AB 368 — Revises provisions governing electronic communication devices in locations where certain services are provided. (BDR 40-878)

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

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

(a) Violation by the applicant or the licensee of any of the provisions of NRS 439B.410, 449.029 to 449.245, inclusive, or 449A.100 to 449A.124, inclusive, and 449A.270 to 449A.286, inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.

- *AB368_R1* – 4 – (f) Failure to comply with the provisions of NRS 441A.315 and any regulations adopted pursuant thereto or NRS 449.2486.

(h) Failure to comply with the provisions of NRS 449A.170 to 449A.192,any inclusive,regulation andadopted sectionspursuant 3thereto., to 6, inclusive, of this act and any(i) regulationViolation adoptedof pursuantthe thereto.provisions of NRS 629.260.

(i)- Violation83rd ofSession the(2025) provisions– of4 NRS– 629.260.2.

2.

(a)NRS Is202.470;nvicted convicted of violating any of the provisions of (b) Is ordered to but fails to abate a nuisance pursuant to NRS 202.470;244.360, 244.3603 or 268.4124;

(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360, 244.3603 or 268.4124;

(a) Any complaints included in the log maintained by the Division pursuant to subsection 3;

andandlog maintained by the (b) Any disciplinary actions taken by the Division pursuant to subsection 2.

“Facility“Covered forfacility” assisted living” means:

- *AB368_R1* – 5 – 4.

or 6.

A unit in a senior living community for the provision of assisted living services or a senior living community that provides only assisted living services;services.

or- 7.83rd Session (2025) – 5 – Sec.

A secure unit in a medical facility for the provision of care to persons with dementia.

Sec.

to it in NRS 449.0179.ing community” has the meaning ascribed Sec.

6.

“Senior living community” has the meaning ascribed to it in NRS 449.0179.

Sec.

449A.180 A person may serve as the representative of a patient in a covered facility for, [skilled[for skilled nursing,] assisted living, including, without limitation, a patient who is the roommate of a patient who wishes to submit or has submitted a request pursuant to NRS 449A.182, for the purposes of NRS 449A.170 to 449A.192, inclusive, and sections 3 to 6, inclusive, of this act, if the person:

A patient in a covered facility for[for [skilledskilled nursing] assisted living or the representative of the patient may request the installation and use of an electronic communication device in the - *AB368_R1* – 6 – living quarters of the patient by submitting to the covered facility for: [skilled nursing:] assisted living:

[for skilled nursing:] (a) A completed form prescribed by the facility pursuant to subsection 3;

or (b)- If83rd theSession facility(2025) has– not6 prescribed– a form pursuant to subsection 3, a written request that meets the requirements of subsection 2.

and (2) Release the facility for [skilled nursing] assisted living and any employee of the facility from any administrative, civil or criminalcriminalny liability for a violation of the patient’s right to privacy in connection with use of the electronic communication device;

and (II) Release the covered facility for[for [skilledskilled nursing] assisted living and any employee of the facility from any administrative, civil or criminal liability for a violation of the roommate’s right to privacy in connection with the use of the electronic communication device;

andand(e) (e) If the request is submitted by the representative of the patient, proof that the representative of the patient meets the requirements of NRS 449A.180.

A covered facility for[for [skilledskilled nursing] assisted living may prescribe a form for use by a patient or the representative of a patient to request to install and use an electronic communication device in the living quarters of the patient.

To the extent practicable, such a form - *AB368_R1* – 7 – must be provided in a language chosen by the patient or the representative of the patient.

- 83rd Session (2025) – 7 – (a) An explanation of the provisions of NRS 449A.170 to 449A.192, inclusive [;] , and sections 3 to 6, inclusive, of this act;

and (b) Places to record the information, agreements and consent describeddes4.ibeA incovered paragraphsfacility (a)[for skilled nursing] shall approve a request by a patient or the representative of a patient pursuant to (d),this inclusive,section if the request meets the requirements of subsectionthis 2.section.

4.

A facility for [skilled nursing] assisted living shall approve a request by a patient or the representative of a patient pursuant to this section if the request meets the requirements of this section.

If the roommate or the representative of the roommate of a patient who wishes to submit a request pursuant to subsection 1, or whose representative wishes to submit such a request, refuses to provide consent and enter into the agreement required by paragraph (d) of subsection 2, the covered facility for[for [skilledskilled nursing] assisted living shall make reasonable attempts to accommodate the patient.

A patient or the representative of a patient who has submitted a request pursuant to subsection 1, a roommate who has provided consent pursuant to paragraph (d) of subsection 2 or the representative of such a roommate may withdraw the request or consent at any time, including, without limitation, after the request has been approved or after an electronic communication device has been installed, by submitting a written revocation to the covered facility for. [skilled nursing.] assisted living.

