2005 Nevada Revised Statutes - Chapter 439 — Administration of Public Health

Title 40 - PUBLIC HEALTH AND SAFETY

CHAPTER 439 - ADMINISTRATION OF PUBLICHEALTH

GENERAL PROVISIONS

NRS 439.005 Definitions.

HEALTH DIVISION OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES

Administration

NRS 439.010 Administrationof chapter.

NRS 439.015 Acceptanceand disbursement of federal appropriations; deposit to State Health DivisionFederal Account.

NRS 439.030 StateBoard of Health: Creation; members; qualifications.

NRS 439.040 StateBoard of Health: Term of office.

NRS 439.060 StateBoard of Health: Meetings; quorum.

NRS 439.070 StateBoard of Health: Secretary; Executive Officer.

NRS 439.080 StateBoard of Health: Compensation of members and employees.

NRS 439.090 StateHealth Officer and Administrator: Qualifications.

NRS 439.100 StateHealth Officer: Appointment; vacancy; unclassified service.

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

NRS 439.130 StateHealth Officer and Administrator: Duties.

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

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

 

Powers and Duties

NRS 439.150 StateBoard of Health supreme in matters concerning health; Department designatedagency for federal cooperation; fees. [Effective through June 30, 2007.]

NRS 439.150 StateBoard of Health supreme in matters concerning health; Department designatedagency for federal cooperation; fees. [Effective July 1, 2007.]

NRS 439.160 Uniformcompliance with provisions of chapter.

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

NRS 439.180 Biennialreport to Director by Administrator.

NRS 439.190 Hearingsand witnesses.

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

NRS 439.230 Personaland statistical information to be secured from patient admitted or committed topublic or private institution.

NRS 439.240 StateHygienic Laboratory.

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

NRS 439.270 Personsdiagnosed with epilepsy: State Board of Health to define epilepsy forpurposes of section; reports required to be submitted to Health Division and toDepartment of Motor Vehicles; confidentiality of reports; criminal penalty.

DENTAL HEALTH

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

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

LOCAL ADMINISTRATION

County Board of Health and County Health Officer

NRS 439.280 Countyboard of health: Composition; officers; compensation.

NRS 439.290 Countyhealth officer: Appointment; qualifications; term.

NRS 439.300 Countyhealth officer: Compensation.

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

NRS 439.320 Countyhealth officer: Executive officer of county board of health; may be countyphysician.

NRS 439.330 Deputycounty health officer: Appointment; compensation; duties.

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

NRS 439.350 Countyboard of health: Duties.

NRS 439.360 Countyboard of health: Powers.

 

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

NRS 439.361 Applicability.

NRS 439.362 Healthdistrict: Creation; composition; appointment and terms of members; duty tomaintain records; county, city and town boards of health abolished.

NRS 439.363 Healthdistrict fund: Creation.

NRS 439.364 Districtboard of health: Meetings; quorum; duties.

NRS 439.365 Districtboard of health: Budget; adoption by board of county commissioners; annualallocation.

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

NRS 439.367 Districtboard of health: Powers.

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

 

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

NRS 439.369 Applicability.

NRS 439.370 Healthdistrict: Creation.

NRS 439.380 Countyor city board of health abolished upon creation of district board of health.

NRS 439.383 Countyboards of health within district abolished upon creation of district board ofhealth.

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

NRS 439.390 Districtboard of health: Composition; qualifications of members.

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

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

 

City Board of Health and City Health Officer

NRS 439.420 Cityboard of health: Creation by ordinance.

NRS 439.430 Cityboard of health: Members; appointments; qualifications and compensation of cityhealth officer.

NRS 439.440 Inclusionof city in county or district health department.

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

NRS 439.460 Cityboard of health: Duties.

NRS 439.470 Cityboard of health: Powers.

 

Local Health Regulations

NRS 439.480 Localhealth officer: Supervision; jurisdiction.

NRS 439.490 Abatementor removal of nuisance.

ARTHRITIS PREVENTION AND CONTROL PROGRAM

NRS 439.501 Establishment.

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

NRS 439.505 Dutiesof Health Division.

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

STATEWIDE PROGRAM FOR SUICIDE PREVENTION

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

NRS 439.513 Employmentof trainer for suicide prevention; qualifications; duties.

STATE PROGRAM FOR FITNESS AND WELLNESS

NRS 439.514 Definitions.

NRS 439.515 AdvisoryCouncil defined.

NRS 439.516 Programdefined.

NRS 439.517 Establishment.

NRS 439.518 AdvisoryCouncil: Establishment; appointment of members.

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

NRS 439.521 Dutiesof Health Division.

NRS 439.522 Publichearings.

NRS 439.523 Authorityof Health Division to enter into contracts.

NRS 439.524 Submissionof annual report to Governor and Legislature.

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

MISCELLANEOUS PROVISIONS

NRS 439.530 Treatmentby prayer, mental or spiritual means; no compulsion to submit to medicaltreatment.

NRS 439.535 Clinicfor immunization of children: Availability; immunity of personnel from criminaland civil liability.

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

NRS 439.540 Chapterdoes not alter powers of Commissioner of Food and Drugs or powers of StateDairy Commission.

NRS 439.550 Strictenforcement of chapter by local health officer.

NRS 439.560 Enforcementof chapter by public officers.

NRS 439.565 Injunctionsagainst violations.

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

NRS 439.580 Penalties.

ADMINISTRATION OF CERTAIN PROCEEDS FROM MANUFACTURERS OFTOBACCO PRODUCTS

General Provisions

NRS 439.600 Legislativedeclaration.

 

Trust Fund for Public Health

NRS 439.605 Creationand administration of Fund; permissible investments; appropriation andexpenditure of interest and income.

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

NRS 439.615 Boardof Trustees of Fund: Powers and duties.

 

Fund for a Healthy Nevada

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

NRS 439.625 TaskForce for Fund: Creation; membership; selection and term of Chairman and ViceChairman; compensation of members; relief from regular duties of member who isofficer or employee of local government; administrative support and technicalassistance.

NRS 439.630 Powersand duties of Task Force and Department.

 

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

NRS 439.635 Definitions.

NRS 439.640 Householdincome defined.

NRS 439.645 Incomedefined.

NRS 439.650 Seniorcitizen defined.

NRS 439.655 Administration:Powers and duties of Department.

NRS 439.660 Administration:Cooperation between state and local agencies.

NRS 439.665 Contractsto subsidize cost of prescription drugs, pharmaceutical services and otherbenefits; eligibility for and amount of subsidies; copayments; waiver ofeligibility requirements; coverage provided by Federal Government; authority ofDepartment to change programs.

NRS 439.670 Requestfor subsidy; action on request; payment of subsidy.

NRS 439.675 Denialof request for subsidy; repayment of amount received pursuant to fraudulentrequest.

NRS 439.680 Judicialreview of decision to deny request for subsidy.

NRS 439.685 Revocationof subsidy and payment of restitution.

NRS 439.690 Restrictionson use of information contained in request for subsidy.

 

Subsidies for Provision of Pharmaceutical Services to Persons withDisabilities

NRS 439.705 Definitions.

NRS 439.715 Householdincome defined.

NRS 439.725 Incomedefined.

NRS 439.735 Administration:Powers and duties of Department.

NRS 439.745 Contractsto subsidize cost of prescription drugs and pharmaceutical services; subsidiesby Department; eligibility for and amount of subsidies; copayments; waiver ofeligibility requirements; coverage provided by Federal Government; authority ofDepartment to change programs.

NRS 439.755 Requestfor subsidy; action on request; payment of subsidy.

NRS 439.765 Denialof request for subsidy; repayment of amount received pursuant to fraudulentrequest.

NRS 439.775 Judicialreview of decision to deny request for subsidy.

NRS 439.785 Revocationof subsidy and payment of restitution.

NRS 439.795 Restrictionson use of information contained in request for subsidy.

HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES

NRS 439.800 Definitions.

NRS 439.802 Facility-acquiredinfection defined.

NRS 439.805 Medicalfacility defined.

NRS 439.810 Patientdefined.

NRS 439.815 Patientsafety officer defined.

NRS 439.820 Providerof health care defined.

NRS 439.825 Repositorydefined.

NRS 439.830 Sentinelevent defined.

NRS 439.835 Mandatoryreporting of sentinel events.

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

NRS 439.845 Analysisand reporting of trends regarding sentinel events; treatment of certaininformation regarding corrective action by medical facility.

NRS 439.850 Repositoryfor Health Care Quality Assurance: Creation; function.

NRS 439.855 Notificationof patients involved in sentinel events.

NRS 439.860 Inadmissibilityof certain information in administrative or legal proceeding.

NRS 439.865 Patientsafety plan: Development; approval; notice; compliance.

NRS 439.870 Patientsafety officer: Designation; duties.

NRS 439.875 Patientsafety committee: Establishment; composition; meetings; duties; proceedings andrecords are privileged.

NRS 439.880 Immunityfrom criminal and civil liability.

NRS 439.885 Violationby medical facility: Administrative sanction prohibited when voluntarilyreported.

NRS 439.890 Adoptionof regulations.

_________

 

GENERAL PROVISIONS

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

1. Administrator means the Administrator of theHealth Division.

2. Department means the Department of Health andHuman Services.

3. Director means the Director of the Department.

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

5. Health Division means the Health Division of theDepartment.

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

HEALTH DIVISION OF THE DEPARTMENT OF HEALTH AND HUMANSERVICES

Administration

NRS 439.010 Administrationof chapter. The provisions of this chaptermust be administered by the Administrator and the Health Division, subject to administrativesupervision by the Director.

