NRS449.0305. 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 if the business or its employee knows or reasonably should know that the facility, or the services provided by the facility, are not appropriate for the condition of the person being referred.

      (c) 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 Board 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 Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, and 449.435 to 449.965, inclusive, and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.

      5.  This section does not apply to a medical facility that is licensed pursuant to NRS 449.030 to 449.2428, inclusive, on October 1, 1999.

      (Added to NRS by 1999, 3606; A 2011, 705, 1805; 2013,135)