Nac: Chapter 458 - Abuse Of Alcohol And Drugs

Link to law: http://www.leg.state.nv.us/nac/NAC-458.html
Published: 2015

[Rev. 12/7/2015 2:33:28 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R104-14

[NAC-458 Revised Date: 8-12]

CHAPTER 458 - ABUSE OF ALCOHOL AND DRUGS

GENERAL PROVISIONS

458.010            Definitions.

458.012            “Administrative program” defined.

458.017            “Bureau” defined.

458.019            “Client” defined.

458.0235          “Coalition program” defined.

458.0262          “Coordination of care” defined.

458.0265          “Counseling” defined.

458.028            “Criteria of the Health Division”

defined.

458.029            “Detoxification” defined.

458.032            “Drug court program” defined.

458.034            “Evaluation center program”

defined.

458.039            “Notice of subgrant award” defined.

458.043            “Operator” defined.

458.045            “Participant” defined.

458.049            “Prevention program” defined.

458.054            “Program” defined.

458.063            “Service” defined.

458.065            “Staff” defined.

458.069            “Substance-related disorder”

defined.

458.077            “Treatment assessment” defined.

458.079            “Treatment program” defined.

458.087            “Volunteer” defined.

458.095            Adoption by reference of Diagnostic

and Statistical Manual of Mental Disorders.

ALCOHOL AND DRUG ABUSE PROGRAMS

Certification of Programs

458.103            Certification required to receive

funding from Health Division.

458.108            Applications for initial

certification and recertification.

458.113            Duties of Health Division upon

receipt of application; period of certification.

458.118            Criteria for certification and

receipt of funding; amendment of criteria.

458.123            Notifications regarding changes

affecting certification.

458.128            Addition of new service during

period of certification.

458.133            Transferability of certification.

458.138            Fees of Health Division.

 

Operators and Staff of Programs

458.153            Operators: General requirements and

duties.

458.158            Operators: Manual of policies,

procedures and services.

458.163            Operators: Responsibilities

concerning confidentiality and recordkeeping.

458.168            Operators: Records regarding

members of staff.

458.173            Operators: Liability insurance.

458.177            Operators and staff: General

ethical requirements.

458.183            Operators and staff:

Responsibilities concerning clients and participants.

 

Information and Referral Services

458.193            General requirements.

 

Coalition Programs

458.203            Duties of operator.

 

Administrative Programs

458.213            Duties of operator; funding.

 

Prevention Programs

458.223            Purpose and scope of

program.

458.228            Duties of operator.

 

Treatment Programs

458.241            Manual of policies and procedures.

458.246            Provision of services to clients.

458.252            Assessments for substance-related

disorders and mental health disorders.

458.257            Provision of opioid maintenance

therapy services.

458.262            Provision of counseling for groups.

458.267            Policies and procedures for

provision of services using system of telecommunications.

458.272            Records regarding clients.

 

Drug Court Programs

458.291            Manual of policies and procedures.

458.296            Assessments of clients.

458.301            Provision of counseling for groups.

458.306            Records regarding clients.

 

Evaluation Center Programs

458.321            Manual of policies and procedures.

458.326            Assessments of clients.

458.331            Records regarding clients.

458.336            Restriction on area of operation.

 

Disciplinary Proceedings

458.361            Health Division: Acceptance of

complaints; authority to inspect premises and request information.

458.366            Investigations: Duties of Health

Division.

458.371            Investigations: Public disclosure

of information and records.

458.376            Imposition of disciplinary action;

recertification after revocation of certification.

MISCELLANEOUS PROVISIONS

458.401            Procedure for review of actions

taken by Health Division; appeals.

 

GENERAL PROVISIONS

      NAC 458.010  Definitions. (NRS 458.025)  As used

in this chapter, unless the context otherwise requires, the words and terms

defined in NRS 458.010 and NAC 458.012 to 458.087,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bur. of Alcohol and

Drug Abuse, 10-16-84; 11-30-87; 10-14-92; 4-27-94; R100-98, 11-3-98; A by Bd.

of Health by R120-04, 10-5-2004)

      NAC 458.012  “Administrative program” defined. (NRS 458.025)  “Administrative

program” means a program that provides services which support prevention

programs and treatment programs, including, without limitation, a program which

serves as a clearinghouse for information relating to the prevention or

treatment of substance-related disorders, a program which provides services

relating to training to assist persons with substance-related disorders and a

program which provides information or support to assist in the recovery of a

person with a substance-related disorder.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.017  “Bureau” defined. (NRS 458.025)  “Bureau”

means the Bureau of Alcohol and Drug Abuse of the Health Division, or its

successor.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.019  “Client” defined. (NRS 458.025)  “Client”

means a person who meets the criteria of the Health Division for having a

substance-related disorder and who is receiving a service from a program for

that disorder.

     (Added to NAC by Bur. of Alcohol and Drug Abuse by R100-98,

eff. 11-3-98; A by Bd. of Health by R120-04, 10-5-2004)

      NAC 458.0235  “Coalition program” defined. (NRS 458.025)  “Coalition

program” means a program that is operated by a nonprofit organization

consisting of individuals, organizations and agencies to develop strategies and

identify programs which address the needs of a community or of a racial,

ethnic, religious or social group regarding the use of, misuse of and

dependence on alcohol and other drugs in that community or group.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.0262  “Coordination of care” defined. (NRS 458.025)  “Coordination

of care” means the exchange of information between two or more parties

providing a necessary service to a client to ensure that:

     1.  The client receives such service; and

     2.  The efforts of the parties are

coordinated with one another in providing service to the client.

     (Added to NAC by Bur. of Alcohol and Drug Abuse by R100-98,

eff. 11-3-98; A by Bd. of Health by R120-04, 10-5-2004)

      NAC 458.0265  “Counseling” defined. (NRS 458.025)  “Counseling”

means interaction with a client to provide treatment for a substance-related

disorder.

     (Added to NAC by Bur. of Alcohol and Drug Abuse, eff. 4-27-94;

A by R100-98, 11-3-98; A by Bd. of Health by R120-04, 10-5-2004)

      NAC 458.028  “Criteria of the Health Division” defined. (NRS 458.025)  “Criteria

of the Health Division” means the criteria adopted by the Health Division in

the Administrative Manual of the Bureau for the prevention or treatment

of a substance-related disorder, including, without limitation:

     1.  The policies and procedures established

by the Health Division in the Administrative Manual to monitor

compliance of programs with certification requirements; and

     2.  The criteria outlined in the current

version of the Diagnostic and Statistical Manual of Mental Disorders,

which is adopted by reference pursuant to NAC 458.095.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.029  “Detoxification” defined. (NRS 458.025)  “Detoxification”

has the meaning ascribed to it in NAC

449.034.

