NRS 449.0305
Businesses that provide referrals to residential facilities for groups and certain other group housing arrangements: License required

  • standards and regulations
  • provision of referrals
  • prohibited acts
  • civil penalties.

1.

Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups or any other group housing arrangement that provides assistance, food, shelter or limited supervision to a person with a mental illness, intellectual disability, developmental disability or physical disability or who is aged or infirm.

2.

The Board shall adopt:

(a)

Standards for the licensing of businesses described in subsection 1;

(b)

Standards relating to the fees charged by such businesses;

(c)

Regulations governing the licensing of such businesses; and

(d)

Regulations establishing requirements for training the employees of such businesses.

3.

A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.

4.

A business that is licensed pursuant to this section or an employee of such a business shall not:

(a)

Refer a person to a residential facility for groups that is not licensed.

(b)

Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 if the business or its employee knows or reasonably should know that the facility or other group housing arrangement, or the services provided by the facility or other group housing arrangement, are not appropriate for the condition of the person being referred.

(c)

Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 that is owned by the same person who owns the business.
Ê A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

5.

This section does not apply to a medical facility that is licensed pursuant to NRS 449.029 to 449.2428, inclusive, on October 1, 1999.

6.

As used in this section:

(a)

“Developmental disability” has the meaning ascribed to it in NRS 435.007.

(b)

“Intellectual disability” has the meaning ascribed to it in NRS 435.007.

(c)

“Mental illness” has the meaning ascribed to it in NRS 433.164.

Source: Section 449.0305 — Businesses that provide referrals to residential facilities for groups and certain other group housing arrangements: License required; standards and regulations; provision of referrals; prohibited acts; civil penalties., https://www.­leg.­state.­nv.­us/NRS/NRS-449.­html#NRS449Sec0305.

449.029
“Medical facility” further defined.
449.030
License required to operate or maintain medical facility or facility for the dependent.
449.0301
Exemptions.
449.0302
Board to adopt standards, qualifications and other regulations.
449.0303
Authority of Board to require licensing of other facilities.
449.0304
Board to adopt regulations authorizing employees of certain facilities and agencies to perform certain tasks.
449.0305
Businesses that provide referrals to residential facilities for groups and certain other group housing arrangements: License required
449.0306
Money received from licensing of facilities to be deposited in State General Fund
449.0307
Powers of Division.
449.0308
Authority of Division to collect actual cost of enforcing provisions from unlicensed medical facility, facility for the dependent or certain other facilities
449.03005
License to operate employment agency that contracts with persons in State to provide certain nonmedical services
449.03008
Petition to determine if criminal history will disqualify person from obtaining license
449.03013
Facility for the dependent or medical facility that employs community health workers not required to obtain additional license.
449.03015
Facility for the dependent or medical facility that employs providers of peer support services not required to obtain additional license.
449.03017
Person otherwise licensed under this chapter exempt from requirement to obtain license to operate employment agency that contracts with persons to provide certain nonmedical services.
449.03075
Duty of Division to compile and post information concerning licensing status and quality of certain facilities for the treatment of alcohol or other substance use disorders.
Last Updated

Jun. 24, 2021

§ 449.0305’s source at nv​.us