2005 Nevada Revised Statutes - Chapter 432A — Services and Facilities for Care of Children

CHAPTER 432A - SERVICES AND FACILITIES FORCARE OF CHILDREN

GENERAL PROVISIONS

NRS 432A.010 Legislativefindings and declaration.

NRS 432A.020 Definitions.

NRS 432A.0205 Accommodationfacility defined.

NRS 432A.021 Boarddefined.

NRS 432A.022 Bureaudefined.

NRS 432A.023 Chiefdefined.

NRS 432A.024 Childcare facility defined.

NRS 432A.025 Clientdefined.

NRS 432A.026 Departmentdefined.

NRS 432A.027 Directordefined.

NRS 432A.0275 On-sitechild care facility defined.

NRS 432A.028 Outdooryouth program defined.

NRS 432A.030 Liberalconstruction.

NRS 432A.035 Provisionsof chapter inapplicable to Program for Child Care and Development.

NRS 432A.040 Dutiesof Bureau.

NRS 432A.050 Departmentdesignated as state agency for administration of federal money.

NRS 432A.055 Departmentmay accept gifts and grants for establishment of program for child care.

NRS 432A.060 Chief:Appointment; qualifications.

NRS 432A.070 Chief:Duties and powers.

NRS 432A.071 Boardfor Child Care: Creation; composition.

NRS 432A.073 Boardfor Child Care: Selection, qualifications and terms of members.

NRS 432A.075 Boardfor Child Care: Meetings; compensation of members and employees.

NRS 432A.077 Boardfor Child Care: General powers and duties.

NRS 432A.078 Boardfor Child Care: Requirements for play space at on-site child care facilities.

NRS 432A.079 Boardfor Child Care: Policy providing for coordination among agencies.

NRS 432A.080 Cooperationwith Federal Government.

NRS 432A.090 Stateplan for services and programs relating to child care; compliance with otherrequirements to obtain federal money.

NRS 432A.100 Custodyand disbursement of money received from Federal Government.

NRS 432A.110 GiftAccount for Child Care Services.

NRS 432A.120 Officerand employee prohibited from partisan political activities; penalty.

LICENSING OF CHILD CARE FACILITIES

NRS 432A.131 Licensingand registration by counties and cities; standards and regulations; waiver ofcompliance; notification of intent to amend or repeal ordinance.

NRS 432A.136 Accommodationfacilities: Adjustments allowed for minimum amount of space and minimum numberof toilets required per child; required to permit parent or guardian to attendto needs of child under certain circumstances.

NRS 432A.141 License:Issuance by Bureau; fee; duration; nontransferable.

NRS 432A.150 License:Contents.

NRS 432A.160 Provisionallicense.

NRS 432A.170 Investigationby Bureau; information concerning criminal convictions of applicant, licensee,employee and certain residents; cost of investigation.

NRS 432A.175 Investigationby Bureau; information concerning criminal convictions of applicant, licensee,employee and certain residents or participants.

NRS 432A.180 Inspectionby Bureau, State Fire Marshal and State Health Officer.

NRS 432A.190 Groundsfor denial, suspension or revocation of license; maintenance of log of certaincomplaints; written report.

NRS 432A.200 Denial,suspension or revocation of license: Notice; hearing.

NRS 432A.210 Injunctiverelief.

NRS 432A.220 Penaltyfor operating facility without license.

IMMUNIZATION OF CHILDREN ADMITTED TO CHILD CARE FACILITIES

NRS 432A.230 Certificateof immunization prerequisite to admission to child care facility; conditionaladmission; report to Health Division.

NRS 432A.235 Writtendocumentation of immunization prerequisite to admission to accommodation facility;conditional admission; report to Health Division; maintenance of proof ofimmunization by business which operates more than one accommodation facility.

NRS 432A.240 Exemptionfrom immunization when contrary to religious belief.

NRS 432A.250 Exemptionfrom immunization because of medical condition.

NRS 432A.260 Additionalrequirements for immunization imposed after admission; additional certificateor documentation required.

NRS 432A.270 Protectionof child exempt from immunization if dangerous disease exists in facility.

NRS 432A.280 Penaltyfor refusal to remove child from child care facility when required by law.

PROGRAM TO PROVIDE HEALTH INSURANCE FOR CHILDREN

NRS 432A.300 Dutiesof Director: Establishment and administration of program; establishment ofstandards of eligibility; specification of benefits; regulations.

NRS 432A.310 Directorauthorized to accept gifts or grants of money; Account for Health Insurance forChildren.

OUTDOOR YOUTH PROGRAMS

NRS 432A.320 Definitions.

NRS 432A.330 Expeditiondefined.

NRS 432A.340 Fieldadministrator defined.

NRS 432A.350 Fieldstaff defined.

NRS 432A.360 Providerdefined.

NRS 432A.370 Supportstaff defined.

NRS 432A.380 Requirementsfor conducting outdoor youth program; qualifications of field administrator,field staff and support staff.

NRS 432A.390 Qualificationsand requirements for interns and voluntary assistants; prohibition againstparticipation in program by person less than 14 years; prohibition againstparticipation in program by client less than 18 years with client 18 years orolder.

NRS 432A.400 Staffmembers required to take physical examination; maintenance of health records inpersonnel file.

NRS 432A.410 Trainingof staff.

NRS 432A.420 Dutiesof field administrator: Transportation of clients; number of staff required;equipment for vehicle required.

NRS 432A.430 Dutiesof field administrator: Written general plan for preventing diseases and copingwith emergencies in field.

NRS 432A.440 Physicalexamination and history of health of clients; form of written record;maintenance of record and history of health of clients.

NRS 432A.450 Dutiesof field administrator: Interviews required before participation in program;assessment and evaluation of client; duties of treatment team.

NRS 432A.460 Dutiesof field administrator: Establishment of base camp; information required to bemaintained in base camp; communications.

NRS 432A.470 Dutiesof field administrator: Inventory of personal belongings of clients; clothing andequipment required for clients.

NRS 432A.480 Expedition:Written general plan; number and qualifications of staff required.

NRS 432A.490 Expedition:Duties of field administrator; communication by field staff and support staff;provision of first aid; procedures for emergencies.

NRS 432A.500 Limitationsfor hiking; duties of field staff; instruction concerning environment;maintenance of daily log, itinerary and map.

NRS 432A.510 Mealsfor clients; written menu prepared by qualified person; vitamins.

NRS 432A.520 Waterfor clients; amount required; aerial drop prohibited; water from naturalsources required to be sanitized.

NRS 432A.530 Medicalcare required; first aid; equipment; controlled substances and medication;duties of staff.

NRS 432A.540 Mailfor clients; prompt delivery required; permitted restrictions.

NRS 432A.550 Summaryof clients participation in program required upon completion of program;written evaluation of program by client and parents to be encouraged byprovider.

NRS 432A.560 Providerrequired to conduct program in compliance with statutes and regulations.

_________

 

GENERAL PROVISIONS

NRS 432A.010 Legislativefindings and declaration. The Legislaturefinds and declares that it is desirable that children of our state in need ofday care services receive adequate and safe care outside their own homes, andit is the intent of state and local governments to assist in meeting such needsthrough an administrative procedure which will further the followingobjectives:

1. Safe and responsive child care facilities andservices.

2. Adequate methods to pay the costs of child care onan individual basis in already existing child care programs.

3. Proper operation of child care programs.

4. Provision of services by other public agencies on asubcontracted or purchased basis.

5. Full cooperation with the Federal Government inadopting a State Plan for Child Care that is in accordance with the guidelinesof the Federal Panel on Early Childhood.

