AB 132 — Requires the establishment of a Regional Opioid Task Force in Clark County. (BDR S-721)

Section 5 alsoity provides immunity from civil and criminal liability for persons and entities that act in due care in accordance with sections 2-5 of this bill and other applicable law.

Sections 7, 9 and 10 of this bill make conforming changes to require that certain information be made available to a person or entity conducting an opioid overdose fatality review.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1.

Chapter 439 of NRS is hereby amended by adding thereto the provisions set forth as sections 2 to 5, inclusive, of this act.

Sec.

2.

As used in sections 2 to 5, inclusive, of this act, unless the context otherwise requires, “opioid overdose fatality review” means a review of one or more deaths resulting from an opioid overdose which is conducted in accordance with sections 2 to 5, inclusive, of this act.

Sec.

3.

(Deleted by amendment.) Sec.

3.5.

AnyThe Clark County Board of County Commissioners shall establish a Regional Opioid Task Force, consisting of the following entitiesmembers mayappointed conductby anthe opioidClark overdoseCounty fatalityBoard review:of County Commissioners:

(a) AOne statemember orwho localrepresents governmentala entity.social services agency in Clark County;

(b) AOne hospital,member aswho definedrepresents inthe NRSDepartment 449.012, or other facility licensed pursuant to chapter 449 of NRSFamily thatServices is engaged in the treatment of mentalClark healthCounty; or substance use disorders.

-(c) *AB132_R1*One –member 3who –represents (c)the ADepartment provider of healthJuvenile care,Justice asServices defined in NRS 629.031, for whom conducting an opioid overdose fatality review is within his or her scope of practice.Clark County;

(d) AOne facultymember member,who studentrepresents orthe groupSouthern ofNevada facultyHealth membersDistrict; or students at an institution of higher education, if:

(1)(e) TheOne student, faculty member orwith groupexperience isin engagedthe infield relevantof researchpublic andhealth hasepidemiology theselected expressfrom permissiona list of nominees submitted by the institution;Southern Nevada Health District;

and(f) (2)One Themember institutionwith assumesexperience responsibilityin for ensuring that the confidentialityfield of theprimary informationhealth collectedcare; during the opioid overdose fatality review is protected, including, without limitation, by storing such information in accordance with all applicable state and federal laws.

(e)(g) AnyOne othermember entitywith thatexperience hasin entered into a memorandum of understanding that meets the requirementsfield of subsectionmental 3health; with a state or local governmental entity or an institution of higher education.

(h) One member who represents the Clark County School District;

- 82nd Session (2023) – 2 – (i) One member who represents law enforcement selected from a list of nominees submitted by the Las Vegas Metropolitan Police Department;

(j) One member with experience in the field of behavioral hea(k) One member with experience in the field of addiction medicine;

(l) One member who represents a provider of emergency medical services in Clark County;

(m) One member who represents public health educators or community health workers who represent or serve persons with limited-English proficiency;

(n) One member who represents a substance use disorder prevention coalition in Clark County;

and (o) The Clark County coroner or his or her designee.

AThe stateTask orForce localshall: governmental entity or an institution of higher education shall not enter into a memorandum of understanding with an entity pursuant to paragraph (e) of subsection 1 unless the entity proposing to conduct an opioid overdose fatality review demonstrates that the entity is:

(a) CapableReview ofdata conductingrelating anto opioid overdose fatalityfatalities reviewand near fatalities in accordancethe withcounty sectionsto 2identify gaps in community services relating to 5,opioids inclusive,and ofopioid thisoverdose act;fatalities;

and (b) AbleIdentify toexisting maintainstatewide theand confidentialitycommunity ofdatabases informationthat obtainedcontain duringinformation therelating opioidto overdoseharm fatalityreduction review and otherwisesubstance complyuse withto sectionsassist 2in toidentifying 5,gaps inclusive,in ofcommunity thisservices act and alldeveloping othertargeted relevantinterventions staterelating andto federalopioids; laws.

and (c) Ensure any data reviewed by the Task Force is comprised of multiple sources and databases.