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

NRS 439.015 Acceptanceand disbursement of federal appropriations; deposit to State Health DivisionFederal Account. The Department, through theHealth Division, may accept and direct the disbursement of money appropriatedby any Act of Congress and apportioned or allocated to the State of Nevada forhealth purposes. This federal money must be deposited in the State Treasury forcredit to the State Health Division Federal Account within the State GeneralFund.

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

NRS 439.030 StateBoard of Health: Creation; members; qualifications.

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

2. The Governor shall appoint:

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

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

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

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

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

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

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

NRS 439.040 StateBoard of Health: Term of office. After theinitial terms, the term of office of each member of the State Board of Healthis 4 years.

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

NRS 439.060 StateBoard of Health: Meetings; quorum.

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

2. The State Board of Health may hold such specialmeetings as may be called by the Chairman. A special meeting must be calledwhenever requested by the State Health Officer, the Administrator or by twomembers of the Board.

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

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

NRS 439.070 StateBoard of Health: Secretary; Executive Officer. TheAdministrator is the Executive Officer of the State Board of Health and heshall act as Secretary of the Board. He shall not be a member of the Board.

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

NRS 439.080 StateBoard of Health: Compensation of members and employees.

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

2. While engaged in the business of the State Board ofHealth, each member and employee of the Board is entitled to receive the perdiem allowance and travel expenses provided for state officers and employeesgenerally.

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

NRS 439.090 StateHealth Officer and Administrator: Qualifications.

1. The State Health Officer must:

(a) Be a citizen of the United States.

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

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

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

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

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

NRS 439.100 StateHealth Officer: Appointment; vacancy; unclassified service.

1. The Director shall appoint a State Health Officer.

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

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

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

NRS 439.110 StateHealth Officer: Devotion of time to official duties; cooperation with NevadaSystem of Higher Education.

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

2. Notwithstanding the provisions of NRS 281.127, the State Health Officer maycooperate with the Nevada System of Higher Education in the preparation andteaching of preservice professional workers in public health and in a programproviding additional professional preparation for public health workersemployed by the State of Nevada.

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

NRS 439.130 StateHealth Officer and Administrator: Duties.

1. The State Health Officer shall:

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

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

(c) Direct the work of subordinates and may authorizethem to act in his place and stead.

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

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

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

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

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

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

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

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

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

Powers and Duties

NRS 439.150 StateBoard of Health supreme in matters concerning health; Department designatedagency for federal cooperation; fees. [Effective through June 30, 2007.]

1. The State Board of Health is hereby declared to besupreme in all nonadministrative health matters. It has general supervisionover all matters, except for administrative matters, relating to thepreservation of the health and lives of citizens of this State and over thework of the State Health Officer and all district, county and city healthdepartments, boards of health and health officers.

2. The Department is hereby designated as the agencyof this State to cooperate with the federal authorities in the administrationof those parts of the Social Security Act which relate to the general promotionof Public Health. It may receive and expend all money made available to theHealth Division by the Federal Government, the State of Nevada or its politicalsubdivisions, or from any other source, for the purposes provided in thischapter. In developing and revising any state plan in connection with federalassistance for health programs, the Department shall consider, withoutlimitation, the amount of money available from the Federal Government for thoseprograms, the conditions attached to the acceptance of that money and the limitationsof legislative appropriations for those programs.

3. Except as otherwise provided in NRS 458.025 and 576.128, the State Board of Health may setreasonable fees for the:

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

(b) Programs and services of the Health Division;

(c) Review of plans; and

(d) Certification and licensing of personnel.

Fees setpursuant to this subsection must be calculated to produce for that period therevenue from the fees projected in the budget approved for the Health Divisionby the Legislature.

[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931NCL 5259] + [Part 6 1/2:199:1911; added 1939, 297; 1931 NCL 5259.02](NRS A1963, 939; 1967, 1168; 1973, 1406; 1981, 1599, 1898; 1987, 773; 1997, 3172; 2001, 415)

NRS 439.150 State Board of Health supreme inmatters concerning health; Department designated agency for federalcooperation; fees. [Effective July 1, 2007.]

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

2. The Department is hereby designated as the agencyof this State to cooperate with the federal authorities in the administrationof those parts of the Social Security Act which relate to the general promotionof Public Health. It may receive and expend all money made available to theHealth Division by the Federal Government, the State of Nevada or its politicalsubdivisions, or from any other source, for the purposes provided in thischapter. In developing and revising any state plan in connection with federalassistance for health programs, the Department shall consider, withoutlimitation, the amount of money available from the Federal Government for thoseprograms, the conditions attached to the acceptance of that money and the limitationsof legislative appropriations for those programs.

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

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

(b) Programs and services of the Health Division;

(c) Review of plans; and

(d) Certification and licensing of personnel.

Fees setpursuant to this subsection must be calculated to produce for that period therevenue from the fees projected in the budget approved for the Health Divisionby the Legislature.

[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931NCL 5259] + [Part 6 1/2:199:1911; added 1939, 297; 1931 NCL 5259.02](NRS A1963, 939; 1967, 1168; 1973, 1406; 1981, 1599, 1898; 1987, 773; 1997, 3172; 2001, 415; 2005, 22nd SpecialSession, 54, effective July 1, 2007)

NRS 439.160 Uniformcompliance with provisions of chapter.

1. The Health Division is charged with:

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

(b) Supervisory power over local health officers,

to the endthat all of the requirements of this chapter shall be uniformly complied with.

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

[Part 22:199:1911; RL 2973; NCL 5256](NRS A1963, 939)

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

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

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

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

NRS 439.190 Hearingsand witnesses. The State Board of Health mayhold hearings and summon witnesses to testify before it.

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

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

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

(a) To define and control dangerous communicablediseases.

(b) To prevent and control nuisances.

(c) To regulate sanitation and sanitary practices inthe interests of the public health.

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

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

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

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

2. Except as otherwise provided in NRS 444.650, those regulations have theeffect of law and supersede all local ordinances and regulations inconsistenttherewith, except those local ordinances and regulations which are morestringent than the regulations provided for in this section.

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

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

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

(1) Cause substantial detriment to the publicwelfare; or

(2) Impair substantially the purpose of thatregulation.

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

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

NRS 439.230 Personaland statistical information to be secured from patient admitted or committed topublic or private institution.

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

2. In case of persons admitted or committed formedical treatment of disease, the physician in charge shall specify for entryin the record the nature of the disease and where, in his opinion, it wascontracted.

3. The personal particulars and information requiredby this section shall be obtained from the individual himself, if it ispracticable to do so. When they cannot be so obtained, they shall be secured inas complete a manner as possible from relatives, friends or other personsacquainted with the facts.

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

NRS 439.240 StateHygienic Laboratory.

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

2. The purpose of the State Hygienic Laboratory is:

(a) To make available, at such charges as may beestablished, to health officials, the State Dairy Commission and licensedphysicians of the State, proper laboratory facilities for the prompt diagnosisof communicable diseases.

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

(c) To conduct research into the nature, cause,diagnosis and control of diseases.

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

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

4. The person in charge of the State HygienicLaboratory may have such technical assistants as that person, in cooperationwith the University of Nevada School of Medicine, considers necessary.

5. Reports of investigations conducted at the StateHygienic Laboratory may be published from time to time in bulletins andcirculars.

[1:230:1909; RL 3941; NCL 7060] + [2:230:1909; RL 3942; NCL 7061] + [3:230:1909; RL 3943; NCL 7062] + [4:230:1909; RL 3944; NCL 7063] + [5:230:1909; RL 3945; NCL 7064] + [33:199:1911; added1919, 221; A 1939, 297; 1945, 177; 1943 NCL 5267](NRS A 1963, 268, 1185;1983, 833; 1997, 1204; 2001,2438)

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

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

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

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

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

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

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

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

5. An injury or illness which results from the use ofa mask or shield by a peace officer or firefighter pursuant to subsection 2 maynot be considered as negligence or as causation in any civil action broughtagainst a peace officer or firefighter or his employer.

6. As used in this section:

(a) Employer means any person who employs or providesequipment to a firefighter or peace officer, including the State of Nevada andits political subdivisions.

(b) Peace officer means:

(1) Sheriffs of counties and of metropolitanpolice departments and their deputies;

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

(3) Marshals and policemen of cities and towns.

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

NRS 439.270 Personsdiagnosed with epilepsy: State Board of Health to define epilepsy forpurposes of section; reports required to be submitted to Health Division and toDepartment of Motor Vehicles; confidentiality of reports; criminal penalty.

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

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

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

4. The reports are for the information of theDepartment of Motor Vehicles and must be kept confidential and used solely todetermine the eligibility of any person to operate a vehicle on the streets andhighways of this State.

5. A violation of this section is a misdemeanor.

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

DENTAL HEALTH

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

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

(a) Be a resident of this State;

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

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

2. The State Dental Health Officer shall:

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

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

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

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

(e) Seek such information and advice from a dentalschool of the Nevada System of Higher Education as necessary to carry out hisduties.

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

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

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

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

1. The Health Division shall appoint, with the consentof the Director, a State Public Health Dental Hygienist, who is in theunclassified service of the State. The State Public Health Dental Hygienistmust:

(a) Be a resident of this State;

(b) Hold a current license to practice dental hygieneissued pursuant to chapter 631 of NRS with aspecial endorsement issued pursuant to NRS631.287; and

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

2. The State Public Health Dental Hygienist:

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

(b) May:

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

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

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

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

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

LOCAL ADMINISTRATION

County Board of Health and County Health Officer

NRS 439.280 Countyboard of health: Composition; officers; compensation.

