Text of NV AB 267 (2023)

Revises provisions governing cultural competency training. (BDR 40-820)

Back to the bill page

Legislative text is a public record. Where LegiScan supplied it, the CC BY 4.0 credit applies.

Source: LegiScan. Bill data and text from LegiScan (legiscan.com), licensed CC BY 4.0 and used in modified form. LegiScan does not endorse the Trans Data Initiative. License: CC BY 4.0(opens another site). Source page(opens another site)

As introduced

43,777 characters

Open the printed bill (PDF)

A.B. 267 - *AB267* ASSEMBLY BILL NO. 267–ASSEMBLYMEN TORRES; D’SILVA, DURAN, GONZÁLEZ, BRITTNEY MILLER AND NGUYEN MARCH 7, 2023 ____________ JOINT SPONSORS: SENATORS DONATE, FLORES; AND NGUYEN ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions governing cultural competency training. (BDR 40-820) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to healthcare; revising provisions relating to the requirement that certain medical facilities conduct training of agents and employees in cultural competency; requiring the Office of Minority Health and Equity of the Department of Health and Human Services to establish, maintain and distribute a list of courses and programs relating to cultural competency that certain medical facilities are required to use to conduct training of certain agents and employees; increasing the number of hours of instruction relating to cultural competency that certain mental health professionals are required to complete; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that the State Board of Health shall require, by 1 regulation, a medical facility, facility for the dependent and certain other facilities 2 to conduct training relating specifically to cultural competency for any agent or 3 employee of the facility so that such an agent or employee may better understand 4 patients or residents who have different cultural backgrounds, including, without 5 limitation, patients or residents who are: (1) from various racial and ethnic 6 backgrounds; (2) from various religious backgrounds; (3) persons with various 7 sexual orientations and gender identities or expressions; (4) children and senior 8 citizens; (5) persons with a mental or physical disability; and (6) part of any other 9 population that such an agent or employee may need to better understand. Such 10 training relating to cultural competency must be provided through a course or 11 – 2 – - *AB267* program that is approved by the Department of Health and Human Services. (NRS 12 449.103) Section 1 of this bill eliminates the requirement for the Board to adopt 13 such regulations and provides instead that such facilities are required to conduct 14 such training. Section 1 further: (1) provides that the courses and programs on 15 cultural competency must be approved by the Office of Minority Health and Equity 16 of the Department of Health and Human Services; and (2) requires the Office to 17 establish and maintain a list of such courses and programs and ensure that the list is 18 distributed to each facility required to conduct the training on cultural competency. 19 Existing law requires, as a prerequisite for the renewal of a license, a physician, 20 physician assistant, nurse, psychologist, marriage and family therapist, clinical 21 professional counselor, social worker or behavior analyst to complete at least 2 22 hours of instruction relating to cultural competency and diversity, equity and 23 inclusion. (NRS 630.253, 632.343, 633.471, 641.220, 641A.260, 641B.280, 24 641D.360) Existing law requires, as a prerequisite for the renewal of a license or 25 certificate, a clinical alcohol and drug counselor or problem gambling counselor to 26 complete at least 1 hour of instruction relating to cultural competency and diversity, 27 equity and inclusion. (NRS 641C.450) Sections 2-9 of this bill instead require such 28 persons to complete at least 6 hours of instruction relating to cultural competency 29 and diversity, equity and inclusion. 30 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 449.103 is hereby amended to read as follows: 1 449.103 1. To enable an agent or employee of a medical 2 facility, facility for the dependent or facility which is otherwise 3 required by regulations adopted by the Board pursuant to NRS 4 449.0303 to be licensed who provides care to a patient or resident of 5 the facility to more effectively treat patients or care for residents, as 6 applicable, [the Board shall, by regulation, require] such a facility 7 [to] shall conduct training relating specifically to cultural 8 competency for any agent or employee of the facility who provides 9 care to a patient or resident of the facility so that such an agent or 10 employee may better understand patients or residents who have 11 different cultural backgrounds, including, without limitation, 12 patients or residents who are: 13 (a) From various racial and ethnic backgrounds; 14 (b) From various religious backgrounds; 15 (c) Persons with various sexual orientations and gender 16 identities or expressions; 17 (d) Children and senior citizens; 18 (e) Persons with a mental or physical disability; and 19 (f) Part of any other population that such an agent or employee 20 may need to better understand, as determined by the Board. 21 2. The training relating specifically to cultural competency 22 conducted by a medical facility, facility for the dependent or facility 23 [which is otherwise required by regulations adopted by the Board 24 pursuant to NRS 449.0303 to be licensed] pursuant to subsection 1 25 – 3 – - *AB267* must be provided through a course or program that is approved by 1 the Office of Minority Health and Equity of the Department of 2 Health and Human Services. 3 3. The Office of Minority Health and Equity shall: 4 (a) Establish and maintain a list of the courses and programs 5 that are approved for training relating to cultural competency 6 pursuant to subsection 2; and 7 (b) Ensure that the list established and maintained pursuant to 8 paragraph (a) is distributed to each medical facility, facility for the 9 dependent or other facility which is required to conduct training 10 relating specifically to cultural competency pursuant to 11 subsection 1. 12 Sec. 2. NRS 630.253 is hereby amended to read as follows: 13 630.253 1. The Board shall, as a prerequisite for the: 14 (a) Renewal of a license as a physician assistant; or 15 (b) Biennial registration of the holder of a license to practice 16 medicine, 17  require each holder to submit evidence of compliance with the 18 requirements for continuing education as set forth in regulations 19 adopted by the Board. 20 2. These requirements: 21 (a) May provide for the completion of one or more courses of 22 instruction relating to risk management in the performance of 23 medical services. 24 (b) Must provide for the completion of a course of instruction, 25 within 2 years after initial licensure, relating to the medical 26 consequences of an act of terrorism that involves the use of a 27 weapon of mass destruction. The course must provide at least 4 28 hours of instruction that includes instruction in the following 29 subjects: 30 (1) An overview of acts of terrorism and weapons of mass 31 destruction; 32 (2) Personal protective equipment required for acts of 33 terrorism; 34 (3) Common symptoms and methods of treatment associated 35 with exposure to, or injuries caused by, chemical, biological, 36 radioactive and nuclear agents; 37 (4) Syndromic surveillance and reporting procedures for acts 38 of terrorism that involve biological agents; and 39 (5) An overview of the information available on, and the use 40 of, the Health Alert Network. 41 (c) Must provide for the completion by a holder of a license to 42 practice medicine of a course of instruction within 2 years after 43 initial licensure that provides at least 2 hours of instruction on 44 – 4 – - *AB267* evidence-based suicide prevention and awareness as described in 1 subsection 6. 2 (d) Must provide for the completion of at least 2 hours of 3 training in the screening, brief intervention and referral to treatment 4 approach to substance use disorder within 2 years after initial 5 licensure. 