2005 Nevada Revised Statutes - Chapter 652 — Medical Laboratories

CHAPTER 652 - MEDICAL LABORATORIES

GENERAL PROVISIONS

NRS 652.010 Shorttitle.

NRS 652.020 Definitions.

NRS 652.030 Boarddefined.

NRS 652.035 HealthDivision defined.

NRS 652.040 Laboratorydefined.

NRS 652.050 Laboratorydirector defined.

NRS 652.060 Medicallaboratory defined.

NRS 652.070 Legislativedeclaration.

LICENSES

NRS 652.080 Licenserequired; term; renewal; inactive status; licensure of laboratory locatedoutside State.

NRS 652.090 Application:Contents.

NRS 652.093 Applicationto include social security number of applicant. [Repealed.]

NRS 652.095 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

NRS 652.095 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective on the date of therepeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings andexpires by limitation 2 years after that date.]

NRS 652.100 Fees;deposit in appropriate account; claims for expenses.

NRS 652.110 Validityand display of licenses.

POWERS AND DUTIES OF HEALTH DIVISION OF DEPARTMENT OF HEALTHAND HUMAN SERVICES AND STATE BOARD OF HEALTH

NRS 652.120 Enforcementof chapter.

NRS 652.123 Limitationson stringency of regulations adopted by Board.

NRS 652.125 Regulationsfor certification and licensure of laboratory directors and personnel;continuing education.

NRS 652.127 Requirementsto qualify for certification as assistant in laboratory.

NRS 652.130 Regulations:Advice of Medical Laboratory Advisory Committee; subjects.

NRS 652.135 Regulations:Length of time records must be retained.

NRS 652.140 Inspections;proficiency tests; reports.

NRS 652.150 Listof laboratories meeting minimum standards and qualifications.

NRS 652.155 Licensingof certain persons and laboratories without examination.

MEDICAL LABORATORY ADVISORY COMMITTEE

NRS 652.160 Creation;duties.

NRS 652.170 Appointment,terms and qualifications of members; compensation of members and employees.

REGULATION OF LABORATORIES AND LABORATORY DIRECTORS

NRS 652.180 Dutiesof laboratory director.

NRS 652.190 Examination,review and referral of specimens; reporting of results; recommendation forreview of results by physician.

NRS 652.193 Releaseof results of tests regarding patient of rural hospital.

NRS 652.195 Cytologicexamination of gynecologic specimens: Direct billing required; unlawfulpractices; exceptions.

NRS 652.200 Limitationon contents of laboratorys report.

NRS 652.210 Manipulationfor collection of specimens; authorized practices of technical personnel.

NRS 652.215 Licensedprofessional nurses: Performance of specific procedures under supervision ofState Health Officer; regulations governing performance of procedures.

NRS 652.217 Conditionsunder which licensed nurse or licensed or certified laboratory personnel mayperform certain laboratory tests.

DISCIPLINARY PROCEEDINGS

NRS 652.220 Groundsfor denial, suspension or revocation of license.

NRS 652.223 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 652.225 Hearingafter receipt of report of certain violations; regulations.

NRS 652.228 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action and orders imposing discipline deemed public records.

APPLICABILITY OF CHAPTER

NRS 652.230 Applicabilityto public and private laboratories; exceptions.

NRS 652.235 Applicabilityto laboratory operated by licensed physician solely in connection withdiagnosis or treatment of own patients; requirements.

NRS 652.240 Licensingof laboratories in operation on January 1, 1967; persons operating or employedin laboratories on January 1, 1967.

NRS 652.245 Exemptionof tests and examinations conducted by law enforcement agencies.

UNLAWFUL ACTS; PENALTIES

NRS 652.250 Publicnuisance; injunctions.

NRS 652.260 Penalties.

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GENERAL PROVISIONS

NRS 652.010 Shorttitle. This chapter may be cited as theMedical Laboratory Certification and Improvement Law.

(Added to NRS by 1967, 926)

NRS 652.020 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS652.030 to 652.060, inclusive, havethe meanings ascribed to them in those sections.

(Added to NRS by 1967, 926; A 1991, 650)

NRS 652.030 Boarddefined. Board means the State Board ofHealth.

(Added to NRS by 1967, 926)

NRS 652.035 HealthDivision defined. Health Division means theHealth Division of the Department of Health and Human Services.

