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2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.430 - Requirements and restrictions concerning inventory of and sales by adult-use cannabis establishment; use of third party, intermediary business, broker or other unlicensed business.

1. If an adult-use cannabis establishment is operated by a dual licensee, the adult-use cannabis establishment may:
(a) For the purpose of tracking cannabis, maintain a combined inventory with a medical cannabis establishment operated by the dual licensee; and
(b) For the purpose of reporting on the inventory of the adult-use cannabis establishment, maintain a combined inventory with a medical cannabis establishment operated by the dual licensee and report the combined inventory under a single medical cannabis license or adult-use cannabis license.
2. If a cannabis establishment is operated by a dual licensee, the cannabis establishment shall:
(a) For the purpose of reporting on the sales of any adult-use cannabis establishment or medical cannabis establishment operated by the dual licensee, designate each sale as a sale pursuant to the provisions of this chapter or chapter 678C of NRS; and
(b) Verify that each person who purchases cannabis or cannabis products in a sale designated as a sale pursuant to the provisions of chapter 678C of NRS holds a valid registry identification card.
3. An adult-use cannabis retail store shall not sell cannabis or cannabis products through the use of, or accept a sale of cannabis or cannabis products from, a third party, intermediary business, broker or any other business that does not hold an adult-use cannabis establishment license.
4. An adult-use cannabis retail store may contract with a third party or intermediary business to deliver cannabis or cannabis products only if:
(a) Every sale of cannabis or cannabis products which is delivered by the third party or intermediary business is made directly from the adult-use cannabis retail store or an Internet website, digital network or software application service of the adult-use cannabis retail store;
(b) The third party or intermediary business does not advertise that it sells, offers to sell or appears to sell cannabis or cannabis products or allows the submission of an order for cannabis or cannabis products;
(c) In addition to any other requirements imposed by the Board by regulation, the name of the adult-use cannabis retail store and all independent contractors who perform deliveries on behalf of the adult-use cannabis retail store has been published on the Internet website of the Board; and
(d) The delivery is made by a cannabis establishment agent who is authorized to make the delivery by the adult-use cannabis retail store by which he or she is employed.
(Added to NRS by 2019, 3838)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.440 - Requirements for transportation of cannabis intended for adult use and adult-use cannabis products; regulations.

1. An adult-use cannabis distributor may transport cannabis and cannabis products between an adult-use cannabis establishment and another adult-use cannabis establishment or between the buildings of an adult-use cannabis establishment.
2. An adult-use cannabis establishment shall not transport cannabis or cannabis products to an adult-use cannabis retail store unless the adult-use cannabis establishment holds an adult-use cannabis establishment license for an adult-use cannabis distributor.
3. An adult-use cannabis distributor shall not purchase or sell cannabis or cannabis products unless the adult-use cannabis distributor also holds an adult-use cannabis establishment license for a type of adult-use cannabis establishment authorized by law to purchase or sell cannabis or cannabis products.
4. An adult-use cannabis distributor may enter into an agreement or contract with an adult-use cannabis establishment for the transport of cannabis or cannabis products. Such an agreement or contract may include, without limitation, provisions relating to insurance coverage, climate control and theft by a third party or an employee.
5. An adult-use cannabis distributor, and each cannabis establishment agent employed by the adult-use cannabis distributor who is involved in the transportation, is responsible for cannabis and cannabis products once the adult-use cannabis distributor takes control of the cannabis or cannabis products and leaves the premises of an adult-use cannabis establishment.
6. The Board may adopt regulations establishing additional requirements for the operations of an adult-use cannabis distributor.
(Added to NRS by 2019, 3840)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.455 - Installation of ventilation and exhaust system; training of employees; submission of certain plans to Board; disposal of cannabis and cannabis products; compliance with local ordinances and rules and regulations of Board.

