Nevada 2023 Regular Session Status: Enacted

AB 202 — Revises provisions governing electronic communication devices in certain health care facilities. (BDR 40-46)

Last action — Chapter 221.

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

This bill has been enacted into law. Introduced February 20, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 07, 2023.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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

Bill Text

What changed in the latest version

341 added · 351 removed

341 line(s) added, 351 removed.

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(Reprinted with amendments adopted on April 13, 2023) FIRST REPRINT A.B.
Assembly Bill No.
202 A SSEMBLY BILL NO .
202–Assemblywoman Summers-Armstrong CHAPTER..........
202–ASSEMBLYWOMAN SUMMERS -ARMSTRONG FEBRUARY 20, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing electronic communication devices in certain health care facilities.
(BDR 40-46) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
No.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Section 9 of this a patient to request the installation and use of an electronic communication devicef such in the living quarters of the patient under certain circumstances.
Section 9 of this bill authorizes a patient in a facility for skilled nursing or the representative of such a patient to request the installation and use of an electronic communication device requirements, section 9 requires the patient or representative of the patient to:
Among other requirements, section 9 requires the patient or representative of the patient to:
Section 8 of this for those purposes.
Section 8 of this bill prescribes the requirements to act as the representative of a patient or roommate for those purposes.
Section 9 requires a facility for skilled nursing to make roommate - *AB202_R1* – 2 – reasonable efforts to accommodate a patient whose roommate fails to provide such consent.
Section 9 requires a facility for skilled nursing to make reasonable efforts to accommodate a patient whose roommate fails to provide such consent.
Section 9 also authorizes a patient, representative or roommate to revoke a request for, or consent to, the installation and use of an electronic communication device.
Section 9 also authorizes a patient, representative or roommate to revoke a device.
Section 9 requires a facility for skilled nursing to approve a request for the installation and use of an electronic communication device if the applicable requirements are met.
for, or consent to, the installation and use of an electronic communication Section 9 requires a facility for skilled nursing to approve a request for the installation and use of an electronic communication device if the applicable requirements are met.
If such approval is granted, section 10 of this bill provides electronic communication device, subject to certain limitations;
If such approval is granted, section 10 of this bill provides that the patient or his or her representative is responsible for:
and (2) the cost of installing, maintaining and removing the electronic communication device.
(1) choosing the electronic communication device, subject to certain limitations;
Section 11 of this bill generally prohibits a person other than the patient or the representative for the patient who has requested the installation and use of an electronic communication device from intentionally:
and (2) the cost of installing, maintaining and removing the electronic communication device and any device.
required due to the installation or removal of the electronic communication Section 11 of this bill generally prohibits a person other than the patient or the representative for the patient who has requested the installation and use of an electronic communication device from intentionally:
and (2) viewing or listening to any images or sounds which are displayed, broadcast or recorded by any such device except as otherwise authorized.
and (2) viewing or listening to any images or sounds which are displayed, broadcast or an attorney for a patient or certain government officials to view or listen to any images or sounds which are displayed, broadcast or recorded by an electronic communication device or to temporarily disable or turn off such a device.
Section 11 authorizes images or sounds which are displayed, broadcast or recorded by an electronicto any communication device or to temporarily disable or turn off such a device.
Sections and 11 authorize a patient or the representative of a patient to authorize additional persons to view or listen to images or sounds which are displayed, - 82nd Session (2023) – 2 – broadcast or recorded by an electronic communication device.
Sections 9 and 11 authorize a patient or the representative of a patient to authorize additional persons to view or listen to images or sounds which are displayed, broadcast or recorded by an electronic communication device.
Section 12 of this bill subjects a person or entity who violates thetion provisions of section 11 to certain civil and criminal penalties, and section 1 of this bill subjects a facility for skilled nursing that violates the provisions of sections 3- 14 of this bill to disciplinary action.
Section 12 of this bill subjects a person or entity who violates thetion provisions of section 11 to certain civil and criminal penalties, and section 1 of this bill subjects a facility for skilled nursing that violates the provisions of sections 3- of this bill to disciplinary action.