6 (e) Must provide for the biennial completion by each 7 psychiatrist and each physician assistant practicing under the 8 supervision of a psychiatrist of one or more courses of instruction 9 that provide at least [2] 6 hours of instruction relating to cultural 10 competency and diversity, equity and inclusion. Such instruction: 11 (1) May include the training provided pursuant to NRS 12 449.103, where applicable. 13 (2) Must be based upon a range of research from diverse 14 sources. 15 (3) Must address persons of different cultural backgrounds, 16 including, without limitation: 17 (I) Persons from various gender, racial and ethnic 18 backgrounds; 19 (II) Persons from various religious backgrounds; 20 (III) Lesbian, gay, bisexual, transgender and questioning 21 persons; 22 (IV) Children and senior citizens; 23 (V) Veterans; 24 (VI) Persons with a mental illness; 25 (VII) Persons with an intellectual disability, 26 developmental disability or physical disability; and 27 (VIII) Persons who are part of any other population that a 28 psychiatrist or a physician assistant practicing under the supervision 29 of a psychiatrist may need to better understand, as determined by the 30 Board. 31 (f) Must allow the holder of a license to receive credit toward 32 the total amount of continuing education required by the Board for 33 the completion of a course of instruction relating to genetic 34 counseling and genetic testing. 35 3. The Board may determine whether to include in a program 36 of continuing education courses of instruction relating to the 37 medical consequences of an act of terrorism that involves the use of 38 a weapon of mass destruction in addition to the course of instruction 39 required by paragraph (b) of subsection 2. 40 4. The Board shall encourage each holder of a license who 41 treats or cares for persons who are more than 60 years of age to 42 receive, as a portion of their continuing education, education in 43 geriatrics and gerontology, including such topics as: 44 – 5 – - *AB267* (a) The skills and knowledge that the licensee needs to address 1 aging issues; 2 (b) Approaches to providing health care to older persons, 3 including both didactic and clinical approaches; 4 (c) The biological, behavioral, social and emotional aspects of 5 the aging process; and 6 (d) The importance of maintenance of function and 7 independence for older persons. 8 5. The Board shall encourage each holder of a license to 9 practice medicine to receive, as a portion of his or her continuing 10 education, training concerning methods for educating patients about 11 how to effectively manage medications, including, without 12 limitation, the ability of the patient to request to have the symptom 13 or purpose for which a drug is prescribed included on the label 14 attached to the container of the drug. 15 6. The Board shall require each holder of a license to practice 16 medicine to receive as a portion of his or her continuing education at 17 least 2 hours of instruction every 4 years on evidence-based suicide 18 prevention and awareness, which may include, without limitation, 19 instruction concerning: 20 (a) The skills and knowledge that the licensee needs to detect 21 behaviors that may lead to suicide, including, without limitation, 22 post-traumatic stress disorder; 23 (b) Approaches to engaging other professionals in suicide 24 intervention; and 25 (c) The detection of suicidal thoughts and ideations and the 26 prevention of suicide. 27 7. The Board shall encourage each holder of a license to 28 practice medicine or as a physician assistant to receive, as a portion 29 of his or her continuing education, training and education in the 30 diagnosis of rare diseases, including, without limitation: 31 (a) Recognizing the symptoms of pediatric cancer; and 32 (b) Interpreting family history to determine whether such 33 symptoms indicate a normal childhood illness or a condition that 34 requires additional examination. 35 8. A holder of a license to practice medicine may not substitute 36 the continuing education credits relating to suicide prevention and 37 awareness required by this section for the purposes of satisfying an 38 equivalent requirement for continuing education in ethics. 39 9. Except as otherwise provided in NRS 630.2535, a holder of 40 a license to practice medicine may substitute not more than 2 hours 41 of continuing education credits in pain management, care for 42 persons with an addictive disorder or the screening, brief 43 intervention and referral to treatment approach to substance use 44 – 6 – - *AB267* disorder for the purposes of satisfying an equivalent requirement for 1 continuing education in ethics. 2 10. As used in this section: 3 (a) “Act of terrorism” has the meaning ascribed to it in 4 NRS 202.4415. 5 (b) “Biological agent” has the meaning ascribed to it in 6 NRS 202.442. 7 (c) “Chemical agent” has the meaning ascribed to it in 8 NRS 202.4425. 9 (d) “Radioactive agent” has the meaning ascribed to it in 10 NRS 202.4437. 11 (e) “Weapon of mass destruction” has the meaning ascribed to it 12 in NRS 202.4445. 13 Sec. 3. NRS 632.343 is hereby amended to read as follows: 14 632.343 1. The Board shall not renew any license issued 15 under this chapter until the licensee has submitted proof satisfactory 16 to the Board of completion, during the 2-year period before renewal 17 of the license, of 30 hours in a program of continuing education 18 approved by the Board in accordance with regulations adopted by 19 the Board. Except as otherwise provided in subsection 3, the 20 licensee is exempt from this provision for the first biennial period 21 after graduation from: 22 (a) An accredited school of professional nursing; 23 (b) An accredited school of practical nursing; 24 (c) An approved school of professional nursing in the process of 25 obtaining accreditation; or 26 (d) An approved school of practical nursing in the process of 27 obtaining accreditation. 28 2. The Board shall review all courses offered to nurses for the 29 completion of the requirement set forth in subsection 1. The Board 30 may approve nursing and other courses which are directly related to 31 the practice of nursing as well as others which bear a reasonable 32 relationship to current developments in the field of nursing or any 33 special area of practice in which a licensee engages. These may 34 include academic studies, workshops, extension studies, home study 35 and other courses. 36 3. The program of continuing education required by subsection 37 1 must include: 38 (a) For a person licensed as an advanced practice registered 39 nurse: 40 (1) A course of instruction to be completed within 2 years 41 after initial licensure that provides at least 2 hours of instruction on 42 suicide prevention and awareness as described in subsection 6. 43 (2) The ability to receive credit toward the total amount of 44 continuing education required by subsection 1 for the completion of 45 – 7 – - *AB267* a course of instruction relating to genetic counseling and genetic 1 testing. 2 (b) For each person licensed pursuant to this chapter, a course of 3 instruction, to be completed within 2 years after initial licensure, 4 relating to the medical consequences of an act of terrorism that 5 involves the use of a weapon of mass destruction. The course must 6 provide at least 4 hours of instruction that includes instruction in the 7 following subjects: 8 (1) An overview of acts of terrorism and weapons of mass 9 destruction; 10 (2) Personal protective equipment required for acts of 11 terrorism; 12 (3) Common symptoms and methods of treatment associated 13 with exposure to, or injuries caused by, chemical, biological, 14 radioactive and nuclear agents; 15 (4) Syndromic surveillance and reporting procedures for acts 16 of terrorism that involve biological agents; and 17 (5) An overview of the information available on, and the use 18 of, the Health Alert Network. 