[Rev. 2/10/2015 5:28:36
PM--2014R2]
TITLE 40 - PUBLIC HEALTH AND SAFETY
CHAPTER 439 - ADMINISTRATION OF PUBLIC
HEALTH
GENERAL PROVISIONS
NRS 439.005 Definitions.
DIVISION OF PUBLIC AND BEHAVIORAL HEALTH OF THE DEPARTMENT OF
HEALTH AND HUMAN SERVICES
Administration
NRS 439.010 Administration
of chapter.
NRS 439.015 Acceptance
and disbursement of federal appropriations; deposit to State Division of Public
and Behavioral Health Federal Account.
NRS 439.030 State
Board of Health: Creation; members; qualifications.
NRS 439.040 State
Board of Health: Term of office.
NRS 439.060 State
Board of Health: Meetings; quorum.
NRS 439.070 State
Board of Health: Secretary; Executive Officer.
NRS 439.080 State
Board of Health: Compensation of members and employees.
NRS 439.085 Chief
Medical Officer: Appointment; unclassified service.
NRS 439.090 State
Health Officer and Administrator: Qualifications. [Repealed.]
NRS 439.095 Chief
Medical Officer: Qualifications.
NRS 439.100 State
Health Officer: Appointment; vacancy; unclassified service. [Repealed.]
NRS 439.110 Chief
Medical Officer: Devotion of time to official duties; cooperation with Nevada
System of Higher Education.
NRS 439.130 Chief
Medical Officer and Administrator: Duties.
NRS 439.135 Appointment
of Commissioner of Food and Drugs and other agents by Administrator.
NRS 439.140 Appointment
or removal of subordinate officer or employee of Division.
Powers and Duties
NRS 439.150 State
Board of Health supreme in matters concerning health; Department designated
agency for federal cooperation; fees.
NRS 439.155 Contracts
for cooperation with governmental entities and others; effect of payments to
Division for such cooperation; immunity from and limitations on liability not
waived.
NRS 439.160 Uniform
compliance with provisions of chapter.
NRS 439.170 Prevention
of sickness and disease; legal action for enforcement of laws and regulations.
NRS 439.180 Biennial
report to Director by Administrator.
NRS 439.190 Hearings
and witnesses.
NRS 439.200 Regulations
of State Board of Health: Adoption; effect; variances; distribution.
NRS 439.230 Personal
and statistical information to be secured from patient admitted or committed to
public or private institution.
NRS 439.240 State
Public Health Laboratory: Maintenance by University of Nevada School of
Medicine; branch laboratories; purpose; administration; reports.
NRS 439.255 Masks
and face shields for use in cardiopulmonary resuscitation: Regulations;
provision to peace officers and firefighters; waiver of requirements; civil
immunity for use.
NRS 439.265 Immunization
Information System: Establishment and administration; duty to report
information concerning immunization administered to child; contents and form of
report; parent or guardian to be provided information concerning System; parent
or guardian may decline inclusion of information in System; disclosure of
information; regulations.
NRS 439.270 Persons
diagnosed with epilepsy: State Board of Health to define “epilepsy” for
purposes of section; reports required to be submitted to Division and to
Department of Motor Vehicles; confidentiality of reports; criminal penalty.
DENTAL AND ORAL HEALTH
NRS 439.271 Definitions.
NRS 439.2711 “Advisory
Committee” defined.
NRS 439.2712 “Program”
defined.
NRS 439.2713 “Provider
of oral health care” defined.
NRS 439.272 State
Dental Health Officer: Appointment by Division; classification; qualifications;
duties; outside pursuits; solicitation and acceptance of gifts and grants.
NRS 439.279 State
Public Health Dental Hygienist: Appointment; classification; qualifications;
duties; outside pursuits; solicitation and acceptance of gifts and grants.
NRS 439.2791 State
Program for Oral Health: Establishment; purpose.
NRS 439.2792 Advisory
Committee on the State Program for Oral Health: Creation; duties; appointment
and terms of members; quorum; Chair; meetings.
NRS 439.2793 Duties
of Division.
NRS 439.2794 Powers
of Division to enter into contracts to apply for and accept gifts, donations,
bequests and grants and to apply for federal waivers; disposition of money;
administration of account.
LOCAL ADMINISTRATION
County Board of Health and County Health Officer
NRS 439.280 County
board of health: Composition; officers; service without additional
compensation.
NRS 439.290 County
health officer: Appointment; qualifications; term.
NRS 439.300 County
health officer: Compensation.
NRS 439.310 County
health officer: Vacancy; appointment by Chief Medical Officer.
NRS 439.320 County
health officer: Executive officer of county board of health; may be county
physician.
NRS 439.330 Deputy
county health officer: Appointment; compensation; duties.
NRS 439.340 County
board of health: Supervision by Division; reports.
NRS 439.350 County
board of health: Duties.
NRS 439.360 County
board of health: Powers.
District Board of Health and District Health Officer in
Counties Whose Population is 700,000 or More
NRS 439.361 Applicability.
NRS 439.362 Health
district: Creation; composition; appointment and terms of members; duty to
maintain records; county, city and town boards of health abolished.
NRS 439.363 Health
district fund: Creation.
NRS 439.364 District
board of health: Meetings; quorum; duties.
NRS 439.365 District
board of health: Budget; adoption by board of county commissioners; annual
allocation.
NRS 439.366 Powers
and jurisdiction of district board of health and district health department;
regulations of district board of health.
NRS 439.367 District
board of health: Powers.
NRS 439.368 Appointment,
qualifications, powers and compensation of district health officer; clinical
program requiring medical assessment must be supervised by physician.
District Board of Health and District Health Officer in
Counties Whose Population is Less Than 700,000
NRS 439.369 Applicability.
NRS 439.370 Health
district: Creation.
NRS 439.380 County
or city board of health abolished upon creation of district board of health.
NRS 439.383 County
boards of health within district abolished upon creation of district board of
health.
NRS 439.385 City
and town boards of health abolished upon creation of district board of health.
NRS 439.390 District
board of health: Composition; qualifications of members.
NRS 439.400 Appointment,
qualifications, powers and compensation of district health officer; clinical
program requiring medical assessment must be supervised by physician.
NRS 439.410 Powers
and jurisdiction of district board of health and district health department;
regulations of district board of health.
City Board of Health and City Health Officer
NRS 439.420 City
board of health: Creation by ordinance.
NRS 439.430 City
board of health: Members; appointments; qualifications and compensation of city
health officer.
NRS 439.440 Inclusion
of city in county or district health department.
NRS 439.450 Withdrawal
of city from county or district health department; re-establishment of city
health department.
NRS 439.460 City
board of health: Duties.
NRS 439.470 City
board of health: Powers.
Extermination and Abatement of Mosquitoes, Flies, Other
Insects and Rats
NRS 439.471 Applicability.
NRS 439.473 Authority
of district health officer to issue order for extermination or abatement of nuisance;
authorized actions.
NRS 439.475 Notice
of order for abatement of nuisance; duty of health district if owner fails to
comply with order.
NRS 439.477 Lien
on real property for costs of abating nuisance; action to foreclose lien.
NRS 439.479 Regulations;
enforcement; notice to district board of health of failure to maintain rental
dwelling unit in habitable condition.
Removal and Remediation of Controlled Substances and
Precursors
NRS 439.4797 Powers
of boards of health; regulations by State Environmental Commission.
Local Health Regulations
NRS 439.480 Local
health officer: Supervision; jurisdiction.
NRS 439.490 Abatement
or removal of nuisance.
Assessment for Services Provided to County
NRS 439.4905 Payment
of assessment; exemption; regulations.
ADVISORY COMMITTEE FOR THE PREVENTION AND TREATMENT OF STROKE
AND HEART DISEASE
NRS 439.491 Definitions.
NRS 439.4911 “Committee”
defined.
NRS 439.4913 “Hospital”
defined.
NRS 439.4915 “Primary
prevention” defined.
NRS 439.4917 “Provider
of health care” defined.
NRS 439.4919 “Secondary
prevention” defined.
NRS 439.492 Creation;
appointment, terms and compensation of members; Chair.
NRS 439.493 Duties;
quorum.
NRS 439.494 Powers
of Division to enter into contracts and to apply for and accept gifts, grants,
donations and bequests; disposition of money; administration of account.
CHRONIC OBSTRUCTIVE PULMONARY DISEASE PROGRAM
NRS 439.495 Establishment;
purpose.
NRS 439.496 Powers
of Division to apply for and accept gifts, grants and bequests; disposition of
money; administration of account.
ARTHRITIS PREVENTION AND CONTROL PROGRAM
NRS 439.501 Establishment.
NRS 439.503 Advisory
Committee: Establishment; appointment, terms and compensation of members;
quorum; Chair; meetings.
NRS 439.505 Duties
of Division.
NRS 439.507 Powers
of Division to enter into contracts, to apply for and accept gifts, donations,
bequests and grants and to apply for federal waivers; disposition of money;
administration of account.
TASK FORCE ON ALZHEIMER’S DISEASE
NRS 439.508 Definitions.
[Effective through June 30, 2017.]
NRS 439.5081 “State
plan” defined. [Effective through June 30, 2017.]
NRS 439.5082 “Task
Force” defined. [Effective through June 30, 2017.]
NRS 439.5083 Creation;
appointment, qualifications and terms of members; members serve without
compensation except per diem; alternates. [Effective through June 30, 2017.]
NRS 439.5084 Chair
and Vice Chair; meetings; quorum; members appointed by Director serve at
pleasure of Director. [Effective through June 30, 2017.]
NRS 439.5085 Duties;
submission of annual report to Governor and Legislature; support and assistance
of Department; gifts, grants and donations. [Effective through June 30, 2017.]
COMMITTEE TO REVIEW SUICIDE FATALITIES
NRS 439.5102 “Committee”
defined.
NRS 439.5104 Creation;
appointment, qualification and terms of members; vacancies.
NRS 439.5106 Powers
and duties.
NRS 439.5108 Powers;
submission of annual report to Director; confidentiality of information and
records.
STATEWIDE PROGRAM FOR SUICIDE PREVENTION
NRS 439.511 Creation;
purposes; employment of Coordinator; qualifications of Coordinator; duties of
Coordinator.
NRS 439.513 Employment
of trainer for suicide prevention; qualifications; duties.
STATE PROGRAM FOR WELLNESS AND THE PREVENTION OF CHRONIC
DISEASE
NRS 439.514 Definitions.
NRS 439.515 “Advisory
Council” defined.
NRS 439.516 “Program”
defined.
NRS 439.517 Establishment;
purpose.
NRS 439.518 Advisory
Council: Establishment; purpose; appointment of members.
NRS 439.519 Advisory
Council: Terms; Chair; appointment of committees and subcommittees; removal of
nonlegislative members; administrative support; quorum; meetings; compensation.
NRS 439.521 Duties
of Division.
NRS 439.522 Public
hearings.
NRS 439.523 Authority
of Division to enter into contracts and award grants.
NRS 439.524 Submission
of annual report to Governor and Legislature. [Repealed.]
NRS 439.525 Gifts,
grants and contributions: Accounting; use; administration.
COMMITTEE ON CO-OCCURRING DISORDERS
NRS 439.526 “Co-occurring
disorders” defined. [Repealed.]
NRS 439.527 Creation;
appointment and qualifications of members; election of Chair and Vice Chair;
terms of members; vacancies; compensation of members; members holding public
office or employed by governmental entity; meetings; quorum. [Repealed.]
NRS 439.528 Duties.
[Repealed.]
PROGRAM TO TREAT PERSONS WITH HUMAN IMMUNODEFICIENCY VIRUS OR
ACQUIRED IMMUNODEFICIENCY SYNDROME
NRS 439.529 Administration;
duties of Director; use of other programs; prohibition against commingling of
money; money for program to be accounted for separately.
MISCELLANEOUS PROVISIONS
NRS 439.530 Treatment
by prayer, mental or spiritual means; no compulsion to submit to medical
treatment.
NRS 439.535 Clinic
for immunization of children: Availability; immunity of personnel from criminal
and civil liability.
NRS 439.537 Unlawful
use of words or letters designating person as licensed or registered dietitian;
penalty.
NRS 439.538 Electronic
transmission of health information: Exemption from state law concerning privacy
or confidentiality of certain health information; ability of person to opt out
of electronic disclosure of certain health information.
NRS 439.540 Chapter
does not alter powers of Commissioner of Food and Drugs or powers of State
Dairy Commission.
NRS 439.550 Strict
enforcement of chapter by local health officer.
NRS 439.560 Enforcement
of chapter by public officers.
NRS 439.565 Injunctions
against violations.
NRS 439.570 Health
authority may report violation to district attorney or Attorney General;
initiation and prosecution of action.
NRS 439.580 Penalties.
STATEWIDE HEALTH INFORMATION EXCHANGE SYSTEM
NRS 439.581 Definitions.
NRS 439.582 “Electronic
health record” defined.
NRS 439.583 “Health
care provider” defined.
NRS 439.584 “Health
information exchange” defined.
NRS 439.585 “Person”
defined.
NRS 439.586 “Statewide
health information exchange system” defined.
NRS 439.587 Designation
and duties of Director as state authority for health information technology;
adoption of regulations and other necessary actions authorized.
NRS 439.588 Establishment
or designation of governing entity; duties and authorized act of governing
entity; meetings of governing body of governing entity; regulations for
certification as health information exchange.
NRS 439.589 Adoption
of regulations to prescribe standards relating to electronic health records,
health-related information and system.
NRS 439.590 Requirements
for participation in system; limitations on use, release or publication of
certain information; penalty for unauthorized access to electronic health
record, system or health information exchange; establishment of complaint
system.
NRS 439.591 Patient
not required to participate in health information exchange; notification to
patient of breach of confidentiality of electronic health records or health
information exchange; patient access to electronic health records.
NRS 439.592 Electronic
health records, electronic signatures and electronically transmitted health
information deemed to comply with certain writing and signature requirements;
information maintained or transmitted in electronic health record or system
deemed to comply with certain confidentiality requirements; exception.
NRS 439.593 Immunity
from liability for health care provider who uses system.
NRS 439.594 Immunity
from liability for governing entity, administrator of system and health
information exchange.
NRS 439.595 Provision
of information to electronic health record or participation in health
information exchange not unfair trade practice.
ADMINISTRATION OF CERTAIN PROCEEDS FROM MANUFACTURERS OF
TOBACCO PRODUCTS
General Provisions
NRS 439.600 Legislative
declaration.
Fund for a Healthy Nevada
NRS 439.620 Creation
and administration of Fund; appropriation and expenditure of contents.
NRS 439.630 Powers
and duties of Department; eligibility of veterans for certain benefits or
services available to senior citizens, persons with disabilities and other
specified persons; submission of biennial report by Grants Management Advisory
Committee, Nevada Commission on Aging and Nevada Commission on Services for
Persons with Disabilities.
Subsidies for Cost of Prescription Drugs, Pharmaceutical
Services and Other Benefits to Senior Citizens
NRS 439.635 Definitions.
NRS 439.640 “Household
income” defined.
NRS 439.645 “Income”
defined.
NRS 439.650 “Senior
citizen” defined.
NRS 439.655 Administration:
Powers and duties of Department.
NRS 439.660 Administration:
Cooperation between state and local agencies.
NRS 439.665 Contracts
to subsidize cost of prescription drugs, pharmaceutical services and other
benefits; eligibility for and amount of subsidies; copayments; waiver of
eligibility requirements; coverage provided by Federal Government; authority of
Department to change programs; eligibility of veterans for subsidies.
NRS 439.670 Request
for subsidy; action on request; payment of subsidy.
NRS 439.675 Denial
of request for subsidy; repayment of amount received pursuant to fraudulent
request.
NRS 439.680 Judicial
review of decision to deny request for subsidy.
NRS 439.685 Revocation
of subsidy and payment of restitution.
NRS 439.690 Restrictions
on use of information contained in request for subsidy.
Subsidies for Provision of Pharmaceutical Services to Persons
With Disabilities
NRS 439.705 Definitions.
NRS 439.715 “Household
income” defined.
NRS 439.725 “Income”
defined.
NRS 439.735 Administration:
Powers and duties of Department.
NRS 439.745 Contracts
to subsidize cost of prescription drugs, pharmaceutical services and other
benefits; eligibility for and amount of subsidies; copayments; waiver of
eligibility requirements; coverage provided by Federal Government; authority of
Department to change programs; eligibility of veterans for subsidies.
NRS 439.755 Request
for subsidy; action on request; payment of subsidy.
NRS 439.765 Denial
of request for subsidy; repayment of amount received pursuant to fraudulent
request.
NRS 439.775 Judicial
review of decision to deny request for subsidy.
NRS 439.785 Revocation
of subsidy and payment of restitution.
NRS 439.795 Restrictions
on use of information contained in request for subsidy.
HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES
NRS 439.800 Definitions.
NRS 439.802 “Facility-acquired
infection” defined.
NRS 439.805 “Medical
facility” defined.
NRS 439.810 “Patient”
defined.
NRS 439.815 “Patient
safety officer” defined.
NRS 439.820 “Provider
of health care” defined.
NRS 439.830 “Sentinel
event” defined.
NRS 439.835 Mandatory
reporting of sentinel events.
NRS 439.837 Mandatory
investigation of sentinel event by medical facility.
NRS 439.840 Reports
of sentinel events: Duties of Division; confidentiality.
NRS 439.841 Authority
of Division to request additional information or to conduct audit or
investigation; report of findings; payment of costs.
NRS 439.843 Annual
summaries of reports of sentinel events; compilation by Division;
confidentiality; posting of patient safety plans by Department on Internet
website.
NRS 439.845 Analysis
and reporting of trends regarding sentinel events; treatment of certain
information regarding corrective action by medical facility.
NRS 439.847 Participation
in surveillance system by medical facilities and facilities for skilled
nursing; access, analysis and reporting of information submitted to
surveillance system by Division; regulations.
NRS 439.855 Notification
of patients involved in sentinel events.
NRS 439.856 Provision
of certain information relating to facility-acquired infections to patients.
NRS 439.857 Procedure
for informing patient, legal guardian or other person that patient at medical
facility has infection; immunity from liability for providing certain information.
NRS 439.860 Inadmissibility
of certain information in administrative or legal proceeding.
NRS 439.865 Patient
safety plan: Development; inclusion of infection control program to prevent and
control infections; approval; notice; compliance; annual review and update.
NRS 439.870 Patient
safety officer: Designation; duties.
NRS 439.873 Designation,
duties and qualifications of infection control officer; required ratio of
patients to employees with certain training in infection control; Division to
provide education and technical assistance.
NRS 439.875 Patient
safety committee: Establishment; composition; meetings; duties; proceedings and
records are privileged.
NRS 439.877 Patient
safety checklists and patient safety policies: Adoption by patient safety
committee; required provisions; duties of patient safety committee.
NRS 439.880 Immunity
from criminal and civil liability.
NRS 439.885 Violation
by medical facility: Administrative sanction prohibited when voluntarily
reported; administrative sanction imposed when not voluntarily reported; appeal
of imposition of sanction; accounting and expenditure of money.
NRS 439.890 Adoption
of regulations.
WEBSITE FOR INFORMATION CONCERNING PRICE OF COMMONLY
PRESCRIBED DRUGS
NRS 439.900 “Pharmacy”
defined.
NRS 439.905 Organization
representing interests of retail merchants to prepare and update list of most
commonly prescribed drugs or generic equivalents.
NRS 439.910 Pharmacies
to provide to Department contact information, electronic mail address and
address of Internet website; exceptions.
NRS 439.915 Department
to place on Internet website information concerning pharmacies and prices for
prescription drugs; additional or alternative procedures for obtaining
information concerning pharmacies and prices for prescription drugs.
NRS 439.920 Manner
of presentation of information.
NRS 439.925 Immunity
from civil and criminal liability.
NRS 439.930 Regulations.
NRS 439.935 Suspension
of components of program or duties of Department if sufficient money not
available; acceptance of gifts and grants.
NRS 439.940 Penalty
for failure to provide information to Department.
WEBSITE FOR BACKGROUND INVESTIGATIONS
NRS 439.942 Establishment;
requirements to become client; administrators; confidentiality; protection of
information; maintenance.
NRS 439.943 Authorized
use; inclusion of relevant publicly available information.
NRS 439.944 Access
authorized to enter information and manage information and account.
NRS 439.945 Division
authorized to enter into cooperative agreements with certain state and federal
agencies to obtain information for inclusion.
NRS 439.946 Authorized
collection, maintenance and storage of certain information on website.
NRS 439.947 Access
to information.
NRS 439.948 Fees;
regulations.
PUBLIC HEALTH EMERGENCIES AND OTHER HEALTH EVENTS
NRS 439.950 Definitions.
NRS 439.955 “Emergency
team” defined.
NRS 439.960 “Health
care facility” defined.
NRS 439.965 “Provider
of health care” defined.
NRS 439.970 Determination
of public health emergency or other health event; executive order of Governor;
designation of emergency team; chair; Attorney General designated legal counsel
to emergency team.
NRS 439.973 Authority
of Governor to request assistance from contiguous state in carrying out
inspections.
NRS 439.975 Powers
and duties of emergency team.
NRS 439.980 Duties
of chair of emergency team.
NRS 439.983 Duties
of emergency team upon resolution of public health emergency or other health
event.
STERILE HYPODERMIC DEVICE PROGRAMS
NRS 439.985 Legislative
declaration of purpose.
NRS 439.986 “Sterile
hypodermic device program” or “program” defined.
NRS 439.987 Establishment.
NRS 439.988 Guidelines
governing operation.
NRS 439.989 Program
to establish safety procedures, provide community outreach and report to State
Board of Health.
NRS 439.990 Staff
and volunteers to complete training; requirements for training.
NRS 439.991 Program
authorized to provide material for safer injection drug use and certain
information.
NRS 439.992 Immunity
from civil liability.
NRS 439.993 Confidentiality
of records; use of information.
NRS 439.994 Discrimination
prohibited.
_________
GENERAL PROVISIONS
NRS 439.005 Definitions. As
used in this chapter, unless the context requires otherwise:
1. “Administrator” means the Administrator
of the Division.
2. “Department” means the Department of
Health and Human Services.
3. “Director” means the Director of the
Department.
4. “Division” means the Division of Public
and Behavioral Health of the Department.
5. “Health authority” means the officers
and agents of the Division or the officers and agents of the local boards of
health.
6. “Individually identifiable health
information” has the meaning ascribed to it in 45 C.F.R. § 160.103.
(Added to NRS by 1963, 938; A 1967, 1168; 1969, 1018;
1973, 1406; 1983,
832; 2011,
1759; 2013,
3037)
DIVISION OF PUBLIC AND BEHAVIORAL HEALTH OF THE DEPARTMENT
OF HEALTH AND HUMAN SERVICES
Administration
NRS 439.010 Administration of chapter. Except
as otherwise provided in NRS 439.5102 to 439.5108, inclusive, and 439.581
to 439.595, inclusive, the provisions of this
chapter must be administered by the Administrator and the Division, subject to
administrative supervision by the Director.
[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL §
5239]—(NRS A 1963, 938; 1967, 1168; 1973, 1406; 1983, 832; 2011, 1759;
2013, 366,
3037)
NRS 439.015 Acceptance and disbursement of federal appropriations; deposit
to State Division of Public and Behavioral Health Federal Account. The Department, through the Division, may
accept and direct the disbursement of money appropriated by any Act of Congress
and apportioned or allocated to the State of Nevada for health purposes. This
federal money must be deposited in the State Treasury for credit to the State
Division of Public and Behavioral Health Federal Account within the State
General Fund.
(Added to NRS by 1975, 257; A 1983, 397; 1989, 1472; 2013, 3037)
NRS 439.030 State Board of Health: Creation; members; qualifications.
1. The State Board of Health, consisting
of seven members appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Two members who are doctors of medicine who have
been licensed to practice in this State and have engaged in the practice of
medicine in this State for not less than 5 years immediately prior to the
appointments.
(b) One member who is a doctor of dental surgery
who has been licensed to practice in this State and has engaged in the practice
of dentistry in this State for not less than 5 years immediately prior to the
appointment.
(c) One member who is a doctor of veterinary
medicine who has been licensed to practice in this State and has engaged in the
practice of veterinary medicine in this State for not less than 5 years
immediately preceding the appointment.
(d) One member who is a registered nurse who has
been licensed by this State and has engaged in nursing for at least 5 years
immediately prior to the appointment.
(e) One member who is a general engineering
contractor or general building contractor who is licensed by this State.
(f) One member who is a representative of the
general public.
[1:199:1911; A 1919, 221; 1939, 297; 1931 NCL § 5235]—(NRS
A 1959, 92; 1967, 278; 1977, 633)
NRS 439.040 State Board of Health: Term of office. After
the initial terms, the term of office of each member of the State Board of
Health is 4 years.
[Part 3:199:1911; A 1939, 297; 1931 NCL § 5237]—(NRS
A 1959, 93; 1977,
633)
NRS 439.060 State Board of Health: Meetings; quorum.
1. The State Board of Health may meet
regularly at least once every 6 months.
2. The State Board of Health may hold such
special meetings as may be called by the Chair. A special meeting must be
called whenever requested by the Chief Medical Officer, the Administrator or by
two members of the Board.
3. Four members constitute a quorum, but a
concurrence of at least a majority of the members of the Board is required on
all questions.
[Part 2:199:1911; A 1939, 297; 1931 NCL § 5236]—(NRS
A 1971, 358; 1977,
633; 1981,
398; 1983,
832, 1443)
NRS 439.070 State Board of Health: Secretary; Executive Officer. The Administrator is the Executive Officer of
the State Board of Health and shall act as Secretary of the Board. The
Administrator shall not be a member of the Board.
[Part 3:199:1911; A 1939, 297; 1931 NCL § 5237] +
[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A 1983, 832)
NRS 439.080 State Board of Health: Compensation of members and employees.
1. Each appointive member of the State
Board of Health is entitled to receive a salary of not more than $80 per day,
as fixed by the Board, while attending meetings of the Board.
2. While engaged in the business of the
State Board of Health, each member and employee of the Board is entitled to
receive the per diem allowance and travel expenses provided for state officers
and employees generally.
[Part 2:199:1911; A 1939, 297; 1931 NCL § 5236]—(NRS
A 1963, 938; 1975, 298; 1981, 1983; 1985, 424; 1989, 1715)
NRS 439.085 Chief Medical Officer: Appointment; unclassified service.
1. The Director shall appoint a Chief
Medical Officer.
2. The Chief Medical Officer is in the
unclassified service of the State and serves at the pleasure of the Director.
(Added to NRS by 2013, 3036)
NRS 439.090 State Health Officer and Administrator: Qualifications. Repealed. (See chapter 489, Statutes of Nevada
2013, at page 3071.)
NRS 439.095 Chief Medical Officer: Qualifications. The
Chief Medical Officer must:
1. Be a citizen of the United States;
2. Have not less than 5 years’ experience
in behavioral health or public health in a managerial or supervisory capacity;
and
3. Be:
(a) Licensed in good standing or eligible for a
license as a physician or administrative physician in Nevada;
(b) Licensed in good standing or eligible for a
license as a physician or administrative physician in the District of Columbia
or in any state or territory of the United States; or
(c) A physician or administrative physician who
has a master’s degree or doctoral degree in public health or a related field.
(Added to NRS by 2013, 3036)
NRS 439.100 State Health Officer: Appointment; vacancy; unclassified
service. Repealed. (See chapter
489, Statutes of Nevada 2013, at page 3071.)
NRS 439.110 Chief Medical Officer: Devotion of time to official duties;
cooperation with Nevada System of Higher Education.
1. Except as otherwise provided in
subsection 2 and NRS 284.143, the Chief
Medical Officer shall devote his or her full time to the official duties of the
Chief Medical Officer and shall not engage in any other business or occupation.
2. Notwithstanding the provisions of NRS 281.127, the Chief Medical Officer may
cooperate with the Nevada System of Higher Education in the preparation and
teaching of preservice professional workers in public health and in a program
providing additional professional preparation for behavioral health workers and
public health workers employed by the State of Nevada.
[Part 4:199:1911; A 1919, 221; 1939, 297; 1941, 89;
1943, 215; 1947, 752; 1943 NCL § 5238]—(NRS A 1960, 70; 1969, 1442; 1993, 403; 1995, 2314; 2013, 3037)
NRS 439.130 Chief Medical Officer and Administrator: Duties.
1. The Chief Medical Officer shall:
(a) Enforce all laws and regulations pertaining
to the public health.
(b) Investigate causes of disease, epidemics,
source of mortality, nuisances affecting the public health, and all other
matters related to the health and life of the people, and to this end the Chief
Medical Officer may enter upon and inspect any public or private property in
the State.
(c) Oversee the operation of facilities and
centers established pursuant to title 39 of NRS.
(d) Direct the work of subordinates and may
authorize them to act in his or her place and stead.
(e) Except as otherwise provided in subsection 5
of NRS 439.970, perform the duties prescribed in NRS 439.950 to 439.983,
inclusive.
(f) Perform such other duties as the Director
may, from time to time, prescribe.
Ê If the Chief
Medical Officer is not licensed to practice medicine in this State, he or she
shall not, in carrying out the duties of the Chief Medical Officer, engage in
the practice of medicine.