(1) authorizes a facility for skilled nursing to post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in use in that living quarters;
(1) requires a facility for skilled nursing to post a notice in a conspicuous place at the entrance to the living such a device is in use in that living quarters;
and (2) prohibits an employee at a facility for skilled nursing from refusing to enter the living quarters an electronic communication device is in use in the living quarters.
and (2) prohibits an employee at at facility for skilled nursing from refusing to enter the living quarters of a patient or fail to perform any of the duties of the employee on the grounds that an electronic communication device is in use in the living quarters.
Section 14 ofhat this bill:
Section 14 of this bill:
(1) authorizes the State Board of Health to adopt regulations necessary to carry out the provisions of sections 3-14;
(1) authorizes the State Board of Health to adopt regulations necessary to carry out the inapplicable to an electronic communication device that is installed by a law enforcement agency and used solely for a legitimate law enforcement purpose.
and (2) makes the provisions of sections 3-14 inapplicable to an electronic communication device that is installed by a law enforcement agency and used solely for a legitimate law enforcement purpose.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, or of - *AB202_R1* – 3 – any other law of this State or of the standards, rules and regulations adopted thereunder.
(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410 or 449.029 to 449.245, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.
- 82nd Session (2023) – 3 – (f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.
(h) Failure to comply with the provisions of sections 3 to 14, inclusive, of this act and any regulation adopted pursuant thereto.
(h) Failure to comply with the provisions of sections 3 to 14, inc2.sivIn addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
2.
In addition to the provisions of subsection 1, the Division may revoke a license to operate a facility for the dependent if, with respect to that facility, the licensee that operates the facility, or an agent or employee of the licensee:
The facility shall make the information available to the public pursuant to NRS 449.2486.
pursuant to NRS 449.2486.
- *AB202_R1* – 4 – 4.
the information available to the public 4.
Sec.
- 82nd Session (2023) – 4 – Sec.
Sec.
resides.6.
6.
“Living quarters” means the room in which a patient Sec.
Show all 80 changed rows (40 more)
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“Living quarters” means the room in which a patient resides.
Sec.
Sec.
representative of the patient may request the installation and use of an electronic communication device in the living quarters of the patient by submitting to the facility for skilled nursing:
9.
(a) A completed form prescribed by the facility pursuant to subsection 3;
1.
A patient in a facility for skilled nursing or the representative of the patient may request the installation and use of an electronic communication device in the living quarters of the patient by submitting to the facility for skilled nursing:
- *AB202_R1* – 5 – (a) A completed form prescribed by the facility pursuant to subsection 3;
(b) The name and contact information for any person other than the patient or his or her representative who is authorized to view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic communication device pursuant to subsection 3 of section 11 of this act;
(b) The name and contact information for any person other than the patient or his or her representative who is authorized to - 82nd Session (2023) – 5 – view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic communication device pursuant to subsection 3 of section 11 of this act;
(c) An agreement by the patient or the representative of the patient to, except as otherwise provided by section 11 of this act:
(c) An agreement by the patient or the representative of the patien(1) Waive the patient’s right to privacy in connection witht:
(1) Waive the patient’s right to privacy in connection with use of the electronic communication device;
use of the electronic communication device;
and (II) Release the facility for skilled nursing and any employee of the facility from any administrative, civil or criminal liability for a violation of the roommate’s right to privacy in connection with use of the electronic communication device;
and (II) Release the facility for skilled nursing and any employee of the facility from any administrative, civil or criminal liability for a violation of the roommate’s right to privacy in connection with the use of the electronic communication device;
and (e) If the request is submitted by the representative of the patient, proof that the representative of the patient meets the requirements of section 8 of this act.
and (e) If the request is submitted by the representative of the requirements of section 8 of this act.
3.
of the patient meets the 3.
To the extent practicable, such a form must be provided in a language chosen by the patient or the representative of the patient.
- *AB202_R1* – 6 – (a) An explanation of the provisions of sections 3 to 14, inclusive, of this act;
(a) An explanation of the provisions of sections 3 to 14, inclusive, of this act;
5.
- 82nd Session (2023) – 6 – 5.
