Nev. Rev. Stat. § 449B.010 Definitions.
As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449B.015 to 449B.050, inclusive, have the meanings ascribed to them in those sections.
AGENCIES TO PROVIDE PERSONAL CARE SERVICES AND RELATED ENTITIES
Nev. Rev. Stat. 449B
in effectNev. Rev. Stat. § 449B.015 Agency to provide personal care services in the home defined.
1. Agency to provide personal care services in the home means any person, other than a natural person, which provides services authorized pursuant to NRS 449B.465 to elderly persons or persons with disabilities in the home.
2. The term does not include:
(a) An independent contractor who provides nonmedical services specified in NRS 449B.465 without the assistance of employees;
(b) An organized group of persons composed of the family and friends of a person needing nonmedical services related to personal care that employs or contracts with persons to provide such nonmedical services for the person if:
(1) The organization of the group of persons is set forth in a written document that is made available for review by the Division upon request; and
(2) The services are provided to only one person or one family who resides in the same residence;
(c) An intermediary service organization; or
(d) A person or agency that contracts with the Aging and Disability Services Division of the Department of Human Services to provide temporary respite services.
3. As used in this section:
(a) Intermediary service organization has the meaning ascribed to it in NRS 449B.500 .
(b) Temporary respite services means services provided through a contract with the Aging and Disability Services Division of the Department of Human Services to a natural person on a periodic basis to provide a respite for a regular provider of services.
Nev. Rev. Stat. § 449B.020 Board defined.
Board means the State Board of Health.
Nev. Rev. Stat. § 449B.030 Division defined.
Division means the Health Care Purchasing and Compliance Division of the Nevada Health Authority.
Nev. Rev. Stat. § 449B.040 Employment agency defined.
Employment agency has the meaning ascribed to it in NRS 611.020.
Nev. Rev. Stat. § 449B.050 Nonmedical services related to personal care to elderly persons or persons with disabilities defined.
Nonmedical services related to personal care to elderly persons or persons with disabilities includes, without limitation:
1. The elimination of wastes from the body;
2. Dressing and undressing;
3. Bathing;
4. Grooming;
5. The preparation and eating of meals;
6. Laundry;
7. Shopping;
8. Cleaning;
9. Transportation; and
10. Any other minor needs related to the maintenance of personal hygiene.
Nev. Rev. Stat. § 449B.100 License required to operate.
Except as otherwise provided in NRS 449B.120, no person, state or local government or agency thereof may operate or maintain in this State an agency to provide personal care services in the home without first obtaining a license as provided in NRS 449B.100 to 449B.495, inclusive.
Nev. Rev. Stat. § 449B.105 License to operate employment agency that contracts with persons to provide nonmedical services; standards and regulations; prohibition on certain referrals; civil penalty.
1. Except as otherwise provided in NRS 449B.120 , a person must obtain a license from the Board to operate an employment agency that contracts with persons in this State to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, regardless of whether the employment agency is located in this State.
2. The Board shall adopt:
(a) Standards for licensing of employment agencies that contract to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home;
(b) Standards relating to the fees charged by such employment agencies;
(c) Regulations governing the licensing of such employment agencies; and
(d) Regulations establishing requirements for training the persons who contract with such employment agencies to provide such nonmedical services.
3. An employment agency that is licensed pursuant to this section shall not refer a person to a home to provide nonmedical services related to personal care to elderly persons or persons with disabilities if that person has not met the requirements set forth in NRS 449B.300 to 449B.340 , inclusive.
4. A person who violates the provisions of subsection 3 is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second and subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of chapter 449A of NRS and NRS 449B.010 to 449B.495 , inclusive, and to protect the health, safety, well-being and property of the persons served by the employment agencies.
Nev. Rev. Stat. § 449B.110 Petition to determine if criminal history will disqualify person from obtaining license; fee; posting of requirements for license and list of disqualifying crimes on Internet; report.
1. The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the persons criminal history will disqualify the person from obtaining a license pursuant to NRS 449B.010 to 449B.495 , inclusive.
2. Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the persons criminal history will disqualify the person from obtaining a license. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.
3. The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a license from the Division.
5. A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.
6. The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Division may post on its Internet website:
(a) The requirements to obtain a license pursuant to NRS 449B.010 to 449B.495 , inclusive, from the Division; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a license from the Division.
8. The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.
10. The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the Division pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Division pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or which the Division determines would be helpful.
11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
Nev. Rev. Stat. § 449B.115 Exemptions.
The provisions of NRS 449B.010 to 449B.495, inclusive, do not apply to any agency to provide personal care services in the home that is operated and maintained by the United States Government or an agency thereof.
Nev. Rev. Stat. § 449B.120 Person with certain licensure exempt from requirement to obtain license to operate employment agency.
A person who is licensed or certified pursuant to a provision of this chapter other than NRS 449B.105 or a provision of chapter 449 of NRS and who contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities is not required to obtain an additional license pursuant to NRS 449B.105.
Nev. Rev. Stat. § 449B.125 Board to adopt standards and other regulations.
1. The Board shall adopt:
(a) Licensing standards for agencies to provide personal care services in the home.
(b) Regulations governing the licensing of such agencies.
(c) Regulations that prescribe the specific types of discrimination prohibited by NRS 449B.260 .
(d) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449B.010 to 449B.495 , inclusive.
2. The Board shall require that the practices and policies of each agency to provide personal care services in the home provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person served by the agency.
Nev. Rev. Stat. § 449B.130 Board to adopt regulations authorizing employees to perform certain tasks.
1. The Board shall adopt regulations authorizing an employee of an agency to provide personal care services in the home, with the consent of the person receiving services, to:
(a) Check, record and report the temperature, blood pressure, apical or radial pulse, respiration or oxygen saturation of a person receiving services from the agency;
(b) Using an auto-injection device approved by the Food and Drug Administration for use in the home, administer to a person receiving services from the agency insulin furnished by a registered pharmacist, as directed by a physician, physician assistant or advanced practice registered nurse, or assist such a person with the self-administration of such insulin; and
(c) Using a device for monitoring blood glucose approved by the Food and Drug Administration for use in the home, conduct a blood glucose test on a person receiving services from the agency or assist such a person to conduct a blood glucose test on himself or herself.
2. The regulations adopted pursuant to this section:
(a) Must require the tasks described in subsection 1 to be performed in conformance with the Clinical Laboratory Improvement Amendments of 1988, Public Law No. 100-578, 42 U.S.C. § 263a, if applicable, and any other applicable federal law or regulation;
(b) Must prohibit the use of a device for monitoring blood glucose on more than one person; and
(c) May require a person to receive training before performing any task described in subsection 1.
Nev. Rev. Stat. § 449B.140 Money received from licensing to be deposited in State General Fund; expenditure of state and federal money by Division.
1. Money received from the licensing of agencies to provide personal care services in the home must be forwarded to the State Treasurer for deposit in the State General Fund to the credit of the Division.
2. The Division shall enforce the provisions of NRS 449B.010 to 449B.495 , inclusive, and may incur any necessary expenses not in excess of money authorized for that purpose by the State or received from the Federal Government.
Nev. Rev. Stat. § 449B.145 Powers of Division.
The Division may:
1. Upon receipt of an application for a license, conduct an investigation into the qualifications of personnel, methods of operation, policies and purposes of any person proposing to engage in the operation of an agency to provide personal care services in the home.
2. Upon receipt of a complaint against an agency to provide personal care services in the home, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation, policies, procedures and records of that agency or any other such agency which may have information pertinent to the complaint.
3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of this chapter.
Nev. Rev. Stat. § 449B.150 Authority of Division to collect actual cost of enforcing provisions from unlicensed agency; authorized use of money collected; exceptions.
1. Except as otherwise provided in this section, the Division may charge and collect from an agency to provide personal care services in the home or a person who operates such an agency without a license issued by the Division the actual costs incurred by the Division for the enforcement of the provisions of this chapter, including, without limitation, the actual cost of conducting an inspection or investigation of the agency.
2. The Division shall not charge and collect the actual cost for enforcement pursuant to subsection 1 if the enforcement activity is:
(a) Related to the issuance or renewal of a license for which the Board charges a fee pursuant to NRS 449B.160 and 449B.210 ; or
(b) Conducted pursuant to an agreement with the Federal Government which has appropriated money for that purpose.
3. Any money collected pursuant to subsection 1 may be used by the Division to administer and carry out the provisions of this chapter and the regulations adopted pursuant thereto.