     (Added to NAC by Bur. of Alcohol and Drug Abuse, eff. 4-27-94;

A by R100-98, 11-3-98; A by Bd. of Health by R120-04, 10-5-2004)

      NAC 458.032  “Drug court program” defined. (NRS 458.025)  “Drug

court program” means a program which provides treatment assessment services and

referral services for persons assigned by a court to the program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.034  “Evaluation center program” defined. (NRS 458.025, 484C.310)  “Evaluation

center program” means a program which evaluates a person pursuant to NRS 484C.350 in a facility

certified by the Health Division to determine whether the person is an abuser

of alcohol or another drug through evaluations conducted by:

     1.  An alcohol and drug abuse counselor who

is licensed or certified pursuant to chapter

641C of NRS to conduct such evaluations; or

     2.  A physician who is certified to conduct

such evaluations by the Board of Medical Examiners.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.039  “Notice of subgrant award” defined. (NRS 458.025)  “Notice

of subgrant award” means a written agreement signed by the Health Division and

an operator which specifies the amount of any funding awarded to a program of

the operator by the Health Division and any conditions on the funding which

must be satisfied for the program to remain eligible to receive the funding.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.043  “Operator” defined. (NRS 458.025)  “Operator”

means:

     1.  The owner of a private entity which

operates a program;

     2.  The governing body of a corporation which

operates a program;

     3.  The governing body of a nonprofit

organization which is responsible for a program, or a designee authorized by

the governing body in writing to be responsible for a program; or

     4.  A governmental entity which operates a

program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.045  “Participant” defined. (NRS 458.025)  “Participant”

means a person who receives or participates in a service provided by a

prevention program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.049  “Prevention program” defined. (NRS 458.025)  “Prevention

program” means a program that provides services, strategies and activities to

the general public and to persons who are at a high risk of having a

substance-related disorder which:

     1.  Are comprehensively structured to reduce

individual or environmental risk factors for substance-related disorders;

     2.  Increase resiliency to substance-related

disorders; and

     3.  Establish protections against

substance-related disorders.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.054  “Program” defined. (NRS 458.025)  “Program”

means any program certified by the Health Division to address substance-related

disorders, including, without limitation:

     1.  An administrative program;

     2.  A coalition program;

     3.  A drug court program;

     4.  An evaluation center program;

     5.  A prevention program; and

     6.  A treatment program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.063  “Service” defined. (NRS 458.025)  “Service”

means an activity that is:

     1.  Directed toward the prevention, intervention

or treatment of a substance-related disorder; and

     2.  Certified by the Health Division.

     (Added to NAC by Bur. of Alcohol and Drug Abuse by R100-98,

eff. 11-3-98; A by Bd. of Health by R120-04, 10-5-2004)

      NAC 458.065  “Staff” defined. (NRS 458.025)  “Staff”

means the:

     1.  Paid employees, including, without

limitation, paid employees hired on a temporary basis;

     2.  Volunteers;

     3.  Independent contractors; and

     4.  Consultants,

Ê of a program.

     (Added to NAC by Bur. of Alcohol and Drug Abuse by R100-98,

eff. 11-3-98; A by Bd. of Health by R120-04, 10-5-2004)

      NAC 458.069  “Substance-related disorder” defined. (NRS 458.025)  “Substance-related

disorder” has the meaning ascribed to it in the Diagnostic and Statistical

Manual of Mental Disorders, which is adopted by reference pursuant to NAC 458.095.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.077  “Treatment assessment” defined. (NRS 458.025)  “Treatment

assessment” means a thorough collection of data concerning a client, including,

without limitation, data concerning any life impairments of a client, to

determine:

     1.  The existence of a substance-related

disorder;

     2.  The appropriate services to be provided;

and

     3.  The appropriate plan of treatment based

on the criteria of the Health Division.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.079  “Treatment program” defined. (NRS 458.025)  “Treatment

program” means a program that provides services for the treatment of a

substance-related disorder in the manner set forth in the criteria of the

Health Division, including, without limitation:

     1.  Comprehensive evaluations;

     2.  Early intervention services;

     3.  Outpatient counseling;

     4.  Intensive outpatient counseling;

     5.  Residential treatment;

     6.  Transitional housing;

     7.  Residential detoxification;

     8.  Civil protective custody; and

     9.  Opioid maintenance therapy.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.087  “Volunteer” defined. (NRS 458.025)  “Volunteer”

means a person who, without compensation, provides a service or conducts a task

similar to a service or task provided by a member of the staff.

     (Added to NAC by Bur. of Alcohol and Drug Abuse by R100-98,

eff. 11-3-98; A by Bd. of Health by R120-04, 10-5-2004)—(Substituted in

revision for NAC 458.068)

      NAC 458.095  Adoption by reference of Diagnostic and Statistical Manual of

Mental Disorders. (NRS 458.025)  The

Health Division hereby adopts by reference the Diagnostic and Statistical

Manual of Mental Disorders, in the form most recently published by the

American Psychiatric Association. A copy of the manual may be obtained from the

American Psychiatric Association at 1000 Wilson Boulevard, Suite 1825,

Arlington, Virginia 22209-3901, at the Internet address http://www.psych.org

or by telephone at (800) 368-5777, for the price of $64, plus $9.95 for

shipping and handling.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

ALCOHOL AND DRUG ABUSE PROGRAMS

Certification of Programs

      NAC 458.103  Certification required to receive funding from Health Division. (NRS 458.025)  A

program must be certified by the Health Division to be eligible for any state

or federal money for alcohol and drug abuse programs administered by the Health

Division pursuant to chapter 458 of

NRS for the prevention or treatment of substance-related disorders.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.108  Applications for initial certification and recertification. (NRS 458.025)

     1.  An operator may apply for the initial

certification of a program by submitting to the Health Division:

     (a) A completed application for initial

certification on a form provided by the Health Division;

     (b) Documentation evidencing that the applicant is

in compliance with all applicable local, state and federal laws, regulations

and ordinances;

     (c) All names used by the applicant in its

operation of the program or practice of business;

     (d) A copy of the manual containing the policies

and procedures of the program;

     (e) A nonrefundable fee in the amount set forth in NAC 458.138; and

     (f) A copy of the policy of insurance evidencing

the insurance coverage required pursuant to NAC 458.173.

     2.  An operator may apply for recertification

of the program by submitting to the Health Division, within 90 days before the

expiration of the initial certification or any previous recertification:

     (a) A completed application for recertification on

a form provided by the Health Division;

     (b) Documentation evidencing that the applicant is

in compliance with all applicable local, state and federal laws, regulations

and ordinances;

     (c) All names used by the applicant in the

operation of the program or practice of business;

     (d) A copy of the manual containing the policies

and procedures of the program, including, without limitation, documentation

that:

          (1) Describes any changes to the manual which

was submitted with the initial application for certification or any previous

application for recertification and which were approved by the Health Division;

and

          (2) Specifies in writing whether the changes

were:

               (I) Made as a result of findings of the

Health Division, including, without limitation, findings made before the

expiration of the certification and findings made in any notice of revocation

of certification by the Health Division;

               (II) Made as a result of findings of an

agency or organization, other than an agency or organization owned or operated

by the operator; or

               (III) Initiated by the operator;

     (e) A nonrefundable fee in the amount set forth in NAC 458.138; and

     (f) A copy of the policy of insurance evidencing

the insurance coverage required pursuant to NAC 458.173.

     3.  If the certification of a program expires

without recertification in accordance with the requirements set forth in

subsection 2 and the operator wishes to certify the program, the operator must

apply for initial certification of the program in the manner set forth in

subsection 1.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.113  Duties of Health Division upon receipt of application; period of

certification. (NRS 458.025)

     1.  Upon receipt of a completed application

for initial certification or recertification of a program, the Health Division

shall:

     (a) Review the application;

     (b) Schedule and perform an inspection of the

program;

     (c) Review the services listed in the application

to ensure compliance with the criteria of the Health Division; and

     (d) Provide a written report of the findings of the

inspection to the applicant.

     2.  The Health Division shall return any

incomplete application to the applicant.

     3.  If the Health Division finds that the

program is in compliance with the requirements set forth in this chapter, the

Health Division must issue a written initial certification or recertification

of the program.

     4.  The Health Division may issue an initial

certification or recertification of a program for a period not to exceed 2

years. The Health Division shall determine the period of each initial

certification or recertification based upon the criteria for the length of

certification set forth in the criteria of the Health Division.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.118  Criteria for certification and receipt of funding; amendment of

criteria. (NRS

458.025)

     1.  Except as otherwise provided in

subsection 5, the Health Division may only certify and provide funding for

programs that provide services in accordance with the criteria of the Health

Division.

