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 449.0356 Certification required for alcohol and drug abuse programs operated or provided by facility for transitional living for released offenders. [Effective through June 30, 2007.]

NRS 449.0356 Certification required for alcohol and drug abuse programs operated or provided by facility for transitional living for released offenders. [Effective July 1, 2007.]

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 required for initial license and renewal of license to operate facility for intermediate care, facility for skilled nursing, residential facility for groups, agency to provide personal care services in home and agency to provide nursing in home; exemption; exception.

NRS 449.067 Substitute for surety bond required for initial license and renewal of license to operate facility for intermediate care, facility for skilled nursing, residential facility for groups, agency to provide personal care services in home and agency to provide nursing in home.

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 initial license and renewal of license to operate facility for refractive surgery.

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 Administrative sanctions: Imposition by Health Division; general grounds for denial, suspension or revocation of license; revocation of license in connection with certain nuisance activities; log of complaints; written report.

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 449.172 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.

NRS 449.179 Initial and periodic investigations of criminal history of employee or independent contractor of certain agency or facility.

NRS 449.182 Maintenance and availability of certain records regarding employees and independent contractors of certain agencies and facilities.

NRS 449.185 Termination of employment or contract of employee or independent contractor of certain agency or facility who has been convicted of certain crime; liability of agency or facility.

NRS 449.188 Denial, suspension or revocation of license to operate certain facility or agency: Conviction of applicant or licensee of certain crime or continued employment of person convicted of certain crime.

NRS 449.191 Medical facility not required to allow abortions.

NRS 449.195 Waiver of deductible or copayment; conditions.

NRS 449.200 Disclosure of results of inspections of certain facilities.

NRS 449.205 Medical facility prohibited from retaliating or discriminating against certain persons for reporting or participating in investigation or proceeding relating to sentinel event or certain conduct of physician or reporting or refusing to provide nursing services beyond his competence; restriction of right prohibited.

NRS 449.207 Retaliation or discrimination in violation of NRS 449.205: Legal remedy.

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 Services Division.

NRS 449.240 Institution and conduct of prosecutions.

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 449.246 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 449.248 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 to fill other prescriptions for patients in facility.

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 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.

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 form for all patients discharged; regulations; hospitals with more than 100 beds to provide information on magnetic tape or by other means; exemption.

NRS 449.490 Financial statements and reports required to be filed with Department; additional reporting requirements for hospitals with 100 or more beds.

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 Report to Governor, Legislative Committee on Health Care and Interim Finance Committee; contents; Legislative Committee on Health Care to develop comprehensive plan concerning provision of 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.

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.

PREVENTING PERSONS FROM ENTERING OR EXITING HEALTH FACILITY

NRS 449.760 Unlawful to prevent person from entering or exiting office of physician or health facility or center; exceptions; 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.

NRS 449.810 Execution of power of attorney to make decisions concerning health care; conditions.

NRS 449.820 Persons not eligible for designation as attorney-in-fact.

NRS 449.830 Power of attorney: Form.

NRS 449.840 Power of attorney: Acknowledgment; witnesses.

NRS 449.850 Attorney-in-fact: Prohibited acts; duties.

NRS 449.860 Designation of attorney-in-fact: Alternate; revocation; validity; expiration.

_________

LICENSING, REGULATION AND INSPECTION

NRS 449.001 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 449.0015 to 449.0195, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1973, 1278; A 1975, 366, 897; 1977, 641; 1979, 160, 1113; 1983, 1657; 1985, 1736; 1989, 304, 1034, 1037; 1993, 2556; 1995, 1600; 1999, 248, 970; 2001, 1341, 2518; 2005, 485, 532, 1379, 1517, 2165, 2350)

NRS 449.0015 “Agency to provide nursing in the home” defined. “Agency to provide nursing in the home” means any person or governmental organization which provides in the home, through its employees or by contractual arrangement with other persons, skilled nursing and assistance and training in health and housekeeping skills. The term does not include a provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.

(Added to NRS by 1979, 160; A 1985, 1737; 2005, 1379)

NRS 449.0021 “Agency to provide personal care services in the home” defined.

1. “Agency to provide personal care services in the home” means any person, other than a natural person, which provides in the home, through its employees or by contractual arrangement with other persons, nonmedical services related to personal care to elderly persons or persons with mental or physical disabilities to assist those persons with activities of daily living, including, without limitation:

(a) The elimination of wastes from the body;

(b) Dressing and undressing;

(d) Grooming;

(e) The preparation and eating of meals;

(f) Laundry;

(g) Shopping;

(h) Cleaning;

(i) Transportation; and

(j) Any other minor needs related to the maintenance of personal hygiene.

2. The term does not include:

(a) An independent contractor who provides nonmedical services specified by subsection 1 without the assistance of employees; or

(b) A microboard, as defined by regulations adopted by the Board.

(Added to NRS by 2005, 2164)

NRS 449.0025 “Board” defined. “Board” means the State Board of Health.

(Added to NRS by 1985, 1735)

NRS 449.0031 “Community triage center” defined. “Community triage center” means a facility that provides on a 24-hour basis medical assessments of and short-term monitoring services for mentally ill persons and abusers of alcohol or drugs in a manner which does not require that the assessments and services be provided in a licensed hospital.

(Added to NRS by 2005, 532)

NRS 449.0033 “Facility for hospice care” defined. “Facility for hospice care” means a facility which is operated to provide hospice care.

(Added to NRS by 1999, 248)

NRS 449.0038 “Facility for intermediate care” defined. “Facility for intermediate care” means an establishment operated and maintained to provide 24-hour personal and medical supervision, for a person who does not have illness, disease, injury or other condition that would require the degree of care and treatment which a hospital or facility for skilled nursing is designed to provide.