Nev. Rev. Stat. § 449B.155 Application for license: Filing; contents.
Any person, state or local government or agency thereof desiring a license under the provisions of NRS 449B.010 to 449B.495, inclusive, must file with the Division an application, on a form prescribed, prepared and furnished by the Division, containing:
1. The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.
2. The address of the principal place of business of the agency.
3. In specific terms, the nature of services and type of care to be offered, as defined in the regulations.
4. The name of the person in charge of the agency.
5. Such other information as may be required by the Division for the proper administration and enforcement of this chapter.
6. Evidence satisfactory to the Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof and the person in charge of the agency for which the application is made. If the applicant is a political subdivision of the State or other governmental agency, similar evidence must be submitted as to the person in charge of the entity for which application is made.
7. Evidence satisfactory to the Division of the ability of the applicant to comply with the provisions of NRS 449B.010 to 449B.495 , inclusive, and the standards and regulations adopted by the Board.
Nev. Rev. Stat. § 449B.160 Fees.
Each application for a license must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a license in installments and may fix the amount of each payment and the date that the payment is due.
Nev. Rev. Stat. § 449B.165 Application for license: Social security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
An application for the issuance of a license pursuant to NRS 449B.010 to 449B.495, inclusive, must include the social security number of the applicant.
Nev. Rev. Stat. § 449B.170 Application for license: Statement regarding obligation of child support; grounds for denial; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or renewal of a license pursuant to NRS 449B.010 to 449B.495 , inclusive, must submit to the Division the statement prescribed by the Division of Social Services of the Department of Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the license; or
(b) A separate form prescribed by the Division.
3. A license may not be issued or renewed by the Division pursuant to NRS 449B.010 to 449B.495 , inclusive, if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Nev. Rev. Stat. § 449B.175 Application for license: Indication of state business license; grounds for denial.
1. In addition to any other requirements set forth in NRS 449B.010 to 449B.495 , inclusive, an applicant for the renewal of a license pursuant to those sections must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A license issued pursuant to NRS 449B.010 to 449B.495 , inclusive, may not be renewed by the Division if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130 ; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 353C.020 .
(b) Debt has the meaning ascribed to it in NRS 353C.040 .
Nev. Rev. Stat. § 449B.180 Prohibition on denial of application based on immigration status; alternative personally identifying number required; confidentiality.
1. The Division shall not deny the application of a person for a license pursuant to NRS 449B.010 to 449B.495 , inclusive, based solely on his or her immigration status.
2. Notwithstanding the provisions of NRS 449B.165 , an applicant for a license pursuant to NRS 449B.010 to 449B.495 , inclusive, who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for such a license.
3. The Division shall not disclose to any person who is not employed by the Division the social security number or alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Division is confidential and is not a public record for the purposes of chapter 239 of NRS.
Nev. Rev. Stat. § 449B.185 Surety bond for initial license and renewal of license; exception.
1. Except as otherwise provided in subsection 6 and NRS 449B.190 , each agency to provide personal care services in the home, when applying for a license or renewing a license, file with the Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority a surety bond:
(a) If the agency employs less than 7 employees, in the amount of $5,000;
(b) If the agency employs at least 7 but not more than 25 employees, in the amount of $25,000; or
(c) If the agency employs more than 25 employees, in the amount of $50,000.
2. A bond filed pursuant to this section must be executed by the agency as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Human Services and must be conditioned to provide indemnification to an older client who the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Developmental Disability determines has suffered property damage as a result of any act or failure to act by the agency to protect the property of the older client.
3. Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.
4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days written notice to the Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority, but the release does not discharge or otherwise affect any claim filed by an older client for property damaged as a result of any act or failure to act by the agency to protect the property of the older client alleged to have occurred while the bond was in effect.
5. A license is suspended by operation of law when the agency is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449B.190 . The Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority shall give the agency at least 20 days written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.
6. The requirement of filing a surety bond set forth in this section does not apply to an agency to provide personal care services in the home that is operated and maintained by the State of Nevada or an agency thereof.
7. As used in this section, older client means a client who is 60 years of age or older.
Nev. Rev. Stat. § 449B.190 Substitute for surety bond.
1. As a substitute for the surety bond required pursuant to NRS 449B.185 , an agency to provide personal care services in the home may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority:
(a) An obligation of a bank, savings and loan association, savings bank, thrift company or credit union licensed to do business in this State;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.
2. The obligations of a bank, savings and loan association, savings bank, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449B.185 . With the approval of the Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging and Disability Services Division of the Department of Human Services and are negotiable only upon approval by the Administrator of the Aging and Disability Services Division.
3. Any interest or dividends earned on the deposit accrue to the account of the depositor.
4. The deposit must be an amount at least equal to the surety bond required by NRS 449B.185 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging and Disability Services Division.
Nev. Rev. Stat. § 449B.200 Issuance, validity and nontransferability of license.
1. The Division shall issue a license to operate an agency to provide personal care services in the home if, after investigation, the Division finds that the applicant is in:
(a) Full compliance with the provisions of NRS 449B.010 to 449B.495 , inclusive; and
(b) Substantial compliance with the standards and regulations adopted by the Board.
2. A license applies only to the person to whom it is issued and is not transferable.
Nev. Rev. Stat. § 449B.205 Form and contents of license.
Each license issued by the Division to an agency to provide personal care services in the home must be in the form prescribed by the Division and must contain:
1. The name of the person or persons authorized to operate the agency to provide personal care services in the home; and
2. The nature of services offered and the capacity of the licensee to deliver services.
Nev. Rev. Stat. § 449B.210 Expiration and renewal of license; fees.
1. Each license to operate an agency to provide personal care services in the home issued pursuant to NRS 449B.010 to 449B.495 , inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to subsection 3 and NRS 449B.160 unless the Division finds, after an investigation, that the agency has not satisfactorily complied with the provisions of NRS 449B.010 to 449B.495 , inclusive, or the standards and regulations adopted by the Board.
2. Each reapplication for an agency to provide personal care services in the home must include, without limitation:
(a) A statement that the agency is in compliance with the provisions of NRS 449B.300 to 449B.340 , inclusive, and 449B.440 ; and
(b) A statement that the holder of the license, the administrator or other person in charge and employees of the agency are in compliance with the provisions of NRS 449B.225 .
3. Each reapplication for an agency to provide personal care services in the home must be accompanied by the fee prescribed by the Board pursuant to NRS 457.240 , in addition to the fees imposed pursuant to NRS 449B.160 .
Nev. Rev. Stat. § 449B.215 Provisional license.
1. The Division may cancel the license of an agency to provide personal care services in the home and issue a provisional license, effective for a period determined by the Division, to such an agency if the agency:
(a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of NRS 449B.010 to 449B.495 , inclusive, and the Division determines that the agency requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or
(b) Has failed to comply with the standards or regulations and the Division determines that the agency is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.
2. The provisions of subsection 1 do not require the issuance of a license or prevent the Division from refusing to renew or from revoking or suspending any license where the Division deems such action necessary for the health and safety of the persons receiving services from any agency.
Nev. Rev. Stat. § 449B.220 Regulations prescribing mandatory training for unlicensed caregivers; posting of list of providers of training on Internet website; duties of administrator or other person in charge of agency.
1. The Board shall:
(a) Adopt regulations prescribing mandatory training for unlicensed caregivers who provide care for an agency to provide personal care services in the home and persons who receive reimbursement from Medicaid pursuant to NRS 422.272407 or 422.3965 for providing personal care services. The regulations must establish the required topics for the training, which must include, without limitation, control of infectious diseases and minimum standards for training in each required topic.
(b) Review the required topics for training established pursuant to paragraph (a) at least annually and revise those topics when necessary to address new issues that impact the health and safety of persons who receive personal care services.
2. The Division shall post on an Internet website maintained by the Division a list of nationally recognized organizations that provide evidence-based training for caregivers which:
(a) Is free of charge or has a minimal cost; and
(b) May be used to satisfy the requirements of the regulations adopted pursuant to subsection 1.
3. The administrator or other person in charge of an agency to provide personal care services in the home shall:
(a) Ensure that each unlicensed caregiver who provides care for the agency completes the training required by the regulations adopted pursuant to subsection 1 and document the completion of the training in the personnel file of each unlicensed caregiver;
(b) Ensure the implementation of the best practices taught in the training required by the regulations adopted pursuant to subsection 1 at the agency where appropriate;
(c) Develop and annually update a written plan for the control of infectious diseases; and
(d) Provide a written copy of the plan for the control of infectious diseases to each employee or independent contractor of the agency and each client of the agency.
