reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.172 - "Certificate" defined.

"Certificate" means a certificate which authorizes a natural person or entity to provide jobs and day training services and which is issued pursuant to NRS 435.130 to 435.310, inclusive, and the regulations adopted pursuant thereto.
(Added to NRS by 2009, 2234)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.174 - "Competitive integrated employment" defined. [Effective January 1, 2025, through December 31, 2027.]

"Competitive integrated employment" has the meaning ascribed to it in 29 U.S.C. § 705(5).
(Added to NRS by 2023, 2950, effective January 1, 2025)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.176 - "Jobs and day training services" defined.

"Jobs and day training services" means individualized services for day habilitation, prevocational, employment and supported employment:
1. Which are provided:
(a) For compensation;
(b) In a division facility or in the community; and
(c) To a person with an intellectual disability or a person with a developmental disability who is served by the Division; and
2. Which are designed to assist the person in:
(a) Learning or maintaining skills;
(b) Succeeding in paid or unpaid employment;
(c) Increasing self-sufficiency, including, without limitation, training and habilitation services; and
(d) Contributing to the person’s community.
(Added to NRS by 2009, 2234; A 2013, 676; 2017, 2821)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.227 - Conditions of certification.

Before being issued a certificate by the Division pursuant to NRS 435.225 and annually thereafter as a condition of certification, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, must:
1. Be on file and in good standing with the Secretary of State and organized pursuant to title 7 of NRS; and
2. Submit to the Division any financial documents and statements requested by the Division for the purpose of evaluating the financial solvency of the partnership, firm, corporation or association.
(Added to NRS by 2011, 2129; A 2013, 3035; 2015, 57; 2019, 392)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.229 - Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate 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 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.
(Added to NRS by 2013, 2729)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.235 - Division authorized to conduct investigations; employment of personnel.

The Division may:
1. Upon receipt of an application for a certificate, conduct an investigation into the qualifications of the personnel, methods of operation, policies and purposes of any natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof proposing to provide jobs and day training services;
2. Upon receipt of a complaint against a natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof providing jobs and day training services, except for a complaint concerning the cost of services, conduct an investigation into the qualifications of the personnel, methods of operation, policies, procedures and records of the provider of jobs and day training services; and
3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.130 to 435.310, inclusive.
(Added to NRS by 2009, 2235; A 2015, 58)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.241 - Division authorized to bring action to enjoin provision of services.

1. The Division may bring an action in the name of the State of Nevada to enjoin any natural person, a partnership, firm, corporation or association, including, without limitation, a nonprofit organization, or a state or local government or agency thereof from providing jobs and day training services:
(a) Without first obtaining a certificate from the Division; or
(b) After the 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, provide jobs and day training services without a certificate.
(Added to NRS by 2009, 2235; A 2015, 58)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.245 - Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties 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. A natural person who applies for the issuance or renewal of a certificate must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department 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 may not be issued or renewed by the Division if the applicant is a natural person who:
(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.
(Added to NRS by 2009, 2235)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.247 - Application for issuance of 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.]

The application of a natural person who applies for the issuance of a certificate must include the social security number of the applicant.
(Added to NRS by 2009, 2236)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.249 - Suspension of certificate for failure to pay child support or comply with certain 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 natural person who is the holder of a certificate, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date 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 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.
(Added to NRS by 2009, 2236)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.270 - Gifts and grants of money: Use; deposit.

1. All gifts or grants of money which the Division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of such provisions, the Division must spend the money for the purpose approved by the Interim Finance Committee.
2. All such money must be deposited in the State Treasury in a separate account in the Department of Health and Human Services’ Gift Fund.
3. All claims must be approved by the Administrator before they are paid.
(Added to NRS by 1969, 1010; A 1971, 680; 1979, 623; 1981, 78)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.307 - Transition plan for workers earning less than state minimum wage; regulations. [Effective January 1, 2025, through December 31, 2027.]

