2005 Nevada Revised Statutes - Chapter 441A — Communicable Diseases

CHAPTER 441A - COMMUNICABLE DISEASES

GENERAL PROVISIONS

NRS 441A.010 Definitions.

NRS 441A.020 Boarddefined.

NRS 441A.030 Childcare facility defined.

NRS 441A.040 Communicabledisease defined.

NRS 441A.050 Healthauthority defined.

NRS 441A.060 HealthDivision defined.

NRS 441A.065 Isolationdefined.

NRS 441A.070 Laboratorydirector defined.

NRS 441A.080 Medicalfacility defined.

NRS 441A.090 Medicallaboratory defined.

NRS 441A.100 Physiciandefined.

NRS 441A.110 Providerof health care defined.

NRS 441A.115 Quarantinedefined.

NRS 441A.120 Regulationsof State Board of Health.

NRS 441A.125 Useof syndromic reporting and active surveillance to monitor public health;regulations.

NRS 441A.130 StateHealth Officer to inform local health officers of regulations and procedures.

NRS 441A.140 Authorityof Health Division to receive and use financial aid.

NRS 441A.150 Reportingoccurrences of communicable diseases to health authority.

NRS 441A.160 Powersand duties of health authority.

NRS 441A.170 Weeklyreports to State Health Officer.

NRS 441A.180 Contagiousperson to prevent exposure to others; warning by health authority; penalty.

NRS 441A.190 Controlof disease within schools, child care facilities, medical facilities andcorrectional facilities.

NRS 441A.195 Testingof person who may have exposed law enforcement officer, correctional officer,emergency medical attendant, firefighter or other person employed by agency ofcriminal justice to contagious disease.

NRS 441A.200 Rightto receive treatment from physician or clinic of choice; Board may prescribemethod of treatment.

NRS 441A.210 Rightsand duties of person who depends exclusively on prayer for healing.

NRS 441A.220 Confidentialityof information; permissible disclosure.

NRS 441A.230 Disclosureof personal information prohibited without consent.

SEXUALLY TRANSMITTED DISEASES

NRS 441A.240 Dutiesof Health Division.

NRS 441A.250 Establishmentand support of clinics and dispensaries.

NRS 441A.260 Provisionof medical supplies and financial aid for treatment of indigent patients.

NRS 441A.270 Instructionof patients on prevention and treatment of disease.

NRS 441A.280 Procedureto ensure that infected person receives adequate treatment.

NRS 441A.290 Infectedperson to report source of infection.

NRS 441A.300 Confinementof person whose conduct may spread acquired immunodeficiency syndrome.

NRS 441A.310 Examinationand treatment of minor without consent.

NRS 441A.320 Testingof person detained for commission of sexual offense; disclosure of results oftest; assistance of victim; payment of expenses.

NRS 441A.330 Provisionof outpatient care to persons with acquired immune deficiency syndrome or humanimmunodeficiency virus related disease.

TUBERCULOSIS

NRS 441A.340 Dutiesof Health Division.

NRS 441A.350 Establishmentand support of clinics.

NRS 441A.360 Provisionof medical supplies and financial aid for treatment of indigent patients.

NRS 441A.370 Contractswith hospitals, clinics and other institutions for examination and care ofpatients.

NRS 441A.380 Treatmentof patient for condition related to or as necessary for control oftuberculosis.

NRS 441A.390 Contractswith private physicians to provide outpatient care in rural areas.

NRS 441A.400 Inspectionof records of facility where patients are treated.

MISCELLANEOUS DISEASES

NRS 441A.410 Controlof rabies.

ISOLATION AND QUARANTINE OF PERSON OR GROUP OF PERSONS

General Provisions

NRS 441A.500 Healthauthority defined.

NRS 441A.510 Mannerof isolating, quarantining or treating by health authority; duty to informperson of rights.

NRS 441A.520 Rightof person isolated or quarantined to make and receive telephone calls and topossess cellular phone; duty to notify spouse or legal guardian under certaincircumstances.

NRS 441A.530 Rightto refuse treatment and not submit to involuntary treatment; exception.

 

Emergency Isolation or Quarantine

NRS 441A.540 Restrictionson change of status from voluntary isolation or quarantine to emergencyisolation or quarantine; rights of person whose status is changed.

NRS 441A.550 Detentionfor testing, examination, observation and consensual medical treatment; limitationon time; rights of person detained; extension of time.

NRS 441A.560 Procedurefor isolation or quarantine.

NRS 441A.570 Certificateof another health authority or physician, licensed physician assistant orregistered nurse required.

NRS 441A.580 Requirementsfor and limitations on applications and certificates.

NRS 441A.590 Additionalnotice to spouse or legal guardian.

 

Involuntary Court-Ordered Isolation or Quarantine

NRS 441A.600 Petition:Filing; certificate or statement of alleged infection with or exposure tocommunicable disease.

NRS 441A.610 Requirementsof petition that is filed after emergency isolation or quarantine.

NRS 441A.620 Hearingon petition; notice; release of person before hearing.

NRS 441A.630 Examinationof person alleged to be infected with or exposed to communicable disease;protective custody pending hearing.

NRS 441A.640 Evaluationteams: Establishment; composition; fees.

NRS 441A.650 Proceedingsheld in county where persons to conduct examination are available; expense ofproceedings paid by county.

NRS 441A.660 Rightto counsel; compensation of counsel; recess; duties of district attorney.

NRS 441A.670 Testimony.

NRS 441A.680 Rightof person alleged to be infected with or exposed to communicable disease to bepresent by telephonic conferencing or videoconferencing and to testify.

NRS 441A.690 Feesand mileage for witnesses.

NRS 441A.700 Findingsand order; expiration and renewal of isolation or quarantine; alternativecourses of treatment.

NRS 441A.710 Clinicalabstract to accompany order.

NRS 441A.720 Transportationto public or private medical facility, residence or other safe location.

ENFORCEMENT

NRS 441A.900 Injunction:Grounds; responsibility for prosecution; authority of court.

NRS 441A.910 Criminalpenalty for violation of chapter.

NRS 441A.920 Criminalpenalty and administrative fine for failure to comply with regulations orrequirements of chapter.

NRS 441A.930 Districtattorney to prosecute violators.

_________

GENERAL PROVISIONS

NRS 441A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS441A.020 to 441A.115, inclusive,have the meanings ascribed to them in those sections.

(Added to NRS by 1989, 294; A 2003, 2206)

NRS 441A.020 Boarddefined. Board means the State Board ofHealth.

(Added to NRS by 1989, 294)

NRS 441A.030 Childcare facility defined. Child care facilityhas the meaning ascribed to it in NRS432A.024.

(Added to NRS by 1989, 294; A 1991, 2310)

NRS 441A.040 Communicabledisease defined. Communicable disease meansa disease which is caused by a specific infectious agent or its toxic products,and which can be transmitted, either directly or indirectly, from a reservoirof infectious agents to a susceptible host organism.

(Added to NRS by 1989, 294)

NRS 441A.050 Healthauthority defined. Health authority meansthe district health officer in a district, or his designee, or, if none, theState Health Officer, or his designee.

(Added to NRS by 1989, 294)

NRS 441A.060 HealthDivision defined. Health Division means theHealth Division of the Department of Health and Human Services.