Nev. Rev. Stat. § 449B.225 Training to recognize and prevent abuse of older persons; action for failure to complete.
1. An applicant for a license to operate an agency to provide personal care services in the home must receive training to recognize and prevent the abuse of older persons before a license to operate such an agency is issued to the applicant. If an applicant has completed such training within the year preceding the date of the application for a license and the application includes evidence of the training, the applicant shall be deemed to have complied with the requirements of this subsection.
2. A licensee who holds a license to operate an agency to provide personal care services in the home must annually receive training to recognize and prevent the abuse of older persons before the license to operate such an agency may be renewed.
3. If an applicant or licensee who is required by this section to obtain training is not a natural person, the person in charge of the agency must receive the training required by this section.
4. An administrator or other person in charge of an agency to provide personal care services in the home must receive training to recognize and prevent the abuse of older persons before the agency provides care to a person and annually thereafter.
5. An employee who will provide care for an agency to provide personal care services in the home must receive training to recognize and prevent the abuse of older persons before the employee provides care to a person in the agency and annually thereafter.
6. The topics of instruction that must be included in the training required by this section must include, without limitation:
(a) Recognizing the abuse of older persons, including sexual abuse and violations of NRS 200.5091 to 200.50995 , inclusive;
(b) Responding to reports of the alleged abuse of older persons, including sexual abuse and violations of NRS 200.5091 to 200.50995 , inclusive; and
(c) Instruction concerning the federal, state and local laws, and any changes to those laws, relating to:
(1) The abuse of older persons; and
(2) Agencies to provide personal care services in the home for the person.
7. The agency to provide personal care services in the home is responsible for the costs related to the training required by this section.
8. The holder of a license to operate an agency to provide personal care services in the home shall ensure that each person who is required to comply with the requirements for training pursuant to this section complies with those requirements. The Division may, for any violation of this section, take disciplinary action against an agency pursuant to NRS 449B.400 and 449B.410 .
Nev. Rev. Stat. § 449B.260 Discrimination prohibited; development of antidiscrimination policy; posting of nondiscrimination statement and certain other information; construction of section.
1. An agency to provide personal care services in the home and any employee or independent contractor of such an agency shall not discriminate in the provision of services to a client based wholly or partially on the actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or human immunodeficiency virus status of the client or any person with whom the client associates.
2. An agency to provide personal care services in the home shall:
(a) Develop and carry out policies to prevent the specific types of prohibited discrimination described in the regulations adopted by the Board pursuant to NRS 449B.125 and meet any other requirements prescribed by regulations of the Board; and
(b) Post prominently on any Internet website used to market the agency the following statement:
[Name of the agency to provide personal care services in the home] does not discriminate and does not permit discrimination, including, without limitation, bullying, abuse or harassment, on the basis of actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status, or based on association with another person on account of that persons actual or perceived race, color, religion, national origin, ancestry, age, gender, physical or mental disability, sexual orientation, gender identity or expression or HIV status.
3. The provisions of this section shall not be construed to:
(a) Require an agency to provide personal care services in the home or an employee or independent contractor thereof to take or refrain from taking any action in violation of reasonable medical standards; or
(b) Prohibit an agency to provide personal care services in the home from adopting a policy that is applied uniformly and in a nondiscriminatory manner, including, without limitation, such a policy that bans or restricts sexual relations.
Nev. Rev. Stat. § 449B.270 Duty to protect privacy of client.
An agency to provide personal care services in the home shall:
1. Maintain the confidentiality of personally identifiable information concerning the sexual orientation of a client, whether the client is transgender or has undergone gender-affirming surgery and the human immunodeficiency virus status of the client and take reasonable actions to prevent the unauthorized disclosure of such information;
2. Prohibit employees or independent contractors of the agency who are not directly providing care to a client from being present during any portion of the care, during which the client is fully or partially unclothed without the express permission of the client or the authorized representative of the client;
3. Use visual barriers, including, without limitation, doors, curtains and screens, to provide privacy for clients who are fully or partially unclothed; and
4. Allow a client to refuse to be examined or observed by or receive services from an employee or independent contractor of the agency for a purpose that is primarily educational rather than therapeutic.
Nev. Rev. Stat. § 449B.280 Regulations requiring training relating to cultural competency; maintenance and distribution of list of approved courses and programs; request to provide unapproved course or program.
1. Except as otherwise provided in subsection 3, to enable an agent or employee of an agency to provide personal care services in the home who is described in subsection 2 to more effectively care for clients the Board shall, by regulation, require such an agency to conduct training relating specifically to cultural competency for any agent or employee of the agency who is described in subsection 2 so that such an agent or employee may better understand clients who have different cultural backgrounds, including, without limitation, clients who are:
(a) From various racial and ethnic backgrounds;
(b) From various religious backgrounds;
(c) Persons with various sexual orientations and gender identities or expressions;
(d) Children and senior citizens;
(e) Persons with a mental or physical disability; and
(f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board.
Ê The Board shall set forth by regulation the frequency with which an agency to provide personal care services in the home is required to provide such training relating to cultural competency.
2. Except as otherwise provided in subsection 3, the requirements of subsection 1 apply to any agent or employee of an agency to provide personal care services in the home who:
(a) Provides personal care services or administrative or support services and has direct client contact at least once each week on average as a part of his or her regular job duties; or
(b) Oversees an agent or employee described in paragraph (a).
3. An agency to provide personal care services in the home is not required to provide training relating specifically to cultural competency to an agent or employee who is described in subsection 2 and who has successfully completed a course or program in cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable.
4. Except as otherwise provided in subsection 6, the training relating specifically to cultural competency conducted by an agency to provide personal care services in the home pursuant to subsection 1 must be provided through a course or program that is approved by the Nevada Health Authority.
5. The Office of Minority Health and Equity of the Department of Human Services shall ensure that the list established and maintained pursuant to NRS 449.103 is distributed to each agency to provide personal care services in the home which is required to conduct training relating specifically to cultural competency pursuant to subsection 1.
6. An agency to provide personal care services in the home which is required to conduct training specifically relating to cultural competency may apply to the Nevada Health Authority to provide a course or program on cultural competency that is not approved by the Authority pursuant to subsection 4. Any such request must be approved or denied by the Authority not later than 10 business days after the receipt of the application.
7. As used in this section direct client contact means direct contact with a client of an agency to provide personal care services in the home which is in person or using telephone, electronic mail or other electronic means, except that the term does not include incidental contact.
Nev. Rev. Stat. § 449B.290 Regulations to ensure clients are identified in accordance with their gender identity or expression.
The Board shall adopt regulations that require an agency to provide personal care services in the home to:
1. Develop policies to ensure that a client is addressed by his or her preferred name and pronoun and in accordance with his or her gender identity or expression; and
2. Adapt electronic records to reflect the gender identities or expressions of clients with diverse gender identities or expressions, including, without limitation, adapting electronic records to include:
(a) The preferred name and pronoun and gender identity or expression of a client; and
(b) Any other information prescribed by regulation of the Board.
Nev. Rev. Stat. § 449B.300 Investigation of applicant for license.
1. Each applicant for a license to operate an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall submit to the Central Repository for Nevada Records of Criminal History one complete set of fingerprints for submission to the Federal Bureau of Investigation for its report.
2. The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449B.440 and immediately inform the administrator of the agency and the Division of whether the applicant has been convicted of such a crime.
Nev. Rev. Stat. § 449B.310 Initial and periodic investigations of employee, employee of temporary employment service or independent contractor; penalty.
1. Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall:
(a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in NRS 449B.440 ;
(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);
(c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;
(d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in NRS 449B.440 ; and
(f) If an Internet website has been established pursuant to NRS 439.942 :
(1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division.
(2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.
2. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449B.440 .
3. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:
(a) The employee, employee of the temporary employment service or independent contractor agrees to allow the administrator of, or the person licensed to operate, an agency to provide personal care services in the home to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in NRS 449B.440 ;
(b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449B.440 .
4. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at the agency:
(a) Except as otherwise provided in subsection 2, is completed as soon as practicable; and
(b) At least once every 5 years after the date of the initial investigation.
5. The administrator of, or the person licensed to operate, an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall, when required:
(a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;
(b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.
6. Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in NRS 449B.440 and immediately inform the Division and the administrator of, or the person licensed to operate, the agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home at which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.
