AB 503 — Revises various provisions relating to background checks. (BDR 1-900)

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(Deleted by amendment.) Sec.

6.

(Deleted by amendment.) Sec.

A volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing- body82nd ofSession a(2023) charter– school4 pursuant– to NRS 388A.515 if the volunteer submits to the governing body a completed verificationverificationhe form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines, that:

and (2) Meets] meets the requirements of paragraph (c) and any otherander requirements prescribed by regulation of the State Board [.] ;

and (c) For the purposes of the investigation conducted pursuant to paragraph (b):

and (3)described Thein investigationsubparagraphs was(1) conductedand (2).ed pursuant to the statute described2. in subparagraphs (1) and (2).

2.In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other - 82nd Session (2023) – 5 – that:cient evidence, or the governing body otherwise determines (a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school;

In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits - *AB503_R1* – 5 – to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

(a) The volunteer is employed by a federal, state or local governmental entity which has determined that the person is eligible to have unrestricted interaction with pupils as part of his or her official duties, which may include an unsupervised meeting with a pupil at a school;

and (c) For the purposes of the investigation conducted pursuant to paragraphpar(1) (b):A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee;

(1) A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee;

3.2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if the volunteer submits to the governing body a completed form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

In- addition82nd toSession the(2023) exceptions– described6 in– subsections 1 and 2, a volunteer who is likelyrequired toby haveNRS unsupervised388A.515 contact with pupils is not required to submit fingerprintshis toor theher governingfingerprints, body[an] of a charterpublic schoolentity pursuantincluded toon NRS 388A.515 if the volunteerlist submitsof toentities thecompiled governing body a completed form prescribed by the Department,Department apursuant statementto fromNRS [an]391.106 adetermined publicthe entityvolunteer described in this subsection that is acceptable to thebe governingeligible bodyfor employment or otherlicensure sufficient evidence, or theto governingserve bodyas otherwisea determinesvolunteer; that:

- *AB503_R1* – 6 – (a) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints, [an] a public entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(1) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permissionpermissionof his authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a charter school pursuant to NRS 388A.515 if:

(1) Not more than 6 months before the date on which the volunteer is required by NRS 388A.515 to submit his or her fingerprints,- [an]82nd aSession public(2023) entity– that7 is– not included on the list of entities compiled by the Department pursuant to NRS 391.106391.106the -list *AB503_R1*of – 7 – determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(I) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records ofofthose Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

(b) The governing body determines that the investigation described in paragraph (a) is at least as stringent as an investigation into the criminal background of a volunteer conducted pursuant to NRS 388A.515;

and background of a volunteer conducted pursuant to (c) The governing body accepts the investigation.

(a)- A82nd statuteSession of(2023) this– State8 expressly– requires the volunteer [submits] to submit a complete set of his or her fingerprints to another public entity [authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteer’s fingerprints] and written permission - *AB503_R1* – 8 – authorizing the public entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer [.] ;

Sec.388C.205 NR1.

8.

NRS 388C.205 is hereby amended to read as follows:

388C.205 1.

[and] (b) It is the policy of the public entity to conduct an investigation into the criminal background of a volunteer who will interactintera(1) withIncludes pupilsthe atsubmission schoolof andfingerprints thatto investigationthe [:Federal Bureau of Investigation;

(1) Includes the submission of fingerprints to the Federal Bureau of Investigation;

(1) A statute of this State expressly requires a volunteer who will interact with pupils at school to submit a complete set of his- or82nd herSession fingerprints(2023) to– the9 public– entity and written permission authorizing the public entity to forward those fingerprints to thethen Central Repository for Nevada Records of Criminal History for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;

- *AB503_R1* – 9 – (2) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law;

In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing body otherwise determines that:

and (2) Meets] meets the requirements of paragraph (c) and any otherander requirements prescribed by regulation of the State Board [.] ;

and (c) For the purposes of the investigation conducted pursuant to paragraph (b):

(1) A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on- the82nd criminalSession history(2023) of– the10 employee– and for submission to the Federal Bureau of Investigation for its report on the criminalcriminalthe history of the employee;

and - *AB503_R1* – 10 – (3) The investigation was conducted pursuant to the statute described in subparagraphs (1) and (2).