2. The Administrator shall direct the work
of the Division, administer the Division and perform such other duties as the
Director may, from time to time, prescribe.
[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL §
5239]—(NRS A 1963, 939; 1983, 833; 2009, 369, 2554; 2013, 3036,
3037)
NRS 439.135 Appointment of Commissioner of Food and Drugs and other agents
by Administrator. As provided in chapter 585 of NRS, the Administrator shall
designate and appoint, for the enforcement of chapter
585 of NRS, a Commissioner and such other agent or agents as the
Administrator may deem necessary.
(Added to NRS by 1959, 617; A 1963, 939; 1969, 616; 1983, 833)
NRS 439.140 Appointment or removal of subordinate officer or employee of
Division.
1. With the approval of the Director, the
Administrator shall appoint and may remove subordinate officers and employees
of the Division.
2. For the purpose of insuring the
impartial selection of personnel on the basis of merit, the Administrator may
fill all positions in the Division, with the exception of the positions of
Chief Medical Officer and professional persons employed for part-time duties,
from the classified service of the State.
[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL §
5239]—(NRS A 1963, 939; 1983, 833; 1985, 424)
Powers and Duties
NRS 439.150 State Board of Health supreme in matters concerning health;
Department designated agency for federal cooperation; fees.
1. The State Board of Health is hereby
declared to be supreme in all nonadministrative health matters. It has general
supervision over all matters, except for administrative matters and as
otherwise provided in NRS 439.950 to 439.983, inclusive, relating to the preservation of
the health and lives of citizens of this State and over the work of the Chief
Medical Officer and all district, county and city health departments, boards of
health and health officers.
2. The Department is hereby designated as
the agency of this State to cooperate with the federal authorities in the
administration of those parts of the Social Security Act which relate to the
general promotion of public health. It may receive and expend all money made
available to the Division by the Federal Government, the State of Nevada or its
political subdivisions, or from any other source, for the purposes provided in
this chapter. In developing and revising any state plan in connection with
federal assistance for health programs, the Department shall consider, without
limitation, the amount of money available from the Federal Government for those
programs, the conditions attached to the acceptance of that money and the
limitations of legislative appropriations for those programs.
3. Except as otherwise provided in NRS 576.128, the State Board of Health may
set reasonable fees for the:
(a) Licensing, registering, certifying,
inspecting or granting of permits for any facility, establishment or service
regulated by the Division;
(b) Programs and services of the Division;
(c) Review of plans; and
(d) Certification and licensing of personnel.
Ê Fees set
pursuant to this subsection must be calculated to produce for that period the
revenue from the fees projected in the budget approved for the Division by the
Legislature.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931
NCL § 5259] + [Part 6 1/2:199:1911; added 1939, 297; 1931 NCL § 5259.02]—(NRS A
1963, 939; 1967, 1168; 1973, 1406; 1981, 1599, 1898; 1987, 773; 1997, 3172; 2001, 415; 2005, 22nd
Special Session, 54; 2009, 369; 2013, 3038)
NRS 439.155 Contracts for cooperation with governmental entities and others;
effect of payments to Division for such cooperation; immunity from and
limitations on liability not waived.
1. For the purposes of this chapter, the
Department through the Division may cooperate, financially or otherwise, and
execute contracts or agreements with the Federal Government, any federal
department or agency, any other state department or agency, a county, a city, a
public district or any political subdivision of this State, a public or private
corporation, an individual or a group of individuals. Such a contract or
agreement may include provisions whereby the Division will provide staff,
services or other resources, or any combination thereof, without payment, to further
the purposes of the contract or agreement. If the contract or agreement
includes a provision whereby the Division is paid for the provision of staff,
services or other resources, the payment will be reimbursed directly to the
Division’s budget. Cooperation pursuant to this section does not of itself
relieve any person, department, agency or political subdivision of any
responsibility or liability existing under any provision of law.
2. If the Administrator or the
Administrator’s designee enters into a contract or agreement pursuant to
subsection 1 with a private nonprofit corporation, the contract or agreement
may allow:
(a) The Division to enter and inspect any
premises which are related to services provided under the contract or agreement
and to inspect any records which are related to services provided under the
contract or agreement to ensure the welfare of any consumer served by the
private nonprofit corporation under the contract or agreement;
(b) The Division and the private nonprofit
corporation to share confidential information concerning any consumer served by
the private nonprofit corporation under the contract or agreement; and
(c) The private nonprofit corporation to assign
rights and obligations of the private nonprofit corporation under the contract
or agreement to the Division.
3. The State, the Department and the
Division do not waive any immunity from liability or limitation on liability
provided by law by entering into a contract or agreement pursuant to this
section and any such contract or agreement must include a provision to that
effect.
(Added to NRS by 2013, 316)
NRS 439.160 Uniform compliance with provisions of chapter.
1. The Division is charged with:
(a) The thorough and efficient execution of the
provisions of this chapter in every part of the State; and
(b) Supervisory power over local health officers,
Ê to the end
that all of the requirements of this chapter shall be uniformly complied with.
2. The Division shall have authority to
investigate cases of irregularity or violation of the law, and all local health
officers shall aid the Division, upon request, in such investigations.
[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A
1963, 939)
NRS 439.170 Prevention of sickness and disease; legal action for enforcement
of laws and regulations. The
Division shall take such measures as may be necessary to prevent the spread of
sickness and disease, and shall possess all powers necessary to fulfill the
duties and exercise the authority prescribed by law and to bring actions in the
courts for the enforcement of all health laws and lawful rules and regulations.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931
NCL § 5259]—(NRS A 1963, 940)
NRS 439.180 Biennial report to Director by Administrator. The Administrator shall make a biennial report
to the Director, setting forth the condition of public health in the State and
making such recommendations for legislation, appropriations and other matters
as are deemed necessary or desirable.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931
NCL § 5259]—(NRS A 1963, 940; 1983, 833)
NRS 439.190 Hearings and witnesses. The
State Board of Health may hold hearings and summon witnesses to testify before
it.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931
NCL § 5259]
NRS 439.200 Regulations of State Board of Health: Adoption; effect;
variances; distribution.
1. The State Board of Health may by
affirmative vote of a majority of its members adopt, amend and enforce
reasonable regulations consistent with law:
(a) To define and control dangerous communicable
diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices
in the interests of the public health.
(d) To provide for the sanitary protection of
water and food supplies.
(e) To govern and define the powers and duties of
local boards of health and health officers, except with respect to the
provisions of NRS 444.440 to 444.620, inclusive, 444.650, 445A.170 to 445A.955, inclusive, and chapter 445B of NRS.
(f) To protect and promote the public health
generally.
(g) To carry out all other purposes of this
chapter.
2. Except as otherwise provided in NRS 444.650, those regulations have the
effect of law and supersede all local ordinances and regulations inconsistent
therewith, except those local ordinances and regulations which are more
stringent than the regulations provided for in this section.
3. The State Board of Health may grant a
variance from the requirements of a regulation if it finds that:
(a) Strict application of that regulation would
result in exceptional and undue hardship to the person requesting the variance;
and
(b) The variance, if granted, would not:
(1) Cause substantial detriment to the
public welfare; or
(2) Impair substantially the purpose of
that regulation.
4. Each regulation adopted by the State
Board of Health must be published immediately after adoption and issued in
pamphlet form for distribution to local health officers and the residents of
the State.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931
NCL § 5259]—(NRS A 1969, 880; 1971, 137, 807; 1977, 1138; 1979, 703; 1983, 329, 1129; 1987, 775; 1991, 2189; 2009, 1077)
NRS 439.230 Personal and statistical information to be secured from patient
admitted or committed to public or private institution.
1. All superintendents or managers, or
other persons in charge of hospitals, almshouses, lying-in or other
institutions, public or private, to which persons resort for treatment of
diseases, or confinement, or are committed by process of law, shall make a
record of all the personal and statistical particulars relative to the inmates
of their institutions at the time of their admission on the forms of the
certificates provided for by law and as directed by the State Board of Health.
2. In case of persons admitted or
committed for medical treatment of disease, the physician in charge shall
specify for entry in the record the nature of the disease and where, in his or
her opinion, it was contracted.
3. The personal particulars and information
required by this section shall be obtained from the patient, if it is
practicable to do so. When they cannot be so obtained, they shall be secured in
as complete a manner as possible from relatives, friends or other persons
acquainted with the facts.
[Part 17:199:1911; A 1915, 249; 1951, 312; 1953, 311]
NRS 439.240 State Public Health Laboratory: Maintenance by University of
Nevada School of Medicine; branch laboratories; purpose; administration;
reports.
1. The University of Nevada School of
Medicine shall maintain the State Public Health Laboratory, and may designate,
establish or maintain such branch laboratories as may be necessary.
2. The purpose of the State Public Health
Laboratory is:
(a) To make available, at such charges as may be
established, to health officials, the State Dairy Commission and licensed
physicians of the State, proper laboratory facilities for the prompt diagnosis
of communicable diseases.
(b) To make necessary examinations and analyses
of water, natural ice, sewage, milk, food and clinical material.
(c) To conduct research into the nature, cause,
diagnosis and control of diseases.
(d) To undertake such other technical and
laboratory duties as are in the interest of the health of the general public.
3. The person in charge of the State
Public Health Laboratory, or the person’s designee, must be a skilled
bacteriologist.
4. The person in charge of the State
Public Health Laboratory may have such technical assistants as that person, in
cooperation with the University of Nevada School of Medicine, considers
necessary.
5. Reports of investigations conducted at
the State Public Health Laboratory may be published from time to time in
bulletins and circulars.
6. If the University of Nevada School of
Medicine designates a branch laboratory pursuant to subsection 1 that is operated
or controlled by a public agency other than the University of Nevada School of
Medicine, the public agency and the University of Nevada School of Medicine
shall enter into a cooperative agreement pursuant to NRS 277.080 to 277.180, inclusive, concerning the branch
laboratory. The cooperative agreement must include, without limitation,
provisions setting forth the powers and duties of each party to the cooperative
agreement.
[1:230:1909; RL § 3941; NCL § 7060] + [2:230:1909; RL
§ 3942; NCL § 7061] + [3:230:1909; RL § 3943; NCL § 7062] + [4:230:1909; RL §
3944; NCL § 7063] + [5:230:1909; RL § 3945; NCL § 7064] + [33:199:1911; added
1919, 221; A 1939, 297; 1945, 177; 1943 NCL § 5267]—(NRS A 1963, 268, 1185; 1983, 833; 1997, 1204; 2001, 2438; 2009, 30)
NRS 439.255 Masks and face shields for use in cardiopulmonary resuscitation:
Regulations; provision to peace officers and firefighters; waiver of
requirements; civil immunity for use.
1. The State Board of Health shall adopt
by regulation the types of portable manual masks and face shields that are
approved by the Board to assist in the prevention of the spread of communicable
diseases during the administration of cardiopulmonary resuscitation. An
approved mask or face shield may not weigh more than 1 pound.
2. Except as otherwise provided in
subsection 3, every employer shall, without charge to the peace officer or
firefighter, provide each peace officer, whether or not the peace officer is on
duty, and each firefighter who is on duty, whether paid or voluntary, with:
(a) A portable manual mask and face shield
approved by the Board; and
(b) Initial training and instruction in the use
of the equipment.
Ê The mask,
shield and training must be provided not later than 30 days after the first day
of employment. The employer shall provide refresher courses in the use of the
equipment when necessary.
3. An employer may apply to the Division
for a waiver of the requirements of subsection 2 with regard to each peace
officer or firefighter who, in the normal course of his or her employment, is
not likely ever to administer cardiopulmonary resuscitation. The application
must be in writing, specify the reasons why the employee is not likely in the
normal course of his or her employment ever to administer cardiopulmonary resuscitation
and be sworn to by the employer or his or her authorized representative. The
Division shall grant or deny the waiver based on the information contained in
the application.
4. A waiver granted pursuant to subsection
3 expires upon any change in the duties of the peace officer or firefighter
which makes it likely that he or she will administer cardiopulmonary
resuscitation at some time in the normal course of his or her employment. The
date of the change in duties shall be deemed to be the first day of employment
for purposes of subsection 2.
5. An injury or illness which results from
the use of a mask or shield by a peace officer or firefighter pursuant to
subsection 2 may not be considered as negligence or as causation in any civil
action brought against a peace officer or firefighter or his or her employer.
6. As used in this section:
(a) “Employer” means any person who employs or
provides equipment to a firefighter or peace officer, including the State of
Nevada and its political subdivisions.
(b) “Peace officer” means:
(1) Sheriffs of counties and of
metropolitan police departments and their deputies;
(2) Personnel of the Nevada Highway Patrol
whose principal duty is to enforce one or more laws of this State and any
person promoted from such a duty to a supervisory position related to such a
duty; and
(3) Marshals and police officers of cities
and towns.
(Added to NRS by 1989, 307; A 2001, 2615; 2005, 327, 675)
NRS 439.265 Immunization Information System: Establishment and
administration; duty to report information concerning immunization administered
to child; contents and form of report; parent or guardian to be provided
information concerning System; parent or guardian may decline inclusion of
information in System; disclosure of information; regulations.
1. The Department shall establish an
Immunization Information System to collect information concerning the
immunization of children in this State. The Immunization Information System
must be administered by the State Board of Health.
2. Except as otherwise provided in
subsection 4, a person who administers any immunization to a child which is
recommended and approved by the United States Public Health Service Advisory
Committee on Immunization Practices, or its successor organization, on or after
July 1, 2009, shall report information concerning the child and the
immunization provided to the child to the Department for inclusion in the
Immunization Information System. The information reported must include, without
limitation:
(a) The immunization provided to the child;
(b) The name of the child;
(c) Demographic information concerning the child,
including, without limitation, the age, gender and race of the child; and
(d) Any other information required by regulation
of the State Board of Health, taking into consideration applicable requirements
for information relating to the immunization of children of:
(1) The Centers for Disease Control and
Prevention of the United States Department of Health and Human Services; and
(2) Any other governmental entity.
3. A person who reports information
pursuant to subsection 2 may also report information concerning the history of
the immunizations of the child if known to the Department for inclusion in the
Immunization Information System.
4. The State Board of Health shall
establish the form for reporting information to the Department for inclusion in
the Immunization Information System and the form which the person administering
the immunization must provide to the parent or guardian of the child receiving
the immunization. The form provided to the parent or guardian must inform the
parent or guardian about the Immunization Information System and must allow the
parent or guardian to decline inclusion of the information concerning his or
her child in the System.
5. The information in the Immunization
Information System may only be disclosed to any person who administers
immunizations to a child to determine the immunization status of the child and
to the persons or governmental entities authorized pursuant to the regulations
adopted by the State Board of Health.
6. The State Board of Health shall adopt
regulations to carry out the provisions of this section.
(Added to NRS by 2007, 1515)
NRS 439.270 Persons diagnosed with epilepsy: State Board of Health to define
“epilepsy” for purposes of section; reports required to be submitted to
Division and to Department of Motor Vehicles; confidentiality of reports;
criminal penalty.
1. The State Board of Health shall define
epilepsy for the purposes of the reports hereinafter referred to in this
section.
2. All physicians shall report immediately
to the Division, in writing, the name, age and address of every person
diagnosed as a case of epilepsy.
3. The Division shall report, in writing,
to the Department of Motor Vehicles the name, age and address of every person
reported to it as a case of epilepsy.
4. Except as otherwise provided in NRS 239.0115, the reports are for the
information of the Department of Motor Vehicles and must be kept confidential
and used solely to determine the eligibility of any person to operate a vehicle
on the streets and highways of this State.
5. A violation of this section is a
misdemeanor.
[1:269:1953] + [2:269:1953] + [3:269:1953] +
[4:269:1953] + [5:269:1953]—(NRS A 1957, 630; 1963, 941; 1985, 1990; 2001, 2615; 2007, 2107)
DENTAL AND ORAL HEALTH
NRS 439.271 Definitions. As used
in NRS 439.271 to 439.2794,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 439.2711, 439.2712
and 439.2713 have the meanings ascribed to them in
those sections.
(Added to NRS by 2009, 26)
NRS 439.2711 “Advisory Committee” defined. “Advisory
Committee” means the Advisory Committee on the State Program for Oral Health
created by NRS 439.2792.
(Added to NRS by 2009, 26)
NRS 439.2712 “Program” defined. “Program”
means the State Program for Oral Health established by NRS
439.2791.
(Added to NRS by 2009, 26)
NRS 439.2713 “Provider of oral health care” defined. “Provider
of oral health care” means a dentist or dental hygienist licensed pursuant to
the provisions of chapter 631 of NRS.
(Added to NRS by 2009, 26)
NRS 439.272 State Dental Health Officer: Appointment by Division;
classification; qualifications; duties; outside pursuits; solicitation and
acceptance of gifts and grants.
1. The Division shall appoint, with the
consent of the Director, a State Dental Health Officer, who is in the
unclassified service of the State. The State Dental Health Officer must:
(a) Be a resident of this State;
(b) Hold a current license to practice dentistry
issued pursuant to chapter 631 of NRS; and
(c) Be appointed on the basis of his or her
education, training and experience and his or her interest in public dental
health and related programs.
2. The State Dental Health Officer shall:
(a) Determine the needs of the residents of this
State for public dental health;
(b) Provide the Advisory Committee and the
Division with advice regarding public dental health;
(c) Make recommendations to the Advisory
Committee, the Division and the Legislature regarding programs in this State
for public dental health;
(d) Supervise the activities of the State Public
Health Dental Hygienist; and
(e) Seek such information and advice from the
Advisory Committee or a dental school of the Nevada System of Higher Education
as necessary to carry out his or her duties.
3. The State Dental Health Officer shall
devote all of his or her time to the business of his or her office and shall
not pursue any other business or vocation or hold any other office of profit.
4. Pursuant to NRS
439.2794, the Division may solicit and accept gifts and grants to pay the
costs associated with oral health programs.
(Added to NRS by 2001, 2690; A 2005, 1569; 2005, 22nd
Special Session, 54; 2009, 28)
NRS 439.279 State Public Health Dental Hygienist: Appointment;
classification; qualifications; duties; outside pursuits; solicitation and
acceptance of gifts and grants.
1. The Division shall appoint, with the
consent of the Director, a State Public Health Dental Hygienist, who is in the
unclassified service of the State. The State Public Health Dental Hygienist
must:
(a) Be a resident of this State;
(b) Hold a current license to practice dental
hygiene issued pursuant to chapter 631 of NRS
with a special endorsement issued pursuant to NRS 631.287; and
(c) Be appointed on the basis of his or her
education, training and experience and his or her interest in public health
dental hygiene and related programs.
2. The State Public Health Dental
Hygienist:
(a) Shall assist the State Dental Health Officer
in carrying out his or her duties; and
(b) May:
(1) Provide advice and make
recommendations to the Advisory Committee and the Division regarding programs
in this State for public health dental hygiene; and
(2) Perform any acts authorized pursuant
to NRS 631.287.
3. The State Public Health Dental
Hygienist shall devote all of his or her time to the business of his or her
office and shall not pursue any other business or vocation or hold any other
office of profit.
4. The Division may solicit and accept
gifts and grants to pay the costs associated with the position of State Public
Health Dental Hygienist.
(Added to NRS by 2001, 2690; A 2005, 1569; 2005, 22nd
Special Session, 55; 2009, 29)
NRS 439.2791 State Program for Oral Health: Establishment; purpose. There is hereby established within the
Division the State Program for Oral Health to increase public knowledge and
raise public awareness of the importance of oral health and to educate the
residents of this State on matters relating to oral health, including, without
limitation:
1. Proper oral hygiene;
2. The factors that increase the risk of a
person developing oral diseases; and
3. The prevention and treatment of oral
diseases.
(Added to NRS by 2009, 26)
NRS 439.2792 Advisory Committee on the State Program for Oral Health:
Creation; duties; appointment and terms of members; quorum; Chair; meetings.
1. There is hereby created within the
Division of Public and Behavioral Health the Advisory Committee on the State
Program for Oral Health to advise and make recommendations to the Division
concerning the Program.
2. The Administrator shall appoint to the
Advisory Committee 13 members, including, without limitation, one or more
persons who are representatives of:
(a) Public health care professionals and
educators;
(b) Providers of oral health care;
(c) Persons knowledgeable in promoting and
educating the public on oral health issues; and
(d) National dental and other oral health
organizations and their local or state chapters.
3. After the initial terms, the members of
the Advisory Committee serve terms of 2 years commencing on July 1. A member
may be reappointed.
4. Members of the Advisory Committee serve
without compensation, except that each member is entitled, while engaged in the
business of the Advisory Committee, to the per diem allowance and travel
expenses provided for state officers and employees generally.
5. Any member of the Advisory Committee who
is a public employee must be granted administrative leave from his or her
duties to engage in the business of the Advisory Committee without loss of his
or her regular compensation. Such leave does not reduce the amount of the
member’s other accrued leave.
6. A majority of the members of the
Advisory Committee constitutes a quorum for the transaction of business, and a
majority of a quorum present at any meeting is sufficient for any official
action taken by the Advisory Committee.
7. The Advisory Committee shall:
(a) At its first meeting and annually thereafter,
elect a Chair from among its members;
(b) Meet at the call of the Director, the Chair
or a majority of its members as necessary and within the budget of the Advisory
Committee; and
(c) On or before July 1 of each year, submit a
written report to the Administrator summarizing the activities of the Advisory
Committee and any recommendations of the Advisory Committee.
(Added to NRS by 2009, 27)
NRS 439.2793 Duties of Division. To
carry out the provisions of NRS 439.271 to 439.2794, inclusive, the Division shall, with advice
and recommendations of the Advisory Committee:
1. Establish a solid scientific database
of the most current information on the importance of oral health, using
information obtained through surveillance, epidemiology and research related to
oral health;
2. Provide educational materials and
information on research concerning matters relating to oral health to health
care professionals, providers of oral health care and the public, including,
without limitation, materials and information concerning programs and services
available to the public and strategies for the prevention of oral diseases;
3. Coordinate the establishment of
regional coalitions to support the efforts of the Program;
4. Increase public awareness about the
prevention, detection and treatment of oral diseases among state and local
governmental officials who are responsible for matters relating to oral health,
health care professionals, providers of oral health care and policymakers;
5. Coordinate state and local programs and
services to ensure that the public has adequate access to dental services;
6. Work with other governmental agencies,
national health organizations and their local and state chapters, community and
business leaders, community organizations and providers of oral health care to:
(a) Coordinate the work of the Program with the
work of those agencies, organizations and persons; and
(b) Maximize the resources of state and local
governments in the efforts to educate the public about the importance of oral health,
including, without limitation, the prevention and detection of oral diseases
and proper oral hygiene;
7. Develop and carry out public awareness
and media campaigns in each county, targeting groups of persons who are
considered at risk for developing oral diseases;
8. Evaluate the need to improve the
quality and accessibility of dental services that exist in communities in this
State; and
9. Develop and coordinate, in cooperation
with the Department of Education, recommendations for dental programs to
encourage proper oral hygiene by children.
(Added to NRS by 2009, 27)
NRS 439.2794 Powers of Division to enter into contracts to apply for and
accept gifts, donations, bequests and grants and to apply for federal waivers;
disposition of money; administration of account.
1. The Division may:
(a) Enter into contracts for any services
necessary to carry out or assist the Division in carrying out the provisions of
NRS 439.271 to 439.2794,
inclusive, with public or private entities that have the appropriate expertise
to provide such services;
(b) Apply for and accept any gift, donation,
bequest, grant or other source of money to carry out the provisions of NRS 439.271 to 439.2794,
inclusive;
(c) Apply for any waiver from the Federal
Government that may be necessary to maximize the amount of money this State may
obtain from the Federal Government to carry out the provisions of NRS 439.271 to 439.2794,
inclusive; and
(d) Adopt regulations as necessary to carry out
and administer the Program.
2. Any money that is accepted by the
Division pursuant to subsection 1 must be deposited in the State Treasury and
accounted for separately in the State General Fund.
3. The Administrator shall administer the
account created pursuant to subsection 2. Money in the account does not lapse
to the State General Fund at the end of the fiscal year. The interest and
income earned on the money in the account must be credited to the account. Any
claims against the account must be paid as other claims against the State are
paid.
(Added to NRS by 2009, 28; A 2013, 3038)
LOCAL ADMINISTRATION
County Board of Health and County Health Officer
NRS 439.280 County board of health: Composition; officers; service without
additional compensation.
1. Each county shall establish a county
board of health to consist of the board of county commissioners, the sheriff
and the county health officer.
2. The county health officer shall act as
chair of the county board of health, and the county clerk shall be the clerk of
the board.
3. All of the officers shall serve without
additional compensation.
[27:199:1911; added 1919, 221; A 1947, 471; 1943 NCL
§ 5261]
NRS 439.290 County health officer: Appointment; qualifications; term.
1. On or before January 1 next following
each general election, the board of county commissioners shall appoint a county
health officer for the county.
2. The county health officer must be
appointed on the basis of his or her graduate education in public health,
training, experience and interest in public health and related programs.
3. The term of office of the county health
officer is 2 years or until a successor has been appointed and qualified.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL §
2957; NCL § 5240]—(NRS A 1981, 603)
NRS 439.300 County health officer: Compensation. For
performing the duties prescribed by law, the county health officer shall
receive such compensation as is fixed by the board of county commissioners,
which compensation shall not be less than $25 per month. The board of county
commissioners is directed to allow a claim for $25 per month or for such
greater sum as the board may deem proper for the work performed.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL §
2957; NCL § 5240]
NRS 439.310 County health officer: Vacancy; appointment by Chief Medical
Officer. In the case of refusal or
neglect of any board of county commissioners to appoint a county health officer
for 30 days after January 1 next following any general election, or if a
vacancy shall exist in the office of county health officer for a period
exceeding 30 days, the Chief Medical Officer may make such appointment for the
county for that term and fix the compensation; and a county health officer so
appointed shall have the same duties, power and authority as though appointed
by the board of county commissioners.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL §
2957; NCL § 5240]—(NRS A 1963, 941)
NRS 439.320 County health officer: Executive officer of county board of
health; may be county physician. The
county health officer is the executive officer of the county board of health
and, if licensed to practice medicine in this State, may be county physician.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL §
2957; NCL § 5240]—(NRS A 1981, 603)
NRS 439.330 Deputy county health officer: Appointment; compensation; duties.
1. With the approval of the board of
county commissioners, the county health officer is empowered to appoint such
deputies as may be necessary.
2. Deputies shall receive such
compensation as is fixed by the board of county commissioners.
3. Not later than the 5th day of each
month, deputy health officers shall file monthly reports with the county health
officer. The reports shall be compiled by the county health officer and
forwarded to the Division not later than the 10th day of each month.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL §
2957; NCL § 5240]—(NRS A 1963, 941)
NRS 439.340 County board of health: Supervision by Division; reports. The county board of health shall be subject to
the supervision of the Division, and shall make such reports to the Division as
the State Board of Health may require.
[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891;
NCL § 5262]—(NRS A 1963, 941; 2013, 3039)
NRS 439.350 County board of health: Duties. The
county board of health shall:
1. Oversee all sanitary conditions of the
county in which the board is created.
2. Adopt such regulations as may be
necessary for the prevention, suppression and control of any contagious or
infectious disease dangerous to the public health, which regulations take
effect immediately upon approval by the State Board of Health.
3. File a copy of all of its adopted
regulations with the county clerk.
[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891;
NCL § 5262]—(NRS A 1983, 1130)
NRS 439.360 County board of health: Powers. The
county board of health may:
1. Abate nuisances in accordance with law.
2. Establish and maintain an isolation
hospital or quarantine station when necessary for the isolation or quarantine
of a person or a group of persons.
3. Restrain, quarantine and disinfect any
person or group of persons sick with or exposed to any contagious or infectious
disease that is dangerous to the public health.
4. Appoint quarantine officers when
necessary to enforce a quarantine, shall provide whatever medicines,
disinfectants and provisions which may be required, and shall arrange for the
payment of all debts or charges so incurred from any funds available, but each
patient shall, if the patient is able, pay for his or her food, medicine,
clothes and medical attendance.
5. Subject to the prior review and
approval of the board of county commissioners and except as otherwise provided
in NRS 576.128, adopt a schedule of
reasonable fees to be collected for issuing or renewing any health permit or
license required to be obtained from the board pursuant to a law of this state
or an ordinance adopted by any political subdivision of this state. Such fees
must be for the sole purpose of defraying the costs and expenses of the procedures
for issuing licenses and permits, and investigations related thereto, and not
for the purposes of general revenue.
[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891;
NCL § 5262]—(NRS A 1973, 1137; 1997, 1616, 3173; 1999, 649; 2003, 2195)
District Board of Health and District Health Officer in
Counties Whose Population is 700,000 or More
NRS 439.361 Applicability. The
provisions of NRS 439.361 to 439.368,
inclusive, apply to a county whose population is 700,000 or more.
(Added to NRS by 2005, 2464; A 2011, 1255)
NRS 439.362 Health district: Creation; composition; appointment and terms of
members; duty to maintain records; county, city and town boards of health
abolished.
