[Rev. 2/10/2015 5:36:10
PM--2014R2]
CHAPTER 457 - CANCER
GENERAL PROVISIONS
NRS 457.010 Legislative
declaration.
NRS 457.020 Definitions.
NRS 457.065 Adoption
of regulations for administration of chapter.
NRS 457.070 Duties
of Division.
NRS 457.075 Designation
of official cancer institute.
REGULATION OF DRUGS, MEDICINES, COMPOUNDS OR DEVICES USED IN
THE DIAGNOSIS, TREATMENT OR CURE OF CANCER
NRS 457.080 Testing
of medicine or device; furnishing sample or information on request.
NRS 457.090 Statement
concerning nature and content of drug, medicine or device to be furnished
person before treatment; Division may require statement to be posted in office
or room for treatment.
NRS 457.100 Investigation
or testing of product is not endorsement of product; representation of
endorsement by Division prohibited.
NRS 457.110 Division
may issue cease and desist order after investigation or testing.
NRS 457.120 Use
of facilities and findings in conducting investigation or test.
NRS 457.130 Contract
for investigation by qualified scientists.
NRS 457.140 Finding
by Division prerequisite to issuance of cease and desist order.
NRS 457.150 Issuance
of injunction to restrain violation of cease and desist order.
NRS 457.160 Prohibition
against use by person enjoined of new medicine or device before submission for
investigation and testing.
NRS 457.170 Publication
of report of investigation or test.
NRS 457.180 Report
of Division. [Repealed.]
OPERATION OF RADIATION MACHINE FOR MAMMOGRAPHY
NRS 457.182 Definitions.
NRS 457.183 Requirements
for operation of radiation machine for mammography; qualifications for
certificate of authorization; expiration of certificate; requirements for
continuing education; fee for renewal. [Effective until the date of the repeal
of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings.]
NRS 457.183 Requirements
for operation of radiation machine for mammography; qualifications for
certificate of authorization; expiration of certificate; requirements for
continuing education; fee for renewal. [Effective on the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 457.1833 Payment
of child support: Statement by applicant for certificate of authorization;
grounds for denial of certificate of authorization; duty of Division.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 457.1837 Suspension
of certificate of authorization for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of certificate of authority.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 457.184 Issuance
of certificate of authorization for radiation machine for mammography;
expiration of certificate; fees.
NRS 457.185 Action
on application for certificate of authorization; withdrawal of certificate.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 457.185 Action
on application for certificate of authorization; withdrawal of certificate.
[Effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 457.1853 Application
for renewal of certificate: Information concerning business license required;
conditions which require denial.
NRS 457.1857 Report
provided to patient who undergoes mammography to include certain information
regarding category of breast density and other information relating to
mammograms; regulations.
NRS 457.186 Hearing
on denial or withdrawal of certificate of authorization.
NRS 457.187 Administrative
fine.
ENFORCEMENT AND PENALTIES
NRS 457.190 Cooperation
of county health officer, district attorney and Attorney General with Division
for enforcement of chapter.
NRS 457.200 Penalty
for violation of chapter.
NRS 457.210 Penalty
for false representation of device, substance or treatment as effective to
arrest or cure cancer.
NRS 457.220 Penalty
for third and subsequent conviction of violation of chapter; exception.
REPORTING AND ANALYZING INFORMATION ON CANCER
NRS 457.230 Establishment
and maintenance of system for reporting information; objectives; persons
required to report information.
NRS 457.240 Regulations
of State Board of Health.
NRS 457.250 Records
of health care facility: Availability to Chief Medical Officer; abstracting of
information; fees; penalty.
NRS 457.260 Publication
of reports; provision of data.
NRS 457.265 Analysis
of information, records and reports; investigation of trends.
NRS 457.270 Consent
required before disclosure of identity of patient, physician or health care
facility.
NRS 457.280 Limitation
on civil and criminal liability.
CANCER DRUG DONATION PROGRAM
NRS 457.400 Definitions.
[Replaced in revision by NRS 453B.150.]
NRS 457.410 “Cancer
drug” defined. [Replaced in revision by NRS
453B.160.]
