Amendment vs bill Amendment 645 vs Enrolled

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Assembly Bill No.
Session (82nd) A AB463 645 Amendment No.
463–Committee on Ways and Means CHAPTER..........
645 Assembly Amendment to Assembly Bill No.
463 (BDR 38-1083) Proposed by:
Assembly Committee on Health and Human Services Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
DP/EWR - Date:
5/23/2023 A.B.
No.
463—Revises provisions governing child care facilities and certain child care programs.
(BDR 38-1083) Page 1 of 12 *A_AB463_645* Assembly Amendment No.
645 to Assembly Bill No.
463 Page 3 A SSEMBLY B ILLN O.
463–COMMITTEE ON W AYS AND M EANS (O N BEHALF OF THE O FFICE OFFINANCE IN THEO FFICE OF THEG OVERNOR ) APRIL 13, 2023 _______________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing child care facilities and certain child care programs.
(BDR 38-1083) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Executive Budget.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
revising provisions governing the inspection and approval of certain fire facilities by certain protection officials and agencies;
revising provisions governing the inspection and approval of certain facilities by certain fire protection officials and agencies;
Existing law requires a child care facility to obtain a license from the Division if:
Existing law requires a child care facility to obtain a license from the Division of Public and Behavioral Health of the Department of Health and Human Services if:
(NRS 432A.0245) Section 4 of this bill transfers the authority Behavioral Health to the Division of Welfare and Supportive Services of thelic and Department.
(NRS 432A.0245) Section 4 of this bill transfers the authority to license and regulate such child care facilities from the Division of Public and Behavioral Health to the Division of Welfare and Supportive Services of the Department.
Section 2 of this bill defines “Administrator” to refer to the Administrator of the Division of Welfare and Supportive Services, and section 3 of this bill makes a conforming change to 6-8 of this bill transfer to the Administrator:
Section 2 of this Supportive Services, and section 3 of this bill makes a conforming change to indicate the proper placement of section 2 in the Nevada Revised Statutes.
Sections 6-8 of this bill transfer to the Administrator:
and (2) the authority to waive certain education requirements for a person who is responsible for the operation of a child care facility.
and (2) the authority to waive Assembly Amendment No.
Sections 9 and 10 of this bill make revisions so that certain reports relating to the immunization of children who have been admitted to child care facilities continue to be submitted to the Division of Public and Behavioral Health.
645 to Assembly Bill No.
Section 11 of this bill transfers to the Division of Welfare and Supportive Services the duty to conduct a review of a child careExisting law establishes the Nevada Early Childhood Advisory Council andiciencies.
463 Page 4 certain education requirements for a person who is responsible for the operation of a child care facility.
requires the Council to include certain members appointed by the Governor.
Sections 9 and 10 of this bill make revisions so that certain reports relating to the immunization of children who have been admitted to child care facilities continue to be the Division of Welfare and Supportive Services the duty to conduct a review of a child care to facility that has been found by a legislative audit to have certain deficiencies.
Existing law establishes the Nevada Early Childhood Advisory Council and requires the Council to include certain members appointed by the Governor.
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(1) one member who is a representative of the Division of Welfare and Supportive Services whose duties - 82nd Session (2023) – 2 – include responsibility for child care;
(1) one member who is a representative of the Division of Welfare and Supportive Services whose duties include responsibility for child care;
and (3) one member who is a representative of a tribal organization, with consideration given to an enrolled member of a Nevada Indian tribExisting law:
and (3) one member who is [nominated by the Nevada Indian Commission and acts as a liaison for Indian tribes in this member of a Nevada Indian tribe.ibal organization, with consideration given to an enrolled Existing law:
(NRS 432A.180, 449.0307) Section 8 provides that the State Fire Marshal or a designee is authorized, rather than required, to inspect child care facilities and supervise fire drills at such agency that meets an industry standard accepted by the State Fire Marshal tolocal fire perform those duties.
(NRS 432A.180, 449.0307) Section 8 provides that the State Fire Marshal or a designee is authorized, rather than required, to inspect child care facilities and supervise fire drills at such facilities.
Section 8 also authorizes the State Fire Marshal to designate a local fire agency that meets an industry standard accepted by the State Fire Marshal to perform those duties.
Section 11.5 of this bill authorizes a designee of the State Fire Marshal, which may include a local fire agency that meets an industry standard accepted by the State Fire Marshal, to inspect and approve certain health care facilities.
Section 11.5 of this bill authorizes a designee of the State Fire Marshal, which may include a local fire and approve certain health care facilities.
Section 11.8 of this bill makes a conforming fire agency to conduct certain inspections of a residential facility for groups or al building operated by a provider of community-based living arrangement services.