(Added to NRS by 1989, 294)

NRS 441A.065 Isolationdefined. Isolation means the physical separationand confinement of a person or a group of persons infected or reasonably believedby a health authority to be infected with a communicable disease from personswho are not infected with and have not been exposed to the communicabledisease, to limit the transmission of the communicable disease to persons whoare not infected with and have not been exposed to the communicable disease.

(Added to NRS by 2003, 2196)

NRS 441A.070 Laboratorydirector defined. Laboratory director hasthe meaning ascribed to it in NRS 652.050.

(Added to NRS by 1989, 294)

NRS 441A.080 Medicalfacility defined. Medical facility has themeaning ascribed to it in NRS 449.0151.

(Added to NRS by 1989, 294)

NRS 441A.090 Medicallaboratory defined. Medical laboratory hasthe meaning ascribed to it in NRS 652.060.

(Added to NRS by 1989, 294)

NRS 441A.100 Physiciandefined. Physician is limited to a person licensedto practice medicine pursuant to chapter 630or 633 of NRS.

(Added to NRS by 1989, 294)

NRS 441A.110 Providerof health care defined. Provider of healthcare means a physician, nurse, physician assistant or veterinarian licensed inaccordance with state law.

(Added to NRS by 1989, 294; A 2001, 781)

NRS 441A.115 Quarantinedefined. Quarantine means the physicalseparation and confinement of a person or a group of persons exposed to orreasonably believed by a health authority to have been exposed to acommunicable disease who do not yet show any signs or symptoms of being infectedwith the communicable disease from persons who are not infected with and havenot been exposed to the communicable disease, to limit the transmission of thecommunicable disease to persons who are not infected with and have not beenexposed to the communicable disease.

(Added to NRS by 2003, 2196)

NRS 441A.120 Regulationsof State Board of Health. The Board shalladopt regulations governing the control of communicable diseases in this State,including regulations specifically relating to the control of such diseases ineducational, medical and correctional institutions. The regulations mustspecify:

1. The diseases which are known to be communicable.

2. The communicable diseases which are known to besexually transmitted.

3. The procedures for investigating and reportingcases or suspected cases of communicable diseases, including the time withinwhich these actions must be taken.

4. For each communicable disease, the procedures fortesting, treating, isolating and quarantining a person or group of persons whohave been exposed to or have or are suspected of having the disease.

5. A method for ensuring that any testing, treatment,isolation or quarantine of a person or a group of persons pursuant to thischapter is carried out in the least restrictive manner or environment that isappropriate and acceptable under current medical and public health practices.

(Added to NRS by 1989, 294; A 2003, 2206)

NRS 441A.125 Useof syndromic reporting and active surveillance to monitor public health;regulations.

1. The Board shall develop a system which provides forsyndromic reporting and active surveillance to monitor public health in thisstate during major events or when determined appropriate and necessary by ahealth authority.

2. The Board shall adopt regulations concerning thesystem it develops pursuant to this section, including, without limitation:

(a) The manner in which and situations during which thesystem actively gathers information;

(b) The persons who are required to report informationto the system; and

(c) The procedures for reporting required informationto the system.

(Added to NRS by 2003, 2205)

NRS 441A.130 StateHealth Officer to inform local health officers of regulations and procedures. The State Health Officer shall inform each local healthofficer of the regulations adopted by the Board and the procedures establishedfor investigating and reporting cases or suspected cases of communicablediseases.

(Added to NRS by 1989, 295)

NRS 441A.140 Authorityof Health Division to receive and use financial aid. TheHealth Division may receive any financial aid made available by any grant orother source and shall use the aid, in cooperation with the health authority,to carry out the provisions of this chapter.

(Added to NRS by 1989, 299)

NRS 441A.150 Reportingoccurrences of communicable diseases to health authority.

1. A provider of health care who knows of, or providesservices to, a person who has or is suspected of having a communicable diseaseshall report that fact to the health authority in the manner prescribed by theregulations of the Board. If no provider of health care is providing services,each person having knowledge that another person has a communicable diseaseshall report that fact to the health authority in the manner prescribed by theregulations of the Board.

2. A medical facility in which more than one providerof health care may know of, or provide services to, a person who has or issuspected of having a communicable disease shall establish administrativeprocedures to ensure that the health authority is notified.

3. A laboratory director shall, in the mannerprescribed by the Board, notify the health authority of the identification byhis medical laboratory of the presence of any communicable disease in thejurisdiction of that health authority. The health authority shall not presume adiagnosis of a communicable disease on the basis of the notification receivedfrom the laboratory director.

4. If more than one medical laboratory is involved intesting a specimen, the laboratory that is responsible for reporting theresults of the testing directly to the provider of health care for the patientshall also be responsible for reporting to the health authority.

(Added to NRS by 1989, 295)

NRS 441A.160 Powersand duties of health authority.

1. A health authority who knows, suspects or isinformed of the existence within his jurisdiction of any communicable diseaseshall immediately investigate the matter and all circumstances connected withit, and shall take such measures for the prevention, suppression and control ofthe disease as are required by the regulations of the Board or a local board ofhealth.

2. A health authority may:

(a) Enter private property at reasonable hours toinvestigate any case or suspected case of a communicable disease.

(b) Order any person whom he reasonably suspects has acommunicable disease in an infectious state to submit to any medicalexamination or test which he believes is necessary to verify the presence ofthe disease. The order must be in writing and specify the name of the person tobe examined and the time and place of the examination and testing, and mayinclude such terms and conditions as the health authority believes arenecessary to protect the public health.

(c) Except as otherwise provided in subsection 5 and NRS 441A.210, issue an order requiringthe isolation, quarantine or treatment of any person or group of persons if hebelieves that such action is necessary to protect the public health. The ordermust be in writing and specify the person or group of persons to be isolated orquarantined, the time during which the order is effective, the place ofisolation or quarantine and other terms and conditions which the healthauthority believes are necessary to protect the public health, except that noisolation or quarantine may take place if the health authority determines thatsuch action may endanger the life of a person who is isolated or quarantined.

3. Each order issued pursuant to this section must beserved upon each person named in the order by delivering a copy to him.

4. If a health authority issues an order to isolate orquarantine a person with a communicable or infectious disease in a medicalfacility, the health authority must isolate or quarantine the person in themanner set forth in NRS 441A.500 to 441A.720, inclusive.

5. Except as otherwise provided in NRS 441A.310 and 441A.380, a health authority may notissue an order requiring the involuntary treatment of a person without a courtorder requiring the person to submit to treatment.

(Added to NRS by 1989, 295; A 2003, 2206)

NRS 441A.170 Weeklyreports to State Health Officer. Each health authorityshall report each week to the State Health Officer the number and types ofcases or suspected cases of communicable disease reported to him, and any otherinformation required by the regulations of the Board.

(Added to NRS by 1989, 299)

NRS 441A.180 Contagiousperson to prevent exposure to others; warning by health authority; penalty.

1. A person who has a communicable disease in aninfectious state shall not conduct himself in any manner likely to expose othersto the disease or engage in any occupation in which it is likely that thedisease will be transmitted to others.

2. A health authority who has reason to believe that aperson is in violation of subsection 1 shall issue a warning to him, inwriting, informing him of the behavior which constitutes the violation and ofthe precautions that he must take to avoid exposing others to the disease. Thewarning must be served upon the person by delivering a copy to him.

3. A person who violates the provisions of subsection1 after service upon him of a warning from a health authority is guilty of amisdemeanor.

