[Rev. 2/11/2015 11:48:02
AM--2014R2]
CHAPTER 652 - MEDICAL LABORATORIES
GENERAL PROVISIONS
NRS 652.010 Short
title.
NRS 652.020 Definitions.
NRS 652.030 “Board”
defined.
NRS 652.035 “Division”
defined.
NRS 652.040 “Laboratory”
defined.
NRS 652.050 “Laboratory
director” defined.
NRS 652.060 “Medical
laboratory” defined.
NRS 652.070 Legislative
declaration.
LICENSES
NRS 652.080 License
required; term; renewal; inactive status; licensure of laboratory located
outside state.
NRS 652.090 Application:
Contents; regulations governing proof of identity.
NRS 652.092 Division
prohibited from issuing or renewing license without proof of compliance with
certain guidelines with respect to safe and appropriate injection practices.
NRS 652.095 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 652.095 Payment
of child support: Submission of certain information by applicant; grounds for
denial of license or certificate; duty of Board. [Effective on the date of the
repeal of 42 U.S.C. § 666, the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child support
proceedings and expires by limitation 2 years after that date.]
NRS 652.100 Fees;
deposit in appropriate account; claims for expenses.
NRS 652.110 Validity
and display of licenses.
POWERS AND DUTIES OF DIVISION OF PUBLIC AND BEHAVIORAL HEALTH
OF DEPARTMENT OF HEALTH AND HUMAN SERVICES AND STATE BOARD OF HEALTH
NRS 652.120 Enforcement
of chapter.
NRS 652.123 Limitations
on stringency of regulations adopted by Board.
NRS 652.125 Regulations
for certification and licensure of laboratory directors and personnel;
continuing education.
NRS 652.127 Board
to adopt regulations establishing requirements to qualify for certification as
assistant in medical laboratory; regulations.
NRS 652.130 Regulations:
Advice of Medical Laboratory Advisory Committee; subjects.
NRS 652.135 Regulations:
Length of time records must be retained.
NRS 652.140 Inspections;
proficiency tests; reports.
NRS 652.150 List
of laboratories meeting minimum standards and qualifications.
NRS 652.155 Licensing
of certain persons and laboratories without examination.
MEDICAL LABORATORY ADVISORY COMMITTEE
NRS 652.160 Creation;
duties.
NRS 652.170 Appointment,
terms and qualifications of members; compensation of members and employees.
REGULATION OF LABORATORIES AND LABORATORY DIRECTORS
NRS 652.180 Duties
of laboratory director.
NRS 652.185 Requirements
for conduct of certain laboratory tests for detection of human immunodeficiency
virus.
NRS 652.190 Examination,
review and referral of specimens; reporting of results; recommendation for
review of results by physician.
NRS 652.193 Release
of results of tests regarding patient of rural hospital.
NRS 652.195 Cytologic
examination of gynecologic specimens: Direct billing required; unlawful
practices; exceptions.
NRS 652.200 Limitation
on contents of laboratory’s report.
NRS 652.210 Manipulation
for collection of specimens; authorized practices of technical personnel.
NRS 652.215 Licensed
professional nurses: Performance of specific procedures under supervision of
Chief Medical Officer; regulations governing performance of procedures.
NRS 652.217 Conditions
under which licensed nurse or licensed or certified laboratory personnel may
perform certain laboratory tests.
DISCIPLINARY PROCEEDINGS
NRS 652.220 Grounds
for denial, suspension or revocation of license.
NRS 652.223 Suspension
of license or certificate for failure to pay child support or comply with
certain subpoenas or warrants; reinstatement of license or certificate.
[Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
NRS 652.225 Hearing
after receipt of report of certain violations; regulations.
NRS 652.228 Certain
records relating to investigation deemed confidential; certain records relating
to disciplinary action and orders imposing discipline deemed public records.
APPLICABILITY OF CHAPTER
NRS 652.230 Applicability
to public and private laboratories; exceptions.
NRS 652.235 Applicability
to laboratory operated by licensed physician solely in connection with
diagnosis or treatment of own patients; requirements.
NRS 652.240 Licensing
of laboratories in operation on January 1, 1967; persons operating or employed
in laboratories on January 1, 1967.
NRS 652.245 Exemption
of tests and examinations conducted by law enforcement agencies or ordered by
court.