AAfter memorandumreviewing ofdata understandingpursuant enteredto intosubsection pursuant2, tothe paragraphTask (e)Force ofmay subsectionelect 1to must:conduct:

(a)or Defineafter theOctober scope1, of2023, theas opioidnecessary overdoseto fatalitydetermine reviewtheoccurring andon theresponsiveness activitiesof thatcommunity willservices; comprise the opioid overdose fatality review;

or (b) PrescribeA thereview measuresof opioid overdose fatalities in the entityzip proposingcodes toof conductClark theCounty opioidwith overdosethe fatalityhighest reviewnumbers willof takeopioid to:overdose fatalities.

(1) Maintain the confidentiality of information obtained during the opioid overdose fatality review;

and (2) Otherwise comply with sections 2 to 5, inclusive, of this act and all other relevant state and federal laws;

(c) Prescribe the duties of the entity proposing to conduct the opioid overdose fatality review and the state or local governmental entity or institution of higher education, as applicable;

(d) Authorize the state or local governmental entity or institution of higher education, as applicable, to access any information obtained as part of the opioid overdose fatality review;

and - *AB132_R1* – 4 – (e) Transfer any copyright or other intellectual property resulting from the opioid overdose fatality review to the state or local governmental entity or institution of higher education, as applicable.

AIn personaddition or entity that conducts an opioid overdose fatality review or enters into a memorandum of understanding pursuant to paragraphthe (e)requirements of subsection 12, authorizingthe anotherTask entityForce toshall conductidentify: an opioid overdose fatality review:

(a) ShallAny maketrends anyin results, findings or recommendations from the opioidsocial overdosedeterminants fatalityof reviewhealth availablerelating to theopioid public;overdose fatalities;

and (b) ShallOpportunities notfor usecollaboration theto opioidleverage overdoseexisting fatalityresources reviewto orprevent any work product, results, findings or recommendations resulting from the opioid overdose fatalityfatalities, reviewprevent forsubstance commercialmisuse purposesand orpromote otherrecovery purposesfor topersons exclusivelywith benefitaddictive thedisorders. person or entity.

Sec.

4.

1.

A person or entity conducting an opioid overdose fatality review may consult and cooperate with:

(a) The Advisory Committee for a Resilient Nevada created by NRS 433.726;

(b) The Committee to Review Suicide Fatalities created by NRS 439.5104;

(c) Halfway houses licensed pursuant to chapter 449 of NRS;

(d) The Statewide Substance Use Response Working Group created by NRS 458.460;

and (e) A multidisciplinary team to:

(1) Review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or 228.495;

(2) Review the death of a child organized pursuant to NRS 432B.405;

and (3) Oversee the review of the death of a child pursuant to NRS 432B.4075.

2.

An opioid overdose fatality review is separate from, independent of and in addition to any investigation or review which is required or authorized by law to be conducted, including, without limitation, any investigation conducted by a coroner or coroner’s deputy pursuant to NRS 259.050.

3.

A person or entity conducting an opioid overdose fatality review may access information, including, without limitation, any:

(a) Investigative information obtained by a law enforcement agency relating to a death;

(b) Records from an autopsy or an investigation conducted by a coroner or coroner’s deputy relating to a death, including, without limitation, toxicology test records;

(c) Medical, mental health or substance use disorder records of a decedent;

- *AB132_R1* – 5 – (d) Records relating to social or rehabilitative services provided to a decedent;

and (e) Records of a social services agency which has provided services to a decedent.

4.

An opioid overdose fatality review may include, without limitation:

(a) Consideration of the points of contact between the decedent and:

(1) The health care system;

(2) Social services agencies, including, without limitation, agencies which provide child welfare services, as defined in NRS 432B.030;

(3) Law enforcement agencies and other agencies within the criminal justice system;

and (4) Any other relevant persons or entities;

(b) Identification of specific factors, including, without limitation, social determinants of health, that increased the decedent’s risk of an opioid overdose;

(c) The collection, maintenance and analysis of data relating to fatalities resulting from opioid overdoses;

and (d) The development of strategies to reduce opioid overdoses that are specific to particular communities.

