2005 Nevada Revised Statutes - Chapter 629 — Healing Arts Generally
CHAPTER 629 - HEALING ARTS GENERALLY
GENERAL PROVISIONS
NRS 629.011 Definitions.
NRS 629.021 Healthcare records defined.
NRS 629.031 Providerof health care defined.
NRS 629.041 Providerof health care to report persons having certain injuries.
NRS 629.045 Providerof health care to report persons having certain burns.
NRS 629.051 Healthcare records: Retention.
NRS 629.061 Healthcare records: Inspection; copies; use in public hearing; immunity of certainpersons from civil action for disclosure.
NRS 629.065 Healthcare records relating to test of blood, breath or urine: Availability todistrict attorney and agencies of law enforcement; use as evidence; immunity ofcertain persons from civil action for disclosure.
NRS 629.068 Providerof health care to provide Department of Corrections with health care records ofoffender; authorized use of health care records of offender; immunity fromcivil liability.
NRS 629.069 Providerof health care to disclose results of tests for certain contagious diseases toperson tested and to certain officers, medical attendants and firefighters whomay have been infected by person tested.
NRS 629.071 Providerof health care required to furnish patient with itemized bill.
NRS 629.081 Conditionsunder which person who observes rendering of care by practitioner of healingart is immune from civil action.
NRS 629.091 Personalassistant authorized to perform certain services for person with disability ifapproved by provider of health care; requirements.
NRS 629.095 Commissionerof Insurance to develop standardized form for use by insurers and otherentities to obtain information related to credentials of certain providers ofhealth care.
GENETIC INFORMATION
NRS 629.101 Definitions.
NRS 629.111 Geneticinformation defined.
NRS 629.121 Genetictest defined.
NRS 629.131 Applicability.
NRS 629.141 Rightto inspect or obtain.
NRS 629.151 Obtaininggenetic information of person without consent unlawful; exceptions.
NRS 629.161 Retentionof genetic information of person without consent unlawful; exceptions;destruction of genetic information.
NRS 629.171 Disclosureof genetic information of person without consent unlawful; exceptions.
NRS 629.181 Procedurefor obtaining consent of person.
NRS 629.191 Penalty.
NRS 629.201 Rightto bring civil action.
_________
GENERAL PROVISIONS
NRS
(Added to NRS by 1977, 1313)
NRS
(Added to NRS by 1977, 1313; A 1993, 916)
NRS
1. Provider of health care means a physicianlicensed pursuant to chapter 630,
2. For the purposes of
(Added to NRS by 1977, 1313; A 1983, 1492; 1987,2123; 1991, 1126; 1993, 2217; 1995, 1792; 1997, 679;
NRS
(Added to NRS by 1977, 239)
NRS
1. Every provider of health care to whom any personcomes or is brought for the treatment of:
(a) Second or third degree burns to 5 percent or moreof his body;
(b) Burns to his upper respiratory tract or laryngealedema resulting from the inhalation of heated air; or
(c) Burns which may result in death,
shallpromptly report that information to the appropriate local fire department.
2. The report required by subsection 1 must include:
(a) The name and address of the person treated, ifknown;
(b) The location of the person treated; and
(c) The character and extent of his injuries.
3. A person required to make a report pursuant tosubsection 1 shall, within 3 working days after treating the person, submit awritten report to:
(a) The appropriate local fire department in countieswhose population is 40,000 or more; or
(b) The State Fire Marshal in counties whose populationis less than 40,000.
The reportmust be on a form provided by the State Fire Marshal.
4. A provider of health care, his agents and employeesare immune from any civil action for any disclosures made in good faith inaccordance with the provisions of this section or any consequential damages.
(Added to NRS by 1991, 1896; A
NRS
(Added to NRS by 1977, 1313; A 1993, 916; 1997, 1123)
NRS
1. Each provider of health care shall make the healthcare records of a patient available for physical inspection by:
(a) The patient or a representative with writtenauthorization from the patient;
(b) The personal representative of the estate of adeceased patient;
(c) Any trustee of a living trust created by a deceasedpatient;
(d) The parent or guardian of a deceased patient whodied before reaching the age of majority;
(e) An investigator for the Attorney General or a grandjury investigating an alleged violation of NRS200.495, 200.5091 to
(f) An investigator for the Attorney Generalinvestigating an alleged violation of NRS616D.200, 616D.220,
(g) Any authorized representative or investigator of astate licensing board during the course of any investigation authorized by law.
