[Rev. 2/10/2015 5:29:58
PM--2014R2]
CHAPTER 442 - MATERNAL AND CHILD HEALTH;
ABORTION
GENERAL PROVISIONS
NRS 442.003 Definitions.
NRS 442.005 Administration
of chapter.
NRS 442.007 Standards
for perinatal care: Regulations of State Board of Health.
NRS 442.008 Examination
of infants: Regulations; duties of physician, midwife, nurse, obstetric center
or hospital; exemption.
NRS 442.009 Examination
of infants: Priority in contracting with laboratory.
SYPHILIS
NRS 442.010 Examination
of pregnant woman for discovery of syphilis: Blood sample; treatment for
infection; exception.
NRS 442.020 Penalty.
OPHTHALMIA NEONATORUM
NRS 442.030 “Inflammation
of the eyes of the newborn” defined.
NRS 442.040 Report
of existence of ophthalmia neonatorum to be made to local health officer;
duties of health officer.
NRS 442.050 Physician
or midwife to instill germicide in eyes of newborn baby.
NRS 442.060 Report
of birth to include statement concerning instillation of germicide.
NRS 442.070 Duties
of local health officer.
NRS 442.080 Duties
of Division.
NRS 442.085 Regulations
of State Board of Health.
NRS 442.100 Interference
with treatment by prayer or mental or spiritual means.
NRS 442.110 Penalty.
SICKLE CELL ANEMIA
NRS 442.118 Advisory
Committee Concerning Sickle Cell Anemia: Establishment; duties.
GRANTS TO SUBSIDIZE MALPRACTICE INSURANCE
NRS 442.119 Definitions.
NRS 442.1192 Subsidy
authorized for provider of prenatal care in county or community that lacks
services for such care.
NRS 442.1194 University
of Nevada School of Medicine authorized to grant subsidy; amount of subsidy.
NRS 442.1196 Form
and contents of application; eligibility.
NRS 442.1198 Duties
of provider of prenatal care who receives subsidy.
SERVICES UNDER SOCIAL SECURITY ACT
Agency to Cooperate With Federal Authorities
NRS 442.120 Designation
of Department.
Services for Maternal and Child Health
NRS 442.130 Program
for maternal and child health: Purposes; administration.
NRS 442.133 Advisory
Board on Maternal and Child Health: Creation; membership; terms; compensation.
NRS 442.135 Advisory
Board on Maternal and Child Health: Meetings; election of officers; appointment
of subcommittees.
NRS 442.137 Advisory
Board on Maternal and Child Health: Purpose and objectives.
NRS 442.140 State
plan concerning services for maternal and child health; regulations.
NRS 442.150 Provisions
to be included in state plan.
NRS 442.153 Testing
for amblyopia to be included in state plan.
NRS 442.160 Duties
of Administrator of Division.
NRS 442.170 Account
for Maternal and Child Health Services.
Services for Children With Special Health Care Needs
NRS 442.180 Program
of services: Administration; purposes.
NRS 442.190 State
plan for services; regulations.
NRS 442.200 Provisions
to be included in state plan.
NRS 442.210 Duties
of Administrator of Division.
NRS 442.215 Recovery
of costs of corrective treatment from parents by Administrator of Division.
NRS 442.217 Authorization
required before purchased services provided; exception.
NRS 442.220 Account
for Children’s Special Health Care Services.
NRS 442.230 Cooperative
agreement with Federal Government to find, diagnose and treat children with
special health care needs.
ABORTION
NRS 442.240 “Abortion”
defined.
NRS 442.250 Conditions
under which abortion permitted. [NRS 442.250 was
submitted to and approved by referendum at the 1990 general election and
therefore is not subject to legislative amendment or repeal.]
NRS 442.252 Physician
to certify informed consent, marital status and age of woman before performing
abortion.
NRS 442.253 Requirements
for informed consent.
NRS 442.255 Notice
to custodial parent or guardian; request for authorization for abortion; rules
of civil procedure inapplicable.
NRS 442.2555 Procedure
if district court denies request for authorization for abortion: Petition;
hearing on merits; appeal.
NRS 442.256 Records.
NRS 442.257 Criminal
penalty.
NRS 442.260 Division
to adopt regulations governing performance and reporting of abortions.
NRS 442.265 Hospital
to submit monthly report to State Registrar of Vital Statistics.
NRS 442.268 Civil
immunity of person performing judicially authorized abortion in accordance with
provisions of NRS 442.240 to 442.270,
inclusive.
NRS 442.270 Liability
for failure to exercise reasonable care to preserve life of infant born as
result of attempted abortion.
BIRTH DEFECTS AND ADVERSE BIRTH OUTCOMES
NRS 442.300 Definitions.
NRS 442.305 “Adverse
birth outcome” defined.
NRS 442.310 “Birth
defect” defined.
NRS 442.315 “System”
defined.
NRS 442.320 Statewide
system for collection and analysis of information: Establishment and
maintenance; regulations.
NRS 442.325 Provision
of certain information by chief administrative officer of hospital or obstetric
center; exclusion of name of patient; preparation of abstracts.
NRS 442.330 Access
to and use of information obtained by system: Restrictions; exceptions;
regulations.
NRS 442.340 Health
warning about effects of smoking during pregnancy to be posted in certain
retail establishments.
FETAL ALCOHOL SYNDROME
NRS 442.385 Development
and implementation of program of public education by Division.
NRS 442.390 Development
of guidelines for providers of health care or other services by University of
Nevada School of Medicine.
NRS 442.395 Confidentiality
of reports and associated documentation relating to certain referrals to
Division.
NRS 442.400 Request
for and use of certain information from natural parent of child to be placed
for adoption.
NRS 442.405 Request
for and use of certain information from natural parent of child to be placed in
family foster home.
NRS 442.410 Request
for and use of certain information from natural parent of child whom court
determines must be kept in temporary or permanent custody.
NRS 442.415 Division:
Adoption of regulations.
NRS 442.420 Division:
Development and maintenance of system for monitoring syndrome.
NRS 442.425 Gifts,
grants and contributions: Application for and acceptance by Division;
administration and use.
SCREENING OF HEARING OF NEWBORN CHILDREN
NRS 442.500 Definitions.
NRS 442.510 “Hearing
screening” defined.
NRS 442.520 “Hospital”
defined.
NRS 442.530 “Provider
of hearing screenings” defined.
NRS 442.540 Certain
medical facilities prohibited from discharging newborn child born in facility
until child has undergone or been referred for hearing screening; exception;
regulations.
NRS 442.550 Hearing
screenings: Persons authorized to conduct; certain medical facilities to hire
or enter into written agreement with provider of hearing screenings;
documentation to be placed in medical file of newborn child; written reports.
NRS 442.560 Hearing
screening not required if parent or legal guardian of newborn child objects in
writing; written objection to be placed in medical file of newborn child.
NRS 442.570 Physician
to recommend diagnostic evaluation if hearing screening indicates possibility
of hearing loss.
NRS 442.580 Lead
physician or audiologist: Designation; responsibilities.
NRS 442.590 Written
brochures: Creation by Division; required contents; distribution.
TESTING OF PREGNANT WOMEN AND NEWBORN CHILDREN FOR HUMAN
IMMUNODEFICIENCY VIRUS
NRS 442.600 Definitions.
NRS 442.610 “Provider
of health care” defined.
NRS 442.620 “Rapid
test for the human immunodeficiency virus” and “rapid test” defined.
NRS 442.630 Test
used must be approved by United States Food and Drug Administration;
requirements for administration of test.
NRS 442.640 Requirement
for testing of pregnant woman for human immunodeficiency virus.
NRS 442.650 Requirement
for testing of newborn child for human immunodeficiency virus.
NRS 442.660 Pamphlet
to be provided before testing of pregnant woman or newborn child; contents of
pamphlet.
EXAMINATION OF INFANTS FOR CRITICAL CONGENITAL HEART DISEASE
NRS 442.680 Examination
required; confirmation of results; exception to requirement; regulations.
[Effective July 1, 2015.]
SCREENING FOR AMOUNT OF LEAD IN BLOOD OF CHILDREN
NRS 442.700 Department
to encourage performance of tests; reports of results.
CHILDREN WITH AUTISM SPECTRUM DISORDERS
NRS 442.740 “Early
intervention services” defined. [Replaced in revision by NRS 427A.871.]
NRS 442.750 Health
Division required to ensure that personnel who provide early intervention
services possess necessary knowledge and skills; early intervention screenings,
protocols and evaluations. [Replaced in revision by NRS 427A.878.]
NRS 442.760 Division
to prepare annual report; review of information and data concerning outcomes of
specific programs and treatments. [Repealed.]
NRS 442.770 Referral
to Autism Treatment Assistance Program. [Replaced in revision by NRS 427A.880.]
_________
GENERAL PROVISIONS
NRS 442.003 Definitions. As
used in this chapter, unless the context requires otherwise:
1. “Advisory Board” means the Advisory
Board on Maternal and Child Health.
2. “Department” means the Department of
Health and Human Services.
3. “Director” means the Director of the
Department.
4. “Division” means the Division of Public
and Behavioral Health of the Department.
5. “Fetal alcohol syndrome” includes fetal
alcohol effects.
6. “Laboratory” has the meaning ascribed
to it in NRS 652.040.
7. “Obstetric center” has the meaning
ascribed to it in NRS 449.0155.
8. “Provider of health care or other
services” means:
(a) A clinical alcohol and drug abuse counselor
who is licensed, or an alcohol and drug abuse counselor who is licensed or
certified, pursuant to chapter 641C of NRS;
(b) A physician or a physician assistant who is
licensed pursuant to chapter 630 or 633 of NRS and who practices in the area of
obstetrics and gynecology, family practice, internal medicine, pediatrics or
psychiatry;
(c) A licensed nurse;
(d) A licensed psychologist;
(e) A licensed marriage and family therapist;
(f) A licensed clinical professional counselor;
(g) A licensed social worker;
(h) A licensed dietitian; or
(i) The holder of a certificate of registration
as a pharmacist.
