449.0305 - Businesses that provide referrals to residential facilities for groups: License required; standards and regulations; provision of referrals; prohibited acts; civil penalties. - Nevada Statutes

449.0305  Businesses that provide referrals to residential facilities for groups: 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.

      2.  The Board shall adopt:

      (a) Standards for the licensing of businesses that provide referrals to residential facilities for groups;

      (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 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 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 that is owned by the same person who owns the business.

Ê 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 State Board of Health 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 State Board of Health shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residents of residential facilities for groups.

      5.  This section does not apply to a medical facility that is licensed pursuant to NRS 449.001 to 449.240, inclusive, on October 1, 1999.

      (Added to NRS by 1999, 3606)