reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.898 - Financial planning, records and reports

Current through June 11, 2024
A provider of jobs and day training services shall:
1. Have a financial plan which ensures that
			 there will be sufficient resources to meet the costs for training and support
			 for persons receiving jobs and day training services from the
			 provider;
2. Maintain adequate
			 financial records, including, without limitation, financial records which
			 demonstrate compliance with the Fair Labor Standards Act of 1938,
			 29
			 U.S.C. §§
									201 et seq.;
			 and
3. Submit to the Division any
			 financial report:
(a) Which the Division
			 requests in writing; and
(b) The
			 need for which is explained by the Division.
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.900 - Evaluation of capacity of provider to meet needs of person for support; assessment for development of individualized habilitation plan; exception

Current through June 11, 2024
1. A provider of jobs and day training
			 services may not provide jobs and day training services to a person until the
			 individual support team has evaluated the capacity of the provider to meet the
			 needs of the person for support, except as otherwise provided in subsection
			 4.
2. The evaluation must include
			 an interim plan for habilitation to support the needs of the person relating to
			 health and welfare.
3. Not later
			 than 30 days after a provider of jobs and day training services begins
			 providing jobs and day training services to a person, the provider shall
			 complete an assessment for the purpose of developing an individualized plan for
			 habilitation for the person. The assessment must describe the interests and
			 skills of the person who is receiving jobs and day training services and
			 recommend a level of supervision for the person.
4. In an urgent situation, a provider of jobs
			 and day training services may accept a person for the provision of jobs and day
			 training services for a period of not more than 5 working days before
			 completing the evaluation, if the Division approves the acceptance of the
			 person under such urgent circumstances.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.905 - Administration of medication

Current through June 11, 2024
1. Except as
			 otherwise provided in subsection 2, a provider of jobs and day training
			 services who is a natural person or an employee or independent contractor of a
			 provider of jobs and day training services shall not administer medication to
			 any person who is receiving jobs and day training services from the provider
			 pursuant to a written service authorization received pursuant to NAC
			 435.855.
2. The provisions of
			 subsection 1 do not apply to an employee, independent contractor or
			 subcontractor of a provider of jobs and day training services who is authorized
			 to administer medication pursuant to the employee's, independent contractor's
			 or subcontractor's licensure or certification as a health care
			 professional.
3. As used in this
			 section, "health care professional" means any person who engages in acts
			 related to the treatment of human ailments or conditions and who is subject to
			 licensure, certification or regulation by any provision of title 54 of
			 NRS.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.910 - Eligibility of provider for payment from Division; exception

Current through June 11, 2024
1. A provider of jobs and day training
			 services is eligible to receive payment from the Division for the provision of
			 jobs and day training services to each person who is receiving jobs and day
			 training services for the period when the person is present for jobs and day
			 training services.
2. A provider of
			 jobs and day training services that is reimbursed at a daily rate must be
			 available to provide those services for at least 6 hours per day, including
			 lunch and a period for rest.
3. A
			 provider of jobs and day training services that is a nonprofit organization is
			 eligible to receive payment from the Division for 5 days per year for programs
			 for the development of the employees and independent contractors of the
			 provider.
4. A provider of jobs and
			 day training services is not eligible to receive payment from the Division for
			 providing jobs and day training services to persons with intellectual
			 disabilities and persons with developmental disabilities who would otherwise
			 qualify for care or training programs offered by the public schools or by
			 county welfare programs.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.915 - Reporting and use of gifts, bequests, grants or income

Current through June 11, 2024
1. A
			 provider of jobs and day training services must report to the Division the
			 source of any gift, bequest, grant or income other than funding by the Division
			 and the Federal Government and payment on behalf of a person who is receiving
			 jobs and day training services.
2.
			 A provider of jobs and day training services may use such income to augment the
			 stipend paid by the Division in order to provide supplemental services to
			 persons receiving jobs and day training services.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.920 - Statement of intent to enter into contract between provider of services and county and school officials and public and private agencies

