The
Legislature finds and declares that it is desirable that children of our
state in need of day care services receive adequate and safe care outside
their own homes, and it is the intent of state and local governments to
assist in meeting such needs through an administrative procedure which
will further the following objectives:
1. Safe and responsive child care facilities and services.
2. Adequate methods to pay the costs of child care on an
individual basis in already existing child care programs.
3. Proper operation of child care programs.
4. Provision of services by other public agencies on a
subcontracted or purchased basis.
5. Full cooperation with the Federal Government in adopting a
State Plan for Child Care that is in accordance with the guidelines of
the Federal Panel on Early Childhood.
(Added to NRS by 1973, 1687)
As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 432A.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 )
“Accommodation
facility” means a child care facility which is operated:
1. By a business that is licensed to conduct a business other than
the provision of care to children; and
2. As an auxiliary service provided for the customers of the
primary business.
(Added to NRS by 2005, 2090 )
“Board” means the Board for Child
Care.
(Added to NRS by 1991, 2300)
“Bureau” means the Bureau of
Services for Child Care of the Division of Child and Family Services of
the Department.
(Added to NRS by 1991, 2300; A 1993, 615)
“Chief” means the Chief of the
Bureau.
(Added to NRS by 1991, 2300)
1. “Child care facility” means:
(a) An establishment operated and maintained for the purpose of
furnishing care on a temporary or permanent basis, during the day or
overnight, to five or more children under 18 years of age, if
compensation is received 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, foster home as
defined in chapter 424 of NRS or maternity
home;
(b) A home in which the only children received, cared for and
maintained are related within the third degree of consanguinity or
affinity by blood, adoption or marriage to the person operating the
facility; or
(c) A home in which a person provides care for the children of a
friend or neighbor for not more than 4 weeks if the person who provides
the care does not regularly engage in that activity.
(Added to NRS by 1991, 2300; A 1993, 870; 1997, 3322)
“Client” means a person enrolled
in an outdoor youth program.
(Added to NRS by 1991, 2300)
“Department” means the
Department of Health and Human Services.
(Added to NRS by 1991, 2300; A 2005, 22nd Special Session, 46
)
“Director” means the Director of
the Department.
(Added to NRS by 1991, 2300)
“On-site
child care facility” means an establishment that:
1. Is licensed pursuant to this chapter;
2. Provides care to the children of employees of a business 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 of 18 years
and who are not related within the third degree of consanguinity or
affinity to an owner or manager of the business; and
4. Is owned, operated, subsidized, managed, contracted for or
staffed by the business.
(Added to NRS by 1997, 3322)
“Outdoor youth
program” means a program for the provision of services, while living
outdoors, to persons under 18 years of age who have behavioral problems,
problems with mental health or problems with the abuse of alcohol or
drugs. The term does not include any facility, 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)
The provisions of this chapter
must be liberally construed to effect its purposes.
(Added to NRS by 1973, 1687; A 1991, 2308)
The provisions of this chapter do not apply
to the Program for Child Care and Development administered by the
Division of Welfare and Supportive Services of the Department pursuant to
chapter 422A of NRS.
(Added to NRS by 1997, 2266; A 2005, 22nd Special Session, 47
)
The Bureau shall:
1. Serve as a clearinghouse for information relating to child care.
2. Assist the Director in all matters pertaining to child care
services and programs.
3. Develop plans and conduct and arrange for research and
demonstration programs in the field of child care.
4. Provide technical assistance and consultation to political
subdivisions with respect to programs for child care.
5. Prepare, publish and disseminate educational materials dealing
with child care.
6. Gather statistics in the field of child care which other
federal and state agencies are not collecting.
7. Stimulate more effective use of existing resources and
available services for child care.
(Added to NRS by 1973, 1687; A 1979, 883)
The Department shall act as the single
state agency of the State of Nevada and its political subdivisions in the
administration of any federal funds granted to the State pursuant to any
federal law for the purposes of child care services and programs.
(Added to NRS by 1973, 1688; A 1979, 883)
1. Subject to the provisions of chapter 353 of NRS, the Department may accept gifts and grants
of money, property and services for the establishment of a program for
child care.
2. The Department shall report to the Interim Finance Committee
any applications for, and the receipt of, any gifts or grants pursuant to
subsection 1.
(Added to NRS by 1989, 2071)
The Chief must
be appointed, with the consent of the Director, on the basis of his
education, training, experience and demonstrated abilities and his
interest in child care services and programs.
(Added to NRS by 1973, 1688; A 2005, 22nd Special Session, 47
)
1. The Chief shall:
(a) Establish appropriate administrative units within the Bureau;
(b) Appoint such personnel and prescribe their duties as he deems
necessary for the proper and efficient performance of the functions of
the Bureau;
(c) Prepare and submit to the Governor, through the Director,
before September 1 of each even-numbered year for the biennium ending
June 30 of that year, reports of activities and expenditures and
estimates of sums required to carry out the purposes of this chapter;
(d) Make certification for disbursement of money available for
carrying out the purposes of this chapter; and
(e) Take such other action as may be necessary or appropriate for
cooperation with public and private agencies and otherwise to carry out
the purposes of this chapter.