(Added to NRS by 1963, 946; A 1967, 1169; 1973, 1406;
1991, 2295;
1999, 1062,
3510; 2001, 415, 781; 2003, 1179; 2007, 1861, 3089; 2011, 461, 1520; 2013, 3047)
NRS 442.005 Administration of chapter. The
Chief Medical Officer and the Division shall administer the provisions of this
chapter in accordance with the regulations of the State Board of Health and
subject to administrative supervision by the Director.
(Added to NRS by 1963, 946; A 2013, 3048)
NRS 442.007 Standards for perinatal care: Regulations of State Board of
Health.
1. The State Board of Health shall adopt
regulations establishing standards for perinatal care provided by any provider
of health care, based on recommendations submitted to the Board by the School
of Medicine and School of Nursing of the Nevada System of Higher Education.
2. As used in this section, “provider of
health care” has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 1987, 1189; A 1993, 403)
NRS 442.008 Examination of infants: Regulations; duties of physician,
midwife, nurse, obstetric center or hospital; exemption.
1. The State Board of Health, upon the
recommendation of the Chief Medical Officer:
(a) Shall adopt regulations governing examinations
and tests required for the discovery in infants of preventable or inheritable
disorders, including tests for the presence of sickle cell anemia; and
(b) May require the Division to provide for the
services of a laboratory in accordance with NRS 442.009
to determine the presence of certain preventable or inheritable disorders in an
infant pursuant to this section.
2. Any physician, midwife, nurse,
obstetric center or hospital of any nature attending or assisting in any way
any infant, or the mother of any infant, at childbirth shall make or cause to
be made an examination of the infant, including standard tests, to the extent
required by regulations of the State Board of Health as is necessary for the
discovery of conditions indicating such disorders.
3. If the examination and tests reveal the
existence of such conditions in an infant, the physician, midwife, nurse,
obstetric center or hospital attending or assisting at the birth of the infant
shall immediately:
(a) Report the condition to the Chief Medical
Officer or the representative of the Chief Medical Officer, the local health
officer of the county or city within which the infant or the mother of the
infant resides, and the local health officer of the county or city in which the
child is born; and
(b) Discuss the condition with the parent,
parents or other persons responsible for the care of the infant and inform them
of the treatment necessary for the amelioration of the condition.
4. An infant is exempt from examination
and testing if either parent files a written objection with the person or
institution responsible for making the examination or tests.
(Added to NRS by 1967, 208; A 1977, 114, 960; 1989, 1893; 1999, 1062, 3511; 2011, 461)
NRS 442.009 Examination of infants: Priority in contracting with laboratory.
1. Except as otherwise provided in this
section, if the State Board of Health requires the Division to provide for the
services of a laboratory to determine the presence of certain preventable or
inheritable disorders in an infant pursuant to NRS
442.008, the Division shall contract with a laboratory in the following
order of priority:
(a) The State Public Health Laboratory;
(b) Any other qualified laboratory located within
this State; or
(c) Any qualified laboratory located outside of
this State.
2. The Division shall not contract with a
laboratory in a lower category of priority unless the Division determines that:
(a) A laboratory in a higher category of priority
is not capable of performing all the tests required to determine the presence
of certain preventable or inheritable disorders in an infant pursuant to NRS 442.008; or
(b) The cost to the Division to contract with a
laboratory in a higher category of priority is not financially reasonable or
exceeds the amount of money available for that purpose.
3. For the purpose of determining the
category of priority of a laboratory only, the Division is not required to
comply with any requirement of competitive bidding or other restriction imposed
on the procedure for awarding a contract.
(Added to NRS by 2011, 460;
A 2013,
3048)
SYPHILIS
NRS 442.010 Examination of pregnant woman for discovery of syphilis: Blood
sample; treatment for infection; exception.
1. Except as otherwise provided in
subsection 5, every:
(a) Physician attending a pregnant woman during
gestation for conditions relating to her pregnancy shall make an examination,
including a standard serological test, for the discovery of syphilis. The
physician shall take or cause to be taken a sample of blood of the woman during
the first and third trimesters and shall submit the sample to a qualified
laboratory for a standard serological test for syphilis.
(b) Person permitted by law to attend upon
pregnant women, but not permitted by law to make blood tests in Nevada, shall
cause a sample of the blood of the pregnant woman to be taken during the first
and third trimesters by a duly licensed physician and submitted to a qualified
laboratory for a standard serological test for syphilis.
2. A qualified laboratory is one approved
by the State Board of Health. A qualified serological test for syphilis is one
recognized as such by the State Board of Health.
3. If the test is made in a state
laboratory, it must be made without charge.
4. If the serological or physical
examination test shows the pregnant woman is infected with syphilis, she
immediately shall commence treatment for syphilis and shall continue treatment
until discharged by a licensed physician.
5. If the pregnant woman objects to the
taking of the sample of blood or the serological test because the test is
contrary to the tenets or practices of her religion, the sample must not be
taken and the test must not be performed.
[Part 13:199:1911; A 1941, 353; 1931 NCL § 5247]—(NRS
A 1981, 1207;
2009, 307)
NRS 442.020 Penalty. Any person
violating any of the provisions of NRS 442.010
shall be guilty of a misdemeanor.
[39:199:1911; added 1939, 297; 1931 NCL §
5268.05]—(NRS A 1967, 579)
OPHTHALMIA NEONATORUM
NRS 442.030 “Inflammation of the eyes of the newborn” defined. Any inflammation, swelling or unusual redness
in either one or both eyes of an infant, either apart from, or together with,
any unnatural discharge from the eye or eyes of such infant, independent of the
nature of the infection, if any, occurring at any time within 2 weeks after the
birth of such infant, shall be known as “inflammation of the eyes of the
newborn” (ophthalmia neonatorum).
[1:230:1921; NCL § 5290]
NRS 442.040 Report of existence of ophthalmia neonatorum to be made to local
health officer; duties of health officer.
1. Any physician, midwife, nurse,
obstetric center or hospital of any nature, parent, relative or person
attending or assisting in any way any infant, or the mother of any infant, at
childbirth, or any time within 2 weeks after childbirth, knowing the condition
defined in NRS 442.030 to exist, shall immediately
report such fact in writing to the local health officer of the county, city or
other political subdivision within which the infant or the mother of any infant
may reside.
2. Midwives shall immediately report
conditions to some qualified practitioner of medicine and thereupon withdraw
from the case except as they may act under the physician’s instructions.
3. On receipt of such report, the health
officer, or the physician notified by a midwife, shall immediately give to the
parents or persons having charge of such infant a warning of the dangers to the
eye or eyes of the infant, and shall, for indigent cases, provide the necessary
treatment at the expense of the county, city or other political subdivision.
[2:230:1921; NCL § 5291]—(NRS A 1977, 960; 1999, 3511)
NRS 442.050 Physician or midwife to instill germicide in eyes of newborn
baby. It shall be unlawful for any
physician or midwife practicing midwifery to neglect or otherwise fail to
instill or have instilled in the eyes of the newborn baby, immediately upon its
birth, some germicide of proven efficiency in preventing the development of
ophthalmia neonatorum.
[3:230:1921; NCL § 5292]
NRS 442.060 Report of birth to include statement concerning instillation of
germicide. Every physician or
midwife shall, in making a report of a birth, state whether or not the
germicide described in NRS 442.050 was instilled
into the eyes of the infant.
[4:230:1921; NCL § 5293]
NRS 442.070 Duties of local health officer. The
local health officer shall:
1. Investigate, or have investigated, each
case as filed with the local health officer in pursuance of the law, and any
other cases which may come to his or her attention.
2. Report all cases of inflammation of the
eyes of the newborn, and the result of all such investigations as the State
Board of Health may direct.
3. Conform to such other rules and
regulations as the State Board of Health shall promulgate for his or her
further guidance.
[5:230:1921; NCL § 5294]
NRS 442.080 Duties of Division. The
Division shall:
1. Enforce the provisions of NRS 442.030 to 442.110,
inclusive.
2. Publish such advice and information
concerning the dangers of inflammation of the eyes of the newborn as is
necessary for prompt and effective treatment.
3. Furnish copies of NRS 442.030 to 442.110,
inclusive, to all physicians and midwives who may be engaged in the practice of
obstetrics, or assisting at childbirth.
4. Keep the proper record of any and all
cases of inflammation of the eyes of the newborn which shall be filed in the
office of the Division in pursuance of the law, and which may come to its attention
in any way, and constitute such records as part of the biennial report to the
Director.
5. Report any and all violations of NRS 442.030 to 442.110,
inclusive, that may come to its attention to the district attorney of the
county wherein the misdemeanor may have been committed, and shall assist the
district attorney in any way possible, such as securing necessary evidence.
6. Furnish birth certificates, which shall
include the question, “Did you comply with NRS 442.050?
If so, state what solution used.”
7. Within the limit of funds available,
provide medical services, appliances, drugs and information for birth control.
[6:230:1921; NCL § 5295]—(NRS A 1963, 947; 1965, 529)
NRS 442.085 Regulations of State Board of Health. The
State Board of Health shall promulgate such rules and regulations as shall,
under NRS 442.030 to 442.110,
inclusive, be necessary for the purposes of such sections, and such as the
State Board of Health may deem necessary for the further guidance of local
health officers.
(Added to NRS by 1963, 947)
NRS 442.100 Interference with treatment by prayer or mental or spiritual
means. None of the provisions of NRS 442.030 to 442.110,
inclusive, or the laws of this State regulating the practice of medicine or
healing shall be construed to interfere with the treatment by prayer, or with
any person who administers to or treats the sick or suffering by mental or
spiritual means, nor shall any person who selects such treatment for the cure
of disease be compelled to submit to any form of medical treatment.
[10:230:1921; NCL § 5299]
NRS 442.110 Penalty. Any
physician, midwife, nurse, manager or person in charge of an obstetric center
or hospital, parent, relative or person attending upon or assisting at the
birth of an infant who violates any of the provisions of NRS
442.030 to 442.100, inclusive, shall be
punished by a fine of not more than $250.
