AB 366 — Revises provisions governing mental health records. (BDR 54-456)

(ReprintedAssembly withBill amendmentsNo. adopted on May 18, 2021) FIRST REPRINT A.B.

366366–Assemblywoman ATolles SSEMBLYJoint BSponsor: ILLN O.

366–ASSEMBLYWOMANSenator TSpearman OLLESCHAPTER.......... M ARCH 22, 2021 ____________ JOINT S PONSOR :

ENATOR SPEARMAN ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing mental health records.

(BDR 54-456) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

This bill also prohibits the inclusion of personally identifiableof the - *AB366_R1* – 2 – information concerning a patient or client unless the patient or client, as applicable, inhas theprovided recording.ificspecific informed written consent to the inclusion of that information THEin PEOPLEthe OFrecording. THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

629.021 “Health care records” means , except as otherwise provided in section 2, 3, 4 or 5 of this act, any reports, notes, orders, photographs, X-rays or other recorded data or information whether maintained in written, electronic or other form which is received or produced by a provider of health care, or any person employed by a provider of health care, and contains information relating- to81st theSession medical(2021) history,– examination,2 diagnosis– or treatment of the patient.

Themedical termhistory, doesexamination, notdiagnosis include a recording used for a training activity by a program of education for mental health professionals, a mental health professional or atreatment personSec. receiving training for mental health professionals that is not required to be retained pursuant to section 2, 3, 4 or 5 of this act.

Sec.

(c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4;

andandnoncompliance (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.

(a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, - *AB366_R1* – 3 – and any regulations adopted thereto, that are designed to prevent the reproduction, copying or theft of the recording;

3.

The Board shall adopt regulations:

- 81st Session (2021) – 3 – (b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a psychologist to a patient for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it;

Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a psychologist to a patient that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

6.

Sec.thereto a new section to read as follows:y amended by adding 1.

3.

Chapter 641A of NRS is hereby amended by adding thereto a new section to read as follows:

1.

- *AB366_R1* – 4 – (b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

- 81st Session (2021) – 4 – (c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4;

and (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of 2.bseA recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client used for the purpose described in paragraph (a) of subsection 3.1:

2.

A recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client used for the purpose described in paragraph (a) of subsection 1:

(b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a marriage and family therapist or clinical professional counselor to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it;

- *AB366_R1* – 5 – 5.

Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a - 81st Session (2021) – 5 – marriage and family therapist or clinical professional counselor to a client that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health not a health care record for the purposes of chapter 629 of NRS.is 6.

(c) Destroying the recording does not result in noncompliance withwit(d) The recording is destroyed after the obligationsexpiration describedof inthe period of time prescribed by the Board pursuant to paragraph (b) of subsection 4;3.

and (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.