In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if the volunteer submits to the governing body a completed form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the governing body or other sufficient evidence, or the governing bodybod(a) otherwiseNot determinesmore that:than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, [an] a public entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(a) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or her fingerprints, [an] a public entity included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

and (c) For the purposes of the investigation conducted pursuant to paragraphpar(1) (b):A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

(1)- A82nd statuteSession of(2023) this– State11 expressly– requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints toin theaccordance publicwith entitysubparagraph and(1) writtenhas permissionbeen authorizingreviewed the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and forapproved submissionby to the Federal Bureau of Investigation foras itssatisfying report on the criminalrequirements history of thefederal employee,law; licensee or volunteer, as applicable;

(2) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law;

In addition to the exceptions described in subsections 1, 2 and 3, a volunteer who is likely to have unsupervised contact with - *AB503_R1* – 11 – pupils is not required to submit fingerprints to the governing body of a university school for profoundly gifted pupils pursuant to NRS 388C.200 if:

(1) Not more than 6 months before the date on which the volunteer is required by NRS 388C.200 to submit his or herherthe fingerprints, [an] a public entity that is not included on the list of entities compiled by the Department pursuant to NRS 391.106 determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

(I) A statute of this State expressly requires the employee, licensee or volunteer, as applicable, to submit aae complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

- 82nd Session (2023) – 12 – (II) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with sub-subparagraph (I) has been reviewed and approved by the Federal Bureau of Investigation as satisfyingsatisfying(III) The investigation was conducted pursuant to the requirementsstatute ofdescribed federalin law;sub-subparagraphs (I) and (II);

and (III) The investigation was conducted pursuant to the statute described in sub-subparagraphs (I) and (II);

and - *AB503_R1* – 12 – (c) The governing body accepts the investigation.

(a) A statute of this State expressly requires the volunteer [submits] to submit a complete set of his or her fingerprints to another public entity [authorized to forward fingerprints to the Central Repository for Nevada Records of Criminal History a complete set of the volunteer’s fingerprints] and written permission authorizing the public entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation forfor(b) itsThe reportstatute onexpressly requiring the criminalvolunteer historyto submit his or her fingerprints in accordance with paragraph (a) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the volunteerrequirements [.]of ;federal law;

(b) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with paragraph (a) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law;

- 82nd Session (2023) – 13 – 3.

(a) A complete set of his or her fingerprints and written permission authorizing the Superintendent to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its initial report on the criminal history of the applicant and for reports thereafter upon renewal of the license pursuant to subsection 8 of NRS 179A.075, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant;

and (b) Written authorization for the Superintendent to obtain any information concerning the applicant that may be available from the Statewide Central Registry and any equivalent registry maintained - *AB503_R1* – 13 – by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years.

(a) The Superintendent determines that the applicant is qualified;

Superintendent determines that the applicant is (b) The information obtained by the Superintendent pursuant to subsections 3 and 4:

and (3)- Does82nd notSession indicate(2023) that– the14 applicant– has a warrant for his or her arrest;

andandt indicate that the applicant has a warrant for his (c) For initial licensure, the applicant submits the statement required pursuant to NRS 391.034.

(a) A report on the criminal history of the applicant from the Federal Bureau of Investigation or the Central Repository for - *AB503_R1* – 14 – Nevada Records of Criminal History indicates that the applicant has been arrested for or charged with a sexual offense involving a minor or pupil, including, without limitation, any attempt, solicitation or conspiracy to commit such an offense;

If the Superintendent denies an application for a license pursuant to this section, the Superintendent must, within 15 days after the date on which the application is denied, provide notice of the denial to the school district or charter school that employs the applicant if the applicant is employed by a school district or charter school.

and - 82nd Session (2023) – 15 – (c) Provide this list to the board of trustees of a school district or the governing body of a charter school upon request.

The Superintendent shall forward all information obtained from an investigation of an applicant pursuant to subsections 3 and 4 to the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils ororf a the administrator of a private school where the applicant is employed or seeking employment.