[8:230:1921; NCL § 5297]—(NRS A 1967, 579; 1977, 960; 1979, 1470; 1999, 3511)
SICKLE CELL ANEMIA
NRS 442.118 Advisory Committee Concerning Sickle Cell Anemia: Establishment;
duties. The State Board of Health
shall establish an Advisory Committee Concerning Sickle Cell Anemia. The
Advisory Committee shall, in cooperation with the State Board of Education, the
University of Nevada School of Medicine, and any public or private agencies
that perform work related to sickle cell anemia:
1. Gather information concerning the need
for screening and awareness programs concerning sickle cell anemia, appropriate
settings for such programs, and the manner of establishing and conducting such
programs.
2. Make recommendations to the State Board
of Education, the State Board of Health, and any other appropriate authorities
concerning the establishment of targeted screening and awareness programs
concerning sickle cell anemia.
3. Make recommendations to the State Board
of Education, the State Board of Health, and any other appropriate state agency
concerning the adoption of regulations necessary to implement the programs.
(Added to NRS by 1989, 1893)
GRANTS TO SUBSIDIZE MALPRACTICE INSURANCE
NRS 442.119 Definitions. As
used in NRS 442.119 to 442.1198,
inclusive, unless the context otherwise requires:
1. “Health officer” includes a local
health officer, a city health officer, a county health officer and a district
health officer.
2. “Medicaid” has the meaning ascribed to
it in NRS 439B.120.
3. “Medicare” has the meaning ascribed to
it in NRS 439B.130.
4. “Provider of prenatal care” means:
(a) A physician who is licensed in this State and
certified in obstetrics and gynecology, family practice, general practice or
general surgery.
(b) A certified nurse midwife who is licensed by
the State Board of Nursing.
(c) An advanced practice registered nurse who is
licensed by the State Board of Nursing pursuant to NRS 632.237 and who has specialized skills
and training in obstetrics or family nursing.
(d) A physician assistant licensed pursuant to chapter 630 or 633
of NRS who has specialized skills and training in obstetrics or family
practice.
(Added to NRS by 1991, 2159; A 1995, 2685; 2001, 782; 2003,
20th Special Session, 274; 2007, 1862; 2013, 2081)
NRS 442.1192 Subsidy authorized for provider of prenatal care in county or
community that lacks services for such care.
1. A provider of prenatal care who
provides services to pregnant women, or a health officer acting on behalf of a
provider of prenatal care who provides services to pregnant women, in a county
or community that lacks services for prenatal care may submit an application to
the University of Nevada School of Medicine for a grant to subsidize a portion
of the malpractice insurance of the provider of prenatal care who provides
services to pregnant women in the county or community.
2. A county or community lacks services
for prenatal care if at least one of the following conditions is present:
(a) A provider of prenatal care does not offer
services to pregnant women within the county or the community.
(b) Fifty percent or more of the live births to
women who are residents of the county occur outside the county.
(c) The percentage of live births to women in the
county or community who received no prenatal care exceeds the percentage of
live births to women in the State who received no prenatal care.
(d) The percentage of live births of babies with
low birthweight to women in the county or community is higher than the
percentage of live births of babies with low birthweight to women in the State.
3. If a county or district health officer
applies for a grant on behalf of a provider of prenatal care, the county or
district health officer must provide proof of the financial contribution by the
county or district for the provision of prenatal services for women who do not
qualify for reimbursement pursuant to the State Plan for Medicaid.
(Added to NRS by 1991, 2159; A 1997, 1255; 2003,
20th Special Session, 275)
NRS 442.1194 University of Nevada School of Medicine authorized to grant
subsidy; amount of subsidy.
1. The University of Nevada School of
Medicine may grant money to a provider of prenatal care or a health officer
acting on behalf of a provider of prenatal care who submits an application
pursuant to NRS 442.1192 to furnish a subsidy for
the malpractice insurance of the provider of prenatal care who provides
services in a county or community that lacks services for prenatal care for
women.
2. A grant from the University of Nevada
School of Medicine may subsidize the malpractice insurance of the provider of
prenatal care in an amount up to the difference between the cost of the
malpractice insurance of the provider of prenatal care with coverage for the
provision of prenatal care and without such coverage.
(Added to NRS by 1991, 2160; A 2003,
20th Special Session, 275)
NRS 442.1196 Form and contents of application; eligibility.
1. The application submitted pursuant to NRS 442.1192 for a grant to subsidize the malpractice
insurance of a provider of prenatal care must be on the form required by the
University of Nevada School of Medicine.
2. The application must contain:
(a) If the applicant is a health officer applying
on behalf of a provider of prenatal care, information concerning the
collaboration between the health officer and the provider of prenatal care and
medical facilities within the county or community.
(b) A plan for providing prenatal care for women
in the county or community who have low incomes or who do not qualify for any
state program for medical care.
(c) A plan for improving the health care of
pregnant women in the county or community.
3. To be eligible for a subsidy for
malpractice insurance, a provider of prenatal care must submit evidence that
the provider:
(a) Has completed training in prenatal care that
is approved by the University of Nevada School of Medicine;
(b) Is currently covered by malpractice
insurance;
(c) Accepts reimbursement for services rendered
from Medicaid and Medicare; and
(d) Will continue to provide prenatal care in the
specified county or community for not less than 1 year.
(Added to NRS by 1991, 2160; A 1995, 2685; 2003,
20th Special Session, 276)
NRS 442.1198 Duties of provider of prenatal care who receives subsidy. A provider of prenatal care who receives a
subsidy for malpractice insurance pursuant to NRS
442.119 to 442.1198, inclusive, shall:
1. Attend 15 hours per year of continuing
education concerning risk management or the care of a patient relating to
prenatal services and submit documentation of attendance at the continuing
education to the University of Nevada School of Medicine.
2. Collect data as required by the
University of Nevada School of Medicine or the Division.
3. Provide prenatal care for a woman
without regard to her economic status or ability to pay.
4. Refer a pregnant woman to another
provider of prenatal care if, in the judgment of the provider, he or she cannot
provide the care required by the woman.
5. Carry out the plan for improving the
health care of pregnant women in the county or community pursuant to paragraph
(c) of subsection 2 of NRS 442.1196.
(Added to NRS by 1991, 2160)
SERVICES UNDER SOCIAL SECURITY ACT
Agency to Cooperate With Federal Authorities
NRS 442.120 Designation of Department. The
Department is hereby designated as the agency of this State to cooperate,
through the Division, with the duly constituted federal authorities in the
administration of those parts of the Social Security Act which relate to the
maternal and child health services and the care and treatment of children with
special health care needs, and is authorized to receive and expend all funds
made available to the Department by the Federal Government, the State or its
political subdivisions, or from any other source for the purposes provided in
this chapter.
[Part 6 1/2:199:1911; added 1939, 297; 1931 NCL §
5259.02]—(NRS A 1963, 947; 1991, 282; 2013, 3049)
Services for Maternal and Child Health
NRS 442.130 Program for maternal and child health: Purposes; administration.
1. The Department is hereby designated as
the agency of this State to administer, through the Division, a maternal and
child health program, and to supervise the administration of those services included
in the program which are not administered directly by it.
2. The purpose of such program shall be to
develop, extend and improve health services, and to provide for development of
demonstration services in needy areas for mothers and children.
[1:126:1927; 1931 NCL § 5317.01]—(NRS A 1963, 947)
NRS 442.133 Advisory Board on Maternal and Child Health: Creation;
membership; terms; compensation.
1. The Advisory Board on Maternal and
Child Health is hereby created.
2. The Advisory Board consists of:
(a) Nine members to be appointed by the State
Board of Health from a list of persons provided by the Administrator of the
Division;
(b) One nonvoting member who is a member of the
Senate appointed by the Legislative Commission; and
(c) One nonvoting member who is a member of the
Assembly appointed by the Legislative Commission.
3. The members who are:
(a) Appointed by the State Board of Health serve
terms of 2 years.
(b) Legislators serve terms that begin on the
third Monday in January of odd-numbered years and end the third Monday in
January of the next odd-numbered year.
Ê Any member
of the Advisory Board may be reappointed.
4. Except during a regular or special
session of the Legislature, each Legislator who is a member of the Advisory
Board is entitled to receive the compensation provided for a majority of the
members of the Legislature during the first 60 days of the preceding regular
session for each day or portion of a day during which he or she attends a
meeting of the Advisory Board or is otherwise engaged in the work of the
Advisory Board and the per diem allowance and travel expenses provided for
state officers and employees generally. The salaries, per diem and travel
expenses of the legislative members must be paid from the Legislative Fund.
Each nonlegislative member of the Advisory Board serves without compensation
but is entitled to receive the per diem allowance and travel expenses provided
for state officers and employees generally. The per diem allowance and travel
expenses must be paid from the Account for Maternal and Child Health Services.
(Added to NRS by 1991, 2294; A 2009, 666)
NRS 442.135 Advisory Board on Maternal and Child Health: Meetings; election
of officers; appointment of subcommittees.
1. The Advisory Board shall meet at least
quarterly and at the times and places specified by the call of the Chair.
2. The members of the Advisory Board shall
elect a Chair and a Vice Chair from among their membership.
3. The Chair may appoint a subcommittee of
the Board to study and make recommendations regarding a specific issue as
requested by the Administrator or a Board member. The composition of the
subcommittee must be approved by a majority vote of the Board.
(Added to NRS by 1991, 2295)
NRS 442.137 Advisory Board on Maternal and Child Health: Purpose and
objectives. The purpose of the
Advisory Board is to advise the Administrator of the Division concerning
perinatal care to enhance the survivability and health of infants and mothers,
and concerning programs to improve the health of preschool children, to achieve
the following objectives:
1. Ensuring the availability and
accessibility of primary care health services;
2. Reducing the rate of infant mortality;
3. Reducing the incidence of preventable
diseases and handicapping conditions among children;
4. Identifying the most effective methods
of preventing fetal alcohol syndrome and collecting information relating to the
incidence of fetal alcohol syndrome in this state;
5. Preventing the consumption of alcohol
by women during pregnancy;
6. Reducing the need for inpatient and
long-term care services;
7. Increasing the number of children who
are appropriately immunized against disease;
8. Increasing the number of children from
low-income families who are receiving assessments of their health;
9. Ensuring that services to follow up the
assessments are available, accessible and affordable to children identified as
in need of those services;
10. Assisting the Division in developing a
program of public education that it is required to develop pursuant to NRS 442.385, including, without limitation, preparing
and obtaining information relating to fetal alcohol syndrome;
11. Assisting the University of Nevada
School of Medicine in reviewing, amending and distributing the guidelines it is
required to develop pursuant to NRS 442.390; and
12. Promoting the health of infants and
mothers by ensuring the availability and accessibility of affordable perinatal
services.