NRS 457.420 “Medical
facility” defined. [Replaced in revision by NRS 453B.170.]
NRS 457.430 “Program”
defined. [Replaced in revision by NRS
453B.180.]
NRS 457.440 “Provider
of health care” defined. [Replaced in revision by NRS 453B.190.]
NRS 457.450 Establishment
of Program; handling fee; conditions for acceptance, distribution and
dispensing of donated drugs; certain restrictions. [Replaced in revision by NRS 453B.200.]
NRS 457.460 Donated
drug may be dispensed only by registered pharmacist pursuant to prescription
written for an eligible person. [Replaced in revision by NRS 453B.210.]
NRS 457.470 Compliance
with provisions of Program; authority to distribute donated drug to another
participant in Program. [Replaced in revision by NRS 453B.220.]
NRS 457.480 Regulations.
[Replaced in revision by NRS 453B.230.]
NRS 457.490 Limitation
of civil and criminal liability; limitation on disciplinary action by
professional licensing board. [Replaced in revision by NRS 453B.240.]
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GENERAL PROVISIONS
NRS 457.010 Legislative declaration. The
effective diagnosis, care, treatment and cure of persons suffering from cancer
is affected with the public interest. Vital statistics indicate that
approximately 16 percent of the annual total deaths in the United States result
from one or another of the forms of cancer. It is established that accurate and
early diagnosis of many forms of cancer, followed by prompt application of
methods of treatment which are scientifically proven, either materially reduces
the likelihood of death from cancer or may materially prolong the useful life
of individuals suffering therefrom. It is, therefore, in the interest of
members of the public that they be afforded full and accurate knowledge of the
facilities and methods used for the diagnosis, treatment and cure of cancer
which are available in this state and, to that end, that there be provided
means for testing and investigating cancer devices, drugs, compounds and other
agents, and that the members of the public be informed of facts for their
protection from misrepresentation in such matters.
(Added to NRS by 1960, 62)
NRS 457.020 Definitions. As
used in this chapter, unless the context requires otherwise:
1. “Cancer” means all malignant neoplasms,
regardless of the tissue of origin, including malignant lymphoma and leukemia.
2. “Division” means the Division of Public
and Behavioral Health of the Department of Health and Human Services.
3. “Health care facility” has the meaning
ascribed to it in NRS 162A.740 and
also includes freestanding facilities for plastic reconstructive, oral and
maxillofacial surgery.
(Added to NRS by 1960, 62; A 1963, 965; 1967, 1174;
1973, 1406; 1977,
1221; 1993,
174; 2009,
212; 2013,
3063)
NRS 457.065 Adoption of regulations for administration of chapter. The State Board of Health shall adopt
regulations for the administration of this chapter which include, without
limitation, standards for the:
1. Training and performance of a person
who operates a radiation machine for mammography which are at least as
stringent as the requirements for accreditation established by the American
College of Radiology.
2. Inspection and authorization of a
radiation machine for mammography which are at least as stringent as the
requirements for accreditation established by the American College of
Radiology.
(Added to NRS by 1985, 114; A 1991, 904)
NRS 457.070 Duties of Division. The
Division shall:
1. Investigate violations of this chapter.
2. Investigate and test the content,
method of preparation and use of any drug, medicine, compound or device
proposed to be used or used by any person or association in the State for the
diagnosis, treatment or cure of cancer.
3. Make findings of fact upon completion
of any testing or investigation authorized by this chapter.
4. Hold hearings for the purpose of
determining whether any of the provisions of this chapter have been violated.
5. Contract with independent scientific
consultants for specialized services and advice.
(Added to NRS by 1960, 63; A 1963, 965; 1977, 1221; 1983, 1678; 1985, 114)
NRS 457.075 Designation of official cancer institute. The Nevada Cancer Institute is hereby
designated as the official cancer institute of the State of Nevada.