(Added to NRS by 1989, 296)

NRS 441A.190 Controlof disease within schools, child care facilities, medical facilities andcorrectional facilities.

1. Except as otherwise provided in this subsection, ahealth authority who knows of the presence of a communicable disease within aschool, child care facility, medical facility or correctional facility shallnotify the principal, director or other person in charge of the school, childcare facility, medical facility or correctional facility of that fact anddirect what action, if any, must be taken to prevent the spread of the disease.A health authority who knows of the presence of the human immunodeficiencyvirus within a school shall notify the superintendent of the school district ofthat fact and direct what action, if any, must be taken to prevent the spreadof the virus.

2. Except as otherwise provided in this subsection,the principal, director or other person in charge of a school, child carefacility, medical facility or correctional facility who knows of or suspectsthe presence of a communicable disease within the school, child care facility,medical facility or correctional facility, shall notify the health authoritypursuant to the regulations of the Board. If a principal of a school knows ofthe presence of the human immunodeficiency virus within the school, he shallnotify the superintendent of the school district of that fact. A superintendentof a school district who is notified of or knows of the presence of the humanimmunodeficiency virus within a school in the school district shall notify thehealth authority of that fact. The health authority shall investigate a reportreceived pursuant to this subsection to determine whether a communicabledisease or the human immunodeficiency virus is present and direct what action,if any, must be taken to prevent the spread of the disease or virus.

3. A parent, guardian or person having custody of achild who has a communicable disease shall not knowingly permit the child toattend school or a child care facility if the Board, by regulation, hasdetermined that the disease requires exclusion from school or a child carefacility.

(Added to NRS by 1989, 296; A 1991, 1340)

NRS 441A.195 Testingof person who may have exposed law enforcement officer, correctional officer,emergency medical attendant, firefighter or other person employed by agency ofcriminal justice to contagious disease.

1. A law enforcement officer, correctional officer,emergency medical attendant, firefighter or any other person who is employed byan agency of criminal justice who may have been exposed to a contagious diseasewhile performing his official duties, or the employer of such a person, maypetition a court for an order requiring the testing of a person for exposure tothe human immunodeficiency virus and the hepatitis B surface antigen if theperson may have exposed the officer, medical attendant, firefighter or otherperson employed by an agency of criminal justice to a contagious disease.

2. When possible, before filing a petition pursuant tosubsection 1, the person or employer petitioning shall submit informationconcerning the possible exposure to a contagious disease to the designatedhealth care officer for the employer, or if there is no designated health careofficer, the person designated by the employer to document and verify possibleexposure to contagious diseases, for verification that there was substantialexposure. Each designated health care officer or person designated by an employerto document and verify possible exposure to contagious diseases shall establishguidelines based on current scientific information to determine substantialexposure.

3. A court shall promptly hear a petition filedpursuant to subsection 1 and determine whether there is probable cause tobelieve that a possible transfer of blood or other bodily fluids occurredbetween the person who filed the petition or on whose behalf the petition wasfiled and the person who possibly exposed him to a contagious disease. If thecourt determines that probable cause exists to believe that a possible transferof blood or other bodily fluids occurred, the court shall order the person whopossibly exposed the petitioner to a contagious disease to submit two specimensof blood to a local hospital or medical laboratory for testing for exposure tothe human immunodeficiency virus and the hepatitis B surface antigen. The localhospital or medical laboratory shall perform the test in accordance withgenerally accepted medical practices and shall disclose the results of the testin the manner set forth in NRS 629.069.

4. The employer of a person who files a petition or onwhose behalf a petition is filed pursuant to this section or the insurer of theemployer shall pay the cost of performing the test pursuant to subsection 3.

5. As used in this section:

(a) Agency of criminal justice has the meaningascribed to it in NRS 179A.030.

(b) Emergency medical attendant means a personlicensed as an attendant or certified as an emergency medical technician,intermediate emergency medical technician or advanced emergency medicaltechnician pursuant to chapter 450B of NRS.

(Added to NRS by 1999, 1122; A 2005, 328)

NRS 441A.200 Rightto receive treatment from physician or clinic of choice; Board may prescribemethod of treatment. This chapter does not empoweror authorize the health authority or any other person to interfere in any mannerwith the right of a person to receive approved treatment for a communicabledisease from any physician, clinic or other person of his choice, but the Boardhas the power to prescribe the approved method of treatment to be used by thephysician, clinic or other person.

(Added to NRS by 1989, 298)

NRS 441A.210 Rightsand duties of person who depends exclusively on prayer for healing. A person who has a communicable disease and depends exclusivelyon prayer for healing in accordance with the tenets and precepts of anyrecognized religious sect, denomination or organization is not required tosubmit to any medical treatment required by the provisions of this chapter, butmay be isolated or quarantined in his home or other place of his choiceacceptable to the health authority, and shall comply with all applicable rules,regulations and orders issued by the health authority.

(Added to NRS by 1989, 298)

NRS 441A.220 Confidentialityof information; permissible disclosure. All information of a personalnature about any person provided by any other person reporting a case orsuspected case of a communicable disease, or by any person who has acommunicable disease, or as determined by investigation of the health authority,is confidential medical information and must not be disclosed to any person underany circumstances, including pursuant to any subpoena, search warrant or discoveryproceeding, except as follows:

1. For statistical purposes, provided that theidentity of the person is not discernible from the information disclosed.

2. In a prosecution for a violation of this chapter.

3. In a proceeding for an injunction brought pursuantto this chapter.

4. In reporting the actual or suspected abuse orneglect of a child or elderly person.

5. To any person who has a medical need to know theinformation for his own protection or for the well-being of a patient ordependent person, as determined by the health authority in accordance withregulations of the Board.

6. If the person who is the subject of the informationconsents in writing to the disclosure.

7. Pursuant to subsection 2 of NRS 441A.320 or NRS 629.069.

8. If the disclosure is made to the Department ofHealth and Human Services and the person about whom the disclosure is made hasbeen diagnosed as having acquired immunodeficiency syndrome or an illnessrelated to the human immunodeficiency virus and is a recipient of or anapplicant for Medicaid.

9. To a firefighter, police officer or personproviding emergency medical services if the Board has determined that the informationrelates to a communicable disease significantly related to that occupation. Theinformation must be disclosed in the manner prescribed by the Board.

10. If the disclosure is authorized or required byspecific statute.

(Added to NRS by 1989, 299; A 1989, 1476; 1997, 1254;1999, 1123, 2238, 2245; 2005, 329)

NRS 441A.230 Disclosureof personal information prohibited without consent. Exceptas otherwise provided in this chapter, a person shall not make public the nameof, or other personal identifying information about, a person infected with acommunicable disease who has been investigated by the health authority pursuantto this chapter, without the consent of the person.

(Added to NRS by 1989, 300)

SEXUALLY TRANSMITTED DISEASES

NRS 441A.240 Dutiesof Health Division.

1. The Health Division shall control, prevent, treatand, whenever possible, ensure the cure of sexually transmitted diseases.

2. The Health Division shall provide the materials andcurriculum necessary to conduct the educational program provided for in NRS 209.385 and establish a program for thecertification of persons qualified to provide instruction for the program.