UNLAWFUL ACTS; PENALTIES
NRS 652.250 Public
nuisance; injunctions.
NRS 652.260 Penalties.
_________
GENERAL PROVISIONS
NRS 652.010 Short title. This
chapter may be cited as the Medical Laboratory Certification and Improvement
Law.
(Added to NRS by 1967, 926)
NRS 652.020 Definitions. As
used in this chapter, unless the context otherwise requires, the words and
terms defined in NRS 652.030 to 652.060, inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1967, 926; A 1991, 650)
NRS 652.030 “Board” defined. “Board”
means the State Board of Health.
(Added to NRS by 1967, 926)
NRS 652.035 “Division” defined. “Division”
means the Division of Public and Behavioral Health of the Department of Health
and Human Services.
(Added to NRS by 1995, 1590; A 2013, 3070)
NRS 652.040 “Laboratory” defined. “Laboratory”
means any medical laboratory.
(Added to NRS by 1967, 926)
NRS 652.050 “Laboratory director” defined. “Laboratory
director” means a person responsible for the administration of the technical
and scientific operation of a medical laboratory.
(Added to NRS by 1967, 926; A 1973, 660)
NRS 652.060 “Medical laboratory” defined. “Medical
laboratory” means any facility for microbiological, serological,
immunohematological (blood banking), cytological, histological, chemical,
hematological, biophysical, toxicological, or other methods of examination of
tissues, secretions or excretions of the human body. The term does not include
a forensic laboratory operated by a law enforcement agency.
(Added to NRS by 1967, 926; A 1983, 599; 1993, 499)
NRS 652.070 Legislative declaration. The
Legislature declares that:
1. The proper operation of medical
laboratories within the State is a matter of vital concern affecting the public
health, safety and welfare.
2. The purpose of this chapter is to
promote public health, safety and welfare by developing, establishing and
enforcing:
(a) Minimum standards for the licensing of
medical laboratories;
(b) Minimum qualifications for laboratory
directors and the certification of laboratory personnel;
(c) Performance standards for laboratories; and
(d) Requirements for the retention of the health
care and other regularly maintained records of laboratories.
(Added to NRS by 1967, 926; A 1997, 1123)
LICENSES
NRS 652.080 License required; term; renewal; inactive status; licensure of
laboratory located outside state.
1. Except as otherwise provided in NRS 652.217 and 652.235,
no person may operate, conduct, issue a report from or maintain a medical
laboratory without first obtaining a license to do so issued by the Division
pursuant to the provisions of this chapter.
2. A license issued pursuant to the
provisions of subsection 1 is valid for 24 months and is renewable biennially
on or before the date of its expiration.
3. No license may be issued to a
laboratory which does not have a laboratory director.
4. A license may be placed in an inactive
status upon the approval of the Division and the payment of current fees.
5. The Division may require a laboratory
that is located outside of this state to be licensed in accordance with the
provisions of this chapter before the laboratory may examine any specimens
collected within this state if the Division determines that the licensure is
necessary to protect the public health, safety and welfare of the residents of
this state.
(Added to NRS by 1967, 926; A 1973, 660; 1975, 1162; 1995, 794, 1590; 1997, 1124)
NRS 652.090 Application: Contents; regulations governing proof of identity.
1. An application for a license must be on
a form prescribed by the Division and must contain the following information:
(a) The name and location of the laboratory;
(b) The name and proof of identity of the
laboratory director;
(c) The name of the owner or owners of the
laboratory or, if a corporation, the names of the officers, directors and
beneficial owners of 10 percent or more of its shares;
(d) A description of the program and services
provided by the laboratory; and
(e) Such other information as the Division may
deem necessary or expedient to carry out its powers and duties under this
chapter.
2. The Board shall adopt regulations to
carry out the provisions of subsection 1, including, without limitation,
regulations setting forth the acceptable forms of proof of identity that a
laboratory director must include in an application pursuant to paragraph (b) of
subsection 1.
