It is the policy of this
state to:
1. Enable persons with visual, aural or physical disabilities to
participate fully in the social and economic life of the State and to
engage in remunerative employment and to secure for them the same rights
as persons without disabilities to the full and free use of the street,
highways, sidewalks, walkways, public buildings, public facilities and
other public places.
2. Promote these objectives by periodic public observance in which
the people of the State are reminded:
(a) Of the significance of the white cane and the blaze orange dog
leash.
(b) To observe the provisions of the laws for the protection of
persons with disabilities and to take precautions necessary to the safety
of persons with disabilities.
(c) Of the policies of the State with respect to persons with
visual or physical disabilities and to cooperate in giving effect to them.
(d) Of the need to:
(1) Be aware of the presence of persons with disabilities in
the community;
(2) Keep safe and functional for persons with disabilities
the streets, highways, sidewalks, walkways, public buildings, public
facilities, other public places, places of public accommodation,
amusement and resort, and other places to which the public is invited; and
(3) Offer assistance to persons with disabilities upon
appropriate occasions.
3. Provide persons with disabilities in this state and their
families, within the limits of available resources, assistance in
securing an equal opportunity to access and enjoy fully:
(a) Freedom and independence in planning and managing their lives,
including, without limitation, the ability to exercise individual
initiative;
(b) Suitable housing that is independently selected, designed and
located with consideration of the special needs of persons with
disabilities, and that is affordable to persons with disabilities;
(c) The best possible physical and mental health, without regard to
economic status;
(d) Necessary health, personal assistance and independent living
services that are designed to enable persons with disabilities to avoid
receiving institutional care, or to transition from an institutional
setting back to their communities;
(e) Respite for family members of persons with disabilities from
their duties as primary caregivers; and
(f) Meaningful participation in a wide range of civic, cultural and
recreational opportunities.
(Added to NRS by 1969, 586; A 1987, 822; 2003, 2628 )
The purposes of this chapter are:
1. To relieve persons with disabilities from the distress of
poverty;
2. To encourage and assist persons with disabilities in their
efforts to render themselves more self-supporting; and
3. To enlarge the opportunities of persons with disabilities to
obtain education, vocational training and employment.
[1:369:1953]—(NRS A 1963, 316; 1993, 2789; 2003, 2629 )
The provisions of this chapter
shall be liberally construed to effect their objects and purposes.
[3:369:1953]—(NRS A 1963, 316)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 426.041
to 426.099 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1981, 1916; A 1987, 823; 1993, 1616; 1995, 1992;
2003, 2974 )
“Blind person” means any
person whose visual acuity with correcting lenses does not exceed 20/200
in the better eye, or whose vision in the better eye is restricted to a
field which subtends an angle of not greater than 20°.
(Added to NRS by 1981, 1916)
“Bureau” means the Bureau of
Services to the Blind and Visually Impaired in the Division.
(Added to NRS by 1981, 1916; A 1997, 1170)
Repealed. (See chapter 57, Statutes
of Nevada 2005, at page 116 .)
“Deaf person” means any person
who, by reason of the loss or impairment of his hearing, has an aural
disability which limits, contributes to limiting or which, if not
corrected, will probably result in limiting his activities or functions.
(Added to NRS by 1981, 1916; A 2003, 2630 )
“Department” means the
Department of Employment, Training and Rehabilitation.
(Added to NRS by 1981, 1916; A 1993, 1616)
“Director” means the Director of
the Department.
(Added to NRS by 1981, 1916)
“Disability” means, with
respect to a person:
1. A physical or mental impairment that substantially limits one
or more of the major life activities of the person;
2. A record of such an impairment; or
3. Being regarded as having such an impairment.
(Added to NRS by 2003, 2973 )
“Division” means the
Rehabilitation Division of the Department.
(Added to NRS by 1981, 1916)
Repealed. (See chapter 196,
Statutes of Nevada 2005, at page 635 .)
Repealed. (See chapter 196,
Statutes of Nevada 2005, at page 635 .)
Repealed. (See chapter 196,
Statutes of Nevada 2005, at page 635 .)
Repealed. (See
chapter 196, Statutes of Nevada 2005, at page 635 .)
Repealed. (See
chapter 196, Statutes of Nevada 2005, at page 635 .)
Repealed. (See
chapter 196, Statutes of Nevada 2005, at page 635 .)
“Service animal” means an
animal that has been trained to assist or accommodate a person with a
disability.
(Added to NRS by 1995, 1992; A 1999, 2515 ; 2003, 2630 , 2974 )
“Service animal
in training” means an animal that is being trained to assist or
accommodate a person with a disability.
(Added to NRS by 2003, 2973 )
OFFICE OF DISABILITY SERVICES
General Provisions
As used in NRS 426.205 to 426.295 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 426.215 and 426.225
have the meanings ascribed to them in
those sections.
(Added to NRS by 2003, 2623 ; A 2005, 236 , 1443 )
“Department” means the
Department of Health and Human Services.
(Added to NRS by 2003, 2623 )
“Office” means the Office of
Disability Services created pursuant to NRS 426.235 .
(Added to NRS by 2003, 2623 )
The Office of Disability Services
is hereby created within the Department. The Office shall:
1. Provide access to information about services or programs for
persons with disabilities that are available in this State.
2. Work with persons with disabilities, persons interested in
matters relating to persons with disabilities and state and local
governmental agencies in:
(a) Developing and improving policies of this State concerning
programs or services for persons with disabilities, including, without
limitation, policies concerning the manner in which complaints relating
to services provided pursuant to specific programs should be addressed;
and
(b) Making recommendations concerning new policies or services that
may benefit persons with disabilities.
3. Serve as a liaison between state governmental agencies that
provide services or programs to persons with disabilities to facilitate
communication and the coordination of information and any other matters
relating to services or programs for persons with disabilities.
4. Serve as a liaison between local governmental agencies in this
State that provide services or programs to persons with disabilities to
facilitate communication and the coordination of information and any
other matters relating to services or programs for persons with
disabilities. To inform local governmental agencies in this State of
services and programs of other local governmental agencies in this State
for persons with disabilities pursuant to this subsection, the Office
shall:
(a) Provide technical assistance to local governmental agencies,
including, without limitation, assistance in establishing an electronic
network that connects the Office to each of the local governmental
agencies that provides services or programs to persons with disabilities;
(b) Work with counties and other local governmental entities in
this State that do not provide services or programs to persons with
disabilities to establish such services or programs; and
(c) Assist local governmental agencies in this State to locate
sources of funding from the Federal Government and other private and
public sources to establish or enhance services or programs for persons
with disabilities.
5. Administer the following programs in this State that provide
services for persons with disabilities:
(a) The program established pursuant to NRS 426.265 , 426.275 and
426.285 to provide financial assistance
to persons with physical disabilities;
(b) The programs established pursuant to chapter 426A of NRS to obtain information concerning traumatic
brain injuries and provide services to persons with traumatic brain
injuries;
(c) The program established pursuant to NRS 426.295 to provide devices for telecommunication to
deaf persons and persons with impaired speech or hearing;
(d) Any state program for persons with developmental disabilities
established pursuant to the Developmental Disabilities Assistance and
Bill of Rights Act of 2000, 42 U.S.C. §§ 15001 et seq.;
(e) Any state program for independent living established pursuant
to 29 U.S.C. §§ 796 et seq., with the Rehabilitation Division of the
Department of Employment, Training and Rehabilitation acting as the
designated state unit, as that term is defined in 34 C.F.R. § 364.4; and
(f) Any state program established pursuant to the Assistive
Technology Act of 1998, 29 U.S.C. §§ 3001 et seq.
6. Provide information to persons with disabilities on matters
relating to the availability of housing for persons with disabilities and
identify sources of funding for new housing opportunities for persons
with disabilities.
7. Ensure that state and local governmental agencies comply with
the provisions of the Americans with Disabilities Act of 1990, 42 U.S.C.
§§ 12101 et seq.
8. Before establishing policies or making decisions that will
affect the lives of persons with disabilities, consult with persons with
disabilities and members of the public in this State through the use of
surveys, focus groups, hearings or councils of persons with disabilities
to receive:
(a) Meaningful input from persons with disabilities regarding the
extent to which such persons are receiving services, including, without
limitation, services described in their individual service plans, and
their satisfaction with those services; and
(b) Public input regarding the development, implementation and
review of any programs or services for persons with disabilities.
