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2005 Nevada Revised Statutes - Chapter 457 — Cancer

CHAPTER 457 - CANCER

GENERAL PROVISIONS

NRS 457.010 Legislativedeclaration.

NRS 457.020 Definitions.

NRS 457.065 Adoptionof regulations for administration of chapter.

NRS 457.070 Dutiesof Health Division.

NRS 457.075 Designationof official cancer institute.

REGULATION OF DRUGS, MEDICINES, COMPOUNDS OR DEVICES USED INTHE DIAGNOSIS, TREATMENT OR CURE OF CANCER

NRS 457.080 Testingof medicine or device; furnishing sample or information on request.

NRS 457.100 Investigationor testing of product is not endorsement of product; representation ofendorsement by Health Division prohibited.

NRS 457.110 HealthDivision may issue cease and desist order after investigation or testing.

NRS 457.120 Useof facilities and findings in conducting investigation or test.

NRS 457.130 Contractfor investigation by qualified scientists.

NRS 457.140 Findingby Health Division prerequisite to issuance of cease and desist order.

NRS 457.150 Issuanceof injunction to restrain violation of cease and desist order.

NRS 457.160 Prohibitionagainst use by person enjoined of new medicine or device before submission forinvestigation and testing.

NRS 457.170 Publicationof report of investigation or test.

NRS 457.180 Reportof Health Division.

OPERATION OF RADIATION MACHINE FOR MAMMOGRAPHY

NRS 457.182 Definitions.

NRS 457.183 Requirementsfor operation of radiation machine for mammography; qualifications forcertificate of authorization; expiration of certificate; requirements forcontinuing education; fee for renewal. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 457.183 Requirementsfor operation of radiation machine for mammography; qualifications forcertificate of authorization; expiration of certificate; requirements forcontinuing education; fee for renewal. [Effective on the date of the repeal ofthe federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

NRS 457.1833 Paymentof child support: Statement by applicant for certificate of authorization;grounds for denial of certificate of authorization; duty of Health Division.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 457.1837 Suspensionof certificate of authorization for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of certificate of authority.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 457.184 Issuanceof certificate of authorization for radiation machine for mammography;expiration of certificate; fees.

NRS 457.185 Actionon application for certificate of authorization; withdrawal of certificate.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child support arrearagesand for noncompliance with certain processes relating to paternity or childsupport proceedings.]

NRS 457.185 Actionon application for certificate of authorization; withdrawal of certificate.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 457.186 Hearingon denial or withdrawal of certificate of authorization.

NRS 457.187 Administrativefine.

ENFORCEMENT AND PENALTIES

NRS 457.190 Cooperationof county health officer, district attorney and Attorney General with HealthDivision for enforcement of chapter.

NRS 457.200 Penaltyfor violation of chapter.

NRS 457.210 Penaltyfor false representation of device, substance or treatment as effective toarrest or cure cancer.

NRS 457.220 Penaltyfor third and subsequent conviction of violation of chapter; exception.

REPORTING AND ANALYZING INFORMATION ON CANCER

NRS 457.230 Establishmentand maintenance of system for reporting information; objectives; personsrequired to report information.

NRS 457.240 Regulationsof State Board of Health.

NRS 457.250 Recordsof health care facility: Availability to State Health Officer; abstracting ofinformation; fees; penalty.

NRS 457.260 Publicationof reports; provision of data.

NRS 457.265 Analysisof information, records and reports; investigation of trends.

NRS 457.270 Consentrequired before disclosure of identity of patient, physician or health carefacility.

NRS 457.280 Limitationon civil and criminal liability.

TASK FORCE ON PROSTATE CANCER

NRS 457.300 TaskForce defined.

NRS 457.310 Creation;membership; vacancies; annual report.

NRS 457.320 Chairman;meetings; quorum; terms and compensation of members.

NRS 457.330 Generalduties.

NRS 457.340 Administrativesupport by Director of Department of Health and Human Services.

TASK FORCE ON CERVICAL CANCER

NRS 457.350 TaskForce defined.

NRS 457.360 Creation;membership; vacancies; annual report.

NRS 457.370 Chairman;meetings; quorum; terms and compensation of members.

NRS 457.380 Generalduties.

NRS 457.390 Administrativesupport by Director of Department of Health and Human Services.