(Added to NRS by 1973, 1279; A 1985, 1737; 1991, 1974)

NRS 449.00385 “Facility for modified medical detoxification” defined. “Facility for modified medical detoxification” means a facility that provides 24-hour medical monitoring of treatment and detoxification in a manner which does not require that the service be provided in a licensed hospital.

(Added to NRS by 1999, 969)

NRS 449.00387 “Facility for refractive surgery” defined. “Facility for refractive surgery” means a freestanding facility that provides limited medical services for the evaluation of patients with refractive errors of the eye and the surgical treatment of those patients.

(Added to NRS by 2001, 1339; A 2005, 2693)

NRS 449.0039 “Facility for skilled nursing” defined.

1. “Facility for skilled nursing” means an establishment which provides continuous skilled nursing and related care as prescribed by a physician to a patient in the facility who is not in an acute episode of illness and whose primary need is the availability of such care on a continuous basis.

2. “Facility for skilled nursing” does not include a facility which meets the requirements of a general or any other special hospital.

(Added to NRS by 1973, 1279; A 1985, 1738)—(Substituted in revision for NRS 449.018)

NRS 449.004 “Facility for the care of adults during the day” defined. “Facility for the care of adults during the day” means an establishment operated and maintained to provide care during the day on a temporary or permanent basis for aged or infirm persons. The term does not include a halfway house for recovering alcohol and drug abusers.

(Added to NRS by 1983, 1657; A 1985, 1736; 2001, 2518)

NRS 449.0045 “Facility for the dependent” defined. “Facility for the dependent” includes:

1. A facility for the treatment of abuse of alcohol or drugs;

2. A halfway house for recovering alcohol and drug abusers;

3. A facility for the care of adults during the day;

4. A residential facility for groups;

5. An agency to provide personal care services in the home; and

6. A facility for transitional living for released offenders.

(Added to NRS by 1985, 1735; A 2001, 2518; 2005, 2165, 2350)

NRS 449.00455 “Facility for the treatment of abuse of alcohol or drugs” defined. [Effective through June 30, 2007.] “Facility for the treatment of abuse of alcohol or drugs” means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs and which is certified by the Health Division pursuant to subsection 4 of NRS 458.025. It does not include a medical facility or services offered by volunteers or voluntary organizations.

(Added to NRS by 1975, 366; A 1985, 1736; 1993, 1624; 1999, 1871; 2001, 417)

NRS 449.00455 “Facility for the treatment of abuse of alcohol or drugs” defined. [Effective July 1, 2007.] “Facility for the treatment of abuse of alcohol or drugs” means any public or private establishment which provides residential treatment, including mental and physical restoration, of abusers of alcohol or drugs and which is certified by the Division of Mental Health and Developmental Services of the Department of Health and Human Services pursuant to subsection 4 of NRS 458.025. It does not include a medical facility or services offered by volunteers or voluntary organizations.

(Added to NRS by 1975, 366; A 1985, 1736; 1993, 1624; 1999, 1871; 2001, 417; 2005, 22nd Special Session, 56, effective July 1, 2007)

NRS 449.0046 “Facility for the treatment of irreversible renal disease” defined. “Facility for the treatment of irreversible renal disease” means a facility that is not part of a hospital and which provides peritoneal dialysis or hemodialysis or trains a person with a permanent irreversible renal impairment to perform dialysis for himself.

(Added to NRS by 1985, 1735)

NRS 449.0055 “Facility for transitional living for released offenders” defined.

1. “Facility for transitional living for released offenders” means a residence that provides housing and a living environment for persons who have been released from prison and who require assistance with reintegration into the community, other than such a residence that is operated or maintained by a state or local government or an agency thereof. The term does not include a halfway house for recovering alcohol and drug abusers or a facility for the treatment of abuse of alcohol or drugs.

2. As used in this section, “person who has been released from prison” means:

(a) A parolee.

(b) A person who is participating in:

(1) A judicial program pursuant to NRS 209.4886 or 213.625; or

(2) A correctional program pursuant to NRS 209.4888 or 213.632.

(c) A person who is supervised by the Division of Parole and Probation of the Department of Public Safety through residential confinement pursuant to NRS 213.371 to 213.410, inclusive.

(d) A person who has been released from prison by expiration of his term of sentence.

(Added to NRS by 2005, 2349)

NRS 449.008 “Halfway house for recovering alcohol and drug abusers” defined. “Halfway house for recovering alcohol and drug abusers” means a residence that provides housing and a living environment for recovering alcohol and drug abusers and is operated to facilitate their reintegration into the community, but does not provide any treatment for alcohol or drug abuse. The term does not include a facility for transitional living for released offenders.

(Added to NRS by 2001, 2518; A 2005, 2350)

NRS 449.009 “Health Division” defined. “Health Division” means the Health Division of the Department of Health and Human Services.

(Added to NRS by 1973, 1279; A 1973, 1406)

NRS 449.0105 “Home for individual residential care” defined. “Home for individual residential care” means a home in which a natural person furnishes food, shelter, assistance and limited supervision, for compensation, to not more than two persons who are aged, infirm, mentally retarded or handicapped, unless the persons receiving those services are related within the third degree of consanguinity or affinity to the person providing those services. The term does not include:

1. A halfway house for recovering alcohol and drug abusers; or

2. A home in which supported living arrangement services are provided by a provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.

(Added to NRS by 1993, 2556; A 2001, 2518; 2005, 1380)

NRS 449.0115 “Hospice care” defined.

1. “Hospice care” means a centrally administered program of palliative services and supportive services provided by an interdisciplinary team directed by a physician. The program includes the provision of physical, psychological, custodial and spiritual care for persons who are terminally ill and their families. The care may be provided in the home, at a residential facility or at a medical facility at any time of the day or night. The term includes the supportive care and services provided to the family after the patient dies.

2. As used in this section:

(a) “Family” includes the immediate family, the person who primarily cared for the patient and other persons with significant personal ties to the patient, whether or not related by blood.