9. Publish a biennial report which:
(a) Reviews the current and projected capacity of:
(1) Services available to persons with disabilities pursuant
to the State Plan for Medicaid;
(2) Waivers to the State Plan for Medicaid for the provision
of home and community-based services in this State;
(3) Services available to persons with disabilities from
counties and other local governmental entities in this State; and
(4) Any other services available to persons with
disabilities from any governmental or nonprofit agency;
(b) Identifies the costs of existing and new services in the
community for persons with disabilities;
(c) Provides a strategy for the expanding or restructuring of
services in the community for persons with disabilities that is
consistent with the need for such expansion or restructuring;
(d) Recommends plans to provide services or programs for persons
with disabilities by using the data from any waiting lists of persons
seeking such services or programs;
(e) Reports the outcomes of persons with disabilities who have
received services for persons with disabilities in this State; and
(f) Reports the progress of the Office in carrying out the
strategic planning goals for persons with disabilities identified
pursuant to chapter 541, Statutes of Nevada 2001.
10. Provide on or before January 15 of each year a report to the
Governor and on or before January 15 of each odd-numbered year a report
to the Legislature, including, without limitation:
(a) A summary of the activities of the Office for the preceding
fiscal year or 2 preceding fiscal years, if the report is provided to the
Legislature;
(b) Documentation of significant problems affecting persons with
disabilities when accessing public services, if the Office is aware of
any such problems;
(c) A summary and analysis of the trends in the systems of care and
services available for persons with disabilities; and
(d) Recommendations for improving the ability of the State of
Nevada to provide services to persons with disabilities and advocate for
the rights of persons with disabilities.
(Added to NRS by 2003, 2623 ; A 2005, 112 )
The Department may adopt any regulations
to carry out the provisions of NRS 426.205 to 426.295 ,
inclusive.
(Added to NRS by 2003, 2625 )
1. The Advisory Committee on Deaf and Hard of Hearing Persons is
hereby created in the Office. The Advisory Committee consists of 11
people appointed by the Director of the Department. The Director shall
appoint to the Advisory Committee:
(a) One member who is employed by the Department and who
participates in the administration of the program of this State which
provides services to persons with disabilities which affect their ability
to communicate;
(b) One person who is a member of the Nevada Association of the
Deaf;
(c) One member who is hard of hearing;
(d) One representative of educators of persons who are deaf and
hard of hearing;
(e) One member who is professionally qualified in the field of
deafness;
(f) One member whose speech is impaired;
(g) The Executive Director of the Nevada Telecommunications
Association;
(h) Two representatives of the deaf and hard of hearing centers
operated by this State, who are ex officio members; and
(i) Two representatives of the program to purchase, maintain,
repair and distribute devices for telecommunication developed and
administered pursuant to NRS 426.295 ,
who are ex officio members.
2. After the initial term, the term of each member is 3 years. A
member may be reappointed.
3. If a vacancy occurs during the term of a member, the Director
of the Department shall appoint a person similarly qualified to replace
that member for the remainder of the unexpired term.
4. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chairman
from among its voting members; and
(b) Meet at the call of the Director of the Department, the
Chairman or a majority of its members as is necessary to carry out its
responsibilities.
5. A majority of the voting members of the Advisory Committee
constitutes a quorum for the transaction of business, and a majority of
the voting members of a quorum present at any meeting is sufficient for
any official action taken by the Advisory Committee.
6. Members of the Advisory Committee serve without compensation,
except that each member is entitled, while engaged in the business of the
Advisory Committee, to the per diem allowance and travel expenses
provided for state officers and employees generally.
7. A member of the Advisory Committee who is an officer or
employee of this State or a political subdivision of this State must be
relieved from his duties without loss of his regular compensation so that
he may prepare for and attend meetings of the Advisory Committee and
perform any work necessary to carry out the duties of the Advisory
Committee in the most timely manner practicable. A state agency or
political subdivision of this State shall not require an officer or
employee who is a member of the Advisory Committee to make up the time he
is absent from work to carry out his duties as a member of the Advisory
Committee or use annual vacation or compensatory time for the absence.
8. The Advisory Committee may:
(a) Make recommendations to the Director of the Department and the
Office concerning the establishment and operation of programs for persons
with disabilities which affect their ability to communicate;
(b) Recommend to the Director of the Department and the Office any
proposed legislation concerning persons with disabilities which affect
their ability to communicate; and
(c) Collect information concerning persons with disabilities which
affect their ability to communicate.
9. As used in this section:
(a) “Person who is deaf” means a person who is not able to process
information aurally and whose primary means of communication is visual.
(b) “Person who is hard of hearing” means a person:
(1) Who has a hearing deficit;
(2) Who is able to process information aurally with or
without the use of a hearing aid or any other device that enhances the
ability of a person to hear; and
(3) Whose primary means of communication may be visual.
(c) “Person whose speech is impaired” means a person who has
difficulty using his voice to communicate.
(Added to NRS by 2003, 2626 )
Use of Signature Stamps by Certain Person With Physical Disabilities
1. Except as otherwise provided in subsection 2 and
notwithstanding any other provision of law:
(a) A person with a physical disability who, by reason of the
physical disability, is unable to write may use a signature stamp to
affix his signature to a document or writing any time that a signature is
required by law; and
(b) A person, government, governmental agency and political
subdivision of a government must treat each signature affixed by a person
described in paragraph (a) through the use of a signature stamp in the
same manner as it treats a signature made in writing.
2. The provisions of subsection 1 do not apply to a document or
writing with respect to which the requirement that the document or
writing must be signed is accompanied by an additional qualifying
requirement unless each additional qualifying requirement is satisfied.
3. The Office shall develop standards regarding signature stamps
for persons with physical disabilities who, by reason of their physical
disabilities, are unable to write, including, without limitation,
standards pertaining to:
(a) The development of a signature stamp;
(b) The use of a signature stamp;
(c) The verification of a signature stamp; and
(d) Any other aspect of the use or verification of signature stamps
that the Office determines to be necessary.
4. The Department shall adopt regulations to carry out the
provisions of this section, including, without limitation, regulations:
(a) To carry out the standards developed by the Office pursuant to
subsection 3; and
(b) Concerning the extent to which a person who uses a signature
stamp and a person, government, governmental agency and political
subdivision of a government which treats a signature stamp as the
signature of a person pursuant to this section may incur liability
related to the use or treatment of the signature stamp.
5. As used in this section, “signature stamp” means a stamp which
contains the impression of:
(a) The actual signature of a person with a physical disability;
(b) A mark or symbol which is adopted by the person with the
physical disability; or
(c) A signature of the name of a person with a physical disability
which is made by another person and which is adopted by the person with
the physical disability.
(Added to NRS by 2005, 235 )
Interagency Advisory Board on Transition Services
[Effective through June 30, 2013.] As
used in NRS 426.258 to 426.264 , inclusive, unless the context otherwise
requires, the words and terms defined in NRS 426.2585 to 426.261 ,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 1439 )
[Effective through June 30,
2013.] “Advisory Board” means the Interagency Advisory Board on
Transition Services created by NRS 426.2615 .
(Added to NRS by 2005, 1439 )
[Effective through June 30,
2013.] “Committee” means the Strategic Plan for People with Disabilities
Accountability Committee established by the Director of the Department as
required by Executive Order of the Office of the Governor and in response
to the long-term strategic plan concerning persons with disabilities
developed by the Department pursuant to paragraph (c) of subsection 1 of
section 1 of chapter 541, Statutes of Nevada 2001, at page 2705 .
(Added to NRS by 2005, 1439 )
[Effective
through June 30, 2013.] “State Rehabilitation Council” means the State
Rehabilitation Council established pursuant to 29 U.S.C. §§ 725 et seq.