(Added to NRS by 2003, 2530)
REGULATION OF DRUGS, MEDICINES, COMPOUNDS OR DEVICES USED
IN THE DIAGNOSIS, TREATMENT OR CURE OF CANCER
NRS 457.080 Testing of medicine or device; furnishing sample or information on
request. Upon the written request
of the Division, delivered personally or by registered mail, any person or
association engaged in, or representing that the person or association is
engaged in, the diagnosis, treatment or cure of cancer shall furnish the
Division with such sample as the Division may require of any drug, medicine,
compound or device used or prescribed by such person or association, in the
treatment or cure of cancer, and shall specify the formula of any such drug or
compound used and name all ingredients by their common or usual name, and
shall, upon like request by the Division, furnish such necessary information as
the Division may request as to the composition and method of preparation of and
the use to which any such drug, compound or device is being put by such person
or association.
(Added to NRS by 1960, 63)
NRS 457.090 Statement concerning nature and content of drug, medicine or
device to be furnished person before treatment; Division may require statement
to be posted in office or room for treatment. After
an investigation by the Division of the content or composition of any drug,
medicine, compound or device used by any person or association in the
diagnosis, treatment or cure of cancer, the Division shall direct that any such
person or association shall, prior to prescribing, recommending or making use
of any such drug, medicine, compound or device in the treatment of any person,
furnish such person with a statement as to the nature and content of such drug,
medicine, compound or device. The Division may also require that such person or
association post in a conspicuous place in the office or treatment rooms of the
person or association a like statement as to the nature and content of such
drug, medicine, compound or device in the form and size prescribed by the
Division.
(Added to NRS by 1960, 63; A 1977, 1222)
NRS 457.100 Investigation or testing of product is not endorsement of
product; representation of endorsement by Division prohibited. The investigation or testing of any product by
the Division is not an endorsement of the qualifications or value of such
product, and a person shall not make any representation that investigation or
testing constitutes an approval or endorsement of the person’s activities by
the Division.
(Added to NRS by 1960, 64; A 1977, 1222)
NRS 457.110 Division may issue cease and desist order after investigation or
testing. After investigation or
testing by the Division of the content or composition of any drug, medicine,
compound or device used by any person or association in the diagnosis, treatment
or cure of cancer, the Division may direct that such person or association
cease and desist any further prescribing, recommending or use of any such drug,
medicine, compound or device or substantially similar drugs, medicines,
compounds or devices in the diagnosis or treatment of cancer.
(Added to NRS by 1960, 64; A 1977, 1222)
NRS 457.120 Use of facilities and findings in conducting investigation or
test. In the investigation or
testing required by this chapter to determine the value of any drug, medicine,
compound or device used in the diagnosis, treatment or cure of cancer, the
Division shall, as it deems necessary or advisable, utilize the facilities and
findings of its own laboratories or other appropriate laboratories within the
State, or the facilities and findings of the Federal Government, including the
National Cancer Institute.
(Added to NRS by 1960, 64)
NRS 457.130 Contract for investigation by qualified scientists. The Division shall arrange by contract for
investigation by and submission to it of findings, conclusions or opinions of
trained scientists in the appropriate departments of universities and medical
schools and other qualified scientists.
(Added to NRS by 1960, 64; A 1977, 1222)
NRS 457.140 Finding by Division prerequisite to issuance of cease and desist
order. Prior to the issuance of a
cease and desist order under this chapter, the Division shall make a written
finding of fact based on such investigation that the drug, medicine, compound
or device so investigated has been found to be of no value in the diagnosis,
treatment or cure of cancer.
(Added to NRS by 1960, 64; A 1977, 1222)
NRS 457.150 Issuance of injunction to restrain violation of cease and desist
order. If any person or
association, after service upon the person or association of a cease and desist
order issued by the Division under this chapter, persists in prescribing, recommending
or using the drug, medicine, compound or device described in the order, any
district court, on application of the Division, may issue an injunction or
other appropriate order restraining such person or association from
prescribing, recommending or using such drug, medicine, compound or device or
any substantially similar drug, medicine, compound or device.
(Added to NRS by 1960, 64)
NRS 457.160 Prohibition against use by person enjoined of new medicine or
device before submission for investigation and testing. No person or association against whom an
injunction has been issued under NRS 457.150 may
use any new or unapproved drug, medicine, compound or device in the diagnosis,
treatment or cure of cancer unless such drug, medicine, compound or device has
been first submitted to the Division for investigation and testing.
