Nevada Administrative Code

NAC 439.951 “Distance media” defined. (NRS 4.373, 5.055, 439.200) “Distance media” means video, computer, television or any other means that allows a person to communicate with another person from a remote location. (Added to NAC by Bd. of Health by R037-22, eff. 12-29-2022)

NAC 439.952 “Division” defined. (NRS 4.373, 5.055, 439.200) “Division” means the Division of Public and Behavioral Health. (Added to NAC by Bd. of Health by R037-22, eff. 12-29-2022)

NAC 439.953 “Offender” defined. (NRS 4.373, 5.055, 439.200) “Offender” means a person who has been ordered pursuant to NRS 4.373 or 5.055 to actively participate in a program. (Added to NAC by Bd. of Health by R037-22, eff. 12-29-2022)

NAC 439.954 “Participant” defined. (NRS 4.373, 5.055, 439.200) “Participant” means a person who participates in a program, regardless of whether the person is an offender. (Added to NAC by Bd. of Health by R037-22, eff. 12-29-2022)

NAC 439.955 “Program” defined. (NRS 4.373, 5.055, 439.200) “Program” means a program for the treatment of persons who solicit prostitution that is certified by the Division pursuant to NAC 439.957 or 439.959. (Added to NAC by Bd. of Health by R037-22, eff. 12-29-2022)

NAC 439.956 “Program facilitator” defined. (NRS 4.373, 5.055, 439.200) “Program facilitator” means a person approved by the Division pursuant to NAC 439.975 to perform the duties set forth in NAC 439.950 to 439.988, inclusive. (Added to NAC by Bd. of Health by R037-22, eff. 12-29…

NAC 439.957 Application; expiration. (NRS 4.373, 5.055, 439.200) 1. Except as otherwise provided in NAC 439.959, to obtain the certification of a program, the person or governmental entity that operates the program must apply to the Division in the form prescribed by the Division…

NAC 439.958 Application for permission to operate additional location. (NRS 4.373, 5.055, 439.200) 1. A person or governmental entity that operates a program may apply to the Division in the form prescribed by the Division for permission to operate an additional location. The app…

NAC 439.959 Certification by endorsement: Application; expiration; renewal. (NRS 4.373, 5.055, 439.200) 1. A person or governmental entity that operates a program may apply to the Division for certification by endorsement if the program is: (a) Licensed, certified or similarly cr…

NAC 439.960 Notification of Division concerning certain changes; written plan of action to employ or retain sufficient program facilitators. (NRS 4.373, 5.055, 439.200) 1. A person or governmental entity that operates a program shall notify the Division in the form prescribed by …

NAC 439.961 Renewal; reapplication upon expiration. (NRS 4.373, 5.055, 439.200) 1. A person or governmental entity that operates a program may renew a certification issued pursuant to NAC 439.957 by applying to the Division in the form prescribed by the Division and paying the fe…

NAC 439.962 Maintenance and availability of list of currently certified programs. (NRS 4.373, 5.055, 439.200) 1. The Division shall: (a) Maintain a list of programs currently certified pursuant to NAC 439.957 and 439.959; and (b) Make the list publicly available by posting the li…

NAC 439.963 Fees. (NRS 4.373, 5.055, 439.150, 439.200) The Division shall charge and collect the following fees: 1. For an initial application for a certificate, other than a certificate by endorsement...............................................................................…

NAC 439.964 Duties of operator of program to ensure program is accessible regardless of ability of offender to pay. (NRS 4.373, 5.055, 439.200) A person or governmental entity that operates a program shall ensure that the program: 1. Establishes a sliding scale to be used in char…

NAC 439.965 Curriculum and instructional materials. (NRS 4.373, 5.055, 439.200) 1. The curriculum and instructional materials used by a program must be developed in accordance with evidence-based practices and must include, without limitation, instruction concerning: (a) Male and…

NAC 439.966 Monitoring of participant by program facilitator. (NRS 4.373, 5.055, 439.200) A person or governmental entity that operates a program shall ensure that a program facilitator monitors each participant in the program. The program facilitator shall: 1. Evaluate the parti…