(Added to NRS by 2005, 1439 )
[Effective through June
30, 2013.] “Transition services” means a coordinated set of activities
which:
1. Is designed within a process that is outcome-oriented and which
promotes movement of pupils from school to postschool activities,
including, without limitation, postsecondary education, vocational
training, supported employment, integrated employment, continuing and
adult education, adult services, independent living and community
participation;
2. Is based on the preferences and interests of the pupil, taking
into account the pupil’s needs;
3. Includes, without limitation:
(a) Instruction;
(b) Related services, including, without limitation, vocational and
rehabilitative services;
(c) Community experiences;
(d) The development of employment objectives and other objectives
for living as an adult after the completion of school; and
(e) If appropriate, the acquisition of daily living skills and
functional vocational evaluation; and
4. Includes an individual plan for employment for a pupil with a
disability who is receiving special education services or other related
services, if the individual plan for employment is developed:
(a) In coordination with the plan for the individualized education
prepared by the school district pursuant to NRS 395.020 , including, without limitation, the goals,
objectives and services identified in the plan; and
(b) In accordance with the plans, policies, procedures and terms of
an interlocal agreement between the school district of the pupil and the
Rehabilitation Division of the Department of Employment, Training and
Rehabilitation.
Ę The term includes special education if provided as specially designed
instruction or related services and if required to assist a pupil with a
disability to benefit from special education.
(Added to NRS by 2005, 1439 )
[Effective through June 30, 2013.]
1. The Interagency Advisory Board on Transition Services is hereby
created in the Office.
2. The Advisory Board consists of the following members:
(a) The Administrator of the Rehabilitation Division of the
Department of Employment, Training and Rehabilitation;
(b) The Superintendent of Public Instruction;
(c) A representative of the Division of Child and Family Services
of the Department, appointed by the Administrator of the Division of
Child and Family Services;
(d) A representative of the Division of Mental Health and
Developmental Services of the Department, appointed by the Administrator
of the Division of Mental Health and Developmental Services;
(e) A member of the Committee, appointed by the Governor;
(f) A member of the Governor’s Workforce Investment Board of the
Department of Employment, Training and Rehabilitation, appointed by the
Governor;
(g) A representative of the Nevada Disability Advocacy and Law
Center, or its successor organization, appointed by the Governor;
(h) A representative of the Nevada P.E.P., Inc., or its successor
organization, appointed by the Governor;
(i) A representative of a community-based organization which
provides services to persons with physical, cognitive, sensory and mental
health disabilities, appointed by the Governor;
(j) A representative of the Nevada System of Higher Education or an
entity which provides postsecondary education, vocational training,
supported employment services, integrated employment services or
continuing and adult education, appointed by the Governor;
(k) A representative of a program of education, including, without
limitation, a program of special or vocational education, in a school
district in a county whose population is 400,000 or more, appointed by
the Governor from a list of persons provided to the Governor by the
superintendents of schools in such counties;
(l) A representative of a program of education, including, without
limitation, a program of special or vocational education in a school
district in a county whose population is 100,000 or more but less than
400,000, appointed by the Governor from a list of persons provided to the
Governor by the superintendents of schools in such counties;
(m) A representative of a program of education, including, without
limitation, a program of special or vocational education, in a school
district in a county whose population is less than 100,000, appointed by
the Governor from a list of persons provided to the Governor by the
superintendents of schools in such counties;
(n) A person with a disability who has transitioned from a
secondary school into the workforce, postsecondary education, vocational
training, supported employment, integrated employment, continuing or
adult education, adult services, independent living or community
participation, appointed by the Governor; and
(o) A parent of a person with a disability who is not younger than
14 years of age or older than 25 years of age, appointed by the Governor.
3. Each member of the Advisory Board who is an officer or employee
of the State of Nevada or a local government or agency thereof or a
representative of a private entity may designate a representative to
serve in his place on the Advisory Board or to replace him at a meeting
of the Advisory Board if the person designated has the appropriate
knowledge and authority to represent the State of Nevada, local
government or agency thereof or private entity, as applicable, and has
been approved by the appointing authority.
4. Each appointing authority of a member of the Advisory Board
shall:
(a) Solicit recommendations for the appointment of members to the
Advisory Board from the Committee; and
(b) Appoint to the Advisory Board persons who represent a broad
range of persons with disabilities and entities serving persons with
disabilities.
(Added to NRS by 2005, 1440 )
[Effective through June 30, 2013.]
1. The term of each member is 4 years. A member may be reappointed.
2. A vacancy occurring in the membership of the Advisory Board
must be filled in the same manner as the original appointment.
(Added to NRS by 2005, 1441 )
[Effective through June 30, 2013.]
1. The Advisory Board shall:
(a) At its first meeting and annually thereafter, elect a Chairman
and Vice Chairman from among its voting members; and
(b) Meet throughout each year at the times and places specified by
a call of the Chairman or a majority of the members of the Advisory Board.
2. The Director of the Office or his designee shall act as the
nonvoting recording Secretary.
3. The Advisory Board shall prescribe regulations for its own
management and government.
4. A majority of the voting members of the Advisory Board
constitutes a quorum for the transaction of business, and a majority of
the voting members of a quorum present at any meeting is sufficient for
any official action taken by the Advisory Board.
(Added to NRS by 2005, 1441 )
[Effective through June 30, 2013.]
1. Members of the Advisory Board serve without compensation,
except that each member of the Advisory Board is entitled, while engaged
in the business of the Advisory Board, to receive the per diem allowance
and travel expenses provided for state officers and employees generally.
The per diem allowance and travel expenses provided to a member of the
Advisory Board who is an officer or employee of the State of Nevada or a
political subdivision of this State must be paid by the state agency or
political subdivision which employs him.
2. Each member of the Advisory Board who is an officer or employee
of the State of Nevada or a political subdivision of this State must be
relieved from his duties without loss of his regular compensation so that
he may prepare for and attend meetings of the Advisory Board and perform
any work necessary to carry out the duties of the Advisory Board in the
most timely manner practicable. A state agency or political subdivision
of this State shall not require an officer or employee who is a member of
the Advisory Board to make up the time that he is absent from work to
carry out his duties as a member of the Advisory Board or to use annual
vacation or compensatory time for the absence.
(Added to NRS by 2005, 1442 )
[Effective through June 30, 2013.] The
Advisory Board may:
1. Study and comment on issues related to transition services for
persons with disabilities in this State, including, without limitation:
(a) The implementation of recommendations concerning transition
services of the Committee and of the State Rehabilitation Council;
(b) Programs for the provision of transition services to persons
with disabilities in this State;
(c) Methods to enhance such programs and to ensure that persons
with disabilities are receiving transition services in the most
appropriate settings;
(d) Federal and state laws concerning transition services for
persons with disabilities;
(e) The availability of useful information and data relating to
transition services as needed for the State of Nevada to make decisions
effectively, plan budgets and monitor costs and outcomes of transition
services provided to persons with disabilities;
(f) Methods to increase the availability of such information and
data;
(g) Compliance with federal requirements which affect persons who
are receiving transition services;
(h) The extent to which transition services in this State are
provided in compliance with:
(1) The Americans with Disabilities Act of 1990, 42 U.S.C.
§§ 12101 et seq.; and
(2) The Strategic Plan for People with Disabilities
developed by the Department pursuant to paragraph (c) of subsection 1 of
section 1 of chapter 541, Statutes of Nevada 2001, at page 2705 ; and
(i) Any other matters that, in the determination of the Advisory
Board, affect persons with disabilities who are receiving transition
services;
2. Hold a statewide annual meeting to gather information and
develop recommendations concerning transition services for persons with
disabilities; and
3. Promote the planning, coordination, delivery and evaluation of
transition services offered by the State or a local government or agency
thereof or any private entity in this State.
(Added to NRS by 2005, 1442 )
[Effective through June 30, 2007.]
1. On or before July 1 of each year, the Advisory Board shall
submit an annual report concerning the provision of transition services
to persons with disabilities in this State to:
(a) The Governor;
(b) The Legislative Committee on Persons With Disabilities;
(c) The Committee;
(d) The State Rehabilitation Council;
(e) The State Board of Education; and
(f) The Department of Education for transmittal to persons within
the Department who are working on issues concerning special education.
2. The annual report must include, without limitation:
(a) A list of the members of the Advisory Board;
(b) The dates, agendas and minutes of each of the meetings of the
Advisory Board;
(c) Information concerning the activities, findings and
recommendations of the Advisory Board;
(d) A status report concerning transition services from:
(1) The Committee; and
(2) The State Rehabilitation Council;
(e) A summary of the availability and status of transition services
in this State and the need for transition services in this State;
(f) Recommendations for legislation relating to transition services;
(g) Recommendations to agencies and officers of the Executive
Branch of the State Government relating to transition services; and
(h) Recommendations to providers of community-based services who
provide services to persons with disabilities relating to transition
services.