Sec.

1.Beginning not later than January 1, 2024, the Task Force shall meet not less than once each quarter.

AThe personmeetings orof entitythe conductingTask anForce opioidmust overdosebe fatalityconducted reviewin may:accordance with the provisions of chapter 241 of NRS.

(a)- Conduct82nd investigationsSession in(2023) connection– with3 carrying– outensure thethat provisionsthere ofis sectionssufficient 2staffing to 5,support inclusive,the administrative needs of thisthe act.Task Force.

(b) If appropriate, meet and share information with any person or team specified in subsection 1 of section 4 of this act.

(c) Petition a district court for the issuance of, and the district court may issue, a subpoena to compel the production of any books, records or papers relevant to the overdose fatality that is the subject of the opioid overdose fatality review.

Except as otherwise provided in NRS 239.0115, any books, records or papers received pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.

(d) Propose recommendations concerning overdose fatalities in this State.

Such recommendations may include, without limitation:

(1) Recommended strategies to improve the coordination among agencies of services and investigations to reduce opioid overdoses;

and (2) Advice to local, regional or state policymakers concerning changes to law, policy, funding or procedures to prevent opioid overdoses.

- *AB132_R1* – 6 – (e) Issue a special report to notify the appropriate authorities or members of the public concerning the need to take any prompt corrective action concerning overdose fatalities in this State.

2.

A person or entity that conducts an opioid overdose fatality review may publish reports concerning:

(a) Any trends or patterns in overdose fatalities in this State or serious risk factors concerning those fatalities;

and (b) Any recommendations for changes in any law, policy or practice that may assist in preventing overdose fatalities in this State or related serious occurrences.

3.

A report published pursuant to subsection 2 must not include any confidential or privileged information.

4.

Except as otherwise provided in this section and NRS 239.0115 and section 3.5 of this act, any information acquired as part of an opioid overdose fatality review or any records concerning an opioid overdose fatality review are confidential, must not be disclosed and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.

5.

Except as otherwise provided in this subsection, a person or entity who, exercising due care, takes any action authorized by sections 2 to 5, inclusive, of this act, including, without limitation, making information available to a person or entity conducting an opioid overdose fatality review, is immune from civil or criminal liability for that action.

The provisions of this subsection do not apply to a person or entity that fails to comply with:

(a) Any provision of sections 2 to 5, inclusive, of this act or other applicable law;

or (b) A memorandum of understanding entered into pursuant to paragraph (e) of subsection 1 of section 3.5 of this act.

Sec.

6.

(Deleted by amendment.) Sec.

NRSOn 440.170or isbefore herebyDecember amended30, 2024, the Task Force shall submit a report to readthe asGovernor follows:and the Director of the Legislative Counsel Bureau for transmittal to the 83rd Session of the Legislature which includes a summary of the work of the Task Force and any recommendations for legislation.

440.170 1.

All certificates in the custody of the State Registrar are open to inspection subject to the provisions of this chapter.

It is unlawful for any employee of the State to disclose data contained in vital statistics, except as authorized by this chapter or by the Board.

2.

Information in vital statistics indicating that a birth occurred out of wedlock must not be disclosed except upon order of a court of competent jurisdiction.

3.

The Board:

(a) Shall allow the use of data contained in vital statistics to carry out the provisions of NRS 442.300 to 442.330, inclusive;

(b) Shall allow the use of certificates of death by a multidisciplinary team:

- *AB132_R1* – 7 – (1) To review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475;

and (2) To review the death of a child established pursuant to NRS 432B.405 and 432B.406;

(c) Shall allow the use of certificates of death by [the:] :

(1) The Committee on Domestic Violence appointed pursuant to NRS 228.470;

[and] (2) The Committee to Review Suicide Fatalities created by NRS 439.5104;

and (3) A person or entity conducting an opioid overdose fatality review pursuant to sections 2 to 5, inclusive, of this act;

and (d) May allow the use of data contained in vital statistics for other research purposes, but without identifying the persons to whom the records relate.

8.

NRS 239.010 is hereby amended to read as follows:

239.010 1.

Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 224.240, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 232.1369, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, - *AB132_R1* – 8 – 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 439.4941, 439.4988, 439.840, 439.914, 439A.116, 439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2671, 630.2672, 630.2673, 630.30665, 630.336, 630A.327, 630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 632.3423, 632.405, 633.283, 633.301, 633.4715, 633.4716, 633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 634A.185, 635.111, 635.158, 636.262, 636.342, 637.085, 637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 641.221, 641.2215, 641.325, 641A.191, 641A.217, 641A.262, 641B.170, 641B.281, 641B.282, 641C.455, 641C.760, - *AB132_R1* – 9 – 641D.260, 641D.320, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and sections 3.5 and 5 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.

Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public.

This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law.

AThe governmentalprovisions entityof mayNRS 354.599 do not rejectapply to any additional expenses of a booklocal orgovernment recordthat whichare isrelated copyrightedto solelythe becauseprovisions itof isthis copyrighted.act.

3.

A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential.

4.

If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium.

Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:

- *AB132_R1* – 10 – (a) The public record:

(1) Was not created or prepared in an electronic format;

and (2) Is not available in an electronic format;

or (b) Providing the public record in an electronic format or by means of an electronic medium would:

(1) Give access to proprietary software;

or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential.

5.

An officer, employee or agent of a governmental entity who has legal custody or control of a public record:

(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has already prepared or would prefer to provide the copy in a different medium.

(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.

9.

NRS 392.317 is hereby amended to read as follows:

392.317 Except as otherwise provided in NRS 392.317 to 392.337, inclusive, and in addition to information provided pursuant to NRS 392.337, information maintained by an agency which provides child welfare services pursuant to NRS 392.275 to 392.365, inclusive, may, at the discretion of the agency which provides child welfare services, be made available only to:

1.

The child who is the subject of the report, the parent or guardian of the child and an attorney for the child or the parent or guardian of the child, if the identity of the person responsible for reporting the abuse or neglect of the child or the violation of NRS 201.540, 201.560, 392.4633 or 394.366 to a public agency and the identity of any child witness are kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child who is the subject of the report;

2.

A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected or subject to a violation of NRS 201.540, 201.560, 392.4633 or 394.366;

AnThis agency,act including,becomes withouteffective limitation,on anOctober agency1, in2023, anotherand jurisdiction,expires responsibleby forlimitation oron authorizedDecember to31, undertake2024. the care or treatment or supervision of the child or investigate the allegations in the report;

-~~~~~ *AB132_R1*23 –- 1182nd –Session 4.(2023)

A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the conduct alleged in the report;

5.

A court, other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

6.

A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

7.

A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

8.

A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect and violations of NRS 201.540, 201.560, 392.4633 or 394.366 or similar statutes in another jurisdiction;

9.

A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

10.

A team organized pursuant to NRS 432B.405 to review the death of a child;

11.

Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

(a) The identity of the person making the report is kept confidential;

and (b) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have engaged in the conduct described in the report;

12.

The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

13.

A public school, private school, school district or governing body of a charter school or private school in this State or any other jurisdiction that employs a person named in the report, allows such a person to serve as a volunteer or is considering employing such a person or accepting such a person as a volunteer;

14.

The school attended by the child who is the subject of the report and the board of trustees of the school district in which the school is located or the governing body of the school, as applicable;

- *AB132_R1* – 12 – 15.

An employer in accordance with subsection 3 of NRS 432.100;

[and] 16.

The Committee to Review Suicide Fatalities created by NRS 439.5104 [.] ;

and 17.

A person or entity conducting an opioid overdose fatality review pursuant to sections 2 to 5, inclusive, of this act.

Sec.

10.

NRS 432B.290 is hereby amended to read as follows:

432B.290 1.

Information maintained by an agency which provides child welfare services must be maintained by the agency which provides child welfare services as required by federal law as a condition of the allocation of federal money to this State.

2.

