NRS449.210. Penalties for unlicensed operation: Medical facility or facility for dependent; residential facility for groups or home for individual residential care.

      1.  In addition to the payment of the amount required by NRS 449.0308, except as otherwise provided in subsection 2 and NRS 449.24897, a person who operates a medical facility or facility for the dependent without a license issued by the Division is guilty of a misdemeanor.

      2.  In addition to the payment of the amount required by NRS 449.0308, if a person operates a residential facility for groups or a home for individual residential care without a license issued by the Division, the Division shall:

      (a) Impose a civil penalty on the operator in the following amount:

             (1) For a first offense, $10,000.

             (2) For a second offense, $25,000.

             (3) For a third or subsequent offense, $50,000.

      (b) Order the operator, at the operator’s own expense, to move all of the persons who are receiving services in the residential facility for groups or home for individual residential care to a residential facility for groups or home for individual residential care, as applicable, that is licensed.

      (c) Prohibit the operator from applying for a license to operate a residential facility for groups or home for individual residential care, as applicable. The duration of the period of prohibition must be:

             (1) For 6 months if the operator is punished pursuant to subparagraph (1) of paragraph (a).

             (2) For 1 year if the operator is punished pursuant to subparagraph (2) of paragraph (a).

             (3) Permanent if the operator is punished pursuant to subparagraph (3) of paragraph (a).

      3.  Before the Division imposes an administrative sanction pursuant to subsection 2, the Division shall provide the operator of a residential facility for groups with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If the operator of a residential facility for groups wants to contest the action, the operator may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Division shall hold a hearing in accordance with those regulations. For the purpose of this subsection, it is no defense to the violation of operating a residential facility for groups without a license that the operator thereof subsequently licensed the facility in accordance with law.

      4.  Unless otherwise required by federal law, the Division shall deposit all civil penalties collected pursuant to paragraph (a) of subsection 2 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 449.935 to 449.965, inclusive, and to protect the health, safety, well-being and property of the patients and residents of facilities and homes for individual residential care in accordance with applicable state and federal standards.

      [10:336:1951]—(NRS A 1967, 581; 1971, 936; 1973, 1285; 1985, 1742; 1999, 3609; 2009, 452; 2011, 358, 700, 1806; 2013, 137, 3060)