(Added to NRS by 1995, 1590)

NRS 652.040 Laboratorydefined. Laboratory means any medicallaboratory.

(Added to NRS by 1967, 926)

NRS 652.050 Laboratorydirector defined. Laboratory director meansa person responsible for the administration of the technical and scientificoperation of a medical laboratory.

(Added to NRS by 1967, 926; A 1973, 660)

NRS 652.060 Medicallaboratory defined. Medical laboratorymeans any facility for microbiological, serological, immunohematological (bloodbanking), cytological, histological, chemical, hematological, biophysical,toxicological, or other methods of examination of tissues, secretions orexcretions of the human body. The term does not include a forensic laboratoryoperated by a law enforcement agency.

(Added to NRS by 1967, 926; A 1983, 599; 1993, 499)

NRS 652.070 Legislativedeclaration. The Legislature declares that:

1. The proper operation of medical laboratories withinthe State is a matter of vital concern affecting the public health, safety andwelfare.

2. The purpose of this chapter is to promote publichealth, safety and welfare by developing, establishing and enforcing:

(a) Minimum standards for the licensing of medicallaboratories;

(b) Minimum qualifications for laboratory directors andthe certification of laboratory personnel;

(c) Performance standards for laboratories; and

(d) Requirements for the retention of the health careand other regularly maintained records of laboratories.

(Added to NRS by 1967, 926; A 1997, 1123)

LICENSES

NRS 652.080 Licenserequired; term; renewal; inactive status; licensure of laboratory locatedoutside state.

1. Except as otherwise provided in NRS 652.217 and 652.235, no person may operate, conduct,issue a report from or maintain a medical laboratory without first obtaining alicense to do so issued by the Health Division pursuant to the provisions ofthis chapter.

2. A license issued pursuant to the provisions ofsubsection 1 is valid for 24 months and is renewable biennially on or beforethe date of its expiration.

3. No license may be issued to a laboratory which doesnot have a laboratory director.

4. A license may be placed in an inactive status uponthe approval of the Health Division and the payment of current fees.

5. The Health Division may require a laboratory thatis located outside of this state to be licensed in accordance with theprovisions of this chapter before the laboratory may examine any specimenscollected within this state if the Health Division determines that thelicensure is necessary to protect the public health, safety and welfare of theresidents of this state.

(Added to NRS by 1967, 926; A 1973, 660; 1975, 1162;1995, 794, 1590; 1997, 1124)

NRS 652.090 Application:Contents. An application for a license must bemade under oath on a form prescribed by the Health Division and must containthe following information:

1. The name and location of the laboratory;

2. The name of the laboratory director;

3. The name of the owner or owners of the laboratoryor, if a corporation, the names of the officers, directors and beneficialowners of 10 percent or more of its shares;

4. A description of the program and services providedby the laboratory; and

5. Such other information as the Health Division maydeem necessary or expedient to carry out its powers and duties under thischapter.

(Added to NRS by 1967, 927; A 1995, 1590)

NRS 652.093 Applicationto include social security number of applicant. Repealed.(See chapter 501, Statutesof Nevada 2005, at page 2818.)

 

NRS 652.095 Paymentof child support: Submission of certain information by applicant; grounds fordenial of license or certificate; duty of Board. [Effective until the date ofthe repeal of the federal law requiring each state to establish procedures forwithholding, suspending and restricting the professional, occupational andrecreational licenses for child support arrearages and for noncompliance withcertain processes relating to paternity or child support proceedings.]

1. In addition to any other requirements set forth inthis chapter:

(a) An applicant for the issuance of a license orcertificate issued pursuant to NRS 652.125shall include the social security number of the applicant in the applicationsubmitted to the Board.

(b) An applicant for the issuance or renewal of alicense or certificate issued pursuant to NRS652.125 shall submit to the Board the statement prescribed by the Divisionof Welfare and Supportive Services of the Department of Health and HumanServices pursuant to NRS 425.520. Thestatement must be completed and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued orrenewed by the Board pursuant to NRS 652.125if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2180; A 2005, 2796, 2807)

NRS 652.095 Payment of child support: Submissionof certain information by applicant; grounds for denial of license orcertificate; duty of Board. [Effective on the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings and expires by limitation 2 yearsafter that date.]