The recordsmust be made available at a place within the depository convenient for physicalinspection, and inspection must be permitted at all reasonable office hours andfor a reasonable length of time. If the records are located outside this State,the provider shall make any records requested pursuant to this sectionavailable in this State for inspection within 10 working days after therequest.
2. Except as otherwise provided in subsection 3, theprovider of health care shall also furnish a copy of the records to each persondescribed in subsection 1 who requests it and pays the actual cost of postage,if any, the costs of making the copy, not to exceed 60 cents per page forphotocopies and a reasonable cost for copies of X-ray photographs and otherhealth care records produced by similar processes. No administrative fee oradditional service fee of any kind may be charged for furnishing such a copy.
3. The provider of health care shall also furnish acopy of any records that are necessary to support a claim or appeal under anyprovision of the Social Security Act, 42 U.S.C. 301 et seq., or under anyfederal or state financial needs-based benefit program, without charge, to apatient, or a representative with written authorization from the patient, whorequests it, if the request is accompanied by documentation of the claim orappeal. A copying fee, not to exceed 60 cents per page for photocopies and areasonable cost for copies of X-ray photographs and other health care recordsproduced by similar processes, may be charged by the provider of health carefor furnishing a second copy of the records to support the same claim orappeal. No administrative fee or additional service fee of any kind may becharged for furnishing such a copy. The provider of health care shall furnishthe copy of the records requested pursuant to this subsection within 30 daysafter the date of receipt of the request, and the provider of health care shallnot deny the furnishing of a copy of the records pursuant to this subsectionsolely because the patient is unable to pay the fees established in thissubsection.
4. Each person who owns or operates an ambulance inthis State shall make his records regarding a sick or injured patient availablefor physical inspection by:
(a) The patient or a representative with writtenauthorization from the patient;
(b) The personal representative of the estate of adeceased patient;
(c) Any trustee of a living trust created by a deceasedpatient;
(d) The parent or guardian of a deceased patient whodied before reaching the age of majority; or
(e) Any authorized representative or investigator of astate licensing board during the course of any investigation authorized by law.
The recordsmust be made available at a place within the depository convenient for physicalinspection, and inspection must be permitted at all reasonable office hours andfor a reasonable length of time. The person who owns or operates an ambulanceshall also furnish a copy of the records to each person described in this subsectionwho requests it and pays the actual cost of postage, if any, and the costs ofmaking the copy, not to exceed 60 cents per page for photocopies. Noadministrative fee or additional service fee of any kind may be charged forfurnishing a copy of the records.
5. Records made available to a representative orinvestigator must not be used at any public hearing unless:
(a) The patient named in the records has consented inwriting to their use; or
(b) Appropriate procedures are utilized to protect theidentity of the patient from public disclosure.
6. Subsection 5 does not prohibit:
(a) A state licensing board from providing to aprovider of health care or owner or operator of an ambulance against whom acomplaint or written allegation has been filed, or to his attorney, informationon the identity of a patient whose records may be used in a public hearingrelating to the complaint or allegation, but the provider of health care orowner or operator of an ambulance and his attorney shall keep the informationconfidential.
(b) The Attorney General from using health care recordsin the course of a civil or criminal action against the patient or provider ofhealth care.
7. A provider of health care or owner or operator ofan ambulance, his agents and employees are immune from any civil action for anydisclosures made in accordance with the provisions of this section or anyconsequential damages.
8. For the purposes of this section:
(a) Guardian means a person who has qualified as theguardian of a minor pursuant to testamentary or judicial appointment, but doesnot include a guardian ad litem.
(b) Living trust means an inter vivos trust createdby a natural person:
(1) Which was revocable by the person during thelifetime of the person; and
(2) Who was one of the beneficiaries of thetrust during the lifetime of the person.