(Added to NRS by 1967, 927; A 1995, 1590; 2013, 102)
NRS 652.092 Division prohibited from issuing or renewing license without
proof of compliance with certain guidelines with respect to safe and
appropriate injection practices. The
Division shall not issue or renew a license to a medical laboratory whose licensed
personnel have job duties that include the administration of injections unless
the applicant for issuance or renewal of the license attests that the
laboratory director and laboratory personnel whose job duties include the
administration of injections have knowledge of and are in compliance with the
guidelines of the Centers for Disease Control and Prevention concerning the
prevention of transmission of infectious agents through safe and appropriate
injection practices.
(Added to NRS by 2011, 2055)
NRS 652.095 Payment of child support: Submission of certain information by
applicant; grounds for denial of license or certificate; duty of Board.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. In addition to any other requirements
set forth in this chapter:
(a) An applicant for the issuance of a license or
certificate issued pursuant to NRS 652.125 shall
include the social security number of the applicant in the application
submitted to the Board.
(b) An applicant for the issuance or renewal of a
license or certificate issued pursuant to NRS 652.125
shall submit to the Board the statement prescribed by the Division of Welfare
and Supportive Services of the Department of Health and Human Services pursuant
to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be
issued or renewed by the Board pursuant to NRS 652.125
if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2180; A 2005, 2796, 2807)
NRS 652.095 Payment of child support:
Submission of certain information by applicant; grounds for denial of license
or certificate; duty of Board. [Effective on the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings and
expires by limitation 2 years after that date.]
1. In addition to any other requirements
set forth in this chapter, an applicant for the issuance or renewal of a
license or certificate issued pursuant to NRS 652.125
shall submit to the Board the statement prescribed by the Division of Welfare
and Supportive Services of the Department of Health and Human Services pursuant
to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Board shall include the statement
required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance or renewal of the license or certificate; or
(b) A separate form prescribed by the Board.
3. A license or certificate may not be
issued or renewed by the Board pursuant to NRS 652.125
if the applicant:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the Board
shall advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant may take
to satisfy the arrearage.
(Added to NRS by 1997, 2180; A 2005, 2796, 2797, 2807,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 652.100 Fees; deposit in appropriate account; claims for expenses.
1. All applications for a license or
renewal thereof must be accompanied by a reasonable fee in an amount prescribed
by the Board. All fees must be paid to the Division and must be deposited with
the State Treasurer for credit to the appropriate account of the State Board of
Health.
2. Claims for per diem and travel expenses
and for other expenses of administration of this chapter must be paid as other
claims against the State are paid.
(Added to NRS by 1967, 927; A 1975, 1163; 1983, 405; 1985, 446; 1995, 1590)
NRS 652.110 Validity and display of licenses.
1. A license issued pursuant to the
provisions of this chapter is valid only for the laboratory premises for which
it is issued and shall be prominently displayed in such laboratory.
2. Any such license shall become void 30
days after a change of laboratory directors or in the ownership or location of
the laboratory.
(Added to NRS by 1967, 927)
POWERS AND DUTIES OF DIVISION OF PUBLIC AND BEHAVIORAL
HEALTH OF DEPARTMENT OF HEALTH AND HUMAN SERVICES AND STATE BOARD OF HEALTH
NRS 652.120 Enforcement of chapter. The
Division shall enforce the provisions of this chapter.
(Added to NRS by 1967, 927; A 1995, 1590)
NRS 652.123 Limitations on stringency of regulations adopted by Board. Regulations adopted by the Board pursuant to
this chapter may not be more stringent than the provisions of Part 493 of Title
42 of the Code of Federal Regulations, except that the Board may adopt
regulations which are more stringent relating to:
1. Any laboratory test, other than a test
for the detection of the human immunodeficiency virus, classified as a waived
test pursuant to the provisions of Part 493 of Title 42 of the Code of Federal
Regulations;
2. The qualifications and duties of the
personnel of a medical laboratory; and
3. The administrative penalties that may
be imposed for violating any of the provisions of this chapter or regulations
adopted pursuant thereto.
(Added to NRS by 1997, 1123; A 2009, 308; 2013, 103)
NRS 652.125 Regulations for certification and licensure of laboratory
directors and personnel; continuing education.
1. The Board shall adopt regulations for
the certification and licensure of laboratory directors and laboratory
personnel who perform technical duties other than the collection of blood.
2. The Division shall, as a prerequisite
for the renewal of a certificate or license, require the laboratory director
and any laboratory personnel certified by the Division pursuant to this chapter
to comply with the requirements for continuing education adopted by the Board.