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

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

3. All of the officers shall serve without additionalcompensation.

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

NRS 439.290 Countyhealth officer: Appointment; qualifications; term.

1. On or before January 1 next following each generalelection, the board of county commissioners shall appoint a county healthofficer for the county.

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

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

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

NRS 439.300 Countyhealth officer: Compensation. For performingthe duties prescribed by law, the county health officer shall receive suchcompensation as is fixed by the board of county commissioners, whichcompensation shall not be less than $25 per month. The board of countycommissioners is directed to allow a claim for $25 per month or for suchgreater sum as the board may deem proper for the work performed.

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

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

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

NRS 439.320 Countyhealth officer: Executive officer of county board of health; may be countyphysician. The county health officer is theexecutive officer of the county board of health and, if licensed to practicemedicine in this State, may be county physician.

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

NRS 439.330 Deputycounty health officer: Appointment; compensation; duties.

1. With the approval of the board of countycommissioners, the county health officer is empowered to appoint such deputiesas may be necessary.

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

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

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

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

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

NRS 439.350 Countyboard of health: Duties. The county board ofhealth shall:

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

2. Adopt such regulations as may be necessary for theprevention, suppression and control of any contagious or infectious diseasedangerous to the public health, which regulations take effect immediately uponapproval by the State Board of Health.

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

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

NRS 439.360 Countyboard of health: Powers. The county board ofhealth may:

1. Abate nuisances in accordance with law.

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

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

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

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

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

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

NRS 439.361 Applicability. The provisions of NRS439.361 to 439.368, inclusive, applyto a county whose population is 400,000 or more.

(Added to NRS by 2005, 2464)

NRS 439.362 Healthdistrict: Creation; composition; appointment and terms of members; duty tomaintain records; county, city and town boards of health abolished.

1. A health district with a health departmentconsisting of a district health officer and a district board of health ishereby created.

2. The district board of health consists of:

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

(1) Two representatives of the board of countycommissioners;

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

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

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

(1) Two representatives who are physicianslicensed to practice medicine in this State, one of whom is selected on thebasis of his education, training, experience or demonstrated abilities in theprovision of health care services to members of minority groups and othermedically underserved populations;

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

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

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

3. Members of the district board of health serve termsof 2 years. Vacancies must be filled in the same manner as the originalselection for the remainder of the unexpired term. Members serve withoutadditional compensation for their services, but are entitled to reimbursementfor necessary expenses for attending meetings or otherwise engaging in thebusiness of the board.

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

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

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

(b) Administer the health district fund created by theboard of county commissioners pursuant to NRS439.363.

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

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

(Added to NRS by 2005, 2464)

NRS 439.363 Healthdistrict fund: Creation.

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

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

(Added to NRS by 2005, 2465)

NRS 439.364 Districtboard of health: Meetings; quorum; duties.

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

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

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

4. The district board of health shall adopt writtenpolicies and procedures for administering the board and maintaining itsprograms, projects and activities.

(Added to NRS by 2005, 2465)

NRS 439.365 Districtboard of health: Budget; adoption by board of county commissioners; annualallocation.

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

2. The board of county commissioners shall annuallyallocate for the support of the health district an amount that does not exceedan amount calculated by multiplying the assessed valuation of all taxableproperty in the county by the rate of 3.5 cents on each $100 of assessedvaluation. The amount allocated pursuant to this subsection must be transferredfrom the county general fund to the health district fund created by the boardof county commissioners pursuant to NRS439.363.

(Added to NRS by 2005, 2465)

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

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

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

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

(a) Prevent and control nuisances;

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

(c) Provide for the sanitary protection of water andfood supplies;

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

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

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

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

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

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

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

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

(Added to NRS by 2005, 2466)

NRS 439.367 Districtboard of health: Powers.

1. The district board of health may:

(a) Receive and disburse federal money;

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

(c) Enter into formal agreements with federal agenciesconcerning projects and programs.

2. The district board of health may accept anddisburse contributions from private sources, the State, the county, and thecities and towns within the jurisdiction of the board to match federal moneyfor any project or program. All such contributions must be deposited with thecounty treasurer to the credit of the health district fund created by the boardof county commissioners pursuant to NRS439.363.

(Added to NRS by 2005, 2466)

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

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

2. The district health officer must:

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

(b) Have at least the following additional educationand experience:

(1) A masters degree in public health, healthcare administration, public administration, business administration or arelated field; and

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

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

4. Any clinical program of a district board of healthwhich requires medical assessment must be carried out under the direction of aphysician.

(Added to NRS by 2005, 2465)

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

NRS 439.369 Applicability. The provisions of NRS439.369 to 439.410, inclusive, applyto a county whose population is less than 400,000.

(Added to NRS by 2005, 2464)

NRS 439.370 Healthdistrict: Creation. By affirmative vote of:

1. The boards of county commissioners of two or moreadjacent counties;

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

3. The board of county commissioners and the governingbody or bodies of any incorporated city or cities, town or towns, in suchcounty,

and with theapproval of the State Board of Health, there may be created a health districtwith a health department consisting of a district health officer and a districtboard of health.

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

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

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

NRS 439.383 Countyboards of health within district abolished upon creation of district board ofhealth. When two or more adjacent countiesestablish a district board of health, all county boards of health in suchdistrict shall thereupon be abolished.

(Added to NRS by 1959, 103)

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

(Added to NRS by 1959, 103)

NRS 439.390 Districtboard of health: Composition; qualifications of members.

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

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

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

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

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

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

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

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

4. Any clinical program of a district board of healthwhich requires medical assessment must be carried out under the direction of aphysician.

5. The district health officer is entitled to receivea salary fixed by the district board of health and serves at the pleasure ofthat board.

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

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

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

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

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

(a) Prevent and control nuisances;

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

(c) Provide for the sanitary protection of water andfood supplies; and

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

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

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

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

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

5. All interested persons must be afforded areasonable opportunity to submit data, views or arguments, orally or inwriting, on the intended action to adopt, amend or repeal the regulation. Withrespect to substantive regulations, the district board shall set a time andplace for an oral public hearing, but if no one appears who will be directlyaffected by the proposal and requests an oral hearing, the district board mayproceed immediately to act upon any written submissions. The district boardshall consider fully all written and oral submissions respecting the proposal.

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

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

City Board of Health and City Health Officer

NRS 439.420 Cityboard of health: Creation by ordinance.

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

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

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

NRS 439.430 Cityboard of health: Members; appointments; qualifications and compensation of cityhealth officer.

1. The city board of health shall be composed of threemembers appointed by the mayor, at least one of whom may be learned in sanitaryscience and public health practice and experienced in the diagnosis ofinfectious diseases, in which case he shall be the city health officer and theexecutive officer of the city board of health.

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

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

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

NRS 439.440 Inclusionof city in county or district health department. Thegoverning authorities of any incorporated city may abolish the offices of thecity board of health and the office of the city health officer for such cityand thereby signify the citys consent to be included in a county or districthealth department. The powers and duties of the city board of health and thecity health officer shall devolve upon the county or district healthdepartment.

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

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

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

NRS 439.460 Cityboard of health: Duties. The city board of healthshall:

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

2. Adopt such regulations as may be necessary for theprevention, suppression and control of any contagious or infectious diseasedangerous to the public health, which regulations take effect immediately uponapproval by the State Board of Health.

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

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

NRS 439.470 Cityboard of health: Powers. The city board ofhealth may:

1. Abate nuisances in accordance with law.

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

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

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

5. Subject to the prior review and approval of thegoverning body of the city and except as otherwise provided in NRS 576.128, adopt a schedule of reasonablefees to be collected for issuing or renewing any health permit or licenserequired to be obtained from such board pursuant to state law or an ordinanceadopted by any political subdivision. Such fees must be for the sole purpose ofdefraying the costs and expenses of the procedures for issuing licenses andpermits, and investigations related thereto, and not for the purposes ofgeneral revenue.

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

Local Health Regulations

NRS 439.480 Localhealth officer: Supervision; jurisdiction. Thecounty health officer has supervision over all matters pertaining to thepreservation of the lives and health of the people of his county, exceptincorporated cities of population categories one and two having a healthofficer appointed pursuant to the provisions of this chapter, which are underthe jurisdiction of the city health officer, subject to the supervision andcontrol of the Health Division.

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

NRS 439.490 Abatementor removal of nuisance. Every health officershall have authority to order the abatement or removal of any nuisancedetrimental to the public health in accordance with the laws relating to suchmatters.

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

ARTHRITIS PREVENTION AND CONTROL PROGRAM

NRS 439.501 Establishment.

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

(a) The causes and nature of arthritis;

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

(c) The appropriate treatment of arthritis;

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

(e) The prevention and management of pain caused byarthritis; and

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

2. The Arthritis Prevention and Control Program mustbe established in accordance with the objectives set forth in the NationalArthritis Action Plan established by the Arthritis Foundation, the Centers forDisease Control and Prevention, and the Association of State and TerritorialHealth Officials.