2. The Chief may delegate to any officer or employee of the Bureau
such of his powers and duties as he finds necessary to carry out the
purposes of this chapter.
(Added to NRS by 1973, 1688; A 1979, 883)
1. The Board for Child Care is hereby created.
2. The Board consists of five members appointed by the
Administrator of the Division of Child and Family Services of the
Department with the concurrence of the Director.
(Added to NRS by 1979, 884; A 1985, 1472; 1991, 2131)
1. Of the members of the Board appointed one member must be:
(a) Licensed to practice a profession in the field of health care
and selected from a list of nominees submitted by an organization which
represents persons who are licensed to practice a healing art;
(b) Selected from a list of nominees submitted by an organization
which represents educators whose specialty is early childhood;
(c) Selected to represent facilities which are licensed to provide
care for less than 13 children;
(d) Selected to represent facilities which are licensed to provide
care for 13 or more children; and
(e) Selected to represent persons who use the services of such
facilities.
2. All members must be selected on the basis of their experience
and interest in child care services or programs.
3. Members of the Board serve at the pleasure of the
Administrator, but no appointment may extend beyond 3 years from the date
of expiration of the preceding appointment.
(Added to NRS by 1979, 884; A 1985, 1472)
1. The Board may meet regularly at least four times a year and may
meet at such other times as the Board deems necessary.
2. Each member of the Board is entitled to receive a salary of not
more than $80 per day, as fixed by the Board, while engaged in the
business of the Board.
3. While engaged in the business of the Board, each member and
employee of the Board is entitled to receive the per diem allowance and
travel expenses provided for state officers and employees generally.
(Added to NRS by 1979, 884; A 1981, 1983; 1983, 1443; 1985, 423;
1989, 1715)
1. The Board shall adopt:
(a) Licensing standards for child care facilities.
(b) In consultation with the State Fire Marshal, plans and
requirements to ensure that each child care facility and its staff is
prepared to respond to emergencies, including, without limitation:
(1) The conducting of fire drills on a monthly basis;
(2) The adoption of plans to respond to natural disasters
and emergencies other than those involving fire; and
(3) The adoption of plans to provide for evacuation of child
care facilities in an emergency.
(c) Such other regulations as it deems necessary or convenient to
carry out the provisions of this chapter.
2. The Board shall require that the practices and policies of each
child care facility provide adequately for the protection of the health
and safety and the physical, moral and mental well-being of each child
accommodated in the facility.
3. If the Board finds that the practices and policies of a child
care facility are substantially equivalent to those required by the Board
in its regulations, it may waive compliance with a particular standard or
other regulation by that facility.
(Added to NRS by 1979, 884; A 1985, 1472; 1997, 1267)
If an on-site child care facility does
not have sufficient outdoor play space to comply with the requirements
established by the Board for licensure, the Board shall allow the
facility to substitute an equal amount of indoor play space for the
otherwise required amount of outdoor play space.
(Added to NRS by 1997, 3322)
1. The Board shall establish a policy providing for coordination
among all interested public, private and commercial agencies or entities
to foster their cooperation in the interests of:
(a) Improving the quality of child care services offered by each
participating agency and entity.
(b) Ensuring continuity in the program of community child care for
each family.
(c) Reaching the maximum number of families possible within
available resources, with top priority given to low-income families.
(d) Increasing opportunities for developing staff competence and
career development within and between cooperating agencies and entities.
(e) Developing the most efficient, effective and economical methods
for providing services to children and families.
(f) Ensuring an effective voice by parents of children receiving
child care in the policy for and direction of programs.
(g) Mobilizing the resources of the community in such a manner as
to ensure maximum public, private and individual commitment to provide
expanded child care.
2. Such a policy must be primarily concerned with the coordination
of day care and preschool programs, and also be concerned with:
(a) Availability of other needed services for children in preschool
or day care programs;
(b) Availability of needed services for children of school age; and
(c) Coordination of community services with preschool or day care
programs.
(Added to NRS by 1979, 885)
The Department
through the Division may make agreements, arrangements or plans to:
1. Cooperate with the Federal Government in carrying out the
purposes of this chapter or of any federal statutes pertaining to child
care services and programs and to this end may adopt such methods of
administration as are found by the Federal Government to be necessary for
the proper and efficient operation of such agreements, arrangements or
plans; and
2. Comply with such conditions as may be necessary to secure
benefits under those federal statutes.
(Added to NRS by 1973, 1688; A 1981, 1905)
The Bureau may develop a state plan for services and programs relating
to child care and may comply with such other requirements as may be
necessary to obtain federal money. In developing and revising the state
plan, the Bureau shall consider, among other things, the amount of money
available from the Federal Government and the conditions attached to the
acceptance of such money, and the limitations of legislative
appropriations for services and programs relating to child care.
(Added to NRS by 1973, 1688; A 1979, 884; 1981, 1906)
1. The State Treasurer is designated as custodian of all money
received from the Federal Government for carrying out the purposes of
this chapter or any agreements, arrangements or plans authorized thereby.
