reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.091 - Admission to and treatment in hospital of person with an alcohol or other substance use disorder.

Persons with alcohol or other substance use disorders must be admitted to public or private general medical hospitals which receive federal or state money for programs for alcohol or other substance use disorders, and must be treated in those hospitals on the basis of their medical need. No general medical hospital that violates this section is eligible to receive further federal or state assistance pursuant to this chapter.
(Added to NRS by 1973, 1398; A 1997, 3077; 1999, 3069)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.094 - Use of certain money to provide programs to persons referred by agencies which provide child welfare services.

The Division shall use any money not needed to carry out the provisions of chapter 678C of NRS to provide programs for alcohol or other substance use disorders to persons referred to the Division by agencies which provide child welfare services as authorized pursuant to NRS 678C.830.
(Added to NRS by 2011, 2854; A 2013, 3064; 2019, 3880)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.097 - Use and allocation of certain money for increase of services.

1. Money received by the Division pursuant to NRS 369.174 must be used to increase services for the prevention of alcohol or other substance use disorders and for the detoxification and rehabilitation of persons with an alcohol or other substance use disorder. In allocating the money for the increase of services, the Division shall give priority to:
(a) The areas where there exists a shortage of services for the treatment of alcohol use disorders. The Division shall determine the areas of shortage on the basis of data available from state and local agencies, data contained in the comprehensive state plan for programs for alcohol or other substance use disorders, and other appropriate data.
(b) The needs of counties to provide:
(1) Civil protective custody, pursuant to NRS 458.270, for persons who are found in public places while under the influence of alcohol; and
(2) Secure detoxification units or other appropriate facilities for persons who are arrested or taken into custody while under the influence of a controlled substance.
(c) Programs for alcohol or other substance use disorders that are primarily directed toward the prevention of such disorders.
2. As used in this section, "secure detoxification unit" has the meaning ascribed to it in NRS 458.175.
(Added to NRS by 1981, 896; A 1997, 781; 2001, 422; 2003, 1455; 2005, 22nd Special Session, 60)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.098 - Tax on Liquor Program Account.

1. The Tax on Liquor Program Account is hereby created in the State General Fund.
2. Money in the Account that is received pursuant to NRS 369.174 must be used for the purposes specified in NRS 458.097 or for any other purpose authorized by the Legislature.
3. All claims must be approved by the Administrator before they are paid.
(Added to NRS by 1999, 21; A 2001, 422; 2020, 31st Special Session, 93)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.100 - State Grant and Gift Account for Alcohol or Other Substance Use Disorders.

1. Except as otherwise provided in NRS 458.102, all gifts or grants of money for a program for alcohol or other substance use disorders which the Division is authorized to accept must be deposited in the State Treasury for credit to the State Grant and Gift Account for Alcohol or Other Substance Use Disorders which is hereby created in the Department of Health and Human Services’ Gift Fund.
2. Subject to the limitations set forth in NRS 458.094, money in the Account must be used to carry out the provisions of this chapter.
3. All claims must be approved by the Administrator before they are paid.
(Added to NRS by 1960, 307; A 1963, 968; 1973, 1400; 1975, 261; 1979, 623; 1981, 79, 896; 1993, 1629; 1997, 3077; 1999, 21, 1876, 3069; 2001, 219, 422; 2005, 22nd Special Session, 61; 2011, 2854; 2023, 2362)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.102 - Acceptance of money for bulk purchase of opioid antagonists.

1. The Division may accept gifts, grants, donations, bequests or money from any other source for the purpose of funding the bulk purchase of opioid antagonists. Any money so received must be accounted for separately in the State General Fund.
2. Money accepted pursuant to subsection 1 or deposited into the account created pursuant to subsection 1 is not subject to the State Budget Act.
3. Interest and income earned on money in the account created pursuant to subsection 1 must be credited to the account. Any money remaining in the account at the end of a fiscal year does not revert to the State General Fund, and the balance in the account must be carried forward to the next fiscal year.
4. The money in the account created pursuant to subsection 1 must be used only to fund the bulk purchase of opioid antagonists and pay the costs of the Division to distribute those opioid antagonists.
5. As used in this section, "opioid antagonist" has the meaning ascribed to it in NRS 453C.040.
(Added to NRS by 2023, 2361)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.103 - Division authorized to accept public money; prioritization for publicly funded services; regulations.

