Existing law requires the Division of Public and Behavioral Health of the Department of Health and Human Services to perform certain duties relating to the administration of public health and behavioral health in this State, including licensing and regulating certain health care facilities. (NRS 433.233-433.424, 439.150-439.263, chapter 449 of NRS, NRS 458.025-458.131) Section 6 of this bill: (1) establishes the State Office of Health Care Workforce and Licensing within the Division; and (2) requires the Administrator of the Division to appoint the Director of the Office. Sections 2, 4 and 5 of this bill define certain terms relating to the Office, and sections 3 and 10 of this bill establish the applicability of those definitions. Section 7 of this bill requires the Director to perform certain duties relating to the health care workforce in this State. Section 8 of this bill authorizes the Director of the Office to accept gifts, grants and donations. Section 9 of this bill establishes the Account for the State Office of Health Care Workforce and Licensing to support the activities of the Office.
Existing law requires the Director of the Department to collect certain information relating to demographics and practice conditions of providers of health care and maintain a database of such information. (NRS 439A.116) Existing law also requires the Department to: (1) collect certain additional information from physicians concerning their employment; and (2) annually publish a report based on such data. (NRS 439A.124) Existing law additionally establishes the Physician Visa Waiver Program to facilitate the employment of certain foreign physicians in this State. (NRS 439A.170) Sections 7, 11-15, 17-20, 85-101, 106, 110, 115, 121 and 128 of this bill transfer the authority to oversee and implement those programs from the Director of the Department and the Department to the Director of the Office and the Office. Section 145 of this bill eliminates certain unnecessary definitions, and section 16 of this bill makes a conforming change to eliminate a reference to those definitions.
Existing law establishes the Office of Science, Innovation and Technology in the Office of the Governor. (NRS 223.600) Existing law requires the Office of Science, Innovation and Technology to establish the Graduate Medical Education Grant Program for the purpose of awarding grants to institutions seeking to create, expand or retain accredited programs for residency training and postdoctoral fellowships for physicians. (NRS 223.637) Existing law: (1) establishes the Advisory Council on Graduate Medical Education within the Office of Science, Innovation and Technology; and (2) requires the Council to make recommendations to the Office concerning applications for grants pursuant to the Grant Program. (NRS 223.633, 223.635) Sections 7 and 26-32 of this bill transfer oversight of the Advisory Council and the responsibility for carrying out the Grant Program to the State Office of Health Care Workforce and Licensing. Section 32 also revises the recipients of an existing report concerning the Grant Program to additionally include the Director of the Department and the Administrator.
Existing law establishes: (1) the Student Loan Repayment for Providers of Health Care in Underserved Communities Program, which is administered by the State Treasurer; and (2) various programs within the University of Nevada to improve the health care workforce of this State. (NRS 226.450-226.466, 396.900-396.908) Sections 33 and 44-49 of this bill authorize the State Treasurer and the various entities within the University that are responsible for implementing those programs to consult with and request the assistance of the Director of the Office. Upon receiving such a request, section 7 requires the Director to engage in such consultation and, within the limits of available resources, provide such assistance.
Existing law provides for the regulation of: (1) psychologists by the Board of Psychological Examiners; (2) marriage and family therapists and clinical professional counselors by the Board of Examiners for Marriage and Family Therapists and Clinical Professional Counselors; (3) social workers by the Board of Examiners for Social Workers; (4) alcohol and drug counselors and problem gambling counselors by the Board of Examiners for Alcohol, Drug and Gambling Counselors; and (5) behavior analysts, assistant behavior analysts and registered behavior technicians by the Board of Applied Behavior Analysis. (Chapters 641-641D of NRS) Section 146 of this bill eliminates those licensing boards, and section 63 of this bill creates the Board of Behavioral Health Professionals within the Office to replace the licensing boards eliminated by section 146. Sections 43, 102, 108, 111, 116 and 123 of this bill transfer the responsibility for regulating psychologists, marriage and family therapists, clinical professional counselors, social workers, alcohol and drug counselors, problem gambling counselors, behavior analysts, assistant behavior analysts and registered behavior technicians to the Board. Section 70 of this bill requires the Board to submit to the Legislature and each regional behavioral health policy board a report currently submitted by certain licensing boards eliminated by section 146 that contains information concerning investigations, disciplinary actions and applications for licensure. (NRS 641.145, 641A.183, 641B.165, 641C.230)
Sections 60-62 of this bill define certain terms relating to the Board, and section 59 of this bill establishes the applicability of those definitions. Sections 63-67 of this bill prescribe various requirements concerning the procedures, officers, training, compensation and records of the Board. Section 68 of this bill requires the Director of the Office to manage the finances of the Board, and sections 69, 113 and 119 of this bill authorize the Director to maintain offices, employ persons and enter into contracts on behalf of the Board. Section 25 of this bill exempts the Board from certain requirements relating to financial records and legislative audits that normally apply to professional licensing boards because the Board will not be responsible for its own finances. Sections 38-42 of this bill instead subject the actions taken by the Director pursuant to sections 68 and 69 to requirements governing state employment and budgeting that apply to state agencies generally. Sections 71-76 of this bill establish three advisory committees to advise the Board and assist the Board with certain duties. Section 77 of this bill establishes provisions governing the appointment and procedure of those advisory committees. Section 78 of this bill authorizes the Director to establish additional permanent or temporary committees to advise the Board concerning any aspect of its duties.
