AB60 - Revises provisions relating to certain behavioral health services. (BDR 39-434)

- 83rd Session (2025) Assembly Bill No. 60–Committee on Health and Human Services CHAPTER.......... AN ACT relating to behavioral health; requiring the certification of a natural person who holds himself or herself out as a certified prevention specialist; prohibiting a minor from providing or supervising the provision of peer recovery support services; authorizing the imposition of civil penalties for certain violations; prohibiting the employment or retention as an independent contractor of a natural person to serve as a certified prevention specialist in a position where the natural person has regular and substantial contact with minors if the natural person has been found to have engaged in certain conduct; requiring a certified prevention specialist to report certain information; requiring a substance use disorder prevention coalition to employ or enter into contracts with certified prevention specialists for certain purposes; and providing other matters properly relating thereto. Legislative Counsel’s Digest: In general, existing law requires an adult to be certified as a peer recovery support specialist or peer recovery support specialist supervisor by the Nevada Certification Board or, if that Board ceases issuing such certificates, the Division of Public and Behavioral Health of the Department of Health and Human Services, in order to provide peer recovery support services or supervise the provision of such services, as applicable, for compensation as a regular part of his or her job duties. However, existing law authorizes an adult who is not a peer recovery support specialist to provide peer recovery support services as a regular part of his or her job duties while serving as a peer recovery support specialist intern if the Nevada Certification Board or the Division, as applicable, has established conditions authorizing such internships. (NRS 433.631) Section 7 of this bill additionally prohibits a minor from providing or supervising the provision of peer recovery support services for compensation as a regular part of his or her job duties. Sections 7, 8 and 13 of this bill authorize the Division to impose a civil penalty or bring an action for an injunction against a minor who: (1) provides peer recovery support services; or (2) supervises the provision of peer recovery support services. Sections 4-6, 14 and 15 of this bill make various conforming changes to: (1) reflect that the provisions of law governing peer recovery support services apply to both adults and minors; and (2) clarify that those provisions of law apply only to natural persons. Section 25 of this bill repeals a definition that is no longer used, and section 2 of this bill eliminates a reference to that definition. Sections 3, 7 and 8 of this bill prohibit a natural person from holding himself or herself out as a certified prevention specialist unless he or she is certified as such by the Nevada Certification Board or, if that Board ceases to certify certified prevention specialists, peer recovery support specialists or peer recovery support specialist supervisors, the Division. Section 1 of this bill defines “certified prevention specialist” to mean a natural person who: (1) holds such certification; and (2) supervises, reviews and implements evidence-based programs, policies, – 2 – - 83rd Session (2025) practices and other culturally relevant interventions in schools or communities to prevent or reduce the harms caused by substance use, substance use disorder and other behavioral health disorders or address systemic barriers to wellness. Section 2 of this bill makes conforming changes to indicate the applicability of that definition. Sections 7 and 13 authorize the Division to impose a civil penalty or bring an action for an injunction against a natural person who holds himself or herself out as a certified prevention specialist without being certified as such. Sections 9-12, 14-17 and 19-23 of this bill make various changes so that certified prevention specialists are treated similarly to peer recovery support specialists and peer recovery support specialist supervisors for purposes related to: (1) regulation, certification and background checks; (2) mandatory reporting of certain crimes and violations; and (3) exemption from the applicability of provisions of law governing certain other professions that provide behavioral health services. Existing law: (1) provides for the certification of substance use disorder prevention coalitions; (2) requires a certified substance use disorder prevention coalition to perform certain duties relating to the prevention of substance misuse and substance use disorder; and (3) requires the Division to collaborate with and utilize certified substance use disorder prevention coalitions as the primary local and regional entities to coordinate programs and strategies for the prevention of substance use disorders in this State. (NRS 458.033) Section 18 of this bill requires a substance use disorder prevention coalition to employ or enter into contracts with certified prevention specialists as necessary to perform the duties of the coalition. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 433 of NRS is hereby amended by adding thereto a new section to read as follows: “Certified prevention specialist” means a natural person who: 1. Supervises, reviews and implements evidence-based programs, policies, practices and other culturally relevant interventions in schools or communities to: (a) Prevent substance use, early-onset substance use, substance use disorder and other behavioral health disorders; (b) Reduce the harms caused by substance use, substance use disorder and other behavioral health disorders; or (c) Address systemic barriers to wellness for the purposes of improving public health and reducing the frequency of substance misuse, substance use disorder and other behavioral health disorders; and 2. Is authorized under the provisions of NRS 433.631 to hold himself or herself out as a certified prevention specialist. Sec. 2. NRS 433.622 is hereby amended to read as follows: 433.622 As used in NRS 433.622 to 433.641, inclusive, and section 1 of this act, unless the context otherwise requires, the – 3 – - 83rd Session (2025) words and terms defined in NRS [433.623] 433.624 to 433.629, inclusive, and section 1 of this act have the meanings ascribed to them in those sections. Sec. 3. NRS 433.625 is hereby amended to read as follows: 433.625 “Certificate” means a certificate issued by the Division that authorizes the holder to hold himself or herself out as a certified prevention specialist or provide or supervise the provision of peer recovery support services, as applicable. Sec. 4. NRS 433.627 is hereby amended to read as follows: 433.627 “Peer recovery support specialist” means [an adult] a natural person who is authorized under the provisions of NRS 433.631 to provide peer recovery support services for compensation as a regular part