NRS: CHAPTER 439 - ADMINISTRATION OF PUBLIC HEALTH

[Rev. 1/17/2009 6:14:58 PM]

TITLE 40 - PUBLIC HEALTH AND SAFETY

CHAPTER 439 - ADMINISTRATION OF PUBLIC HEALTH

GENERAL PROVISIONS

NRS 439.005 Definitions.

HEALTH DIVISION OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration

NRS 439.010 Administration of chapter.

NRS 439.015 Acceptance and disbursement of federal appropriations; deposit to State Health Division Federal Account.

NRS 439.030 State Board of Health: Creation; members; qualifications.

NRS 439.040 State Board of Health: Term of office.

NRS 439.060 State Board of Health: Meetings; quorum.

NRS 439.070 State Board of Health: Secretary; Executive Officer.

NRS 439.080 State Board of Health: Compensation of members and employees.

NRS 439.090 State Health Officer and Administrator: Qualifications.

NRS 439.100 State Health Officer: Appointment; vacancy; unclassified service.

NRS 439.110 State Health Officer: Devotion of time to official duties; cooperation with Nevada System of Higher Education.

NRS 439.130 State Health Officer and Administrator: Duties.

NRS 439.135 Appointment of Commissioner of Food and Drugs and other agents by Administrator.

NRS 439.140 Appointment or removal of subordinate officer or employee of Health Division.

Powers and Duties

NRS 439.150 State Board of Health supreme in matters concerning health; Department designated agency for federal cooperation; fees.

NRS 439.160 Uniform compliance with provisions of chapter.

NRS 439.170 Prevention of sickness and disease; legal action for enforcement of laws and regulations.

NRS 439.180 Biennial report to Director by Administrator.

NRS 439.190 Hearings and witnesses.

NRS 439.200 Regulations of State Board of Health: Adoption; effect; variances; distribution.

NRS 439.230 Personal and statistical information to be secured from patient admitted or committed to public or private institution.

NRS 439.240 State Hygienic Laboratory.

NRS 439.255 Masks and face shields for use in cardiopulmonary resuscitation: Regulations; provision to peace officers and firefighters; waiver of requirements; civil immunity for use.

NRS 439.265 Immunization Information System: Establishment and administration; duty to report information concerning immunization administered to child; contents and form of report; parent or guardian to be provided information concerning System; parent or guardian may decline inclusion of information in System; disclosure of information; regulations.

NRS 439.270 Persons diagnosed with epilepsy: State Board of Health to define “epilepsy” for purposes of section; reports required to be submitted to Health Division and to Department of Motor Vehicles; confidentiality of reports; criminal penalty.

DENTAL HEALTH

NRS 439.272 State Dental Health Officer: Appointment by Health Division; classification; qualifications; duties; outside pursuits; solicitation and acceptance of gifts and grants.

NRS 439.279 State Public Health Dental Hygienist: Appointment by Health Division; classification; qualifications; duties; outside pursuits; solicitation and acceptance of gifts and grants.

LOCAL ADMINISTRATION

County Board of Health and County Health Officer

NRS 439.280 County board of health: Composition; officers; compensation.

NRS 439.290 County health officer: Appointment; qualifications; term.

NRS 439.300 County health officer: Compensation.

NRS 439.310 County health officer: Vacancy; appointment by State Health Officer.

NRS 439.320 County health officer: Executive officer of county board of health; may be county physician.

NRS 439.330 Deputy county health officer: Appointment; compensation; duties.

NRS 439.340 County board of health: Supervision by Health Division; reports.

NRS 439.350 County board of health: Duties.

NRS 439.360 County board of health: Powers.

District Board of Health and District Health Officer in Counties Whose Population is 400,000 or More

NRS 439.361 Applicability.

NRS 439.362 Health district: Creation; composition; appointment and terms of members; duty to maintain records; county, city and town boards of health abolished.

NRS 439.363 Health district fund: Creation.

NRS 439.364 District board of health: Meetings; quorum; duties.

NRS 439.365 District board of health: Budget; adoption by board of county commissioners; annual allocation.

NRS 439.366 Powers and jurisdiction of district board of health and district health department; regulations of district board of health.

NRS 439.367 District board of health: Powers.

NRS 439.368 Appointment, qualifications, powers and compensation of district health officer; clinical program requiring medical assessment must be supervised by physician.

District Board of Health and District Health Officer in Counties Whose Population is Less Than 400,000

NRS 439.369 Applicability.

NRS 439.370 Health district: Creation.

NRS 439.380 County or city board of health abolished upon creation of district board of health.

NRS 439.383 County boards of health within district abolished upon creation of district board of health.

NRS 439.385 City and town boards of health abolished upon creation of district board of health.

NRS 439.390 District board of health: Composition; qualifications of members.

NRS 439.400 Appointment, qualifications, powers and compensation of district health officer; clinical program requiring medical assessment must be supervised by physician.

NRS 439.410 Powers and jurisdiction of district board of health and district health department; regulations of district board of health.

City Board of Health and City Health Officer

NRS 439.420 City board of health: Creation by ordinance.

NRS 439.430 City board of health: Members; appointments; qualifications and compensation of city health officer.

NRS 439.440 Inclusion of city in county or district health department.

NRS 439.450 Withdrawal of city from county or district health department; reestablishment of city health department.

NRS 439.460 City board of health: Duties.

NRS 439.470 City board of health: Powers.

Local Health Regulations

NRS 439.480 Local health officer: Supervision; jurisdiction.

NRS 439.490 Abatement or removal of nuisance.

ARTHRITIS PREVENTION AND CONTROL PROGRAM

NRS 439.501 Establishment.

NRS 439.503 Advisory Committee: Establishment; appointment, terms and compensation of members; quorum; Chair; meetings.

NRS 439.505 Duties of Health Division.

NRS 439.507 Powers of Health Division to enter into contracts, to apply for and accept gifts, donations, bequests and grants and to apply for federal waivers; disposition of money; administration of account.

STATEWIDE PROGRAM FOR SUICIDE PREVENTION

NRS 439.511 Creation; purposes; employment of Coordinator; qualifications of Coordinator; duties of Coordinator.

NRS 439.513 Employment of trainer for suicide prevention; qualifications; duties.

STATE PROGRAM FOR FITNESS AND WELLNESS

NRS 439.514 Definitions.

NRS 439.515 “Advisory Council” defined.

NRS 439.516 “Program” defined.

NRS 439.517 Establishment.

NRS 439.518 Advisory Council: Establishment; appointment of members.

NRS 439.519 Advisory Council: Terms; Chairman; administrative support; quorum; meetings; compensation.

NRS 439.521 Duties of Health Division.

NRS 439.522 Public hearings.

NRS 439.523 Authority of Health Division to enter into contracts.

NRS 439.524 Submission of annual report to Governor and Legislature.

NRS 439.525 Gifts, grants and contributions: Accounting; use; administration.

COMMITTEE ON CO-OCCURRING DISORDERS

NRS 439.526 “Co-occurring disorders” defined.

NRS 439.527 Creation; appointment and qualifications of members; election of Chairman and Vice Chairman; terms of members; vacancies; compensation of members; members holding public office or employed by governmental entity; meetings; quorum.

NRS 439.528 Duties.

PROGRAM TO TREAT PERSONS WITH HUMAN IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNODEFICIENCY SYNDROME

NRS 439.529 Administration; duties of Director; use of other programs; prohibition against commingling of money; money for program to be accounted for separately.

MISCELLANEOUS PROVISIONS

NRS 439.530 Treatment by prayer, mental or spiritual means; no compulsion to submit to medical treatment.

NRS 439.535 Clinic for immunization of children: Availability; immunity of personnel from criminal and civil liability.

NRS 439.537 Unlawful use of words or letters designating person as licensed or registered dietitian; penalty.

NRS 439.538 Electronic transmission of health information: Exemption from state law concerning privacy or confidentiality of certain health information; ability of person to opt out of electronic disclosure of certain health information.

NRS 439.540 Chapter does not alter powers of Commissioner of Food and Drugs or powers of State Dairy Commission.

NRS 439.550 Strict enforcement of chapter by local health officer.

NRS 439.560 Enforcement of chapter by public officers.

NRS 439.565 Injunctions against violations.

NRS 439.570 Health authority may report violation to district attorney or Attorney General; initiation and prosecution of action.

NRS 439.580 Penalties.

ADMINISTRATION OF CERTAIN PROCEEDS FROM MANUFACTURERS OF TOBACCO PRODUCTS

General Provisions

NRS 439.600 Legislative declaration.

Trust Fund for Public Health

NRS 439.605 Creation and administration of Fund; permissible investments; appropriation and expenditure of interest and income.

NRS 439.610 Board of Trustees of Fund: Creation; membership; election of Chairman; meetings; quorum; compensation of members; administrative support.

NRS 439.615 Board of Trustees of Fund: Powers and duties.

Fund for a Healthy Nevada

NRS 439.620 Creation and administration of Fund; appropriation and expenditure of contents.

NRS 439.625 Task Force for Fund: Creation; membership; selection and term of Chairman and Vice Chairman; compensation of members; relief from regular duties of member who is officer or employee of local government; administrative support and technical assistance. [Repealed.]

NRS 439.630 Powers and duties of Department; eligibility of veterans for certain benefits or services available to senior citizens and persons with disabilities.

Subsidies for Cost of Prescription Drugs, Pharmaceutical Services and Other Benefits to Senior Citizens

NRS 439.635 Definitions.

NRS 439.640 “Household income” defined.

NRS 439.645 “Income” defined.

NRS 439.650 “Senior citizen” defined.

NRS 439.655 Administration: Powers and duties of Department.

NRS 439.660 Administration: Cooperation between state and local agencies.

NRS 439.665 Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits; eligibility for and amount of subsidies; copayments; waiver of eligibility requirements; coverage provided by Federal Government; authority of Department to change programs; eligibility of veterans for subsidies.

NRS 439.670 Request for subsidy; action on request; payment of subsidy.

NRS 439.675 Denial of request for subsidy; repayment of amount received pursuant to fraudulent request.

NRS 439.680 Judicial review of decision to deny request for subsidy.

NRS 439.685 Revocation of subsidy and payment of restitution.

NRS 439.690 Restrictions on use of information contained in request for subsidy.

Subsidies for Provision of Pharmaceutical Services to Persons with Disabilities

NRS 439.705 Definitions.

NRS 439.715 “Household income” defined.

NRS 439.725 “Income” defined.

NRS 439.735 Administration: Powers and duties of Department.

NRS 439.745 Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits; eligibility for and amount of subsidies; copayments; waiver of eligibility requirements; coverage provided by Federal Government; authority of Department to change programs; eligibility of veterans for subsidies.

NRS 439.755 Request for subsidy; action on request; payment of subsidy.

NRS 439.765 Denial of request for subsidy; repayment of amount received pursuant to fraudulent request.

NRS 439.775 Judicial review of decision to deny request for subsidy.

NRS 439.785 Revocation of subsidy and payment of restitution.

NRS 439.795 Restrictions on use of information contained in request for subsidy.

HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES

NRS 439.800 Definitions.

NRS 439.802 “Facility-acquired infection” defined.

NRS 439.805 “Medical facility” defined.

NRS 439.810 “Patient” defined.

NRS 439.815 “Patient safety officer” defined.

NRS 439.820 “Provider of health care” defined.

NRS 439.825 “Repository” defined.

NRS 439.830 “Sentinel event” defined.

NRS 439.835 Mandatory reporting of sentinel events.

NRS 439.840 Reports of sentinel events: Duties of Health Division; confidentiality.

NRS 439.845 Analysis and reporting of trends regarding sentinel events; treatment of certain information regarding corrective action by medical facility.

NRS 439.850 Repository for Health Care Quality Assurance: Creation; function.

NRS 439.855 Notification of patients involved in sentinel events.

NRS 439.860 Inadmissibility of certain information in administrative or legal proceeding.

NRS 439.865 Patient safety plan: Development; approval; notice; compliance.

NRS 439.870 Patient safety officer: Designation; duties.

NRS 439.875 Patient safety committee: Establishment; composition; meetings; duties; proceedings and records are privileged.

NRS 439.880 Immunity from criminal and civil liability.

NRS 439.885 Violation by medical facility: Administrative sanction prohibited when voluntarily reported.

NRS 439.890 Adoption of regulations.

WEBSITE FOR INFORMATION CONCERNING PRICE OF COMMONLY PRESCRIBED DRUGS

NRS 439.900 “Pharmacy” defined.

NRS 439.905 Organization representing interests of retail merchants to prepare and update list of most commonly prescribed drugs or generic equivalents.

NRS 439.910 Pharmacies to provide to Department contact information, electronic mail address and address of Internet website; exceptions.

NRS 439.915 Department to place on Internet website information concerning pharmacies and prices for prescription drugs; additional or alternative procedures for obtaining information concerning pharmacies and prices for prescription drugs.

NRS 439.920 Manner of presentation of information.

NRS 439.925 Immunity from civil and criminal liability.

NRS 439.930 Regulations.

NRS 439.935 Suspension of components of program or duties of Department if sufficient money not available; acceptance of gifts and grants.

NRS 439.940 Penalty for failure to provide information to Department.

_________

GENERAL PROVISIONS

NRS 439.005 Definitions. As used in this chapter, unless the context requires otherwise:

1. “Administrator” means the Administrator of the Health Division.

2. “Department” means the Department of Health and Human Services.

3. “Director” means the Director of the Department.

4. “Health authority” means the officers and agents of the Health Division or the officers and agents of the local boards of health.

5. “Health Division” means the Health Division of the Department.

(Added to NRS by 1963, 938; A 1967, 1168; 1969, 1018; 1973, 1406; 1983, 832)

HEALTH DIVISION OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration

NRS 439.010 Administration of chapter. The provisions of this chapter must be administered by the Administrator and the Health Division, subject to administrative supervision by the Director.

[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A 1963, 938; 1967, 1168; 1973, 1406; 1983, 832)

NRS 439.015 Acceptance and disbursement of federal appropriations; deposit to State Health Division Federal Account. The Department, through the Health Division, may accept and direct the disbursement of money appropriated by any Act of Congress and apportioned or allocated to the State of Nevada for health purposes. This federal money must be deposited in the State Treasury for credit to the State Health Division Federal Account within the State General Fund.

(Added to NRS by 1975, 257; A 1983, 397; 1989, 1472)

NRS 439.030 State Board of Health: Creation; members; qualifications.

1. The State Board of Health, consisting of seven members appointed by the Governor, is hereby created.

2. The Governor shall appoint:

(a) Two members who are doctors of medicine who have been licensed to practice in this State and have engaged in the practice of medicine in this State for not less than 5 years immediately prior to their appointment.

(b) One member who is a doctor of dental surgery who has been licensed to practice in this State and has engaged in the practice of dentistry in this State for not less than 5 years immediately prior to his appointment.

(c) One member who is a doctor of veterinary medicine who has been licensed to practice in this State and has engaged in the practice of veterinary medicine in this State for not less than 5 years immediately preceding his appointment.

(d) One member who is a registered nurse who has been licensed by this State and has engaged in nursing for at least 5 years immediately prior to his appointment.

(e) One member who is a general engineering contractor or general building contractor who is licensed by this State.

(f) One member who is a representative of the general public.

[1:199:1911; A 1919, 221; 1939, 297; 1931 NCL § 5235]—(NRS A 1959, 92; 1967, 278; 1977, 633)

NRS 439.040 State Board of Health: Term of office. After the initial terms, the term of office of each member of the State Board of Health is 4 years.

[Part 3:199:1911; A 1939, 297; 1931 NCL § 5237]—(NRS A 1959, 93; 1977, 633)

NRS 439.060 State Board of Health: Meetings; quorum.

1. The State Board of Health may meet regularly at least once every 6 months.

2. The State Board of Health may hold such special meetings as may be called by the Chairman. A special meeting must be called whenever requested by the State Health Officer, the Administrator or by two members of the Board.