_________

GENERAL PROVISIONS

NRS 457.010 Legislativedeclaration. The effective diagnosis, care,treatment and cure of persons suffering from cancer is affected with the publicinterest. Vital statistics indicate that approximately 16 percent of the annualtotal deaths in the United States result from one or another of the forms ofcancer. It is established that accurate and early diagnosis of many forms ofcancer, followed by prompt application of methods of treatment which arescientifically proven, either materially reduces the likelihood of death fromcancer or may materially prolong the useful life of individuals sufferingtherefrom. It is, therefore, in the interest of members of the public that theybe afforded full and accurate knowledge of the facilities and methods used forthe diagnosis, treatment and cure of cancer which are available in this stateand, to that end, that there be provided means for testing and investigatingcancer devices, drugs, compounds and other agents, and that the members of thepublic be informed of facts for their protection from misrepresentation in suchmatters.

(Added to NRS by 1960, 62)

NRS 457.020 Definitions. As used in this chapter, unless the context requiresotherwise:

1. Cancer means all malignant neoplasms, regardlessof the tissue of origin, including malignant lymphoma and leukemia.

2. Health care facility has the meaning ascribed toit in NRS 449.800 and also includesfreestanding facilities for plastic reconstructive, oral and maxillofacial surgery.

3. Health Division means the Health Division of theDepartment of Health and Human Services.

(Added to NRS by 1960, 62; A 1963, 965; 1967, 1174;1973, 1406; 1977, 1221; 1993, 174)

NRS 457.065 Adoptionof regulations for administration of chapter. TheState Board of Health shall adopt regulations for the administration of thischapter which include, without limitation, standards for the:

1. Training and performance of a person who operates aradiation machine for mammography which are at least as stringent as therequirements for accreditation established by the American College ofRadiology.

2. Inspection and authorization of a radiation machinefor mammography which are at least as stringent as the requirements foraccreditation established by the American College of Radiology.

(Added to NRS by 1985, 114; A 1991, 904)

NRS 457.070 Dutiesof Health Division. The Health Division shall:

1. Investigate violations of this chapter.

2. Investigate and test the content, method ofpreparation and use of any drug, medicine, compound or device proposed to beused or used by any person or association in the State for the diagnosis,treatment or cure of cancer.

3. Make findings of fact upon completion of anytesting or investigation authorized by this chapter.

4. Hold hearings for the purpose of determiningwhether any of the provisions of this chapter have been violated.

5. Contract with independent scientific consultantsfor specialized services and advice.

(Added to NRS by 1960, 63; A 1963, 965; 1977, 1221;1983, 1678; 1985, 114)

NRS 457.075 Designationof official cancer institute. The NevadaCancer Institute is hereby designated as the official cancer institute of theState of Nevada.

(Added to NRS by 2003, 2530)

REGULATION OF DRUGS, MEDICINES, COMPOUNDS OR DEVICES USEDIN THE DIAGNOSIS, TREATMENT OR CURE OF CANCER

NRS 457.080 Testingof medicine or device; furnishing sample or information on request. Upon the written request of the Health Division, deliveredpersonally or by registered mail, any person or association engaged orrepresenting himself or itself as engaged in the diagnosis, treatment or cureof cancer shall furnish the Health Division with such sample as the HealthDivision may require of any drug, medicine, compound or device used orprescribed by such person or association, in the treatment or cure of cancer,and shall specify the formula of any such drug or compound used and name allingredients by their common or usual name, and shall, upon like request by theHealth Division, furnish such necessary information as the Health Division mayrequest as to the composition and method of preparation of and the use to whichany such drug, compound or device is being put by such person or association.

(Added to NRS by 1960, 63)

NRS 457.090 Statementconcerning nature and content of drug, medicine or device to be furnishedperson before treatment; Health Division may require statement to be posted inoffice or room for treatment. After aninvestigation by the Health Division of the content or composition of any drug,medicine, compound or device used by any person or association in thediagnosis, treatment or cure of cancer, the Health Division shall direct thatany such person or association shall, prior to prescribing, recommending ormaking use of any such drug, medicine, compound or device in the treatment ofany person, furnish such person with a statement as to the nature and contentof such drug, medicine, compound or device. The Health Division may alsorequire that such person or association post in a conspicuous place in his orits office or treatment rooms a like statement as to the nature and content ofsuch drug, medicine, compound or device in the form and size prescribed by theHealth Division.

(Added to NRS by 1960, 63; A 1977, 1222)

NRS 457.100 Investigationor testing of product is not endorsement of product; representation ofendorsement by Health Division prohibited. Theinvestigation or testing of any product by the Health Division is not anendorsement of the qualifications or value of such product, and a person shallnot make any representation that investigation or testing constitutes anapproval or endorsement of his activities by the Health Division.

