Nevada Code § 449.0302

Board to adopt standards, qualifications and other regulations. [Effective through June 30, 2026.]
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1. The Board shall adopt:
(a) Licensing standards for each class of medical
facility or facility for the dependent covered by NRS 449.029 to 449.2428 , inclusive, and for programs of
hospice care.
(b) Regulations governing the licensing of such
facilities and programs.
(c) Regulations governing the procedure and
standards for granting an extension of the time for which a natural person may
provide certain care in his or her home without being considered a residential
facility for groups pursuant to NRS 449.017 .
The regulations must require that such grants are effective only if made in
writing.
(d) Regulations establishing a procedure for the
indemnification by the Division, from the amount of any surety bond or other
obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069 , of a patient of the facility who
has sustained any damages as a result of the bankruptcy of or any breach of
contract by the facility.
(e) Regulations that prescribe the specific types
of discrimination prohibited by NRS 449.101 .
(f) Regulations requiring a hospital or
independent center for emergency medical care to provide training to each
employee who provides care to victims of sexual assault or attempted sexual
assault concerning appropriate care for such persons, including, without
limitation, training concerning the requirements of NRS 449.1885 .
(g) Any other regulations as it deems necessary
or convenient to carry out the provisions of NRS
449.029 to 449.2428 , inclusive.
2. The Board shall adopt separate
regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the
day; and
(b) Residential facilities for groups,
which
provide care to persons with Alzheimers disease or other severe dementia, as
described in paragraph (a) of subsection 2 of NRS 449.1845 .
3. The Board shall adopt separate
regulations for:
(a) The licensure of rural hospitals and rural emergency
hospitals which take into consideration the unique problems of operating such a
facility in a rural area.
(b) The licensure of facilities for refractive
surgery which take into consideration the unique factors of operating such a
facility.
(c) The licensure of mobile units which take into
consideration the unique factors of operating a facility that is not in a fixed
location.
4. The Board shall require that the
practices and policies of each medical facility or facility for the dependent
provide adequately for the protection of the health, safety and physical, moral
and mental well-being of each person accommodated in the facility.
5. In addition to the training
requirements prescribed pursuant to NRS
449.093 , the Board shall establish minimum qualifications for
administrators and employees of residential facilities for groups. In
establishing the qualifications, the Board shall consider the related standards
set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate
regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled
substances or dangerous drugs by employees of residential facilities for
groups. The regulations must require at least the following conditions before
such assistance may be given:
(a) The ultimate users physical and mental
condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at
a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or
registered nurse has been established that:
(1) Addresses possession and assistance in
the administration of the medication; and
(2) Includes a plan, which has been
prepared under the supervision of a registered nurse or licensed pharmacist,
for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the
regulations adopted pursuant to NRS
449.0304 , the prescribed medication is not administered by injection or
intravenously.
(e) The employee has successfully completed
training and examination approved by the Division regarding the authorized
manner of assistance.
7. The Board shall adopt separate
regulations governing the licensing and operation of residential facilities for
groups which provide assisted living services. The Board shall not allow the
licensing of a facility as a residential facility for groups which provides
assisted living services and a residential facility for groups shall not claim
that it provides assisted living services unless:
(a) Before authorizing a person to move into the
facility, the facility makes a full written disclosure to the person regarding
what services of personalized care will be available to the person and the
amount that will be charged for those services throughout the residents stay
at the facility.
(b) The residents of the facility reside in their
own living units which:
(1) Except as otherwise provided in
subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom;
and
(3) Are shared with another occupant only
upon consent of both occupants.
(c) The facility provides personalized care to
the residents of the facility and the general approach to operating the
facility incorporates these core principles:
(1) The facility is designed to create a
residential environment that actively supports and promotes each residents
quality of life and right to privacy;
(2) The facility is committed to offering
high-quality supportive services that are developed by the facility in
collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of
creative and innovative services that emphasize the particular needs of each
individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its
interaction with its residents supports, to the maximum extent possible, each
residents need for autonomy and the right to make decisions regarding his or
her own life;
(5) The operation of the facility is
designed to foster a social climate that allows the resident to develop and
maintain personal relationships with fellow residents and with persons in the
general community;
(6) The facility is designed to minimize
and is operated in a manner which minimizes the need for its residents to move
out of the facility as their respective physical and mental conditions change
over time; and
(7) The facility is operated in such a
manner as to foster a culture that provides a high-quality environment for the
residents, their families, the staff, any volunteers and the community at
large.