(Added to NRS by 1985, 549; A 1995, 1590)
NRS 652.127 Board to adopt regulations establishing requirements to qualify
for certification as assistant in medical laboratory; regulations.
1. To qualify for certification as an
assistant in a medical laboratory, a person must meet the qualifications established
by the Board by regulation.
2. The Board shall adopt such regulations
as necessary to carry out the provisions of this section.
(Added to NRS by 1999, 172; A 2013, 103, 3294)
NRS 652.130 Regulations: Advice of Medical Laboratory Advisory Committee;
subjects. Except as otherwise
provided in NRS 652.127, the Board, with the advice
of the Medical Laboratory Advisory Committee, may prescribe and publish rules
and regulations relating to:
1. The education, training and experience
qualifications of laboratory directors and technical personnel.
2. The location and construction of
laboratories, including plumbing, heating, lighting, ventilation, electrical
services and similar conditions, to ensure the conduct and operation of the
laboratory in a manner which will protect the public health.
3. Sanitary conditions within the
laboratory and its surroundings, including the water supply, sewage, the
handling of specimens and matters of general hygiene, to ensure the protection
of the public health.
4. The equipment essential to the proper
conduct and operation of a laboratory.
5. The determination of the accuracy of test
results produced by a laboratory and the establishment of minimum
qualifications therefor.
(Added to NRS by 1967, 927; A 1999, 173)
NRS 652.135 Regulations: Length of time records must be retained. The Board shall adopt regulations establishing
the length of time that the health care and other regularly maintained records
of a medical laboratory must be retained. The regulations must be consistent
with the provisions of Part 493 of Title 42 of the Code of Federal Regulations.
(Added to NRS by 1997, 1123)
NRS 652.140 Inspections; proficiency tests; reports. The Division may:
1. Inspect the premises and operations of
laboratories;
2. Conduct proficiency tests to determine
the accuracy of the test results of laboratories;
3. Require laboratories to submit reports
to determine compliance with the provisions of this chapter; and
4. Require that the reports submitted by a
laboratory be:
(a) Made under oath;
(b) Signed by the laboratory director; or
(c) Made under oath and signed by the laboratory
director.
(Added to NRS by 1967, 927; A 1995, 1591)
NRS 652.150 List of laboratories meeting minimum standards and qualifications. The Division shall maintain a registration
list of all laboratories meeting the minimum standards and qualifications of
this chapter.
(Added to NRS by 1967, 927; A 1995, 1591)
NRS 652.155 Licensing of certain persons and laboratories without
examination. Notwithstanding the
provisions of NRS 652.130 and 652.150, and without requiring any examination or any
other qualification than is provided in this section, the Division shall, upon
application and the payment of any appropriate fee before January 1, 1972:
1. Issue a director’s license to any
person who operated a laboratory in this state for at least 3 years immediately
preceding January 1, 1967;
2. Issue a medical laboratory
technologist’s certificate to any person who was a medical laboratory
technologist in this state for at least 1 year immediately preceding January 1,
1967;
3. Issue a license to, and include in the
registration list of laboratories meeting the minimum standards and
qualifications of this chapter, any laboratory which was in operation in this
state on January 1, 1967, which has a director meeting the qualifications
provided in subsection 1; and
4. Keep on inactive status any licensee
under this section who notifies the Division that he or she desires such a
status and pays the current fees.
(Added to NRS by 1971, 1315; A 1975, 1163; 1995, 1591)
MEDICAL LABORATORY ADVISORY COMMITTEE
NRS 652.160 Creation; duties. A
Medical Laboratory Advisory Committee to advise the Board on matters of policy
concerning medical laboratories, qualifications of laboratory directors and
personnel and other matters pursuant to the provisions of this chapter is
hereby created.
(Added to NRS by 1967, 928)
NRS 652.170 Appointment, terms and qualifications of members; compensation
of members and employees.
1. The Board shall appoint the members of
the Medical Laboratory Advisory Committee.
2. After the initial terms, members shall
serve for 3-year terms.
3. A member may not serve for more than
two consecutive terms. Service of 2 or more years in filling an unexpired term
constitutes a term.
4. The Advisory Committee is composed of:
(a) Two pathologists, certified in clinical
pathology by the American Board of Pathology.