(Added to NRS by 1960, 64)
NRS 457.170 Publication of report of investigation or test. The Division may publish reports based on its
investigation or testing of any drug, medicine, compound or device prescribed,
recommended or used by any person or association, and if the Division determines
that the use of any drug, medicine, compound or device in the diagnosis,
treatment or cure of cancer constitutes an imminent danger to health or a gross
deception of the public, the Division may take appropriate steps to publicize
the danger or deception involved in such use. No such report is admissible in
evidence in any criminal prosecution.
(Added to NRS by 1960, 65; A 1963, 965; 1977, 1223)
NRS 457.180 Report of Division. Repealed.
(See chapter 337, Statutes of Nevada 2013, at page 1634.)
OPERATION OF RADIATION MACHINE FOR MAMMOGRAPHY
NRS 457.182 Definitions. As
used in NRS 457.182 to 457.187,
inclusive, unless the context otherwise requires:
1. “Mammography” means radiography of the
breast to enable a physician to determine the presence, size, location and
extent of cancerous or potentially cancerous tissue in the breast.
2. “Radiation” means radiant energy which
exceeds normal background levels and which is used in radiography.
3. “Radiography” means the making of a film
or other record of an internal structure of the body by passing X rays or gamma
rays through the body to act on film or other receptor of images.
(Added to NRS by 1991, 902; A 1997, 2058; 2013, 2052,
2732)
NRS 457.183 Requirements for operation of radiation machine for mammography;
qualifications for certificate of authorization; expiration of certificate;
requirements for continuing education; fee for renewal. [Effective until the
date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. A person shall not operate a radiation
machine for mammography unless the person:
(a) Has a certificate of authorization to operate
a radiation machine issued by the Division; or
(b) Is licensed pursuant to chapter 630 or 633
of NRS.
2. To obtain a certificate of
authorization to operate a radiation machine for mammography, a person must:
(a) Submit an application to the Division on a
form provided by the Division and provide any additional information required
by the Division;
(b) Be certified by the American Registry of
Radiologic Technologists or meet the standards established by the Division pursuant
to subsection 1 of NRS 457.065;
(c) Pass an examination if the Division
determines that an examination for certification is necessary to protect the
health and safety of the residents of this State;
(d) Submit the statement required pursuant to NRS 457.1833; and
(e) Pay the fee required by the Division, which
must be calculated to cover the administrative costs directly related to the
process of issuing the certificates.
3. An application for the issuance of a
certificate of authorization to operate a radiation machine for mammography
must include the social security number of the applicant.
4. The Division shall certify a person to
operate a radiation machine for mammography if the person complies with the
provisions of subsection 2 and meets the standards adopted pursuant to
subsection 1 of NRS 457.065.
5. A certificate of authorization to
operate a radiation machine for mammography expires 3 years after the date on
which it was issued unless it is renewed before that date. The Division shall
require continuing education as a prerequisite to the renewal of a certificate
and shall charge a fee for renewal that is calculated to cover the
administrative costs directly related to the renewal of a certificate.
6. A person who is certified to operate a
radiation machine for mammography pursuant to this section shall not operate
such a machine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.
(Added to NRS by 1991, 902; A 1997, 2058)
NRS 457.183 Requirements for
operation of radiation machine for mammography; qualifications for certificate
of authorization; expiration of certificate; requirements for continuing
education; fee for renewal. [Effective on the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. A person shall not operate a radiation
machine for mammography unless the person:
(a) Has a valid certificate of authorization to
operate a radiation machine issued by the Division; or
(b) Is licensed pursuant to chapter 630 or 633
of NRS.
2. To obtain a certificate of
authorization to operate a radiation machine for mammography, a person must:
(a) Submit an application to the Division on a
form provided by the Division and provide any additional information required
by the Division;
(b) Be certified by the American Registry of
Radiologic Technologists or meet the standards established by the Division
pursuant to subsection 1 of NRS 457.065;
(c) Pass an examination if the Division
determines that an examination for certification is necessary to protect the
health and safety of the residents of this state; and
(d) Pay the fee required by the Division which
must be calculated to cover the administrative costs directly related to the
process of issuing the certificates.