Current through June 11, 2024
At least 10 days before entering into a contract pursuant to
				NRS
				435.310, a provider of jobs and day training
				services must provide the Division with a statement of its intent to enter into
				the contract.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.925 - Maintenance of records: Evidence of use of services; evidence of compliance with industrial insurance provisions; personnel files; inspection by Division

Current through June 11, 2024
1. A provider of jobs and day training
			 services shall maintain:
(a) Evidence of the
			 use of the services described in subsection 2 of NAC 435.890;
(b) If applicable, evidence of compliance
			 with chapters 616A to 616D, inclusive, of NRS; and
(c) A separate personnel file for each
			 employee and independent contractor of the provider. The personnel file must
			 include, without limitation:
(1) Evidence that
			 the employee or independent contractor has obtained any license, certificate or
			 registration, and possesses the experience and qualifications, required for the
			 position held by that person;
(2)
			 Evidence that the provider has complied with NAC 435.893 and 435.895 with
			 regard to the employee or independent contractor, including, without
			 limitation:
(I) A copy of the fingerprints
			 that were submitted to the Central Repository for Nevada Records of Criminal
			 History or proof of electronic fingerprint submission and a copy of the written
			 authorization that was provided by the employee or independent
			 contractor;
(II) Proof that the
			 fingerprints of the employee or independent contractor were submitted to the
			 Central Repository for Nevada Records of Criminal History; and
(III) Any other documentation of the
			 information collected or received pursuant to NAC 435.893; and
(3) An acknowledgment that has
			 been signed by the employee or independent contractor indicating that he or she
			 has:
(I) Received and understands the policies
			 and procedures of the provider; and
(II) Received the training required pursuant
			 to NAC 435.890.
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.930 - Maintenance of records: Separate record for each person receiving services; availability for review

Current through June 11, 2024
A provider of jobs and day training services shall keep a
				separate record regarding each person for whom the provider provides jobs and
				day training services. Each such record must include the information needed for
				providing jobs and day training services, for substantiating billing, for
				planning and for periodic reevaluation of the needs of the person who is
				receiving jobs and day training services. The record must be available for
				review by the person who is receiving jobs and day training services and the
				Division or a regional center.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.935 - Retention of certain records; contents of administrative and fiscal records; availability for review

Current through June 11, 2024
1. A provider of
			 jobs and day training services must retain:
(a) The original records of each person who
			 receives jobs and day training services from the provider pursuant to NAC
			 435.930, or photographic reproductions of such records, for at least 6 years
			 after termination of the provision of the jobs and day training services to the
			 person; and
(b) Administrative and
			 fiscal records as provided in the written provider contract entered into and
			 the written service authorizations received pursuant to NAC 435.855.
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.940 - Right of person receiving services to file complaint; resolution of complaint; final decision

Current through June 11, 2024
1. A person has the
			 right to file a complaint against a provider of jobs and day training services
			 with the regional center from the region in which the services are
			 provided.
2. If the regional center
			 is unable to resolve the complaint to the satisfaction of the complainant, the
			 complainant may forward the complaint to the Administrator or a designee
			 thereof. The Administrator or a designee thereof will review the complaint and
			 render a decision concerning the complaint within 30 calendar days after
			 receipt of the complaint.
3. The
			 decision of the Administrator or a designee thereof rendered pursuant to this
			 section is a final decision.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.945 - Grounds for suspension or denial of certificate; plan of improvement; imposition of sanctions; suspension, reduction or reimbursement of contractual payment; appeal; final decision

Current through June 11, 2024
1. If the Division
			 or a regional center determines pursuant to a quality assurance review that
			 there are any deficiencies in the provision of jobs and day training services
			 relating to the health or welfare of persons receiving such services, the
			 Division may suspend or deny the issuance of a certificate and request a
			 written plan of improvement from the provider of jobs and day training services
			 or recommend or require changes concerning the provision of jobs and day
			 training services after providing a statement of deficiencies to the provider
			 and before issuing, renewing or reinstating a certificate. The provider shall
			 develop a plan of improvement for each deficiency and submit the plan to the
			 Division for approval within 15 days after receipt of the statement of
			 deficiencies.
2. The Division may
			 impose sanctions upon a provider of jobs and day training services for:
(a) Any deficiency concerning the provision
			 of jobs and day training services that may cause imminent risk of harm or which
			 poses a probable risk of harm to the health or welfare of persons receiving
			 jobs and day training services;
(b)
			 A lack of personnel who are sufficient in number or qualifications to provide
			 adequate support and services for persons receiving jobs and day training
			 services;
(c) Any refusal to
			 participate in any aspect of a quality assurance review or any other review or
			 investigation by the Division or a regional center; or
(d) The failure or refusal of the provider to
			 implement or maintain any actions required by the Division or a regional center
			 to correct a deficiency identified during a quality assurance review or any
			 other review or investigation by the Division or a regional center.
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.955 - Notice of intent to revoke provisional certificate or certificate