1. A health district with a health
department consisting of a district health officer and a district board of
health is hereby created.
2. The district board of health consists
of:
(a) Representatives selected by the following
entities from among their elected members:
(1) Two representatives of the board of
county commissioners;
(2) Two representatives of the governing
body of the largest incorporated city in the county; and
(3) One representative of the governing
body of each other city in the county; and
(b) The following representatives, selected by
the elected representatives of the district board of health selected pursuant
to paragraph (a), who shall represent the health district at large and who must
be selected based on their qualifications without regard to the location within
the health district of their residence or their place of employment:
(1) Two representatives who are physicians
licensed to practice medicine in this State, one of whom is selected on the
basis of his or her education, training, experience or demonstrated abilities
in the provision of health care services to members of minority groups and
other medically underserved populations;
(2) One representative who is a nurse
licensed to practice nursing in this State;
(3) One representative who has a
background or expertise in environmental health or environmental health
services;
(4) One representative of a nongaming
business or from an industry that is subject to regulation by the health
district; and
(5) One representative of the association
of gaming establishments whose membership in the county collectively paid the
most gross revenue fees to the State pursuant to NRS 463.370 in the preceding year, who
must be selected from a list of nominees submitted by the association. If no
such association exists, the representative selected pursuant to this
subparagraph must represent the gaming industry.
3. Members of the district board of health
serve terms of 2 years. Vacancies must be filled in the same manner as the
original selection for the remainder of the unexpired term. Members serve
without additional compensation for their services, but are entitled to
reimbursement for necessary expenses for attending meetings or otherwise
engaging in the business of the board.
4. The district board of health shall meet
in July of each year to organize and elect one of its members as chair of the
board.
5. The county treasurer is the treasurer
of the district board of health. The treasurer shall:
(a) Keep permanent accounts of all money received
by, disbursed for and on behalf of the district board of health; and
(b) Administer the health district fund created
by the board of county commissioners pursuant to NRS
439.363.
6. The district board of health shall
maintain records of all of its proceedings and minutes of all meetings, which
must be open to inspection.
7. No county, city or town board of health
may be created in the county. Any county, city or town board of health in
existence when the district board of health is created must be abolished.
(Added to NRS by 2005, 2464; A 2011, 2505)
NRS 439.363 Health district fund: Creation.
1. The board of county commissioners shall
create a health district fund in the county treasury.
2. The money in the fund may only be used
to provide funding for the health district.
(Added to NRS by 2005, 2465)
NRS 439.364 District board of health: Meetings; quorum; duties.
1. The district board of health may meet
at such times and in such locations as the board determines by resolution.
2. Special meetings may be held upon
notice to each member of the district board of health as often as and in such
places within the county as the needs of the board require.
3. A majority of the members of the
district board of health constitutes a quorum.
4. The district board of health shall
adopt written policies and procedures for administering the board and
maintaining its programs, projects and activities.
(Added to NRS by 2005, 2465)
NRS 439.365 District board of health: Budget; adoption by board of county
commissioners; annual allocation.
1. The district board of health shall
prepare an annual operating budget for the health district. The district board
of health shall submit the budget to the board of county commissioners before
April 1 for funding for the following fiscal year. The budget must be adopted
by the board of county commissioners as part of the annual county budget.
2. The board of county commissioners shall
annually allocate for the support of the health district an amount that does
not exceed an amount calculated by multiplying the assessed valuation of all
taxable property in the county by the rate of 3.5 cents on each $100 of
assessed valuation. The amount allocated pursuant to this subsection must be
transferred from the county general fund to the health district fund created by
the board of county commissioners pursuant to NRS
439.363.
(Added to NRS by 2005, 2465)
NRS 439.366 Powers and jurisdiction of district board of health and district
health department; regulations of district board of health.
1. The district board of health has the
powers, duties and authority of a county board of health in the health
district.
2. The district health department has
jurisdiction over all public health matters in the health district.
3. In addition to any other powers, duties
and authority conferred on a district board of health by this section, the
district board of health may by affirmative vote of a majority of all the
members of the board adopt regulations consistent with law, which must take
effect immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in
the interests of the public health;
(c) Provide for the sanitary protection of water
and food supplies;
(d) Protect and promote the public health
generally in the geographical area subject to the jurisdiction of the health
district; and
(e) Improve the quality of health care services
for members of minority groups and medically underserved populations.
4. Before the adoption, amendment or
repeal of a regulation, the district board of health must give at least 30
days’ notice of its intended action. The notice must:
(a) Include a statement of either the terms or
substance of the proposal or a description of the subjects and issues involved,
and of the time when, the place where and the manner in which interested
persons may present their views thereon;
(b) State each address at which the text of the
proposal may be inspected and copied; and
(c) Be mailed to all persons who have requested
in writing that they be placed on a mailing list, which must be kept by the
board for such purpose.
5. All interested persons must be afforded
a reasonable opportunity to submit data, views or arguments, orally or in
writing, on the intended action to adopt, amend or repeal the regulation. With
respect to substantive regulations, the district board of health shall set a
time and place for an oral public hearing, but if no one appears who will be
directly affected by the proposal and requests an oral hearing, the district
board of health may proceed immediately to act upon any written submissions.
The district board of health shall consider fully all written and oral
submissions respecting the proposal.
6. The district board of health shall file
a copy of all of its adopted regulations with the county clerk.
(Added to NRS by 2005, 2466)
NRS 439.367 District board of health: Powers.
1. The district board of health may:
(a) Receive and disburse federal money;
(b) Submit project applications and programs of
projects to federal agencies; and
(c) Enter into formal agreements with federal
agencies concerning projects and programs.
2. The district board of health may accept
and disburse contributions from private sources, the State, the county, and the
cities and towns within the jurisdiction of the board to match federal money
for any project or program. All such contributions must be deposited with the
county treasurer to the credit of the health district fund created by the board
of county commissioners pursuant to NRS 439.363.
(Added to NRS by 2005, 2466)
NRS 439.368 Appointment, qualifications, powers and compensation of district
health officer; clinical program requiring medical assessment must be
supervised by physician.
1. The district board of health shall
appoint a district health officer for the health district who shall have full
authority as a county health officer in the health district.
2. The district health officer must:
(a) Be licensed to practice medicine or
osteopathic medicine in this State or be eligible for such a license and obtain
such a license within 12 months after being appointed as district health
officer;
(b) Have at least 5 years of management
experience in a local, state or national public health department, program,
organization or agency; and
(c) Have:
(1) At least a master’s degree in public
health, health care administration, public administration, business
administration or a related field;
(2) Work experience which is deemed to be
equivalent to a degree described in subparagraph (1), which may include,
without limitation, relevant work experience with a national organization which
conducts research on issues concerning public health; or
(3) Obtained certification from or be
eligible to be certified by the American Board of Preventive Medicine, the
American Osteopathic Board of Preventive Medicine, a successor organization or,
if there is no successor organization, by a similar organization designated by
the district board of health.
3. The district health officer is entitled
to receive a salary fixed by the district board of health and serves at the
pleasure of the board.
4. Any clinical program of a district
board of health which requires medical assessment must be carried out under the
direction of a physician.
(Added to NRS by 2005, 2465; A 2013, 3178)
District Board of Health and District Health Officer in
Counties Whose Population is Less Than 700,000
NRS 439.369 Applicability. The
provisions of NRS 439.369 to 439.410,
inclusive, apply to a county whose population is less than 700,000.
(Added to NRS by 2005, 2464; A 2011, 1255)
NRS 439.370 Health district: Creation. By
affirmative vote of:
1. The boards of county commissioners of
two or more adjacent counties;
2. The governing bodies of two or more
cities or towns within any county; or
3. The board of county commissioners and
the governing body or bodies of any incorporated city or cities, town or towns,
in such county,
Ê and with the
approval of the State Board of Health, there may be created a health district
with a health department consisting of a district health officer and a district
board of health.
[Part 35:199:1911; added 1939, 297; 1931 NCL §
5268.01]—(NRS A 1959, 104)
NRS 439.380 County or city board of health abolished upon creation of
district board of health. When any
county and one or more incorporated cities within the county establish a
district board of health, the county board of health and the board of health of
the city or cities must be abolished, and the district board of health must be
given the same powers, duties and authority that county board of health had
before the establishment of the district board of health.
[Part 35:199:1911; added 1939, 297; 1931 NCL §
5268.01]—(NRS A 1959, 104; 1987, 1723)
NRS 439.383 County boards of health within district abolished upon creation
of district board of health. When
two or more adjacent counties establish a district board of health, all county
boards of health in such district shall thereupon be abolished.
(Added to NRS by 1959, 103)
NRS 439.385 City and town boards of health abolished upon creation of
district board of health. When two
or more cities or towns establish a district board of health, all city and town
boards of health in such district shall thereupon be abolished.
(Added to NRS by 1959, 103)
NRS 439.390 District board of health: Composition; qualifications of
members.
1. A district board of health must consist
of two members from each county, city or town which participated in
establishing the district, to be appointed by the governing body of the county,
city or town in which they reside, together with one additional member to be
chosen by the members so appointed.
2. The additional member must be a
physician licensed to practice medicine in this State.
3. If the appointive members of the
district board of health fail to choose the additional member within 30 days
after the organization of the district health department, the additional member
may be appointed by the Chief Medical Officer.
[Part 35:199:1911; added 1939, 297; 1931 NCL §
5268.01]—(NRS A 1959, 104; 1963, 941; 1991, 1379)
NRS 439.400 Appointment, qualifications, powers and compensation of district
health officer; clinical program requiring medical assessment must be
supervised by physician.
1. The district board of health shall
appoint a district health officer for the district.
2. The district health officer must be
appointed on the basis of his or her graduate education in public health,
training, experience and interest in public health and related programs.
3. The district health officer has full
authority as a county health officer in the health district.
4. Any clinical program of a district
board of health which requires medical assessment must be carried out under the
direction of a physician.
5. The district health officer is entitled
to receive a salary fixed by the district board of health and serves at the
pleasure of that board.
[Part 35:199:1911; added 1939, 297; 1931 NCL §
5268.01]—(NRS A 1959, 104; 1981, 603)
NRS 439.410 Powers and jurisdiction of district board of health and district
health department; regulations of district board of health.
1. The district board of health has the
powers, duties and authority of a county board of health in the health district.
2. The district health department has
jurisdiction over all public health matters in the health district, except in
matters concerning emergency medical services pursuant to the provisions of chapter 450B of NRS.
3. In addition to any other powers, duties
and authority conferred on a district board of health by this section, the
district board of health may by affirmative vote of a majority of all the
members of the board adopt regulations consistent with law, which must take
effect immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in
the interests of the public health;
(c) Provide for the sanitary protection of water
and food supplies; and
(d) Protect and promote the public health
generally in the geographical area subject to the jurisdiction of the health
district.
4. Before the adoption, amendment or
repeal of a regulation, the district board of health must give at least 30
days’ notice of its intended action. The notice must:
(a) Include a statement of either the terms or
substance of the proposal or a description of the subjects and issues involved,
and of the time when, the place where and the manner in which interested
persons may present their views thereon.
(b) State each address at which the text of the
proposal may be inspected and copied.
(c) Be mailed to all persons who have requested
in writing that they be placed on a mailing list, which must be kept by the
district board for such purpose.
5. All interested persons must be afforded
a reasonable opportunity to submit data, views or arguments, orally or in
writing, on the intended action to adopt, amend or repeal the regulation. With
respect to substantive regulations, the district board shall set a time and
place for an oral public hearing, but if no one appears who will be directly
affected by the proposal and requests an oral hearing, the district board may
proceed immediately to act upon any written submissions. The district board
shall consider fully all written and oral submissions respecting the proposal.
6. Each district board of health shall
file a copy of all of its adopted regulations with the county clerk of each
county in which it has jurisdiction.
[Part 35:199:1911; added 1939, 297; 1931 NCL §
5268.01]—(NRS A 1959, 104; 1973, 314; 1979, 161; 1983, 330; 1995, 2546; 2005, 2467)
City Board of Health and City Health Officer
NRS 439.420 City board of health: Creation by ordinance.
1. Every city of population categories one
and two shall provide by ordinance for the establishment of a board of health.
2. A city of population category three may
provide by ordinance for the establishment of a board of health.
[Part 29:199:1911; added 1919, 221; 1919 RL p. 2892;
NCL § 5263]—(NRS A 2001, 635)
NRS 439.430 City board of health: Members; appointments; qualifications and
compensation of city health officer.
1. The city board of health shall be composed
of three members appointed by the mayor, at least one of whom may be learned in
sanitary science and public health practice and experienced in the diagnosis of
infectious diseases, in which case that member shall be the city health officer
and the executive officer of the city board of health.
2. If no member, or if more than one
member, is experienced in the diagnosis of infectious diseases and learned in
sanitary science, the city board of health shall appoint the city health
officer.
3. The compensation of the city health
officer shall be prescribed by the city council and the compensation, together
with his or her necessary expenses, shall be paid by the municipality in which
the city health officer serves.
[Part 29:199:1911; added 1919, 221; 1919 RL p. 2892;
NCL § 5263]
NRS 439.440 Inclusion of city in county or district health department. The governing authorities of any incorporated
city may abolish the offices of the city board of health and the office of the
city health officer for such city and thereby signify the city’s consent to be
included in a county or district health department. The powers and duties of
the city board of health and the city health officer shall devolve upon the
county or district health department.
[Part 36:199:1911; added 1939, 297; 1931 NCL §
5268.02]
NRS 439.450 Withdrawal of city from county or district health department;
re-establishment of city health department. The
governing authorities of any incorporated city which has consented to be
included in a county or district health department may, after a period of 3
years following such inclusion, provide by resolution for withdrawal therefrom
and for the re-establishment of a city health department for the city.
[Part 36:199:1911; added 1939, 297; 1931 NCL §
5268.02]
NRS 439.460 City board of health: Duties. The
city board of health shall:
1. Oversee all sanitary conditions of the
city in which the board is created.
2. Adopt such regulations as may be
necessary for the prevention, suppression and control of any contagious or
infectious disease dangerous to the public health, which regulations take
effect immediately upon approval by the State Board of Health.
3. File a copy of all of its adopted
regulations with the city clerk.
[Part 30:199:1911; added 1919, 221; 1919 RL p. 2892;
NCL § 5264]—(NRS A 1983, 1130)
NRS 439.470 City board of health: Powers. The
city board of health may:
1. Abate nuisances in accordance with law.
2. Establish a temporary isolation
hospital or quarantine station when an emergency demands the isolation or
quarantine of a person or a group of persons.
3. Restrain, quarantine and disinfect any
person or a group of persons sick with or exposed to any contagious or
infectious disease which is dangerous to the public health.
4. Appoint quarantine officers when
necessary to enforce a quarantine, and shall provide whatever medicines,
disinfectants and provisions which may be required. The city council shall pay
all debts or charges so incurred, but each patient shall, if able, pay for his
or her food, medicine, clothes and medical attendance.
5. Subject to the prior review and
approval of the governing body of the city and except as otherwise provided in NRS 576.128, adopt a schedule of
reasonable fees to be collected for issuing or renewing any health permit or
license required to be obtained from such board pursuant to state law or an
ordinance adopted by any political subdivision. Such fees must be for the sole
purpose of defraying the costs and expenses of the procedures for issuing
licenses and permits, and investigations related thereto, and not for the
purposes of general revenue.
[Part 30:199:1911; added 1919, 221; 1919 RL p. 2892;
NCL § 5264]—(NRS A 1973, 1137; 1997, 3173; 2003, 2195)
Extermination and Abatement of Mosquitoes, Flies, Other
Insects and Rats
NRS 439.471 Applicability. The provisions
of NRS 439.471 to 439.479,
inclusive, apply to any health district created pursuant to NRS 439.362 or 439.370.
(Added to NRS by 2009, 1499)
NRS 439.473 Authority of district health officer to issue order for
extermination or abatement of nuisance; authorized actions. A district health officer or his or her
designee who issues an order for the extermination or abatement of mosquitoes,
flies, other insects, rats or any breeding place thereof may authorize and take
any action necessary to abate the nuisance or prevent its recurrence,
including, without limitation:
1. Abate any stagnant pool of water or
other breeding place for mosquitoes, flies, other insects or rats;
2. Treat with oil, other larvicidal
material, other chemicals or other material any breeding place of mosquitoes,
flies, other insects or rats;
3. Build, construct, repair and maintain
necessary dikes, levees, cuts, canals or ditches upon any land, and acquire by
purchase, condemnation or other lawful means, in the name of the health
district, any land, right-of-way, easement, property or material necessary for
the extermination or abatement of mosquitoes, flies, other insects, rats or any
breeding place thereof;
4. Enter into contracts to indemnify or
compensate any owner of real or other property for any injury or damage caused
by the use or taking of property for dikes, levees, cuts, canals or ditches;
5. Enter upon without hindrance any land,
within or without the health district, to determine whether breeding places of
mosquitoes, flies, other insects or rats exist upon that land; and
6. Determine whether any person subject to
an order issued pursuant to NRS 439.475 has
complied with the order.
(Added to NRS by 2009, 1499)
NRS 439.475 Notice of order for abatement of nuisance; duty of health
district if owner fails to comply with order.
1. A district health officer may issue an
order requiring an owner of real property to abate and prevent the recurrence
of any mosquitoes, flies, other insects, rats or any breeding place thereof by
providing notice of the order to the owner by mail addressed to the last known
address of the owner. The order must:
(a) Provide that the owner shall abate the
nuisance and prevent its recurrence; and
(b) Specify the period within which the abatement
must be completed.
2. If the owner of the real property does
not comply with the order within the time specified, the health district shall
abate the nuisance and take all necessary steps to prevent its recurrence.
(Added to NRS by 2009, 1499)
NRS 439.477 Lien on real property for costs of abating nuisance; action to
foreclose lien.
1. All money expended by a health district
in abating a nuisance and preventing its recurrence on real property pursuant
to NRS 439.475 constitutes a lien upon the property
and may be recovered by an action against the property.
2. Notice of the lien must be filed and
recorded by the health district in the office of the county recorder of the
county in which the property is situated not later than 6 months after the date
on which the health district completes the abatement.
3. Any action to foreclose the lien must
be commenced not later than 6 months after the filing and recording of the
notice of the lien.
4. An action commenced pursuant to
subsection 3 must be brought by the health district in the name of the health
district.
5. When the property is sold, enough of
the proceeds to satisfy the lien and the costs of foreclosure must be paid to
the health district and the surplus, if any, must be paid to the owner of the
property if known, and if not known, must be paid into the court in which the
lien was foreclosed for the use of the owner if ascertained.
(Added to NRS by 2009, 1499)
NRS 439.479 Regulations; enforcement; notice to district board of health of
failure to maintain rental dwelling unit in habitable condition.
1. In addition to any other powers, duties
and authority conferred on a district board of health, the district board of health
may by affirmative vote of a majority of all the members of the board adopt
regulations consistent with law, which must take effect immediately on their
approval by the State Board of Health, to:
(a) Regulate any health hazard on residential
property;
(b) Regulate any health hazard in a rental
dwelling unit; and
(c) Regulate any health hazard on commercial
property.
2. The district board of health may adopt
regulations to ensure the enforcement of laws that protect the public health
and safety associated with the condition of rental dwelling units and to
recover all costs incurred by the district board of health relating thereto.
Any regulation adopted pursuant to this subsection must be provided by the
landlord of a rental dwelling unit to a tenant upon request to ensure that the
landlord and the tenant understand their respective rights and responsibilities
clearly.
3. In carrying out its duties relating to
the protection of the public health and safety associated with the condition of
rental dwelling units, the district board of health may:
(a) Take any enforcement action it determines
necessary; and
(b) Establish an administrative hearing process,
including, without limitation, the hiring of qualified hearing officers.
4. If a tenant of a rental dwelling unit
provides written notice to the landlord pursuant to NRS 118A.355 specifying a failure by the
landlord to maintain the dwelling unit in a habitable condition and requesting
that the landlord remedy the failure and the landlord fails to remedy the
failure or to make a reasonable effort to do so within the time prescribed in NRS 118A.355, the tenant may, in
addition to any remedy provided in NRS
118A.355, provide to the district board of health a copy of the written
notice that the tenant provided to the landlord. If, upon inspection of the
dwelling unit, the district board of health determines that either the landlord
or the tenant has failed to maintain the dwelling unit in a habitable
condition, the district board of health may refer the matter to the
administrative hearing process if established pursuant to subsection 3 or take
any action with respect to the dwelling unit which is authorized by this
section or the regulations adopted pursuant thereto.
5. Before the adoption, amendment or
repeal of a regulation, the district board of health must give at least 30
days’ notice of its intended action. The notice must:
(a) Include a statement of either the terms or
substance of the proposal or a description of the subjects and issues involved
and of the time when, the place where and the manner in which interested
persons may present their views thereon;
(b) State each address at which the text of the
proposal may be inspected and copied; and
(c) Be mailed to all persons who have requested
in writing that they be placed on a mailing list, which must be kept by the
board for such purpose.
6. All interested persons must be afforded
a reasonable opportunity to submit data, views or arguments, orally or in
writing, on the intended action to adopt, amend or repeal the regulation. With
respect to substantive regulations, the district board of health shall set a
time and place for an oral public hearing, but if no one appears who will be
directly affected by the proposal and requests an oral hearing, the district
board of health may proceed immediately to act upon any written submissions.
The district board of health shall consider fully all written and oral
submissions respecting the proposal.
7. The district board of health shall file
a copy of all of its adopted regulations with the county clerk.
8. As used in this section:
(a) “Commercial property” means any real property
which is not used as a dwelling unit and is not occupied as, or designed or
intended for occupancy as, a residence or sleeping place.
(b) “Dwelling unit” has the meaning ascribed to
it in NRS 118A.080.
(c) “Health hazard” means any biological,
physical or chemical exposure, condition or public nuisance that may adversely
affect the health of a person.
(Added to NRS by 2009, 1500)
Removal and Remediation of Controlled Substances and
Precursors
NRS 439.4797 Powers of boards of health; regulations by State Environmental
Commission.
1. The board of health or its agent shall,
for the purposes of NRS 40.140, 40.770, 202.450
and 489.776, evaluate the removal or
remediation by any entity certified or licensed to do so of:
(a) Substances involving a controlled substance,
immediate precursor or controlled substance analog; and
(b) Any material, compound, mixture or
preparation that contains any quantity of methamphetamine.
2. The State Environmental Commission
shall adopt regulations:
(a) To carry out the provisions of subsection 1;
(b) Establishing standards pursuant to which a
building or place which was used for the purpose of unlawfully manufacturing a
controlled substance, immediate precursor or controlled substance analog may be
deemed safe for habitation for the purposes of NRS 40.140 and 202.450; and
(c) Establishing standards pursuant to which any
property that is or has been the site of a crime that involves the
manufacturing of any material, compound, mixture or preparation that contains
any quantity of methamphetamine may be deemed safe for habitation for the
purposes of NRS 40.770 and 489.776.
3. As used in this section:
(a) “Board of health” means:
(1) In a county whose population is
700,000 or more, the district board of health; or
(2) In a county whose population is less
than 700,000, the State Board of Health.
(b) “Controlled substance analog” has the meaning
ascribed to it in NRS 453.043.
(c) “Immediate precursor” has the meaning
ascribed to it in NRS 453.086.
(Added to NRS by 2009, 824;
A 2011,
1255)
Local Health Regulations
NRS 439.480 Local health officer: Supervision; jurisdiction. The county health officer has supervision over
all matters pertaining to the preservation of the lives and health of the
people of the county, except incorporated cities of population categories one
and two having a health officer appointed pursuant to the provisions of this
chapter, which are under the jurisdiction of the city health officer, subject
to the supervision and control of the Division.
[Part 31:199:1911; added 1919, 221; 1919 RL p. 2892;
NCL § 5265]—(NRS A 1963, 942; 2001, 635)
NRS 439.490 Abatement or removal of nuisance. Every
health officer or a designee of the health officer may order the abatement or
removal of any nuisance detrimental to the public health in accordance with the
laws relating to such matters.
[Part 31:199:1911; added 1919, 221; 1919 RL p. 2892;
NCL § 5265]—(NRS A 2009, 1501)
Assessment for Services Provided to County
NRS 439.4905 Payment of assessment; exemption; regulations.
1. Unless an exemption is approved
pursuant to subsection 3, each county shall pay an assessment to the Division,
in an amount determined by the Division, for the costs of services provided in
that county by the Division or by the Chief Medical Officer, including, without
limitation, services provided pursuant to this chapter and chapters 441A, 444,
446 and 583
of NRS and the regulations adopted pursuant to those chapters, regardless of
whether the county has a local health authority.
2. Each county shall pay the assessment to
the Division in quarterly installments that are due on the first day of the
first month of each calendar quarter.
3. A county may submit a proposal to the
Governor for the county to carry out the services that would otherwise be
provided by the Division or the Chief Medical Officer pursuant to this chapter
and chapters 441A, 444, 446 and 583 of NRS and the regulations adopted pursuant
to those chapters. If the Governor approves the proposal, the Governor shall
submit a recommendation to the Interim Finance Committee to exempt the county
from the assessment required pursuant to subsection 1. The Interim Finance
Committee, upon receiving the recommendation from the Governor, shall consider
the proposal and determine whether to approve the exemption. In considering
whether to approve the exemption, the Interim Finance Committee shall consider,
among other things, the best interests of the State, the effect of the
exemption and the intent of the Legislature in requiring the assessment to be
paid by each county.
4. An exemption that is approved by the
Interim Finance Committee pursuant to subsection 3 must not become effective
until at least 6 months after that approval.
5. A county that receives approval pursuant
to subsection 3 to carry out the services that would otherwise be provided by
the Division or the Chief Medical Officer pursuant to this chapter and chapters 441A, 444,
446 and 583
of NRS and the regulations adopted pursuant to those chapters shall carry out
those services in the manner set forth in those chapters and regulations.
6. The Division may adopt such regulations
as necessary to carry out the provisions of this section.
(Added to NRS by 2011, 2505;
A 2013,
3039)
ADVISORY COMMITTEE FOR THE PREVENTION AND TREATMENT OF
STROKE AND HEART DISEASE
NRS 439.491 Definitions. As
used in NRS 439.491 to 439.494,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 439.4911 to 439.4919,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 293)
NRS 439.4911 “Committee” defined. “Committee”
means the Advisory Committee for the Prevention and Treatment of Stroke and
Heart Disease created by NRS 439.492.
(Added to NRS by 2009, 293)
NRS 439.4913 “Hospital” defined. “Hospital”
has the meaning ascribed to it in NRS
449.012.
(Added to NRS by 2009, 293)
NRS 439.4915 “Primary prevention” defined. “Primary
prevention” means the treatment of risk factors for stroke, heart disease and
other vascular disease in the general population before the onset of any
symptoms.
(Added to NRS by 2009, 293)
NRS 439.4917 “Provider of health care” defined. “Provider
of health care” has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 2009, 293)
NRS 439.4919 “Secondary prevention” defined. “Secondary
prevention” means the treatment of patients who have developed symptoms of
stroke, heart disease or other vascular disease that is designed to prevent the
onset of additional symptoms and attacks of the condition.
(Added to NRS by 2009, 293)
NRS 439.492 Creation; appointment, terms and compensation of members; Chair.
1. The Advisory Committee for the
Prevention and Treatment of Stroke and Heart Disease is hereby created within
the Division.
2. The Committee consists of the following
members:
(a) A board-certified neurologist who is licensed
to practice in this State and who is experienced in treating victims of stroke,
appointed by the Administrator;
(b) A board-certified cardiologist who is
licensed to practice in this State and who is experienced in treating victims
of heart disease and heart attacks, appointed by the Administrator;
(c) A provider of emergency medical services,
appointed by the Administrator;
(d) A representative of the Division whose
primary responsibilities relate to the licensure and certification of persons
who provide emergency medical services, appointed by the Administrator;
(e) A representative of the American Heart
Association or its successor, appointed by the Administrator;
(f) A person with knowledge or expertise in the
prevention of chronic diseases, appointed by the Administrator;
(g) A representative from rural Nevada, appointed
by the Administrator;
(h) A representative of hospitals in this State,
appointed by the Administrator;
(i) A representative of collectively bargained
plans, self-funded plans or other entities that pay claims under a contract for
health insurance in this State, appointed by the Administrator;
(j) A registered nurse who is licensed to
practice professional nursing in this State, appointed by the Administrator;
(k) A person who is a representative of a
population disproportionally affected by heart disease or stroke, appointed by
the Governor;
(l) A person who is a survivor of stroke,
appointed by the Majority Leader of the Senate;
(m) A person who is a survivor of heart disease,
appointed by the Speaker of the Assembly; and
(n) A representative of the Nevada System of
Higher Education who has knowledge of matters relating to public health,
appointed by the Board of Regents of the University of Nevada.
3. The Committee shall elect a Chair and a
Vice Chair from among its members to initial terms expiring on June 30, 2011.
After the initial election, each of those officers holds office for a term of 1
year beginning on July 1 of each year and may be reelected to one or more
successive terms. If a vacancy occurs, the members of the Committee shall elect
a replacement Chair or Vice Chair, as applicable, for the remainder of the
unexpired term.
