GENERAL REQUIREMENTS FOR LICENSURE
NAC 449.011 Application for license. (NRS 449.0302, 449.040) An application for a license that is filed with the Division pursuant to NRS 449.040:
1. Must be complete and include proof of the identity of the applicant that is acceptable to the Division.
2. In accordance with NRS 449.050, must be accompanied by the appropriate application fee specified in NAC 449.002 to 449.99939, inclusive.
3. In establishing that the applicant is of reputable and responsible character as required by NRS 449.040, must include personal references and information concerning the applicant’s financial status and business activities and associations in and out of this State during the immediately preceding 3-year period. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, such references and information must be provided with respect to the members thereof and the person in charge of the facility or program for which application is made.
4. In addition to the information required by NRS 449.040 and any other information specifically required for a particular license, must include:
(a) Full, complete and accurate information regarding the ownership of the facility or program and all changes to that ownership that occur while the application is pending. The information must include the name of:
(1) Each natural person who is an owner of the facility or program;
(2) Each person who has a direct or indirect ownership interest in the facility or program of 10 percent or more and who is the owner, in whole or in part, of any mortgage, deed of trust, note or other obligation secured in whole or in part by the facility or program or any of the property or assets of the facility or program;
(3) If the applicant is a corporation, each officer and director; and
(4) If the applicant is a partnership, each partner.
(b) The address of the applicant’s principal office.
(c) Evidence satisfactory to the Division that the facility or program meets all applicable federal, state and local laws and complies with all safety, health, building and fire codes. If there are any differences between the state and local codes, the more restrictive standards apply.
(d) If required by NRS 439A.100, a copy of a letter of approval issued by the Director of the Department of Health and Human Services.
(e) A copy of the certificate of occupancy, a copy of the applicant’s business license and a copy of any special use permit obtained in connection with the operation of the facility or program.
(f) A copy of any property lease or rental agreements concerning the facility or program.
(g) If the applicant is a corporation, a copy of its bylaws and articles of incorporation.
5. If the application is for a facility for the care of adults during the day, must include the maximum number of clients allowed to occupy the facility at one time.
(Added to NAC by Bd. of Health by R044-97, eff. 10-30-97; A by R078-12, 12-20-2012; R022-14, 6-26-2015)
NAC 449.0112 Investigation; prelicensure survey; inspection for fire safety. (NRS 449.0302)
1. Upon receipt of a properly completed application, proof of the identity of the applicant that is acceptable to the Division and the appropriate fee, the Division shall conduct an investigation concerning the premises, facilities, qualifications of personnel, methods of operation and policies of the applicant and perform a prelicensure survey of:
(a) The applicant; and
(b) The facility, program plan and management plan, as appropriate.
2. Before issuing a license, the Division must receive a satisfactory report of inspection of the facility from the State Fire Marshal or the local fire department.
(Added to NAC by Bd. of Health by R044-97, eff. 10-30-97; A by R078-12, 12-20-2012)
NAC 449.01125 Duties of Division if Central Repository unable to complete investigation of applicant; grounds for denial or revocation of license or delay of action concerning application. (NRS 449.0302)
1. If the Central Repository notifies the Division that it is unable to complete an investigation pursuant to NRS 449.122 because:
(a) Additional information is required, the Division shall send a notice to the applicant or licensee directing the applicant or licensee to provide the Division and the Central Repository with the information or proof that the information cannot be obtained within 30 days after the date on which the notice was sent by the Division.
(b) Criminal charges against the applicant or licensee are pending, the Division shall notify the applicant or licensee that he or she is required to:
(1) Notify the Division of the date of each court proceeding relating to the charges; and
(2) Provide the Central Repository with any information relating to the final disposition of the charges as soon as the information is available.
2. The Division may deny an application for a license of an applicant or revoke the license of a licensee who fails to comply with the provisions of this section.
3. The Division may delay taking any action concerning an application until the Central Repository completes its investigation.
(Added to NAC by Bd. of Health by R111-12, eff. 3-28-2014)
NAC 449.0113 Duties of administrator or licensee if Central Repository unable to complete investigation of employee or independent contractor; grounds for termination; actions to ensure patient safety. (NRS 449.0302)
1. If the Central Repository notifies the administrator of, or the person licensed to operate, a facility, hospital, agency, program or home that it is unable to complete an investigation pursuant to NRS 449.123 because:
(a) Additional information is required, the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home shall, within 10 working days after receiving the notice from the Central Repository, send a notice to the employee, employee of a temporary employment service or independent contractor directing the employee, employee of a temporary employment service or independent contractor to provide the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home and the Central Repository with the information or proof that the information cannot be obtained within 30 days after the date on which the notice was sent by the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home.
(b) Criminal charges against the employee, employee of a temporary employment service or independent contractor are pending, the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home shall notify the employee, employee of a temporary employment service or independent contractor that he or she is required to:
(1) Notify the administrator of, or the person licensed to operate, the facility, hospital, agency, program or home of the date of each court proceeding relating to the charges; and
(2) Provide the Central Repository with any information relating to the final disposition of the charges as soon as the information is available.