1. A cannabis consumption lounge shall:
(a) Install a ventilation and exhaust system which is capable of sufficiently expelling odors generated in the cannabis consumption lounge, reducing volatile organic compounds and maintaining the standards for air quality in the cannabis consumption lounge as set forth by regulation of the Board;
(b) Train each employee of the cannabis consumption lounge concerning paraphernalia, single-use cannabis products and ready-to-consume cannabis products, including, without limitation, the proper use of paraphernalia, the potency, absorption time and effects of single-use cannabis products and ready-to-consume cannabis products, the recognition of impairment from and overconsumption of cannabis and the safe handling of a customer who is impaired;
(c) Submit a security plan to the Board which, without limitation, provides for adequate security and lighting at the cannabis consumption lounge and for each entrance and exit of the cannabis consumption lounge to be adequately secured, and submit to the Board such updates to the plan as the Board may require;
(d) Submit a plan to the Board setting forth protocols and procedures to deter customers from driving under the influence of cannabis, and submit to the Board such updates to the plan as the Board may require;
(e) Submit a plan to the Board setting forth protocols and procedures to ensure that cannabis and cannabis products are not sold or otherwise distributed in the cannabis consumption lounge other than as authorized in this chapter, and submit to the Board such updates to the plan as the Board may require;
(f) Dispose of cannabis or cannabis products which are left at the cannabis consumption lounge in accordance with the procedures for disposal set forth by the regulations of the Board;
(g) Comply with all local ordinances and rules; and
(h) Comply with any requirements set forth by regulation of the Board.
2. As used in this section, "volatile organic compound" has the meaning ascribed to it in 40 C.F.R. § 51.100(s).
(Added to NRS by 2021, 2374)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.460 - Sales of food, beverages and certain other items authorized; provision of live entertainment authorized.

A cannabis consumption lounge may:
1. Sell food and beverages to customers of the cannabis consumption lounge;
2. Sell any other item which does not contain cannabis or cannabis products and is not intended for use with cannabis or cannabis products to customers of the cannabis consumption lounge; and
3. Provide live entertainment at the cannabis consumption lounge.
(Added to NRS by 2021, 2374)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.465 - Prohibited acts.

A cannabis consumption lounge shall not allow:
1. The consumption of cannabis or cannabis products at any place which is within view of a public place;
2. The entry of any person who is less than 21 years of age to the cannabis consumption lounge;
3. The consumption of any cannabis or cannabis product in the cannabis consumption lounge that is not a single-use cannabis product or ready-to-consume cannabis product; or
4. A single-use cannabis product or ready-to-consume cannabis product that was purchased at the cannabis consumption lounge to be removed from the premises of the cannabis consumption lounge.
(Added to NRS by 2021, 2375)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.470 - Retail cannabis consumption lounge: Authorized acts concerning acquisition, preparation and sale of single-use and ready-to-consume cannabis products; requirement to ensure only single-use or ready-to-consume cannabis products purchased from lounge are consumed in lounge.

1. A retail cannabis consumption lounge may:
(a) Obtain from the adult-use cannabis retail store to which the retail cannabis consumption lounge is attached or immediately adjacent:
(1) Single-use cannabis products for the purposes of resale; and
(2) Cannabis or cannabis products for the purposes of producing ready-to-consume cannabis products;
(b) Sell single-use cannabis products obtained pursuant to paragraph (a) to customers of the retail cannabis consumption lounge; and
(c) Prepare ready-to-consume cannabis products using cannabis obtained pursuant to paragraph (a) and sell such products to customers of the cannabis consumption lounge.
2. A retail cannabis consumption lounge shall ensure that only single-use cannabis products or ready-to-consume cannabis products that were purchased from the retail cannabis consumption lounge are consumed in the lounge.
(Added to NRS by 2021, 2375)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.475 - Independent cannabis consumption lounge: Requirement to enter into contract with adult-use cannabis retail store; authorized acts concerning acquisition, preparation and sale of single-use and ready-to-consume cannabis products; requirement to ensure only single-use or ready-to-consume cannabis products purchased from lounge are consumed in lounge; submission of contract to Board.

1. An independent cannabis consumption lounge shall enter into a contract with one or more adult-use cannabis retail stores to sell to the independent cannabis consumption lounge:
(a) Single-use cannabis products for the purpose of resale; and
(b) Cannabis and cannabis products for the purpose of preparing ready-to-consume cannabis products.
2. An independent cannabis consumption lounge which has entered into a contract pursuant to subsection 1 may:
(a) Sell single-use cannabis products obtained pursuant to subsection 1 to customers of the independent cannabis consumption lounge; and
(b) Prepare ready-to-consume cannabis products using cannabis and cannabis products obtained pursuant to subsection 1 and sell such products to customers of the independent cannabis consumption lounge.
3. An independent cannabis consumption lounge shall ensure that only single-use cannabis products or ready-to-consume cannabis products that were purchased from the independent cannabis consumption lounge are consumed in the lounge.
4. The Board may require an independent cannabis consumption lounge to submit a contract entered into pursuant to subsection 1 to the Board for review.
(Added to NRS by 2021, 2375)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.480 - Board to adopt regulations governing sale and consumption of single-use and ready-to-consume cannabis products at cannabis consumption lounge.