(b) “Interdisciplinary team” means a group of persons who work collectively to meet the special needs of terminally ill patients and their families and includes such persons as a physician, registered nurse, social worker, clergyman and trained volunteer.

(Added to NRS by 1979, 1112; A 1985, 1737; 1989, 1035; 2005, 485)

NRS 449.012 “Hospital” defined. “Hospital” means an establishment for the diagnosis, care and treatment of human illness, including care available 24 hours each day from persons licensed to practice professional nursing who are under the direction of a physician, services of a medical laboratory and medical, radiological, dietary and pharmaceutical services.

(Added to NRS by 1973, 1279; A 1985, 1737)

NRS 449.013 “Independent center for emergency medical care” defined. “Independent center for emergency medical care” means a facility, structurally separate and distinct from a hospital, which provides limited services for the treatment of a medical emergency.

(Added to NRS by 1985, 1735)

NRS 449.0145 “Licensed practical nurse” defined. “Licensed practical nurse” has the meaning ascribed to it in NRS 632.016.

(Added to NRS by 2005, 1517)

NRS 449.0151 “Medical facility” defined. “Medical facility” includes:

1. A surgical center for ambulatory patients;

2. An obstetric center;

3. An independent center for emergency medical care;

4. An agency to provide nursing in the home;

5. A facility for intermediate care;

6. A facility for skilled nursing;

7. A facility for hospice care;

8. A hospital;

9. A psychiatric hospital;

10. A facility for the treatment of irreversible renal disease;

11. A rural clinic;

12. A nursing pool;

13. A facility for modified medical detoxification;

14. A facility for refractive surgery;

15. A mobile unit; and

16. A community triage center.

(Added to NRS by 1973, 1279; A 1975, 366; 1979, 161, 887, 1113; 1983, 1657; 1985, 1736; 1989, 304, 1035, 1037; 1999, 248, 970; 2001, 1341; 2005, 532, 2693)

NRS 449.01515 “Mobile unit” defined.

1. Except as otherwise provided in subsection 2, “mobile unit” means a motor vehicle that is specially designed, constructed and equipped to provide any of the medical services provided by a medical facility described in subsections 1 to 13, inclusive, of NRS 449.0151.

2. “Mobile unit” does not include:

(a) A motor vehicle that is operated by a medical facility described in subsections 1 to 13, inclusive, of NRS 449.0151 which is accredited by the Joint Commission on Accreditation of Healthcare Organizations or the American Osteopathic Association;

(b) A motor vehicle that is operated by a health center that is funded under section 330 of the Public Health Service Act, 42 U.S.C. § 254b, as amended; or

(Added to NRS by 2001, 1339; A 2003, 421)

NRS 449.0152 “Nursing assistant” defined. “Nursing assistant” has the meaning ascribed to it in NRS 632.0166.

(Added to NRS by 2005, 1517)

NRS 449.0153 “Nursing pool” defined. “Nursing pool” means a person or agency which provides for compensation, through its employees or by contractual arrangement with other persons, nursing services to any natural person, medical facility or facility for the dependent. The term does not include:

1. An independent contractor who provides such services without the assistance of employees;

2. A nursing pool based in a medical facility or facility for the dependent; or

3. A provider of supported living arrangement services during any period in which the provider of supported living arrangement services is engaged in providing supported living arrangement services.

(Added to NRS by 1989, 303; A 2005, 1380)

NRS 449.0155 “Obstetric center” defined. “Obstetric center” means a facility that is not part of a hospital and provides services for normal, uncomplicated births.

(Added to NRS by 1985, 1735)

NRS 449.0156 “Palliative services” defined. “Palliative services” means services and treatments directed toward the control of pain and symptoms which provide the greatest degree of relief for the longest period while minimizing any adverse effects of the services and treatments, including, without limitation, any side effects of any medications given or administered.

(Added to NRS by 2005, 485)

NRS 449.0157 “Provider of health care” defined. “Provider of health care” has the meaning ascribed to it in NRS 629.031.

(Added to NRS by 1995, 1600)

NRS 449.0159 “Provider of supported living arrangement services” defined. “Provider of supported living arrangement services” means a natural person who or a partnership, firm, corporation, association, state or local government or agency thereof that has been issued a certificate pursuant to NRS 435.3305 to 435.339, inclusive, and the regulations adopted pursuant to NRS 435.3305 to 435.339, inclusive.

(Added to NRS by 2005, 1379)

NRS 449.0165 “Psychiatric hospital” defined. “Psychiatric hospital” means a hospital for the diagnosis, care and treatment of mental illness which provides 24-hour residential care.

(Added to NRS by 1985, 1735)

NRS 449.0167 “Registered nurse” defined. “Registered nurse” has the meaning ascribed to it in NRS 632.019.

(Added to NRS by 2005, 1517)

NRS 449.017 “Residential facility for groups” defined.

1. Except as otherwise provided in subsection 2, “residential facility for groups” means an establishment that furnishes food, shelter, assistance and limited supervision to an aged, infirm, mentally retarded or handicapped person. The term includes, without limitation, an assisted living facility.

2. The term does not include:

(a) An establishment which provides care only during the day;

(b) A natural person who provides care for no more than two persons in his own home;

(c) A natural person who provides care for one or more persons related to him within the third degree of consanguinity or affinity;

(d) A halfway house for recovering alcohol and drug abusers; or

(e) A facility funded by a division or program of the Department of Health and Human Services.

(Added to NRS by 1973, 1278; A 1979, 212; 1983, 1657; 1985, 930, 1736; 1991, 1974; 1993, 1213; 1999, 114, 125; 2001, 57, 546, 2519, 2522)

NRS 449.0175 “Rural clinic” defined. “Rural clinic” means a facility located in an area that is not designated as an urban area by the Bureau of the Census, where medical services are provided by a physician assistant or an advanced practitioner of nursing under the supervision of a licensed physician.