     2.  The Health Division may amend the

criteria of the Health Division if:

     (a) The staff of the Bureau submits a written

proposed amendment to the Health Division to change the criteria of the Health

Division based upon:

          (1) A review by the staff of the Bureau of any

changes made to:

               (I) Any nationally recognized criteria

for the prevention or treatment of substance-related disorders; and

               (II) The requirements for federal funding

of programs; or

          (2) A request by the Advisory Board or any

member of a provider group or the public for a change to the criteria of the

Health Division;

     (b) The proposed amendment is placed on the agenda

for the next scheduled meeting of the Advisory Board and heard in accordance

with the requirements for meetings of state and local agencies set forth in chapter 241 of NRS;

     (c) The Advisory Board approves the amendment

proposed by the staff of the Bureau and recommends to the Administrator that he

or she amend the criteria of the Health Division; and

     (d) The Administrator approves the amendment

recommended by the Advisory Board.

     3.  The staff of the Bureau shall send notice

of a meeting of the Advisory Board to hear an amendment to the criteria of the

Health Division to each known alcohol and drug abuse program which operates in

this State for the prevention or treatment of substance-related disorders and

to each person or organization requesting such notification.

     4.  If the Administrator of the Health

Division approves any changes to the criteria of the Health Division, the

changes must be:

     (a) Published in the Administrative Manual

of the Bureau;

     (b) Posted on the Internet at http://health2k.state.nv.us/BADA/; and

     (c) Mailed to each certified alcohol and drug abuse

program which operates in this State for the prevention or treatment of

substance-related disorders.

     5.  If the Health Division amends the

criteria of the Health Division in accordance with this section before an

operator is required to recertify a program, the Health Division shall not

require the operator to recertify the program to comply with the amended

criteria of the Health Division before the date required for recertification of

the program. The Health Division may require the operator to:

     (a) Revise the policies and procedures of the

program to comply with the amended criteria of the Health Division before the

operator is required to recertify the program; and

     (b) Submit to the Health Division a copy of the

manual containing the revised policies and procedures.

     6.  As used in this section, “Advisory Board”

means the board created by the Administrator to advise the Bureau.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.123  Notifications regarding changes affecting certification. (NRS 458.025)  An

operator shall notify the Health Division of any anticipated change which will

affect the certification of the program not later than 90 days before the

change will occur or as soon as the operator is aware of the change if the

operator is not aware of the change at least 90 days before the change will

occur. The Health Division shall notify the operator of any actions the

operator must take to maintain the certification of the program or whether the

operator will be required to apply for a new certification as a result of the

change.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.128  Addition of new service during period of certification. (NRS 458.025)

     1.  If, during the period of certification of

a program, the operator wishes to provide a service that was not listed in the

application for initial certification or recertification, the operator must

submit to the Health Division:

     (a) A completed application for the addition of a

new service on a form provided by the Health Division;

     (b) A copy of the manual containing the policies

and procedures of the program, including, without limitation, a description of

the operations of each new service and the procedures relating to each new

service; and

     (c) A nonrefundable fee in the amount set forth in NAC 458.138 for each new service at each geographic

location at which the service will be provided.

     2.  The Health Division may revise the

certificate of the program to include the new service for a period not to

exceed the time remaining in the period of certification established by the

Health Division pursuant to subsection 4 of NAC 458.113.

     3.  If the operator wishes to continue the certification

of the program with the new service after the period of certification, the

operator must submit an application for recertification in accordance with the

requirements set forth in subsection 2 of NAC 458.108

to maintain certification of the program with the new service. The Health

Division shall determine the period of the recertification based upon the

criteria for the length of certification set forth in the criteria of the Health

Division.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.133  Transferability of certification. (NRS 458.025)  The

certification of a program is not transferable and may not be used for any

other program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.138  Fees of Health Division. (NRS 458.025)  The

Health Division shall charge and collect nonrefundable fees for the initial

certification and recertification of programs and services in accordance with

the following schedule:

 



     For

each administrative program..................................................................................





              $100







     For

each coalition program...........................................................................................





                100







     For

each drug court program at each geographic location at which the drug court

program will be provided........................................................................................





                100







     For

each evaluation center program.............................................................................





                100







     For

each prevention program.......................................................................................





                100







     For

each service provided by a treatment program at each geographic location at

which the service will be provided..........................................................................





                100







     For

each service to be added to a program at each geographic location at which

the service will be provided..........................................................................................





                100





 

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Operators and Staff of Programs

      NAC 458.153  Operators: General requirements and duties. (NRS 458.025)

     1.  A program must have a specified operator

who is responsible for the program. The operator may designate another

responsible party to implement and supervise the responsibilities of the

operator pursuant to this chapter. The operator remains responsible for any

actions of his or her designee.

     2.  If the program is operated by a

corporation, the governing body of the corporation must be the operator. The

governing body shall:

     (a) Adopt written bylaws or policies that define

any reimbursement to be provided to its members and the powers and duties of

the governing body and its committees;

     (b) Meet at least quarterly and keep written minutes

that indicate:

          (1) The date of the meeting;

          (2) The names of the persons present at the

meeting;

          (3) Any decisions made by the governing body

at the meeting; and

          (4) Any other actions taken by the governing

body at the meeting; and

     (c) Make available for review by the Health

Division the minutes of meetings, the articles of incorporation and the bylaws

of the governing body.

     3.  An operator shall:

     (a) Develop and maintain a manual containing the

policies and procedures of the program which meets the requirements set forth

in NAC 458.158;

     (b) Review and approve any changes to the manual

containing the policies and procedures of the program;

     (c) Comply with the provisions of the manual

containing the policies and procedures of the program in operating the program;

     (d) Make a copy of the manual containing the

policies and procedures of the program available for review to any person who

requests to review it;

     (e) Notify the Health Division within 24 hours

after the occurrence of an incident that may cause imminent danger to the

health or safety of the clients, participants or staff of the program, or a

visitor to the program;

     (f) Submit for review and approval by the Health

Division a plan for improving the quality of the services provided by the

program and for ensuring that the integrity of the program will be maintained;

     (g) After the Health Division approves the plan

submitted pursuant to paragraph (f), implement the plan;

     (h) Maintain all licensure and certifications

required by the Health Division and comply with all local, state and federal

laws, regulations and ordinances;

     (i) Document that paid staff are on the premises

where the program is providing services at all times when a client or

participant is present on the premises;

     (j) Post a plan for evacuation of the premises

where a program is providing services in a place where the plan can be easily

viewed by clients, participants and staff; and

     (k) If the operator receives a report from a

governmental agency or certifying agency relating to the program, the physical

plant on the premises where the program is providing services or the operations

of the program, provide a copy of the report to the Health Division not more

than 30 days after the operator receives the report.

     4.  The Health Division shall report any

known violation of any local, state or federal law, regulation or ordinance by

an operator to the appropriate regulatory agencies which govern the licensure

or certification of the program and to the appropriate agencies responsible for

investigating the violation.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.158  Operators: Manual of policies, procedures and services. (NRS 458.025)  An

operator shall maintain a manual containing the policies and procedures of the

program and the services to be provided by the program, including, without

limitation, the policies and procedures:

     1.  To be followed in the event of a medical

emergency.

     2.  For the registration and disposition of

complaints by clients, participants and staff and the right to appeal without

threat of reprisal.

     3.  For the staff, including, without

limitation, an accurate job description for each position held by an employee

of the program that describes:

     (a) The title of the position;

     (b) The duties and responsibilities of the

position; and

     (c) The qualifications for the position.

     4.  To be used by the operator to:

     (a) Claim funds or bill for services;

     (b) Receive and record funds;

     (c) Record expenditures;

     (d) Prepare financial reports;

     (e) Maintain information for the support of claims

for funds or to bill for services; and

     (f) Implement internal controls and audits, as

necessary.

     5.  To be used to maintain financial records

of clients or participants when a client or participant is billed for services.

