There is a newer version of the Nevada Revised Statutes
2010 Nevada Code
TITLE 40 PUBLIC HEALTH AND SAFETY
Chapter 449 Medical and Other Related Facilities
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LICENSING, REGULATION AND INSPECTION
- NRS 449.001 Definitions.
- NRS 449.0015 "Agency to provide nursing in the home" defined.
- NRS 449.0021 "Agency to provide personal care services in the home" defined.
- NRS 449.0025 "Board" defined.
- NRS 449.0031 "Community triage center" defined.
- NRS 449.0033 "Facility for hospice care" defined.
- NRS 449.0038 "Facility for intermediate care" defined.
- NRS 449.00385 "Facility for modified medical detoxification" defined.
- NRS 449.00387 "Facility for refractive surgery" defined.
- NRS 449.0039 "Facility for skilled nursing" defined.
- NRS 449.004 "Facility for the care of adults during the day" defined.
- NRS 449.0045 "Facility for the dependent" defined.
- NRS 449.00455 "Facility for the treatment of abuse of alcohol or drugs" defined.
- NRS 449.0046 "Facility for the treatment of irreversible renal disease" defined.
- NRS 449.0055 "Facility for transitional living for released offenders" defined.
- NRS 449.008 "Halfway house for recovering alcohol and drug abusers" defined.
- NRS 449.009 "Health Division" defined.
- NRS 449.0105 "Home for individual residential care" defined.
- NRS 449.0115 "Hospice care" defined.
- NRS 449.012 "Hospital" defined.
- NRS 449.013 "Independent center for emergency medical care" defined.
- NRS 449.0145 "Licensed practical nurse" defined.
- NRS 449.0151 "Medical facility" defined.
- NRS 449.01515 "Mobile unit" defined.
- NRS 449.0152 "Nursing assistant" defined.
- NRS 449.0153 "Nursing pool" defined.
- NRS 449.0155 "Obstetric center" defined.
- NRS 449.0156 "Palliative services" defined.
- NRS 449.0157 "Provider of health care" defined.
- NRS 449.0159 "Provider of supported living arrangement services" defined.
- NRS 449.0165 "Psychiatric hospital" defined.
- NRS 449.0167 "Registered nurse" defined.
- NRS 449.017 "Residential facility for groups" defined.
- NRS 449.0175 "Rural clinic" defined.
- NRS 449.0177 "Rural hospital" defined.
- NRS 449.0185 "Supported living arrangement services" defined.
- NRS 449.019 "Surgical center for ambulatory patients" defined.
- NRS 449.0195 "Terminally ill" defined.
- NRS 449.021 Classification of hospitals.
- NRS 449.026 Misleading name or other designation of facility prohibited.
- NRS 449.030 License required to operate or maintain facility or to operate program of hospice care.
- NRS 449.0305 Businesses that provide referrals to residential facilities for groups: License required; standards and regulations; provision of referrals; prohibited acts; civil penalties.
- NRS 449.031 Requirements for program of hospice care.
- NRS 449.0315 Provision of care by facility for hospice care.
- NRS 449.032 Admission of dentist to membership on medical staff of hospital.
- NRS 449.034 Physician and nurse required to operate independent center to provide emergency medical care.
- NRS 449.035 Supervision of facility for skilled nursing or facility for intermediate care.
- NRS 449.0355 Supervision of residential facility for groups.
- NRS 449.03555 Residential facility for groups and homes for individual residential care prohibited from providing accommodations to persons not meeting requirements for admission; exception.
- NRS 449.0356 Certification required for alcohol and drug abuse programs operated or provided by facility for transitional living for released offenders.
- NRS 449.0357 Continuing education requirements concerning care of persons with dementia for certain employees of facilities for skilled nursing, facilities for intermediate care and residential facilities for groups.
- NRS 449.036 Requirements for obstetric center.
- NRS 449.037 Adoption of standards, qualifications and other regulations.
- NRS 449.038 Regulation of other facilities.
- NRS 449.040 Application for license: Filing; contents.
- NRS 449.050 Fees; exemption.
- NRS 449.060 Expiration and renewal of license.
- NRS 449.063 "Older patient" defined.
- NRS 449.065 Surety bond for initial license and renewal of license to operate facility for intermediate care, facility for skilled nursing, residential facility for groups, home for individual residential care, agency to provide personal care services in home and agency to provide nursing in home; exemption; exception.
- NRS 449.067 Substitute for surety required for facility described in NRS 449.065.