8. The Division may grant an exception
from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a
facility which is licensed as a residential facility for groups on or before
July 1, 2005, and which is authorized to have 10 or fewer beds and was
originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would
result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the
health or welfare of any resident of the facility;
(2) Result in more than two residents
sharing a toilet facility; or
(3) Otherwise impair substantially the
purpose of that requirement.
9. The Board shall, if it determines
necessary, adopt regulations and requirements to ensure that each residential
facility for groups and its staff are prepared to respond to an emergency,
including, without limitation:
(a) The adoption of plans to respond to a natural
disaster and other types of emergency situations, including, without
limitation, an emergency involving fire;
(b) The adoption of plans to provide for the
evacuation of a residential facility for groups in an emergency, including,
without limitation, plans to ensure that nonambulatory patients may be
evacuated;
(c) Educating the residents of residential
facilities for groups concerning the plans adopted pursuant to paragraphs (a)
and (b); and
(d) Posting the plans or a summary of the plans
adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each
residential facility for groups.
10. The regulations governing the
licensing and operation of facilities for transitional living for released
offenders must provide for the licensure of at least three different types of
facilities, including, without limitation:
(a) Facilities that only provide a housing and
living environment;
(b) Facilities that provide or arrange for the
provision of supportive services for residents of the facility to assist the
residents with reintegration into the community, in addition to providing a
housing and living environment; and
(c) Facilities that provide or arrange for the
provision of programs for alcohol and other substance use disorders, in
addition to providing a housing and living environment and providing or
arranging for the provision of other supportive services.
The
regulations must provide that if a facility was originally constructed as a
single-family dwelling, the facility must not be authorized for more than eight
beds.
11. The Board shall adopt regulations
applicable to providers of community-based living arrangement services which:
(a) Except as otherwise provided in paragraph
(b), require a natural person responsible for the operation of a provider of
community-based living arrangement services and each employee of a provider of
community-based living arrangement services who supervises or provides support
to recipients of community-based living arrangement services to complete
training concerning the provision of community-based living arrangement
services to persons with mental illness and continuing education concerning the
particular population served by the provider;
(b) Exempt a person licensed or certified
pursuant to title 54 of NRS from the requirements prescribed pursuant to
paragraph (a) if the Board determines that the person is required to receive
training and continuing education substantially equivalent to that prescribed
pursuant to that paragraph;
(c) Require a natural person responsible for the
operation of a provider of community-based living arrangement services to
receive training concerning the provisions of title 53 of NRS applicable to the
provision of community-based living arrangement services; and
(d) Require an applicant for a license to provide
community-based living arrangement services to post a surety bond in an amount
equal to the operating expenses of the applicant for 2 months, place that amount
in escrow or take another action prescribed by the Division to ensure that, if
the applicant becomes insolvent, recipients of community-based living
arrangement services from the applicant may continue to receive community-based
living arrangement services for 2 months at the expense of the applicant.
12. The Board shall adopt separate
regulations governing the licensing and operation of freestanding birthing
centers. Such regulations must:
(a) Align with the standards established by the
American Association of Birth Centers, or its successor organization, the
accrediting body of the Commission for the Accreditation of Birth Centers, or
its successor organization, or another nationally recognized organization for
accrediting freestanding birthing centers; and
(b) Allow the provision of supervised training to
providers of health care, as appropriate, at a freestanding birthing center.
13. If the regulations adopted pursuant to
this section require a physical examination to be performed on a patient or the
medical history of a patient to be obtained before or after the patient is
admitted to a hospital, those regulations must authorize a certified
nurse-midwife to perform such a physical examination or obtain such a medical
history before or after a patient is admitted to a hospital for the purpose of
giving birth.
14. As used in this section:
(a) Certified nurse-midwife means a person who
is:
(1) Certified as a Certified Nurse-Midwife
by the American Midwifery Certification Board, or its successor organization;
and
(2) Licensed as an advanced practice registered
nurse pursuant to NRS 632.237 .
(b) Living unit means an individual private
accommodation designated for a resident within the facility.
NRS 449.0302 Board to adopt standards,
qualifications and other regulations. [Effective July 1, 2026.]
1. The Board shall adopt:
(a) Licensing standards for each class of medical
facility or facility for the dependent covered by NRS 449.029 to 449.2428 , inclusive, and for programs of
hospice care.
(b) Regulations governing the licensing of such
facilities and programs.
(c) Regulations governing the procedure and
standards for granting an extension of the time for which a natural person may
provide certain care in his or her home without being considered a residential
facility for groups pursuant to NRS 449.017 .