The policies and procedures must include, without limitation, requirements that

an operator shall:

     (a) Inform prospective clients and participants of

financial arrangements concerning a service before providing the service;

     (b) Maintain accurate records of:

          (1) Any fees charged to a client or

participant; and

          (2) Any payments made by a client or

participant; and

     (c) Make the records required pursuant to paragraph

(b) available to the client or participant for review upon request.

     6.  To be followed to meet the requirements

set forth in this section and NAC 458.163 to 458.177, inclusive.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.163  Operators:

Responsibilities concerning confidentiality and recordkeeping. (NRS 458.025, 458.055)  An

operator shall ensure that:

     1.  The program complies with all applicable

confidentiality and recordkeeping provisions set forth in 42 C.F.R. Part 2, 45

C.F.R. Parts 160, 162 and 164, NRS

458.055 and any other applicable confidentiality laws pertaining to the

services provided by the program. In the event of a conflict in the confidentiality

requirements set forth in 42 C.F.R. Part 2, 45 C.F.R. Parts 160, 162 and 164, NRS 458.055 and any other

applicable confidentiality laws, the more restrictive law will apply.

     2.  A client or participant provides separate

and explicit consent to allow the operator or a designee thereof to release

information which identifies the client or participant and his or her human

immunodeficiency virus seropositive status.

     3.  The program allows a consultant to have

access to confidential information concerning clients or participants only if

the confidentiality agreements required by 42 C.F.R. Part 2 and 45 C.F.R. Parts

160, 162 and 164 are satisfied. Such agreements must be maintained in the

personnel file of the consultant.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.168  Operators: Records regarding members of staff. (NRS 458.025, 458.055)

     1.  An operator must establish a system for

maintaining the records of the members of the staff which:

     (a) Maintains the confidentiality and safekeeping

of the records.

     (b) Contains the application or resume of each

member of the staff, any employment contract signed by a member of the staff and

the operator or a designee thereof, and any document containing the job

performance standards which is signed by a member of the staff and the operator

or the designee.

     (c) Includes, for each member of the staff who

serves clients who are under 16 years of age, documentation of the results of

an inquiry made pursuant to NRS

179A.180 to 179A.240,

inclusive.

     (d) Includes a copy of the certification,

registration or license of each member of the staff who provides treatment or

another service requiring certification, registration or licensure of the

member of the staff.

     (e) Includes copies of documentation of any

disciplinary action taken against a member of the staff.

     (f) Includes a verification signed by each member

of the staff indicating that the member of the staff has participated in a

course of orientation regarding the policies and procedures which govern the

service that the member of the staff provides.

     (g) Includes copies of certificates of any training

completed by each member of the staff.

     (h) Includes, for each member of the staff who is

not a citizen of the United States, a copy of Form I-9, Employment Eligibility

Verification, of the United States Citizenship and Immigration Services of the

Department of Homeland Security, which verifies that the member of the staff is

lawfully entitled to remain and work in the United States.

     (i) Includes a copy of any report of criminal

history that is obtained pursuant to NRS 641C.260 or 641C.530 for each member of the

staff working with any person who is less than 18 years of age.

     2.  If a record of a member of the staff

includes an employment contract or a document containing job performance

standards, the contract or standards must clearly specify the nature and amount

of the service to be provided by the member of the staff.

     3.  A record of a member of the staff must be

made available only to the member of the staff upon submission of a request to

review the records and to persons who are:

     (a) Authorized by the policies and procedures of

the program;

     (b) Inspecting the program; and

     (c) Authorized by the member of the staff.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.173  Operators: Liability insurance. (NRS 458.025)  An

operator shall ensure that the program is insured:

     1.  For liability in an amount sufficient to

protect the clients, participants and staff of the program, and the visitors to

the program. The operator shall submit a copy of the policy of insurance to the

Health Division with any application for initial certification or

recertification. The policy of insurance must provide that notice be given to

the Health Division not later than 30 days after cancellation of the policy or

after an operator does not renew the policy. Upon request, an operator shall

make a copy of the policy of insurance available to the Health Division for

review.

     2.  For all liabilities arising out of the

acts or omissions of a consultant while providing a service for the program.

The insurance may be provided by the program or the consultant. If the

insurance is provided by the consultant, the operator must obtain a copy of the

policy and place the copy in the personnel file of the consultant.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.177  Operators and staff: General ethical requirements. (NRS 458.025)

     1.  An operator and the staff shall not

knowingly provide false information to the Health Division or a representative

of the Health Division.

     2.  An operator and the staff shall use

information that is generally accepted in the field of prevention or treatment

of substance-related disorders.

     3.  An operator shall supervise the staff to

ensure that a member of the staff does not:

     (a) Become impaired in his or her ability to

perform services; or

     (b) Perform activities which are unauthorized by

his or her licensure or certification.

     4.  An operator shall not allow a client or

participant to grant power of attorney to the operator or a member of the

staff.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.183  Operators and staff: Responsibilities concerning clients and

participants. (NRS

458.025)  An

operator and the staff shall:

     1.  Upon the request of a client or

participant, assist the client or participant in reporting any violation of any

licensure or certification standard or requirement, or any violation of any law

or regulation to the appropriate board or agency.

     2.  Act in the best interest of a client or

participant.

     3.  Terminate the provision of a service to a

client or participant if it is reasonably clear that the client or participant

is not benefiting from the service.

     4.  Not give or receive any commission or any

other form of remuneration for the referral of a client or participant from the

entity to which the client or participant is referred.

     5.  Not use his or her relationship with a

client or participant to promote his or her personal gain or profit.

     6.  Not enter into, or attempt to enter into,

a financial relationship that is unrelated to services performed by the program

with a current client or participant or a former client or participant, as

required by the licensure or certification board of the operator or the member

of the staff and for unlicensed or uncertified operators or staff, for at least

2 years after the client or participant is discharged from the program.

     7.  Enable all persons, regardless of ability

to pay, especially persons with low or no income, to have access to necessary

resources and services related to the prevention or treatment of a

substance-related disorder.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Information and Referral Services

      NAC 458.193  General requirements. (NRS 458.025)  An

organization which provides information and referral services to persons with

substance-related disorders must operate 24 hours each day and provide such

persons with information regarding prevention programs and treatment programs

for substance-related disorders. The organization shall maintain an updated

record of all available prevention programs and treatment programs to provide

specific information or referral services to assist persons with

substance-related disorders.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Coalition Programs

      NAC 458.203  Duties of operator. (NRS 458.025)  The

operator of a coalition program shall:

     1.  Ensure that the governing body of the

nonprofit organization which operates the coalition program meets at least

quarterly, keeps minutes of the meetings and makes copies of the minutes

available for review by the Health Division upon request.

     2.  Ensure that the nonprofit organization

which operates the coalition program is comprised of individuals, organizations

and agencies which broadly represent the community to be served by the

coalition program.

     3.  At the request of the Health Division,

develop a written comprehensive plan for the prevention of substance-related

disorders in the community based upon:

     (a) An assessment of the risk factors and

protective factors in the community;

     (b) An assessment of the resources available in the

community to address the need for the prevention of substance-related

disorders;

     (c) Research concerning the prevention of

substance-related disorders; and

     (d) Any evidence-based programs which target risk

factors and protective factors of substance-related disorders.

     4.  Make a good faith effort to include all

providers of services relating to the prevention of substance-related disorders

in:

     (a) Conducting the assessment of the risk factors,

protective factors and resources available in the community; and

     (b) Developing and writing the comprehensive plan

for the prevention of substance-related disorders in the community.

     5.  Submit all reports to the Health Division

as may be required by the Health Division.

     6.  Ensure that all records of the coalition

program are kept for at least 4 years, including, without limitation, fiscal

records, information reported to the Health Division, records which

substantiate any information reported to the Health Division and records which

substantiate any claims for funds from the Health Division.