Current through June 11, 2024
The Division shall give a provider of jobs and day training
				services written notice of any intended action to revoke the provisional
				certificate or the certificate of the provider. The notice must be sent by
				certified mail to the address of the provider on file with the Division at
				least 30 calendar days before the action is taken.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.960 - Termination of services pending revocation of provisional certificate or certificate

Current through June 11, 2024
If a revocation of the provisional certificate or the
				certificate of a provider of jobs and day training services is pending and the
				Division determines that the grounds for the revocation place any person at an
				imminent or probable risk of harm, the Division may immediately terminate the
				provision of jobs and day training services by the provider.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 435 - Persons With Mental Retardation and Related Conditions › JOBS AND DAY TRAINING SERVICES › Section 435.965 - Revocation of provisional certificate or certificate: Request for hearing; appeal; final decision

Current through June 11, 2024
1. To be afforded a
			 hearing on an intended revocation of a provisional certificate or a
			 certificate, the provider of jobs and day training services must, within 15
			 calendar days after receiving notice of the intent to revoke, file with the
			 Division a written request for a hearing.
2. When a decision to revoke a provisional
			 certificate or a certificate is rendered by the Division, the provider of jobs
			 and day training services may appeal that decision to the Administrator or a
			 designee thereof if the provider files with the Division a written notice of
			 appeal within 15 calendar days after receiving notice of the decision of the
			 Division.
3. The Administrator or a
			 designee thereof will consider an appeal and render his or her decision on the
			 appeal within 30 calendar days after a notice of the appeal is filed with the
			 Division.
4. The decision of the
			 Administrator or a designee thereof concerning an appeal filed pursuant to this
			 section is a final decision for the purposes of judicial review.
Added to NAC
				by Men. Hygiene & Men. Retardation Div. by
				R145-16A,
				eff. 4/30/2018; A by
				R145-16, eff. 5-16-2018
NRS
				  435.220
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.010 - Definitions

Current through June 11, 2024
As used in this chapter, unless the context otherwise requires:
1. "Administrator" means the Administrator of the Division.
2. "Board" means the board of directors of a community mental health center.
3. "Division" means the Division of Mental Health and Developmental Services of the Department of Health and Human Services.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule I, eff. 4-3-72
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.020 - Board of directors

Current through June 11, 2024
A community mental health center, established under chapter 436 of NRS, must have a board of directors of not less than seven nor more than 45 members, broadly representative of the community, including recipients and family members of recipients of community mental health services and whose membership shall not include more than 49 percent of persons employed in mental health sciences or related professions.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule II, eff. 4-3-72
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.030 - Director of center

Current through June 11, 2024
1. A board of directors shall appoint a director to serve as chief executive officer of the community mental health center. The local director is accountable to the board of directors of the community mental health center.
2. The director of the community mental health center must meet the minimum administrative qualifications required for the administrators of mental health and mental retardation centers by the state personnel system.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule III + Rule IV, eff. 4-3-72
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.040 - Application for funding

Current through June 11, 2024
To be eligible for funding, a center must file an application with the administrator. The application must include the following information:
1. The name and address of the center.
2. The name, address and qualifications of the director of the center.
3. An outline of the services to be provided by the center.
4. An affidavit that the center is a nonsectarian and nonprofit organization under the Internal Revenue Code of 1954 as amended.
5. Certification of incorporation as a nonsectarian and nonprofit corporation.
6. A complete and detailed proposed financial statement for the operations for the coming year, including allocations for salaries, operating costs, transportation and equipment.
7. Proof of coverage under the state industrial insurance system.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule V, eff. 4-3-72
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.050 - Duties of centers

