Section 449.103 - Regulations requiring training relating specifically to cultural competency for certain agents or employees of facility; maintenance and distribution of list of approved courses and programs; request to provide unapproved course or program; reports1. Except as otherwise provided in subsection 3, to enable an agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who is described in subsection 2 to more effectively treat patients or care for residents, as applicable, the Board shall, by regulation, require such a facility to conduct training relating specifically to cultural competency for any agent or employee of the facility who is described in subsection 2 so that such an agent or employee may better understand patients or residents who have different cultural backgrounds, including, without limitation, patients or residents who are:(a) From various racial and ethnic backgrounds;(b) From various religious backgrounds;(c) Persons with various sexual orientations and gender identities or expressions;(d) Children and senior citizens;(e) Persons with a mental or physical disability; and(f) Part of any other population that such an agent or employee may need to better understand, as determined by the Board. The Board shall set forth by regulation the frequency with which a medical facility, facility for the dependent or other facility is required to provide such training relating to cultural competency.
2. Except as otherwise provided in subsection 3, the requirements of subsection 1 apply to any agent or employee of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed who: (a) Provides clinical, administrative or support services and has direct patient contact at least once each week on average as a part of his or her regular job duties; or(b) Oversees an agent or employee described in paragraph (a).3. A medical facility, facility for the dependent or other facility is not required to provide training relating specifically to cultural competency to an agent or employee who is described in subsection 2 and who has successfully completed a course or program in cultural competency as part of the continuing education requirements for the agent or employee to renew his or her professional license, registration or certificate, as applicable.4. Except as otherwise provided in subsection 6, the training relating specifically to cultural competency conducted by a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed pursuant to subsection 1 must be provided through a course or program that is approved by the Department of Health and Human Services.5. The Office of Minority Health and Equity of the Department of Health and Human Services shall: (a) Establish and maintain a list of the courses and programs that are approved for training relating to cultural competency pursuant to subsection 4. The Office shall make the most current list available on the Internet website of the Office.(b) Ensure that the list established and maintained pursuant to paragraph (a) is distributed to each medical facility, facility for the dependent or other facility which is required to conduct training relating specifically to cultural competency pursuant to subsection 1.6. A medical facility, facility for the dependent or other facility which is required to conduct training specifically relating to cultural competency may apply to the Department of Health and Human Services to provide a course or program on cultural competency that is not approved by the Department pursuant to subsection 4. Any such request must be approved or denied by the Department not later than 10 business days after the receipt of the application.7. On or before October 1 of each year, the Department of Health and Human Services shall report the average length of time within which the Department approved a course of program or training relating to cultural competency in the immediately preceding year pursuant to subsection 4 or 6, as applicable, to the Director of the Legislative Counsel Bureau for transmittal to the Joint Interim Standing Committee on Health and Human Services and the Joint Interim Standing Committee on Commerce and Labor. 8. As used in this section: (a) "Direct patient contact" means direct contact with a patient or resident of a medical facility, facility for the dependent or facility which is otherwise required by regulations adopted by the Board pursuant to NRS 449.0303 to be licensed which is in person or using telephone, electronic mail, telehealth or other electronic means, except that the term does not include incidental contact.(b) "Telehealth" has the meaning ascribed to it in NRS 629.515.Added to NRS by 2019, 1334, 1681; A 2021, 3441; 2023, 1176Amended by 2023, Ch. 202,§1, eff. 1/1/2024.Amended by 2021, Ch. 517,§23, eff. 1/1/2022.Added by 2019, Ch. 292,§4.5, eff. 7/1/2019.Added by 2019, Ch. 237,§2.5, eff. 1/1/2020.