2. The State Treasurer shall make disbursements of such money and
from all state funds available for the purposes of this chapter upon
certification by the designated official of the Bureau.
(Added to NRS by 1973, 1688; A 1979, 884)
1. All gifts of money which the Bureau is authorized to accept
must be deposited in the State Treasury for credit to the Gift Account
for Child Care Services in the Department of Health and Human Services’
Gift Fund. The money may be invested and reinvested and must be used in
accordance with the conditions of the gift.
2. All claims must be approved by the Chief before they are paid.
(Added to NRS by 1973, 1689; A 1979, 622; 1981, 78; 1993, 2705;
2005, 22nd Special Session, 47 )
1. An officer or employee engaged in the administration of this
chapter shall not use his official authority to influence or interfere
with an election or affect the results thereof or for any partisan
political purpose. Such an officer or employee shall not solicit or
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 of this
section shall be discharged.
(Added to NRS by 1973, 1689)
LICENSING OF CHILD CARE FACILITIES
1. Child care facilities in any county or incorporated city where
the governing body has established an agency for the licensing of child
care facilities and enacted an ordinance requiring that child care
facilities be licensed by the county or city need not be licensed by the
Bureau. The licensing agency shall adopt such standards and other
regulations as may be necessary for the licensing of child care
facilities, and the standards and regulations:
(a) Must be not less restrictive than those adopted by the Board;
and
(b) Take effect only upon their approval by the Bureau.
2. An agency for the licensing of child care facilities
established by a city or county may waive compliance with a particular
standard or other regulation by a child care facility if:
(a) The agency finds that the practices and policies of that
facility are substantially equivalent to those required by the agency in
its standards and other regulations; and
(b) The waiver does not allow a practice which violates a
regulation adopted by the Board.
3. A governing body may adopt such standards and other regulations
as may be necessary for the regulation of facilities which provide care
for fewer than five children. If the standards so adopted are less
restrictive than the standards for the licensure of child care facilities
which have been adopted by the Board, the governing body shall not issue
a license to the smaller facilities, but may register them in accordance
with the standards which are less restrictive.
4. If a governing body intends to amend or repeal an ordinance
providing for the licensing of child care facilities and the effect of
that action will be the discontinuance of the governing body’s licensure
of child care facilities, the governing body shall notify the Bureau of
its intention to do so at least 12 months before the amendment or repeal
becomes effective.
(Added to NRS by 1979, 885; A 1985, 1472; 1989, 280, 1481)
1. To the extent that the Board or an agency for the licensing of
child care facilities established by a county or city requires a child
care facility to make available a minimum amount of space per child in
the facility, an accommodation facility may include the space occupied by
any recreational toys that are used in the accommodation facility in
satisfying the requirement for the minimum amount of space per child in
the facility.
2. To the extent that the Board or an agency for the licensing of
child care facilities established by a county or city requires a child
care facility to make available a minimum number of toilets per child in
the facility, the Board or agency shall adjust the number of toilets per
child required in an accommodation facility to a number that is
appropriate for accommodation facilities, taking into account the unique
nature of such facilities.
3. An accommodation facility shall permit each parent or guardian
of a child who is receiving care in the accommodation facility to attend
to the needs of the child if the parent or guardian does so in an area of
a bathroom facility that is designated for use by one person.
(Added to NRS by 2005, 2091 )
1. If, after investigation, the Bureau finds that an applicant is
in full compliance with the provisions of this chapter and the standards
and regulations adopted pursuant to this chapter, the Bureau shall issue
to the applicant the license applied for.
2. The Bureau shall charge and collect a fee for each license
issued for a child care facility in an amount prescribed by regulation of
the Board.
3. The initial license issued by the Bureau may be effective for a
period not exceeding 1 year from the date of issuance.
4. A license that is renewed by the Bureau is effective for 1 year
from the date of renewal.
5. A license applies only to the person named therein and is not
transferable.
6. A license issued for:
(a) An outdoor youth program is valid only for the area of
operation described in the license.
(b) Any other child care facility is valid only for the premises
described in the license.
(Added to NRS by 1979, 885; A 1989, 1050; 1991, 2308)
Each license issued by the Bureau
must contain:
1. The name of the person or persons authorized to operate the
licensed facility;
2. The location of the licensed facility or, if the license is for
an outdoor youth program, the area of operation of the program; and
3. The number of beds authorized in the licensed facility, the
nature of services offered and the service delivery capacity.
(Added to NRS by 1979, 885; A 1991, 2308)
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 of standards and other
regulations pursuant to the provisions of this chapter, if the Bureau
determines that the facility requires a reasonable time under the
particular 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 other regulations,
if the Bureau determines that the facility is in the process of making
the necessary changes or has agreed to effect the changes within a
reasonable time; or
(c) Is in the process of applying for a license, if the Bureau
determines that the facility requires a reasonable time within which to
comply with the standards and other regulations.