(Added to NRS by 1991, 2295; A 2003, 1360)
NRS 442.140 State plan concerning services for maternal and child health;
regulations.
1. The Department may:
(a) Formulate, adopt and administer, through the
State Board of Health and the Division, a detailed plan for the purposes
specified in NRS 442.130.
(b) Adopt, through the State Board of Health,
regulations necessary for the administration of the plan and the administration
of NRS 442.130 to 442.170,
inclusive.
2. In developing and revising the plan,
the Department shall consider:
(a) The amount of money available from the
Federal Government for services relating to maternal and child health;
(b) The conditions attached to the acceptance of
money from the Federal Government; and
(c) The limitations of legislative appropriations
for services relating to maternal and child health.
[Part 2:126:1937; 1931 NCL § 5317.02]—(NRS A 1963,
948; 1981, 1899;
1991, 2295)
NRS 442.150 Provisions to be included in state plan. A plan formulated in accordance with NRS 442.140 must include provisions for:
1. Financial participation by this State.
2. Administration of the plan by the
Department, through the Division, and supervision by the Department, through
the Division, of the administration of any service included in the plan that is
not administered directly by the Division.
3. Such methods of administration as are
necessary for efficient operation of the plan.
4. Maintenance of records and preparation,
submission and filing of reports of services rendered.
5. Cooperation with local medical, health,
nursing and welfare groups and organizations for the purpose of extending and
improving maternal and child health.
6. Receiving and expending in the manner
provided in NRS 442.130 to 442.170,
inclusive, and in accordance with the plan, any money made available to the
Department by the Federal Government, the State or its political subdivisions,
or from any other source.
7. Cooperating with the Federal
Government, through its appropriate agency or instrumentality:
(a) In developing, extending and improving
services;
(b) In the administration of the plan; and
(c) In developing demonstration services in needy
areas among groups in special need.
8. Carrying out the purposes specified in NRS 442.130.
[Part 2:126:1937; 1931 NCL § 5317.02]—(NRS A 1963,
948; 1991, 2296)
NRS 442.153 Testing for amblyopia to be included in state plan. The Department, through the State Board of
Health and the Division, shall include testing for amblyopia in the state plan
for a maternal and child health program as provided in NRS
442.140.
(Added to NRS by 1977, 451)
NRS 442.160 Duties of Administrator of Division.
1. The Administrator of the Division is
the administrative officer of the Division with respect to the administration
and enforcement of:
(a) The provisions of NRS
442.130 to 442.170, inclusive;
(b) The plan formulated and adopted for the
purposes of NRS 442.130 to 442.170,
inclusive; and
(c) All regulations necessary thereto and adopted
by the State Board of Health.
2. The Administrator shall administer and
enforce all regulations adopted by the State Board of Health for the efficient
operation of the plan formulated by the State Board of Health and the Division
for the purposes of NRS 442.130 to 442.170, inclusive.
3. The Administrator shall:
(a) Maintain his or her office in Carson City,
Nevada, or elsewhere in the State as directed by the Director.
(b) Keep in his or her office all records,
reports, papers, books and documents pertaining to the subjects of NRS 442.130 to 442.170,
inclusive.
(c) If directed by the terms of the plan or by
the Director, provide such medical, surgical or other services as are necessary
to carry out the provisions of the plan and of NRS
442.130 to 442.170, inclusive.
4. The Administrator, with the assistance
of the Chief Medical Officer, shall make such reports, in such form and
containing such information concerning the subjects of NRS
442.130 to 442.170, inclusive, as required by
the Secretary of Health and Human Services.
5. The Administrator shall, in accordance
with the rules and regulations of the Secretary of Health and Human Services
and of the Secretary of the Treasury, requisition and cause to be deposited
with the State Treasurer all money allotted to this State by the Federal
Government for the purposes of NRS 442.130 to 442.170, inclusive. The Administrator shall cause to
be paid out of the State Treasury the money deposited for the purposes of NRS 442.130 to 442.170,
inclusive.
[3:126:1937; 1931 NCL § 5317.03]—(NRS A 1963, 948; 1983, 137, 834; 1991, 2296; 2013, 3049)
NRS 442.170 Account for Maternal and Child Health Services.
1. The State Treasurer is custodian of all
money appropriated by this State, allotted to this State by the Federal
Government or received by this State from other sources, for the purposes of NRS 442.130 to 442.170,
inclusive.
2. The Division shall deposit the money in
the State Treasury for credit to the Account for Maternal and Child Health
Services.
3. All claims and demands against the
Account must be paid only upon the Administrator’s certifying the claims and
demands in proper vouchers to the State Controller who shall thereupon draw his
or her warrant or warrants therefor, and the State Treasurer shall pay them.
[4:126:1937; 1931 NCL § 5317.04]—(NRS A 1963, 949; 1983, 397, 835; 1991, 2297)
Services for Children With Special Health Care Needs
NRS 442.180 Program of services: Administration; purposes.
1. The Department is hereby designated as
the agency of this State to administer a program of service for children who
have special health care needs or who are suffering from conditions which lead
to a handicap, and to supervise the administration of those services included
in the program which are not administered directly by it.
2. The purpose of the program is to
develop, extend and improve services for locating such children, and for
providing for medical, surgical, corrective and other services and care, and
providing facilities for diagnosis, hospitalization and aftercare.
[1:119:1937; 1931 NCL § 5316.01]—(NRS A 1963, 949; 1991, 282)
NRS 442.190 State plan for services; regulations.
1. The Department may:
(a) Formulate, adopt and administer, through the
State Board of Health and the Division, a detailed plan or plans for the
purposes specified in NRS 442.180.
(b) Adopt, through the State Board of Health,
regulations necessary for the administration of the plan or plans and the
administration of NRS 442.180 to 442.220, inclusive.
2. In developing and revising the plan or
plans, the Department shall consider, among other things, the amount of money
available from the Federal Government for services to children with special
health care needs and the conditions attached to the acceptance of such money,
and the limitations of legislative appropriations for services to children with
special health care needs.
[Part 2:119:1937; 1931 NCL § 5316.02]—(NRS A 1963,
950; 1975, 74; 1981,
1900; 1991,
282)
NRS 442.200 Provisions to be included in state plan. Such plan or plans shall in any event include
therein provisions for:
1. Financial participation by this State.
2. Administration of such plan or plans by
the Department, through the Division, and supervision by the Department,
through the Division, of the administration of such services included in the
plan or plans which are not administered directly by the Division.
3. Such methods of administration as are
necessary for efficient operation of such plan or plans.
4. Maintenance of records and preparation,
submission and filing of reports of services rendered.
5. Cooperation with medical, health,
nursing and welfare groups and organizations, and with any agency of the State
charged with the administration of laws providing for vocational rehabilitation
of children with disabilities.
6. Receiving and expending in the manner
provided in NRS 442.180 to 442.220,
inclusive, in accordance with such plan or plans, all funds made available to
the Department by the Federal Government, the State or its political
subdivisions, or from any other source for such purposes.
7. Cooperating with the Federal
Government, through its appropriate agency or instrumentality, in developing,
extending and improving such services and in the administration of such plan or
plans.
8. Carrying out the purposes specified in NRS 442.180.
[Part 2:119:1937; 1931 NCL § 5316.02]—(NRS A 1963,
950; 1975, 75)
NRS 442.210 Duties of Administrator of Division.
1. The Administrator of the Division shall
administer and enforce the provisions of NRS 442.180
to 442.220, inclusive, and of the plan or plans
formulated and adopted for the purposes of NRS 442.180
to 442.220, inclusive, and all regulations
necessary thereto and adopted by the State Board of Health.
2. The Administrator shall administer and
enforce all regulations adopted by the State Board of Health for the efficient
operation of such plan or plans formulated by the State Board of Health and the
Division for the purposes of NRS 442.180 to 442.220, inclusive.
3. The Administrator shall maintain his or
her office in Carson City, Nevada, or elsewhere in the State as directed by the
Director, and keep therein all records, reports, papers, books and documents
pertaining to the subjects of NRS 442.180 to 442.220, inclusive. The Administrator, when directed
by the terms of any plan or plans perfected, or by the Director, shall provide
in such places within the State such medical, surgical or other agency or
agencies as may be necessary to carry out the provisions of such plan or plans
and of NRS 442.180 to 442.220,
inclusive. If the proper medical or surgical services cannot be had within the
State for any child with special health care needs, the Secretary of the State
Board of Health may provide for those services in some other state.
4. The Administrator shall, from time to
time as directed by the Secretary of Health and Human Services, make reports,
in such form and containing such information concerning the subjects of NRS 442.180 to 442.220,
inclusive, as the Secretary of Health and Human Services requires.
5. The Administrator shall from time to
time pursuant to the rules and regulations of the Secretary of Health and Human
Services and of the Secretary of the Treasury, requisition and cause to be
deposited with the State Treasurer all money allotted to this state by the
Federal Government for the purposes of NRS 442.180
to 442.220, inclusive. The Administrator shall
cause to be paid out of the State Treasury the money therein deposited for the
purposes of NRS 442.180 to 442.220,
inclusive.
[3:119:1937; 1931 NCL § 5316.03]—(NRS A 1963, 951;
1975, 75; 1983,
138, 835;
1991, 282; 2013, 3049)
NRS 442.215 Recovery of costs of corrective treatment from parents by
Administrator of Division.