3. Four members constitute a quorum, but a concurrence of at least a majority of the members of the Board is required on all questions.

[Part 2:199:1911; A 1939, 297; 1931 NCL § 5236]—(NRS A 1971, 358; 1977, 633; 1981, 398; 1983, 832, 1443)

NRS 439.070 State Board of Health: Secretary; Executive Officer. The Administrator is the Executive Officer of the State Board of Health and he shall act as Secretary of the Board. He shall not be a member of the Board.

[Part 3:199:1911; A 1939, 297; 1931 NCL § 5237] + [Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A 1983, 832)

NRS 439.080 State Board of Health: Compensation of members and employees.

1. Each appointive member of the State Board of Health is entitled to receive a salary of not more than $80 per day, as fixed by the Board, while attending meetings of the Board.

2. While engaged in the business of the State Board of Health, each member and employee of the Board is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

[Part 2:199:1911; A 1939, 297; 1931 NCL § 5236]—(NRS A 1963, 938; 1975, 298; 1981, 1983; 1985, 424; 1989, 1715)

NRS 439.090 State Health Officer and Administrator: Qualifications.

1. The State Health Officer must:

(a) Be a citizen of the United States.

(b) Be licensed, or eligible for licensure, as a physician or administrative physician in Nevada.

2. The Administrator must have 2 years’ experience, or the equivalent, in a responsible administrative position in:

(a) A full-time county or city health facility or department; or

(b) A major health program at a state or national level.

[Part 4:199:1911; A 1919, 221; 1939, 297; 1941, 89; 1943, 215; 1947, 752; 1943 NCL § 5238]—(NRS A 1960, 443; 1963, 1184, 1321; 1981, 274; 1983, 833; 2003, 1884)

NRS 439.100 State Health Officer: Appointment; vacancy; unclassified service.

1. The Director shall appoint a State Health Officer.

2. The position of State Health Officer must be filled by the Director within 6 months after it becomes vacant, except that if a qualified applicant does not accept the position within that period, the Director shall continue his efforts to fill the position until a qualified person accepts the appointment.

3. The State Health Officer is in the unclassified service of the State and serves at the pleasure of the Director.

[Part 4:199:1911; A 1919, 221; 1939, 297; 1941, 89; 1943, 215; 1947, 752; 1943 NCL § 5238]—(NRS A 1960, 444; 1963, 1184; 1987, 172; 2003, 1884)

NRS 439.110 State Health Officer: Devotion of time to official duties; cooperation with Nevada System of Higher Education.

1. Except as otherwise provided in subsection 2 and NRS 284.143, the State Health Officer shall devote his full time to his official duties and shall not engage in any other business or occupation.

2. Notwithstanding the provisions of NRS 281.127, the State Health Officer may cooperate with the Nevada System of Higher Education in the preparation and teaching of preservice professional workers in public health and in a program providing additional professional preparation for public health workers employed by the State of Nevada.

[Part 4:199:1911; A 1919, 221; 1939, 297; 1941, 89; 1943, 215; 1947, 752; 1943 NCL § 5238]—(NRS A 1960, 70; 1969, 1442; 1993, 403; 1995, 2314)

NRS 439.130 State Health Officer and Administrator: Duties.

1. The State Health Officer shall:

(a) Enforce all laws and regulations pertaining to the public health.

(b) Investigate causes of disease, epidemics, source of mortality, nuisances affecting the public health, and all other matters related to the health and life of the people, and to this end he may enter upon and inspect any public or private property in the State.

(d) Perform such other duties as the Director may, from time to time, prescribe.

2. The Administrator shall direct the work of the Health Division, administer the Division and perform such other duties as the Director may, from time to time, prescribe.

[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A 1963, 939; 1983, 833)

NRS 439.135 Appointment of Commissioner of Food and Drugs and other agents by Administrator. As provided in chapter 585 of NRS, the Administrator shall designate and appoint, for the enforcement of chapter 585 of NRS, a Commissioner and such other agent or agents as he may deem necessary.

(Added to NRS by 1959, 617; A 1963, 939; 1969, 616; 1983, 833)

NRS 439.140 Appointment or removal of subordinate officer or employee of Health Division.

1. With the approval of the Director, the Administrator shall appoint and may remove subordinate officers and employees of the Health Division.

2. For the purpose of insuring the impartial selection of personnel on the basis of merit, the Administrator may fill all positions in the Health Division, with the exception of the positions of State Health Officer and professional persons employed for part-time duties, from the classified service of the State.

[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A 1963, 939; 1983, 833; 1985, 424)

Powers and Duties

NRS 439.150 State Board of Health supreme in matters concerning health; Department designated agency for federal cooperation; fees.

1. The State Board of Health is hereby declared to be supreme in all nonadministrative health matters. It has general supervision over all matters, except for administrative matters, relating to the preservation of the health and lives of citizens of this State and over the work of the State Health Officer and all district, county and city health departments, boards of health and health officers.

2. The Department is hereby designated as the agency of this State to cooperate with the federal authorities in the administration of those parts of the Social Security Act which relate to the general promotion of Public Health. It may receive and expend all money made available to the Health Division by the Federal Government, the State of Nevada or its political subdivisions, or from any other source, for the purposes provided in this chapter. In developing and revising any state plan in connection with federal assistance for health programs, the Department shall consider, without limitation, the amount of money available from the Federal Government for those programs, the conditions attached to the acceptance of that money and the limitations of legislative appropriations for those programs.

3. Except as otherwise provided in NRS 576.128, the State Board of Health may set reasonable fees for the:

(a) Licensing, registering, certifying, inspecting or granting of permits for any facility, establishment or service regulated by the Health Division;

(b) Programs and services of the Health Division;

(d) Certification and licensing of personnel.

Ê Fees set pursuant to this subsection must be calculated to produce for that period the revenue from the fees projected in the budget approved for the Health Division by the Legislature.

[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259] + [Part 6 1/2:199:1911; added 1939, 297; 1931 NCL § 5259.02]—(NRS A 1963, 939; 1967, 1168; 1973, 1406; 1981, 1599, 1898; 1987, 773; 1997, 3172; 2001, 415; 2005, 22nd Special Session, 54)

NRS 439.160 Uniform compliance with provisions of chapter.

1. The Health Division is charged with:

(a) The thorough and efficient execution of the provisions of this chapter in every part of the State; and

(b) Supervisory power over local health officers,

Ê to the end that all of the requirements of this chapter shall be uniformly complied with.

2. The Health Division shall have authority to investigate cases of irregularity or violation of the law, and all local health officers shall aid the Health Division, upon request, in such investigations.

[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A 1963, 939)

NRS 439.170 Prevention of sickness and disease; legal action for enforcement of laws and regulations. The Health Division shall take such measures as may be necessary to prevent the spread of sickness and disease, and shall possess all powers necessary to fulfill the duties and exercise the authority prescribed by law and to bring actions in the courts for the enforcement of all health laws and lawful rules and regulations.

[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259]—(NRS A 1963, 940)

NRS 439.180 Biennial report to Director by Administrator. The Administrator shall make a biennial report to the Director, setting forth the condition of public health in the State and making such recommendations for legislation, appropriations and other matters as are deemed necessary or desirable.

[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259]—(NRS A 1963, 940; 1983, 833)

NRS 439.190 Hearings and witnesses. The State Board of Health may hold hearings and summon witnesses to testify before it.

[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259]

NRS 439.200 Regulations of State Board of Health: Adoption; effect; variances; distribution.

1. The State Board of Health may by affirmative vote of a majority of its members adopt, amend and enforce reasonable regulations consistent with law:

(a) To define and control dangerous communicable diseases.

(b) To prevent and control nuisances.

(d) To provide for the sanitary protection of water and food supplies.

(e) To govern and define the powers and duties of local boards of health and health officers, except with respect to the provisions of NRS 444.440 to 444.620, inclusive, 444.650, 445A.170 to 445A.955, inclusive, and chapter 445B of NRS.

(f) To protect and promote the public health generally.

(g) To carry out all other purposes of this chapter.

2. Except as otherwise provided in NRS 444.650, those regulations have the effect of law and supersede all local ordinances and regulations inconsistent therewith, except those local ordinances and regulations which are more stringent than the regulations provided for in this section.

3. The State Board of Health may grant a variance from the requirements of a regulation if it finds that:

(a) Strict application of that regulation would result in exceptional and undue hardship to the person requesting the variance; and

(b) The variance, if granted, would not:

(1) Cause substantial detriment to the public welfare; or

(2) Impair substantially the purpose of that regulation.

4. Each regulation adopted by the State Board of Health must be published immediately after adoption and issued in pamphlet form for distribution to local health officers and the residents of the State.

[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259]—(NRS A 1969, 880; 1971, 137, 807; 1977, 1138; 1979, 703; 1983, 329, 1129; 1987, 775; 1991, 2189)

NRS 439.230 Personal and statistical information to be secured from patient admitted or committed to public or private institution.

1. All superintendents or managers, or other persons in charge of hospitals, almshouses, lying-in or other institutions, public or private, to which persons resort for treatment of diseases, or confinement, or are committed by process of law, shall make a record of all the personal and statistical particulars relative to the inmates of their institutions at the time of their admission on the forms of the certificates provided for by law and as directed by the State Board of Health.

2. In case of persons admitted or committed for medical treatment of disease, the physician in charge shall specify for entry in the record the nature of the disease and where, in his opinion, it was contracted.

3. The personal particulars and information required by this section shall be obtained from the individual himself, if it is practicable to do so. When they cannot be so obtained, they shall be secured in as complete a manner as possible from relatives, friends or other persons acquainted with the facts.

[Part 17:199:1911; A 1915, 249; 1951, 312; 1953, 311]

NRS 439.240 State Hygienic Laboratory.

1. The University of Nevada School of Medicine shall maintain the State Hygienic Laboratory, heretofore established pursuant to the provisions of chapter 230, Statutes of Nevada 1909, and may establish and maintain such branch laboratories as may be necessary.

2. The purpose of the State Hygienic Laboratory is:

(a) To make available, at such charges as may be established, to health officials, the State Dairy Commission and licensed physicians of the State, proper laboratory facilities for the prompt diagnosis of communicable diseases.

(b) To make necessary examinations and analyses of water, natural ice, sewage, milk, food and clinical material.

(d) To undertake such other technical and laboratory duties as are in the interest of the health of the general public.

3. The person in charge of the State Hygienic Laboratory, or his designee, must be a skilled bacteriologist.

4. The person in charge of the State Hygienic Laboratory may have such technical assistants as that person, in cooperation with the University of Nevada School of Medicine, considers necessary.

5. Reports of investigations conducted at the State Hygienic Laboratory may be published from time to time in bulletins and circulars.

[1:230:1909; RL § 3941; NCL § 7060] + [2:230:1909; RL § 3942; NCL § 7061] + [3:230:1909; RL § 3943; NCL § 7062] + [4:230:1909; RL § 3944; NCL § 7063] + [5:230:1909; RL § 3945; NCL § 7064] + [33:199:1911; added 1919, 221; A 1939, 297; 1945, 177; 1943 NCL § 5267]—(NRS A 1963, 268, 1185; 1983, 833; 1997, 1204; 2001, 2438)

NRS 439.255 Masks and face shields for use in cardiopulmonary resuscitation: Regulations; provision to peace officers and firefighters; waiver of requirements; civil immunity for use.

1. The State Board of Health shall adopt by regulation the types of portable manual masks and face shields that are approved by the Board to assist in the prevention of the spread of communicable diseases during the administration of cardiopulmonary resuscitation. An approved mask or face shield may not weigh more than 1 pound.

2. Except as otherwise provided in subsection 3, every employer shall, without charge to the peace officer or firefighter, provide each peace officer, whether or not he is on duty, and each firefighter who is on duty, whether paid or voluntary, with:

(a) A portable manual mask and face shield approved by the Board; and

(b) Initial training and instruction in the use of the equipment.

Ê The mask, shield and training must be provided not later than 30 days after the first day of employment. The employer shall provide refresher courses in the use of the equipment when necessary.

3. An employer may apply to the Health Division for a waiver of the requirements of subsection 2 with regard to each peace officer or firefighter who, in the normal course of his employment, is not likely ever to administer cardiopulmonary resuscitation. The application must be in writing, specify the reasons why the employee is not likely in the normal course of his employment ever to administer cardiopulmonary resuscitation and be sworn to by the employer or his authorized representative. The Health Division shall grant or deny the waiver based on the information contained in the application.

4. A waiver granted pursuant to subsection 3 expires upon any change in the duties of the peace officer or firefighter which makes it likely that he will administer cardiopulmonary resuscitation at some time in the normal course of his employment. The date of the change in duties shall be deemed to be the first day of employment for purposes of subsection 2.

5. An injury or illness which results from the use of a mask or shield by a peace officer or firefighter pursuant to subsection 2 may not be considered as negligence or as causation in any civil action brought against a peace officer or firefighter or his employer.

6. As used in this section:

(a) “Employer” means any person who employs or provides equipment to a firefighter or peace officer, including the State of Nevada and its political subdivisions.

(b) “Peace officer” means:

(1) Sheriffs of counties and of metropolitan police departments and their deputies;

(2) Personnel of the Nevada Highway Patrol whose principal duty is to enforce one or more laws of this State and any person promoted from such a duty to a supervisory position related to such a duty; and

(3) Marshals and policemen of cities and towns.

(Added to NRS by 1989, 307; A 2001, 2615; 2005, 327, 675)

1. The Department shall establish an Immunization Information System to collect information concerning the immunization of children in this State. The Immunization Information System must be administered by the State Board of Health.

2. Except as otherwise provided in subsection 4, a person who administers any immunization to a child which is recommended and approved by the United States Public Health Service Advisory Committee on Immunization Practices, or its successor organization, on or after July 1, 2009, shall report information concerning the child and the immunization provided to the child to the Department for inclusion in the Immunization Information System. The information reported must include, without limitation:

(a) The immunization provided to the child;

(b) The name of the child;

(c) Demographic information concerning the child, including, without limitation, the age, gender and race of the child; and

(d) Any other information required by regulation of the State Board of Health, taking into consideration applicable requirements for information relating to the immunization of children of:

(1) The Centers for Disease Control and Prevention of the United States Department of Health and Human Services; and

(2) Any other governmental entity.

3. A person who reports information pursuant to subsection 2 may also report information concerning the history of the immunizations of the child if known to the Department for inclusion in the Immunization Information System.

4. The State Board of Health shall establish the form for reporting information to the Department for inclusion in the Immunization Information System and the form which the person administering the immunization must provide to the parent or guardian of the child receiving the immunization. The form provided to the parent or guardian must inform the parent or guardian about the Immunization Information System and must allow the parent or guardian to decline inclusion of the information concerning his child in the System.

5. The information in the Immunization Information System may only be disclosed to any person who administers immunizations to a child to determine the immunization status of the child and to the persons or governmental entities authorized pursuant to the regulations adopted by the State Board of Health.

6. The State Board of Health shall adopt regulations to carry out the provisions of this section.

(Added to NRS by 2007, 1515)

1. The State Board of Health shall define epilepsy for the purposes of the reports hereinafter referred to in this section.

2. All physicians shall report immediately to the Health Division, in writing, the name, age and address of every person diagnosed as a case of epilepsy.

3. The Health Division shall report, in writing, to the Department of Motor Vehicles the name, age and address of every person reported to it as a case of epilepsy.

4. Except as otherwise provided in NRS 239.0115, the reports are for the information of the Department of Motor Vehicles and must be kept confidential and used solely to determine the eligibility of any person to operate a vehicle on the streets and highways of this State.

5. A violation of this section is a misdemeanor.

[1:269:1953] + [2:269:1953] + [3:269:1953] + [4:269:1953] + [5:269:1953]—(NRS A 1957, 630; 1963, 941; 1985, 1990; 2001, 2615; 2007, 2107)

DENTAL HEALTH

NRS 439.272 State Dental Health Officer: Appointment by Health Division; classification; qualifications; duties; outside pursuits; solicitation and acceptance of gifts and grants.