2. The provisions of subsection 1 do not require the issuance of a
license or prevent the Bureau from refusing to renew or from revoking or
suspending any license in any instance where the Bureau considers that
action necessary for the health and safety of the occupants of any
facility or the clients of any outdoor youth program.
(Added to NRS by 1979, 886; A 1985, 1473; 1991, 2309)
1. The Bureau may, upon receipt of an application for a license to
operate a child care facility, conduct an investigation into the:
(a) Buildings or premises of the facility and, if the application
is for an outdoor youth program, the area of operation of the program;
(b) Qualifications and background of the applicant or his employees;
(c) Method of operation for the facility; and
(d) Policies and purposes of the applicant.
2. The Bureau shall secure from appropriate law enforcement
agencies information on the background and personal history of every
applicant, licensee or employee of an applicant or licensee, or every
resident of a child care facility or participant in an outdoor youth
program who 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 or other deadly
weapon;
(c) Assault with intent to kill or to commit sexual assault 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 contributory delinquency; or
(f) A violation of any federal or state law regulating the
possession, distribution or use of any controlled substance or any
dangerous drug as defined in chapter 454 of
NRS.
3. The Bureau may charge each person investigated pursuant to this
section for the reasonable cost of that investigation.
(Added to NRS by 1979, 886; A 1985, 1473; 1987, 1551; 1991, 2309)
1. Every applicant, licensee and employee of an applicant or
licensee, and every resident of a child care facility or participant in
an outdoor youth program who is 18 years of age or older, shall submit to
the Bureau, or to the person or agency designated by the Bureau, a:
(a) Complete set of fingerprints and a written authorization for
the Bureau or its designee to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
(b) Written statement detailing any prior criminal convictions,
Ê to enable the Bureau to conduct an investigation pursuant to NRS
432A.170 .
2. If an employee of an applicant or licensee, or such a resident
or participant, has been convicted of any crime listed in subsection 2 of
NRS 432A.170 , the Bureau shall
immediately notify the applicant or licensee.
(Added to NRS by 1985, 1471; A 1991, 2309; 1995, 753)
1. Any authorized member or employee of the Bureau may enter and
inspect any building or premises of a child care facility or the area of
operation of an outdoor youth program at any time to secure compliance
with or prevent a violation of any provision of this chapter.
2. The State Fire Marshal or his designate shall, at least
annually:
(a) Enter and inspect every building or premises of a child care
facility, on behalf of the Bureau; and
(b) Observe and make recommendations regarding the drills conducted
pursuant to NRS 432A.077 ,
Ê to secure compliance with standards for safety from fire and other
emergencies.
3. The State Health Officer or his designate shall enter and
inspect at least annually, every building or premises of a child care
facility and area of operation of an outdoor youth program, on behalf of
the Bureau, to secure compliance with standards for health and sanitation.
(Added to NRS by 1979, 886; A 1985, 1474; 1991, 2310; 1997, 1268)
1. The Bureau may deny an application for a license or may suspend
or revoke any license issued under the provisions of this chapter upon
any of the following grounds:
(a) Violation by the applicant or licensee or an employee of the
applicant or licensee of any of the provisions of this chapter or of any
other law of this state or of the standards and other regulations adopted
thereunder.
(b) Aiding, abetting or permitting the commission of any illegal
act.
(c) Conduct inimical to the public health, morals, welfare and
safety of the people of the State of Nevada in the maintenance and
operation of the child care facility for which a license is issued.
(d) Conduct or practice detrimental to the health or safety of the
occupants or employees of the child care facility, or the clients of the
outdoor youth program.
(e) Conviction of any crime listed in subsection 2 of NRS 432A.170
committed by the applicant or
licensee or an employee of the applicant or licensee, or by a resident of
the child care facility or participant in the outdoor youth program who
is 18 years of age or older.
2. In addition to the provisions of subsection 1, the Bureau may
revoke a license to operate a child care facility if, with respect to
that facility, the licensee that operates the facility, or an agent or
employee 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 nuisance pursuant to NRS
244.360 , 244.3603 or 268.4124 ; or
(c) Is ordered by the appropriate governmental agency to correct a
violation of a building, safety or health code or regulation but fails to
correct the violation.
3. The Bureau shall maintain a log of any complaints that it
receives relating to activities for which the Bureau may revoke the
license 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 a written
report setting forth, for the previous biennium:
(a) Any complaints included in the log maintained by the Bureau
pursuant to subsection 3; and
(b) Any disciplinary actions taken by the Bureau pursuant to
subsection 2.
(Added to NRS by 1979, 886; A 1981, 1218; 1985, 1474; 1991, 2310;
2001, 1354 )
1. When the Bureau denies, suspends or revokes a license for a
child care facility, the Bureau shall afford reasonable notice to all
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 with the Chief
within 10 calendar days after receipt of notice of action of the Bureau.
3. Within 20 calendar days after the receipt of the notice of
appeal, the Chief shall hold a hearing.
4. Notice of the hearing must be given no less than 5 days before
the date set for the hearing.
