Amendment vs bill Amendment 531 vs Reprint 1

Struck = removed from the bill · added = the amendment's new text.

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EXEMPT (Reprinted with amendments adopted on April 18, 2025) FIRST REPRINT A.B.
Session (83rd) A AB208 531 Amendment No.
208 A SSEMBLY B ILLN O.
531 Assembly Amendment to Assembly Bill No.
208–A SSEMBLYMEMBER Y EAGER PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Restricts the use of certain products by governmental entities and government-funded entities.
208 (BDR 19-737) Proposed by:
Assembly Committee on Government Affairs Amendment Box:
Replaces Amendment No.
73.
Amends:
Summary:
No Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
CCP/EWR - Date:
4/16/2025 A.B.
No.
208—Restricts the use of certain products by governmental entities and government-funded entities.
(BDR 19-737) Page 1 of 6 *A_AB208_531* Assembly Amendment No.
531 to Assembly Bill No.
208 Page 3 A SSEMBLY B ILLN O.
208–ASSEMBLYMEMBER YEAGER PREFILED FEBRUARY 3, 2025 _______________ Referred to Committee on Government Affairs SUMMARY—Restricts the use of certain products by governmental entities and government-funded entities.
EffEffect on the State:
Effect on Local Government:
Yes.May have Fiscal Impact.
May have Fiscal Impact.
Effect on the State:
Yes.
restricting the manner in which certain governmental entities or government- funded entities may use certain products;
restricting the manner in which [a] certain governmental [entity] entities or [a] government-funded [entity] entities may use certain products;
This bill prohibits, with certain exceptions, a governmental entity or a government-funded entity that operates, administers or contracts with a mental health facility or place of confinement from using a product that is or has ever been protected by a patent granted by the United States Patent and Trademark Office or is terms of use of that product established by the current or most recent holder of thehe patent for the product or the manufacturer or distributor of the product;
This bill prohibits, with certain exceptions, a governmental entity or a government-funded entity that operates, administers or contracts with a mental health facility or place of confinement from using a product that is or has ever been protected by a patent granted by the United States Patent and Trademark Office or is subject to review by certain federal agencies in a recent holder of the patent for the product or the manufacturer or distributor of the product;
(2) that is inconsistent with any written instructions, limitations or directed uses included with the product;
(2)t that is inconsistent with any written instructions, limitations or directed uses included with the product;
product in such a manner if the covered entity transmits a written notice of the intended use to the patent holder and the manufacturer or distributor of the product, if different from the patent holder, that:
However, this bill authorizes a [governmental entity or government-funded] covered entity to use , provide or dispense a product in such a manner if the [governmental entity or government-funded entity, as applicable,] covered entity transmits a written notice of the intended use to the patent holder and the manufacturer or distributor of the product, if different from the patent holder, that:
and (2) describes the specific manner in which the entity plans to use, provide or dispense the product.
and (2) describes the specific manner in which the entity plans to use , provide or dispense the product.
This bill authorizes the patent holder or the manufacturer or distributor of a product to object to the use, provision or dispensing of the product in such a manner by transmitting a written notice of the objection to the covered holder, manufacturer or distributor, this bill requires the covered entity to cease and desist from using, providing or dispensing the product in the manner to which the - *AB208_R1* – 2 – patent holder, manufacturer or distributor objects.
This bill authorizes the patent holder or the manufacturer or distributor of a product to object to the use , provision or dispensing of the product in such a manner by transmitting a written notice of the objection to the [governmental entity or government-funded] covered entity.
This bill further authorizes a covered entity to provide or dispense a patented or reviewed product to a resident manner without providing notice to the patent holder, manufacturer and distributor of the product if the resident to whom the product is provided or dispensed provides informed consent with respect to the use and receipt of the product.
Once the [governmental entity or government-funded] covered entity receives a notice of objection from government-funded entity, as applicable,] covered entity to cease and desist from using ,ty or providing or dispensing the product in the manner to which the patent holder, manufacturer or distributor objects.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
This bill further authorizes a covered entity to provide or dispense a patented or reviewed product to a resident of a mental health facility or place of confinement to be used in a non-conforming manner without providing notice to the patent holder, manufacturer and distributor of the product if the resident to whom the product is provided or dispensed provides informed consent with respect to the use and receipt of the product.
Assembly Amendment No.
531 to Assembly Bill No.
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208 Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Except as authorized by this section, a covered entity shall not use a federally reviewed product or provide or dispense a federally reviewed product to a resident for use, regardless of how the product was obtained, in a manner that:
Except as authorized by this section, a [governmental entity or a government-funded] covered entity shall not use a federally reviewed product [,] or provide or dispense a federally reviewed product to a resident for use, regardless of how the product was obtained, in a manner that:
Except as otherwise provided by subsection 5, a covered entity may use, provide or dispense a federally reviewed product in a manner described in subsection 1 if:
Except as otherwise provided by subsection 5, a [governmental entity or a government-funded] covered entity may use , provide or dispense a federally reviewed product in a manner described in subsection 1 if:
(a) The covered entity transmits a written notice to the patent holder and the manufacturer and distributor of the federally reviewed product, if different from the patent holder, that:
(a) The [governmental entity or government-funded] covered entity transmits a written notice to the patent holder and the manufacturer and distributor of the federally reviewed product, if different from the patent holder, that:
(1) Sufficiently identifies the federally reviewed product that the covered entity seeks to use, provide or dispense;
(1) Sufficiently identifies the federally reviewed product that the [governmental entity or government-funded] covered entity seeks to use [;] , provide or dispense;
and (2) Describes the specific manner in or purposes for which the covered entity plans to use, provide or dispense the federally reviewed product;
and (2) Describes the specific manner in or purposes for which the [governmental entity or government-funded] covered entity plans to use , provide or dispense the federally reviewed product;
and (b) At least 30 days have elapsed after the transmission of the notice described in paragraph (a) without the patent holder, manufacturer or distributor of the federally reviewed product transmitting an objection to the covered entity pursuant to subsection 3.
and (b) At least 30 days have elapsed after the transmission of the notice described in paragraph (a) without the patent holder, manufacturer or distributor of the federally reviewed product transmitting an objection to the [governmental] covered entity [or government-funded entity, as applicable,] pursuant to subsection 3.