(Added to NRS by 1973, 1687)

NRS 432A.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS432A.0205 to 432A.028, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1973, 1687; A 1973, 1406; 1979, 882;1985, 1471; 1991, 2131, 2308; 1993, 615; 1997, 3322; 2005, 2092)

NRS 432A.0205 Accommodationfacility defined. Accommodation facilitymeans a child care facility which is operated:

1. By a business that is licensed to conduct abusiness other than the provision of care to children; and

2. As an auxiliary service provided for the customersof the primary business.

(Added to NRS by 2005, 2090)

NRS 432A.021 Boarddefined. Board means the Board for ChildCare.

(Added to NRS by 1991, 2300)

NRS 432A.022 Bureaudefined. Bureau means the Bureau of Servicesfor Child Care of the Division of Child and Family Services of the Department.

(Added to NRS by 1991, 2300; A 1993, 615)

NRS 432A.023 Chiefdefined. Chief means the Chief of theBureau.

(Added to NRS by 1991, 2300)

NRS 432A.024 Childcare facility defined.

1. Child care facility means:

(a) An establishment operated and maintained for thepurpose of furnishing care on a temporary or permanent basis, during the day orovernight, to five or more children under 18 years of age, if compensation isreceived for the care of any of those children;

(b) An on-site child care facility; or

(c) An outdoor youth program.

2. Child care facility does not include:

(a) The home of a natural parent or guardian, fosterhome as defined in chapter 424 of NRS ormaternity home;

(b) A home in which the only children received, caredfor and maintained are related within the third degree of consanguinity oraffinity by blood, adoption or marriage to the person operating the facility;or

(c) A home in which a person provides care for thechildren of a friend or neighbor for not more than 4 weeks if the person who providesthe care does not regularly engage in that activity.

(Added to NRS by 1991, 2300; A 1993, 870; 1997, 3322)

NRS 432A.025 Clientdefined. Client means a person enrolled inan outdoor youth program.

(Added to NRS by 1991, 2300)

NRS 432A.026 Departmentdefined. Department means the Department ofHealth and Human Services.

(Added to NRS by 1991, 2300; A 2005, 22nd SpecialSession, 46)

NRS 432A.027 Directordefined. Director means the Director of theDepartment.

(Added to NRS by 1991, 2300)

NRS 432A.0275 On-sitechild care facility defined. On-site childcare facility means an establishment that:

1. Is licensed pursuant to this chapter;

2. Provides care to the children of employees of abusiness at the place of employment;

3. Provides care on a temporary or permanent basis,during the day or overnight, to five or more children who are under the age of18 years and who are not related within the third degree of consanguinity oraffinity to an owner or manager of the business; and

4. Is owned, operated, subsidized, managed, contractedfor or staffed by the business.

(Added to NRS by 1997, 3322)

NRS 432A.028 Outdooryouth program defined. Outdoor youth programmeans a program for the provision of services, while living outdoors, to personsunder 18 years of age who have behavioral problems, problems with mental healthor problems with the abuse of alcohol or drugs. The term does not include anyfacility, activity or program:

1. Operated by or on behalf of a governmental entity;or

2. Licensed by the Health Division of the Department.

(Added to NRS by 1991, 2300)

NRS 432A.030 Liberalconstruction. The provisions of this chaptermust be liberally construed to effect its purposes.

(Added to NRS by 1973, 1687; A 1991, 2308)

NRS 432A.035 Provisionsof chapter inapplicable to Program for Child Care and Development. The provisions of this chapter do not apply to the Programfor Child Care and Development administered by the Division of Welfare andSupportive Services of the Department pursuant to chapter422A of NRS.

(Added to NRS by 1997, 2266; A 2005, 22nd SpecialSession, 47)

NRS 432A.040 Dutiesof Bureau. The Bureau shall:

1. Serve as a clearinghouse for information relatingto child care.

2. Assist the Director in all matters pertaining tochild care services and programs.

3. Develop plans and conduct and arrange for researchand demonstration programs in the field of child care.

4. Provide technical assistance and consultation topolitical subdivisions with respect to programs for child care.

5. Prepare, publish and disseminate educationalmaterials dealing with child care.

6. Gather statistics in the field of child care whichother federal and state agencies are not collecting.

7. Stimulate more effective use of existing resourcesand available services for child care.

(Added to NRS by 1973, 1687; A 1979, 883)

NRS 432A.050 Departmentdesignated as state agency for administration of federal money. The Department shall act as the single state agency of theState of Nevada and its political subdivisions in the administration of anyfederal funds granted to the State pursuant to any federal law for the purposesof child care services and programs.

(Added to NRS by 1973, 1688; A 1979, 883)

NRS 432A.055 Departmentmay accept gifts and grants for establishment of program for child care.

1. Subject to the provisions of chapter 353 of NRS, the Department may acceptgifts and grants of money, property and services for the establishment of aprogram for child care.

2. The Department shall report to the Interim FinanceCommittee any applications for, and the receipt of, any gifts or grantspursuant to subsection 1.

(Added to NRS by 1989, 2071)

NRS 432A.060 Chief:Appointment; qualifications. The Chief must beappointed, with the consent of the Director, on the basis of his education,training, experience and demonstrated abilities and his interest in child careservices and programs.

(Added to NRS by 1973, 1688; A 2005, 22nd SpecialSession, 47)

NRS 432A.070 Chief:Duties and powers.

1. The Chief shall:

(a) Establish appropriate administrative units withinthe Bureau;

(b) Appoint such personnel and prescribe their dutiesas he deems necessary for the proper and efficient performance of the functionsof the Bureau;

(c) Prepare and submit to the Governor, through theDirector, before September 1 of each even-numbered year for the biennium endingJune 30 of that year, reports of activities and expenditures and estimates ofsums required to carry out the purposes of this chapter;

(d) Make certification for disbursement of moneyavailable for carrying out the purposes of this chapter; and

(e) Take such other action as may be necessary orappropriate for cooperation with public and private agencies and otherwise tocarry out the purposes of this chapter.

2. The Chief may delegate to any officer or employeeof the Bureau such of his powers and duties as he finds necessary to carry outthe purposes of this chapter.

(Added to NRS by 1973, 1688; A 1979, 883)

NRS 432A.071 Boardfor Child Care: Creation; composition.

1. The Board for Child Care is hereby created.

2. The Board consists of five members appointed by theAdministrator of the Division of Child and Family Services of the Departmentwith the concurrence of the Director.

(Added to NRS by 1979, 884; A 1985, 1472; 1991, 2131)

NRS 432A.073 Boardfor Child Care: Selection, qualifications and terms of members.

1. Of the members of the Board appointed one membermust be:

(a) Licensed to practice a profession in the field ofhealth care and selected from a list of nominees submitted by an organizationwhich represents persons who are licensed to practice a healing art;

(b) Selected from a list of nominees submitted by anorganization which represents educators whose specialty is early childhood;

(c) Selected to represent facilities which are licensedto provide care for less than 13 children;

(d) Selected to represent facilities which are licensedto provide care for 13 or more children; and

(e) Selected to represent persons who use the servicesof such facilities.

