AB 311 — Revises provisions governing health care. (BDR 40-983)

(ReprintedAssembly withBill amendmentsNo. adopted on April 17, 2023) FIRST REPRINT A.B.

311311–Assemblymen ASSEMBLYBilbray-Axelrod; BILL N O.

311–Gray, ASSEMBLYMENTaylor BILBRAYand -AThomas XELRODCHAPTER.......... ;

GRAY , AYLOR AND THOMAS M ARCH 15, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing health care.

(BDR 40-983) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Sections 3-7 of this bill employee, including a person providing care in a hospital under an agreement withral - *AB311_R1* – 2 – the Armed Forces of the United States pursuant to section 2, from provisions governing the licensure and regulation of certain health professionals in this State.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(a) Successfully completed a program for surgical technologists that is accredited by a national accrediting organization and is certified- as82nd aSession Certified(2023) Surgical– Technologist2 by– the National Board of Surgical Technology and Surgical Assisting or a successorsuccessoral Board organization;

A health care facility may employ a person who does not possess the qualifications prescribed by subsection 1 to engage in the practice of surgical technology at the health care facility if, after conducting a thorough and diligent search, the health care facility is unable to employ a sufficient number of surgical technologists who possess such qualifications.

- *AB311_R1* – 3 – [(a)] (1) The medical officer holds a valid license in good standing to provide such medical care in the District of Columbia or any state or territory of the United States;

[(b)] (2) The medical care is provided as part of a training or educational program designed to further the employment of the medical officer;

andanddesigned to further the employment of the [(c)] (3) The agreement complies with the provisions of 10 U.S.C.

- 82nd Session (2023) – 3 – (1) In his or her official capacity and within the scope of practice authorized by the Federal Government;

(c) A federal surgical technologist who does not meet the requirementssurgical oftechnology NRSat 449.24185the tohospital:age engage in the practice of surgical(1) technologyIn athis or her official capacity and within the hospital:scope of practice authorized by the Federal Government;

(1) In his or her official capacity and within the scope of practice authorized by the Federal Government;

(1) Includes, without limitation, a person who does not hold any license or certificate issued by a licensing authority in thethed District of Columbia or any state or territory of the United States.

- *AB311_R1* – 4 – Sec.

The practice of nursing by students enrolled in accredited schools of nursing or by graduates of those schools or courses pending the results of the first licensing examination scheduled by - 82nd Session (2023) – 4 – as a nursing assistant unless the Boardstudent followingor graduation.graduate is certified to practice as a nursing assistant pursuant to the provisions of this chapter.

A student or graduate may not work as a nursing assistant unless the student or graduate is certified to practice as a nursing assistant pursuant to the provisions of this chapter.

The practice of [any legally qualified nurse of another state] nursing by any person who is employed by the United States Government, or any bureau, division or agency thereof, while in the discharge of his or her official duties in this State, including, without limitation, providing medical care in a hospital in accordance with an agreement7.reeNonmedical enterednursing intofor pursuantthe care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 449.2455.632.017 and 632.018, respectively.

7.

Nonmedical nursing for the care of the sick, with or without compensation, if done by the adherents of, or in connection with, the practice of the religious tenets of any well-recognized church or religious denomination, if that nursing does not amount to the practice of practical or professional nursing as defined in NRS 632.017 and 632.018, respectively.

or (b) That person is employed or retained as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a license - *AB311_R1* – 5 – pursuant tothereto.er chapter 449 of NRS and the regulations adopted pursuant thereto.As used in this subsection, “community-based living arrangement services” has the meaning ascribed to it in NRS 449.0026.

 As used in this subsection, “community-based living arrangement services” has the meaning ascribed to it in NRS 449.0026.

or (b)- That82nd personSession is(2023) employed– or5 retained– as an independent contractor by a partnership, firm, corporation or association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.

(b) A pharmaceutical technician of the Armed Forces of the United States or a pharmaceutical technician of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing care in a hospital in accordance with an agreement entered into pursuant to a NRS 449.2455.

§§ 151 to 159, inclusive, and any amendments to or replacements of the Act, and any regulations adopted pursuant to the Act.

§§ 151Act, to 159, inclusive, and any amendmentsregulations adopted pursuant to orthe replacementsAct.cements of the Act,(d) and“Veterinary anybiologic regulationsproduct” adoptedhas pursuantthe meaning ascribed to the“biological Act.product” in 9 C.F.R.

- *AB311_R1* – 6 – (d) “Veterinary biologic product” has the meaning ascribed to “biological product” in 9 C.F.R.

and - 82nd Session (2023) – 6 – (3) Does not use any letters, words or insignia listed in NRS 640.170 or 640.175 in connection with his or her name or otherwise represent that he or she is a physical therapist or physical therapist assistant, or that he or she practices physical therapy;

[or] (b) A physical therapist who is temporarily exempt from licensure pursuant to NRS 640.135 and is practicing physical therapy within the scope of the exemption [.] ;

1.chapter 630 or 633 of NRS.sician assistant licensed pursuant to 2.

A physician or physician assistant licensed pursuant to chapter 630 or 633 of NRS.