(Added to NRS by 1985, 1735; A 2001, 782)

NRS 449.0177 “Rural hospital” defined. “Rural hospital” means a hospital with 85 or fewer beds which is:

1. The sole institutional provider of health care located within a county whose population is less than 100,000;

2. The sole institutional provider of health care located within a city whose population is less than 25,000; or

3. Maintained and governed pursuant to NRS 450.550 to 450.750, inclusive.

(Added to NRS by 1995, 1600; A 2001, 1992)

NRS 449.0185 “Supported living arrangement services” defined. “Supported living arrangement services” has the meaning ascribed to it in NRS 435.3315.

(Added to NRS by 2005, 1379)

NRS 449.019 “Surgical center for ambulatory patients” defined. “Surgical center for ambulatory patients” means a facility with limited medical services available for diagnosis or treatment of patients by surgery where the patients’ recovery, in the opinion of the surgeon, will not require care as a patient in the facility for more than 24 hours.

(Added to NRS by 1975, 366; A 1985, 1736; 1993, 207)

NRS 449.0195 “Terminally ill” defined. “Terminally ill” means a medical diagnosis made by a physician that a person has an anticipated life expectancy of not more than 12 months.

(Added to NRS by 2005, 485)

NRS 449.021 Classification of hospitals.

1. A hospital which provides only one or two of the following categories of service:

(a) Medical;

(b) Surgical;

(d) Psychiatric,

Ê shall be designated a medical hospital, surgical hospital, obstetrical hospital or psychiatric hospital or combined-categories hospital, as the case may be.

2. When a hospital offers services in medical, surgical and obstetrical categories, as a minimum, it shall be designated a general hospital.

(Added to NRS by 1971, 933; A 1973, 1280)

NRS 449.026 Misleading name or other designation of facility prohibited. The name, sign, listing or other designation of a medical facility or facility for the dependent must not contain any terms misleading to the public with regard to the services offered.

(Added to NRS by 1973, 1279; A 1975, 367; 1985, 1738)

NRS 449.030 License required to operate or maintain facility or to operate program of hospice care.

1. No person, state or local government or agency thereof may operate or maintain in this State any medical facility or facility for the dependent without first obtaining a license therefor as provided in NRS 449.001 to 449.240, inclusive.

2. Unless licensed as a facility for hospice care, a person, state or local government or agency thereof shall not operate a program of hospice care without first obtaining a license for the program from the Board.

[Part 1:336:1951]—(NRS A 1971, 934; 1973, 1281; 1985, 1738; 1989, 1035; 1997, 444, 1484; 1999, 249, 3608)

NRS 449.0305 Businesses that provide referrals to residential facilities for groups: License required; standards and regulations; provision of referrals; prohibited acts; civil penalties.

1. Except as otherwise provided in subsection 5, a person must obtain a license from the Board to operate a business that provides referrals to residential facilities for groups.

2. The Board shall adopt:

(a) Standards for the licensing of businesses that provide referrals to residential facilities for groups;

(b) Standards relating to the fees charged by such businesses;

(d) Regulations establishing requirements for training the employees of such businesses.

3. A licensed nurse, social worker, physician or hospital, or a provider of geriatric care who is licensed as a nurse or social worker, may provide referrals to residential facilities for groups through a business that is licensed pursuant to this section. The Board may, by regulation, authorize a public guardian or any other person it determines appropriate to provide referrals to residential facilities for groups through a business that is licensed pursuant to this section.

4. A business that is licensed pursuant to this section or an employee of such a business shall not:

(a) Refer a person to a residential facility for groups that is not licensed.

(b) Refer a person to a residential facility for groups that is owned by the same person who owns the business.

Ê A person who violates the provisions of this subsection is liable for a civil penalty to be recovered by the Attorney General in the name of the State Board of Health for the first offense of not more than $10,000 and for a second or subsequent offense of not less than $10,000 nor more than $20,000. Unless otherwise required by federal law, the State Board of Health shall deposit all civil penalties collected pursuant to this section into a separate account in the State General Fund to be used for the enforcement of this section and the protection of the health, safety, well-being and property of residences of residential facilities for groups.

5. This section does not apply to a medical facility that is licensed pursuant to NRS 449.001 to 449.240, inclusive, on October 1, 1999.

(Added to NRS by 1999, 3606)

NRS 449.031 Requirements for program of hospice care. No person, state or local government or agency may represent that it provides “hospice care” unless the program of care, either directly or indirectly:

1. Has a medical director whose responsibilities are appropriate to the needs of the program and who:

(a) Is a physician, currently licensed to practice;

(b) On the basis of training, experience and interest, is knowledgeable about the psychosocial and medical aspects of hospice; and

2. Is provided to the patient, as needed, in the patient’s home, at a residential facility and at a medical facility, at any time of the day or night;

3. Includes medical, nursing, psychological and pastoral care and social services at the level required by the patient’s condition;

4. Provides supportive services for the patient’s immediate family and other persons with significant personal ties to the patient, whether or not related by blood, including:

(a) Care for the patient which provides a respite from the stresses and responsibilities that result from the daily care of the patient; and

(b) Emotional support and other care after the patient dies; and

5. Includes the services of trained volunteers.

(Added to NRS by 1989, 1034)

NRS 449.0315 Provision of care by facility for hospice care.

1. A licensed facility for hospice care may provide any of the following levels of care for terminally ill patients:

(a) Medical care for a patient who is in an acute episode of illness;

(b) Skilled nursing care;

(d) Custodial care; and

(e) Palliative services.

2. A licensed facility for hospice care may provide direct supportive services to a patient’s family and persons who provide care for the patient, including services which provide care for the patient during the day and other services which provide a respite from the stresses and responsibilities that result from the daily care of the patient.