1. In addition to any other requirements set forth inthis chapter, an applicant for the issuance or renewal of a license orcertificate issued pursuant to NRS 652.125shall submit to the Board the statement prescribed by the Division of Welfareand Supportive Services of the Department of Health and Human Services pursuantto NRS 425.520. The statement must becompleted and signed by the applicant.

2. The Board shall include the statement requiredpursuant to subsection 1 in:

(a) The application or any other forms that must besubmitted for the issuance or renewal of the license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued orrenewed by the Board pursuant to NRS 652.125if the applicant:

(a) Fails to submit the statement required pursuant tosubsection 1; or

(b) Indicates on the statement submitted pursuant tosubsection 1 that he is subject to a court order for the support of a child andis not in compliance with the order or a plan approved by the district attorneyor other public agency enforcing the order for the repayment of the amount owedpursuant to the order.

4. If an applicant indicates on the statementsubmitted pursuant to subsection 1 that he is subject to a court order for thesupport of a child and is not in compliance with the order or a plan approvedby the district attorney or other public agency enforcing the order for therepayment of the amount owed pursuant to the order, the Board shall advise theapplicant to contact the district attorney or other public agency enforcing theorder to determine the actions that the applicant may take to satisfy the arrearage.

(Added to NRS by 1997, 2180; A 2005, 2796, 2797, 2807, effective on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings)

NRS 652.100 Fees;deposit in appropriate account; claims for expenses.

1. All applications for a license or renewal thereofmust be accompanied by a reasonable fee in an amount prescribed by the Board.All fees must be paid to the Health Division and must be deposited with theState Treasurer for credit to the appropriate account of the State Board ofHealth.

2. Claims for per diem and travel expenses and forother expenses of administration of this chapter must be paid as other claimsagainst the State are paid.

(Added to NRS by 1967, 927; A 1975, 1163; 1983, 405;1985, 446; 1995, 1590)

NRS 652.110 Validityand display of licenses.

1. A license issued pursuant to the provisions of thischapter is valid only for the laboratory premises for which it is issued andshall be prominently displayed in such laboratory.

2. Any such license shall become void 30 days after achange of laboratory directors or in the ownership or location of thelaboratory.

(Added to NRS by 1967, 927)

POWERS AND DUTIES OF HEALTH DIVISION OF DEPARTMENT OFHEALTH AND HUMAN SERVICES AND STATE BOARD OF HEALTH

NRS 652.120 Enforcementof chapter. The Health Division shall enforcethe provisions of this chapter.

(Added to NRS by 1967, 927; A 1995, 1590)

NRS 652.123 Limitationson stringency of regulations adopted by Board. Regulationsadopted by the Board pursuant to this chapter may not be more stringent thanthe provisions of Part 493 of Title 42 of the Code of Federal Regulations,except that the Board may adopt regulations which are more stringent relatingto:

1. Any laboratory test classified as a waived testpursuant to the provisions of Part 493 of Title 42 of the Code of FederalRegulations; and

2. The qualifications and duties of the personnel of amedical laboratory.

(Added to NRS by 1997, 1123)

NRS 652.125 Regulationsfor certification and licensure of laboratory directors and personnel;continuing education.

1. The Board shall adopt regulations for thecertification and licensure of laboratory directors and laboratory personnelwho perform technical duties other than the collection of blood.

2. The Health Division shall, as a prerequisite forthe renewal of a certificate or license, require the laboratory director andany laboratory personnel certified by the Health Division pursuant to thischapter to comply with the requirements for continuing education adopted by theBoard.

(Added to NRS by 1985, 549; A 1995, 1590)

NRS 652.127 Requirementsto qualify for certification as assistant in laboratory. To qualify for certification as an assistant in a medicallaboratory, a person must be a high school graduate or have a generalequivalency diploma and:

1. Must complete at least 6 months of trainingapproved by the Board and demonstrate an ability to perform laboratoryprocedures in the medical laboratory where he receives the training; or

2. Must:

(a) Complete a course of instruction that qualifies himto take an examination for certification in phlebotomy that is administered by:

(1) The American Medical Technologists;

(2) The American Society of ClinicalPathologists; or

(3) The National Certification Agency; and

(b) Pass an examination specified in paragraph (a).