(Added to NRS by 1960, 64; A 1977, 1222)

NRS 457.110 HealthDivision may issue cease and desist order after investigation or testing. After investigation or testing by the Health Division ofthe content or composition of any drug, medicine, compound or device used byany person or association in the diagnosis, treatment or cure of cancer, theHealth Division may direct that such person or association cease and desist anyfurther prescribing, recommending or use of any such drug, medicine, compoundor device or substantially similar drugs, medicines, compounds or devices inthe diagnosis or treatment of cancer.

(Added to NRS by 1960, 64; A 1977, 1222)

NRS 457.120 Useof facilities and findings in conducting investigation or test. In the investigation or testing required by this chapterto determine the value of any drug, medicine, compound or device used in thediagnosis, treatment or cure of cancer, the Health Division shall, as it deemsnecessary or advisable, utilize the facilities and findings of its ownlaboratories or other appropriate laboratories within the State, or thefacilities and findings of the Federal Government, including the National CancerInstitute.

(Added to NRS by 1960, 64)

NRS 457.130 Contractfor investigation by qualified scientists. TheHealth Division shall arrange by contract for investigation by and submissionto it of findings, conclusions or opinions of trained scientists in theappropriate departments of universities and medical schools and other qualifiedscientists.

(Added to NRS by 1960, 64; A 1977, 1222)

NRS 457.140 Findingby Health Division prerequisite to issuance of cease and desist order. Prior to the issuance of a cease and desist order underthis chapter, the Health Division shall make a written finding of fact based onsuch investigation that the drug, medicine, compound or device so investigatedhas been found to be of no value in the diagnosis, treatment or cure of cancer.

(Added to NRS by 1960, 64; A 1977, 1222)

NRS 457.150 Issuanceof injunction to restrain violation of cease and desist order. If any person or association, after service upon him or itof a cease and desist order issued by the Health Division under this chapter,persists in prescribing, recommending or using the drug, medicine, compound ordevice described in the order, any district court, on application of the HealthDivision, may issue an injunction or other appropriate order restraining suchperson or association from prescribing, recommending or using such drug,medicine, compound or device or any substantially similar drug, medicine,compound or device.

(Added to NRS by 1960, 64)

NRS 457.160 Prohibitionagainst use by person enjoined of new medicine or device before submission forinvestigation and testing. No person or associationagainst whom an injunction has been issued under NRS 457.150 may use any new or unapproveddrug, medicine, compound or device in the diagnosis, treatment or cure ofcancer unless such drug, medicine, compound or device has been first submittedto the Health Division for investigation and testing.

(Added to NRS by 1960, 64)

NRS 457.170 Publicationof report of investigation or test. The HealthDivision may publish reports based on its investigation or testing of any drug,medicine, compound or device prescribed, recommended or used by any person orassociation, and if the Health Division determines that the use of any drug,medicine, compound or device in the diagnosis, treatment or cure of cancerconstitutes an imminent danger to health or a gross deception of the public,the Health Division may take appropriate steps to publicize the danger ordeception involved in such use. No such report is admissible in evidence in anycriminal prosecution.

(Added to NRS by 1960, 65; A 1963, 965; 1977, 1223)

NRS 457.180 Reportof Health Division. The Health Division shallsubmit to the Director of the Department of Health and Human Services, forsubmission to the Legislature at each regular session, a report of itsactivities during the preceding biennium.

(Added to NRS by 1960, 65; A 1963, 966; 1967, 1174;1973, 1406)

OPERATION OF RADIATION MACHINE FOR MAMMOGRAPHY

NRS 457.182 Definitions. As used in NRS 457.182to 457.187, inclusive, unless thecontext otherwise requires:

1. Mammography means radiography of the breast toenable a physician to determine the presence, size, location and extent ofcancerous or potentially cancerous tissue in the breast.

2. Radiation means radiant energy which exceedsnormal background levels and which is used in radiography.

3. Radiography means the making of a film or otherrecord of an internal structure of the body by passing X rays or gamma raysthrough the body to act on film or other receptor of images.