(Added to NRS by 2005, 1443 )
[Effective July 1, 2007 through June
30, 2013.]
1. On or before July 1 of each year, the Advisory Board shall
submit an annual report concerning the provision of transition services
to persons with disabilities in this State to:
(a) The Governor;
(b) The Director of the Legislative Counsel Bureau for transmittal
to the Legislature;
(c) The Committee;
(d) The State Rehabilitation Council;
(e) The State Board of Education; and
(f) The Department of Education for transmittal to persons within
the Department who are working on issues concerning special education.
2. The annual report must include, without limitation:
(a) A list of the members of the Advisory Board;
(b) The dates, agendas and minutes of each of the meetings of the
Advisory Board;
(c) Information concerning the activities, findings and
recommendations of the Advisory Board;
(d) A status report concerning transition services from:
(1) The Committee; and
(2) The State Rehabilitation Council;
(e) A summary of the availability and status of transition services
in this State and the need for transition services in this State;
(f) Recommendations for legislation relating to transition services;
(g) Recommendations to agencies and officers of the Executive
Branch of the State Government relating to transition services; and
(h) Recommendations to providers of community-based services who
provide services to persons with disabilities relating to transition
services.
(Added to NRS by 2005, 1443 ; A 2005, 1444 , effective July 1, 2007)
Program to Enable Persons With Physical Disabilities to Live in
Unsupervised Setting
As used
in NRS 426.275 and 426.285 , unless the context otherwise requires,
“person with a physical disability” means a person with a physical
disability that substantially limits his ability to participate and
contribute independently in the community in which he lives.
(Added to NRS by 2003, 2627 )
1. The Department shall, through the Office, establish a program
to provide financial assistance to persons with physical disabilities for
such essential personal care required pursuant to NRS 426.285 as is necessary to enable them to live in a
noninstitutional or unsupervised residential setting.
2. The Department shall adopt regulations:
(a) Establishing the procedures for applying for assistance for
essential personal care;
(b) Prescribing the criteria for determining the eligibility of an
applicant;
(c) Prescribing the nature and the amounts of assistance which may
be provided and the conditions imposed; and
(d) Prescribing such other provisions as the Department considers
necessary to administer the program.
3. The decision of the Department regarding the eligibility of an
applicant is a final decision for the purposes of judicial review.
(Added to NRS by 2003, 2627 )
The
essential personal care for which the Department may provide assistance
to a person with a physical disability pursuant to NRS 426.275 must include assisting the person with the
physical disability in:
1. The elimination of wastes from the body.
2. Dressing and undressing.
3. Bathing and grooming.
4. The preparation and eating of meals.
5. Getting in and out of bed.
6. Repositioning while asleep.
7. The use of prostheses and other medical equipment.
8. Moving about.
(Added to NRS by 2003, 2627 )
Program to Provide Devices for Telecommunication to Persons With Impaired
Speech or Hearing
1. The Office shall develop and administer a program whereby:
(a) Any person who is a customer of a telephone company which
provides service through a local exchange or a customer of a company that
provides wireless phone service and who is certified by the Office to be
deaf or to have severely impaired speech or hearing may obtain a device
for telecommunication capable of serving the needs of such persons at no
charge to the customer beyond the rate for basic service; and
(b) Any person who is deaf or has severely impaired speech or
hearing may communicate by telephone, including, without limitation, a
wireless phone, with other persons through a dual-party relay system.
Ę The program must be approved by the Public Utilities Commission of
Nevada.
2. A surcharge is hereby imposed on each access line of each
customer to the local exchange of any telephone company providing such
lines in this State and on each personal wireless access line of each
customer of any company that provides wireless phone services in this
State which is sufficient to cover the costs of the program and to fund
the deaf and hard of hearing centers operated by this State. The
Commission shall establish by regulation the amount to be charged. Those
companies shall collect the surcharge from their customers and transfer
the money collected to the Commission pursuant to regulations adopted by
the Commission.
3. The Account for Services for Persons With Impaired Speech or
Hearing is hereby created within the State General Fund and must be
administered by the Office. Any money collected from the surcharge
imposed pursuant to subsection 2 must be deposited in the State Treasury
for credit to the Account. The money in the Account may be used only:
(a) For the purchase, maintenance, repair and distribution of the
devices for telecommunication, including the distribution of devices to
state agencies and nonprofit organizations;
(b) To establish and maintain the dual-party relay system;
(c) To reimburse telephone companies and companies that provide
wireless phone services for the expenses incurred in collecting and
transferring to the Commission the surcharge imposed by the Commission;
(d) For the general administration of the program developed and
administered pursuant to subsection 1;
(e) To train persons in the use of the devices; and
(f) To fund the deaf and hard of hearing centers operated by this
State.
4. For the purposes of this section:
(a) “Device for telecommunication” means a device which is used to
send messages through the telephone system, including, without
limitation, the wireless phone system, which visually displays or prints
messages received and which is compatible with the system of
telecommunication with which it is being used.
(b) “Dual-party relay system” means a system whereby persons who
have impaired speech or hearing, and who have been furnished with devices
for telecommunication, may relay communications through third parties to
persons who do not have access to such devices.
(Added to NRS by 2003, 2628 )
EXPEDITED SERVICE PERMITS
As used in NRS 426.401 to 426.461 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 426.411 , 426.421 and 426.431
have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 1158 )
“Department” means the
Department of Motor Vehicles.
(Added to NRS by 1999, 1158 ; A 2001, 2610 )
“Expedited
service permit” means a permit that:
1. Is issued by the Department pursuant to the provisions of NRS
426.441 to a person with a permanent
disability; and
2. Entitles the person to expedited service pursuant to the
provisions of NRS 426.451 .
(Added to NRS by 1999, 1158 )
“Person
with a permanent disability” means a person:
1. With a disability which limits or impairs the ability to walk,
as defined in NRS 482.3835 ; and
2. Whose disability has been certified by a licensed physician as
irreversible.
(Added to NRS by 1999, 1158 )
1. A person with a permanent disability may apply to the
Department for an expedited service permit. The application must:
(a) Be submitted on a form approved by the Department; and
(b) Include a statement from a licensed physician certifying that
the applicant is a person with a permanent disability.
2. Upon receipt of a completed application pursuant to subsection
1 and the payment of any required fee, the Department shall issue a
permit to the applicant. The permit must:
(a) Set forth the name and address of the person to whom it is
issued;
(b) Include a colored photograph of the applicant and the
international symbol of access which must be white on a blue background;
(c) Include any other information the Department may require; and
(d) Be the same size as a driver’s license issued by the Department
pursuant to the provisions of chapter 483 of
NRS.
3. A permit is valid for 10 years after the date of issuance.
4. The Department may:
(a) At any time review its determination of whether a holder of a
permit is eligible for issuance of the permit pursuant to the provisions
of this section. If the Department determines that a holder of a permit
is not eligible for issuance of the permit, the Department shall notify
the person of that fact in writing. Upon receipt of the notice, the
holder shall, as soon as practicable, surrender the permit to the
Department.
(b) Charge a fee for the issuance of a permit pursuant to the
provisions of this section.
(c) Adopt regulations necessary to carry out the provisions of NRS
426.401 to 426.461 , inclusive.
(Added to NRS by 1999, 1158 ; A 2005, 231 )
1. A person to whom an expedited service permit is issued pursuant
to the provisions of NRS 426.441 , or a
person who is assisting him, may present the permit to any officer or
employee of a state agency who is, at the time the permit is presented to
him, providing any services of the agency to the public. The permit must
be presented during the regular business hours of the agency.
2. Upon presentation of the permit, the officer or employee to
whom the permit is presented shall, before serving any other person who
is waiting to receive services, serve or otherwise accommodate the person
to whom the permit is issued.
(Added to NRS by 1999, 1159 )
1. It is unlawful for a person, other than a person to whom an
expedited service permit is issued pursuant to the provisions of NRS
426.441 , to use or attempt to use such
a permit to obtain services from a state agency pursuant to the
provisions of NRS 426.451 .
2. A person who violates a provision of this subsection is guilty
of a misdemeanor.