of his or her job duties. The term does not include a peer recovery support specialist intern. Sec. 5. NRS 433.628 is hereby amended to read as follows: 433.628 “Peer recovery support specialist intern” means [an adult] a natural person who is authorized under the provisions of NRS 433.631 to provide peer recovery support services for compensation as a regular part of his or her job duties while the [adult] natural person is acquiring the experience necessary for certification as a peer recovery support specialist. Sec. 6. NRS 433.629 is hereby amended to read as follows: 433.629 “Peer recovery support specialist supervisor” means [an adult] a natural person who is authorized under the provisions of NRS 433.631 to supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties. Sec. 7. NRS 433.631 is hereby amended to read as follows: 433.631 1. Except as authorized by subsection 2, [an adult] a natural person shall not: (a) Provide peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to provide peer recovery support services unless he or she [holds] : (1) Is at least 18 years of age; and (2) Holds a valid certificate as a peer recovery support specialist issued by the Nevada Certification Board or its successor organization. (b) Supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to supervise the provision of peer recovery support services unless he or she [holds] : (1) Is at least 18 years of age; and – 4 – - 83rd Session (2025) (2) Holds a valid certificate as a peer recovery support specialist supervisor issued by the Nevada Certification Board or its successor organization. (c) Hold himself or herself out as a certified prevention specialist unless he or she: (1) Is at least 18 years of age; and (2) Holds a valid certificate as a certified prevention specialist issued by the Nevada Certification Board or its successor organization. 2. If the Nevada Certification Board or its successor organization establishes conditions governing the provision of peer recovery support services by a natural person who is not certified as a peer recovery support specialist while the natural person is acquiring the experience necessary for certification as a peer recovery support specialist, [an adult] a natural person who is at least 18 years of age and is not certified as a peer recovery support specialist may: (a) Provide peer recovery support services for compensation as a regular part of his or her job duties under those conditions; and (b) Use the title of “peer recovery support specialist intern” while providing peer recovery support services under those conditions. 3. The Division may impose upon [an adult] a natural person who violates this section a civil penalty in an amount prescribed by regulation of the Board. Sec. 8. NRS 433.631 is hereby amended to read as follows: 433.631 1. Except as authorized by subsection 2, [an adult] a natural person shall not: (a) Provide peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to provide peer recovery support services unless he or she [holds] : (1) Is at least 18 years of age; and (2) Holds a valid certificate as a peer recovery support specialist issued by the Division. (b) Supervise the provision of peer recovery support services for compensation as a regular part of his or her job duties or hold himself or herself out as authorized to supervise the provision of peer recovery support services unless he or she [holds] : (1) Is at least 18 years of age; and (2) Holds a valid certificate as a peer recovery support specialist supervisor issued by the Division. – 5 – - 83rd Session (2025) (c) Hold himself or herself out as a certified prevention specialist unless he or she: (1) Is at least 18 years of age; and (2) Holds a valid certificate as a certified prevention specialist issued by the Division. 2. The Division may adopt regulations establishing conditions under which [an adult] a natural person who is at least 18 years of age and is not certified as a peer recovery support specialist may: (a) Provide peer recovery support services for compensation as a regular part of his or her job duties while acquiring the experience necessary for certification; and (b) Use the title of “peer recovery support specialist intern.” 3. The Division may impose upon [an adult] a natural person who violates this section a civil penalty in an amount prescribed by regulation of the Board. Sec. 9. NRS 433.632 is hereby amended to read as follows: 433.632 1. The Board shall adopt regulations governing the practice of certified prevention specialists and the provision of peer recovery support services. The regulations must prescribe: (a) The requirements for the issuance and renewal of a certificate as a certified prevention specialist, peer recovery support specialist or peer recovery support specialist supervisor, which must include, without limitation, required training and experience for certified prevention specialists, peer recovery support specialists and peer recovery support specialist supervisors. (b) Requirements governing the supervision of peer recovery support specialists by peer recovery support specialist supervisors. (c) Procedures for the Division to investigate misconduct by a certified prevention specialist, peer recovery support specialist or peer recovery support specialist supervisor and to impose disciplinary action for such misconduct. (d) The forms of disciplinary action that the Division may impose against a certified prevention specialist, peer recovery support specialist or peer recovery support specialist supervisor. 2. The Board may, by regulation, prescribe a fee for: (a) The issuance of a certificate; and (b) The renewal of a certificate. 3. Any fee prescribed pursuant to subsection 2 must be calculated to produce the revenue estimated to cover the costs related to the issuance and renewal of certificates, but in no case may the fee for the issuance or renewal of a certificate exceed the actual cost to the Division of issuing or renewing the certificate, as applicable. – 6 – - 83rd Session (2025) 4. The regulations adopted pursuant to this section may establish exemptions from the provisions of NRS 433.631. Sec. 10. NRS 433.635 is hereby amended to read as follows: 433.635 1. The Division may issue a certificate by endorsement as a certified prevention specialist, peer recovery support specialist or peer recovery support specialist supervisor to an applicant who meets the requirements set forth in this section. An applicant may submit to the Division an application for such a certificate if the applicant holds a corresponding valid and unrestricted license, certificate or other credential as a certified prevention specialist, peer recovery support specialist or peer recovery support specialist supervisor, as applicable, in the District of Columbia or any state or territory of the United States. 2. An applicant for a certificate by endorsement pursuant to this section must submit to the Division with his or her application: [Text truncated for display. Full text available on LegiScan.]