(Added to NRS by 2003, 1343)

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

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

2. The Administrator shall:

(a) Solicit recommendations for the appointment ofmembers to the Advisory Committee on the Arthritis Prevention and ControlProgram from organizations that are representative of a broad range of personswith arthritis and organizations interested in the issues affecting personswith arthritis; and

(b) Appoint to the Advisory Committee such members ashe deems appropriate, including, without limitation, one or more persons whoare representative of:

(1) Persons with arthritis;

(2) Public health care professionals andeducators;

(3) Medical experts on arthritis;

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

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

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

3. After the initial term, the term of each member is2 years. A member may be reappointed.

4. Members of the Advisory Committee serve withoutcompensation, except that each member is entitled, while engaged in thebusiness of the Advisory Committee and within the limitations of availablefunding, to the per diem allowance and travel expenses provided for stateofficers and employees generally.

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

6. The Advisory Committee shall:

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

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

(Added to NRS by 2003, 1344)

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

1. Establish a solid scientific database of the mostcurrent information on the prevention of arthritis and related disabilitiesusing information obtained through surveillance, epidemiology and researchrelating to the prevention of arthritis, and use the database in carrying outthe Program;

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

3. Identify and use educational and training resourcesand services developed by organizations with appropriate expertise in andknowledge of arthritis, including, without limitation, any available technicalassistance;

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

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

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

7. Work with other governmental agencies, nationalhealth organizations and their local and state chapters, community and businessleaders, community organizations and providers of health care and other personswho provide services to persons with arthritis to:

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

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

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

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

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

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

(b) Any available technical assistance and educationalmaterials and programs concerning arthritis that are available nationwide orwithin this state;

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

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

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

(f) The services and education available to personswith arthritis, including, without limitation, services for the treatment andmanagement of arthritis;

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

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

(Added to NRS by 2003, 1344)

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

1. The Health Division may:

(a) Within the limitations of available funding, enterinto contracts for any services necessary to carry out or assist the HealthDivision in carrying out NRS 439.501 to 439.507, inclusive, with public or privateentities that have the appropriate expertise to provide such services;

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

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

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

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

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

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

(Added to NRS by 2003, 1346)

STATEWIDE PROGRAM FOR SUICIDE PREVENTION

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

1. There is hereby created within the office of theDirector a Statewide Program for Suicide Prevention. The Department shallimplement the Statewide Program for Suicide Prevention, which must, withoutlimitation:

(a) Create public awareness for issues relating tosuicide prevention;

(b) Build community networks; and

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

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

(a) Must have at least the following education andexperience:

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

(2) A masters degree or a doctoral degree insocial work, psychology, sociology, counseling, public health or a closelyrelated field and 2 years or more of work experience in behavioral health or aclosely related field.

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

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

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

(3) Experience in working with diverse communitygroups and constituents; and

(4) Experience in writing grants and technicalreports.

3. The Coordinator shall:

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

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

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

(d) Enhance crisis services relating to suicideprevention;

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

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

(g) Work with groups advocating suicide prevention,community coalitions, managers of existing crisis hotlines that are nationallyaccredited or certified, and staff members of mental health agencies in thisState to identify and address the barriers that interfere with providingservices to groups of persons who are at risk of suicide, including, withoutlimitation, elderly persons, Native Americans, youths and residents of ruralcommunities;

(h) Develop and maintain an Internet or network sitewith links to appropriate resource documents, suicide hotlines that arenationally accredited or certified, licensed professional personnel, state andlocal mental health agencies and appropriate national organizations;

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

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

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

4. As used in this section:

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

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

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

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

(b) Systems of surveillance means systems pursuant towhich the health conditions of the general public are regularly monitoredthrough systematic collection, evaluation and reporting of measurableinformation to identify and understand trends relating to suicide.

(Added to NRS by 2003, 2652)

NRS 439.513 Employmentof trainer for suicide prevention; qualifications; duties.

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

2. The trainer for suicide prevention:

(a) Must have at least the following education andexperience:

(1) Three years or more of experience inproviding education and training relating to suicide prevention to diversecommunity groups; or

(2) A bachelors degree, masters degree ordoctoral degree in social work, public health, psychology, sociology,counseling or a closely related field and 2 years or more of experience inproviding education and training relating to suicide prevention.

(b) Should have as many of the followingcharacteristics as possible:

(1) Significant knowledge and experiencerelating to suicide and suicide prevention;

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

(3) Experience in working with diverse communitygroups and constituents; and

(4) Experience in providing suicide awarenessinformation and suicide prevention training.

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

4. The trainer for suicide prevention shall:

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

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

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

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

(e) Facilitate the sharing of information and thebuilding of consensuses among multiple constituent groups in the county inwhich the trainer for suicide prevention is based, including, withoutlimitation, public agencies, community organizations, advocacy groups forsuicide prevention, mental health providers and representatives of the variousgroups that are at risk for suicide.

(Added to NRS by 2003, 2653)

STATE PROGRAM FOR FITNESS AND WELLNESS

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

(Added to NRS by 2005, 232)

NRS 439.515 AdvisoryCouncil defined. Advisory Council means theAdvisory Council on the State Program for Fitness and Wellness.

(Added to NRS by 2005, 232)

NRS 439.516 Programdefined. Program means the State Program forFitness and Wellness.

(Added to NRS by 2005, 232)

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

1. Programs for physical fitness;

2. Nutrition; and

3. The prevention of obesity, chronic diseases andother diseases.

(Added to NRS by 2005, 232)

NRS 439.518 AdvisoryCouncil: Establishment; appointment of members.

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

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

(a) The State Health Officer or his designee;

(b) The Superintendent of Public Instruction or hisdesignee;

(c) One representative of the health insuranceindustry;

(d) One provider of health care;

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

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

(g) One registered dietician.

(Added to NRS by 2005, 233)

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

1. The members of the Advisory Council serve terms of2 years. A member may be reappointed.

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

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

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

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

6. The members of the Advisory Council serve withoutcompensation, except that each member is entitled, while engaged in thebusiness of the Advisory Council and within the limits of available money, tothe per diem allowance and travel expenses provided for state officers andemployees generally.

(Added to NRS by 2005, 233)

NRS 439.521 Dutiesof Health Division. To carry out theprovisions of NRS 439.514 to 439.525, inclusive, the Health Divisionshall, within the limits of available money, and with the advice andrecommendations of the Advisory Council:

1. Establish a solid scientific database of the mostcurrent information on physical fitness, nutrition and the prevention ofobesity, chronic diseases and other diseases, using information obtainedthrough surveillance, epidemiology and research, and use the database incarrying out the Program.

2. Identify and review, in coordination with theDepartment of Education, existing programs related to nutrition and physicalfitness, including, without limitation, programs of state and localgovernments, educational institutions, businesses and the general public.

3. Encourage local community efforts to increaseopportunities for physical fitness.

4. Develop and coordinate a model program for propernutrition, physical fitness and health for implementation by state employeesand agencies.

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

6. Develop and coordinate recommendations for modelprograms that would encourage proper nutrition, physical fitness and healthamong the residents of this State, including, without limitation, parents andchildren, senior citizens and persons with special needs.

7. Assist on projects within this State as requestedby, and in coordination with, the Presidents Council on Physical Fitness andSports.

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

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

10. Maintain a website to provide information onnutrition, physical fitness, health, wellness and the prevention of obesity andchronic diseases.

11. Provide educational materials and information onresearch concerning matters relating to physical fitness, wellness, and theprevention of obesity, chronic diseases and other diseases, including, withoutlimitation, materials and information concerning programs and servicesavailable to the public and strategies for achieving and maintaining physicalfitness and preventing obesity, chronic diseases and other diseases.

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

(a) Other governmental agencies;

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

(c) Community and business leaders;

(d) Community organizations;

(e) Providers of health care;

(f) Private schools; and

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

(Added to NRS by 2005, 233)

NRS 439.522 Publichearings. The Health Division may, within thelimits of available money, hold public hearings at such times and places as itdetermines necessary to provide the general public and representatives ofgovernmental agencies and organizations interested in the Program or issuesaffecting physical fitness and wellness an opportunity to present relevantinformation and recommendations.

(Added to NRS by 2005, 234)

NRS 439.523 Authorityof Health Division to enter into contracts. TheHealth Division may, within the limits of available money, enter into contractswith public or private entities that have the appropriate expertise to provideany services necessary to carry out or assist the Health Division in carryingout the provisions of NRS 439.514 to 439.525, inclusive.

(Added to NRS by 2005, 234)

NRS 439.524 Submissionof annual report to Governor and Legislature. TheHealth Division shall, on or before January 1 of each year, prepare and submita report to the Governor and to the Director of the Legislative Counsel Bureaufor transmittal to the Legislature summarizing:

1. The findings and recommendations of the AdvisoryCouncil; and

2. The status of the Program.

(Added to NRS by 2005, 234)

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

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

2. Any money that is accepted by the Health Divisionpursuant to subsection 1 must be deposited in the State Treasury and accountedfor separately in the State General Fund.

3. Except as otherwise provided by the terms of agift, donation, bequest or grant, expenditures from the account must be madeonly for carrying out the provisions of NRS439.514 to 439.525, inclusive.

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

(Added to NRS by 2005, 234)

MISCELLANEOUS PROVISIONS

NRS 439.530 Treatmentby prayer, mental or spiritual means; no compulsion to submit to medicaltreatment. None of the provisions of thischapter or the laws of this State regulating the practice of medicine orhealing shall be construed to interfere with treatment by prayer or with anyperson who administers to or treats the sick or suffering by mental orspiritual means, nor shall any person who selects such treatment for the cureof disease be compelled to submit to any form of medical treatment, nor shallany such person be removed to any isolation hospital or camp without hisconsent if the sanitary and quarantine laws of the State are complied with.