4. After the initial terms, each member of
the Committee serves a term of 2 years beginning on July 1. Except for a member
appointed pursuant to paragraph (f) of subsection 2, a member may be
reappointed to one or more successive terms.
5. A vacancy on the Committee must be
filled for the remainder of the unexpired term in the same manner as the
original appointment.
6. The members of the Committee serve
without compensation. If sufficient money is available, each member is entitled
to receive the per diem allowance and travel expenses provided for state
officers and employees generally while attending meetings of the Committee or
otherwise engaged in the business of the Committee.
(Added to NRS by 2009, 293)
NRS 439.493 Duties; quorum.
1. The Committee shall, to the extent
money is available from any source:
(a) Adopt rules for its own governance.
(b) Meet at least once each calendar quarter and
at other times upon the call of the Chair.
(c) Make recommendations to the Division for the
establishment of a comprehensive plan for the prevention of stroke, heart
disease and other vascular disease in this State which must:
(1) Emphasize the development of a policy
for the primary prevention and secondary prevention of stroke;
(2) Include recommendations to eliminate
disparities in vascular health among populations that are disproportionally
affected by stroke, heart disease and other vascular disease;
(3) Include recommendations concerning
methods of increasing public knowledge and awareness relating to vascular
health, including, without limitation, the prevention and treatment of stroke,
heart disease and other vascular disease;
(4) Include recommendations concerning
acute stroke treatment, including treatment during the hyperacute and emergency
phases of stroke;
(5) Include recommendations concerning the
rehabilitation of patients and continuous quality improvement activities for
medical facilities and providers of health care; and
(6) Include recommendations concerning the
notification and response of emergency medical services.
(d) On or before May 1 of each year, submit a
written report to the Division summarizing the activities of the Committee and
any recommendations it has made.
(e) In carrying out its duties, solicit
suggestions and information from:
(1) Providers of emergency medical
services;
(2) Associations of medical professionals;
(3) Hospitals;
(4) The Division;
(5) The Board of Medical Examiners and
other boards responsible for issuing a license to a provider of health care;
and
(6) Other persons with interests relating
to vascular health as deemed necessary by the Committee.
2. In making the recommendations required
by paragraph (c) of subsection 1, the Committee shall not consider or address
any issue concerning the transfer of a patient.
3. A majority of the members of the
Committee constitutes a quorum for the transaction of business, and a majority
of a quorum present at any meeting is sufficient for any official action taken
by the Committee.
(Added to NRS by 2009, 294)
NRS 439.494 Powers of Division to enter into contracts and to apply for and
accept gifts, grants, donations and bequests; disposition of money;
administration of account.
1. The Division may:
(a) Enter into contracts for any service
necessary to carry out the provisions of NRS 439.491
to 439.494, inclusive; and
(b) Apply for and accept gifts, grants, donations
and bequests from any source to carry out the provisions of NRS 439.491 to 439.494,
inclusive.
2. Any money collected pursuant to
subsection 1 and any money appropriated to carry out the provisions of NRS 439.491 to 439.494,
inclusive:
(a) Must be deposited in the State Treasury and
accounted for separately in the State General Fund; and
(b) Except as otherwise provided by the terms of
a specific gift, grant, donation or bequest, must only be expended to carry out
the provisions of NRS 439.491 to 439.494, inclusive.
3. The Administrator shall administer the
account. Any interest or income earned on the money in the account must be
credited to the account.
4. Any claims against the account must be
paid as other claims against the State are paid.
(Added to NRS by 2009, 295;
A 2013,
3040)
CHRONIC OBSTRUCTIVE PULMONARY DISEASE PROGRAM
NRS 439.495 Establishment; purpose. Within
the limits of available money, the Division shall establish the Chronic
Obstructive Pulmonary Disease Program to establish strategies for reducing the
impact of chronic obstructive pulmonary disease and to coordinate efforts to
assist persons with chronic obstructive pulmonary disease in this State,
including, without limitation:
1. Developing effective strategies for the
prevention and early diagnosis of chronic obstructive pulmonary disease;
2. Making recommendations to health care
professionals concerning the treatment and management of chronic obstructive
pulmonary disease, including, without limitation, recommendations to increase
access to nonpharmacologic therapies;
3. Increasing public knowledge and
awareness of chronic obstructive pulmonary disease, including, without
limitation, the education of persons with chronic obstructive pulmonary
disease, their families, health care professionals, providers of health care
and the public on matters relating to chronic obstructive pulmonary disease;
and
4. Soliciting funding and other resources
to ensure the continuation of the Chronic Obstructive Pulmonary Disease Program
and other programs which address issues relating to chronic obstructive
pulmonary disease.
(Added to NRS by 2009, 303)
NRS 439.496 Powers of Division to apply for and accept gifts, grants and
bequests; disposition of money; administration of account.
1. The Division may apply for and accept
gifts, grants and bequests to carry out the provisions of this section and NRS 439.495.
2. Any money that is accepted by the
Division pursuant to subsection 1 and any legislative appropriations made to
carry out the Chronic Obstructive Pulmonary Disease Program established
pursuant to NRS 439.495 must be deposited in the
State Treasury and accounted for separately in the State General Fund.
3. Except as otherwise provided by the
terms of a gift, grant or bequest, expenditures from the account must be made
only for carrying out the provisions of this section and NRS
439.495.
4. The Administrator shall administer the
account.
5. Money in the account does not revert to
the State General Fund at the end of a fiscal year. The interest and income
earned on the money in the account, after deducting any applicable charges,
must be credited to the account. Any claims against the account must be paid as
other claims against the State are paid.
(Added to NRS by 2009, 304)
ARTHRITIS PREVENTION AND CONTROL PROGRAM
NRS 439.501 Establishment.
1. Within the limitations of available
funding, the Division shall establish the Arthritis Prevention and Control
Program to increase public knowledge and raise public awareness relating to
arthritis and to educate persons with arthritis, their families, health care
professionals, providers of health care and the public on matters relating to
arthritis, including, without limitation:
(a) The causes and nature of arthritis;
(b) The factors that increase the risk of a
person developing arthritis and the importance of early diagnosis of arthritis;
(c) The appropriate treatment of arthritis;
(d) Effective strategies to prevent or delay the
development of arthritis;
(e) The prevention and management of pain caused
by arthritis; and
(f) Effective interventions to reduce disability
and improve the quality of life of persons with arthritis.
2. The Arthritis Prevention and Control
Program must be established in accordance with the objectives set forth in the
National Arthritis Action Plan established by the Arthritis Foundation, the
Centers for Disease Control and Prevention, and the Association of State and
Territorial Health Officials.
(Added to NRS by 2003, 1343)
NRS 439.503 Advisory Committee: Establishment; appointment, terms and
compensation of members; quorum; Chair; meetings.
1. Within the limitations of available
funding, the Division shall establish the Advisory Committee on the Arthritis
Prevention and Control Program established pursuant to NRS
439.501 to make recommendations to the Division concerning the Arthritis
Prevention and Control Program.
2. The Administrator shall:
(a) Solicit recommendations for the appointment
of members to the Advisory Committee on the Arthritis Prevention and Control
Program from organizations that are representative of a broad range of persons
with arthritis and organizations interested in the issues affecting persons
with arthritis; and
(b) Appoint to the Advisory Committee such
members as the Administrator deems appropriate, including, without limitation,
one or more persons who are representative of:
(1) Persons with arthritis;
(2) Public health care professionals and
educators;
(3) Medical experts on arthritis;
(4) Providers of health care who provide
services related to arthritis;
(5) Persons knowledgeable in promoting and
educating the public on health issues; and
(6) National arthritis and other public
health organizations and their local or state chapters.
3. After the initial term, the term of
each member is 2 years. A member may be reappointed.
4. Members of the Advisory Committee serve
without compensation, except that each member is entitled, while engaged in the
business of the Advisory Committee and within the limitations of available
funding, to the per diem allowance and travel expenses provided for state
officers and employees generally.
5. A majority of the members of the
Advisory Committee constitutes a quorum for the transaction of business, and a
majority of a quorum present at any meeting is sufficient for any official
action taken by the Advisory Committee.
6. The Advisory Committee shall:
(a) At its first meeting and annually thereafter,
elect a Chair from among its members; and
(b) Meet at the call of the Administrator, the
Chair or a majority of its members quarterly or as is necessary, within the
budget of the Advisory Committee, to provide the Administrator with appropriate
assistance to carry out the Arthritis Prevention and Control Program.
(Added to NRS by 2003, 1344)
NRS 439.505 Duties of Division. To
carry out the purposes of the Arthritis Prevention and Control Program
established pursuant to NRS 439.501, the Division
shall, within the limitations of available funding:
1. Establish a solid scientific database
of the most current information on the prevention of arthritis and related
disabilities using information obtained through surveillance, epidemiology and
research relating to the prevention of arthritis, and use the database in carrying
out the Program;
2. Provide educational materials and
information on research concerning matters relating to arthritis to persons
with arthritis, their families, health care professionals, providers of health
care and the public, including, without limitation, materials and information
concerning programs and services available to the public and strategies for the
prevention and control of arthritis;
3. Identify and use educational and
training resources and services developed by organizations with appropriate
expertise in and knowledge of arthritis, including, without limitation, any
available technical assistance;
4. Increase awareness about the
prevention, detection and treatment of arthritis among state and local
governmental officials who are responsible for matters relating to public
health, health care professionals, providers of health care and policymakers;
5. Coordinate state and local programs and
services to reduce the public health burdens that result from arthritis;
6. Work to improve the quality of life of
persons with arthritis and their families while containing the costs of health
care services by providing lasting improvements in the delivery of health care
services to persons with arthritis;
7. Work with other governmental agencies,
national health organizations and their local and state chapters, community and
business leaders, community organizations and providers of health care and
other persons who provide services to persons with arthritis to:
(a) Coordinate the work of the Program with the
work of these agencies, organizations and persons; and
(b) Maximize the resources of state and local
governments in the efforts toward educating the public about arthritis,
including, without limitation, preventing, detecting, managing the pain caused
by, and treating arthritis;
8. Provide sufficient staff from the
Division and provide the appropriate training and education for the staff to
administer the Program;
9. Evaluate the need to improve the
quality and accessibility of arthritis services that exist in communities in
this state; and
10. Conduct an assessment of the services
provided for persons with arthritis in this state and the public awareness in
this state of issues concerning arthritis, including, without limitation:
(a) Any epidemiological and other research
concerning arthritis being conducted in this state;
(b) Any available technical assistance and
educational materials and programs concerning arthritis that are available
nationwide or within this state;
(c) The level of public awareness and awareness
of health care professionals and providers of health care concerning the
prevention, detection and treatment of arthritis;
(d) The needs of persons with arthritis and their
families or caregivers;
(e) The educational and other needs of providers
of health care who provide services to persons with arthritis;
(f) The services and education available to
persons with arthritis, including, without limitation, services for the
treatment and management of arthritis;
(g) Any programs or services that improve the
quality of life, lower health care costs and expand the physical capabilities
of those affected by arthritis; and
(h) The existence of services for the
rehabilitation of persons with arthritis.
(Added to NRS by 2003, 1344)
NRS 439.507 Powers of Division to enter into contracts, to apply for and
accept gifts, donations, bequests and grants and to apply for federal waivers;
disposition of money; administration of account.
1. The Division may:
(a) Within the limitations of available funding,
enter into contracts for any services necessary to carry out or assist the
Division in carrying out NRS 439.501 to 439.507, inclusive, with public or private entities
that have the appropriate expertise to provide such services;
(b) Apply for and accept any gift, donation,
bequest, grant or other source of money to carry out the provisions of NRS 439.501 to 439.507,
inclusive; and
(c) Apply for any waiver from the Federal
Government that may be necessary to maximize the amount of money this state may
obtain from the Federal Government to carry out the provisions of NRS 439.501 to 439.507,
inclusive.
2. Any money that is appropriated to carry
out the provisions of NRS 439.501 to 439.507, inclusive:
(a) Must be deposited in the State Treasury and
accounted for separately in the State General Fund; and
(b) May only be used to carry out those provisions.
3. The Administrator shall administer the
account. Any interest or income earned on the money in the account must be
credited to the account. Any claims against the account must be paid as other
claims against the State are paid.
(Added to NRS by 2003, 1346; A 2013, 3040)
TASK FORCE ON ALZHEIMER’S DISEASE
NRS 439.508 Definitions. [Effective through June 30, 2017.] As used in NRS 439.508
to 439.5085, inclusive, unless the context
otherwise requires, the words and terms defined in NRS
439.5081 and 439.5082 have the meanings
ascribed to them in those sections.
(Added to NRS by 2013, 2254)
NRS 439.5081 “State plan” defined. [Effective through June 30, 2017.] “State plan” means the state plan to address
Alzheimer’s disease developed pursuant to NRS 439.5085.
(Added to NRS by 2013, 2254)
NRS 439.5082 “Task Force” defined. [Effective through June 30, 2017.] “Task Force” means the Task Force on
Alzheimer’s Disease created by NRS 439.5083.
(Added to NRS by 2013, 2254)
NRS 439.5083 Creation; appointment, qualifications and terms of members;
members serve without compensation except per diem; alternates. [Effective
through June 30, 2017.]
1. The Task Force on Alzheimer’s Disease
is hereby created within the Department of Health and Human Services.
2. The Director shall appoint to the Task
Force the following eight voting members:
(a) A representative from an association that
provides services to persons with Alzheimer’s disease;
(b) A medical professional with expertise in
cognitive disorders;
(c) A representative of caregivers for persons
with cognitive disorders;
(d) A representative of the Nevada System of
Higher Education with expertise in cognitive disorders;
(e) A representative of providers of service for persons
with cognitive disorders;
(f) A representative from a rural area of this
State;
(g) A representative from the Department; and
(h) A member at large.
3. The Legislative Commission shall
appoint to the Task Force the following two voting members:
(a) One member of the Senate; and
(b) One member of the Assembly.
4. After the initial terms, the members of
the Task Force serve terms of 2 years. A member may be reappointed to the Task
Force and any vacancy must be filled in the same manner as the original
appointment.
5. The members of the Task Force serve
without compensation, except that each member is entitled, while engaged in the
business of the Task Force and within the limits of available money, to the per
diem allowance and travel expenses provided for state officers and employees
generally.
6. Not later than 30 days after
appointment, each member of the Task Force appointed pursuant to subsection 2
shall nominate two persons to serve as his or her alternate members and submit
the names of the persons nominated to the Director for appointment. An
alternate member shall serve as a voting member of the Task Force when the
appointed member who nominated the alternate is disqualified or unable to
serve.
(Added to NRS by 2013, 2254)
NRS 439.5084 Chair and Vice Chair; meetings; quorum; members appointed by
Director serve at pleasure of Director. [Effective through June 30, 2017.]
1. The members of the Task Force shall
elect a Chair and a Vice Chair by a majority vote. After the initial election,
the Chair and Vice Chair serve for a term of 1 year beginning on July 1 of each
year. If the position of Chair or Vice Chair becomes vacant, the members of the
Task Force shall elect a Chair or Vice Chair, as appropriate, from among its members
for the remainder of the unexpired term.
2. The members of the Task Force shall
meet at least once each quarter at the call of the Chair. The Task Force shall
prescribe regulations for its own management and government.
3. A majority of the members of the Task
Force constitutes a quorum, and a quorum may exercise all the powers conferred
on the Task Force.
4. Each member of the Task Force who is
appointed pursuant to subsection 2 of NRS 439.5083
serves at the pleasure of the Director.
(Added to NRS by 2013, 2255)
NRS 439.5085 Duties; submission of annual report to Governor and Legislature;
support and assistance of Department; gifts, grants and donations. [Effective
through June 30, 2017.]
1. The Task Force shall:
(a) Develop a state plan to address Alzheimer’s
disease;
(b) Monitor the progress in carrying out the
state plan;
(c) Review and revise the state plan as
necessary;
(d) Develop and prioritize the actions necessary
to carry out the state plan;
(e) Research and review any other issues that are
relevant to Alzheimer’s disease; and
(f) On or before February 1 of each year, prepare
and submit a report to the Governor and to the Director of the Legislative
Counsel Bureau for transmittal to the Legislature concerning its findings and
recommendations.
2. For the purpose of carrying out the
provisions of NRS 439.508 to 439.5085, inclusive, the Department:
(a) Shall provide the personnel, facilities,
equipment and supplies required by the Task Force;
(b) May accept any gifts, grants and donations;
and
(c) May enter into contracts and award grants.
(Added to NRS by 2013, 2255)
COMMITTEE TO REVIEW SUICIDE FATALITIES
NRS 439.5102 “Committee” defined. As
used in NRS 439.5102 to 439.5108,
inclusive, unless the context otherwise requires, “Committee” means the
Committee to Review Suicide Fatalities created by NRS
439.5104.
(Added to NRS by 2013, 364)
NRS 439.5104 Creation; appointment, qualification and terms of members;
vacancies.
1. The Committee to Review Suicide
Fatalities is hereby created within the Department. The Committee must consist
of the following 10 members appointed by the Director:
(a) A county coroner or medical examiner or his
or her designee;
(b) One person who represents providers of health
care;
(c) One person who represents organizations
having expertise in suicide prevention;
(d) One person who represents organizations having
expertise in the treatment of substance abuse and prevention;
(e) One person who represents mental health
agencies;
(f) One person who represents law enforcement;
(g) One person who represents injury prevention;
(h) One person who represents Native American
tribes;
(i) One person who represents advocates for
individuals and families with mental illness; and
(j) One person who represents veterans.
2. After the initial term, each member of
the Committee shall serve for a term of 3 years and may be reappointed. Each
member of the Committee serves at the pleasure of the Director. If a vacancy
occurs, the Director shall appoint a new member to fill the vacancy for the
remainder of the unexpired term in the same manner as the initial appointment.
(Added to NRS by 2013, 364)
NRS 439.5106 Powers and duties.
1. The Committee:
(a) Except as otherwise provided in this
paragraph, shall adopt a written protocol setting forth the suicide fatalities
in this State which must be reported to the Committee and screened for review
by the Committee and the suicide fatalities in this State which the Committee
may reject for review. The Committee shall not review any case in which
litigation is pending.
(b) May review any accidental death which the
Committee determines may assist in suicide prevention efforts in this State.
(c) May establish differing levels of review,
including, without limitation, a comprehensive or limited review depending upon
the nature of the incident or the purpose of the review.
2. The Committee shall obtain and use any
data or other information to:
(a) Review suicide fatalities in this State to
determine trends, risk factors and strategies for prevention;
(b) Determine and prepare reports concerning
trends and patterns of suicide fatalities in this State;
(c) Identify and evaluate the prevalence of risk
factors for preventable suicide fatalities in this State;
(d) Evaluate and prepare reports concerning
high-risk factors, current practices, lapses in systematic responses and
barriers to the safety and well-being of persons who are at risk of suicide in
this State; and
(e) Recommend any improvement in sources of
information relating to investigating reported suicide fatalities and
preventing suicide in this State.
3. In conducting a review of a suicide
fatality in this State, the Committee shall, to the greatest extent
practicable, consult and cooperate with:
(a) The Coordinator of the Statewide Program for
Suicide Prevention employed pursuant to NRS 439.511;
(b) Each trainer for suicide prevention employed
pursuant to NRS 439.513; and
(c) A multidisciplinary team:
(1) To review the death of the victim of a
crime that constitutes domestic violence organized or sponsored pursuant to NRS 217.475 or 228.495;
(2) To review the death of a child organized
pursuant to NRS 432B.405; and
(3) To oversee the review of the death of
a child organized pursuant to NRS 432B.4075.
4. Any review conducted by the Committee
pursuant to NRS 439.5102 to 439.5108, inclusive, is separate from, independent of
and in addition to any investigation or review which is required or authorized
by law to be conducted, including, without limitation, any investigation
conducted by a coroner or coroner’s deputy pursuant to NRS 259.050.
5. To conduct a review pursuant to NRS 439.5102 to 439.5108,
inclusive, the Committee may access information, including, without limitation:
(a) Any investigative information obtained by a
law enforcement agency relating to a death;
(b) Any records from an autopsy or an
investigation conducted by a coroner or coroner’s deputy relating to a death;
(c) Any medical or mental health records of a
decedent;
(d) Any records relating to social or
rehabilitative services provided to a decedent; and
(e) Any records of a social services agency which
has provided services to a decedent.
(Added to NRS by 2013, 364)
NRS 439.5108 Powers; submission of annual report to Director; confidentiality
of information and records.
1. The Committee may:
(a) Conduct investigations and hold hearings in
connection with carrying out the provisions of NRS
439.5102 to 439.5108, inclusive.
(b) If appropriate, meet and share information
with any person or team specified in subsection 3 of NRS
439.5106.
(c) Petition a district court for the issuance
of, and the district court may issue, a subpoena to compel the production of
any books, records or papers relevant to any suicide fatality in this State
that is the subject of a review conducted by the Committee. Except as otherwise
provided in NRS 239.0115, any books,
records or papers received by the Committee pursuant to the subpoena shall be
deemed confidential and privileged and not subject to disclosure.
(d) Propose recommended legislation concerning
suicide fatalities in this State.
(e) Issue a special report to notify the
appropriate authorities or members of the public concerning the need to take
any prompt corrective action concerning suicide fatalities in this State.
(f) Engage in any other activity required by the
Director concerning suicide fatalities in this State.
2. The Committee shall annually submit to
the Director a report concerning the activities of the Committee. The report
must include, without limitation, a statement setting forth:
(a) Any trends or patterns in suicide fatalities
in this State or serious injuries or risk factors concerning those fatalities;
and
(b) In addition to any recommendation made
pursuant to NRS 439.5106, any recommendations for
changes in any law, policy or practice that may assist the Committee in
preventing suicide fatalities in this State or related serious occurrences.
3. A report submitted pursuant to
subsection 2 must not include any confidential or privileged information.
4. Except as otherwise provided in this
section and NRS 239.0115, any
information acquired by or any records of the Committee are confidential, must
not be disclosed and are not subject to subpoena, discovery or introduction
into evidence in any civil or criminal proceeding.
(Added to NRS by 2013, 365)
STATEWIDE PROGRAM FOR SUICIDE PREVENTION
NRS 439.511 Creation; purposes; employment of Coordinator; qualifications of
Coordinator; duties of Coordinator.
1. There is hereby created within the
Department a Statewide Program for Suicide Prevention. The Department shall
implement the Statewide Program for Suicide Prevention, which must, without
limitation:
(a) Create public awareness for issues relating
to suicide prevention;
(b) Build community networks; and
(c) Carry out training programs for suicide
prevention for law enforcement personnel, providers of health care, school
employees and other persons who have contact with persons at risk of suicide.
2. The Director shall employ a Coordinator
of the Statewide Program for Suicide Prevention. The Coordinator:
(a) Must have at least the following education
and experience:
(1) A bachelor’s degree in social work,
psychology, sociology, counseling or a closely related field and 5 years or
more of work experience in behavioral health or a closely related field; or
(2) A master’s degree or a doctoral degree
in social work, psychology, sociology, counseling, public health or a closely
related field and 2 years or more of work experience in behavioral health or a
closely related field.
(b) Should have as many of the following
characteristics as possible:
(1) Significant professional experience in
social services, mental health or a closely related field;
(2) Knowledge of group behavior and
dynamics, methods of facilitation, community development, behavioral health
treatment and prevention programs, and community-based behavioral health
problems;
(3) Experience in working with diverse
community groups and constituents; and
(4) Experience in writing grants and
technical reports.
3. The Coordinator shall:
(a) Provide educational activities to the general
public relating to suicide prevention;
(b) Provide training to persons who, as part of
their usual routine, have face-to-face contact with persons who may be at risk
of suicide, including, without limitation, training to recognize persons at
risk of suicide and providing information on how to refer those persons for
treatment or supporting services, as appropriate;
(c) Develop and carry out public awareness and
media campaigns in each county targeting groups of persons who are at risk of
suicide;
(d) Enhance crisis services relating to suicide
prevention;
(e) Link persons trained in the assessment of and
intervention in suicide with schools, public community centers, nursing homes
and other facilities serving persons most at risk of suicide;
(f) Coordinate the establishment of local
advisory groups in each county to support the efforts of the Statewide Program;
(g) Work with groups advocating suicide
prevention, community coalitions, managers of existing crisis hotlines that are
nationally accredited or certified, and staff members of mental health agencies
in this State to identify and address the barriers that interfere with
providing services to groups of persons who are at risk of suicide, including,
without limitation, elderly persons, Native Americans, youths and residents of
rural communities;
(h) Develop and maintain an Internet or network
site with links to appropriate resource documents, suicide hotlines that are
nationally accredited or certified, licensed professional personnel, state and
local mental health agencies and appropriate national organizations;
(i) Review current research on data collection
for factors related to suicide and develop recommendations for improved systems
of surveillance and uniform collection of data;
(j) Develop and submit proposals for funding from
agencies of the Federal Government and nongovernmental organizations; and
(k) Oversee and provide technical assistance to
each person employed to act as a trainer for suicide prevention pursuant to NRS 439.513.
4. As used in this section:
(a) “Internet or network site” means any
identifiable site on the Internet or on a network and includes, without
limitation:
(1) A website or other similar site on the
World Wide Web;
(2) A site that is identifiable through a
Uniform Resource Locator; and
(3) A site on a network that is owned,
operated, administered or controlled by a provider of Internet service.
(b) “Systems of surveillance” means systems
pursuant to which the health conditions of the general public are regularly
monitored through systematic collection, evaluation and reporting of measurable
information to identify and understand trends relating to suicide.
(Added to NRS by 2003, 2652; A 2013, 366)
NRS 439.513 Employment of trainer for suicide prevention; qualifications;
duties.
1. The Coordinator of the Statewide
Program for Suicide Prevention shall employ at least one person to act as a
trainer for suicide prevention and facilitator for networking for Southern
Nevada.
2. Each trainer for suicide prevention:
(a) Must have at least the following education
and experience:
(1) Three years or more of experience in
providing education and training relating to suicide prevention to diverse
community groups; or
(2) A bachelor’s degree, master’s degree
or doctoral degree in social work, public health, psychology, sociology,
counseling or a closely related field and 2 years or more of experience in
providing education and training relating to suicide prevention.
(b) Should have as many of the following
characteristics as possible:
(1) Significant knowledge and experience
relating to suicide and suicide prevention;
(2) Knowledge of methods of facilitation,
networking and community-based suicide prevention programs;
(3) Experience in working with diverse
community groups and constituents; and
(4) Experience in providing suicide
awareness information and suicide prevention training.
3. At least one trainer for suicide
prevention must be based in a county whose population is 700,000 or more.
4. Each trainer for suicide prevention
shall:
(a) Assist the Coordinator of the Statewide
Program for Suicide Prevention in disseminating and carrying out the Statewide
Program in the county in which the trainer for suicide prevention is based;
(b) Provide information and training relating to
suicide prevention to emergency medical personnel, providers of health care,
mental health agencies, social service agencies, churches, public health
clinics, school districts, law enforcement agencies and other similar community
organizations in the county in which the trainer for suicide prevention is
based;
(c) Assist the Coordinator of the Statewide
Program for Suicide Prevention in developing and carrying out public awareness
and media campaigns targeting groups of persons who are at risk of suicide in
the county in which the trainer for suicide prevention is based;
(d) Assist in developing a network of
community-based programs for suicide prevention in the county in which the
trainer for suicide prevention is based, including, without limitation,
establishing one or more local advisory groups for suicide prevention; and
(e) Facilitate the sharing of information and the
building of consensuses among multiple constituent groups in the county in
which the trainer for suicide prevention is based, including, without
limitation, public agencies, community organizations, advocacy groups for
suicide prevention, mental health providers and representatives of the various groups
that are at risk for suicide.
(Added to NRS by 2003, 2653; A 2011, 1256;
2013, 368)
STATE PROGRAM FOR WELLNESS AND THE PREVENTION OF CHRONIC
DISEASE
NRS 439.514 Definitions. As
used in NRS 439.514 to 439.525,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 439.515 and 439.516
have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 232)
NRS 439.515 “Advisory Council” defined. “Advisory
Council” means the Advisory Council on the State Program for Wellness and the
Prevention of Chronic Disease.
(Added to NRS by 2005, 232; A 2013, 441)
NRS 439.516 “Program” defined. “Program”
means the State Program for Wellness and the Prevention of Chronic Disease.
(Added to NRS by 2005, 232; A 2013, 441)
NRS 439.517 Establishment; purpose. Within
the limits of available money, the Division shall establish the State Program
for Wellness and the Prevention of Chronic Disease to increase public knowledge
and raise public awareness relating to wellness and chronic diseases and to
educate the residents of this State about:
1. Wellness, including, without
limitation, behavioral health, proper nutrition, maintaining oral health,
increasing physical fitness, preventing obesity and tobacco use; and
2. The prevention of chronic diseases,
including, without limitation, asthma, cancer, diabetes, cardiovascular disease
and oral disease.
(Added to NRS by 2005, 232; A 2013, 441)
NRS 439.518 Advisory Council: Establishment; purpose; appointment of
members.
1. Within the limits of available money,
the Division shall establish the Advisory Council on the State Program for
Wellness and the Prevention of Chronic Disease to advise and make
recommendations to the Division concerning the Program.