1. The Division may accept:
(a) Money appropriated and made available by any act of Congress for any program for alcohol or other substance use disorder administered by the Division as provided by law.
(b) Money appropriated and made available by the State of Nevada or by a county, a city, a public district or any political subdivision of this State for any program for alcohol or other substance use disorder administered by the Division as provided by law.
2. Except as otherwise provided in any regulations adopted pursuant to subsection 3, a treatment provider, provider of health care or program for alcohol or other substance use disorders shall prioritize persons to receive services for the treatment of alcohol or other substance use disorders funded in whole or in part by federal or state money in accordance with 45 C.F.R. § 96.131(a).
3. To the extent that such regulations do not conflict with federal law or impair an obligation under any existing grant, contract or other agreement, the State Board of Health may adopt regulations prioritizing categories of persons, in addition to the categories prescribed in 45 C.F.R. § 96.131(a), to receive services for the treatment of alcohol or other substance use disorders funded in whole or in part by federal or state money.
4. As used in this section, "provider of health care" has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 1963, 834; A 1973, 1400; 1975, 261; 2001, 422; 2005, 22nd Special Session, 61; 2011, 2854; 2013, 3064; 2023, 2362)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.104 - Temporary advance from State General Fund.

1. If the Administrator determines that current claims exceed the amount of money available to the Division because of a delay in the receipt of money from federal grants, the Administrator may request from the Director of the Office of Finance a temporary advance from the State General Fund for the payment of authorized expenses.
2. The Director of the Office of Finance shall notify the State Controller and the Fiscal Analysis Division of the Legislative Counsel Bureau of the approval of a request made pursuant to subsection 1. The State Controller shall draw his or her warrant upon receipt of the approval by the Director of the Office of Finance.
3. An advance from the State General Fund:
(a) Must be approved by the Director of the Office of Finance for use pursuant to NRS 458.080; and
(b) Is limited to 25 percent of the revenue expected to be received in the current fiscal year from any source other than legislative appropriation.
4. Any money which is temporarily advanced from the State General Fund to the Division pursuant to this section must be repaid by August 31 following the end of the fiscal year during which the money was advanced.
(Added to NRS by 1991, 1174; A 1993, 1629; 2001, 422; 2005, 22nd Special Session, 61)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.105 - Fees for sale of miscellaneous printed material.

The Division may fix and collect reasonable fees for the sale of miscellaneous printed materials pertaining to alcohol or other substance use disorders which are purchased or prepared by the Division. The fees must be deposited in the State Treasury to the credit of the General Fund.
(Added to NRS by 1963, 834; A 1973, 1401; 1975, 261; 2001, 423; 2005, 22nd Special Session, 61)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.110 - Additional powers of Division.

In addition to the activities set forth in NRS 458.025 to 458.115, inclusive, the Division may engage in any activity necessary to effectuate the purposes of this chapter.
(Added to NRS by 1960, 307; A 1963, 968; 1973, 1401; 1985, 295; 1997, 3077; 1999, 3070; 2001, 423; 2005, 22nd Special Session, 62; 2019, 1680; 2021, 2831)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.112 - Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty.

1. A treatment provider, a facility or an operator of a program for alcohol or other substance use disorder, or a person who provides any form of advertising or marketing services on behalf of such a provider, facility or operator, shall not:
(a) Make a false or misleading statement or provide false or misleading information about the products, goods, services or geographical locations of the treatment provider, facility or program for alcohol or other substance use disorder in the marketing, advertising materials or media or on the Internet website of the treatment provider, facility or operator of the program for alcohol or other substance use disorder;
(b) Post or otherwise allow on the Internet website of the treatment provider, facility or program for alcohol or other substance use disorder false information or electronic links, coding or activation that provides false information or that surreptitiously directs the reader to another Internet website;
(c) Solicit, receive or attempt to solicit or receive a commission, benefit, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in or attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from the treatment provider, facility or operator of the program for alcohol or other substance use disorder; or
(d) Enter into a contract with a person who provides marketing services who agrees to generate referrals or leads for the placement of patients with the treatment provider, facility or operator of the program for alcohol or other substance use disorder through a call center or web-based presence, unless the treatment provider, facility or operator of the program provides to the prospective patient:
(1) A clear disclosure to inform the prospective patient that the person providing the marketing services represents a specific treatment provider, facility or operator of a program for alcohol or other substance use disorder which pays a fee to the person providing the marketing services and the identity of the treatment provider, facility or operator of a program represented by the person; and
(2) Instructions on the manner in which any list of treatment providers, facilities or programs for alcohol or other substance use disorders provided by the Division on its Internet website may be accessed.
2. The provisions of paragraph (d) of subsection 1 do not apply to a state agency, a contractor thereof or an entity that otherwise receives financial support from the State which refers a person to a treatment provider, facility or program for alcohol or other substance use disorders that is operated or financially supported by the State.
3. Any violation of the provisions of this section is a misdemeanor.
(Added to NRS by 2019, 1679)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.115 - Legislative appropriations; claims.