1. The Administrator of the Division may
recover costs of corrective treatment for children with special health care
needs from the parents of the child who receives the treatment, pursuant to
subsections 2 and 3.
2. The Administrator shall investigate the
financial circumstances of a parent of a child with special health care needs
for whom an application is made to determine whether part or all of the expenses
for treatment should be paid for by such parent.
3. The Administrator may authorize
corrective treatment for a child with special health care needs at state
expense when it is determined that the parent of the child is unable to pay the
cost of this treatment or any part thereof. A determination of ability to pay
and eligibility for payment at state expense must be based on the following
factors:
(a) Resources of the parent, including hospital
and medical insurance;
(b) Other available sources of payment, including
state aid for medically indigent families;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
4. As used in this section, “parent” means
a natural parent or an adoptive parent.
(Added to NRS by 1969, 1090; A 1977, 471; 1983, 836; 1991, 283)
NRS 442.217 Authorization required before purchased services provided;
exception.
1. All services purchased for children
with special health care needs pursuant to NRS 442.180
to 442.220, inclusive, must be authorized by the
Division before the time such services are provided, and a record of such
authorizations must be retained as part of the child’s case record in the
Division.
2. Authorizations for services provided
during the hours when the offices of the Division are closed may be issued
retroactively, provided that:
(a) The child meets the eligibility requirements
of the Program; and
(b) The Division is notified by the physician,
hospital or other provider of services within 72 hours following the time
service was provided.
(Added to NRS by 1975, 74; A 1991, 284)
NRS 442.220 Account for Children’s Special Health Care Services.
1. The State Treasurer is custodian of all
money appropriated by this State, allotted to this State by the Federal
Government or received by this State from other sources, for the purposes of NRS 442.180 to 442.220,
inclusive.
2. The Division shall deposit the money in
the State Treasury for credit to the Account for Children’s Special Health Care
Services.
3. All claims and demands against the
Account must be paid only upon the Administrator’s certifying the claims and
demands in proper vouchers to the State Controller who shall thereupon draw his
or her warrant or warrants therefor, and the State Treasurer shall pay them.
[4:119:1937; 1931 NCL § 5316.04]—(NRS A 1963, 951;
1975, 76; 1983,
398, 836;
1991, 284)
NRS 442.230 Cooperative agreement with Federal Government to find, diagnose
and treat children with special health care needs.
1. The Department may enter into a
cooperative agreement or agreements with the United States Department of Health
and Human Services, prescribing the manner, terms and conditions of cooperation
by the Department and the United States Department of Health and Human Services
in providing for the finding, diagnosis and treatment of children with special
health care needs, including children with rheumatic fever.
2. Such agreements may provide for the
amounts which the State and the Federal Government will contribute under the
agreement, and the Department shall be bound and governed by such agreement or
agreements.
[1:324:1951]—(NRS A 1963, 952; 1983, 139; 1991, 284)
ABORTION
NRS 442.240 “Abortion” defined. As
used in NRS 442.240 to 442.270,
inclusive, unless the context requires otherwise, “abortion” means the
termination of a human pregnancy with an intention other than to produce the
birth of an infant capable of sustained survival by natural or artificial
supportive systems or to remove a dead fetus.
(Added to NRS by 1973, 1637; A 1981, 1163; 1985, 2307)
NRS 442.250 Conditions under which abortion permitted. [NRS
442.250 was submitted to and approved by referendum at the 1990
general election and therefore is not subject to legislative amendment or
repeal.]
1. No abortion may be performed in this
state unless the abortion is performed:
(a) By a physician licensed to practice in this
state or by a physician in the employ of the government of the United States
who:
(1) Exercises his or her best clinical
judgment in the light of all attendant circumstances including the accepted
professional standards of medical practice in determining whether to perform an
abortion; and
(2) Performs the abortion in a manner
consistent with accepted medical practices and procedures in the community.
(b) Within 24 weeks after the commencement of the
pregnancy.
(c) After the 24th week of pregnancy only if the
physician has reasonable cause to believe that an abortion currently is necessary
to preserve the life or health of the pregnant woman.
2. All abortions performed after the 24th
week of pregnancy or performed when, in the judgment of the attending
physician, there is a reasonable likelihood of the sustained survival of the fetus
outside of the womb by natural or artificial supportive systems must be
performed in a hospital licensed under chapter
449 of NRS.
3. Before performing an abortion pursuant
to subsection 2, the attending physician shall enter in the permanent records
of the patient the facts on which the physician based his or her best clinical
judgment that there is a substantial risk that continuance of the pregnancy
would endanger the life of the patient or would gravely impair the physical or
mental health of the patient.
(Added to NRS by 1973, 1637; A 1975, 367; 1977, 961; 1981, 1164; 1985, 2307)
NRS 442.252 Physician to certify informed consent, marital status and age of
woman before performing abortion. No
physician may perform an abortion in this state unless, before the physician
performs it, he or she certifies in writing that the woman gave her informed
written consent, freely and without coercion. The physician shall further
certify in writing the pregnant woman’s marital status and age based upon proof
of age offered by her.
(Added to NRS by 1981, 1162; A 1985, 2308)
NRS 442.253 Requirements for informed consent.
1. The attending physician or a person
meeting the qualifications established by regulations adopted by the Division
shall accurately and in a manner which is reasonably likely to be understood by
the pregnant woman:
(a) Explain that, in his or her professional
judgment, she is pregnant and a copy of her pregnancy test is available to her.
(b) Inform her of the number of weeks which have
elapsed from the probable time of conception.
(c) Explain the physical and emotional
implications of having the abortion.
(d) Describe the medical procedure to be used,
its consequences and the proper procedures for her care after the abortion.
2. The attending physician shall verify
that all material facts and information, which in the professional judgment of
the physician are necessary to allow the woman to give her informed consent,
have been provided to her and that her consent is informed.
3. If the woman does not understand
English, the form indicating consent must be written in a language understood
by her, or the attending physician shall certify on the form that the
information required to be given has been presented in such a manner as to be
understandable by her. If an interpreter is used, the interpreter must be named
and reference to this use must be made on the form for consent.
(Added to NRS by 1981, 1162; A 1985, 2308)
NRS 442.255 Notice to custodial parent or guardian; request for
authorization for abortion; rules of civil procedure inapplicable.
1. Unless in the judgment of the attending
physician an abortion is immediately necessary to preserve the patient’s life
or health or an abortion is authorized pursuant to subsection 2 or NRS 442.2555, a physician shall not knowingly perform
or induce an abortion upon an unmarried and unemancipated woman who is under
the age of 18 years unless a custodial parent or guardian of the woman is
personally notified before the abortion. If the custodial parent or guardian
cannot be so notified after a reasonable effort, the physician shall delay
performing the abortion until the physician has notified the parent or guardian
by certified mail at the last known address of the parent or guardian.
2. An unmarried or unemancipated woman who
is under the age of 18 years may request a district court to issue an order
authorizing an abortion. If so requested, the court shall interview the woman
at the earliest practicable time, which must be not more than 2 judicial days
after the request is made. If the court determines, from any information
provided by the woman and any other evidence that the court may require, that:
(a) She is mature enough to make an intelligent
and informed decision concerning the abortion;
(b) She is financially independent or is
emancipated; or
(c) The notice required by subsection 1 would be
detrimental to her best interests,
Ê the court
shall issue an order within 1 judicial day after the interview authorizing a
physician to perform the abortion in accordance with the provisions of NRS 442.240 to 442.270,
inclusive.
3. If the court does not find sufficient
grounds to authorize a physician to perform the abortion, it shall enter an
order to that effect within 1 judicial day after the interview. If the court
does not enter an order either authorizing or denying the performance of the
abortion within 1 judicial day after the interview, authorization shall be
deemed to have been granted.
4. The court shall take the necessary
steps to ensure that the interview and any other proceedings held pursuant to
this subsection or NRS 442.2555 are confidential.
The rules of civil procedure do not apply to any action taken pursuant to this
subsection.
(Added to NRS by 1981, 1163; A 1985, 2309)
NRS 442.2555 Procedure if district court denies request for authorization for
abortion: Petition; hearing on merits; appeal.
1. If the order is denied pursuant to NRS 442.255, the court shall, upon request by the minor
if it appears that she is unable to employ counsel, appoint an attorney to
represent her in the preparation of a petition, a hearing on the merits of the
petition, and on an appeal, if necessary. The compensation and expenses of the
attorney are a charge against the county as provided in the following schedule:
(a) For consultation, research and other time
reasonably spent on the matter, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The petition must set forth the
initials of the minor, the age of the minor, the estimated number of weeks
elapsed from the probable time of conception, and whether maturity,
emancipation, notification detrimental to the minor’s best interests or a
combination thereof are relied upon in avoidance of the notification required
by NRS 442.255. The petition must be initialed by
the minor.
3. A hearing on the merits of the
petition, on the record, must be held as soon as possible and within 5 judicial
days after the filing of the petition. At the hearing the court shall hear
evidence relating to:
(a) The minor’s emotional development, maturity,
intellect and understanding;
(b) The minor’s degree of financial independence
and degree of emancipation from parental authority;
(c) The minor’s best interests relative to
parental involvement in the decision whether to undergo an abortion; and
(d) Any other evidence that the court may find
useful in determining whether the minor is entitled to avoid parental
notification.
4. In the decree, the court shall, for
good cause:
(a) Grant the petition, and give judicial
authorization to permit a physician to perform an abortion without the
notification required in NRS 442.255; or
(b) Deny the petition, setting forth the grounds
on which the petition is denied.
5. An appeal from an order issued under
subsection 4 may be taken to the appellate court of competent jurisdiction
pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada
Constitution, which shall suspend the Nevada Rules of Appellate Procedure
pursuant to NRAP 2 to provide
for an expedited appeal. The notice of intent to appeal must be given within 1
judicial day after the issuance of the order. The record on appeal must be
perfected within 5 judicial days after the filing of the notice of appeal and
transmitted to the appellate court of competent jurisdiction pursuant to the
rules fixed by the Supreme Court. The appellate court of competent
jurisdiction, shall, by court order or rule, provide for a confidential and
expedited appellate review of cases appealed under this section.