2. The Administrator shall appoint to the
Advisory Council the following 13 voting members:
(a) The Chief Medical Officer or the designee of
the Chief Medical Officer;
(b) The Superintendent of Public Instruction or
the designee of the Superintendent;
(c) One representative of the health insurance
industry;
(d) One provider of health care;
(e) One representative of the Nevada Association
for Health, Physical Education, Recreation and Dance or its successor
organization;
(f) Three representatives of organizations
committed to the prevention and treatment of chronic diseases;
(g) One registered dietitian;
(h) One representative who is a member of a
racial or ethnic minority group appointed from a list of persons submitted to
the Administrator by the Advisory Committee of the Office of Minority Health
within the Office for Consumer Health Assistance of the Department;
(i) One representative of private employers in
this State who has experience in matters relating to employment and human
resources;
(j) One representative of a local health
authority; and
(k) One representative of the Nevada System of
Higher Education from a list of persons submitted to the Administrator by the
Board of Regents of the University of Nevada.
3. The Legislative Commission shall
appoint to the Advisory Council the following two voting members:
(a) One member of the Senate; and
(b) One member of the Assembly.
4. A majority of the voting members of the
Advisory Council may appoint nonvoting members to the Advisory Council.
(Added to NRS by 2005, 233; A 2009, 2254;
2013, 441)
NRS 439.519 Advisory Council: Terms; Chair; appointment of committees and
subcommittees; removal of nonlegislative members; administrative support;
quorum; meetings; compensation.
1. The members of the Advisory Council
serve terms of 2 years. A member may be reappointed to serve not more than two
additional, consecutive terms.
2. A majority of the voting members of the
Advisory Council shall select a Chair and a Vice Chair of the Advisory Council.
3. A majority of the voting members of the
Advisory Council may:
(a) Appoint committees or subcommittees to study
issues relating to wellness and the prevention of chronic disease.
(b) Remove a nonlegislative member of the
Advisory Council for failing to carry out the business of, or serve the best
interests of, the Advisory Council.
4. The Division shall, within the limits
of available money, provide the necessary professional staff and a secretary
for the Advisory Council.
5. A majority of the voting members of the
Advisory Council constitutes a quorum to transact all business, and a majority
of those voting members present, physically or via telecommunications, must
concur in any decision.
6. The Advisory Council shall, within the
limits of available money, meet at the call of the Administrator, the Chair or
a majority of the voting members of the Advisory Council quarterly or as is
necessary.
7. The members of the Advisory Council
serve without compensation, except that each member is entitled, while engaged
in the business of the Advisory Council and within the limits of available
money, to the per diem allowance and travel expenses provided for state
officers and employees generally.
(Added to NRS by 2005, 233; A 2009, 2255;
2013, 442)
NRS 439.521 Duties of Division. To
carry out the provisions of NRS 439.514 to 439.525, inclusive, the Division shall, within the
limits of available money, and with the advice and recommendations of the
Advisory Council:
1. Periodically prepare burden reports
concerning health problems and diseases, including, without limitation, a lack
of physical fitness, poor nutrition, tobacco use and exposure to tobacco smoke,
obesity, chronic diseases and other diseases, as determined by the Division,
using the most recent information obtained through surveillance, epidemiology
and research. As used in this subsection, “burden report” means a calculation
of the impact of a particular health problem or chronic disease on this State,
as measured by financial cost, mortality, morbidity or other indicators
specified by the Division.
2. Identify, review and encourage, in
coordination with the Department of Education, the Nevada System of Higher
Education and other appropriate state agencies, existing evidence-based
programs related to nutrition, physical fitness and tobacco prevention and
cessation, including, without limitation, programs of state and local
governments, educational institutions, businesses and the general public.
3. Develop, promote and coordinate
recommendations for model and evidence-based programs that contribute to
reductions in the incidence of chronic disease in this State. The programs
should encourage:
(a) Proper nutrition, physical fitness and health
among the residents of this State, including, without limitation, parents and
children, senior citizens, high-risk populations and persons with special
needs; and
(b) Work-site wellness policies that include,
without limitation, tobacco-free and breast feeding-friendly environments,
healthy food and beverage choices and physical activity opportunities in
schools, businesses and public buildings.
4. Assist on projects within this State as
requested by, and in coordination with, the President’s Council on Fitness,
Sports and Nutrition.
5. Identify and review methods for
reducing health care costs associated with tobacco use and exposure to tobacco
smoke, obesity, chronic diseases and other diseases, as determined by the
Division.
6. Maintain a website to provide
information and resources on nutrition, physical fitness, health, wellness and
the prevention of obesity and chronic diseases.
7. Solicit information from and, to the
extent feasible, coordinate its efforts with:
(a) Other governmental agencies;
(b) National health organizations and their local
and state chapters;
(c) Community and business leaders;
(d) Community organizations;
(e) Providers of health care;
(f) Private schools; and
(g) Other persons who provide services relating
to tobacco use and exposure, physical fitness and wellness and the prevention
of obesity, chronic diseases and other diseases.
8. Establish, maintain and enhance
statewide chronic disease surveillance systems.
9. Translate surveillance, evaluation and
research information into press releases, briefs, community education and
advocacy materials and other publications that highlight chronic diseases and
the key risk factors of those diseases.
10. Identify, assist and encourage the
growth of, through funding, training, resources and other support, the
community’s capacity to assist persons who have a chronic disease.
11. Encourage relevant community
organizations to effectively recruit key population groups to receive clinical
preventative services, including, without limitation:
(a) Screening and early detection of breast,
cervical and colorectal cancer, diabetes, high blood pressure and obesity;
(b) Oral screenings; and
(c) Tobacco cessation counseling.
12. Promote positive policy, system and
environmental changes within communities and the health care system based on,
without limitation, the Chronic Care Model developed by the MacColl Center for
Health Care Innovation and the Patient-Centered Medical Home Recognition
Program of the National Committee for Quality Assurance.
13. Review and revise the Program as needed.
(Added to NRS by 2005, 233; A 2013, 442)
NRS 439.522 Public hearings. The
Division may, within the limits of available money, hold public hearings at
such times and places as it determines necessary to provide the general public
and representatives of governmental agencies and organizations interested in
the Program or issues affecting wellness and the prevention of chronic disease
an opportunity to present relevant information and recommendations.
(Added to NRS by 2005, 234; A 2013, 444)
NRS 439.523 Authority of Division to enter into contracts and award grants. The Division may, within the limits of
available money, enter into contracts with or award grants to public or private
entities that have the appropriate expertise to provide any services necessary
to carry out or assist the Division in carrying out the provisions of NRS 439.514 to 439.525,
inclusive.
(Added to NRS by 2005, 234; A 2009, 2255)
NRS 439.524 Submission of annual report to Governor and Legislature. Repealed. (See chapter 337, Statutes of Nevada
2013, at page 1634.)
NRS 439.525 Gifts, grants and contributions: Accounting; use;
administration.
1. The Division may apply for and accept
any available gift, donation, bequest, grant or other source of money to carry
out the provisions of NRS 439.514 to 439.525, inclusive.
2. Any money that is accepted by the
Division pursuant to subsection 1 must be deposited in the State Treasury and
accounted for separately in the State General Fund.
3. Except as otherwise provided by the
terms of a gift, donation, bequest or grant, expenditures from the account must
be made only for carrying out the provisions of NRS
439.514 to 439.525, inclusive.
4. The Administrator shall administer the
account created pursuant to subsection 2. Money in the account does not lapse
to the State General Fund at the end of a fiscal year. The interest and income
earned on the money in the account, after deducting any applicable charges,
must be credited to the account. Any claims against the account must be paid as
other claims against the State are paid.
(Added to NRS by 2005, 234)
COMMITTEE ON CO-OCCURRING DISORDERS
NRS 439.526 “Co-occurring disorders” defined. Repealed.
(See chapter 63, Statutes of Nevada 2013, at page 219.)
NRS 439.527 Creation; appointment and qualifications of members; election of
Chair and Vice Chair; terms of members; vacancies; compensation of members;
members holding public office or employed by governmental entity; meetings;
quorum. Repealed. (See chapter 63,
Statutes of Nevada 2013, at page 219.)
NRS 439.528 Duties. Repealed.
(See chapter 63, Statutes of Nevada 2013, at page 219.)
PROGRAM TO TREAT PERSONS WITH HUMAN IMMUNODEFICIENCY VIRUS
OR ACQUIRED IMMUNODEFICIENCY SYNDROME
NRS 439.529 Administration; duties of Director; use of other programs;
prohibition against commingling of money; money for program to be accounted for
separately.
1. The Department may, to the extent that
money is available, administer a program pursuant to 42 U.S.C. §§ 300ff-21 et
seq. to provide therapeutics to treat certain persons who have been diagnosed
with the human immunodeficiency virus or acquired immunodeficiency syndrome and
to prevent the serious deterioration of the health of such persons. The program
may include the provision of subsidies and pharmaceutical services.
2. The Director shall:
(a) Establish the criteria for eligibility for
participation in the program administered pursuant to this section, which must
be in accordance with the provisions of 42 U.S.C. §§ 300ff-21 et seq.; and
(b) Prescribe the manner in which the program
will be administered and services will be provided.
3. The Department may use any other
program administered by the Department to facilitate the provision of subsidies
and services pursuant to this section, including, without limitation, the
provision of subsidies for pharmaceutical services to persons with disabilities
pursuant to NRS 439.705 to 439.795,
inclusive. If the Department uses another program to facilitate the provision of
subsidies and services pursuant to this section, the Department shall not
commingle the money available to carry out the provisions of this section and
the money available to carry out the other program.
4. Money available to carry out the
provisions of this section must be accounted for separately by the Department.
(Added to NRS by 2007, 2336)
MISCELLANEOUS PROVISIONS
NRS 439.530 Treatment by prayer, mental or spiritual means; no compulsion to
submit to medical treatment. None
of the provisions of this chapter or the laws of this State regulating the
practice of medicine or healing shall be construed to interfere with treatment
by prayer or with any person who administers to or treats the sick or suffering
by mental or spiritual means, nor shall any person who selects such treatment
for the cure of disease be compelled to submit to any form of medical
treatment, nor shall any such person be removed to any isolation hospital or
camp without his or her consent if the sanitary and quarantine laws of the
State are complied with.
[8:199:1911; added 1919, 221; 1919 RL p. 2894; NCL §
5276]
NRS 439.535 Clinic for immunization of children: Availability; immunity of
personnel from criminal and civil liability.
1. Clinics for the immunization of
children for the diseases enumerated in NRS
392.435, 394.192 and 432A.230 must be held by the county,
city, town or district boards of health, as the case may be, not less than 1
month before the opening date of the school year in the respective counties,
cities and towns within the State.
2. Qualified personnel of any clinic who
administer vaccines or boosters pursuant to this section in good faith and
without gross negligence are immune from civil and criminal liability.
(Added to NRS by 1979, 316)
NRS 439.537 Unlawful use of words or letters designating person as licensed
or registered dietitian; penalty.
1. A person shall not use in connection
with his or her name the words or letters “Dietitian,” “Licensed Dietitian,”
“Registered Dietitian,” “L.D.,” “R.D.” or any other title, word, letter or
other designation intended to designate that the person is a licensed or
registered dietitian without being registered with the Commission on Dietetic
Registration, a member of the National Commission on Health Certifying
Agencies, or its successor organization.
2. Any person who violates the provisions
of this section is guilty of a misdemeanor.
(Added to NRS by 1995, 2528)
NRS 439.538 Electronic transmission of health information: Exemption from
state law concerning privacy or confidentiality of certain health information;
ability of person to opt out of electronic disclosure of certain health
information.
1. If a covered entity transmits
electronically individually identifiable health information in compliance with
the provisions of:
(a) The Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191; and
(b) NRS 439.581 to 439.595, inclusive, and the regulations adopted
pursuant thereto,
Ê which govern
the electronic transmission of such information, the covered entity is, for
purposes of the electronic transmission, exempt from any state law that
contains more stringent requirements or provisions concerning the privacy or
confidentiality of individually identifiable health information.
2. A covered entity that makes
individually identifiable health information available electronically pursuant
to subsection 1 shall allow any person to opt out of having his or her
individually identifiable health information disclosed electronically to other
covered entities, except:
(a) As required by the administrative
simplification provisions of the Health Insurance Portability and
Accountability Act of 1996, Public Law 104-191.
(b) As otherwise required by a state law.
(c) That a person who is a recipient of Medicaid
or insurance pursuant to the Children’s Health Insurance Program may not opt
out of having his or her individually identifiable health information disclosed
electronically.
3. As used in this section, “covered
entity” has the meaning ascribed to it in 45 C.F.R. § 160.103.
(Added to NRS by 2007, 1977; A 2011, 1759)
NRS 439.540 Chapter does not alter powers of Commissioner of Food and Drugs
or powers of State Dairy Commission. Nothing
contained in this chapter may be construed as modifying or altering the powers
conferred by law upon the Commissioner of Food and Drugs with respect to the
adulteration, mislabeling or misbranding of foods, drugs, medicines and
liquors, or the powers conferred by law upon the State Dairy Commission with
respect to the weighing and testing of dairy products to prevent fraud.
[41:199:1911; added 1939, 297; 1931 NCL §
5268.07]—(NRS A 2001,
2439)
NRS 439.550 Strict enforcement of chapter by local health officer.
1. Each local health officer is charged
with the strict and thorough enforcement of the provisions of this chapter in
the jurisdiction of the health officer, under the supervision and direction of
the Division.
2. Each local health officer, under the
direction and supervision of the Division, shall enforce all provisions of law
requiring the immunization of children in the public schools, private schools
and child care facilities in the jurisdiction of the health officer and, after
consulting boards of trustees of school districts, private school officials and
operators of child care facilities, shall adopt regulations for the enforcement
of those provisions, including the establishment of time limits and schedules
for the immunization of children at various grade levels.
3. Each local health officer shall make
reports to the Division of any violation coming to his or her notice by
observation or upon complaint of any person or otherwise.
[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A
1963, 942; 1969, 1018; 1979, 317)
NRS 439.560 Enforcement of chapter by public officers. All health officers, local boards of health,
sheriffs, constables, police officers, marshals, all persons in charge of
public buildings and institutions, and all other public officers and employees
shall respect and enforce this chapter, all provisions of law requiring the
immunization of children in public schools, private schools and child care
facilities, and all lawful rules, orders and regulations adopted in pursuance
thereof in every particular affecting their respective localities and duties.
[37:199:1911; added 1939, 297; 1931 NCL §
5268.03]—(NRS A 1979,
317)
NRS 439.565 Injunctions against violations.
1. Any person, corporation, firm,
partnership, joint stock company, or any other association or organization
which violates or proposes to violate this chapter, provisions of law requiring
the immunization of children in public schools, private schools and child care
facilities, any regulation of the State Board of Health or any regulation of a
county, district or city board of health approved by the State Board of Health
pursuant to this chapter may be enjoined by any court of competent
jurisdiction.
2. Actions for injunction under this
section may be prosecuted by the Attorney General, any district attorney in
this State or any retained counsel of any local board of health in the name and
upon the complaint of the State Board of Health or any local board of health,
or upon the complaint of the Chief Medical Officer or of any local health
officer or his or her deputy.
3. A court may issue a permanent or
temporary injunction, restraining order or other appropriate order pursuant to
this section.
(Added to NRS by 1973, 315; A 1979, 317; 2009, 552)
NRS 439.570 Health authority may report violation to district attorney or
Attorney General; initiation and prosecution of action.
1. When the health authority deems it
necessary, the health authority shall report cases of violation of any of the
provisions of this chapter or of provisions of law requiring the immunization
of children in public schools, private schools and child care facilities, to
the district attorney of the county, with a statement of the facts and
circumstances. When any such case is reported to the district attorney by the
health authority, the district attorney shall forthwith initiate and promptly
follow up the necessary court proceedings against the person or corporation
responsible for the alleged violation of law.
2. Upon request of the Division, the
Attorney General shall assist in the enforcement of the provisions of this
chapter and provisions of law requiring the immunization of children in public
schools, private schools and child care facilities.
[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A
1963, 942; 1969, 1019; 1979, 317; 2013, 3042)
NRS 439.580 Penalties.
1. Any local health officer or a deputy of
a local health officer who neglects or fails to enforce the provisions of this
chapter in his or her jurisdiction, or neglects or refuses to perform any of
the duties imposed upon him or her by this chapter or by the instructions and
directions of the Division shall be punished by a fine of not more than $250.
2. Each person who violates any of the
provisions of this chapter or refuses or neglects to obey any lawful order,
rule or regulation of the:
(a) State Board of Health or violates any rule or
regulation approved by the State Board of Health pursuant to NRS 439.350, 439.366, 439.410 and 439.460; or
(b) Director adopted pursuant to NRS 439.538 or 439.581 to 439.595, inclusive,
Ê is guilty of
a misdemeanor.
[Part 21:199:1911; RL § 2972; NCL § 5255] +
[39:199:1911; added 1939, 297; 1931 NCL § 5268.05]—(NRS A 1963, 942; 1967, 577;
1969, 880; 1973, 314; 1979, 1469; 2005, 2467; 2011, 1760;
2013, 3042)
STATEWIDE HEALTH INFORMATION EXCHANGE SYSTEM
NRS 439.581 Definitions. As
used in NRS 439.581 to 439.595,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 439.582 to 439.586,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 1754)
NRS 439.582 “Electronic health record” defined. “Electronic
health record” has the meaning ascribed to it in 42 U.S.C. § 17921(5).
(Added to NRS by 2011, 1754)
NRS 439.583 “Health care provider” defined. “Health
care provider” has the meaning ascribed to it in 45 C.F.R. § 160.103.
(Added to NRS by 2011, 1754)
NRS 439.584 “Health information exchange” defined. “Health
information exchange” means an organization that provides for the electronic
movement of health-related information across and among disparate organizations
according to nationally recognized standards.
(Added to NRS by 2011, 1754)
NRS 439.585 “Person” defined. “Person”
means:
1. A natural person.
2. Any form of business or social
organization and any other nongovernmental legal entity, including, without
limitation, a corporation, partnership, association, trust or unincorporated
organization.
3. A government, a political subdivision
of a government or an agency or instrumentality of a government or of a
political subdivision of a government.
(Added to NRS by 2011, 1754)
NRS 439.586 “Statewide health information exchange system” defined. “Statewide health information exchange system”
means the system established pursuant to NRS 439.581
to 439.595, inclusive, for the electronic movement,
storage, analysis and exchange of electronic health records, health-related
information and related data.
(Added to NRS by 2011, 1755)
NRS 439.587 Designation and duties of Director as state authority for health
information technology; adoption of regulations and other necessary actions
authorized.
1. The Director is the state authority for
health information technology. The Director shall:
(a) Establish a statewide health information
exchange system, including, without limitation, establishing or contracting
with a governing entity for the system pursuant to NRS
439.588, and ensuring the system complies with the specifications and
protocols for exchanging electronic health records, health-related information
and related data prescribed pursuant to the provisions of the Health
Information Technology for Economic and Clinical Health Act of 2009, 42 U.S.C.
§§ 300jj et seq. and 17901 et seq., and other applicable federal and state law;
(b) Encourage the use of the statewide health
information exchange system by health care providers, payers and patients;
(c) Prescribe by regulation standards for the
electronic transmittal of electronic health records, prescriptions,
health-related information, electronic signatures and requirements for
electronic equivalents of written entries or written approvals in accordance
with federal law;
(d) Prescribe by regulation rules governing the
ownership, management and use of electronic health records, health-related
information and related data in the statewide health information exchange
system; and
(e) Prescribe by regulation, in consultation with
the State Board of Pharmacy, standards for the electronic transmission of prior
authorizations for prescription medication using a health information exchange.
2. The Director may enter into contracts,
apply for and accept available gifts, grants and donations, and adopt such
regulations as are necessary to carry out the provisions of NRS 439.581 to 439.595,
inclusive.
(Added to NRS by 2011, 1755)
NRS 439.588 Establishment or designation of governing entity; duties and
authorized act of governing entity; meetings of governing body of governing
entity; regulations for certification as health information exchange.
1. The Director shall establish or
contract with not more than one nonprofit entity to govern the statewide health
information exchange system. The Director shall by regulation prescribe the
requirements for that governing entity.
2. The governing entity established or
contracted with pursuant to this section:
(a) Must comply with all federal and state laws
governing such entities and health information exchanges.
(b) Must have a governing body which complies
with all relevant requirements of federal law and which consists of
representatives of health care providers, insurers, patients, employers and
others who represent interests related to electronic health records and health
information exchanges.
(c) Shall oversee and govern the exchange of
electronic health records and health-related information within the statewide
health information exchange system.
(d) May, with the approval of the Director, hire
or contract with a public or private entity to administer the statewide health
information exchange system.
(e) May enter into contracts with any health
information exchange which is certified by the Director pursuant to subsection
4 to participate in the statewide health information exchange system. The
governing entity shall not enter into a contract with a health information
exchange that is not certified.
(f) Is accountable to the Director, in his or her
capacity as the state authority for health information technology, for carrying
out the provisions of a contract entered into pursuant to this section.
(g) May apply for and accept available gifts,
grants and donations for the support of the governing entity and the statewide
health information exchange system.
3. The governing body of the governing
entity shall hold public meetings at such times as required by the Director.
Such meetings must be conducted in accordance with the provisions of chapter 241 of NRS.
4. The Director shall by regulation
establish the manner in which a health information exchange may apply for
certification and the requirements for granting such certification, which must
include, without limitation, that the health information exchange demonstrate
its financial and operational sustainability.
(Added to NRS by 2011, 1755)
NRS 439.589 Adoption of regulations to prescribe standards relating to
electronic health records, health-related information and system.
1. The Director
shall by regulation prescribe standards:
(a) To ensure that electronic health records and
the statewide health information exchange system are secure;
(b) To maintain the confidentiality of electronic
health records and health-related information, including, without limitation,
standards to maintain the confidentiality of electronic health records relating
to a child who has received health care services without the consent of a
parent or guardian and which ensure that a child’s right to access such health
care services is not impaired;
(c) To ensure the privacy of individually
identifiable health information, including, without limitation, standards to
ensure the privacy of information relating to a child who has received health
care services without the consent of a parent or guardian;
(d) For obtaining consent from a patient before
transmitting the patient’s health records to the health information exchange
system, including, without limitation, standards for obtaining such consent
from a child who has received health care services without the consent of a
parent or guardian;
(e) For making any necessary corrections to
information or records included in the statewide health information exchange
system; and
(f) For notifying a patient if the confidentiality
of information contained in an electronic health record of the patient is
breached.
2. The standards prescribed pursuant to
this section must include, without limitation:
(a) Training requirements for persons who work
with electronic health records or the statewide health information exchange
system;
(b) Requirements for the creation, maintenance
and transmittal of electronic health records;
(c) Requirements for protecting confidentiality,
including control over, access to and the collection, organization and
maintenance of electronic health records, health-related information and
individually identifiable health information;
(d) Requirements for the manner in which the
statewide health information exchange system will remove or exclude health records
or any portion thereof upon the request of a person about whom the record
pertains and the requirements for a person to make such a request;
(e) A secure and traceable electronic audit
system for identifying access points and trails to electronic health records
and health information exchanges; and
(f) Any other requirements necessary to comply
with all applicable federal laws relating to electronic health records,
health-related information, health information exchanges and the security and
confidentiality of such records and exchanges.
(Added to NRS by 2011, 1756)
NRS 439.590 Requirements for participation in system; limitations on use,
release or publication of certain information; penalty for unauthorized access
to electronic health record, system or health information exchange;
establishment of complaint system.
1. A health care provider, insurer or
other payer that elects to participate in the statewide health information
exchange system must agree to comply with all requirements prescribed by the
Director and imposed by the governing entity established or contracted with
pursuant to NRS 439.588.
2. A health care provider may not be
required to participate in the statewide health information exchange system and
may not be subject to any disciplinary action for electing not to participate
in the system.
3. The Director may prohibit a person from
participating in the statewide health information exchange system if the person
does not comply with the provisions of NRS 439.581
to 439.595, inclusive, or the requirements
prescribed by the Director and imposed by the governing entity established or
contracted with pursuant to NRS 439.588.
4. Except as otherwise authorized by the
Health Insurance Portability and Accountability Act of 1996, Public Law
104-191, a person shall not use, release or publish:
(a) Individually identifiable health information
from an electronic health record or the statewide health information exchange
system for a purpose unrelated to the treatment, care, well-being or billing of
the person who is the subject of the information; or
(b) Any information contained in an electronic
health record or the statewide health information exchange system for a
marketing purpose.
5. Individually identifiable health
information obtained from an electronic health record or the statewide health
information exchange system concerning health care services received by a child
without the consent of a parent or guardian of the child must not be disclosed
to the parent or guardian of the child without the consent of the child which
is obtained in the manner established pursuant to NRS
439.589.
6. A person who accesses an electronic
health record, the statewide health information exchange system or a health
information exchange without authority to do so is guilty of a misdemeanor and
liable for any damages to any person that result from the unauthorized access.
7. The Director shall adopt regulations
establishing the manner in which a person may file a complaint with the
Director regarding a violation of the provisions of this section. The Director
shall also post on the Internet website of the Department and publish in any
other manner the Director deems necessary and appropriate information
concerning the manner in which to file a complaint with the Director and the
manner in which to file a complaint of a violation of the Health Insurance
Portability and Accountability Act of 1996, Public Law 104-191.
(Added to NRS by 2011, 1757)
NRS 439.591 Patient not required to participate in health information
exchange; notification to patient of breach of confidentiality of electronic
health records or health information exchange; patient access to electronic
health records.
1. Except as otherwise provided in
subsection 2 of NRS 439.538, a patient must not be
required to participate in a health information exchange. Before a patient’s
health care records may be transmitted electronically or included in a health
information exchange, the patient must be fully informed and consent, in the
manner prescribed by the Director, to the transmittal or inclusion.
2. A patient must be notified in the manner
prescribed by the Director of any breach of the confidentiality of electronic
health records of the patient or a health information exchange.
3. A patient who consents to the inclusion
of his or her electronic health record in a health information exchange may at
any time request access to his or her electronic health record in accordance
with the provisions of 45 C.F.R. § 164.526.
(Added to NRS by 2011, 1759)
NRS 439.592 Electronic health records, electronic signatures and
electronically transmitted health information deemed to comply with certain
writing and signature requirements; information maintained or transmitted in
electronic health record or system deemed to comply with certain
confidentiality requirements; exception.
1. Except as otherwise prohibited by
federal law:
(a) If a statute or regulation requires that a
health care record, prescription, medical directive or other health-related
document be in writing, or that such a record, prescription, directive or
document be signed, an electronic health record, an electronic signature or the
transmittal of health information in accordance with the provisions of NRS 439.581 to 439.595,
inclusive, and the regulations adopted pursuant thereto shall be deemed to
comply with the requirements of the statute or regulation.
(b) If a statute or regulation requires that a
health care record or information contained in a health care record be kept
confidential, maintaining or transmitting that information in an electronic
health record or the statewide health information exchange system in accordance
with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted
pursuant thereto concerning the confidentiality of records shall be deemed to
comply with the requirements of the statute or regulation.
2. As used in this section, “health care
record” has the meaning ascribed to it in NRS
629.021.
(Added to NRS by 2011, 1759)
NRS 439.593 Immunity from liability for health care provider who uses
system. A health care provider who
with reasonable care relies upon an apparently genuine electronic health record
accessed through the statewide health information exchange system to make a
decision concerning the provision of health care to a patient is immune from
civil or criminal liability for the decision if:
1. The electronic health record is
inaccurate;
2. The inaccuracy was not caused by the
health care provider;
3. The inaccuracy resulted in an
inappropriate health care decision; and
4. The health care decision was
appropriate based upon the information contained in the inaccurate electronic
health record.
(Added to NRS by 2011, 1758)
NRS 439.594 Immunity from liability for governing entity, administrator of
system and health information exchange. The
governing entity established or contracted with pursuant to NRS 439.588, a public or private entity with whom the
governing entity contracts to administer the statewide health information
system pursuant to NRS 439.588, and any health
information exchange with which the governing entity contracts pursuant to NRS 439.588 that with reasonable care includes or
causes to be included in the statewide health information exchange system
apparently genuine health-related information that was provided to the
governing entity, administrator or health information exchange, as applicable,
is immune from civil and criminal liability for including the information in
the statewide health information exchange system if reliance on that
information by a health care provider results in an undesirable or adverse
outcome if:
1. The information in the statewide health
information exchange system mirrors the information that was provided to the
governing entity, administrator or health information exchange;
2. The health care provider was informed
of known risks associated with the quality and accuracy of information included
in the statewide health information exchange system;
3. Any inaccuracy in the information
included in the statewide health information exchange system was not caused by
the governing entity, administrator or the health information exchange; and
4. The information in the statewide health
information exchange system:
(a) Was incomplete, if applicable, because a
health care provider elected not to participate in the system; or
(b) Was not available, if applicable, because of
operational issues with the system, which may include, without limitation,
maintenance or inoperability of the system.
