Nevada 2023 Regular Session Status: Enacted

AB 403 — Revises provisions governing halfway houses for persons recovering from alcohol or other substance use disorders. (BDR 40-1057)

Last action — Approved by the Governor. Chapter 255.

  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 March 27, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 09, 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

224 added · 241 removed

224 line(s) added, 241 removed.

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EXEMPT (Reprinted with amendments adopted on April 20, 2023) FIRST REPRINT A.B.
Assembly Bill No.
403 ASSEMBLY B ILLN O.
403–Committee on Health and Human Services CHAPTER..........
403–C OMMITTEE ON H EALTH AND H UMAN SERVICES M ARCH 27, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing halfway houses for persons recovering from alcohol or other substance use disorders.
(BDR 40-1057) 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.
(1) requires a facility for the dependent to be licensed by the Services;
(1) requires a facility for the dependent to be licensed by the Division of Public and Behavioral Health of the Department of Health and Human Services;
and (5) exempts a facility for the dependent from a requirement that imposes certain safeguards relating to smoking from a requirement to equip every door to an exit corridor which serves 30 or more 449.204, 449A.100-449A.118, 477.120) Existing law requires a halfway house for persons recovering from alcohol or other substance use disorders to be licensed as a facility for the dependent and otherwise follow the laws and regulations governing facilities for the dependent.
and (5) exempts a facility for the dependent from a requirement that imposes certain safeguards relating to smoking occupants with a device which closes the door.
(NRS 449.030, 449.101-449.104, more 449.204, 449A.100-449A.118, 477.120) Existing law requires a halfway house for persons recovering from alcohol or other substance use disorders to be licensed as a facility for the dependent and otherwise follow the laws and regulations governing facilities for the dependent.
(1) removing the - *AB403_R1* – 2 – requirement that such a halfway house be licensed by the Division while preserving the requirement that such a halfway house be certified by the Division in order to receive public money;
(1) removing the requirement that such a halfway house be licensed by the Division while preserving the requirement that such a halfway house be certified by the Division in order to receive public money;
and (2) excluding such a halfway house from the duties, Section 3 of this bill makes a conforming change to remove a requirement that theent.
and (2) excluding such a halfway house from the duties, requirements, prohibitions and exemptions that apply to a facility for the dependent.
Division post on the Internet information concerning the licensing status and quality of halfway houses for persons recovering from alcohol or other substance use disorders.
Section 3 of this bill makes a conforming change to remove a requirement that the quality of halfway houses for persons recovering from alcohol or other substance use disorders.
Section 5 of this bill makes a conforming change to remove a reference to a halfway house for persons recovering from alcohol or other of this bill replace the term “halfway house for persons recovering from alcohol or other substance use disorders” with the term “recovery house for persons recovering from alcohol or other substance use disorders.” Section 4 of this bill preserves certain immunity from liability for volunteers of a recovery house for persons recovering from alcohol or other substance use disorders.
Section 5 of this bill makes a conforming change to remove a reference to a halfway house for persons recovering from alcohol or other substance use disorders as a type of facility for the dependent.
Sections 2 and 6-9 of this bill replace the term “halfway house for persons recovering from alcohol or other substance use disorders” with the term “recovery house for persons recovering from alcohol or other substance use disorders.” Section 4 of this bill preserves certain immunity from liability for volunteers of a recovery house for persons recovering from alcohol or other substance use disorders.
- 82nd Session (2023) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[6.] 5.
A facility for transitional living for released offenders;
A home for individual residential care;
A home for individual residential care;released offenders;
- *AB403_R1* – 3 – 1.
1.
(c)] Medical facilities that provide a program of treatment for alcohol or other substance use disorders;
alcohol or other substance use disorders;
and [(d)] (c) To the extent that such information is available, unlicensed programs of treatment for alcohol or other substance use disorders;
andgram of treatment for - 82nd Session (2023) – 3 – [(d)] (c) To the extent that such information is available, unlicensed programs of treatment for alcohol or other substance use disorders;
Update the information described in subsection 1 at least annually.
Update the information described in subsection 1 at least annSec.
Sec.
[and] (c) “Recovery house for persons recovering from alcohol or other substance use disorders” has the meaning ascribed to it in NRS 278.02374;
[and] other substance use disorders” has the meaning ascribed to it in NRS 278.02374;
- *AB403_R1* – 4 – Sec.
Sec.
or (b) If unable to give express consent, shall be deemed to consent, to the furnishing of hospital, medical, surgical or other care for the treatment of substance use disorders or related illnesses by any public or private hospital, medical facility, facility for the dependent [, other than a halfway house for persons recovering from alcohol and other substance use disorders,] or any licensed physician, and the consent of the minor is not subject to disaffirmance because of minority.