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

NRS 439.535 Clinicfor immunization of children: Availability; immunity of personnel from criminaland civil liability.

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

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

(Added to NRS by 1979, 316)

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

1. A person shall not use in connection with his namethe words or letters Dietitian, Licensed Dietitian, Registered Dietitian,L.D., R.D. or any other title, word, letter or other designation intendedto designate that he is a licensed or registered dietitian without beingregistered with the Commission on Dietetic Registration, a member of theNational Commission on Health Certifying Agencies, or its successororganization.

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

(Added to NRS by 1995, 2528)

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

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

NRS 439.550 Strictenforcement of chapter by local health officer.

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

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

3. Each local health officer shall make reports to theHealth Division of any violation coming to his notice by observation or uponcomplaint of any person or otherwise.

[Part 22:199:1911; RL 2973; NCL 5256](NRS A1963, 942; 1969, 1018; 1979, 317)

NRS 439.560 Enforcementof chapter by public officers. All health officers,local boards of health, sheriffs, constables, policemen, marshals, all personsin charge of public buildings and institutions, and all other public officersand employees shall respect and enforce this chapter, all provisions of lawrequiring the immunization of children in public schools, private schools andchild care facilities, and all lawful rules, orders and regulations adopted inpursuance thereof in every particular affecting their respective localities andduties.

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

NRS 439.565 Injunctionsagainst violations.

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

2. Actions for injunction under this section may beprosecuted by the Attorney General, any district attorney in this State or anyretained counsel of any local board of health in the name and upon thecomplaint of the State Board of Health or any local board of health, or uponthe complaint of the State Health Officer or of any local health officer or hisdeputy.

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

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

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

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

[Part 22:199:1911; RL 2973; NCL 5256](NRS A1963, 942; 1969, 1019; 1979, 317)

NRS 439.580 Penalties.

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

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

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

ADMINISTRATION OF CERTAIN PROCEEDS FROM MANUFACTURERS OFTOBACCO PRODUCTS

General Provisions

NRS 439.600 Legislativedeclaration.

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

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

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

2. To further these priorities, the Legislature herebydeclares that it is in the best interest of the residents of this State thatall money received by the State of Nevada pursuant to any settlement enteredinto by the State of Nevada and a manufacturer of tobacco products and allmoney recovered by the State of Nevada from a judgment in a civil actionagainst a manufacturer of tobacco products be dedicated solely toward theachievement of the following goals:

(a) Increasing the number of Nevada residents whoenroll in and attend a university, state college or community college in theState of Nevada;

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

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

(d) Assisting senior citizens who have modest incomesin purchasing prescription drugs, pharmaceutical services and, to the extentmoney is available, other services, including, without limitation, dental andvision services, and assisting those senior citizens in meeting their needsrelated to health care, home care, respite care and their ability to liveindependent of institutional care; and

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

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

Trust Fund for Public Health

NRS 439.605 Creationand administration of Fund; permissible investments; appropriation andexpenditure of interest and income.

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

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

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

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

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

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

(c) Shall manage any account associated with the TrustFund;

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

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

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

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

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

(1) The stock of the corporation is:

(I) Listed on a national stock exchange;or

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

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

(3) The maximum investment in stock is notgreater than 50 percent of the book value of the total investments of the TrustFund;

(4) Except for investments made pursuant toparagraph (c), the amount of an investment in a single corporation is notgreater than 3 percent of the book value of the assets of the Trust Fund; and

(5) Except for investments made pursuant toparagraph (c), the total amount of shares owned by the Trust Fund is notgreater than 5 percent of the outstanding stock of a single corporation.

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

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

4. The State Treasurer shall not invest any money inthe Trust Fund pursuant to subsection 3 unless the State Treasurer obtains ajudicial determination that the proposed investment or category of investmentswill not violate the provisions of Section 9 of Article 8 of the Constitutionof the State of Nevada. The State Treasurer shall contract for the services ofindependent contractors to manage any investments of the State Treasurer madepursuant to subsection 3. The State Treasurer shall establish such criteria forthe qualifications of such an independent contractor as are appropriate toensure that each independent contractor has expertise in the management of suchinvestments.

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

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

(a) Grants made pursuant to NRS 439.615 for:

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

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

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

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

(c) Actual costs incurred by the Health Division forproviding administrative assistance to the Board, but in no event may more than2 percent of the money in the Fund be used for administrative expenses or otherindirect costs.

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

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

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

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

2. The Board consists of 11 members composed of:

(a) The Administrator or his designee.

(b) The State Health Officer or his designee.

(c) The Chairman of the Nevada Commission on Aging orhis designee.

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

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

(f) The superintendent of schools of the schooldistrict in this State that has the highest number of enrolled pupils or hisdesignee.

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

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

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

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

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

4. The Board shall annually elect a Chairman fromamong its members. The board shall meet at least quarterly. A majority of themembers constitutes a quorum, and a majority of those present must concur inany decision.

5. Each member of the Board serves withoutcompensation. While engaged in the business of the Board, each member isentitled to receive the per diem allowance and travel expenses provided forstate officers and employees generally. The per diem allowance and travelexpenses of:

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

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

6. Each member of the Board who is an officer oremployee of this State or a local government must be relieved from his dutieswithout loss of his regular compensation so that he may perform his dutiesrelating to the Board in the most timely manner practicable. A state agency orlocal government shall not require an officer or employee who is a member ofthe Board to:

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

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

7. The Health Division shall provide suchadministrative support to the Board as is required to carry out the duties ofthe Board.

(Added to NRS by 1999, 2762)

NRS 439.615 Boardof Trustees of Fund: Powers and duties.

1. The Board of Trustees shall:

(a) In accordance with the provisions set forth insubsection 6 of NRS 439.605, developpolicies and procedures for the expenditure of the interest and income earnedon the money in the Trust Fund for Public Health.

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

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

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

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

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

Fund for a Healthy Nevada

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

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

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

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

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

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

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

(c) Shall manage any account associated with the Fund;

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

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

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

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

4. Upon receiving a request from the State Treasureror the Department for an allocation for administrative expenses from the Fundpursuant to this section, the Task Force for the Fund for a Healthy Nevadashall consider the request within 45 days after receipt of the request. If theTask Force approves the amount requested for allocation, the Task Force shallnotify the State Treasurer of the allocation. If the Task Force does not approvethe requested allocation within 45 days after receipt of the request, the StateTreasurer or the Department, as applicable, may submit its request forallocation to the Interim Finance Committee. Except as otherwise limited bythis subsection, the Interim Finance Committee may allocate all or part of themoney so requested. The annual allocation for administrative expenses from theFund, whether allocated by the Task Force or the Interim Finance Committee mustnot exceed:

(a) Not more than 2 percent of the money in the Fund,as calculated pursuant to this subsection, each year to pay the costs incurredby the State Treasurer to administer the Fund;

(b) Not more than 2.025 percent of the money in theFund, as calculated pursuant to this subsection, each year to pay the costsincurred by the Department, including, without limitation, the Aging ServicesDivision of the Department, to carry out its duties set forth in NRS 439.625 and 439.630;

(c) Not more than 1.5 percent of the money in the Fund,as calculated pursuant to this subsection, each year to pay the costs incurredby the Department to administer the provisions of NRS 439.635 to 439.690, inclusive; and

(d) Not more than 0.125 percent of the money in theFund, as calculated pursuant to this subsection, each year to pay the costsincurred by the Department to administer the provisions of NRS 439.705 to 439.795, inclusive.

For thepurposes of this subsection, the amount of money available for allocation topay for the administrative costs must be calculated at the beginning of eachfiscal year based on the total amount of money anticipated by the StateTreasurer to be deposited in the Fund during that fiscal year.

5. The money in the Fund remains in the Fund and doesnot revert to the State General Fund at the end of any fiscal year.

6. All money that is deposited or paid into the Fundis hereby appropriated to the Department and, except as otherwise provided inparagraphs (c) to (f), inclusive, and (j) of subsection 1 of NRS 439.630, may only be expended pursuantto an allocation made by the Task Force for the Fund for a Healthy Nevada.Money expended from the Fund for a Healthy Nevada must not be used to supplantexisting methods of funding that are available to public agencies.

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

NRS 439.625 TaskForce for Fund: Creation; membership; selection and term of Chairman and ViceChairman; compensation of members; relief from regular duties of member who isofficer or employee of local government; administrative support and technicalassistance.

1. The Task Force for the Fund for a Healthy Nevada ishereby created. The membership of the Task Force consists of:

(a) Three members appointed by the Majority Leader ofthe Senate, one of whom must be a Senator and one of whom must be a member of anonprofit organization dedicated to health issues in this State;

(b) Three members appointed by the Speaker of theAssembly, one of whom must be an Assemblyman and one of whom must be a memberof a nonprofit organization dedicated to health issues in this State; and

(c) Three members appointed by the Governor, one ofwhom must have experience with and knowledge of matters relating to healthcare.

Each memberappointed pursuant to this subsection must be a resident of this State and mustnot be employed in the Executive or Judicial Branch of State Government. Eachperson who appoints members pursuant to this subsection shall ensure thatinsofar as practicable, the members whom he appoints reflect the ethnic andgeographical diversity of this State.

2. At its first meeting on or after July 1 of eachodd-numbered year, the Task Force shall select the Chairman and Vice Chairmanof the Task Force from among the legislative members of the Task Force. Eachsuch officer shall hold office for a term of 2 years or until his successor isselected. The chairmanship of the Task Force must alternate each bienniumbetween the houses of the Legislature.