7. The Central Repository for Nevada Records of Criminal History may impose a fee upon an agency that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the agency requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The agency may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. An agency shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services at the agency based upon the results of an investigation conducted pursuant to this section.
8. Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in NRS 449B.440 , is guilty of a misdemeanor.
Nev. Rev. Stat. § 449B.320 Temporary employment service prohibited from sending ineligible employee; temporary employment service to provide certain information regarding its employees.
1. A temporary employment service shall not send an employee to provide services to an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home if the temporary employment service has received notice from such an agency that the employee of the temporary employment service is ineligible to provide such services.
2. An agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home that enters into an agreement with a temporary employment service to provide services for the agency on a temporary basis must require the temporary employment service to:
(a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the agency has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to NRS 449B.310 ; and
(b) Notify the agency if the investigation conducted of an employee of the temporary employment service pursuant to NRS 449B.310 has not been conducted within the immediately preceding 5 years.
Nev. Rev. Stat. § 449B.330 Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor.
1. Each agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall maintain records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to NRS 449B.310 , including, without limitation:
(a) A copy of the fingerprints that were submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;
(b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and
(c) Any other documentation of the information collected pursuant to NRS 449B.310 .
2. The records maintained pursuant to subsection 1 must be:
(a) Maintained for the period of the employment of the person with the agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home, as applicable; and
(b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.
3. If an Internet website has been established pursuant to NRS 439.942 , an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.
4. The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to NRS 449B.300 and 449B.310 to notify an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to NRS 449B.300 and 449B.310 .
Nev. Rev. Stat. § 449B.340 Termination of employment or contract of employee, employee of temporary employment service or independent contractor convicted of certain crimes; period to correct information regarding conviction; liability of agency.
1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449B.310 , or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449B.440 , the administrator of, or the person licensed to operate, the agency shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the agency after allowing the person time to correct the information as required pursuant to subsection 2.
2. If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the agency to provide personal care services in the home, employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home or temporary employment service. The agency or temporary employment service that is so informed shall give the employee, employee of the temporary employment service or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.
3. An agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home that has complied with NRS 449B.310 may not be held civilly or criminally liable based solely upon the ground that the agency allowed an employee, employee of a temporary employment service or independent contractor to work:
(a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository, except that an employee, employee of the temporary employment service or independent contractor shall not have contact with a child without supervision before such information is received;
(b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information, except that an employee, employee of the temporary employment service or independent contractor shall not have contact with a child without supervision during such period;
(c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or
(d) Any combination thereof.
Ê An agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home may be held liable for any other conduct determined to be negligent or unlawful.
Nev. Rev. Stat. § 449B.350 Entry and inspection of building and premises by Division.
Any authorized member or employee of the Division may enter and inspect any building or premises at any time to secure compliance with or prevent a violation of any provision of NRS 449B.010 to 449B.495, inclusive.
Nev. Rev. Stat. § 449B.360 Inspection by Health Care Purchasing and Compliance Division and Aging and Disability Services Division.
Every agency to provide personal care services in the home may be inspected at any time, with or without notice, as often as is necessary by:
1. The Health Care Purchasing and Compliance Division of the Nevada Health Authority to ensure compliance with all applicable regulations and standards; and
2. Any person designated by the Aging and Disability Services Division of the Department of Human Services to investigate complaints made against the agency to provide personal care services in the home.
Nev. Rev. Stat. § 449B.370 Report of results of inspections by Division.
The Division shall prepare a report of the results of its inspections of agencies to provide personal care services in the home regarding compliance with applicable regulations and standards. The report must be provided to the agency to provide personal care services in the home and include, without limitation, a recommendation of the Division for correcting any deficiencies and, if a deficiency is discovered as a result of an investigation by a county, district or city board of health or health officer, the recommendations of the board or health officer.
Nev. Rev. Stat. § 449B.400 Grounds for denial, suspension or revocation of license; log of complaints; written report of complaints and disciplinary actions.
1. The Division may deny an application for a license or may suspend or revoke any license to operate an agency to provide personal care services in the home issued under the provisions of NRS 449B.010 to 449B.495 , inclusive, upon any of the following grounds:
(a) Violation by the applicant or the licensee of any of the provisions of NRS 449A.100 to 449A.124 , inclusive, or NRS 449B.010 to 449B.495 , inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
(b) Aiding, abetting or permitting the commission of any illegal act.
(c) Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the maintenance and operation of the agency for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the clients or employees of the agency to provide personal care services in the home.
2. In addition to the provisions of subsection 1, the Division may revoke a license to operate an agency to provide personal care services in the home if, with respect to that agency, the licensee that operates the agency, or an agent or employee of the licensee:
(a) Is convicted of violating any of the provisions of NRS 202.470 ;
(b) Is ordered to but fails to abate a nuisance pursuant to NRS 244.360 , 244.3603 or 268.4124 ; or
(c) Is ordered by the appropriate governmental agency to correct a violation of a building, safety or health code or regulation but fails to correct the violation.
3. The Division shall maintain a log of any complaints that it receives relating to activities for which the Division may revoke the license to operate an agency to provide personal care services in the home pursuant to subsection 2.
4. On or before February 1 of each odd-numbered year, the Division shall submit to the Director of the Legislative Counsel Bureau a written report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Division pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Division pursuant to subsection 2.
Nev. Rev. Stat. § 449B.410 Administrative sanctions: Imposition by Division; consequences of failure to pay; disposition of money collected.
1. In addition to the payment of the amount required by NRS 449B.150 , if an agency to provide personal care services in the home violates any provision related to its licensure, including any provision of NRS 449B.010 to 449B.495 , inclusive, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449B.415 , may:
(a) Prohibit the agency to provide personal care services in the home from providing services to a client until it determines that the agency has corrected the violation;
(b) Except where a greater penalty is authorized by subsection 2, impose an administrative penalty of not more than $5,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(c) Appoint temporary management to oversee the operation of the agency to provide personal care services in the home and to ensure the health and safety of the clients of the agency, until:
(1) It determines that the agency has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the agency to provide personal care services in the home fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:
(a) Suspend the license of the agency until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The Division may require any agency to provide personal care services in the home that violates any provision of NRS 449B.010 to 449B.495 , inclusive, or any condition, standard or regulation adopted by the Board to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to paragraph (b) of subsection 1 must be accounted for separately and used to administer and carry out the provisions of chapter 449A of NRS and NRS 449B.010 to 449B.495 , inclusive, to protect the health, safety, well-being and property of the clients in accordance with applicable state and federal standards or for any other purpose authorized by the Legislature.
Nev. Rev. Stat. § 449B.415 Administrative sanctions: Regulations of Board.
The Board shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by NRS 449B.410. These regulations must:
1. Prescribe the circumstances and manner in which each sanction applies;
2. Minimize the time between identification of a violation and the imposition of a sanction;
3. Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations;
4. Provide for less severe sanctions for lesser violations of applicable state statutes, conditions, standards or regulations; and
5. Establish an administrative penalty to be imposed if a violation of NRS 449B.010 to 449B.495 , inclusive, causes harm or the risk of harm to more than one person.
Nev. Rev. Stat. § 449B.420 Denial, suspension or revocation of license or imposition of sanction: Notice; appeal; regulations.
1. When the Division intends to deny, suspend or revoke a license, or impose any sanction prescribed by NRS 449B.410 , it shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Division finds that the public health requires immediate action. In that case, it may order a summary suspension of a license pursuant to this section and NRS 233B.127 or impose any sanction prescribed by NRS 449B.410 , pending proceedings for revocation or other action.
2. If a person wants to contest the action of the Division, the person must file an appeal pursuant to regulations adopted by the Board.
3. Upon receiving notice of an appeal, the Division shall hold a hearing pursuant to regulations adopted by the Board.
4. The Board shall adopt such regulations as are necessary to carry out the provisions of this section.
Nev. Rev. Stat. § 449B.430 Authority of Division to take control of records; confidentiality; regulations.
1. If the Division suspends the license of an agency to provide personal care services in the home pursuant to the provisions of this chapter, or if such an agency otherwise ceases to operate, including, without limitation, pursuant to an action or order of a health authority pursuant to chapter 441A of NRS, the Division may, if deemed necessary by the Administrator of the Division, take control of and ensure the safety of the records of the agency.
2. Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, the Division shall:
(a) Maintain the confidentiality of the records obtained pursuant to subsection 1.
