SB184 - Prohibits the use of latex in certain circumstances. (BDR 40-536)

S.B. 184 - *SB184* SENATE BILL NO. 184–SENATOR STONE PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Health and Human Services SUMMARY—Prohibits the use of latex in certain circumstances. (BDR 40-536) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 1, 2, 9) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public health; prohibiting certain persons from using latex gloves and certain other latex items in a food establishment; prohibiting providers of health care and the employees of and volunteers and contractors for certain health facilities from using latex gloves or other latex implements; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides for the permitting and regulation of food establishments 1 by the health authority, which may be the Division of Public and Behavioral Health 2 of the Department of Health and Human Services or the local board of health. (NRS 3 446.050, 446.870-446.940) Section 1 of this bill requires a food establishment to 4 ensure that any person employed in, operating or otherwise working for the food 5 establishment does not use latex gloves or utensils or other latex implements at the 6 food establishment. A health authority would be authorized to suspend the permit 7 of a food establishment for violating section 1, and repeated violations may result 8 in permanent revocation of such a permit. (NRS 446.880) A violation of section 1 9 would also be a misdemeanor. (NRS 446.945) 10 Section 2 of this bill requires a medical facility, facility for the dependent and 11 certain other health facilities to ensure that employees, contractors and volunteers 12 do not use latex gloves or other latex implements at the facility. Section 8 of this 13 bill: (1) prohibits a provider of health care from using latex gloves or other latex 14 implements at any facility or other location where he or she provides health care 15 services; and (2) requires a provider of health care who owns or operates a health 16 facility to ensure that employees, contractors and volunteers do not use latex gloves 17 or other latex implements. Section 3 of this bill makes the definition of “medical 18 facility” in existing law, which includes, without limitation, programs of hospital 19 – 2 – - *SB184* care, applicable to section 2. Section 4 of this bill exempts from the requirements 20 of section 2 certain religious facilities, foster homes and facilities operated by the 21 United States Government. Sections 5-7 and 9 of this bill provide for the 22 administrative and civil enforcement of the prohibitions against the use of latex 23 gloves or other latex implements at medical facilities. 24 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 446.846 is hereby amended to read as follows: 1 446.846 1. The State Board of Health shall adopt reasonable 2 rules and regulations requiring that any person employed in the 3 preparation or service of food or beverages to patrons on the 4 premises of a food establishment, or who comes in contact with 5 eating or cooking utensils used for such service, whose hair length 6 exceeds specified limits shall wear a hair net, cap or other suitable 7 covering which confines the hair while such person is engaged in 8 the performance of his or her duties. Such rules and regulations shall 9 specify the minimum hair length to which such requirement applies. 10 2. A food establishment shall ensure that any person 11 employed in, operating or otherwise working for the food 12 establishment does not use latex gloves or utensils or other latex 13 implements at the food establishment. 14 Sec. 2. Chapter 449 of NRS is hereby amended by adding 15 thereto a new section to read as follows: 16 A medical facility, facility for the dependent or facility which is 17 otherwise required by regulations adopted by the Board pursuant 18 to NRS 449.0303 to be licensed shall ensure that employees, 19 independent contractors and volunteers do not use latex gloves or 20 other latex implements at the facility. 21 Sec. 3. NRS 449.029 is hereby amended to read as follows: 22 449.029 As used in NRS 449.029 to 449.240, inclusive, and 23 section 2 of this act, unless the context otherwise requires, “medical 24 facility” has the meaning ascribed to it in NRS 449.0151 and 25 includes a program of hospice care described in NRS 449.196. 