- NRS 449.068 Surety bond required for initial license and renewal of license to operate facility for refractive surgery.
- NRS 449.069 Substitute for surety bond required for facility described in NRS 449.068.
- NRS 449.070 Facilities exempt from NRS 449.001 to 449.240, inclusive.
- NRS 449.080 License: Issuance; validity; transferability.
- NRS 449.085 License: Form; contents.
- NRS 449.087 License: Amendment required for addition of certain services.
- NRS 449.091 Provisional license.
- NRS 449.095 Operator of residential facility for groups: Posting of license and rates for services.
- NRS 449.140 Money received from licensing of facilities to be deposited in State General Fund; expenditure of state or federal money.
- NRS 449.150 Powers of Health Division.
- NRS 449.160 Grounds for denial, suspension or revocation of license; revocation of license in connection with certain nuisance activity; log of complaints; information concerning complaint, investigation and disciplinary action to be provided to facility for the care of adults during the day; written report of complaints and disciplinary actions.
- NRS 449.163 Administrative sanctions: Imposition by Health Division; disposition of money collected.
- NRS 449.165 Administrative sanctions: Regulations of Board.
- NRS 449.170 Denial, suspension or revocation of license or imposition of sanctions: Notice; appeal; adoption of regulations.
- NRS 449.171 Authority of Health Division to take control over medical records of medical facility or facility for dependent upon suspension of license or cessation of operation; confidentiality; sharing of records with appropriate authorities.
- NRS 449.172 Residential facility for groups: Duties of Health Division and operator upon suspension or revocation of license for abuse, neglect or isolation of occupants.
- NRS 449.173 Applicability of provisions governing investigation and consequences of criminal history of certain persons.
- NRS 449.176 Investigation of criminal history of applicant for license to operate certain facility, agency or home.
- NRS 449.179 Initial and periodic investigations of criminal history of employee or independent contractor of certain agency, facility or home.
- NRS 449.182 Maintenance and availability of certain records regarding employee or independent contractor of certain agency, facility or home.
- NRS 449.185 Termination of employment or contract of employee or independent contractor of certain agency, facility or home who has been convicted of certain crime; liability of agency, facility or home.
- NRS 449.188 Additional grounds for denial, suspension or revocation of license to operate certain facility, home or agency.
- NRS 449.191 Medical facility not required to allow abortions.
- NRS 449.195 Waiver of deductible or copayment; conditions.
- NRS 449.200 Report of results of inspections of medical facilities and facilities for dependent; disclosure of results of inspections of facilities for skilled nursing, facilities for intermediate care and residential facilities for groups.
- NRS 449.205 Retaliation or discrimination against employees and certain other persons: Prohibition under certain circumstances; medical facility prohibited from restricting right to make report or take other action under section.
- NRS 449.207 Retaliation or discrimination against employees and certain other persons: Violation of NRS 449.205; damages; equitable relief; rebuttable presumption; civil penalty; time limit for bringing action.
- NRS 449.208 Retaliation or discrimination against employees or certain other persons: Written notice regarding protections and legal remedies; posting; inclusion in employee handbook.
- NRS 449.210 Penalties for unlicensed operation: Medical facility or facility for dependent; residential facility for groups.
- NRS 449.220 Action to enjoin violations.
- NRS 449.230 Entry and inspection of building and premises.
- NRS 449.235 Inspection of medical facility and facility for dependent by Health Division and Aging and Disability Services Division.
- NRS 449.240 Institution and conduct of prosecutions. STAFFING COMMITTEES AND STAFFING PLANS
- NRS 449.241 Definitions.
- NRS 449.2414 "Health care facility" defined.
- NRS 449.2416 "Nurse" defined.
- NRS 449.2418 "Unit" defined.
- NRS 449.242 Establishment of staffing committee by certain hospitals located in larger counties; membership; duty to develop documented staffing plan; quarterly meetings; reporting to Legislature.
- NRS 449.2421 Certain health care facilities located in larger counties required to make available to Health Division documented staffing plan; requirements of plan and flexibility for adjustments. MISCELLANEOUS PROVISIONS
- NRS 449.243 Itemized list of charges required; use of Uniform Billing and Claims Forms authorized; contracted rates; summary of charges.
- NRS 449.244 Certain costs for examination or treatment of victims of sexual offenses to be charged to county.
- NRS 449.245 Release of child from hospital; provision of authorization for release and other information to Division of Child and Family Services; disclosure of information; penalty.