19 (c) For each person licensed pursuant to this chapter, one or 20 more courses of instruction that provide at least [2] 6 hours of 21 instruction relating to cultural competency and diversity, equity and 22 inclusion to be completed biennially. Such instruction: 23 (1) May include the training provided pursuant to NRS 24 449.103, where applicable. 25 (2) Must be based upon a range of research from diverse 26 sources. 27 (3) Must address persons of different cultural backgrounds, 28 including, without limitation: 29 (I) Persons from various gender, racial and ethnic 30 backgrounds; 31 (II) Persons from various religious backgrounds; 32 (III) Lesbian, gay, bisexual, transgender and questioning 33 persons; 34 (IV) Children and senior citizens; 35 (V) Veterans; 36 (VI) Persons with a mental illness; 37 (VII) Persons with an intellectual disability, 38 developmental disability or physical disability; and 39 (VIII) Persons who are part of any other population that a 40 person licensed pursuant to this chapter may need to better 41 understand, as determined by the Board. 42 (d) For a person licensed as an advanced practice registered 43 nurse, at least 2 hours of training in the screening, brief intervention 44 – 8 – - *AB267* and referral to treatment approach to substance use disorder to be 1 completed within 2 years after initial licensure. 2 4. The Board may determine whether to include in a program 3 of continuing education courses of instruction relating to the 4 medical consequences of an act of terrorism that involves the use of 5 a weapon of mass destruction in addition to the course of instruction 6 required by paragraph (b) of subsection 3. 7 5. The Board shall encourage each licensee who treats or cares 8 for persons who are more than 60 years of age to receive, as a 9 portion of their continuing education, education in geriatrics and 10 gerontology, including such topics as: 11 (a) The skills and knowledge that the licensee needs to address 12 aging issues; 13 (b) Approaches to providing health care to older persons, 14 including both didactic and clinical approaches; 15 (c) The biological, behavioral, social and emotional aspects of 16 the aging process; and 17 (d) The importance of maintenance of function and 18 independence for older persons. 19 6. The Board shall require each person licensed as an advanced 20 practice registered nurse to receive as a portion of his or her 21 continuing education at least 2 hours of instruction every 4 years on 22 evidence-based suicide prevention and awareness or another course 23 of instruction on suicide prevention and awareness that is approved 24 by the Board which the Board has determined to be effective and 25 appropriate. 26 7. The Board shall encourage each person licensed as an 27 advanced practice registered nurse to receive, as a portion of his or 28 her continuing education, training and education in the diagnosis of 29 rare diseases, including, without limitation: 30 (a) Recognizing the symptoms of pediatric cancer; and 31 (b) Interpreting family history to determine whether such 32 symptoms indicate a normal childhood illness or a condition that 33 requires additional examination. 34 8. As used in this section: 35 (a) “Act of terrorism” has the meaning ascribed to it in 36 NRS 202.4415. 37 (b) “Biological agent” has the meaning ascribed to it in 38 NRS 202.442. 39 (c) “Chemical agent” has the meaning ascribed to it in 40 NRS 202.4425. 41 (d) “Radioactive agent” has the meaning ascribed to it in 42 NRS 202.4437. 43 (e) “Weapon of mass destruction” has the meaning ascribed to it 44 in NRS 202.4445. 45 – 9 – - *AB267* Sec. 4. NRS 633.471 is hereby amended to read as follows: 1 633.471 1. Except as otherwise provided in subsection 14 2 and NRS 633.491, every holder of a license, except a physician 3 assistant, issued under this chapter, except a temporary or a special 4 license, may renew the license on or before January 1 of each 5 calendar year after its issuance by: 6 (a) Applying for renewal on forms provided by the Board; 7 (b) Paying the annual license renewal fee specified in this 8 chapter; 9 (c) Submitting a list of all actions filed or claims submitted to 10 arbitration or mediation for malpractice or negligence against the 11 holder during the previous year; 12 (d) Subject to subsection 13, submitting evidence to the Board 13 that in the year preceding the application for renewal the holder has 14 attended courses or programs of continuing education approved by 15 the Board in accordance with regulations adopted by the Board 16 totaling a number of hours established by the Board which must not 17 be less than 35 hours nor more than that set in the requirements for 18 continuing medical education of the American Osteopathic 19 Association; and 20 (e) Submitting all information required to complete the renewal. 21 2. The Secretary of the Board shall notify each licensee of the 22 requirements for renewal not less than 30 days before the date of 23 renewal. 24 3. The Board shall request submission of verified evidence of 25 completion of the required number of hours of continuing medical 26 education annually from no fewer than one-third of the applicants 27 for renewal of a license to practice osteopathic medicine or a license 28 to practice as a physician assistant. Subject to subsection 13, upon a 29 request from the Board, an applicant for renewal of a license to 30 practice osteopathic medicine or a license to practice as a physician 31 assistant shall submit verified evidence satisfactory to the Board that 32 in the year preceding the application for renewal the applicant 33 attended courses or programs of continuing medical education 34 approved by the Board totaling the number of hours established by 35 the Board. 36 4. The Board shall require each holder of a license to practice 37 osteopathic medicine to complete a course of instruction within 2 38 years after initial licensure that provides at least 2 hours of 39 instruction on evidence-based suicide prevention and awareness as 40 described in subsection 9. 41 5. The Board shall encourage each holder of a license to 42 practice osteopathic medicine to receive, as a portion of his or her 43 continuing education, training concerning methods for educating 44 patients about how to effectively manage medications, including, 45 – 10 – - *AB267* without limitation, the ability of the patient to request to have the 1 symptom or purpose for which a drug is prescribed included on the 2 label attached to the container of the drug. 3 6. The Board shall encourage each holder of a license to 4 practice osteopathic medicine or as a physician assistant to receive, 5 as a portion of his or her continuing education, training and 6 education in the diagnosis of rare diseases, including, without 7 limitation: 8 (a) Recognizing the symptoms of pediatric cancer; and 9 (b) Interpreting family history to determine whether such 10 symptoms indicate a normal childhood illness or a condition that 11 requires additional examination. 12 7. The Board shall require, as part of the continuing education 13 requirements approved by the Board, the biennial completion by a 14 holder of a license to practice osteopathic medicine of at least 2 15 hours of continuing education credits in ethics, pain management, 16 care of persons with addictive disorders or the screening, brief 17 intervention and referral to treatment approach to substance use 18 disorder. 19 8. The continuing education requirements approved by the 20 Board must allow the holder of a license as an osteopathic physician 21 or physician assistant to receive credit toward the total amount of 22 continuing education required by the Board for the completion of a 23 course of instruction relating to genetic counseling and genetic 24 testing. 25 9. The Board shall require each holder of a license to practice 26 osteopathic medicine to receive as a portion of his or her continuing 27 education at least 2 hours of instruction every 4 years on evidence- 28 based suicide prevention and awareness which may include, without 29 limitation, instruction concerning: 30 (a) The skills and knowledge that the licensee needs to detect 31 behaviors that may lead to suicide, including, without limitation, 32 post-traumatic stress disorder; 33 (b) Approaches to engaging other professionals in suicide 34 intervention; and 35 (c) The detection of suicidal thoughts and ideations and the 36 prevention of suicide. 