Money to carry out the provisions of this chapter must be provided by direct legislative appropriation from the State General Fund and paid out on claims as other claims against the State are paid. All claims must be approved by the Administrator before they are paid.
(Added to NRS by 1961, 159; A 1963, 968; 1973, 1401; 1997, 3078; 1999, 3070; 2001, 423; 2003, 1456)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.125 - Requests for proposals; advancement of initial costs; staffing of Division.

1. The Division shall prepare requests for proposals for the provision by treatment providers of:
(a) Residential treatment of adolescents with substance use disorders;
(b) Outpatient treatment of adolescents with substance use disorders;
(c) Comprehensive evaluations of adolescents with problems relating to substance use disorders or mental illness, or both; and
(d) Transitional housing for adolescents with substance use disorders.
2. Upon accepting a proposal submitted in accordance with this section, the Division may advance not more than 8 percent of the amount of the proposal to the treatment provider that submitted the proposal to help defray the costs of starting the provision of the services, including, without limitation, the cost of beds, equipment and rental space for expansion.
3. The Division shall establish such requirements for the requests for proposals as it determines necessary.
4. The Division shall hire, to the extent of legislative authorization, such staff as it determines necessary to carry out the provisions of this section and NRS 458.131.
(Added to NRS by 1999, 1873; A 2001, 423; 2005, 22nd Special Session, 62; 2015, 747)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.131 - Biennial report of Division.

The Division shall, on or before September 1 of each odd-numbered year, submit to the Director of the Department of Health and Human Services a report covering the biennium ending on June 30 of that year. The report must include:
1. The name of each treatment provider that received money pursuant to NRS 458.125 during the biennium, and the amount of money that each treatment provider received for each type of service provided;
2. If a treatment provider received money pursuant to NRS 458.125 during the biennium to help defray the costs of starting the provision of services, the name of the treatment provider, the amount of money received and an accounting of how the money was used;
3. The number of adolescents who received any of the services described in NRS 458.125 from those treatment providers during the biennium, and the number of adolescents who were receiving those services as of the end of the biennium; and
4. As of the end of the biennium:
(a) The number of adolescents on waiting lists to receive the services described in NRS 458.125; and
(b) An estimate of the number of other adolescents in this State who are in need of the services described in NRS 458.125.
(Added to NRS by 1999, 1873; A 2001, 423; 2005, 22nd Special Session, 62; 2015, 747)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.175 - Powers and duties of peace officers.

1. If a peace officer arrests or takes into custody a person who is found in any public place unlawfully under the influence of a controlled substance and in such a condition that the person is unable to exercise care for his or her health or safety or the health or safety of other persons, the peace officer may deliver the person to a licensed facility for the treatment of persons with substance use disorders or other appropriate facility for observation and care.
2. A person who is unlawfully under the influence of a controlled substance who is arrested or taken into custody by a peace officer must immediately be taken to a secure detoxification unit or other appropriate medical facility if the person’s condition appears to require emergency medical treatment. Upon release from the detoxification unit or medical facility, the person must immediately be remanded to the custody of the apprehending peace officer and the criminal proceedings proceed as prescribed by law.
3. Every peace officer and other public employee or agency acting pursuant to this section is performing a discretionary function or duty.
4. As used in this section, "secure detoxification unit" includes, without limitation, a detoxification unit in which the staff of the detoxification unit ensures the security of the detoxification unit.
(Added to NRS by 2003, 1454)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.250 - Legislative declaration of purpose.