- NRS 449.2455 Authority of hospital to enter into agreement with Armed Forces of United States for provision of medical care by certain medical officers.
- NRS 449.246 Hospital or obstetric center to provide information relating to voluntary acknowledgment or establishment of paternity before discharging unmarried woman who has borne child; regulations.
- NRS 449.2465 Persons entitled to results of tests performed at laboratory regarding patient of rural hospital.
- NRS 449.247 Nursing assistants and training of nursing assistants: Powers and duties of Health Division and State Board of Nursing; provision of information to State Board of Nursing.
- NRS 449.2475 Unlicensed insurer not allowed to make payment directly to person who received services in certain circumstances; limitation on civil and criminal liability.
- NRS 449.248 Additional services to be provided by agency to provide nursing in home.
- NRS 449.2485 Return to dispensing pharmacy of unused prescription drug dispensed to patient of facility for skilled nursing or facility for intermediate care for purpose of reissuing drug or transferring drug.
- NRS 449.2486 Facility for care of adults during the day to maintain and provide certain information; form in which information to be provided.
- NRS 449.2487 Notice to be provided by certain facilities and homes which offer independent living.
- NRS 449.2488 Department to develop brochure and website to assist persons who are 55 years of age or older in determining appropriate level of care and type of housing; information to be included in brochure and website. FACILITIES FOR REFRACTIVE SURGERY
- NRS 449.2489 Definitions.
- NRS 449.24891 "Ophthalmologist" defined.
- NRS 449.24892 "Postoperative care" defined.
- NRS 449.24893 "Preoperative care" defined.
- NRS 449.24894 "Surgical treatment for a refractive error of the eye" defined.
- NRS 449.24895 Certain persons not required to obtain license to operate and maintain facility; filing of affidavit with Health Division required.
- NRS 449.24896 Surgical treatments at facility must be performed by licensed ophthalmologist; availability of ophthalmologist.
- NRS 449.24897 Order to cease and desist operation for failure to obtain license; injunction; penalties.
- NRS 449.24898 Collaboration between ophthalmologist and optometrist authorized pursuant to NRS 636.374. HOMES FOR INDIVIDUAL RESIDENTIAL CARE
- NRS 449.249 License required for operation of home; application for license; minimal standards for licensing.
- NRS 449.2493 Authority of Health Division and Aging and Disability Services Division of Department of Health and Human Services.
- NRS 449.2496 Penalties for unlicensed operation or maintenance of home. NEVADA HEALTH FACILITIES ASSISTANCE ACT
- NRS 449.250 Short title.
- NRS 449.260 Definitions.
- NRS 449.270 State Department to constitute sole agency of State for certain purposes.
- NRS 449.280 Duties of State Department.
- NRS 449.300 Inventory of existing health facilities; development of program for construction of facilities.
- NRS 449.310 Requirements of program for construction of health facilities.
- NRS 449.320 Application for federal money; deposit of money.
- NRS 449.340 State Department to prescribe minimum standards; standards to supersede local ordinances and regulations; penalty.
- NRS 449.360 Application for construction of health facility: Filing; compliance with federal and state requirements.
- NRS 449.370 Application for construction of health facility: Notice and hearing; approval and forwarding.
- NRS 449.380 Inspection of construction of health facility; certification by State Department.
- NRS 449.390 Authority to receive and distribute federal money; Health Facilities Assistance Fund; deposits, use and controls.
- NRS 449.400 State Public Health Facilities Construction Assistance Fund: Creation; administration.
- NRS 449.410 State assistance for construction of certain projects; eligibility of project for assistance.
- NRS 449.420 Amount of state assistance: Allocations; payments.
- NRS 449.430 Money from State Public Health Facilities Construction Assistance Fund to be paid in installments. PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION; NATIONAL ACCREDITATION; INSPECTIONS OF SURGICAL CENTERS FOR AMBULATORY PATIENTS AND CERTAIN PHYSICIANS' OFFICES AND FACILITIES
- NRS 449.435 Definitions.
- NRS 449.436 "Conscious sedation" defined.
- NRS 449.437 "Deep sedation" defined.
- NRS 449.438 "General anesthesia" defined.
- NRS 449.439 "Physician" defined.
- NRS 449.441 Exemption from provisions if physician's office or facility only administers certain type of pain medication.
- NRS 449.442 Permit required for certain physicians' offices and facilities to offer services; national accreditation required; cessation of services for failure to maintain accreditation.
