.section does not apply to a facility for intermediate care, facility for skilled nursing, [peer support recovery organization,] residential facility for groups, home for individual residential care, agency to provide personal care services in the home or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, [peer support recovery organization,] residential facility for groups, home for individual residential care, agency to provide personal care services in the home or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

As a substitute for the surety bond required pursuant to NRS 449.065, a facility for intermediate care, a facility for skilled nursing, [a peer support recovery organization,] a residential facility for groups, a home for individual residential care, an agency to provide personal care services in the home and an agency to provide nursing in the home may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Division of Public and BehavioralBehavioralroval Health:

- *SB69_R1* – 33 – (b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States;

or (c)- Any81st obligationSession of(2021) this– State26 or– any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.

The deposit must be an amount at least equal to the surety bond required by NRS 449.065 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging and Disability Services Division.

Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a community health worker pool, a facility for intermediate care, a facility for skilled nursing, a provider of community-based living arrangement services, a hospital described in 42 U.S.C.

§ 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, [a peer support - *SB69_R1* – 34 – recovery organization,] the distinct part of a hospital which meets the- requirements81st ofSession a(2021) skilled– nursing27 facility– or nursing facility pursuant to 42 C.F.R.

§ 483.5, a hospital that provides swing-bedswing-bedy services as described in 42 C.F.R.

Sec.

25.

NRS 449.0915 is hereby amended to read as follows:

The Division may issue an endorsement as aalows: crisis stabilization center to the holder of a license to operate a psychiatric hospital that meets the requirements of this section.

crisis stabilization center to the holder of a license to operate a psychiatric hospital that meets the requirements of this section.

(b) Operates in accordance with established administrative protocols, evidence-based protocols for providing treatment and evidence-based standards for documenting information concerning servicesbest renderedpractices andfor recipientsproviding ofcrisis suchstabilization servicesservices;ance in accordance with best(c) practicesDelivers for providing crisis stabilization services;services:

(c) Delivers crisis stabilization services:

and - *SB69_R1*81st Session (2021) – 3528 – (3) In a manner that promotes concepts that are integral to recovery for persons with mental illness, including, without limitation, hope, personal empowerment, respect, social connections, self-responsibility and self-determination;

(d) Employs [qualified persons] peer recovery support specialists, as defined in section 6 of this act, to provide peerpeerrt recovery support services, as defined in [NRS 449.01566,] section 5 of this act, when appropriate;

and (i) Considers whether each patient would be better served by another facility and transfer a patient to another facility when appropriate.app4.priCrisis stabilization services that may be provided pursuant to paragraph (c) of subsection 3 may include, without limitation:

4.

Crisis stabilization services that may be provided pursuant to paragraph (c) of subsection 3 may include, without limitation:

and (d) Coordination of aftercare for patients, including, without limitation, at least one follow-up contact with a patient not later than 72 hours after the patient is discharged.

An endorsement as a crisis stabilization center must be renewed at the same time as the license to which the endorsement - 81st Session (2021) – 29 – applies.

and - *SB69_R1* – 36 – (b) Proof that the psychiatric hospital is accredited by the Commission on Accreditation of Rehabilitation Facilities, or its successor organization, or the Joint Commission, or its successor organization.

§ 1395ww(d)(1)(B)(iv), a psychiatric hospital that provides inpatient services to children, a psychiatric residential treatment facility, [a peer support recovery organization,] a residential facility for groups, a program of hospice care, a home for individual residential care, a facility for the care of adults during the day, a facility for hospice care, a nursing pool, the distinct part of a hospital which meets the requirements of a skilled nursing facility or nursing facility pursuant to 42 C.F.R.

(1)- Murder,81st voluntarySession manslaughter(2021) – 30 – (2) Assault or battery with intent to kill or to commit sexual assault or mayhem;

(2)(3) AssaultSexual orassault, batterystatutory withsexual intentseduction, toincest, killlewdness or toindecent commitexposure, sexualor assaultany orother mayhem;sexually related crime that is punished as a felony;

- *SB69_R1* – 37 – (3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;

(8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediatelyimmedia(9) precedingAbuse, 7neglect, years;exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(9) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995, inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;

(13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property,propert(14) withinAny other felony involving the immediatelyuse precedingor 7threatened years;use of force or violence against the victim or the use of a firearm or other deadly weapon;

(14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon;

or - 81st Session (2021) – 31 – (c) The applicant or licensee has had a substantiated report of child abuse or neglect made against him or her and if the facility, hospital, agency, program or home provides residential services to children, is a psychiatric hospital that provides inpatient services to childrenchi2.renIn addition to the grounds listed in NRS 449.160, the Division may suspend or isrevoke the license of a psychiatriclicensee residentialto treatmentoperate facility.an agency to provide personal care services in the home, an agency to provide nursing in the home [,] or a community health worker pool [or a peer support recovery organization] if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

- *SB69_R1* – 38 – 2.

