SB 429 — Makes appropriations to certain universities for scholarships for students studying social work. (BDR S-352)

or - *SB429* – 3 – 5.

Is engaging in the practice of social work as a student of social work pursuant to section 4 of this act,  and who does not engage in the private practice of audiology or speech-language pathology in this State.

Sec.

2.

NRS 640A.070 is hereby amended to read as follows:

640A.070 This chapter does not apply to a person:

1.

Holding a current license or certificate issued pursuant to chapter 391, 630 to 637B, inclusive, 640, 640B to 641B, inclusive, or 641D of NRS, who practices within the scope of that license or certificate.

2.

Employed by the Federal Government who practices occupational therapy within the scope of that employment.

3.

Enrolled in an educational program that is accredited by the Accreditation Council for Occupational Therapy Education of the American Occupational Therapy Association, Inc.

or its successor organization, or a comparable foreign educational program accepted by the National Board for Certification in Occupational Therapy, or its successor organization, which is designed to lead to a certificate or degree in occupational therapy, if the person is designated by a title which clearly indicates that he or she is a student.

Engaging(Deleted inby theamendment.) practiceSec. of social work as a student of social work pursuant to section 4 of this act.

Sec.

3.

NRS 641.029 is hereby amended to read as follows:

641.029 The provisions of this chapter do not apply to:

1.

A physician who is licensed to practice in this State;

2.

A person who is licensed to practice dentistry in this State;

3.

A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

4.

A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

A(Deleted personby whoamendment.) isSec. licensed to engage in social work pursuant to chapter 641B of NRS [;] or is engaging in the practice of social work as a student of social work pursuant to section 4 of this act;

A(Deleted personby whoamendment.) isSec. licensed as an occupational therapist or occupational therapy assistant pursuant to chapter 640A of NRS;

A(Deleted personby whoamendment.) isSec. licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

- *SB429* – 4 – 8.

A person who provides or supervises the provision of peer recovery support services in accordance with the provisions of NRS 433.622 to 433.641, inclusive;

9.

A person who is licensed as a behavior analyst or an assistant behavior analyst or registered as a registered behavior technician pursuant to chapter 641D of NRS, while engaged in the practice of applied behavior analysis as defined in NRS 641D.080;

or 10.

Any member of the clergy,  if such a person does not commit an act described in NRS 641.440 or represent himself or herself as a psychologist.

Sec.

4.

Chapter 641B of NRS is hereby amended by adding thereto a new section to read as follows:

1.

A student may engage in the practice of social work if he or she:

(a) Is enrolled in a program to obtain a degree described in paragraph (a) of subsection 1 of NRS 641B.220;

(b) Is employed at a practicum site approved by the Board;

and (c) Meets any other requirement prescribed by the Board pursuant to NRS 641B.160.

2.

For the purpose of paragraph (b) of subsection 1, the Board may approve as a practicum site:

(a) A medical facility, as defined in NRS 449.0151;

(b) A site operated by a governmental entity;

(c) A school;

or (d) Any other site authorized by the regulations adopted pursuant to NRS 641B.160.

3.

A student described in subsection 1 may engage in the practice of social work, as limited by the provisions of subsection 4, only at his or her practicum site and under the supervision of:

(a) A social worker, master social worker, independent social worker or clinical social worker;

or (b) Another provider of health care who is approved by the Board upon a determination by the Board that the provider of health care is an appropriate supervisor, with consideration for the skill level of the student and the program of education in which the student is enrolled.

4.

A student described in subsection 1 may only perform tasks that are authorized by the Board pursuant to NRS 641B.160 and approved by his or her practicum site pursuant to subsection 5.

5.

A practicum site shall:

(a) Ensure that a student employed at the practicum site meets the requirements of paragraph (a) of subsection 1 and has the education and skills required to competently perform each task delegated to the student;

- *SB429* – 5 – (b) Prescribe an individualized list of tasks that a student employed at the practicum site is approved to perform, which may vary depending on:

(1) The progress of the student in his or her program of education;

and (2) The experience of the student;

(c) Identify the roles and responsibilities of a student employed at the practicum site;

(d) Ensure that a student employed at the practicum site complies with the provisions of this chapter and the regulations adopted pursuant thereto;

(e) Monitor the acquisition of skills by and proficiency of a student employed at the practicum site;

and (f) Establish a formal procedure by which a student employed at the practicum site may refuse to perform a task if the student is not comfortable with his or her ability to competently perform the task.

6.

A student described in subsection 1 shall:

(a) Identify himself or herself as a student to each client to whom the student provides services at the practicum site;

and (b) Comply with the provisions of this chapter and the regulations adopted thereto governing the practice of social work to the same extent as if he or she were a licensed social worker.

7.

A student described in subsection 1 shall not delegate his or her duties or supervise other personnel.

Sec.

5.

NRS 641B.040 is hereby amended to read as follows:

641B.040 The provisions of this chapter do not apply to:

1.