(Added to NRS by 1979, 886)
1. Except as provided in subsection 1 of NRS 432A.131 , the Bureau may bring an action in the name
of the State to enjoin any person, state or local government unit 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 by the Bureau.
2. It is sufficient in such an action to allege that the defendant
did, on a certain date and in a certain place, operate and maintain the
facility without a license.
(Added to NRS by 1979, 887)
Any
person who operates a child care facility without a license issued
pursuant to NRS 432A.131 to 432A.220
, inclusive, is guilty of a
misdemeanor.
(Added to NRS by 1979, 887; A 1991, 482; 2005, 2092 )
IMMUNIZATION OF CHILDREN ADMITTED TO CHILD CARE FACILITIES
Except as otherwise provided in NRS 432A.235 for accommodation facilities:
1. Except as otherwise provided in subsection 3 and unless excused
because of religious belief or medical condition, a child may not be
admitted to any child care facility within this State, including a
facility licensed by a county or city, unless his parents or guardian
submit to the operator of the facility a certificate stating that the
child has been immunized and has received proper boosters for that
immunization or is complying 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 or the State
Board of Health may determine.
2. The certificate must show that the required vaccines and
boosters were given and must bear the signature of a licensed physician
or his designee or a registered nurse or his designee, attesting that the
certificate accurately reflects the child’s record of immunization.
3. A child whose parent or guardian has not established a
permanent residence in the county in which a child care facility is
located and whose history of immunization cannot be immediately confirmed
by a physician in this State or a local health officer, may enter the
child care facility conditionally if the parent or guardian:
(a) Agrees to submit within 15 days a certificate from a physician
or local health officer that the child has received or is receiving the
required immunizations; and
(b) Submits proof that he has not established a permanent residence
in the county in which the facility is located.
4. If a certificate from the physician or local health officer
showing that the child has received or is receiving the required
immunizations is not submitted to the operator of the child care facility
within 15 days after the child was conditionally admitted, the child must
be excluded from the facility.
5. Before December 31 of each year, each child care facility shall
report to the Health Division of the Department, on a form furnished by
the Division, the exact number of children who have:
(a) Been admitted conditionally to the child care facility; and
(b) Completed the immunizations required by this section.
(Added to NRS by 1979, 318; A 1987, 1336; 1989, 1849; 1995, 809;
2005, 2092 )
1. Except as otherwise provided in subsection 2 and unless excused
because of religious belief or medical condition, a child may not be
admitted to any accommodation facility within this State, including an
accommodation facility licensed by a county or city, unless his parents
or guardian submit to the operator of the accommodation facility written
documentation stating that the child has been immunized and has received
proper boosters for that immunization or is complying with the schedules
established by regulation pursuant to NRS 439.550 for the diseases set 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 stating that the child
has been immunized and received boosters or is complying with the
schedules;
(b) A record from a public school or private school which
establishes that a child is enrolled in the school and has satisfied the
requirements for immunization for enrollment in the school pursuant to
NRS 392.435 or 394.192 ; or
(c) Any other documentation from a local health officer which
proves that the child has been immunized and received boosters or is
complying with the schedules.
2. A child whose parent or guardian has not established a
permanent residence in the county in which an accommodation facility is
located and whose history of immunization cannot be immediately confirmed
by the written documentation required pursuant to subsection 1 may enter
the accommodation facility conditionally if the parent or guardian:
(a) Agrees to submit within 15 days the documentation required
pursuant to subsection 1; and
(b) Submits proof that he has not established a permanent residence
in the county in which the facility is located.
3. If the documentation required pursuant to subsection 1 is not
submitted to the operator of the accommodation facility within 15 days
after the child was conditionally admitted, the child must be excluded
from the facility.
4. Before December 31 of each year, each accommodation facility
shall report to the Health Division of the Department, on a form
furnished by the Division, the exact number of children who have:
(a) Been admitted conditionally to the accommodation facility; and
(b) Completed the immunizations required by this section.
5. To the extent that the Board or an agency for the licensing of
child care facilities established by a county or city requires a child
care facility to maintain proof of immunization of a child admitted to
the facility, the Board or agency shall authorize a business which
operates more than one accommodation facility to maintain proof of
immunization of a child admitted to any accommodation facility of the
business at a single location of the business. The documentation must be
accessible by each accommodation facility of the business.
(Added to NRS by 2005, 2090 )
If the religious belief of a child’s parents or
guardian prohibits the immunization of the child as required by NRS
432A.230 or 432A.235 , a written statement of this fact signed by
the parents or guardian and presented to the operator of the facility
exempts the child from the provisions of that section for purposes of
admission.
(Added to NRS by 1979, 319; A 2005, 2093 )
If the medical condition of a child will not permit him to be
immunized to the extent required by NRS 432A.230 or 432A.235 , a written statement of this fact signed by
a licensed physician and presented to the operator of the facility by the
parents or guardian of such child exempts such child from all or part of
the provisions of NRS 432A.230 or
432A.235 , as the case may be, for
purposes of admission.