37 10. A holder of a license to practice osteopathic medicine may 38 not substitute the continuing education credits relating to suicide 39 prevention and awareness required by this section for the purposes 40 of satisfying an equivalent requirement for continuing education in 41 ethics. 42 11. The Board shall require each holder of a license to practice 43 osteopathic medicine to complete at least 2 hours of training in the 44 – 11 – - *AB267* screening, brief intervention and referral to treatment approach to 1 substance use disorder within 2 years after initial licensure. 2 12. The Board shall require each psychiatrist or a physician 3 assistant practicing under the supervision of a psychiatrist to 4 biennially complete one or more courses of instruction that provide 5 at least [2] 6 hours of instruction relating to cultural competency and 6 diversity, equity and inclusion. Such instruction: 7 (a) May include the training provided pursuant to NRS 449.103, 8 where applicable. 9 (b) Must be based upon a range of research from diverse 10 sources. 11 (c) Must address persons of different cultural backgrounds, 12 including, without limitation: 13 (1) Persons from various gender, racial and ethnic 14 backgrounds; 15 (2) Persons from various religious backgrounds; 16 (3) Lesbian, gay, bisexual, transgender and questioning 17 persons; 18 (4) Children and senior citizens; 19 (5) Veterans; 20 (6) Persons with a mental illness; 21 (7) Persons with an intellectual disability, developmental 22 disability or physical disability; and 23 (8) Persons who are part of any other population that a 24 psychiatrist or physician assistant practicing under the supervision 25 of a psychiatrist may need to better understand, as determined by the 26 Board. 27 13. The Board shall not require a physician assistant to receive 28 or maintain certification by the National Commission on 29 Certification of Physician Assistants, or its successor organization, 30 or by any other nationally recognized organization for the 31 accreditation of physician assistants to satisfy any continuing 32 education requirement pursuant to paragraph (d) of subsection 1 and 33 subsection 3. 34 14. Members of the Armed Forces of the United States and the 35 United States Public Health Service are exempt from payment of the 36 annual license renewal fee during their active duty status. 37 Sec. 5. NRS 641.220 is hereby amended to read as follows: 38 641.220 1. To renew a license issued pursuant to this chapter, 39 each person must, on or before the first day of January of each odd- 40 numbered year: 41 (a) Apply to the Board for renewal; 42 (b) Pay the biennial fee for the renewal of a license; 43 – 12 – - *AB267* (c) Submit evidence to the Board of completion of the 1 requirements for continuing education as set forth in regulations 2 adopted by the Board; and 3 (d) Submit all information required to complete the renewal. 4 2. Upon renewing his or her license, a psychologist shall 5 declare his or her areas of competence, as determined in accordance 6 with NRS 641.112. 7 3. The Board shall, as a prerequisite for the renewal of a 8 license, require each holder to comply with the requirements for 9 continuing education adopted by the Board. 10 4. The requirements for continuing education adopted by the 11 Board pursuant to subsection 3 must include, without limitation: 12 (a) A requirement that the holder of a license receive at least 2 13 hours of instruction on evidence-based suicide prevention and 14 awareness or another course of instruction on suicide prevention and 15 awareness that is approved by the Board which the Board has 16 determined to be effective and appropriate. The hours of instruction 17 required by this paragraph must be completed within 2 years after 18 initial licensure and at least every 4 years thereafter. 19 (b) A requirement that the holder of a license must biennially 20 receive at least [2] 6 hours of instruction relating to cultural 21 competency and diversity, equity and inclusion. Such instruction: 22 (1) May include the training provided pursuant to NRS 23 449.103, where applicable. 24 (2) Must be based upon a range of research from diverse 25 sources. 26 (3) Must address persons of different cultural backgrounds, 27 including, without limitation: 28 (I) Persons from various gender, racial and ethnic 29 backgrounds; 30 (II) Persons from various religious backgrounds; 31 (III) Lesbian, gay, bisexual, transgender and questioning 32 persons; 33 (IV) Children and senior citizens; 34 (V) Veterans; 35 (VI) Persons with a mental illness; 36 (VII) Persons with an intellectual disability, 37 developmental disability or physical disability; and 38 (VIII) Persons who are part of any other population that 39 the holder of a license may need to better understand, as determined 40 by the Board. 41 Sec. 6. NRS 641A.260 is hereby amended to read as follows: 42 641A.260 1. To renew a license to practice as a marriage and 43 family therapist or clinical professional counselor issued pursuant to 44 – 13 – - *AB267* this chapter, each person must, on or before 10 business days after 1 the date of expiration of his or her current license: 2 (a) Apply to the Board for renewal; 3 (b) Pay the fee for the biennial renewal of a license set by the 4 Board; 5 (c) Submit evidence to the Board of completion of the 6 requirements for continuing education as set forth in regulations 7 adopted by the Board, unless the Board has granted a waiver 8 pursuant to NRS 641A.265; and 9 (d) Submit all information required to complete the renewal. 10 2. Except as otherwise provided in NRS 641A.265, the Board 11 shall, as a prerequisite for the renewal of a license to practice as a 12 marriage and family therapist or clinical professional counselor, 13 require each holder to comply with the requirements for continuing 14 education adopted by the Board, which must include, without 15 limitation: 16 (a) A requirement that the holder receive at least 2 hours of 17 instruction on evidence-based suicide prevention and awareness or 18 another course of instruction on suicide prevention and awareness 19 that is approved by the Board which the Board has determined to be 20 effective and appropriate. 21 (b) A requirement that the holder receive at least [2] 6 hours of 22 instruction relating to cultural competency and diversity, equity and 23 inclusion. Such instruction: 24 (1) May include the training provided pursuant to NRS 25 449.103, where applicable. 26 (2) Must be based upon a range of research from diverse 27 sources. 28 (3) Must address persons of different cultural backgrounds, 29 including, without limitation: 30 (I) Persons from various gender, racial and ethnic 31 backgrounds; 32 (II) Persons from various religious backgrounds; 33 (III) Lesbian, gay, bisexual, transgender and questioning 34 persons; 35 (IV) Children and senior citizens; 36 (V) Veterans; 37 (VI) Persons with a mental illness; 38 (VII) Persons with an intellectual disability, 39 developmental disability or physical disability; and 40 (VIII) Persons who are part of any other population that a 41 marriage and family therapist or clinical professional counselor may 42 need to better understand, as determined by the Board. 43 – 14 – - *AB267* Sec. 7. NRS 641B.280 is hereby amended to read as follows: 1 641B.280 1. Every holder of a license issued pursuant to this 2 chapter may renew his or her license annually by: 3 (a) Applying to the Board for renewal; 4 (b) Paying the annual renewal fee set by the Board; 5 (c) Except as otherwise provided in NRS 641B.295, submitting 6 evidence to the Board of completion of the required continuing 7 education as set forth in regulations adopted by the Board; and 8 (d) Submitting all information required to complete the renewal. 