(b) Two medical technologists.
(c) One bioanalyst who is a laboratory director.
(d) One qualified biochemist from the Nevada
System of Higher Education.
(e) One licensed physician actively engaged in
the practice of clinical medicine in this State.
5. No member of the Advisory Committee may
have any financial or business arrangement with any other member which pertains
to the business of laboratory analysis.
6. The Chief Medical Officer or a designated
representative of the Chief Medical Officer is an ex officio member of the
Advisory Committee.
7. Each member of the Advisory Committee
is entitled to receive:
(a) A salary of not more than $60, as fixed by
the Board, for each day’s attendance at a meeting of the Committee; and
(b) A per diem allowance and travel expenses at a
rate fixed by the Board, while engaged in the business of the Committee. The
rate must not exceed the rate provided for state officers and employees
generally.
8. While engaged in the business of the
Committee, each employee of the Committee is entitled to receive a per diem
allowance and travel expenses at a rate fixed by the Board. The rate must not
exceed the rate provided for state officers and employees generally.
(Added to NRS by 1967, 928; A 1973, 269; 1977, 1260; 1981, 1996; 1985, 446; 1989, 1706; 1993, 421)
REGULATION OF LABORATORIES AND LABORATORY DIRECTORS
NRS 652.180 Duties of laboratory director. A
laboratory director shall:
1. Select and supervise all laboratory
procedures;
2. Report the findings or results of
laboratory tests;
3. Actively participate in the operation
of the laboratory to the extent necessary to assure compliance with the
provisions of this chapter;
4. Be responsible for the proper
performance of all work in the laboratory and of all subordinates; and
5. Retain the health care and other
regularly maintained records of the laboratory in accordance with regulations
adopted by the Board pursuant to NRS 652.135.
(Added to NRS by 1967, 927; A 1997, 1124)
NRS 652.185 Requirements for conduct of certain laboratory tests for
detection of human immunodeficiency virus. A
laboratory which conducts a laboratory test for the detection of the human
immunodeficiency virus that is classified as a waived test pursuant to the
provisions of Part 493 of Title 42 of the Code of Federal Regulations shall:
1. Conduct the test in accordance with the
quality assurance guidelines relating to testing using rapid human
immunodeficiency virus antibody tests established by the Centers for Disease
Control and Prevention of the United States Department of Health and Human
Services; and
2. Comply with the provisions of NRS 441A.150 and any regulations adopted
pursuant to chapter 441A of NRS relating to
the reporting of communicable diseases.
(Added to NRS by 2009, 308)
NRS 652.190 Examination, review and referral of specimens; reporting of
results; recommendation for review of results by physician.
1. A laboratory may examine specimens only
at the request of:
(a) A licensed physician;
(b) Any other person authorized by law to use the
findings of laboratory tests and examinations; or
(c) If the examination can be made with a testing
device or kit which is approved by the Food and Drug Administration for use in
the home and which is available to the public without a prescription, any
person.
2. Except as otherwise provided in NRS 441A.150, 442.325 and 652.193,
the laboratory may report the results of the examination only to:
(a) The person requesting the test or procedure;
(b) A provider of health care who is treating or
providing assistance in the treatment of the patient;
(c) A provider of health care to whom the patient
has been referred; and
(d) The patient for whom the testing or procedure
was performed.
3. The laboratory report must contain the
name of the laboratory. If a specimen is accepted by a laboratory and is
referred to another laboratory, the name and address of the other laboratory
must be clearly shown by the referring laboratory on the report to the person
requesting the test or procedure.
4. Whenever an examination is made
pursuant to paragraph (c) of subsection 1, the laboratory report must contain a
provision which recommends that the results of the examination be reviewed and
interpreted by a physician or other licensed provider of health care.
(Added to NRS by 1967, 928; A 1989, 59; 1993, 499; 1995, 1602; 1997, 1124; 1999, 3516; 2003, 1333)
NRS 652.193 Release of results of tests regarding patient of rural hospital.
1. Except as otherwise provided in NRS 442.325, a licensed laboratory may
release the results of tests performed at the laboratory regarding a patient of
a rural hospital only to:
(a) The patient;
(b) The physician who ordered the tests; and
(c) A provider of health care who is currently
treating or providing assistance in the treatment of the patient.