(Added to NRS by 1999, 1159 )
USE OF SERVICE ANIMALS AND WHITE OR METALLIC CANES
1. Except as otherwise provided in subsections 2, 3 and 4, a
person shall not:
(a) Use a service animal; or
(b) Carry or use on any street or highway or in any other public
place a cane or walking stick which is white or metallic in color, or
white tipped with red.
2. A blind person may use a service animal and a cane or walking
stick which is white or metallic in color, or white tipped with red.
3. A deaf person may use a service animal.
4. A person with a physical disability may use a service animal.
5. Any pedestrian who approaches or encounters a blind person
using a service animal or carrying a cane or walking stick, white or
metallic in color, or white tipped with red, shall immediately come to a
full stop and take such precautions before proceeding as may be necessary
to avoid accident or injury to the blind person.
6. Any person other than a blind person who:
(a) Uses a service animal or carries a cane or walking stick such
as is described in this section, contrary to the provisions of this
section;
(b) Fails to heed the approach of a person using a service animal
or carrying such a cane as is described by this section;
(c) Fails to come to a stop upon approaching or coming in contact
with a person so using a service animal or so carrying such a cane or
walking stick; or
(d) Fails to take precaution against accident or injury to such a
person after coming to a stop as provided for in this section,
Ę is guilty of a misdemeanor.
7. This section does not apply to any person who is instructing a
blind person, deaf person or person with a physical disability or
training a service animal.
[1:58:1939; 1931 NCL § 2323] + [2:58:1939; 1931 NCL § 2323.01] +
[3:58:1939; 1931 NCL § 2323.02]—(NRS A 1969, 511; 1981, 670, 1916; 1987,
823; 1995, 1992; 2003, 2630 , 2974 ; 2005, 626 )
The failure of a:
1. Blind person to carry a white or metallic colored cane or to
use a service animal;
2. Deaf person to use a service animal; or
3. Person with a physical disability to use a service animal,
Ę does not constitute contributory negligence per se, but may be
admissible as evidence of contributory negligence in a personal injury
action by that person against a common carrier or any other means of
public conveyance or transportation or a place of public accommodation as
defined by NRS 651.050 when the injury
arises from the blind person’s, deaf person’s or person with a physical
disability’s making use of the facilities or services offered by the
carrier or place of public accommodation.
(Added to NRS by 1971, 807; A 1981, 1917; 1987, 824; 1995, 1993;
2003, 2631 ; 2005, 627 )
BUREAU OF SERVICES TO BLIND; REGULATIONS
As used in NRS 426.518 to 426.610 ,
inclusive, the words and terms defined in NRS 426.519 and 426.520
have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 112 )
“Administrator” means the
Administrator of the Division.
(Added to NRS by 2005, 112 )
“Blind person” means
a person described in NRS 426.041 and
any person who by reason of loss or impairment of eyesight is unable to
provide himself with the necessities of life, and who has not sufficient
income of his own to maintain himself.
(Added to NRS by 1957, 781; A 1959, 148; 1963, 920; 1965, 771;
1967, 1162; 1973, 1388; 1981, 1917; 2005, 114 )
The Department shall
administer the provisions of NRS 426.518 to 426.610 ,
inclusive, as the sole agency in the State for such purpose.
(Added to NRS by 1973, 1388)
1. The Bureau must be headed by the Administrator.
2. The Bureau shall:
(a) Assist blind persons in achieving physical and psychological
orientation, inform blind persons of available services, stimulate and
assist blind persons in achieving social and economic independence, and
do all things which will ameliorate the condition of blind persons.
(b) Provide intensive programs of case finding, education,
training, job findings and placement, physical restoration, and such
other services and equipment as may assist in rendering blind persons
more self-supporting and socially independent.
3. The Bureau may:
(a) Provide for treatment or operations to prevent blindness or
restore vision to applicants for or recipients of services to blind
persons who request and make written application for such treatment or
operation; and
(b) Pay for all necessary expenses incurred in connection with the
diagnosis and treatment provided under paragraph (a). Necessary expenses
must include the costs of guide service, maintenance while the patient is
away from his home, transportation to the eye physician or hospital and
return to his home, and the cost of nursing home care when such care is
necessary.
(Added to NRS by 1957, 782; A 1959, 148; 1963, 318, 1183; 1965,
771; 1967, 1162; 1973, 1388; 1975, 1008; 2005, 114 , 627 )
Subject to
the approval of the Director, the Administrator or his designated
representative shall prepare reports for the Federal Government pursuant
to the Vocational Rehabilitation Act Amendments of 1965, Title 29 of
U.S.C., as amended, any future amendments thereof and the regulations
promulgated thereunder.
(Added to NRS by 1967, 803; A 1973, 419, 1389; 1975, 68; 2005, 114
)
1. Subject to the approval of the Department, the Division shall
direct the Bureau to make administrative regulations to enforce the
provisions of this chapter related to services for blind persons, which
regulations must not conflict with the provisions of this chapter.
2. The regulations must recognize that the needs and problems of
blind persons are special to them and may differ materially from the
needs and problems of other persons.
(Added to NRS by 1957, 782; A 1963, 319, 1183; 1965, 771; 1967,
1162; 1973, 1389; 1981, 1918; 2005, 628 )
Costs of administration of
NRS 426.518 to 426.720 , inclusive, shall be paid out on claims
presented by the Bureau in the same manner as other claims against the
State are paid.
(Added to NRS by 1967, 1579; A 1973, 1389)
1. All gifts of money which the Bureau is authorized to accept
must be deposited in the State Treasury for credit to the State Grant and
Gift Account for the Blind in the Department of Employment, Training and
Rehabilitation’s Gift Fund.
2. The State Grant and Gift Account must be used for the purposes
specified by the donor or for the purpose of carrying out the provisions
of this chapter and other programs or laws administered by the Bureau.
3. All claims must be approved by the Administrator before they
are paid.
(Added to NRS by 1967, 804; A 1973, 1390; 1979, 621; 1981, 77;
1993, 1617; 2005, 114 )
1. All employees of the Bureau are directly responsible to the
Administrator.
2. Such employees must consist of persons skilled in assisting
blind persons to achieve social and economic independence.
(Added to NRS by 1957, 782; A 1963, 921; 1965, 771; 1973, 1390;
2005, 115 )
Information with respect to any
individual applying for or receiving services to blind persons shall not
be disclosed by the Bureau or any of its employees to any person,
association or body unless such disclosure is related directly to
carrying out the provisions of NRS 426.518 to 426.610 ,
inclusive, or upon written permission of the applicant or recipient.
(Added to NRS by 1967, 805; A 1973, 1390; 2005, 628 )
When a blind person who is eligible to receive a maintenance
allowance while pursuing a training program administered by the Bureau is
accepted for such a training program, the Bureau may in its discretion
pay any installment of such maintenance allowance in advance, based upon
the amount allowed to the blind person, and adjust any succeeding payment
to reflect actual duration of training during the period for which such
advance was made.
(Added to NRS by 1967, 876; A 1973, 1391)
The
Bureau is hereby designated as the licensing agency for the purposes of
20 U.S.C. § 107 (a-f), and acts amendatory thereto, and the Bureau is
authorized to comply with such requirements as may be necessary to
qualify for federal approval and achieve maximum federal participation in
the Vending Stand Program under such federal statutes.
(Added to NRS by 1957, 782; A 1965, 772; 1973, 1391; 1975, 127)
No blind
person who may benefit from services authorized under NRS 426.518 to 426.610 ,
inclusive, may be denied such services except the services for which a
determination of economic need is required pursuant to the State Plan for
Services to the Blind.
(Added to NRS by 1957, 782; A 1963, 319; 1967, 1056; 1981, 1904)
1. An applicant for or recipient of services to blind persons who
is aggrieved by an act, determination or omission of the Bureau is
entitled, in accordance with regulations, to a fair hearing before a
hearing officer.
2. A person aggrieved by the decision of a hearing officer is
entitled to judicial review of the decision in the manner provided by
chapter 233B of NRS.
(Added to NRS by 1957, 782; A 1959, 148; 1963, 921; 1965, 772;
1967, 1163; 1973, 1391; 1989, 1654; 2005, 628 )
ESTABLISHMENT AND OPERATION OF VENDING STANDS ON PUBLIC PROPERTY
As used in NRS 426.630 to 426.720 ,
inclusive, unless the context otherwise requires:
1. “Operator” means the individual blind person responsible for
the day-to-day operation of the vending stand.