- *AB503_R1* – 15 – (a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring or termination;

13.] The Superintendent [, the board of trustees of a school district, the governing body of a charter school or university school for profoundly gifted pupils or the administrator of a private school] may not be held liable for damages resulting from any action of the Superintendent [, board of trustees, governing body or administrator, as applicable,]14.] authorized12. by subsection 4 .

[or 12.

14.] 12.

A person who is employed as a paraprofessional by a school - 82nd Session (2023) – 16 – district to work in a program supported with Title I money must possess the requirements prescribed by the State Board pursuant to NRS 391.094.

(b) Shall establish policies governing the duties and performanceperSec. of teacher aides.

Sec.

[and] - *AB503_R1* – 16 – (b) It is the policy of the public entity to conduct an investigation into the criminal background of a volunteer who will interact with pupils at school and that investigation [:

and (c)to Forparagraph the(b):rposes purposes of the investigation conducted pursuant (1) A statute of this State expressly requires a volunteer who will interact with pupils at school to paragraphsubmit (b):a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;

(1) A statute of this State expressly requires a volunteer who will interact with pupils at school to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer;

2.- 82nd Session (2023) – 17 – volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:

In addition to the exception described in subsection 1, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school district pursuant to NRS 391.104 if the volunteer submits to the board of trustees a completed verification form prescribed by the Department, a statement from [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:

[and] (b) It is the policy of the public entity to conduct an investigation into the criminal background of an employee who will have unrestricted interaction with pupils as part of his or her official duties and(1) thatIncludes investigationthe [:submission of fingerprints to the Federal Bureau of Investigation;

(1)and Includes(2) Meets] meets the submissionrequirements of fingerprintsparagraph to(c) theand Federalany Bureauother requirements prescribed by regulation of Investigation;the State Board [.] ;

and - *AB503_R1* – 17 – (2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ;

(1) A statute of this State expressly requires an employee who will have unrestricted interaction with pupils as part of his or her official duties to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee and for submission to the Federal Bureau of Investigation for its report on the criminal historyhistory(2) The statute expressly requiring the employee to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the employee;requirements of federal law;

(2) The statute expressly requiring the employee to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law;

In addition to the exceptions described in subsections 1 and 2, a volunteer who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the board of trustees of a school- district82nd pursuantSession to(2023) NRS– 391.10418 if– the volunteer submits to the board of trustees a completed form prescribed by the submits to Department, a statement from [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines that:

and (2) Meets] meets the requirements of paragraph (c) and any other requirements prescribed by regulation of the State Board [.] ;

- *AB503_R1* – 18 – (1) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

(2) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with subparagraph (1) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law;

(a)- The82nd volunteerSession submits(2023) to– the19 board– of trustees a completed verification form prescribed by the Department, a statement fromfromd [an] a public entity described in this subsection that is acceptable to the board of trustees or other sufficient evidence, or the board of trustees otherwise determines, that:

and (II) Meets] meets the requirements of subparagraph (3) and any other requirements prescribed by regulation of the State Board;

andandher requirements prescribed by regulation of the State (3) For the purposes of the investigation conducted pursuant to subparagraph (2):

(I) A statute of this State expressly requires an employee, licensee or volunteer, as applicable, to submit a complete set of his or her fingerprints to the public entity and written permission authorizing the public entity to forward those - *AB503_R1* – 19 – fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the employee, licensee or volunteer, as applicable, and for submission to the Federal Bureau of Investigation for its report on the criminal history of the employee, licensee or volunteer, as applicable;

(II) The statute expressly requiring the employee, licensee or volunteer, as applicable, to submit his or her fingerprints in accordance with sub-subparagraph (I) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law;

and (c)- The82nd boardSession of(2023) – 20 – trustees acceptsof thea investigation.school district may, in its discretion, accept or reject an investigation described in this subsection for any reason.

The board of trustees of a school district may, in its discretion, accept or reject an investigation described in this subsection for any reason.

(b) The statute expressly requiring the volunteer to submit his or her fingerprints in accordance with paragraph (a) has been reviewed and approved by the Federal Bureau of Investigation as satisfying the requirements of federal law;

394.152 As used in NRS 394.152 to [394.157,] 394.155, inclusive, unless the context otherwise requires, the words and terms - *AB503_R1* – 20 – defined in NRS 394.153 and 394.154 have the meanings ascribed to them in those sections.