A physician who is licensed to practice in this State;

2.

A nurse who is licensed to practice in this State;

3.

A person who is licensed as a psychologist pursuant to chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227;

4.

A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

5.

A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

6.

A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to chapter 640A of NRS;

7.

A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as a clinical alcohol and drug counselor intern, an alcohol and drug counselor intern, a problem gambling counselor or a - *SB429* – 6 – problem gambling counselor intern, pursuant to chapter 641C of NRS;

A(Deleted personby whoamendment.) providesSec. or supervises the provision of peer recovery support services in accordance with NRS 433.622 to 433.641, inclusive;

Any(Deleted memberby ofamendment.) theSec. clergy;

A(Deleted countyby welfareamendment.) director;Sec.

Any(Deleted personby whoamendment.) maySec. engage in social work or clinical social work in his or her regular governmental employment but does not hold himself or herself out to the public as a social worker;

or 12.

A student of social work and any other person preparing for the profession of social work under the supervision of a qualified social worker in a training institution or facility recognized by the Board, unless the student or other person has been issued a provisional license pursuant to paragraph (b) of subsection 1 of NRS 641B.275 [.] or is employed at a practicum site pursuant to section 4 of this act.

Such a student must be designated by the title “student of social work” or “trainee in social work,” or any other title which clearly indicates the student’s training status.

Sec.

6.

NRS 641B.160 is hereby amended to read as follows:

641B.160 1.

The Board shall adopt:

(a) Such regulations as are necessary or desirable to enable it to carry out the provisions of this chapter;

(b) Regulations establishing reasonable standards for the psychiatric training and experience necessary for a clinical social worker to be authorized to make the certifications described in NRS 433A.162, 433A.170, 433A.195 and 433A.200, make a sworn statement or declaration described in NRS 433A.335 and perform an evaluation described in NRS 433A.335;

(c) Regulations prescribing uniform standards concerning the locations at which interns provide services;

(d) Regulations authorizing the remote supervision, including, without limitation, electronic supervision, of interns working at remote sites and prescribing standards concerning such remote supervision;

[and] (e) Regulations prescribing the manner by which the qualifications for the issuance or renewal of a license under the provisions of this chapter will be made available to the public such that those qualifications are clearly defined and easily understood [.] ;

and (f) Regulations governing the practice of social work by students of social work employed at practicum sites pursuant to section 4 of this act, including, without limitation, regulations:

- *SB429* – 7 – (1) Governing the approval of practicum sites, including, without limitation, regulations setting forth authorized practicum sites in addition to those prescribed by section 4 of this act;

(2) Prescribing the list of tasks that such a student may perform;

and (3) Governing the supervision of such a student.

2.

On the date that the Board gives notice pursuant to NRS 233B.060 of its intent to adopt, amend or repeal a regulation, the Board shall submit the regulation to the Commission on Behavioral Health for review.

The Commission shall review the regulation and make recommendations to the Board concerning the advisability of adopting, amending or repealing the regulation and any changes that the Commission deems advisable.

Sec.

7.

NRS 641B.355 is hereby amended to read as follows:

641B.355 1.

A program of education for mental health professionals approved by the Board, a mental health professional or a person receiving training for mental health professionals is not required to retain a recording of the provision of mental health services by a student of social work engaging in the practice of social work pursuant to section 4 of this act, a social worker, a master social worker, an independent social worker or a clinical social worker to a client that meets the requirements of subsection 2 if:

(a) The recording is used for a training activity that is part of a program of education for mental health professionals approved by the Board;

(b) The client has provided informed consent in writing on a form that meets the requirements prescribed by the Board pursuant to subsection 3 to the use of the recording in the training activity;

(c) Destroying the recording does not result in noncompliance with the obligations described in subsection 4;

and (d) The recording is destroyed after the expiration of the period of time prescribed by the Board pursuant to paragraph (b) of subsection 3.

2.

A recording of the provision of mental health services by a student of social work, a social worker, a master social worker, an independent social worker or a clinical social worker to a client used for the purpose described in paragraph (a) of subsection 1:

(a) Must meet all requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any regulations adopted pursuant thereto, that are designed to prevent the reproduction, copying or theft of the recording;

and (b) Must not contain any personally identifiable information relating to the client unless the client has provided informed consent - *SB429* – 8 – in writing specifically authorizing the inclusion of that information in the recording.

3.

The Board shall adopt regulations:

(a) Prescribing requirements governing the provision of informed written consent pursuant to paragraph (b) of subsection 1, including, without limitation, requirements governing:

(1) The form on which such informed written consent must be provided;

and (2) The length of time that a student of social work, a social worker, a master social worker, an independent social worker or a clinical social worker who obtains such informed written consent must maintain the informed written consent;

(b) Prescribing the length of time that a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals that uses a recording of the provision of mental health services by a student of social work, a social worker, a master social worker, an independent social worker or a clinical social worker to a client for the purposes described in paragraph (a) of subsection 1 may retain the recording before destroying it;

and (c) Defining “training activity” for the purposes of this section.

