Nevada 2023 Regular Session Status: In Committee

AB 168 — Revises provisions relating to fetal and infant mortality. (BDR 40-64)

Last action — (No further action taken.)

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    Introduced
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    In Committee
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    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

597 added · 90 removed

597 line(s) added, 90 removed.

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A.B.
(Reprinted with amendments adopted on April 24, 2023) FIRST REPRINT A.B.
168 A SSEMBLY BILL N O.
168 A SSEMBLY B ILLN O.
168–ASSEMBLYWOMEN THOMAS AND G ORELOW FEBRUARY 14, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions governing the Maternal Mortality Review Committee in the Department of Health and Human Services.
168–ASSEMBLYWOMEN THOMAS AND G ORELOW FEBRUARY 14, 2023 ____________ Referred to Committee on Health and Human Services SUMMARY—Revises provisions relating to fetal and infant mortality.
EfEffect on the State:
Effect on Local Government:
Yes.
Effect on the State:
Yes.
AN ACT relating to maternal health;
AN ACT relating to health care;
revising the duties of the Maternal Mortality Review Committee in the Department of Health and Human Services;
establishing the Fetal and Infant Mortality Review Program;
requiring the Program to review and make recommendations concerning the deaths of fetuses and infants;
requiring the Program to coordinate with certain persons and entities involved in the review of the deaths of children to avoid duplication of efforts;
LegExisting law establishes the Maternal Mortality Review Committee within the Department of Health and Human Services and requires the Committee to perform certain duties relating to studying and recommending measures to reduce maternal mortality.
Legislative Counsel’s Digest:
(NRS 442.751-442.774) This bill requires the Committee, within the limits of available resources, to:
Existing law establishes the Maternal Mortality Review Committee within the certain duties relating to studying and recommending measures to reduce maternal mortality.
(1) identify and review disparities in the incidence deaths;
(NRS 442.751-442.774) Section 8 of this bill similarly establishes the Fetal and Infant Mortality Review Program within the Department.
and (3) include certain information concerning preventable infant deaths in certain reports required by existing law.
Sections 5-7 of this bill define certain terms.
(NRS 442.767) THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 8 requires the Program, at the direction of the Advisory Committee of the Office of Minority Health and Equity of the identify factors associated with and develop recommendations concerning fetal and infant death in this State;
and (3) disseminate findings and recommendations concerning fetal and infant death to providers of health care, medical facilities, other interested persons and the public.
Section 9 of this bill entitles the Program to certain records it deems necessary to perform its duties and authorizes the Department, on behalf of the Program, to petition the district court for a subpoena provide that information acquired by and records of the Program are confidential and not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.
Section 10 of this bill authorizes the Department to convene a multidisciplinary team to:
(1) review the findings of the Program;
and (2) make recommendations to prevent fetal and infant death.
Sections 9, 10 and 13 of this - *AB168_R1* – 2 – bill provide that certain meetings held by the Program or a multidisciplinary team are closed to the public.
Existing law authorizes the director or other authorized representative of an multidisciplinary teams to review the death of a child for the purpose of developing a report and recommendations on the prevention of such deaths.
(NRS 432B.405- 432B.4075) Existing law establishes the Executive Committee to Review the Death of Children and requires each multidisciplinary team to transmit its report and recommendations to the Executive Committee.
(NRS 432B.408, 432B.409) authorized representative of an agency which provides child welfare services, a multidisciplinary team organized to review the death of an infant and the Executive Committee to coordinate to ensure that certain reports are made concerning the death of an infant and avoid duplication of efforts.
Sections 8 and 15 of this bill authorize the sharing of information between the Program and a multidisciplinary team to review the death of an infant.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
NRS 442.767 is hereby amended to read as follows:
(Deleted by amendment.) Sec.
442.767 1.
The Committee shall:
(a) Identify and review each incident of maternal mortality in this State, regardless of the cause of death.