Current through June 11, 2024
Community mental health centers shall:
1. Encourage the development of new mental health services;
2. Promote the expansion of existing mental health services; and
3. Provide services to persons with mental retardation in the catchment area either through establishment of separate services or through written agreement with existing agencies.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule VII, eff. 4-3-72
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.080 - Discrimination prohibited

Current through June 11, 2024
No person may, on the grounds of race, color, sex, creed or national origin, be excluded from, denied the benefits of or be otherwise subjected to discrimination by facilities operated in accordance with this chapter.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule XVI, eff. 4-3-72
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.090 - Fees

Current through June 11, 2024
1. Centers may charge a fee for services, but if they do so, it must be on a sliding scale with a zero dollar minimum.
2. Fees must be based on the ability of the patient and the patient's relatives to pay.
3. Any center which establishes such a fee schedule shall file the schedule with the division for review and approval.
4. Any fees for services which are collected must be included in the money raised and budgeted by the center.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule XII + Rule XIII, eff. 4-3-72
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.100 - Plan for proposed program and expenditures

Current through June 11, 2024
A center shall submit annually to the administrator a plan for its proposed program and expenditures, which the administrator shall review to determine its compliance with standards. Actual expenditures are subject to reimbursement in accordance with this chapter and chapter 436 of NRS.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule VIII, eff. 4-3-72
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.110 - Reimbursement: Application, licensing as prerequisites

Current through June 11, 2024
1. Applications to qualify as a community mental health center for the purpose of reimbursement must be submitted to the administrator before midnight of the following dates:
(a) June 1;
(b) September 1;
(c) December 1; or
(d) March 1.
Nevada Administrative Code › Chapter 436 - Community Programs for Mental Health › Section 436.120 - Reimbursement: Review, approval of expenditures

Current through June 11, 2024
Reimbursement will be made on a quarterly basis after a review of the report of expenditures by the administrator and approval of a committee of the advisory board appointed for this purpose.
Men. Hygiene & Men. Retardation Div., Local Centers, Rule XV, eff. 4-3-72
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 1 - NEW

Current through June 11, 2024
1. The Division will charge a facility,
		  hospital, agency, program or home or an intermediary service organization a fee
		  of not more than $14 per application to conduct an investigation into the
		  background and personal history of a person pursuant to
		  NRS
		  439.942 to
		  439.948, inclusive.
2. A facility, hospital, agency, program or
		  home or an intermediary service organization may recover the cost of a fee
		  assessed pursuant to subsection 1 from the person subject to the
		  investigation.
3. As used in this
		  section:
(a) "Facility, hospital, agency,
		  program or home" has the meaning ascribed to it in
		  NRS
		  449.119.
(b) "Intermediary service organization" has
		  the meaning ascribed to it in
		  NRS
		  449.4304.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 2 - NEW

