Nrs: Chapter 439 - Administration Of Public Health

Link to law: https://www.leg.state.nv.us/NRS/NRS-439.html
Published: 2015

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[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 [Repealed.]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 [Repealed.]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)