The Legislature finds and declares that the handling of persons with an alcohol use disorder within the criminal justice system is ineffective, whereas treating an alcohol use disorder as a health problem allows its prevention and treatment and relieves law enforcement agencies of a large and inappropriate burden. The provisions of NRS 458.250 to 458.280, inclusive, are intended to provide for the prevention of alcohol use disorders and the treatment of persons with an alcohol use disorder. The provisions of NRS 458.250 to 458.280, inclusive, are further intended to transfer the handling of public intoxication from statutes providing criminal sanctions, including, without limitation, loitering and vagrancy, to statutes providing for civil protective custody. To accomplish these purposes, the Department of Health and Human Services shall continue to direct itself to the problem of alcohol use disorders at large, attempting to combat the problem at the community level.
(Added to NRS by 1973, 1059; A 1975, 1145; 2001, 425)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.260 - Intoxication not public offense; exceptions.

1. Except as otherwise provided in subsection 2, the use of alcohol, the status of drunkard and the fact of being found in an intoxicated condition are not:
(a) Public offenses and shall not be so treated in any ordinance or resolution of a county, city or town.
(b) Elements of an offense giving rise to a criminal penalty or civil sanction.
2. The provisions of subsection 1 do not apply to:
(a) A civil or administrative violation for which intoxication is an element of the violation pursuant to the provisions of a specific statute or regulation;
(b) A criminal offense for which intoxication is an element of the offense pursuant to the provisions of a specific statute or regulation;
(c) A homicide resulting from driving, operating or being in actual physical control of a vehicle, a power-driven vessel or a sailing vessel under way while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484C.110, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and
(d) Any offense or violation which is similar to an offense or violation described in paragraph (a), (b) or (c) and which is set forth in an ordinance or resolution of a county, city or town.
3. This section does not make intoxication an excuse or defense for any criminal act.
(Added to NRS by 1973, 1060; A 1975, 1145; 1983, 1088; 1997, 333; 1999, 3406; 2005, 169; 2023, 559)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.280 - Records of treatment facility and treatment provider confidential; exceptions.

1. Except as otherwise provided in subsection 2, NRS 439.597, 442.300 to 442.330, inclusive, and 449A.103 and chapter 629 of NRS, the registration and other records of a treatment facility and treatment provider are confidential and must not be disclosed to any person not connected with the treatment facility or treatment provider without the consent of the patient.
2. The provisions of subsection 1 do not restrict the use of a patient’s records for the purpose of research into the causes and treatment of alcoholism if such information is:
(a) Not published in a way that discloses the patient’s name or other identifying information; or
(b) Disclosed pursuant to NRS 439.597.
(Added to NRS by 1975, 1144; A 1989, 2057; 1991, 2351; 1999, 3515; 2007, 1979; 2015, 749)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.450 - "Working Group" defined.

As used in NRS 458.450 to 458.490, inclusive, unless the context otherwise requires, "Working Group" means the Statewide Substance Use Response Working Group created by NRS 458.460.
(Added to NRS by 2021, 2857)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.470 - Chair and Vice Chair; meetings; quorum.

1. At the first meeting of each calendar year, the Working Group shall elect from its members a Chair and a Vice Chair.
2. The Working Group shall meet at the call of the Chair or a majority of its members.
3. A majority of the members of the Working Group constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Working Group.
(Added to NRS by 2021, 2859)
2023 Nevada Revised Statutes › Chapter 458 - Alcohol and Other Substance Use Disorders › NRS 458.490 - Report by Department of Health and Human Services to Working Group concerning use of certain money.

The Department of Health and Human Services shall annually submit to the Working Group a report concerning the use of:
1. All money received by this State pursuant to any settlement entered into by the State of Nevada concerning the manufacture, distribution, sale and marketing of opioids;
2. All money recovered by this State from a judgment in a civil action by the State of Nevada concerning the manufacture, distribution, sale and marketing of opioids;
3. Any gifts, grants or donations received by the State and each political subdivision of the State for purposes relating to substance misuse and substance use disorders; and
4. All other money spent by the State and each political subdivision of the State for purposes relating to substance misuse and substance use disorders.
(Added to NRS by 2021, 2861)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.010 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 458A.020 to 458A.058, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 1527; A 2009, 1439)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.057 - "Qualified mental health professional" defined.