1. The Health Division shall appoint, with the consent of the Director, a State Dental Health Officer, who is in the unclassified service of the State. The State Dental Health Officer must:

(a) Be a resident of this State;

(b) Hold a current license to practice dentistry issued pursuant to chapter 631 of NRS; and

(c) Be appointed on the basis of his education, training and experience and his interest in public dental health and related programs.

2. The State Dental Health Officer shall:

(a) Determine the needs of the residents of this State for public dental health;

(b) Provide the Health Division with advice regarding public dental health;

(c) Make recommendations to the Health Division and the Legislature regarding programs in this State for public dental health;

(d) Supervise the activities of the State Public Health Dental Hygienist; and

(e) Seek such information and advice from a dental school of the Nevada System of Higher Education as necessary to carry out his duties.

3. The State Dental Health Officer shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit.

4. The Health Division may solicit and accept gifts and grants to pay the costs associated with oral health programs.

(Added to NRS by 2001, 2690; A 2005, 1569; 2005, 22nd Special Session, 54)

NRS 439.279 State Public Health Dental Hygienist: Appointment by Health Division; classification; qualifications; duties; outside pursuits; solicitation and acceptance of gifts and grants.

1. The Health Division shall appoint, with the consent of the Director, a State Public Health Dental Hygienist, who is in the unclassified service of the State. The State Public Health Dental Hygienist must:

(a) Be a resident of this State;

(b) Hold a current license to practice dental hygiene issued pursuant to chapter 631 of NRS with a special endorsement issued pursuant to NRS 631.287; and

(c) Be appointed on the basis of his education, training and experience and his interest in public health dental hygiene and related programs.

2. The State Public Health Dental Hygienist:

(a) Shall assist the State Dental Health Officer in carrying out his duties; and

(b) May:

(1) Make recommendations to the Health Division regarding programs in this State for public health dental hygiene; and

(2) Perform any acts authorized pursuant to NRS 631.287.

3. The State Public Health Dental Hygienist shall devote all of his time to the business of his office and shall not pursue any other business or vocation or hold any other office of profit.

4. The Health Division may solicit and accept gifts and grants to pay the costs associated with the position of State Public Health Dental Hygienist.

(Added to NRS by 2001, 2690; A 2005, 1569; 2005, 22nd Special Session, 55)

LOCAL ADMINISTRATION

County Board of Health and County Health Officer

NRS 439.280 County board of health: Composition; officers; compensation.

1. Each county shall establish a county board of health to consist of the board of county commissioners, the sheriff and the county health officer.

2. The county health officer shall act as chairman of the county board of health, and the county clerk shall be the clerk of the board.

3. All of the officers shall serve without additional compensation.

[27:199:1911; added 1919, 221; A 1947, 471; 1943 NCL § 5261]

NRS 439.290 County health officer: Appointment; qualifications; term.

1. On or before January 1 next following each general election, the board of county commissioners shall appoint a county health officer for the county.

2. The county health officer must be appointed on the basis of his graduate education in public health, his training, his experience and his interest in public health and related programs.

3. His term of office is 2 years or until his successor has been appointed and qualified.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL § 5240]—(NRS A 1981, 603)

NRS 439.300 County health officer: Compensation. For performing the duties prescribed by law, the county health officer shall receive such compensation as is fixed by the board of county commissioners, which compensation shall not be less than $25 per month. The board of county commissioners is directed to allow a claim for $25 per month or for such greater sum as the board may deem proper for the work performed.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL § 5240]

NRS 439.310 County health officer: Vacancy; appointment by State Health Officer. In the case of refusal or neglect of any board of county commissioners to appoint a county health officer for 30 days after January 1 next following any general election, or if a vacancy shall exist in the office of county health officer for a period exceeding 30 days, the State Health Officer may make such appointment for the county for that term and fix the compensation; and a county health officer so appointed shall have the same duties, power and authority as though appointed by the board of county commissioners.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL § 5240]—(NRS A 1963, 941)

NRS 439.320 County health officer: Executive officer of county board of health; may be county physician. The county health officer is the executive officer of the county board of health and, if licensed to practice medicine in this State, may be county physician.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL § 5240]—(NRS A 1981, 603)

NRS 439.330 Deputy county health officer: Appointment; compensation; duties.

1. With the approval of the board of county commissioners, the county health officer is empowered to appoint such deputies as may be necessary.

2. Deputies shall receive such compensation as is fixed by the board of county commissioners.

3. Not later than the 5th day of each month, deputy health officers shall file monthly reports with the county health officer. The reports shall be compiled by the county health officer and forwarded to the Health Division not later than the 10th day of each month.

[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL § 5240]—(NRS A 1963, 941)

NRS 439.340 County board of health: Supervision by Health Division; reports. The county board of health shall be subject to the supervision of the Health Division, and shall make such reports to the Health Division as the State Board of Health may require.

[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891; NCL § 5262]—(NRS A 1963, 941)

NRS 439.350 County board of health: Duties. The county board of health shall:

1. Oversee all sanitary conditions of the county in which the board is created.

2. Adopt such regulations as may be necessary for the prevention, suppression and control of any contagious or infectious disease dangerous to the public health, which regulations take effect immediately upon approval by the State Board of Health.

3. File a copy of all of its adopted regulations with the county clerk.

[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891; NCL § 5262]—(NRS A 1983, 1130)

NRS 439.360 County board of health: Powers. The county board of health may:

1. Abate nuisances in accordance with law.

2. Establish and maintain an isolation hospital or quarantine station when necessary for the isolation or quarantine of a person or a group of persons.

3. Restrain, quarantine and disinfect any person or group of persons sick with or exposed to any contagious or infectious disease that is dangerous to the public health.

4. Appoint quarantine officers when necessary to enforce a quarantine, shall provide whatever medicines, disinfectants and provisions which may be required, and shall arrange for the payment of all debts or charges so incurred from any funds available, but each patient shall, if he is able, pay for his food, medicine, clothes and medical attendance.

5. Subject to the prior review and approval of the board of county commissioners and except as otherwise provided in NRS 576.128, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from the board pursuant to a law of this state or an ordinance adopted by any political subdivision of this state. Such fees must be for the sole purpose of defraying the costs and expenses of the procedures for issuing licenses and permits, and investigations related thereto, and not for the purposes of general revenue.

[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891; NCL § 5262]—(NRS A 1973, 1137; 1997, 1616, 3173; 1999, 649; 2003, 2195)

District Board of Health and District Health Officer in Counties Whose Population is 400,000 or More

NRS 439.361 Applicability. The provisions of NRS 439.361 to 439.368, inclusive, apply to a county whose population is 400,000 or more.

(Added to NRS by 2005, 2464)

NRS 439.362 Health district: Creation; composition; appointment and terms of members; duty to maintain records; county, city and town boards of health abolished.

1. A health district with a health department consisting of a district health officer and a district board of health is hereby created.

2. The district board of health consists of:

(a) Representatives selected by the following entities from among their elected members:

(1) Two representatives of the board of county commissioners;

(2) Two representatives of the governing body of the largest incorporated city in the county; and

(3) One representative of the governing body of each other city in the county; and

(b) The following representatives, selected by the elected representatives of the district board of health selected pursuant to paragraph (a), who shall represent the health district at large and who must be selected based on their qualifications without regard to the location within the health district of their residence or their place of employment:

(1) Two representatives who are physicians licensed to practice medicine in this State, one of whom is selected on the basis of his education, training, experience or demonstrated abilities in the provision of health care services to members of minority groups and other medically underserved populations;

(2) One representative who is a nurse licensed to practice nursing in this State;

(3) One representative who has a background or expertise in environmental health or environmental health services; and

(4) One representative of a business or from an industry that is subject to regulation by the health district.

3. Members of the district board of health serve terms of 2 years. Vacancies must be filled in the same manner as the original selection for the remainder of the unexpired term. Members serve without additional compensation for their services, but are entitled to reimbursement for necessary expenses for attending meetings or otherwise engaging in the business of the board.

4. The district board of health shall meet in July of each year to organize and elect one of its members as chairman of the board.

5. The county treasurer is the treasurer of the district board of health. The treasurer shall:

(a) Keep permanent accounts of all money received by, disbursed for and on behalf of the district board of health; and

(b) Administer the health district fund created by the board of county commissioners pursuant to NRS 439.363.

6. The district board of health shall maintain records of all of its proceedings and minutes of all meetings, which must be open to inspection.

7. No county, city or town board of health may be created in the county. Any county, city or town board of health in existence when the district board of health is created must be abolished.

(Added to NRS by 2005, 2464)

NRS 439.363 Health district fund: Creation.

1. The board of county commissioners shall create a health district fund in the county treasury.

2. The money in the fund may only be used to provide funding for the health district.

(Added to NRS by 2005, 2465)

NRS 439.364 District board of health: Meetings; quorum; duties.

1. The district board of health may meet at such times and in such locations as the board determines by resolution.

2. Special meetings may be held upon notice to each member of the district board of health as often as and in such places within the county as the needs of the board require.

3. A majority of the members of the district board of health constitutes a quorum.

4. The district board of health shall adopt written policies and procedures for administering the board and maintaining its programs, projects and activities.

(Added to NRS by 2005, 2465)

NRS 439.365 District board of health: Budget; adoption by board of county commissioners; annual allocation.

1. The district board of health shall prepare an annual operating budget for the health district. The district board of health shall submit the budget to the board of county commissioners before April 1 for funding for the following fiscal year. The budget must be adopted by the board of county commissioners as part of the annual county budget.

2. The board of county commissioners shall annually allocate for the support of the health district an amount that does not exceed an amount calculated by multiplying the assessed valuation of all taxable property in the county by the rate of 3.5 cents on each $100 of assessed valuation. The amount allocated pursuant to this subsection must be transferred from the county general fund to the health district fund created by the board of county commissioners pursuant to NRS 439.363.

(Added to NRS by 2005, 2465)

NRS 439.366 Powers and jurisdiction of district board of health and district health department; regulations of district board of health.

1. The district board of health has the powers, duties and authority of a county board of health in the health district.

2. The district health department has jurisdiction over all public health matters in the health district.

3. In addition to any other powers, duties and authority conferred on a district board of health by this section, the district board of health may by affirmative vote of a majority of all the members of the board adopt regulations consistent with law, which must take effect immediately on their approval by the State Board of Health, to:

(a) Prevent and control nuisances;

(b) Regulate sanitation and sanitary practices in the interests of the public health;

(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district; and

(e) Improve the quality of health care services for members of minority groups and medically underserved populations.

4. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:

(a) Include a statement of either the terms or substance of the proposal or a description of the subjects and issues involved, and of the time when, the place where and the manner in which interested persons may present their views thereon;

(b) State each address at which the text of the proposal may be inspected and copied; and

(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the board for such purpose.

5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board of health shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board of health may proceed immediately to act upon any written submissions. The district board of health shall consider fully all written and oral submissions respecting the proposal.

6. The district board of health shall file a copy of all of its adopted regulations with the county clerk.

(Added to NRS by 2005, 2466)

NRS 439.367 District board of health: Powers.

1. The district board of health may:

(a) Receive and disburse federal money;

(b) Submit project applications and programs of projects to federal agencies; and

2. The district board of health may accept and disburse contributions from private sources, the State, the county, and the cities and towns within the jurisdiction of the board to match federal money for any project or program. All such contributions must be deposited with the county treasurer to the credit of the health district fund created by the board of county commissioners pursuant to NRS 439.363.

(Added to NRS by 2005, 2466)

NRS 439.368 Appointment, qualifications, powers and compensation of district health officer; clinical program requiring medical assessment must be supervised by physician.

1. The district board of health shall appoint a district health officer for the health district who shall have full authority as a county health officer in the health district.

2. The district health officer must:

(a) Be licensed to practice medicine or osteopathic medicine in this State; and

(b) Have at least the following additional education and experience:

(1) A master’s degree in public health, health care administration, public administration, business administration or a related field; and

(2) Ten years of management experience in an administrative position in a local, state or national public health department, program, organization or agency.

3. The district health officer is entitled to receive a salary fixed by the district board of health and serves at the pleasure of the board.

4. Any clinical program of a district board of health which requires medical assessment must be carried out under the direction of a physician.

(Added to NRS by 2005, 2465)

District Board of Health and District Health Officer in Counties Whose Population is Less Than 400,000

NRS 439.369 Applicability. The provisions of NRS 439.369 to 439.410, inclusive, apply to a county whose population is less than 400,000.

(Added to NRS by 2005, 2464)

NRS 439.370 Health district: Creation. By affirmative vote of:

1. The boards of county commissioners of two or more adjacent counties;

2. The governing bodies of two or more cities or towns within any county; or

3. The board of county commissioners and the governing body or bodies of any incorporated city or cities, town or towns, in such county,

Ê and with the approval of the State Board of Health, there may be created a health district with a health department consisting of a district health officer and a district board of health.

[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A 1959, 104)

NRS 439.380 County or city board of health abolished upon creation of district board of health. When any county and one or more incorporated cities within the county establish a district board of health, the county board of health and the board of health of the city or cities must be abolished, and the district board of health must be given the same powers, duties and authority that county board of health had before the establishment of the district board of health.

[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A 1959, 104; 1987, 1723)

NRS 439.383 County boards of health within district abolished upon creation of district board of health. When two or more adjacent counties establish a district board of health, all county boards of health in such district shall thereupon be abolished.

(Added to NRS by 1959, 103)

NRS 439.385 City and town boards of health abolished upon creation of district board of health. When two or more cities or towns establish a district board of health, all city and town boards of health in such district shall thereupon be abolished.

(Added to NRS by 1959, 103)

NRS 439.390 District board of health: Composition; qualifications of members.

1. A district board of health must consist of two members from each county, city or town which participated in establishing the district, to be appointed by the governing body of the county, city or town in which they reside, together with one additional member to be chosen by the members so appointed.

2. The additional member must be a physician licensed to practice medicine in this State.

3. If the appointive members of the district board of health fail to choose the additional member within 30 days after the organization of the district health department, he may be appointed by the State Health Officer.

[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A 1959, 104; 1963, 941; 1991, 1379)

NRS 439.400 Appointment, qualifications, powers and compensation of district health officer; clinical program requiring medical assessment must be supervised by physician.

1. The district board of health shall appoint a district health officer for the district.

2. The district health officer must be appointed on the basis of his graduate education in public health, his training, his experience and his interest in public health and related programs.

3. The district health officer has full authority as a county health officer in the health district.

4. Any clinical program of a district board of health which requires medical assessment must be carried out under the direction of a physician.

5. The district health officer is entitled to receive a salary fixed by the district board of health and serves at the pleasure of that board.

[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A 1959, 104; 1981, 603)

NRS 439.410 Powers and jurisdiction of district board of health and district health department; regulations of district board of health.

1. The district board of health has the powers, duties and authority of a county board of health in the health district.

2. The district health department has jurisdiction over all public health matters in the health district, except in matters concerning emergency medical services pursuant to the provisions of chapter 450B of NRS.

(a) Prevent and control nuisances;

(b) Regulate sanitation and sanitary practices in the interests of the public health;

(d) Protect and promote the public health generally in the geographical area subject to the jurisdiction of the health district.

4. Before the adoption, amendment or repeal of a regulation, the district board of health must give at least 30 days’ notice of its intended action. The notice must:

(b) State each address at which the text of the proposal may be inspected and copied.

(c) Be mailed to all persons who have requested in writing that they be placed on a mailing list, which must be kept by the district board for such purpose.