(Added to NRS by 1989, 296; A 1989, 1476)

NRS 441A.250 Establishmentand support of clinics and dispensaries. TheHealth Division may establish and provide financial or other support to suchclinics and dispensaries as it believes are reasonably necessary for theprevention, control, treatment or cure of sexually transmitted diseases.

(Added to NRS by 1989, 296)

NRS 441A.260 Provisionof medical supplies and financial aid for treatment of indigent patients. If a person in this state who has a sexually transmitteddisease is, in the discretion of the Health Division, unable to afford approvedtreatment for the disease, the Health Division may provide medical supplies ordirect financial aid to any physician, clinic or dispensary in this state,within the limits of the available appropriations and any other resources, tobe used in his treatment. A physician, clinic or dispensary that acceptssupplies or aid pursuant to this section shall comply with all conditionsprescribed by the Board relating to the use of the supplies or aid.

(Added to NRS by 1989, 296)

NRS 441A.270 Instructionof patients on prevention and treatment of disease. Aphysician, clinic or dispensary providing treatment to a person who has asexually transmitted disease shall instruct him in the methods of preventingthe spread of the disease and in the necessity of systematic and prolongedtreatment.

(Added to NRS by 1989, 296)

NRS 441A.280 Procedureto ensure that infected person receives adequate treatment. A physician who, or clinic or dispensary which, determinesthat a person has a sexually transmitted disease shall encourage and, ifnecessary, attempt to persuade him to submit to medical treatment. Except asotherwise provided in NRS 441A.210, ifthe person does not submit to treatment, or does not complete the prescribedcourse of treatment, the physician, clinic or dispensary shall notify thehealth authority who shall take action to ensure that the person receivesadequate treatment for the disease.

(Added to NRS by 1989, 297)

NRS 441A.290 Infectedperson to report source of infection. A personwho has a sexually transmitted disease shall, upon request, inform the healthauthority of the source or possible source of the infection.

(Added to NRS by 1989, 297)

NRS 441A.300 Confinementof person whose conduct may spread acquired immunodeficiency syndrome. A person who is diagnosed as having acquiredimmunodeficiency syndrome who fails to comply with a written order of a healthauthority, or who engages in behavior through which the disease may be spreadto others, is, in addition to any other penalty imposed pursuant to thischapter, subject to confinement by order of a court of competent jurisdiction.

(Added to NRS by 1989, 297)

NRS 441A.310 Examinationand treatment of minor without consent. Exceptas otherwise provided in NRS 441A.210,when any minor is suspected of having or is found to have a sexuallytransmitted disease, the health authority may require the minor to undergoexamination and treatment, regardless of whether the minor or either of hisparents consents to the examination and treatment.

(Added to NRS by 1989, 297)

NRS 441A.320 Testingof person detained for commission of sexual offense; disclosure of results oftest; assistance of victim; payment of expenses.

1. As soon as practicable after:

(a) A person is arrested for the commission of a crime;or

(b) A minor is detained for the commission of an actwhich, if committed by a person other than a minor would have constituted acrime,

which thevictim or a witness alleges involved the sexual penetration of the victimsbody, the health authority shall test a specimen obtained from the arrested personor detained minor for exposure to the human immunodeficiency virus and anycommonly contracted sexually transmitted disease, regardless of whether he or,if a detained minor, his parent or guardian consents to providing the specimen.The agency that has custody of the arrested person or detained minor shallobtain the specimen and submit it to the health authority for testing. Thehealth authority shall perform the test in accordance with generally acceptedmedical practices.

2. The health authority shall disclose the results ofall tests performed pursuant to subsection 1 to:

(a) The victim or to the victims parent or guardian ifthe victim is a minor; and

(b) The arrested person and, if a minor is detained, tohis parent or guardian.

3. If the health authority determines, from theresults of a test performed pursuant to subsection 1, that a victim of sexualassault may have been exposed to the human immunodeficiency virus or anycommonly contracted sexually transmitted disease, it shall, at the request ofthe victim, provide him with:

(a) An examination for exposure to the humanimmunodeficiency virus and any commonly contracted sexually transmitted diseaseto which the health authority determines he may have been exposed;

(b) Counseling regarding the human immunodeficiencyvirus and any commonly contracted sexually transmitted disease to which thehealth authority determines he may have been exposed; and

(c) A referral for health care and other assistance,

asappropriate.

4. If the court in:

(a) A criminal proceeding determines that a person hascommitted a crime; or

(b) A proceeding conducted pursuant to title 5 of NRSdetermines that a minor has committed an act which, if committed by a personother than a minor, would have constituted a crime,

involvingthe sexual penetration of a victims body, the court shall, upon application bythe health authority, order that minor or other person to pay any expensesincurred in carrying out this section with regard to that minor or other personand that victim.

5. The Board shall adopt regulations identifying, forthe purposes of this section, sexually transmitted diseases which are commonlycontracted.

6. As used in this section:

(a) Sexual assault means a violation of NRS 200.366.

(b) Sexual penetration has the meaning ascribed to itin NRS 200.364.

(Added to NRS by 1989, 297; A 1993, 1208; 2003, 1150)

NRS 441A.330 Provisionof outpatient care to persons with acquired immune deficiency syndrome or humanimmunodeficiency virus related disease. TheHealth Division may establish such dispensaries, pharmacies or clinics for outpatientcare as it believes are necessary for the care and treatment of persons whohave acquired immune deficiency syndrome or a human immunodeficiency virusrelated disease, and provide those institutions with financial or otherassistance. Dispensaries, pharmacies or clinics which accept financial or otherassistance pursuant to this section shall comply with all conditions prescribedby the Board relating to the use of that assistance.

(Added to NRS by 1989, 297)

TUBERCULOSIS

NRS 441A.340 Dutiesof Health Division. The Health Division shallcontrol, prevent the spread of, and ensure the treatment and cure oftuberculosis.

(Added to NRS by 1989, 297)

NRS 441A.350 Establishmentand support of clinics. The Health Divisionmay establish such clinics as it believes are necessary for the prevention andcontrol of, and for the treatment and cure of, persons who have tuberculosisand provide those clinics with financial or other assistance within the limitsof the available appropriations and any other resources.

(Added to NRS by 1989, 297)

NRS 441A.360 Provisionof medical supplies and financial aid for treatment of indigent patients. If a person in this state who has tuberculosis is, in thediscretion of the Health Division, unable to afford approved treatment for thedisease, the Health Division may provide medical supplies or direct financialaid, within the limits of the available appropriations, to be used in histreatment, to any physician, clinic, dispensary or medical facility. Aphysician, clinic, dispensary or medical facility that accepts supplies or aidpursuant to this section shall comply with all conditions prescribed by theboard relating to the use of the supplies or aid.

(Added to NRS by 1989, 298)

NRS 441A.370 Contractswith hospitals, clinics and other institutions for examination and care ofpatients.

1. The Health Division shall, by contract withhospitals, clinics or other institutions in the State, provide for thediagnostic examination of, and inpatient and outpatient care for, persons whohave tuberculosis.

2. If adequate facilities for examination and care arenot available in the State, the Health Division may contract with hospitals,clinics or other institutions in other states which do have adequatefacilities.

(Added to NRS by 1989, 298)

NRS 441A.380 Treatmentof patient for condition related to or as necessary for control oftuberculosis. Except as otherwise provided in NRS 441A.210, a person who hastuberculosis and is confined to a hospital or other institution pursuant to theprovisions of this chapter must be treated for tuberculosis and any relatedcondition, and may be treated for any other condition which the Health Divisiondetermines is detrimental to his health and the treatment of which is necessaryfor the effective control of tuberculosis.