(Added to NRS by 1991, 902; A 1997, 2058)

NRS 457.183 Requirementsfor operation of radiation machine for mammography; qualifications forcertificate of authorization; expiration of certificate; requirements forcontinuing education; fee for renewal. [Effective until the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

1. A person shall not operate a radiation machine formammography unless he:

(a) Has a certificate of authorization to operate aradiation machine issued by the Health Division; or

(b) Is licensed pursuant to chapter630 or 633 of NRS.

2. To obtain a certificate of authorization to operatea radiation machine for mammography, a person must:

(a) Submit an application to the Health Division on aform provided by the Health Division and provide any additional informationrequired by the Health Division;

(b) Be certified by the American Registry of RadiologicTechnologists or meet the standards established by the Health Division pursuantto subsection 1 of NRS 457.065;

(c) Pass an examination if the Health Divisiondetermines that an examination for certification is necessary to protect thehealth and safety of the residents of this State;

(d) Submit the statement required pursuant to NRS 457.1833; and

(e) Pay the fee required by the Health Division, whichmust be calculated to cover the administrative costs directly related to theprocess of issuing the certificates.

3. An application for the issuance of a certificate ofauthorization to operate a radiation machine for mammography must include thesocial security number of the applicant.

4. The Health Division shall certify a person tooperate a radiation machine for mammography if the person complies with theprovisions of subsection 2 and meets the standards adopted pursuant tosubsection 1 of NRS 457.065.

5. A certificate of authorization to operate aradiation machine for mammography expires 3 years after the date on which itwas issued unless it is renewed before that date. The Health Division shallrequire continuing education as a prerequisite to the renewal of a certificateand shall charge a fee for renewal that is calculated to cover theadministrative costs directly related to the renewal of a certificate.

6. A person who is certified to operate a radiationmachine for mammography pursuant to this section shall not operate such amachine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.

(Added to NRS by 1991, 902; A 1997, 2058)

NRS 457.183 Requirements for operation ofradiation machine for mammography; qualifications for certificate ofauthorization; expiration of certificate; requirements for continuingeducation; fee for renewal. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

1. A person shall not operate a radiation machine formammography unless he:

(a) Has a valid certificate of authorization to operatea radiation machine issued by the Health Division; or

(b) Is licensed pursuant to chapter630 or 633 of NRS.

2. To obtain a certificate of authorization to operatea radiation machine for mammography, a person must:

(a) Submit an application to the Health Division on aform provided by the Health Division and provide any additional informationrequired by the Health Division;

(b) Be certified by the American Registry of RadiologicTechnologists or meet the standards established by the Health Division pursuantto subsection 1 of NRS 457.065;

(c) Pass an examination if the Health Divisiondetermines that an examination for certification is necessary to protect thehealth and safety of the residents of this state; and

(d) Pay the fee required by the Health Division whichmust be calculated to cover the administrative costs directly related to theprocess of issuing the certificates.

3. The Health Division shall certify a person tooperate a radiation machine for mammography if the person complies with theprovisions of subsection 2 and meets the standards adopted pursuant tosubsection 1 of NRS 457.065.

4. A certificate of authorization to operate aradiation machine for mammography expires 3 years after the date on which itwas issued unless renewed before that date. The Health Division shall requirecontinuing education as a prerequisite to renewal of a certificate and shallcharge a fee for renewal that is calculated to cover the administrative costsdirectly related to the renewal of a certificate.

5. A person who is certified to operate a radiationmachine for mammography pursuant to this section shall not operate such amachine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.

(Added to NRS by 1991, 902; A 1997, 2058, effectiveon the date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

1. An applicant for the issuance or renewal of acertificate of authorization to operate a radiation machine for mammographyshall submit to the Health Division the statement prescribed by the Division ofWelfare and Supportive Services of the Department of Health and Human Servicespursuant to NRS 425.520. The statementmust be completed and signed by the applicant.

2. The Health Division shall include the statementrequired pursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the certificate; or

(b) A separate form prescribed by the Health Division.

3. A certificate of authorization to operate aradiation machine for mammography may not be issued or renewed by the HealthDivision if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Health Division shalladvise the applicant to contact the district attorney or other public agencyenforcing the order to determine the actions that the applicant may take tosatisfy the arrearage.