In addition to the grounds listed in NRS 449.160, the Division may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home, an agency to provide nursing in the home [,] or a community health worker pool [or a peer support recovery organization] if the licensee has, in violation of NRS 449.125, continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.

Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association;

ororcordance with the standards of the American Heart 3.

and - 81st Session (2021) – 32 – (b) Establishing requirements governing the membership of and geographic region served by substance use disorder prevention coalitions.

The regulations adopted pursuant to this paragraph must align with nationally recognized standards for substance use disorder prevention coalitions and must provide that a geographic region may be served by more than one substancesubstancee that use disorder prevention coalition.

- *SB69_R1* – 39 – 2.

(b) Convene interested persons and entities to promote the use of evidence-based strategies to address needs concerning services for the prevention of substance misuse and substance use services disorders and improve such services in the geographic region served by the coalition.

(e) Coordinate with persons and entities in this State who provide services related to the prevention of substance misuse and substance- use81st disordersSession to(2021) increase– 33 – and reduce duplication of efforts.e the awareness of such services (f) In consultation with other persons and reduceentities duplicationin this State who provide services related to the prevention of efforts.substance use disorders, submit an annual report to the regional behavioral health policy board for the geographic region served by the substance use disorder prevention coalition.

(f) In consultation with other persons and entities in this State who provide services related to the prevention of substance use disorders, submit an annual report to the regional behavioral health policy board for the geographic region served by the substance use disorder prevention coalition.

- *SB69_R1* – 40 – (1) Identification of the specific needs of the geographic region served by the coalition concerning the prevention of substance misuse and substance use disorders;

and (II) Gaps in services related to the prevention of substance misuse and substance use disorders and the need for additionaladditi(3) servicesThe instrategies thatused region;by the coalition and the results of those strategies;

(3) The strategies used by the coalition and the results of those strategies;

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

Sec.- 81st Session (2021) – 34 – 632.472 1.

28.

NRS 632.472 is hereby amended to read as follows:

632.472 1.

(a) Any physician, dentist, dental hygienist, chiropractor, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, nursing assistant, medication aide - certified, perfusionist, physician assistant licensed pursuant to chapter 630 or 633 of NRS, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, alcohol or drug counselor, peer recovery support specialist, peer recovery support - *SB69_R1* – 41 – specialist supervisor, music therapist, holder of a license or limited license issued pursuant to chapter 653 of NRS, driver of an ambulance, paramedic or other person providing medical services licensed or certified to practice in this State.

(b) Any personnel of a medical facility or facility for the dependent engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a medical facility or facility for the dependent upon notification by a member of the staff of the facility.

(h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.off(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons.

(l) Any person who operates or is employed by a community health worker pool or with whom a community health worker pool - 81st Session (2021) – 35 – contracts to provide the services of a community health worker, as defined in NRS 449.0027.

[(m) Any person who operates or is employed by a peer support recovery organization.] 2.facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility.

Every physician who, as a member of the staff of a medical facility or facility for the dependent, has reason to believe that a nursing assistant or medication aide - certified has engaged in conduct which constitutes grounds for the denial, suspension or revocation of a certificate shall notify the superintendent, manager or other person in charge of the facility.

- *SB69_R1* – 42 – 4.

(c) [“Peer support recovery organization” has the meaning ascribed to it in NRS 449.01563449.01563.] (d)] “Peer recovery support specialist” has the meaning ascribed to it in section 6 of this act.

[(e)] (d) “Peer recovery support specialist supervisor” has the meaning ascribed to it in section 7 of this act.

Sec.641.029 The provisions of this chapter do not apply to:ws:

29.

NRS 641.029 is hereby amended to read as follows:

641.029 The provisions of this chapter do not apply to:

- 81st Session (2021) – 36 – 7.

A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problemNRS;lem gambling counselor intern, pursuant to chapter 641C of NRS;8.

8.

Any member of the clergy, - *SB69_R1* – 43 –  if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

5.or clinical professional counselor intern pursuant to chapter 641A of NRS;

A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

- 81st Session (2021) – 37 – [9.] 10.