or (b) If unable to give express consent, shall be deemed to consent, to the furnishing of hospital, medical, surgical or other care for the treatment of substance use disorders or related illnesses by any - 82nd Session (2023) – 4 – public or private hospital, medical facility, facility for the dependent [, other than a halfway house for persons recovering from alcohol and other substance use disorders,] or any licensed physician, and the consent of the minor is not subject to disaffirmance because of min2.ityImmunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.
2.
Immunity from civil or criminal liability extends to any physician or other person rendering care or treatment pursuant to subsection 1, in the absence of negligent diagnosis, care or treatment.
(a) Child care institution,as that term is used in NRS 432A.0245.
(a) Child care institution, as that term is used in NRS 432A.0245.
(e)] Home for individual residential care, as that term is used in NRS 449.0105.
(e)] Home for individual residential care, as that term is used in NRS(e) Recovery house for persons recovering from alcohol or other substance use disorders, as that term is defined in NRS 278.02374.
(e) Recovery house for persons recovering from alcohol or other substance use disorders, as that term is defined in NRS 278.02374.
Subsection 1 requires the board of county commissioners to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require - *AB403_R1* – 5 – the board to adopt the State’s definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.
Subsection 1 requires the board of county commissioners to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the board to adopt the State’s definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.
or (b) The county’s ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.
or - 82nd Session (2023) – 5 – (b) The county’s ordinances do not otherwise, by whatever name, refer to a facility, home, house or institution of the type corresponding to the term.
268.0193 1.
and 3, the governing body of each city shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:
Except as otherwise provided in subsections 2 and 3, the governing body of each city shall adopt an ordinance using the following terms to describe the following types of facilities, homes, houses and institutions:
Show all 45 changed rows (5 more)
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Subsection 1 requires the governing body of the city to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the governing body to use the State’s definition for the purpose of regulating or imposing any requirement with respect to such a facility, home, house or institution.
Subsection 1 requires the governing body of the city to use the specified terms solely for the purpose of referring to the named facilities, homes, houses and institutions and does not require the governing body to use the State’s definition for the purpose of regulating or imposing any requirement with respect to such a fac3.
3.
278.02374 [“Halfway] “Recovery house for persons recovering from alcohol [and] or other substance use disorders” [has the - *AB403_R1* – 6 – meaning ascribed to it in NRS 449.008.] means a residence that provides housing and a living environment for persons recovering from alcohol or other substance use disorders and is operated to facilitate their reintegration into the community but does not provide any treatment for alcohol or other substance use disorders.
278.02374 [“Halfway] “Recovery house for persons recovering from alcohol [and] or other substance use disorders” [has the meaning ascribed to it in NRS 449.008.] means a residence that provides housing and a living environment for persons recovering from alcohol or other substance use disorders and is operated to facilitate their reintegration into the community but does not provide any treatment for alcohol or other substance use - 82nd Session (2023) – 6 – disorders.
In preparing the Nevada Revised Statutes, use the authority set forth in subsection 10 of NRS 220.120 to substitute appropriately the term “recovery house for persons recovering from house for persons recovering from alcohol or other substance use disorders.” 2.
In preparing the Nevada Revised Statutes, use the authority appropriately the term “recovery house for persons recovering from alcohol or other substance use disorders” for the term “halfway house for persons recovering from alcohol or other substance use disorders.” 2.
H - *AB403_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 255.

  2. Enrolled and delivered to Governor.

  3. In Assembly. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

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

  7. From committee: Do pass, as amended. Placed on General File. Read third time. Passed, as amended. Title approved. (Yeas: 41, Nays: None, Excused: 1.) To Senate.

  8. From printer. To engrossment. Engrossed. First reprint. To committee.

  9. Read second time. Amended. (Amend. No. 274.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

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

  11. Notice of eligibility for exemption.

  12. From printer. To committee.

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

Sponsors

  • Assembly Committee on Health and Human Services · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Assembly Committee on Health and Human Services

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"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

public-safety healthcare
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 403?
AB 403 is sponsored by Assembly Committee on Health and Human Services.
What is the current status of AB 403?
This bill has been enacted into law. Introduced March 27, 2023. Enacted.
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