1. "Qualified mental health professional" means any of the following persons:
(a) A person who is certified as a problem gambling counselor pursuant to the provisions of chapter 641C of NRS.
(b) A person who is certified as a problem gambling counselor intern pursuant to the provisions of chapter 641C of NRS.
(c) A physician who is licensed pursuant to the provisions of chapter 630 or 633 of NRS.
(d) A nurse who is licensed pursuant to the provisions of chapter 632 of NRS and is authorized by the State Board of Nursing to engage in the practice of counseling problem gamblers.
(e) A psychologist who is licensed pursuant to the provisions of chapter 641 of NRS or authorized to practice psychology in this State pursuant to the Psychology Interjurisdictional Compact enacted in NRS 641.227, or a psychological assistant who is registered with the Board of Psychological Examiners pursuant to the provisions of chapter 641 of NRS and the regulations adopted pursuant thereto.
(f) A clinical professional counselor or clinical professional counselor intern who is licensed pursuant to chapter 641A of NRS.
(g) A marriage and family therapist or marriage and family therapist intern who is licensed pursuant to the provisions of chapter 641A of NRS and is authorized by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors to engage in the practice of counseling persons with an addictive disorder related to gambling.
(h) A person who is licensed as a clinical social worker pursuant to the provisions of chapter 641B of NRS and is authorized by the Board of Examiners for Social Workers to engage in the practice of counseling persons with an addictive disorder related to gambling.
2. As used in this section, "practice of counseling persons with an addictive disorder related to gambling" has the meaning ascribed to it in NRS 641C.105.
(Added to NRS by 2009, 1435; A 2017, 934)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.058 - "Restitution" defined.

"Restitution" means the total amount of money owed to a victim of a crime to compensate the victim for all losses suffered as a result of the crime and any statutory fees and costs associated with the collection of that amount of money.
(Added to NRS by 2009, 1435)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.070 - Additional duties.

The Advisory Committee shall:
1. Provide advice and information to the Governor, the Legislature, the Department and other state agencies on issues and trends in the area of problem gambling for the purposes of:
(a) Assisting in the establishment of priorities and criteria for funding programs and services for the prevention and treatment of problem gambling;
(b) Providing services relating to the development of data, the assessment of needs, the performance of evaluations and technical assistance concerning problem gambling; and
(c) Recommending legislation, regulations or the adoption of public policy concerning problem gambling.
2. Review recommendations made by the Department for granting money or contracting for services for the prevention and treatment of problem gambling and make recommendations to the Director concerning the award of such grants and contracts.
3. Review reports compiled by the Department concerning the outcome and evaluation of programs and services funded by the Department for the prevention and treatment of problem gambling and services funded by the Department related to the development of data, the assessment of needs, the performance of evaluations or technical assistance.
(Added to NRS by 2005, 1528; A 2007, 811; 2017, 3528)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.080 - Appointment of groups to consider specific issues and policy and assist in research and development of strategic plans.

The Chair of the Advisory Committee may appoint groups consisting of members of the Advisory Committee, former members of the Advisory Committee and members of the public who have appropriate experience or knowledge to:
1. Consider specific issues and policy matters that are related to the prevalence, impact, prevention and treatment of problem gambling; and
2. Assist in researching and developing strategic plans to fund and deliver comprehensive programs and services to prevent and treat problem gambling and make recommendations concerning such strategic plans.
(Added to NRS by 2005, 1528; A 2007, 811; 2017, 3529)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.090 - Creation; administration; use of money in Account.

1. The Revolving Account to Support Programs for the Prevention and Treatment of Problem Gambling is hereby created in the State General Fund. The Director shall administer the Account.
2. Except as otherwise provided in this subsection, the money in the Account must be expended:
(a) To award grants of money or contracts for services to state agencies and other political subdivisions of the State or to organizations or educational institutions to provide programs for the prevention and treatment of problem gambling or to provide services related to the development of data, the assessment of needs, the performance of evaluations or technical assistance. The Director may use not more than 10 percent of the money in the Account to administer the Account.
(b) For any other purpose authorized by the Legislature.
3. The existence of the Account does not create a right in any state agency or other political subdivision of the State or in any organization or educational institution to receive money from the Account.
(Added to NRS by 2005, 1528; A 2007, 812; 2010, 26th Special Session, 18; 2013, 1626)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.100 - Gifts, grants and donations.

1. The Director may apply for and accept any gift, donation, bequest, grant or other source of money. Any money so received must be deposited in the Account.
2. The interest and income earned on money in the Account from any gift, donation or bequest, after deducting any applicable charges, must be credited to the Account.
3. Money from any gift, donation or bequest that remains in the Account at the end of the fiscal year does not revert to the State General Fund, and the balance in the Account must be carried forward to the next fiscal year.
(Added to NRS by 2005, 1529)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.110 - Director to adopt regulations.