3. The Division shall certify a person to
operate a radiation machine for mammography if the person complies with the
provisions of subsection 2 and meets the standards adopted pursuant to
subsection 1 of NRS 457.065.
4. A certificate of authorization to
operate a radiation machine for mammography expires 3 years after the date on
which it was issued unless renewed before that date. The Division shall require
continuing education as a prerequisite to renewal of a certificate and shall
charge a fee for renewal that is calculated to cover the administrative costs
directly related to the renewal of a certificate.
5. A person who is certified to operate a
radiation machine for mammography pursuant to this section shall not operate
such a machine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.
(Added to NRS by 1991, 902; A 1997, 2058,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 457.1833 Payment of child support: Statement by applicant for certificate
of authorization; grounds for denial of certificate of authorization; duty of
Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or
renewal of a certificate of authorization to operate a radiation machine for
mammography shall submit to the Division the statement prescribed by the
Division of Welfare and Supportive Services of the Department of Health and
Human Services pursuant to NRS 425.520.
The statement must be completed and signed by the applicant.
2. The Division shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate of authorization to
operate a radiation machine for mammography may not be issued or renewed by the
Division if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support of
a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Division shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2057)
NRS 457.1837 Suspension of certificate of authorization for failure to pay
child support or comply with certain subpoenas or warrants; reinstatement of
certificate of authority. [Effective until the date of the repeal of 42 U.S.C.
§ 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. If the Division receives a copy of a
court order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a certificate of authorization to operate a radiation machine for
mammography, the Division shall deem the certificate issued to that person to
be suspended at the end of the 30th day after the date on which the court order
was issued unless the Division receives a letter issued to the holder of the
certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the
certificate has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
2. The Division shall reinstate a
certificate of authorization to operate a radiation machine for mammography
that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose
certificate was suspended stating that the person whose certificate was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2057)
NRS 457.184 Issuance of certificate of authorization for radiation machine
for mammography; expiration of certificate; fees.
1. The owner, lessee or other responsible
person shall not operate or allow to be operated a radiation machine for
mammography unless he or she:
(a) Has a valid certificate of authorization from
the Division for the machine; and
(b) Is accredited by the American College of
Radiology or meets the standards established by the Division pursuant to
subsection 2 of NRS 457.065.
2. To obtain a certificate of
authorization from the Division for a radiation machine for mammography, a
person must:
(a) Submit an application to the Division on a
form provided by the Division and provide any additional information required
by the Division;
(b) Provide any additional information required
by the Division; and
(c) Pay the fee required by the Division which
must be calculated to cover the administrative costs directly related to the
process of issuing the certificates.
3. After an inspection, the Division shall
issue a certificate of authorization for a radiation machine for mammography if
the machine:
(a) Meets the standards adopted by the State
Board of Health pursuant to subsection 2 of NRS 457.065;
(b) Is specifically designed to perform
mammography; and
(c) Is used exclusively to perform mammography.
4. A certificate of authorization for a
radiation machine for mammography expires 1 year after the date on which it was
issued unless renewed before that date. The Division may require an inspection
of the machine as a prerequisite to renewal of a certificate and shall charge a
fee for renewal that is calculated to cover the administrative costs directly
related to the process of renewing certificates.
5. A person who owns or leases or is
otherwise responsible for more than one radiation machine for mammography shall
obtain a certificate of authorization for each radiation machine.
(Added to NRS by 1991, 903)
NRS 457.185 Action on application for certificate of authorization; withdrawal
of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. The Division shall grant or deny an
application for a certificate of authorization to operate a radiation machine
for mammography or a certificate of authorization for a radiation machine for
mammography within 4 months after receipt of a complete application.
2. The Division shall withdraw the
certificate of authorization to operate a radiation machine for mammography if
it finds that the person violated the provisions of subsection 6 of NRS 457.183.
3. The Division shall deny or withdraw the
certificate of authorization of a radiation machine for mammography if it finds
that the owner, lessee or other responsible person violated the provisions of
subsection 1 of NRS 457.184.