(Added to NRS by 1985, 2306; A 2013, 1784)
NRS 442.256 Records. A
physician who performs an abortion shall maintain a record of it for at least 5
years after it is performed. The record must contain:
1. The written consent of the woman;
2. A statement of the information which
was provided to the woman pursuant to NRS 442.253;
and
3. A description of efforts to give any
notice required by NRS 442.255.
(Added to NRS by 1981, 1163; A 1985, 2310)
NRS 442.257 Criminal penalty. Any
person who violates any provision of NRS 442.252 to
442.256, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1981, 1163)
NRS 442.260 Division to adopt regulations governing performance and
reporting of abortions.
1. The Division shall adopt and enforce
regulations governing the conditions under and the methods by which abortions
may be performed, the reasonable minimum qualifications of a person authorized
to provide the information required in NRS 442.253,
as well as all other aspects pertaining to the performance of abortions
pursuant to NRS 442.250.
2. The Division shall adopt and enforce
regulations for a system for reporting abortions. This system must be designed
to preserve confidentiality of information on the identity of women upon whom
abortions are performed. The Division may require that the following items be
reported for each abortion:
(a) The date of the abortion;
(b) The place of the abortion including the city,
county and state;
(c) The type of facility;
(d) The usual residence of the woman, including
the city, county and state;
(e) Her age;
(f) Her ethnic group or race;
(g) Her marital status;
(h) The number of previous live births;
(i) The number of previous induced abortions;
(j) The duration of her pregnancy, as measured
from first day of last normal menses to date of abortion, and as estimated by
uterine size prior to performance of the abortion;
(k) The type of abortion procedure; and
(l) If a woman has had a previously induced
abortion, the information in paragraphs (a) to (k), inclusive, or as much
thereof as can be reasonably obtained, for each previous abortion.
3. The Division may adopt regulations to
permit studies of individual cases of abortion, but these studies must not be
permitted unless:
(a) Absolute assurance is provided that
confidentiality of information on the persons involved will be preserved;
(b) Informed consent of each person involved in
the study is obtained in writing;
(c) The study is conducted according to
established standards and ethics; and
(d) The study is related to problems of health
and has scientific merit with regard to both design and the importance of the problems
to be solved.
(Added to NRS by 1973, 1638; A 1973, 1406; 1985, 2310; 2013, 3050)
NRS 442.265 Hospital to submit monthly report to State Registrar of Vital
Statistics. Each hospital shall
submit a monthly report to the State Registrar of Vital Statistics which
contains the following information:
1. The number of patients admitted for
hospital care for a complication which resulted from an abortion;
2. The nature of the complication by its
diagnostic name; and
3. The type of abortion.
(Added to NRS by 1981, 1941)
NRS 442.268 Civil immunity of person performing judicially authorized
abortion in accordance with provisions of NRS 442.240 to 442.270,
inclusive. If an abortion is
judicially authorized and the provisions of NRS 442.240
to 442.270, inclusive, are complied with, an action
by the parents or guardian of the minor against persons performing the abortion
is barred. This civil immunity extends to the performance of the abortion and
any necessary accompanying services which are performed in a competent manner.
The costs of the action, if brought, must be borne by the parties respectively.
(Added to NRS by 1985, 2307)
NRS 442.270 Liability for failure to exercise reasonable care to preserve
life of infant born as result of attempted abortion. Whenever
an abortion results in the birth of an infant capable of sustained survival by
natural or artificial supportive systems, the failure to take all reasonable
steps, in keeping with good medical practice, to preserve the life and health
of the infant subjects the person performing the abortion to the laws of this
state governing criminal liability and civil liability for wrongful death and
medical malpractice.
(Added to NRS by 1973, 1639; A 1975, 368; 1985, 2311)
BIRTH DEFECTS AND ADVERSE BIRTH OUTCOMES
NRS 442.300 Definitions. As
used in NRS 442.300 to 442.330,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 442.305, 442.310
and 442.315 have the meanings ascribed to them in
those sections.
(Added to NRS by 1999, 3509)
NRS 442.305 “Adverse birth outcome” defined. “Adverse
birth outcome” includes stillbirths.
(Added to NRS by 1999, 3509)
NRS 442.310 “Birth defect” defined. “Birth
defect” means any structural or chemical abnormality present in a child at
birth.
(Added to NRS by 1999, 3509)
NRS 442.315 “System” defined. “System”
means the system established and maintained pursuant to NRS
442.320.
(Added to NRS by 1999, 3509)
NRS 442.320 Statewide system for collection and analysis of information:
Establishment and maintenance; regulations.
1. The Division, in cooperation with the
University of Nevada School of Medicine, shall establish and maintain a
statewide system for the collection and analysis of information concerning
birth defects and other adverse birth outcomes.
2. The State Board of Health shall adopt
regulations to carry out the provisions of NRS 442.300
to 442.330, inclusive. The regulations must:
(a) Establish a procedure to inform a patient
that the patient’s name will be used for research and referrals to related services
unless the patient requests the exclusion of his or her name from the system;
and
(b) Require the exclusion from the system of the
name of a patient if the patient or, if the patient is a minor, a parent or
legal guardian of the patient has requested in writing to exclude the name of
the patient from the system.
3. The provisions of NRS 442.300 to 442.330,
inclusive, do not authorize any prenatal genetic testing of children.
(Added to NRS by 1999, 3509)
NRS 442.325 Provision of certain information by chief administrative officer
of hospital or obstetric center; exclusion of name of patient; preparation of
abstracts.
1. Except as otherwise provided in
subsection 2, the chief administrative officer of each hospital and obstetric
center or a representative of the officer shall:
(a) Prepare and make available to the Chief
Medical Officer or a representative of the Officer a list of:
(1) Patients who are under 7 years of age
and have been diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birth
outcomes; and
(b) Make available to the Chief Medical Officer
or a representative of the Officer the records of the hospital or obstetric
center regarding:
(1) Patients who are under 7 years of age
and have been diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birth
outcomes.
2. The name of a patient must be excluded
from the information prepared and made available pursuant to subsection 1 if
the patient or, if the patient is a minor, a parent or legal guardian of the
patient has requested in writing to exclude the name of the patient from that
information in the manner prescribed by the State Board of Health pursuant to NRS 442.320. The provisions of this subsection do not
relieve the chief administrative officer of the duty of preparing and making
available the information required by subsection 1.
3. The Chief Medical Officer or a
representative of the Officer shall abstract from the records and lists
required to be prepared and made available pursuant to this section such
information as is required by the State Board of Health for inclusion in the
system.
4. As used in this section, “hospital” has
the meaning ascribed to it in NRS 449.012.
(Added to NRS by 1999, 3509)
NRS 442.330 Access to and use of information obtained by system:
Restrictions; exceptions; regulations.
1. Except as otherwise provided in NRS 439.538, information obtained by the
system from any source may be used only:
(a) To investigate the causes of birth defects
and other adverse birth outcomes;
(b) To determine, evaluate and develop strategies
to prevent the occurrence of birth defects and other adverse birth outcomes;
(c) To assist in the early detection of birth
defects; and
(d) To assist in ensuring the delivery of
services for children identified with birth defects.
2. The State Board of Health shall adopt
regulations to ensure that, except as otherwise provided in subsection 3 and NRS 439.538:
(a) Access to information contained in the system
is limited to persons authorized and approved by the Chief Medical Officer or a
representative of the Officer who are employed by the Division or the
University of Nevada School of Medicine.
(b) Any information obtained by the system that
would reveal the identity of a patient remains confidential.
(c) Information obtained by the system is used
solely for the purposes set forth in subsection 1.
3. This section does not prohibit the
publishing of statistical compilations relating to birth defects and other
adverse birth outcomes that do not in any manner identify individual patients
or individual sources of information.
(Added to NRS by 1999, 3510; A 2007, 1978)
NRS 442.340 Health warning about effects of smoking during pregnancy to be
posted in certain retail establishments.
1. Each retail establishment in which
cigarettes are sold or offered for sale shall post at least one sign that meets
the requirements of this section in a location conspicuous to the patrons of
the establishment. The contents of the warning may be included on any other
sign which the retail establishment is required to post in a location
conspicuous to the patrons of the establishment.
2. Each sign required by subsection 1 must
be not less than 8 by 5 1/2 inches in size and must contain a notice in
boldface type that is clearly legible and, except as otherwise provided in
subsection 4, is in substantially the following form:
HEALTH
WARNING
Smoking tobacco during pregnancy can
cause birth defects, premature birth and low birth weight.
¡ADVERTENCIA!
Fumar tabaco durante el embarazo
puede causar daño a su bebé al nacer, que nazca prematuro y que nazca bajo de
peso.
3. The letters in the words “HEALTH
WARNING” and “¡ADVERTENCIA!” in the sign must be written in not less than
28-point type, and the letters in all other words in the sign must be written
in not less than 24-point type.
4. The Division may provide by regulation
for one or more alternative forms for the language of the warning to be
included on the signs required by subsection 1 to increase the effectiveness of
the signs. Each alternative form must contain substantially the same message as
is stated in subsection 2. The Division and the local boards of health may
solicit and accept donations of signs that satisfy the requirements of this
section from a nonprofit organization or any other source. To the extent that
such signs are donated, the Division or the local boards of health, as
applicable, shall distribute the signs upon request to retail establishments
that are required to post such signs.
(Added to NRS by 2011, 824)
FETAL ALCOHOL SYNDROME
NRS 442.385 Development and implementation of program of public education by
Division. The Division shall
develop and carry out a program of public education to increase public
awareness about the dangers of fetal alcohol syndrome and other adverse effects
on a fetus that may result from the consumption of alcohol during pregnancy.
The program must include, without limitation:
1. Educational messages that
are directed toward the general public and specific geographical areas and
groups of persons in this State that are identified pursuant to subsection 1 of
NRS 442.420 as having women who are at a high risk
of consuming alcohol during pregnancy.
2. Providing training materials to school
personnel to assist them in identifying pupils who may be suffering from fetal
alcohol syndrome and offering to provide the parents of those pupils with a
referral for diagnostic services and treatment.