5. All interested persons must be afforded a reasonable opportunity to submit data, views or arguments, orally or in writing, on the intended action to adopt, amend or repeal the regulation. With respect to substantive regulations, the district board shall set a time and place for an oral public hearing, but if no one appears who will be directly affected by the proposal and requests an oral hearing, the district board may proceed immediately to act upon any written submissions. The district board shall consider fully all written and oral submissions respecting the proposal.

6. Each district board of health shall file a copy of all of its adopted regulations with the county clerk of each county in which it has jurisdiction.

[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A 1959, 104; 1973, 314; 1979, 161; 1983, 330; 1995, 2546; 2005, 2467)

City Board of Health and City Health Officer

NRS 439.420 City board of health: Creation by ordinance.

1. Every city of population categories one and two shall provide by ordinance for the establishment of a board of health.

2. A city of population category three may provide by ordinance for the establishment of a board of health.

[Part 29:199:1911; added 1919, 221; 1919 RL p. 2892; NCL § 5263]—(NRS A 2001, 635)

NRS 439.430 City board of health: Members; appointments; qualifications and compensation of city health officer.

1. The city board of health shall be composed of three members appointed by the mayor, at least one of whom may be learned in sanitary science and public health practice and experienced in the diagnosis of infectious diseases, in which case he shall be the city health officer and the executive officer of the city board of health.

2. If no member, or if more than one member, is experienced in the diagnosis of infectious diseases and learned in sanitary science, the city board of health shall appoint the city health officer.

3. The compensation of the city health officer shall be prescribed by the city council and the compensation, together with his necessary expenses, shall be paid by the municipality in which he serves.

[Part 29:199:1911; added 1919, 221; 1919 RL p. 2892; NCL § 5263]

NRS 439.440 Inclusion of city in county or district health department. The governing authorities of any incorporated city may abolish the offices of the city board of health and the office of the city health officer for such city and thereby signify the city’s consent to be included in a county or district health department. The powers and duties of the city board of health and the city health officer shall devolve upon the county or district health department.

[Part 36:199:1911; added 1939, 297; 1931 NCL § 5268.02]

NRS 439.450 Withdrawal of city from county or district health department; reestablishment of city health department. The governing authorities of any incorporated city which has consented to be included in a county or district health department may, after a period of 3 years following such inclusion, provide by resolution for withdrawal therefrom and for the reestablishment of a city health department for the city.

[Part 36:199:1911; added 1939, 297; 1931 NCL § 5268.02]

NRS 439.460 City board of health: Duties. The city board of health shall:

1. Oversee all sanitary conditions of the city in which the board is created.

3. File a copy of all of its adopted regulations with the city clerk.

[Part 30:199:1911; added 1919, 221; 1919 RL p. 2892; NCL § 5264]—(NRS A 1983, 1130)

NRS 439.470 City board of health: Powers. The city board of health may:

1. Abate nuisances in accordance with law.

2. Establish a temporary isolation hospital or quarantine station when an emergency demands the isolation or quarantine of a person or a group of persons.

3. Restrain, quarantine and disinfect any person or a group of persons sick with or exposed to any contagious or infectious disease which is dangerous to the public health.

4. Appoint quarantine officers when necessary to enforce a quarantine, and shall provide whatever medicines, disinfectants and provisions which may be required. The city council shall pay all debts or charges so incurred, but each patient shall, if able, pay for his food, medicine, clothes and medical attendance.

5. Subject to the prior review and approval of the governing body of the city and except as otherwise provided in NRS 576.128, adopt a schedule of reasonable fees to be collected for issuing or renewing any health permit or license required to be obtained from such board pursuant to state law or an ordinance adopted by any political subdivision. Such fees must be for the sole purpose of defraying the costs and expenses of the procedures for issuing licenses and permits, and investigations related thereto, and not for the purposes of general revenue.

[Part 30:199:1911; added 1919, 221; 1919 RL p. 2892; NCL § 5264]—(NRS A 1973, 1137; 1997, 3173; 2003, 2195)

Local Health Regulations

NRS 439.480 Local health officer: Supervision; jurisdiction. The county health officer has supervision over all matters pertaining to the preservation of the lives and health of the people of his county, except incorporated cities of population categories one and two having a health officer appointed pursuant to the provisions of this chapter, which are under the jurisdiction of the city health officer, subject to the supervision and control of the Health Division.

[Part 31:199:1911; added 1919, 221; 1919 RL p. 2892; NCL § 5265]—(NRS A 1963, 942; 2001, 635)

NRS 439.490 Abatement or removal of nuisance. Every health officer shall have authority to order the abatement or removal of any nuisance detrimental to the public health in accordance with the laws relating to such matters.

[Part 31:199:1911; added 1919, 221; 1919 RL p. 2892; NCL § 5265]

ARTHRITIS PREVENTION AND CONTROL PROGRAM

NRS 439.501 Establishment.

1. Within the limitations of available funding, the Health Division shall establish the Arthritis Prevention and Control Program to increase public knowledge and raise public awareness relating to arthritis and to educate persons with arthritis, their families, health care professionals, providers of health care and the public on matters relating to arthritis, including, without limitation:

(a) The causes and nature of arthritis;

(b) The factors that increase the risk of a person developing arthritis and the importance of early diagnosis of arthritis;

(d) Effective strategies to prevent or delay the development of arthritis;

(e) The prevention and management of pain caused by arthritis; and

(f) Effective interventions to reduce disability and improve the quality of life of persons with arthritis.

2. The Arthritis Prevention and Control Program must be established in accordance with the objectives set forth in the National Arthritis Action Plan established by the Arthritis Foundation, the Centers for Disease Control and Prevention, and the Association of State and Territorial Health Officials.

(Added to NRS by 2003, 1343)

NRS 439.503 Advisory Committee: Establishment; appointment, terms and compensation of members; quorum; Chair; meetings.

1. Within the limitations of available funding, the Health Division shall establish the Advisory Committee on the Arthritis Prevention and Control Program established pursuant to NRS 439.501 to make recommendations to the Health Division concerning the Arthritis Prevention and Control Program.

2. The Administrator shall:

(a) Solicit recommendations for the appointment of members to the Advisory Committee on the Arthritis Prevention and Control Program from organizations that are representative of a broad range of persons with arthritis and organizations interested in the issues affecting persons with arthritis; and

(b) Appoint to the Advisory Committee such members as he deems appropriate, including, without limitation, one or more persons who are representative of:

(1) Persons with arthritis;

(2) Public health care professionals and educators;

(3) Medical experts on arthritis;

(4) Providers of health care who provide services related to arthritis;

(5) Persons knowledgeable in promoting and educating the public on health issues; and

(6) National arthritis and other public health organizations and their local or state chapters.

3. After the initial term, the term of each member is 2 years. A member may be reappointed.

4. Members of the Advisory Committee serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Committee and within the limitations of available funding, to the per diem allowance and travel expenses provided for state officers and employees generally.

5. A majority of the members of the Advisory Committee constitutes a quorum for the transaction of business, and a majority of a quorum present at any meeting is sufficient for any official action taken by the Advisory Committee.

6. The Advisory Committee shall:

(a) At its first meeting and annually thereafter, elect a Chair from among its members; and

(b) Meet at the call of the Administrator, the Chair or a majority of its members quarterly or as is necessary, within the budget of the Advisory Committee, to provide the Administrator with appropriate assistance to carry out the Arthritis Prevention and Control Program.

(Added to NRS by 2003, 1344)

NRS 439.505 Duties of Health Division. To carry out the purposes of the Arthritis Prevention and Control Program established pursuant to NRS 439.501, the Health Division shall, within the limitations of available funding:

1. Establish a solid scientific database of the most current information on the prevention of arthritis and related disabilities using information obtained through surveillance, epidemiology and research relating to the prevention of arthritis, and use the database in carrying out the Program;

2. Provide educational materials and information on research concerning matters relating to arthritis to persons with arthritis, their families, health care professionals, providers of health care and the public, including, without limitation, materials and information concerning programs and services available to the public and strategies for the prevention and control of arthritis;

3. Identify and use educational and training resources and services developed by organizations with appropriate expertise in and knowledge of arthritis, including, without limitation, any available technical assistance;

4. Increase awareness about the prevention, detection and treatment of arthritis among state and local governmental officials who are responsible for matters relating to public health, health care professionals, providers of health care and policymakers;

5. Coordinate state and local programs and services to reduce the public health burdens that result from arthritis;

6. Work to improve the quality of life of persons with arthritis and their families while containing the costs of health care services by providing lasting improvements in the delivery of health care services to persons with arthritis;

7. Work with other governmental agencies, national health organizations and their local and state chapters, community and business leaders, community organizations and providers of health care and other persons who provide services to persons with arthritis to:

(a) Coordinate the work of the Program with the work of these agencies, organizations and persons; and

(b) Maximize the resources of state and local governments in the efforts toward educating the public about arthritis, including, without limitation, preventing, detecting, managing the pain caused by, and treating arthritis;

8. Provide sufficient staff from the Health Division and provide the appropriate training and education for the staff to administer the Program;

9. Evaluate the need to improve the quality and accessibility of arthritis services that exist in communities in this state; and

10. Conduct an assessment of the services provided for persons with arthritis in this state and the public awareness in this state of issues concerning arthritis, including, without limitation:

(a) Any epidemiological and other research concerning arthritis being conducted in this state;

(b) Any available technical assistance and educational materials and programs concerning arthritis that are available nationwide or within this state;

(c) The level of public awareness and awareness of health care professionals and providers of health care concerning the prevention, detection and treatment of arthritis;

(d) The needs of persons with arthritis and their families or caregivers;

(e) The educational and other needs of providers of health care who provide services to persons with arthritis;

(f) The services and education available to persons with arthritis, including, without limitation, services for the treatment and management of arthritis;

(g) Any programs or services that improve the quality of life, lower health care costs and expand the physical capabilities of those affected by arthritis; and

(h) The existence of services for the rehabilitation of persons with arthritis.

(Added to NRS by 2003, 1344)

1. The Health Division may:

(a) Within the limitations of available funding, enter into contracts for any services necessary to carry out or assist the Health Division in carrying out NRS 439.501 to 439.507, inclusive, with public or private entities that have the appropriate expertise to provide such services;

(b) Apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 439.501 to 439.507, inclusive; and

(c) Apply for any waiver from the Federal Government that may be necessary to maximize the amount of money this state may obtain from the Federal Government to carry out the provisions of NRS 439.501 to 439.507, inclusive.

2. Any money that is appropriated to carry out the provisions of NRS 439.501 to 439.507, inclusive:

(a) Must be deposited in the State Treasury and accounted for separately in the State General Fund; and

(b) May only be used to carry out those provisions.

3. The Administrator shall administer the account. Any interest or income earned on the money in the account must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

(Added to NRS by 2003, 1346)

STATEWIDE PROGRAM FOR SUICIDE PREVENTION

NRS 439.511 Creation; purposes; employment of Coordinator; qualifications of Coordinator; duties of Coordinator.

1. There is hereby created within the office of the Director a Statewide Program for Suicide Prevention. The Department shall implement the Statewide Program for Suicide Prevention, which must, without limitation:

(a) Create public awareness for issues relating to suicide prevention;

(b) Build community networks; and

(c) Carry out training programs for suicide prevention for law enforcement personnel, providers of health care, school employees and other persons who have contact with persons at risk of suicide.

2. The Director shall employ a Coordinator of the Statewide Program for Suicide Prevention. The Coordinator:

(a) Must have at least the following education and experience:

(1) A bachelor’s degree in social work, psychology, sociology, counseling or a closely related field and 5 years or more of work experience in behavioral health or a closely related field; or

(2) A master’s degree or a doctoral degree in social work, psychology, sociology, counseling, public health or a closely related field and 2 years or more of work experience in behavioral health or a closely related field.

(b) Should have as many of the following characteristics as possible:

(1) Significant professional experience in social services, mental health or a closely related field;

(2) Knowledge of group behavior and dynamics, methods of facilitation, community development, behavioral health treatment and prevention programs, and community-based behavioral health problems;

(3) Experience in working with diverse community groups and constituents; and

(4) Experience in writing grants and technical reports.

3. The Coordinator shall:

(a) Provide educational activities to the general public relating to suicide prevention;

(b) Provide training to persons who, as part of their usual routine, have face-to-face contact with persons who may be at risk of suicide, including, without limitation, training to recognize persons at risk of suicide and providing information on how to refer those persons for treatment or supporting services, as appropriate;

(c) Develop and carry out public awareness and media campaigns in each county targeting groups of persons who are at risk of suicide;

(d) Enhance crisis services relating to suicide prevention;

(e) Link persons trained in the assessment of and intervention in suicide with schools, public community centers, nursing homes and other facilities serving persons most at risk of suicide;

(f) Coordinate the establishment of local advisory groups in each county to support the efforts of the Statewide Program;

(g) Work with groups advocating suicide prevention, community coalitions, managers of existing crisis hotlines that are nationally accredited or certified, and staff members of mental health agencies in this State to identify and address the barriers that interfere with providing services to groups of persons who are at risk of suicide, including, without limitation, elderly persons, Native Americans, youths and residents of rural communities;

(h) Develop and maintain an Internet or network site with links to appropriate resource documents, suicide hotlines that are nationally accredited or certified, licensed professional personnel, state and local mental health agencies and appropriate national organizations;

(i) Review current research on data collection for factors related to suicide and develop recommendations for improved systems of surveillance and uniform collection of data;

(j) Develop and submit proposals for funding from agencies of the Federal Government and nongovernmental organizations; and

(k) Oversee and provide technical assistance to the person employed to act as a trainer for suicide prevention pursuant to NRS 439.513.

4. As used in this section:

(a) “Internet or network site” means any identifiable site on the Internet or on a network and includes, without limitation:

(1) A website or other similar site on the World Wide Web;

(2) A site that is identifiable through a Uniform Resource Locator; and

(3) A site on a network that is owned, operated, administered or controlled by a provider of Internet service.

(b) “Systems of surveillance” means systems pursuant to which the health conditions of the general public are regularly monitored through systematic collection, evaluation and reporting of measurable information to identify and understand trends relating to suicide.

(Added to NRS by 2003, 2652)

NRS 439.513 Employment of trainer for suicide prevention; qualifications; duties.

1. The Coordinator of the Statewide Program for Suicide Prevention shall employ a person to act as a trainer for suicide prevention and facilitator for networking for Southern Nevada.

2. The trainer for suicide prevention:

(a) Must have at least the following education and experience:

(1) Three years or more of experience in providing education and training relating to suicide prevention to diverse community groups; or

(2) A bachelor’s degree, master’s degree or doctoral degree in social work, public health, psychology, sociology, counseling or a closely related field and 2 years or more of experience in providing education and training relating to suicide prevention.

(b) Should have as many of the following characteristics as possible:

(1) Significant knowledge and experience relating to suicide and suicide prevention;

(2) Knowledge of methods of facilitation, networking and community-based suicide prevention programs;

(3) Experience in working with diverse community groups and constituents; and

(4) Experience in providing suicide awareness information and suicide prevention training.

3. The trainer for suicide prevention must be based in a county whose population is 400,000 or more.

4. The trainer for suicide prevention shall:

(a) Assist the Coordinator of the Statewide Program for Suicide Prevention in disseminating and carrying out the Statewide Program in the county in which the trainer for suicide prevention is based;

(b) Provide information and training relating to suicide prevention to emergency medical personnel, providers of health care, mental health agencies, social service agencies, churches, public health clinics, school districts, law enforcement agencies and other similar community organizations in the county in which the trainer for suicide prevention is based;

(c) Assist the Coordinator of the Statewide Program for Suicide Prevention in developing and carrying out public awareness and media campaigns targeting groups of persons who are at risk of suicide in the county in which the trainer for suicide prevention is based;

(d) Assist in developing a network of community-based programs for suicide prevention in the county in which the trainer for suicide prevention is based, including, without limitation, establishing one or more local advisory groups for suicide prevention; and

(e) Facilitate the sharing of information and the building of consensuses among multiple constituent groups in the county in which the trainer for suicide prevention is based, including, without limitation, public agencies, community organizations, advocacy groups for suicide prevention, mental health providers and representatives of the various groups that are at risk for suicide.