(Added to NRS by 1989, 298)

NRS 441A.390 Contractswith private physicians to provide outpatient care in rural areas. The Health Division may contract with any privatephysician to provide outpatient care in those rural areas of the State where,in its determination, patients can best be treated in that manner.

(Added to NRS by 1989, 298)

NRS 441A.400 Inspectionof records of facility where patients are treated. TheHealth Division may inspect and must be given access to all records of everyinstitution and clinic, both public and private, where patients who havetuberculosis are treated at public expense.

(Added to NRS by 1989, 298)

MISCELLANEOUS DISEASES

NRS 441A.410 Controlof rabies. The Board shall adopt regulationsgoverning the control of rabies. The regulations must provide for:

1. The periodic inoculation of animals with approvedvaccines.

2. The impoundment of animals suspected of havingrabies and the disposition of those animals upon verification of the presenceof the disease.

3. Procedures for the treatment of persons who havebeen, or are suspected of having been, exposed to rabies.

(Added to NRS by 1989, 298)

ISOLATION AND QUARANTINE OF PERSON OR GROUP OF PERSONS

General Provisions

NRS 441A.500 Healthauthority defined. As used in NRS 441A.500 to 441A.720, inclusive, unless the contextotherwise requires, health authority means:

1. The officers and agents of the Health Division;

2. The officers and agents of a health district; or

3. The district health officer in a district, or hisdesignee, or, if none, the State Health Officer, or his designee.

(Added to NRS by 2003, 2196)

NRS 441A.510 Mannerof isolating, quarantining or treating by health authority; duty to informperson of rights.

1. If a health authority isolates, quarantines ortreats a person or group of persons infected with, exposed to, or reasonablybelieved by a health authority to have been infected with or exposed to acommunicable disease, the authority must isolate, quarantine or treat theperson or group of persons in the manner set forth in NRS 441A.500 to 441A.720, inclusive.

2. A health authority shall provide each person whomit isolates or quarantines pursuant to NRS441A.500 to 441A.720, inclusive,with a document informing the person of his rights. The Board shall adoptregulations:

(a) Setting forth the rights of a person who isisolated or quarantined that must be included in the document provided pursuantto this subsection; and

(b) Specifying the time and manner in which thedocument must be provided pursuant to this subsection.

(Added to NRS by 2003, 2196)

NRS 441A.520 Rightof person isolated or quarantined to make and receive telephone calls and topossess cellular phone; duty to notify spouse or legal guardian under certaincircumstances.

1. A person who is isolated or quarantined pursuant toNRS 441A.500 to 441A.720, inclusive, has the right:

(a) To make a reasonable number of completed telephonecalls from the place where he is isolated or quarantined as soon as reasonablypossible after his isolation or quarantine; and

(b) To possess and use a cellular phone or any othersimilar means of communication to make and receive calls in the place where heis isolated or quarantined.

2. If a person who is isolated or quarantined pursuantto NRS 441A.500 to 441A.720, inclusive, is unconscious orotherwise unable to communicate because of mental or physical incapacity, thehealth authority that isolated or quarantined the person must notify the spouseor legal guardian of the person by telephone and certified mail. If a persondescribed in this subsection is isolated or quarantined in a medical facilityand the health authority did not provide the notice required by thissubsection, the medical facility must provide the notice. If the case of aperson described in this subsection is before a court and the health authority,and medical facility, if any, did not provide the notice required by thissubsection, the court must provide the notice.

(Added to NRS by 2003, 2197)

NRS 441A.530 Rightto refuse treatment and not submit to involuntary treatment; exception. A person who is isolated or quarantined pursuant to NRS 441A.500 to 441A.720, inclusive, has the right torefuse treatment and may not be required to submit to involuntary treatmentunless a court issues an order requiring the person to submit to treatment.

(Added to NRS by 2003, 2197)

Emergency Isolation or Quarantine

NRS 441A.540 Restrictionson change of status from voluntary isolation or quarantine to emergencyisolation or quarantine; rights of person whose status is changed.

1. If a person infected with or exposed to acommunicable disease is voluntarily isolated or quarantined in a public orprivate medical facility, the facility shall not change the status of theperson to an emergency isolation or quarantine unless, before the change instatus is made:

(a) The facility provides:

(1) An application to a health authority for anemergency isolation or quarantine pursuant to NRS 441A.560; and

(2) The certificate of a health authority,physician, licensed physician assistant or registered nurse to a healthauthority pursuant to NRS 441A.570; or

(b) The facility receives an order for isolation orquarantine issued by a health authority.

2. A person whose status is changed to an emergencyisolation or quarantine pursuant to subsection 1:

(a) Must not be detained in excess of 48 hours afterthe change in status is made, unless within that period a written petition isfiled by a health authority with the clerk of the district court pursuant to NRS 441A.600; and

(b) May, immediately after his status is changed, seekan injunction or other appropriate process in district court challenging hisdetention.

3. If the period specified in subsection 2 expires ona day on which the office of the clerk of the district court is not open, thewritten petition must be filed on or before the close of the business day nextfollowing the expiration of that period.

4. Nothing in this section limits the actions that apublic or private medical facility may take to prevent or limit thetransmission of communicable diseases within the medical facility, including,without limitation, practices for the control of infections.

(Added to NRS by 2003, 2197)

NRS 441A.550 Detentionfor testing, examination, observation and consensual medical treatment;limitation on time; rights of person detained; extension of time.

1. Any person or group of persons alleged to have beeninfected with or exposed to a communicable disease may be detained in a publicor private medical facility, a residence or other safe location under emergencyisolation or quarantine for testing, examination, observation and the provisionof or arrangement for the provision of consensual medical treatment in themanner set forth in NRS 441A.500 to 441A.720, inclusive, and subject to theprovisions of subsection 2:

(a) Upon application to a health authority pursuant to NRS 441A.560;

(b) Upon order of a health authority; or

(c) Upon voluntary consent of the person, parent of aminor person or legal guardian of the person.

2. Except as otherwise provided in subsection 3, 4 or5, a person voluntarily or involuntarily isolated or quarantined undersubsection 1 must be released within 72 hours, including weekends and holidays,from the time of his admission to a medical facility or isolation or quarantinein a residence or other safe location, unless within that period:

(a) The additional voluntary consent of the person, theparent of a minor person or a legal guardian of the person is obtained;

(b) A written petition for an involuntary court-orderedisolation or quarantine is filed with the clerk of the district court pursuantto NRS 441A.600, including, withoutlimitation, the documents required pursuant to NRS 441A.610; or

(c) The status of the person is changed to a voluntaryisolation or quarantine.

3. A person who is involuntarily isolated orquarantined under subsection 1 may, immediately after he is isolated orquarantined, seek an injunction or other appropriate process in district courtchallenging his detention.

4. If the period specified in subsection 2 expires ona day on which the office of the clerk of the district court is not open, thewritten petition must be filed on or before the close of the business day nextfollowing the expiration of that period.