     7.  Meet all requirements as specified by the

Health Division in the notice of subgrant award.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Administrative Programs

      NAC 458.213  Duties of operator; funding. (NRS 458.025)

     1.  The operator of an administrative program

shall:

     (a) Submit a request for funding to the Health

Division to provide a service in the support of the prevention or treatment of

a substance-related disorder.

     (b) Meet all the requirements as specified by the

Health Division in the notice of subgrant award.

     (c) Keep all records required by the Health

Division, and any documents to support those records, for at least 6 years

after the end of the year in which a grant was awarded to the administrative

program.

     2.  The Health Division shall group the

requests for funding received pursuant to subsection 1 based on the services to

be provided and determine which administrative program will be awarded money

based on a competitive bidding process.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Prevention Programs

      NAC 458.223  Purpose and scope of program. (NRS 458.025)  The

operator of a prevention program shall ensure that the prevention program

operates to prevent the initial onset of a substance-related disorder and to

eliminate or reduce the harmful effects of alcohol, tobacco and other drugs in

individuals, families and communities. The operator of a prevention program may

direct the activities of the prevention program toward specific individuals,

selected communities or the general public.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.228  Duties of operator. (NRS 458.025, 458.055)  The

operator of a prevention program shall:

     1.  Submit to the Health Division a written

statement signed by the operator of the prevention program assuring the Health

Division that the prevention program promotes the message to minors not to use

alcohol, tobacco or other drugs.

     2.  To satisfy federal requirements for the

evaluation of a prevention program, include a requirement in the manual

containing the policies and procedures of the prevention program that a minor

and the parent or guardian of the minor wishing to participate in the

prevention program must comply with the criteria of the Health Division

regarding consent to participate in a prevention program.

     3.  If the prevention program includes an

evaluation of the prevention program by the participants, maintain

documentation that the operator made a good faith effort to obtain the consent

required pursuant to subsection 2.

     4.  Maintain documentation of the consent

required pursuant to subsection 2 and make the documentation available to the

staff of the Health Division upon request.

     5.  If the prevention program is directed at

a specific community:

     (a) Participate with any coalition program in that

community which is funded by the Health Division to develop a comprehensive

plan for the prevention of substance-related disorders in that community.

     (b) Submit quarterly reports to the Health Division

which outline:

          (1) Specific activities of the prevention program

with the coalition program; and

          (2) How the services of the prevention

program:

               (I) Adhere to the goals and objectives of

the comprehensive plan for the prevention of substance-related disorders;

               (II) Maintain fidelity to the appropriate

evidence-based practices; and

               (III) Satisfy the goals of federal and

state alcohol and drug abuse programs for the prevention or treatment of

substance-related disorders.

     6.  Include in the manual containing the

policies and procedures of the prevention program procedures for the staff to

follow concerning the physical and computer records of a participant,

including, without limitation, policies and procedures for:

     (a) Preventing the release of information

concerning the participant without a signed consent form from the participant

for the release of the information;

     (b) The conditions for release of information that

would occur pursuant to 42 C.F.R. Part 2 and 45 C.F.R. Parts 160, 162 and 164;

     (c) Maintaining the records at the place of

business of the operator or at a site designated by the operator working with

an agency which has contracted with the Health Division to maintain the

records; and

     (d) Maintaining physical records in a locked

facility and computer records in a system which allows access to only those

persons authorized by the operator.

     7.  Ensure that all records of the prevention

program are kept for at least 4 years, including, without limitation, staff

records, participant records, fiscal records, information reported to the

Health Division, records which substantiate any information reported to the

Health Division and records which substantiate any claims for funds from the

Health Division.

     8.  If the operator is providing a service

directed at specific participants, prepare records of the service, including,

without limitation, records of attendance which include the date the service

was provided, the name of each participant, the name and signature of the

person who conducted the service and the location at which the service was provided.

     9.  Ensure that the staff are aware and

knowledgeable of the theories, goals and methodologies used to successfully

carry out the prevention program and the services of the program.

     10.  In accordance with the criteria of the

Health Division, include in the manual containing the policies and procedures

of the prevention program a written process for evaluating the outcomes of the

program and for participating in an evaluation of the program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Treatment Programs

      NAC 458.241  Manual of policies and procedures. (NRS 458.025, 458.055)  The

operator of a treatment program shall maintain a manual containing the policies

and procedures of the treatment program which includes, without limitation, the

policies and procedures required pursuant to NAC 458.158,

and policies and procedures:

     1.  Concerning the control of infections,

including, without limitation, communicable diseases, and concerning universal

precautions against bloodborne pathogens.

     2.  Describing the manner in which the

treatment program will satisfy the requirements set forth in NAC 458.246 and 458.272.

     3.  For releasing information about a client

which satisfies the requirements set forth in 42 C.F.R. Part 2 and 45 C.F.R.

Parts 160, 162 and 164 and which reveals:

     (a) That the client has abused or neglected a child

or an elderly person;

     (b) That the client presents a danger to other

people;

     (c) That the client has a communicable disease; or

     (d) The identity of the client and his or her human

immunodeficiency virus seropositive status.

     4.  Describing the criteria which the

treatment program will use to satisfy and comply with the criteria of the

Health Division for admission, continued stay and discharge.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.246  Provision of services to clients. (NRS 458.025)  The

operator of a treatment program shall:

     1.  Perform an assessment of each client or

obtain the most recent assessment of the client which is found to be sufficient

to:

     (a) Make a complete identification of any problems

concerning the substance-related disorder of the client; and

     (b) Determine the appropriate level of service for

the client pursuant to the criteria of the Health Division.

     2.  Identify the staff which provide the

services set forth in subsection 1 and require such staff to develop a plan of

treatment, not including detoxification, on or before the third contact of the

client with the program or on or before the third day on which the client

receives services from the program, whichever occurs first. For the purposes of

this subsection, any contact that a client has with the program for the sole

purpose of receiving medication does not constitute contact or receiving

services. The plan of treatment must specify:

     (a) Behavioral objectives to be achieved by the

client in response to the problems identified by the treatment assessment;

     (b) The services to be provided by the staff to

facilitate the client in attaining the objectives of the plan; and

     (c) The member of the staff who is responsible for

ensuring that the services specified pursuant to paragraph (b) are provided and

that the client attains the objectives of the plan.

     3.  Review and

revise the plan of treatment of a client:

     (a) If the client is receiving outpatient treatment

services, whenever the condition of the client changes over the course of

treatment or every 30 days, whichever occurs first; and

     (b) If the client is receiving residential

treatment services, whenever the condition of the client changes over the

course of treatment or every 14 days, whichever occurs first.

     4.  Provide the appropriate level of services

determined pursuant to paragraph (b) of subsection 1 or refer the client to

services which are the appropriate level and are otherwise available in the

community.

     5.  Provide, when appropriate, a referral to,

and coordination of care with, an employee assistance program or any other

provider of a service related to the treatment of a substance-related disorder

to address any identified problems of a client which cannot be resolved by a

service provided by the treatment program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.252  Assessments for substance-related disorders and mental health

disorders. (NRS

458.025)  The

operator of a treatment program which provides an assessment for

substance-related disorders and mental health disorders shall:

     1.  Require that such an assessment be

conducted by:

     (a) One person who is both:

          (1) Licensed or certified as an alcohol and

drug abuse counselor pursuant to chapter

641C of NRS, or the intern of such a counselor; and

          (2) A mental health professional, or the

intern of such a professional, who is licensed as a psychologist pursuant to chapter 641 of NRS, a marriage and family

therapist pursuant to chapter 641A

of NRS or a clinical social worker pursuant to chapter 641B of NRS, or who is a

medical physician with a certification in addiction medicine from a nationally

accepted board; or

     (b) Two persons:

          (1) One of whom is licensed or certified as an

alcohol and drug abuse counselor pursuant to chapter 641C of NRS, or the intern of

such a counselor; and

          (2) The other of whom is a mental health

professional, or the intern of such a professional, who is licensed as a

psychologist pursuant to chapter 641

of NRS, a marriage and family therapist pursuant to chapter 641A of NRS or a clinical

social worker pursuant to chapter 641B

of NRS, or who is a medical physician with a certification in addiction

medicine from a nationally accepted board.