4.

The provisions of this section do not abrogate, alter or otherwise affect the obligation of a social worker, a master social worker, an independent social worker or a clinical social worker to comply with the applicable requirements of chapter 629 of NRS, including, without limitation, the requirement to retain records concerning the mental health services that he or she provides to clients in accordance with NRS 629.051 to 629.069, inclusive.

5.

Except where necessary for compliance with subsection 4, a recording of the provision of mental health services by a student of social work, a social worker, a master social worker, an independent social worker or a clinical social worker to a client that is used for a training activity by a program of education for mental health professionals, a mental health professional or a person receiving training for mental health professionals in accordance with the provisions of this section is not a health care record for the purposes of chapter 629 of NRS.

6.

As used in this section, “mental health professional” means a psychologist, a marriage and family therapist, a clinical professional counselor, a social worker, a master social worker, an independent social worker, a clinical social worker, a clinical alcohol and drug counselor, an alcohol and drug counselor or a problem gambling counselor.

- *SB429* – 9 – Sec.

8.

NRS 641B.400 is hereby amended to read as follows:

641B.400 The grounds for initiating disciplinary action pursuant to this chapter are:

1.

Unprofessional conduct;

2.

Conviction of:

(a) A felony relating to the practice of social work;

(b) Any offense involving moral turpitude;

or (c) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or dangerous drug as defined in chapter 454 of NRS;

3.

Use of fraud or deception in:

(a) Applying for a license;

(b) Undergoing the initial licensing examination;

or (c) Rendering services as a social worker [;] or a student of social work;

4.

Allowing unauthorized use of a license issued pursuant to this chapter;

5.

Professional incompetence;

6.

Practicing social work without a license [;] , except where authorized by this chapter;

7.

Having an alcohol or other substance use disorder which impairs the ability to practice social work;

and 8.

Operation of a medical facility, as defined in NRS 449.0151, at any time during which:

(a) The license of the facility is suspended or revoked;

or (b) An act or omission occurs which results in the suspension or revocation of the license pursuant to NRS 449.160.

 This subsection applies to an owner or other principal responsible for the operation of the facility.

Sec.

9.

NRS 641B.430 is hereby amended to read as follows:

641B.430 1.

If the Board finds a person guilty in a disciplinary proceeding, the Board may, by order:

(a) Place the person on probation for a specified period or until further order of the Board.

(b) Administer to the person a public reprimand.

(c) Limit the practice of the person to, or by exclusion of, one or more specified branches of social work.

(d) Suspend the license of the person to practice social work or the authority of a person to engage in the practice of social work as a student of social work pursuant to section 4 of this act for a specified period or until further order of the Board.

(e) Revoke the license of the person to practice social work [.] or the authority of the person to engage in the practice of social work as a student of social work pursuant to section 4 of this act.

- *SB429* – 10 – (f) Impose a fine of not more than $5,000, which must be deposited with the State Treasurer for credit to the State General Fund.

 The order of the Board may contain other terms, provisions or conditions as the Board deems proper and which are not inconsistent with law.

2.

The Board shall not administer a private reprimand.

3.

An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

Sec.

10.

NRS 641D.110 is hereby amended to read as follows:

641D.110 The provisions of this chapter do not apply to:

1.

A physician who is licensed to practice in this State;

2.

A person who is licensed to practice dentistry in this State;

3.

A person who is licensed as a psychologist pursuant to chapter 641 of NRS;

4.

A person who is licensed as a marriage and family therapist or marriage and family therapist intern pursuant to chapter 641A of NRS;

5.

A person who is licensed as a clinical professional counselor or clinical professional counselor intern pursuant to chapter 641A of NRS;

6.

A person who is licensed to engage in social work pursuant to chapter 641B of NRS [;] or is engaging in the practice of social work as a student of social work pursuant to section 4 of this act;

7.

A person who is licensed as an occupational therapist or occupational therapy assistant pursuant to chapter 640A of NRS;

8.

A person who is licensed as a clinical alcohol and drug counselor, licensed or certified as an alcohol and drug counselor or certified as an alcohol and drug counselor intern, a clinical alcohol and drug counselor intern, a problem gambling counselor or a problem gambling counselor intern, pursuant to chapter 641C of NRS;

9.

Any member of the clergy;

10.

A family member, guardian or caregiver of a recipient of applied behavior analysis services who performs activities as directed by a behavior analyst or assistant behavior analyst;

or 11.

An employee of a school district or charter school when providing services to a pupil in a public school in a manner consistent with the duties of his or her position,  if such a person does not commit an act described in NRS 641D.910 or represent himself or herself as a behavior analyst, assistant behavior analyst or registered behavior technician.

Sec.

11.