Such a review must include, without limitation and to the extent that such records exist, a review of relevant medical records, birth and death certificates, records of an autopsy, records created by a medical facility or - *AB168* – 2 – provider of emergency medical services, records of a social services agency, mental health records and records of a law enforcement agency described in NRS 442.774.
(b) Use the Maternal Mortality Review Information Application developed by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services or, if that application ceases to exist, a similar application designated by the Director, to conduct reviews pursuant to paragraph (a).
(c) Within the limits of available resources:
(1) Review incidents and trends in severe maternal morbidity in this State.
(2) Identify and review disparities in the incidence of maternal mortality and preventable infant deaths in this State by analyzing:
(I) The race, ethnicity and age of mothers who experience maternal mortality [;] , infants who experience preventable death and mothers of infants who experience preventable death;
(II) The geographic region of the residence of mothers who experience maternal mortality [;] and mothers of infants who experience preventable death;
and (III) Any other variables identified by the Committee.
(d) Based on the reviews conducted pursuant to paragraphs (a) and (c), develop recommendations to prevent maternal mortality , [and] severe maternal morbidity and the death of infants and disseminate findings and recommendations to providers of health care, medical facilities, other interested persons and entities and the public.
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(e) On or before April 1 of each year, compile and publish on an Internet website operated by the Department a report that consists of data concerning maternal mortality , [and] severe maternal morbidity and preventable infant deaths in this State during the immediately preceding year.
Such data must be aggregated and presented in a manner that does not allow for the identification of any person.
(f) On or before December 31 of each even-numbered year and in collaboration with the Advisory Committee of the Office of Minority Health and Equity of the Department and the Chief Medical Officer, develop and submit to the Director of the Legislative Counsel Bureau for transmittal to the next regular session of the Legislature a report that includes, without limitation:
(1) A description of the incidents of maternal mortality and severe maternal morbidity reviewed pursuant to paragraph (a) and subparagraph (1) of paragraph (c), respectively, during the immediately preceding 24 months, provided in a manner that does not allow for the identification of any person;
- *AB168* – 3 – (2) A summary of the disparities identified and reviewed pursuant to subparagraph (2) of paragraph (c);
(3) Plans for corrective action to reduce maternal mortality , [and] severe maternal morbidity and preventable infant deaths in this S(4) Recommendations for any legislation or other changes to policy to reduce maternal mortality , [and] severe maternal morbidity and preventable infant deaths or otherwise improve the delivery of health care in this State.
The Advisory Committee of the Office of Minority Health and Equity may not access any information deemed as confidential pursuant to NRS 442.774 while collaborating with the Committee in the development of the report pursuant to paragraph (f) of subsection 1.
(Deleted by amendment.) Sec.
As used in this section, “medical facility” has the meaning ascribed to it in NRS 449.0151.
Chapter 442 of NRS is hereby amended by adding thereto the provisions set forth as sections 4 to 10, inclusive, of this act.
4.
As used in sections 4 to 10, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 5, 6 and 7 of this act have the meanings ascribed to them in those sections.
Sec.
5.
“Advisory Committee” means the Advisory Committee of the Office of Minority Health and Equity of the Department.
Sec.
6.
“Infant” means a child who is less than 1 year of age.
Sec.
7.
“Program” means the Fetal and Infant Mortality Review Program established by section 8 of this act.
Sec.
8.
1.
The Fetal and Infant Mortality Review Program is hereby established within the Department.
The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Within the limits of available resources and at the direction of the Advisory Committee, the Program shall:
(a) Review incidents and trends in the deaths of fetuses and infants in this State.
(b) Identify and review disparities in the incidence of fetal and infant death in this State by analyzing:
(1) The race, ethnicity and age of fetuses and infants who experience preventable death;
(2) The geographic regions where the parents of fetuses and infants who experience preventable death reside;
and - *AB168_R1* – 3 – (3) The causes of fetal and infant deaths in this State, including, without limitation, Sudden Unexpected Infant Death.
3.
The Program shall, based on the reviews conducted pursuant to subsection 2:
(a) Identify factors that are associated with fetal and infant deaths in this State, including, without limitation, any factors specific to the particular geographic area in which the death of a fetus or infant occurs;
(b) Develop recommendations to prevent the deaths of fetuses and infants in this State;
and (c) Disseminate findings and recommendations to the Advisory Committee, providers of health care, medical facilities, local health authorities and other interested persons and entities and the public.
4.
The Program shall coordinate with the director or other authorized representative of each agency which provides child welfare services, each multidisciplinary team appointed pursuant to paragraph (d) of subsection 2 of NRS 432B.409 to review the death of a child who is less than 1 year of age and the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 as necessary to:
(a) Avoid duplication of efforts;
(b) Clarify the scope of reviews conducted by the Program and a multidisciplinary team when the Program and the multidisciplinary team are each reviewing the same death;
and (c) Ensure the data and findings of the Program and a multidisciplinary team concerning the death of a child who is less than 1 year of age:
(1) Are reported to the national database of the National Center for Fatality Review and Prevention, or its successor organization;
(2) Are included in the statewide annual report on child deaths compiled by the Executive Committee to Review the Death of Children pursuant to NRS 432B.409;
and (3) Are not duplicated in the reports described in subparagraphs (1) and (2) or any other reports that contain such data and findings.
5.
The Department shall adopt such regulations as are necessary to carry out the provisions of sections 4 to 10, inclusive, of this act, including, without limitation, regulations prescribing the procedures which must be used by the Program when conducting a review of the death of a fetus or infant.
6.
As used in this section:
(a) “Agency which provides child welfare services” has the meaning ascribed to it in NRS 432B.030.
- *AB168_R1* – 4 – (b) “Medical facility” has the meaning ascribed to it in NRS 449.0151.
(c) “Sudden Unexpected Infant Death” means the sudden and unexpected death of an infant below 1 year of age in which the cause of the death was not obvious before investigation.
Sudden unexpected infant death includes, without limitation, death by Sudden Infant Death Syndrome and accidental suffocation during sleep.
9.
1.
The Program is entitled to access to:
(a) All final investigative information of law enforcement agencies regarding the death of a fetus or infant being investigated by the Advisory Committee for which the investigation by the law enforcement agency has been closed;
(b) Any autopsy and coroner’s investigative records relating to the death;
(c) Any medical or mental health records of the fetus or infant or the parent or guardian of the fetus or infant;
(d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the family of the fetus or infant;
(e) The system for the reporting of information on cancer and other neoplasms established pursuant to NRS 457.230;
(f) The system for the reporting of information on sickle cell disease and its variants established pursuant to NRS 439.4929;
(g) The system for the reporting of information on lupus and its variants established pursuant to NRS 439.4976;
and (h) Any other records determined by the Department to be necessary for the Program to perform its duties, except for the investigative information of a law enforcement agency not described in paragraph (a).
2.
The staff of the Program may, if appropriate, meet and share information with a multidisciplinary team appointed pursuant to paragraph (d) of subsection 2 of NRS 432B.409 to review the death of an infant.
The Department may, on behalf of the Program, petition the 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 cause of any death being investigated by the Program.
Except as otherwise provided in NRS 239.0115, any books, records or papers received by the Program pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.
4.
The Program may use data collected concerning a fetal death or death of an infant for the purpose of research or to - *AB168_R1* – 5 – prevent future deaths if the data is aggregated and does not allow for the identification of any person.
5.
Except as otherwise provided in this section, information acquired by, and the records of, the Program are confidential, are not public records, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.
6.
The Advisory Committee is entitled to access:
(a) Aggregated, deidentified data concerning the deaths of fetuses and infants in the possession of the Department;
and (b) The findings and recommendations of the Program.
7.
Any meetings that are convened by the Program, including, without limitation, a meeting to coordinate pursuant to section 8 of this act with the director or other authorized representative of an agency which provides child welfare services, a multidisciplinary team appointed pursuant to paragraph (d) of subsection 2 of NRS 432B.409 or the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409, are closed to the public.
