AB521 - Revises provisions relating to the protection of children. (BDR 40-1099)

- 83rd Session (2025) Assembly Bill No. 521–Committee on Health and Human Services CHAPTER.......... AN ACT relating to the protection of children; requiring an investigation of the history of abuse or neglect of certain persons associated with certain medical facilities and organizations; requiring such a facility to terminate the employment of such persons based on the results of such an investigation under certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law establishes the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child, which contains information regarding any substantiated report of child abuse or neglect made pursuant to existing law. Existing law authorizes the Division of Child and Family Services of the Department of Health and Human Services to release information contained in the Statewide Central Registry to an employer under certain circumstances to determine whether a person whose background is being investigated by the employer has been found to have abused or neglected a child. (NRS 432.100) Section 1 of this bill defines “Statewide Central Registry” as the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child. Section 2 of this bill applies the definitions in existing law and section 1 to the provisions of sections 3-7 of this bill. Sections 3 and 4 require an applicant for a license, a license holder and certain employees and independent contractors of certain facilities to provide written authorization for the release of any information within the immediately preceding 5 years that may be stored in the Statewide Central Registry to determine whether there has been a substantiated report of child abuse or neglect made against the person. Section 5 similarly requires certain employees and independent contractors of certain intermediary service organizations to provide written authorization for the release of any information within the immediately preceding 5 years that may be stored in the Statewide Central Registry to determine whether there has been a substantiated report of child abuse or neglect made against the person. Section 6 requires the holder of a certificate to operate an intermediary service organization to terminate the employment of a person who has had a substantiated report of child abuse or neglect made against him or her. Section 7 authorizes the Division to deny, suspend or revoke a certificate to operate an intermediary service organization if the holder of the certificate: (1) has continued to employ a person who has had a substantiated report of child abuse or neglect made against him or her; or (2) has had a substantiated report of child abuse or neglect made against him or her. – 2 – - 83rd Session (2025) 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 449 of NRS is hereby amended by adding thereto a new section to read as follows: “Statewide Central Registry” means the Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established by NRS 432.100. Sec. 2. NRS 449.001 is hereby amended to read as follows: 449.001 As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, and section 1 of this act have the meanings ascribed to them in those sections. Sec. 3. NRS 449.122 is hereby amended to read as follows: 449.122 1. Each applicant for a license to operate a facility, hospital, agency, program or home shall submit [to] : (a) To the Central Repository for Nevada Records of Criminal History one complete set of fingerprints for submission to the Federal Bureau of Investigation for its report [.] ; and (b) Written authorization to the Division for the release of any information that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the applicant has resided within the immediately preceding 5 years to determine whether there has been a substantiated report of child abuse or neglect made against the applicant. 2. The Central Repository for Nevada Records of Criminal History shall determine whether the applicant has been convicted of a crime listed in paragraph (a) of subsection 1 of NRS 449.174 and immediately inform the administrator of the facility, hospital, agency, program or home, if any, and the Division of whether the applicant has been convicted of such a crime. 3. A person who holds a license to operate a facility, hospital, agency, program or home which provides residential services to children, a psychiatric hospital that provides inpatient services to children or a psychiatric residential treatment facility shall submit [to] : (a) To the Central Repository for Nevada Records of Criminal History one complete set of fingerprints for a report required by this section at least once every 5 years after the initial investigation [.] ; and – 3 – - 83rd Session (2025) (b) Written authorization to the Division for the release of any information that may be available from the Statewide Central Registry to determine whether there has been a substantiated report of child abuse or neglect made against the person at least once every 5 years after the initial investigation. Sec. 4. NRS 449.123 is hereby amended to read as follows: 449.123 1. Except as otherwise provided in subsections 2 and 3, within 10 days after hiring an employee, accepting an employee of a temporary employment service or entering into a contract with an independent contractor, the administrator of, or the person licensed to operate a facility, hospital, agency, program or home shall: (a) Obtain a written statement from the employee, employee of the temporary employment service or independent contractor stating whether he or she has been convicted of any crime listed in NRS 449.174; (b) Obtain an oral and written confirmation of the information contained in the written statement obtained pursuant to paragraph (a); (c) Obtain proof that the employee, employee of the temporary employment service or independent contractor holds any required license, permit or certificate; (d) Obtain from the employee, employee of the temporary employment service or independent contractor one set of fingerprints and a written authorization to forward the fingerprints to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; (e) Submit to the Central Repository for Nevada Records of Criminal History the fingerprints obtained pursuant to paragraph (d) to obtain information on the background and personal history of each employee, employee of a temporary employment service or independent contractor to determine whether the person has been convicted of any crime listed in NRS 449.174; [and] (f) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor for the release of any information that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the employee, employee of the temporary employment service or independent contractor has resided within the immediately preceding 5 years to determine whether there has been a substantiated report of child abuse or neglect made against the employee, employee of the temporary employment service or independent contractor; and – 4 – - 83rd Session (2025) (g) If an Internet website has been established pursuant to NRS 439.942: (1) Screen the employee, employee of the temporary employment service or independent contractor using the Internet website. Upon request of the Division, proof that the employee, temporary employee or independent contractor was screened pursuant to this subparagraph must be provided to the Division. (2) Enter on the Internet website information to be maintained on the website concerning the employee, employee of the temporary employment service or independent contractor. 