Current through June 11, 2024
As used in sections 2 to 40, inclusive, unless the context
			 otherwise requires, the words and terms defined in sections 3 to 8, inclusive
			 have the meanings ascribed to them in those sections.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 2.1 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
		  section and section 3, each facility described in subsection 3 of
		  NRS
		  439.4929 and each provider of health care
		  described in subsection 4 of that section shall report the information
		  prescribed by subsection 3 of this section to the Chief Medical Officer on a
		  paper or electronic form prescribed by the Chief Medical Officer.
2. A facility or provider of health care
		  shall submit a report pursuant to subsection 1 for each patient for whom:
(a) The facility or provider of health care
		  diagnoses a case of sickle cell disease and its variants; or
(b) Sickle cell disease and its variants is
		  the primary complaint of the patient, as documented in the description of the
		  diagnosis of the patient in the record of the patient by the use of a code
		  established in the
International Classification of Diseases, Tenth
		  Revision, Clinical Modification
, adopted by the National Center for
		  Health Statistics and the Centers for Medicare and Medicaid Services, or the
		  code used in any successor classification system adopted by the National Center
		  for Health Statistics and the Centers for Medicare and Medicaid Services, for
		  which "sickle cell" is listed in the description of the diagnosis.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 2.2 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
		  section, each facility described in subsection 3 of
		  NRS
		  439.4976 and each provider of health care
		  described in subsection 4 of that section shall report the information
		  prescribed by subsection 3 of this section to the Chief Medical Officer on a
		  paper or electronic form prescribed by the Chief Medical Officer.
2. A facility or provider of health care
		  shall submit a report pursuant to subsection 1 for each patient for whom:
(a) The facility or provider of health care
		  diagnoses a case of lupus and its variants; or
(b) Lupus and its variants is the primary
		  complaint of the patient, as documented in the description of the diagnosis of
		  the patient in the record of the patient by the use of a code established in
		  the
International Classification of Diseases, Tenth Revision, Clinical
		  Modification
, adopted by the National Center for Health Statistics and
		  the Centers for Medicare and Medicaid Services, or the code used in any
		  successor classification system adopted by the National Center for Health
		  Statistics and the Centers for Medicare and Medicaid Services, for which
		  "lupus" is listed in the description of the diagnosis.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 2.3 - NEW

Current through June 11, 2024
As used in sections 2 to 8, inclusive, unless the context
			 otherwise requires, the words and terms defined in sections 3, 4 and 5 have the
			 meanings ascribed to them in those sections.
Added
			 to NAC by Bd. of Health by
			 R035-22A,
			 eff. 9/18/2023
NRS
				439.532
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 3 - NEW

Current through June 11, 2024
"Distance media" means video, computer, television or any other
			 means that allows a person to communicate with another person from a remote
			 location.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 3.1 - NEW

Current through June 11, 2024
1. A facility described in subsection 3 of
		  NRS
		  439.4929 or a provider of health care
		  described in subsection 4 of that section may request that the Division
		  abstract the information prescribed by section 2 from the records of the
		  facility or the provider. Such a request must be made before the date by which
		  the facility or provider is required by subsection 5 of section 2 to report the
		  information.
2. The Division shall
		  charge a facility or a provider of health care from whom information is
		  abstracted pursuant to this section a fee of $50 for each hour of time spent by
		  an employee of the Division to abstract the information.
Added
			 to NAC by Bd. of Health by
			 R107-22A,
			 eff. 7/31/2023
NRS
				439.150,
				439.200,
				439.4933
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 3.2 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
		  2, a record of a patient in the system for the reporting of information on
		  lupus and its variants established pursuant to
		  NRS
		  439.4976 is confidential.
2. The Chief Medical Officer may disclose
		  information from the record of a patient in the system for the reporting of
		  information on lupus and its variants established pursuant to
		  NRS
		  439.4976 to:
(a) The patient to whom the record pertains
		  and any legal representative of such a patient;
(b) The hospital, medical laboratory, other
		  facility or provider of health care who reported the information or from whom
		  the record was abstracted;
(c) Any
		  other hospital, medical laboratory, other facility or provider of health care
		  that participated in treating the patient or any registry associated with such
		  a hospital, medical laboratory, other facility or provider of health
		  care;
(d) A registry maintained by
		  another governmental entity in the United States that enters into an agreement
		  with the Chief Medical Officer concerning the use of the information that
		  ensures the confidentiality of the information; or
(e) A qualified researcher whom the Division
		  determines will conduct valid scientific research with the information and who:
(1) Enters into an agreement with the Chief
		  Medical Officer concerning the use of the information that ensures the
		  confidentiality of the information; and
(2) Pays a fee of $200 or the actual cost to
		  the Division of providing the information to the researcher, whichever is
		  greater.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 3.3 - NEW

Current through June 11, 2024
"Hemp product" means a commodity or product containing hemp which
			 is intended for human consumption or any other commodity or product that
			 purports to contain cannabidiol with a THC concentration that does not exceed
			 the maximum THC concentration established by federal law.
Added
			 to NAC by Bd. of Health by
			 R035-22A,
			 eff. 9/18/2023
NRS
				439.532
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 4 - NEW