NRS 49.251 is hereby amended to read as follows:

49.251 As used in NRS 49.251 to 49.254, inclusive, unless the context otherwise requires:

- *SB429* – 11 – 1.

“Client” means a person who consults or is interviewed by a social worker for the purpose of diagnosis or treatment.

2.

A communication is “confidential” if it is not intended to be disclosed to any third person other than a person:

(a) Present during the consultation or interview to further the interest of the client;

(b) Reasonably necessary for the transmission of the communication;

or (c) Participating in the diagnosis or treatment under the direction of the social worker, including a member of the client’s family.

3.

“Social worker” means any person licensed under chapter 641B of NRS [.] or engaging in the practice of social work as a student of social work pursuant to section 4 of this act.

Sec.

NRS(Deleted 200.471by isamendment.) herebySec. amended to read as follows:

200.471 1.

As used in this section:

(a) “Assault” means:

(1) Unlawfully attempting to use physical force against another person;

or (2) Intentionally placing another person in reasonable apprehension of immediate bodily harm.

(b) “Fire-fighting agency” has the meaning ascribed to it in NRS 239B.020.

(c) “Health care facility” means a facility licensed pursuant to chapter 449 of NRS, an office of a person listed in NRS 629.031, a clinic or any other location, other than a residence, where health care is provided.

(d) “Officer” means:

(1) A person who possesses some or all of the powers of a peace officer;

(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;

(3) A member of a volunteer fire department;

(4) A jailer, guard or other correctional officer of a city or county jail;

(5) A prosecuting attorney of an agency or political subdivision of the United States or of this State;

(6) A justice of the Supreme Court, judge of the Court of Appeals, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including a person acting pro tempore in a capacity listed in this subparagraph;

(7) An employee of this State or a political subdivision of this State whose official duties require the employee to make home visits;

(8) A civilian employee or a volunteer of a law enforcement agency whose official duties require the employee or volunteer to:

- *SB429* – 12 – (I) Interact with the public;

(II) Perform tasks related to law enforcement;

and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the law enforcement agency;

(9) A civilian employee or a volunteer of a fire-fighting agency whose official duties require the employee or volunteer to:

(I) Interact with the public;

(II) Perform tasks related to fire fighting or fire prevention;

and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for the fire-fighting agency;

or (10) A civilian employee or volunteer of this State or a political subdivision of this State whose official duties require the employee or volunteer to:

(I) Interact with the public;

(II) Perform tasks related to code enforcement;

and (III) Wear identification, clothing or a uniform that identifies the employee or volunteer as working or volunteering for this State or a political subdivision of this State.

(e) “Provider of health care” means:

(1) A physician, a medical student, a perfusionist, an anesthesiologist assistant or a physician assistant licensed pursuant to chapter 630 of NRS, a practitioner of respiratory care, a homeopathic physician, an advanced practitioner of homeopathy, a homeopathic assistant, an osteopathic physician, a physician assistant or anesthesiologist assistant licensed pursuant to chapter 633 of NRS, a podiatric physician, a podiatry hygienist, a physical therapist, a medical laboratory technician, an optometrist, a chiropractic physician, a chiropractic assistant, a naprapath, a doctor of Oriental medicine, a nurse, a student nurse, a certified nursing assistant, a nursing assistant trainee, a medication aide - certified, a person who provides health care services in the home for compensation, a dentist, a dental student, a dental hygienist, a dental hygienist student, an expanded function dental assistant, an expanded function dental assistant student, a pharmacist, a pharmacy student, an intern pharmacist, an attendant on an ambulance or air ambulance, a psychologist, a social worker, a student of social work, a marriage and family therapist, a marriage and family therapist intern, a clinical professional counselor, a clinical professional counselor intern, a behavior analyst, an assistant behavior analyst, a registered behavior technician, a mental health technician, a licensed dietitian, the holder of a license or a limited license issued under the provisions of chapter 653 of NRS, a - *SB429* – 13 – public safety officer at a health care facility, an emergency medical technician, an advanced emergency medical technician, a paramedic or a participant in a program of training to provide emergency medical services;

or (2) An employee of or volunteer for a health care facility who:

(I) Interacts with the public;

(II) Performs tasks related to providing health care;

and (III) Wears identification, clothing or a uniform that identifies the person as an employee or volunteer of the health care facility.

(f) “School employee” means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100 or 391.281.

(g) “Sporting event” has the meaning ascribed to it in NRS 41.630.

(h) “Sports official” has the meaning ascribed to it in NRS 41.630.

(i) “Taxicab” has the meaning ascribed to it in NRS 706.8816.

(j) “Taxicab driver” means a person who operates a taxicab.

(k) “Transit operator” means a person who operates a bus or other vehicle as part of a public mass transportation system.

(l) “Utility worker” means an employee of a public utility as defined in NRS 704.020 whose official duties require the employee to:

(1) Interact with the public;

(2) Perform tasks related to the operation of the public utility;

and (3) Wear identification, clothing or a uniform that identifies the employee as working for the public utility.