1. On or before January 1 of each year, a provider of jobs and day training services that holds a valid certificate issued pursuant to 29 U.S.C. § 214(c) authorizing the provider of jobs and day training services to pay less than the state minimum wage in effect on that date shall submit to the Division for its approval a plan detailing the manner in which the provider of jobs and day training services will:
(a) Transition such persons from earning less than the state minimum wage to earning at least the state minimum wage by January 1, 2028, or support such persons in obtaining competitive integrated employment, supported employment or community activities related to the goals of the persons; and
(b) Assist such persons to participate in unpaid activities that are not related to employment.
2. A plan submitted pursuant to subsection 1 must be informed by evidence-based practices and models for providing effective employment and align with any applicable federal laws and regulations. Such a plan must be accompanied by a report that contains for each person who is earning less than the state minimum wage under a valid certificate issued pursuant to 29 U.S.C. § 214(c), measurable benchmarks to show the progress the provider of jobs and day training services is making toward:
(a) Transitioning the person to earning at least the state minimum wage or supporting the person in pursuing competitive integrated employment, supported employment or community activities related to the goals of the person; and
(b) Assisting the person to participate in unpaid activities that are not related to employment.
3. If the Division determines that a plan submitted pursuant to this section does not meet the requirements of this section or will not make adequate progress towards the goals prescribed by subsection 1, the Division shall require the provider of jobs and day training services to submit a revised plan.
4. The Division may adopt any regulations necessary to carry out the provisions of this section and NRS 435.309.
5. As used in this section, "supported employment" has the meaning ascribed to it in 29 U.S.C. § 705(38).
(Added to NRS by 2023, 2950, effective January 1, 2025)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.309 - Advocacy by third party for certain workers earning less than state minimum wage. [Effective January 1, 2025, through December 31, 2027.]

1. A person with an intellectual disability or person with a developmental disability who is earning less than the state minimum wage under a valid certificate issued pursuant to 29 U.S.C. § 214(c) may choose a person, including, without limitation, his or her case manager, parent or legal guardian, to advocate on his or her behalf at any meeting concerning the employment with his or her employer or a member of the staff of the provider of jobs and day training services.
2. Upon request of a person with an intellectual disability or person with a developmental disability, the Division shall assist the person in finding an independent advocate to perform the functions described in subsection 1.
(Added to NRS by 2023, 2951, effective January 1, 2025)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.310 - Contract between provider of services and county and school officials and public and private agencies; prohibition against certain contracts. [Effective through December 31, 2027.] Contract between provider of services and county and school officials and public and private agencies; prohibition against certain contracts. [Effective January 1, 2028.]

A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive:
1. Except as otherwise provided in subsection 2, may enter into contracts with authorized county and school officials and public and private agencies to give care and training to persons with intellectual disabilities or persons with developmental disabilities who would also qualify for care or training programs offered by the public schools or by county welfare programs.
2. Except as otherwise provided in NRS 435.305, shall not enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person under 25 years of age where the person will be paid less than the state minimum wage.
(Added to NRS by 1969, 1011; A 2009, 2237; 2013, 677; 2017, 2822)
A provider of jobs and day training services certified pursuant to NRS 435.130 to 435.310, inclusive:
1. Except as otherwise provided in subsection 2, may enter into contracts with authorized county and school officials and public and private agencies to give care and training to persons with intellectual disabilities or persons with developmental disabilities who would also qualify for care or training programs offered by the public schools or by county welfare programs.
2. Shall not enter into a contract or other arrangement with any person or governmental entity to provide for the employment of a person where the person will be paid less than the state minimum wage.
(Added to NRS by 1969, 1011; A 2009, 2237; 2013, 677; 2017, 2822; 2023, 2954, effective January 1, 2028)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.3305 - Definitions.

As used in NRS 435.3305 to 435.339, inclusive, unless the context otherwise requires, the words and terms defined in NRS 435.331 and 435.3315 have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 1376; A 2013, 2730)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.331 - "Certificate" defined.

"Certificate" means a certificate to provide supported living arrangement services that is issued pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.
(Added to NRS by 2005, 1376)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.3315 - "Supported living arrangement services" defined.

"Supported living arrangement services" means flexible, individualized services provided in the home, for compensation, to a person with an intellectual disability or a person with a developmental disability who is served by the Division that are designed and coordinated to assist the person in maximizing the person’s independence, including, without limitation, training and habilitation services.
(Added to NRS by 2005, 1377; A 2013, 677; 2017, 2822)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.332 - Certificate required to provide services; holder authorized to provide services to certain persons.

