Section 449.0305 - Businesses that provide referrals to residential facilities for groups and certain other group housing arrangements: License required; standards and regulations; provision of referrals; prohibited acts; civil penalties1. Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups or any other group housing arrangement that provides assistance, food, shelter or limited supervision to a person with a mental illness, intellectual disability, developmental disability or physical disability or who is aged or infirm, including, without limitation, a senior living community referral agency.2. The Board shall adopt: (a) Standards for the licensing of businesses described in subsection 1;(b) Standards relating to the fees charged by such businesses;(c) Regulations governing the licensing of such businesses; and(d) Regulations establishing requirements for training the employees of such businesses.3. A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups or any other group housing arrangement described in subsection 1 through a business that is licensed pursuant to this section.4. A business that is licensed pursuant to this section or an employee of such a business shall not: (a) Refer a person to a residential facility for groups that is not licensed.(b) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 if the business or its employee knows or reasonably should know that the facility or other group housing arrangement, or the services provided by the facility or other group housing arrangement, are not appropriate for the condition of the person being referred.(c) Refer a person to a residential facility for groups or any other group housing arrangement described in subsection 1 that is owned by the same person who owns the business. A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the Board for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the Board shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used to administer and carry out the provisions of NRS 449.001 to 449.430, inclusive, 449.435 to 449.531, inclusive, and chapter 449A of NRS and to protect the health, safety, well-being and property of the patients and residents of facilities in accordance with applicable state and federal standards.
5. This section does not apply to a medical facility that is licensed pursuant to NRS 449.029 to 449.2428, inclusive, on October 1, 1999.6. As used in this section: (a) "Developmental disability" has the meaning ascribed to it in NRS 435.007.(b) "Intellectual disability" has the meaning ascribed to it in NRS 435.007.(c) "Mental illness" has the meaning ascribed to it in NRS 433.164.Added to NRS by 1999, 3606; A 2011, 705, 1805; 2013,135; 2017, 1570, 1899; 2019, 406; 2021, 368; 2023, 570Amended by 2023, Ch. 109,§10, eff. 10/1/2023.Amended by 2021, Ch. 89,§6, eff. 1/1/2022.Amended by 2019, Ch. 75,§1, eff. 7/1/2019.Amended by 2017, Ch. 326,§6, eff. 7/1/2017.Amended by 2017, Ch. 298,§9, eff. 7/1/2017.Amended by 2013, Ch. 41,§28, eff. 5/21/2013.Added to NRS by 1999, 3606; A 2011, 705, 1805