     2.  Determine whether the person being

assessed has a co-occurring substance-related and mental health disorder and,

if so, determine the appropriate treatment for the disorders.

     3.  Provide a comprehensive written report

concerning such an assessment which includes, without limitation, the findings

of each person who conducted the assessment.

     4.  If such an assessment is conducted by an

intern, require that the assessment be supervised and reviewed by the

appropriate licensed or certified alcohol and drug abuse counselor or mental

health professional who is licensed as a psychologist pursuant to chapter 641 of NRS, a marriage and family

therapist pursuant to chapter 641A

of NRS or a clinical social worker pursuant to chapter 641B of NRS, or who is a

medical physician with a certification in addiction medicine from a nationally

accepted board.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.257  Provision of opioid maintenance therapy services. (NRS 458.025)  A

treatment program which provides opioid maintenance therapy services must be

certified to provide services for outpatients and ambulatory detoxification

services. The facility at which the treatment program provides opioid

maintenance therapy services must be licensed by the Health Division as a

facility for treatment with narcotics pursuant to NAC 449.154 to 449.15485, inclusive.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.262  Provision of counseling for groups. (NRS 458.025)  If a

treatment program provides counseling for groups, the operator shall ensure

that any session for counseling for a group includes not more than 15 clients.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.267  Policies and procedures for provision of services using system of

telecommunications. (NRS 458.025, 458.055)  The

operator of a treatment program which offers services using a system of

telecommunications shall submit the policies and procedures for the operation

of the system to the Health Division for approval. The policies and procedures

must provide for:

     1.  The confidentiality of the setting for

clients and information concerning clients;

     2.  Actions the program will take in case of

an emergency involving a client; and

     3.  The manner in which the dignity of

clients will be maintained.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.272  Records regarding clients. (NRS 458.025, 458.055)  The

operator of a treatment program shall:

     1.  Ensure that a record is maintained for

each client. The record must include:

     (a) The name, age, gender, race, ethnicity and

permanent address of the client.

     (b) If services are funded by the Health Division,

an evaluation of the financial status of the client sufficient to determine

eligibility for such services.

     (c) A statement from the client, signed within 24

hours after intake or upon enrollment in the treatment program, explaining that

he or she is seeking service, unless the client is being provided a service

related to civil protective custody.

     (d) A consent form for treatment services signed by

the client or the parent or guardian of the client within 24 hours after intake

or upon enrollment in the treatment program, unless the client is being

provided a service related to civil protective custody.

     (e) Any consent to release information which

satisfies the requirements set forth in 42 C.F.R. Part 2 and 45 C.F.R. Parts

160, 162 and 164.

     (f) The source of any referral to the treatment

program.

     (g) Documentation of the treatment assessment

performed by the operator or obtained by the operator pursuant to subsection 1

of NAC 458.246.

     (h) The history of treatment of the client.

     (i) Any sources of psychosocial stress affecting

the client.

     (j) The original plan of care for the client and

all revisions to the plan of care.

     (k) Any additional information that should be taken

into consideration during the planning of treatment, determination of

appropriate referrals and determination of any need for coordination of care.

     (l) Documentation of and justification for any

referral to appropriate services pursuant to the criteria of the Health

Division and any resulting coordination of care.

     (m) Documentation of any discussion with the client

concerning the results of the treatment assessment, appropriate referrals and any

barriers to treatment.

     (n) The date, type and duration of any contact with

the client, and any services provided to the client.

     (o) Documentation of any:

          (1) Incident that may cause imminent danger to

the health and safety of the client, other clients or staff, or persons outside

the treatment program;

          (2) Problem involving the client;

          (3) Infraction of the rules of the treatment

program by the client; and

          (4) Sign or symptom of illness or injury of

the client.

     (p) Documentation in support of services that the

treatment program provides to the client, including, without limitation, any:

          (1) Correspondence

concerning the client; and

          (2) Results of a test conducted on the client,

including, without limitation, any test conducted by a laboratory.

     (q) If the treatment program administers or

dispenses medication to the client or makes medication available to the client

to administer to himself or herself, documentation of all actions taken to

comply with the requirements set forth in NAC

449.144.

     (r) If the client is transferred to a different

location or provided a different service, including a service provided by the

same operator, a copy of the case note made at the time of transfer which

includes, without limitation:

          (1) Diagnosis of the client at the time of

admission or intake;

          (2) The response of the client to treatment;

          (3) Diagnosis of the client at the time of

transfer; and

          (4) Recommendations for persons who will be

providing treatment to the client.

     (s) After the client is discharged from the

treatment program:

          (1) Documentation that a copy of the plan for

continuing care of the client, including, without limitation, any referrals

given to the client, was provided to the client before discharge, if possible;

and

          (2) Documentation that, not more than 5

business days after the client was discharged from the treatment program, a

summary was completed which meets the criteria of the Health Division for the

discharge of a client.

     (t) A copy of the notification, which is in the

form approved by the Health Division and which was signed by the client,

indicating:

          (1) The procedure for the client to register a

complaint and to appeal a decision by the treatment program concerning a

complaint;

          (2) The requirements for the confidentiality

of client information set forth in 42 C.F.R. Part 2, 45 C.F.R. Parts 160, 162

and 164 and any other applicable federal or state laws governing the

confidentiality of client information for the service provided; and

          (3) Any other rights of the client that are

specified by the Health Division.

     (u) Documentation to support any claims for

services or data reported to the Health Division.

     2.  Ensure that each client receives a copy of

the notification required pursuant to paragraph (t) of subsection 1.

     3.  Ensure that the client records adhere to

procedures for medical records.

     4.  Ensure that the case notes for each

client accurately reflect the treatment and services needed by the client, as

identified in the assessment and plan of treatment required pursuant to NAC 458.246.

     5.  Ensure that the staff readily has access

to the client records to the extent authorized pursuant to 42 C.F.R. Part 2 and

45 C.F.R. Parts 160, 162 and 164.

     6.  Maintain a system for the maintenance and

protection of client information which satisfies the requirements set forth in

42 C.F.R. Part 2 and 45 C.F.R. Parts 160, 162 and 164, including, without

limitation, requirements for:

     (a) Adequate provisions to prevent unauthorized

access or theft of any form of a record of a client;

     (b) The locked storage of paper records;

     (c) Adequate provisions for a system of backup of

records maintained in a computer system in case of a failure of the primary

system;

     (d) Retention of the records of each client for not

less than 6 years after the client is discharged from the treatment program, to

be made available as required pursuant to 45 C.F.R. Parts 160, 162 and 164; and

     (e) Appropriate methods to destroy records of

clients as required by federal regulation.

     7.  Ensure that each client has access to

their records as required pursuant to 42 C.F.R. Part 2 and 45 C.F.R. Parts 160,

162 and 164.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Drug Court Programs

      NAC 458.291  Manual of policies and procedures. (NRS 458.025, 458.055)  The

operator of a drug court program shall maintain a manual containing the

policies and procedures of the drug court program which includes, without

limitation, the policies and procedures required pursuant to NAC 458.158, and policies and procedures:

     1.  Concerning the control of infections,

including, without limitation, communicable diseases, and concerning universal

precautions against bloodborne pathogens.

     2.  Describing the manner in which the drug

court program will satisfy the requirements set forth in NAC

458.296 and 458.306.

     3.  For releasing information about a client

which satisfies the requirements set forth in 42 C.F.R. Part 2 and 45 C.F.R.