2. “Public building” or “property” means any building, land or
other real property, owned, leased or occupied by any department or
agency of the State or any of its political subdivisions except public
elementary and secondary schools, the Nevada System of Higher Education,
the Nevada State Park System and the Department of Corrections.
3. “Vending stand” means:
(a) Such buildings, shelters, counters, shelving, display and wall
cases, refrigerating apparatus and other appropriate auxiliary equipment
as are necessary or customarily used for the vending of such articles or
the provision of such services as may be approved by the Bureau and the
department or agency having care, custody and control of the building or
property in or on which the vending stand is located;
(b) Manual or coin-operated vending machines or similar devices for
vending such articles, operated in a particular building, even though no
person is physically present on the premises except to service the
machines;
(c) A cafeteria or snack bar for the dispensing of foodstuffs and
beverages; or
(d) Portable shelters which can be disassembled and reassembled,
and the equipment therein, used for the vending of approved articles,
foodstuffs or beverages or the provision of approved services.
(Added to NRS by 1959, 169; A 1961, 330; 1963, 921; 1965, 772;
1967, 1163; 1969, 1448; 1973, 73, 1392, 1495; 1981, 1918; 1985, 2313;
1987, 1741; 1993, 401; 2001 Special Session, 239 )
For
the purposes of providing blind persons with remunerative employment,
enlarging the economic opportunities of blind persons and stimulating
blind persons to greater efforts to make themselves self-supporting with
independent livelihoods, blind persons licensed under the provisions of
NRS 426.630 to 426.720 , inclusive, by the Bureau:
1. Have priority of right to operate vending stands in or on any
public buildings or properties where the locations are determined to be
suitable, pursuant to the procedure provided in NRS 426.630 to 426.720 ,
inclusive.
2. May operate vending stands in or on buildings or properties of
the Nevada State Park System, with the approval of the Administrator of
the Division of State Parks, on a parity with any other vendor.
(Added to NRS by 1959, 169; A 1963, 922; 1965, 773; 1973, 73, 1393;
1985, 2313)
Each head of the
department or agency in charge of the maintenance of public buildings or
properties shall:
1. Not later than July 1, 1959, notify the Bureau in writing of
any and all existing locations where vending stands are in operation or
where vending stands might properly and satisfactorily be operated.
2. Not less than 30 days prior to the reactivation, leasing,
re-leasing, licensing or issuance of permit for operation of any vending
stand, inform the Bureau of such contemplated action.
3. Inform the Bureau of any locations where such vending stands
are planned or might properly and satisfactorily be operated in or about
other public buildings or properties as may now or thereafter come under
the jurisdiction of the department or agency for maintenance, such
information to be given not less than 30 days prior to leasing,
re-leasing, licensing or issuance of permit for operation of any vending
stand in such public building or on such property.
(Added to NRS by 1959, 170; A 1963, 922; 1965, 773; 1973, 1393)
To effectuate further
the purposes of NRS 426.630 to 426.720
, inclusive, when new construction,
remodeling, leasing, acquisition or improvement of public buildings or
properties is authorized, consideration must be given to planning and
making available suitable space and facilities for vending stands to be
operated by blind persons. Written notice must be given to the Bureau by
the person or agency having charge of the planning and design of any such
project:
1. At least once each year in the case of projects proposed for a
municipal airport or air navigation facilities owned or operated under
the provisions of chapter 496 of NRS or an
airport owned or operated by the Reno-Tahoe Airport Authority.
2. Within 30 days after the commencement of the planning and
design of the project for all other projects.
(Added to NRS by 1959, 170; A 1973, 73, 1393; 1989, 1596)
If a suitable location is available for a vending stand
which requires the construction of a permanent building, the Bureau may
construct such building, but only after obtaining approval of the
Legislature.
(Added to NRS by 1961, 330; A 1965, 773; 1973, 1393)
1. The Bureau shall:
(a) Make surveys of public buildings or properties to determine
their suitability as locations for vending stands to be operated by blind
persons and advise the heads of departments or agencies charged with the
maintenance of the buildings or properties of its findings.
(b) With the consent of the respective heads of departments or
agencies charged with the maintenance of the buildings or properties,
establish vending stands in those locations which the Bureau has
determined to be suitable. The Bureau may enter into leases or licensing
agreements therefor.
(c) Select, train, license and assign qualified blind persons to
manage or operate vending stands or do both.
(d) Except as otherwise provided in this paragraph, execute
contracts or agreements with blind persons to manage or operate vending
stands or do both. The agreements may concern finances, management,
operation and other matters concerning the stands. The Bureau shall not
execute a contract or agreement which obligates the Bureau, under any
circumstances, to make payments on a loan to a blind person.
(e) When the Bureau deems such action appropriate, impose and
collect license fees for the privilege of operating vending stands.
(f) Establish and effectuate such regulations as it may deem
necessary to assure the proper and satisfactory operation of vending
stands. The regulations must provide a method for setting aside money
from the revenues of vending stands and provide for the payment and
collection thereof.
2. The Bureau may enter into contracts with vendors for the
establishment and operation of vending stands. These contracts must
include provisions for the payment of commissions to the Bureau based on
revenues from the vending stands. The Bureau may assign the commissions
to licensed operators for the maintenance of their incomes.
3. The Bureau may, by regulation, provide:
(a) Methods for recovering the cost of establishing vending stands.
(b) Penalties for failing to file reports or make payments required
by NRS 426.630 to 426.720 , inclusive, or a regulation adopted pursuant
to those sections when they are due.
(Added to NRS by 1959, 170; A 1961, 331; 1963, 923; 1965, 774;
1973, 74, 1394; 1975, 199; 1983, 298; 1993, 103)
1. The Business Enterprise Account for the Blind is hereby created
within the State General Fund and must be managed by the Administrator of
the Division.
2. Money received by the Bureau under the provisions of NRS
426.670 , except commissions assigned to
licensed vending stand operators, must:
(a) Be deposited in the Business Enterprise Account for the Blind.
(b) Except as otherwise provided in subsection 4, remain in the
Account and not revert to the State General Fund.
(c) Be used for:
(1) Purchasing, maintaining or replacing vending stands or
the equipment therein;
(2) Maintaining a stock of equipment, parts, accessories and
merchandise used or planned for use in the Vending Stand Program; and
(3) Other purposes, consistent with NRS 426.640 , as may be provided by regulation.
3. Purchases made pursuant to paragraph (c) of subsection 2 are
exempt from the provisions of the State Purchasing Act at the discretion
of the Chief of the Purchasing Division of the Department of
Administration or his designated representative, but the Bureau shall:
(a) Maintain current inventory records of all equipment, parts,
accessories and merchandise charged to the Business Enterprise Account
for the Blind;
(b) Conduct a periodic physical count of all such equipment, parts,
accessories and merchandise; and
(c) Reconcile the results of the periodic physical count with the
inventory records and cash balance in the Account.
4. If the Business Enterprise Account for the Blind is dissolved,
any money remaining therein reverts to the State General Fund.
5. Money from any source which may lawfully be used for the
Vending Stand Program may be transferred or deposited by the Bureau to
the Business Enterprise Account for the Blind.
6. The interest and income earned on the money in the Business
Enterprise Account for the Blind, after deducting any applicable charges,
must be credited to the Account.
(Added to NRS by 1961, 330; A 1963, 923; 1965, 774; 1973, 74, 1394;
1975, 199; 1977, 44; 1983, 1585; 1989, 1471; 1993, 1618; 2005, 115 )
1. The Bureau may, in interim periods when no blind licensee is
available to operate a vending facility and its continuous operation is
required, establish a checking account in a depository bank or credit
union qualified to receive deposits of public money pursuant to chapter
356 of NRS. All money received from the
vending facility during the interim period must be deposited to the
account and all expenses necessary to maintain the interim operation of
the facility must be paid from the account.
2. If the blind licensee who operated the facility returns after a
temporary disability, the Bureau shall prepare a financial report and
close the checking account by making a check in the amount of any balance
remaining in the account payable to the licensee.
3. If a blind licensee other than the one who previously operated
the facility is permanently assigned to it, the Bureau shall prepare a
financial report and close the checking account by making a check in the
amount of any balance remaining in the account payable to the Business
Enterprise Account for the Blind.