The Board shall adopt regulations governing the sale and consumption of single-use cannabis products and ready-to-consume cannabis products at a cannabis consumption lounge. Such regulations must, without limitation:
1. Prescribe a list of single-use cannabis products comprising each type of cannabis and adult-use cannabis product that the Board has determined to be appropriate for consumption at a cannabis consumption lounge;
2. Establish standards for the content, quality and potency of ready-to-consume cannabis products, including, without limitation, the maximum THC concentration for such products;
3. Prescribe procedures and protocols for the preparation and safe handling of ready-to-consume cannabis products to ensure that each such prepared product meets the standards established pursuant to subsection 1;
4. Establish requirements relating to the sale of ready-to-consume cannabis products, including, without limitation, requirements relating to notifications that must be provided to a purchaser of such a product at the time of sale; and
5. Set forth any other requirements concerning the preparation of ready-to-consume cannabis products and sale of single-use cannabis products and ready-to-consume cannabis products that the Board determines are necessary.
(Added to NRS by 2021, 2376)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.490 - Adult-use cannabis establishment deemed dual licensee; authorization to engage in activity relating to medical use of cannabis; regulations.

1. Each adult-use cannabis establishment shall be deemed to be a dual licensee for the purposes of this title and may engage in any activity relating to the medical use of cannabis in the same manner and to the same extent as if the adult-use cannabis establishment also held a medical cannabis establishment license of the same type for which the establishment holds an adult-use cannabis establishment license.
2. An adult-use cannabis establishment that engages in activities involving the medical use of cannabis pursuant to this section shall comply with all provisions of this title and the regulations adopted pursuant thereto applicable to a dual licensee, including, without limitation, any provisions governing the specific activity relating to the medical use of cannabis in which the establishment is engaged.
3. The Board may adopt any regulations necessary to carry out the provisions of this section.
(Added to NRS by 2023, 2570)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.500 - Regulations; information about consumers.

The Board may adopt regulations necessary or convenient to carry out the provisions of this chapter. Such regulations must not require a consumer to provide an adult-use cannabis retail store with personally identifiable information other than government-issued identification to determine the age of the consumer.
(Added to NRS by 2019, 3840)
2023 Nevada Revised Statutes › Chapter 678D - Adult Use of Cannabis › NRS 678D.510 - Effect of chapter.

1. The provisions of this chapter do not prohibit:
(a) A public or private employer from maintaining, enacting and enforcing a workplace policy prohibiting or restricting actions or conduct otherwise permitted under this chapter;
(b) A state or local governmental agency that occupies, owns or controls a building from prohibiting or otherwise restricting the consumption, cultivation, processing, manufacture, sale, delivery or transfer of cannabis in that building;
(c) A person who occupies, owns or controls a privately owned property from prohibiting or otherwise restricting the smoking, cultivation, processing, manufacture, sale, delivery or transfer of cannabis on that property; or
(d) A local government from adopting and enforcing local cannabis control measures pertaining to zoning and land use for adult-use cannabis establishments, including, without limitation, a measure which prohibits the operation of adult-use cannabis establishments.
2. Nothing in the provisions of this chapter shall be construed as in any manner affecting the provisions of chapter 678C of NRS relating to the medical use of cannabis.
(Added to NRS by 2019, 3836; A 2021, 2378)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.020 - Definitions.

As used in this Code, unless the context otherwise requires, the words and terms defined in NRS 679A.030 to 679A.130, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1971, 1557; A 1983, 1933; 1991, 1613; 1993, 1897; 2001, 2179; 2013, 3597)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.030 - "Authorized" and "unauthorized" insurer defined.

1. An "authorized" insurer is one authorized to transact insurance or reinsurance in this State under a subsisting certificate of authority issued by the Commissioner.
2. An "unauthorized" insurer is one not so authorized.
(Added to NRS by 1971, 1557; A 1987, 641)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.090 - "Domestic," "foreign" and "alien" insurer defined.

1. A "domestic" insurer is one:
(a) Formed under the laws of Nevada, unless it has converted into a foreign insurer; or
(b) Which has converted into a domestic insurer.
2. A "foreign" insurer is one:
(a) Formed under the laws of any jurisdiction other than this state, unless it has converted into a domestic insurer; or
(b) Which has converted into a foreign insurer.
3. An "alien" insurer is one formed under the laws of any country other than the United States of America or any of its states.
4. Except where distinguished by context, "foreign" insurer includes also "alien" insurer.
(Added to NRS by 1971, 1558; A 1983, 683)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.092 - "Federal Act" defined.

"Federal Act" means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to, or regulations or guidance issued pursuant to, those acts.
(Added to NRS by 2013, 3596)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.115 - "Premium" defined.