(Added to NRS by 2011, 1758)
NRS 439.595 Provision of information to electronic health record or
participation in health information exchange not unfair trade practice. Providing information to an electronic health
record or participating in a health information exchange in accordance with NRS 439.581 to 439.595,
inclusive, does not constitute an unfair trade practice pursuant to chapter 598A or 686A
of NRS.
(Added to NRS by 2011, 1758)
ADMINISTRATION OF CERTAIN PROCEEDS FROM MANUFACTURERS OF
TOBACCO PRODUCTS
General Provisions
NRS 439.600 Legislative declaration.
1. The Legislature hereby declares that
its priorities in expending the proceeds to the State of Nevada from settlement
agreements with and civil actions against manufacturers of tobacco products
are:
(a) To increase the number of Nevada students who
attend and graduate from Nevada institutions of higher education; and
(b) To assist Nevada residents in obtaining and
maintaining good health.
2. To further these priorities, the
Legislature hereby declares that it is in the best interest of the residents of
this State that all money received by the State of Nevada pursuant to any
settlement entered into by the State of Nevada and a manufacturer of tobacco
products and all money recovered by the State of Nevada from a judgment in a
civil action against a manufacturer of tobacco products be dedicated solely
toward the achievement of the following goals:
(a) Increasing the number of Nevada residents who
enroll in and attend a university, college or community college in the State of
Nevada;
(b) Reducing and preventing the use of tobacco
products, alcohol and illegal drugs, especially by children;
(c) Expanding the availability of health
insurance and health care for children and adults in this State, especially for
children and for adults with disabilities;
(d) Assisting senior citizens and persons with
disabilities who have modest incomes in purchasing prescription drugs,
pharmaceutical services and, to the extent money is available, other services,
including, without limitation, dental and vision services, and hearing aids or
other devices that enhance the ability to hear, and assisting those senior
citizens and persons with disabilities in meeting their needs related to health
care, home care, respite care and their ability to live independent of
institutional care; and
(e) Promoting the general health of all residents
of the State of Nevada.
(Added to NRS by 1999, 2755; A 2001, 1418; 2005, 1570; 2007, 2336)
Fund for a Healthy Nevada
NRS 439.620 Creation and administration of Fund; appropriation and
expenditure of contents.
1. The Fund for a Healthy Nevada is hereby
created in the State Treasury. The State Treasurer shall deposit in the Fund:
(a) Sixty percent of all money received by this
State pursuant to any settlement entered into by the State of Nevada and a
manufacturer of tobacco products; and
(b) Sixty percent of all money recovered by this
State from a judgment in a civil action against a manufacturer of tobacco
products.
2. The State Treasurer shall administer
the Fund. As administrator of the Fund, the State Treasurer:
(a) Shall maintain the financial records of the
Fund;
(b) Shall invest the money in the Fund as the
money in other state funds is invested;
(c) Shall manage any account associated with the
Fund;
(d) Shall maintain any instruments that evidence
investments made with the money in the Fund;
(e) May contract with vendors for any good or
service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to
administer the Fund.
3. The interest and income earned on the
money in the Fund must, after deducting any applicable charges, be credited to
the Fund. All claims against the Fund must be paid as other claims against the
State are paid.
4. The State Treasurer or the Department
may submit to the Interim Finance Committee a request for an allocation for
administrative expenses from the Fund pursuant to this section. Except as
otherwise limited by this subsection, the Interim Finance Committee may
allocate all or part of the money so requested. The annual allocation for
administrative expenses from the Fund must:
(a) Not exceed 2 percent of the money in the
Fund, as calculated pursuant to this subsection, each year to pay the costs
incurred by the State Treasurer to administer the Fund; and
(b) Not exceed 5 percent of the money in the
Fund, as calculated pursuant to this subsection, each year to pay the costs
incurred by the Department, including, without limitation, the Aging and
Disability Services Division of the Department, to carry out its duties set
forth in NRS 439.630, to administer the provisions
of NRS 439.635 to 439.690,
inclusive, and NRS 439.705 to 439.795, inclusive.
Ê For the
purposes of this subsection, the amount of money available for allocation to
pay for the administrative costs must be calculated at the beginning of each
fiscal year based on the total amount of money anticipated by the State
Treasurer to be deposited in the Fund during that fiscal year.
5. The money in the Fund remains in the
Fund and does not revert to the State General Fund at the end of any fiscal
year.
6. All money that is deposited or paid
into the Fund is hereby appropriated to be used for any purpose authorized by
the Legislature or by the Department for expenditure or allocation in
accordance with the provisions of NRS 439.630.
Money expended from the Fund must not be used to supplant existing methods of
funding that are available to public agencies.
(Added to NRS by 1999, 2756; A 2001, 2668; 2003, 1748; 2005, 918, 1255, 1329, 2047; 2007, 2337; 2010, 26th
Special Session, 17; 2011, 2868)
NRS 439.630 Powers and duties of Department; eligibility of veterans for
certain benefits or services available to senior citizens, persons with
disabilities and other specified persons; submission of biennial report by
Grants Management Advisory Committee, Nevada Commission on Aging and Nevada
Commission on Services for Persons with Disabilities.
1. The Department shall:
(a) Conduct, or require the Grants Management
Advisory Committee created by NRS 232.383
to conduct, public hearings to accept public testimony from a wide variety of
sources and perspectives regarding existing or proposed programs that:
(1) Promote public health;
(2) Improve health services for children,
senior citizens and persons with disabilities;
(3) Reduce or prevent the abuse of and
addiction to alcohol and drugs; and
(4) Offer other general or specific
information on health care in this State.
(b) Establish a process to evaluate the health
and health needs of the residents of this State and a system to rank the health
problems of the residents of this State, including, without limitation, the
specific health problems that are endemic to urban and rural communities, and
report the results of the evaluation to the Legislative Committee on Health
Care on an annual basis.
(c) Subject to legislative authorization,
allocate money for direct expenditure by the Department to pay for prescription
drugs, pharmaceutical services and, to the extent money is available, other
benefits, including, without limitation, dental and vision benefits and hearing
aids or other devices that enhance the ability to hear, for senior citizens
pursuant to NRS 439.635 to 439.690,
inclusive. From the money allocated pursuant to this paragraph, the Department
may subsidize any portion of the cost of providing prescription drugs,
pharmaceutical services and, to the extent money is available, other benefits,
including, without limitation, dental and vision benefits and hearing aids or
other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690,
inclusive. The Department shall consider recommendations from the Grants
Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690,
inclusive. The Department shall submit a quarterly report to the Governor, the
Interim Finance Committee, the Legislative Committee on Health Care and any
other committees or commissions the Director deems appropriate regarding the
general manner in which expenditures have been made pursuant to this paragraph.
(d) Subject to legislative authorization,
allocate, by contract or grant, money for expenditure by the Aging and
Disability Services Division of the Department in the form of grants for
existing or new programs that assist senior citizens and other specified
persons with independent living, including, without limitation, programs that
provide:
(1) Respite care or relief of informal
caretakers, including, without limitation, informal caretakers of any person
with Alzheimer’s disease or other related dementia regardless of the age of the
person;
(2) Transportation to new or existing
services to assist senior citizens in living independently; and
(3) Care in the home which allows senior
citizens to remain at home instead of in institutional care.
Ê The Aging
and Disability Services Division of the Department shall consider recommendations
from the Grants Management Advisory Committee concerning the independent living
needs of senior citizens.
(e) Allocate $200,000 of all revenues deposited
in the Fund for a Healthy Nevada each year for direct expenditure by the
Director to:
(1) Provide guaranteed funding to finance
assisted living facilities that satisfy the criteria for certification set
forth in NRS 319.147; and
(2) Fund assisted living facilities that
satisfy the criteria for certification set forth in NRS 319.147 and assisted living supportive
services that are provided pursuant to the provisions of the home and
community-based services waiver which are amended pursuant to NRS 422.2708.
Ê The Director
shall develop policies and procedures for distributing the money allocated pursuant
to this paragraph. Money allocated pursuant to this paragraph does not revert
to the Fund at the end of the fiscal year.
(f) Subject to legislative authorization,
allocate to the Division money for programs that are consistent with the
guidelines established by the Centers for Disease Control and Prevention of the
United States Department of Health and Human Services relating to
evidence-based best practices to prevent, reduce or treat the use of tobacco
and the consequences of the use of tobacco. In making allocations pursuant to
this paragraph, the Division shall allocate the money, by contract or grant:
(1) To the district board of health in
each county whose population is 100,000 or more for expenditure for such
programs in the respective county;
(2) For such programs in counties whose
population is less than 100,000; and
(3) For statewide programs for tobacco
cessation and other statewide services for tobacco cessation and for statewide
evaluations of programs which receive an allocation of money pursuant to this
paragraph, as determined necessary by the Division and the district boards of
health.
(g) Subject to legislative authorization,
allocate, by contract or grant, money for expenditure for programs that improve
the health and well-being of residents of this State, including, without limitation,
programs that improve health services for children.
(h) Subject to legislative authorization,
allocate, by contract or grant, money for expenditure for programs that improve
the health and well-being of persons with disabilities. In making allocations
pursuant to this paragraph, the Department shall, to the extent practicable,
allocate the money evenly among the following three types of programs:
(1) Programs that provide respite care or
relief of informal caretakers for persons with disabilities;
(2) Programs that provide positive
behavioral supports to persons with disabilities; and
(3) Programs that assist persons with
disabilities to live safely and independently in their communities outside of
an institutional setting.
(i) Subject to legislative authorization,
allocate money for direct expenditure by the Department to subsidize any
portion of the cost of providing prescription drugs, pharmaceutical services
and, to the extent money is available, other benefits, including, without limitation,
dental and vision benefits and hearing aids or other devices that enhance the
ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795,
inclusive. The Department shall consider recommendations from the Grants
Management Advisory Committee in carrying out the provisions of NRS 439.705 to 439.795,
inclusive.
(j) Maximize expenditures through local, federal
and private matching contributions.
(k) Ensure that any money expended from the Fund
will not be used to supplant existing methods of funding that are available to
public agencies.
(l) Develop policies and procedures for the
administration and distribution of contracts, grants and other expenditures to
state agencies, political subdivisions of this State, nonprofit organizations,
universities, state colleges and community colleges. A condition of any such
contract or grant must be that not more than 8 percent of the contract or grant
may be used for administrative expenses or other indirect costs. The procedures
must require at least one competitive round of requests for proposals per
biennium.
(m) To make the allocations required by
paragraphs (f), (g) and (h):
(1) Prioritize and quantify the needs for
these programs;
(2) Develop, solicit and accept
applications for allocations;
(3) Review and consider the
recommendations of the Grants Management Advisory Committee submitted pursuant
to NRS 232.385;
(4) Conduct annual evaluations of programs
to which allocations have been awarded; and
(5) Submit annual reports concerning the
programs to the Governor, the Interim Finance Committee, the Legislative
Committee on Health Care and any other committees or commissions the Director
deems appropriate.
(n) Transmit a report of all findings,
recommendations and expenditures to the Governor, each regular session of the
Legislature, the Legislative Committee on Health Care and any other committees
or commissions the Director deems appropriate.
(o) After considering the recommendations
submitted to the Director pursuant to subsection 6, develop a plan each
biennium to determine the percentage of available money in the Fund for a
Healthy Nevada to be allocated from the Fund for the purposes described in
paragraphs (c), (d), (f), (g), (h) and (i). The plan must be submitted as part
of the proposed budget submitted to the Chief of the Budget Division of the
Department of Administration pursuant to NRS
353.210.
(p) On or before September 30 of each
even-numbered year, submit to the Grants Management Advisory Committee, the
Nevada Commission on Aging created by NRS
427A.032 and the Nevada Commission on Services for Persons with
Disabilities created by NRS 427A.1211
a report on the funding plan submitted to the Chief of the Budget Division of
the Department of Administration pursuant to paragraph (o).
2. The Department may take such other
actions as are necessary to carry out its duties.
3. To make the allocations required by
paragraph (d) of subsection 1, the Aging and Disability Services Division of
the Department shall:
(a) Prioritize and quantify the needs of senior
citizens and other specified persons for these programs;
(b) Develop, solicit and accept grant
applications for allocations;
(c) As appropriate, expand or augment existing
state programs for senior citizens and other specified persons upon approval of
the Interim Finance Committee;
(d) Award grants, contracts or other allocations;
(e) Conduct annual evaluations of programs to
which grants or other allocations have been awarded; and
(f) Submit annual reports concerning the
allocations made by the Aging and Disability Services Division pursuant to
paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee,
the Legislative Committee on Health Care and any other committees or commissions
the Director deems appropriate.
4. The Aging and Disability Services
Division of the Department shall submit each proposed grant or contract which
would be used to expand or augment an existing state program to the Interim
Finance Committee for approval before the grant or contract is awarded. The
request for approval must include a description of the proposed use of the
money and the person or entity that would be authorized to expend the money.
The Aging and Disability Services Division of the Department shall not expend
or transfer any money allocated to the Aging and Disability Services Division
pursuant to this section to subsidize any portion of the cost of providing
prescription drugs, pharmaceutical services and other benefits, including, without
limitation, dental and vision benefits and hearing aids or other devices that
enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690,
inclusive, or to subsidize any portion of the cost of providing prescription
drugs, pharmaceutical services and other benefits, including, without
limitation, dental and vision benefits and hearing aids or other devices that
enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795,
inclusive.
5. A veteran may receive benefits or other
services which are available from the money allocated pursuant to this section
for senior citizens or persons with disabilities to the extent that the veteran
does not receive other benefits or services provided to veterans for the same
purpose if the veteran qualifies for the benefits or services as a senior
citizen or a person with a disability, or both.
6. On or before June 30 of each
even-numbered year, the Grants Management Advisory Committee, the Nevada
Commission on Aging and the Nevada Commission on Services for Persons with
Disabilities each shall submit to the Director a report that includes, without
limitation, recommendations regarding community needs and priorities that are
determined by each such entity after any public hearings held by the entity.
(Added to NRS by 1999, 2758; A 2001, 2671; 2003, 330, 1749; 2005, 366, 919, 1256, 1330, 1571, 2048, 2051; 2007, 2338; 2009, 875; 2011, 2869;
2013, 154)
Subsidies for Cost of Prescription Drugs, Pharmaceutical
Services and Other Benefits to Senior Citizens
NRS 439.635 Definitions. As used in NRS 439.635 to 439.690,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 439.640, 439.645
and 439.650 have the meanings ascribed to them in
those sections.
(Added to NRS by 1999, 2760)
NRS 439.640 “Household income” defined. “Household
income” means the income received by a senior citizen and the spouse of the
senior citizen.
(Added to NRS by 1999, 2760; A 2001, 2661; 2011, 2467)
NRS 439.645 “Income” defined. “Income”
means adjusted gross income, as defined in the Internal Revenue Code. The term
includes, without limitation:
1. Tax-free interest;
2. The untaxed portion of a pension,
individual retirement account or annuity;
3. Railroad retirement benefits;
4. Veterans’ pensions and compensation;
5. Payments received pursuant to the
federal Social Security Act, including supplemental security income, but
excluding hospital and medical insurance benefits for persons who are aged or
disabled;
6. Public welfare payments, including
allowances for shelter;
7. Unemployment insurance benefits;
8. Payments for lost time;
9. Payments received from disability
insurance;
10. Disability payments received pursuant
to workers’ compensation insurance;
11. Alimony;
12. Support payments;
13. Allowances received by dependents of
servicemen or servicewomen;
14. The amount of recognized capital gains
and losses excluded from adjusted gross income;
15. Life insurance proceeds in excess of
$5,000;
16. Bequests and inheritances; and
17. Gifts of cash of more than $300 not
between household members and such other kinds of cash received by a household
as the Department specifies by regulation.
(Added to NRS by 1999, 2760; A 2001, 2661; 2011, 2467)
NRS 439.650 “Senior citizen” defined. “Senior citizen”
means a person who is domiciled in this state and is 62 years of age or older.
(Added to NRS by 1999, 2760)
NRS 439.655 Administration: Powers and duties of Department. The
Department is responsible for the administration of the provisions of NRS 439.635 to 439.690,
inclusive, and may:
1. Prescribe the content and form of a
request for a subsidy required to be submitted pursuant to NRS 439.670.
2. Designate the proof that must be
submitted with such a request.
3. Adopt regulations to protect the
confidentiality of information supplied by a senior citizen requesting a
subsidy pursuant to NRS 439.670.
4. Adopt such other regulations as may be
required to carry out the provisions of NRS 439.635
to 439.690, inclusive.
(Added to NRS by 1999, 2761)
NRS 439.660 Administration: Cooperation between state and local agencies. The
Department shall, in cooperation with the various counties in this State:
1. Combine all possible administrative
procedures required for determining those persons who are eligible for
assistance pursuant to NRS 439.635 to 439.690, inclusive;
2. Coordinate the collection of
information required to carry out those provisions in a manner that requires
persons requesting assistance to furnish information in as few reports as
possible; and
3. Design forms that may be used jointly
by the Department and the various counties in this State to carry out the
provisions of NRS 439.635 to 439.690,
inclusive.
(Added to NRS by 1999, 2761; A 2001, 2661; 2005, 1259; 2011, 2468)
NRS 439.665 Contracts to subsidize cost of prescription drugs,
pharmaceutical services and other benefits; eligibility for and amount of
subsidies; copayments; waiver of eligibility requirements; coverage provided by
Federal Government; authority of Department to change programs; eligibility of
veterans for subsidies.
1. The Department may:
(a) Enter into contracts with private insurers
who transact health insurance in this State to subsidize the cost of
prescription drugs, pharmaceutical services and, to the extent money is
available, other benefits, including, without limitation, dental and vision
benefits and hearing aids or other devices that enhance the ability to hear,
for senior citizens by arranging for the availability, at a reasonable cost, of
policies of health insurance that provide coverage to senior citizens for
prescription drugs, pharmaceutical services and, to the extent money is
available, other benefits, including, without limitation, dental and vision
benefits and hearing aids or other devices that enhance the ability to hear; or
(b) Subsidize the cost of prescription drugs,
pharmaceutical services and, to the extent money is available, other benefits,
including, without limitation, dental and vision benefits and hearing aids or
other devices that enhance the ability to hear, for senior citizens in any
other manner.
2. Within the limits of the money
available for this purpose in the Fund for a Healthy Nevada, a senior citizen
who is not eligible for Medicaid and who is eligible for a subsidy that is made
available pursuant to subsection 1 is entitled to an annual grant from the Fund
to subsidize the cost of prescription drugs, pharmaceutical services and, to
the extent money is available, other benefits, including, without limitation,
dental and vision benefits and hearing aids or other devices that enhance the
ability to hear, if the senior citizen has been domiciled in this State for at
least 1 year immediately preceding the date of application and except as
otherwise provided in subsection 5:
(a) If the senior citizen is single, his or her
income is not over $21,500; or
(b) If the senior citizen is married, his or her
household income is not over $28,660.
Ê The monetary
amounts set forth in this subsection must be adjusted for each fiscal year by
adding to each amount the product of the amount shown multiplied by the
percentage increase in the Consumer Price Index from December 2002 to the
December preceding the fiscal year for which the adjustment is calculated.
3. The subsidy granted pursuant to this
section must not exceed the annual cost of prescription drugs, pharmaceutical
services and to the extent money is available, other benefits, including,
without limitation, dental and vision benefits and hearing aids or other devices
that enhance the ability to hear, provided to the senior citizen.
4. A subsidy that is made available
pursuant to subsection 1 must provide for:
(a) A copayment of not more than $10 per
prescription drug or pharmaceutical service that is generic as set forth in the
formulary of the insurer or as set forth by the Department; and
(b) A copayment of not more than $25 per
prescription drug or pharmaceutical service that is preferred as set forth in
the formulary of the insurer or as set forth by the Department.
5. The Department may waive the
eligibility requirement set forth in subsection 2 regarding household income
upon written request of the applicant or enrollee based on one or more of the
following circumstances:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship, when considering
the current financial circumstances of the applicant or enrollee.
Ê An applicant
or enrollee who requests such a waiver shall include with that request all
medical and financial documents that support the request.
6. If the Federal Government provides any
coverage for:
(a) Prescription drugs and pharmaceutical
services; or
(b) Other benefits, including, without
limitation, dental or vision benefits or hearing aids or other devices that
enhance the ability to hear,
Ê for senior
citizens who are eligible for a subsidy pursuant to subsections 1 to 5,
inclusive, the Department may, upon approval of the Legislature, or the Interim
Finance Committee if the Legislature is not in session, change any program
established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance
with prescription drugs, pharmaceutical services and, to the extent money is
available, other benefits, including, without limitation, dental and vision
benefits and hearing aids or other devices that enhance the ability to hear,
for senior citizens within the limits of the money available for this purpose
in the Fund.
7. The provisions of subsections 1 to 5,
inclusive, do not apply to the extent that the Department provides assistance with
prescription drugs, pharmaceutical services and other benefits, including,
without limitation, dental and vision benefits and hearing aids or other
devices that enhance the ability to hear, for senior citizens pursuant to
subsection 6.
8. A veteran may receive assistance with
prescription drugs, pharmaceutical services and other benefits, including,
without limitation, dental and vision benefits and hearing aids or other
devices that enhance the ability to hear, pursuant to this section to the
extent that the veteran does not receive other services or benefits provided to
veterans for the same purpose if the veteran qualifies for the assistance as a
senior citizen.
(Added to NRS by 1999, 2760; A 2001, 2675; 2003, 1751, 3493; 2005, 1259, 1573; 2007, 2342)
NRS 439.670 Request for subsidy; action on request; payment of subsidy.
1. A senior citizen who wishes to receive
a subsidy pursuant to NRS 439.665 must file a
request therefor with the Department.
2. The request must be made under oath and
filed in such form and content, and accompanied by such proof, as the
Department may prescribe.
3. The Department shall, within 45 days
after receiving a request for a subsidy, examine the request and grant or deny
it.
4. The Department shall determine which
senior citizens are eligible to receive a subsidy pursuant to NRS 439.665 and, if the Department has entered into a
contract pursuant to NRS 439.665 to provide the
subsidy, pay the subsidy directly to the person or entity with whom the
Department has entered into the contract.
(Added to NRS by 1999, 2760; A 2001, 2676; 2005, 1260)
NRS 439.675 Denial of request for subsidy; repayment of amount received
pursuant to fraudulent request.
1. The Department shall deny any request
for a subsidy received pursuant to NRS 439.670 to
which the senior citizen is not entitled.
2. The Department may deny in total any
request which it finds to have been filed with fraudulent intent. If any such
request has been paid and is afterward denied, the amount of the subsidy must
be repaid by the senior citizen to the Department.
3. Any amounts received by the Department
pursuant to this section must be deposited with the State Treasurer for credit
to the Fund for a Healthy Nevada.
(Added to NRS by 1999, 2761; A 2001, 2677)
NRS 439.680 Judicial review of decision to deny request for subsidy. Any person who is aggrieved by a decision of
the department denying a request for a subsidy submitted pursuant to NRS 439.670 is entitled to judicial review thereof.
(Added to NRS by 1999, 2761)
NRS 439.685 Revocation of subsidy and payment of restitution. Any subsidy granted pursuant to NRS 439.665 to a senior citizen who is not qualified
for such a subsidy may be revoked by the Department. If a subsidy is so revoked,
the senior citizen shall make restitution to the Department for any subsidy
that the senior citizen has improperly received, and the Department shall take
all proper actions to collect the amount of the subsidy as a debt.
(Added to NRS by 1999, 2761)
NRS 439.690 Restrictions on use of information contained in request for
subsidy. No person may publish,
disclose or use any personal or confidential information contained in a request
for a subsidy submitted pursuant to NRS 439.670
except for purposes relating to the administration of NRS
439.635 to 439.690, inclusive.
(Added to NRS by 1999, 2761)
Subsidies for Provision of Pharmaceutical Services to
Persons With Disabilities
NRS 439.705 Definitions. As
used in NRS 439.705 to 439.795,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 439.715 and 439.725
have the meanings ascribed to them in those sections.
(Added to NRS by 2005, 1327)
NRS 439.715 “Household income” defined. “Household
income” has the meaning ascribed to it in NRS 439.640.
(Added to NRS by 2005, 1327; A 2011, 2468)
NRS 439.725 “Income” defined. “Income”
has the meaning ascribed to it in NRS 439.645.
(Added to NRS by 2005, 1327; A 2011, 2468)
NRS 439.735 Administration: Powers and duties of Department. The Department is responsible for the
administration of the provisions of NRS 439.705 to 439.795, inclusive, and may:
1. Prescribe the content and form of a
request for a subsidy required to be submitted pursuant to NRS 439.755.
2. Designate the proof that must be
submitted with such a request.
3. Adopt regulations to protect the
confidentiality of information supplied by a person with a disability
requesting a subsidy pursuant to NRS 439.755.
4. Adopt such other regulations as may be
required to carry out the provisions of NRS 439.705
to 439.795, inclusive.
(Added to NRS by 2005, 1327)
NRS 439.745 Contracts to subsidize cost of prescription drugs,
pharmaceutical services and other benefits; eligibility for and amount of
subsidies; copayments; waiver of eligibility requirements; coverage provided by
Federal Government; authority of Department to change programs; eligibility of
veterans for subsidies.
1. The Department may:
(a) Enter into contracts with private insurers
who transact health insurance in this State to subsidize the cost of
prescription drugs, pharmaceutical services and, to the extent money is
available, other benefits, including, without limitation, dental and vision
benefits and hearing aids or other devices that enhance the ability to hear,
for persons with disabilities by arranging for the availability, at a
reasonable cost, of policies of health insurance that provide coverage to
persons with disabilities for prescription drugs, pharmaceutical services and,
to the extent money is available, other benefits, including, without
limitation, dental and vision benefits and hearing aids or other devices that
enhance the ability to hear; or
(b) Subsidize the cost of prescription drugs, pharmaceutical
services and, to the extent money is available, other benefits, including,
without limitation, dental and vision benefits and hearing aids or other
devices that enhance the ability to hear, for persons with disabilities in any
other manner.
2. Within the limits of the money
available for this purpose in the Fund for a Healthy Nevada, a person with a
disability who is not eligible for Medicaid and who is eligible for a subsidy
for the cost of prescription drugs, pharmaceutical services and other benefits,
including, without limitation, dental and vision benefits and hearing aids or
other devices that enhance the ability to hear that is made available pursuant
to subsection 1 is entitled to an annual grant from the Fund to subsidize the
cost of prescription drugs, pharmaceutical services and other benefits,
including, without limitation, dental and vision benefits and hearing aids or
other devices that enhance the ability to hear, if he or she has been domiciled
in this State for at least 1 year immediately preceding the date of the
application and except as otherwise provided in subsection 5:
(a) If the person with a disability is single,
his or her income is not over $21,500; or
(b) If the person with a disability is married,
his or her household income is not over $28,660.
Ê The monetary
amounts set forth in this subsection must be adjusted for each fiscal year by
adding to each amount the product of the amount shown multiplied by the
percentage increase in the Consumer Price Index from December 2002 to the
December preceding the fiscal year for which the adjustment is calculated.
3. The subsidy granted pursuant to this
section must not exceed the annual cost of prescription drugs, pharmaceutical
services and, to the extent money is available, other benefits, including,
without limitation, dental and vision benefits and hearing aids or other
devices that enhance the ability to hear, provided to the person with a
disability.
4. A subsidy that is made available
pursuant to subsection 1 must provide for:
(a) A copayment of not more than $10 per
prescription drug or pharmaceutical service that is generic as set forth in the
formulary of the insurer or as set forth by the Department; and
(b) A copayment of not more than $25 per
prescription drug or pharmaceutical service that is preferred as set forth in
the formulary of the insurer or as set forth by the Department.
5. The Department may waive the
eligibility requirement set forth in subsection 2 regarding household income
upon written request of the applicant or enrollee based on one or more of the
following circumstances:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship, when considering
the current financial circumstances of the applicant or enrollee.
Ê An applicant
or enrollee who requests such a waiver shall include with that request all
medical and financial documents that support the request.
6. If the Federal Government provides any
coverage for:
(a) Prescription drugs and pharmaceutical
services; or
(b) Other benefits, including, without
limitation, dental or vision benefits or hearing aids or other devices that
enhance the ability to hear,
Ê for persons
with disabilities who are eligible for a subsidy pursuant to subsections 1 to
5, inclusive, the Department may, upon approval of the Legislature, or the
Interim Finance Committee if the Legislature is not in session, change any
program established pursuant to NRS 439.705 to 439.795, inclusive, and otherwise provide assistance
with prescription drugs, pharmaceutical services and, to the extent money is
available, other benefits, including, without limitation, dental and vision
benefits and hearing aids or other devices that enhance the ability to hear,
for persons with disabilities within the limits of the money available for this
purpose in the Fund.
7. The provisions of subsections 1 to 5,
inclusive, do not apply if the Department provides assistance with prescription
drugs, pharmaceutical services and other benefits, including, without
limitation, dental and vision benefits and hearing aids or other devices that
enhance the ability to hear, for persons with disabilities pursuant to
subsection 6.