Except as otherwise provided in this section and NRS 432B.165, 432B.175 and 432B.513, information maintained by an agency which provides child welfare services may, at the discretion of the agency which provides child welfare services, be made available only to:

(a) A physician, if the physician has before him or her a child who the physician has reasonable cause to believe has been abused or neglected;

(b) A person authorized to place a child in protective custody, if the person has before him or her a child who the person has reasonable cause to believe has been abused or neglected and the person requires the information to determine whether to place the child in protective custody;

(c) An agency, including, without limitation, an agency in another jurisdiction, responsible for or authorized to undertake the care, treatment or supervision of:

(1) The child;

or (2) The person responsible for the welfare of the child;

(d) A district attorney or other law enforcement officer who requires the information in connection with an investigation or prosecution of the abuse or neglect of a child;

(e) Except as otherwise provided in paragraph (f), a court other than a juvenile court, for in camera inspection only, unless the court determines that public disclosure of the information is necessary for the determination of an issue before it;

(f) A court, as defined in NRS 159A.015, to determine whether a guardian or successor guardian of a child should be appointed pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive;

(g) A person engaged in bona fide research or an audit, but information identifying the subjects of a report must not be made available to the person;

- *AB132_R1* – 13 – (h) The attorney and the guardian ad litem of the child, if the information is reasonably necessary to promote the safety, permanency and well-being of the child;

(i) A person who files or intends to file a petition for the appointment of a guardian or successor guardian of a child pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

(j) The proposed guardian or proposed successor guardian of a child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well- being of the child;

(k) A grand jury upon its determination that access to these records and the information is necessary in the conduct of its official business;

(l) A federal, state or local governmental entity, or an agency of such an entity, or a juvenile court, that needs access to the information to carry out its legal responsibilities to protect children from abuse and neglect;

(m) A person or an organization that has entered into a written agreement with an agency which provides child welfare services to provide assessments or services and that has been trained to make such assessments or provide such services;

(n) A team organized pursuant to NRS 432B.350 for the protection of a child;

(o) A team organized pursuant to NRS 432B.405 to review the death of a child;

(p) A multidisciplinary team, as defined in NRS 432B.4014;

(q) A parent or legal guardian of the child and an attorney of a parent or guardian of the child, including, without limitation, the parent or guardian of a child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if the identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning that parent or guardian;

(r) The child over whom a guardianship is sought pursuant to chapter 159A of NRS or NRS 432B.466 to 432B.468, inclusive, if:

(1) The child is 14 years of age or older;

and - *AB132_R1* – 14 – (2) The identity of the person responsible for reporting the abuse or neglect of the child to a public agency is kept confidential and the information is reasonably necessary to promote the safety, permanency and well-being of the child;

(s) The persons or agent of the persons who are the subject of a report, if the information is reasonably necessary to promote the safety, permanency and well-being of the child and is limited to information concerning those persons;

(t) An agency that is authorized by law to license foster homes or facilities for children or to investigate persons applying for approval to adopt a child, if the agency has before it an application for that license or is investigating an applicant to adopt a child;

(u) Upon written consent of the parent, any officer of this State or a city or county thereof or Legislator authorized by the agency or department having jurisdiction or by the Legislature, acting within its jurisdiction, to investigate the activities or programs of an agency which provides child welfare services if:

(1) The identity of the person making the report is kept confidential;

and (2) The officer, Legislator or a member of the family of the officer or Legislator is not the person alleged to have committed the abuse or neglect;

(v) The Division of Parole and Probation of the Department of Public Safety for use pursuant to NRS 176.135 in making a presentence investigation and report to the district court or pursuant to NRS 176.151 in making a general investigation and report;

(w) Any person who is required pursuant to NRS 432B.220 to make a report to an agency which provides child welfare services or to a law enforcement agency;

(x) A local advisory board to expedite proceedings for the placement of children created pursuant to NRS 432B.604;

(y) The panel established pursuant to NRS 432B.396 to evaluate agencies which provide child welfare services;

(z) An employer in accordance with subsection 3 of NRS 432.100;

(aa) A team organized or sponsored pursuant to NRS 217.475 or 228.495 to review the death of the victim of a crime that constitutes domestic violence;

(bb) The Committee on Domestic Violence appointed pursuant to NRS 228.470;

[or] (cc) The Committee to Review Suicide Fatalities created by NRS 439.5104 [.] ;

or (dd) A person or entity conducting an opioid overdose fatality review pursuant to sections 2 to 5, inclusive, of this act.