"Premium" means the consideration for insurance, by whatever name called. The term includes any "assessment," or any "membership," "policy," "survey," "inspection," "service" or similar fee or other charge assessed or collected by the insurer or an agent of the insurer in consideration for an insurance contract or its procurement.
(Added to NRS by 1981, 1141)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.118 - "Provider of insurance" defined.

"Provider of insurance" includes an insurer, producer of insurance, managing general agent, third-party administrator, organization composed of or using preferred providers of health care, health maintenance organization, commercial bank, trust company, savings and loan association, savings bank, credit union, thrift company, financial holding company, affiliate or subsidiary of an insurer or financial holding company, broker-dealer in securities, mortgage lender, and any other person engaged in the business of insurance.
(Added to NRS by 2001, 2179)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.130 - "Transacting insurance" defined.

In addition to other aspects of insurance operations to which provisions of this Code by their terms apply, "transact" with respect to a business of insurance includes any of the following, by mail or otherwise or whether or not for the purpose of profit:
1. Solicitation or inducement.
2. Negotiations.
3. Effectuation of a contract of insurance.
4. Transaction of matters subsequent to effectuation and arising out of such a contract.
(Added to NRS by 1971, 1559)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.140 - Purposes; construction.

1. The purposes of this Code are to:
(a) Protect policyholders and all having an interest under insurance policies;
(b) Implement the public interest in the business of insurance;
(c) Provide adequate standards of solidity of insurers, and of integrity and competence in conduct of their affairs in the home offices and in the field;
(d) Improve and thereby preserve state regulation of insurance;
(e) Insure that policyholders, claimants and insurers are treated fairly and equitably;
(f) Encourage full cooperation of the office of Commissioner with other regulatory bodies, both of this and other states and of the Federal Government;
(g) Insure that the State has an adequate and healthy insurance market characterized by competitive conditions and the exercise of initiative;
(h) Prevent misleading, unfair and monopolistic practices in insurance operations; and
(i) Continue to provide the State of Nevada with a comprehensive, modern and adequate body of law, in response to the McCarran Act (Public Law 15, 79th Congress, 15 U.S.C. §§ 1011 to 1015, inclusive), for the effective regulation and supervision of insurance business transacted within, or affecting interests of the people of this state.
2. The provisions of this Code shall be given reasonable and liberal construction for the fulfillment of these purposes.
(Added to NRS by 1971, 1559)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.160 - Application of Code to particular types of insurers.

Except as otherwise provided by specific statute, no provision of this Code applies to:
1. Fraternal benefit societies, as identified in chapter 695A of NRS, except as stated in chapter 695A of NRS.
2. Hospital, medical or dental service corporations, as identified in chapter 695B of NRS, except as stated in chapter 695B of NRS.
3. Motor clubs, as identified in chapter 696A of NRS, except as stated in chapter 696A of NRS.
4. Bail agents, as identified in chapter 697 of NRS, except as stated in NRS 680B.025 to 680B.039, inclusive, and chapter 697 of NRS.
5. Risk retention groups, as identified in chapter 695E of NRS, except as stated in chapter 695E of NRS.
6. Captive insurers, as identified in chapter 694C of NRS, with respect to their activities as captive insurers, except as stated in chapter 694C of NRS.
7. Health and welfare plans arising out of collective bargaining under chapter 288 of NRS, except that the Commissioner may review the plan to ensure that the benefits are reasonable in relation to the premiums and that the fund is financially sound.
8. Programs established pursuant to subsection 1 of NRS 315.725 and the entities administering those programs, except as stated in NRS 315.725.
(Added to NRS by 1971, 1560; A 1971, 1931; 1983, 712; 1987, 1333; 1993, 2381; 1995, 467; 1997, 299, 3374; 1999, 3217; 2011, 581)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.165 - Required manner of obtaining insurance.

A person who is required by statute to obtain insurance or any other type of security as a condition of licensure or conducting business must obtain the insurance or other security in the manner set forth in NRS 277.067, 277.069, 277.0695 or 315.725 or from an insurer who is licensed or otherwise allowed to transact insurance under this title.
(Added to NRS by 1993, 2380; A 2011, 581)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.180 - General penalty; penalty in addition to administrative discipline.

1. Unless the same is defined as a felony under any other law of this state, or punishment provided therefor classifies it otherwise, every violation of any provision of this Code is a misdemeanor.
2. Every penalty imposed by this Code shall be in addition to any applicable suspension, revocation or denial of a license or certificate of authority.
(Added to NRS by 1971, 1560)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.190 - Disciplinary proceeding, fine and penalty authorized after expiration or voluntary surrender of license or certificate issued pursuant to Code.