Sec.
10.
1.
The Department may convene a multidisciplinary team to review the findings of the Program and make recommendations to prevent the deaths of fetuses and infants in this State.
2.
The Department shall determine the membership of a multidisciplinary team convened pursuant to subsection 1 based on the findings that will be reviewed by the multidisciplinary team.
Such members may include, without limitation:
(a) Representatives of local health authorities;
(b) Medical professionals and providers of services relating to health care, including, without limitation, providers of health care or other services, midwives, dieticians, providers of family planning services, persons who provide education in health care, community health workers and doulas;
(c) Representatives of medical facilities, including, without limitation, administrators of hospitals, clinics and freestanding birthing centers and providers of care for home births;
(d) Representatives of managed care organizations, including, without limitation, health maintenance organizations that have entered into a contract with the Department pursuant to NRS 422.273 to provide services to recipients of Medicaid;
(e) Representatives of the maternal and child health program administered by the Department pursuant to NRS 442.130 and the Special Supplemental Nutrition Program for Women, Infants and Children established by 7 C.F.R.
Part 246;
- *AB168_R1* – 6 – (f) Representatives of centers for rehabilitation or treatment of alcohol or other substance use disorders;
(g) Representatives of communities in this State that have been economically disadvantaged or belong to a racial or ethnic minority group, including, without limitation:
(1) Advocates for the rights of such communities;
(2) Members of faith-based organizations within such communities;
(3) Members of the Nevada Indian Commission;
(4) Members of groups established to improve or advocate for the health of such communities;
and (5) Members of local coalitions that advocate for such communities;
and (h) Any other persons or organizations that the Department deems necessary based on the available data.
3.
The meetings of a multidisciplinary team held to review data and develop recommendations are closed to the public.
4.
As used in this section:
(a) “Community health worker” has the meaning ascribed to it in NRS 449.0027.
(b) “Health maintenance organization” has the meaning ascribed to it in NRS 695C.030.
(c) “Hospital” has the meaning ascribed to it in NRS 449.012.
(d) “Managed care organization” has the meaning ascribed to it in NRS 695G.050.
(e) “Medical facility” has the meaning ascribed to it in NRS 449.0151.
Sec.
11.
NRS 232.484 is hereby amended to read as follows:
232.484 The Advisory Committee shall:
1.
Advise the Manager on all matters concerning the manner in which the purposes of the Office are being carried out;
2.
Review the manner in which the Office uses any gifts, grants, donations or appropriations to carry out the purposes of the Office and make recommendations;
[and] 3.
Review any reports to be submitted by the Manager, including, without limitation, the report required pursuant to NRS 232.479, and make recommendations [.] ;
and 4.
Direct and coordinate with the Fetal and Infant Mortality Review Program established by section 8 of this act.
Sec.
12.
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, - *AB168_R1* – 7 – 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, 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, - *AB168_R1* – 8 – 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, 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 section 9 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 - *AB168_R1* – 9 – 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.
2.
A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted.
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:
(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.
Sec.
13.
NRS 241.016 is hereby amended to read as follows:
241.016 1.
The meetings of a public body that are quasi- judicial in nature are subject to the provisions of this chapter.
- *AB168_R1* – 10 – 2.
The following are exempt from the requirements of this chapter:
(a) The Legislature of the State of Nevada.
(b) Judicial proceedings, including, without limitation, proceedings before the Commission on Judicial Selection and, except as otherwise provided in NRS 1.4687, the Commission on Judicial Discipline.
(c) Meetings of the State Board of Parole Commissioners when acting to grant, deny, continue or revoke the parole of a prisoner or to establish or modify the terms of the parole of a prisoner.
3.
