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2019 Nevada Revised Statutes
Chapter 439 - Administration of Public Health
GENERAL PROVISIONS
DIVISION OF PUBLIC AND BEHAVIORAL HEALTH OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
County Board of Health and County Health Officer
General Provisions Fund for a Healthy Nevada
Administration
- NRS 439.010 - Administration of chapter.
- NRS 439.015 - Acceptance and disbursement of federal appropriations; deposit to State Division of Public and Behavioral Health Federal Account.
- NRS 439.030 - State Board of Health: Creation; members; qualifications.
- NRS 439.040 - State Board of Health: Term of office.
- NRS 439.060 - State Board of Health: Meetings; quorum.
- NRS 439.070 - State Board of Health: Secretary; Executive Officer.
- NRS 439.080 - State Board of Health: Compensation of members and employees.
- NRS 439.085 - Chief Medical Officer: Appointment; unclassified service.
- NRS 439.095 - Chief Medical Officer: Qualifications.
- NRS 439.110 - Chief Medical Officer: Devotion of time to official duties; cooperation with Nevada System of Higher Education; maintenance of clinical practice.
- NRS 439.130 - Chief Medical Officer and Administrator: Duties.
- NRS 439.135 - Appointment of Commissioner of Food and Drugs and other agents by Administrator.
- NRS 439.140 - Appointment or removal of subordinate officer or employee of Division.
- NRS 439.150 - State Board of Health supreme in matters concerning health; Department designated agency for federal cooperation; fees.
- NRS 439.155 - Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.
- NRS 439.160 - Uniform compliance with provisions of chapter.
- NRS 439.170 - Prevention of sickness and disease; legal action for enforcement of laws and regulations. [Effective through December 31, 2019.]
- NRS 439.170 - Prevention of sickness and disease; legal action for enforcement of laws and regulations; provision of information concerning importance of annual physical examination for children. [Effective January 1, 2020.]
- NRS 439.180 - Biennial report to Director by Administrator.
- NRS 439.190 - Hearings and witnesses.
- NRS 439.200 - Regulations of State Board of Health: Adoption; effect; variances; distribution.
- NRS 439.230 - Personal and statistical information to be secured from patient admitted or committed to public or private institution.
- NRS 439.240 - State Public Health Laboratory: Maintenance by University of Nevada School of Medicine; branch laboratories; purpose; administration; reports.
- NRS 439.249 - Continuing education and information concerning health of veterans; report.
- NRS 439.255 - Masks and face shields for use in cardiopulmonary resuscitation: Regulations; provision to peace officers and firefighters; waiver of requirements; civil immunity for use.
- NRS 439.258 - Programs for treatment of persons who commit domestic violence; regulations. [Effective through June 30, 2020.]
- NRS 439.258 - Programs for treatment of persons who commit domestic violence; regulations. [Effective July 1, 2020.]
- NRS 439.263 - Policy of State concerning clinical trials; duties of Division to carry out policy; acceptance of gifts, grants and donations.
- NRS 439.265 - Immunization Information System: Establishment and administration; duty to report information concerning immunization administered to child; contents and form of report; parent or guardian to be provided information concerning System; parent or guardian may decline inclusion of information in System; disclosure of information; regulations.
- NRS 439.271 - Definitions.
- NRS 439.2711 - “Advisory Committee” defined.
- NRS 439.2712 - “Program” defined.
- NRS 439.2713 - “Provider of oral health care” defined.
- NRS 439.272 - State Dental Health Officer: Appointment by Division; classification; qualifications; duties; outside pursuits; solicitation and acceptance of gifts and grants.
- NRS 439.279 - State Public Health Dental Hygienist: Appointment; classification; qualifications; duties; outside pursuits; solicitation and acceptance of gifts and grants.
- NRS 439.2791 - State Program for Oral Health: Establishment; purpose.
- NRS 439.2792 - Advisory Committee on the State Program for Oral Health: Creation; duties; appointment and terms of members; quorum; Chair; meetings.
- NRS 439.2793 - Duties of Division.
- NRS 439.2794 - Powers of Division to enter into contracts to apply for and accept gifts, donations, bequests and grants and to apply for federal waivers; disposition of money; administration of account.
County Board of Health and County Health Officer
- NRS 439.280 - County board of health: Composition; officers; service without additional compensation.
- NRS 439.290 - County health officer: Appointment; qualifications; term.
- NRS 439.300 - County health officer: Compensation.
- NRS 439.310 - County health officer: Vacancy; appointment by Chief Medical Officer.
- NRS 439.320 - County health officer: Executive officer of county board of health; may be county physician.
- NRS 439.330 - Deputy county health officer: Appointment; compensation; duties.
- NRS 439.340 - County board of health: Supervision by Division; reports.
- NRS 439.350 - County board of health: Duties.
- NRS 439.360 - County board of health: Powers.