The expiration or voluntary surrender of a license or certificate issued pursuant to the provisions of this Code does not:
1. Prohibit the Commissioner from initiating or continuing a disciplinary proceeding against the holder of the license or certificate; or
2. Prevent the imposition or collection of any fine or penalty authorized pursuant to the provisions of this Code against the holder of the license or certificate.
(Added to NRS by 1999, 2783)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.200 - Prohibiting fee to include provider of health care on panel of providers; penalty; award of costs and attorney’s fees.

1. If an organization establishes a panel of providers of health care and makes the panel available for use by an insurer when offering health care services pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C of NRS, the organization shall not charge the insurer or a provider of health care:
(a) A fee to include the name of the provider on the panel of providers of health care; or
(b) Any other fee related to establishing a provider of health care as a provider for the organization.
2. If an organization violates the provisions of subsection 1, the organization shall pay to the insurer or provider of health care, as appropriate, an amount that is equal to twice the fee charged to the insurer or provider of health care.
3. A court shall award costs and reasonable attorney’s fees to the prevailing party in an action brought pursuant to this section.
4. In addition to any relief granted pursuant to this section, if an organization violates the provisions of subsection 1, and if an insurer offering health care services pursuant to chapter 689A, 689B, 689C, 695A, 695B or 695C of NRS has a contract with or otherwise uses the services of the organization, the Division shall require the insurer to suspend its performance under the contract or discontinue using those services until the organization, as determined by the Division:
(a) Complies with the provisions of subsection 1; and
(b) Refunds to all providers of health care any fees obtained by the organization in violation of subsection 1.
(Added to NRS by 2003, 3349)
2023 Nevada Revised Statutes › Chapter 679A - General Provisions › NRS 679A.210 - Prohibited provisions in policy of liability insurance relating to costs of defense, legal costs and fees and other expenses for claims.

Notwithstanding any other provision of law, an insurer, including, without limitation, an insurer listed in NRS 679A.160, shall not issue or renew a policy of liability insurance that contains a provision that:
1. Reduces the limit of liability stated in the policy by the costs of defense, legal costs and fees and other expenses for claims; or
2. Otherwise limits the availability of coverage for the costs of defense, legal costs and fees and other expenses for claims.
(Added to NRS by 2023, 1110)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.020 - Chief officer of Division; restrictions on other employment and certain political activities.

1. The chief officer of the Division is the Commissioner appointed as provided in NRS 232.820.
2. The Commissioner shall not:
(a) Except as otherwise provided in NRS 284.143, engage in any other occupation, business or activity that is in any way inconsistent with the performance of his or her duties as Commissioner;
(b) Hold any other public office;
(c) Directly or indirectly solicit or receive, or be in any manner concerned with soliciting or receiving, any assessment, subscription, contribution or service, whether voluntary or involuntary, for any political purpose whatever, from any person within or without the State; or
(d) Act as an officer or manager for any candidate, political party or committee organized to promote the candidacy or any person for any public office.
(Added to NRS by 1971, 1561; A 1991, 1614; 1993, 1897; 1997, 621)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.030 - Qualifications.

1. The Commissioner shall have had at least 2 years’ responsible experience in the field of insurance, including, but not limited to, one or more of the following endeavors: Administration, sales, law, counseling and education.
2. The Commissioner shall not be a stockholder in or directly or indirectly connected with the management or affairs of any insurance company or insurance brokerage or agency.
(Added to NRS by 1971, 1931)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.060 - Office space.

The Buildings and Grounds Section of the State Public Works Division of the Department of Administration shall furnish the Division with suitable office space for the performance of its duties.
(Added to NRS by 1971, 1561; A 1973, 1478; 1991, 1614; 1993, 1897; 1995, 579)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.080 - Designation of acting Commissioner; powers and duties of deputies; restrictions on other employment of deputies.

1. The Director of the Department of Business and Industry shall designate an acting Commissioner when the Office of Commissioner is vacant or when the Commissioner is unable to perform his or her duties because of mental or physical disability.
2. The Commissioner shall designate one of his or her deputies to serve as acting Commissioner in the Commissioner’s absence.
3. The deputies have such powers and duties as the Commissioner delegates and assigns to them.
4. Except as otherwise provided in NRS 284.143, the deputies shall devote their full time to the Division.
(Added to NRS by 1971, 1561; A 1983, 1460; 1985, 447; 1991, 1614; 1993, 1897; 1995, 2318)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.090 - Employment and classification of assistants and examiners; contracts for certain services or assistance; regulations.