9 2. Except as otherwise provided in NRS 641B.295, the Board 10 shall, as a prerequisite for the renewal of a license, require the 11 holder to comply with the requirements for continuing education 12 adopted by the Board, which must include, without limitation: 13 (a) A requirement that every 2 years the holder receive at least 2 14 hours of instruction on evidence-based suicide prevention and 15 awareness or another course of instruction on suicide prevention and 16 awareness that is approved by the Board which the Board has 17 determined to be effective and appropriate. 18 (b) A requirement that every 2 years the holder receive at least 19 [2] 6 hours of instruction relating to cultural competency and 20 diversity, equity and inclusion. Such instruction: 21 (1) May include the training provided pursuant to NRS 22 449.103, where applicable. 23 (2) Must be based upon a range of research from diverse 24 sources. 25 (3) Must address persons of different cultural backgrounds, 26 including, without limitation: 27 (I) Persons from various gender, racial and ethnic 28 backgrounds; 29 (II) Persons from various religious backgrounds; 30 (III) Lesbian, gay, bisexual, transgender and questioning 31 persons; 32 (IV) Children and senior citizens; 33 (V) Veterans; 34 (VI) Persons with a mental illness; 35 (VII) Persons with an intellectual disability, 36 developmental disability or physical disability; and 37 (VIII) Persons who are part of any other population that 38 the holder of a license issued pursuant to this chapter may need to 39 better understand, as determined by the Board. 40 Sec. 8. NRS 641C.450 is hereby amended to read as follows: 41 641C.450 Except as otherwise provided in NRS 641C.310, 42 641C.320, 641C.440 and 641C.530, a person may renew his or her 43 license or certificate by submitting to the Board: 44 1. An application for the renewal of the license or certificate. 45 – 15 – - *AB267* 2. The fee for the renewal of a license or certificate prescribed 1 in NRS 641C.470. 2 3. Evidence of completion of the continuing education required 3 by the Board, which must include, without limitation: 4 (a) A requirement that the applicant receive at least 1 hour of 5 instruction on evidence-based suicide prevention and awareness or 6 another course of instruction on suicide prevention and awareness 7 that is approved by the Board which the Board has determined to be 8 effective and appropriate for each year of the term of the applicant’s 9 licensure or certification. 10 (b) A requirement that the applicant receive at least [1 hour] 6 11 hours of instruction relating to cultural competency and diversity, 12 equity and inclusion for each year of the term of the applicant’s 13 licensure or certification. Such instruction: 14 (1) May include the training provided pursuant to NRS 15 449.103, where applicable. 16 (2) Must be based upon a range of research from diverse 17 sources. 18 (3) Must address persons of different cultural backgrounds, 19 including, without limitation: 20 (I) Persons from various gender, racial and ethnic 21 backgrounds; 22 (II) Persons from various religious backgrounds; 23 (III) Lesbian, gay, bisexual, transgender and questioning 24 persons; 25 (IV) Children and senior citizens; 26 (V) Veterans; 27 (VI) Persons with a mental illness; 28 (VII) Persons with an intellectual disability, 29 developmental disability or physical disability; and 30 (VIII) Persons who are part of any other population that 31 the holder of a license or certificate may need to better understand, 32 as determined by the Board. 33 4. If the applicant is a certified intern, the name of the licensed 34 or certified counselor who supervises the applicant. 35 5. All information required to complete the renewal. 36 Sec. 9. NRS 641D.360 is hereby amended to read as follows: 37 641D.360 1. To renew a license as a behavior analyst or 38 assistant behavior analyst or registration as a registered behavior 39 technician, each person must, on or before the first day of January of 40 each odd-numbered year: 41 (a) Apply to the Board for renewal; 42 (b) Pay the biennial fee for the renewal of a license or 43 registration; 44 (c) Submit evidence to the Board: 45 – 16 – - *AB267* (1) Of completion of the requirements for continuing 1 education as set forth in regulations adopted by the Board, if 2 applicable; and 3 (2) That the person’s certification or registration, as 4 applicable, by the Behavior Analyst Certification Board, Inc., or its 5 successor organization, remains valid and the holder remains in 6 good standing; and 7 (d) Submit all information required to complete the renewal. 8 2. In addition to the requirements of subsection 1, to renew 9 registration as a registered behavior technician for the third time and 10 every third renewal thereafter, a person must submit to an 11 investigation of his or her criminal history in the manner prescribed 12 in paragraph (b) of subsection 1 of NRS 641D.300. 13 3. The Board shall adopt regulations that require, as a 14 prerequisite for the renewal of a license as a behavior analyst or 15 assistant behavior analyst, each holder to complete continuing 16 education, which must: 17 (a) Be consistent with nationally recognized standards for the 18 continuing education of behavior analysts or assistant behavior 19 analysts, as applicable. 20 (b) Include, without limitation, a requirement that the holder of a 21 license receive at least 2 hours of instruction on evidence-based 22 suicide prevention and awareness. 23 (c) Include, without limitation, a requirement that the holder of a 24 license as a behavior analyst receive at least [2] 6 hours of 25 instruction relating to cultural competency and diversity, equity and 26 inclusion. Such instruction: 27 (1) May include the training provided pursuant to NRS 28 449.103, where applicable. 29 (2) Must be based upon a range of research from diverse 30 sources. 31 (3) Must address persons of different cultural backgrounds, 32 including, without limitation: 33 (I) Persons from various gender, racial and ethnic 34 backgrounds; 35 (II) Persons from various religious backgrounds; 36 (III) Lesbian, gay, bisexual, transgender and questioning 37 persons; 38 (IV) Children and senior citizens; 39 (V) Veterans; 40 (VI) Persons with a mental illness; 41 (VII) Persons with an intellectual disability, 42 developmental disability or physical disability; and 43 – 17 – - *AB267* (VIII) Persons who are part of any other population that a 1 behavior analyst may need to better understand, as determined by 2 the Board. 3 4. The Board shall not adopt regulations requiring a registered 4 behavior technician to receive continuing education. 5 Sec. 10. 1. This section becomes effective upon passage and 6 approval. 7 2. Sections 1 to 9, inclusive, of this act become effective: 8 (a) Upon passage and approval for the purpose of adopting any 9 regulations and performing any other preparatory administrative 10 tasks that are necessary to carry out the provisions of this act; and 11 (b) On January 1, 2024, for all other purposes. 12 H

As enrolled or final

30,762 characters

Open the printed bill (PDF)