[for skilled nursing.] Not later than 24 hours after the submission of such a written revocation, the covered facility for[for [skilledskilled nursing] assisted living shall cause the removal of any electronic communicationcomSec. device that has been installed.

Sec.

If a covered facility for[for [skilledskilled nursing] assisted living approves a request to install and use an electronic communication device in the living quarters of a patient pursuant to NRS 449A.182, the patient or the representative of the patient is solely responsible for:

and - *AB368_R1* – 8 – (d) The cost of any repairs required due to the installation or removal of the device.

- 83rd Session (2025) – 8 – 2.

A patient who is discharged from a covered facility for[for [skilledskilled nursing] assisted living or the representative of such a patient remains solely responsible for the costs described in subsection 1, including, without limitation, such costs that are incurred after the discharge of the3.atiAn electronic communication device chosen by a patient or the patient.representative of a patient pursuant to subsection 1 must:

3.

An electronic communication device chosen by a patient or the representative of a patient pursuant to subsection 1 must:

The following persons may view or listen to the images or sounds which are displayed, broadcast or recorded by an electronic communication device installed and used pursuant to NRS 449A.182 or temporarily disable or turn off such a device:

A patient or the representative of the patient who has requested the installation and use of an electronic communication device pursuant to NRS 449A.182 may authorize a person other than a person described in subsection 2 to view or listen to the images or sounds which are displayed, broadcast or recorded by the - *AB368_R1*83rd Session (2025) – 9 – electronic communication device.

4.communication device pursuant to subsection 2 shall ensure that thec functions of the electronic communication device are appropriately enabled or turned back on before exiting the living quarters of the patient.

A person who temporarily disables or turns off an electronic communication device pursuant to subsection 2 shall ensure that the functions of the electronic communication device are appropriately enabled or turned back on before exiting the living quarters of the patient.

A covered facility for[for [skilledskilled nursing] assisted living shall not deny admission to or discharge a patient from the facility or otherwise discriminate or retaliate against a patient because of a decision to request the installation and use of an electronic communication device in the living quarters of the patient pursuant to NRS 449A.182.

In addition to any disciplinary action imposed pursuant to chapter 449 of NRS, a covered facility for[for [skilledskilled nursing] assisted living or any person, partnership, association or corporation establishing, conducting,nursing] managingwho violates subsection 1 or operating5 aof facilityNRS for449A.186:r [skilledskilled nursing](a) assistedFor livinga whofirst violatesoffense, subsectionis 1liable orfor 5a ofcivil NRSpenalty 449A.186:not to exceed $10,000.

(a) For a first offense, is liable for a civil penalty not to exceed $10,000.

A covered facility for[for [skilledskilled nursing] assisted living shall post a notice in a conspicuous place at the entrance to the living - 83rd Session (2025) – 10 – quarters of a patient which contains an electronic communication device stating that such a device is in use in that living quarters.

- *AB368_R1* – 10 – 2.

An employee of a covered facility of[of [skilledskilled nursing] assisted living shall not refuse to enter the living quarters of a patient which contains an electronic communication device installed pursuant to NRS 449A.182 or fail to perform any of the duties of the employee on the grounds that such a device is in use.

A report filed pursuant to paragraph (b) of subsection 1 must:mus(a) Include a copy of the written recommendation upon which the transfer was made;

(a) Include a copy of the written recommendation upon which the transfer was made;

(c) The name of all other persons living with the protected person unless the protected person is residing at a secured residential long-term care facility, group home, supportive living facility, home in which supported living arrangement services are provided,- 83rd Session (2025) – 11 – andvided, assisted living facility or other facility for long-term care;

and (d) Any other information required by the court.

- *AB368_R1* – 11 – 4.

(b) “Supported living arrangement services” has the meaning ascribedascSec. to it in NRS [435.3315.] 435.007.

Sec.

Chapter 435 of NRS is hereby amended by adding thereto the provisions set forth as sections 18 to 32, inclusive, of this act.actSec.

Sec.

As used in sections 18 to 32, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 1920 to 33,23, inclusive, of this act have the meanings ascribed to them in those sections.

“Facility(Deleted for supported living arrangement services” means a facility or other residential setting that is owned, operated or otherwise controlled by aamendment.) providerSec. of supported living arrangement services.

Sec.

- 83rd Session (2025) – 12 – 1.

A facilityprovider-operated forresidential supported living arrangementarrangement; services;

and - *AB368_R1* – 12 – 2.

Any other housing arrangement that provides assistance, food, shelter or limited supervision to persons with intellectual disabilitiescovered orfacility, physical disabilities for compensation and is not a facility for assisted living as defined in section 3 of this act.

and is not a Sec.

21.5.