1. No partnership, firm, corporation, association, state or local government or agency thereof may provide supported living arrangement services in this State without first obtaining a certificate from the Division.
2. No natural person other than a person who is employed by an entity listed in subsection 1 may provide supported living arrangement services in this State without first obtaining a certificate from the Division.
3. The holder of a certificate to provide supported living arrangement services may provide such services to any person with a primary diagnosis of an intellectual disability or developmental disability, including, without limitation, such a person who has a secondary diagnosis other than an intellectual disability or developmental disability. Such a secondary diagnosis may include, without limitation, a secondary diagnosis of a mental illness.
(Added to NRS by 2005, 1377; A 2019, 198)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.333 - Regulations; agreements with public and private agencies for provision of services.

1. The Administrator shall adopt regulations governing supported living arrangement services, including, without limitation, regulations that set forth:
(a) Standards for the provision of quality care by providers of supported living arrangement services;
(b) The requirements for the issuance and renewal of a certificate to provide supported living arrangement services; and
(c) The rights of consumers of supported living arrangement services, including, without limitation, the right of a consumer to file a complaint and the procedure for filing such a complaint.
2. The Division may enter into such agreements with public and private agencies as it deems necessary for the provision of supported living arrangement services.
3. For each regulation adopted pursuant to NRS 435.3305 to 435.339, inclusive, and submitted to the Legislative Counsel pursuant to NRS 233B.067 for review by the Legislative Commission, the Division shall set forth in the informational statement prepared pursuant to NRS 233B.066 that accompanies the regulation any supported living arrangement services that the regulation authorizes persons to provide pursuant to NRS 632.316 when the persons would otherwise be prohibited from providing such services pursuant to NRS 632.315.
(Added to NRS by 2005, 1377; A 2015, 59)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.3335 - Application for renewal of certificate to include information relating to state business license; renewal of certificate prohibited in certain circumstances.

1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate 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 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.
(Added to NRS by 2013, 2730)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.334 - Fees for certificate.

1. The Division may, by regulation, prescribe a fee for:
(a) The issuance of a certificate; and
(b) The renewal of a certificate.
2. A fee prescribed pursuant to subsection 1 must be calculated to produce the revenue estimated to cover the costs related to the certifications and renewals, but in no case may a fee for a certificate or renewal of a certificate exceed the actual cost to the Division of issuing or renewing the certificate, as applicable.
(Added to NRS by 2005, 1377)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.335 - Division authorized to conduct investigations; employment of personnel.

The Division may:
1. Upon receipt of an application for a certificate, conduct an investigation into the qualifications of personnel, methods of operation, policies and purposes of any natural person, partnership, firm, corporation, association, state or local government or agency thereof proposing to provide supported living arrangement services;
2. Upon receipt of a complaint against a natural person, partnership, firm, corporation, association, state or local government or agency thereof providing supported living arrangement services, 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 the provider of services; and
3. Employ such professional, technical and clerical assistance as it deems necessary to carry out the provisions of NRS 435.3305 to 435.339, inclusive.
(Added to NRS by 2005, 1377)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.336 - Division authorized to bring action to enjoin provision of services.

1. The Division may bring an action in the name of the State to enjoin any natural person, partnership, firm, corporation, association, state or local government or agency thereof from providing supported living arrangement services:
(a) Without first obtaining a certificate from the Division; or
(b) After the 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, provide supported living arrangement services without a certificate.
(Added to NRS by 2005, 1378)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.337 - Payment of child support: Statement by applicant for certificate; grounds for denial of certificate; duties 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. A natural person who applies for the issuance or renewal of a certificate must submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department 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 may not be issued or renewed by the Division if the applicant is a natural person who:
(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.
(Added to NRS by 2005, 1378)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.338 - Application for issuance of 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.]

The application of a natural person who applies for the issuance of a certificate must include the social security number of the applicant.
(Added to NRS by 2005, 1378)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.339 - Suspension of certificate for failure to pay child support or comply with certain 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 natural person who is the holder of a certificate, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date 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 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.
(Added to NRS by 2005, 1378)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.340 - Legal capacity of person with an intellectual disability or person with a developmental disability unimpaired unless adjudicated incapacitated.

Neither voluntary admission nor judicial commitment nor any other procedure provided in this chapter may be construed as depriving a person with an intellectual disability or a person with a developmental disability of the person’s full civil and legal rights by any method other than a separate judicial proceeding resulting in a determination of incapacity wherein the civil and legal rights forfeited and the legal disabilities imposed are specifically stated.
(Added to NRS by 1975, 1617; A 1999, 2602; 2013, 677; 2017, 2822)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.350 - Rights of person admitted to division facility.