3. If a toll-free telephone service is
otherwise provided by the Division, the use of that telephone service for
providing information relating to programs for the treatment of substance
abuse, providers of health care or other services and other available
resources, and referrals to those programs, if appropriate. The telephone
number must be disclosed in the educational messages provided pursuant to this
section.
(Added to NRS by 1999, 1059; A 2003, 1360)
NRS 442.390 Development of guidelines for providers of health care or other
services by University of Nevada School of Medicine. The
University of Nevada School of Medicine shall develop guidelines to assist a
provider of health care or other services in identifying:
1. Pregnant women who are at a high risk
of consuming alcohol during pregnancy; and
2. Children who are suffering from fetal
alcohol syndrome.
(Added to NRS by 1999, 1060; A 2003, 1361)
NRS 442.395 Confidentiality of reports and associated documentation relating
to certain referrals to Division. Except
as otherwise provided in NRS 239.0115
and 439.538, if a pregnant woman is
referred to the Division by a provider of health care or other services for
information relating to programs for the prevention and treatment of fetal
alcohol syndrome, any report relating to the referral or other associated
documentation is confidential and must not be used in any criminal prosecution
of the woman.
(Added to NRS by 1999, 1060; A 2007, 1978, 2109)
NRS 442.400 Request for and use of certain information from natural parent
of child to be placed for adoption. The
agency which provides child welfare services or a licensed child-placing agency
shall inquire, during its initial contact with a natural parent of a child who
is to be placed for adoption, about consumption of alcohol or substance abuse
by the mother of the child during pregnancy. The information obtained from the
inquiry must be:
1. Included in the report provided to the
adopting parents of the child pursuant to NRS
127.152; and
2. Reported to the Division on a form
prescribed by the Division. The report must not contain any identifying
information and may be used only for statistical purposes.
(Added to NRS by 1999, 1060; A 2001
Special Session, 54)
NRS 442.405 Request for and use of certain information from natural parent
of child to be placed in family foster home.
1. The agency which provides child welfare
services shall inquire, during its initial contact with a natural parent of a
child who is to be placed in a family foster home, about consumption of alcohol
or substance abuse by the mother of the child during pregnancy. The information
obtained from the inquiry must be:
(a) Provided to the provider of foster care
pursuant to NRS 424.038; and
(b) Reported to the Division on a form prescribed
by the Division. The report must not contain any identifying information and
may be used only for statistical purposes.
2. As used in this section, “family foster
home” has the meaning ascribed to it in NRS
424.013.
(Added to NRS by 1999, 1061; A 2001
Special Session, 54; 2013, 1455)
NRS 442.410 Request for and use of certain information from natural parent
of child whom court determines must be kept in temporary or permanent custody. An agency which provides child welfare
services shall inquire, during its initial contact with a natural parent of a
child whom a court has determined must be kept in temporary or permanent
custody, about consumption of alcohol or substance abuse by the mother of the
child during pregnancy. The information obtained from the inquiry must be:
1. Included in the report the agency is
required to make pursuant to NRS 432B.540;
and
2. Reported to the Division on a form
prescribed by the Division. The report must not contain any identifying
information and may be used only for statistical purposes.
(Added to NRS by 1999, 1061; A 2001
Special Session, 54)
NRS 442.415 Division: Adoption of regulations. The
Division shall adopt regulations necessary to carry out the provisions of NRS 442.400, 442.405 and 442.410.
(Added to NRS by 1999, 1061; A 2013, 3051)
NRS 442.420 Division: Development and maintenance of system for monitoring
syndrome. The Division shall
develop and maintain a system for monitoring fetal alcohol syndrome, that may
include, without limitation, a method of:
1. Identifying the geographical areas in
this state in which women are at a high risk of consuming alcohol during
pregnancy and groups of persons in this state that include such women;
2. Identifying and evaluating deficiencies
in existing systems for delivering perinatal care; and
3. Collecting and analyzing data relating
to systems for delivering perinatal care.
(Added to NRS by 1999, 1061)
NRS 442.425 Gifts, grants and contributions: Application for and acceptance
by Division; administration and use.
1. The Division may apply for and accept
gifts, grants and contributions from any public or private source to carry out
its duties pursuant to the provisions of NRS 442.385
to 442.425, inclusive.
2. The Division shall account separately
for the money received from those gifts, grants or contributions. The
Administrator of the Division shall administer the account, and all claims
against the account must be approved by the Administrator before they are paid.
3. The money in the account must be used
only to carry out the provisions of NRS 442.385 to 442.425, inclusive.
(Added to NRS by 1999, 1060; A 2003, 1361)
SCREENING OF HEARING OF NEWBORN CHILDREN
NRS 442.500 Definitions. As
used in NRS 442.500 to 442.590,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 442.510, 442.520
and 442.530 have the meanings ascribed to them in
those sections.
(Added to NRS by 2001, 2460)
NRS 442.510 “Hearing screening” defined. “Hearing
screening” means a test or battery of tests administered to determine the need
for an in-depth hearing diagnostic evaluation.
(Added to NRS by 2001, 2460)
NRS 442.520 “Hospital” defined. “Hospital”
has the meaning ascribed to it in NRS
449.012.
(Added to NRS by 2001, 2460)
NRS 442.530 “Provider of hearing screenings” defined. “Provider of hearing screenings” means a
health care provider who, within the scope of his or her license or
certificate, provides for hearing screenings of newborn children in accordance
with NRS 442.500 to 442.590,
inclusive. The term includes a licensed audiologist, a licensed physician or an
appropriately supervised person who has documentation that demonstrates to the
State Board of Health that he or she has completed training specifically for
conducting hearing screenings of newborn children.
(Added to NRS by 2001, 2460)
NRS 442.540 Certain medical facilities prohibited from discharging newborn
child born in facility until child has undergone or been referred for hearing
screening; exception; regulations.
1. Except as otherwise provided in this
section and NRS 442.560, a licensed hospital in
this state that provides services for maternity care and the care of newborn
children and a licensed obstetric center in this state shall not discharge a
newborn child who was born in the facility until the newborn child has
undergone a hearing screening for the detection of hearing loss to prevent the
consequences of unidentified disorders, or has been referred for such a hearing
screening.
2. The requirements of subsection 1 do not
apply to a hospital in which fewer than 500 childbirths occur annually.
3. The State Board of Health shall adopt such
regulations as are necessary to carry out the provisions of NRS 442.500 to 442.590,
inclusive.
(Added to NRS by 2001, 2461)
NRS 442.550 Hearing screenings: Persons authorized to conduct; certain
medical facilities to hire or enter into written agreement with provider of
hearing screenings; documentation to be placed in medical file of newborn
child; written reports.
1. A hearing screening required by NRS 442.540 must be conducted by a provider of hearing
screenings.
2. A licensed hospital and a licensed
obstetric center shall hire, contract with or enter into a written memorandum
of understanding with a provider of hearing screenings to:
(a) Conduct a program for hearing screenings on
newborn children in accordance with NRS 442.500 to 442.590, inclusive;
(b) Provide appropriate training for the staff of
the hospital or obstetric center;
(c) Render appropriate recommendations concerning
the program for hearing screenings; and
(d) Coordinate appropriate follow-up services.
3. Not later than 24 hours after a hearing
screening is conducted on a newborn child, appropriate documentation concerning
the hearing screening, including, without limitation, results, interpretations
and recommendations, must be placed in the medical file of the newborn child.
4. A licensed hospital and a licensed obstetric
center shall annually prepare and submit to the Division a written report
concerning hearing screenings of newborn children in accordance with
regulations adopted by the State Board of Health. The report must include,
without limitation, the number of newborn children screened and the results of
the screenings.
5. The Division shall annually prepare and
submit to the Governor a written report relating to hearing tests for newborn
children. The written report must include, without limitation:
(a) A summary of the results of hearing
screenings administered to newborn children and any other related information
submitted in accordance with the regulations of the State Board of Health;
(b) An analysis of the effectiveness of the
provisions of NRS 442.500 to 442.590,
inclusive, in identifying loss of hearing in newborn children; and
(c) Any related recommendations for legislation.
(Added to NRS by 2001, 2461)
NRS 442.560 Hearing screening not required if parent or legal guardian of
newborn child objects in writing; written objection to be placed in medical
file of newborn child. A newborn
child may be discharged from the licensed hospital or obstetric center in which
he or she was born without having undergone a required hearing screening or
having been referred for a hearing screening if a parent or legal guardian of
the newborn child objects in writing to the hearing screening. The hospital or
obstetric center shall place the written objection of the parent or legal
guardian to the hearing screening in the medical file of the newborn child.
(Added to NRS by 2001, 2461)
NRS 442.570 Physician to recommend diagnostic evaluation if hearing
screening indicates possibility of hearing loss. If
a hearing screening conducted pursuant to NRS 442.540
indicates that a newborn child may have a hearing loss, the physician attending
to the newborn child shall recommend to the parent or legal guardian of the
newborn child that the newborn child receive an in-depth hearing diagnostic
evaluation.
(Added to NRS by 2001, 2462)
NRS 442.580 Lead physician or audiologist: Designation; responsibilities. A licensed hospital and a licensed obstetric
center shall formally designate a lead physician or audiologist to be
responsible for:
1. The administration of the Program for
conducting hearing screenings of newborn children; and
2. Monitoring the scoring and
interpretation of the test results of the hearing screenings.
(Added to NRS by 2001, 2462)
NRS 442.590 Written brochures: Creation by Division; required contents;
distribution.
1. The Division shall create written
brochures that use terms which are easily understandable to a parent or legal
guardian of a newborn child and include, without limitation:
(a) Information concerning the importance of
screening the hearing of a newborn child; and
(b) A description of the normal development of
auditory processes, speech and language in children.
2. The Division shall provide the
brochures created pursuant to subsection 1 to each licensed hospital and each
licensed obstetric center in this state. These facilities shall provide the
brochures to the parents or legal guardians of a newborn child.