(Added to NRS by 1979, 319; A 2005, 2093 )
If,
after a child has been admitted to a child care facility, including a
facility licensed by a county or city, additional immunization
requirements are provided by law, the child’s parents or guardian shall
submit an additional certificate or certificates or, if the facility is
an accommodation facility, additional written documentation in a form
authorized pursuant to NRS 432A.235
to the operator of the facility stating that such child has met the new
immunization requirements.
(Added to NRS by 1979, 319; A 2005, 2093 )
Whenever the State Board of Health
or a local board of health determines that there is a dangerous
contagious disease in a child care facility attended by a child for whom
exemption from immunization is claimed pursuant to the provisions of NRS
432A.240 or 432A.250 , the operator of the facility shall require
either:
1. That the child be immunized; or
2. That he remain outside the school environment and the local
health officer be notified.
(Added to NRS by 1979, 319)
Any parent or guardian who refuses to
remove his child from the child care facility to which he has been
admitted when retention in the 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
1. The Director shall establish and administer a program through
which a person may donate money to provide health insurance for a 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 the enrollment of
children in the program; and
(b) Specify the benefits which must be provided in the policy of
health insurance.
3. The Director may adopt regulations which are otherwise
necessary to the administration of the program.
(Added to NRS by 1987, 1675)
1. The Director may accept gifts or grants of money to establish
the program required by NRS 432A.300 .
2. Money received by the Director pursuant to subsection 1 must be
deposited with the State Treasurer for credit to the Account for Health
Insurance for Children in the State General Fund. The interest and income
earned on the money in the Account, after deducting any applicable
charges, must be credited to the Account. Money in the Account must only
be used for the purposes of the program established pursuant to NRS
432A.300 .
(Added to NRS by 1987, 1675)
OUTDOOR YOUTH PROGRAMS
As used in NRS 432A.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 meanings ascribed to
them in those sections.
(Added to NRS by 1991, 2301)
“Expedition” means an outdoor
excursion, by a group of persons participating in an outdoor youth
program, away from the base camp of the program.
(Added to NRS by 1991, 2301)
“Field administrator”
means a person who is responsible for:
1. The management of a base camp for an outdoor youth program;
2. The supervision of the staff of the program; and
3. The daily operation of the program.
(Added to NRS by 1991, 2301)
“Field staff” means persons
responsible for the supervision and provision of services to clients.
(Added to NRS by 1991, 2301)
“Provider” means the governing
body or other person responsible for the administration and provision of
an outdoor youth program.
(Added to NRS by 1991, 2301)
“Support staff” means
persons responsible for the delivery of supplies and mail to the
participants in an outdoor youth program, the facilitation of
communication between the base camp and groups on expeditions, and the
provision of assistance to field staff in the administration of first aid.
(Added to NRS by 1991, 2301)
A
provider shall 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 an accredited
college or university, in recreational therapy or a related field;
(c) Has completed a program of training, approved by the Bureau, on
survival in the wilderness;
(d) Has not less than 2 years’ experience in the specific type of
outdoor youth program being conducted; and
(e) Is certified and receives annual training in the use 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 satisfactorily completed
not less than 24 semester hours of academic instruction, at an accredited
college or university, in subjects relating to the care of children;
(c) Have completed a program of training, approved by the Bureau,
on survival in the wilderness;
(d) Have not less than 6 months’ experience in the field with an
outdoor youth program; and
(e) Are certified and receive annual training in the use and
administration of first aid, including cardiopulmonary resuscitation.
3. Additional field staff, in such a number as necessary 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 satisfactorily completed
not less than 12 semester hours of academic instruction, at an accredited
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 the use and
administration of first aid, including cardiopulmonary resuscitation.
(Added to NRS by 1991, 2301)
1. A provider may authorize:
(a) A person to obtain experience in the field, as an intern 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 staff of an
outdoor youth program to participate in the program as a voluntary
assistant if the person is:
(1) Not less than 18 years of age;
(2) Under the direct supervision of the field staff; and
(3) Not allowed to supervise clients.
2. A provider and a field administrator shall not:
(a) Without the specific approval of the Bureau, allow a person to
participate in an outdoor youth program unless the person has attained
the age of 14 years.
(b) Allow a client who is less than 18 years of age to participate
in an outdoor youth program with any client who is 18 years of age or
older.
(Added to NRS by 1991, 2302)
1. Each member of the staff of an outdoor youth program, including
intern members, must obtain a physical examination, from a physician who
is licensed to practice in this state, within the 12 months immediately
preceding their participation in any outdoor activities pursuant to the
program. The physical examination must include an assessment of ability
to cope with physical stress.
2. A provider shall maintain in the personnel file of each member
of the staff a written record of the physical examination required by
subsection 1, and a written history of the health of that member,
executed by a physician who is licensed to practice in this state.
(Added to NRS by 1991, 2302)
Each member of the staff of an
outdoor youth program, including intern members, must be properly trained
before they may participate in the program. The training required by this
section 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 in the 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, teaching and
supervision of clients;
(e) Skills and techniques for conducting expeditions without
adversely affecting the environment;
(f) The procurement, preparation and conservation of water, 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 maintain the safety
of clients;
(l) Procedures to be used in emergencies;
(m) Relevant federal, state and local laws and regulations; and
(n) Such other information, skills and techniques as the Bureau
deems necessary.