(Added to NRS by 2003, 2653)

STATE PROGRAM FOR FITNESS AND WELLNESS

NRS 439.514 Definitions. As used in NRS 439.514 to 439.525, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.515 and 439.516 have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 232)

NRS 439.515 “Advisory Council” defined. “Advisory Council” means the Advisory Council on the State Program for Fitness and Wellness.

(Added to NRS by 2005, 232)

NRS 439.516 “Program” defined. “Program” means the State Program for Fitness and Wellness.

(Added to NRS by 2005, 232)

NRS 439.517 Establishment. Within the limits of available money, the Health Division shall establish the State Program for Fitness and Wellness to increase public knowledge and raise public awareness relating to physical fitness and wellness and to educate the residents of this State on matters relating to physical fitness and wellness, including, without limitation:

1. Programs for physical fitness;

2. Nutrition; and

3. The prevention of obesity, chronic diseases and other diseases.

(Added to NRS by 2005, 232)

NRS 439.518 Advisory Council: Establishment; appointment of members.

1. Within the limits of available money, the Health Division shall establish the Advisory Council on the State Program for Fitness and Wellness to advise and make recommendations to the Health Division concerning the Program.

2. The Administrator shall appoint to the Advisory Council the following seven members:

(a) The State Health Officer or his designee;

(b) The Superintendent of Public Instruction or his designee;

(d) One provider of health care;

(e) One representative of the Nevada Association for Health, Physical Education, Recreation and Dance or its successor organization;

(f) One representative of an organization committed to the prevention of chronic diseases; and

(g) One registered dietician.

(Added to NRS by 2005, 233)

NRS 439.519 Advisory Council: Terms; Chairman; administrative support; quorum; meetings; compensation.

1. The members of the Advisory Council serve terms of 2 years. A member may be reappointed.

2. The State Health Officer or his designee shall serve as the Chairman of the Advisory Council.

3. The Health Division shall, within the limits of available money, provide the necessary professional staff and a secretary for the Advisory Council.

4. A majority of the members of the Advisory Council constitutes a quorum to transact all business, and a majority of those present, physically or via telecommunications, must concur in any decision.

5. The Advisory Council shall, within the limits of available money, meet at the call of the Administrator, the Chairman or a majority of the members of the Advisory Council quarterly or as is necessary.

6. The members of the Advisory Council serve without compensation, except that each member is entitled, while engaged in the business of the Advisory Council and within the limits of available money, to the per diem allowance and travel expenses provided for state officers and employees generally.

(Added to NRS by 2005, 233)

NRS 439.521 Duties of Health Division. To carry out the provisions of NRS 439.514 to 439.525, inclusive, the Health Division shall, within the limits of available money, and with the advice and recommendations of the Advisory Council:

1. Establish a solid scientific database of the most current information on physical fitness, nutrition and the prevention of obesity, chronic diseases and other diseases, using information obtained through surveillance, epidemiology and research, and use the database in carrying out the Program.

2. Identify and review, in coordination with the Department of Education, existing programs related to nutrition and physical fitness, including, without limitation, programs of state and local governments, educational institutions, businesses and the general public.

3. Encourage local community efforts to increase opportunities for physical fitness.

4. Develop and coordinate a model program for proper nutrition, physical fitness and health for implementation by state employees and agencies.

5. Develop and coordinate, in cooperation with the Department of Education, recommendations for model programs to encourage proper nutrition, physical fitness and health in the schools of this State, including, without limitation, physical fitness testing which can be administered through the schools.

6. Develop and coordinate recommendations for model programs that would encourage proper nutrition, physical fitness and health among the residents of this State, including, without limitation, parents and children, senior citizens and persons with special needs.

7. Assist on projects within this State as requested by, and in coordination with, the President’s Council on Physical Fitness and Sports.

8. Identify and review methods for reducing health care costs associated with obesity, chronic diseases and other diseases.

9. Identify and review methods for increasing the effectiveness and efficiency of the workforce of this State.

10. Maintain a website to provide information on nutrition, physical fitness, health, wellness and the prevention of obesity and chronic diseases.

11. Provide educational materials and information on research concerning matters relating to physical fitness, wellness, and the prevention of obesity, chronic diseases and other diseases, including, without limitation, materials and information concerning programs and services available to the public and strategies for achieving and maintaining physical fitness and preventing obesity, chronic diseases and other diseases.

12. Solicit information from and, to the extent feasible, coordinate its efforts with:

(a) Other governmental agencies;

(b) National health organizations and their local and state chapters;

(d) Community organizations;

(e) Providers of health care;

(f) Private schools; and

(g) Other persons who provide services relating to physical fitness and wellness and the prevention of obesity, chronic diseases and other diseases.

(Added to NRS by 2005, 233)

NRS 439.522 Public hearings. The Health Division may, within the limits of available money, hold public hearings at such times and places as it determines necessary to provide the general public and representatives of governmental agencies and organizations interested in the Program or issues affecting physical fitness and wellness an opportunity to present relevant information and recommendations.

(Added to NRS by 2005, 234)

NRS 439.523 Authority of Health Division to enter into contracts. The Health Division may, within the limits of available money, enter into contracts with public or private entities that have the appropriate expertise to provide any services necessary to carry out or assist the Health Division in carrying out the provisions of NRS 439.514 to 439.525, inclusive.

(Added to NRS by 2005, 234)

NRS 439.524 Submission of annual report to Governor and Legislature. The Health Division shall, on or before January 1 of each year, prepare and submit a report to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature summarizing:

1. The findings and recommendations of the Advisory Council; and

2. The status of the Program.

(Added to NRS by 2005, 234)

NRS 439.525 Gifts, grants and contributions: Accounting; use; administration.

1. The Health Division may apply for and accept any available gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 439.514 to 439.525, inclusive.

2. Any money that is accepted by the Health Division pursuant to subsection 1 must be deposited in the State Treasury and accounted for separately in the State General Fund.

3. Except as otherwise provided by the terms of a gift, donation, bequest or grant, expenditures from the account must be made only for carrying out the provisions of NRS 439.514 to 439.525, inclusive.

4. The Administrator shall administer the account created pursuant to subsection 2. Money in the account does not lapse to the State General Fund at the end of a fiscal year. The interest and income earned on the money in the account, after deducting any applicable charges, must be credited to the account. Any claims against the account must be paid as other claims against the State are paid.

(Added to NRS by 2005, 234)

COMMITTEE ON CO-OCCURRING DISORDERS

NRS 439.526 “Co-occurring disorders” defined. As used in this section and NRS 439.527 and 439.528, unless the context otherwise requires, “co-occurring disorders” means the existence of both mental health and substance abuse disorders in the same person.

(Added to NRS by 2007, 23rd Special Session, 3)

1. There is hereby created the Committee on Co-Occurring Disorders. The Committee consists of:

(a) The Administrator of the Division of Mental Health and Developmental Services of the Department, who is an ex officio member of the Committee; and

(b) Fourteen members appointed by the Governor.

2. The Governor shall appoint to the Committee:

(a) One member who is a psychiatrist licensed to practice medicine in this State and certified by the American Board of Psychiatry and Neurology;

(b) One member who is a physician licensed pursuant to chapter 630 or 633 of NRS who is certified as an addictionologist by the American Society of Addiction Medicine;

(d) One member who is licensed as a marriage and family therapist in this State;

(e) One member who is licensed as a clinical social worker in this State;

(f) One member who is a district judge in this State;

(g) One member who is a representative of the Nevada System of Higher Education;

(h) One member who is a representative of a state or local criminal justice agency;

(i) One member who is a representative of a hospital or mental health facility in this State;

(j) One member who is a member of the Nevada Mental Health Planning Advisory Council;

(k) One member who is a representative of a program relating to mental health and the treatment of the abuse of alcohol or drugs in this State;

(l) One member who is a policy analyst in the field of mental health, substance abuse or criminal justice;

(m) One member who is a representative of persons who have used services relating to mental health, substance abuse or criminal justice in this State; and

(n) One member who is an immediate family member of a person who has used services relating to mental health, substance abuse or criminal justice in this State.

3. The members of the Committee shall elect a Chairman and Vice Chairman by a majority vote. After the initial election, the Chairman and Vice Chairman shall hold office for a term of 1 year beginning on October 1 of each year. If a vacancy occurs in the chairmanship, the members of the Committee shall elect a Chairman from among its members for the remainder of the unexpired term.

4. After the initial terms, each member of the Committee who is appointed serves for a term of 4 years. A member may be reappointed.

5. A vacancy on the Committee must be filled in the same manner as the original appointment.

6. Each member of the Committee:

(a) Serves without compensation; and

(b) While engaged in the business of the Committee, is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

7. Each member of the Committee who is an officer or employee of the State or a local government must be relieved from his duties without loss of his regular compensation so that he may prepare for and attend meetings of the Committee and perform any work necessary to carry out the duties of the Committee in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Committee to make up the time he is absent from work to carry out his duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

8. The members of the Committee shall meet at least quarterly and at the times and places specified by a call of the Chairman or a majority of the members of the Committee.

9. Eight members of the Committee constitute a quorum. The affirmative vote of a majority of the Committee members present is sufficient for any action of the Committee.

(Added to NRS by 2007, 23rd Special Session, 3)

NRS 439.528 Duties. The Committee shall:

1. Study and review issues relating to persons with co-occurring disorders.

2. Develop a policy statement confirming the commitment of this State to treatment for persons with co-occurring disorders and the expectations of this State concerning such treatment.

3. Review and recommend strategies for improving the treatment provided to persons with co-occurring disorders, including, without limitation, reducing administrative barriers to such treatment and supporting the provision of coordinated and integrated services relating to mental health, substance abuse and criminal justice to persons with co-occurring disorders.

4. Develop recommendations concerning the licensing and certification of treatment programs for persons with co-occurring disorders, including, without limitation, the standards that should be required of such programs to increase their effectiveness.

5. Develop recommendations concerning the creation of incentives for the development of treatment programs for persons with co-occurring disorders.

6. Evaluate the utilization of existing resources in this State for the treatment of persons with co-occurring disorders and develop recommendations concerning innovative funding alternatives to promote and support mental health courts, the prevention of co-occurring disorders and the coordination of integrated services in the mental health, substance abuse and criminal justice systems.

7. Identify and recommend practices and procedures to improve the effectiveness and quality of care provided in both the public and private sector to persons with co-occurring disorders.

8. Examine and develop recommendations concerning training and technical assistance that are available through the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services and other entities to support the development and implementation of a comprehensive system of care for persons with co-occurring disorders.

9. Submit on or before January 31 of each odd-numbered year a report to the Director of the Legislative Counsel Bureau for distribution to the regular session of the Legislature. The report must include, without limitation, a summary of the work of the Committee and recommendations for any necessary legislation concerning issues relating to persons with co-occurring disorders.

(Added to NRS by 2007, 23rd Special Session, 4)

PROGRAM TO TREAT PERSONS WITH HUMAN IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNODEFICIENCY SYNDROME

NRS 439.529 Administration; duties of Director; use of other programs; prohibition against commingling of money; money for program to be accounted for separately.

1. The Department may, to the extent that money is available, administer a program pursuant to 42 U.S.C. §§ 300ff-21 et seq. to provide therapeutics to treat certain persons who have been diagnosed with the human immunodeficiency virus or acquired immunodeficiency syndrome and to prevent the serious deterioration of the health of such persons. The program may include the provision of subsidies and pharmaceutical services.

2. The Director shall:

(a) Establish the criteria for eligibility for participation in the program administered pursuant to this section, which must be in accordance with the provisions of 42 U.S.C. §§ 300ff-21 et seq.; and

(b) Prescribe the manner in which the program will be administered and services will be provided.

3. The Department may use any other program administered by the Department to facilitate the provision of subsidies and services pursuant to this section, including, without limitation, the provision of subsidies for pharmaceutical services to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. If the Department uses another program to facilitate the provision of subsidies and services pursuant to this section, the Department shall not commingle the money available to carry out the provisions of this section and the money available to carry out the other program.

4. Money available to carry out the provisions of this section must be accounted for separately by the Department.

(Added to NRS by 2007, 2336)

MISCELLANEOUS PROVISIONS

NRS 439.530 Treatment by prayer, mental or spiritual means; no compulsion to submit to medical treatment. None of the provisions of this chapter or the laws of this State regulating the practice of medicine or healing shall be construed to interfere with 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, nor shall any such person be removed to any isolation hospital or camp without his consent if the sanitary and quarantine laws of the State are complied with.

[8:199:1911; added 1919, 221; 1919 RL p. 2894; NCL § 5276]

NRS 439.535 Clinic for immunization of children: Availability; immunity of personnel from criminal and civil liability.

1. Clinics for the immunization of children for the diseases enumerated in NRS 392.435, 394.192 and 432A.230 must be held by the county, city, town or district boards of health, as the case may be, not less than 1 month before the opening date of the school year in the respective counties, cities and towns within the State.

2. Qualified personnel of any clinic who administer vaccines or boosters pursuant to this section in good faith and without gross negligence are immune from civil and criminal liability.

(Added to NRS by 1979, 316)

NRS 439.537 Unlawful use of words or letters designating person as licensed or registered dietitian; penalty.

1. A person shall not use in connection with his name the words or letters “Dietitian,” “Licensed Dietitian,” “Registered Dietitian,” “L.D.,” “R.D.” or any other title, word, letter or other designation intended to designate that he is a licensed or registered dietitian without being registered with the Commission on Dietetic Registration, a member of the National Commission on Health Certifying Agencies, or its successor organization.

2. Any person who violates the provisions of this section is guilty of a misdemeanor.

(Added to NRS by 1995, 2528)

1. If a covered entity transmits electronically individually identifiable health information in compliance with the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, which govern the electronic transmission of such information, the covered entity is, for purposes of the electronic transmission, exempt from any state law that contains more stringent requirements or provisions concerning the privacy or confidentiality of individually identifiable health information.

2. A covered entity that makes individually identifiable health information available electronically pursuant to subsection 1 shall allow any person to opt out of having his individually identifiable health information disclosed electronically to other covered entities, except:

(a) As required by the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.

(b) As otherwise required by a state law.

(c) That a person who is a recipient of Medicaid or insurance pursuant to the Children’s Health Insurance Program may not opt out of having his individually identifiable health information disclosed electronically.

3. As used in this section:

(a) “Covered entity” has the meaning ascribed to it in 45 C.F.R. § 160.103.

(b) “Individually identifiable health information” has the meaning ascribed to it in 45 C.F.R. § 160.103.

(Added to NRS by 2007, 1977)

NRS 439.540 Chapter does not alter powers of Commissioner of Food and Drugs or powers of State Dairy Commission. Nothing contained in this chapter may be construed as modifying or altering the powers conferred by law upon the Commissioner of Food and Drugs with respect to the adulteration, mislabeling or misbranding of foods, drugs, medicines and liquors, or the powers conferred by law upon the State Dairy Commission with respect to the weighing and testing of dairy products to prevent fraud.

[41:199:1911; added 1939, 297; 1931 NCL § 5268.07]—(NRS A 2001, 2439)

NRS 439.550 Strict enforcement of chapter by local health officer.

1. Each local health officer is charged with the strict and thorough enforcement of the provisions of this chapter in his jurisdiction, under the supervision and direction of the Health Division.

2. Each local health officer, under the direction and supervision of the Health Division, shall enforce all provisions of law requiring the immunization of children in the public schools, private schools and child care facilities in his jurisdiction and, after consulting boards of trustees of school districts, private school officials and operators of child care facilities, shall adopt regulations for the enforcement of those provisions, including the establishment of time limits and schedules for the immunization of children at various grade levels.

3. Each local health officer shall make reports to the Health Division of any violation coming to his notice by observation or upon complaint of any person or otherwise.