(Added to NRS by 2001, 2462)
TESTING OF PREGNANT WOMEN AND NEWBORN CHILDREN FOR HUMAN
IMMUNODEFICIENCY VIRUS
NRS 442.600 Definitions. As
used in NRS 442.600 to 442.660,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 442.610 and 442.620
have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 2366)
NRS 442.610 “Provider of health care” defined. “Provider
of health care” means:
1. A provider of health care as defined in
NRS 629.031;
2. A midwife; and
3. An obstetric center licensed pursuant
to chapter 449 of NRS.
(Added to NRS by 2007, 2367)
NRS 442.620 “Rapid test for the human immunodeficiency virus” and “rapid
test” defined. “Rapid test for the
human immunodeficiency virus” or “rapid test” means a test that:
1. Is used to detect the presence of
antibodies to the human immunodeficiency virus; and
2. Provides a result in 30 minutes or
less.
(Added to NRS by 2007, 2367)
NRS 442.630 Test used must be approved by United States Food and Drug
Administration; requirements for administration of test.
1. Any test for the human immunodeficiency
virus, including, without limitation, a rapid test, that is used to carry out
the provisions of NRS 442.600 to 442.660, inclusive, must be approved by the United
States Food and Drug Administration.
2. Each test administered to a woman or performed
on a child pursuant to the provisions of NRS 442.600
to 442.660, inclusive, must be administered or
performed in accordance with:
(a) The provisions of chapter 652 of NRS and any regulations adopted
pursuant thereto; and
(b) The Clinical Laboratory Improvement
Amendments of 1988, Public Law No. 100-578, 42 U.S.C. § 263a, if applicable.
(Added to NRS by 2007, 2367)
NRS 442.640 Requirement for testing of pregnant woman for human
immunodeficiency virus.
1. A provider of health care who provides
prenatal care to a woman during the first trimester of her pregnancy shall
ensure that the woman receives, at her first visit or as soon thereafter as
practicable, the routine prenatal screening tests recommended for all pregnant
women by the Centers for Disease Control and Prevention, including, without
limitation, a screening test for the human immunodeficiency virus, unless the
woman chooses not to have a screening test for the human immunodeficiency virus
or any of the other prenatal screening tests.
2. A provider of health care who provides
prenatal care to a woman during the third trimester of her pregnancy shall
ensure that the woman receives, between the 27th and the 36th week of gestation
or as soon thereafter as practicable, a test for the human immunodeficiency
virus if she:
(a) Has not been tested for the human immunodeficiency
virus earlier during her pregnancy or the results of an earlier test are not
available; or
(b) Is at high risk for infection with the human
immunodeficiency virus,
Ê unless the
woman chooses not to have such a test.
3. A provider of health care who attends
or assists a woman during childbirth shall:
(a) Ensure that the woman receives a rapid test
for the human immunodeficiency virus if she has not been tested for the human immunodeficiency
virus earlier during her pregnancy or the results of an earlier test are not
available, unless the woman chooses not to have such a test; and
(b) If the rapid test is administered and the
result of the rapid test is positive for the presence of antibodies to the
human immunodeficiency virus, offer to initiate antiretroviral prophylaxis to
reduce the risk of perinatal transmission of the human immunodeficiency virus
as soon as practicable after receiving the result of the rapid test and without
waiting for the results of any other test administered to confirm the result of
the rapid test.
4. For the purposes of this section, a
woman is at high risk for infection with the human immunodeficiency virus if
she:
(a) Receives health care in:
(1) A jurisdiction that the Centers for
Disease Control and Prevention has identified as having an elevated incidence
of human immunodeficiency virus or acquired immunodeficiency syndrome among
women between the ages of 15 and 45 years; or
(2) A health care facility that, under the
standards of the Centers for Disease Control and Prevention, is considered a
high-risk clinical setting because prenatal screening has identified at least
one pregnant woman who is infected with the human immunodeficiency virus for
each 1,000 pregnant women screened at the facility; or
(b) Reports having one or more of the risk
factors for infection with the human immunodeficiency virus identified by the
Centers for Disease Control and Prevention, including, without limitation:
(1) Engaging in sexual activities with
more than one person during the pregnancy without using effective measures to
protect against the transmission of the human immunodeficiency virus.
(2) Engaging in sexual activity with
another person in exchange for money or other compensation.
(3) Engaging in sexual activity with
another person who is infected with the human immunodeficiency virus or who has
one or more of the risk factors for infection with the human immunodeficiency
virus identified by the Centers for Disease Control and Prevention.
(4) Receiving treatment for a sexually
transmitted disease.
(5) Using a controlled substance or a
dangerous drug.
(6) Receiving a blood transfusion between
1978 and 1985, inclusive.
5. As used in this section, “dangerous
drug” has the meaning ascribed to it in NRS
454.201.
(Added to NRS by 2007, 2367)
NRS 442.650 Requirement for testing of newborn child for human
immunodeficiency virus. A provider
of health care who attends or assists at the delivery of a child shall, if the
mother has not been tested for the human immunodeficiency virus earlier during
her pregnancy or the results of an earlier test are not available, ensure that
a rapid test for the human immunodeficiency virus is performed on the child
unless a parent or legal guardian of the child objects to the performance of
the test because it is contrary to the religious beliefs of the parent or legal
guardian.
(Added to NRS by 2007, 2368)
NRS 442.660 Pamphlet to be provided before testing of pregnant woman or
newborn child; contents of pamphlet. A
provider of health care shall ensure that, before a woman or newborn child
receives any test that is used to carry out the provisions of NRS 442.600 to 442.660, inclusive,
the woman or the parent or legal guardian of the newborn child receives a
pamphlet of information concerning:
1. The human immunodeficiency virus and
acquired immunodeficiency syndrome;
2. The test that will be administered
pursuant to NRS 442.600 to 442.660,
inclusive, and the benefits and consequences of the test;
3. Transmission of the human
immunodeficiency virus and how to prevent its transmission;
4. If the pamphlet is for a woman being
tested pursuant to NRS 442.640, the right of a
woman to refuse a test;
5. If the pamphlet is for the parent or
legal guardian of a newborn child being tested pursuant to NRS 442.650, the right of the parent or legal guardian
to object to a test of a newborn child because it is contrary to the religious
beliefs of the parent or legal guardian; and
6. Any other information recommended by
the Department or the Centers for Disease Control and Prevention of the United
States Department of Health and Human Services that the provider of health care
determines useful.
(Added to NRS by 2007, 2368)
EXAMINATION OF INFANTS FOR CRITICAL CONGENITAL HEART
DISEASE
NRS 442.680 Examination required; confirmation of results; exception to
requirement; regulations. [Effective July 1, 2015.]
1. Except as otherwise provided in
subsection 3, any physician, midwife or nurse attending or assisting in any way
any infant at childbirth at an obstetric center or a hospital which regularly
offers obstetric services in the normal course of business and not only on an
emergency basis shall make or cause to be made an examination of the infant, to
determine whether the infant may suffer from critical congenital heart disease,
including, without limitation, conducting pulse oximetry screening. If the
physician, midwife or nurse who conducts the examination is not the attending
physician of the infant, the physician, midwife or nurse shall submit the
results of the examination to the attending physician of the infant.
2. If the examination reveals that an
infant may suffer from critical congenital heart disease, the attending
physician of the infant shall conduct an examination to confirm whether the
infant does suffer from critical congenital heart disease. If the attending
physician determines that the infant suffers from critical congenital heart
disease, the attending physician must:
(a) Report the condition to the Chief Medical
Officer or a representative of the Chief Medical Officer; and
(b) Discuss the condition with the parent,
parents or other persons responsible for the care of the infant and inform them
of the treatment necessary for the amelioration of the condition.
3. An examination of an infant is not
required pursuant to this section if either parent files a written objection
with the person responsible for conducting the examination or with the
obstetric center or hospital at which the infant is born.
4. The State Board of Health may adopt
such regulations as necessary to carry out the provisions of this section.
(Added to NRS by 2013, 2115,
effective July 1, 2015)
SCREENING FOR AMOUNT OF LEAD IN BLOOD OF CHILDREN
NRS 442.700 Department to encourage performance of tests; reports of
results.
1. The Department shall encourage each
provider of health care or other services who:
(a) Is qualified to conduct blood tests during
the course of his or her practice to perform, or cause to be performed, a test
to determine the amount of lead in the blood of each child receiving services
from the provider of health care or other services when the child:
(1) Reaches 12 and 24 months of age,
respectively; or
(2) At least once before the child reaches
6 years of age.
(b) Provides early and periodic screening,
diagnostic and treatment services to a child in accordance with 42 U.S.C. §§
1396 et seq. to conduct, or cause to be conducted, a screening for the amount
of lead in the blood of the child in accordance with the guidelines of the
Centers for Medicare and Medicaid Services of the United States Department of
Health and Human Services.
2. Any result of a blood test specified in
subsection 1 which is obtained by using a capillary specimen and which
indicates an amount of lead in the blood that is greater than 10 ug/dL must, as
soon as practicable after the result is obtained, be confirmed by a second test
using a sample of blood from a vein of the child.
3. Each qualified laboratory that conducts
a blood test for the presence of lead in a child who is under 18 years of age
shall, as soon as practicable after conducting the test, submit a report of the
results of the test to the appropriate health authority in accordance with
regulations adopted by the State Board of Health. As used in this subsection,
“health authority” has the meaning ascribed to it in NRS 441A.050.
(Added to NRS by 2009, 457)
CHILDREN WITH AUTISM SPECTRUM DISORDERS
NRS 442.740 “Early intervention services” defined. [Replaced
in revision by NRS 427A.871.]
NRS 442.750 Health Division required to ensure that personnel who provide
early intervention services possess necessary knowledge and skills; early
intervention screenings, protocols and evaluations. [Replaced
in revision by NRS 427A.878.]
NRS 442.760 Division to prepare annual report; review of information and
data concerning outcomes of specific programs and treatments. Repealed. (See chapter 489, Statutes of Nevada
2013, at page 3071.)
NRS 442.770 Referral to Autism Treatment Assistance Program. [Replaced in revision by NRS 427A.880.]