(Added to NRS by 1997, 2057)

1. If the Health Division receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational andrecreational licenses, certificates and permits issued to a person who is theholder of a certificate of authorization to operate a radiation machine formammography, the Health Division shall deem the certificate issued to thatperson to be suspended at the end of the 30th day after the date on which thecourt order was issued unless the Health Division receives a letter issued tothe holder of the certificate by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder of the certificate has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Health Division shall reinstate a certificateof authorization to operate a radiation machine for mammography that has beensuspended by a district court pursuant to NRS425.540 if the Health Division receives a letter issued by the districtattorney or other public agency pursuant to NRS425.550 to the person whose certificate was suspended stating that theperson whose certificate was suspended has complied with the subpoena orwarrant or has satisfied the arrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2057)

NRS 457.184 Issuanceof certificate of authorization for radiation machine for mammography;expiration of certificate; fees.

1. The owner, lessee or other responsible person shallnot operate or allow to be operated a radiation machine for mammography unlesshe:

(a) Has a valid certificate of authorization from theHealth Division for the machine; and

(b) Is accredited by the American College of Radiologyor meets the standards established by the Health Division pursuant tosubsection 2 of NRS 457.065.

2. To obtain a certificate of authorization from theHealth Division for a radiation machine for mammography, a person must:

(a) Submit an application to the Health Division on aform provided by the Health Division and provide any additional information requiredby the Health Division;

(b) Provide any additional information required by theHealth Division; and

(c) Pay the fee required by the Health Division whichmust be calculated to cover the administrative costs directly related to theprocess of issuing the certificates.

3. After an inspection, the Health Division shallissue a certificate of authorization for a radiation machine for mammography ifthe machine:

(a) Meets the standards adopted by the State Board ofHealth pursuant to subsection 2 of NRS457.065;

(b) Is specifically designed to perform mammography;and

4. A certificate of authorization for a radiationmachine for mammography expires 1 year after the date on which it was issuedunless renewed before that date. The Health Division may require an inspectionof the machine as a prerequisite to renewal of a certificate and shall charge afee for renewal that is calculated to cover the administrative costs directlyrelated to the process of renewing certificates.

5. A person who owns or leases or is otherwiseresponsible for more than one radiation machine for mammography shall obtain acertificate of authorization for each radiation machine.

(Added to NRS by 1991, 903)

NRS 457.185 Actionon application for certificate of authorization; withdrawal of certificate.[Effective until the date of the repeal of the federal law requiring each stateto establish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

1. The Health Division shall grant or deny anapplication for a certificate of authorization to operate a radiation machinefor mammography or a certificate of authorization for a radiation machine formammography within 4 months after receipt of a complete application.

2. The Health Division shall withdraw the certificateof authorization to operate a radiation machine for mammography if it findsthat the person violated the provisions of subsection 6 of NRS 457.183.

3. The Health Division shall deny or withdraw thecertificate of authorization of a radiation machine for mammography if it findsthat the owner, lessee or other responsible person violated the provisions ofsubsection 1 of NRS 457.184.

4. If a certificate of authorization to operate aradiation machine for mammography or a certificate of authorization for aradiation machine for mammography is withdrawn, a person must apply for thecertificate in the manner provided for an initial certificate.

(Added to NRS by 1991, 903; A 1997, 2059)

NRS 457.185 Action on application for certificateof authorization; withdrawal of certificate. [Effective on the date of the repealof the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

2. The Health Division shall withdraw the certificateof authorization to operate a radiation machine for mammography if it findsthat the person violated the provisions of subsection 5 of NRS 457.183.

(Added to NRS by 1991, 903; A 1997, 2059, effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings)

NRS 457.186 Hearingon denial or withdrawal of certificate of authorization. Upon request, the Health Division shall hold anadministrative hearing concerning the denial or withdrawal of an applicationfor a certificate of authorization to operate a radiation machine formammography or a certificate of authorization for a radiation machine formammography.

(Added to NRS by 1991, 904)

NRS 457.187 Administrativefine.

1. The Health Division may impose an administrativefine, not to exceed $5,000, against the owner, lessee or other personresponsible for a radiation machine for mammography for a violation of theprovisions of NRS 457.182 to 457.186, inclusive, or for a violation of aregulation adopted pursuant thereto.

2. Any money collected as a result of anadministrative fine imposed pursuant to subsection 1 must be deposited in theState General Fund.

(Added to NRS by 1991, 904)

ENFORCEMENT AND PENALTIES

NRS 457.190 Cooperationof county health officer, district attorney and Attorney General with HealthDivision for enforcement of chapter. Countyhealth officers, district attorneys and the Attorney General shall cooperatewith the Health Division in the enforcement of the provisions of this chapter.