1. Each person with an intellectual disability and each person with a developmental disability admitted to a division facility is entitled to all rights enumerated in NRS 435.006, 435.565 and 435.570.
2. The Administrator shall designate a person or persons to be responsible for establishment of regulations relating to denial of rights of persons with an intellectual disability or persons with a developmental disability. The person designated shall file the regulations with the Administrator.
3. Consumers’ rights specified in NRS 433.482, 433.484, 435.565 and 435.570 may be denied only for cause. Any denial of such rights must be entered in the consumer’s treatment record, and notice of the denial must be forwarded to the Administrator’s designee or designees as provided in subsection 2. Failure to report denial of rights by an employee may be grounds for dismissal.
4. Upon receipt of notice of a denial of rights as provided in subsection 3, the Administrator’s designee or designees shall cause a full report to be prepared which sets forth in detail the factual circumstances surrounding the denial. A copy of the report must be sent to the Administrator and the Commission on Behavioral Health.
5. The Commission on Behavioral Health has such powers and duties with respect to reports of denial of rights as are enumerated for the Commission on Behavioral Health in subsection 3 of NRS 435.610.
(Added to NRS by 1975, 1624; A 1981, 895; 1985, 2273; 1999, 2602, 3236; 2011, 436; 2013, 677, 3035; 2015, 59; 2017, 2822)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.360 - Responsibility for costs of care and treatment of person 18 years of age or older.

1. The relatives of a consumer with an intellectual disability or a consumer with a developmental disability who is 18 years of age or older are not responsible for the costs of the consumer’s care and treatment within a division facility.
2. The consumer or the consumer’s estate, when able, may be required to contribute a reasonable amount toward the costs of the consumer’s care and treatment. Otherwise, the full costs of the services must be borne by the State.
(Added to NRS by 1975, 1624; A 1977, 103; 1981, 1580; 1999, 2602; 2011, 436; 2013, 678; 2017, 2823)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.365 - Assistance to parent or other relative caring for certain persons with intellectual disabilities or developmental disabilities or young child with certain developmental delays: Eligibility; regulations; waiting list; final administrative decision.

1. To the extent that money is available for that purpose, whenever a person with an intellectual disability or a person with a developmental disability is cared for by a parent or other relative with whom the person lives, that parent or relative is eligible to receive assistance on a monthly basis from the Division for each such person who lives and is cared for in the home if the Division finds that:
(a) The person with an intellectual disability or the person with a developmental disability has been diagnosed as having a profound or severe intellectual disability or developmental disability or, if he or she is under 6 years of age, has developmental delays that require support that is equivalent to the support required by a person with a profound or severe intellectual disability or a person with a profound or severe developmental disability;
(b) The person with an intellectual disability or the person with a developmental disability is receiving adequate care; and
(c) The person with an intellectual disability or the person with a developmental disability and the parent or other relative with whom the person lives is not reasonably able to pay for his or her care and support.
The amount of the assistance must be established by legislative appropriation for each fiscal year.
2. The Administrator shall adopt regulations:
(a) Which establish a procedure of application for assistance;
(b) For determining the eligibility of an applicant pursuant to subsection 1; and
(c) For determining the amount of assistance to be provided to an eligible applicant.
3. The Administrator shall establish a waiting list for applicants who are eligible for assistance but who are denied assistance because the legislative appropriation is insufficient to provide assistance for all eligible applicants.
4. The decision of the Administrator regarding eligibility for assistance or the amount of assistance to be provided is a final administrative decision.
(Added to NRS by 1981, 856; A 1985, 289; 1997, 842; 1999, 2603; 2011, 2636; 2013, 678; 2015, 59; 2017, 2823)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.370 - Programs for residential placement and foster care by families.

The Division may make such rules and regulations and enter such agreements with public and private agencies as are deemed necessary to implement residential placement-foster family care programs for persons with intellectual disabilities or persons with developmental disabilities.
(Added to NRS by 1975, 1624; A 1999, 2603; 2013, 678; 2017, 2824)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.375 - Cooperative agreement with Rehabilitation Division to provide long-term support; regulations.

