Nevada 2023 Regular Session Status: Enacted 8 D cosponsors

AB 267 — Revises provisions governing cultural competency training. (BDR 40-820)

Last action — Approved by the Governor. Chapter 202.

  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 07, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 05, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    3 primary, 6 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (8 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

500 added · 510 removed

500 line(s) added, 510 removed.

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(Reprinted with amendments adopted on April 19, 2023) FIRST REPRINT A.B.
Assembly Bill No.
267 ASSEMBLY BILL NO .
267–Assemblymen Torres;
267–ASSEMBLYMEN T ORRES ;
D’Silva, Duran, González, Brittney Miller and Nguyen Joint Sponsors:
D’SILVA, D URAN , GONZÁLEZ , BRITTNEY M ILLER AND N GUYEN M ARCH 7, 2023 ____________ JOINT S PONSORS :
Senators Donate, Flores;
SENATORS DONATE , LORES ;AND N GUYEN ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing cultural competency training.
and Nguyen CHAPTER..........
(BDR 40-820) FISCAL NOTE:
AN ACT relating to health care;
Effect on Local Government:
revising provisions relating to the requirement that certain medical facilities conduct training of certain agents and employees in cultural competency;
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
AN ACT relating to healthcare;
revising provisions relating to the requirement that certain medical facilities conduct training of agents and employees in cultural competency;
Legislative Counsel’s Digest:
LegiExisting law provides that the State Board of Health shall require, by regulation, a medical facility, facility for the dependent and certain other facilities to conduct training relating specifically to cultural competency for any agent or employee of the facility so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:
Existing law provides that the State Board of Health shall require, by regulation, a medical facility, facility for the dependent and certain other facilities to conduct training relating specifically to cultural competency for any agent or patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:
(3) persons with various sexual orientations and gender identities or expressions;
(3) persons with various citizens;
(4) children and senior citizens;
Such training relating to cultural competency must be provided through a course or - *AB267_R1* – 2 – program that is approved by the Department of Health and Human Services.
Such training relating to cultural competency must be provided through a course or program that is approved by the Department of Health and Human Services.
(1) requires the Board to set forth by regulation the frequency with which such a facility is required to conduct the training relating to cultural competency;
(1) requires the Board to set forth by regulation the frequency with which such a facility is required to conduct the training relating to such training if an agent or employee of the facility has successfully completed a course or program of cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable.
and (2) creates an exception to the requirement to provide such training if an agent or employee of the facility has successfully completed a course or program of cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, Minority Health and Equity of the Department of Health and Human Services to:fice of (1) establish and maintain a list of courses and programs on cultural competency that are approved for training relating to cultural competency;
Section 1 further limits the requirement to receive training relating to cultural competency to agents and employees who:
(1) provide clinical, administrative or support services and regularly have direct patient contact as part of their regular job duties;
or (2) oversee such agents or employees.
Department of Health and Human Services to:
(1) establish and maintain a list of courses and programs on cultural competency that are approved for training relating to cultural competency;
and (2) requires the Department to report annually to certain the Department approved a course or program of training in the immediatelyhin which preceding year.
and (2) - 82nd Session (2023) – 2 – requires the Department to report annually to certain joint interim committees of the Legislature the average length of time within which the Department approved a course or program of training in the immediately preceding year.
Existing law requires, as a prerequisite for the renewal of a license, a nurse, psychologist, marriage and family therapist, clinical professional counselor, social worker or behavior analyst to complete at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion.
Existing law requires, as a prerequisite for the renewal of a license, a nurse, worker or behavior analyst to complete at least 2 hours of instruction relating toal cultural competency and diversity, equity and inclusion.
(NRS 632.343, 641.220, 641A.260, 641B.280, 641D.360) Existing law requires, as a prerequisite for the gambling counselor to complete at least 1 hour of instruction relating to cultural competency and diversity, equity and inclusion.
(NRS 632.343, 641.220, 641A.260, 641B.280, 641D.360) Existing law requires, as a prerequisite for the renewal of a license or certificate, an alcohol and drug counselor or problem gambling counselor to complete at least 1 hour of instruction relating to cultural competency and diversity, equity and inclusion.
(NRS 641C.450) Section 3 of this bill requires a nurse to complete at least 4 hours of such instruction.
(NRS 641C.450) Section 3 of this this bill require a psychologist, marriage and family therapist, clinical professionalf counselor or social worker to complete at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.
Sections 5-7 of this bill require a psychologist, marriage and family therapist, clinical professional counselor or social worker to complete at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.
Section 8 of this bill requires an alcohol and drug counselor or problem gambling counselor to complete at least 3 hours of instruction relating to cultural competency and diversity, equity and inclusion.
Section 8 of this bill requires an alcohol and drug counselor or problem gambling counselor to complete at least 3 hours of instruction relating to cultural competency and diversity, equity 6 hours of instruction relating to cultural competency and diversity, equity and least inclusion.
Section 9 of this bill requires a behavior analyst to complete at least inclusion.
instruction relating to cultural competency and diversity, equity and EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
[To] Except as otherwise provided in subsection 2, to enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who provides care to a patient or resident of the facility to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who provides care to a patient or resident of the facility so that such an agent or employee may better understand - *AB267_R1* – 3 – patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:
[To] Except as otherwise provided in subsection 3, to enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who [provides care to a patient or resident of the facility] is described in subsection 2 to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who [provides care to a patient or resident of the facility] is described in subsection 2 so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:
and (f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board.
and - 82nd Session (2023) – 3 – (f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board.
The Board shall set forth by regulation the frequency with which a medical facility, facility for the dependent or other facility is required to provide such training relating to cultural competency.
The Board shall set forth by regulation the frequency with which a medical facility, facility for the dependent or other facility competency.
2.
to provide such training relating to cultural 2.
[The] A medical facility, facility for the dependent or other facility is not required to provide training relating specifically to cultural competency to an agent or employee who has successfully completed a course or program in cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable.
[The] Except as otherwise provided in subsection 3, the requirements of subsection 1 apply to any agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who:
(a) Provides clinical, administrative or support services and has direct patient contact at least once each week on average as a part of his or her regular job duties;
or (b) Oversees an agent or employee described in paragraph (a).
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Except as otherwise provided in subsection 5, the training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services.
A medical facility, facility for the dependent or other facility is not required to provide training relating specifically to cultural competency to an agent or employee who is described in subsection 2 and who has successfully completed a course or program in cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable.
Except as otherwise provided in subsection 6, the training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided Health and Human Services.m that is approved by the Department of 5.
(a) Establish and maintain a list of the courses and programs that are approved for training relating to cultural competency pursuant to subsection 3.
(a) Establish and maintain a list of the courses and programs that are approved for training relating to cultural competency pursuant to subsection 4.
5.
A medical facility, facility for the dependent or other facility which is required to conduct training specifically relating to cultural competency may apply to the Department of Health and Human Services to provide a course or program on cultural competency that is not approved by the Department pursuant to subsection 3.
Any such request must be approved or denied by the - *AB267_R1* – 4 – Department not later than 10 business days after the receipt of the application.
On or before October 1 of each year, the Department of Health and Human Services shall report the average length of time within which the Department approved a course of program or training relating to cultural competency in the immediately preceding year pursuant to subsection 3 or 5, as applicable, 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 Commerce and Labor.
A medical facility, facility for the dependent or other facility which is required to conduct training specifically relating to cultural competency may apply to the Department of Health and - 82nd Session (2023) – 4 – Human Services to provide a course or program on cultural competency that is not approved by the Department pursuant to subsection 4.
Any such request must be approved or denied by the Department not later than 10 business days after the receipt of the app7.catOn or before October 1 of each year, the Department of Health and Human Services shall report the average length of time within which the Department approved a course of program or training relating to cultural competency in the immediately preceding year pursuant to subsection 4 or 6, as applicable, 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 Commerce and Labor.
8.
As used in this section:
(a) “Direct patient contact” means direct contact with a patient or resident of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed which is in person or using telephone, electronic mail, telehealth or other electronic means, except that the term does not include incidental contact.
(b) “Telehealth” has the meaning ascribed to it in NRS 629.515.
The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board.
The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory of the license, of 30 hours in a program of continuing educationwal approved by the Board in accordance with regulations adopted by the Board.
The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable relationship to current developments in the field of nursing or any special area of practice in which a licensee engages.
The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable - 82nd Session (2023) – 5 – special area of practice in which a licensee engages.
These may include academic studies, workshops, extension studies, home study and other courses.
These may any include academic studies, workshops, extension studies, home study and other courses.
The program of continuing education required by subsection 1 must include:
The program of continuing education required by subsection must include:
(2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of - *AB267_R1* – 5 – a course of instruction relating to genetic counseling and genetic testing.
(2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of a course of instruction relating to genetic counseling and genetic testing.
(b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction.
(b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, involves the use of a weapon of mass destruction.
(c) For each person licensed pursuant to this chapter, one or more courses of instruction that provide at least [2] 4 hours of instruction relating to cultural competency and diversity, equity and inclusion to be completed biennially.
(c) For each person licensed pursuant to this chapter, one or instruction relating to cultural competency and diversity, equity and inclusion to be completed biennially.
(I) Persons from various gender, racial and ethnic backgrounds;
- 82nd Session (2023) – 6 – (I) Persons from various gender, racial and ethnic backgrounds;
(d) For a person licensed as an advanced practice registered nurse, at least 2 hours of training in the screening, brief intervention - *AB267_R1* – 6 – and referral to treatment approach to substance use disorder to be completed within 2 years after initial licensure.
(d) For a person licensed as an advanced practice registered nurse, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder to be completed within 2 years after initial licensure.