(Added to NRS by 1989, 1034; A 1999, 249; 2005, 485)

NRS 449.032 Admission of dentist to membership on medical staff of hospital. No dentist may be:

1. Automatically admitted to membership on the medical staff of a hospital solely because he is licensed as a dentist in this state or is authorized pursuant to NRS 631.267 to perform certain functions; or

2. Denied admission to membership on the medical staff of a hospital merely because he is licensed as a dentist and not as a physician.

(Added to NRS by 1985, 2097)

NRS 449.034 Physician and nurse required to operate independent center to provide emergency medical care. An independent center to provide emergency medical care shall not be operated unless a physician and registered nurse are on the premises.

(Added to NRS by 1985, 1735)

NRS 449.035 Supervision of facility for skilled nursing or facility for intermediate care.

1. Except as otherwise provided in subsection 2, a facility for skilled nursing or facility for intermediate care licensed pursuant to the provisions of NRS 449.001 to 449.240, inclusive, may not be operated except under the supervision of a nursing facility administrator who is at the facility and licensed under the provisions of chapter 654 of NRS.

2. The provisions of subsection 1 do not apply to a facility for intermediate care which limits its care and treatment to those persons who are mentally retarded or who have conditions related to mental retardation.

(Added to NRS by 1969, 672; A 1971, 934; 1973, 1281; 1977, 1031; 1985, 1738; 1993, 1214)

NRS 449.0355 Supervision of residential facility for groups. A residential facility for groups must not be operated except under the supervision of an administrator of a residential facility for groups licensed pursuant to the provisions of chapter 654 of NRS.

(Added to NRS by 1993, 2144)

NRS 449.0356 Certification required for alcohol and drug abuse programs operated or provided by facility for transitional living for released offenders. [Effective through June 30, 2007.] Each alcohol and drug abuse program operated or provided by a facility for transitional living for released offenders must be certified by the Health Division in accordance with the requirements set forth in chapter 458 of NRS and any regulations adopted pursuant thereto. As used in this section, “alcohol and drug abuse program” has the meaning ascribed to it in NRS 458.010.

(Added to NRS by 2005, 2350)

NRS 449.0356 Certification required for alcohol and drug abuse programs operated or provided by facility for transitional living for released offenders. [Effective July 1, 2007.] Each alcohol and drug abuse program operated or provided by a facility for transitional living for released offenders must be certified by the Division of Mental Health and Developmental Services of the Department of Health and Human Services in accordance with the requirements set forth in chapter 458 of NRS and any regulations adopted pursuant thereto. As used in this section, “alcohol and drug abuse program” has the meaning ascribed to it in NRS 458.010.

(Added to NRS by 2005, 2350; A 2005, 22nd Special Session, 67, effective July 1, 2007)

1. The Board shall establish minimum continuing education requirements concerning the care of persons with any form of dementia, including, without limitation, dementia caused by Alzheimer’s disease, for each person who is:

(a) Employed by a facility for skilled nursing, facility for intermediate care or residential facility for groups which provides care to persons with any form of dementia; and

(b) Licensed or certified by an occupational licensing board.

2. In establishing continuing education requirements pursuant to subsection 1, the Board shall consider any other educational requirements imposed on such employees to ensure that the continuing education requirements established by the Board do not duplicate or conflict with the existing educational requirements imposed on those employees.

3. The administrator of a facility for skilled nursing, facility for intermediate care or residential facility for groups which provides care to persons with any form of dementia, including, without limitation, dementia caused by Alzheimer’s disease, shall ensure that each employee of the facility who is required to comply with the requirements for continuing education established by the Board pursuant to this section complies with such requirements.

(Added to NRS by 2003, 856)

NRS 449.036 Requirements for obstetric center. An obstetric center must:

1. Provide sufficient space for members of the family of the pregnant woman and other persons chosen by the woman to assist her with the birth; and

2. Have obstetrical services available to meet the needs of an acute patient.

(Added to NRS by 1985, 1735)

NRS 449.037 Adoption of standards, qualifications and other regulations.

1. The Board shall adopt:

(a) Licensing standards for each class of medical facility or facility for the dependent covered by NRS 449.001 to 449.240, inclusive, and for programs of hospice care.

(b) Regulations governing the licensing of such facilities and programs.

(c) Regulations governing the procedure and standards for granting an extension of the time for which a natural person may provide certain care in his home without being considered a residential facility for groups pursuant to NRS 449.017. The regulations must require that such grants are effective only if made in writing.

(d) Regulations establishing a procedure for the indemnification by the Health Division, from the amount of any surety bond or other obligation filed or deposited by a facility for refractive surgery pursuant to NRS 449.068 or 449.069, of a patient of the facility who has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

(e) Any other regulations as it deems necessary or convenient to carry out the provisions of NRS 449.001 to 449.240, inclusive.

2. The Board shall adopt separate regulations governing the licensing and operation of:

(a) Facilities for the care of adults during the day; and

(b) Residential facilities for groups,

Ê which provide care to persons with Alzheimer’s disease.

3. The Board shall adopt separate regulations for:

(a) The licensure of rural hospitals which take into consideration the unique problems of operating such a facility in a rural area.

(b) The licensure of facilities for refractive surgery which take into consideration the unique factors of operating such a facility.

(c) The licensure of mobile units which take into consideration the unique factors of operating a facility that is not in a fixed location.

4. The Board shall require that the practices and policies of each medical facility or facility for the dependent provide adequately for the protection of the health, safety and physical, moral and mental well-being of each person accommodated in the facility.

5. The Board shall establish minimum qualifications for administrators and employees of residential facilities for groups. In establishing the qualifications, the Board shall consider the related standards set by nationally recognized organizations which accredit such facilities.

6. The Board shall adopt separate regulations regarding the assistance which may be given pursuant to NRS 453.375 and 454.213 to an ultimate user of controlled substances or dangerous drugs by employees of residential facilities for groups. The regulations must require at least the following conditions before such assistance may be given:

(a) The ultimate user’s physical and mental condition is stable and is following a predictable course.

(b) The amount of the medication prescribed is at a maintenance level and does not require a daily assessment.