[Except as otherwise provided in NRS 394.157, each] Each applicant for employment with or employee at a private school, except a licensed teacher or other person licensed by the Superintendent of Public Instruction, or volunteer at a private school who is likely to have unsupervised contact with pupils, must, beforebeforeol beginning his or her employment or service as a volunteer and at least once every 5 years thereafter, submit to the administrator of the private school [:

(a) A complete set of the applicant’s, employee’s or volunteer’s fingerprints and written permission authorizing the administrator to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant, employee or volunteer and for submission to the Federal- Bureau82nd ofSession Investigation(2023) for– its21 report– on the criminal history of the applicant, employee or volunteer;

andandrt on the criminal history (b) Written] written authorization for the administrator to obtain any information concerning the applicant, employee or volunteer that may be available from the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

and (b) Request] request 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 by NRS 432.100 and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant, employee or volunteer has resided within the immediately preceding 5 years.

4.] The administrator or governing body of a private school may use a substantiated report of the abuse or neglect of a child, as - *AB503_R1* – 21 – defined in NRS 392.281, or a violation of NRS 201.540, 201.560, 392.4633 or 394.366 obtained from the Statewide Central Registry or an equivalent registry maintained by a governmental agency in another jurisdiction:

(a) In making determinations concerning assignments, requiring retraining, imposing discipline, hiring, accepting a volunteer or termination;

[or 4 or NRS 394.157.] Sec.Secs.

14.14-50.

(Deleted by amendment.) Sec.- 82nd Session (2023) – 22 – thereto a new section to read as follows:amended by adding “Dentistry” means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, the maxillofacial area and the adjacent and associated structures and their impact on the human body, which care is provided by a dentist within the scope of his or her education, training and experience in accordance with the ethics of the profession and applicable law.

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Chapter 631 of NRS is hereby amended by adding thereto a new section to read as follows:

“Dentistry” means the evaluation, diagnosis, prevention and treatment of diseases, disorders and conditions of the oral cavity, the maxillofacial area and the adjacent and associated structures and their impact on the human body, which care is provided by a dentist within the scope of his or her education, training and experience in accordance with the ethics of the profession and applicable law.

Every applicant for a license to practice dental hygiene, dental therapy or dentistry [, or any of its special branches,] must:mus(a) File an application with the Board.

(a) File an application with the Board.

The Secretary-Treasurer may, in accordance with regulations adoptedan byapplication theis:rd Board and if the Secretary-Treasurer determines that an(a) applicationSufficient, is:advise the Executive Director of the sufficiency of the application.

(a) Sufficient, advise the Executive Director of the sufficiency of the application.

-Secs. *AB503_R1* – 23 – Sec.

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PURPOSEP URPOSE W HEREAS , States license psychologists in order to protect the public through verification of education, training and experience and ensureensWreHEREASn, accountabilityThis forCompact professionalis practice;intended to regulate the day-to-day practice of telepsychology, including the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;

and W HEREAS , This Compact is intended to regulate the day-to-day practice of telepsychology, including the provision of psychological services using telecommunication technologies, by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;

Increase public access to professional psychological services by allowing for telepsychological practice across state lines, as well - *AB503_R1* – 24 – as temporary in-person, face-to-face services, into a state which the psychologist is not licensed to practice psychology;

- 82nd Session (2023) – 24 – 3.

Facilitate the exchange of information between the compact states regarding psychologist licensure, adverse actions and disciplinarydis5.pliPromote history;compliance with the laws governing psychological practice in each compact state;

5.

Promote compliance with the laws governing psychological practice in each compact state;

“Authority to practice interjurisdictional telepsychology” means a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this Compact, in anotheranoD.er compact“Bylaws”statemeans state.those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct.

D.

“Bylaws” means those bylaws established by the Psychology Interjurisdictional Compact Commission pursuant to Article X for its governance, or for directing and controlling its actions and conduct.

- *AB503_R1* – 25 – H.

“Coordinated Licensure Information System” or “Coordinated Database” means an integrated process for collecting, - 82nd Session (2023) – 25 – storing and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws, which is administered by the recognized membership organization composed of the state psychology regulatory authorities.