(c) Parent means a natural or adoptive parent whoseparental rights have not been terminated.
(d) Personal representative has the meaning ascribedto it in NRS 132.265.
(Added to NRS by 1977, 1313; A 1985, 2246; 1987, 728,1040; 1989, 2049; 1991, 1055, 1947; 1993, 781; 1995, 1879;
NRS
1. Each provider of health care shall, upon request,make available to a law enforcement agent or district attorney the health carerecords of a patient which relate to a test of his blood, breath or urine if:
(a) The patient is suspected of having violated
(b) The records would aid in the related investigation.
To theextent possible, the provider of health care shall limit the inspection to theportions of the records which pertain to the presence of alcohol or acontrolled substance, chemical, poison, organic solvent or another prohibitedsubstance in the blood, breath or urine of the patient.
2. The records must be made available at a placewithin the depository convenient for physical inspection. Inspection must bepermitted at all reasonable office hours and for a reasonable length of time.The provider of health care shall also furnish a copy of the records to eachlaw enforcement agent or district attorney described in subsection 1 whorequests the copy and pays the costs of reproducing the copy.
3. Records made available pursuant to this section maybe presented as evidence during a related administrative or criminal proceedingagainst the patient.
4. A provider of health care and his agents andemployees are immune from any civil action for any disclosures made inaccordance with the provisions of this section or any consequential damages.
5. As used in this section, prohibited substance hasthe meaning ascribed to it in NRS 484.1245.
(Added to NRS by 1989, 182; A 1997, 334;
NRS
1. A provider of health care shall, upon request ofthe Director of the Department of Corrections or his designee, provide theDepartment of Corrections with a complete copy of the health care records of anoffender confined at the state prison.
2. Records provided to the Department of Correctionsmust not be used at any public hearing unless:
(a) The offender named in the records has consented inwriting to their use; or
(b) Appropriate procedures are utilized to protect theidentity of the offender from public disclosure.
3. A provider of health care and an agent or employee ofa provider of health care are immune from civil liability for a disclosure madein accordance with the provisions of this section.
(Added to NRS by 1997, 3191; A
NRS
1. A provider of health care shall disclose theresults of all tests performed pursuant to NRS441A.195 to:
(a) The person who was tested;
(b) The law enforcement officer, correctional officer,emergency medical attendant, firefighter or other person who is employed by anagency of criminal justice who filed the petition or on whose behalf thepetition was filed pursuant to NRS441A.195;
(c) The designated health care officer for the employerof the person described in paragraph (b) or, if there is no designated healthcare officer, the person designated by the employer to document and verifypossible exposure to contagious diseases; and
(d) If the person who was tested is incarcerated ordetained, the person in charge of the facility in which the person isincarcerated or detained and the chief medical officer of the facility in whichthe person is incarcerated or detained, if any.
2. A provider of health care and an agent or employeeof a provider of health care are immune from civil liability for a disclosuremade in accordance with the provisions of this section.
(Added to NRS by
NRS
(Added to NRS by 1985, 906)
NRS
(Added to NRS by 1985, 1891)
NRS
1. Except as otherwise provided in subsection 4, aprovider of health care may authorize a person to act as a personal assistantto perform specific medical, nursing or home health care services for a personwith a disability without obtaining any license required for a provider ofhealth care or his assistant to perform the service if:
(a) The services to be performed are services that aperson without a disability usually and customarily would personally performwithout the assistance of a provider of health care;
(b) The provider of health care determines that thepersonal assistant has the knowledge, skill and ability to perform the servicescompetently;
(c) The provider of health care determines that theprocedures involved in providing the services are simple and the performance ofsuch procedures by the personal assistant does not pose a substantial risk tothe person with a disability;
(d) The provider of health care determines that thecondition of the person with a disability is stable and predictable; and
(e) The personal assistant agrees with the provider ofhealth care to refer the person with a disability to the provider of healthcare if:
(1) The condition of the person with adisability changes or a new medical condition develops;
(2) The progress or condition of the person witha disability after the provision of the service is different than expected;
(3) An emergency situation develops; or
(4) Any other situation described by theprovider of health care develops.