2. The administrator of, or the person licensed to operate, the facility, hospital, agency, program or home shall terminate the employment of an employee or the contract with an independent contractor or notify the temporary employment service that its employee is prohibited from providing services for the facility, hospital, agency, program or home upon determining that the employee, employee of a temporary employment service or independent contractor has willfully failed to comply with the provisions of this section.
3. Pending the completion of an investigation of an employee, employee of a temporary employment service or independent contractor of a facility, hospital, agency, program or home for which the Central Repository has provided notice pursuant to subsection 1 that it is unable to complete the investigation for a reason stated in subsection 1, and during any period in which an employee, employee of a temporary employment service or independent contractor has to correct information provided by the Central Repository pursuant to NRS 449.125, the administrator of, or the person licensed to operate, a facility, hospital, agency, program or home shall take actions to ensure the safety of its patients, residents or clients, including:
(a) Prohibiting the employee, employee of a temporary employment service or independent contractor from working at the facility, hospital, agency, program or home by placing the employee, employee of a temporary employment service or independent contractor on leave;
(b) Requiring the employee, employee of a temporary employment service or independent contractor to be under the direct supervision and observation of an employee of the facility, hospital, agency, program or home while caring for any patient, client or resident of the facility, hospital, agency, program or home;
(c) Conducting an investigation into the circumstances of the record of criminal history to determine and carry out any measures that the facility, hospital, agency, program or home identifies as necessary to ensure the safety of its patients, residents or clients if the employee, employee of a temporary employment service or independent contractor cares for patients, residents or clients; or
(d) Taking any combination of the actions set forth in paragraph (a), (b) or (c).
4. As used in this section, “facility, hospital, agency, program or home” has the meaning ascribed to it in NRS 449.119 and includes an intermediary service organization for the purpose of carrying out this section and NAC 449.01125.
(Added to NAC by Bd. of Health by R111-12, eff. 3-28-2014)
NAC 449.0114 Display of license; compliance with law; transfer of real property; change in administrator, ownership, location, services or maximum number of clients. (NRS 449.0302, 449.050)
1. Upon receipt of a license, the licensee shall display the license at a conspicuous location within the facility.
2. During the term of the license, the licensee shall continuously maintain the facility in conformance with the provisions of NAC 449.002 to 449.99939, inclusive, and chapter 449 of NRS.
3. If there is a transfer of the real property on which the facility is located, but no change in the operator of the facility, the licensee shall, within 10 days, notify the Division of the transfer in writing and provide the Division with a copy of any lease agreement relating to the transfer.
4. If there is a change in the administrator of the facility, the licensee shall notify the Division of the change within 10 days. The notification must provide evidence that the new administrator is currently licensed pursuant to chapter 654 of NRS and the regulations adopted pursuant thereto. If the licensee fails to notify the Division and submit an application for a new license within 10 days after the change, the licensee shall pay to the Division a fee in an amount equal to 150 percent of the fee required for a new application set forth in subsection 1 of NAC 449.0168.
5. A licensee shall notify the Division immediately of any change in:
(a) The ownership of the facility;
(b) The location of the facility;
(c) The services provided at the facility; and
(d) If the facility is a facility for the care of adults during the day, the maximum number of clients allowed to occupy the facility at one time.
(Added to NAC by Bd. of Health by R044-97, eff. 10-30-97; A by R122-05, 11-17-2005; R022-14, 6-26-2015)
NAC 449.0115 Review of building plans for new construction or remodeling by certain applicants: Required documents; payment of fees and costs. (NRS 439.150, 439.200, 449.0302)
1. An applicant for a license or the renewal of a license to operate a medical facility or facility for the dependent who wishes or is required to have building plans for new construction or remodeling reviewed by the Division must:
(a) Submit to the Division or have on file a current application for a license or renewal of a license;
(b) Pay to the Division any fees required for the issuance or renewal of a license pursuant to NAC 449.013 or 449.016; and
(c) Submit two complete sets of building plans for new construction or remodeling prepared by a registered architect, registered residential designer or licensed general contractor to the entity designated to review such plans by the Division.
2. All costs incurred for the review of building plans and any changes or revisions made to the plans must be borne by the applicant and paid directly to the designee of the Division conducting the review of the plans.
3. The costs required to be paid pursuant to subsection 2 are not refundable and are in addition to the fees charged for the issuance or renewal of the license pursuant to NAC 449.013 or 449.016.