(Added to NRS by 1999, 172)

NRS 652.130 Regulations:Advice of Medical Laboratory Advisory Committee; subjects. Except as otherwise provided in NRS 652.127, the Board, with the advice ofthe Medical Laboratory Advisory Committee, may prescribe and publish rules andregulations relating to:

1. The education, training and experiencequalifications of laboratory directors and technical personnel.

2. The location and construction of laboratories,including plumbing, heating, lighting, ventilation, electrical services andsimilar conditions, to ensure the conduct and operation of the laboratory in amanner which will protect the public health.

3. Sanitary conditions within the laboratory and itssurroundings, including the water supply, sewage, the handling of specimens andmatters of general hygiene, to ensure the protection of the public health.

4. The equipment essential to the proper conduct andoperation of a laboratory.

5. The determination of the accuracy of test resultsproduced by a laboratory and the establishment of minimum qualificationstherefor.

(Added to NRS by 1967, 927; A 1999, 173)

NRS 652.135 Regulations:Length of time records must be retained. TheBoard shall adopt regulations establishing the length of time that the healthcare and other regularly maintained records of a medical laboratory must beretained. The regulations must be consistent with the provisions of Part 493 ofTitle 42 of the Code of Federal Regulations.

(Added to NRS by 1997, 1123)

NRS 652.140 Inspections;proficiency tests; reports. The HealthDivision may:

1. Inspect the premises and operations oflaboratories;

2. Conduct proficiency tests to determine the accuracyof the test results of laboratories;

3. Require laboratories to submit reports to determinecompliance with the provisions of this chapter; and

4. Require that the reports submitted by a laboratory be:

(a) Made under oath;

(b) Signed by the laboratory director; or

(c) Made under oath and signed by the laboratorydirector.

(Added to NRS by 1967, 927; A 1995, 1591)

NRS 652.150 Listof laboratories meeting minimum standards and qualifications. The Health Division shall maintain a registration list ofall laboratories meeting the minimum standards and qualifications of thischapter.

(Added to NRS by 1967, 927; A 1995, 1591)

NRS 652.155 Licensingof certain persons and laboratories without examination. Notwithstanding the provisions of NRS 652.130 and 652.150, and without requiring anyexamination or any other qualification than is provided in this section, theHealth Division shall, upon application and the payment of any appropriate feebefore January 1, 1972:

1. Issue a directors license to any person whooperated a laboratory in this state for at least 3 years immediately precedingJanuary 1, 1967;

2. Issue a medical laboratory technologistscertificate to any person who was a medical laboratory technologist in thisstate for at least 1 year immediately preceding January 1, 1967;

3. Issue a license to, and include in the registrationlist of laboratories meeting the minimum standards and qualifications of thischapter, any laboratory which was in operation in this state on January 1,1967, which has a director meeting the qualifications provided in subsection 1;and

4. Keep on inactive status any licensee under thissection who notifies the Health Division that he desires such a status and paysthe current fees.

(Added to NRS by 1971, 1315; A 1975, 1163; 1995,1591)

MEDICAL LABORATORY ADVISORY COMMITTEE

NRS 652.160 Creation;duties. A Medical Laboratory AdvisoryCommittee to advise the board on matters of policy concerning medicallaboratories, qualifications of laboratory directors and personnel and othermatters pursuant to the provisions of this chapter is hereby created.

(Added to NRS by 1967, 928)

NRS 652.170 Appointment,terms and qualifications of members; compensation of members and employees.

1. The Board shall appoint the members of the MedicalLaboratory Advisory Committee.

2. After the initial terms, members shall serve for3-year terms.

3. A member may not serve for more than twoconsecutive terms. Service of 2 or more years in filling an unexpired termconstitutes a term.

4. The Advisory Committee is composed of:

(a) Two pathologists, certified in clinical pathologyby the American Board of Pathology.

(b) Two medical technologists.

(c) One bioanalyst who is a laboratory director.

(d) One qualified biochemist from the Nevada System ofHigher Education.

(e) One licensed physician actively engaged in thepractice of clinical medicine in this State.

5. No member of the Advisory Committee may have anyfinancial or business arrangement with any other member which pertains to thebusiness of laboratory analysis.