2. All members must be selected on the basis of theirexperience and interest in child care services or programs.

3. Members of the Board serve at the pleasure of theAdministrator, but no appointment may extend beyond 3 years from the date ofexpiration of the preceding appointment.

(Added to NRS by 1979, 884; A 1985, 1472)

NRS 432A.075 Boardfor Child Care: Meetings; compensation of members and employees.

1. The Board may meet regularly at least four times ayear and may meet at such other times as the Board deems necessary.

2. Each member of the Board is entitled to receive asalary of not more than $80 per day, as fixed by the Board, while engaged inthe business of the Board.

3. While engaged in the business of the Board, eachmember and employee of the Board is entitled to receive the per diem allowanceand travel expenses provided for state officers and employees generally.

(Added to NRS by 1979, 884; A 1981, 1983; 1983, 1443;1985, 423; 1989, 1715)

NRS 432A.077 Boardfor Child Care: General powers and duties.

1. The Board shall adopt:

(a) Licensing standards for child care facilities.

(b) In consultation with the State Fire Marshal, plansand requirements to ensure that each child care facility and its staff isprepared to respond to emergencies, including, without limitation:

(1) The conducting of fire drills on a monthlybasis;

(2) The adoption of plans to respond to naturaldisasters and emergencies other than those involving fire; and

(3) The adoption of plans to provide forevacuation of child care facilities in an emergency.

(c) Such other regulations as it deems necessary orconvenient to carry out the provisions of this chapter.

2. The Board shall require that the practices andpolicies of each child care facility provide adequately for the protection ofthe health and safety and the physical, moral and mental well-being of eachchild accommodated in the facility.

3. If the Board finds that the practices and policiesof a child care facility are substantially equivalent to those required by theBoard in its regulations, it may waive compliance with a particular standard orother regulation by that facility.

(Added to NRS by 1979, 884; A 1985, 1472; 1997, 1267)

NRS 432A.078 Boardfor Child Care: Requirements for play space at on-site child care facilities. If an on-site child care facility does not have sufficientoutdoor play space to comply with the requirements established by the Board forlicensure, the Board shall allow the facility to substitute an equal amount ofindoor play space for the otherwise required amount of outdoor play space.

(Added to NRS by 1997, 3322)

NRS 432A.079 Boardfor Child Care: Policy providing for coordination among agencies.

1. The Board shall establish a policy providing forcoordination among all interested public, private and commercial agencies orentities to foster their cooperation in the interests of:

(a) Improving the quality of child care servicesoffered by each participating agency and entity.

(b) Ensuring continuity in the program of communitychild care for each family.

(c) Reaching the maximum number of families possiblewithin available resources, with top priority given to low-income families.

(d) Increasing opportunities for developing staffcompetence and career development within and between cooperating agencies andentities.

(e) Developing the most efficient, effective andeconomical methods for providing services to children and families.

(f) Ensuring an effective voice by parents of childrenreceiving child care in the policy for and direction of programs.

(g) Mobilizing the resources of the community in such amanner as to ensure maximum public, private and individual commitment toprovide expanded child care.

2. Such a policy must be primarily concerned with thecoordination of day care and preschool programs, and also be concerned with:

(a) Availability of other needed services for childrenin preschool or day care programs;

(b) Availability of needed services for children ofschool age; and

(c) Coordination of community services with preschoolor day care programs.

(Added to NRS by 1979, 885)

NRS 432A.080 Cooperationwith Federal Government. The Departmentthrough the Division may make agreements, arrangements or plans to:

1. Cooperate with the Federal Government in carryingout the purposes of this chapter or of any federal statutes pertaining to childcare services and programs and to this end may adopt such methods ofadministration as are found by the Federal Government to be necessary for theproper and efficient operation of such agreements, arrangements or plans; and

2. Comply with such conditions as may be necessary tosecure benefits under those federal statutes.

(Added to NRS by 1973, 1688; A 1981, 1905)

NRS 432A.090 Stateplan for services and programs relating to child care; compliance with otherrequirements to obtain federal money. TheBureau may develop a state plan for services and programs relating to childcare and may comply with such other requirements as may be necessary to obtainfederal money. In developing and revising the state plan, the Bureau shallconsider, among other things, the amount of money available from the FederalGovernment and the conditions attached to the acceptance of such money, and thelimitations of legislative appropriations for services and programs relating tochild care.

(Added to NRS by 1973, 1688; A 1979, 884; 1981, 1906)

NRS 432A.100 Custodyand disbursement of money received from Federal Government.

1. The State Treasurer is designated as custodian ofall money received from the Federal Government for carrying out the purposes ofthis chapter or any agreements, arrangements or plans authorized thereby.

2. The State Treasurer shall make disbursements ofsuch money and from all state funds available for the purposes of this chapterupon certification by the designated official of the Bureau.

(Added to NRS by 1973, 1688; A 1979, 884)

NRS 432A.110 GiftAccount for Child Care Services.

1. All gifts of money which the Bureau is authorizedto accept must be deposited in the State Treasury for credit to the GiftAccount for Child Care Services in the Department of Health and Human ServicesGift Fund. The money may be invested and reinvested and must be used inaccordance with the conditions of the gift.

2. All claims must be approved by the Chief beforethey are paid.

(Added to NRS by 1973, 1689; A 1979, 622; 1981, 78;1993, 2705; 2005,22nd Special Session, 47)

NRS 432A.120 Officerand employee prohibited from partisan political activities; penalty.

1. An officer or employee engaged in theadministration of this chapter shall not use his official authority toinfluence or interfere with an election or affect the results thereof or forany partisan political purpose. Such an officer or employee shall not solicitor receive, or be obliged to contribute or render, any service, assistance,subscription, assessment or contribution for any political purpose.

2. Any officer or employee violating the provisions ofthis section shall be discharged.

(Added to NRS by 1973, 1689)

LICENSING OF CHILD CARE FACILITIES

NRS 432A.131 Licensingand registration by counties and cities; standards and regulations; waiver of compliance;notification of intent to amend or repeal ordinance.

1. Child care facilities in any county or incorporatedcity where the governing body has established an agency for the licensing ofchild care facilities and enacted an ordinance requiring that child carefacilities be licensed by the county or city need not be licensed by theBureau. The licensing agency shall adopt such standards and other regulationsas may be necessary for the licensing of child care facilities, and thestandards and regulations:

(a) Must be not less restrictive than those adopted bythe Board; and

(b) Take effect only upon their approval by the Bureau.

2. An agency for the licensing of child carefacilities established by a city or county may waive compliance with aparticular standard or other regulation by a child care facility if:

(a) The agency finds that the practices and policies ofthat facility are substantially equivalent to those required by the agency inits standards and other regulations; and

(b) The waiver does not allow a practice which violatesa regulation adopted by the Board.

3. A governing body may adopt such standards and otherregulations as may be necessary for the regulation of facilities which providecare for fewer than five children. If the standards so adopted are lessrestrictive than the standards for the licensure of child care facilities whichhave been adopted by the Board, the governing body shall not issue a license tothe smaller facilities, but may register them in accordance with the standardswhich are less restrictive.

4. If a governing body intends to amend or repeal anordinance providing for the licensing of child care facilities and the effectof that action will be the discontinuance of the governing bodys licensure ofchild care facilities, the governing body shall notify the Bureau of itsintention to do so at least 12 months before the amendment or repeal becomeseffective.