[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A 1963, 942; 1969, 1018; 1979, 317)

NRS 439.560 Enforcement of chapter by public officers. All health officers, local boards of health, sheriffs, constables, policemen, marshals, all persons in charge of public buildings and institutions, and all other public officers and employees shall respect and enforce this chapter, all provisions of law requiring the immunization of children in public schools, private schools and child care facilities, and all lawful rules, orders and regulations adopted in pursuance thereof in every particular affecting their respective localities and duties.

[37:199:1911; added 1939, 297; 1931 NCL § 5268.03]—(NRS A 1979, 317)

NRS 439.565 Injunctions against violations.

1. Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter, provisions of law requiring the immunization of children in public schools, private schools and child care facilities, any regulation of the State Board of Health or any regulation of a county, district or city board of health approved by the State Board of Health pursuant to this chapter may be enjoined by any court of competent jurisdiction.

2. Actions for injunction under this section may be prosecuted by the Attorney General, any district attorney in this State or any retained counsel of any local board of health in the name and upon the complaint of the State Board of Health or any local board of health, or upon the complaint of the State Health Officer or of any local health officer or his deputy.

(Added to NRS by 1973, 315; A 1979, 317)

NRS 439.570 Health authority may report violation to district attorney or Attorney General; initiation and prosecution of action.

1. When the health authority deems it necessary, he shall report cases of violation of any of the provisions of this chapter or of provisions of law requiring the immunization of children in public schools, private schools and child care facilities, to the district attorney of the county, with a statement of the facts and circumstances. When any such case is reported to him by the health authority, the district attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law.

2. Upon request of the Health Division, the Attorney General shall assist in the enforcement of the provisions of this chapter and provisions of law requiring the immunization of children in public schools, private schools and child care facilities.

[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A 1963, 942; 1969, 1019; 1979, 317)

NRS 439.580 Penalties.

1. Any local health officer or his deputy who neglects or fails to enforce the provisions of this chapter in his jurisdiction, or neglects or refuses to perform any of the duties imposed upon him by this chapter or by the instructions and directions of the Health Division shall be punished by a fine of not more than $250.

2. Each person who violates any of the provisions of this chapter or refuses or neglects to obey any lawful order, rule or regulation of the State Board of Health or violates any rule or regulation approved by the State Board of Health pursuant to NRS 439.350, 439.366, 439.410 and 439.460 is guilty of a misdemeanor.

[Part 21:199:1911; RL § 2972; NCL § 5255] + [39:199:1911; added 1939, 297; 1931 NCL § 5268.05]—(NRS A 1963, 942; 1967, 577; 1969, 880; 1973, 314; 1979, 1469; 2005, 2467)

ADMINISTRATION OF CERTAIN PROCEEDS FROM MANUFACTURERS OF TOBACCO PRODUCTS

General Provisions

NRS 439.600 Legislative declaration.

1. The Legislature hereby declares that its priorities in expending the proceeds to the State of Nevada from settlement agreements with and civil actions against manufacturers of tobacco products are:

(a) To increase the number of Nevada students who attend and graduate from Nevada institutions of higher education; and

(b) To assist Nevada residents in obtaining and maintaining good health.

2. To further these priorities, the Legislature hereby declares that it is in the best interest of the residents of this State that all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products and all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products be dedicated solely toward the achievement of the following goals:

(a) Increasing the number of Nevada residents who enroll in and attend a university, college or community college in the State of Nevada;

(b) Reducing and preventing the use of tobacco products, alcohol and illegal drugs, especially by children;

(c) Expanding the availability of health insurance and health care for children and adults in this State, especially for children and for adults with disabilities;

(d) Assisting senior citizens and persons with disabilities who have modest incomes in purchasing prescription drugs, pharmaceutical services and, to the extent money is available, other services, including, without limitation, dental and vision services, and hearing aids or other devices that enhance the ability to hear, and assisting those senior citizens and persons with disabilities in meeting their needs related to health care, home care, respite care and their ability to live independent of institutional care; and

(e) Promoting the general health of all residents of the State of Nevada.

(Added to NRS by 1999, 2755; A 2001, 1418; 2005, 1570; 2007, 2336)

Trust Fund for Public Health

NRS 439.605 Creation and administration of Fund; permissible investments; appropriation and expenditure of interest and income.

1. The Trust Fund for Public Health is hereby created in the State Treasury. The State Treasurer shall deposit in the Trust Fund:

(a) Ten percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

(b) Ten percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.

2. The State Treasurer shall administer the Trust Fund. As administrator of the Trust Fund, the State Treasurer, except as otherwise provided in this section:

(a) Shall maintain the financial records of the Trust Fund;

(b) Shall invest the money in the Trust Fund as the money in other state funds is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the Trust Fund;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties necessary to administer the Trust Fund.

3. In addition to the investments authorized pursuant to paragraph (b) of subsection 2, the State Treasurer may, except as otherwise provided in subsection 4, invest the money in the Trust Fund in:

(a) Common or preferred stock of a corporation created by or existing under the laws of the United States or of a state, district or territory of the United States, if:

(1) The stock of the corporation is:

(I) Listed on a national stock exchange; or

(II) Traded in the over-the-counter market, if the price quotations for the over-the-counter stock are quoted by the National Association of Securities Dealers Automated Quotations System (NASDAQ);

(2) The outstanding shares of the corporation have a total market value of not less than $50,000,000;

(3) The maximum investment in stock is not greater than 50 percent of the book value of the total investments of the Trust Fund;

(4) Except for investments made pursuant to paragraph (c), the amount of an investment in a single corporation is not greater than 3 percent of the book value of the assets of the Trust Fund; and

(5) Except for investments made pursuant to paragraph (c), the total amount of shares owned by the Trust Fund is not greater than 5 percent of the outstanding stock of a single corporation.

(b) A pooled or commingled real estate fund or a real estate security that is managed by a corporate trustee or by an investment advisory firm that is registered with the Securities and Exchange Commission, either of which may be retained by the State Treasurer as an investment manager. The shares and the pooled or commingled fund must be held in trust. The total book value of an investment made under this paragraph must not at any time be greater than 5 percent of the total book value of all investments of the Trust Fund.

(c) Mutual funds or common trust funds that consist of any combination of the investments authorized pursuant to paragraph (b) of subsection 2 and paragraphs (a) and (b) of this subsection.

4. The State Treasurer shall not invest any money in the Trust Fund pursuant to subsection 3 unless the State Treasurer obtains a judicial determination that the proposed investment or category of investments will not violate the provisions of Section 9 of Article 8 of the Constitution of the State of Nevada. The State Treasurer shall contract for the services of independent contractors to manage any investments of the State Treasurer made pursuant to subsection 3. The State Treasurer shall establish such criteria for the qualifications of such an independent contractor as are appropriate to ensure that each independent contractor has expertise in the management of such investments.

5. The interest and income earned on the money in the Trust Fund is hereby appropriated to the Board of Trustees of the Trust Fund for Public Health and must, after deducting any applicable charges, be credited to the Fund and accounted for separately. All claims against the Fund must be paid as other claims against the State are paid.

6. Only the interest and income earned on the money in the Trust Fund may be expended. Such expenditures may only be made for:

(a) Grants made pursuant to NRS 439.615 for:

(1) The promotion of public health and programs for the prevention of disease or illness;

(2) Research on issues related to public health; and

(3) The provision of direct health care services to children and senior citizens;

(b) Expenses related to the operation of the Board of Trustees of the Trust Fund; and

(c) Actual costs incurred by the Health Division for providing administrative assistance to the Board, but in no event may more than 2 percent of the money in the Fund be used for administrative expenses or other indirect costs.

7. The money in the Trust Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

(Added to NRS by 1999, 2761; A 2001, 2301)

NRS 439.610 Board of Trustees of Fund: Creation; membership; election of Chairman; meetings; quorum; compensation of members; administrative support.

1. The Board of Trustees of the Trust Fund for Public Health is hereby created.

2. The Board consists of 11 members composed of:

(a) The Administrator or his designee.

(b) The State Health Officer or his designee.

(d) The Chairman of the State Board of Health or his designee.

(e) The Chairman of the Advisory Board on Maternal and Child Health or his designee.

(f) The superintendent of schools of the school district in this State that has the highest number of enrolled pupils or his designee.

(g) The county health officers of the two most populous counties in this State.

(h) One member appointed by the Nevada Association of Counties, or its successor, who serves as a county health officer in a rural area of this State.

(i) A representative of the University of Nevada School of Medicine appointed by the Dean of the School of Medicine.

(j) One member appointed by the Governor who possesses knowledge, skill and experience in providing health care services.

3. The term of a member of the Board who is appointed pursuant to paragraph (h), (i) or (j) of subsection 2 is 4 years.

4. The Board shall annually elect a Chairman from among its members. The board shall meet at least quarterly. A majority of the members constitutes a quorum, and a majority of those present must concur in any decision.

5. Each member of the Board serves without compensation. While engaged in the business of the Board, each member 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 of:

(a) A member of the Board who is an officer or employee of this State or a local government thereof must be paid by the state agency or the local government.

(b) Any other member of the Board must be paid from the interest and income earned on the money in the Trust Fund.

6. Each member of the Board who is an officer or employee of this State or a local government must be relieved from his duties without loss of his regular compensation so that he may perform his duties relating to the Board in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Board to:

(a) Make up the time he is absent from work to fulfill his obligations as a member of the Board; or

(b) Take annual leave or compensatory time for the absence.

7. The Health Division shall provide such administrative support to the Board as is required to carry out the duties of the Board.

(Added to NRS by 1999, 2762)

NRS 439.615 Board of Trustees of Fund: Powers and duties.

1. The Board of Trustees shall:

(a) In accordance with the provisions set forth in subsection 6 of NRS 439.605, develop policies and procedures for the expenditure of the interest and income earned on the money in the Trust Fund for Public Health.

(b) After deducting authorized expenses, annually make grants in a cumulative amount equal to the interest and income earned on the money in the Trust Fund for Public Health.

(c) Develop forms for requests for proposals for grants and disseminate information about the grant program. A condition of each such grant must be that not more than 8 percent of the grant may be used for administrative expenses and other indirect costs.

(d) Publish an annual report of the activities of the Board and the grants made by the Board. A copy of each such report must be transmitted to the Governor and to the Director of the Legislative Counsel Bureau for transmittal to the Legislature.

2. The Board may take such other actions as are necessary to carry out its duties and the provisions of this section and NRS 439.605 and 439.610.

(Added to NRS by 1999, 2763; A 2001, 2302)

Fund for a Healthy Nevada

NRS 439.620 Creation and administration of Fund; appropriation and expenditure of contents.

1. The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:

(a) Fifty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and

(b) Fifty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.

2. The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:

(a) Shall maintain the financial records of the Fund;

(b) Shall invest the money in the Fund as the money in other state funds is invested;

(d) Shall maintain any instruments that evidence investments made with the money in the Fund;

(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and

(f) May perform any other duties necessary to administer the Fund.

3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.

4. The State Treasurer or the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund must:

(a) Not exceed 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and

(b) Not exceed 5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging Services Division of the Department, to carry out its duties set forth in NRS 439.630, to administer the provisions of NRS 439.635 to 439.690, inclusive, and NRS 439.705 to 439.795, inclusive.

Ê For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.

5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.

6. All money that is deposited or paid into the Fund is hereby appropriated to the Department for expenditure or allocation in accordance with the provisions of NRS 439.630. Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.

(Added to NRS by 1999, 2756; A 2001, 2668; 2003, 1748; 2005, 918, 1255, 1329, 2047; 2007, 2337)

NRS 439.630 Powers and duties of Department; eligibility of veterans for certain benefits or services available to senior citizens and persons with disabilities.

1. The Department shall:

(a) Conduct, or require the Grants Management Advisory Committee created by NRS 232.383 to conduct, public hearings to accept public testimony from a wide variety of sources and perspectives regarding existing or proposed programs that:

(1) Promote public health;

(2) Improve health services for children, senior citizens and persons with disabilities;

(3) Reduce or prevent the use of tobacco;

(4) Reduce or prevent the abuse of and addiction to alcohol and drugs; and

(5) Offer other general or specific information on health care in this State.

(b) Establish a process to evaluate the health and health needs of the residents of this State and a system to rank the health problems of the residents of this State, including, without limitation, the specific health problems that are endemic to urban and rural communities, and report the results of the evaluation to the Legislative Committee on Health Care on an annual basis.

(c) Allocate not more than 30 percent of available revenues for direct expenditure by the Department to pay for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money allocated pursuant to this paragraph, the Department may subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.635 to 439.690, inclusive. The Department shall submit a quarterly report to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate regarding the general manner in which expenditures have been made pursuant to this paragraph.

(d) Allocate, by contract or grant, for expenditure not more than 30 percent of available revenues for allocation by the Aging Services Division of the Department in the form of grants for existing or new programs that assist senior citizens with independent living, including, without limitation, programs that provide:

(1) Respite care or relief of informal caretakers;

(2) Transportation to new or existing services to assist senior citizens in living independently; and

(3) Care in the home which allows senior citizens to remain at home instead of in institutional care.

Ê The Aging Services Division of the Department shall consider recommendations from the Grants Management Advisory Committee concerning the independent living needs of senior citizens.

(e) Allocate $200,000 of all revenues deposited in the Fund for a Healthy Nevada each year for direct expenditure by the Director to:

(1) Provide guaranteed funding to finance assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147; and

(2) Fund assisted living facilities that satisfy the criteria for certification set forth in NRS 319.147 and assisted living supportive services that are provided pursuant to the provisions of the home and community-based services waiver which are amended pursuant to NRS 422.2708.

Ê The Director shall develop policies and procedures for distributing the money allocated pursuant to this paragraph. Money allocated pursuant to this paragraph does not revert to the Fund at the end of the fiscal year.

(f) Allocate, by contract or grant, for expenditure not more than 15 percent of available revenues for programs that prevent, reduce or treat the use of tobacco and the consequences of the use of tobacco.

(g) Allocate, by contract or grant, for expenditure not more than 10 percent of available revenues for programs that improve health services for children.

(h) Allocate, by contract or grant, for expenditure not more than 10 percent of available revenues for programs that improve the health and well-being of persons with disabilities. In making allocations pursuant to this paragraph, the Department shall, to the extent practicable, allocate the money evenly among the following three types of programs:

(1) Programs that provide respite care or relief of informal caretakers for persons with disabilities;

(2) Programs that provide positive behavioral supports to persons with disabilities; and

(3) Programs that assist persons with disabilities to live safely and independently in their communities outside of an institutional setting.

(i) Allocate not more than 5 percent of available revenues for direct expenditure by the Department to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. The Department shall consider recommendations from the Grants Management Advisory Committee in carrying out the provisions of NRS 439.705 to 439.795, inclusive.

(j) Maximize expenditures through local, federal and private matching contributions.

(k) Ensure that any money expended from the Fund will not be used to supplant existing methods of funding that are available to public agencies.

(l) Develop policies and procedures for the administration and distribution of contracts, grants and other expenditures to state agencies, political subdivisions of this State, nonprofit organizations, universities, state colleges and community colleges. A condition of any such contract or grant must be that not more than 8 percent of the contract or grant may be used for administrative expenses or other indirect costs. The procedures must require at least one competitive round of requests for proposals per biennium.