I.information is not made available or disclosed to unauthorizeda or persons or processes.

“Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons or processes.

If the psychologist is licensed in more than one compact state, and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist was physically present when the telepsychological services were delivered.

“Interjurisdictional practice certificate (IPC)” means a certificate issued by the Association of State and Provincial - *AB503_R1*82nd Session (2023) – 26 – Psychology Boards (ASPPB) that grants temporary authority to practice based on notification to the state psychology regulatory authority of the intention to practice temporarily, and verification of one’s qualifications for such practice.

R.regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

“License” means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than a minor infraction;

- 82nd Session (2023) – 27 – BB.

“Temporary authorization to practice” means a licensed psychologist’s authority to conduct temporary in-person, face-to- - *AB503_R1* – 27 – face practice, within the limits authorized under this Compact, in another compact state.

CC.a Cpsychologisty iispephysically-topresent,acnote” throughhereusing telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.

“TemporaryARTICLE in-person,III. face-to-face practice” means where a psychologist is physically present, not through using telecommunications technologies, in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification to the distant state.

9H ARTICLEOME III.S TATE L ICENSURE A.

H OME S TATE LICENSURE A.

D.retain a license to be authorized to practice in a compact state under circumstances not authorized by the temporary authorization to practice under the terms of this Compact.

Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by the temporary authorization to practice under the terms of this Compact.

Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or - 82nd Session (2023) – 28 – other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, not later than 10 years after activation of the Compact;

and -F. *AB503_R1* – 28 – 5.

Complies with the bylaws and rules of the Commission.

F.

COMPACT PPRIVILEGE RIVILEGE TO PRACTICEP TELEPSYCHOLOGYRACTICE T ELEPSYCHOLOGY A.

Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority tototes) in practice interjurisdictional telepsychology as provided in the Compact.

A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services- (NACES)82nd orSession by(2023) a– recognized29 foreign– credential evaluation service;

andandCES) or by a recognized foreign credential evaluation 2.

The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology - *AB503_R1* – 29 – program and such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

There must be an identifiable psychology faculty sufficientsufficientf. in size and breadth to carry out its responsibilities;

f.The designated director of the program must be aies;

The designated director of the program must be a psychologist and a member of the core faculty;

Have no history of adverse action that violates the rules of the Commission;5.

5.

and - 82nd Session (2023) – 30 – 8.

A receiving state - *AB503_R1* – 30 – may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens.

COMPACT T EMPORARY AUTHORIZATION TO PRACTICEP RACTICE A.

A foreign college or university deemed to be equivalent to 1(a) above by a foreign credential evaluation service that is a member- of82nd theSession National(2023) Association– of31 Credential– Evaluation Services (NACES) or by a recognized foreign credential evaluation service;

- *AB503_R1* – 31 – b.

There must be an identifiable psychology faculty sufficientsufficientf. in size and breadth to carry out its responsibilities;

f.The designated director of the program must be aies;

The designated director of the program must be a psychologist and a member of the core faculty;

No history of adverse action that violates the rules of the Commission;Commis5.

5.

- 82nd Session (2023) – 32 – C.

If a - *AB503_R1* – 32 – distant state takes action, the state shall promptly notify the home statestaE. and the Commission.

E.

CONDITIONSC ONDITIONS OF TELEPSYCHOLOGY PRACTICE IN A RECEIVING SSTATE TATE A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:

A home state shall have the power to impose adverse action against a psychologist’s license issued by the home state and a - 82nd Session (2023) – 33 – distant state may take adverse action on a psychologist’s temporary authorization to practice within that distant state.

A receiving state may take adverse action on a psychologist’s authority to practice interjurisdictional telepsychologyadverse withinaction thatagainst receivinga state.psychologist based on an adverse actione taken by a distant state regarding temporary in-person, face-to-face practice.

A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in-person, face-to-face practice.

- *AB503_R1* – 33 – 1.

A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee which occurred in a receiving state as it would if such conduct had occurred by a licenseeshall withincontrol thein homedetermining state.any adverse action against atate’s law psychologist’s license.

In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.

Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary - 82nd Session (2023) – 34 – psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

A DDITIONAL AUTHORITIESA UTHORITIES INVESTED IN A COMPACT STATE ’SPSYCHOLOGY RREGULATORY EGULATORYA AUTHORITYUTHORITY A.

- *AB503_R1* – 34 – 1.

The Commission may create - 82nd Session (2023) – 35 – additional rules for mandated or discretionary sharing of information by compact states.

The Commission shall provide for the development and maintenance of a Coordinated Licensure Information System (Coordinated Database) and reporting system containing licensure and disciplinary action information on all psychologists individuals toby whomthe thisrules Compactof isthe applicableCommission.ble in all compact states as defined byB. the rules of the Commission.

B.Notwithstanding any other provision of state law to the contrary, and except as otherwise provided in this Article, a compact state shall submit a uniform data set to the Coordinated Database on all licensees as required by the rules of the Commission, including:

Notwithstanding any other provision of state law to the contrary, and except as otherwise provided in this Article, a compact state shall submit a uniform data set to the Coordinated - *AB503_R1* – 35 – Database on all licensees as required by the rules of the Commission, including:

Compact states reporting information to the Coordinated Database may designate information that may not be shared with the - 82nd Session (2023) – 36 – public without the express permission of the compact state reporting the information.

- *AB503_R1* – 36 – 2.

3.- 82nd Session (2023) – 37 – regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

Each Commissioner shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.

b.personnel matters, practices or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;

The employment, compensation, discipline or other personnel matters, practices or procedures related to specific - *AB503_R1* – 37 – employees or other matters related to the Commission’s internal personnel practices and procedures;

[Disclosure of investigatory records compiled for law enforcementenforcemeni.] purposes;Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact;

i.] Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the Compact;

If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each - 82nd Session (2023) – 38 – relevant exempting provision.

The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefor, includingconsidered ain descriptionconnection ofwith thean viewsaction expressed.shall be identified in such minutes.

All documents considered in connection with an action shall be identified in such minutes.

Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable - *AB503_R1* – 38 – advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals of such proceedings and proprietary information, including trade secrets.

The Commission may meet in closed session only after a majority of the Commissioners vote to close a meeting Commission must make public a copy of the vote to close thethe meeting revealing the publicvote inof wholeeach orCommissioner inwith part.no proxy votes allowed.

As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each Commissioner with no proxy votes allowed.

Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds - 82nd Session (2023) – 39 – that may exist after the termination of the Compact after the payment and reserving of all of its debts and obligations.

The Commission shall publish its bylaws in a convenient form and file a copy thereof and a copy of any amendment thereto, with thet9. appropriate agency or officer in each of the compact states.

9.The Commission shall maintain its financial records intates.

The Commission shall maintain its financial records in accordance with the bylaws.

- *AB503_R1* – 39 – 5.

To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact and to establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnelperson6. matters;

6.

- 82nd Session (2023) – 40 – 11.

To appoint committees, including advisory committees comprised of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;bylaws12.

12.

- *AB503_R1* – 40 – 3.

4.

The Executive Board shall meet at least annually.

- 82nd Session (2023) – 41 – 1.

The Commission may accept any and all appropriate revenuesupplies, sources,materials donations and grantsservices.ants of money, equipment, supplies,3. materials and services.

3.

- *AB503_R1* – 41 – G.

Qualified Immunity, Defense and Indemnification.

The Commission shall defend any member, officer, Executive Director, employee or representative of the Commission in any civil action seeking to impose liability arising out of any - 82nd Session (2023) – 42 – actual or alleged act, error or omission that occurred within the scope of Commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties or responsibilities, provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel, and provided further, that the actual or alleged act, error or omission did not result from that person’s intentional or willful or wanton misconduct.

RULEMAKINGR ULEMAKING A.

Rules and amendments shall become binding as of the datedatB.speIf specifieda majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in eachthe same manner used to adopt the Compact, then such rule orshall amendment.have no further force and effect in any compact state.

- *AB503_R1* – 42 – B.

If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact, then such rule shall have no further force and effect in any compact state.

1.- 82nd Session (2023) – 43 – which the rule will be considered and voted upon;

The proposed time, date and location of the meeting in which2. the rule will be considered and voted upon;

2.