Current through June 11, 2024
"Division" means the Division of Public and Behavioral Health of
			 the Department of Health and Human Services.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 4.1 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
		  2, a record of a patient in the system for the reporting of information on
		  sickle cell disease and its variants established pursuant to
		  NRS
		  439.4929 is confidential.
2. The Chief Medical Officer may disclose
		  information from the record of a patient in the system for the reporting of
		  information on sickle cell disease and its variants established pursuant to
		  NRS
		  439.4929 to:
(a) The patient to whom the record pertains
		  and any legal representative of such a patient;
(b) The hospital, medical laboratory, other
		  facility or provider of health care who reported the information or from whom
		  the record was abstracted;
(c) Any
		  other hospital, medical laboratory, other facility or provider of health care
		  that participated in treating the patient or any registry associated with such
		  a hospital, medical laboratory, other facility or provider of health
		  care;
(d) A registry maintained by
		  another governmental entity in the United States that enters into an agreement
		  with the Chief Medical Officer concerning the use of the information that
		  ensures the confidentiality of the information; or
(e) A qualified researcher whom the Division
		  determines will conduct valid scientific research with the information and who:
(1) Enters into an agreement with the Chief
		  Medical Officer concerning the use of the information that ensures the
		  confidentiality of the information; and
(2) Pays a fee of $200 or the actual cost to
		  the Division of providing the information to the researcher, whichever is
		  greater.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 4.2 - NEW

Current through June 11, 2024
"Process" means to manufacture, store for distribution, package
			 or repackage a hemp product.
Added
			 to NAC by Bd. of Health by
			 R035-22A,
			 eff. 9/18/2023
NRS
				439.532
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 5 - NEW

Current through June 11, 2024
"Offender" means a person who has been ordered pursuant to
			 NRS
			 4.373 or
			 5.055 to actively participate in
			 a program.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 5.1 - NEW

Current through June 11, 2024
"Processor" means a person or entity who processes a hemp
			 product.
Added
			 to NAC by Bd. of Health by
			 R035-22A,
			 eff. 9/18/2023
NRS
				439.532
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 6 - NEW

Current through June 11, 2024
"Participant" means a person who participates in a program,
			 regardless of whether the person is an offender.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 6.1 - NEW

Current through June 11, 2024
1. Unless federal law or regulation otherwise
		  requires, a person shall not sell or offer for sale a hemp product that is
		  processed in this State unless the hemp product:
(a) Has been determined by the United States
		  Food and Drug Administration to be safe or generally recognized as safe for use
		  as an ingredient in food intended for human consumption;
(b) Has been tested by an independent testing
		  laboratory in accordance with section 7;
(c) Is processed in accordance with all
		  applicable federal and state laws and regulations, including, without
		  limitation, any applicable provisions of Title 21 of the Code of Federal
		  Regulations; and
(d) Is labeled in
		  accordance with all applicable federal and state laws and regulations,
		  including, without limitation, any applicable provisions of Title 21 of the
		  Code of Federal Regulations and chapters 446 and 585 of NRS.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 7 - NEW

Current through June 11, 2024
"Program" means a program for the treatment of persons who
			 solicit prostitution that is certified by the Division pursuant to section 9 or
			 11.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 7.1 - NEW

Current through June 11, 2024
1. A hemp product that is processed, sold or
		  offered for sale in this State must be tested by an independent testing
		  laboratory certified by the Cannabis Compliance Board pursuant to
		  NRS
		  678B.290 in the same manner as an equivalent
		  marijuana product is required by the regulations adopted pursuant to
		  NRS
		  678B.290 to be tested. In addition to any
		  other test required by that section, the testing must include, without
		  limitation, an analysis of:
(a) The THC
		  content of the hemp product on a dry weight basis; and
(b) The content of any other cannabinoid or
		  terpenoid that is listed in the ingredients of the product or on the product
		  labeling.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 8 - NEW

Current through June 11, 2024
"Program facilitator" means a person approved by the Division
			 pursuant to section 27 to perform the duties set forth in sections 2 to 40,
			 inclusive.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 8.1 - NEW