- NRS 449.443 Application for permit; fee; inspection by Health Division; term of permit.
- NRS 449.444 Application for renewal of permit; fee.
- NRS 449.445 National accreditation required of surgical center for ambulatory patients; inspection by Health Division; cessation of operation for failure to maintain accreditation.
- NRS 449.446 Annual inspections of holders of permits and surgical centers for ambulatory patients; correction of deficiencies identified in inspections; reporting of inspections to Legislature.
- NRS 449.447 Violations; penalties; review of reports submitted pursuant to NRS 630.30665 and 633.524; reporting to professional licensing board of violations; administrative sanctions.
- NRS 449.448 Regulations. ACCOUNTING; FINANCIAL REPORTS; FEES; ENSURING QUALITY OF CARE
- NRS 449.450 Definitions.
- NRS 449.460 Powers of Director.
- NRS 449.465 Authority of Director to impose fees; maximum amount of fees collected; fee for support of Legislative Committee on Health Care.
- NRS 449.470 Director may use staff or contract for services.
- NRS 449.476 Committee to ensure quality of care: Formation by hospital; general requirements.
- NRS 449.485 Hospital required to use discharge form prescribed by Director; electronic monthly reporting; exception to electronic reporting; use of information by Department.
- NRS 449.490 Financial statements and reports required to be filed with Department; additional reporting requirements for hospitals with 100 or more beds; availability of complete current charge master.
- NRS 449.500 Director to carry out analyses and studies concerning cost of health care.
- NRS 449.510 Director to prepare and file summaries, compilations or other reports; public inspection; collection, maintenance, disclosure or publication of contracts or identification of party to contract prohibited.
- NRS 449.520 Reports to Governor and legislative committees; development of comprehensive plan by Legislative Committee on Health Care.
- NRS 449.530 Administrative fine for violation. WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING TREATMENT
- NRS 449.535 Short title; uniformity of application and construction.
- NRS 449.540 Definitions.
- NRS 449.550 "Attending physician" defined.
- NRS 449.560 "Declaration" defined.
- NRS 449.570 "Life-sustaining treatment" defined.
- NRS 449.575 "Person" defined.
- NRS 449.581 "Provider of health care" defined.
- NRS 449.585 "Qualified patient" defined.
- NRS 449.590 "Terminal condition" defined.
- NRS 449.600 Declaration relating to use of life-sustaining treatment.
- NRS 449.610 Form of declaration directing physician to withhold or withdraw life-sustaining treatment.
- NRS 449.613 Form of declaration designating another person to decide to withhold or withdraw life-sustaining treatment.
- NRS 449.617 Time declaration becomes operative; duty of providers of health care.
- NRS 449.620 Revocation of declaration; entry of revocation in medical records of declarant.
- NRS 449.622 Recording determination of terminal condition and declaration.
- NRS 449.624 Treatment of qualified patients; withholding or withdrawal of artificial nutrition and hydration; treatment of pregnant patient.
- NRS 449.626 Written consent to withhold or withdraw life-sustaining treatment.
- NRS 449.628 Transfer of care of declarant.
- NRS 449.630 Immunity from civil and criminal liability and discipline for unprofessional conduct.
- NRS 449.640 Consideration of declaration and other factors; failure to follow directions of patient.
- NRS 449.645 Assumption of validity of declaration; presumption of intent to use, withhold or withdraw life-sustaining treatment not created.
- NRS 449.650 Death does not constitute suicide or homicide; effect of declaration on policy of insurance; prohibiting or requiring execution of declaration prohibited as condition for insurance or receipt of health care.
- NRS 449.660 Penalties.
- NRS 449.670 Actions contrary to reasonable medical standards not required; mercy-killing, assisted suicide or euthanasia not authorized.
- NRS 449.680 Other right or responsibility regarding use of life-sustaining treatment or withholding or withdrawal of medical care not limited.
- NRS 449.690 Validity of declaration executed in another state; effect of previously executed instrument. PATIENT'S RIGHTS
- NRS 449.700 Facility or home to provide necessary services or arrange for transfer of patient; explanation of need for transfer and alternatives available.
- NRS 449.705 Facility or home to forward medical records upon certain transfers of patient.
- NRS 449.710 Specific rights: Information concerning facility; treatment; billing; visitation.
- NRS 449.715 Specific rights: Designation of persons authorized to visit patient in facility.