2.

A person convicted of an assault shall be punished:

(a) If paragraph (c) or (d) does not apply to the circumstances of the crime and the assault is not made with the use of a deadly weapon or the present ability to use a deadly weapon, for a misdemeanor.

(b) If the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

(c) If paragraph (d) does not apply to the circumstances of the crime and if the assault:

(1) Is committed upon:

- *SB429* – 14 – (I) An officer, a school employee, a taxicab driver, a transit operator or a utility worker who is performing his or her duty;

(II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty;

or (III) A sports official based on the performance of his or her duties at a sporting event;

and (2) The person charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator, a utility worker or a sports official,  for a gross misdemeanor, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

(d) If the assault:

(1) Is committed by a probationer, a prisoner who is in lawful custody or confinement or a parolee upon:

(I) An officer, a school employee, a taxicab driver, a transit operator or a utility worker who is performing his or her duty;

(II) A provider of health care while the provider of health care is performing his or her duty or is on the premises where he or she performs that duty;

or (III) A sports official based on the performance of his or her duties at a sporting event;

and (2) The probationer, prisoner or parolee charged knew or should have known that the victim was an officer, a provider of health care, a school employee, a taxicab driver, a transit operator, a utility worker or a sports official,  for a category D felony as provided in NRS 193.130, unless the assault is made with the use of a deadly weapon or the present ability to use a deadly weapon, then for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, or by a fine of not more than $5,000, or by both fine and imprisonment.

Sec.

NRS(Deleted 200.5093by isamendment.) herebySec. amended to read as follows:

200.5093 1.

Any person who is described in subsection 4 and who, in a professional or occupational capacity, knows or has reasonable cause to believe that an older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned shall:

- *SB429* – 15 – (a) Except as otherwise provided in subsection 2, report the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to:

(1) The local office of the Aging and Disability Services Division of the Department of Health and Human Services;

(2) A police department or sheriff’s office;

or (3) A toll-free telephone service designated by the Aging and Disability Services Division of the Department of Health and Human Services;

and (b) Make such a report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that the older person or vulnerable person has been abused, neglected, exploited, isolated or abandoned.

2.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person involves an act or omission of the Aging and Disability Services Division, another division of the Department of Health and Human Services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission.

3.

Each agency, after reducing a report to writing, shall forward a copy of the report to the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes.

4.

A report must be made pursuant to subsection 1 by the following persons:

(a) Every physician, dentist, dental hygienist, expanded function dental assistant, chiropractic physician, naprapath, optometrist, podiatric physician, medical examiner, resident, intern, professional or practical nurse, physician assistant licensed pursuant to chapter 630 or 633 of NRS, anesthesiologist assistant, perfusionist, psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, clinical alcohol and drug counselor, alcohol and drug counselor, music therapist, athletic trainer, driver of an ambulance, paramedic, licensed dietitian, holder of a license or a limited license issued under the provisions of chapter 653 of NRS, behavior analyst, assistant behavior analyst, registered behavior technician, peer recovery support specialist, as defined in NRS 433.627, peer recovery support specialist supervisor, as defined in NRS 433.629, or other person providing medical services licensed or certified to practice in this State, who examines, attends or treats an older person or vulnerable person who appears to have been abused, neglected, exploited, isolated or abandoned.

- *SB429* – 16 – (b) Any personnel of a hospital or similar institution engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of a hospital or similar institution upon notification of the suspected abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person by a member of the staff of the hospital.

(c) A coroner.

(d) Every person who maintains or is employed by an agency to provide personal care services in the home.

(e) Every person who maintains or is employed by an agency to provide nursing in the home.

(f) Every person who operates, who is employed by or who contracts to provide services for an intermediary service organization as defined in NRS 449.4304.

(g) Any employee of the Department of Health and Human Services, except the State Long-Term Care Ombudsman appointed pursuant to NRS 427A.125 and any of his or her advocates or volunteers where prohibited from making such a report pursuant to 45 C.F.R.

§ 1321.11.

(h) Any employee of a law enforcement agency or a county’s office for protective services or an adult or juvenile probation officer.

(i) Any person who maintains or is employed by a facility or establishment that provides care for older persons or vulnerable persons.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding the abuse, neglect, exploitation, isolation or abandonment of an older person or vulnerable person and refers them to persons and agencies where their requests and needs can be met.

(k) Every social worker [.] and every student of social work engaging in the practice of social work pursuant to section 4 of this act.

(l) Any person who owns or is employed by a funeral home or mortuary.

(m) Every person who operates or is employed by a community health worker pool, as defined in NRS 449.0028, or with whom a community health worker pool contracts to provide the services of a community health worker, as defined in NRS 449.0027.

(n) Every person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to NRS 422.27177.

5.

A report may be made by any other person.