2.3.

A government subdivision or agency;

or 3.

- *AB503_R1* – 43 – 2.

No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting therecording transcriptmay shallbe bearmade thein costlieu of producinga transcript under the same terms and conditions as a transcript.

A recording may be made in lieu of a transcript under the same terms and conditions as a transcript.

Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, - 82nd Session (2023) – 44 – the Commission shall consider all written and oral comments received.

Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in thisthist the section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule.

The revision - *AB503_R1* – 44 – may be challenged only on grounds that the revision results in a material change to a rule.

8 ARTICLE XII.

O VERSIGHT , DISPUTERDISPUTE R ESOLUTION AND EENFORCEMENT NFORCEMENT A.

1.- 82nd Session (2023) – 45 – government in each compact state shall enforce this Compact andate take all actions necessary and appropriate to effectuate the Compact’s purposes and intent.

The executive, legislative and judicial branches of state government in each compact state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent.

If the Commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:shall:s a.

a.

- *AB503_R1* – 45 – 3.

Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted.

- 82nd Session (2023) – 46 – 5.

- *AB503_R1* – 46 – D ATE OF IMPLEMENTATION OF PPSYCHOLOGY SYCHOLOGYINTERJURISDICTIONAL NTERJURISDICTIONALC COMPACTOMPACT COMMISSIONC OMMISSION AND ASSOCIATEDA RSSOCIATED ULES,RULES W, ITHDRAWALWITHDRAWAL AND A MENDMENT 5 A.

Thereafter, the Commission shall meet and - 82nd Session (2023) – 47 – exercise rulemaking powers necessary to the implementation and administration of the Compact.

Any state which joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state.

Any rule which has been previously adopted by thethelaw in Commission shall have the full force and effect of law on the day the Compact becomes law in that state.

C ONSTRUCTION AND SEVERABILITYS EVERABILITY This Compact shall be liberally construed so as to effectuate the purposes thereof.

- *AB503_R1* – 47 – Sec.

In addition to any other requirements set forth in this chapter, an applicant for a license to practice as a marriage and family therapist or clinical professional counselor, a license by endorsement to practice as a marriage and family therapist or clinical professional counselor, a license as a marriage and family therapist intern or a license as a clinical professional counselor intern that is issued pursuant to this chapter shall submit to the Board a complete set of fingerprints and written permission authorizing- the82nd BoardSession to(2023) forward– those48 fingerprints– to the Central Repository for Nevada Records of Criminal History for its reportreportal on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report on the criminal history of the applicant.

Sec.Secs.

62.62-64.

63.

(Deleted by amendment.) Sec.

64.

(Deleted by amendment.) Sec.

642.511 [An] In addition to any other requirements set forth in this chapter, an applicant for [any] a license [, permit or] to practice the profession of embalming, a certificate of registration to serve as a registered apprentice to a licensed embalmer, a funeral director’s license, a license as a funeral arranger, a permit to operate a funeral establishment or a permit to operate a direct cremation facility that is issued [by the Board must] pursuant to this chapter shall submit [as part of his or her application] to the Board a complete set of fingerprints and written permission authorizing the Board to forward [the] those fingerprints to the Central Repository for Nevada Records of Criminal History for its report on the criminal history of the applicant and for submission to the Federal Bureau of Investigation for its report [.] on the criminal history of the applicant.

Sec.Secs.

66.66-79.

67.

(Deleted by amendment.) Sec.

68.

(Deleted by amendment.) Sec.

69.

(Deleted by amendment.) Sec.

70.

(Deleted by amendment.) Sec.

71.

(Deleted by amendment.) Sec.

72.

(Deleted by amendment.) Sec.

73.

(Deleted by amendment.) Sec.

74.

(Deleted by amendment.) Sec.

75.

(Deleted by amendment.) Sec.

76.

(Deleted by amendment.) Sec.

77.

(Deleted by amendment.) - *AB503_R1* – 48 – Sec.

78.

(Deleted by amendment.) Sec.

79.

(Deleted by amendment.) Sec.