(Added to NRS by 1979, 885; A 1985, 1472; 1989, 280,1481)

NRS 432A.136 Accommodationfacilities: Adjustments allowed for minimum amount of space and minimum numberof toilets required per child; required to permit parent or guardian to attendto needs of child under certain circumstances.

1. To the extent that the Board or an agency for thelicensing of child care facilities established by a county or city requires achild care facility to make available a minimum amount of space per child inthe facility, an accommodation facility may include the space occupied by anyrecreational toys that are used in the accommodation facility in satisfying therequirement for the minimum amount of space per child in the facility.

2. To the extent that the Board or an agency for thelicensing of child care facilities established by a county or city requires achild care facility to make available a minimum number of toilets per child inthe facility, the Board or agency shall adjust the number of toilets per childrequired in an accommodation facility to a number that is appropriate foraccommodation facilities, taking into account the unique nature of suchfacilities.

3. An accommodation facility shall permit each parentor guardian of a child who is receiving care in the accommodation facility toattend to the needs of the child if the parent or guardian does so in an areaof a bathroom facility that is designated for use by one person.

(Added to NRS by 2005, 2091)

NRS 432A.141 License:Issuance by Bureau; fee; duration; nontransferable.

1. If, after investigation, the Bureau finds that anapplicant is in full compliance with the provisions of this chapter and thestandards and regulations adopted pursuant to this chapter, the Bureau shallissue to the applicant the license applied for.

2. The Bureau shall charge and collect a fee for eachlicense issued for a child care facility in an amount prescribed by regulationof the Board.

3. The initial license issued by the Bureau may beeffective for a period not exceeding 1 year from the date of issuance.

4. A license that is renewed by the Bureau iseffective for 1 year from the date of renewal.

5. A license applies only to the person named thereinand is not transferable.

6. A license issued for:

(a) An outdoor youth program is valid only for the areaof operation described in the license.

(b) Any other child care facility is valid only for thepremises described in the license.

(Added to NRS by 1979, 885; A 1989, 1050; 1991, 2308)

NRS 432A.150 License:Contents. Each license issued by the Bureaumust contain:

1. The name of the person or persons authorized tooperate the licensed facility;

2. The location of the licensed facility or, if thelicense is for an outdoor youth program, the area of operation of the program;and

3. The number of beds authorized in the licensedfacility, the nature of services offered and the service delivery capacity.

(Added to NRS by 1979, 885; A 1991, 2308)

NRS 432A.160 Provisionallicense.

1. The Bureau may issue a provisional license,effective for a period not exceeding 1 year, to a child care facility which:

(a) Is in operation at the time of adoption ofstandards and other regulations pursuant to the provisions of this chapter, ifthe Bureau determines that the facility requires a reasonable time under theparticular circumstances, not to exceed 1 year from the date of the adoption,within which to comply with the standards and other regulations;

(b) Has failed to comply with the standards and otherregulations, if the Bureau determines that the facility is in the process ofmaking the necessary changes or has agreed to effect the changes within areasonable time; or

(c) Is in the process of applying for a license, if theBureau determines that the facility requires a reasonable time within which tocomply with the standards and other regulations.

2. The provisions of subsection 1 do not require theissuance of a license or prevent the Bureau from refusing to renew or fromrevoking or suspending any license in any instance where the Bureau considersthat action necessary for the health and safety of the occupants of anyfacility or the clients of any outdoor youth program.

(Added to NRS by 1979, 886; A 1985, 1473; 1991, 2309)

NRS 432A.170 Investigationby Bureau; information concerning criminal convictions of applicant, licensee,employee and certain residents; cost of investigation.

1. The Bureau may, upon receipt of an application fora license to operate a child care facility, conduct an investigation into the:

(a) Buildings or premises of the facility and, if theapplication is for an outdoor youth program, the area of operation of theprogram;

(b) Qualifications and background of the applicant orhis employees;

(c) Method of operation for the facility; and

(d) Policies and purposes of the applicant.

2. The Bureau shall secure from appropriate lawenforcement agencies information on the background and personal history ofevery applicant, licensee or employee of an applicant or licensee, or everyresident of a child care facility or participant in an outdoor youth programwho is 18 years of age or older, to determine whether he has been convicted of:

(a) Murder, voluntary manslaughter or mayhem;

(b) Any other felony involving the use of a firearm orother deadly weapon;

(c) Assault with intent to kill or to commit sexualassault or mayhem;

(d) Sexual assault, statutory sexual seduction, incest,lewdness, indecent exposure or any other sexually related crime;

(e) Abuse or neglect of a child or contributorydelinquency; or

(f) A violation of any federal or state law regulatingthe possession, distribution or use of any controlled substance or anydangerous drug as defined in chapter 454 ofNRS.

3. The Bureau may charge each person investigatedpursuant to this section for the reasonable cost of that investigation.

(Added to NRS by 1979, 886; A 1985, 1473; 1987, 1551;1991, 2309)

NRS 432A.175 Investigationby Bureau; information concerning criminal convictions of applicant, licensee,employee and certain residents or participants.

1. Every applicant, licensee and employee of anapplicant or licensee, and every resident of a child care facility orparticipant in an outdoor youth program who is 18 years of age or older, shallsubmit to the Bureau, or to the person or agency designated by the Bureau, a:

(a) Complete set of fingerprints and a writtenauthorization for the Bureau or its designee to forward the fingerprints to theCentral Repository for Nevada Records of Criminal History for submission to theFederal Bureau of Investigation for its report; and

(b) Written statement detailing any prior criminalconvictions,

to enablethe Bureau to conduct an investigation pursuant to NRS 432A.170.

2. If an employee of an applicant or licensee, or sucha resident or participant, has been convicted of any crime listed in subsection2 of NRS 432A.170, the Bureau shallimmediately notify the applicant or licensee.

(Added to NRS by 1985, 1471; A 1991, 2309; 1995, 753)

NRS 432A.180 Inspectionby Bureau, State Fire Marshal and State Health Officer.

1. Any authorized member or employee of the Bureau mayenter and inspect any building or premises of a child care facility or the areaof operation of an outdoor youth program at any time to secure compliance withor prevent a violation of any provision of this chapter.

2. The State Fire Marshal or his designate shall, atleast annually:

(a) Enter and inspect every building or premises of achild care facility, on behalf of the Bureau; and

(b) Observe and make recommendations regarding thedrills conducted pursuant to NRS 432A.077,

to securecompliance with standards for safety from fire and other emergencies.

3. The State Health Officer or his designate shallenter and inspect at least annually, every building or premises of a child carefacility and area of operation of an outdoor youth program, on behalf of theBureau, to secure compliance with standards for health and sanitation.

(Added to NRS by 1979, 886; A 1985, 1474; 1991, 2310;1997, 1268)

NRS 432A.190 Groundsfor denial, suspension or revocation of license; maintenance of log of certaincomplaints; written report.

1. The Bureau may deny an application for a license ormay suspend or revoke any license issued under the provisions of this chapterupon any of the following grounds:

(a) Violation by the applicant or licensee or anemployee of the applicant or licensee of any of the provisions of this chapteror of any other law of this state or of the standards and other regulationsadopted thereunder.

(b) Aiding, abetting or permitting the commission ofany illegal act.