4. If a certificate of authorization to
operate a radiation machine for mammography or a certificate of authorization
for a radiation machine for mammography is withdrawn, a person must apply for
the certificate in the manner provided for an initial certificate.
(Added to NRS by 1991, 903; A 1997, 2059; 2013, 3063)
NRS 457.185 Action on application for
certificate of authorization; withdrawal of certificate. [Effective on the date
of the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. The Division shall grant or deny an
application for a certificate of authorization to operate a radiation machine
for mammography or a certificate of authorization for a radiation machine for
mammography within 4 months after receipt of a complete application.
2. The Division shall withdraw the
certificate of authorization to operate a radiation machine for mammography if
it finds that the person violated the provisions of subsection 5 of NRS 457.183.
3. The Division shall deny or withdraw the
certificate of authorization of a radiation machine for mammography if it finds
that the owner, lessee or other responsible person violated the provisions of
subsection 1 of NRS 457.184.
4. If a certificate of authorization to
operate a radiation machine for mammography or a certificate of authorization
for a radiation machine for mammography is withdrawn, a person must apply for
the certificate in the manner provided for an initial certificate.
(Added to NRS by 1991, 903; A 1997, 2059; 2013, 3063,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 457.1853 Application for renewal of certificate: Information concerning
business license required; conditions which require denial.
1. In addition to any other requirements
set forth in this chapter, an applicant for the renewal of a certificate of
authorization to operate a radiation machine for mammography must indicate in
the application submitted to the Division whether the applicant has a state
business license. If the applicant has a state business license, the applicant
must include in the application the state business license number assigned by
the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A certificate of authorization to
operate a radiation machine for mammography may not be renewed by the Division
if:
(a) The applicant fails to submit the information
required by subsection 1; or
(b) The State Controller has informed the
Division pursuant to subsection 5 of NRS
353C.1965 that the applicant owes a debt to an agency that has been
assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the
payment of the debt pursuant to NRS
353C.130; or
(3) Demonstrated that the debt is not
valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2731)
NRS 457.1857 Report provided to patient who undergoes mammography to include
certain information regarding category of breast density and other information
relating to mammograms; regulations.
1. If a patient undergoes mammography, the
owner, lessee or other person responsible for the radiation machine for
mammography that was used to perform the mammography must ensure that each
report provided to the patient pursuant to 42 U.S.C. § 263b(f)(1)(G)(ii)(IV)
includes, without limitation, a statement of the category of the patient’s
breast density which is determined based on the Breast Imaging Reporting and
Database System or such other guidelines as required by the State Board of
Health by regulation, and the notice prescribed by the State Board of Health
pursuant to subsection 2.
2. The State Board of Health shall
prescribe by regulation the notice to be included in a report pursuant to
subsection 1. The notice must include:
(a) A statement regarding the benefits, risks and
limitations of mammograms;
(b) A description of factors that may affect the
accuracy of a mammogram, including, without limitation, the density of breast
tissue or the presence of breast implants;
(c) A statement that encourages the patient to
discuss with his or her provider of health care the patient’s specific risk
factors for developing breast cancer; and
(d) A statement that encourages the patient to
discuss with his or her provider of health care whether the patient should
adjust his or her schedule for mammograms or consider other appropriate
screening options as a result of the patient’s breast density.
3. The notice prescribed by regulation
pursuant to subsection 2 may include, without limitation:
(a) A statement regarding the prevalence of dense
breast tissue, the relationship between breast density and breast cancer and
the manner in which breast density may change over time; and
(b) A description of the factors that affect the
risk of developing breast cancer.
4. Nothing in this section shall be construed
to:
(a) Create a duty of care or other legal
obligation beyond the duty to provide the notice as set forth in this section.
(b) Require a notice to be provided to a patient
that is inconsistent with the notice required by the provisions of 42 U.S.C. §
263b or any regulations promulgated pursuant thereto.
(Added to NRS by 2013, 2052)
NRS 457.186 Hearing on denial or withdrawal of certificate of authorization. Upon request, the Division shall hold an
administrative hearing concerning the denial or withdrawal of an application
for a certificate of authorization to operate a radiation machine for
mammography or a certificate of authorization for a radiation machine for
mammography.
