Existing law requires the Nevada Transportation Authority to supervise and regulate common motor carriers of passengers and contract motor carriers of passengers, including private providers of nonmedical emergency transportation, while exempting government vehicles from such regulation. (NRS 706.163, 706.166) Existing law requires a private provider of nonemergency medical transportation to obtain from the Authority a certificate of public convenience and necessity to operate as a common motor carrier or a permit to act as a contract motor carrier. (NRS 706.036, 706.051, 706.386, 706.421)
Existing law also requires the Division of Public and Behavioral Health of the Department of Health and Human Services, in a county whose population is less than 700,000 (currently all counties other than Clark County), or the district board of health, in a county whose population is 700,000 or more (currently Clark County), to issue permits for the operation of an ambulance, an air ambulance or a vehicle of a fire-fighting agency. (NRS 450B.100, 450B.200) Existing law also requires the State Board of Health, in a county whose population is less than 700,000 (currently all counties other than Clark County), or the district board of health, in a county whose population is 700,000 or more (currently Clark County), to adopt regulations establishing minimum standards for vehicles for ambulances, air ambulances and vehicles of a fire-fighting agency. (NRS 450B.130)
This bill transfers regulatory authority over providers of nonemergency medical transportation from the Nevada Transportation Authority to: (1) the district board of health in a county whose population is 700,000 or more (currently Clark County); or (2) the Division in all other counties. Section 24 of this bill removes the requirement that a private operator of a vehicle for nonemergency medical transportation obtain a certificate or permit from the Nevada Transportation Authority, and section 16 of this bill instead requires a private operator of such a vehicle to obtain a permit from the district board of health or the Division, as applicable. Sections 8 and 12 of this bill accordingly authorize the operator of such a vehicle to obtain such a permit. Section 12 additionally limits the fee for such a permit to not more than $200. Section 13 of this bill clarifies the scope of a provisional permit to own or operate a vehicle for nonemergency medical transportation services. Sections 9 and 10 of this bill authorize: (1) the district board of health to regulate nonemergency medical transportation in a county whose population is 700,000 or more (currently Clark County); and (2) the State Board of Health to regulate nonemergency medical transportation in all other counties. Section 1 of this bill makes a conforming change to clarify that the district health department in a county whose population is less than 700,000 (currently all counties other than Clark County) will not be regulating nonemergency medical transportation. Section 14 of this bill prohibits a private owner of a vehicle for nonemergency medical transportation to permit the operation of the vehicle in violation of the standards prescribed by the applicable board. Section 15 of this bill requires a provider of nonemergency medical transportation to file his or her schedule of rates with the Division or district board of health, as applicable. Sections 12 and 17 of this bill clarify that the issuance of a permit does not exempt a provider of nonemergency medical transportation from local franchising and permitting requirements. Section 5 of this bill defines the term “nonemergency medical transportation,” and section 7 of this bill establishes the applicability of that definition. Section 18 of this bill preserves the existing exemption for governmental entities that provide nonemergency medical transportation from permitting and regulation. Sections 19 and 20 of this bill require the driver of a vehicle for nonemergency medical transportation to report the abuse, neglect, isolation or abandonment of an elderly or vulnerable person or the abuse or neglect of a child. Such a driver would also be required to report the commercial sexual exploitation of a child. (NRS 432C.110) A willful failure to make such a report would be a misdemeanor or gross misdemeanor, depending on the circumstances. (NRS 200.5093, 432B.240, 432C.110)
Existing law exempts from certification by the Nevada Transportation Authority a common motor carrier that enters into an agreement with certain local governmental entities to provide nonemergency medical transportation to facilitate the participation of certain persons in jobs and day training services under certain conditions. (NRS 706.745) Section 6 of this bill preserves that exemption from permitting under the same conditions. Sections 2, 3, 20 and 21 of this bill make conforming changes to reflect that nonemergency medical transportation will now be regulated by the Division and the State Board of Health or the district board of health rather than the Nevada Transportation Authority. Sections 11 and 23 of this bill make conforming changes to avoid granting new authority to providers of nonemergency medical transportation.
Statutes affected: As Introduced: 439.410, 441A.560, 441A.720, 450B.020, 450B.100, 450B.130, 450B.140, 450B.1993, 450B.200, 450B.210, 450B.230, 450B.235, 450B.240, 450B.820, 450B.830, 200.5093, 432B.220, 433A.160, 433A.330, 639.268, 706.745
BDR: 439.410, 441A.560, 441A.720, 450B.020, 450B.100, 450B.130, 450B.140, 450B.1993, 450B.200, 450B.210, 450B.230, 450B.235, 450B.240, 450B.820, 450B.830, 200.5093, 432B.220, 433A.160, 433A.330, 639.268, 706.745