Nevada § 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

§ 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, including,

without limitation, a senior living community referral agency. 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. 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 .