2. As used in this section:
(a) “Provider of health care” has the meaning
ascribed to it in NRS 629.031.
(b) “Rural hospital” has the meaning ascribed to
it in NRS 449.0177.
(Added to NRS by 1995, 1602; A 1999, 3516)
NRS 652.195 Cytologic examination of gynecologic specimens: Direct billing
required; unlawful practices; exceptions.
1. A laboratory which performs a cytologic
examination of gynecologic specimens for a patient residing in this State shall
submit any bill for those services to:
(a) The patient directly;
(b) The responsible insurer or other third-party
payor; or
(c) The hospital, public health clinic or
nonprofit health clinic.
Ê Except as
otherwise provided in subsection 3, the laboratory shall not submit the bill
for those services to the physician who directed the examination.
2. Except as otherwise provided in
subsection 3, it is unlawful for a physician to charge, bill or otherwise
solicit payment from a person for cytologic services relating to the
examination of gynecologic specimens.
3. The provisions of this section do not
apply to cytologic services:
(a) Rendered by the physician himself or herself
or in a laboratory operated solely in connection with the diagnosis or
treatment of the physician’s own patients; or
(b) Provided to an enrollee pursuant to a health
care plan authorized pursuant to chapter 695C
of NRS.
(Added to NRS by 1991, 650)
NRS 652.200 Limitation on contents of laboratory’s report. No interpretation of test results, diagnosis,
prognosis or suggested treatment may appear on the laboratory report form,
unless the report is made by a physician licensed to practice in this state.
(Added to NRS by 1967, 928)
NRS 652.210 Manipulation for collection of specimens; authorized practices
of technical personnel.
1. Except as otherwise provided in
subsection 2 and NRS 126.121, no person
other than a licensed physician, a licensed optometrist, a licensed practical
nurse, a registered nurse, a perfusionist, a physician assistant licensed
pursuant to chapter 630 or 633 of NRS, a certified advanced emergency
medical technician, a certified paramedic, a practitioner of respiratory care
licensed pursuant to chapter 630 of NRS or a
licensed dentist may manipulate a person for the collection of specimens. The
persons described in this subsection may perform any laboratory test which is
classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of
the Code of Federal Regulations without obtaining certification as an assistant
in a medical laboratory pursuant to NRS 652.127.
2. The technical personnel of a laboratory
may collect blood, remove stomach contents, perform certain diagnostic skin
tests or field blood tests or collect material for smears and cultures.
(Added to NRS by 1967, 928; A 1991, 375; 1993, 2842; 1997, 689; 1999, 1916; 2001, 776; 2005, 2517; 2007, 1530, 1847; 2009, 2990;
2013, 103,
968)
NRS 652.215 Licensed professional nurses: Performance of specific procedures
under supervision of Chief Medical Officer; regulations governing performance
of procedures. A licensed
professional nurse who is employed by the Division to work in the field of
community health may perform specific laboratory procedures prescribed by the
Board under the supervision of the Chief Medical Officer. The Board shall adopt
regulations governing the performance of these procedures.
(Added to NRS by 1983, 279; A 1995, 1591)
NRS 652.217 Conditions under which licensed nurse or licensed or certified
laboratory personnel may perform certain laboratory tests.
1. A licensed nurse who is employed by a
medical facility which is licensed pursuant to chapter
449 of NRS may perform any laboratory test which is classified as a waived
test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal
Regulations if the laboratory director or a person designated by the laboratory
director:
(a) Verifies that the nurse is competent to
perform the test;
(b) Ensures that the test is performed in
accordance with any manufacturer’s instructions; and
(c) Validates and verifies the manner in which
the test is performed through the use of controls which ensure accurate and
reliable results of the test.
2. A licensed nurse described in
subsection 1 may perform any laboratory test which is classified a waived test
pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal
Regulations without obtaining certification as an assistant in a medical
laboratory pursuant to NRS 652.127.
3. Licensed or certified personnel of a
laboratory licensed pursuant to this chapter may perform any laboratory test
which is classified as a waived test pursuant to Subpart A of Part 493 of Title
42 of the Code of Federal Regulations on the premises of an outpatient center
of the laboratory or at a patient’s residence if the laboratory director or a
person designated by the laboratory director:
(a) Verifies that the person is competent to
perform the test;
(b) Ensures that the test is performed in
accordance with any manufacturer’s instructions;
(c) Validates and verifies the manner in which
the test is performed through the use of controls which ensure accurate and
reliable results of the test; and
(d) Ensures compliance with any requirements for
safety adopted by the Board.