- 82nd Session (2023) Assembly Bill No. 267–Assemblymen Torres; D’Silva, Duran, González, Brittney Miller and Nguyen Joint Sponsors: Senators Donate, Flores; and Nguyen CHAPTER.......... AN ACT relating to health care; revising provisions relating to the requirement that certain medical facilities conduct training of certain agents and employees in cultural competency; requiring the Office of Minority Health and Equity of the Department of Health and Human Services to establish, maintain and distribute a list of courses and programs relating to cultural competency that certain medical facilities are required to use to conduct training of certain agents and employees; increasing the number of hours of instruction relating to cultural competency that certain health care professionals are required to complete; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that the State Board of Health shall require, by regulation, a medical facility, facility for the dependent and certain other facilities to conduct training relating specifically to cultural competency for any agent or employee of the facility so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are: (1) from various racial and ethnic backgrounds; (2) from various religious backgrounds; (3) persons with various sexual orientations and gender identities or expressions; (4) children and senior citizens; (5) persons with a mental or physical disability; and (6) part of any other population that such an agent or employee may need to better understand. Such training relating to cultural competency must be provided through a course or program that is approved by the Department of Health and Human Services. (NRS 449.103) Section 1 of this bill: (1) requires the Board to set forth by regulation the frequency with which such a facility is required to conduct the training relating to cultural competency; and (2) creates an exception to the requirement to provide such training if an agent or employee of the facility has successfully completed a course or program of cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable. Section 1 further limits the requirement to receive training relating to cultural competency to agents and employees who: (1) provide clinical, administrative or support services and regularly have direct patient contact as part of their regular job duties; or (2) oversee such agents or employees. Section 1 further requires the Office of Minority Health and Equity of the Department of Health and Human Services to: (1) establish and maintain a list of courses and programs on cultural competency that are approved for training relating to cultural competency; (2) make the most current list available on the Internet website of the Office; and (3) ensure that the list is distributed to each facility required to conduct the training on cultural competency. Finally, section 1: (1) authorizes a facility to apply to the Department to provide a course or program on cultural competency that is not already approved by the Department; and (2) – 2 – - 82nd Session (2023) requires the Department to report annually to certain joint interim committees of the Legislature the average length of time within which the Department approved a course or program of training in the immediately preceding year. Existing law requires, as a prerequisite for the renewal of a license, a nurse, psychologist, marriage and family therapist, clinical professional counselor, social worker or behavior analyst to complete at least 2 hours of instruction relating to cultural competency and diversity, equity and inclusion. (NRS 632.343, 641.220, 641A.260, 641B.280, 641D.360) Existing law requires, as a prerequisite for the renewal of a license or certificate, an alcohol and drug counselor or problem gambling counselor to complete at least 1 hour of instruction relating to cultural competency and diversity, equity and inclusion. (NRS 641C.450) Section 3 of this bill requires a nurse to complete at least 4 hours of such instruction. Sections 5-7 of this bill require a psychologist, marriage and family therapist, clinical professional counselor or social worker to complete at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Section 8 of this bill requires an alcohol and drug counselor or problem gambling counselor to complete at least 3 hours of instruction relating to cultural competency and diversity, equity and inclusion. Section 9 of this bill requires a behavior analyst to complete at least 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 449.103 is hereby amended to read as follows: 449.103 1. [To] Except as otherwise provided in subsection 3, to enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who [provides care to a patient or resident of the facility] is described in subsection 2 to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who [provides care to a patient or resident of the facility] is described in subsection 2 so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are: (a) From various racial and ethnic backgrounds; (b) From various religious backgrounds; (c) Persons with various sexual orientations and gender identities or expressions; (d) Children and senior citizens; (e) Persons with a mental or physical disability; and – 3 – - 82nd Session (2023) (f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board.  The Board shall set forth by regulation the frequency with which a medical facility, facility for the dependent or other facility is required to provide such training relating to cultural competency. 2. [The] Except as otherwise provided in subsection 3, the requirements of subsection 1 apply to any agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who: (a) Provides clinical, administrative or support services and has direct patient contact at least once each week on average as a part of his or her regular job duties; or (b) Oversees an agent or employee described in paragraph (a). 3. A medical facility, facility for the dependent or other facility is not required to provide training relating specifically to cultural competency to an agent or employee who is described in subsection 2 and who has successfully completed a course or program in cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable. 4. Except as otherwise provided in subsection 6, the training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services. 5. The Office of Minority Health and Equity of the Department of Health and Human Services shall: (a) Establish and maintain a list of the courses and programs that are approved for training relating to cultural competency pursuant to subsection 4. The Office shall make the most current list available on the Internet website of the Office. (b) Ensure that the list established and maintained pursuant to paragraph (a) is distributed to each medical facility, facility for the dependent or other facility which is required to conduct training relating specifically to cultural competency pursuant to subsection 1. 6. A medical facility, facility for the dependent or other facility which is required to conduct training specifically relating to cultural competency may apply to the Department of Health and – 4 – - 82nd Session (2023) Human Services to provide a course or program on cultural competency that is not approved by the Department pursuant to subsection 4. Any such request must be approved or denied by the Department not later than 10 business days after the receipt of the application. 7. On or before October 1 of each year, the Department of Health and Human Services shall report the average length of time within which the Department approved a course of program or training relating to cultural competency in the immediately preceding year pursuant to subsection 4 or 6, as applicable, to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on Commerce and Labor. 8. As used in this section: (a) “Direct patient contact” means direct contact with a patient or resident of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed which is in person or using telephone, electronic mail, telehealth or other electronic means, except that the term does not include incidental contact. (b) “Telehealth” has the meaning ascribed to it in NRS 629.515. Sec. 2. (Deleted by amendment.) Sec. 3. NRS 632.343 is hereby amended to read as follows: 632.343 1. The Board shall not renew any license issued under this chapter until the licensee has submitted proof satisfactory to the Board of completion, during the 2-year period before renewal of the license, of 30 hours in a program of continuing education approved by the Board in accordance with regulations adopted by the Board. Except as otherwise provided in subsection 3, the licensee is exempt from this provision for the first biennial period after graduation from: (a) An accredited school of professional nursing; (b) An accredited school of practical nursing; (c) An approved school of professional nursing in the process of obtaining accreditation; or (d) An approved school of practical nursing in the process of obtaining accreditation. 