26 Sec. 4. NRS 449.0301 is hereby amended to read as follows: 27 449.0301 The provisions of NRS 449.029 to 449.2428, 28 inclusive, and section 2 of this act do not apply to: 29 1. Any facility conducted by and for the adherents of any 30 church or religious denomination for the purpose of providing 31 facilities for the care and treatment of the sick who depend solely 32 upon spiritual means through prayer for healing in the practice of 33 the religion of the church or denomination, except that such a 34 facility shall comply with all regulations relative to sanitation and 35 safety applicable to other facilities of a similar category. 36 – 3 – - *SB184* 2. Foster homes as defined in NRS 424.014. 1 3. Any medical facility, facility for the dependent or facility 2 which is otherwise required by the regulations adopted by the Board 3 pursuant to NRS 449.0303 to be licensed that is operated and 4 maintained by the United States Government or an agency thereof. 5 Sec. 5. NRS 449.160 is hereby amended to read as follows: 6 449.160 1. The Division may deny an application for a 7 license or may suspend or revoke any license issued under the 8 provisions of NRS 449.029 to 449.2428, inclusive, and section 2 of 9 this act upon any of the following grounds: 10 (a) Violation by the applicant or the licensee of any of the 11 provisions of NRS 439B.410, 449.029 to 449.245, inclusive, and 12 section 2 of this act or 449A.100 to 449A.124, inclusive, and 13 449A.270 to 449A.286, inclusive, or of any other law of this State 14 or of the standards, rules and regulations adopted thereunder. 15 (b) Aiding, abetting or permitting the commission of any illegal 16 act. 17 (c) Conduct inimical to the public health, morals, welfare and 18 safety of the people of the State of Nevada in the maintenance and 19 operation of the premises for which a license is issued. 20 (d) Conduct or practice detrimental to the health or safety of the 21 occupants or employees of the facility. 22 (e) Failure of the applicant to obtain written approval from the 23 Director of the Department of Health and Human Services as 24 required by NRS 439A.100 or 439A.102 or as provided in any 25 regulation adopted pursuant to NRS 449.001 to 449.430, inclusive, 26 and section 2 of this act and 449.435 to 449.531, inclusive, and 27 chapter 449A of NRS if such approval is required, including, 28 without limitation, the closure or conversion of any hospital in a 29 county whose population is 100,000 or more that is owned by the 30 licensee without approval pursuant to NRS 439A.102. 31 (f) Failure to comply with the provisions of NRS 441A.315 and 32 any regulations adopted pursuant thereto or NRS 449.2486. 33 (g) Violation of the provisions of NRS 458.112. 34 (h) Failure to comply with the provisions of NRS 449A.170 to 35 449A.192, inclusive, and any regulation adopted pursuant thereto. 36 (i) Violation of the provisions of NRS 629.260. 37 2. In addition to the provisions of subsection 1, the Division 38 may revoke a license to operate a facility for the dependent if, with 39 respect to that facility, the licensee that operates the facility, or an 40 agent or employee of the licensee: 41 (a) Is convicted of violating any of the provisions of 42 NRS 202.470; 43 (b) Is ordered to but fails to abate a nuisance pursuant to NRS 44 244.360, 244.3603 or 268.4124; or 45 – 4 – - *SB184* (c) Is ordered by the appropriate governmental agency to correct 1 a violation of a building, safety or health code or regulation but fails 2 to correct the violation. 3 3. The Division shall maintain a log of any complaints that it 4 receives relating to activities for which the Division may revoke the 5 license to operate a facility for the dependent pursuant to subsection 6 2. The Division shall provide to a facility for the care of adults 7 during the day: 8 (a) A summary of a complaint against the facility if the 9 investigation of the complaint by the Division either substantiates 10 the complaint or is inconclusive; 11 (b) A report of any investigation conducted with respect to the 12 complaint; and 13 (c) A report of any disciplinary action taken against the facility. 14  The facility shall make the information available to the public 15 pursuant to NRS 449.2486. 16 4. On or before February 1 of each odd-numbered year, the 17 Division shall submit to the Director of the Legislative Counsel 18 Bureau a written report setting forth, for the previous biennium: 19 (a) Any complaints included in the log maintained by the 20 Division pursuant to subsection 3; and 21 (b) Any disciplinary actions taken by the Division pursuant to 22 subsection 2. 