(Added to NRS by 1960, 65)

NRS 457.200 Penaltyfor violation of chapter. The failure of anyperson or association, representing himself or itself as engaged in the diagnosis,treatment or cure of cancer, to comply with any of the provisions of thischapter, or with any order of the Health Division validly issued under thischapter, is a misdemeanor.

(Added to NRS by 1960, 65)

NRS 457.210 Penaltyfor false representation of device, substance or treatment as effective toarrest or cure cancer. Every person convictedof willfully and falsely representing a device, substance or treatment aseffective to arrest or cure cancer is guilty of a misdemeanor.

(Added to NRS by 1960, 65)

NRS 457.220 Penaltyfor third and subsequent conviction of violation of chapter; exception.

1. Except as otherwise provided in subsection 2, aperson convicted of a violation of any provision of this chapter, who haspreviously been convicted twice or more of violations of any provisions of thischapter, is guilty of a category D felony and shall be punished as provided in NRS 193.130.

2. The penalty provided in subsection 1 does not applyto violations of NRS 457.230 to 457.280, inclusive.

(Added to NRS by 1960, 65; A 1967, 586; 1979, 1476;1985, 115; 1995, 1294)

REPORTING AND ANALYZING INFORMATION ON CANCER

NRS 457.230 Establishmentand maintenance of system for reporting information; objectives; personsrequired to report information.

1. The State Health Officer shall, pursuant to theregulations of the State Board of Health, establish and maintain a system forthe reporting of information on cancer.

2. The system must include a record of the cases ofcancer which occur in this state along with such information concerning thecases as may be appropriate to form the basis for:

(a) The conducting of comprehensive epidemiologicsurveys of cancer and cancer-related diseases in this state; and

(b) The evaluation of the appropriateness of measuresfor the prevention and control of cancer.

3. Hospitals, medical laboratories and otherfacilities that provide screening, diagnostic or therapeutic services topatients with respect to cancer shall report information on cases of cancer tothe system.

4. Physicians who diagnose or provide treatment forcancer, except for cases directly referred or previously admitted to ahospital, medical laboratory or other facility described in subsection 3, shallreport information on cases of cancer to the system.

5. As used in this section, medical laboratory hasthe meaning ascribed to it in NRS 652.060.

(Added to NRS by 1983, 1677; A 1997, 1309)

NRS 457.240 Regulationsof State Board of Health. The State Board ofHealth shall by regulation:

1. Prescribe the form and manner in which theinformation on cases of cancer must be reported;

2. Specify the malignant neoplasms which must bereported;

3. Prescribe other information to be included in eachsuch report, for example, the patients name and address, the pathologicalfindings, the stage of the disease, the environmental and occupational factors,the methods of treatment, the incidence of cancer in the patients family, andthe places where the patient has resided; and

4. Establish a protocol for obtaining access to andpreserving the confidentiality of the patients records needed for researchinto cancer.

(Added to NRS by 1983, 1677)

NRS 457.250 Recordsof health care facility: Availability to State Health Officer; abstracting of information;fees; penalty.

1. The chief administrative officer of each healthcare facility in this state shall make available to the State Health Officer orhis representative the records of the health care facility for every case ofmalignant neoplasms which are specified by the State Board of Health as subjectto reporting.

2. The Health Division shall abstract from the recordsof the health care facility or shall require the health care facility toabstract from their own records such information as is required by the StateBoard of Health. The Health Division shall compile the information timely andnot later than 6 months after it abstracts the information or receives theabstracted information from the health care facility.

3. The Board shall by regulation adopt a schedule offees which must be assessed to the health care facility for each case fromwhich information is abstracted by the Health Division or by the health carefacility pursuant to subsection 2. The fee assessed to a facility whichabstracts information from its own records must not exceed one-third of theamount assessed to facilities for which the Health Division abstracts.

4. Any person who violates this section is guilty of amisdemeanor and shall be punished by a fine of $1,000, and may be furtherpunished by imprisonment in the county jail for not more than 6 months.

(Added to NRS by 1983, 1677, 1678; A 1993, 174; 2001, 2257)

NRS 457.260 Publicationof reports; provision of data.

1. The Health Division shall publish reports basedupon the material obtained pursuant to NRS457.230, 457.240 and 457.250 and shall make other appropriateuses of the material to identify trends in the incidence of cancer in aparticular area or population, advance research and education concerning cancerand improve treatment of the disease.

2. The Health Division shall provide any qualifiedresearcher with data from the reported information upon:

(a) The researchers compliance with appropriateconditions as established under the Boards regulations; and

(b) His payment of a fee to cover the cost of providingthe data.