(Added to NAC by Bd. of Health, eff. 11-1-95; A by R035-97, 10-30-97; R129-99, 11-29-99, eff. 1-1-2000; R076-01, 10-18-2001; R067-04, R070-04 & R072-04, 8-4-2004; R076-04, 8-5-2004; R122-05, 11-17-2005; R051-06, 7-14-2006)
NAC 449.01153 Approval of building plans for construction or remodeling of certain facilities: Period of validity. (NRS 449.0302) If the Division approves building plans for the construction or remodeling of a facility for modified medical detoxification, a facility for skilled nursing, a facility for the care of adults during the day, a facility for the treatment of abuse of alcohol or drugs, a hospital, a mobile unit, a residential facility for groups or a surgical center for ambulatory patients, the approval is valid for 42 months after it is issued, unless there has been:
1. A modification of the building plans;
2. A change in the ownership of the facility; or
3. A change in the intended use of the facility.
(Added to NAC by Bd. of Health by R065-04, eff. 8-4-2004)
NAC 449.01156 On-site advisory inspection of facility: Written request; action by Division; fee. (NRS 439.150, 439.200, 449.0302)
1. A licensee or an applicant for the issuance or renewal of a license whose building plans for the construction of a facility have been reviewed pursuant to NAC 449.0115 may submit a written request to the Division for an on-site advisory inspection to be conducted by the Division after at least 80 percent of the construction of the facility is completed. The written request must include, without limitation, the anticipated date on which 80 percent of the construction of the facility will be completed.
2. If the Division receives a request submitted pursuant to subsection 1, the Division shall determine its ability to grant the request and shall issue a notice of that determination to the licensee or applicant who submitted the request.
3. If the Division grants a request submitted pursuant to subsection 1, the licensee or applicant who submitted the request shall, before the Division conducts the on-site inspection, submit to the Division a fee of:
(a) Five hundred dollars, if the project is valued at not more than $500,000;
(b) One thousand dollars, if the project is valued at more than $500,000 but not more than $1,000,000; or
(c) Two thousand dollars, if the project is valued at more than $1,000,000.
(Added to NAC by Bd. of Health by R065-04, eff. 8-4-2004)
NAC 449.0116 Renewal of license: Application; validity of existing license pending decision on application; inspection of facility; untimely filing or failure to file application. (NRS 439.150, 439.200, 449.0302, 449.050, 449.089)
1. Except as otherwise provided in subsection 2, a licensee who wishes to renew his or her license must submit a complete application for renewal to the Division on or before November 15 of the calendar year in which the license expires. The existing license shall be deemed valid until the submitted application for renewal is evaluated and a final determination is made by the Division concerning whether to renew the license. The Division may require an inspection of the facility to ensure that it meets the requirements of NAC 449.002 to 449.99939, inclusive, before deciding whether to renew a license.
2. A licensee who, without good cause, files an application for the renewal of his or her license after the date set forth in subsection 1 but on or before December 31 of the calendar year in which the license expires and who wishes to renew the license must pay:
(a) The fee required for the renewal of the license pursuant to NAC 449.013 or 449.016, as appropriate; and
(b) An additional charge equal to one-half the amount of the fee required for the renewal of the license pursuant to NAC 449.013 or 449.016, as appropriate.
3. A licensee who fails to file an application for the renewal of his or her license before the license expires is not eligible to renew the license and, if he or she wishes to be licensed, must submit an application for a new license.
(Added to NAC by Bd. of Health by R044-97, eff. 10-30-97; A by R065-04, 8-4-2004)
NAC 449.0118 Denial, suspension or revocation of license: Grounds. (NRS 449.0302) In addition to the grounds set forth in NRS 449.160 and any other grounds specifically applicable to a particular license, the Division may deny an application for a license or may suspend or revoke a license upon any of the following grounds:
1. The failure or refusal of an applicant or licensee to comply with any of the provisions of chapter 449 of NRS or the regulations adopted by the State Board of Health.
2. The failure or refusal of an applicant or licensee to comply with a reasonable order from the Division to remove a resident from a facility or program.
3. Operating a facility or program without a license, if a license is required before operating.
4. Accepting for care, at any given time, more residents than the number specified in the license.
5. The failure or refusal of a licensee to return an adequate plan of correction to the Division within 10 days after the receipt by the licensee of a statement of deficiencies.
6. The failure or refusal to cooperate fully with an investigation or inspection by the Bureau.
7. Misappropriation of the property of a resident of a facility.
8. Abuse, neglect or exploitation of an infirm person, a person with an intellectual disability or a person with a disability, or of a person who is 60 years of age or older.
9. The failure of a medical facility or facility for the dependent to pay the costs for the maintenance of the medical records of the facility required pursuant to paragraph (c) of subsection 1 of NAC 449.009.
(Added to NAC by Bd. of Health by R044-97, eff. 10-30-97; A by R114-10, 12-20-2012)
NAC 449.0119 Denial, suspension or revocation of license or endorsement: Appeals. (NRS 449.0302, 449.170) An applicant or licensee who is aggrieved by an action of the Division relating to the denial, suspension or revocation of a license or an endorsement may appeal pursuant to the procedures set forth in NAC 439.300 to 439.395, inclusive.