Is proposed to hold the title of, or be designated by a proposed cannabis establishment as, a president, vice president, secretary, treasurer, manager, chief executive officer, chief operating officer or chief financial officer of the cannabis establishment;

andandor chief financial officer of the cannabis 2.

Sec.- 82nd Session (2023) – 49 – 678A.010 NRS As used in this title, unless the context otherwise requires, the words and terms defined in NRS 678A.020 to 678A.240, inclusive, and sections 81 to 84, inclusive, of this act have the meanings ascribed to them in those sections.

85.Secs.

NRS86-88. 678A.010 is hereby amended to read as follows:

678A.010 As used in this title, unless the context otherwise requires, the words and terms defined in NRS 678A.020 to 678A.240, inclusive, and sections 81 to 84, inclusive, of this act have the meanings ascribed to them in those sections.

Sec.

86.

87.

(Deleted by amendment.) Sec.

88.

(Deleted by amendment.) Sec.

TEXT~~~~~ OF23 REPEALED- SECTIONS82nd 394.157Session Conditions(2023) under which volunteer not required to submit fingerprints.

- *AB503_R1* – 49 – 1.

A volunteer at a private school who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the administrator of the private school pursuant to NRS 394.155 if:

(a) The volunteer submits a statement from an entity described in this subsection that is acceptable to the administrator or other sufficient evidence to the administrator of the private school or the administrator otherwise determines that, within a time period deemed acceptable by the administrator, another entity determined the volunteer to be eligible for employment or licensure or to serve as a volunteer;

the criminal background of an employee, licensee or volunteer, as into applicable, and that investigation includes the submission of fingerprints to the Federal Bureau of Investigation;

and (c) The administrator accepts the investigation.

An administrator may, in his or her discretion, accept or reject an investigation described in this section for any reason.

2.

In addition to the exceptions described in subsection 1, a volunteer at a private school who is likely to have unsupervised contact with pupils is not required to submit fingerprints to the administrator of the private school pursuant to NRS 394.155 if the volunteer submits to another entity authorized to forward fingerprints to the Central Repository for Nevada Records of written permission authorizing the entity to forward the fingerprints to the Central Repository for its report on the criminal history of the volunteer and for submission to the Federal Bureau of Investigation for its report on the criminal history of the volunteer.

644A.465 Reduction of duplication in licensing and registration procedure for applicant who also applies to local governmental entity to practice massage therapy, reflexology or structural integration.

1.

The Board and a local governmental entity shall, to the extent practicable, reduce duplication in the licensing or registration procedure for a qualified applicant who is applying to the Board for a license or certificate of registration to practice pursuant to this a license to practice massage therapy, reflexology or structuraly for integration, if both applications are filed not more than 60 days apart.

2.

If a qualified applicant submits an application to a local governmental entity for a license to practice massage therapy, reflexology or structural integration and, not later than 60 days after that application, the applicant also submits an application to the - *AB503_R1* – 50 – Board for a license or certificate of registration to practice pursuant to this chapter:

(a) The applicant is not required to submit a set of fingerprints to the Board if the applicant submitted a set of fingerprints with his or her application to the local governmental entity;

(b) The Board shall request from the local governmental entity a copy of any reports relating to a background investigation of the applicant;

(c) Upon receiving such a request, the local governmental entity shall provide to the Board any reports relating to a background investigation of the applicant;

and governmental entity in reviewing the application for a license or certificate of registration to practice pursuant to this chapter.

3.

If a qualified applicant submits an application to the Board for a license or certificate of registration to practice pursuant to this chapter and, not later than 60 days after that application, the applicant also submits an application to a local governmental entity for a license to practice massage therapy, reflexology or structural integration:

(a) The applicant is not required to submit a set of fingerprints to the local governmental entity if the applicant submitted a set of fingerprints with his or her application to the Board;

(b) The local governmental entity shall request from the Board a applicant;y reports relating to a background investigation of the (c) Upon receiving such a request, the Board shall provide to the local governmental entity any reports relating to a background investigation of the applicant;

and (d) The local governmental entity shall use the reports provided by the Board in reviewing the application for a license to practice massage therapy, reflexology or structural integration, except that the local governmental entity may conduct its own background investigation of the applicant if the local governmental entity deems it to be necessary.

H - *AB503_R1*