(Added to NRS by 1995, 794; A 1997, 1125; 1999, 173; 2013, 103)
DISCIPLINARY PROCEEDINGS
NRS 652.220 Grounds for denial, suspension or revocation of license. A license may be denied, suspended or revoked
if the laboratory, laboratory director or any technical employee of the
laboratory:
1. Violates any provision of this chapter;
2. Makes any misrepresentation in
obtaining a license;
3. Has been convicted of a felony relating
to the position for which the applicant has applied or the licensee has been
licensed pursuant to this chapter;
4. Has been convicted of violating any of
the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;
5. Is guilty of unprofessional conduct;
6. Knowingly permits the use of the name
of a licensed laboratory or its director by an unlicensed laboratory; or
7. Fails to meet the minimum standards
prescribed by the Board.
(Added to NRS by 1967, 928; A 1993, 796; 2003, 2731; 2011, 860)
NRS 652.223 Suspension of license or certificate for failure to pay child
support or comply with certain subpoenas or warrants; reinstatement of license
or certificate. [Effective until 2 years after the date of the repeal of 42
U.S.C. § 666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. If the Board receives a copy of a court
order issued pursuant to NRS 425.540
that provides for the suspension of all professional, occupational and
recreational licenses, certificates and permits issued to a person who is the
holder of a license or certificate issued pursuant to NRS
652.125, the Board shall deem the license or certificate issued to that
person to be suspended at the end of the 30th day after the date on which the
court order was issued unless the Board receives a letter issued to the holder
of the license or certificate by the district attorney or other public agency
pursuant to NRS 425.550 stating that
the holder of the license or certificate has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Board shall reinstate a license or
certificate issued pursuant to NRS 652.125 that has
been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter
issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or
certificate was suspended stating that the person whose license or certificate
was suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2180; A 2005, 2807)
NRS 652.225 Hearing after receipt of report of certain violations;
regulations. If the Board receives
a report pursuant to subsection 5 of NRS
228.420, a hearing must be held pursuant to regulations adopted by the
Board to consider the contents of the report. The Board shall adopt such
regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1993, 796; A 1995, 1591)
NRS 652.228 Certain records relating to investigation deemed confidential;
certain records relating to disciplinary action and orders imposing discipline
deemed public records.
1. Except as otherwise provided in this
section and NRS 239.0115, a complaint
filed with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of an
investigation conducted to determine whether to initiate disciplinary action
are confidential.
2. The complaint or other document filed
by the Board to initiate disciplinary action and all documents and information
considered by the Board when determining whether to impose discipline are public
records.
3. An order that imposes discipline and
the findings of fact and conclusions of law supporting that order are public
records.
(Added to NRS by 2003, 3476; A 2007, 2149)
APPLICABILITY OF CHAPTER
NRS 652.230 Applicability to public and private laboratories; exceptions. The provisions of this chapter apply to all
public and private medical laboratories except:
1. A laboratory of any college, university
or school which is conducted for the training of its students, actively engaged
in research and approved by the State Department of Education.
2. Laboratories operated by the Federal
Government.
3. Laboratories operated by the State
Department of Agriculture.
(Added to NRS by 1967, 926; A 1967, 1206; 1973, 660; 1993, 1894; 1999, 3740)
NRS 652.235 Applicability to laboratory operated by licensed physician
solely in connection with diagnosis or treatment of own patients; requirements.
1. A licensed physician may operate a
medical laboratory solely in connection with the diagnosis or treatment of the
physician’s own patients if the medical laboratory complies with the provisions
of this section.
2. Each such medical laboratory shall:
(a) Register with the Division.
(b) Comply with the rules and regulations adopted
by the Board pursuant to NRS 652.130.
(c) Submit to the inspections and tests provided
for in subsections 1 and 2 of NRS 652.140.
(Added to NRS by 1973, 661, 1406; A 1989, 1115; 1993, 2598; 1995, 1592)
NRS 652.240 Licensing of laboratories in operation on January 1, 1967;
persons operating or employed in laboratories on January 1, 1967.