5. During a state of emergency or declaration ofdisaster regarding public health proclaimed by the Governor or the Legislaturepursuant to NRS 414.070, a healthauthority may, before the expiration of the period of 72 hours set forth in subsection2, petition, with affidavits supporting its request, a district court for anorder finding that a reasonably foreseeable immediate threat to the health ofthe public requires the 72-hour period of time to be extended for no longerthan the court deems necessary for available governmental resources toinvestigate, file and prosecute the relevant written petitions for involuntarycourt-ordered isolation or quarantine pursuant to NRS 441A.500 to 441A.720, inclusive.

(Added to NRS by 2003, 2198)

NRS 441A.560 Procedurefor isolation or quarantine.

1. An application to a health authority for an orderof emergency isolation or quarantine of a person or a group of persons allegedto have been infected with or exposed to a communicable disease may only bemade by another health authority, a physician, a licensed physician assistant,a registered nurse or a medical facility by submitting the certificate requiredby NRS 441A.570. Within itsjurisdiction, upon application or on its own, subject to the provisions of NRS 441A.500 to 441A.720, inclusive, a health authoritymay:

(a) Pursuant to its own order and without a warrant:

(1) Take a person or group of persons alleged toand reasonably believed by the health authority to have been infected with orexposed to a communicable disease into custody in any safe location underemergency isolation or quarantine for testing, examination, observation and theprovision of or arrangement for the provision of consensual medical treatment;and

(2) Transport the person or group of personsalleged to and reasonably believed by the health authority to have beeninfected with or exposed to a communicable disease to a public or privatemedical facility, a residence or other safe location for that purpose, orarrange for the person or group of persons to be transported for that purposeby:

(I) A local law enforcement agency;

(II) A system for the nonemergency medicaltransportation of persons whose operation is authorized by the TransportationServices Authority; or

(III) If medically necessary, an ambulanceservice that holds a permit issued pursuant to the provisions of chapter 450B of NRS,

only if thehealth authority acting in good faith has, based upon personal observation, itsown epidemiological investigation or an epidemiological investigation byanother health authority, a physician, a licensed physician assistant or aregistered nurse as stated in a certificate submitted pursuant to NRS 441A.570, if such a certificate wassubmitted, of the person or group of persons alleged to have been infected withor exposed to a communicable disease, a reasonable factual and medical basis tobelieve that the person or group of persons has been infected with or exposedto a communicable disease, and that because of the risks of that disease, theperson or group of persons is likely to be an immediate threat to the health ofmembers of the public who have not been infected with or exposed to thecommunicable disease.

(b) Petition a district court for an emergency orderrequiring:

(1) Any health authority or peace officer totake a person or group of persons alleged to have been infected with or exposedto a communicable disease into custody to allow the health authority toinvestigate, file and prosecute a petition for the involuntary court-orderedisolation or quarantine of the person or group of persons alleged to have beeninfected with or exposed to a communicable disease in the manner set forth in NRS 441A.500 to 441A.720, inclusive; and

(2) Any agency, system or service described insubparagraph (2) of paragraph (a) to transport, in accordance with such courtorder, the person or group of persons alleged to have been infected with orexposed to a communicable disease to a public or private medical facility, aresidence or other safe location for that purpose.

2. The district court may issue an emergency order forisolation or quarantine pursuant to paragraph (b) of subsection 1:

(a) Only for the time deemed necessary by the court toallow a health authority to investigate, file and prosecute each petition forinvoluntary court-ordered isolation or quarantine pursuant to NRS 441A.500 to 441A.720, inclusive; and

(b) Only if it is satisfied that there is probablecause to believe that the person or group of persons alleged to have beeninfected with or exposed to a communicable disease has been infected with orexposed to a communicable disease, and that because of the risks of thatdisease, the person or group of persons is likely to be an immediate threat tothe health of the public.

(Added to NRS by 2003, 2198)

NRS 441A.570 Certificateof another health authority or physician, licensed physician assistant orregistered nurse required. A health authorityshall not accept an application for an emergency isolation or quarantine under NRS 441A.560 unless that application isaccompanied by a certificate of another health authority or a physician,licensed physician assistant or registered nurse stating that he has examinedthe person or group of persons alleged to have been infected with or exposed toa communicable disease or has investigated the circumstances of potentialinfection or exposure regarding the person or group of persons alleged to havebeen infected with or exposed to a communicable disease and that he hasconcluded that the person or group of persons has been infected with or exposedto a communicable disease, and that because of the risks of that disease, theperson or group of persons is likely to be an immediate threat to the health ofthe public. The certificate required by this section may be obtained from aphysician, licensed physician assistant or registered nurse who is employed bythe public or private medical facility in which the person or group of personsis admitted or detained and from the facility from which the application ismade.

(Added to NRS by 2003, 2200)

NRS 441A.580 Requirementsfor and limitations on applications and certificates.

1. No application or certificate authorized under NRS 441A.560 or 441A.570 may be considered if made by aperson on behalf of a medical facility or by a health authority, physician,licensed physician assistant or registered nurse who is related by blood ormarriage to the person alleged to have been infected with or exposed to acommunicable disease, or who is financially interested, in a manner that wouldbe prohibited pursuant to NRS 439B.425if the application or certificate were deemed a referral, in a medical facilityin which the person alleged to have been infected with or exposed to acommunicable disease is to be detained.

2. No application or certificate of any healthauthority or person authorized under NRS441A.560 or 441A.570 may beconsidered unless it is based on personal observation, examination orepidemiological investigation of the person or group of persons alleged to havebeen infected with or exposed to a communicable disease made by such healthauthority or person not more than 72 hours before the making of the applicationor certificate. The certificate must set forth in detail the facts and reasonson which the health authority or person who submitted the certificate pursuantto NRS 441A.570 based his opinions andconclusions.

(Added to NRS by 2003, 2200)

NRS 441A.590 Additionalnotice to spouse or legal guardian. Inaddition to any notice required pursuant to NRS441A.520, within 24 hours after a persons involuntary admission into apublic or private medical facility under emergency isolation or quarantine, theadministrative officer of the public or private medical facility shallreasonably attempt to ascertain the identification and location of the spouseor legal guardian of that person and, if reasonably possible, mail notice ofthe admission by certified mail to the spouse or legal guardian of that person.

(Added to NRS by 2003, 2200)

Involuntary Court-Ordered Isolation or Quarantine

NRS 441A.600 Petition:Filing; certificate or statement of alleged infection with or exposure tocommunicable disease. A proceeding for aninvoluntary court-ordered isolation or quarantine of any person in this statemay be commenced by a health authority filing a petition with the clerk of thedistrict court of the county where the person is to be isolated or quarantined.The petition may be pled in the alternative for both isolation and quarantine,if required by developing or changing facts, and must be accompanied:

1. By a certificate of a health authority or aphysician, a licensed physician assistant or a registered nurse stating that hehas examined the person alleged to have been infected with or exposed to acommunicable disease or has investigated the circumstances of potentialinfection or exposure regarding the person alleged to have been infected withor exposed to a communicable disease and has concluded that the person has beeninfected with or exposed to a communicable disease, and that because of therisks of that disease, the person is likely to be an immediate threat to thehealth of the public; or

2. By a sworn written statement by the healthauthority that:

(a) The health authority has, based upon its personal observationof the person alleged to have been infected with or exposed to a communicabledisease, or its epidemiological investigation of the circumstances of potentialinfection or exposure regarding the person alleged to have been infected withor exposed to a communicable disease, a reasonable factual and medical basis tobelieve that the person has been infected with or exposed to a communicabledisease and, that because of the risks of that disease, the person is likely tobe an immediate threat to the health of the public; and

(b) The person alleged to have been infected with orexposed to a communicable disease has refused to submit to voluntary isolationor quarantine, examination, testing, or treatment known to control or resolvethe transmission of the communicable disease.