(Added to NRS by 1991, 2302)
1. A field administrator shall:
(a) Establish written procedures for the transportation of clients
to and from the field, both routinely and in emergencies; and
(b) Ensure that an appropriate means for the provision of that
transportation is readily available while clients are participating in
the outdoor youth program.
2. When transporting a client:
(a) The driver of the vehicle must hold a current driver’s license;
and
(b) At least two members of the staff of the outdoor youth program
must be in the vehicle, one of whom must be of the same sex as the client.
3. A vehicle used for the transportation of clients must be
equipped with appropriate equipment for the administration of first aid.
(Added to NRS by 1991, 2303)
A field
administrator shall prepare a written general plan:
1. For the prevention and elimination of infectious and
communicable diseases in the field.
2. For coping with injuries and emergencies in the field,
including:
(a) The assignment of authority and duties to particular members of
the staff;
(b) Procedures for the provision of medical care;
(c) Procedures for the notification of a client’s physician and
nearest relative or guardian;
(d) Procedures for the relocation of groups in the field;
(e) Procedures for the evacuation of groups from the field; and
(f) Procedures for the supervision of clients after relocation or
evacuation.
(Added to NRS by 1991, 2303)
1. A provider shall provide to potential clients a form for a
written record of a physical examination. The form must:
(a) Describe with particularity the physical demands of the outdoor
youth program and the environment where the program will be conducted; and
(b) Contain spaces for the results of:
(1) A test of urine for the presence of a controlled
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 with physical stress;
and
(7) A determination by the physician as to whether
detoxification is necessary before enrollment in the outdoor youth
program.
2. A field administrator shall not allow a client to participate
in an outdoor youth program unless the field administrator maintains in
the base camp and a member of the field staff, who is responsible for the
supervision of the client, carries in a waterproof container:
(a) A written record of the physical examination of the client,
conducted not more than 30 days before the client commences his
participation in the program, consisting of the form furnished by the
provider pursuant to subsection 1, completed and executed by a physician
who is licensed to practice in this state; and
(b) A written history of the health of the client that covers a
period ending on a date within 30 days before the client commences his
participation in the program. The history must be verified by a parent or
guardian and contain any limitations on the activities of the client and
any prescriptions to be taken by or administered to the client.
(Added to NRS by 1991, 2303)
1. A field administrator shall not allow a client to participate
in an outdoor youth program unless a treatment team has:
(a) Conducted an interview of the client;
(b) Conducted an interview of the client’s parent or guardian to
obtain the client’s social and psychological history;
(c) Reviewed the record of the physical examination of the client
and the written history of his health;
(d) Assessed and prepared an evaluation of the client’s:
(1) Family history;
(2) Medical, social and psychological condition; and
(3) Level of education and development; and
(e) Based upon the information obtained and assessed pursuant to
paragraphs (a) to (d), inclusive, prescribed a plan for the continuing
evaluation and treatment of the client during his participation in the
program. The plan must provide specific goals and objectives for the
observeable modification of the client’s attitudes and behavior.
2. A field administrator shall ensure that the treatment team:
(a) Is readily accessible to each client; and
(b) Meets with each client, for at least 1 hour during each week
that the client is participating in the program,
Ê to carry out the plan of continuing evaluation and treatment prepared
pursuant to subsection 1.
3. For the purposes of this section, “treatment team” means a
group consisting of:
(a) A physician; and
(b) A psychologist or social worker,
Ê who are licensed to practice in this state.
(Added to NRS by 1991, 2304)
A field administrator shall:
1. Establish a base camp that is continuously monitored by at
least one member of the staff of the outdoor youth program while clients
are participating in the program.
2. Maintain in the base camp:
(a) A master map of the entire area in which activities are
conducted pursuant to the program.
(b) A file regarding each client and member of the staff who is
participating in the program. Each file must contain biographical and
medical information concerning the client or member of the staff and
information regarding his qualifications and fitness for participation in
the program.
(c) A current list of each client and member of the staff 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. The field
administrator shall, before the expedition leaves the base camp, deliver
a copy of the itinerary and map to the Bureau.
(e) A log of each communication between the base camp and 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 requests regarding
the outdoor youth program.
(Added to NRS by 1991, 2304)
A
field administrator shall ensure that, upon the commencement of a
client’s participation in an outdoor youth program:
1. An inventory is conducted of the personal belongings of each
client. Each item, except contraband, must be returned to the client upon
the completion of his participation in the program.
2. Each client has adequate clothing and equipment for protection
from the environment, including, without limitation, a backpack,
sunscreen, insect repellent and appropriate items for personal hygiene.
For sleeping, each client must have a sleeping bag and:
(a) If the outdoor temperature is expected to drop below 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 or poncho.
(Added to NRS by 1991, 2305)
1. A field administrator shall prepare a written general plan for
the management of each expedition. The plan must ensure that clients are
not exposed to an unreasonable risk of harm.