2. The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home is not required to obtain the information described in subsection 1 , other than the information described in paragraph (f) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if his or her fingerprints have been submitted to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report within the immediately preceding 6 months and the report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449.174. 3. The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home is not required to obtain the information described in subsection 1, other than the information described in [paragraph] paragraphs (c) and (f) of subsection 1, from an employee, employee of a temporary employment service or independent contractor if: (a) The employee, employee of the temporary employment service or independent contractor agrees to allow the administrator of, or the person licensed to operate, a facility, hospital, agency, program or home to receive notice from the Central Repository for Nevada Records of Criminal History regarding any conviction and subsequent conviction of the employee, employee of the temporary employment service or independent contractor of a crime listed in NRS 449.174; (b) An agency, board or commission that regulates an occupation or profession pursuant to title 54 of NRS or temporary employment service has, within the immediately preceding 5 years, submitted the fingerprints of the employee, employee of the temporary employment service or independent contractor to the – 5 – - 83rd Session (2025) Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; and (c) The report of the Federal Bureau of Investigation indicated that the employee, employee of the temporary employment service or independent contractor has not been convicted of any crime set forth in NRS 449.174. 4. The administrator of, or the person licensed to operate, a facility, hospital, agency, program or home shall ensure that the information concerning the background and personal history of each employee, employee of a temporary employment service or independent contractor who works at the facility, hospital, agency, program or home: (a) Except as otherwise provided in subsection 2, is completed as soon as practicable, and if residential services are provided to children or the facility is a psychiatric hospital that provides inpatient services to children or a psychiatric residential treatment facility, before the employee, employee of the temporary employment service or independent contractor provides any care or services to a child in the facility, hospital, agency, program or home without supervision; and (b) Is completed at least once every 5 years after the date of the initial investigation. 5. The administrator or person shall, when required: (a) Obtain one set of fingerprints from the employee, employee of the temporary employment service or independent contractor; (b) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor to forward the fingerprints obtained pursuant to paragraph (a) to the Central Repository for Nevada Records of Criminal History for submission to the Federal Bureau of Investigation for its report; [and] (c) Submit the fingerprints to the Central Repository for Nevada Records of Criminal History or, if the fingerprints were submitted electronically, obtain proof of electronic submission of the fingerprints to the Central Repository for Nevada Records of Criminal History [.] ; and (d) Obtain written authorization from the employee, employee of the temporary employment service or independent contractor for the release of any information that may be available from the Statewide Central Registry and any equivalent registry maintained by a governmental entity in a jurisdiction in which the employee, employee of the temporary employment service or independent contractor has resided within the immediately preceding 5 years to – 6 – - 83rd Session (2025) determine whether there has been a substantiated report of child abuse or neglect made against the employee, employee of the temporary employment service or independent contractor. 6. Upon receiving fingerprints submitted pursuant to this section, the Central Repository for Nevada Records of Criminal History shall determine whether the employee, employee of the temporary employment service or independent contractor has been convicted of a crime listed in NRS 449.174 and immediately inform the Division and the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home at which the person works whether the employee, employee of the temporary employment service or independent contractor has been convicted of such a crime. 7. The Central Repository for Nevada Records of Criminal History may impose a fee upon a facility, hospital, agency, program or home that submits fingerprints pursuant to this section for the reasonable cost of the investigation. The facility, hospital, agency, program or home may recover from the employee or independent contractor whose fingerprints are submitted not more than one-half of the fee imposed by the Central Repository. If the facility, hospital, agency, program or home requires the employee or independent contractor to pay for any part of the fee imposed by the Central Repository, it shall allow the employee or independent contractor to pay the amount through periodic payments. The facility, hospital, agency, program or home may require a temporary employment service which employs a temporary employee whose fingerprints are submitted to pay the fee imposed by the Central Repository. A facility, hospital, agency, program or home shall notify a temporary em [Text truncated for display. Full text available on LegiScan.]