(m) To make the allocations required by paragraphs (f), (g) and (h):

(1) Prioritize and quantify the needs for these programs;

(2) Develop, solicit and accept applications for allocations;

(3) Review and consider the recommendations of the Grants Management Advisory Committee submitted pursuant to NRS 232.385;

(4) Conduct annual evaluations of programs to which allocations have been awarded; and

(5) Submit annual reports concerning the programs to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

(n) Transmit a report of all findings, recommendations and expenditures to the Governor, each regular session of the Legislature, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

2. The Department may take such other actions as are necessary to carry out its duties.

3. To make the allocations required by paragraph (d) of subsection 1, the Aging Services Division of the Department shall:

(a) Prioritize and quantify the needs of senior citizens for these programs;

(b) Develop, solicit and accept grant applications for allocations;

(c) As appropriate, expand or augment existing state programs for senior citizens upon approval of the Interim Finance Committee;

(d) Award grants, contracts or other allocations;

(e) Conduct annual evaluations of programs to which grants or other allocations have been awarded; and

(f) Submit annual reports concerning the allocations made by the Aging Services Division pursuant to paragraph (d) of subsection 1 to the Governor, the Interim Finance Committee, the Legislative Committee on Health Care and any other committees or commissions the Director deems appropriate.

4. The Aging Services Division of the Department shall submit each proposed grant or contract which would be used to expand or augment an existing state program to the Interim Finance Committee for approval before the grant or contract is awarded. The request for approval must include a description of the proposed use of the money and the person or entity that would be authorized to expend the money. The Aging Services Division of the Department shall not expend or transfer any money allocated to the Aging Services Division pursuant to this section to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to senior citizens pursuant to NRS 439.635 to 439.690, inclusive, or to subsidize any portion of the cost of providing prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive.

5. A veteran may receive benefits or other services which are available from the money allocated pursuant to this section for senior citizens or persons with disabilities to the extent that the veteran does not receive other benefits or services provided to veterans for the same purpose if the veteran qualifies for the benefits or services as a senior citizen or a person with a disability, or both.

6. As used in this section, “available revenues” means the total revenues deposited in the Fund for a Healthy Nevada each year minus $200,000.

(Added to NRS by 1999, 2758; A 2001, 2671; 2003, 330, 1749; 2005, 366, 919, 1256, 1330, 1571, 2048, 2051; 2007, 2338)

Subsidies for Cost of Prescription Drugs, Pharmaceutical Services and Other Benefits to Senior Citizens

NRS 439.635 Definitions. As used in NRS 439.635 to 439.690, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.640, 439.645 and 439.650 have the meanings ascribed to them in those sections.

(Added to NRS by 1999, 2760)

NRS 439.640 “Household income” defined. “Household income” has the meaning ascribed to it in NRS 427A.480.

(Added to NRS by 1999, 2760; A 2001, 2661)

NRS 439.645 “Income” defined. “Income” has the meaning ascribed to it in NRS 427A.485.

(Added to NRS by 1999, 2760; A 2001, 2661)

NRS 439.650 “Senior citizen” defined. “Senior citizen” means a person who is domiciled in this state and is 62 years of age or older.

(Added to NRS by 1999, 2760)

NRS 439.655 Administration: Powers and duties of Department. The Department is responsible for the administration of the provisions of NRS 439.635 to 439.690, inclusive, and may:

1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to NRS 439.670.

2. Designate the proof that must be submitted with such a request.

3. Adopt regulations to protect the confidentiality of information supplied by a senior citizen requesting a subsidy pursuant to NRS 439.670.

4. Adopt such other regulations as may be required to carry out the provisions of NRS 439.635 to 439.690, inclusive.

(Added to NRS by 1999, 2761)

NRS 439.660 Administration: Cooperation between state and local agencies. The Department shall, in cooperation with the various counties in this State:

1. Combine all possible administrative procedures required for determining those persons who are eligible for assistance pursuant to NRS 427A.450 to 427A.600, inclusive, and 439.635 to 439.690, inclusive;

2. Coordinate the collection of information required to carry out those provisions in a manner that requires persons requesting assistance to furnish information in as few reports as possible; and

3. Design forms that may be used jointly by the Department and the various counties in this State to carry out the provisions of NRS 427A.450 to 427A.600, inclusive, and 439.635 to 439.690, inclusive.

(Added to NRS by 1999, 2761; A 2001, 2661; 2005, 1259)

1. The Department may:

(a) Enter into contracts with private insurers who transact health insurance in this State to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens by arranging for the availability, at a reasonable cost, of policies of health insurance that provide coverage to senior citizens for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear; or

(b) Subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens in any other manner.

2. Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a senior citizen who is not eligible for Medicaid and who is eligible for a subsidy that is made available pursuant to subsection 1 is entitled to an annual grant from the Fund to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, if he has been domiciled in this State for at least 1 year immediately preceding the date of his application and except as otherwise provided in subsection 5:

(a) If the senior citizen is single, his income is not over $21,500; or

(b) If the senior citizen is married, his household income is not over $28,660.

Ê The monetary amounts set forth in this subsection must be adjusted for each fiscal year by adding to each amount the product of the amount shown multiplied by the percentage increase in the Consumer Price Index from December 2002 to the December preceding the fiscal year for which the adjustment is calculated.

3. The subsidy granted pursuant to this section must not exceed the annual cost of prescription drugs, pharmaceutical services and to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, provided to the senior citizen.

4. A subsidy that is made available pursuant to subsection 1 must provide for:

(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer or as set forth by the Department; and

(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer or as set forth by the Department.

5. The Department may waive the eligibility requirement set forth in subsection 2 regarding household income upon written request of the applicant or enrollee based on one or more of the following circumstances:

(a) Illness;

(b) Disability; or

Ê An applicant or enrollee who requests such a waiver shall include with that request all medical and financial documents that support his request.

6. If the Federal Government provides any coverage for:

(a) Prescription drugs and pharmaceutical services; or

(b) Other benefits, including, without limitation, dental or vision benefits or hearing aids or other devices that enhance the ability to hear,

Ê for senior citizens who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provide assistance with prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens within the limits of the money available for this purpose in the Fund.

7. The provisions of subsections 1 to 5, inclusive, do not apply to the extent that the Department provides assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for senior citizens pursuant to subsection 6.

8. A veteran may receive assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, pursuant to this section to the extent that the veteran does not receive other services or benefits provided to veterans for the same purpose if the veteran qualifies for the assistance as a senior citizen.

(Added to NRS by 1999, 2760; A 2001, 2675; 2003, 1751, 3493; 2005, 1259, 1573; 2007, 2342)

NRS 439.670 Request for subsidy; action on request; payment of subsidy.

1. A senior citizen who wishes to receive a subsidy pursuant to NRS 439.665 must file a request therefor with the Department.

2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the Department may prescribe.

3. The Department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.

4. The Department shall determine which senior citizens are eligible to receive a subsidy pursuant to NRS 439.665 and, if the Department has entered into a contract pursuant to NRS 439.665 to provide the subsidy, pay the subsidy directly to the person or entity with whom the Department has entered into the contract.

(Added to NRS by 1999, 2760; A 2001, 2676; 2005, 1260)

NRS 439.675 Denial of request for subsidy; repayment of amount received pursuant to fraudulent request.

1. The Department shall deny any request for a subsidy received pursuant to NRS 439.670 to which the senior citizen is not entitled.

2. The Department may deny in total any request which it finds to have been filed with fraudulent intent. If any such request has been paid and is afterward denied, the amount of the subsidy must be repaid by the senior citizen to the Department.

3. Any amounts received by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Fund for a Healthy Nevada.

(Added to NRS by 1999, 2761; A 2001, 2677)

NRS 439.680 Judicial review of decision to deny request for subsidy. Any person who is aggrieved by a decision of the department denying a request for a subsidy submitted pursuant to NRS 439.670 is entitled to judicial review thereof.

(Added to NRS by 1999, 2761)

NRS 439.685 Revocation of subsidy and payment of restitution. Any subsidy granted pursuant to NRS 439.665 to a senior citizen who is not qualified for such a subsidy may be revoked by the Department. If a subsidy is so revoked, the senior citizen shall make restitution to the Department for any subsidy he has improperly received, and the Department shall take all proper actions to collect the amount of the subsidy as a debt.

(Added to NRS by 1999, 2761)

NRS 439.690 Restrictions on use of information contained in request for subsidy. No person may publish, disclose or use any personal or confidential information contained in a request for a subsidy submitted pursuant to NRS 439.670 except for purposes relating to the administration of NRS 439.635 to 439.690, inclusive.

(Added to NRS by 1999, 2761)

Subsidies for Provision of Pharmaceutical Services to Persons with Disabilities

NRS 439.705 Definitions. As used in NRS 439.705 to 439.795, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.715 and 439.725 have the meanings ascribed to them in those sections.

(Added to NRS by 2005, 1327)

NRS 439.715 “Household income” defined. “Household income” has the meaning ascribed to it in NRS 427A.480.

(Added to NRS by 2005, 1327)

NRS 439.725 “Income” defined. “Income” has the meaning ascribed to it in NRS 427A.485.

(Added to NRS by 2005, 1327)

NRS 439.735 Administration: Powers and duties of Department. The Department is responsible for the administration of the provisions of NRS 439.705 to 439.795, inclusive, and may:

1. Prescribe the content and form of a request for a subsidy required to be submitted pursuant to NRS 439.755.

2. Designate the proof that must be submitted with such a request.

3. Adopt regulations to protect the confidentiality of information supplied by a person with a disability requesting a subsidy pursuant to NRS 439.755.

4. Adopt such other regulations as may be required to carry out the provisions of NRS 439.705 to 439.795, inclusive.

(Added to NRS by 2005, 1327)

1. The Department may:

(a) Enter into contracts with private insurers who transact health insurance in this State to subsidize the cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for persons with disabilities by arranging for the availability, at a reasonable cost, of policies of health insurance that provide coverage to persons with disabilities for prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear; or

2. Within the limits of the money available for this purpose in the Fund for a Healthy Nevada, a person with a disability who is not eligible for Medicaid and who is eligible for a subsidy for the cost of prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear that is made available pursuant to subsection 1 is entitled to an annual grant from the Fund to subsidize the cost of prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, if he has been domiciled in this State for at least 1 year immediately preceding the date of his application and except as otherwise provided in subsection 5:

(a) If the person with a disability is single, his income is not over $21,500; or

(b) If the person with a disability is married, his household income is not over $28,660.

3. The subsidy granted pursuant to this section must not exceed the annual cost of prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, provided to the person with a disability.

4. A subsidy that is made available pursuant to subsection 1 must provide for:

(a) A copayment of not more than $10 per prescription drug or pharmaceutical service that is generic as set forth in the formulary of the insurer or as set forth by the Department; and

(b) A copayment of not more than $25 per prescription drug or pharmaceutical service that is preferred as set forth in the formulary of the insurer or as set forth by the Department.

(a) Illness;

(b) Disability; or

Ê An applicant or enrollee who requests such a waiver shall include with that request all medical and financial documents that support his request.

6. If the Federal Government provides any coverage for:

(a) Prescription drugs and pharmaceutical services; or

(b) Other benefits, including, without limitation, dental or vision benefits or hearing aids or other devices that enhance the ability to hear,

Ê for persons with disabilities who are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the Department may, upon approval of the Legislature, or the Interim Finance Committee if the Legislature is not in session, change any program established pursuant to NRS 439.705 to 439.795, inclusive, and otherwise provide assistance with prescription drugs, pharmaceutical services and, to the extent money is available, other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for persons with disabilities within the limits of the money available for this purpose in the Fund.

7. The provisions of subsections 1 to 5, inclusive, do not apply if the Department provides assistance with prescription drugs, pharmaceutical services and other benefits, including, without limitation, dental and vision benefits and hearing aids or other devices that enhance the ability to hear, for persons with disabilities pursuant to subsection 6.

(Added to NRS by 2005, 1327; A 2007, 2343)

NRS 439.755 Request for subsidy; action on request; payment of subsidy.

1. A person with a disability who wishes to receive a subsidy pursuant to NRS 439.745 must file a request therefor with the Department.

2. The request must be made under oath and filed in such form and content, and accompanied by such proof, as the Department may prescribe.

3. The Department shall, within 45 days after receiving a request for a subsidy, examine the request and grant or deny it.

4. The Department shall determine which persons with disabilities are eligible to receive a subsidy pursuant to NRS 439.745 and, if the Department has entered into a contract pursuant to NRS 439.745 to provide the subsidy, pay the subsidy directly to the person or entity with whom the Department has entered into the contract.

(Added to NRS by 2005, 1329)

NRS 439.765 Denial of request for subsidy; repayment of amount received pursuant to fraudulent request.

1. The Department shall deny any request for a subsidy received pursuant to NRS 439.755 to which the person with a disability is not entitled.

3. Any amounts received by the Department pursuant to this section must be deposited with the State Treasurer for credit to the Fund for a Healthy Nevada.

(Added to NRS by 2005, 1329)

NRS 439.775 Judicial review of decision to deny request for subsidy. Any person who is aggrieved by a decision of the Department denying a request for a subsidy submitted pursuant to NRS 439.755 is entitled to judicial review thereof.

(Added to NRS by 2005, 1329)

NRS 439.785 Revocation of subsidy and payment of restitution. Any subsidy granted pursuant to NRS 439.745 to a person with a disability who is not qualified for such a subsidy may be revoked by the Department. If a subsidy is so revoked, the person with a disability shall make restitution to the Department for any subsidy he has improperly received, and the Department shall take all proper actions to collect the amount of the subsidy as a debt.

(Added to NRS by 2005, 1329)

NRS 439.795 Restrictions on use of information contained in request for subsidy. No person may publish, disclose or use any personal or confidential information contained in a request for a subsidy submitted pursuant to NRS 439.755 except for purposes relating to the administration of NRS 439.705 to 439.795, inclusive.

(Added to NRS by 2005, 1329)

HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES

NRS 439.800 Definitions. As used in NRS 439.800 to 439.890, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.802 to 439.830, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 2002 Special Session, 13; A 2005, 599)

NRS 439.802 “Facility-acquired infection” defined. “Facility-acquired infection” means a localized or systemic condition which results from an adverse reaction to the presence of an infectious agent or its toxins and which was not detected as present or incubating at the time a patient was admitted to a medical facility, including, without limitation:

1. Surgical site infections;

2. Ventilator-associated pneumonia;

3. Central line-related bloodstream infections;

4. Urinary tract infections; and

5. Other categories of infections as may be established by the Administrator by regulation pursuant to NRS 439.890.

(Added to NRS by 2005, 599)

NRS 439.805 “Medical facility” defined. “Medical facility” means:

1. A hospital, as that term is defined in NRS 449.012 and 449.0151;

2. An obstetric center, as that term is defined in NRS 449.0151 and 449.0155;

3. A surgical center for ambulatory patients, as that term is defined in NRS 449.0151 and 449.019; and

4. An independent center for emergency medical care, as that term is defined NRS 449.013 and 449.0151.

(Added to NRS by 2002 Special Session, 13)

NRS 439.810 “Patient” defined. “Patient” means a person who:

1. Is admitted to a medical facility for the purpose of receiving treatment;

2. Resides in a medical facility; or

3. Receives treatment from a provider of health care.

(Added to NRS by 2002 Special Session, 13)

NRS 439.815 “Patient safety officer” defined. “Patient safety officer” means a person who is designated as such by a medical facility pursuant to NRS 439.870.

(Added to NRS by 2002 Special Session, 13)

NRS 439.820 “Provider of health care” defined. “Provider of health care” means a person who is licensed, certified or otherwise authorized by the laws of this state to administer health care in the ordinary course of the business or practice of a profession.

(Added to NRS by 2002 Special Session, 13)

NRS 439.825 “Repository” defined. “Repository” means the Repository for Health Care Quality Assurance created by NRS 439.850.

(Added to NRS by 2002 Special Session, 13)

NRS 439.830 “Sentinel event” defined. “Sentinel event” means an unexpected occurrence involving facility-acquired infection, death or serious physical or psychological injury or the risk thereof, including, without limitation, any process variation for which a recurrence would carry a significant chance of a serious adverse outcome. The term includes loss of limb or function.

(Added to NRS by 2002 Special Session, 13; A 2005, 599)

NRS 439.835 Mandatory reporting of sentinel events.