- NRS 449.720 Specific rights: Care; refusal of treatment and experimentation; privacy; notice of appointments and need for care; confidentiality of information concerning patient.
- NRS 449.730 Patient to be informed of rights upon admission to facility or home for individual care; required disclosures and notices.
- NRS 449.740 Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty.
- NRS 449.750 Procedure to insert implant in breast of patient: Contents of explanation form and consent form; fee for forms. COLLECTION OF AMOUNT OWED TO HOSPITAL FOR HOSPITAL CARE
- NRS 449.751 Definitions.
- NRS 449.753 "Hospital care" defined.
- NRS 449.755 "Responsible party" defined.
- NRS 449.757 Limitations on efforts of hospitals to collect; date for accrual of interest; rate of interest; limitations on additional fees.
- NRS 449.759 Manner of collection. PREVENTING PERSONS FROM ENTERING OR EXITING HEALTH FACILITY
- NRS 449.760 Unlawful acts; exception; penalty. USE OF AVERSIVE INTERVENTION OR FORMS OF RESTRAINT ON PATIENTS WITH DISABILITIES
- NRS 449.765 Definitions.
- NRS 449.766 "Aversive intervention" defined.
- NRS 449.767 "Chemical restraint" defined.
- NRS 449.768 "Corporal punishment" defined.
- NRS 449.769 "Electric shock" defined.
- NRS 449.770 "Emergency" defined.
- NRS 449.771 "Facility" defined.
- NRS 449.772 "Mechanical restraint" defined.
- NRS 449.773 "Person with a disability" defined.
- NRS 449.774 "Physical restraint" defined.
- NRS 449.775 "Verbal and mental abuse" defined.
- NRS 449.776 Aversive intervention: Prohibition on use.
- NRS 449.777 Forms of restraint: Restrictions on use.
- NRS 449.778 Physical restraint: Permissible use; report of use in emergency.
- NRS 449.779 Mechanical restraint: Permissible use; report of use in emergency.
- NRS 449.780 Chemical restraint: Permissible use; report of use.
- NRS 449.781 Use of forms of restraint by certain facilities.
- NRS 449.782 Education and training of members of staff of facility.
- NRS 449.783 Violations: Criminal penalties; ineligibility for employment; disciplinary action.
- NRS 449.784 Violations: Report required; development and review of and compliance with corrective plan.
- NRS 449.785 Prohibition on retaliation against person for reporting or providing information regarding violation.
- NRS 449.786 Entry of denial of rights in patient's record; notice and report of denial; action by Health Division. DURABLE POWER OF ATTORNEY FOR HEALTH CARE
- NRS 449.800 Definitions. [Repealed.]
- NRS 449.810 Execution of power of attorney to make decisions concerning health care; conditions. [Repealed.]
- NRS 449.820 Persons not eligible for designation as attorney-in-fact. [Repealed.]
- NRS 449.830 Power of attorney: Form. [Repealed.]
- NRS 449.840 Power of attorney: Acknowledgment; witnesses. [Repealed.]
- NRS 449.850 Attorney-in-fact: Prohibited acts; duties. [Repealed.]
- NRS 449.860 Designation of attorney-in-fact: Alternate; revocation; validity; expiration. [Repealed.] REGISTRY OF ADVANCE DIRECTIVES FOR HEALTH CARE
- NRS 449.900 Definitions.
- NRS 449.905 "Advance directive" defined.
- NRS 449.910 "Registrant" defined.
- NRS 449.915 "Registry" defined.
- NRS 449.920 Establishment and maintenance; information to be included in Registry.
- NRS 449.925 Registration of advance directive: Requirements; duties of Secretary of State.
- NRS 449.930 Access to advance directive.
- NRS 449.935 Removal of advance directive of deceased registrant.
- NRS 449.940 Secretary of State not required to determine accuracy of contents of advance directive or validity of advance directive; effect of registration, failure to register and failure to notify Secretary of State of revocation of advance directive.
- NRS 449.945 Provider of health care not required to inquire whether patient has registered advance directive or access Registry; immunity of provider of health care from criminal and civil liability.
- NRS 449.950 Immunity of Secretary of State and deputies, employees and attorneys of Secretary of State.
- NRS 449.955 Suspension of components of Registry and duties of Secretary of State if sufficient money not available; fees authorized; acceptance of gifts and grants.
- NRS 449.960 Deposit, accounting and use of money received; interest and income earned on money received; payment of claims.
- NRS 449.965 Regulations.
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