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Nrs: Chapter 442 - Maternal And Child Health; Abortion


Published: 2015

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[Rev. 2/10/2015 5:29:58

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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.]