Sections 21, 22, 24, 34, 35, 37, 43, 50-57, 79-84, 104, 109, 113, 126, 127 and 129 of this bill make various conforming changes to ensure that: (1) the Board assumes the powers and duties of the licensing boards eliminated by section 146 and is otherwise treated similarly to those licensing boards; and (2) the legal status of behavioral health professionals is not changed by this bill. Sections 23, 36, 37, 104, 109, 113, 114, 118, 120, 122, 125 and 146 of this bill make additional conforming changes to remove: (1) references to the eliminated boards from sections that are not applicable to the Board; and (2) provisions that are duplicative of sections 63-70 or are no longer applicable. Sections 103, 105, 107, 112, 117 and 124 of this bill make conforming changes to clarify the applicability of certain provisions of existing law. Section 130 of this bill requires the Director to: (1) collaborate with the Board when performing certain duties relating to the health care workforce; and (2) provide support to the Board.
Section 137 of this bill requires the Division to: (1) develop a plan for transferring the duties of the licensing boards eliminated by section 146 to the Board; (2) present and adopt the plan at separate public meetings; and (3) notify the Governor, the Legislature and the licensing boards eliminated by section 146 of the date of the planned transition at least 90 days before that date.
Statutes affected: As Introduced: 439A.010, 439A.116, 439A.118, 439A.121, 439A.122, 439A.124, 439A.130, 439A.170, 439A.175, 439A.180, 450B.805, 458A.057, 49.213, 86.555, 179A.100, 218G.400, 223.610, 223.630, 223.631, 223.633, 223.635, 223.637, 223.639, 226.464, 232.361, 232.8415, 232A.015, 239.010, 284.013, 353.005, 353A.020, 353A.025, 353A.045, 391.0349, 396.898, 396.902, 396.905, 396.906, 396.907, 396.908, 433A.162, 433A.170, 433A.195, 433A.200, 433A.335, 484C.300, 488.430, 608.0116, 622.200, 622A.120, 629.051, 629.053, 629.079, 629.250, 630.2671, 630A.327, 631.332, 632.3423, 633.4716, 634.1303, 634A.169, 635.111, 636.262, 637.145, 637B.192, 639.183, 640.152, 640A.185, 640B.405, 640D.135, 640E.225, 641.021, 641.029, 641.110, 641.190, 641.2215, 641A.030, 641A.170, 641A.217, 641B.030, 641B.040, 641B.250, 641B.260, 641B.281, 641C.030, 641C.130, 641C.190, 641C.290, 641C.310, 641C.455, 641C.740, 641D.040, 641D.110, 641D.250, 641D.380, 644A.880, 652.126, 654.185
BDR: 439A.010, 439A.116, 439A.118, 439A.121, 439A.122, 439A.124, 439A.130, 439A.170, 439A.175, 439A.180, 450B.805, 458A.057, 49.213, 86.555, 179A.100, 218G.400, 223.610, 223.630, 223.631, 223.633, 223.635, 223.637, 223.639, 226.464, 232.361, 232.8415, 232A.015, 239.010, 284.013, 353.005, 353A.020, 353A.025, 353A.045, 391.0349, 396.898, 396.902, 396.905, 396.906, 396.907, 396.908, 433A.162, 433A.170, 433A.195, 433A.200, 433A.335, 484C.300, 488.430, 608.0116, 622.200, 622A.120, 629.051, 629.053, 629.079, 629.250, 630.2671, 630A.327, 631.332, 632.3423, 633.4716, 634.1303, 634A.169, 635.111, 636.262, 637.145, 637B.192, 639.183, 640.152, 640A.185, 640B.405, 640D.135, 640E.225, 641.021, 641.029, 641.110, 641.190, 641.2215, 641A.030, 641A.170, 641A.217, 641B.030, 641B.040, 641B.250, 641B.260, 641B.281, 641C.030, 641C.130, 641C.190, 641C.290, 641C.310, 641C.455, 641C.740, 641D.040, 641D.110, 641D.250, 641D.380, 644A.880, 652.126, 654.185