- *AB132_R1* – 15 – 3.

An agency investigating a report of the abuse or neglect of a child shall, upon request, provide to a person named in the report as allegedly causing the abuse or neglect of the child:

(a) A copy of:

(1) Any statement made in writing to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child;

or (2) Any recording made by the agency of any statement made orally to an investigator for the agency by the person named in the report as allegedly causing the abuse or neglect of the child;

or (b) A written summary of the allegations made against the person who is named in the report as allegedly causing the abuse or neglect of the child.

The summary must not identify the person responsible for reporting the alleged abuse or neglect or any collateral sources and reporting parties.

4.

Except as otherwise provided by subsection 6, before releasing any information maintained by an agency which provides child welfare services pursuant to this section, an agency which provides child welfare services shall take whatever precautions it determines are reasonably necessary to protect the identity and safety of any person who reports child abuse or neglect and to protect any other person if the agency which provides child welfare services reasonably believes that disclosure of the information would cause a specific and material harm to an investigation of the alleged abuse or neglect of a child or the life or safety of any person.

5.

The provisions of this section must not be construed to require an agency which provides child welfare services to disclose information maintained by the agency which provides child welfare services if, after consultation with the attorney who represents the agency, the agency determines that such disclosure would cause a specific and material harm to a criminal investigation.

6.

A person who is the subject of a report of child abuse or neglect made pursuant to this chapter that is assigned a disposition other than substantiated pursuant to NRS 432B.305 and who believes that the report was made in bad faith or with malicious intent may petition a district court to order the agency which provides child welfare services to release information maintained by the agency which provides child welfare services.

The petition must specifically set forth the reasons supporting the belief that the report was made in bad faith or with malicious intent.

The petitioner shall provide notice to the agency which provides child welfare services so that the agency may participate in the action through its counsel.

The district court shall review the information which the petitioner requests to be released and the petitioner shall be allowed to present evidence in support of the petition.

If the court determines that there - *AB132_R1* – 16 – is a reasonable question of fact as to whether the report was made in bad faith or with malicious intent and that the disclosure of the identity of the person who made the report would not be likely to endanger the life or safety of the person who made the report, the court shall provide a copy of the information to the petitioner and the original information is subject to discovery in a subsequent civil action regarding the making of the report.

7.

If an agency which provides child welfare services receives any information that is deemed confidential by law, the agency which provides child welfare services shall maintain the confidentiality of the information as prescribed by applicable law.

8.

Pursuant to this section, a person may authorize the release of information maintained by an agency which provides child welfare services about himself or herself, but may not waive the confidentiality of such information concerning any other person.

9.

An agency which provides child welfare services may provide a summary of the outcome of an investigation of the alleged abuse or neglect of a child to the person who reported the suspected abuse or neglect.

10.

Except as otherwise provided in this subsection, any person who is provided with information maintained by an agency which provides child welfare services and who further disseminates the information or makes the information public is guilty of a gross misdemeanor.

This subsection does not apply to:

(a) A district attorney or other law enforcement officer who uses the information solely for the purpose of initiating legal proceedings;

(b) An employee of the Division of Parole and Probation of the Department of Public Safety making a presentence investigation and report to the district court pursuant to NRS 176.135 or making a general investigation and report pursuant to NRS 176.151;

or (c) An employee of a juvenile justice agency who provides the information to the juvenile court.

11.

An agency which provides child welfare services may charge a fee for processing costs reasonably necessary to prepare information maintained by the agency which provides child welfare services for release pursuant to this section.

12.

An agency which provides child welfare services shall adopt rules, policies or regulations to carry out the provisions of this section.

13.

As used in this section, “juvenile justice agency” means the Youth Parole Bureau or a director of juvenile services.

Sec.

11.

(Deleted by amendment.) H - *AB132_R1*