6. The State Health Officer or his designatedrepresentative is an ex officio member of the Advisory Committee.

7. Each member of the Advisory Committee is entitledto receive:

(a) A salary of not more than $60, as fixed by theBoard, for each days attendance at a meeting of the Committee; and

(b) A per diem allowance and travel expenses at a ratefixed by the Board, while engaged in the business of the Committee. The ratemust not exceed the rate provided for state officers and employees generally.

8. While engaged in the business of the Committee,each employee of the Committee is entitled to receive a per diem allowance andtravel expenses at a rate fixed by the Board. The rate must not exceed the rateprovided for state officers and employees generally.

(Added to NRS by 1967, 928; A 1973, 269; 1977, 1260;1981, 1996; 1985, 446; 1989, 1706; 1993, 421)

REGULATION OF LABORATORIES AND LABORATORY DIRECTORS

NRS 652.180 Dutiesof laboratory director. A laboratory directorshall:

1. Select and supervise all laboratory procedures;

2. Report the findings or results of laboratory tests;

3. Actively participate in the operation of thelaboratory to the extent necessary to assure compliance with the provisions ofthis chapter;

4. Be responsible for the proper performance of all workin the laboratory and of all subordinates; and

5. Retain the health care and other regularlymaintained records of the laboratory in accordance with regulations adopted bythe Board pursuant to NRS 652.135.

(Added to NRS by 1967, 927; A 1997, 1124)

NRS 652.190 Examination,review and referral of specimens; reporting of results; recommendation forreview of results by physician.

1. A laboratory may examine specimens only at therequest of:

(a) A licensed physician;

(b) Any other person authorized by law to use thefindings of laboratory tests and examinations; or

(c) If the examination can be made with a testingdevice or kit which is approved by the Food and Drug Administration for use inthe home and which is available to the public without a prescription, anyperson.

2. Except as otherwise provided in NRS 441A.150, 442.325 and 652.193, the laboratory may report theresults of the examination only to:

(a) The person requesting the test or procedure;

(b) A provider of health care who is treating orproviding assistance in the treatment of the patient;

(c) A provider of health care to whom the patient hasbeen referred; and

(d) The patient for whom the testing or procedure wasperformed.

3. The laboratory report must contain the name of thelaboratory. If a specimen is accepted by a laboratory and is referred toanother laboratory, the name and address of the other laboratory must beclearly shown by the referring laboratory on the report to the personrequesting the test or procedure.

4. Whenever an examination is made pursuant toparagraph (c) of subsection 1, the laboratory report must contain a provisionwhich recommends that the results of the examination be reviewed andinterpreted by a physician or other licensed provider of health care.

(Added to NRS by 1967, 928; A 1989, 59; 1993, 499;1995, 1602; 1997, 1124; 1999, 3516; 2003, 1333)

NRS 652.193 Releaseof results of tests regarding patient of rural hospital.

1. Except as otherwise provided in NRS 442.325, a licensed laboratory mayrelease the results of tests performed at the laboratory regarding a patient ofa rural hospital only to:

(a) The patient;

(b) The physician who ordered the tests; and

(c) A provider of health care who is currently treatingor providing assistance in the treatment of the patient.

2. As used in this section:

(a) Provider of health care has the meaning ascribedto it in NRS 629.031.

(b) Rural hospital has the meaning ascribed to it in NRS 449.0177.

(Added to NRS by 1995, 1602; A 1999, 3516)

NRS 652.195 Cytologicexamination of gynecologic specimens: Direct billing required; unlawfulpractices; exceptions.

1. A laboratory which performs a cytologic examinationof gynecologic specimens for a patient residing in this State shall submit anybill for those services to:

(a) The patient directly;

(b) The responsible insurer or other third-party payor;or

(c) The hospital, public health clinic or nonprofithealth clinic.

Except asotherwise provided in subsection 3, the laboratory shall not submit the billfor those services to the physician who directed the examination.

2. Except as otherwise provided in subsection 3, it isunlawful for a physician to charge, bill or otherwise solicit payment from aperson for cytologic services relating to the examination of gynecologicspecimens.

3. The provisions of this section do not apply tocytologic services:

(a) Rendered by the physician himself or in alaboratory operated solely in connection with the diagnosis or treatment of hisown patients; or

(b) Provided to an enrollee pursuant to a health care planauthorized pursuant to chapter 695C of NRS.