(1) Addresses possession and assistance in the administration of the medication; and

(2) Includes a plan, which has been prepared under the supervision of a registered nurse or licensed pharmacist, for emergency intervention if an adverse condition results.

(d) The prescribed medication is not administered by injection or intravenously.

(e) The employee has successfully completed training and examination approved by the Health Division regarding the authorized manner of assistance.

7. The Board shall adopt separate regulations governing the licensing and operation of residential facilities for groups which provide assisted living services. The Board shall not allow the licensing of a facility as a residential facility for groups which provides assisted living services and a residential facility for groups shall not claim that it provides “assisted living services” unless:

(a) Before authorizing a person to move into the facility, the facility makes a full written disclosure to the person regarding what services of personalized care will be available to the person and the amount that will be charged for those services throughout the resident’s stay at the facility.

(b) The residents of the facility reside in their own living units which:

(1) Except as otherwise provided in subsection 8, contain toilet facilities;

(2) Contain a sleeping area or bedroom; and

(3) Are shared with another occupant only upon consent of both occupants.

(c) The facility provides personalized care to the residents of the facility and the general approach to operating the facility incorporates these core principles:

(1) The facility is designed to create a residential environment that actively supports and promotes each resident’s quality of life and right to privacy;

(2) The facility is committed to offering high-quality supportive services that are developed by the facility in collaboration with the resident to meet the resident’s individual needs;

(3) The facility provides a variety of creative and innovative services that emphasize the particular needs of each individual resident and his personal choice of lifestyle;

(4) The operation of the facility and its interaction with its residents supports, to the maximum extent possible, each resident’s need for autonomy and the right to make decisions regarding his own life;

(5) The operation of the facility is designed to foster a social climate that allows the resident to develop and maintain personal relationships with fellow residents and with persons in the general community;

(6) The facility is designed to minimize and is operated in a manner which minimizes the need for its residents to move out of the facility as their respective physical and mental conditions change over time; and

(7) The facility is operated in such a manner as to foster a culture that provides a high-quality environment for the residents, their families, the staff, any volunteers and the community at large.

8. The Health Division may grant an exception from the requirement of subparagraph (1) of paragraph (b) of subsection 7 to a facility licensed as a residential facility for groups on or before July 1, 2005, and which is authorized to have 10 or fewer beds and was originally constructed as a single-family dwelling, if the Health Division finds that:

(a) Strict application of that requirement would result in economic hardship to the facility requesting the exception; and

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

(1) Cause substantial detriment to the health or welfare of any resident of the facility;

(2) Result in more than two residents sharing a toilet facility; or

(3) Otherwise impair substantially the purpose of that requirement.

9. The Board shall, if it determines necessary, adopt regulations and requirements to ensure that each residential facility for groups and its staff are prepared to respond to an emergency, including, without limitation:

(a) The adoption of plans to respond to a natural disaster and other types of emergency situations, including, without limitation, an emergency involving fire;

(b) The adoption of plans to provide for the evacuation of a residential facility for groups in an emergency, including, without limitation, plans to ensure that nonambulatory patients may be evacuated;

(c) Educating the residents of residential facilities for groups concerning the plans adopted pursuant to paragraphs (a) and (b); and

(d) Posting the plans or a summary of the plans adopted pursuant to paragraphs (a) and (b) in a conspicuous place in each residential facility for groups.

10. The regulations governing the licensing and operation of facilities for transitional living for released offenders must provide for the licensure of at least three different types of facilities, including, without limitation:

(a) Facilities that only provide a housing and living environment;

(b) Facilities that provide or arrange for the provision of supportive services for residents of the facility to assist the residents with reintegration into the community, in addition to providing a housing and living environment; and

(c) Facilities that provide or arrange for the provision of alcohol and drug abuse programs, in addition to providing a housing and living environment and providing or arranging for the provision of other supportive services.

11. As used in this section, “living unit” means an individual private accommodation designated for a resident within the facility.

(Added to NRS by 1969, 946; A 1971, 934; 1973, 1281; 1985, 1738; 1987, 990; 1989, 1036, 2155, 2156; 1991, 1975; 1993, 1214; 1995, 1600; 1999, 3608; 2001, 1341; 2003, 1921; 2005, 2165, 2350, 2693)

NRS 449.038 Regulation of other facilities. The Board may adopt regulations requiring the licensing of a facility other than those required to be licensed pursuant to NRS 449.001 to 449.240, inclusive, if the:

1. Facility provides any type of medical care or treatment; and

2. Regulation is necessary to protect the health of the general public.

(Added to NRS by 1985, 1735)

NRS 449.040 Application for license: Filing; contents. Any person, state or local government or agency thereof desiring a license under the provisions of NRS 449.001 to 449.240, inclusive, must file with the Health Division an application on a form prescribed, prepared and furnished by the Health Division, containing:

1. The name of the applicant and, if a natural person, whether the applicant has attained the age of 21 years.

2. The type of facility to be operated.

3. The location of the facility.

4. In specific terms, the nature of services and type of care to be offered, as defined in the regulations.

5. The number of beds authorized by the Director of the Department of Health and Human Services or, if such authorization is not required, the number of beds the facility will contain.

6. The name of the person in charge of the facility.

7. Such other information as may be required by the Health Division for the proper administration and enforcement of NRS 449.001 to 449.240, inclusive.

8. Evidence satisfactory to the Health Division that the applicant is of reputable and responsible character. If the applicant is a firm, association, organization, partnership, business trust, corporation or company, similar evidence must be submitted as to the members thereof, and the person in charge of the facility for which application is made. If the applicant is a political subdivision of the State or other governmental agency, similar evidence must be submitted as to the person in charge of the institution for which application is made.

9. Evidence satisfactory to the Health Division of the ability of the applicant to comply with the provisions of NRS 449.001 to 449.240, inclusive, and the standards and regulations adopted by the Board.

