Nevada § 458.112 - Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty

§ 458.112. Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty

1. A treatment provider, a facility or an operator of a program for alcohol or other

substance use disorder, or a person who provides any form of advertising or marketing

services on behalf of such a provider, facility or operator, shall not: (a) Make a false or misleading statement or provide false or misleading information

about the products, goods, services or geographical locations of the treatment provider,

facility or program for alcohol or other substance use disorder in the marketing,

advertising materials or media or on the Internet website of the treatment provider,

facility or operator of the program for alcohol or other substance use disorder; (b) Post or otherwise allow on the Internet website of the treatment provider, facility

or program for alcohol or other substance use disorder false information or electronic

links, coding or activation that provides false information or that surreptitiously

directs the reader to another Internet website; (c) Solicit, receive or attempt to solicit or receive a commission, benefit, bonus,

rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in

or attempt to engage in a split-fee arrangement in return for a referral or an acceptance

or acknowledgment of treatment from the treatment provider, facility or operator of

the program for alcohol or other substance use disorder; or (d) Enter into a contract with a person who provides marketing services who agrees

to generate referrals or leads for the placement of patients with the treatment provider,

facility or operator of the program for alcohol or other substance use disorder through

a call center or web-based presence, unless the treatment provider, facility or operator

of the program provides to the prospective patient: (1) A clear disclosure to inform the prospective patient that the person providing

the marketing services represents a specific treatment provider, facility or operator

of a program for alcohol or other substance use disorder which pays a fee to the person

providing the marketing services and the identity of the treatment provider, facility

or operator of a program represented by the person; and (2) Instructions on the manner in which any list of treatment providers, facilities

or programs for alcohol or other substance use disorders provided by the Division

on its Internet website may be accessed. 2. The provisions of paragraph (d) of subsection 1 do not apply to a state agency,

a contractor thereof or an entity that otherwise receives financial support from the

State which refers a person to a treatment provider, facility or program for alcohol

or other substance use disorders that is operated or financially supported by the

State. 3. Any violation of the provisions of this section is a misdemeanor.