Nevada Revised Statutes 458.112 – Prohibition on certain activities related to marketing of treatment provider, facility or operator of program for alcohol or other substance use disorder; exception; penalty
1. A treatment provider, a facility or an operator of a program for alcohol or other substance use disorder, or a person who provides any form of advertising or marketing services on behalf of such a provider, facility or operator, shall not:
Terms Used In Nevada Revised Statutes 458.112
- Contract: A legal written agreement that becomes binding when signed.
- Division: means the Division of Public and Behavioral Health of the Department of Health and Human Services. See Nevada Revised Statutes 458.010
- Facility: means a physical structure used for the education, prevention and treatment, including mental and physical restoration, of persons with alcohol or other substance use disorders. See Nevada Revised Statutes 458.010
- person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
- Program for alcohol or other substance use disorders: means a project concerned with education, prevention and treatment directed toward achieving the mental and physical restoration of persons with an alcohol or other substance use disorder. See Nevada Revised Statutes 458.010
- Treatment provider: means a public or private agency, residential treatment center, facility for the treatment of alcohol or other substance use disorders, voluntary organization which is certified by the Division or a practitioner licensed or certified pursuant to chapter 641, 641A, 641B or 641C of NRS. See Nevada Revised Statutes 458.010
(a) Make a false or misleading statement or provide false or misleading information about the products, goods, services or geographical locations of the treatment provider, facility or program for alcohol or other substance use disorder in the marketing, advertising materials or media or on the Internet website of the treatment provider, facility or operator of the program for alcohol or other substance use disorder;
(b) Post or otherwise allow on the Internet website of the treatment provider, facility or program for alcohol or other substance use disorder false information or electronic links, coding or activation that provides false information or that surreptitiously directs the reader to another Internet website;
(c) Solicit, receive or attempt to solicit or receive a commission, benefit, bonus, rebate, kickback or bribe, directly or indirectly, in cash or in kind, or engage in or attempt to engage in a split-fee arrangement in return for a referral or an acceptance or acknowledgment of treatment from the treatment provider, facility or operator of the program for alcohol or other substance use disorder; or
(d) Enter into a contract with a person who provides marketing services who agrees to generate referrals or leads for the placement of patients with the treatment provider, facility or operator of the program for alcohol or other substance use disorder through a call center or web-based presence, unless the treatment provider, facility or operator of the program provides to the prospective patient:
(1) A clear disclosure to inform the prospective patient that the person providing the marketing services represents a specific treatment provider, facility or operator of a program for alcohol or other substance use disorder which pays a fee to the person providing the marketing services and the identity of the treatment provider, facility or operator of a program represented by the person; and
(2) Instructions on the manner in which any list of treatment providers, facilities or programs for alcohol or other substance use disorders provided by the Division on its Internet website may be accessed.
2. The provisions of paragraph (d) of subsection 1 do not apply to a state agency, a contractor thereof or an entity that otherwise receives financial support from the State which refers a person to a treatment provider, facility or program for alcohol or other substance use disorders that is operated or financially supported by the State.
3. Any violation of the provisions of this section is a misdemeanor.