- *SB429* – 17 – 6.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that an older person or vulnerable person has died as a result of abuse, neglect, isolation or abandonment, the person shall, as soon as reasonably practicable, report this belief to the appropriate medical examiner or coroner, who shall investigate the cause of death of the older person or vulnerable person and submit to the appropriate local law enforcement agencies, the appropriate prosecuting attorney, the Aging and Disability Services Division of the Department of Health and Human Services and the Unit for the Investigation and Prosecution of Crimes his or her written findings.

The written findings must include the information required pursuant to the provisions of NRS 200.5094, when possible.

7.

A division, office or department which receives a report pursuant to this section shall cause the investigation of the report to commence within 3 working days.

A copy of the final report of the investigation conducted by a division, office or department, other than the Aging and Disability Services Division of the Department of Health and Human Services, must be forwarded within 30 days after the completion of the report to the:

(a) Aging and Disability Services Division;

(b) Repository for Information Concerning Crimes Against Older Persons or Vulnerable Persons created by NRS 179A.450;

and (c) Unit for the Investigation and Prosecution of Crimes.

8.

If the investigation of a report results in the belief that an older person or vulnerable person is abused, neglected, exploited, isolated or abandoned, the Aging and Disability Services Division of the Department of Health and Human Services or the county’s office for protective services may provide protective services to the older person or vulnerable person if the older person or vulnerable person is able and willing to accept them.

9.

A person who knowingly and willfully violates any of the provisions of this section is guilty of a misdemeanor.

10.

As used in this section, “Unit for the Investigation and Prosecution of Crimes” means the Unit for the Investigation and Prosecution of Crimes Against Older Persons or Vulnerable Persons in the Office of the Attorney General created pursuant to NRS 228.265.

Sec.

NRS(Deleted 200.5095by isamendment.) herebySec. amended to read as follows:

200.5095 1.

Reports made pursuant to NRS 200.5093 and 200.5094, and records and investigations relating to those reports, are confidential.

2.

A person, law enforcement agency or public or private agency, institution or facility who willfully releases data or - *SB429* – 18 – information concerning the reports and investigation of the abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, except:

(a) Pursuant to a criminal prosecution;

(b) Pursuant to NRS 200.50982;

or (c) To persons or agencies enumerated in subsection 3,  is guilty of a misdemeanor.

3.

Except as otherwise provided in subsection 2 and NRS 200.50982, data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is available only to:

(a) A physician who is providing care to an older person or a vulnerable person who may have been abused, neglected, exploited, isolated or abandoned;

(b) An agency responsible for or authorized to undertake the care, treatment and supervision of the older person or vulnerable person;

(c) A district attorney or other law enforcement official who requires the information in connection with an investigation of the abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person;

(d) A court which has determined, in camera, that public disclosure of such information is necessary for the determination of an issue before it;

(e) A person engaged in bona fide research, but the identity of the subjects of the report must remain confidential;

(f) A grand jury upon its determination that access to such records is necessary in the conduct of its official business;

(g) Any comparable authorized person or agency in another jurisdiction;

(h) A legal guardian of the older person or vulnerable person, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the legal guardian of the older person or vulnerable person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

(i) If the older person or vulnerable person is deceased, the executor or administrator of his or her estate, if the identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected, and the executor or administrator is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

- *SB429* – 19 – (j) The older person or vulnerable person named in the report as allegedly being abused, neglected, exploited, isolated or abandoned, if that person is not legally incapacitated;

(k) An attorney appointed by a court to represent a protected person in a guardianship proceeding pursuant to NRS 159.0485, if:

(1) The protected person is an older person or vulnerable person;

(2) The identity of the person who was responsible for reporting the alleged abuse, neglect, exploitation, isolation or abandonment of the older person or vulnerable person to the public agency is protected;

and (3) The attorney of the protected person is not the person suspected of such abuse, neglect, exploitation, isolation or abandonment;

or (l) The State Guardianship Compliance Office created by NRS 159.341.

4.

If the person who is reported to have abused, neglected, exploited, isolated or abandoned an older person or a vulnerable person is [the] :

(a) The holder of a license or certificate issued pursuant to chapters 449, 630 to 641B, inclusive, 641D, 653 or 654 of NRS, the information contained in the report must be submitted to the board that issued the license.

(b) Engaging in the practice of social work as a student of social work pursuant to section 4 of this act, the information contained in the report must be submitted to the Board of Examiners for Social Workers.

5.

If data or information concerning the reports and investigations of the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person is made available pursuant to paragraph (b) or (j) of subsection 3 or subsection 4, the name and any other identifying information of the person who made the report must be redacted before the data or information is made available.

Sec.

Chapter(Deleted 396 of NRS is hereby amended by addingamendment.) theretoSec. a new section to read as follows:

16.

(Deleted by amendment.) Sec.

17.