(c) Conduct inimical to the public health, morals,welfare and safety of the people of the State of Nevada in the maintenance andoperation of the child care facility for which a license is issued.

(d) Conduct or practice detrimental to the health orsafety of the occupants or employees of the child care facility, or the clientsof the outdoor youth program.

(e) Convictionof any crime listed in subsection 2 of NRS432A.170 committed by the applicant or licensee or an employee of theapplicant or licensee, or by a resident of the child care facility orparticipant in the outdoor youth program who is 18 years of age or older.

2. In addition to the provisions of subsection 1, theBureau may revoke a license to operate a child care facility if, with respectto that facility, the licensee that operates the facility, or an agent oremployee of the licensee:

(a) Is convicted of violating any of the provisions of NRS 202.470;

(b) Is ordered to but fails to abate a nuisancepursuant to NRS 244.360, 244.3603 or 268.4124; or

(c) Is ordered by the appropriate governmental agencyto correct a violation of a building, safety or health code or regulation butfails to correct the violation.

3. The Bureau shall maintain a log of any complaintsthat it receives relating to activities for which the Bureau may revoke thelicense to operate a child care facility pursuant to subsection 2.

4. On or before February 1 of each odd-numbered year,the Bureau shall submit to the Director of the Legislative Counsel Bureau awritten report setting forth, for the previous biennium:

(a) Any complaints included in the log maintained bythe Bureau pursuant to subsection 3; and

(b) Any disciplinary actions taken by the Bureaupursuant to subsection 2.

(Added to NRS by 1979, 886; A 1981, 1218; 1985, 1474;1991, 2310; 2001,1354)

NRS 432A.200 Denial,suspension or revocation of license: Notice; hearing.

1. When the Bureau denies, suspends or revokes alicense for a child care facility, the Bureau shall afford reasonable notice toall parties by certified mail, which notice must contain the legal authority,jurisdiction and reasons for the action taken.

2. The aggrieved person may file notice of appeal withthe Chief within 10 calendar days after receipt of notice of action of theBureau.

3. Within 20 calendar days after the receipt of thenotice of appeal, the Chief shall hold a hearing.

4. Notice of the hearing must be given no less than 5days before the date set for the hearing.

(Added to NRS by 1979, 886)

NRS 432A.210 Injunctiverelief.

1. Except as provided in subsection 1 of NRS 432A.131, the Bureau may bring anaction in the name of the State to enjoin any person, state or local governmentunit or agency thereof from operating or maintaining any child care facility:

(a) Without first obtaining a license therefor; or

(b) After his license has been revoked or suspended bythe Bureau.

2. It is sufficient in such an action to allege thatthe defendant did, on a certain date and in a certain place, operate andmaintain the facility without a license.

(Added to NRS by 1979, 887)

NRS 432A.220 Penaltyfor operating facility without license. Anyperson who operates a child care facility without a license issued pursuant to NRS 432A.131 to 432A.220, inclusive, is guilty of amisdemeanor.

(Added to NRS by 1979, 887; A 1991, 482; 2005, 2092)

IMMUNIZATION OF CHILDREN ADMITTED TO CHILD CARE FACILITIES

NRS 432A.230 Certificateof immunization prerequisite to admission to child care facility; conditionaladmission; report to Health Division. Exceptas otherwise provided in NRS 432A.235for accommodation facilities:

1. Except as otherwise provided in subsection 3 andunless excused because of religious belief or medical condition, a child maynot be admitted to any child care facility within this State, including afacility licensed by a county or city, unless his parents or guardian submit tothe operator of the facility a certificate stating that the child has beenimmunized and has received proper boosters for that immunization or iscomplying with the schedules established by regulation pursuant to NRS 439.550 for the following diseases:

(a) Diphtheria;

(b) Tetanus;

(c) Pertussis if the child is under 6 years of age;

(d) Poliomyelitis;

(e) Rubella;

(f) Rubeola; and

(g) Such other diseases as the local board of health orthe State Board of Health may determine.

2. The certificate must show that the requiredvaccines and boosters were given and must bear the signature of a licensedphysician or his designee or a registered nurse or his designee, attesting thatthe certificate accurately reflects the childs record of immunization.

3. A child whose parent or guardian has notestablished a permanent residence in the county in which a child care facilityis located and whose history of immunization cannot be immediately confirmed bya physician in this State or a local health officer, may enter the child carefacility conditionally if the parent or guardian:

(a) Agrees to submit within 15 days a certificate froma physician or local health officer that the child has received or is receivingthe required immunizations; and

(b) Submits proof that he has not established apermanent residence in the county in which the facility is located.

4. If a certificate from the physician or local healthofficer showing that the child has received or is receiving the requiredimmunizations is not submitted to the operator of the child care facilitywithin 15 days after the child was conditionally admitted, the child must beexcluded from the facility.

5. Before December 31 of each year, each child carefacility shall report to the Health Division of the Department, on a formfurnished by the Division, the exact number of children who have:

(a) Been admitted conditionally to the child carefacility; and

(b) Completed the immunizations required by thissection.

(Added to NRS by 1979, 318; A 1987, 1336; 1989, 1849;1995, 809; 2005, 2092)

NRS 432A.235 Writtendocumentation of immunization prerequisite to admission to accommodationfacility; conditional admission; report to Health Division; maintenance ofproof of immunization by business which operates more than one accommodationfacility.

1. Except as otherwise provided in subsection 2 andunless excused because of religious belief or medical condition, a child maynot be admitted to any accommodation facility within this State, including an accommodationfacility licensed by a county or city, unless his parents or guardian submit tothe operator of the accommodation facility written documentation stating thatthe child has been immunized and has received proper boosters for thatimmunization or is complying with the schedules established by regulationpursuant to NRS 439.550 for the diseasesset forth in subsection 1 of NRS 432A.230.The written documentation required pursuant to this subsection must be:

(a) A letter signed by a licensed physician statingthat the child has been immunized and received boosters or is complying withthe schedules;

(b) A record from a public school or private schoolwhich establishes that a child is enrolled in the school and has satisfied therequirements for immunization for enrollment in the school pursuant to NRS 392.435 or 394.192; or

(c) Any other documentation from a local health officerwhich proves that the child has been immunized and received boosters or iscomplying with the schedules.

2. A child whose parent or guardian has notestablished a permanent residence in the county in which an accommodationfacility is located and whose history of immunization cannot be immediatelyconfirmed by the written documentation required pursuant to subsection 1 mayenter the accommodation facility conditionally if the parent or guardian:

(a) Agrees to submit within 15 days the documentationrequired pursuant to subsection 1; and

(b) Submits proof that he has not established apermanent residence in the county in which the facility is located.

3. If the documentation required pursuant tosubsection 1 is not submitted to the operator of the accommodation facilitywithin 15 days after the child was conditionally admitted, the child must beexcluded from the facility.

4. Before December 31 of each year, each accommodationfacility shall report to the Health Division of the Department, on a formfurnished by the Division, the exact number of children who have:

(a) Been admitted conditionally to the accommodationfacility; and

(b) Completed the immunizations required by thissection.

5. To the extent that the Board or an agency for thelicensing of child care facilities established by a county or city requires achild care facility to maintain proof of immunization of a child admitted tothe facility, the Board or agency shall authorize a business which operatesmore than one accommodation facility to maintain proof of immunization of achild admitted to any accommodation facility of the business at a singlelocation of the business. The documentation must be accessible by eachaccommodation facility of the business.