2. A provider of health care that authorizes apersonal assistant to perform certain services shall note in the medicalrecords of the person with a disability who receives such services:
(a) The specific services that he has authorized thepersonal assistant to perform; and
(b) That the requirements of this section have beensatisfied.
3. After a provider of health care has authorized apersonal assistant to perform specific services for a person with a disability,no further authorization or supervision by the provider is required for thecontinued provision of those services.
4. A personal assistant shall not:
(a) Perform services pursuant to this section for aperson with a disability who resides in a medical facility.
(b) Perform any medical, nursing or home health careservice for a person with a disability which is not specifically authorized bya provider of health care pursuant to subsection 1.
(c) Except if the services are provided in aneducational setting, perform services for a person with a disability in theabsence of the parent or guardian of, or any other person legally responsiblefor, the person with a disability, if the person with a disability is not ableto direct his own services.
5. A provider of health care who determines in goodfaith that a personal assistant has complied with and meets the requirements ofthis section is not liable for civil damages as a result of any act oromission, not amounting to gross negligence, committed by him in making such adetermination and is not liable for any act or omission of the personalassistant.
6. As used in this section:
(a) Guardian means a person who has qualified as theguardian of a minor or an adult pursuant to testamentary or judicialappointment, but does not include a guardian ad litem.
(b) Parent means a natural or adoptive parent whoseparental rights have not been terminated.
(c) Personal assistant means a person who, forcompensation and under the direction of:
(1) A person with a disability;
(2) A parent or guardian of, or any other personlegally responsible for, a person with a disability who is under the age of 18years; or
(3) A parent, spouse, guardian or adult child ofa person with a disability who suffers from a cognitive impairment,
performsservices for the person with a disability to help him maintain his independence,personal hygiene and safety.
(d) Provider of health care means a physicianlicensed pursuant to chapter 630,
(Added to NRS by 1995, 749; A
NRS
1. Except as otherwise provided in subsection 2, theCommissioner of Insurance shall develop, prescribe for use and make available asingle, standardized form for use by insurers, carriers, societies,corporations, health maintenance organizations and managed care organizationsin obtaining any information related to the credentials of a provider of healthcare.
2. The provisions of subsection 1 do not prohibit theCommissioner of Insurance from developing, prescribing for use and makingavailable:
(a) Appropriate variations of the form described inthat subsection for use in different geographical regions of this State.
(b) Addenda or supplements to the form described inthat subsection to address, until such time as a new form may be developed,prescribed for use and made available, any requirements newly imposed by theFederal Government, the State or one of its agencies, or a body that accreditshospitals, medical facilities or health care plans.
3. With respect to the form described in subsection 1,the Commissioner of Insurance shall:
(a) Hold public hearings to seek input regarding thedevelopment of the form;
(b) Develop the form in consideration of the inputreceived pursuant to paragraph (a);
(c) Ensure that the form is developed in such a manneras to accommodate and reflect the different types of credentials applicable todifferent classes of providers of health care;
(d) Ensure that the form is developed in such a manneras to reflect standards of accreditation adopted by national organizationswhich accredit hospitals, medical facilities and health care plans; and
(e) Ensure that the form is developed to be usedefficiently and is developed to be neither unduly long nor unduly voluminous.
4. As used in this section:
(a) Carrier has the meaning ascribed to it in
(b) Corporation means a corporation operatingpursuant to the provisions of chapter 695Bof NRS.
(c) Health maintenance organization has the meaningascribed to it in NRS 695C.030.
(d) Insurer means:
(1) An insurer that issues policies ofindividual health insurance in accordance with chapter689A of NRS; and
(2) An insurer that issues policies of grouphealth insurance in accordance with chapter 689Bof NRS.
(e) Managed care organization has the meaningascribed to it in NRS 695G.050.
(f) Provider of health care means a provider ofhealth care who is licensed pursuant to chapter630, 631, 632or 633 of NRS.