TheThere Boardis ofhereby Regentsappropriated mayfrom establish and carry out, directly or through a designated officer or employee of the SystemState orGeneral anFund entityto with which the BoardUniversity of RegentsNevada, entersReno, into a contract pursuant to subsection 2, a program to support the practicesum of social$1,600,000 work by students of social work at practicum sites pursuant to sectionaward 4scholarships ofas thisprovided act in accordancesubsection with3. this subsection.

To the extent that money is available, the Board of Regents or its designee may:

- *SB429* – 20 – (a) Establish a process for practicum sites approved by the Board of Examiners for Social Workers pursuant to section 4 of this act to enroll in the program.

(b) Reimburse each enrolled practicum site at a rate established by the Board of Regents for the payment of each student who engages in the practice of social work at the practicum site.

The rate of reimbursement may increase based on the progress of the student through his or her program of education.

(c) Compensate each provider of health care who supervises a student who engages in the practice of social work at a practicum site at a rate established by the Board of Regents.

(d) Provide a financial incentive in an amount established by the Board of Regents to a practicum site when a student who engaged in the practice of social work at the practicum site becomes a licensed social worker.

(e) Reimburse a student who engages in the practice of social work at a remote practicum site for the costs of travel, meals and lodging.

(f) Adopt regulations to define the term “remote practicum site” for the purposes of paragraph (e) and any other regulations necessary to carry out the provisions of this section.

TheThere Boardis ofhereby Regentsappropriated orfrom itsthe designeeState mayGeneral enterFund intoto athe contractUniversity withof anyNevada, personLas orVegas, entitythe tosum operateof or$400,000 assistto inaward operatingscholarships theas programprovided establishedin pursuant to subsection 1.3.

AsThe usedmoney inappropriated thisby section,subsections “provider1 ofand health2 care”must hasbe theused meaning ascribed to itaward inscholarships NRSto 629.031.students who:

Sec.(a) Are enrolled in a program to obtain a bachelor’s degree or master’s degree in social work;

16.and (b) As part of such a program, are engaging in a field practicum at a practicum site that is:

NRS(1) 432B.220A ishospital herebythat amendedhas tobeen readcertified as follows:a critical access hospital by the United States Secretary of Health and Human Services pursuant to 42 U.S.C.

432B.220§ 1.1395i-4(e);

Any(2) personA whorural isclinic, describedas inthat subsectionterm 4is anddefined who, in hisNRS or449.0175; her professional or occupational capacity, knows or has reasonable cause to believe that a child has been abused or neglected shall:

(a)(3) ExceptA asrural otherwisehospital, providedas inthat subsectionterm 2,is reportdefined thein abuseNRS or449.0177; neglect of the child to an agency which provides child welfare services or to a law enforcement agency;

and(4) (b)A Makerural suchemergency ahospital, report as soon as reasonably practicable but not later than 24 hours after the person knows or has reasonable cause to believe that theterm childis hasdefined beenin abusedNRS or449.0178; neglected.

2.(5) In a census tract which, upon commencement of the field practicum, was designated as a qualified census tract by the United States Secretary of Housing and Urban Development pursuant to 26 U.S.C.

If§ a42(d)(5)(B)(ii); person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that the abuse or neglect of the child involves an act or omission of:

(a)(6) AIn person directly responsible or serving as a volunteercommunity forin orwhich, anaccording employeeto ofthe adecennial publiccensus orimmediately privatepreceding home, institution or facility where the childcommencement is receiving child care outside of the homefield forpracticum, aat -least *SB429*20 –percent 21 – portion of the day,households thewere personnot shallproficient makein the reportEnglish tolanguage; a law enforcement agency.

(b)(7) AnOn agencytribal whichland; provides child welfare services or a law enforcement agency, the person shall make the report to an agency other than the one alleged to have committed the act or omission, and the investigation of the abuse or neglect of the child must be made by an agency other than the one alleged to have committed the act or omission.

3.- *SB429_R1* – 3 – that primarily provides services in a community where tribalenter members commonly reside;

Any person who is described in paragraph (a) of subsection 4 who delivers or provides(9) medicalIn services to a newborncounty infantwhose andpopulation who,is inless his or her professional or occupational capacity, knows or has reasonable cause to believe that the newborn infant has been affected by a fetal alcohol spectrum disorder or prenatal substance use disorder or has withdrawal symptoms resulting from prenatal substance exposure shall, as soon as reasonably practicable but not later than 24100,000. hours after the person knows or has reasonable cause to believe that the newborn infant is so affected or has such symptoms, notify an agency which provides child welfare services of the condition of the infant and refer each person who is responsible for the welfare of the infant to an agency which provides child welfare services for appropriate counseling, training or other services.

A notification and referral to an agency which provides child welfare services pursuant to this subsection shall not be construed to require prosecution for any illegal action.