If the roommate or the representative of the roommate of a patient who wishes to submit a request pursuant to subsection 1, or whose representative wishes to submit such a request, refuses to provide consent and enter into the agreement required by paragraph (d) of subsection 2, the facility for skilled nursing shall make reasonable attempts to accommodate the patient.
If the roommate or the representative of the roommate of a patient who wishes to submit a request pursuant to subsection 1, or whose representative wishes to submit such a request, refuses to provide consent and enter into the agreement required by make reasonable attempts to accommodate the patient.
Such reasonable attempts may include, without limitation, moving either the patient or his or her roommate to different living quarters with the consent of the person being moved or his or her representative.
Suchursing shall reasonable attempts may include, without limitation, moving either the patient or his or her roommate to different living quarters with the consent of the person being moved or his or her representative.
Upon the submission of such a written revocation, the facility for skilled nursing shall cause the removal of any electronic communication device that has been installed.
Not later than 24 hours after the submission of such a written revocation, the facility for skilled nursing shall cause the removal of any electronic communication device that has been installed.
(a) Choosing the electronic communication device, subject to the limitations prescribed by subsection 2;
(a) Choosing the electronic communication device, subject to the limitations prescribed by subsection 3;
and (b) The cost of the electronic communication device and the cost of installing, maintaining and removing the electronic communication device, if applicable, other than the cost of electricity used to power the electronic communication device.
(c) The cost of installing, maintaining and removing the electronic communication device, if applicable, other than the cost of electricity used to power the electronic communication device;
and (d) The cost of any repairs required due to the installation or removal of the device.
A patient who is discharged from a facility for skilled nursing or the representative of such a patient remains solely responsible for the costs described in subsection 1, including, without limitation, such costs that are incurred after the discharge of the patient.
3.
and (b) If the device communicates using video or other visual transmission, to the greatest extent practicable, be installed:
and - 82nd Session (2023) – 7 – (b) If the device communicates using video or other visual transmission, to the greatest extent practicable, be installed:
or - *AB202_R1* – 7 – (2) In a manner that avoids capturing images of activities such as bathing, dressing and toileting.
or (2) In a manner that avoids capturing images of activities sucSec.
Sec.
1.
1.g, dExcept as otherwise provided in this section, a person other than the patient or the representative of the patient who has requested the installation and use of an electronic communication device pursuant to section 9 of this act shall not intentionally:
Except as otherwise provided in this section, a person other than the patient or the representative of the patient who has requested the installation and use of an electronic communication device pursuant to section 9 of this act shall not intentionally:
and (d) An attorney who is representing the patient or a roommate of the patient and acting within the scope of that representation.
and of the patient and acting within the scope of that representation.
The patient or representative, as applicable, may provide a copy of the authorization to the facility and the roommate of the patient or the representative of the roommate, if any.
A person who temporarily disables or turns off an electronic communication device pursuant to subsection 2 shall ensure that the functions of the electronic communication device are appropriately enabled or turned back on before exiting the living quarters of the patient.
A person who temporarily disables or turns off an electronic communication device pursuant to subsection 2 shall ensure that the functions of the electronic communication device - 82nd Session (2023) – 8 – are appropriately enabled or turned back on before exiting the living quarters of the patient.
A facility for skilled nursing shall not deny admission to or discharge a patient from the facility or otherwise discriminate or retaliate against a patient because of a decision to request the installation and use of an electronic communication device in the living quarters of the patient pursuant to section 9 of this act.
A facility for skilled nursing shall not deny admission to or discharge a patient from the facility or otherwise discriminate or installation and use of an electronic communication device in the living quarters of the patient pursuant to section 9 of this act.
- *AB202_R1* – 8 – (a) For a first offense, is liable for a civil penalty not to exceed $5,000.
(a) For a first offense, is liable for a civil penalty not to exceed $5,000.
The Attorney General or any district attorney may recover any civil penalty assessed pursuant to this section in a civil action brought in the name of the State of Nevada in any court of competent jurisdiction.