1. The Commissioner may employ such other technical, actuarial, rating, clerical and other assistants and examiners as may reasonably be required for execution of the duties of the Commissioner, each of whom must be in the classified service of the State.
2. The Commissioner may contract for and procure services of examiners and other or additional specialized technical or professional assistance, as independent contractors or for a fee, as may reasonably be required. None of the persons providing those services or assistance on contract or for a fee may be in the classified service of the State.
3. The Commissioner may contract with a person outside the Division for administering examinations, processing applications for licenses and collecting fees.
4. The Commissioner may adopt regulations to carry out the provisions of subsections 2 and 3.
(Added to NRS by 1971, 1562; A 1975, 352; 1983, 1126; 1985, 447, 1367; 2001, 2180)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.100 - Prohibited interests of Commissioner, deputy or employee; penalty.

1. The Commissioner, his or her deputy or any examiner, assistant or employee of the Division shall not be connected with the management or be a stockholder, or be otherwise financially interested in any insurer, insurance holding company or its parent, subsidiaries or affiliates, insurance agency or broker, insurance trade association, premium finance company, adjuster or other licensee under this Code, or be pecuniarily interested in any insurance transaction except as a policyholder or claimant under a policy, except that as to matters wherein a conflict of interests does not exist on the part of any such person, the Commissioner may employ or retain from time to time insurance actuaries, examiners, accountants, attorneys or other technicians who are independently practicing their professions even though from time to time similarly employed or retained by insurers or others.
2. Subsection 1 does not prohibit:
(a) Receipt by any such person of fully vested commissions or fully vested retirement benefits to which he or she is entitled by reason of services performed before becoming Commissioner or before employment by the Commissioner;
(b) Investment in shares of regulated diversified investment companies; or
(c) Mortgage loans made under customary terms and in the ordinary course of business.
3. Any person knowingly violating this section is guilty of a misdemeanor.
(Added to NRS by 1971, 1562; A 1971, 1932; 1991, 1614; 1993, 1897)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.110 - Delegation of powers.

1. The Commissioner may delegate to his or her deputy, examiner or an employee of the Division the exercise or discharge in the Commissioner’s name of any power, duty or function, whether ministerial, discretionary or of whatever character, vested in or imposed upon the Commissioner.
2. The official act of any such person acting in the Commissioner’s name and by his or her authority shall be deemed an official act of the Commissioner.
(Added to NRS by 1971, 1563; A 1991, 1615; 1993, 1898)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.115 - Limitation on civil liability for publication of certain reports or bulletins; effect of provision.

1. The Commissioner and the employees of the Division, in the absence of fraud or bad faith, are not subject to civil liability for publishing any report or bulletin related to the official activities of the Commissioner or the Division.
2. This section does not abrogate or modify any privilege or immunity which applies to the Commissioner or the employees of the Division.
(Added to NRS by 1985, 1063; A 1991, 1615; 1993, 1898)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.120 - General powers and duties of Commissioner.

The Commissioner shall:
1. Organize and manage the Division, and direct and supervise all its activities;
2. Execute the duties imposed upon him or her by this Code;
3. Enforce the provisions of this Code;
4. Have the powers and authority expressly conferred upon him or her by or reasonably implied from the provisions of this Code;
5. Conduct such examinations and investigations of insurance matters, in addition to examinations and investigations expressly authorized, as he or she may deem proper upon reasonable and probable cause to determine whether any person has violated any provision of this Code or to secure information useful in the lawful enforcement or administration of any such provision; and
6. Have such additional powers and duties as may be provided by other laws of this State.
(Added to NRS by 1971, 1563; A 1979, 630; 1991, 1615; 1993, 1898)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.122 - Entry into or compliance with cooperative or coordination agreements; sharing or receipt of confidential documents.

1. In addition to the authority conferred upon him or her pursuant to NRS 679B.120, the Commissioner may:
(a) Enter into and comply with any cooperative or coordination agreement with any governmental entity within or outside this state relating to the regulation and administration of insurance and persons who are materially involved in the business of insurance;
(b) Share any document, material or other information, including any document, material or information that is confidential or privileged, with any state, federal or international regulatory, law enforcement or legislative agency, and the National Association of Insurance Commissioners and any of its affiliates or subsidiaries, if the recipient of the document, material or other information agrees:
(1) To ensure that the document, material or other information remains confidential and privileged; and
(2) To submit to the jurisdiction of the courts of this state if the recipient violates a provision of subparagraph (1); and
(c) Receive any document, material or other information from any agency, association, affiliate or subsidiary specified in paragraph (b). The Commissioner shall ensure that any document, material or information received pursuant to this paragraph remains confidential if the document, material or information is provided to the Commissioner with a notice or the understanding that it is confidential or privileged under the laws of the jurisdiction from which it is submitted.
2. The sharing or receipt of any document, material or other information by the Commissioner pursuant to this section does not waive any applicable privilege or claim of confidentiality in the document, material or other information.
(Added to NRS by 2003, 3275)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.123 - Issuance of reciprocal licenses for health carriers licensed in certain other states; regulations.