Parts 160, 162 and 164 and which reveals:

     (a) That the client has abused or neglected a child

or an elderly person;

     (b) That the client presents a danger to other

people;

     (c) That the client has a communicable disease; or

     (d) The identity of the client and his or her human

immunodeficiency virus seropositive status.

     4.  Describing the criteria which the drug

court program will use to satisfy and comply with the criteria of the Health

Division for admission, continued stay and discharge.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.296  Assessments of clients. (NRS 458.025)  The

operator of a drug court program shall perform an assessment of each client or

obtain the most recent assessment which is found to be sufficient to:

     1.  Make a complete identification of any

problems related to the substance-related disorder of the client; and

     2.  Determine the appropriate level of

service for the client pursuant to the criteria of the Health Division.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.301  Provision of counseling for groups. (NRS 458.025)  If a

drug court program provides counseling for groups, the operator shall ensure

that any session for counseling for a group includes not more than 15 clients.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.306  Records regarding clients. (NRS 458.025, 458.055)  The

operator of a drug court program shall:

     1.  Ensure that a record is maintained for

each client. The record must include:

     (a) The name, age, gender, race, ethnicity and

permanent address of the client.

     (b) If services are funded by the Health Division,

an evaluation of the financial status of the client sufficient to determine

eligibility for such services.

     (c) A statement from the client, signed upon intake

or enrollment in the drug court program, explaining that he or she is seeking

service, unless the client is being provided a service related to civil

protective custody.

     (d) A consent form for treatment services signed by

the client or the parent or guardian of the client upon intake or enrollment in

the drug court program, unless the client is being provided a service related

to civil protective custody.

     (e) Any consent to release information which

satisfies the requirements set forth in 42 C.F.R. Part 2 and 45 C.F.R. Parts

160, 162 and 164.

     (f) The source of any referral to the drug court

which referred the client to the drug court program.

     (g) Documentation of the assessment performed by

the operator or obtained by the operator pursuant to NAC

458.296.

     (h) The history of treatment of the client.

     (i) Any sources of psychosocial stress affecting

the client.

     (j) Any additional information that should be taken

into consideration during the planning of treatment, determination of

appropriate referrals and determination of any need for coordination of care.

     (k) Documentation of and justification for any

referral to appropriate services pursuant to the criteria of the Health

Division and any resulting coordination of care.

     (l) Documentation of any discussion with the client

concerning the results of the treatment assessment, appropriate referrals and

any barriers to treatment.

     (m) The date, type and duration of any contact with

the client, and any services provided to the client.

     (n) Documentation of any:

          (1) Incident that may cause imminent danger to

the health and safety of the client, other clients or staff, or persons outside

the drug court program;

          (2) Problem involving the client; and

          (3) Sign or symptom of illness or injury of

the client.

     (o) Documentation in support of services that the

drug court program provides to the client, including, without limitation, any:

          (1) Correspondence concerning the client; and

          (2) Results of a test conducted on the client,

including, without limitation, any test conducted by a laboratory.

     (p) A copy of the notification, which is in the

form approved by the Health Division and which was signed by the client,

indicating:

          (1) The procedure for the client to register a

complaint and to appeal a decision by the drug court program concerning a complaint;

          (2) The requirements for the confidentiality

of client information set forth in 42 C.F.R. Part 2, 45 C.F.R. Parts 160, 162

and 164 and any other applicable federal or state laws governing the

confidentiality of client information for the service provided; and

          (3) Any other rights of the client that are

specified by the Health Division.

     (q) Documentation to support any claims for

services or data reported to the Health Division.

     2.  Ensure that each client receives a copy

of the notification required pursuant to paragraph (p) of subsection 1.

     3.  Ensure that the client records adhere to

procedures for medical records.

     4.  Ensure that the case notes for each

client accurately reflect the treatment and services needed by the client, as

identified in the assessment required pursuant to NAC

458.296.

     5.  Ensure that the staff readily has access

to the client records to the extent authorized pursuant to 42 C.F.R. Part 2 and

45 C.F.R. Parts 160, 162 and 164.

     6.  Maintain a system for the maintenance and

protection of client information which satisfies the requirements set forth in

42 C.F.R. Part 2 and 45 C.F.R. Parts 160, 162 and 164, including, without

limitation, requirements for:

     (a) Adequate provisions to prevent unauthorized

access or theft of any form of a record of a client;

     (b) The locked storage of paper records;

     (c) Adequate provisions for a system of backup of

records maintained in a computer system in case of a failure of the primary

system;

     (d) Retention of the records of each client for not

less than 6 years after the client is discharged from the drug court program,

to be made available as required pursuant to 45 C.F.R. Parts 160, 162 and 164;

and

     (e) Appropriate methods to destroy records of

clients as required by federal regulation.

     7.  Ensure that each client has access to

their records as required pursuant to 42 C.F.R. Part 2 and 45 C.F.R. Parts 160,

162 and 164.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Evaluation Center Programs

      NAC 458.321  Manual of policies and procedures. (NRS 458.025, 458.055, 484C.310)  The

operator of an evaluation center program shall maintain a manual containing the

policies and procedures of the evaluation center program which includes,

without limitation, the policies and procedures required pursuant to NAC 458.158, and policies and procedures:

     1.  Concerning the control of infections,

including, without limitation, communicable diseases, and concerning universal

precautions against bloodborne pathogens.

     2.  Describing the manner in which the

evaluation center program will satisfy the requirements set forth in NAC 458.326 and 458.331.

     3.  For releasing information about a client

which satisfies the requirements set forth in 42 C.F.R. Part 2 and 45 C.F.R.

Parts 160, 162 and 164 and which reveals:

     (a) That the client has abused or neglected a child

or an elderly person;

     (b) That the client presents a danger to other

people;

     (c) That the client has a communicable disease; or

     (d) The identity of the client and his or her human

immunodeficiency virus seropositive status.

     4.  Describing the criteria which the

evaluation center program will use to satisfy and comply with the criteria of

the Health Division for admission, continued stay and discharge.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.326  Assessments of clients. (NRS 458.025, 484C.310)  The

operator of an evaluation center program shall perform an assessment of each

client or obtain the most recent assessment which is found to be sufficient to:

     1.  Make a complete identification of any

problems related to the substance-related disorder of the client; and

     2.  Determine the appropriate level of

service for the client pursuant to the criteria of the Health Division.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.331  Records regarding clients. (NRS 458.025, 458.055, 484C.310)  The

operator of an evaluation center program shall:

     1.  Ensure that a record is maintained for

each client. The record must include:

     (a) The name, age, gender, race, ethnicity and

permanent address of the client.

     (b) If services are funded by the Health Division,

an evaluation of the financial status of the client sufficient to determine

eligibility for such services.

     (c) A statement from the client, signed upon intake

or enrollment in the evaluation center program, explaining that he or she is

seeking service, unless the client is being provided a service related to civil

protective custody.

     (d) A consent form for treatment services signed by

the client or the parent or guardian of the client upon intake or enrollment in

the evaluation center program, unless the client is being provided a service

related to civil protective custody.

     (e) Any consent to release information which

satisfies the requirements set forth in 42 C.F.R. Part 2 and 45 C.F.R. Parts

160, 162 and 164.

     (f) The source of any referral to the evaluation

center program.

     (g) Documentation of the assessment performed by

the operator or obtained by the operator pursuant to NAC

458.326.

     (h) The history of treatment of the client.

     (i) Any sources of psychosocial stress affecting

the client.

     (j) Any additional information that should be taken

into consideration during the planning of treatment, determination of

appropriate referrals and determination of any need for coordination of care.

     (k) Documentation of and justification for any

referral to appropriate services pursuant to the criteria of the Health

Division and any resulting coordination of care.

     (l) Documentation of any discussion with the client

concerning the results of the treatment assessment, appropriate referrals and

any barriers to treatment.

     (m) The date, type and duration of any contact with

the client, and any services provided to the client.