- *AB208_R1* – 3 – 3.
3.
If a patent holder or a manufacturer or distributor of a federally reviewed product has reason to believe that a covered entity is using, providing or dispensing or plans to use, provide or dispense a federally reviewed product in a manner described in subsection 1, based on a notice received pursuant to subsection 2 or for any other reason, the patent holder, manufacturer or distributor may object to such use by transmitting a written notice to the covered entity that:
If a patent holder or a manufacturer or distributor of a federally reviewed product has reason to believe that a [governmental entity or a government-funded] covered entity is using, providing or dispensing or plans to use, provide or dispense a federally reviewed product in a manner described in subsection 1, based on a notice received pursuant to subsection 2 or for any other reason, the patent holder, manufacturer or distributor may object to such use by transmitting a written notice to the [governmental entity or government-funded] cov(a) Identifies the federally reviewed product at issue;
(a) Identifies the federally reviewed product at issue;
and (d) Requests that the covered entity cease and desist from using, providing or dispensing the federally reviewed product in the manner described in paragraph (b).
and Assembly Amendment No.
531 to Assembly Bill No.
208 Page 5 (d) Requests that the [governmental] covered entity [or government-funded entity, as applicable,] cease and desist from using , providing or dispensing the federally reviewed product in the manner described in paragraph (b).
A patent holder or a manufacturer or distributor of a federally reviewed product may withdraw an objection made pursuant to subsection 3 by transmitting a written notice to the covered entity to which the patent holder, manufacturer or distributor, as applicable, transmitted the objection pursuant to subsection 3.
A patent holder or a manufacturer or distributor of a federally reviewed product may withdraw an objection made pursuant to subsection 3 by transmitting a written notice to the [governmental entity or government-funded] covered entity to which the patent holder, manufacturer or distributor, as applicable, transmitted the objection pursuant to subsection 3.
Except as otherwise provided in this subsection and subsection 6, upon receiving a written notice described in subsection 3 from a patent holder or the manufacturer or distributor of a federally reviewed product, a covered entity shall immediately cease and desist from using, providing or dispensing the federally reviewed product in the manner described in the notice pursuant to paragraph (b) of subsection 3.
Except as otherwise provided in this subsection [,] and subsection 6, upon receiving a written notice described in subsection 3 from a patent holder or the manufacturer or distributor of a federally reviewed product, a [governmental entity or government-funded] covered entity shall immediately cease and desist from using , providing or dispensing the federally reviewed product in the manner described in the notice pursuant to paragraph (b) of subsection 3.
A covered entity may use, provide or dispense the federally reviewed product in such a manner if the covered entity subsequently receives a written notice withdrawing any objection for that particular manner of use pursuant to subsection 4 from all patent holders, manufacturers and distributors that have objected to that particular manner of use pursuant to subsection 3.
A [governmental entity or government-funded] covered entity may use , provide or dispense the federally reviewed product in such a manner if the [governmental] covered entity [or government-funded entity, as applicable,] subsequently receives a written notice withdrawing any objection for that particular manner of use pursuant to subsection 4 from all patent holders, manufacturers and distributors that have objected to that particular manner of use pursuant to subsection 3.
A covered entity may provide or dispense a federally reviewed product to a resident to be used in a manner described in subsection 1 if the resident to whom the product is provided or - *AB208_R1* – 4 – dispensed provides informed consent to the covered entity with respect to the particular use and receipt of the product.
A covered entity may provide or dispense a federally reviewed product to a resident to be used in a manner described in subsection 1 if the resident to whom the product is provided or dispensed provides informed consent to the covered entity with respect to the particular use and receipt of the product.
(1) Is currently protected by, or has ever been protected by, a patent issued by the United States Patent and Trademark Office;
Assembly Amendment No.
531 to Assembly Bill No.
208 Page 6 (1) Is currently protected by, or has ever been protected by, a patent issued by the United States Patent and Trademark Office;
(d) “Governmental entity” means the State of Nevada or any agency, institution, board, commission, bureau, council, department, division, office, authority or other unit of government of the State of Nevada.
[(b)] (d) “Governmental entity” means the State of Nevada [, any political subdivision of the State of Nevada] or any agency, institution, board, commission, bureau, council, department, division, office, authority or other unit of government of the State of Nevada .
(e) “Government-funded entity” means any entity that received 50 percent or more of its operating budget in the immediately preceding calendar year from any combination of:
[or any political subdivision of the State of Nevada.
(c)] (e) “Government-funded entity” means any entity that received 50 percent or more of its operating budget in the immediately preceding calendar year from any combination of:
- *AB208_R1* – 5 – (f)(1) A person or entity that holds a valid patent for a federally reviewed product issued by the United States Patent and Trademark Office;
[(d)] (f) “Patent holder” means:
(1) A person or entity that holds a valid patent for a federally reviewed product issued by the United States Patent and Trademark Office;
H - *AB208_R1*