Section 11.8 of this bill makes a conforming change to clarify that the State Fire Marshal is authorized to designate such a local fire agency to conduct certain inspections of a residential facility for groups or a building operated by a provider of community-based living arrangement services.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- 82nd Session (2023) – 3 – by the employer provides written authorization for the release of the information;
(a) The person who is the subject of a background investigation by the employer provides written authorization for the release of the information;
(1) The employer is required by law to conduct the background investigation of the person for employment purposes;
Assembly Amendment No.
645 to Assembly Bill No.
463 Page 5 (1) The employer is required by law to conduct the background investigation of the person for employment purposes;
(a) An employee of the Division;
requires, the words and terms defined in NRS 432A.0205 toxt otherwise 432A.0295, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
432A.020 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 432A.0205 to 432A.0295, inclusive, and section 2 of this act have the meanings ascribed to them in those sections.
- 82nd Session (2023) – 4 – 432A.076 NR1.
Sec.
The Nevada Early Childhood Advisory Councils:
5.
is hereby established as the state advisory council on early childhood education and care required to be established pursuant to U.S.C.
NRS 432A.076 is hereby amended to read as follows:
432A.076 1.
The Nevada Early Childhood Advisory Council is hereby established as the state advisory council on early childhood education and care required to be established pursuant to 42 U.S.C.
[(c)] (d) One member who is a representative of the Department of Education whose duties include responsibilities for programs under section 619 or part C of the Individuals with Disabilities Edu[(d)] (e) One member who is a representative of the boards of trustees of the school districts in this State;
[(c)] (d) One member who is a representative of the Department of Education whose duties include responsibilities for programs under section 619 or part C of the Individuals with Disabilities Education Act, 20 U.S.C.
§§ 1400 et seq.;
[(d)] (e) One member who is a representative of the boards of trustees of the school districts in this State;
[(g)] (h) One member who is a representative of Head Start agencies in this State, including, without limitation, migrant and seasonal Head Start programs and Indian Head Start programs;
Assembly Amendment No.
645 to Assembly Bill No.
463 Page 6 [(g)] (h) One member who is a representative of Head Start agencies in this State, including, without limitation, migrant and seasonal Head Start programs and Indian Head Start programs;
[(j)] (k) One member who is a representative of a nonprofit organization located in southern Nevada that provides early chi[(k)] (l) One member who is a representative of a nonprofit organization located in northern Nevada that provides early childhood education programs;
[(j)] (k) One member who is a representative of a nonprofit organization located in southern Nevada that provides early childhood education programs;
[(k)] (l) One member who is a representative of a nonprofit organization located in northern Nevada that provides early childhood education programs;
[and (m)] (n) One member who is a representative of a tribal organization, with consideration given to an enrolled member of a Nevada Indian tribe;
[and (m)] (n) One member who is [nominated by the Nevada Indian Commission and acts as a liaison for Indian tribes in this State;] a representative of a tribal organization, with consideration given to an enrolled member of a Nevada Indian tribe;
and - 82nd Session (2023) – 5 – (o) Such other members as the Governor determines are appropriate.
and (o) Such other members as the Governor determines are appropriate.
(a) Work to strengthen state-level coordination and collaboration programs.
(a) Work to strengthen state-level coordination and collaboration among the various sectors and settings of early childhood education programs.
various sectors and settings of early childhood education (b) Conduct periodic statewide assessments of needs relating to the quality and availability of programs and services for children who are in early childhood education programs.
(b) Conduct periodic statewide assessments of needs relating to the quality and availability of programs and services for children who are in early childhood education programs.
higher education in this State in developing teachers in the field of early childhood education.
(e) Assess the capacity and effectiveness of institutions of higher education in this State in developing teachers in the field of early childhood education.
- 82nd Session (2023) – 6 – (h) Perform such other duties relating to early childhood education programs as designated by the Governor.
Assembly Amendment No.
645 to Assembly Bill No.
463 Page 7 (h) Perform such other duties relating to early childhood education programs as designated by the Governor.
On or before December 1 of each year, the Council shall submit a report to the Governor and to the Director of the Standing Committee on Health and Human Services and the Jointim Interim Standing Committee on Education, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
On or before December 1 of each year, the Council shall submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on Education, if the report is received during an odd-numbered year, or to the next session of the Legislature, if the report is received during an even-numbered year.
(d) Increasing opportunities for developing staff competence and entities.velopment within and between cooperating agencies and (e) Developing the most efficient, effective and economical methods for providing services to children and families.
(d) Increasing opportunities for developing staff competence and career development within and between cooperating agencies and entities.
(e) Developing the most efficient, effective and economical methods for providing services to children and families.
and - 82nd Session (2023) – 7 – care programs.ation of community services with preschool or day Sec.
and (c) Coordination of community services with preschool or day care programs.
Sec.