The regulations must require that such grants are effective only if made in
writing.
(d) Regulations establishing a procedure for the
indemnification by the Division, from the amount of any surety bond or other
obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069 , of a patient of the facility who
has sustained any damages as a result of the bankruptcy of or any breach of
contract by the facility.
(e) Regulations that prescribe the specific types
of discrimination prohibited by NRS 449.101 .
(f) Regulations requiring a hospital or
independent center for emergency medical care to provide training to each
employee who provides care to victims of sexual assault or attempted sexual
assault concerning appropriate care for such persons, including, without
limitation, training concerning the requirements of NRS 449.1885 .
(g) Any other regulations as it deems necessary
or convenient to carry out the provisions of NRS
449.029 to 449.2428 , inclusive.
2. The Board shall adopt separate
regulations governing the licensing and operation of:
(a) Facilities for the care of adults during the
day; and
(b) Residential facilities for groups,
which
provide care to persons with Alzheimers disease or other severe dementia, as
described in paragraph (a) of subsection 2 of NRS 449.1845 .
3. The Board shall adopt separate
regulations for:
(a) The licensure of rural hospitals and rural emergency
hospitals which take into consideration the unique problems of operating such a
facility in a rural area.
(b) The licensure of facilities for refractive
surgery which take into consideration the unique factors of operating such a
facility.
(c) The licensure of mobile units which take into
consideration the unique factors of operating a facility that is not in a fixed
location.
4. The Board shall require that the
practices and policies of each medical facility or facility for the dependent
provide adequately for the protection of the health, safety and physical, moral
and mental well-being of each person accommodated in the facility.
5. In addition to the training
requirements prescribed pursuant to NRS
449.093 , the Board shall establish minimum qualifications for
administrators and employees of residential facilities for groups. In
establishing the qualifications, the Board shall consider the related standards
set by nationally recognized organizations which accredit such facilities.
6. The Board shall adopt separate
regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled
substances or dangerous drugs by employees of residential facilities for
groups. The regulations must require at least the following conditions before
such assistance may be given:
(a) The ultimate users physical and mental
condition is stable and is following a predictable course.
(b) The amount of the medication prescribed is at
a maintenance level and does not require a daily assessment.
(c) A written plan of care by a physician or
registered nurse has been established that:
(1) Addresses possession and assistance in
the administration of the medication; and
(2) Includes a plan, which has been
prepared under the supervision of a registered nurse or licensed pharmacist,
for emergency intervention if an adverse condition results.
(d) Except as otherwise authorized by the
regulations adopted pursuant to NRS
449.0304 , the prescribed medication is not administered by injection or
intravenously.
(e) The employee has successfully completed
training and examination approved by the Division regarding the authorized
manner of assistance.
7. The Board shall adopt separate
regulations governing the licensing and operation of residential facilities for
groups which provide assisted living services. The Board shall not allow the
licensing of a facility as a residential facility for groups which provides
assisted living services and a residential facility for groups shall not claim
that it provides assisted living services unless:
(a) Before authorizing a person to move into the
facility, the facility makes a full written disclosure to the person regarding
what services of personalized care will be available to the person and the
amount that will be charged for those services throughout the residents stay
at the facility.
(b) The residents of the facility reside in their
own living units which:
(1) Except as otherwise provided in
subsection 8, contain toilet facilities;
(2) Contain a sleeping area or bedroom;
and
(3) Are shared with another occupant only
upon consent of both occupants.
(c) The facility provides personalized care to
the residents of the facility and the general approach to operating the
facility incorporates these core principles:
(1) The facility is designed to create a
residential environment that actively supports and promotes each residents
quality of life and right to privacy;
(2) The facility is committed to offering
high-quality supportive services that are developed by the facility in
collaboration with the resident to meet the residents individual needs;
(3) The facility provides a variety of
creative and innovative services that emphasize the particular needs of each
individual resident and the residents personal choice of lifestyle;
(4) The operation of the facility and its
interaction with its residents supports, to the maximum extent possible, each
residents need for autonomy and the right to make decisions regarding his or
her own life;
(5) The operation of the facility is
designed to foster a social climate that allows the resident to develop and
maintain personal relationships with fellow residents and with persons in the
general community;
(6) The facility is designed to minimize
and is operated in a manner which minimizes the need for its residents to move
out of the facility as their respective physical and mental conditions change
over time; and
(7) The facility is operated in such a
manner as to foster a culture that provides a high-quality environment for the
residents, their families, the staff, any volunteers and the community at
large.