NAC 439.967 Duration; orientation; counseling sessions; evaluations. (NRS 4.373, 5.055, 439.200) 1. A program must be for a duration of 10 weeks and, except as otherwise provided in subsection 6, must require a participant in the program to: (a) Attend one orientation session and…

NAC 439.968 Attendance of live, interactive counseling session through distance media. (NRS 4.373, 5.055, 439.200) 1. A person or governmental entity that operates a program shall ensure that a participant is allowed to attend a live, interactive counseling session or other meeti…

NAC 439.969 Completion of program; discharge of participant; termination of treatment. (NRS 4.373, 5.055, 439.200) 1. A person or governmental entity that operates a program shall ensure that the program: (a) Issues a certificate of completion to a participant who: (1) Successful…

NAC 439.970 Confidentiality of records and communications; exceptions; informed consent of participant to exceptions. (NRS 4.373, 5.055, 439.200) 1. A person or governmental entity that operates a program shall ensure that: (a) A program facilitator or any other staff member of t…

NAC 439.971 Agreement setting forth responsibilities of participant and program facilitator. (NRS 4.373, 5.055, 439.200) 1. When a participant is admitted to a program, the person or governmental entity that operates the program must require the participant to enter into an agree…

NAC 439.972 Authority of Division concerning evaluation of program. (NRS 4.373, 5.055, 439.200) The Division may require a program to: 1. Use methods and measures prescribed by the Division to evaluate the outcomes of participants in the program; and 2. Submit to the Division at …

NAC 439.973 Qualifications and duties of director of program. (NRS 4.373, 5.055, 439.200) 1. The director of a program must be a program facilitator or a person who: (a) Is at least 18 years of age; (b) Has received a high school diploma or its equivalent; (c) Understands the pro…

NAC 439.974 Staffing requirements; qualifications; duties; prohibitions. (NRS 4.373, 5.055, 439.200) 1. A program must have at least two program facilitators at all times. 2. To become a program facilitator, a person must: (a) Refrain from engaging in violence; (b) Not currently …

NAC 439.975 Approval by Division; renewal of approval; notification of Division upon change to information. (NRS 4.373, 5.055, 439.200) 1. To obtain the approval of the Division to serve as a program facilitator, a person must apply to the Division. The application must include, …

NAC 439.976 Expiration and renewal of approval by Division, continuing education; reapplication. (NRS 4.373, 5.055, 439.200) 1. A program facilitator may renew the approval to serve as a program facilitator issued pursuant to NAC 439.975 by applying to the Division in the form pr…

NAC 439.977 Authorized subjects of formal training or continuing education. (NRS 4.373, 5.055, 439.200) Formal training or continuing education for program facilitators may concern the following subjects: 1. The cycle of violent or abusive behavior; 2. Cultural values, beliefs an…

NAC 439.978 Approval of Division to offer course of formal training or continuing education; credit for unapproved course. (NRS 4.373, 5.055, 439.200) 1. Except as otherwise provided in subsection 4, to obtain the approval of the Division to offer a course of formal training or c…

NAC 439.979 Disciplinary action: Authorized sanctions; grounds; prohibition on serving while approval revoked or suspended. (NRS 4.373, 5.055, 439.200) 1. The Division may deny, refuse to renew, revoke or suspend approval to serve as a program facilitator, place a program facilit…

NAC 439.980 Investigation by Division; assessment and collection of costs relating to imposition of disciplinary action. (NRS 4.373, 5.055, 439.200) 1. The Division may conduct any investigation necessary to carry out the provisions of NAC 439.979, including, without limitation, …

NAC 439.981 Disciplinary action against program: Grounds; assessment and collection of costs. (NRS 4.373, 5.055, 439.200) 1. The Division may refuse to issue or renew a certificate for a program, revoke or suspend a certificate, or place a program on probation with specified cond…