23 Sec. 6. NRS 449.163 is hereby amended to read as follows: 24 449.163 1. In addition to the payment of the amount required 25 by NRS 449.0308, if a medical facility, facility for the dependent or 26 facility which is required by the regulations adopted by the Board 27 pursuant to NRS 449.0303 to be licensed violates any provision 28 related to its licensure, including any provision of NRS 439B.410 or 29 449.029 to 449.2428, inclusive, and section 2 of this act or any 30 condition, standard or regulation adopted by the Board, the 31 Division, in accordance with the regulations adopted pursuant to 32 NRS 449.165, may: 33 (a) Prohibit the facility from admitting any patient until it 34 determines that the facility has corrected the violation; 35 (b) Limit the occupancy of the facility to the number of beds 36 occupied when the violation occurred, until it determines that the 37 facility has corrected the violation; 38 (c) If the license of the facility limits the occupancy of the 39 facility and the facility has exceeded the approved occupancy, 40 require the facility, at its own expense, to move patients to another 41 facility that is licensed; 42 (d) Except where a greater penalty is authorized by subsection 2, 43 impose an administrative penalty of not more than $5,000 per day 44 – 5 – - *SB184* for each violation, together with interest thereon at a rate not to 1 exceed 10 percent per annum; and 2 (e) Appoint temporary management to oversee the operation of 3 the facility and to ensure the health and safety of the patients of the 4 facility, until: 5 (1) It determines that the facility has corrected the violation 6 and has management which is capable of ensuring continued 7 compliance with the applicable statutes, conditions, standards and 8 regulations; or 9 (2) Improvements are made to correct the violation. 10 2. If an off-campus location of a hospital fails to obtain a 11 national provider identifier that is distinct from the national provider 12 identifier used by the main campus and any other off-campus 13 location of the hospital in violation of NRS 449.1818, the Division 14 may impose against the hospital an administrative penalty of not 15 more than $10,000 for each day of such failure, together with 16 interest thereon at a rate not to exceed 10 percent per annum, in 17 addition to any other action authorized by this chapter. 18 3. If the facility fails to pay any administrative penalty imposed 19 pursuant to paragraph (d) of subsection 1 or subsection 2, the 20 Division may: 21 (a) Suspend the license of the facility until the administrative 22 penalty is paid; and 23 (b) Collect court costs, reasonable attorney’s fees and other 24 costs incurred to collect the administrative penalty. 25 4. The Division may require any facility that violates any 26 provision of NRS 439B.410 or 449.029 to 449.2428, inclusive, and 27 section 2 of this act or any condition, standard or regulation adopted 28 by the Board to make any improvements necessary to correct the 29 violation. 30 5. Any money collected as administrative penalties pursuant to 31 paragraph (d) of subsection 1 or subsection 2 must be accounted for 32 separately and used to administer and carry out the provisions of 33 NRS 449.001 to 449.430, inclusive, and section 2 of this act, NRS 34 449.435 to 449.531, inclusive, and chapter 449A of NRS to protect 35 the health, safety, well-being and property of the patients and 36 residents of facilities in accordance with applicable state and federal 37 standards or for any other purpose authorized by the Legislature. 38 Sec. 7. NRS 449.240 is hereby amended to read as follows: 39 449.240 The district attorney of the county in which the facility 40 is located shall, upon application by the Division, institute and 41 conduct the prosecution of any action for violation of any provisions 42 of NRS 449.029 to 449.245, inclusive [.] , and section 2 of this act. 43 – 6 – - *SB184* Sec. 8. Chapter 629 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. A provider of health care: 3 (a) Shall not use latex gloves or other latex implements at any 4 facility or other location where the provider of health care 5 provides health care services; and 6 (b) Shall ensure that each employee, contractor or volunteer at 7 a health care facility owned or operated by the provider of health 8 care does not use latex gloves or other latex implements in the 9 facility. 10 2. A provider of health care who violates any provision of this 11 section is guilty of unprofessional conduct and is subject to 12 disciplinary action by the board, agency or other entity in this 13 State by which he or she is licensed, certified or regulated. 14 3. As used in this section, “health care facility” means any 15 facility that provides health care services at which patients are 16 present at any time, including, without limitation: 17 (a) Any facility licensed pursuant to chapter 449 of NRS; and 18 (b) A clinic or office of a pr [Text truncated for display. Full text available on LegiScan.]