1. The Division shall enter into a cooperative agreement with the Rehabilitation Division of the Department of Employment, Training and Rehabilitation to provide long-term support to persons with intellectual disabilities or persons with developmental disabilities, including, without limitation, jobs and day training services and supported living arrangement services. The agreement must include a provision stating that employment is the preferred service option for all adults of working age.
2. The Administrator may adopt regulations governing the provision of services to persons with intellectual disabilities or persons with developmental disabilities who are unable or unwilling to be employed.
(Added to NRS by 2015, 2222; A 2017, 2824)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.380 - Intellectual and Developmental Disability Gift Account.

1. All gifts or grants of money which the Division is authorized to accept must be spent in accordance with the provisions of the gift or grant. In the absence of those provisions, the Division must spend the money for the purpose approved by the Interim Finance Committee.
2. All such money must be deposited in the State Treasury to the credit of the Intellectual and Developmental Disability Gift Account in the Department of Health and Human Services’ Gift Fund.
3. All claims must be approved by the Administrator before they are paid.
(Added to NRS by 1975, 1624; A 1979, 623; 1981, 79; 2013, 679; 2017, 2824)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.390 - Canteen for division facility: Establishment and operation.

1. The administrative officer of any division facility where persons with intellectual disabilities or persons with developmental disabilities reside may establish a canteen operated for the benefit of consumers and employees of the facility. The administrative officer shall keep a record of transactions in the operation of the canteen.
2. Each canteen must be self-supporting. No money provided by the State may be used for its operation.
3. The respective administrative officers shall deposit the money used for the operation of the canteen in one or more banks or credit unions of reputable standing, except that an appropriate sum may be maintained as petty cash at each canteen.
(Added to NRS by 1979, 146; A 1999, 1498, 2603; 2001, 91; 2011, 436; 2013, 679; 2017, 2824)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.400 - Designation.

1. The division facilities providing services for persons with intellectual disabilities or persons with developmental disabilities are designated as:
(a) Desert Regional Center;
(b) Sierra Regional Center; and
(c) Rural Regional Center.
2. Division facilities established after July 1, 1981, must be named by the Administrator, subject to the approval of the Director of the Department.
(Added to NRS by 2013, 3016; A 2017, 2825)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.411 - Administrative officer: Qualifications.

The administrative officer of a facility of the Division must:
1. Be selected on the basis of training and demonstrated administrative qualities of leadership in any one of the fields of psychiatry, medicine, psychology, social work, education or administration.
2. Be appointed on the basis of merit as measured by administrative training or experience in programs relating to intellectual disabilities and developmental disabilities, including care and treatment of persons with intellectual disabilities and persons with developmental disabilities.
(Added to NRS by 2013, 3030; A 2017, 2825)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.412 - Administrative officer: Powers and duties.

The administrative officers have the following powers and duties, subject to the administrative supervision of the Administrator:
1. To exercise general supervision of and establish regulations for the government of the facilities designated by the Administrator;
2. To be responsible for and supervise the fiscal affairs and responsibilities of the facilities designated by the Administrator;
3. To appoint such medical, technical, clerical and operational staff as the execution of his or her duties, the care and treatment of consumers and the maintenance and operation of the facilities designated by the Administrator may require;
4. To make reports to the Administrator, and to supply the Administrator with material on which to base proposed legislation;
5. To keep complete and accurate records of all proceedings, record and file all bonds and contracts, and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office;
6. To inform the public in regard to the activities and operation of the facilities;
7. To invoke any legal, equitable or special procedures for the enforcement of his or her orders or the enforcement of the provisions of this chapter and other statutes governing the facilities;
8. To submit an annual report to the Administrator on the condition, operation, functioning and anticipated needs of the facilities; and
9. To assume responsibility for the nonmedical care and treatment of consumers if that responsibility has not been delegated.
(Added to NRS by 2013, 3030)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.413 - Administrative officer: Other employment prohibited; exceptions.

Except as otherwise provided in NRS 284.143, an administrative officer shall devote his or her entire time to the duties of his or her position and shall have no other gainful employment or occupation, but the administrative officer may attend seminars, act as a consultant and give lectures relating to his or her profession and accept appropriate stipends for the seminars, consultations and lectures.
(Added to NRS by 2013, 3031)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.415 - Licensing or certification of certain employees of Division.