The Attorney General or any district attorney may recover brought in the name of the State of Nevada in any court ofivil action competent jurisdiction.
A facility for skilled nursing may post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in use in that living quarters.
A facility for skilled nursing shall post a notice in a conspicuous place at the entrance to the living quarters of a patient which contains an electronic communication device stating that such a device is in use in that living quarters.
2.
- 82nd Session (2023) – 9 – not apply if an electronic communication device is installed by at do law enforcement agency and used solely for a legitimate law enforcement purpose.
The provisions of sections 3 to 14, inclusive, of this act do not apply if an electronic communication device is installed by a law enforcement agency and used solely for a legitimate law enforcement purpose.
and - *AB202_R1* – 9 – (b) On October 1, 2023, for all other purposes.
and (b) On October 1, 2023, for all other purposes.
H - *AB202_R1*
~~~~~ 23 - 82nd Session (2023)
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How this bill changes current law

9 changes Share ↗

Compared against the Nevada Revised Statutes as published AI-generated reading aid — verify against the official bill.

The bill amends existing law to authorize patients in skilled nursing facilities to request the installation and use of electronic communication devices, establishes requirements for such requests, and outlines penalties for violations.

  • NRS 449.160

    Failure of the applicant to obtain written approval from the Director of the Department of Health and Human Services as required by NRS 439A.100 or as provided in any regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, and 449.435 to 449.531, inclusive, and chapter 449A of NRS if such approval is required. → Failure of the applicant to obtain written approval from the Director of the Department of Human Services as required by

    This change updates the requirement for written approvals from the Director in relation to health and human services.

  • NRS 449.160

    Failure to comply with the provisions of sections 3 to 14, inclusive, of this act.

    This addition allows for actions to revoke a facility's license if they do not comply with the new provisions concerning electronic communication devices.

  • Chapter 449A

    A patient in a facility for skilled nursing or his or her representative may request the installation and use of an electronic communication device in the living quarters of the patient.

    This establishes the right for patients to request electronic communication devices in skilled nursing facilities.

  • Chapter 449A

    A facility for skilled nursing shall make reasonable efforts to accommodate a patient whose roommate fails to provide consent for the installation of an electronic communication device.

    This requires skilled nursing facilities to actively try to accommodate patient requests even if roommates do not consent.

  • Chapter 449A

    A patient or representative may revoke consent for the installation and use of an electronic communication device.

    This allows patients to change their minds regarding the use of electronic communication devices.

  • Chapter 449A

    A facility for skilled nursing may not deny admission to or discharge a patient for requesting the installation of an electronic communication device.

    This protects patients from being penalized for requesting electronic devices.

  • Chapter 449A

    Prohibiting a person from obstructing, tampering with, or destroying an electronic communication device.

    This establishes legal protections for the integrity of the electronic communication devices.

  • Chapter 449A

    Subjecting a person or entity who violates the provisions to civil and criminal penalties.

    This introduces penalties for violations related to the use of electronic communication devices.

  • Chapter 449A

    The State Board of Health shall adopt regulations necessary to carry out the provisions regarding electronic communication devices.

    This assigns regulatory authority to help implement the bill's provisions.

Amendments

3 amendments

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Action History

  1. Chapter 221.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Senate Amendment Nos. 615 and 718 concurred in. To enrollment.

  5. From printer. To re-engrossment. Re-engrossed. Third reprint. To Assembly. In Assembly.

  6. Read third time. Amended. (Amend. No. 718.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved. (Yeas: 21, Nays: None.) To printer.

  7. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 615.) To printer.

  9. In Senate. Read first time. Referred to Committee on Health and Human Services. To committee.

  10. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 41, Nays: 1.) To Senate.

  11. Read second time. Amended. (Amend. No. 69.) To printer.

  12. From committee: Amend, and do pass as amended.

  13. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

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

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

Subjects

healthcare technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 202?
AB 202 is sponsored by Summers-Armstrong, Shondra.
What is the current status of AB 202?
This bill has been enacted into law. Introduced February 20, 2023. Enacted.
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