“Provider-operated residential supported living arrangement” means a residential setting that is owned, operated or otherwise controlled by a provider of supported living arrangement services.

or (b) The guardian has separately petitioned for and been granted such power by the court that has jurisdiction over the guardianship;gua2.iaHas been given power of attorney to make decisions concerning health care for the resident pursuant to NRS 162A.700 to 162A.870, inclusive, and the power to make decisions on behalf of the resident pursuant to sections 24 to 29, inclusive, of this act is specifically delegated to the person in the power of attorney.

or 2.

Has been given power of attorney to make decisions concerning health care for the resident pursuant to NRS 162A.700 to 162A.870, inclusive, and the power to make decisions on behalf of the resident pursuant to sections 24 to 29, inclusive, of this act is specifically delegated to the person in the power of attorney.

A resident or the representative of a resident may request the installation and use of an electronic communication device in the livingbedroom quarters of the resident by submitting to the living community in which he or she resides:

- 83rd Session (2025) – 13 – 2.

(a) Information regarding the type, function and expected use of the electronic communication device which will be installed and used;use(b) The name and contact information for any person other than the resident or his or her representative who is authorized to view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic communication device pursuant to subsection 3 of section 27 of this act;

(b) The name and contact information for any person other than the resident or his or her representative who is authorized to view or listen to the images or sounds which are displayed, - *AB368_R1* – 13 – broadcast or recorded by the electronic communication device pursuant to subsection 3 of section 27 of this act;

(1) The written consent of the roommate or the representative of the roommate to the installation and use of an electronic communication device in the livingbedroom quarters of the resident;

(I) Waive the roommate’s right to privacy in connection with use (II) Release the living community and any employee of the living community from any administrative, civil or criminal liability for a violation of the roommate’s right to privacy in connection with the use of the electronic communication device;

and (II) Release the living community and any employee of the living community from any administrative, civil or criminal liability for a violation of the roommate’s right to privacy in connection with the use of the electronic communication device;

A living community may prescribe a form for use by a resident or the representative of a resident to request to install and use an electronic communication device in the livingbedroom quarters of the resident.

- 83rd Session (2025) – 14 – (a) An explanation of the provisions of sections 24 to 29, inclusive, of this act;

4.or the representative of a resident pursuant to this section if the request meets the requirements of this section.

A living community shall approve a request by a resident or the representative of a resident pursuant to this section if the request meets the requirements of this section.

If the roommate or the representative of the roommate of a resident who wishes to submit a request pursuant to subsection 1, or whose representative wishes to submit such a request, refuses to - *AB368_R1* – 14 – provide consent and enter into the agreement required by paragraph (d) of subsection 2, the living community shall make reasonable attempts to accommodate the resident.

Such reasonable attempts may include, without limitation, moving either the resident or his or her roommate to a different livingbedroom quarters within the living community with the consent of the resident being moved or his or her representative.

Sec.install and use an electronic communication device in theo bedroom of a resident pursuant to section 25 of this act, the resident or the representative of the resident is solely responsible for:

26.

1.

If a living community approves a request to install and use an electronic communication device in the living quarters of a resident pursuant to section 25 of this act, the resident or the representative of the resident is solely responsible for:

(c) The cost of installing, maintaining and removing the electronic communication device, if applicable, other than the cost of electricity used to power the electronic communication device if the resident does not pay for electricity for his or her livingbedroom; quarters;

- 83rd Session (2025) – 15 – 2.

A resident who ceases to reside in a living community or the representative of such a resident remains solely responsible for the costs described in subsection 1, including, without limitation, such costs that are incurred after the person leaves the living community.com3.nitAn electronic communication device chosen by a resident or the representative of a resident pursuant to subsection 1 must:

3.

An electronic communication device chosen by a resident or the representative of a resident pursuant to subsection 1 must:

or - *AB368_R1* – 15 – (2) In a manner that avoids capturing images of activities such as bathing, dressing and toileting.

The following persons may view or listen to the images or sounds which are displayed, broadcast or recorded by an electronic communication device installed and used pursuant to section 25 of this act or temporarily disable or turn off such a device:

25 of this act or temporarily disable or turn off such a (a) A representative of a law enforcement agency who is conducting an investigation;

The resident or representative, as applicable, may provide a copy of the authorization to the living - 83rd Session (2025) – 16 – community and the roommate of the resident or the representative of the roommate, if any.

A person who temporarily disables or turns off an electronic communication device pursuant to subsection 2 shall ensure that the functions of the electronic communication device are appropriately enabled or turned back on before exiting thethece livingbedroom quarters of the resident.

A living community shall not evict a resident, refuse to renew a contract with a resident or otherwise require a resident to leave the living community or discriminate or retaliate against a resident because of a decision to request the installation and use of an electronic communication device in the livingbedroom quarters of the resident pursuant to section 25 of this act.

- *AB368_R1* – 16 – 6.

