Text of NV AB 267 (2023)
Revises provisions governing cultural competency training. (BDR 40-820)
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As introduced
43,777 characters
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 –
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*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
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*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
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*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
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*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
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*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
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*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
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*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 –
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*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 –
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*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 –
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*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 –
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*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
-
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 –
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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
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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.
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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.
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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.
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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:
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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.
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