     (n) Documentation of any:

          (1) Incident that may cause imminent danger to

the health and safety of the client, other clients or staff, or persons outside

the evaluation center program;

          (2) Problem involving the client; and

          (3) Sign or symptom of illness or injury of

the client.

     (o) Documentation in support of services that the

evaluation center program provides to the client, including, without

limitation, any:

          (1) Correspondence concerning the client; and

          (2) Results of a test conducted on the client,

including, without limitation, any test conducted by a laboratory.

     (p) A copy of the notification, which is in the

form approved by the Health Division and which was signed by the client,

indicating:

          (1) The procedure for the client to register a

complaint and to appeal a decision by the evaluation center program concerning

a complaint;

          (2) The requirements for the confidentiality

of client information set forth in 42 C.F.R. Part 2, 45 C.F.R. Parts 160, 162

and 164 and any other applicable federal or state laws governing the

confidentiality of client information for the service provided; and

          (3) Any other rights of the client that are

specified by the Health Division.

     (q) Documentation to support any claims for

services or data reported to the Health Division.

     2.  Ensure that each client receives a copy

of the notification required pursuant to paragraph (p) of subsection 1.

     3.  Ensure that the client records adhere to

procedures for medical records.

     4.  Ensure that the case notes for each

client accurately reflect the treatment and services needed by the client, as

identified in the assessment required pursuant to NAC

458.326.

     5.  Ensure that the staff readily has access

to the client records to the extent authorized pursuant to 42 C.F.R. Part 2 and

45 C.F.R. Parts 160, 162 and 164.

     6.  Maintain a system for the maintenance and

protection of client information which satisfies the requirements set forth in

42 C.F.R. Part 2 and 45 C.F.R. Parts 160, 162 and 164, including, without

limitation, requirements for:

     (a) Adequate provisions to prevent unauthorized

access or theft of any form of a record of a client;

     (b) The locked storage of paper records;

     (c) Adequate provisions for a system of backup of

records maintained in a computer system in case of a failure of the primary

system;

     (d) Retention of the records of each client for not

less than 6 years after the client is discharged from the evaluation center

program, to be made available as required pursuant to 45 C.F.R. Parts 160, 162

and 164; and

     (e) Appropriate methods to destroy records of

clients as required by federal regulation.

     7.  Ensure that each client has access to

their records as required pursuant to 42 C.F.R. Part 2 and 45 C.F.R. Parts 160,

162 and 164.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.336  Restriction on area of operation. (NRS 458.025, 484C.310)  An

evaluation center program must not be operated by an operator who operates or

has a financial interest in a treatment program or any other organization which

provides treatment for substance-related disorders in the same geographic area

at which the evaluation center program will be provided if the evaluation

center program is provided in a county whose population is 100,000 or more.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

Disciplinary Proceedings

      NAC 458.361  Health Division: Acceptance of complaints; authority to inspect

premises and request information. (NRS 458.025)  The

Health Division shall accept complaints against programs in person, in writing,

over the phone or by electronic means. The Health Division may enter the

premises of a program and inspect the premises or request additional

information from the program at any time.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.366  Investigations: Duties of Health Division. (NRS 458.025, 458.055)  When

investigating a complaint regarding a program, the Health Division shall:

     1.  Request that the person registering the

complaint state in writing the substance of the complaint and the name of the

person or program alleged to have violated a requirement of this chapter. An

investigation will proceed whether or not the allegations are put in writing.

     2.  Conduct announced or unannounced

inspections and any other investigation necessary to determine the validity of

the complaint.

     3.  If the investigation is conducted on the

premises where a program is providing services, inform the operator or a

designee thereof of the presence of staff from the Health Division on the

premises upon arrival.

     4.  Inform the operator or the designee of

the nature of the complaint.

     5.  Except as otherwise provided in this

subsection, keep all information gathered during the course of the

investigation confidential while the investigation is proceeding. This

subsection does not prohibit the Health Division from:

     (a) Communicating or cooperating with any agency or

board that:

          (1) Is investigating a member of the staff who

is under investigation;

          (2) Is investigating the same program as the

Health Division; or

          (3) Regulates or has jurisdiction over the

violations alleged in a complaint or found during the course of the

investigation.

     (b) Communicating with the operator or the designee

when a complaint against a person who is a member of the staff alleges a

condition posing a significant hazard to the health or safety of the clients,

participants or staff of the program, or a visitor to the program.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.371  Investigations: Public disclosure of information and records. (NRS 458.025, 458.055)  Except

as otherwise provided in this section, if the Health Division imposes any

disciplinary action against an operator, the information gathered during the

course of an investigation conducted pursuant to NAC

458.361 or 458.366 and the records of the

investigation become public after the Health Division completes the

investigation. Any information required to be kept confidential pursuant to 42

C.F.R. Part 2 and 45 C.F.R. Parts 160, 162 and 164 may not be made public.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

      NAC 458.376  Imposition of disciplinary action; recertification after

revocation of certification. (NRS 458.025)

     1.  The Health Division may revoke the

certification of a program or deny the initial certification or recertification

of a program based on the following grounds:

     (a) Diminished quality of the service from when the

program was originally certified;

     (b) Major noncompliance with any local, state or

federal law, regulation or ordinance;

     (c) Disseminating false or misleading information

to the public, consumers or the Health Division;

     (d) Failure of the operator or the staff to comply

with the requirements of this chapter;

     (e) A condition which poses a significant hazard to

the health or safety of the clients, participants or staff of the program, or a

visitor to the program;

     (f) Significant mismanagement of the program by the

operator;

     (g) Significant fiscal mismanagement of the program

by the operator;

     (h) Formal criminal charges or an investigative

process being brought against the operator or any member of the staff;

     (i) A complaint against a program or a member of

the staff made by a client, participant, entity or individual with knowledge of

the program which alleges a violation of a requirement of this chapter and

which has been substantiated by the Health Division after an investigation

concerning the complaint; or

     (j) Failure to comply with the requirements for

funding as specified in the notice of subgrant award.

     2.  The Health Division may deny the

certification of any new service to a program and may suspend funding for any

service of a program for the same grounds as set forth in subsection 1.

     3.  If the certification of a program has

been revoked pursuant to this section, the operator may not apply for

recertification for at least 6 months after the date of revocation of the

certification.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

MISCELLANEOUS PROVISIONS

      NAC 458.401  Procedure for review of actions taken by Health Division;

appeals. (NRS

458.025)

     1.  A person who has reason to believe that

an action taken by the Health Division pursuant to this chapter or chapter 458 of NRS is incorrect or based

upon inadequate knowledge may, within 10 business days after receiving notice

of the action, request an informal discussion with the employee of the Health

Division responsible for the action and the immediate supervisor of the

employee.

     2.  If the informal discussion does not

resolve the problem, the aggrieved person may, within 10 business days after

the date scheduled for the informal discussion, submit a written request to the

Bureau for an informal conference. The informal conference must be scheduled

for a date, time and place mutually agreed upon by the aggrieved person and the

Bureau, except that the informal conference must be held not later than 60 days

after the date on which the Bureau received the written request for the

conference.

     3.  Except as otherwise provided in

subsection 4, the determination of the Bureau resulting from the informal

conference cannot be appealed and is the final remedy available to the

aggrieved person.

     4.  An applicant for or holder of a

certificate issued pursuant to this chapter or chapter 458 of NRS who is aggrieved by an

action of the Health Division relating to the denial of initial certification

or recertification of a program, the denial of certification of additional

services to a program or the suspension of funding for services of a program

may appeal that action in accordance with NAC

439.300 to 439.395, inclusive,

after exhausting the informal procedures set forth in this section, except that

the Bureau may waive the informal procedures, or any portion thereof, by giving

written notice to the aggrieved person.

     (Added to NAC by Bd. of Health by R120-04, eff. 10-5-2004)

 
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