Nrs: Chapter 457 - Cancer

Link to law: https://www.leg.state.nv.us/NRS/NRS-457.html
Published: 2015

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[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 [Repealed.]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.]

_________

_________

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.]