1. A laboratory which was in operation in
this state on January 1, 1967, is not required to be licensed pursuant to this
chapter before January 1, 1972, but may apply for a license before that date.
Unless such a laboratory is so licensed, the Division shall not include it in
the registration list of laboratories meeting the minimum standards and
qualifications of this chapter.
2. A person who was operating a laboratory
in this state on January 1, 1967, may continue to do so or may be employed in a
laboratory before, on or after July 1, 1972, without qualifying as a laboratory
director or pursuant to any rules pertaining to technical personnel. A person
who was employed in a laboratory in this state on January 1, 1967, may be
employed in a laboratory before, on or after January 1, 1972, without
qualifying pursuant to any rules pertaining to technical personnel.
(Added to NRS by 1967, 929; A 1995, 1592; 1997, 1622)
NRS 652.245 Exemption of tests and examinations conducted by law enforcement
agencies or ordered by court. The
provisions of this chapter do not apply to any test or examination:
1. Conducted by a law enforcement officer
or agency; or
2. Required by a court as a part of or in
addition to a program of treatment and rehabilitation pursuant to NRS 453.580.
(Added to NRS by 1993, 499; A 2007, 49)
UNLAWFUL ACTS; PENALTIES
NRS 652.250 Public nuisance; injunctions. The
operation or maintenance of a laboratory in violation of this chapter is
declared to be a public nuisance, and the Board may, in addition to other
remedies, initiate an action to enjoin such violations or to enjoin the future
operation of the laboratory until compliance with the provisions of this
chapter is obtained.
(Added to NRS by 1967, 929)
NRS 652.260 Penalties.
1. If a person or laboratory violates any
of the provisions of this chapter or the regulations adopted pursuant thereto,
the Division may, after giving notice and opportunity to be heard:
(a) Impose an administrative penalty of not more
than $10,000; and
(b) Require the person or laboratory to take any
action necessary to correct the violation.
2. Each act in violation of this chapter
or the regulations adopted pursuant thereto constitutes a separate offense.
3. In determining the amount of an
administrative penalty to be imposed pursuant to this section, the Division
shall consider:
(a) The severity of the violation, including,
without limitation:
(1) The probability that death or serious
harm to the health or safety of a person may occur as a result of the
violation;
(2) The severity of the potential or
actual harm that may occur to any person as a result of the violation; and
(3) The extent to which the provisions of
this chapter or the regulations adopted pursuant thereto were violated;
(b) Whether the person or laboratory has previously
violated the provisions of this chapter or the regulations adopted pursuant
thereto; and
(c) Any other facts or circumstances that the
Division determines are relevant.
4. If the person or laboratory fails to
pay the administrative penalty imposed pursuant to this section after the time
for an appeal has expired, the Division may:
(a) Suspend the license of the person or
laboratory;
(b) Impose interest on the unpaid administrative
penalty at a rate of 10 percent from the date on which the time for an appeal
expired until the date the administrative penalty is paid; and
(c) Collect court costs, reasonable attorney’s
fees, the costs of an investigation and other costs incurred to collect the
administrative penalty.
5. Except as otherwise provided in this
section, all money collected from administrative penalties imposed pursuant to
this section must be deposited in the State General Fund.
6. The money collected from such
administrative penalties may be accounted for separately and used by the Division
to administer and carry out the provisions of this chapter and to protect the
health, safety and well-being of patients in accordance with applicable state
and federal standards if:
(a) The person or laboratory pays the
administrative penalty without exercising the right to a hearing to contest the
penalty; or
(b) The administrative penalty is imposed in a
hearing conducted by a hearing officer or panel appointed by the Division.
7. The Division may appoint one or more
hearing officers or panels and may delegate to those hearing officers or panels
the power of the Division to conduct hearings, determine violations and impose
the administrative penalties authorized by this section.
8. If money collected from an
administrative penalty is deposited in the State General Fund, the Division may
present a claim to the State Board of Examiners for recommendation to the
Interim Finance Committee if money is needed to pay court costs, attorney’s
fees, the costs of an investigation or other costs incurred to collect the
administrative penalty.
9. The Board may adopt regulations to
carry out the provisions of this section.
(Added to NRS by 1967, 929; A 1979, 1491; 2013, 104)