2. The Board shall review all courses offered to nurses for the completion of the requirement set forth in subsection 1. The Board may approve nursing and other courses which are directly related to the practice of nursing as well as others which bear a reasonable – 5 – - 82nd Session (2023) relationship to current developments in the field of nursing or any special area of practice in which a licensee engages. These may include academic studies, workshops, extension studies, home study and other courses. 3. The program of continuing education required by subsection 1 must include: (a) For a person licensed as an advanced practice registered nurse: (1) A course of instruction to be completed within 2 years after initial licensure that provides at least 2 hours of instruction on suicide prevention and awareness as described in subsection 6. (2) The ability to receive credit toward the total amount of continuing education required by subsection 1 for the completion of a course of instruction relating to genetic counseling and genetic testing. (b) For each person licensed pursuant to this chapter, a course of instruction, to be completed within 2 years after initial licensure, relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction. The course must provide at least 4 hours of instruction that includes instruction in the following subjects: (1) An overview of acts of terrorism and weapons of mass destruction; (2) Personal protective equipment required for acts of terrorism; (3) Common symptoms and methods of treatment associated with exposure to, or injuries caused by, chemical, biological, radioactive and nuclear agents; (4) Syndromic surveillance and reporting procedures for acts of terrorism that involve biological agents; and (5) An overview of the information available on, and the use of, the Health Alert Network. (c) For each person licensed pursuant to this chapter, one or more courses of instruction that provide at least [2] 4 hours of instruction relating to cultural competency and diversity, equity and inclusion to be completed biennially. Such instruction: (1) May include the training provided pursuant to NRS 449.103, where applicable. (2) Must be based upon a range of research from diverse sources. (3) Must address persons of different cultural backgrounds, including, without limitation: – 6 – - 82nd Session (2023) (I) Persons from various gender, racial and ethnic backgrounds; (II) Persons from various religious backgrounds; (III) Lesbian, gay, bisexual, transgender and questioning persons; (IV) Children and senior citizens; (V) Veterans; (VI) Persons with a mental illness; (VII) Persons with an intellectual disability, developmental disability or physical disability; and (VIII) Persons who are part of any other population that a person licensed pursuant to this chapter may need to better understand, as determined by the Board. (d) For a person licensed as an advanced practice registered nurse, at least 2 hours of training in the screening, brief intervention and referral to treatment approach to substance use disorder to be completed within 2 years after initial licensure. 4. The Board may determine whether to include in a program of continuing education courses of instruction relating to the medical consequences of an act of terrorism that involves the use of a weapon of mass destruction in addition to the course of instruction required by paragraph (b) of subsection 3. 5. The Board shall encourage each licensee who treats or cares for persons who are more than 60 years of age to receive, as a portion of their continuing education, education in geriatrics and gerontology, including such topics as: (a) The skills and knowledge that the licensee needs to address aging issues; (b) Approaches to providing health care to older persons, including both didactic and clinical approaches; (c) The biological, behavioral, social and emotional aspects of the aging process; and (d) The importance of maintenance of function and independence for older persons. 6. The Board shall require each person licensed as an advanced practice registered nurse to receive as a portion of his or her continuing education at least 2 hours of instruction every 4 years on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. 7. The Board shall encourage each person licensed as an advanced practice registered nurse to receive, as a portion of his or – 7 – - 82nd Session (2023) her continuing education, training and education in the diagnosis of rare diseases, including, without limitation: (a) Recognizing the symptoms of pediatric cancer; and (b) Interpreting family history to determine whether such symptoms indicate a normal childhood illness or a condition that requires additional examination. 8. As used in this section: (a) “Act of terrorism” has the meaning ascribed to it in NRS 202.4415. (b) “Biological agent” has the meaning ascribed to it in NRS 202.442. (c) “Chemical agent” has the meaning ascribed to it in NRS 202.4425. (d) “Radioactive agent” has the meaning ascribed to it in NRS 202.4437. (e) “Weapon of mass destruction” has the meaning ascribed to it in NRS 202.4445. Sec. 4. (Deleted by amendment.) Sec. 5. NRS 641.220 is hereby amended to read as follows: 641.220 1. To renew a license issued pursuant to this chapter, each person must, on or before the first day of January of each odd- numbered year: (a) Apply to the Board for renewal; (b) Pay the biennial fee for the renewal of a license; (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board; and (d) Submit all information required to complete the renewal. 2. Upon renewing his or her license, a psychologist shall declare his or her areas of competence, as determined in accordance with NRS 641.112. 3. The Board shall, as a prerequisite for the renewal of a license, require each holder to comply with the requirements for continuing education adopted by the Board. 4. The requirements for continuing education adopted by the Board pursuant to subsection 3 must include, without limitation: (a) A requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. The hours of instruction required by this paragraph must be completed within 2 years after initial licensure and at least every 4 years thereafter. – 8 – - 82nd Session (2023) (b) A requirement that the holder of a license must biennially receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction: (1) May include the training provided pursuant to NRS 449.103, where applicable. (2) Must be based upon a range of research from diverse sources. (3) Must address persons of different cultural backgrounds, including, without limitation: (I) Persons from various gender, racial and ethnic backgrounds; (II) Persons from various religious backgrounds; (III) Lesbian, gay, bisexual, transgender and questioning persons; (IV) Children and senior citizens; (V) Veterans; (VI) Persons with a mental illness; (VII) Persons with an intellectual disability, developmental disability or physical disability; and (VIII) Persons who are part of any other population that the holder of a license may need to better understand, as determined by the Board. Sec. 6. NRS 641A.260 is hereby amended to read as follows: 641A.260 1. To renew a license to practice as a marriage and family therapist or clinical professional counselor issued pursuant to this chapter, each person must, on or before 10 business days after the date of expiration of his or her current license: (a) Apply to the Board for renewal; (b) Pay the fee for the biennial renewal of a license set by the Board; (c) Submit evidence to the Board of completion of the requirements for continuing education as set forth in regulations adopted by the Board, unless the Board has granted a waiver pursuant to NRS 641A.265; and (d) Submit all information required to complete the renewal. 