(Added to NRS by 1991, 650)

NRS 652.200 Limitationon contents of laboratorys report. No interpretationof test results, diagnosis, prognosis or suggested treatment may appear on thelaboratory report form, unless the report is made by a physician licensed topractice in this state.

(Added to NRS by 1967, 928)

NRS 652.210 Manipulationfor collection of specimens; authorized practices of technical personnel. No person other than a licensed physician, a licensedoptometrist, a licensed practical nurse, a registered nurse, a licensedphysician assistant, a certified osteopathic physicians assistant, a certifiedintermediate emergency medical technician, a certified advanced emergencymedical technician, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS or a licensed dentist maymanipulate a person for the collection of specimens, except that technical personnelof a laboratory may collect blood, remove stomach contents, perform certaindiagnostic skin tests or field blood tests or collect material for smears andcultures.

(Added to NRS by 1967, 928; A 1991, 375; 1993, 2842;1997, 689; 1999, 1916;2001, 776; 2005, 2517)

NRS 652.215 Licensedprofessional nurses: Performance of specific procedures under supervision ofState Health Officer; regulations governing performance of procedures. A licensed professional nurse who is employed by theHealth Division to work in the field of community health may perform specificlaboratory procedures prescribed by the Board under the supervision of theState Health Officer. The Board shall adopt regulations governing theperformance of these procedures.

(Added to NRS by 1983, 279; A 1995, 1591)

NRS 652.217 Conditionsunder which licensed nurse or licensed or certified laboratory personnel mayperform certain laboratory tests.

1. A licensed nurse who is employed by a medicalfacility which is licensed pursuant to chapter 449of NRS may perform any laboratory test which is classified as a waived testpursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulationsif the laboratory director or a person he has designated:

(a) Verifies that the nurse is competent to perform thetest;

(b) Ensures that the test is performed in accordancewith any manufacturers instructions; and

(c) Validates and verifies the manner in which the testis performed through the use of controls which ensure accurate and reliableresults of the test.

2. Licensed or certified personnel of a laboratorylicensed pursuant to this chapter may perform any laboratory test which isclassified as a waived test pursuant to Subpart A of Part 493 of Title 42 ofthe Code of Federal Regulations on the premises of an outpatient center of thelaboratory or at a patients residence if the laboratory director or a personhe has designated:

(a) Verifies that the person is competent to performthe test;

(b) Ensures that the test is performed in accordancewith any manufacturers instructions;

(c) Validates and verifies the manner in which the testis performed through the use of controls which ensure accurate and reliableresults of the test; and

(d) Ensures compliance with any requirements for safetyadopted by the Board.

(Added to NRS by 1995, 794; A 1997, 1125; 1999, 173)

DISCIPLINARY PROCEEDINGS

NRS 652.220 Groundsfor denial, suspension or revocation of license. Alicense may be denied, suspended or revoked if the laboratory, laboratorydirector or any technical employee of the laboratory:

1. Violates any provision of this chapter;

2. Makes any misrepresentation in obtaining a license;

3. Has been convicted of a felony relating to theposition for which the applicant has applied or the licensee has been licensedpursuant to this chapter;

4. Has been convicted of violating any of theprovisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

5. Is guilty of unprofessional conduct;

6. Knowingly permits the use of the name of a licensedlaboratory or its director by an unlicensed laboratory; or

7. Fails to meet the minimum standards prescribed bythe Board.

(Added to NRS by 1967, 928; A 1993, 796; 2003, 2731)

NRS 652.223 Suspensionof license or certificate for failure to pay child support or comply withcertain subpoenas or warrants; reinstatement of license or certificate.[Expires by limitation 2 years after the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

1. If the Board receives a copy of a court orderissued pursuant to NRS 425.540 thatprovides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of alicense or certificate issued pursuant to NRS652.125, the Board shall deem the license or certificate issued to thatperson to be suspended at the end of the 30th day after the date on which thecourt order was issued unless the Board receives a letter issued to the holderof the license or certificate by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder of the license or certificate has complied with the subpoena or warrantor has satisfied the arrearage pursuant to NRS425.560.

2. The Board shall reinstate a license or certificateissued pursuant to NRS 652.125 that hasbeen suspended by a district court pursuant to NRS 425.540 if the Board receives a letterissued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license orcertificate was suspended stating that the person whose license or certificatewas suspended has complied with the subpoena or warrant or has satisfied thearrearage pursuant to NRS 425.560.