8. A veteran may receive assistance with
prescription drugs, pharmaceutical services and other benefits, including,
without limitation, dental and vision benefits and hearing aids or other
devices that enhance the ability to hear, pursuant to this section to the
extent that the veteran does not receive other services or benefits provided to
veterans for the same purpose if the veteran qualifies for the assistance as a
person with a disability.
(Added to NRS by 2005, 1327; A 2007, 2343)
NRS 439.755 Request for subsidy; action on request; payment of subsidy.
1. A person with a disability who wishes
to receive a subsidy pursuant to NRS 439.745 must
file a request therefor with the Department.
2. The request must be made under oath and
filed in such form and content, and accompanied by such proof, as the
Department may prescribe.
3. The Department shall, within 45 days
after receiving a request for a subsidy, examine the request and grant or deny
it.
4. The Department shall determine which
persons with disabilities are eligible to receive a subsidy pursuant to NRS 439.745 and, if the Department has entered into a
contract pursuant to NRS 439.745 to provide the
subsidy, pay the subsidy directly to the person or entity with whom the
Department has entered into the contract.
(Added to NRS by 2005, 1329)
NRS 439.765 Denial of request for subsidy; repayment of amount received
pursuant to fraudulent request.
1. The Department shall deny any request
for a subsidy received pursuant to NRS 439.755 to
which the person with a disability is not entitled.
2. The Department may deny in total any
request which it finds to have been filed with fraudulent intent. If any such
request has been paid and is afterward denied, the amount of the subsidy must
be repaid by the person with a disability to the Department.
3. Any amounts received by the Department
pursuant to this section must be deposited with the State Treasurer for credit
to the Fund for a Healthy Nevada.
(Added to NRS by 2005, 1329)
NRS 439.775 Judicial review of decision to deny request for subsidy. Any person who is aggrieved by a decision of
the Department denying a request for a subsidy submitted pursuant to NRS 439.755 is entitled to judicial review thereof.
(Added to NRS by 2005, 1329)
NRS 439.785 Revocation of subsidy and payment of restitution. Any subsidy granted pursuant to NRS 439.745 to a person with a disability who is not
qualified for such a subsidy may be revoked by the Department. If a subsidy is
so revoked, the person with a disability shall make restitution to the
Department for any subsidy the person has improperly received, and the
Department shall take all proper actions to collect the amount of the subsidy
as a debt.
(Added to NRS by 2005, 1329)
NRS 439.795 Restrictions on use of information contained in request for
subsidy. No person may publish,
disclose or use any personal or confidential information contained in a request
for a subsidy submitted pursuant to NRS 439.755
except for purposes relating to the administration of NRS
439.705 to 439.795, inclusive.
(Added to NRS by 2005, 1329)
HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES
NRS 439.800 Definitions. As
used in NRS 439.800 to 439.890,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 439.802 to 439.830,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2002
Special Session, 13; A 2005, 599; 2009, 552, 3068; 2011, 679, 1583)
NRS 439.802 “Facility-acquired infection” defined. “Facility-acquired
infection” means a localized or systemic condition which results from an
adverse reaction to the presence of an infectious agent or its toxins and which
was not detected as present or incubating at the time a patient was admitted to
a medical facility, including, without limitation:
1. Surgical site infections;
2. Ventilator-associated pneumonia;
3. Central line-related bloodstream
infections;
4. Urinary tract infections; and
5. Other categories of infections as may
be established by the State Board of Health by regulation pursuant to NRS 439.890.
(Added to NRS by 2005, 599; A 2009, 553)
NRS 439.805 “Medical facility” defined. “Medical
facility” means:
1. A hospital, as that term is defined in NRS 449.012 and 449.0151;
2. An obstetric center, as that term is
defined in NRS 449.0151 and 449.0155;
3. A surgical center for ambulatory
patients, as that term is defined in NRS
449.0151 and 449.019; and
4. An independent center for emergency
medical care, as that term is defined in NRS
449.013 and 449.0151.
(Added to NRS by 2002
Special Session, 13)
NRS 439.810 “Patient” defined. “Patient”
means a person who:
1. Is admitted to a medical facility for
the purpose of receiving treatment;
2. Resides in a medical facility; or
3. Receives treatment from a provider of
health care.
(Added to NRS by 2002
Special Session, 13)
NRS 439.815 “Patient safety officer” defined. “Patient
safety officer” means a person who is designated as such by a medical facility
pursuant to NRS 439.870.
(Added to NRS by 2002
Special Session, 13)
NRS 439.820 “Provider of health care” defined. “Provider
of health care” means a person who is licensed, certified or otherwise
authorized by the laws of this state to administer health care in the ordinary
course of the business or practice of a profession.
(Added to NRS by 2002
Special Session, 13)
NRS 439.830 “Sentinel event” defined.
1. Except as otherwise provided in subsection
2, “sentinel event” means an event included in Appendix A of “Serious
Reportable Events in Healthcare--2011 Update: A Consensus Report,” published by
the National Quality Forum.
2. If the publication described in
subsection 1 is revised, the term “sentinel events” means the most current
version of the list of serious reportable events published by the National
Quality Forum as it exists on the effective date of the revision which is
deemed to be:
(a) January 1 of the year following the
publication of the revision if the revision is published on or after January 1
but before July 1 of the year in which the revision is published; or
(b) July 1 of the year following the publication
of the revision if the revision is published on or after July 1 of the year in
which the revision is published but before January 1 of the year after the
revision is published.
3. If the National Quality Forum ceases to
exist, the most current version of the list shall be deemed to be the last
version of the publication in existence before the National Quality Forum
ceased to exist.
(Added to NRS by 2002
Special Session, 13; A 2005, 599; 2013, 217)
NRS 439.835 Mandatory reporting of sentinel events.
1. Except as otherwise provided in
subsection 2:
(a) A person who is employed by a medical
facility shall, within 24 hours after becoming aware of a sentinel event that
occurred at the medical facility, notify the patient safety officer of the
facility of the sentinel event; and
(b) The patient safety officer shall, within 13
days after receiving notification pursuant to paragraph (a), report the date,
the time and a brief description of the sentinel event to:
(1) The Division; and
(2) The representative designated pursuant
to NRS 439.855, if that person is different from
the patient safety officer.
2. If the patient safety officer of a
medical facility personally discovers or becomes aware, in the absence of
notification by another employee, of a sentinel event that occurred at the
medical facility, the patient safety officer shall, within 14 days after
discovering or becoming aware of the sentinel event, report the date, time and
brief description of the sentinel event to:
(a) The Division; and
(b) The representative designated pursuant to NRS 439.855, if that person is different from the
patient safety officer.
3. The State Board of Health shall
prescribe the manner in which reports of sentinel events must be made pursuant
to this section.
(Added to NRS by 2002
Special Session, 13; A 2009, 553)
NRS 439.837 Mandatory investigation of sentinel event by medical facility. A medical facility shall, upon reporting a
sentinel event pursuant to NRS 439.835, conduct an
investigation concerning the causes or contributing factors, or both, of the
sentinel event and implement a plan to remedy the causes or contributing
factors, or both, of the sentinel event.
(Added to NRS by 2009, 3068)
NRS 439.840 Reports of sentinel events: Duties of Division; confidentiality.
1. The Division shall:
(a) Collect and maintain reports received
pursuant to NRS 439.835 and 439.843
and any additional information requested by the Division pursuant to NRS 439.841;
(b) Ensure that such reports, and any additional
documents created from such reports, are protected adequately from fire, theft,
loss, destruction and other hazards and from unauthorized access;
(c) Annually prepare a report of sentinel events
reported pursuant to NRS 439.835 by a medical
facility, including, without limitation, the type of event, the number of
events, the rate of occurrence of events, and the medical facility which
reported the event, and provide the report for inclusion on the Internet
website maintained pursuant to NRS 439A.270;
and
(d) Annually prepare a summary of the reports
received pursuant to NRS 439.835 and provide a
summary for inclusion on the Internet website maintained pursuant to NRS 439A.270. The Division shall
maintain the confidentiality of the patient, the provider of health care or
other member of the staff of the medical facility identified in the reports
submitted pursuant to NRS 439.835 when preparing
the annual summary pursuant to this paragraph.
2. Except as otherwise provided in this
section and NRS 239.0115, reports
received pursuant to NRS 439.835 and subsection 1
of NRS 439.843 and any additional information
requested by the Division pursuant to NRS 439.841
are confidential, not subject to subpoena or discovery and not subject to
inspection by the general public.
3. The report prepared pursuant to
paragraph (c) of subsection 1 must provide to the public information concerning
each medical facility which provided medical services and care in the
immediately preceding calendar year and must:
(a) Be presented in a manner that allows a person
to view and compare the information for the medical facilities;
(b) Be readily accessible and understandable by a
member of the general public;
(c) Use standard statistical methodology,
including without limitation, risk-adjusted methodology when applicable, and
include the description of the methodology and data limitations contained in
the report;
(d) Not identify a patient, provider of health
care or other member of the staff of the medical facility; and
(e) Not be reported for a medical facility if reporting
the data would risk identifying a patient.
(Added to NRS by 2002
Special Session, 14; A 2007, 2107; 2009, 553, 3068; 2011, 836, 1799)
NRS 439.841 Authority of Division to request additional information or to
conduct audit or investigation; report of findings; payment of costs.
1. Upon receipt of a report pursuant to NRS 439.835, the Division may, as often as deemed
necessary by the Administrator to protect the health and safety of the public,
request additional information regarding the sentinel event or conduct an audit
or investigation of the medical facility.
2. A medical facility shall provide to the
Division any information requested in furtherance of a request for information,
an audit or an investigation pursuant to this section.
3. If the Division conducts an audit or
investigation pursuant to this section, the Division shall, within 30 days
after completing such an audit or investigation, report its findings to the
State Board of Health.
4. A medical facility which is audited or
investigated pursuant to this section shall pay to the Division the actual cost
of conducting the audit or investigation.
(Added to NRS by 2009, 552)
NRS 439.843 Annual summaries of reports of sentinel events; compilation by
Division; confidentiality; posting of patient safety plans by Department on
Internet website.
1. On or before March 1 of each year, each
medical facility shall provide to the Division, in the form prescribed by the
State Board of Health, a summary of the reports submitted by the medical
facility pursuant to NRS 439.835 during the
immediately preceding calendar year. The summary must include, without
limitation:
(a) The total number and types of sentinel events
reported by the medical facility, if any;
(b) A copy of the most current patient safety
plan established pursuant to NRS 439.865;
(c) A summary of the membership and activities of
the patient safety committee established pursuant to NRS
439.875; and
(d) Any other information required by the State
Board of Health concerning the reports submitted by the medical facility
pursuant to NRS 439.835.
2. On or before June 1 of each year, the
Division shall submit to the State Board of Health an annual summary of the
reports and information received by the Division pursuant to this section. The
annual summary must include, without limitation, a compilation of the
information submitted pursuant to subsection 1 and any other pertinent
information deemed necessary by the State Board of Health concerning the
reports submitted by the medical facility pursuant to NRS
439.835. The Division shall maintain the confidentiality of the patient,
the provider of health care or other member of the staff of the medical
facility identified in the reports submitted pursuant to NRS
439.835 and any other identifying information of a person requested by the
State Board of Health concerning those reports when preparing the annual
summary pursuant to this section.
3. The Department shall post on the
Internet website maintained pursuant to NRS
439A.270 or any other website maintained by the Department a copy of the
most current patient safety plan submitted by each medical facility pursuant to
subsection 1.
(Added to NRS by 2009, 551;
A 2011,
1583, 1800)
NRS 439.845 Analysis and reporting of trends regarding sentinel events;
treatment of certain information regarding corrective action by medical
facility.
1. The Division shall analyze and report
trends regarding sentinel events.
2. When the Division receives notice from
a medical facility that the medical facility has taken corrective action to
remedy the causes or contributing factors, or both, of a sentinel event, the
Division shall:
(a) Make a record of the information;
(b) Ensure that the information is released in a
manner so as not to reveal the identity of a specific patient, provider of
health care or member of the staff of the facility; and
(c) At least quarterly, report its findings
regarding the analysis of trends of sentinel events on the Internet website
maintained pursuant to NRS 439A.270.
(Added to NRS by 2002
Special Session, 14; A 2009, 3069;
2011, 1800)
NRS 439.847 Participation in surveillance system by medical facilities and
facilities for skilled nursing; access, analysis and reporting of information
submitted to surveillance system by Division; regulations.
1. Each medical facility and facility for
skilled nursing which provided medical services and care to an average of 25 or
more patients during each business day in the immediately preceding calendar
year shall, within 120 days after becoming eligible, participate in the secure,
Internet-based surveillance system established by the Division of Healthcare
Quality Promotion of the Centers for Disease Control and Prevention of the
United States Department of Health and Human Services that integrates patient
and health care personnel safety surveillance systems. As part of that
participation, the medical facility or facility for skilled nursing shall
provide, at a minimum, the information required by the Division pursuant to
this subsection. The Division shall by regulation prescribe the information
which must be provided by a medical facility or facility for skilled nursing,
including, without limitation, information relating to infections and
procedures.
2. Each medical facility or facility for
skilled nursing which provided medical services and care to an average of less
than 25 patients during each business day in the immediately preceding calendar
year may participate in the secure, Internet-based surveillance system
established by the Division of Healthcare Quality Promotion of the Centers for
Disease Control and Prevention of the United States Department of Health and
Human Services that integrates patient and health care personnel safety
surveillance systems.
3. A medical facility or facility for
skilled nursing that participates in the secure, Internet-based surveillance
system established by the Division of Healthcare Quality Promotion shall:
(a) Authorize the Division to access all
information submitted to the system by:
(1) A medical facility, on or after
October 15, 2010; and
(2) A facility for skilled nursing, on or
after January 1, 2012; and
(b) Provide consent for the Division to prepare and
post reports pursuant to paragraph (b) of subsection 4, including without
limitation, permission to identify the medical facility or facility for skilled
nursing that is the subject of each report:
(1) For a medical facility, on or after
October 15, 2010; and
(2) For a facility for skilled nursing, on
or after January 1, 2012.
4. The Division:
(a) Shall analyze the information submitted to
the system by medical facilities and facilities for skilled nursing pursuant to
this section and recommend regulations and legislation relating to the
reporting required pursuant to NRS 439.800 to 439.890, inclusive.
(b) Shall annually prepare a report of the
information submitted to the system by each medical facility and each facility
for skilled nursing pursuant to this section and provide the reports for
inclusion on the Internet website maintained pursuant to NRS 439A.270. The information must be
reported in a manner that allows a person to compare the information for the
medical facilities and for the facilities for skilled nursing and expressed as
a total number and a rate of occurrence.
(c) Shall enter into an agreement with the
Division of Healthcare Quality Promotion to carry out the provisions of this
section.
5. As used in this section, “facility for
skilled nursing” has the meaning ascribed to it in NRS 449.0039.
(Added to NRS by 2009, 3068;
A 2011, 837,
1801, 2125)
NRS 439.855 Notification of patients involved in sentinel events.
1. Each medical facility that is located
within this state shall designate a representative for the notification of
patients who have been involved in sentinel events at that medical facility.
2. A representative designated pursuant to
subsection 1 shall, not later than 7 days after discovering or becoming aware
of a sentinel event that occurred at the medical facility, provide notice of
that fact to each patient who was involved in that sentinel event.
3. The provision of notice to a patient
pursuant to subsection 2 must not, in any action or proceeding, be considered
an acknowledgment or admission of liability.
4. A representative designated pursuant to
subsection 1 may or may not be the same person who serves as the facility’s
patient safety officer.
(Added to NRS by 2002
Special Session, 14)
NRS 439.856 Provision of certain information relating to facility-acquired
infections to patients.
1. A medical facility shall:
(a) Provide to each patient of the medical
facility, upon admission of the patient, the general and facility-specific
information relating to facility-acquired infections required by subsection 2.
(b) Post in publicly accessible areas of the
medical facility information on reporting facility-acquired infections,
including, without limitation, the contact information for making reports to
the Division. Such information may be added to other required notices concerning
the making of reports to the Division.
2. The information provided to each
patient pursuant to paragraph (a) of subsection 1 must include, without
limitation:
(a) The measures used by the medical facility for
preventing infections, including facility-acquired infections;
(b) Information on determining whether a patient
had an infection upon admission to the medical facility, risk factors for
acquiring infections and determining whether an infection has been acquired;
(c) Information on preventing facility-acquired
infections;
(d) Instructions for reporting facility-acquired
infections, including, without limitation, the contact information for making
reports to the Division; and
(e) Any other information that the medical
facility deems necessary.
(Added to NRS by 2011, 1580)
NRS 439.857 Procedure for informing patient, legal guardian or other person
that patient at medical facility has infection; immunity from liability for
providing certain information.
1. Except as otherwise provided in
subsection 2, when a provider of health care confirms that a patient at the
medical facility has an infection, the provider of health care or the designee
of the provider of health care shall, as soon as practicable but not later than
5 days after the diagnosis is confirmed, inform the patient or the legal
guardian or other person authorized by the patient to receive such information
that the patient has an infection.
2. The provider of health care or the
designee of the provider of health care may delay providing information about
an infection if the patient does not have a legal guardian, has not authorized
any other person to receive such information and:
(a) Is not capable of understanding the
information;
(b) Is not conscious; or
(c) In the judgment of the provider of health
care, is likely to harm himself or herself if informed about the infection.
3. If the provider of health care or the
designee of the provider of health care delays providing information about an
infection pursuant to subsection 2, such information must be provided as soon
as practicable after:
(a) The patient is capable of understanding the
information;
(b) The patient regains consciousness;
(c) In the judgment of the provider of health
care, the patient is not likely to harm himself or herself if informed about
the infection; or
(d) A legal guardian or other person authorized
to receive such information is available.
4. A medical facility shall ensure that
the providers of health care of the medical facility establish protocols in
accordance with this section that provide the manner in which a provider of
health care or his or her designee must:
(a) Inform a patient or the legal guardian or
other person authorized by a patient to receive such information that the
patient has an infection; and
(b) If known or determined while a patient
remains at the medical facility, inform the patient or the legal guardian or
other person authorized by the patient to receive such information whether the
infection was acquired at the medical facility and of the apparent source of
the infection.
5. A person or governmental entity who,
with reasonable care, informs a patient or the legal guardian or other person
authorized by the patient to receive such information that an infection was not
acquired at the medical facility and of the apparent source of the infection
pursuant to subsection 4 is immune from any criminal or civil liability for
providing that information.
(Added to NRS by 2011, 1581)
NRS 439.860 Inadmissibility of certain information in administrative or
legal proceeding. Any report,
document and any other information compiled or disseminated pursuant to the
provisions of NRS 439.800 to 439.890,
inclusive, is not admissible in evidence in any administrative or legal
proceeding conducted in this State.
(Added to NRS by 2002
Special Session, 15; A 2005, 600; 2011, 679)
NRS 439.865 Patient safety plan: Development; inclusion of infection control
program to prevent and control infections; approval; notice; compliance; annual
review and update.
1. Each medical facility that is located
within this state shall develop, in consultation with the providers of health
care who provide treatment to patients at the medical facility, an internal
patient safety plan to improve the health and safety of patients who are
treated at that medical facility.
2. The patient safety plan must include,
without limitation:
(a) The patient safety checklists and patient
safety policies most recently adopted pursuant to NRS
439.877.
(b) An infection control program to prevent and
control infections within the medical facility. To carry out the program, the
medical facility shall adopt an infection control policy. The policy must
consist of:
(1) The current guidelines appropriate for
the facility’s scope of service developed by a nationally recognized infection
control organization as approved by the State Board of Health which may include,
without limitation, the Association for Professionals in Infection Control and
Epidemiology, Inc., the Centers for Disease Control and Prevention of the
United States Department of Health and Human Services, the World Health
Organization and the Society for Healthcare Epidemiology of America; and
(2) Facility-specific infection control
developed under the supervision of a certified infection preventionist.
3. The program to prevent and control
infections within the medical facility must provide for the designation of a
person who is responsible for infection control when the infection control
officer is absent to ensure that someone is responsible for infection control
at all times.
4. A medical facility shall submit its
patient safety plan to the governing board of the medical facility for approval
in accordance with the requirements of this section.
5. After a medical facility’s patient
safety plan is approved, the medical facility shall notify all providers of
health care who provide treatment to patients at the medical facility of the
existence of the plan and of the requirements of the plan. A medical facility
shall require compliance with its patient safety plan.
6. The patient safety plan must be
reviewed and updated annually in accordance with the requirements for approval
set forth in this section.
(Added to NRS by 2002
Special Session, 15; A 2011, 679, 1583)
NRS 439.870 Patient safety officer: Designation; duties.
1. A medical facility shall designate an
officer or employee of the facility to serve as the patient safety officer of
the medical facility.
2. The person who is designated as the
patient safety officer of a medical facility shall:
(a) Serve on the patient safety committee.
(b) Supervise the reporting of all sentinel
events alleged to have occurred at the medical facility, including, without
limitation, performing the duties required pursuant to NRS
439.835.
(c) Take such action as he or she determines to
be necessary to ensure the safety of patients as a result of an investigation
of any sentinel event alleged to have occurred at the medical facility.
(d) Report to the patient safety committee
regarding any action taken in accordance with paragraph (c).
(Added to NRS by 2002
Special Session, 15)
NRS 439.873 Designation, duties and qualifications of infection control
officer; required ratio of patients to employees with certain training in infection
control; Division to provide education and technical assistance.
1. A medical facility shall designate an
officer or employee of the facility to serve as the infection control officer
of the medical facility.
2. The person who is designated as the
infection control officer of a medical facility:
(a) Shall serve on the patient safety committee.
(b) Shall monitor the occurrences of infections
at the medical facility to determine the number and severity of infections.
(c) Shall report to the patient safety committee
concerning the number and severity of infections at the medical facility.
(d) Shall take such action as he or she
determines is necessary to prevent and control infections alleged to have
occurred at the medical facility.
(e) Shall carry out the provisions of the
infection control program adopted pursuant to NRS
439.865 and ensure compliance with the program.
3. If a medical facility has 175 or more
beds, the person who is designated as the infection control officer of the
medical facility must be certified as an infection preventionist by the
Certification Board of Infection Control and Epidemiology, Inc., or a successor
organization. A person may serve as the certified infection preventionist for
more than one medical facility if the facilities have common ownership.
4. A medical facility that designates an
infection control officer who is not a certified infection preventionist must
ensure that the person has successfully completed a nationally recognized basic
training program in infection control, which may include, without limitation,
the program offered by the Association for Professionals in Infection Control
and Epidemiology, Inc., or a successor organization. A medical facility shall
ensure that an infection control officer completes at least 4 hours of
continuing education each year on topics relating to current practices in
infection control and prevention.
5. A medical facility shall ensure that it
maintains a ratio of at least one employee who has the training described in
subsection 4 for every 100 occupied beds. The number of beds must be determined
based upon the most recent annual calendar-year average reported by the medical
facility to the Director pursuant to NRS
449.490 and the regulations adopted pursuant thereto.
6. A medical facility shall maintain
records concerning the certification and training required by this section.
7. The Division shall provide education
and technical assistance relating to infection control and prevention in
medical facilities.
(Added to NRS by 2011, 1582)
NRS 439.875 Patient safety committee: Establishment; composition; meetings;
duties; proceedings and records are privileged.
1. A medical facility shall establish a
patient safety committee.
2. Except as otherwise provided in
subsection 3:
(a) A patient safety committee established
pursuant to subsection 1 must be composed of:
(1) The infection control officer of the
medical facility.
(2) The patient safety officer of the
medical facility, if he or she is not designated as the infection control
officer of the medical facility.
(3) At least three providers of health
care who treat patients at the medical facility, including, without limitation,
at least one member of the medical, nursing and pharmaceutical staff of the
medical facility.
(4) One member of the executive or
governing body of the medical facility.
(b) A patient safety committee shall meet at
least once each month.
3. The Administrator shall adopt
regulations prescribing the composition and frequency of meetings of patient
safety committees at medical facilities having fewer than 25 employees and
contractors.
4. A patient safety committee shall:
(a) Receive reports from the patient safety
officer pursuant to NRS 439.870.
(b) Evaluate actions of the patient safety
officer in connection with all reports of sentinel events alleged to have
occurred at the medical facility.
(c) Review and evaluate the quality of measures
carried out by the medical facility to improve the safety of patients who
receive treatment at the medical facility.
(d) Review and evaluate the quality of measures
carried out by the medical facility to prevent and control infections at the
medical facility.
(e) Make recommendations to the executive or
governing body of the medical facility to reduce the number and severity of
sentinel events and infections that occur at the medical facility.
(f) At least once each calendar quarter, report
to the executive or governing body of the medical facility regarding:
(1) The number of sentinel events that
occurred at the medical facility during the preceding calendar quarter;
(2) The number and severity of infections
that occurred at the medical facility during the preceding calendar quarter;
and
(3) Any recommendations to reduce the
number and severity of sentinel events and infections that occur at the medical
facility.
(g) Adopt patient safety checklists and patient
safety policies as required by NRS 439.877, review
the checklists and policies annually and revise the checklists and policies as
the patient safety committee determines necessary.
5. The proceedings and records of a
patient safety committee are subject to the same privilege and protection from
discovery as the proceedings and records described in NRS 49.265.
(Added to NRS by 2002
Special Session, 15; A 2011, 679, 1584)
NRS 439.877 Patient safety checklists and patient safety policies: Adoption
by patient safety committee; required provisions; duties of patient safety
committee.
1. The patient safety committee
established pursuant to NRS 439.875 by a medical
facility shall adopt patient safety checklists and patient safety policies for
use by:
(a) Providers of health care who provide
treatment to patients at the medical facility;
(b) Other personnel of the medical facility who
provide treatment or assistance to patients;
(c) Employees of the medical facility who do not
provide treatment to patients but whose duties affect the health or welfare of
the patients at the facility, including, without limitation, a janitor of the
medical facility; and
(d) Persons with whom the medical facility enters
into a contract to provide treatment to patients or to provide services which
may affect the health or welfare of patients at the facility.
2. The patient safety checklists adopted
pursuant to subsection 1 must follow protocols to improve the health outcomes
of patients at the medical facility and must include, without limitation:
(a) Checklists related to specific types of
treatment. Such checklists must include, without limitation, a requirement to
document that the treatment provided was properly ordered by the provider of
health care.
(b) Checklists for ensuring that employees of the
medical facility and contractors with the medical facility who are not
providers of health care follow protocols to ensure that the room and
environment of the patient is sanitary.
(c) A checklist to be used when discharging a
patient from the facility which includes, without limitation, verifying that
the patient received:
(1) Proper instructions concerning
prescription medications;
(2) Instructions concerning aftercare; and
(3) Any other instructions concerning his
or her care upon discharge.
(d) Any other checklists which may be appropriate
to ensure the safety of patients at the medical facility.
3. The patient safety policies adopted
pursuant to subsection 1 must include, without limitation:
(a) A policy for appropriately identifying a
patient before providing treatment. Such a policy must require the patient to
be identified with at least two personal identifiers before each interaction
with a provider of health care. The personal identifiers may include, without
limitation, the name and date of birth of the patient.
(b) A policy regarding the nationally recognized
standard precautionary protocols to be observed by providers of health care at
the medical facility including, without limitation, protocols relating to hand
hygiene.
(c) A policy to ensure compliance with the
patient safety checklists and patient safety policies adopted pursuant to this
section, which may include, without limitation, active surveillance. Active
surveillance may include, without limitation, a system for reporting
violations, peer-to-peer communication, video monitoring and audits of
sanitation materials.
4. The patient safety committee shall:
(a) Monitor and document the effectiveness of the
patient identification policy adopted pursuant to paragraph (a) of subsection
3.
(b) At least annually, review the patient safety
checklists and patient safety policies adopted pursuant to this section and
consider any additional patient safety checklists and patient safety policies
that may be appropriate for adoption for use at the medical facility.
(c) Revise a patient safety checklist and patient
safety policy adopted pursuant to this section as necessary to ensure that the
checklist or policy, as applicable, reflects the most current standards in
patient safety protocols.
(d) On or before July 1 of each year, submit a
report to the Director of the Legislative Counsel Bureau for transmittal to the
Legislative Committee on Health Care. The report must include information
regarding the development, revision and usage of the patient safety checklists
and patient safety policies and a summary of the annual review conducted
pursuant to paragraph (b).
(Added to NRS by 2011, 677)
NRS 439.880 Immunity from criminal and civil liability. No person is subject to any criminal penalty
or civil liability for libel, slander or any similar cause of action in tort if
the person, without malice:
1. Reports a sentinel event to a
governmental entity with jurisdiction or another appropriate authority;
2. Notifies a governmental entity with
jurisdiction or another appropriate authority of a sentinel event;
3. Transmits information regarding a
sentinel event to a governmental entity with jurisdiction or another
appropriate authority;
4. Compiles, prepares or disseminates
information regarding a sentinel event to a governmental entity with
jurisdiction or another appropriate authority; or
5. Performs any other act authorized
pursuant to NRS 439.800 to 439.890,
inclusive.
(Added to NRS by 2002
Special Session, 16; A 2005, 600; 2011, 680)
NRS 439.885 Violation by medical facility: Administrative sanction
prohibited when voluntarily reported; administrative sanction imposed when not
voluntarily reported; appeal of imposition of sanction; accounting and
expenditure of money.