1. The Commissioner may allow reciprocal licenses to be issued to health carriers licensed to do business in Arizona, California, Idaho, Oregon and Utah to enable said health carriers to do business in Nevada without completing a separate application for a certificate of authority in Nevada, other than a petition for recognition of their respective state’s license with the grant of a reciprocal Nevada license.
2. The Commissioner may adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations to establish any fees the Commissioner deems appropriate to carry out the provisions of subsection 1.
(Added to NRS by 2019, 1433)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.125 - Observation of conduct of persons in insurance business; regulations.

The Commissioner may observe the conduct of each authorized insurer and other persons who have a direct material involvement with the insurance business to ensure that:
1. An unqualified, disqualified or unsuitable person is not involved in insurance; and
2. The insurance business is not conducted in an unsuitable manner.
The Commissioner shall, by regulation, define the terms "unsuitable person" and "unsuitable manner" for use in carrying out the provisions of this section and NRS 679B.310 and 680A.200.
(Added to NRS by 1991, 807)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.127 - Participation in program providing counseling to elderly persons concerning health insurance; regulations.

1. The Commissioner may participate in a program which provides counseling to elderly persons concerning health insurance, including a program established pursuant to 42 U.S.C. § 1395b-4.
2. The Commissioner may adopt regulations necessary to carry out the provisions of this section.
(Added to NRS by 1993, 2381)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.129 - Creation of program for insurers to provide incentives to property owners to take measures to mitigate risk of property loss or damage caused by wildfire; consultation with State Forester Firewarden.

1. The Commissioner may create a program for insurers to provide incentives to promote and encourage property owners to take measures to mitigate the risk of property loss or damage caused by wildfire.
2. If the Commissioner creates a program pursuant to subsection 1, the Commissioner must consult with the State Forester Firewarden in determining the mitigation measures that will be included in the program.
(Added to NRS by 2021, 488)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.130 - Regulations: Administration of Code and compliance with federal law relating to insurance; penalties for violation.

1. The Commissioner may adopt reasonable regulations:
(a) For the administration of any provision of this Code, NRS 287.04335 or chapters 616A to 617, inclusive, of NRS; or
(b) As required to ensure compliance by the Commissioner with any federal law or regulation relating to insurance.
2. A person who willfully violates any regulation of the Commissioner is subject to such suspension or revocation of a certificate of authority or license, or administrative fine in lieu of such suspension or revocation, as may be applicable under this Code or chapter 616A, 616B, 616C, 616D or 617 of NRS for violation of the provision to which the regulation relates. No penalty applies to any act done or omitted in good faith in conformity with any such regulation, notwithstanding that the regulation may, after the act or omission, be amended, rescinded or determined by a judicial or other authority to be invalid for any reason.
(Added to NRS by 1971, 1563; A 1977, 97; 1995, 2048; 2001, 2938; 2003, 3276)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.133 - Regulations: Requirements regarding use of identification cards and devices to process claims for prescription drugs and devices.

1. If a health care plan that provides coverage for prescription drugs or devices issues a single identification card or other device to an insured that contains information solely needed to process a claim for a prescription drug or device, the card or other device must conform to the requirements of the National Council for Prescription Drug Programs set forth in the
NCPDP Pharmacy ID Card Implementation Guide
that are consistent with applicable regulations adopted pursuant to the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, as they may be amended from time to time, or must contain at least the following elements:
(a) The name or logo of the administrator issuing the card or device.
(b) The insured’s identification number, which must be displayed on the front side of the card or device.
(c) The name and address of the administrator to which prescription claims that are not processed electronically or correspondence should be sent.
(d) The telephone number that providers may call for assistance concerning pharmacy benefits.
(e) Complete information concerning routing of electronic transactions, including, without limitation, the international identification number and, if required by the administrator to process the claim, the processing control number and group number.
The information on the card or device must be arranged in a manner that corresponds both in content and form to the content and form required by the plan to process the claim.
2. The Commissioner shall adopt such regulations as are necessary to carry out the provisions of this section.
3. As used in this section:
(a) "Administrator" has the meaning ascribed to it in NRS 683A.025, and includes a pharmacy benefits manager.
(b) "Health care plan" has the meaning ascribed to it in NRS 679B.520.
(Added to NRS by 2001, 838)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.135 - Regulations: Protections to purchasers, prospective purchasers, holders and former holders of policies.