(Added to NRS by 1997, 2180; A 2005, 2807)

NRS 652.225 Hearingafter receipt of report of certain violations; regulations. If the Board receives a report pursuant to subsection 5 ofNRS 228.420, a hearing must be heldpursuant to regulations adopted by the Board to consider the contents of thereport. The Board shall adopt such regulations as are necessary to carry outthe provisions of this section.

(Added to NRS by 1993, 796; A 1995, 1591)

NRS 652.228 Certainrecords relating to investigation deemed confidential; certain records relatingto disciplinary action and orders imposing discipline deemed public records.

1. Except as otherwise provided in this section, acomplaint filed with the Board, all documents and other information filed withthe complaint and all documents and other information compiled as a result ofan investigation conducted to determine whether to initiate disciplinary actionare confidential.

2. The complaint or other document filed by the Boardto initiate disciplinary action and all documents and information considered bythe Board when determining whether to impose discipline are public records.

3. An order that imposes discipline and the findingsof fact and conclusions of law supporting that order are public records.

(Added to NRS by 2003, 3476)

APPLICABILITY OF CHAPTER

NRS 652.230 Applicabilityto public and private laboratories; exceptions. Theprovisions of this chapter apply to all public and private medical laboratoriesexcept:

1. A laboratory of any college, university or schoolwhich is conducted for the training of its students, actively engaged inresearch and approved by the State Department of Education.

2. Laboratories operated by the Federal Government.

3. Laboratories operated by the State Department ofAgriculture.

(Added to NRS by 1967, 926; A 1967, 1206; 1973, 660;1993, 1894; 1999,3740)

NRS 652.235 Applicabilityto laboratory operated by licensed physician solely in connection withdiagnosis or treatment of own patients; requirements.

1. A licensed physician may operate a medicallaboratory solely in connection with the diagnosis or treatment of his ownpatients if the medical laboratory complies with the provisions of thissection.

2. Each such medical laboratory shall:

(a) Register with the Health Division.

(b) Comply with the rules and regulations adopted bythe Board pursuant to NRS 652.130.

(c) Submit to the inspections and tests provided for insubsections 1 and 2 of NRS 652.140.

(Added to NRS by 1973, 661, 1406; A 1989, 1115; 1993,2598; 1995, 1592)

NRS 652.240 Licensingof laboratories in operation on January 1, 1967; persons operating or employedin laboratories on January 1, 1967.

1. A laboratory which was in operation in this stateon January 1, 1967, is not required to be licensed pursuant to this chapterbefore January 1, 1972, but may apply for a license before that date. Unlesssuch a laboratory is so licensed, the Health Division shall not include it inthe registration list of laboratories meeting the minimum standards andqualifications of this chapter.

2. A person who was operating a laboratory in thisstate on January 1, 1967, may continue to do so or may be employed in alaboratory before, on or after July 1, 1972, without qualifying as a laboratorydirector or pursuant to any rules pertaining to technical personnel. A personwho was employed in a laboratory in this state on January 1, 1967, may beemployed in a laboratory before, on or after January 1, 1972, withoutqualifying pursuant to any rules pertaining to technical personnel.

(Added to NRS by 1967, 929; A 1995, 1592; 1997, 1622)

NRS 652.245 Exemptionof tests and examinations conducted by law enforcement agencies. The provisions of this chapter do not apply to any test orexamination conducted by a law enforcement officer or agency.

(Added to NRS by 1993, 499)

UNLAWFUL ACTS; PENALTIES

NRS 652.250 Publicnuisance; injunctions. The operation ormaintenance of a laboratory in violation of this chapter is declared to be apublic nuisance, and the Board may, in addition to other remedies, initiate anaction to enjoin such violations or to enjoin the future operation of thelaboratory until compliance with the provisions of this chapter is obtained.

(Added to NRS by 1967, 929)

NRS 652.260 Penalties. Any person or laboratory violating any of the provisionsof this chapter shall be punished by a fine of not more than $250 for the firstoffense and not more than $500 for any subsequent offense. Each act inviolation of this chapter constitutes a separate offense.

(Added to NRS by 1967, 929; A 1979, 1491)

 

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