Any person who may engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker;wor[11.] 12.

A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or [11.]facility 12.recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection of NRS 641B.275.

A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275.

- *SB69_R1* – 44 – 1.

A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;

A clinical professional counselor or clinical professional counselorcou5.eloA internmarriage whoand isfamily licensedtherapist pursuantor tomarriage chapterand 641AfamilyRS; of NRS;

5.therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;

A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling persons with alcohol and other substance use disorders or the practice of counseling persons with an addictive disorder related to gambling;

or - 81st Session (2021) – 38 – 7.

Except as authorized by subsection 2, aan personadult shall not:

(a) Provide peer recovery support services to adults for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to provide peer recovery support services to adults unless he or she holds a valid certificate as a peer recovery support specialist issued by the [Nevada Certification Board or its successor organization.] Division.

(b) Supervise the provision of peer recovery support services to adults for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to supervise the provision of peer recovery support services to - *SB69_R1* – 45 – adults unless he or she holds a valid certificate as a peer recovery support specialist supervisor issued by the [Nevada Certification Board or its successor organization.] Division.

[If the Nevada Certification Board or its successor organization establishes] The Division may adopt regulations establishing conditions [governing the provision of peer recovery support services by] under which aan personadult who is not certified as a peer recovery support specialist [while the person is acquiring the experience necessary for certification as a peer recovery support specialist, suchan adult who is not cert(a) Provide peer recovery support services to adults for compensation as a person]regular may:part of his or her job duties [under those conditions;] while acquiring the experience necessary for certification;

(a) Provide peer recovery support services to adults for compensation as a regular part of his or her job duties [under those conditions;] while acquiring the experience necessary for certification;

The Division may impose upon aan personadult who violates this section a civil penalty in an amount prescribed by regulation of the Board.

On or before September 30, 2021, the board of trustees of each school district and the governing body of each charter school shall submit to the Department of Education a report that describes any curriculum or program concerning substance misuse and substance use disorders used or offered in the school - 81st Session (2021) – 39 – district or charter school, as applicable, during the immediately preceding school year.

On or before October 31, 2021, the Department of Education shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislative Committee on Education created by NRS 218E.605 a report that summarizes the information containedcontainedy in the reports submitted to the Department pursuant to subsection 1.

Notwithstanding any provision of this act to the contrary, any personadult who provides or supervises the provision of peer recovery support services to adults as a regular part of his or her job duties on or before January 1, 2022, may continue to do so without obtaining a certificate from the Nevada Certification Board or its successor organization as required by section 8 of this act until July 31, 2023.

To provide or supervise peer recovery support services on or after August 1, 2023, such aan personadult must obtain a certificate from that organization as required by section 8 of this act.

Notwithstanding any provision of this act to the contrary, anyan personadult who holds a valid certification as a peer recovery support specialist or peer recovery support specialist supervisor issued by the Nevada Certification Board or its successor organization on the - *SB69_R1* – 46 – date on which that organization ceases certifying peer recovery support specialists or peer recovery support specialist supervisors may provide or supervise the provision of peer recovery support services to adults as a regular part of his or her job duties without being certified by the Division of Public and Behavioral Health of the Department of Health and Human Services until 6 months after the date on which the Division begins certifying peer recovery support specialists and peer recovery support specialist supervisors pursuant to the regulations adopted by the State Board of Health pursuant totont section 9 of this act.

To provide or supervise the provision of peer recovery support services to adults as a regular part of his or her job duties after that date, such aan personadult must obtain a certificate from the Division as required by section 8 of this act, as amended by section 31.5 of this act.

- 81st Session (2021) – 40 – Sec.

Sections 1 to 3, inclusive, 5 to 8, inclusive, 15 to 17, inclusive, 20.3 to 31, inclusive, and 33 to 36, inclusive, of this act becomebec(a) effective:Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;

§ 666 requiring each state to establish procedures under which the state has authority to - *SB69_R1* – 47 – withhold or suspend, or to restrict the use of professional, occupational and recreational licenses of persons who:

LEADLINES~~~~~ OF21 REPEALED- SECTIONS81st 449.01563Session “Peer(2021) support recovery organization” defined.

449.01566 “Peer support services” defined.

449.03015 Facility for the dependent or medical facility that employs providers of peer support services not required to obtain additional license.

449A.060 “Peer support recovery organization” defined.

449A.062 “Peer support services” defined.

H - *SB69_R1*