The Commissioner may adopt regulations which provide in substance the same protections to purchasers, prospective purchasers, holders and former holders of policies and other evidence of insurance as are provided in the Insurance Information and Privacy Protection Model Act, as amended in December 1980, of the National Association of Insurance Commissioners.
(Added to NRS by 1981, 1860)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.136 - Regulations: Use of electronic signatures; acceptance and transmission of electronic records and payments; electronic filing of forms and payment of fees; storage and reproduction of records.

1. The Commissioner shall adopt regulations governing:
(a) The use of electronic signatures, and the acceptance and transmission of electronic records and payments, including transactions involving claims and other transactions relating to insurance; and
(b) The electronic filing of forms and payment of fees, and the storage and reproduction of records, filed with the Division.
2. As used in this section:
(a) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic or similar capabilities.
(b) "Electronic record" means a record created, generated, sent, communicated, received or stored by electronic means.
(c) "Electronic signature" means an electronic sound, symbol or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.
(d) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
(e) "Transaction" means an action or set of actions occurring between two or more persons relating to the transaction of business, commercial or governmental affairs.
(Added to NRS by 2001, 2180; A 2011, 3348)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.138 - Regulations: Use of uniform claim forms and billing codes; transfer of electronic data.

1. The Commissioner shall adopt regulations which require the use of uniform claim forms and billing codes and the ability to make compatible electronic data transfers for all insurers and administrators authorized to conduct business in this state relating to a health care plan or health insurance or providing or arranging for the provision of health care services, including, without limitation, an insurer that issues a policy of health insurance, an insurer that issues a policy of group health insurance, a carrier serving small employers, a fraternal benefit society, a hospital or medical service corporation, a health maintenance organization, a plan for dental care and a prepaid limited health service organization. The regulations must include, without limitation, a uniform billing format to be used for the submission of claims to such insurers and administrators.
2. As used in this section:
(a) "Administrator" has the meaning ascribed to it in NRS 683A.025.
(b) "Health care plan" means a policy, contract, certificate or agreement offered or issued by an insurer to provide, deliver, arrange for, pay for or reimburse any of the costs of health care services.
(Added to NRS by 1999, 3042; A 2001, 2728)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.139 - Regulations governing plans for providing welfare benefits to employees of more than one employer; examination of insurer.

1. The Commissioner may adopt regulations governing plans for providing welfare benefits to employees of more than one employer. The regulations must provide standards requiring the maintenance of specified levels of reserves and specified levels of contributions which any such plan, or any trust established under such a plan, must meet. If a plan does not meet the standards, no benefits may be paid under the plan.
2. The Commissioner may conduct an examination of any insurer which administers a plan for providing welfare benefits to employees of more than one employer to determine whether the insurer is complying with the Commissioner’s regulations. The cost of the examination must be borne by the insurer in the manner provided in NRS 679B.290. If the Commissioner determines that the insurer is not complying with the Commissioner’s regulations, the Commissioner shall require the insurer not to pay benefits under the plan.
3. As used in this section, the term "plan for providing welfare benefits for employees of more than one employer" is intended to be equivalent to the term "employee welfare benefit plan which is a multiple employer welfare arrangement" as used in federal statutes and regulations.
(Added to NRS by 1985, 606)
2023 Nevada Revised Statutes › Chapter 679B - Commissioner of Insurance › NRS 679B.140 - Orders and notices: Effectivity; contents of orders; methods of provision.

1. Orders and notices of the Commissioner are effective only when in writing signed by the Commissioner or by the authority of the Commissioner.
2. Except as otherwise expressly provided by law as to particular orders, every order of the Commissioner must state its effective date, and concisely state:
(a) Its intent or purpose;
(b) The grounds on which it is based; and
(c) The provisions of this Code pursuant to which action is taken or proposed to be taken but failure to so designate a particular provision does not deprive the Commissioner of the right to rely thereon.
3. Except as otherwise provided as to particular procedures, an order or notice may be given by delivery to the person to be ordered or notified, or by mailing it, postage prepaid, addressed to that person at his or her principal place of business or residence as last of record in the Division. The order or notice shall be deemed to have been given when deposited with the United States Postal Service, and of which the affidavit of the person who so mailed the order or notice is prima facie evidence.
(Added to NRS by 1971, 1564; A 1987, 734; 1991, 1615; 1993, 1898)