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Nrs: Chapter 652 - Medical Laboratories


Published: 2015

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[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)