(Added to NRS by 2005, 2090)

NRS 432A.240 Exemptionfrom immunization when contrary to religious belief. Ifthe religious belief of a childs parents or guardian prohibits the immunizationof the child as required by NRS 432A.230or 432A.235, a written statement ofthis fact signed by the parents or guardian and presented to the operator ofthe facility exempts the child from the provisions of that section for purposesof admission.

(Added to NRS by 1979, 319; A 2005, 2093)

NRS 432A.250 Exemptionfrom immunization because of medical condition. Ifthe medical condition of a child will not permit him to be immunized to theextent required by NRS 432A.230 or 432A.235, a written statement of thisfact signed by a licensed physician and presented to the operator of thefacility by the parents or guardian of such child exempts such child from allor part of the provisions of NRS 432A.230or 432A.235, as the case may be, forpurposes of admission.

(Added to NRS by 1979, 319; A 2005, 2093)

NRS 432A.260 Additionalrequirements for immunization imposed after admission; additional certificateor documentation required. If, after a childhas been admitted to a child care facility, including a facility licensed by acounty or city, additional immunization requirements are provided by law, thechilds parents or guardian shall submit an additional certificate orcertificates or, if the facility is an accommodation facility, additionalwritten documentation in a form authorized pursuant to NRS 432A.235 to the operator of thefacility stating that such child has met the new immunization requirements.

(Added to NRS by 1979, 319; A 2005, 2093)

NRS 432A.270 Protectionof child exempt from immunization if dangerous disease exists in facility. Whenever the State Board of Health or a local board ofhealth determines that there is a dangerous contagious disease in a child carefacility attended by a child for whom exemption from immunization is claimedpursuant to the provisions of NRS 432A.240or 432A.250, the operator of thefacility shall require either:

1. That the child be immunized; or

2. That he remain outside the school environment andthe local health officer be notified.

(Added to NRS by 1979, 319)

NRS 432A.280 Penaltyfor refusal to remove child from child care facility when required by law. Any parent or guardian who refuses to remove his childfrom the child care facility to which he has been admitted when retention inthe facility is prohibited under the provisions of NRS 432A.230, 432A.235, 432A.260 or 432A.270 is guilty of a misdemeanor.

(Added to NRS by 1979, 319; A 2005, 2093)

PROGRAM TO PROVIDE HEALTH INSURANCE FOR CHILDREN

NRS 432A.300 Dutiesof Director: Establishment and administration of program; establishment ofstandards of eligibility; specification of benefits; regulations.

1. The Director shall establish and administer aprogram through which a person may donate money to provide health insurance fora child whose parents or guardians are not able to provide such insurance.

2. The Director shall, by regulation:

(a) Establish a standard of eligibility for theenrollment of children in the program; and

(b) Specify the benefits which must be provided in thepolicy of health insurance.

3. The Director may adopt regulations which areotherwise necessary to the administration of the program.

(Added to NRS by 1987, 1675)

NRS 432A.310 Directorauthorized to accept gifts or grants of money; Account for Health Insurance forChildren.

1. The Director may accept gifts or grants of money toestablish the program required by NRS432A.300.

2. Money received by the Director pursuant tosubsection 1 must be deposited with the State Treasurer for credit to theAccount for Health Insurance for Children in the State General Fund. Theinterest and income earned on the money in the Account, after deducting anyapplicable charges, must be credited to the Account. Money in the Account mustonly be used for the purposes of the program established pursuant to NRS 432A.300.

(Added to NRS by 1987, 1675)

OUTDOOR YOUTH PROGRAMS

NRS 432A.320 Definitions. As used in NRS432A.320 to 432A.560, inclusive,unless the context otherwise requires, the words and terms defined in NRS 432A.330 to 432A.370, inclusive, have the meaningsascribed to them in those sections.

(Added to NRS by 1991, 2301)

NRS 432A.330 Expeditiondefined. Expedition means an outdoor excursion,by a group of persons participating in an outdoor youth program, away from thebase camp of the program.

(Added to NRS by 1991, 2301)

NRS 432A.340 Fieldadministrator defined. Field administratormeans a person who is responsible for:

1. The management of a base camp for an outdoor youthprogram;

2. The supervision of the staff of the program; and

3. The daily operation of the program.

(Added to NRS by 1991, 2301)

NRS 432A.350 Fieldstaff defined. Field staff means personsresponsible for the supervision and provision of services to clients.

(Added to NRS by 1991, 2301)

NRS 432A.360 Providerdefined. Provider means the governing bodyor other person responsible for the administration and provision of an outdooryouth program.

(Added to NRS by 1991, 2301)

NRS 432A.370 Supportstaff defined. Support staff means personsresponsible for the delivery of supplies and mail to the participants in anoutdoor youth program, the facilitation of communication between the base campand groups on expeditions, and the provision of assistance to field staff inthe administration of first aid.

(Added to NRS by 1991, 2301)

NRS 432A.380 Requirementsfor conducting outdoor youth program; qualifications of field administrator,field staff and support staff. A providershall not conduct an outdoor youth program unless it employs:

1. A field administrator who:

(a) Is not less than 25 years of age;

(b) Holds a baccalaureate or higher degree, from anaccredited college or university, in recreational therapy or a related field;

(c) Has completed a program of training, approved bythe Bureau, on survival in the wilderness;

(d) Has not less than 2 years experience in thespecific type of outdoor youth program being conducted; and

(e) Is certified and receives annual training in theuse and administration of first aid, including cardiopulmonary resuscitation.

2. Senior field staff and support staff who:

(a) Are not less than 21 years of age;

(b) Have graduated from high school and satisfactorilycompleted not less than 24 semester hours of academic instruction, at anaccredited college or university, in subjects relating to the care of children;

(c) Have completed a program of training, approved bythe Bureau, on survival in the wilderness;

(d) Have not less than 6 months experience in thefield with an outdoor youth program; and

(e) Are certified and receive annual training in theuse and administration of first aid, including cardiopulmonary resuscitation.

3. Additional field staff, in such a number asnecessary to comply with the requirements of NRS 432A.480, who:

(a) Are not less than 21 years of age;

(b) Have graduated from high school and satisfactorilycompleted not less than 12 semester hours of academic instruction, at anaccredited college or university, in subjects relating to the care of children;

(c) Display skills in leadership; and

(d) Are certified and receive annual training in theuse and administration of first aid, including cardiopulmonary resuscitation.

(Added to NRS by 1991, 2301)

NRS 432A.390 Qualificationsand requirements for interns and voluntary assistants; prohibition againstparticipation in program by person less than 14 years; prohibition againstparticipation in program by client less than 18 years with client 18 years orolder.

1. A provider may authorize:

(a) A person to obtain experience in the field, as anintern member of the staff of an outdoor youth program, if the person is:

(1) Not less than 21 years of age; and

(2) Supervised by the field staff.

(b) A person who is not a client or member of the staffof an outdoor youth program to participate in the program as a voluntaryassistant if the person is:

(1) Not less than 18 years of age;

(2) Under the direct supervision of the fieldstaff; and

(3) Not allowed to supervise clients.

2. A provider and a field administrator shall not:

(a) Without the specific approval of the Bureau, allowa person to participate in an outdoor youth program unless the person hasattained the age of 14 years.