2. Except as otherwise provided in NRS 641A.265, the Board shall, as a prerequisite for the renewal of a license to practice as a marriage and family therapist or clinical professional counselor, require each holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation: (a) A requirement that the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or – 9 – - 82nd Session (2023) another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. (b) A requirement that the holder receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction: (1) May include the training provided pursuant to NRS 449.103, where applicable. (2) Must be based upon a range of research from diverse sources. (3) Must address persons of different cultural backgrounds, including, without limitation: (I) Persons from various gender, racial and ethnic backgrounds; (II) Persons from various religious backgrounds; (III) Lesbian, gay, bisexual, transgender and questioning persons; (IV) Children and senior citizens; (V) Veterans; (VI) Persons with a mental illness; (VII) Persons with an intellectual disability, developmental disability or physical disability; and (VIII) Persons who are part of any other population that a marriage and family therapist or clinical professional counselor may need to better understand, as determined by the Board. Sec. 7. NRS 641B.280 is hereby amended to read as follows: 641B.280 1. Every holder of a license issued pursuant to this chapter may renew his or her license annually by: (a) Applying to the Board for renewal; (b) Paying the annual renewal fee set by the Board; (c) Except as otherwise provided in NRS 641B.295, submitting evidence to the Board of completion of the required continuing education as set forth in regulations adopted by the Board; and (d) Submitting all information required to complete the renewal. 2. Except as otherwise provided in NRS 641B.295, the Board shall, as a prerequisite for the renewal of a license, require the holder to comply with the requirements for continuing education adopted by the Board, which must include, without limitation: (a) A requirement that every 2 years the holder receive at least 2 hours of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate. – 10 – - 82nd Session (2023) (b) A requirement that every 2 years the holder receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction: (1) May include the training provided pursuant to NRS 449.103, where applicable. (2) Must be based upon a range of research from diverse sources. (3) Must address persons of different cultural backgrounds, including, without limitation: (I) Persons from various gender, racial and ethnic backgrounds; (II) Persons from various religious backgrounds; (III) Lesbian, gay, bisexual, transgender and questioning persons; (IV) Children and senior citizens; (V) Veterans; (VI) Persons with a mental illness; (VII) Persons with an intellectual disability, developmental disability or physical disability; and (VIII) Persons who are part of any other population that the holder of a license issued pursuant to this chapter may need to better understand, as determined by the Board. Sec. 8. NRS 641C.450 is hereby amended to read as follows: 641C.450 Except as otherwise provided in NRS 641C.310, 641C.320, 641C.440 and 641C.530, a person may renew his or her license or certificate by submitting to the Board: 1. An application for the renewal of the license or certificate. 2. The fee for the renewal of a license or certificate prescribed in NRS 641C.470. 3. Evidence of completion of the continuing education required by the Board, which must include, without limitation: (a) A requirement that the applicant receive at least 1 hour of instruction on evidence-based suicide prevention and awareness or another course of instruction on suicide prevention and awareness that is approved by the Board which the Board has determined to be effective and appropriate for each year of the term of the applicant’s licensure or certification. (b) A requirement that the applicant receive at least [1 hour] 3 hours of instruction relating to cultural competency and diversity, equity and inclusion for each year of the term of the applicant’s licensure or certification. Such instruction: (1) May include the training provided pursuant to NRS 449.103, where applicable. – 11 – - 82nd Session (2023) (2) Must be based upon a range of research from diverse sources. (3) Must address persons of different cultural backgrounds, including, without limitation: (I) Persons from various gender, racial and ethnic backgrounds; (II) Persons from various religious backgrounds; (III) Lesbian, gay, bisexual, transgender and questioning persons; (IV) Children and senior citizens; (V) Veterans; (VI) Persons with a mental illness; (VII) Persons with an intellectual disability, developmental disability or physical disability; and (VIII) Persons who are part of any other population that the holder of a license or certificate may need to better understand, as determined by the Board. 4. If the applicant is a certified intern, the name of the licensed or certified counselor who supervises the applicant. 5. All information required to complete the renewal. Sec. 9. NRS 641D.360 is hereby amended to read as follows: 641D.360 1. To renew a license as a behavior analyst or assistant behavior analyst or registration as a registered behavior technician, each person must, on or before the first day of January of each odd-numbered year: (a) Apply to the Board for renewal; (b) Pay the biennial fee for the renewal of a license or registration; (c) Submit evidence to the Board: (1) Of completion of the requirements for continuing education as set forth in regulations adopted by the Board, if applicable; and (2) That the person’s certification or registration, as applicable, by the Behavior Analyst Certification Board, Inc., or its successor organization, remains valid and the holder remains in good standing; and (d) Submit all information required to complete the renewal. 2. In addition to the requirements of subsection 1, to renew registration as a registered behavior technician for the third time and every third renewal thereafter, a person must submit to an investigation of his or her criminal history in the manner prescribed in paragraph (b) of subsection 1 of NRS 641D.300. – 12 – - 82nd Session (2023) 3. The Board shall adopt regulations that require, as a prerequisite for the renewal of a license as a behavior analyst or assistant behavior analyst, each holder to complete continuing education, which must: (a) Be consistent with nationally recognized standards for the continuing education of behavior analysts or assistant behavior analysts, as applicable. (b) Include, without limitation, a requirement that the holder of a license receive at least 2 hours of instruction on evidence-based suicide prevention and awareness. (c) Include, without limitation, a requirement that the holder of a license as a behavior analyst receive at least [2] 6 hours of instruction relating to cultural competency and diversity, equity and inclusion. Such instruction: (1) May include the training provided pursuant to NRS 449.103, where applicable. (2) Must be based upon a range of research from diverse sources. (3) Must address persons of different cultural backgrounds, including, without limitation: (I) Persons from various gender, racial and ethnic backgrounds; (II) Persons from various religious backgrounds; (III) Lesbian, gay, bisexual, transgender and questioning persons; (IV) Children and senior citizens; (V) Veterans; (VI) Persons with a mental illness; (VII) Persons with an intellectual disability, developmental disability or physical disability; and (VIII) Persons who are part of any other population that a behavior analyst may need to better understand, as determined by the Board. 4. The Board shall not adopt regulations requiring a registered behavior technician to receive continuing education. Sec. 9.5. The provisions of subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature. Sec. 10. 1. This section becomes effective upon passage and approval. 2. Sections 1 to 9.5, inclusive, of this act become effective: – 13 – - 82nd Session (2023) (a) Upon passage and approval for the purpose of adopting any regulations and performing any other preparatory administrative tasks that are necessary to carry out the provisions of this act; and (b) On January 1, 2024, for all other purposes. 20 ~~~~~ 23