(3) Hold a high school diploma or, if approved by the Administrator , [of the Division of Public and Behavioral Health,] a semester hours in early childhood education or related coursesast and have at least 3,000 hours of experience in a child care facility;
(3) Hold a high school diploma or, if approved by the Administrator , [of the Division of Public and Behavioral Health,] a general educational development certificate, have completed at least 15 semester hours in early childhood education Assembly Amendment No.
645 to Assembly Bill No.
463 Page 8 or related courses and have at least 3,000 hours of experience in a child care facility;
and licensee commences service as the director of a child care facility, apply to the Nevada Registry or its successor organization, and annually renew his or her registration before the date on which it expires.
and (c) Within 90 days after the licensee or person appointed by the licensee commences service as the director of a child care facility, apply to the Nevada Registry or its successor organization, and annually renew his or her registration before the date on which it expires.
- 82nd Session (2023) – 8 – (b) Establish a professional development system in this State for the field of early childhood care and education;
(b) Establish a professional development system in this State for the field of early childhood care and education;
and the field of early childhood care and education.mation concerning Sec.
and (d) Act as a statewide clearinghouse of information concerning the field of early childhood care and education.
Sec.
The State Fire Marshal or a designee of the State Fire Marshal [shall, at least annually:] , which may include a local fire agency that meets an industry standard accepted by the State Fire Marshal, may, in accordance with regulations adopted by the Board:
The State Fire Marshal or a designee of the State Fire Marshal [shall, at least annually:] , which may include a local fire agency that [is accredited by a national organization that accredits fire agencies,] meets an industry standard accepted by the State Fire Marshal, may, in accordance with regulations adopted by the Board:
The [Chief Medical Officer] Administrator or a designee of the [Chief Medical Officer] Administrator shall enter and inspect at least annually, every building or premises of a child care facility and Division,] to secure compliance with laws and regulationsf of the concerning the health, safety and welfare of children in the care of the facility or program.
The [Chief Medical Officer] Administrator or a designee of the [Chief Medical Officer] Administrator shall enter and inspect at least annually, every building or premises of a child care facility and area of operation of an outdoor youth program [, on behalf of the Division,] to secure compliance with laws and regulations concerning the health, safety and welfare of children in the care of the facility or program.
The [Chief Medical Officer] Administrator shall publish reports of the inspections and make them available for public inspection upon request.
The [Chief Medical Assembly Amendment No.
645 to Assembly Bill No.
463 Page 9 Officer] Administrator shall publish reports of the inspections and make them available for public inspection upon request.
- 82nd Session (2023) – 9 – 1.
1.
Except as otherwise provided in subsection 3 and unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this State, including a facility licensed by a county or city, unless the parents or certificate stating that the child has been immunized and hasa received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
Except as otherwise provided in subsection 3 and unless excused because of religious belief or medical condition, a child may not be admitted to any child care facility within this State, including a facility licensed by a county or city, unless the parents or guardian of the child submit to the operator of the facility a certificate stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:
physician or local health officer that the child has received or is receiving the required immunizations;
(a) Agrees to submit within 15 days a certificate from a physician or local health officer that the child has received or is receiving the required immunizations;
- 82nd Session (2023) – 10 – Sec.
Sec.
Except as otherwise provided in subsection 2 and unless excused because of religious belief or medical condition, a child may not be admitted to any accommodation facility within or city, unless the parents or guardian of the child submit to thety operator of the accommodation facility written documentation stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the diseases set forth in subsection 1 of NRS 432A.230.
Except as otherwise provided in subsection 2 and unless excused because of religious belief or medical condition, a child may not be admitted to any accommodation facility within this State, including an accommodation facility licensed by a county or city, unless the parents or guardian of the child submit to the operator of the accommodation facility written documentation stating that the child has been immunized and has received proper boosters for that immunization or is complying with the schedules established by regulation pursuant to NRS 439.550 for the diseases set forth in subsection 1 of Assembly Amendment No.
645 to Assembly Bill No.
463 Page 10 NRS 432A.230.
A child whose parent or guardian has not established a permanent residence in the county in which an accommodation facility is located and whose history of immunization cannot be immediately confirmed by the written documentation required pursuant to subsection 1 may enter the accommodation facility con(a) Agrees to submit within 15 days the documentation required pursuant to subsection 1;
A child whose parent or guardian has not established a permanent residence in the county in which an accommodation facility is located and whose history of immunization cannot be immediately confirmed by the written documentation required pursuant to subsection 1 may enter the accommodation facility conditionally if the parent or guardian:
(a) Agrees to submit within 15 days the documentation required pursuant to subsection 1;
- 82nd Session (2023) – 11 – child care facilities established by a county or city requires a child care facility to maintain proof of immunization of a child admitted to the facility, the Board or agency shall authorize a business which operates more than one accommodation facility to maintain proof of immunization of a child admitted to any accommodation facility of the business at a single location of the business.
5.