3. For each day or portion of a day during which amember of the Task Force who is a Legislator attends a meeting of the TaskForce or is otherwise engaged in the work of the Task Force, except during aregular or special session of the Legislature, he is entitled to receive the:

(a) Compensation provided for a majority of the membersof the Legislature during the first 60 days of the preceding session;

(b) Per diem allowance provided for state officers andemployees generally; and

(c) Travel expenses provided pursuant to NRS 218.2207.

Thecompensation, per diem allowances and travel expenses of the legislativemembers of the Task Force must be paid from the Legislative Fund.

4. Members of the Task Force who are not Legislatorsserve without salary, except that they are entitled to receive travel expensesprovided for state officers and employees generally. The travel expenses of:

(a) A member of the Task Force who is an officer oremployee of a local government thereof must be paid by the local governmentthat employs him.

(b) Each remaining member of the Task Force must bepaid from the Legislative Fund.

5. Each member of the Task Force who is an officer oremployee of a local government must be relieved from his duties without loss ofhis regular compensation so that he may perform his duties relating to the TaskForce in the most timely manner practicable. A local government shall notrequire an officer or employee who is a member of the Task Force to:

(a) Make up the time he is absent from work to fulfillhis obligations as a member of the Task Force; or

(b) Take annual leave or compensatory time for theabsence.

6. The Legislative Counsel Bureau and the Departmentshall provide such administrative support to the Task Force as is required tocarry out the duties of the Task Force. The State Health Officer shall providesuch technical advice and assistance to the Task Force as is requested by theTask Force.

(Added to NRS by 1999, 2757; A 2001, 2670)

NRS 439.630 Powersand duties of Task Force and Department.

1. The Task Force for the Fund for a Healthy Nevadashall:

(a) Conduct public hearings to accept public testimonyfrom a wide variety of sources and perspectives regarding existing or proposedprograms that:

(1) Promote public health;

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

(3) Reduce or prevent the use of tobacco;

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

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

(b) Establish a process to evaluate the health andhealth needs of the residents of this State and a system to rank the healthproblems of the residents of this State, including, without limitation, thespecific health problems that are endemic to urban and rural communities.

(c) Reserve not more than 30 percent of all revenuesdeposited in the Fund for a Healthy Nevada each year for direct expenditure bythe Department to pay for prescription drugs, pharmaceutical services and, tothe extent money is available, other benefits, including, without limitation,dental and vision benefits for senior citizens pursuant to NRS 439.635 to 439.690, inclusive. From the money reservedto the Department pursuant to this paragraph, the Department may subsidize anyportion of the cost of providing prescription drugs, pharmaceutical servicesand, to the extent money is available, other benefits, including, withoutlimitation, dental and vision benefits to senior citizens pursuant to NRS 439.635 to 439.690, inclusive. The Department shallconsider recommendations from the Task Force for the Fund for a Healthy Nevadain carrying out the provisions of NRS439.635 to 439.690, inclusive. TheDepartment shall submit a quarterly report to the Governor, the Task Force forthe Fund for a Healthy Nevada and the Interim Finance Committee regarding thegeneral manner in which expenditures have been made pursuant to this paragraphand the status of the program.

(d) Reserve not more than 30 percent minus $350,000 ofall revenues deposited in the Fund for a Healthy Nevada each year forallocation by the Aging Services Division of the Department in the form ofgrants for existing or new programs that assist senior citizens withindependent living, including, without limitation, programs that provide:

(1) Respite care or relief of family caretakers;

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

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

The AgingServices Division of the Department shall consider recommendations from theTask Force for the Fund for a Healthy Nevada concerning the independent livingneeds of senior citizens.

(e) Reserve not more than $200,000 of all revenuesdeposited in the Fund for a Healthy Nevada each year for allocation by theDirector to:

(1) Provide guaranteed funding to financeassisted living facilities that satisfy the criteria for certification setforth in NRS 319.147; and

(2) Fund assisted living facilities that satisfythe criteria for certification set forth in NRS319.147 and assisted living supportive services that are provided pursuantto the provisions of the home and community-based services waiver which areamended pursuant to NRS 422.2708.

The Directorshall develop policies and procedures for allocating money which is reservedpursuant to this paragraph.

(f) Reserve $150,000 of all revenues deposited in theFund for a Healthy Nevada each year if available for allocation by the AgingServices Division of the Department in the form of contracts or grants forexisting or new programs that provide dental benefits to persons who aredomiciled in this State and are 62 years of age or older:

(1) Who satisfy the residency requirement setforth in subsection 2 of NRS 439.665;

(2) Whose incomes are not over the amounts setforth in subsection 2 of NRS 439.665, asadjusted pursuant to the provisions of that section.

(g) Allocate, by contract or grant, for expenditure notmore than 20 percent of all revenues deposited in the Fund for a Healthy Nevadaeach year for programs that prevent, reduce or treat the use of tobacco and theconsequences of the use of tobacco.

(h) Allocate, by contract or grant, for expenditure notmore than 10 percent of all revenues deposited in the Fund for a Healthy Nevadaeach year for programs that improve health services for children.

(i) Allocate, by contract or grant, for expenditure notmore than 7.5 percent of all revenues deposited in the Fund for a HealthyNevada each year for programs that improve the health and well-being of personswith disabilities. In making allocations pursuant to this paragraph, the TaskForce shall, to the extent practicable, allocate the money evenly among thefollowing three types of programs:

(1) Programs that provide respite for personscaring for persons with disabilities;

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

(3) Programs that assist persons withdisabilities to live safely and independently in their communities outside ofan institutional setting.

(j) Reserve not more than 2.5 percent of all revenuesdeposited in the Fund for a Healthy Nevada each year for direct expenditure bythe Department to subsidize any portion of the cost of providing prescriptiondrugs and pharmaceutical services to persons with disabilities pursuant to NRS 439.705 to 439.795, inclusive. The Department shallconsider recommendations from the Task Force for the Fund for a Healthy Nevadain carrying out the provisions of NRS439.705 to 439.795, inclusive.

(k) Maximize expenditures through local, federal andprivate matching contributions.

(l) Ensure that any money expended from the Fund for aHealthy Nevada will not be used to supplant existing methods of funding thatare available to public agencies.

(m) Develop policies and procedures for theadministration and distribution of contracts, grants and other expenditures tostate agencies, political subdivisions of this State, nonprofit organizations,universities, state colleges and community colleges. A condition of any suchcontract or grant must be that not more than 8 percent of the contract or grantmay be used for administrative expenses or other indirect costs. The proceduresmust require at least one competitive round of requests for proposals perbiennium.

(n) To make the allocations required by paragraphs (g),(h) and (i):

(1) Prioritize and quantify the needs for theseprograms;

(2) Develop, solicit and accept applications forallocations;

(3) Conduct annual evaluations of programs towhich allocations have been awarded; and

(4) Submit annual reports concerning theprograms to the Governor and the Interim Finance Committee.

(o) Transmit a report of all findings, recommendationsand expenditures to the Governor and each regular session of the Legislature.

2. The Task Force may take such other actions as arenecessary to carry out its duties.

3. The Department shall take all actions necessary toensure that all allocations for expenditures made by the Task Force are carriedout as directed by the Task Force.

4. To make the allocations required by paragraphs (d)and (f) of subsection 1, the Aging Services Division of the Department shall:

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

(b) Develop, solicit and accept grant applications forallocations;

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

(d) Award grants, contracts or other allocations;

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

(f) Submit annual reports concerning the allocationsmade by the Aging Services Division pursuant to paragraphs (d) and (f) ofsubsection 1 to the Governor and the Interim Finance Committee.

5. The Aging Services Division of the Department shallsubmit each proposed grant or contract which would be used to expand or augmentan existing state program to the Interim Finance Committee for approval beforethe grant or contract is awarded. The request for approval must include adescription of the proposed use of the money and the person or entity thatwould be authorized to expend the money. The Aging Services Division of theDepartment shall not expend or transfer any money allocated to the AgingServices Division pursuant to this section to subsidize any portion of the costof providing prescription drugs and pharmaceutical services to senior citizenspursuant to NRS 439.635 to 439.690, inclusive, or to subsidize anyportion of the cost of providing prescription drugs and pharmaceutical servicesto persons with disabilities pursuant to NRS439.705 to 439.795, inclusive.

6. The Department, on behalf of the Task Force, shallsubmit each allocation proposed pursuant to paragraph (g), (h) or (i) ofsubsection 1 which would be used to expand or augment an existing state programto the Interim Finance Committee for approval before the contract or grant isawarded. The request for approval must include a description of the proposeduse of the money and the person or entity that would be authorized to expendthe money.

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

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

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

(Added to NRS by 1999, 2760)

NRS 439.640 Householdincome defined. Household income has themeaning ascribed to it in NRS 427A.480.

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

NRS 439.645 Incomedefined. Income has the meaning ascribed toit in NRS 427A.485.

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

NRS 439.650 Seniorcitizen defined. Senior citizen means a person who is domiciled inthis state and is 62 years of age or older.

(Added to NRS by 1999, 2760)

NRS 439.655 Administration:Powers and duties of Department. The Department is responsible for theadministration of the provisions of NRS439.635 to 439.690, inclusive, andmay:

1. Prescribe the content and form of a request for asubsidy required to be submitted pursuant to NRS439.670.

2. Designate the proof that must be submitted withsuch a request.

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

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

(Added to NRS by 1999, 2761)

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

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

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

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

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

NRS 439.665 Contractsto subsidize cost of prescription drugs, pharmaceutical services and otherbenefits; eligibility for and amount of subsidies; copayments; waiver ofeligibility requirements; coverage provided by Federal Government; authority ofDepartment to change programs.