Current through June 11, 2024
1. A consumer or a public agency may submit
		  to:
(a) The health authority a complaint
		  alleging that a hemp product that is a food or dietary supplement and is
		  processed, sold or offered for sale in this State does not meet a requirement
		  prescribed by section 6 or is adulterated as described in that
		  section.
(b) The Commissioner a
		  complaint alleging that a hemp product that is a drug or cosmetic and is
		  processed, sold or offered for sale in this State does not meet a requirement
		  prescribed by section 6 or is adulterated as described in that
		  section.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 9 - NEW

Current through June 11, 2024
1. Except as otherwise provided in section
		  11, to obtain the certification of a program, the person or governmental entity
		  that operates the program must apply to the Division in the form prescribed by
		  the Division and pay the fee required by section 15. The application must be
		  signed by the director of the program or his or her designee and must include,
		  without limitation:
(a) The name, address,
		  telephone number and electronic mail address of the program.
(b) The name and address of the person or
		  governmental entity that operates the program or, if the program is operated by
		  a corporation, the name of each:
(1) Officer
		  or director of the corporation; and
(2) Person who owns 10 percent or more of the
		  shares of the corporation.
(c) The name of the director of the program
		  and proof that the director meets the qualifications prescribed by section
		  25.
(d) The name of each program
		  facilitator employed or retained by the program as an independent contractor
		  and proof that each program facilitator has been approved by the Division
		  pursuant to section 27.
(e) A copy
		  of the curriculum and instructional materials developed pursuant to section 17
		  for use in the program or proof that the program has permission to use the
		  curriculum and instructional materials currently being used by another program
		  which has previously been approved by the Division. Such proof:
(1) May include, without limitation, a copy
		  of a license, contract or written permission authorizing such use;
		  and
(2) Must demonstrate that the
		  program operated by the person or governmental entity has permission to use the
		  curriculum and instructional materials for the entire period during which the
		  program is certified.
(f)
		  The business identification number assigned by the Secretary of State pursuant
		  to NRS
		  225.082 or evidence that the program is
		  exempt from the requirement to obtain a state business license.
(g) Proof that the program holds any business
		  license required by the county or city in which the program is
		  located.
(h) A statement signed by
		  the director of the program or his or her designee attesting that the program
		  meets the requirements of sections 2 to 40, inclusive.
(i) Any other information requested by the
		  Division.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 10 - NEW

Current through June 11, 2024
1. A person or governmental entity that
		  operates a program may apply to the Division in the form prescribed by the
		  Division for permission to operate an additional location. The application must
		  be accompanied by the fee required by section 15 and must include, without
		  limitation:
(a) The name and certification
		  number of the program;
(b) The name
		  of the director of the program;
(c)
		  The name of each program facilitator employed or retained by the
		  program;
(d) An attestation that
		  the program will use the same curriculum and instructional materials as used at
		  its existing location;
(e) The
		  address of the additional location at which the program proposes to operate;
		  and
(f) Any other information
		  requested by the Division.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 11 - NEW

Current through June 11, 2024
1. A person or governmental entity that
		  operates a program may apply to the Division for certification by endorsement
		  if the program is:
(a) Licensed, certified or
		  similarly credentialed by a regulatory authority of another state, the District
		  of Columbia, Puerto Rico, the United States Virgin Islands or any territory or
		  insular possession subject to the jurisdiction of the United States for the
		  treatment of persons who solicit prostitution; or
(b) Nationally recognized for the treatment
		  of persons who solicit prostitution, as determined by the Division.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 12 - NEW

Current through June 11, 2024
1. A person or governmental entity that
		  operates a program shall notify the Division in the form prescribed by the
		  Division not more than 30 days after any information submitted pursuant to
		  section 9, 10 or 11 changes. Such changes may include, without limitation:
(a) Different ownership of the
		  program;
(b) A new name for the
		  program;
(c) Relocation of the
		  program;
(d) The discontinuance of
		  the program;
(e) A different
		  director of the program;
(f) A new
		  telephone number or electronic mail address for the program; or
(g) Any other change to the information
		  provided about the program.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 13 - NEW