(b) Share records obtained pursuant to subsection 1 with law enforcement agencies in this State and other governmental entities which have authority to license the agency to provide personal care services in the home or to license the owners or employees of the agency.
(c) Release a record obtained pursuant to subsection 1 to the client or legal guardian of the client who is the subject of the record.
3. The Board shall adopt regulations to carry out the provisions of this section, including, without limitation, regulations for contracting with a person to maintain any records under the control of the Division pursuant to subsection 1 and for payment by the agency to provide personal care services in the home of the cost of maintaining medical records.
Nev. Rev. Stat. § 449B.440 Additional grounds for denial, suspension or revocation of license.
1. In addition to the grounds listed in NRS 449B.400 , the Division or the Board, as applicable, may deny a license to operate an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home to an applicant or may suspend or revoke the license of a licensee to operate such an agency if:
(a) The applicant or licensee has been convicted of:
(1) Murder, voluntary manslaughter or mayhem;
(2) Assault or battery with intent to kill or to commit sexual assault or mayhem;
(3) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;
(4) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, within the immediately preceding 7 years;
(5) A crime involving domestic violence that is punished as a felony;
(6) A crime involving domestic violence that is punished as a misdemeanor, within the immediately preceding 7 years;
(7) Abuse or neglect of a child or contributory delinquency;
(8) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the immediately preceding 7 years;
(9) Abuse, neglect, exploitation, isolation or abandonment of older persons or vulnerable persons, including, without limitation, a violation of any provision of NRS 200.5091 to 200.50995 , inclusive, or a law of any other jurisdiction that prohibits the same or similar conduct;
(10) A violation of any provision of law relating to Medicaid or a law of any other jurisdiction that prohibits the same or similar conduct, within the immediately preceding 7 years;
(11) A violation of any provision of NRS 422.450 to 422.590 , inclusive;
(12) A criminal offense under the laws governing Medicaid or Medicare, within the immediately preceding 7 years;
(13) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years;
(14) Any other felony involving the use or threatened use of force or violence against the victim or the use of a firearm or other deadly weapon; or
(15) An attempt or conspiracy to commit any of the offenses listed in this paragraph, within the immediately preceding 7 years; or
(b) The licensee has, in violation of NRS 449B.340 , continued to employ a person who has been convicted of a crime listed in paragraph (a).
2. In addition to the grounds listed in NRS 449B.400 , the Division or the Board, as applicable, may suspend or revoke the license of a licensee to operate an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home if the licensee has, in violation of NRS 449B.340 , continued to employ a person who has been convicted of a crime listed in paragraph (a) of subsection 1.
3. As used in this section:
(a) Domestic violence means an act described in NRS 33.018 .
(b) Medicaid has the meaning ascribed to it in NRS 439B.120 .
(c) Medicare has the meaning ascribed to it in NRS 439B.130 .
Nev. Rev. Stat. § 449B.450 Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of license, the Division shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Division shall reinstate a license issued pursuant to NRS 449B.010 to 449B.495 , inclusive, that has been suspended by a district attorney pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
Nev. Rev. Stat. § 449B.460 Duty upon discharge of patient from hospital to ensure dietary needs are met.
If a patient is released by a hospital to his or her residence to receive care from an agency to provide personal care services in the home, the agency to provide personal care services in the home shall consult with a dietitian, as appropriate, to ensure that the patient or the person with primary responsibility for the care of the patient understands the dietary needs of the patient.
Nev. Rev. Stat. § 449B.465 Authority to provide certain services to elderly persons and persons with disabilities.
An agency to provide personal care services in the home that is licensed pursuant to this chapter may, through its employees or by contractual arrangement with other persons, provide:
1. To persons with disabilities, any medical services authorized pursuant to NRS 629.091 ; and
2. Nonmedical services related to personal care to elderly persons or persons with disabilities to assist those persons with activities of daily living.
Nev. Rev. Stat. § 449B.470 Certain employees not liable for civil damages resulting from rendering emergency care or assistance.
Any person who is employed by an agency to provide personal care services in the home who:
1. Has successfully completed a course in cardiopulmonary resuscitation according to the guidelines of the American National Red Cross or American Heart Association;
2. Has successfully completed the training requirements of a course in basic emergency care of a person in cardiac arrest conducted in accordance with the standards of the American Heart Association; or
3. Has successfully completed the training requirements of a course in the use and administration of first aid, including cardiopulmonary resuscitation,
Ê and who in good faith renders emergency care or assistance in accordance with the persons training, in the course of his or her regular employment or profession, to an elderly person or a person with a disability, is not liable for any civil damages as a result of any act or omission, not amounting to gross negligence, by that person in rendering that care.
Nev. Rev. Stat. § 449B.475 Misleading name or other designation prohibited.
The name, sign, listing or other designation of an agency to provide personal care services in the home must not contain any terms misleading to the public with regard to the services offered.
Nev. Rev. Stat. § 449B.480 Prohibition against making certain referrals to residential facilities for groups; civil penalties; system to track violations.
1. An agency to provide personal care services in the home or an employee of such an agency shall not:
(a) Refer a person to a residential facility for groups that is not licensed by the Division; or
(b) Refer a person to a residential facility for groups if the agency to provide personal care services in the home or its employee knows or reasonably should know that the residential facility for groups, or the services provided by the residential facility for groups, are not appropriate for the condition of the person being referred.
2. If an agency to provide personal care services in the home or an employee of such an agency violates the provisions of subsection 1, the agency to provide personal care services in the home is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 or more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residents of residential facilities for groups.
3. The Board shall:
(a) Establish and maintain a system to track violations of this section. Except as otherwise provided in this paragraph, records created by or for the system are public records and are available for public inspection. The following information is confidential:
(1) Any personally identifying information relating to a person who is referred to a residential facility for groups.
(2) Information which may not be disclosed under federal law.
(b) Educate the public regarding the requirements and prohibitions set forth in this section and NRS 449.0305 .
4. As used in this section, residential facility for groups has the meaning ascribed to it in NRS 449.017 .
Nev. Rev. Stat. § 449B.485 Penalty for unlicensed operation; cease and desist order; authority of Division to bring action; use of money collected.
1. In addition to the payment of the amount required by NRS 449B.150 and any civil penalty imposed pursuant to subsection 4, a person who operates an agency to provide personal care services in the home without a license issued by the Division is guilty of a misdemeanor.
2. If the Division believes that a person is operating an agency to provide personal care services in the home without such a license, the Division may issue an order to cease and desist the operation of the agency. The order must be served upon the person by personal delivery or by certified or registered mail, return receipt requested. The order is effective upon service.
3. If a person does not voluntarily cease operating an agency to provide personal care services in the home without a license or apply for licensure within 30 days after the date of service of the order pursuant to subsection 2, the Division may bring an action in a court of competent jurisdiction pursuant to NRS 449B.490 .
4. Upon a showing by the Division that a person is operating an agency to provide personal care services in the home without a license, a court of competent jurisdiction may:
(a) Enjoin the person from operating the agency.
(b) Impose a civil penalty on the operator to be recovered by the Division of not more than $10,000 for the first offense or not less than $10,000 or more than $25,000 for a second or subsequent offense.
5. Unless otherwise required by federal law, the Division shall deposit all civil penalties collected pursuant to paragraph (b) of subsection 4 into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449B.010 to 449B.495 , inclusive, and to protect the health, safety, well-being and property of the clients in accordance with applicable state and federal standards.
Nev. Rev. Stat. § 449B.490 Action to enjoin violation.
1. The Division may bring an action in the name of the State to enjoin any person, state or local government unit or agency thereof from operating or maintaining any agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home within the meaning of NRS 449B.010 to 449B.495 , inclusive:
(a) Without first obtaining a license therefor; or
(b) After his or her license has been revoked or suspended by the Division.
2. It is sufficient in such action to allege that the defendant did, on a certain date and in a certain place, operate and maintain such an agency without a license.
Nev. Rev. Stat. § 449B.495 Institution and conduct of prosecutions.
The district attorney of the county in which an agency to provide personal care services in the home or employment agency that contracts with persons to provide nonmedical services related to personal care to elderly persons or persons with disabilities in the home is located shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provisions of NRS 449B.010 to 449B.495, inclusive.
Nev. Rev. Stat. § 449B.500 Intermediary service organization defined.
As used in NRS 449B.500 to 449B.795, inclusive, unless the context otherwise requires, intermediary service organization means a nongovernmental entity that provides services authorized pursuant to NRS 449B.510 for a person with a disability or other responsible person.