10. Evidence satisfactory to the Health Division that the facility conforms to the zoning regulations of the local government within which the facility will be operated or that the applicant has applied for an appropriate reclassification, variance, permit for special use or other exception for the facility.

[2:336:1951]—(NRS A 1963, 959; 1971, 934; 1973, 1281; 1975, 367; 1985, 1739; 1987, 776; 1991, 1078)

NRS 449.050 Fees; exemption.

1. Except as otherwise provided in subsection 2, each application for a license must be accompanied by such fee as may be determined by regulation of the Board. The Board may, by regulation, allow or require payment of a fee for a license in installments and may fix the amount of each payment and the date that the payment is due.

2. A facility for the care of adults during the day is exempt from the fees imposed by the Board pursuant to this section.

3. The fee imposed by the Board for a facility for transitional living for released offenders must be based on the type of facility that is being licensed and must be calculated to produce the revenue estimated to cover the costs related to the license, but in no case may a fee for a license exceed the actual cost to the Health Division of issuing or renewing the license.

4. If an application for a license for a facility for transitional living for released offenders is denied, any amount of the fee paid pursuant to this section that exceeds the expenses and costs incurred by the Health Division must be refunded to the applicant.

[Part 3:336:1951]—(NRS A 1971, 935; 1973, 1282; 1985, 1739; 1995, 501; 2003, 580; 2005, 2352)

NRS 449.060 Expiration and renewal of license.

1. Each license issued pursuant to NRS 449.001 to 449.240, inclusive, expires on December 31 following its issuance and is renewable for 1 year upon reapplication and payment of all fees required pursuant to NRS 449.050 unless the Health Division finds, after an investigation, that the facility has not:

(a) Satisfactorily complied with the provisions of NRS 449.001 to 449.240, inclusive, or the standards and regulations adopted by the Board;

(b) Obtained the approval of the Director of the Department of Health and Human Services before undertaking a project, if such approval is required by NRS 439A.100; or

2. Each reapplication for an agency to provide personal care services in the home, an agency to provide nursing in the home, a residential facility for intermediate care, a facility for skilled nursing or a residential facility for groups must include, without limitation, a statement that the facility or agency is in compliance with the provisions of NRS 449.173 to 449.188, inclusive.

[Part 3:336:1951]—(NRS A 1963, 959; 1971, 935; 1973, 1282; 1985, 1739; 1987, 777; 1991, 1078; 1995, 1490; 1997, 445; 2003, 580; 2005, 2167)

NRS 449.063 “Older patient” defined. As used in this section and NRS 449.065 and 449.067, “older patient” means a patient who is 60 years of age or older.

(Added to NRS by 1997, 1482)

1. Except as otherwise provided in subsections 6 and 7 and NRS 449.067, each facility for intermediate care, facility for skilled nursing, residential facility for groups, agency to provide personal care services in the home and agency to provide nursing in the home shall, when applying for a license or renewing a license, file with the Administrator of the Health Division a surety bond:

(a) If the facility or agency employs less than 7 employees, in the amount of $5,000;

(b) If the facility or agency employs at least 7 but not more than 25 employees, in the amount of $25,000; or

2. A bond filed pursuant to this section must be executed by the facility or agency as principal and by a surety company as surety. The bond must be payable to the Aging Services Division of the Department of Health and Human Services and must be conditioned to provide indemnification to an older patient who the Specialist for the Rights of Elderly Persons determines has suffered property damage as a result of any act or failure to act by the facility or agency to protect the property of the older patient.

3. Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Health Division, but the release does not discharge or otherwise affect any claim filed by an older patient for property damaged as a result of any act or failure to act by the facility or agency to protect the property of the older patient alleged to have occurred while the bond was in effect.

5. A license is suspended by operation of law when the facility or agency is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.067. The Administrator of the Health Division shall give the facility or agency at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond or substitute for the surety bond is filed in the same manner and amount as the bond or substitute being terminated.

6. The Administrator of the Health Division may exempt a residential facility for groups from the requirement of filing a surety bond pursuant to this section if the Administrator determines that the requirement would result in undue hardship to the residential facility for groups.

7. The requirement of filing a surety bond set forth in this section does not apply to a facility for intermediate care, facility for skilled nursing, residential facility for groups, agency to provide personal care services in the home or agency to provide nursing in the home that is operated and maintained by the State of Nevada or an agency thereof.

(Added to NRS by 1997, 1482; A 2003, 524; 2005, 2168)

1. As a substitute for the surety bond required pursuant to NRS 449.065, a facility for intermediate care, a facility for skilled nursing, a residential facility for groups, an agency to provide personal care services in the home and an agency to provide nursing in the home may deposit with any bank or trust company authorized to do business in this State, upon approval from the Administrator of the Health Division:

(a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this State;

(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

(c) Any obligation of this State or any city, county, town, township, school district or other instrumentality of this State, or guaranteed by this State, in an aggregate amount, based upon principal amount or market value, whichever is lower.

2. The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449.065. With the approval of the Administrator of the Health Division, the depositor may substitute other suitable obligations for those deposited, which must be assigned to the Aging Services Division of the Department of Health and Human Services and are negotiable only upon approval by the Administrator of the Aging Services Division.

3. Any interest or dividends earned on the deposit accrue to the account of the depositor.

4. The deposit must be an amount at least equal to the surety bond required by NRS 449.065 and must state that the amount may not be withdrawn except by direct and sole order of the Administrator of the Aging Services Division.

(Added to NRS by 1997, 1483; A 2003, 525; 2005, 2169)

NRS 449.068 Surety bond required for initial license and renewal of license to operate facility for refractive surgery.