(Added to NRS by 1983, 1677; A 2003, 1248)

NRS 457.265 Analysisof information, records and reports; investigation of trends.

1. The State Health Officer or a qualified persondesignated by the Administrator of the Health Division shall analyze thematerial obtained pursuant to NRS 457.230,457.240 and 457.250 and the reports published pursuantto NRS 457.260 to determine whether anytrends exist in the incidence of cancer in a particular area or population.

2. If the State Health Officer or the persondesignated pursuant to subsection 1 determines that a trend exists in theincidence of cancer in a particular area or population, the State HealthOfficer or the person designated pursuant to subsection 1 shall work withappropriate governmental, educational and research entities to investigate thetrend, advance research into the trend and the cancer identified in the trend,and facilitate the prevention and control of the cancer.

(Added to NRS by 2003, 1248)

NRS 457.270 Consentrequired before disclosure of identity of patient, physician or health carefacility. The Health Division shall not revealthe identity of any patient, physician or health care facility which isinvolved in the reporting required by NRS457.250 unless the patient, physician or health care facility gives his orits prior written consent to such a disclosure.

(Added to NRS by 1983, 1678; A 1993, 174)

NRS 457.280 Limitationon civil and criminal liability. No person ororganization providing information to the Health Division in accordance with NRS 457.230, 457.240 and 457.250 may be held liable in a civil orcriminal action for divulging confidential information unless he or it has doneso in bad faith or with malicious purpose.

(Added to NRS by 1983, 1678)

TASK FORCE ON PROSTATE CANCER

NRS 457.300 TaskForce defined. As used in NRS 457.300 to 457.340, inclusive, Task Force means theTask Force on Prostate Cancer created pursuant to NRS 457.310.

(Added to NRS by 2001, 580)

NRS 457.310 Creation;membership; vacancies; annual report.

1. The Task Force on Prostate Cancer, consisting of 11members, is hereby created. The Task Force consists of:

(a) The following ex officio members:

(1) The Chief Executive Officer of Family toFamily: Americans for Prostate Cancer Awareness and Support;

(2) The Nevada Director of Us Too!International, Inc.; and

(3) The Executive Officer of the PublicEmployees Benefits Program; and

(b) The following members appointed by the Governor:

(1) Two members who are physicians licensedpursuant to chapter 630 or 633 of NRS;

(2) One member who is an officer or employee ofthe Nevada System of Higher Education;

(3) One member who is an employee of the Bureauof Disease Control and Intervention of the Health Division;

(4) One member who has had prostate cancer;

(5) One member who is related to a person whohas had prostate cancer; and

(6) Two members who are representatives ofbusiness.

2. If Family to Family: Americans for Prostate CancerAwareness and Support or Us Too! International, Inc., ceases to exist, thehighest officer or person in charge of any successor organization shall serveas the ex officio member required by subparagraph (1) or (2) of paragraph (a)of subsection 1 or, if there is no successor organization, the Governor shallappoint a person to serve pursuant to the applicable subparagraph.

3. Vacancies of members appointed to the Task Forcemust be filled in the same manner as original appointments.

4. The Task Force shall annually submit a reportconcerning its activities and any recommendations for legislation to theDirector of the Legislative Counsel Bureau for transmittal to the Legislature.

(Added to NRS by 2001, 580; A 2003, 1180)

NRS 457.320 Chairman;meetings; quorum; terms and compensation of members.

1. The member of the Task Force described insubparagraph (1) of paragraph (a) of subsection 1 of NRS 457.310 shall serve as Chairman duringeven-numbered years, and the member described in subparagraph (2) of paragraph(a) of subsection 1 of NRS 457.310 shallserve as Chairman during the odd-numbered years.

2. The members of the Task Force shall meet at leastfour times each year and at the call of the Chairman. The Task Force shallprescribe regulations for its management and government.

3. Six members of the Task Force constitute a quorum,and a quorum may exercise all the powers conferred on the Task Force.

4. After the initial terms, the term of each appointedmember of the Task Force is 4 years. The Governor shall not appoint a member toserve more than two terms.

5. The members of the Task Force serve withoutcompensation. While engaged in the business of the Task Force, each member isentitled to receive the per diem allowance and travel expenses provided forstate officers and employees generally.