(Added to NRS by 1991, 904)
NRS 457.187 Administrative fine.
1. The Division may impose an
administrative fine, not to exceed $5,000, against the owner, lessee or other
person responsible for a radiation machine for mammography for a violation of
the provisions of NRS 457.182 to 457.186, inclusive, or for a violation of a regulation
adopted pursuant thereto.
2. Any money collected as a result of an
administrative fine imposed pursuant to subsection 1 must be deposited in the
State General Fund.
(Added to NRS by 1991, 904; A 2013, 2053,
2732)
ENFORCEMENT AND PENALTIES
NRS 457.190 Cooperation of county health officer, district attorney and
Attorney General with Division for enforcement of chapter. County health officers, district attorneys and
the Attorney General shall cooperate with the Division in the enforcement of
the provisions of this chapter.
(Added to NRS by 1960, 65)
NRS 457.200 Penalty for violation of chapter. The
failure of any person or association, representing that the person or
association as engaged in the diagnosis, treatment or cure of cancer, to comply
with any of the provisions of this chapter, or with any order of the Division
validly issued under this chapter, is a misdemeanor.
(Added to NRS by 1960, 65)
NRS 457.210 Penalty for false representation of device, substance or
treatment as effective to arrest or cure cancer. Every
person convicted of willfully and falsely representing a device, substance or
treatment as effective to arrest or cure cancer is guilty of a misdemeanor.
(Added to NRS by 1960, 65)
NRS 457.220 Penalty for third and subsequent conviction of violation of
chapter; exception.
1. Except as otherwise provided in
subsection 2, a person convicted of a violation of any provision of this
chapter, who has previously been convicted twice or more of violations of any
provisions of this chapter, is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
2. The penalty provided in subsection 1 does
not apply to violations of NRS 457.230 to 457.280, inclusive.
(Added to NRS by 1960, 65; A 1967, 586; 1979, 1476; 1985, 115; 1995, 1294)
REPORTING AND ANALYZING INFORMATION ON CANCER
NRS 457.230 Establishment and maintenance of system for reporting
information; objectives; persons required to report information.
1. The Chief Medical Officer shall,
pursuant to the regulations of the State Board of Health, establish and
maintain a system for the reporting of information on cancer.
2. The system must include a record of the
cases of cancer which occur in this state along with such information
concerning the cases as may be appropriate to form the basis for:
(a) The conducting of comprehensive epidemiologic
surveys of cancer and cancer-related diseases in this state; and
(b) The evaluation of the appropriateness of
measures for the prevention and control of cancer.
3. Hospitals, medical laboratories and
other facilities that provide screening, diagnostic or therapeutic services to
patients with respect to cancer shall report information on cases of cancer to
the system.
4. Physicians who diagnose or provide
treatment for cancer, except for cases directly referred or previously admitted
to a hospital, medical laboratory or other facility described in subsection 3,
shall report information on cases of cancer to the system.
5. As used in this section, “medical
laboratory” has the meaning ascribed to it in NRS 652.060.
(Added to NRS by 1983, 1677; A 1997, 1309)
NRS 457.240 Regulations of State Board of Health. The
State Board of Health shall by regulation:
1. Prescribe the form and manner in which
the information on cases of cancer must be reported;
2. Specify the malignant neoplasms which
must be reported;
3. Prescribe other information to be
included in each such report, for example, the patient’s name and address, the
pathological findings, the stage of the disease, the environmental and occupational
factors, the methods of treatment, the incidence of cancer in the patient’s
family, and the places where the patient has resided; and
4. Establish a protocol for obtaining
access to and preserving the confidentiality of the patients’ records needed
for research into cancer.
(Added to NRS by 1983, 1677)
NRS 457.250 Records of health care facility: Availability to Chief Medical
Officer; abstracting of information; fees; penalty.
1. The chief administrative officer of
each health care facility in this state shall make available to the Chief
Medical Officer or the Chief Medical Officer’s representative the records of
the health care facility for every case of malignant neoplasms which are
specified by the State Board of Health as subject to reporting.