Current through June 11, 2024
1. A person or governmental entity that
		  operates a program may renew a certification issued pursuant to section 9 by
		  applying to the Division in the form prescribed by the Division and paying the
		  fee required by section 15. The application must be signed by the director of
		  the program or his or her designee and must include, without limitation:
(a) An attestation that the program employs a
		  director who meets the requirements set forth in section 25;
(b) An attestation that the program employs
		  or retains at least two program facilitators who meet the requirements set
		  forth in section 26; and
(c) Any
		  other information requested by the Division.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 15 - NEW

Current through June 11, 2024
The Division shall charge and collect the following fees:
1. For an initial application for a certificate, other
						  than a certificate by
						  endorsement............................................................................................................
$897
2. For the renewal of a certificate, other than a
						  certificate by endorsement...................................
449
3. For an initial application for a certificate by
						  endorsement...................................
224
4. For the renewal of a certificate by
						  endorsement....................................................
112
5. For an application to operate at an additional
						  location........................................
245
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.150,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 16 - NEW

Current through June 11, 2024
A person or governmental entity that operates a program shall
			 ensure that the program:
1.
		  Establishes a sliding scale to be used in charging offenders for participation
		  in the program that is based upon the ability of the offender to pay for the
		  program.
2. Does not exclude an
		  offender from participating in the program solely because of the inability of
		  the offender to pay for the program.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 17 - NEW

Current through June 11, 2024
1. The curriculum and instructional materials
		  used by a program must be developed in accordance with evidence-based practices
		  and must include, without limitation, instruction concerning:
(a) Male and female gender
		  socialization;
(b) The continuum of
		  sexual violence;
(c) Pimping and
		  trafficking;
(d) Domestic
		  violence;
(e) Power and violence,
		  including, without limitation, acknowledgement that prostitution is a form of
		  gender-based violence and is not a victimless crime;
(f) Vulnerability;
(g) Mutuality in relationships;
(h) Building and maintaining the will to
		  change behavior;
(i) The cycle of
		  violent or abusive behavior;
(j)
		  Beliefs of persons who solicit prostitution and myths relating to inequality
		  among genders;
(k) Accountability
		  for engaging in gender-based violence;
(l) Pornography and the negative impacts of
		  pornography;
(m) Sexual
		  objectification;
(n) Personal and
		  cultural attitudes toward the opposite gender;
(o) Cultural and societal motivation for
		  gender-based violence, including, without limitation, values and beliefs
		  related to gender-based violence;
(p) Skills for improving personal
		  relationships;
(q) The ability to
		  share power and decision-making equally in a personal relationship;
(r) Using a model for personal relationships
		  that:
(1) Is based on nonviolence and
		  equality; and
(2) Incorporates the
		  concepts of accountability for a person's own behavior, negotiation, fairness
		  and equality concerning economic issues;
(s) Toxic and healthy masculinity;
		  and
(t) Identifying signs of a
		  relapse in negative behavior and methods of preventing relapse.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 18 - NEW

Current through June 11, 2024
A person or governmental entity that operates a program shall
			 ensure that a program facilitator monitors each participant in the program. The
			 program facilitator shall:
1. Evaluate
		  the participant before the participant participates in any of the group
		  counseling sessions required by section 19. The evaluation must include,
		  without limitation:
(a) A history of the
		  participant engaging in violence, abuse or neglect, including, without
		  limitation, solicitation of prostitution, domestic violence, elder abuse, child
		  abuse, sexual abuse or any other violence;
(b) Observations concerning the mental
		  condition of the participant, if determined appropriate by the program
		  facilitator;
(c) The medical and
		  psychological history of the participant, including, without limitation, any
		  violence, abuse or neglect experienced by the participant as a child, the
		  impact of the violence, abuse or neglect, as applicable, on the participant and
		  his or her family and any other history determined to be relevant by the
		  program facilitator;
(d) A
		  description of any substance use disorder experienced by the participant and
		  the effect of that substance use disorder on the participant and his or her
		  family; and
(e) Any social or
		  cultural history of the participant that is relevant to his or her solicitation
		  of prostitution.