Any provision of law, including, without limitation, NRS 91.270, 219A.210, 228.495, 239C.140, 239C.420, 241.028, 281A.350, 281A.690, 281A.735, 281A.760, 284.3629, 286.150, 287.0415, 287.04345, 287.338, 288.220, 288.590, 289.387, 295.121, 315.98425, 360.247, 388.261, 388.385, 388A.495, 388C.150, 388D.355, 388G.710, 388G.730, 392.147, 392.466, 392.467, 392.4671, 394.1699, 396.1415, 396.3295, 414.270, 422.405, 433.534, 435.610, 442.774, 463.110, 480.545, 622.320, 622.340, 630.311, 630.336, 631.3635, 639.050, 642.518, 642.557, 686B.170, 696B.550, 703.196 and 706.1725, and sections 9 and 10 of this act, which:
(a) Provides that any meeting, hearing or other proceeding is not subject to the provisions of this chapter;
or (b) Otherwise authorizes or requires a closed meeting, hearing or proceeding,  prevails over the general provisions of this chapter.
4.
The exceptions provided to this chapter, and electronic communication, must not be used to circumvent the spirit or letter of this chapter to deliberate or act, outside of an open and public meeting, upon a matter over which the public body has supervision, control, jurisdiction or advisory powers.
Sec.
14.
NRS 432B.405 is hereby amended to read as follows:
432B.405 1.
The director or other authorized representative of an agency which provides child welfare services:
(a) May provisionally appoint and organize one or more multidisciplinary teams to review the death of a child;
(b) Shall submit names to the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 for review and approval of persons whom the director or other authorized representative recommends for appointment to a multidisciplinary team to review the death of a child;
and (c) Shall organize one or more multidisciplinary teams to review the death of a child under any of the following circumstances:
(1) Upon receiving a written request from an adult related to the child within the third degree of consanguinity, if the request is - *AB168_R1* – 11 – received by the agency within 1 year after the date of death of the child;
(2) If the child dies while in the custody of or involved with an agency which provides child welfare services, or if the child’s family previously received services from such an agency;
(3) If the death is alleged to be from abuse or neglect of the child;
(4) If a sibling, household member or day care provider has been the subject of a child abuse and neglect investigation within the previous 12 months, including, without limitation, cases in which the report was unsubstantiated or the investigation is currently pending;
(5) If the child was adopted through an agency which provides child welfare services;
or (6) If the child died of Sudden Infant Death Syndrome.
2.
A review conducted pursuant to subparagraph (2) of paragraph (c) of subsection 1 must occur within 3 months after the issuance of a certificate of death.
3.
The director or other authorized representative of each agency which provides child welfare services and each multidisciplinary team to review the death of a child who is less than 1 year of age shall coordinate with the Fetal and Infant Mortality Review Program established pursuant to section 8 of this act and the Executive Committee to Review the Death of Children established pursuant to NRS 432B.409 as necessary to:
(a) Avoid duplication of efforts;
(b) Clarify the scope of reviews conducted by the multidisciplinary team and the Program when the multidisciplinary team and the Program are each reviewing the same death;
and (c) Ensure the data and findings of a multidisciplinary team and the Program concerning the death of a child who is less than 1 year of age:
(1) Are reported to the national database of the National Center for Fatality Review and Prevention, or its successor organization;
(2) Are included in the statewide annual report on child deaths compiled by the Executive Committee to Review the Death of Children pursuant to NRS 432B.409;
and (3) Are not duplicated in the reports described in subparagraphs (1) and (2) or any other reports that contain such data and findings.
Sec.
15.
NRS 432B.407 is hereby amended to read as follows:
432B.407 1.
A multidisciplinary team to review the death of a child is entitled to access to:
- *AB168_R1* – 12 – (a) All investigative information of law enforcement agencies regarding the death;
(b) Any autopsy and coroner’s investigative records relating to the death;
(c) Any medical or mental health records of the child;
and (d) Any records of social and rehabilitative services or of any other social service agency which has provided services to the child or the child’s family.
2.
Each organization represented on a multidisciplinary team to review the death of a child shall share with other members of the team information in its possession concerning the child who is the subject of the review, any siblings of the child, any person who was responsible for the welfare of the child and any other information deemed by the organization to be pertinent to the review.
3.
A multidisciplinary team to review the death of a child may, if appropriate, meet and share information with:
(a) A multidisciplinary team to review the death of the victim of a crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475;