(Added to NRS by 1979, 330; A 1989, 1472; 1999, 1495 )
1. If, after a vending stand survey as authorized by NRS 426.670
, the head of a department or agency in
charge of the maintenance of any public building or property rejects or
does not act upon a written recommendation of the Bureau that a vending
stand be established or operated for the employment of blind persons, the
matter must be referred to the Director of the Department of Employment,
Training and Rehabilitation for review.
2. After reviewing the recommendation of the Bureau, the Director
may refer the matter to the head of the department or agency concerned
for further review and disposition.
3. If the Director is not satisfied with the decision of the head
of the department or agency concerned, the Director may refer the matter
for final decision and disposition to:
(a) The Governor, in the case of state buildings or properties.
(b) The board of county commissioners, in the case of county
buildings or properties.
(c) The city council or other governing board of the municipality
in the case of municipal buildings or properties.
(d) The governing board of the political subdivision in the case of
buildings or properties of other political subdivisions of this state.
(Added to NRS by 1959, 170; A 1963, 923; 1965, 774; 1967, 1164;
1973, 1395; 1993, 1618)
The Bureau may establish vending stands in privately owned
buildings, if the building owner in each instance consents and enters
into an agreement approved by the Bureau.
(Added to NRS by 1973, 72; A 1973, 1406)
Vending stands operated under the provisions of NRS 426.630
to 426.720 , inclusive, shall be used solely for the
vending of such commodities and articles as may be approved by the Bureau
and by the head of the department or agency in charge of the maintenance
of the building or property in or on which such stand is operated.
(Added to NRS by 1959, 171; A 1963, 924; 1965, 775; 1973, 1395)
Blind persons who operate a vending stand pursuant to the
provisions of NRS 426.630 to 426.720
, inclusive, may keep a service animal
with them at all times on the premises where that vending stand is
located.
(Added to NRS by 1973, 1496; A 1995, 1993; 2005, 628 )
The operator of each vending stand operated under the
provisions of NRS 426.630 to 426.720
, inclusive, shall be subject to:
1. The provisions of any and all laws and ordinances applying
within the territory within which such stand is located, including those
requiring a license or permit for the conduct of such business or any
particular aspect thereof.
2. The provisions of chapter 446 of
NRS.
(Added to NRS by 1959, 171; A 1961, 331)
The Bureau may, in its discretion, utilize
appropriate nonprofit corporations organized under the laws of this
State, or other agencies, as trustees to provide day-to-day management
and operation services for the Vending Stand Program for the Blind. Such
corporations or agencies must be reimbursed for their actual and
necessary expenses by the operators of the vending stand units which
compose the Vending Stand Program for the Blind in accordance with such
rules and regulations as may be adopted by the Bureau and approved by the
Department.
(Added to NRS by 1959, 171; A 1963, 924; 1965, 775; 1967, 1164;
1973, 1395; 1993, 1619)
Any person who
sells, solicits orders for or delivers, in any public building or on any
public land, any commodity which a blind vendor is authorized by the
Bureau to sell is guilty of a misdemeanor except:
1. A person licensed by or under contract to the Bureau;
2. A person who delivers a commodity to a blind vendor or for his
account;
3. A person who is raising money for the charitable activities of
a corporation organized for educational, religious, scientific,
charitable or eleemosynary purposes under the provisions of chapter 82
of NRS;
4. Public employees jointly sharing in the cost of coffee or other
beverages purchased by them for their own use, if there is no commercial
arrangement for the delivery of products and supplies to the building or
land;
5. A person who is catering an event inside or otherwise
delivering food or beverages to the Legislative Building; or
6. A person who is authorized to conduct such an activity under
the terms of a contract, lease or other arrangement with a municipality
pursuant to NRS 496.090 .
(Added to NRS by 1985, 890; A 1987, 768; 1991, 1316; 2003, 2095
)
1. Persons operating vending stands in public buildings or on
public properties as defined in NRS 426.630 prior to March 13, 1959, shall not be affected
by the provisions of NRS 426.630 to
426.720 , inclusive, except and only
insofar as provided by subsection 2 of NRS 426.650 .
2. Any blind person who is presently operating a vending stand in
or on public buildings or properties who desires to avail himself of the
advantages of the Program authorized by NRS 426.630 to 426.720 ,
inclusive, shall have the right to do so; and, in such instance, the
Bureau may negotiate and consummate arrangements for the purchase of such
vending stand equipment as it may deem necessary for the satisfactory
operation of the vending stand.
(Added to NRS by 1959, 171; A 1963, 924; 1965, 775; 1973, 1395)
PERSONAL ASSISTANCE FOR PERSONS WITH SEVERE FUNCTIONAL DISABILITIES
As used in NRS 426.721 to 426.731 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 426.722 to 426.727
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2001, 3106 )
“Advisory Committee”
means the Advisory Committee on Personal Assistance for Persons with
Severe Functional Disabilities created pursuant to NRS 426.731 .
(Added to NRS by 2001, 3106 )
“Minimum essential personal assistance” means the assistance of a person
with a severe functional disability for 6 hours or less per day in:
1. Eating;
2. Bathing;
3. Toileting;
4. Dressing;
5. Moving about; and
6. Taking care of himself.
(Added to NRS by 2001, 3106 )
“Reasonably adequate state funding” means the amount of state funding
that can reasonably be accommodated within state budgetary limitations,
as determined by the Governor and the Legislature for each biennial
session of the Legislature.
(Added to NRS by 2001, 3106 )
“Recipient” means a recipient of
minimum essential personal assistance through a state personal assistance
program.
(Added to NRS by 2001, 3106 )
“Severe
functional disability” means any physical or mental condition pursuant to
which a person is unable, without substantial assistance from another
person, to eat, bathe and toilet.
(Added to NRS by 2001, 3106 )
“State
personal assistance program” means a program established pursuant to NRS
422.396 , 426.275 or 427A.250 .
(Added to NRS by 2001, 3106 ; A 2003, 2631 )
1. Each state personal assistance program must make available,
within a reasonable period after receiving a request therefor and in
accordance with any conditions upon the receipt of federal funding and
considering the amount of reasonably adequate state funding,
community-based services to provide minimum essential personal assistance
to residents of this state with severe functional disabilities who would,
with the provision of that assistance, be able to live safely and
independently in their communities outside of an institutional setting.
2. The provisions of NRS 426.721
to 426.731 , inclusive, must not be
construed to:
(a) Prevent a person with a severe functional disability from
receiving more than 6 hours of minimum essential personal assistance per
day from a state personal assistance program if such assistance is
available pursuant to the program; or
(b) Prevent a person with a disability other than a severe
functional disability from receiving services from a state personal
assistance program if such assistance is available pursuant to the
program.
(Added to NRS by 2001, 3106 )
The Director of the Department of Health and Human Services,
in consultation with the Advisory Committee, shall:
1. Determine the amount of state funding necessary each biennium
to carry out NRS 426.728 .
2. Ensure that the amount of funding determined to be necessary
pursuant to subsection 1 is included in the budgetary request of the
appropriate department or agency for the biennium, and that the budgetary
request includes funding for any increase in the number of cases handled
by the state personal assistance programs.
3. Establish a program to govern the services provided to carry
out NRS 426.728 , within the limitations
of any conditions upon the receipt of state or federal funding, including:
(a) Minimum standards for the provision of minimum essential
personal assistance, including, to the extent authorized by state and
federal law, the provision of services in accordance with NRS 629.091
;
(b) Minimum qualifications and training requirements for providers
of minimum essential personal assistance;
(c) Standards for the financial operation of providers of minimum
essential personal assistance;
(d) The development of an individual service plan for the provision
of minimum essential personal assistance to each recipient;
(e) Procedures to appeal the denial or modification of an
individual service plan for the provision of minimum essential personal
assistance and to resolve any disputes regarding the contents of such a
plan;
(f) Continuous monitoring of the adequacy and effectiveness of the
provision of minimum essential personal assistance to each recipient;
(g) Mandatory requirements and procedures for reporting the abuse,
neglect or exploitation of a recipient;
(h) The receipt of meaningful input from recipients, including
surveys of recipients, regarding the extent to which recipients are
receiving the services described in their individual service plans and
their satisfaction with those services; and
(i) Continuing procedures for soliciting public input regarding the
development, implementation and review of the program.