Any person employed by the Division as a psychiatrist, psychologist, marriage and family therapist, clinical professional counselor, registered nurse or social worker must be licensed or certified by the appropriate state licensing board for his or her respective profession.
(Added to NRS by 2013, 3016)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.420 - Proficiency in English language required of certain employees.

The Administrator shall not employ any psychiatrist, psychologist, social worker or registered nurse who holds a master’s degree in the field of psychiatric nursing who is unable to demonstrate proficiency in the oral and written expression of the English language.
(Added to NRS by 2013, 3016)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.425 - Program for certification of intellectual and developmental disability technicians.

1. The Division shall carry out a vocational and educational program for the certification of intellectual and developmental disability technicians, including forensic technicians employed by the Division, or other employees of the Division who perform similar duties, but are classified differently. The program must be carried out in cooperation with the Nevada System of Higher Education.
2. An intellectual and developmental disability technician is responsible to the director of the service in which his or her duties are performed. The director of a service may be a licensed physician, dentist, podiatric physician, psychiatrist, psychologist, rehabilitation therapist, social worker, registered nurse or other professionally qualified person. This section does not authorize an intellectual and developmental disability technician to perform duties which require the specialized knowledge and skill of a professionally qualified person.
3. The Administrator shall adopt regulations to carry out the provisions of this section.
4. As used in this section, "intellectual and developmental disability technician" means an employee of the Division who, for compensation or personal profit, carries out procedures and techniques which involve cause and effect and which are used in the care, treatment and rehabilitation of persons with intellectual disabilities or persons with developmental disabilities and who has direct responsibility for:
(a) Administering or carrying out specific therapeutic procedures, techniques or treatments, excluding medical interventions, to enable consumers to make optimal use of their therapeutic regime, their social and personal resources, and their residential care; or
(b) The application of interpersonal and technical skills in the observation and recognition of symptoms and reactions of consumers, for the accurate recording of such symptoms and reactions, and for carrying out treatments authorized by members of the interdisciplinary team that determines the treatment of the consumers.
(Added to NRS by 2013, 3016; A 2015, 60; 2017, 2825)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.430 - Adoption of regulations concerning care and treatment by public and private facilities and to promote programs.

1. The Administrator shall adopt regulations:
(a) For the care and treatment of persons with intellectual disabilities and persons with developmental disabilities by all state agencies and facilities, and their referral to private facilities;
(b) To ensure continuity in the care and treatment provided to persons with intellectual disabilities and persons with developmental disabilities in this State; and
(c) Necessary for the proper and efficient operation of the facilities of the Division.
2. The Administrator may adopt regulations to promote programs relating to intellectual disabilities or developmental disabilities.
(Added to NRS by 2013, 3017; A 2015, 61; 2017, 2826)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.435 - Adoption of regulations concerning abuse and neglect of consumers.

The Administrator shall adopt regulations to:
1. Provide for a more detailed definition of abuse of a consumer of the Division, consistent with the general definition given in NRS 435.645;
2. Provide for a more detailed definition of neglect of a consumer of the Division, consistent with the general definition given in NRS 435.645; and
3. Establish policies and procedures for reporting the abuse or neglect of a consumer of the Division.
(Added to NRS by 2013, 3018; A 2015, 61)
2023 Nevada Revised Statutes › Chapter 435 - Persons with Intellectual Disabilities and Developmental Disabilities › NRS 435.440 - Adoption of regulations concerning consumers.

The Division may adopt regulations:
1. To define the term "consumer" for the purposes of this chapter.
2. To specify the circumstances under which a consumer is eligible to receive services from the Division pursuant to this chapter, including, but not limited to, care, treatment and training. Regulations adopted pursuant to this subsection must specify that a consumer is eligible to receive services only if the consumer:
(a) Has a documented diagnosis of a mental disorder based on the most recent edition of the
Diagnostic and Statistical Manual of Mental Disorders
published by the American Psychiatric Association; and
(b) Except as otherwise provided in the regulations adopted pursuant to subsection 3, is not eligible to receive services through another public or private entity.
3. To specify the circumstances under which the provisions of paragraph (b) of subsection 2 do not apply, including, without limitation, when the copay or other payment required to obtain services through another public or private entity is prohibitively high.
4. To establish policies and procedures for the referral of each consumer who needs services that the Division is unable to provide to the most appropriate organization or resource who is able to provide the needed services to that consumer.
(Added to NRS by 2013, 3017)