2022 Nevada Revised Statutes
Chapter 439 - Administration of Public Health
NRS 439.235 - Duties of Division to ensure access for persons with limited English proficiency to certain services related to COVID-19; collaboration with community-based organizations; gifts, grants, donations and other funding.
1. The Division shall take reasonable steps to ensure that persons with limited English proficiency who are eligible to receive services from the Division that are intended to help restrain the spread of COVID-19 have meaningful and timely access to those services. Such steps must include, without limitation:
(a) Maintaining a record of the preferred language of each person who receives any service from the Division that is intended to help restrain the spread of COVID-19, including without limitation, guidance, testing, contact tracing and immunization;
(b) Identifying the languages preferred by such recipients;
(c) Taking reasonable steps to provide meaningful and timely access to oral language services to recipients of services described in paragraph (a); and
(d) Provide notice of the availability of such services, to the extent practicable, in the languages identified and at a literacy level and in a format that is likely to be understood by such recipients.
2. The Division shall take reasonable steps to ensure that persons with limited English proficiency have meaningful and timely access in their preferred language to:
(a) Vital information and documents relating to COVID-19. Such information and documents include, without limitation, those necessary to access or participate in the services, programs and activities of the Division related to COVID-19, including, without limitation, applications, instructions for completing applications, contracts, stipulations, outreach materials, written notices or letters that affect the legal rights or benefits of a person and any communications of the Division relating to COVID-19.
(b) Any governmental order issued to restrain the spread of COVID-19 and any information relating to a state of emergency or declaration of disaster for COVID-19 proclaimed pursuant to NRS 414.070. For the purposes of this paragraph, meaningful access shall be deemed to be timely if it occurs within 7 days after the order is issued or the proclamation is made.
3. When determining whether steps to provide meaningful and timely access to a service described in subsection 1 or 2 are reasonable, the Division shall consider:
(a) The number of persons with limited English proficiency who are eligible for the service and have a particular preferred language and the proportion of such persons to the total number of persons eligible for the service;
(b) The frequency with which persons with limited English proficiency who are eligible for the service have contact with the Division for purposes relating to the service;
(c) The nature and importance of the service; and
(d) Available resources.
4. The Division shall collaborate with community-based organizations that serve persons with limited English proficiency to prioritize the provision of services, information and documents in languages other than English as described in this section.
5. The Division may:
(a) Accept gifts, grants and donations for the purpose of carrying out the provisions of this section; and
(b) Research and apply for any available federal or private funding that may be used to carry out the provisions of this section.
6. As used in this section:
(a) "Contact tracing" means investigating a case of COVID-19 to identify:
(1) A person who has been diagnosed with COVID-19; and
(2) Any person who has or may have:
(I) Come into contact with a person who has been diagnosed with COVID-19; or
(II) Otherwise been exposed to COVID-19.
(b) "COVID-19" means:
(1) The novel coronavirus identified as SARS-CoV-2;
(2) Any mutation of the novel coronavirus identified as SARS-CoV-2; or
(3) A disease or health condition caused by the novel coronavirus identified as SARS-CoV-2.
(c) "Dual-role interpreter" means a multilingual employee who:
(1) Has been tested for language skills and trained as an interpreter; and
(2) Engages in interpreting as part of his or her job duties.
(d) "Oral language services" means services to convey verbal information to persons with limited English proficiency. The term:
(1) Includes, without limitation, staff interpreters, dual-role interpreters, other multilingual employees, telephone interpreter programs, audiovisual interpretation services and non-governmental interpreters.
(2) Does not include family members, friends and other acquaintances of persons with limited English proficiency who have no formal training in interpreting.
(e) "Person with limited English proficiency" means a person who reads, writes or speaks a language other than English and who cannot readily understand or communicate in the English language in written or spoken form, as applicable, based on the manner in which information is being communicated.
(Added to NRS by 2021, 3230)