Nev. Rev. Stat. § 449B.510 Authority to provide services.
1. An intermediary service organization that is certified pursuant to NRS 449B.500 to 449B.795 , inclusive, may provide services for a person with a disability or other responsible person relating to personal assistance received by the person with a disability. The services that may be provided by an intermediary service organization include, without limitation:
(a) Obtaining a criminal background check of a personal assistant selected by the person with a disability or other responsible person to provide nonmedical services and any medical services authorized pursuant to NRS 629.091 ;
(b) Providing payroll services to pay the personal assistant and determine any tax liability;
(c) Providing services relating to financial management; and
(d) Providing any other services relating to the employment of a personal assistant and any other financial assistance relating to the personal assistance for the person with a disability.
2. As used in this section:
(a) Other responsible person means:
(1) A parent or guardian of, or any other person legally responsible for, a person with a disability who is under the age of 18 years; or
(2) A parent, spouse, guardian or adult child of a person with a disability who suffers from a cognitive impairment.
(b) Personal assistance means the provision of any goods or services to help a person with a disability maintain his or her independence, personal hygiene and safety, including, without limitation, the provision of services by a personal assistant.
(c) Personal assistant means a person who, for compensation and under the direction of a person with a disability or other responsible person, performs services for a person with a disability to help the person maintain his or her independence, personal hygiene and safety.
Nev. Rev. Stat. § 449B.520 Board to adopt regulations authorizing employee to perform certain tasks.
1. The Board shall adopt regulations authorizing an employee of an intermediary service organization, with the consent of the person receiving services, to:
(a) Check, record and report the temperature, blood pressure, apical or radial pulse, respiration or oxygen saturation of a person receiving services from the organization;
(b) Using an auto-injection device approved by the Food and Drug Administration for use in the home, administer to a person receiving services from the organization insulin furnished by a registered pharmacist as directed by a physician or assist such a person with the self-administration of such insulin; and
(c) Using a device for monitoring blood glucose approved by the Food and Drug Administration for use in the home, perform a blood glucose test on a person receiving services from the organization or assist such a person to perform a blood glucose test on himself or herself.
2. The regulations adopted pursuant to this section:
(a) Must require the tasks described in subsection 1 to be performed in conformance with the Clinical Laboratory Improvement Amendments of 1988, Public Law No. 100-578, 42 U.S.C. § 263a, if applicable, and any other applicable federal law or regulation;
(b) Must prohibit the use of a device for monitoring blood glucose on more than one person; and
(c) May require a person to receive training before performing any task described in subsection 1.
Nev. Rev. Stat. § 449B.530 Certificate required; exception; penalty.
1. Except as otherwise provided in subsection 2, a person shall not operate or maintain in this State an intermediary service organization without first obtaining a certificate to operate an intermediary service organization as provided in NRS 449B.500 to 449B.795 , inclusive.
2. A person who is licensed to operate an agency to provide personal care services in the home pursuant to this chapter is not required to obtain a certificate to operate an intermediary service organization as described in this section.
3. A person who violates the provisions of this section is guilty of a misdemeanor.
Nev. Rev. Stat. § 449B.540 Application for certificate: Contents.
Any person wishing to obtain a certificate to operate an intermediary service organization pursuant to the provisions of NRS 449B.500 to 449B.795, inclusive, must file with the Division an application, on a form prescribed, prepared and furnished by the Division, containing:
1. The name of the applicant and, if a person, whether the applicant has attained the age of 21 years.
2. The location of the intermediary service organization.
3. The name of the person in charge of the intermediary service organization.
4. Such other information as may be required by the Division for the proper administration and enforcement of NRS 449B.500 to 449B.795 , inclusive.
5. Evidence satisfactory to the Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the intermediary service organization for which the application is made.
6. Evidence satisfactory to the Division of the ability of the applicant to comply with the provisions of NRS 449B.500 to 449B.795 , inclusive, and the standards and regulations adopted by the Board.
Nev. Rev. Stat. § 449B.550 Application for certificate: Social Security number required. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
An application for the issuance of a certificate to operate an intermediary service organization pursuant to NRS 449B.540 must include the social security number of the applicant.
Nev. Rev. Stat. § 449B.555 Application for certificate: Statement regarding obligation of child support; grounds for denial; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or renewal of a certificate to operate an intermediary service organization must submit to the Division the statement prescribed by the Division of Social Services of the Department of Human Services pursuant to NRS 425.520 . The statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate to operate an intermediary service organization may not be issued or renewed by the Division if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
Nev. Rev. Stat. § 449B.560 Application for certificate: Fee.
Each application for a certificate to operate an intermediary service organization must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a certificate in installments and may fix the amount of each payment and the date on which the payment is due.
Nev. Rev. Stat. § 449B.570 Surety bond for initial and renewal of certificate; release of bond; notice.
1. Except as otherwise provided in subsection 6 and NRS 449B.575 , each intermediary service organization shall, when applying for a certificate or renewing a certificate, file with the Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority a surety bond:
(a) If the intermediary service organization employs less than 7 employees, in the amount of $5,000;
(b) If the intermediary service organization employs at least 7 but not more than 25 employees, in the amount of $25,000; or
(c) If the intermediary service organization employs more than 25 employees, in the amount of $50,000.
2. A bond filed pursuant to this section must be executed by the intermediary service organization as principal and by a surety company as surety. The bond must be payable to the Aging and Disability Services Division of the Department of Human Services and must be conditioned to provide indemnification to an older patient whom the Attorney for the Rights of Older Persons and Persons with a Physical Disability, an Intellectual Disability or a Developmental Disability determines has suffered property damage as a result of any act or failure to act by the intermediary service organization to protect the property of the older patient.
3. Except when a surety is released, the surety bond must cover the period of the initial certificate to operate or the period of the renewal, as appropriate.
4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days written notice to the Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the intermediary service organization to protect the property of the older patient alleged to have occurred while the bond was in effect.
5. A certificate is suspended by operation of law when the intermediary service organization is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449B.575 . The Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority shall give the intermediary service organization at least 20 days written notice before the release of the surety or the substitute for the surety, to the effect that the certificate will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.
6. The requirement of filing a surety bond set forth in this section does not apply to an intermediary service organization that is operated and maintained by the State of Nevada or an agency thereof.
7. As used in this section, older patient means a patient who is 60 years of age or older.
Nev. Rev. Stat. § 449B.575 Substitute for surety bond.
1. As a substitute for the surety bond required pursuant to NRS 449B.570 , an intermediary service organization may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority:
(a) An obligation of a bank, savings and loan association, savings bank, thrift company or credit union licensed to do business in this State;
(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or
(c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.
2. The obligations of a bank, savings and loan association, savings bank, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449B.570 . With the approval of the Administrator of the Health Care Purchasing and Compliance Division of the Nevada Health Authority, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging and Disability Services Division of the Department of Human Services and are negotiable only upon approval by the Administrator of the Aging and Disability Services Division.
3. Any interest or dividends earned on the deposit accrue to the account of the depositor.
4. The deposit must be an amount at least equal to the surety bond required by NRS 449B.570 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging and Disability Services Division.
Nev. Rev. Stat. § 449B.580 Prohibition on denial of application based on immigration status; alternative personally identifying number; confidentiality.
1. The Division shall not deny the application of a person for a certificate to operate an intermediary service organization pursuant to NRS 449B.540 based solely on his or her immigration status.
2. Notwithstanding the provisions of NRS 449B.550 , an applicant for a certificate to operate an intermediary service organization who does not have a social security number must provide an alternative personally identifying number, including, without limitation, his or her individual taxpayer identification number, when completing an application for a certificate to operate an intermediary service organization.
3. The Division shall not disclose to any person who is not employed by the Division the social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, of an applicant for a license for any purpose except:
(a) Tax purposes;
(b) Licensing purposes; and
(c) Enforcement of an order for the payment of child support.
4. A social security number or alternative personally identifying number, including, without limitation, an individual taxpayer identification number, provided to the Division is confidential and is not a public record for the purposes of chapter 239 of NRS.
Nev. Rev. Stat. § 449B.590 Petition to determine if criminal history will disqualify person; fees; posting of requirements and list of disqualifying crimes on Internet; report.
1. The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the persons criminal history will disqualify the person from obtaining a certificate to operate an intermediary service organization pursuant to NRS 449B.530 .
2. Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the persons criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.