1. The Department may:

(a) Enter into contracts with private insurers whotransact health insurance in this State to subsidize the cost of prescriptiondrugs and pharmaceutical services for senior citizens by arranging for theavailability, at a reasonable cost, of policies of health insurance thatprovide coverage to senior citizens for prescription drugs, pharmaceuticalservices and, to the extent money is available, other benefits, including,without limitation, dental and vision benefits; or

(b) Subsidize the cost of prescription drugs andpharmaceutical services for senior citizens in any other manner.

2. Within the limits of the money available for thispurpose in the Fund for a Healthy Nevada, a senior citizen who is not eligiblefor Medicaid and who is eligible for a subsidy for the cost of prescriptiondrugs and pharmaceutical services that is made available pursuant to subsection1 is entitled to an annual grant from the Fund to subsidize the cost ofprescription drugs and pharmaceutical services, if he has been domiciled inthis State for at least 1 year immediately preceding the date of hisapplication and:

(a) If the senior citizen is single, his income is notover $21,500; or

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

The monetaryamounts set forth in this subsection must be adjusted for each fiscal year byadding to each amount the product of the amount shown multiplied by thepercentage increase in the Consumer Price Index from December 2002 to the Decemberpreceding the fiscal year for which the adjustment is calculated.

3. The subsidy granted pursuant to this section mustnot exceed:

(a) The annual cost of prescription drugs andpharmaceutical services provided to the senior citizen; or

(b) The annual cost of insurance that provides otherbenefits to the senior citizen pursuant to subsection 1.

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

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

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

5. The Department may waive the eligibilityrequirement set forth in subsection 2 regarding household income upon writtenrequest of the applicant or enrollee based on one or more of the followingcircumstances:

(a) Illness;

(b) Disability; or

(c) Extreme financial hardship, when considering thecurrent financial circumstances of the applicant or enrollee.

An applicantor enrollee who requests such a waiver shall include with that request allmedical and financial documents that support his request.

6. If the Federal Government provides any coveragefor:

(a) Prescription drugs and pharmaceutical services; or

(b) Other benefits, including, without limitation,dental or vision benefits,

for seniorcitizens who are eligible for a subsidy pursuant to subsections 1 to 5,inclusive, the Department may, upon approval of the Legislature, or the InterimFinance Committee if the Legislature is not in session, change any programestablished pursuant to NRS 439.635 to 439.690, inclusive, and otherwise provideassistance with prescription drugs, pharmaceutical services and, to the extentmoney is available, other benefits, including, without limitation, dental andvision benefits for senior citizens within the limits of the money availablefor this purpose in the Fund for a Healthy Nevada.

7. The provisions of subsections 1 to 5, inclusive, donot apply to the extent that the Department provides assistance for seniorcitizens pursuant to subsection 6.

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

NRS 439.670 Requestfor subsidy; action on request; payment of subsidy.

1. A senior citizen who wishes to receive a subsidypursuant to NRS 439.665 must file arequest therefor with the Department.

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

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

4. The Department shall determine which seniorcitizens are eligible to receive a subsidy pursuant to NRS 439.665 and, if the Department hasentered into a contract pursuant to NRS439.665 to provide the subsidy, pay the subsidy directly to the person orentity with whom the Department has entered into the contract.

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

NRS 439.675 Denialof request for subsidy; repayment of amount received pursuant to fraudulentrequest.

1. TheDepartment shall deny any request for a subsidy received pursuant to NRS 439.670 to which the senior citizen isnot entitled.

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

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

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

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

(Added to NRS by 1999, 2761)

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

(Added to NRS by 1999, 2761)

NRS 439.690 Restrictionson use of information contained in request for subsidy. No person may publish, disclose or use any personal orconfidential information contained in a request for a subsidy submittedpursuant to NRS 439.670 except forpurposes relating to the administration of NRS439.635 to 439.690, inclusive.

(Added to NRS by 1999, 2761)

Subsidies for Provision of Pharmaceutical Services toPersons with Disabilities

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

(Added to NRS by 2005, 1327)

NRS 439.715 Householdincome defined. Household income has themeaning ascribed to it in NRS 427A.480.

(Added to NRS by 2005, 1327)

NRS 439.725 Incomedefined. Income has the meaning ascribed toit in NRS 427A.485.

(Added to NRS by 2005, 1327)

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

1. Prescribe the content and form of a request for asubsidy required to be submitted pursuant to NRS439.755.

2. Designate the proof that must be submitted withsuch a request.

3. Adopt regulations to protect the confidentiality ofinformation supplied by a person with a disability requesting a subsidypursuant to NRS 439.755.

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

(Added to NRS by 2005, 1327)

NRS 439.745 Contractsto subsidize cost of prescription drugs and pharmaceutical services; subsidiesby Department; eligibility for and amount of subsidies; copayments; waiver ofeligibility requirements; coverage provided by Federal Government; authority ofDepartment to change programs.

1. The Department may:

(a) Enter into contracts with private insurers whotransact health insurance in this State to subsidize the cost of prescriptiondrugs and pharmaceutical services for persons with disabilities by arrangingfor the availability, at a reasonable cost, of policies of health insurancethat provide coverage to persons with disabilities for prescription drugs andpharmaceutical services; or

(b) Subsidize the cost of prescription drugs andpharmaceutical services for persons with disabilities in any other manner.

2. Within the limits of the money available for thispurpose in the Fund for a Healthy Nevada, a person with a disability who is noteligible for Medicaid and who is eligible for a subsidy for the cost ofprescription drugs and pharmaceutical services that is made available pursuantto subsection 1 is entitled to an annual grant from the Fund to subsidize thecost of prescription drugs and pharmaceutical services, if he has beendomiciled in this State for at least 1 year immediately preceding the date ofhis application and:

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

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

The monetaryamounts set forth in this subsection must be adjusted for each fiscal year byadding to each amount the product of the amount shown multiplied by thepercentage increase in the Consumer Price Index from December 2002 to the Decemberpreceding the fiscal year for which the adjustment is calculated.

3. The subsidy granted pursuant to this section mustnot exceed the annual cost of prescription drugs and pharmaceutical servicesprovided to the person with a disability.

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

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

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

5. The Department may waive the eligibilityrequirement set forth in subsection 2 regarding household income upon writtenrequest of the applicant or enrollee based on one or more of the followingcircumstances:

(a) Illness;

(b) Disability; or

(c) Extreme financial hardship, when considering thecurrent financial circumstances of the applicant or enrollee.

An applicantor enrollee who requests such a waiver shall include with that request allmedical and financial documents that support his request.

6. If the Federal Government provides any coverage ofprescription drugs and pharmaceutical services for persons with disabilitieswho are eligible for a subsidy pursuant to subsections 1 to 5, inclusive, theDepartment may, upon approval of the Legislature, or the Interim FinanceCommittee if the Legislature is not in session, change any program establishedpursuant to NRS 439.705 to 439.795, inclusive, and otherwise provideassistance with prescription drugs and pharmaceutical services for persons withdisabilities within the limits of the money available for this purpose in theFund for a Healthy Nevada.

7. The provisions of subsections 1 to 5, inclusive, donot apply if the Department provides assistance with prescription drugs andpharmaceutical services for persons with disabilities pursuant to subsection 6.

(Added to NRS by 2005, 1327)

NRS 439.755 Requestfor subsidy; action on request; payment of subsidy.

1. A person with a disability who wishes to receive asubsidy pursuant to NRS 439.745 mustfile a request therefor with the Department.

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

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

4. The Department shall determine which persons withdisabilities are eligible to receive a subsidy pursuant to NRS 439.745 and, if the Department hasentered into a contract pursuant to NRS439.745 to provide the subsidy, pay the subsidy directly to the person orentity with whom the Department has entered into the contract.

(Added to NRS by 2005, 1329)

NRS 439.765 Denialof request for subsidy; repayment of amount received pursuant to fraudulentrequest.

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

2. The Department may deny in total any request whichit finds to have been filed with fraudulent intent. If any such request hasbeen paid and is afterward denied, the amount of the subsidy must be repaid bythe person with a disability to the Department.

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

(Added to NRS by 2005, 1329)

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

(Added to NRS by 2005, 1329)

NRS 439.785 Revocationof subsidy and payment of restitution. Any subsidygranted pursuant to NRS 439.745 to aperson with a disability who is not qualified for such a subsidy may be revokedby the Department. If a subsidy is so revoked, the person with a disabilityshall make restitution to the Department for any subsidy he has improperlyreceived, and the Department shall take all proper actions to collect theamount of the subsidy as a debt.

(Added to NRS by 2005, 1329)

NRS 439.795 Restrictionson use of information contained in request for subsidy. No person may publish, disclose or use any personal orconfidential information contained in a request for a subsidy submittedpursuant to NRS 439.755 except forpurposes relating to the administration of NRS439.705 to 439.795, inclusive.

(Added to NRS by 2005, 1329)

HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES

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

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

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

1. Surgical site infections;

2. Ventilator-associated pneumonia;

3. Central line-related bloodstream infections;

4. Urinary tract infections; and

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

(Added to NRS by 2005, 599)

NRS 439.805 Medicalfacility defined. Medical facility means:

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

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

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

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

(Added to NRS by 2002 Special Session,13)

NRS 439.810 Patientdefined. Patient means a person who:

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

2. Resides in a medical facility; or

3. Receives treatment from a provider of health care.

(Added to NRS by 2002 Special Session,13)

NRS 439.815 Patientsafety officer defined. Patient safetyofficer means a person who is designated as such by a medical facilitypursuant to NRS 439.870.