8. The Division may grant an exception
from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a
facility which is licensed as a residential facility for groups on or before
July 1, 2005, and which is authorized to have 10 or fewer beds and was
originally constructed as a single-family dwelling if the Division finds that:
(a) Strict application of that requirement would
result in economic hardship to the facility requesting the exception; and
(b) The exception, if granted, would not:
(1) Cause substantial detriment to the
health or welfare of any resident of the facility;
(2) Result in more than two residents
sharing a toilet facility; or
(3) Otherwise impair substantially the
purpose of that requirement.
9. The Board shall, if it determines
necessary, adopt regulations and requirements to ensure that each residential
facility for groups and its staff are prepared to respond to an emergency,
including, without limitation:
(a) The adoption of plans to respond to a natural
disaster and other types of emergency situations, including, without
limitation, an emergency involving fire;
(b) The adoption of plans to provide for the
evacuation of a residential facility for groups in an emergency, including,
without limitation, plans to ensure that nonambulatory patients may be
evacuated;
(c) Educating the residents of residential
facilities for groups concerning the plans adopted pursuant to paragraphs (a)
and (b); and
(d) Posting the plans or a summary of the plans
adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each
residential facility for groups.
10. The regulations governing the
licensing and operation of facilities for transitional living for released
offenders must provide for the licensure of at least three different types of
facilities, including, without limitation:
(a) Facilities that only provide a housing and
living environment;
(b) Facilities that provide or arrange for the
provision of supportive services for residents of the facility to assist the
residents with reintegration into the community, in addition to providing a
housing and living environment; and
(c) Facilities that provide or arrange for the
provision of programs for alcohol and other substance use disorders, in
addition to providing a housing and living environment and providing or
arranging for the provision of other supportive services.
The
regulations must provide that if a facility was originally constructed as a
single-family dwelling, the facility must not be authorized for more than eight
beds.
11. The Board shall adopt regulations
applicable to providers of community-based living arrangement services which:
(a) Except as otherwise provided in paragraph
(b), require a natural person responsible for the operation of a provider of
community-based living arrangement services and each employee of a provider of
community-based living arrangement services who supervises or provides support
to recipients of community-based living arrangement services to complete
training concerning the provision of community-based living arrangement
services to persons with mental illness and continuing education concerning the
particular population served by the provider;
(b) Exempt a person licensed or certified
pursuant to title 54 of NRS from the requirements prescribed pursuant to
paragraph (a) if the Board determines that the person is required to receive
training and continuing education substantially equivalent to that prescribed
pursuant to that paragraph;
(c) Require a natural person responsible for the
operation of a provider of community-based living arrangement services to
receive training concerning the provisions of title 53 of NRS applicable to the
provision of community-based living arrangement services; and
(d) Require an applicant for a license to provide
community-based living arrangement services to post a surety bond in an amount
equal to the operating expenses of the applicant for 2 months, place that amount
in escrow or take another action prescribed by the Division to ensure that, if
the applicant becomes insolvent, recipients of community-based living
arrangement services from the applicant may continue to receive community-based
living arrangement services for 2 months at the expense of the applicant.
12. The Board shall adopt separate
regulations governing the licensing and operation of freestanding birthing
centers. Such regulations must:
(a) Align with the standards established by the
American Association of Birth Centers, or its successor organization, the
accrediting body of the Commission for the Accreditation of Birth Centers, or
its successor organization, or another nationally recognized organization for
accrediting freestanding birthing centers; and
(b) Allow the provision of supervised training to
providers of health care, as appropriate, at a freestanding birthing center.
13. If the regulations adopted pursuant to
this section require a physical examination to be performed on a patient or the
medical history of a patient to be obtained before or after the patient is
admitted to a hospital, those regulations must authorize a certified
nurse-midwife to perform such a physical examination or obtain such a medical
history before or after a patient is admitted to a hospital for the purpose of
giving birth.
14. The Board shall adopt regulations
governing the licensing and operation of providers of rehabilitative
residential mental health care, which must include, without limitation,
separate requirements for providers providing such care to minors and providers
providing such care to adults.
15. As used in this section:
(a) Certified nurse-midwife means a person who
is:
(1) Certified as a Certified Nurse-Midwife
by the American Midwifery Certification Board, or its successor organization;
and
(2) Licensed as an advanced practice
registered nurse pursuant to NRS 632.237 .
(b) Living unit means an individual private
accommodation designated for a resident within the facility.

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