(Added to NRS by 2003, 2200)

NRS 441A.610 Requirementsof petition that is filed after emergency isolation or quarantine. In addition to the requirements of NRS 441A.600, a petition filed pursuantto that section with the clerk of the district court to commence proceedingsfor involuntary court-ordered isolation or quarantine of a person pursuant to NRS 441A.540 or 441A.550 must include a certified copyof:

1. If an application for an order of emergencyisolation or quarantine of the person was made pursuant to NRS 441A.560, the application for theemergency isolation or quarantine of the person made to the petitioning healthauthority pursuant to NRS 441A.560;and

2. A petition executed by a health authority,including, without limitation, a sworn statement that:

(a) The health authority or a physician, licensedphysician assistant or registered nurse who submitted a certificate pursuant toNRS 441A.570, if such a certificatewas submitted, has examined the person alleged to have been infected with or exposedto a communicable disease;

(b) In the opinion of the health authority, there is areasonable degree of certainty that the person alleged to have been infectedwith or exposed to a communicable disease is currently capable of transmitting thedisease, or is likely to become capable of transmitting the disease in the nearfuture;

(c) Based on either the health authoritys personalobservation of the person alleged to have been infected with or exposed to thecommunicable disease or the health authoritys epidemiological investigation ofthe circumstances of potential infection or exposure regarding the personalleged to have been infected with or exposed to the communicable disease, andon other facts set forth in the petition, the person likely poses an immediatethreat to the health of the public; and

(d) In the opinion of the health authority, involuntaryisolation or quarantine of the person alleged to have been infected with orexposed to a communicable disease to a public or private medical facility,residence or other safe location is necessary to prevent the person fromimmediately threatening the health of the public.

(Added to NRS by 2003, 2201)

NRS 441A.620 Hearingon petition; notice; release of person before hearing.

1. Immediately after he receives any petition filedpursuant to NRS 441A.600 or 441A.610, the clerk of the district courtshall transmit the petition to the appropriate district judge, who shall set atime, date and place for its hearing. The date must be within 5 judicial daysafter the date on which the petition is received by the clerk.

2. The court shall give notice of the petition and ofthe time, date and place of any proceedings thereon to the subject of thepetition, his attorney, if known, the petitioner and the administrative officeof any public or private medical facility in which the subject of the petitionis detained.

3. The provisions of this section do not preclude ahealth authority from ordering the release from isolation or quarantine of aperson before the time set pursuant to this section for the hearing concerningthe person, if appropriate.

4. After the filing of a petition pursuant to NRS 441A.600 or 441A.610 and before any court-orderedinvoluntary isolation or quarantine, a health authority shall file notice withthe court of any order of the health authority issued after the petition wasfiled to release the person from emergency isolation or quarantine, upon whichthe court may dismiss the petition without prejudice.

(Added to NRS by 2003, 2202)

NRS 441A.630 Examinationof person alleged to be infected with or exposed to communicable disease;protective custody pending hearing.

1. After the filing of a petition to commenceproceedings for the involuntary court-ordered isolation or quarantine of aperson pursuant to NRS 441A.600 or 441A.610, the court shall promptly causetwo or more physicians or licensed physician assistants, at least one of whommust always be a physician, to either examine the person alleged to have beeninfected with or exposed to a communicable disease or assess the likelihoodthat the person alleged to have been infected with or exposed to a communicabledisease has been so infected or exposed.

2. To conduct the examination or assessment of aperson who is not being detained at a public or private medical facility,residence or other safe location under emergency isolation or quarantinepursuant to the emergency order of a health authority or court made pursuant toNRS 441A.550 or 441A.560, the court may order a peaceofficer to take the person into protective custody and transport him to apublic or private medical facility, residence or other safe location where hemay be detained until a hearing is held upon the petition.

3. If the person is being detained at his home orother place of residence under an emergency order of a health authority orcourt pursuant to NRS 441A.550 or 441A.560, he may be allowed to remain inhis home or other place of residence pending an ordered assessment, examinationor examinations and to return to his home or other place of residence uponcompletion of the assessment, examination or examinations if such remaining orreturning would not constitute an immediate threat to others residing in hishome or place of residence.

4. Each physician and licensed physician assistant whoexamines or assesses a person pursuant to subsection 1 shall, not later than 24hours before the hearing set pursuant to NRS441A.620, submit to the court in writing a summary of his findings andevaluation regarding the person alleged to have been infected with or exposedto a communicable disease.

(Added to NRS by 2003, 2202)

NRS 441A.640 Evaluationteams: Establishment; composition; fees.

1. The Health Division shall establish such evaluationteams as are necessary to aid the courts under NRS 441A.630 and 441A.700.

2. Each team must be composed of at least twophysicians, or at least one physician and one physician assistant.

3. Fees for the evaluations must be established andcollected as set forth in NRS 441A.650.

(Added to NRS by 2003, 2203)

NRS 441A.650 Proceedingsheld in county where persons to conduct examination are available; expense ofproceedings paid by county.

1. In counties where the examining personnel requiredpursuant to NRS 441A.630 are notavailable, proceedings for involuntary court-ordered isolation or quarantineshall be conducted in the nearest county having such examining personnelavailable in order that there be minimum delay.

2. The entire expense of proceedings for involuntarycourt-ordered isolation or quarantine shall be paid by the county in which theapplication is filed.

(Added to NRS by 2003, 2203)

NRS 441A.660 Rightto counsel; compensation of counsel; recess; duties of district attorney.

1. The person alleged to have been infected with orexposed to a communicable disease, or any relative or friend on his behalf, isentitled to retain counsel to represent him in any proceeding before thedistrict court relating to involuntary court-ordered isolation or quarantine,and if he fails or refuses to obtain counsel, the court shall advise him andhis guardian or next of kin, if known, of the right to counsel and shallappoint counsel, who may be the public defender or his deputy.

2. Any counsel appointed pursuant to subsection 1 mustbe awarded compensation by the court for his services in an amount determined bythe court to be fair and reasonable. Except as otherwise provided in thissubsection, the compensation must be charged against the estate of the personfor whom the counsel was appointed or, if the person is indigent, against thecounty in which the application for involuntary court-ordered isolation orquarantine was filed. In any proceeding before the district court relating toinvoluntary court-ordered isolation or quarantine, if the person for whomcounsel was appointed is challenging his isolation or quarantine or any conditionof his isolation or quarantine and the person succeeds in his challenge, the compensationmust be charged against the county in which the application for involuntarycourt-ordered isolation or quarantine was filed.

3. The court shall, at the request of counselrepresenting the person alleged to have been infected with or exposed to acommunicable disease in proceedings before the court relating to involuntarycourt-ordered isolation or quarantine, grant a recess in the proceedings forthe shortest time possible, but for not more than 5 days, to give the counselan opportunity to prepare his case.

4. Each district attorney or his deputy shall appearand represent the State in all involuntary court-ordered isolation or quarantineproceedings in his county. The district attorney is responsible for thepresentation of evidence, if any, in support of the involuntary court-orderedisolation or quarantine of a person to a medical facility, residence or othersafe location in proceedings held pursuant to NRS 441A.600 or 441A.610.