2. Each expedition:
(a) Must not include more than 12 persons, including members of the
staff of the program.
(b) Must include at least one member of the staff, who meets 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 the staff at all
times. If the group is of mixed gender, at least one female member and
one male member of the staff must be present.
(Added to NRS by 1991, 2305)
A field administrator shall ensure that:
1. While on an expedition, the field staff has a continuously
reliable system for communication with the base camp by radio, including
extra packs of charged batteries.
2. The support staff contacts the field staff, by radio or in
person, at least once during every 24 hours of an expedition.
3. The base camp and any vehicles used for support are equipped
with appropriate equipment for the administration of first aid.
4. The support staff knows:
(a) The identity, location and telephone numbers or other means of
communicating with appropriate persons to be contacted in emergencies; and
(b) Appropriate procedures for responding to emergencies arising in
the field, including the evacuation of persons participating in the
program.
(Added to NRS by 1991, 2305)
1. A field administrator shall ensure that each group of clients
does not hike beyond the physical limitations of the weakest member of
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 and regulations for the
protection of the environment; and
(2) Conducting themselves in such a manner as not 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 unusual
incidents that occur. The log must be in bound form, except that a log
may be recorded electronically while on an expedition if it is
transcribed into a bound volume immediately after the expedition. All
entries must be in permanent ink and signed by the entrant. A provider or
field administrator shall, upon request, allow any authorized member or
employee of the Bureau to inspect the log, and shall not allow any person
to alter or destroy the log or any of its entries.
(c) While on an expedition, carry an itinerary of the expedition,
including the intended schedule, and a map of the route for the
expedition.
(Added to NRS by 1991, 2306)
A field administrator shall ensure that:
1. A written menu is prepared for the meals to be furnished to
each group of clients. The menu must be prepared by a person who holds a
baccalaureate or higher degree in nutrition or a related field, from an
accredited college or university, and must provide for:
(a) Balanced meals containing each of the basic food groups; and
(b) The ingestion by every client of not less than 1,800 calories
each day, with the flexibility to increase caloric intake by up to 100
percent when clients engage in strenuous exercise or the outdoor
temperature is low. Food obtained by forage must not be considered in
determining a client’s caloric intake.
2. In addition to meals, clients receive a daily supplement of
multiple vitamins.
(Added to NRS by 1991, 2306)
1. A field administrator shall ensure that every client has
continuous access to not less than 6 quarts of potable water each day,
plus an additional quart for every 5 miles the client hikes.
2. When the outdoor temperature exceeds 90 degrees Fahrenheit, 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 the replacement of
electrolytes.
3. Before the commencement of each day’s activity in the field,
caches of water must be appropriately placed, and the location of each
cache verified by the field staff.
4. The water provided to clients must not, except in an emergency,
be provided by aerial drop.
5. Any water obtained for clients from natural sources must be
properly sanitized.
(Added to NRS by 1991, 2306)
A field
administrator shall ensure that:
1. A client receives any necessary:
(a) Medication;
(b) First aid, including treatment for injury, disease and venomous
bites; and
(c) Medical treatment from qualified medical personnel,
Ê as promptly as the circumstances and location of the client allows.
2. A first-aid kit is immediately accessible at all activities
conducted pursuant to the program, and that the kit contains supplies
appropriate to the location, environment and type of activity.
3. Equipment is readily available for the emergency medical
evacuation of persons participating in the program.
4. Controlled substances are given to clients only as authorized
pursuant to a lawfully issued prescription.
5. All medications, whether sold by prescription or over the
counter, are kept in the possession of a member of the staff and provided
to clients as needed.
6. A member of the staff:
(a) Supervises the ingestion or other use of any medication by a
client; and
(b) Maintains a record, including the time, dosage and effect, of
any medication ingested or otherwise used by a client.
(Added to NRS by 1991, 2307; A 1995, 1715)
1. A field administrator:
(a) Shall ensure that mail from a parent, guardian or attorney of a
client is delivered to the client as promptly as the circumstances and
location of the client allows.
(b) May restrict a client from sending any mail during the first 3
weeks of the client’s participation in the program.
(c) Shall not restrict a client from sending any mail if the client
has participated in the program for more than 3 weeks.
(d) May require a client to open mail in the presence of a member
of the staff and shall confiscate any contraband contained in the mail.
2. Except as otherwise provided in subsection 1, the right of a
client to send or receive mail must not be restricted, except as
requested by a parent or guardian of the client.
(Added to NRS by 1991, 2307)
1. Upon the completion of a client’s participation in an outdoor
youth program, the field administrator shall require the client to
prepare 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 program shall
encourage clients, their parents or guardians and other interested
persons, and provide them with an opportunity, to prepare and submit to
the provider a written evaluation of the program. The provider shall
retain the evaluation for not less than 2 years.
(Added to NRS by 1991, 2307)
The provider of an outdoor youth program
shall ensure that the program is conducted in compliance with the
provisions of this chapter and any regulations adopted pursuant thereto.
(Added to NRS by 1991, 2307)
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