1. If a medical facility:
(a) Commits a violation of any provision of NRS 439.800 to 439.890,
inclusive, or for any violation for which an administrative sanction pursuant
to NRS 449.163 would otherwise be
applicable; and
(b) Of its own volition, reports the violation to
the Administrator,
Ê such a
violation must not be used as the basis for imposing an administrative sanction
pursuant to NRS 449.163.
2. If a medical facility commits a
violation of any provision of NRS 439.800 to 439.890, inclusive, and does not, of its own volition,
report the violation to the Administrator, the Division may, in accordance with
the provisions of subsection 3, impose an administrative sanction:
(a) For failure to report a sentinel event, in an
amount not to exceed $100 per day for each day after the date on which the
sentinel event was required to be reported pursuant to NRS
439.835;
(b) For failure to adopt and implement a patient
safety plan pursuant to NRS 439.865, in an amount
not to exceed $1,000 for each month in which a patient safety plan was not in
effect; and
(c) For failure to establish a patient safety
committee or failure of such a committee to meet pursuant to the requirements
of NRS 439.875, in an amount not to exceed $2,000
for each violation of that section.
3. Before the Division imposes an
administrative sanction pursuant to subsection 2, the Division shall provide
the medical facility with reasonable notice. The notice must contain the legal
authority, jurisdiction and reasons for the action to be taken. If a medical
facility wants to contest the action, the facility may file an appeal pursuant
to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an
appeal, the Division shall hold a hearing in accordance with those regulations.
4. An administrative sanction collected
pursuant to this section must be accounted for separately and used by the
Division to provide training and education to employees of the Division,
employees of medical facilities and members of the general public regarding
issues relating to the provision of quality and safe health care.
(Added to NRS by 2002
Special Session, 16; A 2005, 600; 2009, 554; 2011, 680; 2013, 3042)
NRS 439.890 Adoption of regulations. The
State Board of Health shall adopt such regulations as the Board determines to
be necessary or advisable to carry out the provisions of NRS
439.800 to 439.890, inclusive.
(Added to NRS by 2002
Special Session, 16; A 2005, 600; 2009, 554; 2011, 681)
WEBSITE FOR INFORMATION CONCERNING PRICE OF COMMONLY
PRESCRIBED DRUGS
NRS 439.900 “Pharmacy” defined. As
used in NRS 439.900 to 439.940,
inclusive, unless the context otherwise requires, “pharmacy” means every store
or shop licensed by the State Board of Pharmacy where drugs, controlled
substances, poisons, medicines or chemicals are stored or possessed, or
dispensed or sold at retail, or displayed for sale at retail, or where
prescriptions are compounded or dispensed. The term does not include an
institutional pharmacy as defined in NRS
639.0085.
(Added to NRS by 2007, 3137)
NRS 439.905 Organization representing interests of retail merchants to
prepare and update list of most commonly prescribed drugs or generic
equivalents. The organization with
the largest membership in this State which represents the interests of retail
merchants, as determined by the Department, shall:
1. Prepare a list of not less than the 100
brand name prescription drugs or generic equivalents most commonly prescribed
to residents of this State; and
2. At least once each calendar year,
update the list prepared pursuant to subsection 1 and transmit the list to the
Department.
(Added to NRS by 2007, 3137)
NRS 439.910 Pharmacies to provide to Department contact information, electronic
mail address and address of Internet website; exceptions.
1. Except as otherwise provided in
subsections 2 and 3, each pharmacy shall, in accordance with the regulations
adopted pursuant to NRS 439.930, provide to the
Department:
(a) Information that a consumer may use to
locate, contact or otherwise do business with the pharmacy, including, without
limitation:
(1) The name of the pharmacy;
(2) The physical address of the pharmacy;
and
(3) The phone number of the pharmacy;
(b) If the pharmacy maintains an electronic mail
address, the electronic mail address of the pharmacy; and
(c) If the pharmacy maintains an Internet
website, the Internet address of that website.
2. If a pharmacy is not located within the
State of Nevada, the pharmacy may, but is not required to, provide to the
Department the information described in subsection 1.
3. If a pharmacy is part of a larger
company or corporation or a chain of pharmacies or retail stores, the parent
company or corporation may provide to the Department the information described
in subsection 1.
(Added to NRS by 2007, 3137)
NRS 439.915 Department to place on Internet website information concerning
pharmacies and prices for prescription drugs; additional or alternative
procedures for obtaining information concerning pharmacies and prices for prescription
drugs.
1. Except as otherwise provided in
subsection 2, the Department shall:
(a) Place or cause to be placed on the Internet
website maintained by the Department the information provided by each pharmacy
pursuant to NRS 439.910;
(b) Ensure that the information provided by each
pharmacy pursuant to NRS 439.910 and placed on the
Internet website maintained by the Department is organized so that each
individual pharmacy has its own separate entry on that website; and
(c) Ensure that the usual and customary price
that each pharmacy charges for each prescription drug that is on the list
prepared pursuant to NRS 439.905 and that is
stocked by the pharmacy:
(1) Is presented on the Internet website
maintained by the Department in a manner which complies with the requirements
of NRS 439.920; and
(2) Is updated not less frequently than
once each calendar quarter.
Ê Nothing in
this subsection prohibits the Department from determining the usual and
customary price that a pharmacy charges for a prescription drug by extracting
or otherwise obtaining such information from claims reported by pharmacies to
the Medicaid program.
2. If a pharmacy is part of a larger
company or corporation or a chain of pharmacies or retail stores, the
Department may present the pricing information pertaining to such a pharmacy in
such a manner that the pricing information is combined with the pricing
information relative to other pharmacies that are part of the same company,
corporation or chain, to the extent that the pricing information does not
differ among those pharmacies.
3. The Department may establish additional
or alternative procedures by which a consumer who is unable to access the
Internet or is otherwise unable to receive the information described in subsection
1 in the manner in which it is presented by the Department may obtain that
information:
(a) In the form of paper records;
(b) Through the use of a telephonic system; or
(c) Using other methods or technologies designed
specifically to assist consumers who are hearing impaired or visually impaired.
4. As used in this section, “usual and
customary price” means the usual and customary charges that a provider charges
to the general public for a drug, as described in 42 C.F.R. § 447.331.
(Added to NRS by 2007, 3138)
NRS 439.920 Manner of presentation of information.
1. Except as otherwise provided in this
section, the Department shall ensure that the list of prescription drugs
prepared pursuant to NRS 439.905 and the
information that pharmacies and the Department provide and obtain pursuant to NRS 439.910 and 439.915
are combined and presented to consumers in such a manner that a consumer may
easily compare the prices for particular prescription drugs, and their generic
equivalents, that are currently charged by:
(a) Pharmacies located within the same city,
county or zip code in which the consumer resides;
(b) Internet pharmacies; and
(c) Pharmacies that provide mail order service to
residents of Nevada.
Ê The
requirements of paragraphs (b) and (c) apply only to the extent that
information regarding such pharmacies is made available to the Department.
2. As used in this section, “Internet
pharmacy” has the meaning ascribed to it in NRS 639.00865.
(Added to NRS by 2007, 3138)
NRS 439.925 Immunity from civil and criminal liability. The Department and its members, officers and
employees are not liable civilly or criminally for any act, omission, error or
technical problem that results in:
1. The failure to provide to consumers
information regarding a pharmacy, including, without limitation, the prices
charged by the pharmacy for the prescription drugs and generic equivalents that
are on the list prepared pursuant to NRS 439.905;
or
2. The providing to consumers of incorrect
information regarding a pharmacy, including, without limitation, the prices
charged by the pharmacy for the prescription drugs and generic equivalents that
are on the list prepared pursuant to NRS 439.905.
(Added to NRS by 2007, 3139)
NRS 439.930 Regulations. The
Department shall adopt such regulations as it determines to be necessary or
advisable to carry out the provisions of NRS 439.900
to 439.940, inclusive. Such regulations must
provide for, without limitation:
1. Notice to consumers stating that:
(a) Although the Department will strive to ensure
that consumers receive accurate information regarding pharmacies, including,
without limitation, the prices charged by those pharmacies for the prescription
drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905, the Department is unable to guarantee the
accuracy of such information;
(b) If a consumer follows an Internet link from
the Internet website maintained by the Department to an Internet website
maintained by a pharmacy, the Department is unable to guarantee the accuracy of
any information made available on the Internet website maintained by the
pharmacy; and
(c) The Department advises consumers to contact a
pharmacy directly to verify the accuracy of any information regarding the
pharmacy which is made available to consumers pursuant to NRS 439.900 to 439.940,
inclusive;
2. Procedures adopted to direct consumers
who have questions regarding the program described in NRS
439.900 to 439.940, inclusive, to contact the
Office for Consumer Health Assistance of the Department;
3. Provisions in accordance with which the
Department will allow an Internet link to the information provided by each
pharmacy pursuant to NRS 439.910 and made available
on the Department’s Internet website to be placed on other Internet websites
managed or maintained by other persons and entities, including, without
limitation, Internet websites managed or maintained by:
(a) Other governmental entities, including,
without limitation, the State Board of Pharmacy and the Office of the Governor;
and
(b) Nonprofit organizations and advocacy groups;
4. Procedures pursuant to which consumers
and pharmacies may report to the Department that information made available to
consumers pursuant to NRS 439.900 to 439.940, inclusive, is inaccurate;
5. The form and manner in which pharmacies
are to provide to the Department the information described in NRS 439.910; and
6. Standards and criteria pursuant to
which the Department may remove from its Internet website information regarding
a pharmacy or an Internet link to the Internet website maintained by a
pharmacy, or both, if the Department determines that the pharmacy has:
(a) Ceased to be licensed and in good standing
pursuant to chapter 639 of NRS; or
(b) Engaged in a pattern of providing to
consumers information that is false or would be misleading to reasonably
informed persons.
(Added to NRS by 2007, 3139; A 2011, 977)
NRS 439.935 Suspension of components of program or duties of Department if
sufficient money not available; acceptance of gifts and grants.
1. On or before July 1 of each
odd-numbered year, the Department shall make a determination of whether
sufficient money is available and authorized for expenditure to fund one or
more components of the programs and other duties of the Department relating to NRS 439.900 to 439.940,
inclusive.
2. The Department shall temporarily
suspend any components of the program or duties of the Department for which it
determines pursuant to subsection 1 that sufficient money is not available.
3. The Department may apply for and accept
any available grants and may accept any bequests, devises, donations or gifts
from any public or private source to carry out the provisions of NRS 439.900 to 439.940,
inclusive.
(Added to NRS by 2007, 3140)
NRS 439.940 Penalty for failure to provide information to Department. If a pharmacy that is licensed under the
provisions of chapter 639 of NRS and is
located within the State of Nevada fails to provide to the Department the
information required to be provided pursuant to NRS
439.910 or fails to provide such information on a timely basis, and the
failure was not caused by excusable neglect, technical problems or other
extenuating circumstances, the Department may impose against the pharmacy an
administrative penalty of not more than $500 for each day of such failure.
(Added to NRS by 2007, 3140)
WEBSITE FOR BACKGROUND INVESTIGATIONS
NRS 439.942 Establishment; requirements to become client; administrators;
confidentiality; protection of information; maintenance.
1. The Division may establish a secure
Internet website which makes certain information available for a website client
to conduct an investigation into the background and personal history of a
person that is required pursuant to the provisions of this chapter or chapter 62B, 63,
424, 427A,
432, 432A,
432B, 433,
433B, 435
or 449 of NRS.
2. To become a website client, a
person or governmental entity must:
(a) Create an account on the Internet website;
(b) Comply with NRS
439.942 to 439.948, inclusive, and any
regulations adopted pursuant thereto governing use of the Internet website; and
(c) Designate a website client administrator who
is responsible for:
(1) Determining the persons who are
authorized to use the Internet website;
(2) Providing the Division with the names
of the persons who are authorized to use the Internet website;
(3) Ensuring that only those authorized
persons have access to the Internet website; and
(4) Notifying the Division of any change
in the persons who are authorized to use the Internet website.
3. Authorized employees of the Division
and of the Department of Public Safety may be designated to serve as
administrators of the Internet website with access to all the data and
information on the Internet website.
4. Except as otherwise provided in this
section and NRS 239.0115, information
collected, maintained, stored, backed up or on file on the Internet website is
confidential, not subject to subpoena or discovery and is not subject to
inspection by the general public.
5. The Division shall ensure that any
information collected, maintained and stored on the Internet website is
protected adequately from fire, theft, loss, destruction, other hazards and
unauthorized access, and is backed-up in a manner that ensures proper
confidentiality and security.
6. The Internet website must be maintained
in accordance with any requirements of the Division of Enterprise Information
Technology Services of the Department of Administration established for use of
the equipment or services of the Division pursuant to NRS 242.181.
(Added to NRS by 2013, 2886)
NRS 439.943 Authorized use; inclusion of relevant publicly available
information.
1. A person authorized to use the Internet
website established pursuant to NRS 439.942 may
access the website to search for information necessary to conduct an
investigation of the background and personal history of a person when required.
Such a search may include, without limitation, to the extent that the
information is available:
(a) Determining whether the person being
investigated has been convicted of a crime that disqualifies the person for
employment, licensure or other privilege sought;
(b) Verifying the social security number, date of
birth and driver’s license or identification card number of the person being
investigated;
(c) Determining whether any disciplinary action
has been taken by a professional licensing board against the person being
investigated; and
(d) Determining whether the person being
investigated is included on the list of individuals who are excluded from
participation in Medicare, Medicaid and other federal health care programs
pursuant to 42 U.S.C. §§ 1320a-7 et seq.
2. The Internet website established
pursuant to NRS 439.942 may include, without
limitation, any relevant information that is available to the public,
including, without limitation, hyperlinks to relevant publicly available
Internet websites and registries, forms and educational materials.
(Added to NRS by 2013, 2887)
NRS 439.944 Access authorized to enter information and manage information
and account. A person authorized
to use the Internet website established pursuant to NRS
439.942 may access the website to:
1. Enter any required information;
2. Manage the information to which the
person has access; and
3. Manage the account of the person.
(Added to NRS by 2013, 2887)
NRS 439.945 Division authorized to enter into cooperative agreements with
certain state and federal agencies to obtain information for inclusion. The Division may enter into cooperative
agreements to obtain and accept information for inclusion on the Internet
website established pursuant to NRS 439.942 from:
1. The Statewide Central Registry for the
Collection of Information Concerning the Abuse or Neglect of a Child
established pursuant to NRS 432.100 and
any similar registry maintained by a governmental entity of any state or
territory within the United States;
2. The Central Repository for Nevada
Records of Criminal History or any similar repository maintained by a
government agency of any state or territory within the United States; and
3. Any other state or federal agency which
maintains a database, repository or registry which contains information the
Division determines is necessary or appropriate for inclusion on the Internet
website.
(Added to NRS by 2013, 2888)
NRS 439.946 Authorized collection, maintenance and storage of certain
information on website.
1. In addition to any other information
included on the Internet website established pursuant to NRS
439.942, the Division may collect, maintain and store on the Internet
website the following information relating to the background and personal
history of a person:
(a) The first, middle and last name of the
person, any aliases used by the person and, if available, a photograph of the
person;
(b) The social security number, date of birth
and, if available, the driver’s license or identification card number of the
person;
(c) Information regarding the criminal
convictions of the person, if any;
(d) Any other information submitted pursuant to NRS 439.945; and
(e) Any other information determined by the
Division to be necessary or appropriate.
2. The information described in subsection
1 may be collected, stored and maintained electronically, in hard copy, in a
database, through a secure interface from a state or federal governmental
entity directly to the Internet website, or by any other means as the Division
determines necessary or appropriate.
(Added to NRS by 2013, 2888)
NRS 439.947 Access to information.
1. When establishing permissions for a
website client to access information on the Internet website established
pursuant to NRS 439.942, the Division shall
determine the information necessary for the website client to conduct an
investigation into the background and personal history of a person and limit
access to the website client to only the information necessary for that website
client.
2. Information regarding a person whose
background and personal history is investigated must not be shared with any
other website client.
3. A person who is authorized to use the
Internet website by the website client administrator pursuant to NRS 439.942 may be given permission to access any
information deemed necessary pursuant to subsection 1.
(Added to NRS by 2013, 2888)
NRS 439.948 Fees; regulations. The
Division may adopt regulations to:
1. Prescribe a fee to be imposed on
website clients for use of the Internet website established pursuant to NRS 439.942; and
2. Carry out the provisions of NRS 439.942 to 439.948,
inclusive.
(Added to NRS by 2013, 2888)
PUBLIC HEALTH EMERGENCIES AND OTHER HEALTH EVENTS
NRS 439.950 Definitions. As
used in NRS 439.950 to 439.983,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 439.955, 439.960
and 439.965 have the meanings ascribed to them in
those sections.
(Added to NRS by 2009, 366)
NRS 439.955 “Emergency team” defined. “Emergency
team” means an emergency team designated in an executive order of the Governor
pursuant to NRS 439.970 to respond to a public
health emergency or other health event.
(Added to NRS by 2009, 366)
NRS 439.960 “Health care facility” defined. “Health
care facility” means any facility licensed pursuant to chapter 449 of NRS.
(Added to NRS by 2009, 366)
NRS 439.965 “Provider of health care” defined. “Provider
of health care” has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 2009, 367)
NRS 439.970 Determination of public health emergency or other health event;
executive order of Governor; designation of emergency team; chair; Attorney
General designated legal counsel to emergency team.
1. Except as otherwise provided in chapter 414 of NRS, if a health authority
identifies within its jurisdiction a public health emergency or other health
event that is an immediate threat to the health and safety of the public in a
health care facility or the office of a provider of health care, the health
authority shall immediately transmit to the Governor a report of the immediate
threat.
2. Upon receiving a report pursuant to
subsection 1, the Governor shall determine whether a public health emergency or
other health event exists that requires a coordinated response for the health
and safety of the public. If the Governor determines that a public health
emergency or other health event exists that requires such a coordinated
response, the Governor shall issue an executive order:
(a) Stating the nature of the public health
emergency or other health event;
(b) Stating the conditions that have brought
about the public health emergency or other health event, including, without
limitation, an identification of each health care facility or provider of
health care, if any, related to the public health emergency or other health
event;
(c) Stating the estimated duration of the
immediate threat to the health and safety of the public; and
(d) Designating an emergency team comprised of:
(1) The Chief Medical Officer or a person
appointed pursuant to subsection 5, as applicable; and
(2) Representatives of state agencies,
divisions, boards and other entities, including, without limitation,
professional licensing boards, with authority by statute to govern or regulate
the health care facilities and providers of health care identified as being
related to the public health emergency or other health event pursuant to
paragraph (b).
3. If additional state agencies,
divisions, boards or other entities are identified during the course of the
response to the public health emergency or other health event as having
authority regarding a health care facility or provider of health care that is
related to the public health emergency or other health event, the Governor
shall direct that agency, division, board or entity to appoint a representative
to the emergency team.
4. The Chief Medical Officer or a person
appointed pursuant to subsection 5, as applicable, is the chair of the
emergency team.
5. If the Chief Medical Officer has a
conflict of interest relating to a public health emergency or other health
event or is otherwise unable to carry out the duties prescribed pursuant to NRS 439.950 to 439.983,
inclusive, the Director shall temporarily appoint a person to carry out the
duties of the Chief Medical Officer prescribed in NRS
439.950 to 439.983, inclusive, until such time
as the public health emergency or other health event has been resolved or the
Chief Medical Officer is able to resume those duties. The person appointed by
the Director must meet the requirements prescribed by NRS
439.095.
6. The Governor shall immediately transmit
the executive order to:
(a) The Legislature or, if the Legislature is not
in session, to the Legislative Commission and the Legislative Committee on
Health Care; and
(b) Any person or entity deemed necessary or
advisable by the Governor.
7. The Governor shall declare a public
health emergency or other health event terminated before the estimated duration
stated in the executive order upon a finding that the public health emergency
or other health event no longer poses an immediate threat to the health and
safety of the public. Upon such a finding, the Governor shall notify each
person and entity described in subsection 6.
8. If a public health emergency or other
health event lasts longer than the estimated duration stated in the executive
order, the Governor is not required to reissue an executive order, but shall
notify each person and entity identified in subsection 6.
9. The Attorney General shall provide
legal counsel to the emergency team.
(Added to NRS by 2009, 367;
A 2013,
3043)
NRS 439.973 Authority of Governor to request assistance from contiguous
state in carrying out inspections. During
a public health emergency or other health event, the Governor may, upon
consultation with the emergency team, request from a governor of a contiguous
state assistance in carrying out an inspection of any health care facility or
the office of a provider of health care. The Governor may enter into an
agreement for the provision of such services relating to inspections.
(Added to NRS by 2009, 368)
NRS 439.975 Powers and duties of emergency team.
1. The emergency team shall:
(a) Convene as soon as practicable after the
executive order is issued pursuant to NRS 439.970;
and
(b) Upon the advice of the Attorney General,
investigate the response of each state agency, division, board and other entity
that is represented on the emergency team to the public health emergency or
other health event and work cooperatively to ensure the sharing of any material
information and coordinate a response to the public health emergency or other
health event with all the state agencies, divisions, boards and other entities
represented on the emergency team.
2. The scope of powers and duties of the
emergency team extends only to the respective jurisdiction of each state
agency, division, board or other entity represented on the team and does not
supersede the authority of a health authority to investigate the public health
emergency or other health event within its jurisdiction.
(Added to NRS by 2009, 368)
NRS 439.980 Duties of chair of emergency team. The
chair of the emergency team or a member of the emergency team designated by the
chair shall:
1. Provide information to the general
public and ensure that the public remains informed on the progress of the work
of the emergency team.
2. Act as the liaison between the
emergency team and the Governor, the Speaker of the Assembly, the Majority
Leader of the Senate, the Attorney General and any other officer, agency or
political subdivision of this State with an interest in the response to and
resolution of the public health emergency or other health event.
3. Provide to the Governor and the
Legislature or, if the Legislature is not in session, to the Legislative
Commission and the Legislative Committee on Health Care:
(a) During the course of an investigation of a
public health emergency or other health event, monthly updates, or more
frequent updates if requested, on the progress of the work of the emergency
team; and
(b) Upon the resolution of the issues involved in
the public health emergency or other health event, a report on the findings of
the emergency team and the action that was taken to resolve the public health
emergency or other health event and any consequences thereof.
(Added to NRS by 2009, 368)
NRS 439.983 Duties of emergency team upon resolution of public health
emergency or other health event. Upon
the resolution of a public health emergency or other health event, the
emergency team shall:
1. Make recommendations to the State Board
of Health and local boards of health with respect to regulations or policies
which may be adopted to prevent public health emergencies and other health
events or to improve responses to public health emergencies and other health
events; and
2. Evaluate the response of each state
agency, division, board or other entity represented on the emergency team and
make recommendations to the Governor and the Legislature or, if the Legislature
is not in session, to the Legislative Commission and the Legislative Committee
on Health Care with respect to actions and measures that may be taken to
improve such responses.
(Added to NRS by 2009, 369)
STERILE HYPODERMIC DEVICE PROGRAMS
NRS 439.985 Legislative declaration of purpose. The
Legislature hereby declares that the purpose of NRS
439.985 to 439.994, inclusive, is to enable the
use of sterile hypodermic devices and other related material for use among
people who inject drugs for the purpose of reducing the intravenous
transmission of diseases. The provisions of NRS 439.985
to 439.994, inclusive, are intended to:
1. Ensure the availability and
accessibility of sterile hypodermic devices by encouraging distribution of such
devices by various means.
2. Provide for the effective operation of
sterile hypodermic device programs that protect the human rights of people who
use such programs.
3. Guarantee that sterile hypodermic
devices and other sterile injection supplies are not deemed illegal.
4. Ensure that sterile hypodermic device
programs operate in harmony with law enforcement activities.
(Added to NRS by 2013, 3171)
NRS 439.986 “Sterile hypodermic device program” or “program” defined. As used in NRS 439.985
to 439.994, inclusive, “sterile hypodermic device
program” or “program” means a program established pursuant to NRS 439.987 for the safe distribution and disposal of
hypodermic devices.
(Added to NRS by 2013, 3171)
NRS 439.987 Establishment.
1. A governmental entity, a nonprofit
corporation that is recognized as exempt under section 501(c)(3) of the
Internal Revenue Code, 26 U.S.C. § 501(c)(3), a public health program, a
medical facility or a person who has a fiscal sponsor that is recognized as
exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. §
501(c)(3), may establish a sterile hypodermic device program in this State.
2. As used in this section:
(a) “Medical facility” has the meaning ascribed
to it in NRS 449.0151.
(b) “Public health program” has the meaning
ascribed to it in NRS 454.00973.
(Added to NRS by 2013, 3171)
NRS 439.988 Guidelines governing operation. The
State Board of Health shall establish guidelines governing the operation of the
program which provide for, without limitation:
1. The recording of the quantities of
hypodermic devices distributed and collected by the program; and
2. The procedures for the safe collection
and disposal of used hypodermic devices.
(Added to NRS by 2013, 3171)
NRS 439.989 Program to establish safety procedures, provide community
outreach and report to State Board of Health. A
sterile hypodermic device program shall:
1. Establish and follow procedures for the
safe collection and disposal of used hypodermic devices and other related
material pursuant to guidelines established by the State Board of Health.
2. Provide community outreach and
educational programs concerning:
(a) The safer use of hypodermic devices to avoid
disease and infection; and
(b) The safe disposal of hypodermic devices.
3. Report the quantities of hypodermic
devices distributed and collected by the program to the State Board of Health
at least semiannually.
(Added to NRS by 2013, 3171)
NRS 439.990 Staff and volunteers to complete training; requirements for
training. All staff and volunteers
of a sterile hypodermic device program shall complete training which includes,
without limitation, the following information:
1. The policies and procedures of the
program and relevant regulations, including, without limitation, emergency and
safety policies and procedures;
2. Legal and law enforcement issues and
policies regarding hypodermic devices;
3. Overdose prevention, recognition and
response;
4. The risk of blood-borne diseases that
may result from the use of hypodermic devices;
5. Methods for preventing the transmission
or contraction of blood-borne diseases;
6. The dangers of injecting drugs and the
manner in which to access treatment;
7. Information concerning the human
immunodeficiency virus and hepatitis virus and the prevention of the spread of
these viruses;
8. The safe disposal of hypodermic
devices, including, without limitation, procedures concerning accidental needle
sticks; and
9. Cultural competency, including, without
limitation, sensitivity to the needs of children, lesbian, gay, bisexual and
transgendered individuals, racial and ethnic minorities, women, sex workers and
any other participant population.
(Added to NRS by 2013, 3172)
NRS 439.991 Program authorized to provide material for safer injection drug
use and certain information. A sterile
hypodermic device program may provide:
1. Sterile hypodermic devices and other
related material for safer injection drug use; and
2. Information concerning:
(a) The risks associated with the use of
controlled substances;
(b) Drug dependence treatment services and other
health services;
(c) Support services for people with drug
dependence and their families;
(d) Methods for preventing the transmission or
contraction of blood-borne diseases;
(e) Employment and vocational training services
and centers; and
(f) Legal aid services.
(Added to NRS by 2013, 3172)
NRS 439.992 Immunity from civil liability. The
State, any political subdivision thereof, a sterile hypodermic device program
and the staff and volunteers thereof are not subject to civil liability in
relation to any act or failure to act in connection with the operation of a
sterile hypodermic device program, if the act or failure to act was in good
faith for the purpose of executing the provisions of NRS
439.985 to 439.994, inclusive, and was not a
reckless act or failure to act.
(Added to NRS by 2013, 3172)
NRS 439.993 Confidentiality of records; use of information.
1. Any record of a person which is created
or obtained for use by a sterile hypodermic device program must be kept
confidential and:
(a) Is not open for public inspection or
disclosure;
(b) Must not be shared with any other person or
entity without the consent of the person to whom the record relates; and
(c) Must not be discoverable or admissible during
any legal proceeding.
2. A record described in subsection 1 must
not be used:
(a) To initiate or substantiate any criminal
charge against a person who participates in the sterile hypodermic device
program; or
(b) As grounds for conducting any investigation
of a person who participates in the sterile hypodermic device program.
3. The staff and volunteers of a sterile hypodermic
device program shall not be compelled to provide evidence in any criminal
proceeding conducted pursuant to the laws of this State concerning any
information that was entrusted to them or became known to them through the
program.
4. The use of any personal information of
any person who participates in a sterile hypodermic device program or of the
staff or volunteers of the sterile hypodermic device program in research and
evaluation must be done in such a manner as to guarantee the anonymity of the
person.
5. Aggregate data from a sterile
hypodermic device program, including, without limitation, demographic
information, the number of clients contacted and the types of referrals may be
made available to the public.
(Added to NRS by 2013, 3172)
NRS 439.994 Discrimination prohibited. No
person shall be subject to any discrimination in the operation of a sterile
hypodermic device program on the basis of race, color, religion, sex, sexual
orientation, gender identity or expression, age, political affiliation,
disability, national origin, residence, frequency of injection or controlled
substance used.
(Added to NRS by 2013, 3173)