6. The members of the Task Force who are stateemployees must be relieved from their duties without loss of their regularcompensation to perform their duties relating to the Task Force in the mosttimely manner practicable. The state employees may not be required to make upthe time they are absent from work to fulfill their obligations as members ofthe Task Force or take annual leave or compensatory time for the absence.

(Added to NRS by 2001, 581; A 2005, 2066)

NRS 457.330 Generalduties. The Task Force may:

1. Compile research and information concerningprostate cancer.

2. Identify and evaluate the methods used by the Stateand local governments to increase the awareness of the general publicconcerning the risk, treatment and prevention of prostate cancer.

3. Identify and evaluate methods to improvecommunication among institutions and other entities in this state that areinvolved in the research and treatment of prostate cancer.

4. Identify and evaluate methods to increase fundingfor institutions and other entities in this state that are involved in cancerresearch.

5. Identify and evaluate methods to increase thenumber of men in this state who are regularly tested for the presence ofprostate cancer.

6. Identify and evaluate methods to increase theawareness and education of the general public concerning prostate cancer.

7. Apply for any available grants and accept anygifts, grants or donations to assist the Task Force in carrying out its dutiespursuant to this section.

(Added to NRS by 2001, 581)

NRS 457.340 Administrativesupport by Director of Department of Health and Human Services. The Director of the Department of Health and Human Servicesshall provide the personnel, facilities, equipment and supplies required by theTask Force to carry out the provisions of NRS457.300 to 457.340, inclusive.

(Added to NRS by 2001, 581)

TASK FORCE ON CERVICAL CANCER

NRS 457.350 TaskForce defined. As used in NRS 457.350 to 457.390, inclusive, Task Force means theTask Force on Cervical Cancer created by NRS457.360.

(Added to NRS by 2005, 2064)

NRS 457.360 Creation;membership; vacancies; annual report.

1. The Task Force on Cervical Cancer, consisting of 11members, is hereby created. The Task Force consists of:

(a) The Executive Officer of the Public EmployeesBenefits Program as ex officio member; and

(b) The following members appointed by the Governor:

(1) Two members who are physicians licensedpursuant to chapter 630 or 633 of NRS;

(2) One member who is an officer or employee ofthe Nevada System of Higher Education;

(3) One member who is an employee of the HealthDivision;

(4) One member who is a representative of awomens health organization;

(5) One member who is a representative of theNevada Cancer Institute;

(6) One member who has had cervical cancer;

(7) One member who is related to a person whohas had cervical cancer; and

(8) Two members who are representatives ofbusiness.

2. Vacancies of members appointed to the Task Forcemust be filled in the same manner as original appointments.

3. The Task Force shall annually submit a reportconcerning its activities and any recommendations for legislation to theDirector of the Legislative Counsel Bureau for transmittal to the Legislature.

(Added to NRS by 2005, 2064)

NRS 457.370 Chairman;meetings; quorum; terms and compensation of members.

1. The members of the Task Force shall annually electa member to serve as Chairman of the Task Force.

2. The members of the Task Force shall meet at leastfour times each year and at the call of the Chairman. The Task Force shallprescribe regulations for its management and government.

3. Six members of the Task Force constitute a quorum,and a quorum may exercise all the powers conferred on the Task Force.

4. After the initial terms, the term of each appointedmember of the Task Force is 4 years. The Governor shall not appoint a member toserve more than two terms.

(Added to NRS by 2005, 2065)

NRS 457.380 Generalduties. The Task Force may:

1. Compile research and information concerningcervical cancer.

2. Identify and evaluate the methods used by the Stateand local governments to increase the awareness of the general publicconcerning the risk, treatment and prevention of cervical cancer.

3. Identify and evaluate methods to improvecommunication among institutions and other entities in this State that areinvolved in the research and treatment of cervical cancer.

4. Identify and evaluate methods to increase fundingfor institutions and other entities in this State that are involved in cancerresearch.

5. Identify and evaluate methods to increase thenumber of women in this State who are regularly tested for the presence ofcervical cancer.

6. Identify and evaluate methods to increase theawareness and education of the general public concerning cervical cancer.

7. Apply for any available grants and accept anygifts, grants or donations to assist the Task Force in carrying out its dutiespursuant to this section.

(Added to NRS by 2005, 2065)

NRS 457.390 Administrativesupport by Director of Department of Health and Human Services. The Director of the Department of Health and Human Servicesshall provide the personnel, facilities, equipment and supplies required by theTask Force to carry out the provisions of NRS457.350 to 457.390, inclusive.

(Added to NRS by 2005, 2066)

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