1. Except as otherwise provided in subsection 2:

(a) A person who is employed by a medical facility shall, within 24 hours after becoming aware of a sentinel event that occurred at the medical facility, notify the patient safety officer of the facility of the sentinel event; and

(b) The patient safety officer shall, within 13 days after receiving notification pursuant to paragraph (a), report the date, the time and a brief description of the sentinel event to:

(1) The Health Division; and

(2) The representative designated pursuant to NRS 439.855, if that person is different from the patient safety officer.

2. If the patient safety officer of a medical facility personally discovers or becomes aware, in the absence of notification by another employee, of a sentinel event that occurred at the medical facility, the patient safety officer shall, within 14 days after discovering or becoming aware of the sentinel event, report the date, time and brief description of the sentinel event to:

(a) The Health Division; and

(b) The representative designated pursuant to NRS 439.855, if that person is different from the patient safety officer.

3. The Administrator shall prescribe the manner in which reports of sentinel events must be made pursuant to this section.

(Added to NRS by 2002 Special Session, 13)

NRS 439.840 Reports of sentinel events: Duties of Health Division; confidentiality.

1. The Health Division shall, to the extent of legislative appropriation and authorization:

(a) Collect and maintain reports received pursuant to NRS 439.835; and

(b) Ensure that such reports, and any additional documents created from such reports, are protected adequately from fire, theft, loss, destruction and other hazards and from unauthorized access.

2. Except as otherwise provided in NRS 239.0115, reports received pursuant to NRS 439.835 are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.

(Added to NRS by 2002 Special Session, 14; A 2007, 2107)

NRS 439.845 Analysis and reporting of trends regarding sentinel events; treatment of certain information regarding corrective action by medical facility.

1. The Health Division shall, to the extent of legislative appropriation and authorization, contract with a quality improvement organization, as defined in 42 C.F.R. § 400.200, to analyze and report trends regarding sentinel events.

2. When the Health Division receives notice from a medical facility that the medical facility has taken corrective action to remedy the causes or contributing factors, or both, of a sentinel event, the Health Division shall:

(a) Make a record of the information;

(b) Ensure that the information is aggregated so as not to reveal the identity of a specific person or medical facility; and

3. A quality improvement organization to whom information is transmitted pursuant to subsection 2 shall, at least quarterly, report its findings regarding the analysis of aggregated trends of sentinel events to the Repository for Health Care Quality Assurance.

(Added to NRS by 2002 Special Session, 14)

NRS 439.850 Repository for Health Care Quality Assurance: Creation; function.

1. The Repository for Health Care Quality Assurance is hereby created within the Health Division.

2. The Repository shall, to the extent of legislative appropriation and authorization, function as a clearinghouse of information relating to aggregated trends of sentinel events.

(Added to NRS by 2002 Special Session, 14)

NRS 439.855 Notification of patients involved in sentinel events.

1. Each medical facility that is located within this state shall designate a representative for the notification of patients who have been involved in sentinel events at that medical facility.

2. A representative designated pursuant to subsection 1 shall, not later than 7 days after discovering or becoming aware of a sentinel event that occurred at the medical facility, provide notice of that fact to each patient who was involved in that sentinel event.

3. The provision of notice to a patient pursuant to subsection 2 must not, in any action or proceeding, be considered an acknowledgment or admission of liability.

4. A representative designated pursuant to subsection 1 may or may not be the same person who serves as the facility’s patient safety officer.

(Added to NRS by 2002 Special Session, 14)

NRS 439.860 Inadmissibility of certain information in administrative or legal proceeding. Any report, document and any other information compiled or disseminated pursuant to the provisions of NRS 439.800 to 439.890, inclusive, is not admissible in evidence in any administrative or legal proceeding conducted in this State.

(Added to NRS by 2002 Special Session, 15; A 2005, 600)

NRS 439.865 Patient safety plan: Development; approval; notice; compliance.

1. Each medical facility that is located within this state shall develop, in consultation with the providers of health care who provide treatment to patients at the medical facility, an internal patient safety plan to improve the health and safety of patients who are treated at that medical facility.

2. A medical facility shall submit its patient safety plan to the governing board of the medical facility for approval in accordance with the requirements of this section.

3. After a medical facility’s patient safety plan is approved, the medical facility shall notify all providers of health care who provide treatment to patients at the medical facility of the existence of the plan and of the requirements of the plan. A medical facility shall require compliance with its patient safety plan.

(Added to NRS by 2002 Special Session, 15)

NRS 439.870 Patient safety officer: Designation; duties.

1. A medical facility shall designate an officer or employee of the facility to serve as the patient safety officer of the medical facility.

2. The person who is designated as the patient safety officer of a medical facility shall:

(a) Serve on the patient safety committee.

(b) Supervise the reporting of all sentinel events alleged to have occurred at the medical facility, including, without limitation, performing the duties required pursuant to NRS 439.835.

(c) Take such action as he determines to be necessary to ensure the safety of patients as a result of an investigation of any sentinel event alleged to have occurred at the medical facility.

(d) Report to the patient safety committee regarding any action taken in accordance with paragraph (c).

(Added to NRS by 2002 Special Session, 15)

NRS 439.875 Patient safety committee: Establishment; composition; meetings; duties; proceedings and records are privileged.

1. A medical facility shall establish a patient safety committee.

2. Except as otherwise provided in subsection 3:

(a) A patient safety committee established pursuant to subsection 1 must be composed of:

(1) The patient safety officer of the medical facility.

(2) At least three providers of health care who treat patients at the medical facility, including, without limitation, at least one member of the medical, nursing and pharmaceutical staff of the medical facility.

(3) One member of the executive or governing body of the medical facility.

(b) A patient safety committee shall meet at least once each month.

3. The Administrator shall adopt regulations prescribing the composition and frequency of meetings of patient safety committees at medical facilities having fewer than 25 employees and contractors.

4. A patient safety committee shall:

(a) Receive reports from the patient safety officer pursuant to NRS 439.870.

(b) Evaluate actions of the patient safety officer in connection with all reports of sentinel events alleged to have occurred at the medical facility.

(c) Review and evaluate the quality of measures carried out by the medical facility to improve the safety of patients who receive treatment at the medical facility.

(d) Make recommendations to the executive or governing body of the medical facility to reduce the number and severity of sentinel events that occur at the medical facility.

(e) At least once each calendar quarter, report to the executive or governing body of the medical facility regarding:

(1) The number of sentinel events that occurred at the medical facility during the preceding calendar quarter; and

(2) Any recommendations to reduce the number and severity of sentinel events that occur at the medical facility.

5. The proceedings and records of a patient safety committee are subject to the same privilege and protection from discovery as the proceedings and records described in NRS 49.265.

(Added to NRS by 2002 Special Session, 15)

NRS 439.880 Immunity from criminal and civil liability. No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if he, without malice:

1. Reports a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

2. Notifies a governmental entity with jurisdiction or another appropriate authority of a sentinel event;

3. Transmits information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority;

4. Compiles, prepares or disseminates information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority; or

5. Performs any other act authorized pursuant to NRS 439.800 to 439.890, inclusive.

(Added to NRS by 2002 Special Session, 16; A 2005, 600)

NRS 439.885 Violation by medical facility: Administrative sanction prohibited when voluntarily reported. If a medical facility:

1. Commits a violation of any provision of NRS 439.800 to 439.890, inclusive, or for any violation for which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable; and

2. Of its own volition, reports the violation to the Administrator,

Ê such a violation must not be used as the basis for imposing an administrative sanction pursuant to NRS 449.163.

(Added to NRS by 2002 Special Session, 16; A 2005, 600)

NRS 439.890 Adoption of regulations. The Administrator shall adopt such regulations as the Administrator determines to be necessary or advisable to carry out the provisions of NRS 439.800 to 439.890, inclusive.

(Added to NRS by 2002 Special Session, 16; A 2005, 600)

WEBSITE FOR INFORMATION CONCERNING PRICE OF COMMONLY PRESCRIBED DRUGS

NRS 439.900 “Pharmacy” defined. As used in NRS 439.900 to 439.940, inclusive, unless the context otherwise requires, “pharmacy” means every store or shop licensed by the State Board of Pharmacy where drugs, controlled substances, poisons, medicines or chemicals are stored or possessed, or dispensed or sold at retail, or displayed for sale at retail, or where prescriptions are compounded or dispensed. The term does not include an institutional pharmacy as defined in NRS 639.0085.

(Added to NRS by 2007, 3137)

NRS 439.905 Organization representing interests of retail merchants to prepare and update list of most commonly prescribed drugs or generic equivalents. The organization with the largest membership in this State which represents the interests of retail merchants, as determined by the Department, shall:

1. Prepare a list of not less than the 100 brand name prescription drugs or generic equivalents most commonly prescribed to residents of this State; and

2. At least once each calendar year, update the list prepared pursuant to subsection 1 and transmit the list to the Department.

(Added to NRS by 2007, 3137)

NRS 439.910 Pharmacies to provide to Department contact information, electronic mail address and address of Internet website; exceptions.

1. Except as otherwise provided in subsections 2 and 3, each pharmacy shall, in accordance with the regulations adopted pursuant to NRS 439.930, provide to the Department:

(a) Information that a consumer may use to locate, contact or otherwise do business with the pharmacy, including, without limitation:

(1) The name of the pharmacy;

(2) The physical address of the pharmacy; and

(3) The phone number of the pharmacy;

(b) If the pharmacy maintains an electronic mail address, the electronic mail address of the pharmacy; and

2. If a pharmacy is not located within the State of Nevada, the pharmacy may, but is not required to, provide to the Department the information described in subsection 1.

3. If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the parent company or corporation may provide to the Department the information described in subsection 1.

(Added to NRS by 2007, 3137)

1. Except as otherwise provided in subsection 2, the Department shall:

(a) Place or cause to be placed on the Internet website maintained by the Department the information provided by each pharmacy pursuant to NRS 439.910;

(b) Ensure that the information provided by each pharmacy pursuant to NRS 439.910 and placed on the Internet website maintained by the Department is organized so that each individual pharmacy has its own separate entry on that website; and

(c) Ensure that the usual and customary price that each pharmacy charges for each prescription drug that is on the list prepared pursuant to NRS 439.905 and that is stocked by the pharmacy:

(1) Is presented on the Internet website maintained by the Department in a manner which complies with the requirements of NRS 439.920; and

(2) Is updated not less frequently than once each calendar quarter.

Ê Nothing in this subsection prohibits the Department from determining the usual and customary price that a pharmacy charges for a prescription drug by extracting or otherwise obtaining such information from claims reported by pharmacies to the Medicaid program.

2. If a pharmacy is part of a larger company or corporation or a chain of pharmacies or retail stores, the Department may present the pricing information pertaining to such a pharmacy in such a manner that the pricing information is combined with the pricing information relative to other pharmacies that are part of the same company, corporation or chain, to the extent that the pricing information does not differ among those pharmacies.

3. The Department may establish additional or alternative procedures by which a consumer who is unable to access the Internet or is otherwise unable to receive the information described in subsection 1 in the manner in which it is presented by the Department may obtain that information:

(a) In the form of paper records;

(b) Through the use of a telephonic system; or

(c) Using other methods or technologies designed specifically to assist consumers who are hearing impaired or visually impaired.

4. As used in this section, “usual and customary price” means the usual and customary charges that a provider charges to the general public for a drug, as described in 42 C.F.R. § 447.331.

(Added to NRS by 2007, 3138)

NRS 439.920 Manner of presentation of information.

1. Except as otherwise provided in this section, the Department shall ensure that the list of prescription drugs prepared pursuant to NRS 439.905 and the information that pharmacies and the Department provide and obtain pursuant to NRS 439.910 and 439.915 are combined and presented to consumers in such a manner that a consumer may easily compare the prices for particular prescription drugs, and their generic equivalents, that are currently charged by:

(a) Pharmacies located within the same city, county or zip code in which the consumer resides;

(b) Internet pharmacies; and

Ê The requirements of paragraphs (b) and (c) apply only to the extent that information regarding such pharmacies is made available to the Department.

2. As used in this section, “Internet pharmacy” has the meaning ascribed to it in NRS 639.00865.

(Added to NRS by 2007, 3138)

NRS 439.925 Immunity from civil and criminal liability. The Department and its members, officers and employees are not liable civilly or criminally for any act, omission, error or technical problem that results in:

1. The failure to provide to consumers information regarding a pharmacy, including, without limitation, the prices charged by the pharmacy for the prescription drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905; or

2. The providing to consumers of incorrect information regarding a pharmacy, including, without limitation, the prices charged by the pharmacy for the prescription drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905.

(Added to NRS by 2007, 3139)

NRS 439.930 Regulations. The Department shall adopt such regulations as it determines to be necessary or advisable to carry out the provisions of NRS 439.900 to 439.940, inclusive. Such regulations must provide for, without limitation:

1. Notice to consumers stating that:

(a) Although the Department will strive to ensure that consumers receive accurate information regarding pharmacies, including, without limitation, the prices charged by those pharmacies for the prescription drugs and generic equivalents that are on the list prepared pursuant to NRS 439.905, the Department is unable to guarantee the accuracy of such information;

(b) If a consumer follows an Internet link from the Internet website maintained by the Department to an Internet website maintained by a pharmacy, the Department is unable to guarantee the accuracy of any information made available on the Internet website maintained by the pharmacy; and

(c) The Department advises consumers to contact a pharmacy directly to verify the accuracy of any information regarding the pharmacy which is made available to consumers pursuant to NRS 439.900 to 439.940, inclusive;

2. Procedures adopted cooperatively with the Office of the Governor to direct consumers who have questions regarding the program described in NRS 439.900 to 439.940, inclusive, to contact the Office for Consumer Health Assistance in the Office of the Governor;

3. Provisions in accordance with which the Department will allow an Internet link to the information provided by each pharmacy pursuant to NRS 439.910 and made available on the Department’s Internet website to be placed on other Internet websites managed or maintained by other persons and entities, including, without limitation, Internet websites managed or maintained by:

(a) Other governmental entities, including, without limitation, the State Board of Pharmacy and the Office of the Governor; and

(b) Nonprofit organizations and advocacy groups;

4. Procedures pursuant to which consumers and pharmacies may report to the Department that information made available to consumers pursuant to NRS 439.900 to 439.940, inclusive, is inaccurate;

5. The form and manner in which pharmacies are to provide to the Department the information described in NRS 439.910; and

6. Standards and criteria pursuant to which the Department may remove from its Internet website information regarding a pharmacy or an Internet link to the Internet website maintained by a pharmacy, or both, if the Department determines that the pharmacy has:

(a) Ceased to be licensed and in good standing pursuant to chapter 639 of NRS; or

(b) Engaged in a pattern of providing to consumers information that is false or would be misleading to reasonably informed persons.

(Added to NRS by 2007, 3139)

NRS 439.935 Suspension of components of program or duties of Department if sufficient money not available; acceptance of gifts and grants.

1. On or before July 1 of each odd-numbered year, the Department shall make a determination of whether sufficient money is available and authorized for expenditure to fund one or more components of the programs and other duties of the Department relating to NRS 439.900 to 439.940, inclusive.

2. The Department shall temporarily suspend any components of the program or duties of the Department for which it determines pursuant to subsection 1 that sufficient money is not available.

3. The Department may apply for and accept any available grants and may accept any bequests, devises, donations or gifts from any public or private source to carry out the provisions of NRS 439.900 to 439.940, inclusive.

(Added to NRS by 2007, 3140)

NRS 439.940 Penalty for failure to provide information to Department. If a pharmacy that is licensed under the provisions of chapter 639 of NRS and is located within the State of Nevada fails to provide to the Department the information required to be provided pursuant to NRS 439.910 or fails to provide such information on a timely basis, and the failure was not caused by excusable neglect, technical problems or other extenuating circumstances, the Department may impose against the pharmacy an administrative penalty of not more than $500 for each day of such failure.

(Added to NRS by 2007, 3140)