1. Except as otherwise provided in NRS 449.069, each facility for refractive surgery shall, when applying for a license or renewing a license, file with the Administrator of the Health Division a surety bond:

(a) If the facility employs less than 7 employees, in the amount of $10,000;

(b) If the facility employs at least 7 but not more than 25 employees, in the amount of $50,000; or

2. A bond filed pursuant to this section must be executed by the facility as principal and by a surety company as surety. The bond must be payable to the Health Division and must be conditioned to provide indemnification to a patient of the facility who the Administrator of the Health Division or his designee determines has sustained any damages as a result of the bankruptcy of or any breach of contract by the facility.

3. Except when a surety is released, the surety bond must cover the period of the initial license to operate or the period of the renewal, as appropriate.

4. A surety on any bond filed pursuant to this section may be released after the surety gives 30 days’ written notice to the Administrator of the Health Division, but the release does not discharge or otherwise affect any claim filed by a patient for any damages sustained as a result of the bankruptcy of or any breach of contract by the facility while the bond was in effect.

5. The license of a facility for refractive surgery is suspended by operation of law when the facility is no longer covered by a surety bond as required by this section or by a substitute for the surety bond pursuant to NRS 449.069. The Administrator of the Health Division shall give the facility at least 20 days’ written notice before the release of the surety or the substitute for the surety, to the effect that the license will be suspended by operation of law until another surety bond is filed or substitute for the surety bond is deposited in the same manner and amount as the bond or substitute being terminated.

(Added to NRS by 2001, 1340; A 2005, 2696)

NRS 449.069 Substitute for surety bond required for initial license and renewal of license to operate facility for refractive surgery.

1. As a substitute for the surety bond required pursuant to NRS 449.068, a facility for refractive surgery may deposit with any bank or trust company authorized to do business in this State, upon approval of the Administrator of the Health Division:

(a) An obligation of a bank, savings and loan association, thrift company or credit union licensed to do business in this State;

(b) Bills, bonds, notes, debentures or other obligations of the United States or any agency or instrumentality thereof, or guaranteed by the United States; or

2. The obligations of a bank, savings and loan association, thrift company or credit union must be held to secure the same obligation as would the surety bond required by NRS 449.068. With the approval of the Administrator of the Health Division, the facility may substitute other suitable obligations for those deposited, which must be assigned to the Health Division and are negotiable only upon approval of the Administrator of the Health Division.

3. Any interest or dividends earned on the deposit accrue to the account of the facility.

4. The deposit must be an amount at least equal to the surety bond required by NRS 449.068 and must state that the amount may not be withdrawn except by the direct and sole order of the Administrator of the Health Division.

(Added to NRS by 2001, 1340; A 2005, 2696)

NRS 449.070 Facilities exempt from NRS 449.001 to 449.240, inclusive. The provisions of NRS 449.001 to 449.240, inclusive, do not apply to:

1. Any facility conducted by and for the adherents of any church or religious denomination for the purpose of providing facilities for the care and treatment of the sick who depend solely upon spiritual means through prayer for healing in the practice of the religion of the church or denomination, except that such a facility shall comply with all regulations relative to sanitation and safety applicable to other facilities of a similar category.

2. Foster homes as defined in NRS 424.014.

3. Any medical facility or facility for the dependent operated and maintained by the United States Government or an agency thereof.

[Part 3:336:1951] + [7:336:1951]—(NRS A 1971, 935; 1973, 1282; 1979, 887; 1985, 1740; 1993, 2724; 2003, 857; 2005, 2169)

NRS 449.080 License: Issuance; validity; transferability.

1. If, after investigation, the Health Division finds that the:

(a) Applicant is in full compliance with the provisions of NRS 449.001 to 449.240, inclusive;

(b) Applicant is in substantial compliance with the standards and regulations adopted by the Board;

(c) Applicant, if he has undertaken a project for which approval is required pursuant to NRS 439A.100, has obtained the approval of the Director of the Department of Health and Human Services; and

(d) Facility conforms to the applicable zoning regulations,

Ê the Health Division shall issue the license to the applicant.

2. A license applies only to the person to whom it is issued, is valid only for the premises described in the license and is not transferable.

[Part 3:336:1951]—(NRS A 1963, 959; 1971, 935; 1973, 1283; 1985, 1740; 1987, 777; 1991, 1078)

NRS 449.085 License: Form; contents. Each license issued by the Health Division shall be in the form prescribed by the Division and shall contain:

1. The name of the person or persons authorized to operate such licensed facility;

2. The location of such licensed facility; and

3. The number of beds authorized in such licensed facility, the nature of services offered and the service delivery capacity.

(Added to NRS by 1973, 1279; A 1975, 367)

NRS 449.087 License: Amendment required for addition of certain services.

1. A licensee must obtain the approval of the Health Division to amend his license to operate a facility before the addition of any of the following services:

(a) The intensive care of newborn babies.

(b) The treatment of burns.

(d) The performance of open-heart surgery.

(e) A center for the treatment of trauma.

2. The Health Division shall approve an application to amend a license to allow a facility to provide any of the services described in subsection 1 if the applicant satisfies the requirements contained in NRS 449.080. The Health Division may revoke its approval if the licensee fails to maintain substantial compliance with standards approved by the Board for the provision of such services, or with any conditions included in the written approval of the Director issued pursuant to the provisions of NRS 439A.100.

3. The Board shall consider standards adopted by appropriate national organizations as a guide for adopting standards for the approval of the provision of services pursuant to this section.

(Added to NRS by 1987, 876; A 1989, 1948)

NRS 449.091 Provisional license.

1. The Health Division may cancel the license of a medical facility or facility for the dependent and issue a provisional license, effective for a period determined by the Health Division, to such a facility if it:

(a) Is in operation at the time of the adoption of standards and regulations pursuant to the provisions of NRS 449.001 to 449.240, inclusive, and the Health Division determines that the facility requires a reasonable time under the particular circumstances within which to comply with the standards and regulations; or

(b) Has failed to comply with the standards or regulations and the Health Division determines that the facility is in the process of making the necessary changes or has agreed t

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Chapter 449 — Medical and Other Related Facilities

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