3. The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.
5. A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.
6. The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Division may post on its Internet website:
(a) The requirements to obtain a certificate from the Division; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.
8. The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.
10. The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the Division pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Division pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or which the Division determines would be helpful.
11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
Nev. Rev. Stat. § 449B.600 Issuance of certificate; nontransferability.
1. The Division shall issue the certificate to operate an intermediary service organization to the applicant if, after investigation, the Division finds that the applicant is in:
(a) Full compliance with the provisions of NRS 449B.500 to 449B.795 , inclusive; and
(b) Substantial compliance with the standards and regulations adopted by the Board.
2. A certificate applies only to the person to whom it is issued and is not transferable.
Nev. Rev. Stat. § 449B.610 Form and contents of certificate.
Each certificate to operate an intermediary service organization issued by the Division pursuant to NRS 449B.500 to 449B.795, inclusive, must be in the form prescribed by the Division and must contain:
1. The name of the person or persons authorized to operate the intermediary service organization;
2. The location of the intermediary service organization; and
3. The services offered by the intermediary service organization.
Nev. Rev. Stat. § 449B.620 Expiration and renewal of certificate.
1. Each certificate to operate an intermediary service organization issued pursuant to NRS 449B.500 to 449B.795 , inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449B.560 unless the Division finds, after an investigation, that the intermediary service organization has not satisfactorily complied with the provisions of NRS 449B.500 to 449B.795 , inclusive, or the standards and regulations adopted by the Board.
2. Each reapplication for an intermediary service organization must include, without limitation, a statement that the organization is in compliance with the provisions of NRS 449B.700 to 449B.750 , inclusive.
Nev. Rev. Stat. § 449B.630 Application for renewal: Indication of state business license; grounds for denial.
1. In addition to any other requirements set forth in NRS 449B.500 to 449B.795 , inclusive, an applicant for the renewal of a certificate as an intermediary service organization must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A certificate as an intermediary service organization may not be renewed by the Division if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130 ; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) Agency has the meaning ascribed to it in NRS 353C.020 .
(b) Debt has the meaning ascribed to it in NRS 353C.040 .
Nev. Rev. Stat. § 449B.640 Grounds for denial, suspension or revocation of certificate.
The Division may deny an application for a certificate to operate an intermediary service organization or may suspend or revoke any certificate issued under the provisions of NRS 449B.500 to 449B.795, inclusive, upon any of the following grounds:
1. Violation by the applicant or the holder of a certificate of any of the provisions of NRS 449B.500 to 449B.795 , inclusive, or of any other law of this State or of the standards, rules and regulations adopted thereunder.
2. Aiding, abetting or permitting the commission of any illegal act.
3. Conduct inimical to the public health, morals, welfare and safety of the people of the State of Nevada in the operation of an intermediary service organization.
4. Conduct or practice detrimental to the health or safety of a person under contract with or employees of the intermediary service organization.
Nev. Rev. Stat. § 449B.650 Suspension of certificate for failure to pay child support or comply with subpoenas or warrants; reinstatement of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate to operate an intermediary service organization, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Division shall reinstate a certificate to operate an intermediary service organization that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
Nev. Rev. Stat. § 449B.660 Provisional certificate.
1. The Division may cancel a certificate to operate an intermediary service organization and issue a provisional certificate, effective for a period determined by the Division, to the intermediary service organization if the intermediary service organization:
(a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of NRS 449B.500 to 449B.795 , inclusive, and the Division determines that the intermediary service organization requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or
(b) Has failed to comply with the standards or regulations and the Division determines that the intermediary service organization is in the process of making the necessary changes or has agreed to make the changes within a reasonable time.
2. The provisions of subsection 1 do not require the issuance of a certificate or prevent the Division from refusing to renew or from revoking or suspending any certificate if the Division deems such action necessary for the health and safety of a person for whom the intermediary service organization provides services.
Nev. Rev. Stat. § 449B.670 Deposit of money received; expenses of Division to enforce provisions.
1. Money received from the certification of intermediary service organizations:
(a) Must be forwarded to the State Treasurer for deposit in the State Treasury;
(b) Must be accounted for separately in the State General Fund; and
(c) May only be used to carry out the provisions of NRS 449B.500 to 449B.795 , inclusive.
2. The Division shall enforce the provisions of NRS 449B.500 to 449B.795 , inclusive, and may incur any necessary expenses not in excess of money appropriated for that purpose by the State or received from the Federal Government.
Nev. Rev. Stat. § 449B.680 Regulations; powers of Division.
1. The Board shall adopt regulations governing the certification of intermediary service organizations and such other regulations as it deems necessary to carry out the provisions of NRS 449B.500 to 449B.795 , inclusive.
2. The Division may:
(a) Upon receipt of an application for a certificate to operate an intermediary service organization, conduct an investigation into the qualifications of personnel, methods of operation and policies and purposes of any person proposing to engage in the operation of an intermediary service organization.
(b) Upon receipt of a complaint against an intermediary service organization, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of personnel, methods of operation and policies, procedures and records of that intermediary service organization or any other intermediary service organization which may have information pertinent to the complaint.
(c) Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 449B.500 to 449B.795 , inclusive.
Nev. Rev. Stat. § 449B.700 Investigation of applicant.
1. Each applicant for a certificate to operate an intermediary service organization shall submit to the Central Repository for Nevada Records of Criminal History one complete set of fingerprints for submission to the Federal Bureau of Investigation for its report.
2. The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in subsection 1 of NRS 449B.750 and immediately inform the administrator of the facility, hospital, agency, program or home, if any, and the Division of whether the applicant has been convicted of such a crime.
Nev. Rev. Stat. § 449B.710 Initial and periodic investigations of employee, employee of temporary employment service or independent contractor; penalty.
1. Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the holder of a certificate to operate an intermediary service organization shall:
(a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in subsection 1 of NRS 449B.750 ;
(b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a);
(c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate;
(d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report;
(e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in subsection 1 of NRS 449B.750 ; and
(f) If an Internet website has been established pursuant to NRS 439.942 :
(1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division.
(2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor.
2. The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1 from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of NRS 449B.750 .
3. The holder of a certificate to operate an intermediary service organization is not required to obtain the information described in subsection 1, other than the information described in paragraph (c) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if:
(a) The employee, employee of the temporary employment service or independent contractor agrees to allow the holder of a certificate to operate an intermediary service organization to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in subsection 1 of NRS 449B.750 ;
(b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in subsection 1 of NRS 449B.750 .
4. The holder of a certificate to operate an intermediary service organization shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at or for the intermediary service organization is completed as soon as practicable and at least once every 5 years after the date of the initial investigation. The holder of the certificate shall, when required:
(a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor;
(b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and
(c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History.
5. Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in subsection 1 of NRS 449B.750 and immediately inform the Division and the holder of the certificate to operate an intermediary service organization for which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime.
6. The Central Repository for Nevada Records of Criminal History may impose a fee upon an intermediary service organization that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The intermediary service organization may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the intermediary service organization requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The intermediary service organization may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. An intermediary service organization shall notify a temporary employment service if a person employed by the temporary employment service is determined to be ineligible to provide services to the intermediary service organization based upon the results of an investigation conducted pursuant to this section.
7. Unless a greater penalty is provided by law, a person who willfully provides a false statement or information in connection with an investigation of the background and personal history of the person pursuant to this section that would disqualify the person from employment, including, without limitation, a conviction of a crime listed in subsection 1 of NRS 449B.750 , is guilty of a misdemeanor.
Nev. Rev. Stat. § 449B.720 Temporary employment service prohibited from sending ineligible employee to organization; temporary employment service to provide certain information regarding its employees.
1. A temporary employment service shall not send an employee to provide services to an intermediary service organization if the temporary employment service has received notice from a holder of a certificate to operate an intermediary service organization that the employee of the temporary employment service is ineligible to provide such services.
2. A holder of a certificate to operate an intermediary service organization who enters into an agreement with a temporary employment service to provide services to the intermediary service organization on a temporary basis must require the temporary employment service to:
(a) Provide proof that each employee of the temporary employment service whom it may send to provide services to the intermediary service organization has been continuously employed by the temporary employment service since the last investigation conducted of the employee pursuant to NRS 449B.710 ; and
(b) Notify the intermediary service organization if the investigation conducted of an employee of the temporary employment service pursuant to NRS 449B.710 has not been conducted within the immediately preceding 5 years.
Nev. Rev. Stat. § 449B.730 Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of organization.