In addition to any disciplinary action imposed pursuant to regulations adopted pursuant to NRS 435.333, where applicable, a livingthis communityact:mmunity that violates subsection 1 or 5 of section 27 of this(a) act:For a first offense, is liable for a civil penalty not to exceed $10,000.

(a) For a first offense, is liable for a civil penalty not to exceed $10,000.

A living community shall post a notice in a conspicuous place at the entrance to the livingbedroom quarters of a resident which contains an electronic communication device stating that such a device is in use in the livingbedroom. quarters.

- 83rd Session (2025) – 17 – 2.

An employee of a living community shall not refuse to enter the livingbedroom quarters of a resident which contains an electronic communication device installed pursuant to section 25 of this act or fail to perform any of the duties of the employee on the grounds thatthaSec. such a device is in use.

Sec.

1.1.viceThe Administrator may adopt regulations necessary to carry out the provisions of section 18 to 32, inclusive, of this act.

The Administrator may adopt regulations necessary to carry out the provisions of section 18 to 32, inclusive, of this act.

A resident of a living community or any other person who has authority to view or listen to the images or sounds which are displayed, broadcast or recorded by the electronic - *AB368_R1* – 17 – communication device pursuant to subsection 3 of section 27 of this act may not post, upload or otherwise share any images or sounds displayed, broadcasted or recorded by the electronic communication device of an employee or independent contractor of a living community on an Internet website or technology application, including, without limitation, a social media, image sharing or open communication Internet website.

For a second or subsequent violation of this section, a livingliv(a) communityRefuse may:to provide services to the resident when the electronic communication device is on;

(a)or Refuse(b) toRevoke providethe servicesauthority toof the resident whento thehave an electronic communication device isin on;his or her bedroom.

or (b) Revoke the authority of the resident to have an electronic communication device in his or her living quarters.

- 83rd Session (2025) – 18 – (b) Refuse to provide supported living arrangement services to a person;

or (c) Otherwise discriminate or retaliate against a person,  because an electronic communication device has been installed or is3. in use in the home of the person.

3.inAs used in this section, “home” does not include a provider-operated residential supported living arrangement.

As used in this section, “home” does not include a facility for supported living arrangement services.

- *AB368_R1* – 18 – 3.

(c) Results in substantial functional limitations, as measured by amajor qualifiedlife professional,activity:onal, in three or more of the following areas of major(1) lifeTaking activity:care of oneself;

(1) Taking care of oneself;

8.- 83rd Session (2025) – 19 – Division for the care, treatment and training of consumers.ted by the 9.

“Division facility” means any unit or subunit operated by the Division for the care, treatment and training of consumers.

9.

“Mental illness” has the meaning ascribed to it in NRSNRS14. 433.164.

- *AB368_R1* – 19 – 14.

“Supported living arrangement services” means flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a developmental disability who is served by the Division that are designed and coordinated to assist the person in maximizing the person’s independence, including, without limitation, training and habilitation services.

including, without limitation, training and 19.

(b)- 83rd Session (2025) – 20 – and(b) Live in an environment that is conducive to personal dignity;

and (c) Continue development of those skills, habits and attitudes essential to adaptation in contemporary society.

632.3161.2.3Gratuitous Thenursing provisionsby friends or by members of NRSthe 632.315family doof nota prohibit:patient.

1.2.

Gratuitous nursing by friends or by members of the family of a patient.

- *AB368_R1* – 20 – 2.

The practice of nursing in this State by any legally qualified nurse or nursing assistant of another state whose engagement requires the nurse or nursing assistant to accompany and care for a patient temporarily residing in this State during the period of one such engagement, not to exceed 6 months, if the person does not represent or hold himself or herself out as a nurse licensed to practice in this State or as a nursing assistant who holds a certificate to practice in this State.

The practice of 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- in83rd accordanceSession (2025) – 21 – NRS 449.2455.ccordance with an agreement entered into pursuant to NRS7. 449.2455.

7.

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 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.

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

- *AB368_R1* – 21 – 10.

 As used in this subsection, “supported living arrangement services” has the meaning ascribed to it in NRS [435.3315.] 435.007.43511.

11.

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 certificate pursuant- to83rd NRSSession 435.130(2025) to– 435.310,22 inclusive,– and the regulations adopted pursuant to NRS 435.130 to 435.310, inclusive.

regulations  As used in this subsection, “jobs and day training services” has the meaning ascribed to it in NRS 435.176.

TEXT~~~~~ OF25 REPEALED- SECTIONS83rd 435.331Session “Certificate”(2025) defined.“Certificate” means a certificate to provide supported living arrangement services that is issued pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.

435.3315 “Supported living arrangement services” defined.

“Supported living arrangement services” means flexible, individualized services provided in the home, for compensation, to a person with an - *AB368_R1* – 22 – intellectual disability or a person with a developmental disability who is person in maximizing the person’s independence, including, without the limitation, training and habilitation services.

H - *AB368_R1*