(b) Allow a client who is less than 18 years of age toparticipate in an outdoor youth program with any client who is 18 years of ageor older.

(Added to NRS by 1991, 2302)

NRS 432A.400 Staffmembers required to take physical examination; maintenance of health records inpersonnel file.

1. Each member of the staff of an outdoor youthprogram, including intern members, must obtain a physical examination, from aphysician who is licensed to practice in this state, within the 12 monthsimmediately preceding their participation in any outdoor activities pursuant tothe program. The physical examination must include an assessment of ability tocope with physical stress.

2. A provider shall maintain in the personnel file ofeach member of the staff a written record of the physical examination requiredby subsection 1, and a written history of the health of that member, executedby a physician who is licensed to practice in this state.

(Added to NRS by 1991, 2302)

NRS 432A.410 Trainingof staff. Each member of the staff of anoutdoor youth program, including intern members, must be properly trainedbefore they may participate in the program. The training required by thissection must be approved by the Bureau and:

1. Consist of:

(a) Not less than 7 days of academic instruction; and

(b) Not less than 21 days of practical instruction inthe field.

2. Include instruction in:

(a) Leadership and the exercise of good judgment;

(b) The maintenance of a daily log;

(c) Management of the behavior of clients;

(d) Skills and techniques for the counseling, teachingand supervision of clients;

(e) Skills and techniques for conducting expeditionswithout adversely affecting the environment;

(f) The procurement, preparation and conservation ofwater, food and shelter in the field;

(g) Procedures for sanitation;

(h) Navigational skills;

(i) Precautions for local environmental conditions;

(j) First aid, including cardiopulmonary resuscitation,and other medical information that is useful in the field;

(k) Procedures for and the use of equipment to maintainthe safety of clients;

(l) Procedures to be used in emergencies;

(m) Relevant federal, state and local laws andregulations; and

(n) Such other information, skills and techniques asthe Bureau deems necessary.

(Added to NRS by 1991, 2302)

NRS 432A.420 Dutiesof field administrator: Transportation of clients; number of staff required;equipment for vehicle required.

1. A field administrator shall:

(a) Establish written procedures for the transportationof clients to and from the field, both routinely and in emergencies; and

(b) Ensure that an appropriate means for the provisionof that transportation is readily available while clients are participating inthe outdoor youth program.

2. When transporting a client:

(a) The driver of the vehicle must hold a currentdrivers license; and

(b) At least two members of the staff of the outdooryouth program must be in the vehicle, one of whom must be of the same sex asthe client.

3. A vehicle used for the transportation of clientsmust be equipped with appropriate equipment for the administration of firstaid.

(Added to NRS by 1991, 2303)

NRS 432A.430 Dutiesof field administrator: Written general plan for preventing diseases and copingwith emergencies in field. A fieldadministrator shall prepare a written general plan:

1. For the prevention and elimination of infectiousand communicable diseases in the field.

2. For coping with injuries and emergencies in thefield, including:

(a) The assignment of authority and duties to particularmembers of the staff;

(b) Procedures for the provision of medical care;

(c) Procedures for the notification of a clientsphysician and nearest relative or guardian;

(d) Procedures for the relocation of groups in thefield;

(e) Procedures for the evacuation of groups from thefield; and

(f) Procedures for the supervision of clients afterrelocation or evacuation.

(Added to NRS by 1991, 2303)

NRS 432A.440 Physicalexamination and history of health of clients; form of written record;maintenance of record and history of health of clients.

1. A provider shall provide to potential clients aform for a written record of a physical examination. The form must:

(a) Describe with particularity the physical demands ofthe outdoor youth program and the environment where the program will beconducted; and

(b) Contain spaces for the results of:

(1) A test of urine for the presence of acontrolled substance;

(2) An examination of blood count;

(3) A test of urine for infections;

(4) An examination of electrolytes;

(5) A test for pregnancy;

(6) An assessment of ability to cope withphysical stress; and

(7) A determination by the physician as towhether detoxification is necessary before enrollment in the outdoor youthprogram.

2. A field administrator shall not allow a client toparticipate in an outdoor youth program unless the field administratormaintains in the base camp and a member of the field staff, who is responsiblefor the supervision of the client, carries in a waterproof container:

(a) A written record of the physical examination of theclient, conducted not more than 30 days before the client commences hisparticipation in the program, consisting of the form furnished by the providerpursuant to subsection 1, completed and executed by a physician who is licensedto practice in this state; and

(b) A written history of the health of the client thatcovers a period ending on a date within 30 days before the client commences hisparticipation in the program. The history must be verified by a parent orguardian and contain any limitations on the activities of the client and anyprescriptions to be taken by or administered to the client.

(Added to NRS by 1991, 2303)

NRS 432A.450 Dutiesof field administrator: Interviews required before participation in program;assessment and evaluation of client; duties of treatment team.

1. A field administrator shall not allow a client toparticipate in an outdoor youth program unless a treatment team has:

(a) Conducted an interview of the client;

(b) Conducted an interview of the clients parent orguardian to obtain the clients social and psychological history;

(c) Reviewed the record of the physical examination ofthe client and the written history of his health;

(d) Assessed and prepared an evaluation of theclients:

(1) Family history;

(2) Medical, social and psychological condition;and

(3) Level of education and development; and

(e) Based upon the information obtained and assessedpursuant to paragraphs (a) to (d), inclusive, prescribed a plan for thecontinuing evaluation and treatment of the client during his participation inthe program. The plan must provide specific goals and objectives for theobserveable modification of the clients attitudes and behavior.

2. A field administrator shall ensure that thetreatment team:

(a) Is readily accessible to each client; and

(b) Meets with each client, for at least 1 hour duringeach week that the client is participating in the program,

to carry outthe plan of continuing evaluation and treatment prepared pursuant to subsection1.

3. For the purposes of this section, treatment teammeans a group consisting of:

(a) A physician; and

(b) A psychologist or social worker,

who arelicensed to practice in this state.

(Added to NRS by 1991, 2304)

NRS 432A.460 Dutiesof field administrator: Establishment of base camp; information required to bemaintained in base camp; communications. Afield administrator shall:

1. Establish a base camp that is continuouslymonitored by at least one member of the staff of the outdoor youth programwhile clients are participating in the program.

2. Maintain in the base camp:

(a) A master map of the entire area in which activitiesare conducted pursuant to the program.

(b) A file regarding each client and member of thestaff who is participating in the program. Each file must contain biographicaland medical information concerning the client or member of the staff andinformation regarding his qualifications and fitness for participation in the program.

(c) A current list of each client and member of thestaff who is on an expedition.

(d) A copy of the itinerary for each expedition,including the intended schedule, and a map of the route for the expedition. Thefield administrator shall, before the expedition leaves the base camp, delivera copy of the itinerary and map to the Bureau.

(e) A log of each communication between the base campand a group on expedition.

3. Supervise the maintenance of communications,inspection of equipment and rendering of first aid.

4. Provide the Bureau with any information it requestsregarding the outdoor youth program.

(Added to NRS by 1991, 2304)

NRS 432A.470 Dutiesof field administrator: Inventory of personal belongings of clients; clothingand equipment required for clients. A fieldadministrator shall ensure that, upon the commencement of a clientsparticipation in an outdoor youth program:

1. An inventory is conducted of the personalbelongings of each client. Each item, except contraband, must be returned tothe client upon the completion of his participation in the program.