NAC 439.982 Appeals. (NRS 4.373, 5.055, 439.200) 1. An aggrieved person may appeal a decision of the Division concerning: (a) Any disciplinary action taken against a program facilitator pursuant to NAC 439.979 or a program pursuant to NAC 439.981; or (b) The denial of approval of…

NAC 439.983 Notification of intention to suspend approval of program facilitator or certificate of program; contents of written warning. (NRS 4.373, 5.055, 439.200) 1. If the Division intends to suspend approval of a person to serve as a program facilitator pursuant to NAC 439.97…

NAC 439.984 Sufficiency of notice. (NRS 4.373, 5.055, 439.200) Any notice that is required to be provided to a person pursuant to chapter 233B of NRS, NAC 439.300 to 439.395, inclusive, or 439.950 to 439.988, inclusive, shall be deemed sufficient if the notice is sent to the last…

NAC 439.985 On-site inspection of program. (NRS 4.373, 5.055, 439.200) 1. The Division may conduct an on-site inspection of a program at any time to determine whether the person or governmental entity that operates the program is in compliance with the provisions of NAC 439.950 t…

NAC 439.986 Submission of complaint against program or program facilitator; investigation of valid complaint; effect of dismissal of complaint. (NRS 4.373, 5.055, 439.200) 1. Any person may submit a complaint to the Division alleging that a program or program facilitator has viol…

NAC 439.987 Reimbursement of expenses for out-of-state investigation; plans for correction of violation. (NRS 4.373, 5.055, 439.200) 1. If an employee of the Division travels to investigate a program facilitator for a program that is not located in this State pursuant to NAC 439.…

NAC 439.988 Confidentiality of proceedings and investigations resulting from complaint; release of report. (NRS 4.373, 5.055, 439.200) 1. Except as otherwise provided in this section and NAC 439.987, all proceedings and investigations resulting from the submission of a complaint …

NAC 439A.010 Definitions. (NRS 439A.081) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 439A.070 to 439A.240, inclusive, have the meanings ascribed to them in those sections. (Supplied in codification; A by Dep’t of Human Resour…

NAC 439A.070 “Capital expenditure” defined. (NRS 439A.081) “Capital expenditure” means any expenditure, made by or on behalf of a health facility including the cost of predevelopmental activities, the encumbrance of funds, leases, contractual agreements or donations for purposes …

NAC 439A.100 “Donation” defined. (NRS 439A.081) “Donation” means a gift or free contribution which, if accepted, increases capital assets by an amount which, under generally accepted accounting principles, would normally require a review as a capital expenditure. [Dep’t of Human …

NAC 439A.130 “Health maintenance organization” defined. (NRS 439A.081) “Health maintenance organization” has the meaning ascribed to it in subsection 6 of NRS 695C.030. [Dep’t of Human Resources, Health Facilities Reg. Art. A § 13, eff. 5-13-82]

NAC 439A.180 “Hospital” defined. (NRS 439A.081) “Hospital” has the meaning ascribed to it in NRS 449.012. [Dep’t of Human Resources, Health Facilities Reg. Art. A § 18, eff. 5-13-82]

NAC 439A.205 “Letter of approval” defined. (NRS 439A.081) “Letter of approval” means a document, commonly known as a certificate of need, which is issued by the Director pursuant to NAC 439A.455 and which indicates the approval of a proposed project for which approval is required…

NAC 439A.215 “Maximum capital expenditure” defined. (NRS 439A.081) “Maximum capital expenditure” means that amount specified in a letter of approval. (Added to NAC by Dep’t of Human Resources, eff. 9-4-84; A 11-25-86)

NAC 439A.226 “New construction” defined. (NRS 439A.081, 439A.100) “New construction” means: 1. Construction of a new health facility or construction which increases the square footage in an existing health facility; or 2. The redesign or renovation of an existing building which i…

NAC 439A.240 “Person” defined. (NRS 439A.081) “Person” means a natural person, trust, estate, partnership, corporation (including an association, joint stock company and insurance company), state, political subdivision or instrumentality or a legal entity recognized by the State.…