1. Each intermediary service organization shall maintain accurate records of the information concerning its employees, employees of a temporary employment service and independent contractors collected pursuant to NRS 449B.710 , including, without limitation:
(a) A copy of the fingerprints submitted to the Central Repository for Nevada Records of Criminal History or proof of electronic fingerprint submission and a copy of the written authorization that was provided by the employee, employee of the temporary employment service or independent contractor;
(b) Proof that the fingerprints of the employee, employee of the temporary employment service or independent contractor were submitted to the Central Repository; and
(c) Any other documentation of the information collected pursuant to NRS 449B.710 .
2. The records maintained pursuant to subsection 1 must be:
(a) Maintained for the period of the employment of the person with the intermediary service organization; and
(b) Made available for inspection by the Division at any reasonable time, and copies thereof must be furnished to the Division upon request.
3. If an Internet website has been established pursuant to NRS 439.942 , an intermediary service organization shall maintain a current list of its employees, employees of a temporary employment service and independent contractors on the Internet website.
4. The Central Repository for Nevada Records of Criminal History may maintain an electronic image of fingerprints submitted pursuant to NRS 449B.700 and 449B.710 to notify an intermediary service organization and the Division of any subsequent conviction of a person who is required to submit to an investigation pursuant to NRS 449B.700 and 449B.710 .
Nev. Rev. Stat. § 449B.740 Termination of employment or contract of employee, employee of temporary employment service or independent contractor convicted of certain crimes; period to correct information regarding conviction; liability.
1. Upon receiving information from the Central Repository for Nevada Records of Criminal History pursuant to NRS 449B.710 , or evidence from any other source, that an employee, employee of a temporary employment service or independent contractor of an intermediary service organization has been convicted of a crime listed in subsection 1 of NRS 449B.750 , the holder of the certificate to operate the intermediary service organization shall terminate the employment or contract of that person or notify the temporary employment service that its employee is prohibited from providing services for the intermediary service organization after allowing the person time to correct the information as required pursuant to subsection 2.
2. If an employee, employee of a temporary employment service or independent contractor believes that the information provided by the Central Repository is incorrect, the employee, employee of the temporary employment service or independent contractor may immediately inform the intermediary service organization. The intermediary service organization that is so informed shall give the employee, employee of the temporary employment service or independent contractor a reasonable amount of time of not less than 30 days to correct the information received from the Central Repository before terminating the employment or contract of the person pursuant to subsection 1.
3. An intermediary service organization that has complied with NRS 449B.710 may not be held civilly or criminally liable based solely upon the ground that the intermediary service organization allowed an employee, employee of a temporary employment service or independent contractor to work:
(a) Before it received the information concerning the employee, employee of the temporary employment service or independent contractor from the Central Repository, except that an employee, employee of a temporary employment service or independent contractor shall not have contact with a child without supervision before such information is received;
(b) During the period required pursuant to subsection 2 to allow the employee, employee of the temporary employment service or independent contractor to correct that information, except that an employee, employee of a temporary employment service or independent contractor shall not have contact with a child without supervision during such period;
(c) Based on the information received from the Central Repository, if the information received from the Central Repository was inaccurate; or
(d) Any combination thereof.
Ê An intermediary service organization may be held liable for any other conduct determined to be negligent or unlawful.
Nev. Rev. Stat. § 449B.750 Additional grounds for denial, suspension or revocation of certificate.
In addition to the grounds listed in NRS 449B.640, the Division may deny a certificate to operate an intermediary service organization to an applicant or may suspend or revoke a certificate of a holder of a certificate to operate an intermediary service organization if:
1. The applicant for or holder of the certificate has been convicted of:
(a) Murder, voluntary manslaughter or mayhem;
(b) Assault with intent to kill or to commit sexual assault or mayhem;
(c) Sexual assault, statutory sexual seduction, incest, lewdness or indecent exposure, or any other sexually related crime that is punished as a felony;
(d) Prostitution, solicitation, lewdness or indecent exposure, or any other sexually related crime that is punished as a misdemeanor, if the conviction occurred within the immediately preceding 7 years;
(e) Abuse or neglect of a child or contributory delinquency;
(f) A violation of any federal or state law regulating the possession, distribution or use of any controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;
(g) A violation of any provision of NRS 200.5099 or 200.50995 ;
(h) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; or
(i) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years; or
2. The holder of a certificate has continued to employ a person who has been convicted of a crime listed in subsection 1.
Nev. Rev. Stat. § 449B.760 Administrative sanctions: Imposition by Division; consequences of failure to pay; disposition of money collected.
1. If an intermediary service organization violates any provision related to its certification, including, without limitation, any provision of NRS 449B.500 to 449B.795 , inclusive, or any condition, standard or regulation adopted by the Board, the Division, in accordance with the regulations adopted pursuant to NRS 449B.770 , may, as it deems appropriate:
(a) Prohibit the intermediary service organization from providing services pursuant to NRS 449B.510 until it determines that the intermediary service organization has corrected the violation;
(b) Impose an administrative penalty of not more than $1,000 per day for each violation, together with interest thereon at a rate not to exceed 10 percent per annum; and
(c) Appoint temporary management to oversee the operation of the intermediary service organization and to ensure the health and safety of the persons for whom the intermediary service organization performs services, until:
(1) It determines that the intermediary service organization has corrected the violation and has management which is capable of ensuring continued compliance with the applicable statutes, conditions, standards and regulations; or
(2) Improvements are made to correct the violation.
2. If the intermediary service organization fails to pay any administrative penalty imposed pursuant to paragraph (b) of subsection 1, the Division may:
(a) Suspend the certificate to operate an intermediary service organization which is held by the intermediary service organization until the administrative penalty is paid; and
(b) Collect court costs, reasonable attorneys fees and other costs incurred to collect the administrative penalty.
3. The Division may require any intermediary service organization that violates any provision of NRS 449B.500 to 449B.795 , inclusive, or any condition, standard or regulation adopted by the Board, to make any improvements necessary to correct the violation.
4. Any money collected as administrative penalties pursuant to this section must be accounted for separately and used to protect the health or property of the persons for whom the intermediary service organization performs services in accordance with applicable federal standards.
Nev. Rev. Stat. § 449B.770 Administrative sanctions: Regulations.
The Board shall adopt regulations establishing the criteria for the imposition of each sanction prescribed by NRS 449B.760. These regulations must:
1. Prescribe the circumstances and manner in which each sanction applies;
2. Minimize the time between identification of a violation and the imposition of a sanction;
3. Provide for the imposition of incrementally more severe sanctions for repeated or uncorrected violations; and
4. Provide for less severe sanctions for lesser violations of applicable state statutes, conditions, standards or regulations.
Nev. Rev. Stat. § 449B.780 Notice by Division of disciplinary action; exception; appeal.
1. When the Division intends to deny, suspend or revoke a certificate to operate an intermediary service organization, or to impose any sanction prescribed by NRS 449B.760 , the Division shall give reasonable notice to the holder of the certificate by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. Notice is not required if the Division finds that the public health requires immediate action. In that case, the Division may order a summary suspension of a certificate or impose any sanction prescribed by NRS 449B.760 , pending proceedings for revocation or other action.
2. If a person wants to contest the action of the Division, the person must file an appeal pursuant to regulations adopted by the Board.
3. Upon receiving notice of an appeal, the Division shall hold a hearing pursuant to regulations adopted by the Board.
4. The Board shall adopt such regulations as are necessary to carry out the provisions of this section.
Nev. Rev. Stat. § 449B.790 Action to enjoin violations.
1. Except as otherwise provided in subsection 2 of NRS 449B.530 , the Division may bring an action in the name of the State to enjoin any person from operating or maintaining an intermediary service organization within the meaning of NRS 449B.500 to 449B.795 , inclusive:
(a) Without first obtaining a certificate to operate an intermediary service organization; or
(b) After the persons certificate has been revoked or suspended by the Division.
2. It is sufficient in such an action to allege that the defendant did, on a certain date and in a certain place, operate and maintain the intermediary service organization without a certificate.
Nev. Rev. Stat. § 449B.795 Prosecutions by district attorney.
The district attorney of the county in which an intermediary service organization operates shall, upon application by the Division, institute and conduct the prosecution of any action for violation of any provision of NRS 449B.500 to 449B.795, inclusive.
Source: NV Statutes (Official Site)URL: https://www.leg.state.nv.us/nrs/NRS-449B.htmlFetched: 10/4/2026