1. The Director shall adopt regulations to carry out the provisions of NRS 458A.090 and 458A.100.
2. The regulations adopted by the Director must include, without limitation:
(a) The procedure by which a state agency or other political subdivision of the State or an organization or educational institution may apply for a grant of money or a contract for services to be paid from the Account;
(b) The criteria that the Director must consider in determining whether to award a grant of money or a contract for services to be paid from the Account; and
(c) The procedure used by the Director to ensure that the money in the Account is distributed in a fair and equitable manner.
(Added to NRS by 2005, 1529)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.200 - Authority of court to establish program of treatment; conditions for assignment; administration.

1. A court may establish a program for the treatment of problem gambling to which it may assign a person pursuant to NRS 458A.210. The assignment must:
(a) Include the terms and conditions for successful completion of the program;
(b) Require that the person assigned to the program agree to pay restitution as a condition upon the election of treatment; and
(c) Provide for progress reports at intervals set by the court to ensure that the person is making satisfactory progress toward completion of the program.
2. A program established pursuant to this section must be administered by a qualified mental health professional and must include, without limitation:
(a) Information and encouragement for the participant to cease problem gambling through educational, counseling and support sessions;
(b) The opportunity for the participant to understand the medical, psychological, social and financial implications of problem gambling; and
(c) Appropriate referral to community, health, substance use disorder, religious and social service agencies for additional resources and related services, as needed.
3. Before the court assigns a person to a program for the treatment of problem gambling, the person must agree to pay the cost of the program to which he or she is assigned, to the extent of the financial resources of the person. If the person does not have the financial resources to pay all the related costs, the court shall, to the extent practicable, arrange for the person to be assigned to a program that receives a sufficient amount of federal or state funding to offset the remainder of the costs.
(Added to NRS by 2009, 1435)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.210 - Eligibility for assignment to program of treatment.

Subject to the provisions of NRS 458A.200 to 458A.260, inclusive, a person with an addictive disorder related to gambling who has been convicted of a crime and who committed the crime in furtherance or as a result of problem gambling is eligible to elect to be assigned by the court to a program for the treatment of problem gambling before he or she is sentenced unless:
1. The crime is:
(a) A crime against the person punishable as a felony or gross misdemeanor as provided in chapter 200 of NRS;
(b) A crime against a child as defined in NRS 179D.0357;
(c) A sexual offense as defined in NRS 179D.097; or
(d) An act which constitutes domestic violence as set forth in NRS 33.018;
2. The person with the disorder has a record of two or more convictions of a crime described in subsection 1 or a similar crime in violation of the laws of another state, or of three or more convictions of any felony;
3. Other criminal proceedings alleging commission of a felony are pending against the person with the disorder;
4. The person with the disorder is on probation or parole, except that the person with the disorder is eligible to make the election if the appropriate probation or parole authority consents to the election or the court finds that the person with the disorder is eligible to make the election after considering any objections made by the appropriate probation or parole authority; or
5. The person with the disorder has previously been assigned by a court to a program for the treatment of problem gambling, except that the person with the disorder is eligible to make the election if the court, in its discretion, finds that the person with the disorder is eligible to make such an election.
(Added to NRS by 2009, 1436)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.220 - Hearing to determine whether person should receive treatment; court to advise person of conditions.