(g) Society has the meaning ascribed to it in
(Added to NRS by
GENETIC INFORMATION
NRS
(Added to NRS by 1997, 1463)
NRS
(Added to NRS by 1997, 1463)
NRS
1. Are linked to physical or mental disorders orimpairments; or
2. Indicate a susceptibility to illness, disease,impairment or any other disorder, whether physical or mental.
(Added to NRS by 1997, 1463)
1. The provisions of NRS629.101 to 629.201, inclusive, donot apply to any action taken by an insurer or a third-party administratorrelating to a policy that provides coverage for long-term care or disabilityincome.
2. As used in this section, third-partyadministrator has the meaning ascribed to it in
(Added to NRS by 1997, 1463)
NRS
(Added to NRS by 1997, 1463)
NRS
1. By a federal, state, county or city law enforcementagency to establish the identity of a person or dead human body;
2. To determine the parentage or identity of a personpursuant to NRS 56.020;
3. To determine the paternity of a person pursuant to
4. For use in a study where the identities of thepersons from whom the genetic information is obtained are not disclosed to theperson conducting the study;
5. To determine the presence of certain preventable orinheritable disorders in an infant pursuant to
6. Pursuant to an order of a court of competentjurisdiction.
(Added to NRS by 1997, 1463; A
NRS
1. It is unlawful to retain genetic information thatidentifies a person, without first obtaining the informed consent of the personor the persons legal guardian pursuant to NRS629.181, unless retention of the genetic information is:
(a) Necessary to conduct a criminal investigation, aninvestigation concerning the death of a person or a criminal or juvenileproceeding;
(b) Authorized pursuant to an order of a court ofcompetent jurisdiction; or
(c) Necessary for a medical facility as defined in
2. A person who has authorized another person toretain his genetic information may request that person to destroy the geneticinformation. If so requested, the person who retains that genetic informationshall destroy the information, unless retention of that information is:
(a) Necessary to conduct a criminal investigation, aninvestigation concerning the death of a person or a criminal or juvenileproceeding;
(b) Authorized by an order of a court of competentjurisdiction;
(c) Necessary for a medical facility as defined in
(d) Authorized or required by state or federal law orregulation.
3. Except as otherwise provided in subsection 4 or byfederal law or regulation, a person who obtains the genetic information of aperson for use in a study shall destroy that information upon:
(a) The completion of the study;
(b) The withdrawal of the person from the study,
whicheveroccurs first.
4. A person whose genetic information is used in astudy may authorize the person who conducts the study to retain that geneticinformation after the study is completed or upon his withdrawal from the study.
(Added to NRS by 1997, 1464)
NRS
1. To conduct a criminal investigation, aninvestigation concerning the death of a person or a criminal or juvenileproceeding;
2. To determine the parentage or identity of a personpursuant to NRS 56.020;
3. To determine the paternity of a person pursuant to
4. Pursuant to an order of a court of competentjurisdiction;
5. By a physician and is the genetic information of adeceased person that will assist in the medical diagnosis of persons related tothe deceased person by blood;
6. To a federal, state, county or city law enforcementagency to establish the identity of a person or dead human body;
7. To determine the presence of certain preventable orinheritable preventable disorders in an infant pursuant to
8. To carry out the provisions of
9. By an agency of criminal justice pursuant to
(Added to NRS by 1997, 1464; A
NRS
1. Except as otherwise provided in subsection 2, theState Board of Health shall by regulation:
(a) Establish a procedure for obtaining the informedconsent of a person pursuant to NRS 629.101to 629.201, inclusive, and
(b) Prescribe a form for use in obtaining the informedconsent of a person. The form must include:
(1) Information relating to the use andconfidentiality of the genetic information of the person set forth in
(2) Any other information the State Board ofHealth may prescribe.
2. The State Board of Health is not required to adoptregulations establishing a procedure for obtaining the informed consent of aperson pursuant to NRS 629.101 to
(Added to NRS by 1997, 1465)
NRS
(Added to NRS by 1997, 1465)
NRS
(Added to NRS by 1997, 1465)
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