4. Review and modify the program established pursuant to
subsection 3 as appropriate to provide recipients with as much
independence and control over the provision of minimum essential personal
assistance as is feasible.
5. Submit to each regular session of the Legislature and make
available to members of the public any recommendations for legislation to
carry out NRS 426.728 and to carry out
or improve the program established pursuant to subsection 3.
6. Submit to each regular session of the Legislature a report
regarding the expenditure of any money received to carry out NRS 426.721
to 426.731 , inclusive, that must include information
regarding:
(a) The fiscal and other effects of services provided to carry out
NRS 426.728 ;
(b) The results of the program established pursuant to subsection
3; and
(c) The percentage change in the number of residents of this State
with severe functional disabilities who are able to avoid or leave
institutional care as a result of the receipt of minimum essential
personal assistance through community-based services.
(Added to NRS by 2001, 3107 ; A 2003, 2631 )
1. The Advisory Committee on Personal Assistance for Persons with
Severe Functional Disabilities is hereby created in the Department of
Health and Human Services.
2. The Governor shall:
(a) Solicit recommendations for the appointment of members to the
Advisory Committee from organizations that are representative of a broad
range of persons with disabilities and organizations interested in the
provision of personal services to persons with functional disabilities.
(b) Appoint to the Advisory Committee such members as he deems
appropriate to represent a broad range of persons with disabilities from
diverse backgrounds, including, without limitation, one or more persons
who are representative of:
(1) The Nevada Commission on Aging and seniors with
disabilities.
(2) The Statewide Independent Living Council established in
this State pursuant to 29 U.S.C. § 796d.
(3) The State Council on Developmental Disabilities
established in this State pursuant to section 125 of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000.
(4) Centers for independent living established in this State.
(5) Providers of personal services to persons with
disabilities, including providers who receive state funding for that
purpose.
(6) Persons with disabilities who receive personal
assistance services.
3. The majority of the members of the Advisory Committee must be
persons with disabilities.
4. After the initial term, the term of each member is 2 years.
5. Members of the Advisory Committee serve without compensation,
except that each member is entitled, while engaged in the business of the
Advisory Committee, to the per diem allowance and travel expenses
provided for state employees generally.
6. A majority of the members of the Advisory Committee constitutes
a quorum for the transaction of business, and a majority of a quorum
present at any meeting is sufficient for any official action taken by the
Advisory Committee.
7. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chairman
from among its members.
(b) Meet at the call of the Director of the Department of Health
and Human Services, the Chairman or a majority of its members quarterly
or as is necessary, within the budget of the Advisory Committee, to
provide the Director of the Department of Health and Human Services with
appropriate assistance to carry out the provisions of NRS 426.728 .
(Added to NRS by 2001, 3108 ; A 2003, 2632 )
MISCELLANEOUS PROVISIONS
1. Every person who operates a service station or retail store
which sells fuel for motor vehicles to the public shall, upon request,
refuel a vehicle for a driver with a physical disability.
2. The price of the fuel charged to such a driver must not be
greater than the price which would be charged to any other person for the
fuel if that person had personally refueled his vehicle.
3. This section does not apply to a service station or a retail
store which sells fuel if the service station or retail store does not
provide a person to refuel the motor vehicles of its customers.
4. A person who violates any provision of this section is guilty
of a misdemeanor.
(Added to NRS by 1987, 545; A 2003, 2633 )
PENALTIES
1. A person shall not:
(a) Without legal justification, interfere with, or allow a dog or
other animal he owns, harbors or controls to interfere with, the use of a
service animal or service animal in training by obstructing, intimidating
or otherwise jeopardizing the safety of the service animal or service
animal in training or the person using the service animal or service
animal in training.
(b) Willfully and maliciously beat a service animal or service
animal in training.
(c) Willfully and maliciously kill a service animal or service
animal in training.
2. Unless a greater penalty is provided in NRS 206.150 , a person who violates:
(a) Paragraph (a) of subsection 1 is guilty of a gross misdemeanor.
(b) Paragraph (b) of subsection 1 is guilty of a category E felony
and shall be punished as provided in NRS 193.130 .
(c) Paragraph (c) of subsection 1 is guilty of a category D felony
and shall be punished as provided in NRS 193.130 .
3. A person who violates paragraph (a), (b) or (c) of subsection 1
is, in addition to any criminal penalty that may be imposed, civilly
liable to the person against whom the violation was committed as provided
in NRS 426.820 .
4. In addition to any other penalty, the court shall order a
person convicted of a violation of paragraph (a), (b) or (c) of
subsection 1 to pay restitution to the person who has the disability or
the person who has custody or ownership of the service animal or service
animal in training for any veterinary bills, and for the replacement cost
of the service animal or service animal in training if it was killed or
disabled or has become mentally or physically unable to perform its
duties. The restitution must cover all costs for aides, assistance,
transportation and other hardships incurred during the absence, and until
the replacement, of the service animal or service animal in training.
(Added to NRS by 1981, 1916; A 1987, 824; 1995, 1993; 1999, 2516
; 2001, 2891 ; 2003, 2975 ; 2005, 628 )
1. Except as otherwise provided in NRS 426.461 , a person who knowingly obtains or attempts to
obtain, or aids or abets any person to obtain by means of a willfully
false statement or representation or by impersonation, or other
fraudulent device, services to which he is not entitled, or services
greater than those to which he is entitled, with the intent to defeat the
purposes of this chapter, is guilty of a gross misdemeanor.
2. For the purposes of subsection 1, if a recipient of services
pursuant to the provisions of this chapter receives an overpayment for
the third time and the overpayments have resulted from a false statement
or representation by the recipient or from the failure of the recipient
to notify the Bureau of a change in his circumstances which would affect
the amount of services he receives, a rebuttable presumption arises that
the payment was fraudulently received.
(Added to NRS by 1969, 483; A 1973, 1406; 1975, 1009; 1993, 1619;
1999, 1159 )
1. It is unlawful for a person to fraudulently misrepresent an
animal as a service animal or service animal in training.
2. A person convicted of fraudulently misrepresenting an animal as
a service animal or service animal in training is guilty of a misdemeanor
and shall be punished by a fine of not more than $500.
(Added to NRS by 2005, 626 )
1. It is unlawful for a person to allow a dog or other animal that
he owns, harbors or controls to cause injury to or the death of any
service animal or service animal in training, or to endanger or cause
injury to a person who has a disability and is accompanied by a service
animal or a person who trains service animals and is accompanied by a
service animal in training.
2. Any person, including, without limitation, any firm,
association or corporation, who violates the provisions of subsection 1:
(a) Is guilty of a misdemeanor and shall be punished by a fine of
not more than $500; and
(b) In addition to any criminal penalty that may be imposed, is
civilly liable to the person against whom the violation was committed as
provided in NRS 426.820 .
3. In addition to any other penalty, the court shall order a
person convicted of a violation of subsection 1 to pay restitution to the
person who has the disability or the person who has custody or ownership
of the service animal or service animal in training for any veterinary
bills, and for the replacement cost of the service animal or service
animal in training if it was killed or disabled or has become mentally or
physically unable to perform its duties. The restitution must cover all
costs for aides, assistance, transportation and other hardships incurred
during the absence, and until the replacement, of the service animal or
service animal in training.
(Added to NRS by 2003, 2973 ; A 2005, 629 )
1. In addition to any criminal penalty that may be imposed, any
person, including, without limitation, any firm, association or
corporation, who violates the provisions of paragraph (a), (b) or (c) of
subsection 1 of NRS 426.790 or
subsection 1 of NRS 426.810 is civilly
liable to the person against whom the violation was committed for:
(a) Actual damages;
(b) Such punitive damages as may be determined by a jury, or by a
court sitting without a jury, which must not be more than three times the
amount of actual damages, except that in no case may the punitive damages
be less than $750; and
(c) Reasonable attorney’s fees as determined by the court.
2. The remedies provided in this section are nonexclusive and are
in addition to any other remedy provided by law, including, without
limitation, any action for injunctive or other equitable relief available
to the aggrieved person or brought in the name of the people of this
State or the United States.
(Added to NRS by 2003, 2973 ; A 2005, 629 )
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