AAny reportremaining balance of the appropriations made by subsections 1 and 2 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made pursuantor any entity to subsectionwhich 1money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the followingentity persons:to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

(a) A person providing services licensed or certified in this State pursuant to, without limitation, chapter 450B, 630, 630A, 631, 632, 633, 634, 634A, 634B, 635, 636, 637, 637B, 639, 640, 640A, 640B, 640C, 640D, 640E, 641, 641A, 641B, 641C, 641D or 653 of NRS or practicing as an emergency medical technician, advanced emergency medical technician or paramedic in this State under the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact ratified by NRS 450B.145.

(b) Any personnel of a medical facility licensed pursuant to chapter 449 of NRS who are engaged in the admission, examination, care or treatment of persons or an administrator, manager or other person in charge of such a medical facility upon notification of suspected abuse or neglect of a child by a member of the staff of the medical facility.

(c) A coroner.

(d) A member of the clergy, practitioner of Christian Science or religious healer, unless the person has acquired the knowledge of the abuse or neglect from the offender during a confession.

- *SB429* – 22 – (e) A person employed by a public school or private school and any person who serves as a volunteer at such a school.

(f) Any person who maintains or is employed by a facility or establishment that provides care for children, children’s camp or other public or private facility, institution or agency furnishing care to a child.

(g) Any person licensed pursuant to chapter 424 of NRS to conduct a foster home.

(h) Any officer or employee of a law enforcement agency or an adult or juvenile probation officer.

(i) Except as otherwise provided in NRS 432B.225, an attorney.

(j) Any person who maintains, is employed by or serves as a volunteer for an agency or service which advises persons regarding abuse or neglect of a child and refers them to persons and agencies where their requests and needs can be met.

(k) Any person who is employed by or serves as a volunteer for a youth shelter.

As used in this paragraph, “youth shelter” has the meaning ascribed to it in NRS 244.427.

(l) Any adult person who is employed by an entity that provides organized activities for children, including, without limitation, a person who is employed by a school district or public school.

(m) Any person who is enrolled with the Division of Health Care Financing and Policy of the Department of Health and Human Services to provide doula services to recipients of Medicaid pursuant to NRS 422.27177.

(n) A peer recovery support specialist, as defined in NRS 433.627, or peer recovery support specialist supervisor, as defined in NRS 433.629.

(o) A student of social work who is engaging in the practice of social work pursuant to section 4 of this act.

5.

A report may be made by any other person.

6.

If a person who is required to make a report pursuant to subsection 1 knows or has reasonable cause to believe that a child has died as a result of abuse or neglect, the person shall, as soon as reasonably practicable, report this belief to an agency which provides child welfare services or a law enforcement agency.

If such a report is made to a law enforcement agency, the law enforcement agency shall notify an agency which provides child welfare services and the appropriate medical examiner or coroner of the report.

If such a report is made to an agency which provides child welfare services, the agency which provides child welfare services shall notify the appropriate medical examiner or coroner of the report.

The medical examiner or coroner who is notified of a report pursuant to this subsection shall investigate the report and submit his or her written findings to the appropriate agency which provides - *SB429* – 23 – child welfare services, the appropriate district attorney and a law enforcement agency.

The written findings must include, if obtainable, the information required pursuant to the provisions of subsection 2 of NRS 432B.230.

7.

The agency, board, bureau, commission, department, division or political subdivision of the State responsible for the licensure, certification or endorsement of a person who is described in subsection 4 and who is required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State shall, at the time of initial licensure, certification or endorsement:

(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section;

and (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is licensed, certified or endorsed in this State.

8.

The employer of a person who is described in subsection 4 and who is not required in his or her professional or occupational capacity to be licensed, certified or endorsed in this State must, upon initial employment of the person:

(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section;

(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section;

and (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person is employed by the employer.

9.

Before a person may serve as a volunteer at a public school or private school, the school must:

(a) Inform the person, in writing or by electronic communication, of his or her duty as a mandatory reporter pursuant to this section and NRS 392.303;

(b) Obtain a written acknowledgment or electronic record from the person that he or she has been informed of his or her duty pursuant to this section and NRS 392.303;

and (c) Maintain a copy of the written acknowledgment or electronic record for as long as the person serves as a volunteer at the school.

10.

The provisions of subsection 8 do not apply to the employer of a person practicing as an emergency medical technician, advanced emergency medical technician or paramedic in - *SB429* – 24 – this State under the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact ratified by NRS 450B.145.

11.

As used in this section:

(a) “Private school” has the meaning ascribed to it in NRS 394.103.

(b) “Public school” has the meaning ascribed to it in NRS 385.007.

17.

1.

There is hereby appropriated from the State General Fund to the Nevada System of Higher Education the sum of $2,000,000 for the costs of the program established pursuant to section 15 of this act.

subsection 1 must not be committed for expenditure after June 30, 2027, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 17, 2027, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 17, 2027.

Sec.

This act becomes effective:effective on July 1, 2025.

1.H - *SB429_R1*

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;

and 2.

On July 1, 2025, for all other purposes.

H - *SB429*