(Added to NRS by 2003, 2203)

NRS 441A.670 Testimony. In proceedings for involuntary court-ordered isolation orquarantine, the court shall hear and consider all relevant testimony, including,but not limited to, the testimony of examining personnel who participated inthe evaluation of the person alleged to have been infected with or exposed to acommunicable disease and the certificates, if any, of a health authority or aphysician, licensed physician assistant or registered nurse accompanying thepetition.

(Added to NRS by 2003, 2203)

NRS 441A.680 Rightof person alleged to be infected with or exposed to communicable disease to bepresent by telephonic conferencing or videoconferencing and to testify.

1. In proceedings for an involuntary court-orderedisolation or quarantine, the person with respect to whom the proceedings areheld has the right:

(a) To be present by live telephonic conferencing orvideoconferencing; and

(b) To testify in his own behalf, to the extent thatthe court determines he is able to do so without endangering the health ofothers.

2. A person who is alleged to have been infected withor exposed to a communicable disease does not have the right to be physicallypresent during the proceedings if such person, if present in the courtroom,would likely pose an immediate threat to the health of the judge or the staffor officers of the court.

(Added to NRS by 2003, 2204)

NRS 441A.690 Feesand mileage for witnesses. Witnessessubpoenaed under the provisions of NRS441A.500 to 441A.720, inclusive,shall be paid the same fees and mileage as are paid to witnesses in the courtsof the State of Nevada.

(Added to NRS by 2003, 2204)

NRS 441A.700 Findingsand order; expiration and renewal of isolation or quarantine; alternativecourses of treatment.

1. If the district court finds, after proceedings forthe involuntary court-ordered isolation or quarantine of a person to a publicor private medical facility, residence or other safe location:

(a) That there is not clear and convincing evidencethat the person with respect to whom the hearing was held has been infectedwith or exposed to a communicable disease or is likely to be an immediatethreat to the health of the public, the court shall enter its finding to thateffect and the person must not be involuntarily detained in such a facility,residence or other safe location.

(b) That there is clear and convincing evidence thatthe person with respect to whom the hearing was held has been infected with orexposed to a communicable disease and, because of that disease, is likely to bean immediate threat to the health of the public, the court may order theinvoluntary isolation or quarantine of the person and may order the mostappropriate course of treatment after considering the rights of the person andthe desires of the person concerning treatment and vaccination, including,without limitation, the tenets of the persons religion and the tenets of anygroup or organization of which the person is a member, the rights set forth in NRS 441A.210, the rights set forth in NRS 441A.520, the right to counsel setforth in NRS 441A.660, and the rightof a person to challenge his isolation or quarantine or any condition of hisisolation or quarantine. The order of the court must be interlocutory and mustnot become final if, within 14 days after the court orders the involuntaryisolation or quarantine, the person is unconditionally released by a healthauthority from the medical facility, residence or other safe location.

2. An involuntary isolation or quarantine pursuant toparagraph (b) of subsection 1 automatically expires at the end of 30 days ifnot terminated previously by a health authority. At the end of thecourt-ordered period of isolation or quarantine, the health authority maypetition to renew the detention of the person for additional periods which eachmust not exceed the shorter of 120 days or either, if the person is isolated,the period of time which the health authority expects the person will be infectiouswith the communicable disease or, if the person is quarantined, the period oftime which the health authority determines is necessary to determine whetherthe person has been infected with the communicable disease. For each renewal,the petition must set forth to the court specific reasons why further isolationor quarantine is appropriate and that the person likely poses an ongoingimmediate threat to the health of the public. If the court finds in consideringa petition for renewal that the person is noncompliant with a court-orderedmeasure to control or resolve the risk of transmitting the communicabledisease, it may order the continued isolation and treatment of the person forany period of time the court deems necessary to resolve the immediate andongoing risk of the person transmitting the disease.

3. Before issuing an order for involuntary isolationor quarantine or a renewal thereof, the court shall explore other alternativecourses of isolation, quarantine and treatment within the least restrictiveappropriate environment as suggested by the evaluation team who evaluated theperson, or other persons professionally qualified in the field of communicablediseases, which the court believes may be in the best interests of the person.

(Added to NRS by 2003, 2204)

NRS 441A.710 Clinicalabstract to accompany order. The order forinvoluntary court isolation or quarantine of any person to a medical facility,public or private, must be accompanied by a clinical abstract, including ahistory of illness, diagnosis and treatment, and the names of relatives orcorrespondents.

(Added to NRS by 2003, 2205)

NRS 441A.720 Transportationto public or private medical facility, residence or other safe location. When any involuntary court isolation or quarantine isordered under the provisions of NRS441A.500 to 441A.720, inclusive,the involuntarily isolated or quarantined person, together with the court orders,any certificates of the health authorities, physicians, licensed physicianassistants or registered nurses, the written summary of the evaluation team anda full and complete transcript of the notes of the official reporter made atthe examination of such person before the court, must be delivered to thesheriff of the appropriate county who must be ordered to:

1. Transport the person; or

2. Arrange for the person to be transported by:

(a) A system for the nonemergency medicaltransportation of persons whose operation is authorized by the TransportationServices Authority; or

(b) If medically necessary, an ambulance service thatholds a permit issued pursuant to the provisions of chapter 450B of NRS,

to theappropriate public or private medical facility, residence or other safe location.

(Added to NRS by 2003, 2205)

ENFORCEMENT

NRS 441A.900 Injunction:Grounds; responsibility for prosecution; authority of court.

1. A person who refuses to:

(a) Comply with any regulation of the Board relating tothe control of a communicable disease;

(b) Comply with any provision of this chapter;

(c) Submit to approved treatment or examinationrequired or authorized by this chapter;

(d) Provide any information required by this chapter;or

(e) Perform any duty imposed by this chapter,

may beenjoined by a court of competent jurisdiction.

2. An action for an injunction pursuant to thissection must be prosecuted by the Attorney General, any district attorney orany private legal counsel retained by a local board of health in the name ofand upon the complaint of the health authority.

3. The court in which an injunction is sought may makeany order reasonably necessary to carry out the purpose or intent of anyprovision of this chapter or to compel compliance with any regulation of theBoard or order of the health authority relating to the control of a communicabledisease.

(Added to NRS by 1989, 299)(Substituted in revisionfor NRS 441A.420)

NRS 441A.910 Criminalpenalty for violation of chapter. Except as otherwiseprovided, every person who violates any provision of this chapter is guilty ofa misdemeanor.

(Added to NRS by 1989, 300)(Substituted in revisionfor NRS 441A.430)

NRS 441A.920 Criminalpenalty and administrative fine for failure to comply with regulations orrequirements of chapter. Every provider ofhealth care, medical facility or medical laboratory that willfully fails,neglects or refuses to comply with any regulation of the Board relating to thereporting of a communicable disease or any requirement of this chapter isguilty of a misdemeanor and, in addition, may be subject to an administrativefine of $1,000 for each violation, as determined by the Board.

(Added to NRS by 1989, 300)(Substituted in revisionfor NRS 441A.440)

NRS 441A.930 Districtattorney to prosecute violators. The districtattorney of the county in which any violation of this chapter occurs shallprosecute the person responsible for the violation.

(Added to NRS by 1989, 300)(Substituted in revisionfor NRS 441A.450)

 

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