2. Each client has adequate clothing and equipment forprotection from the environment, including, without limitation, a backpack,sunscreen, insect repellent and appropriate items for personal hygiene. Forsleeping, each client must have a sleeping bag and:

(a) If the outdoor temperature is expected to dropbelow 40 degrees Fahrenheit at night, a ground pad and a tent or other shelter;or

(b) In all other cases, a wool blanket, and a tarp orponcho.

(Added to NRS by 1991, 2305)

NRS 432A.480 Expedition:Written general plan; number and qualifications of staff required.

1. A field administrator shall prepare a writtengeneral plan for the management of each expedition. The plan must ensure thatclients are not exposed to an unreasonable risk of harm.

2. Each expedition:

(a) Must not include more than 12 persons, includingmembers of the staff of the program.

(b) Must include at least one member of the staff, whomeets the qualifications set forth in subsection 1, 2 or 3 of NRS 432A.380, for every three clients.

(c) Must be supervised by at least two members of thestaff at all times. If the group is of mixed gender, at least one female memberand one male member of the staff must be present.

(Added to NRS by 1991, 2305)

NRS 432A.490 Expedition:Duties of field administrator; communication by field staff and support staff;provision of first aid; procedures for emergencies. Afield administrator shall ensure that:

1. While on an expedition, the field staff has acontinuously reliable system for communication with the base camp by radio,including extra packs of charged batteries.

2. The support staff contacts the field staff, byradio or in person, at least once during every 24 hours of an expedition.

3. The base camp and any vehicles used for support areequipped with appropriate equipment for the administration of first aid.

4. The support staff knows:

(a) The identity, location and telephone numbers orother means of communicating with appropriate persons to be contacted inemergencies; and

(b) Appropriate procedures for responding toemergencies arising in the field, including the evacuation of personsparticipating in the program.

(Added to NRS by 1991, 2305)

NRS 432A.500 Limitationsfor hiking; duties of field staff; instruction concerning environment;maintenance of daily log, itinerary and map.

1. A field administrator shall ensure that each groupof clients does not hike beyond the physical limitations of the weakest memberof the group. If the outdoor temperature is greater than 90 degrees Fahrenheit,clients must not be allowed to hike between 10 a.m. and 6 p.m.

2. The field staff shall:

(a) Provide clients with daily instruction upon:

(1) Federal, state and local laws andregulations for the protection of the environment; and

(2) Conducting themselves in such a manner asnot to have an adverse effect on the environment.

(b) Maintain a common daily log of all accidents,injuries, administrations of medication, behavioral problems and any unusualincidents that occur. The log must be in bound form, except that a log may berecorded electronically while on an expedition if it is transcribed into abound volume immediately after the expedition. All entries must be in permanentink and signed by the entrant. A provider or field administrator shall, uponrequest, allow any authorized member or employee of the Bureau to inspect thelog, and shall not allow any person to alter or destroy the log or any of itsentries.

(c) While on an expedition, carry an itinerary of theexpedition, including the intended schedule, and a map of the route for theexpedition.

(Added to NRS by 1991, 2306)

NRS 432A.510 Mealsfor clients; written menu prepared by qualified person; vitamins. A field administrator shall ensure that:

1. A written menu is prepared for the meals to befurnished to each group of clients. The menu must be prepared by a person whoholds a baccalaureate or higher degree in nutrition or a related field, from anaccredited college or university, and must provide for:

(a) Balanced meals containing each of the basic foodgroups; and

(b) The ingestion by every client of not less than1,800 calories each day, with the flexibility to increase caloric intake by upto 100 percent when clients engage in strenuous exercise or the outdoortemperature is low. Food obtained by forage must not be considered indetermining a clients caloric intake.

2. In addition to meals, clients receive a dailysupplement of multiple vitamins.

(Added to NRS by 1991, 2306)

NRS 432A.520 Waterfor clients; amount required; aerial drop prohibited; water from naturalsources required to be sanitized.

1. A field administrator shall ensure that everyclient has continuous access to not less than 6 quarts of potable water eachday, plus an additional quart for every 5 miles the client hikes.

2. When the outdoor temperature exceeds 90 degreesFahrenheit, a field administrator shall ensure that every client:

(a) Consumes not less than 3 quarts of water each day;and

(b) Has continuous access to a means for thereplacement of electrolytes.

3. Before the commencement of each days activity inthe field, caches of water must be appropriately placed, and the location ofeach cache verified by the field staff.

4. The water provided to clients must not, except inan emergency, be provided by aerial drop.

5. Any water obtained for clients from natural sourcesmust be properly sanitized.

(Added to NRS by 1991, 2306)

NRS 432A.530 Medicalcare required; first aid; equipment; controlled substances and medication;duties of staff. A field administrator shallensure that:

1. A client receives any necessary:

(a) Medication;

(b) First aid, including treatment for injury, diseaseand venomous bites; and

(c) Medical treatment from qualified medical personnel,

as promptlyas the circumstances and location of the client allows.

2. A first-aid kit is immediately accessible at allactivities conducted pursuant to the program, and that the kit containssupplies appropriate to the location, environment and type of activity.

3. Equipment is readily available for the emergencymedical evacuation of persons participating in the program.

4. Controlled substances are given to clients only asauthorized pursuant to a lawfully issued prescription.

5. All medications, whether sold by prescription orover the counter, are kept in the possession of a member of the staff andprovided to clients as needed.

6. A member of the staff:

(a) Supervises the ingestion or other use of anymedication by a client; and

(b) Maintains a record, including the time, dosage andeffect, of any medication ingested or otherwise used by a client.

(Added to NRS by 1991, 2307; A 1995, 1715)

NRS 432A.540 Mailfor clients; prompt delivery required; permitted restrictions.

1. A field administrator:

(a) Shall ensure that mail from a parent, guardian orattorney of a client is delivered to the client as promptly as thecircumstances and location of the client allows.

(b) May restrict a client from sending any mail duringthe first 3 weeks of the clients participation in the program.

(c) Shall not restrict a client from sending any mail ifthe client has participated in the program for more than 3 weeks.

(d) May require a client to open mail in the presenceof a member of the staff and shall confiscate any contraband contained in themail.

2. Except as otherwise provided in subsection 1, theright of a client to send or receive mail must not be restricted, except asrequested by a parent or guardian of the client.

(Added to NRS by 1991, 2307)

NRS 432A.550 Summaryof clients participation in program required upon completion of program;written evaluation of program by client and parents to be encouraged byprovider.

1. Upon the completion of a clients participation inan outdoor youth program, the field administrator shall require the client toprepare a written summary of what the client did and learned in the program.The provider of the program shall retain the summary for not less than 2 years.

2. The provider and staff of an outdoor youth programshall encourage clients, their parents or guardians and other interestedpersons, and provide them with an opportunity, to prepare and submit to theprovider a written evaluation of the program. The provider shall retain theevaluation for not less than 2 years.

(Added to NRS by 1991, 2307)

NRS 432A.560 Providerrequired to conduct program in compliance with statutes and regulations. The provider of an outdoor youth program shall ensure thatthe program is conducted in compliance with the provisions of this chapter andany regulations adopted pursuant thereto.

(Added to NRS by 1991, 2307)

 

Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.