To the extent that the Board or an agency for the licensing of child care facilities established by a county or city requires a child care facility to maintain proof of immunization of a child admitted to the facility, the Board or agency shall authorize a business which operates more than one accommodation facility to maintain proof of immunization of a child admitted to any accommodation facility of the business at a single location of the business.
Not later than 45 days after receiving a report pursuant to NRS 218G.590 concerning a child care facility licensed pursuant to chapter 432A of NRS, the Division of [Public and Behavioral Health] Welfare and Supportive Services of the Department of Health and Human Services or the county or incorporated city from which the facility has obtained a license pursuant to NRS 432A.131, as applicable, shall review the facility to which the report pertains to determine whether the facility has include a physical inspection of the facility at the discretion of the Division, county or city, as applicable.
Not later than 45 days after receiving a report pursuant to NRS 218G.590 concerning a child care facility licensed pursuant to chapter 432A of NRS, the Division of [Public and Behavioral Health] Welfare and Supportive Services of the Department of Health and Human Services or the county or incorporated city from which the facility has obtained a license pursuant to NRS 432A.131, as applicable, shall review the facility to which the report pertains to determine whether the facility has corrected the deficiencies described in the report.
The review may include a physical inspection of the facility at the discretion of the Division, county or city, as applicable.
(b) If the deficiencies described in the report of the Legislative Auditor or the Legislative Auditor’s designee have not been resolved, a description of the measures being taken by the facility to resolve the deficiencies, a determination of whether those measures are adequate and the expected date by which the deficiencies will be resolved;
(b) If the deficiencies described in the report of the Legislative Auditor or the Legislative Auditor’s designee have not been resolved, a description of the measures being taken by the facility to resolve the deficiencies, a determination of Assembly Amendment No.
and (c) A statement of any issues of fact or law on which the the Legislative Auditor or the Legislative Auditor’s designee.port of 3.
645 to Assembly Bill No.
463 Page 11 whether those measures are adequate and the expected date by which the deficiencies will be resolved;
and (c) A statement of any issues of fact or law on which the Division, county or city, as applicable, disagrees with the report of the Legislative Auditor or the Legislative Auditor’s designee.
3.
(a) Provide a copy of its report to each court or other governmental agency that places children in the facility and post the - 82nd Session (2023) – 12 – report publicly on an Internet website maintained by the Division, county or city, as applicable;
(a) Provide a copy of its report to each court or other governmental agency that places children in the facility and post the report publicly on an Internet website maintained by the Division, county or city, as applicable;
and (b) Schedule another review of the facility which must be conducted not later than 30 days after the review conducted paragraph, the Division, county or city, as applicable, shall take the actions described in subsection 2 and, if necessary, this subsection.
and (b) Schedule another review of the facility which must be conducted not later than 30 days after the review conducted pursuant to subsection 1.
After the review conducted pursuant to this paragraph, the Division, county or city, as applicable, shall take the actions described in subsection 2 and, if necessary, this subsection.
Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any facility for the dependent or facility which is required by thety, a regulations adopted by the Board pursuant to NRS 449.0303 to be licensed.
Upon receipt of an application for a license, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of a medical facility, a facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed.
Upon receipt of a complaint against a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed, except for a complaint concerning the cost of services, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that facility or any other medical facility, facility for the dependent or facility which is required by the regulations adopted - 82nd Session (2023) – 13 – by the Board pursuant to NRS 449.0303 to be licensed which may have information pertinent to the complaint.
Upon receipt of a complaint against a medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed, except for a complaint concerning the cost of services, conduct an investigation into the premises, facilities, qualifications of personnel, methods of operation, policies, procedures and records of that facility or any other medical facility, facility for the dependent or facility which is required by the regulations adopted by the Board pursuant to NRS 449.0303 to be licensed which may have information pertinent to the complaint.
Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.029 to 449Sec.
Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449.029 to 449.245, inclusive.
11.8.usiNRS 449.131 is hereby amended to read as follows:
Sec.
449.131 1.
11.8.
NRS 449.131 is hereby amended to read as follows:
Assembly Amendment No.
645 to Assembly Bill No.
463 Page 12 449.131 1.
The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups and each arrangement services in which such services are provided to ensure compliance with standards for health and sanitation.
The Chief Medical Officer or a designee of the Chief Medical Officer shall enter and inspect at least annually each building or the premises of a residential facility for groups and each building operated by a provider of community-based living arrangement services in which such services are provided to ensure compliance with standards for health and sanitation.
- 82nd Session (2023) – 14 – 2.
2.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to the contract or other agreement has been transferred.
Any contracts or other agreements entered into by an officer or agency whose name has been changed or whose responsibilities have been transferred pursuant to the provisions of this act to another officer or agency are binding upon the officer or agency to which the responsibility for the administration of the provisions of the contract or other agreement has been transferred.
~~~~~ 23 - 82nd Session (2023)