1. If the court:
(a) Has reason to believe that:
(1) A person who has been convicted of a crime is a person with an addictive disorder related to gambling; and
(2) The person committed the crime in furtherance or as a result of problem gambling; and
(b) Finds that the person is eligible to make the election as provided in NRS 458A.210,
the court shall hold a hearing before it sentences the person to determine whether or not the person committed the crime in furtherance or as a result of problem gambling and whether or not the person should receive treatment under the supervision of a qualified mental health professional. The district attorney may present the court with any evidence concerning whether the person committed the crime in furtherance or as a result of problem gambling and the advisability of permitting the person to make the election.
2. At the hearing, the court shall advise the person that sentencing will be postponed if the person elects to submit to treatment and is accepted into a program for the treatment of problem gambling. In offering the election, the court shall advise the person that:
(a) The court may impose any conditions upon the election of treatment that could be imposed as conditions of probation;
(b) If the person elects to submit to treatment and is accepted, the person:
(1) May be placed under the supervision of the qualified mental health professional for a period of not less than 1 year and not more than 3 years; and
(2) Must agree to pay restitution as a condition upon the election of treatment;
(c) During treatment, the person may be confined in an institution or, at the discretion of the qualified mental health professional, released for treatment or supervised care in the community;
(d) If the person satisfactorily completes treatment and satisfies the conditions upon the election of treatment, as determined by the court, the conviction will be set aside, but if the person does not satisfactorily complete treatment and satisfy the conditions, the person may be sentenced and the sentence executed; and
(e) If the person’s conviction is set aside pursuant to NRS 458A.240, he or she may, at any time after the conviction is set aside, file a petition pursuant to NRS 179.255 for the sealing of all records relating to the setting aside of the conviction.
(Added to NRS by 2009, 1436)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.240 - Deferment of sentencing; satisfaction of conditions for treatment; setting aside conviction; determination of transfer to another facility or sentencing.

1. Whenever a person is placed under the supervision of a qualified mental health professional, the person’s sentencing must be deferred and, except as otherwise provided in subsection 4, the person’s conviction must be set aside if the qualified mental health professional certifies to the court that the person has satisfactorily completed the program of treatment and the court approves the certification and determines that the conditions upon the election of treatment have been satisfied.
2. If, upon the expiration of the treatment period, the qualified mental health professional has not certified that the person has completed the program of treatment, the court shall sentence the person. If the person has satisfied the conditions upon the election of treatment and the court believes that the person will complete his or her treatment voluntarily, the court may set the conviction aside.
3. If, before the treatment period expires, the qualified mental health professional determines that the person is not likely to benefit from further treatment, the qualified mental health professional shall so advise the court. The court shall then:
(a) Arrange for the transfer of the person to a more suitable program, if any; or
(b) Terminate the supervision and conduct a hearing to determine whether the person should be sentenced.
If a person is sentenced pursuant to this section, any time spent in institutional care must be deducted from any sentence imposed.
4. Regardless of whether the person successfully completes treatment, the court shall not set aside the conviction of a person who has a record of two or more convictions of any felony for two or more separate incidents.
(Added to NRS by 2009, 1438)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.250 - Civil commitment not criminal conviction; sealing of records.

1. The determination of problem gambling and civil commitment pursuant to NRS 458A.200 to 458A.260, inclusive, shall not be deemed a criminal conviction.
2. The records relating to the setting aside of a conviction pursuant to NRS 458A.240 may be sealed pursuant to NRS 179.255.
(Added to NRS by 2009, 1439)
2023 Nevada Revised Statutes › Chapter 458A - Prevention and Treatment of Problem Gambling › NRS 458A.260 - State or political subdivision not required to provide program for treatment.

The provisions of NRS 458A.200 to 458A.260, inclusive, do not require this State or any of its political subdivisions to establish or finance any program for the treatment of problem gambling.
(Added to NRS by 2009, 1439)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.003 - Alternate member: Designation; powers and duties.

The member representing this State on the Western Interstate Nuclear Board may be represented thereon by an alternate designated by him or her. Any such alternate may discharge the member’s duties and perform the member’s functions to the extent and during the time designated by the member, pursuant to Article II (a) of the Compact.
(Added to NRS by 1969, 1146)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.004 - Bylaws, rules and regulations filed with Secretary of State.

Pursuant to Article II (j) of the Compact, the Western Interstate Nuclear Board shall file copies of its bylaws, rules and regulations, and of any amendments thereto, with the Secretary of State.
(Added to NRS by 1969, 1146)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.005 - Applicability of Nevada Industrial Insurance Act to persons dispatched to another state.

The provisions of the Nevada Industrial Insurance Act, chapters 616A to 616D, inclusive, of NRS, and any benefits payable thereunder shall apply and be payable to any persons dispatched to another state pursuant to Article VI of the Compact. If the persons so dispatched are officers or employees of any political subdivision of this State, they are entitled to the same compensation or other benefits in case of injury or death to which they would have been entitled had such injury or death occurred while coping with a nuclear incident in their respective jurisdictions and in their regular employment.
(Added to NRS by 1969, 1146)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.008 - Appointment of member of Board by Governor; designation of alternate member.