(Added to NRS by 2002 Special Session,13)

NRS 439.820 Providerof health care defined. Provider of healthcare means a person who is licensed, certified or otherwise authorized by thelaws of this state to administer health care in the ordinary course of thebusiness or practice of a profession.

(Added to NRS by 2002 Special Session,13)

NRS 439.825 Repositorydefined. Repository means the Repository forHealth Care Quality Assurance created by NRS439.850.

(Added to NRS by 2002 Special Session,13)

NRS 439.830 Sentinelevent defined. Sentinel event means an unexpectedoccurrence involving facility-acquired infection, death or serious physical orpsychological injury or the risk thereof, including, without limitation, anyprocess variation for which a recurrence would carry a significant chance of aserious adverse outcome. The term includes loss of limb or function.

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

NRS 439.835 Mandatoryreporting of sentinel events.

1. Except as otherwise provided in subsection 2:

(a) A person who is employed by a medical facilityshall, within 24 hours after becoming aware of a sentinel event that occurredat the medical facility, notify the patient safety officer of the facility ofthe sentinel event; and

(b) The patient safety officer shall, within 13 daysafter receiving notification pursuant to paragraph (a), report the date, thetime and a brief description of the sentinel event to:

(1) The Health Division; and

(2) The representative designated pursuant to NRS 439.855, if that person is differentfrom the patient safety officer.

2. If the patient safety officer of a medical facilitypersonally discovers or becomes aware, in the absence of notification byanother employee, of a sentinel event that occurred at the medical facility,the patient safety officer shall, within 14 days after discovering or becomingaware of the sentinel event, report the date, time and brief description of thesentinel event to:

(a) The Health Division; and

(b) The representative designated pursuant to NRS 439.855, if that person is differentfrom the patient safety officer.

3. The Administrator shall prescribe the manner inwhich reports of sentinel events must be made pursuant to this section.

(Added to NRS by 2002 Special Session,13)

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

1. The Health Division shall, to the extent oflegislative appropriation and authorization:

(a) Collect and maintain reports received pursuant to NRS 439.835; and

(b) Ensure that such reports, and any additionaldocuments created from such reports, are protected adequately from fire, theft,loss, destruction and other hazards and from unauthorized access.

2. Reports received pursuant to NRS 439.835 are confidential, not subjectto subpoena or discovery and not subject to inspection by the general public.

(Added to NRS by 2002 Special Session,14)

NRS 439.845 Analysisand reporting of trends regarding sentinel events; treatment of certaininformation regarding corrective action by medical facility.

1. The Health Division shall, to the extent oflegislative appropriation and authorization, contract with a qualityimprovement organization, as defined in 42 C.F.R. 400.200, to analyze andreport trends regarding sentinel events.

2. When the Health Division receives notice from amedical facility that the medical facility has taken corrective action toremedy the causes or contributing factors, or both, of a sentinel event, theHealth Division shall:

(a) Make a record of the information;

(b) Ensure that the information is aggregated so as notto reveal the identity of a specific person or medical facility; and

(c) Transmit the information to a quality improvementorganization.

3. A quality improvement organization to whominformation is transmitted pursuant to subsection 2 shall, at least quarterly,report its findings regarding the analysis of aggregated trends of sentinelevents to the Repository for Health Care Quality Assurance.

(Added to NRS by 2002 Special Session,14)

NRS 439.850 Repositoryfor Health Care Quality Assurance: Creation; function.

1. The Repository for Health Care Quality Assurance ishereby created within the Health Division.

2. The Repository shall, to the extent of legislativeappropriation and authorization, function as a clearinghouse of informationrelating to aggregated trends of sentinel events.

(Added to NRS by 2002 Special Session,14)

NRS 439.855 Notificationof patients involved in sentinel events.

1. Each medical facility that is located within thisstate shall designate a representative for the notification of patients whohave been involved in sentinel events at that medical facility.

2. A representative designated pursuant to subsection1 shall, not later than 7 days after discovering or becoming aware of asentinel event that occurred at the medical facility, provide notice of thatfact to each patient who was involved in that sentinel event.

3. The provision of notice to a patient pursuant tosubsection 2 must not, in any action or proceeding, be considered anacknowledgment or admission of liability.

4. A representative designated pursuant to subsection 1may or may not be the same person who serves as the facilitys patient safetyofficer.

(Added to NRS by 2002 Special Session,14)

NRS 439.860 Inadmissibilityof certain information in administrative or legal proceeding. Any report, document and any other information compiled ordisseminated pursuant to the provisions of NRS439.800 to 439.890, inclusive, isnot admissible in evidence in any administrative or legal proceeding conductedin this State.

(Added to NRS by 2002 Special Session,15; A 2005, 600)

NRS 439.865 Patientsafety plan: Development; approval; notice; compliance.

1. Each medical facility that is located within thisstate shall develop, in consultation with the providers of health care whoprovide treatment to patients at the medical facility, an internal patientsafety plan to improve the health and safety of patients who are treated atthat medical facility.

2. A medical facility shall submit its patient safetyplan to the governing board of the medical facility for approval in accordancewith the requirements of this section.

3. After a medical facilitys patient safety plan isapproved, the medical facility shall notify all providers of health care whoprovide treatment to patients at the medical facility of the existence of theplan and of the requirements of the plan. A medical facility shall requirecompliance with its patient safety plan.

(Added to NRS by 2002 Special Session,15)

NRS 439.870 Patientsafety officer: Designation; duties.

1. A medical facility shall designate an officer oremployee of the facility to serve as the patient safety officer of the medicalfacility.

2. The person who is designated as the patient safetyofficer of a medical facility shall:

(a) Serve on the patient safety committee.

(b) Supervise the reporting of all sentinel events allegedto have occurred at the medical facility, including, without limitation,performing the duties required pursuant to NRS439.835.

(c) Take such action as he determines to be necessary toensure the safety of patients as a result of an investigation of any sentinelevent alleged to have occurred at the medical facility.

(d) Report to the patient safety committee regardingany action taken in accordance with paragraph (c).

(Added to NRS by 2002 Special Session,15)

NRS 439.875 Patientsafety committee: Establishment; composition; meetings; duties; proceedings andrecords are privileged.

1. A medical facility shall establish a patient safetycommittee.

2. Except as otherwise provided in subsection 3:

(a) A patient safety committee established pursuant tosubsection 1 must be composed of:

(1) The patient safety officer of the medicalfacility.

(2) At least three providers of health care whotreat patients at the medical facility, including, without limitation, at leastone member of the medical, nursing and pharmaceutical staff of the medicalfacility.

(3) One member of the executive or governing bodyof the medical facility.

(b) A patient safety committee shall meet at least onceeach month.

3. The Administrator shall adopt regulationsprescribing the composition and frequency of meetings of patient safetycommittees at medical facilities having fewer than 25 employees andcontractors.

4. A patient safety committee shall:

(a) Receive reports from the patient safety officerpursuant to NRS 439.870.

(b) Evaluate actions of the patient safety officer inconnection with all reports of sentinel events alleged to have occurred at themedical facility.

(c) Review and evaluate the quality of measures carriedout by the medical facility to improve the safety of patients who receive treatmentat the medical facility.

(d) Make recommendations to the executive or governingbody of the medical facility to reduce the number and severity of sentinelevents that occur at the medical facility.

(e) At least once each calendar quarter, report to theexecutive or governing body of the medical facility regarding:

(1) The number of sentinel events that occurredat the medical facility during the preceding calendar quarter; and

(2) Any recommendations to reduce the number andseverity of sentinel events that occur at the medical facility.

5. The proceedings and records of a patient safetycommittee are subject to the same privilege and protection from discovery asthe proceedings and records described in NRS49.265.

(Added to NRS by 2002 Special Session,15)

NRS 439.880 Immunityfrom criminal and civil liability. No personis subject to any criminal penalty or civil liability for libel, slander or anysimilar cause of action in tort if he, without malice:

1. Reports a sentinel event to a governmental entitywith jurisdiction or another appropriate authority;

2. Notifies a governmental entity with jurisdiction oranother appropriate authority of a sentinel event;

3. Transmits information regarding a sentinel event toa governmental entity with jurisdiction or another appropriate authority;

4. Compiles, prepares or disseminates information regardinga sentinel event to a governmental entity with jurisdiction or anotherappropriate authority; or

5. Performs any other act authorized pursuant to NRS 439.800 to 439.890, inclusive.

(Added to NRS by 2002 Special Session,16; A 2005, 600)

NRS 439.885 Violationby medical facility: Administrative sanction prohibited when voluntarilyreported. If a medical facility:

1. Commits a violation of any provision of NRS 439.800 to 439.890, inclusive, or for any violationfor which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable;and

2. Of its own volition, reports the violation to theAdministrator,

such aviolation must not be used as the basis for imposing an administrative sanctionpursuant to NRS 449.163.

(Added to NRS by 2002 Special Session,16; A 2005, 600)

NRS 439.890 Adoptionof regulations. The Administrator shall adoptsuch regulations as the Administrator determines to be necessary or advisableto carry out the provisions of NRS 439.800to 439.890, inclusive.

(Added to NRS by 2002 Special Session,16; A 2005, 600)

 

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