(a) The skills and knowledge that the licensee needs to address aging issues;
(a) The skills and knowledge that the licensee needs to address agi(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
(b) Approaches to providing health care to older persons, including both didactic and clinical approaches;
The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or her continuing education, training and education in the diagnosis of rare diseases, including, without limitation:
The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or - 82nd Session (2023) – 7 – rare diseases, including, without limitation:ion in the diagnosis of (a) Recognizing the symptoms of pediatric cancer;
(a) Recognizing the symptoms of pediatric cancer;
- *AB267_R1* – 7 – Sec.
Sec.
4.
(Deleted by amendment.) Sec.
NRS 641.220 is hereby amended to read as follows:
(DNRS 641.220 is hereby amended to read as follows:
The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board.
The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for con4.
4.
(b) A requirement that the holder of a license must biennially receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.
- 82nd Session (2023) – 8 – (b) A requirement that the holder of a license must biennially receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(1) May include the training provided pursuant to NRS 449.103(2) Must be based upon a range of research from diverse sources.
(2) Must be based upon a range of research from diverse sources.
and - *AB267_R1* – 8 – (VIII) Persons who are part of any other population that the holder of a license may need to better understand, as determined by the Board.
and (VIII) Persons who are part of any other population that the holder of a license may need to better understand, as determined by the Board.
(a) Apply to the Board for renewal;
(a) A requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
(a) A requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or - 82nd Session (2023) – 9 – another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate.
(b) A requirement that the holder receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.
(b) A requirement that the holder receive at least [2] 6 hours of inclusion.
Such instruction:
Such instruction:ural competency and diversity, equity and (1) May include the training provided pursuant to NRS 449.103, where applicable.
(1) May include the training provided pursuant to NRS 449.103, where applicable.
- *AB267_R1* – 9 – (VII) Persons with an intellectual disability, developmental disability or physical disability;
(VII) Persons with an intellectual disability, developmental disability or physical disability;
Every holder of a license issued pursuant to this chapter may renew his or her license annually by:
Every holder of a license issued pursuant to this cha(a) Applying to the Board for renewal;ally by:
(a) Applying to the Board for renewal;
(b) A requirement that every 2 years the holder receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.
- 82nd Session (2023) – 10 – (b) A requirement that every 2 years the holder receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion.
(1) May include the training provided pursuant to NRS 449.103, where applicable.
(1) May include the training provided pursuant to NRS 449.103(2) Must be based upon a range of research from diverse sources.
(2) Must be based upon a range of research from diverse sources.
- *AB267_R1* – 10 – Sec.
Sec.
2.
in NRS 641C.470.r the renewal of a license or certificate prescribed 3.
The fee for the renewal of a license or certificate prescribed in NRS 641C.470.
3.
(2) Must be based upon a range of research from diverse sources.
- 82nd Session (2023) – 11 – (2) Must be based upon a range of research from diverse sources.
(I) Persons from various gender, racial and ethnic backgrounds;
backgrounds;) Persons from various gender, racial and ethnic (II) Persons from various religious backgrounds;
(II) Persons from various religious backgrounds;
To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior - *AB267_R1* – 11 – technician, each person must, on or before the first day of January of each odd-numbered year:
To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year:
(b) Pay the biennial fee for the renewal of a license or registration;
(b) Pay the biennial fee for the renewal of a license or reg(c) Submit evidence to the Board:
(c) Submit evidence to the Board:
3.
- 82nd Session (2023) – 12 – prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must:
The Board shall adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must:
(2) Must be based upon a range of research from diverse sources.
(2) Must be based upon a range of research from diverse sources(3) Must address persons of different cultural backgrounds, including, without limitation:
(3) Must address persons of different cultural backgrounds, including, without limitation:
- *AB267_R1* – 12 – (V) Veterans;
(V) Veterans;
and behavior analyst may need to better understand, as determined byat a the Board.
and (VIII) Persons who are part of any other population that a behavior analyst may need to better understand, as determined by the Board.
4.
behavior technician to receive continuing education.g a registered Sec.
The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education.
Sec.
(a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
- 82nd Session (2023) – 13 – (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act;
H - *AB267_R1*
~~~~~ 23 - 82nd Session (2023)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 202.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 613 concurred in. To enrollment.

  4. In Assembly.

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

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

  7. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 613.) To printer.

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

  9. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 32, Nays: 10.) To Senate.

  10. Read second time. Amended. (Amend. No. 184.) To printer.

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

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Commerce and Labor. To printer.

Sponsors

Sponsorship breakdown

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3 sponsors · 6 co-sponsors · 58 not signed on

Sponsors (3)

Co-sponsors (6)

Not signed on (58)

58 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.

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Subjects

public-safety education
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Frequently asked questions

Who sponsors AB 267?
AB 267 is sponsored by Torres-Fossett, Selena (Democratic), Doñate, Fabian (Democratic), Flores, Edgar (Democratic), D'Silva, Reuben (Democratic), González, Cecelia (Democratic), Miller, Brittney M. (Democratic), Nguyen, Duy (Democratic), Nguyen, Rochelle T. (Democratic), and Duran, Bea.
What is the current status of AB 267?
This bill has been enacted into law. Introduced March 07, 2023. Enacted.
Where can I track AB 267?
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