2. The Division shall abstract from the
records of the health care facility or shall require the health care facility
to abstract from their own records such information as is required by the State
Board of Health. The Division shall compile the information timely and not
later than 6 months after it abstracts the information or receives the
abstracted information from the health care facility.
3. The Board shall by regulation adopt a
schedule of fees which must be assessed to the health care facility for each
case from which information is abstracted by the Division or by the health care
facility pursuant to subsection 2. The fee assessed to a facility which
abstracts information from its own records must not exceed one-third of the
amount assessed to facilities for which the Division abstracts.
4. Any person who violates this section is
guilty of a misdemeanor and shall be punished by a fine of $1,000, and may be
further punished by imprisonment in the county jail for not more than 6 months.
(Added to NRS by 1983, 1677, 1678; A 1993, 174; 2001, 2257)
NRS 457.260 Publication of reports; provision of data.
1. The Division shall publish reports
based upon the material obtained pursuant to NRS
457.230, 457.240 and 457.250
and shall make other appropriate uses of the material to identify trends in the
incidence of cancer in a particular area or population, advance research and
education concerning cancer and improve treatment of the disease.
2. The Division shall provide any
qualified researcher with data from the reported information upon the
researcher’s:
(a) Compliance with appropriate conditions as
established under the Board’s regulations; and
(b) Payment of a fee to cover the cost of
providing the data.
(Added to NRS by 1983, 1677; A 2003, 1248)
NRS 457.265 Analysis of information, records and reports; investigation of
trends.
1. The Chief Medical Officer or a qualified
person designated by the Administrator of the Division shall analyze the
material obtained pursuant to NRS 457.230, 457.240 and 457.250 and
the reports published pursuant to NRS 457.260 to
determine whether any trends exist in the incidence of cancer in a particular
area or population.
2. If the Chief Medical Officer or the
person designated pursuant to subsection 1 determines that a trend exists in
the incidence of cancer in a particular area or population, the Chief Medical
Officer or the person designated pursuant to subsection 1 shall work with
appropriate governmental, educational and research entities to investigate the
trend, advance research into the trend and the cancer identified in the trend,
and facilitate the prevention and control of the cancer.
(Added to NRS by 2003, 1248)
NRS 457.270 Consent required before disclosure of identity of patient,
physician or health care facility. The
Division shall not reveal the identity of any patient, physician or health care
facility which is involved in the reporting required by NRS
457.250 unless the patient, physician or health care facility gives prior
written consent to such a disclosure.
(Added to NRS by 1983, 1678; A 1993, 174)
NRS 457.280 Limitation on civil and criminal liability. No person or organization providing
information to the Division in accordance with NRS
457.230, 457.240 and 457.250
may be held liable in a civil or criminal action for divulging confidential
information unless the person or organization has done so in bad faith or with
malicious purpose.
(Added to NRS by 1983, 1678)
CANCER DRUG DONATION PROGRAM
NRS 457.400 Definitions. [Replaced in revision by NRS 453B.150.]
NRS 457.410 “Cancer drug” defined. [Replaced
in revision by NRS 453B.160.]
NRS 457.420 “Medical facility” defined. [Replaced
in revision by NRS 453B.170.]
NRS 457.430 “Program” defined. [Replaced
in revision by NRS 453B.180.]
NRS 457.440 “Provider of health care” defined. [Replaced
in revision by NRS 453B.190.]
NRS 457.450 Establishment of Program; handling fee; conditions for
acceptance, distribution and dispensing of donated drugs; certain restrictions. [Replaced in revision by NRS 453B.200.]
NRS 457.460 Donated drug may be dispensed only by registered pharmacist
pursuant to prescription written for an eligible person. [Replaced in revision by NRS 453B.210.]
NRS 457.470 Compliance with provisions of Program; authority to distribute
donated drug to another participant in Program. [Replaced
in revision by NRS 453B.220.]
NRS 457.480 Regulations. [Replaced
in revision by NRS 453B.230.]
NRS 457.490 Limitation of civil and criminal liability; limitation on
disciplinary action by professional licensing board. [Replaced
in revision by NRS 453B.240.]