[or] (b) The Committee on Domestic Violence appointed pursuant to NRS 228.470 [.] ;
or (c) Representatives of the Fetal and Infant Mortality Review Program established pursuant to section 8 of this act.
4.
A multidisciplinary team to review the death of a child may petition the 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 cause of any death being investigated by the team.
Except as otherwise provided in NRS 239.0115, any books, records or papers received by the team pursuant to the subpoena shall be deemed confidential and privileged and not subject to disclosure.
5.
A multidisciplinary team to review the death of a child may use data collected concerning the death of a child for the purpose of research or to prevent future deaths of children if the data is aggregated and does not allow for the identification of any person.
6.
Except as otherwise provided in this section, information acquired by, and the records of, a multidisciplinary team to review the death of a child are confidential, must not be disclosed, and are not subject to subpoena, discovery or introduction into evidence in any civil or criminal proceeding.
Sec.
16.
NRS 432B.409 is hereby amended to read as follows:
432B.409 1.
The Administrator of the Division of Child and Family Services shall establish an Executive Committee to Review the Death of Children, consisting of:
- *AB168_R1* – 13 – (a) Representatives from multidisciplinary teams formed pursuant to paragraph (a) of subsection 1 of NRS 432B.405 and NRS 432B.406, vital statistics, law enforcement, public health and the Office of the Attorney General.
(b) Administrators of agencies which provide child welfare services, and agencies responsible for mental health and public safety, to the extent that such administrators are not already appointed pursuant to paragraph (a).
Members of the Executive Committee who are appointed pursuant to this paragraph shall serve as nonvoting members.
2.
The Executive Committee shall:
(a) Adopt statewide protocols for the review of the death of a child;
(b) Adopt regulations to carry out the provisions of NRS 432B.403 to 432B.4095, inclusive;
(c) Adopt bylaws to govern the management and operation of the Executive Committee;
(d) Appoint one or more multidisciplinary teams to review the death of a child from the names submitted to the Executive Committee pursuant to paragraph (b) of subsection 1 of NRS 432B.405;
(e) Oversee training and development of multidisciplinary teams to review the death of children;
(f) Compile and distribute a statewide annual report, including statistics and recommendations for regulatory and policy changes;
[and] (g) Carry out the duties specified in NRS 432B.408 [.] ;
and (h) Coordinate with the director or other authorized representative of each agency which provides child welfare services, each multidisciplinary team appointed pursuant to paragraph (d) to review the death of a child who is less than 1 year of age and the Fetal and Infant Mortality Review Program established pursuant to section 8 of this act as necessary to:
(1) Avoid duplication of efforts;
(2) Clarify the scope of reviews conducted by a multidisciplinary team and the Program when the multidisciplinary team and the Program are each reviewing the same death;
and (3) Ensure the data and findings of a multidisciplinary team and the Program concerning the death of a child who is less than 1 year of age:
(I) Are reported to the national database of the National Center for Fatality Review and Prevention, or its successor organization;
- *AB168_R1* – 14 – (II) Are included in the statewide annual report on child deaths compiled by the Executive Committee to Review the Death of Children pursuant to NRS 432B.409;
and (III) Are not duplicated in the reports described in sub- subparagraphs (I) and (II) or any other reports that contain such data and findings.
3.
The Review of Death of Children Account is hereby created in the State General Fund.
The Executive Committee may use to 432B.4095, inclusive.carry out the provisions of NRS 432B.403 Sec.
17.
H - *AB168*
H - *AB168_R1*
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Action History

  1. (No further action taken.)

  2. From printer. To engrossment. Engrossed. First reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.

  3. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 269.) To printer.

  4. Notice of eligibility for exemption.

  5. From printer. To committee.

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

Sponsors

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2 sponsors · 0 co-sponsors · 65 not signed on

Sponsors (2)

Co-sponsors (0)

None.

Not signed on (65)

65 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 healthcare
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Frequently asked questions

Who sponsors AB 168?
AB 168 is sponsored by Clara Thomas and Gorelow, Michelle.
What is the current status of AB 168?
This bill died with 2023 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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