1. The Governor shall appoint the member of the Rocky Mountain Low-Level Radioactive Waste Board to represent this State. The member serves at the pleasure of the Governor.
2. The member representing this State on the Rocky Mountain Low-Level Radioactive Waste Board may, in the member’s absence, be represented on the Board by an alternate designated by the member. Such an alternate may discharge the member’s duties and perform the member’s functions to the extent and during the time designated by the member, pursuant to subsection B of article 6 of the Compact.
(Added to NRS by 1983, 1259)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0083 - State surcharge: Imposition; collection; distribution; deposit for credit to Fund for Care of Sites for Disposal of Radioactive Waste.

There is hereby imposed a state surcharge of $2 per cubic foot of radioactive waste received at Nevada’s regional facility in Beatty. This state surcharge must be collected at the same time and in the manner provided for the compact surcharge collected pursuant to Article 5 of the Rocky Mountain Low-level Radioactive Waste Compact. Any money collected pursuant to this section which is not otherwise distributed by specific legislative appropriation must be deposited with the State Treasurer for credit to the Fund for the Care of Sites for the Disposal of Radioactive Waste created pursuant to NRS 459.231.
(Added to NRS by 1987, 1748; A 1997, 125)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.009 - Definitions.

As used in NRS 459.009 to 459.0098, inclusive, unless the context otherwise requires:
1. "Agency" means the Agency for Nuclear Projects.
2. "Commission" means the Commission on Nuclear Projects.
3. "Executive Director" means the Executive Director of the Agency.
4. "Radioactive waste" is limited to:
(a) The highly radioactive material resulting from the reprocessing of spent nuclear fuel, including liquid waste and any solid material derived from the liquid waste that contains concentrations of matter produced by nuclear fission sufficient to require permanent isolation, as determined by the Nuclear Regulatory Commission;
(b) Spent nuclear fuel that has been withdrawn from a reactor following irradiation and has not been separated into its constituent elements by reprocessing; and
(c) Other material that the Nuclear Regulatory Commission determines must be permanently isolated.
(Added to NRS by 1985, 2303)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0091 - Commission on Nuclear Projects: Creation; membership; terms and salary of members.

1. The Commission on Nuclear Projects, consisting of seven members, is hereby created.
2. The Commission consists of:
(a) Three members of the Governor’s own choosing.
(b) Two members chosen by the Governor from a list of three names submitted to the Governor by the Legislative Commission.
(c) Two members chosen by the Governor, one of whom is chosen from a list of three names submitted to the Governor by a statewide organization of county governments and one of whom is chosen from a list of three names submitted to the Governor by a statewide organization of city governments.
3. The members of the Commission shall annually select a Chair from among themselves.
4. After the initial terms, members shall serve terms of 2 years.
5. Each member of the Commission is entitled to a salary of $80 for each day’s attendance at a meeting of the Commission.
(Added to NRS by 1985, 2303)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0092 - Commission on Nuclear Projects: Duties.

The Commission shall:
1. Be informed on issues and developments relating to the disposal of radioactive waste.
2. Report to the Governor and the Legislature on any matter relating to the disposal of radioactive waste which it deems appropriate and on any such matter requested by the Governor.
3. Advise and make recommendations to the Governor and the Legislature on the policy of this State concerning all projects involving the disposal of radioactive waste.
4. Formulate the administrative policies of the Agency and its divisions.
5. Advise the state and local governments on litigation relating to radioactive waste.
6. Adopt such regulations and perform such other duties as are necessary to carry out the provisions of NRS 459.009 to 459.0098, inclusive.
(Added to NRS by 1985, 2303)
2023 Nevada Revised Statutes › Chapter 459 - Hazardous Materials › NRS 459.0093 - Agency for Nuclear Projects: Creation; composition; appointment and qualifications of Executive Director.

1. The Agency for Nuclear Projects is hereby created within the Office of the Governor. The Agency consists of the Commission and:
(a) The Division of Technical Programs.
(b) The Division of Planning.
2. The Governor shall appoint an Executive Director, who serves at the pleasure of the Commission, and who must:
(a) Be appointed from a list of three persons submitted to the Governor by the Commission.
(b) Possess broad management skills related to the functions of the Agency and have the ability to coordinate planning and communication among the Federal Government, the state and the local governments of this State on issues related to radioactive waste.
(Added to NRS by 1985, 2304; A 1993, 1630; 1995, 1455)