- NRS 439.361 - Applicability.
- NRS 439.362 - Creation and composition of Health District; appointment and terms of members of district board of health and public health advisory board; duty of district board of health to maintain records; prohibition on local boards of health.
- NRS 439.363 - Health district fund: Creation.
- NRS 439.364 - District board of health: Meetings; quorum; duties.
- NRS 439.365 - District board of health: Budget; adoption by board of county commissioners; annual allocation.
- NRS 439.366 - Powers and jurisdiction of district board of health and district health department; regulations of district board of health.
- NRS 439.367 - District board of health: Powers.
- NRS 439.368 - Appointment, duties and compensation of district health officer; duties of district board of health concerning district health officer; clinical program requiring medical assessment must be supervised by physician.
- NRS 439.3685 - Duties of district health officer concerning chief medical officer; compensation of chief medical officer.
- NRS 439.369 - Applicability.
- NRS 439.370 - Health district: Creation.
- NRS 439.380 - County or city board of health abolished upon creation of district board of health.
- NRS 439.383 - County boards of health within district abolished upon creation of district board of health.
- NRS 439.385 - City and town boards of health abolished upon creation of district board of health.
- NRS 439.390 - District board of health: Composition; qualifications of members.
- NRS 439.400 - Appointment, qualifications, powers and compensation of district health officer; clinical program requiring medical assessment must be supervised by physician.
- NRS 439.410 - Powers and jurisdiction of district board of health and district health department; regulations of district board of health.
- NRS 439.420 - City board of health: Creation by ordinance.
- NRS 439.430 - City board of health: Members; appointments; qualifications and compensation of city health officer.
- NRS 439.440 - Inclusion of city in county or district health department.
- NRS 439.450 - Withdrawal of city from county or district health department; re-establishment of city health department.
- NRS 439.460 - City board of health: Duties.
- NRS 439.470 - City board of health: Powers.
- NRS 439.471 - Applicability.
- NRS 439.473 - Authority of district health officer to issue order for extermination or abatement of nuisance; authorized actions.
- NRS 439.475 - Notice of order for abatement of nuisance; duty of health district if owner fails to comply with order.
- NRS 439.477 - Lien on real property for costs of abating nuisance; action to foreclose lien.
- NRS 439.479 - Regulations; enforcement; notice to district board of health of failure to maintain rental dwelling unit in habitable condition.
- NRS 439.480 - Local health officer: Supervision; jurisdiction.
- NRS 439.490 - Abatement or removal of nuisance.
- NRS 439.4921 - Definitions.
- NRS 439.4923 - “Health care facility” defined.
- NRS 439.4925 - “Provider of health care” defined.
- NRS 439.4927 - “Sickle cell disease and its variants” defined.
- NRS 439.4929 - Establishment and maintenance of system for reporting information; objectives; persons required to report information.
- NRS 439.4931 - Regulations of State Board of Health.
- NRS 439.4933 - Records of health care facility: Availability to Chief Medical Officer; abstracting of information; schedule of fees for abstracting; administrative penalty for violation of section.
- NRS 439.4935 - Publication of reports; provision of data.
- NRS 439.4937 - Analysis of information, records and reports; investigation of trends.
- NRS 439.4939 - Gifts, grants and donations.
- NRS 439.4941 - Consent required before disclosure of identity of patient, physician or health care facility.
- NRS 439.4943 - Limitation on civil and criminal liability.
- NRS 439.495 - Establishment; purpose.
- NRS 439.496 - Powers of Division to apply for and accept gifts, grants and bequests; disposition of money; administration of account.
- NRS 439.501 - Establishment.
- NRS 439.505 - Duties of Division.
- NRS 439.507 - Powers of Division to enter into contracts, to apply for and accept gifts, donations, bequests and grants and to apply for federal waivers; disposition of money; administration of account.
- NRS 439.5075 - Creation; membership; vacancies; compensation; Chair; meetings.
- NRS 439.5077 - Duties.
- NRS 439.508 - Definitions.
- NRS 439.5081 - “State plan” defined.
- NRS 439.5082 - “Task Force” defined.
- NRS 439.5083 - Creation; appointment, qualifications and terms of members; members serve without compensation except per diem; alternates.
- NRS 439.5084 - Chair and Vice Chair; meetings; quorum; members appointed by Director serve at pleasure of Director.
- NRS 439.5085 - Duties; submission of annual report to Governor and Legislature; support and assistance of Department; gifts, grants and donations.
- NRS 439.5102 - “Committee” defined.
- NRS 439.5104 - Creation; appointment, qualification and terms of members; vacancies.
- NRS 439.5106 - Powers and duties.
- NRS 439.5108 - Powers; submission of annual report to Director; confidentiality of information and records.
- NRS 439.511 - Creation; purposes; employment of Coordinator; qualifications of Coordinator; duties of Coordinator.
- NRS 439.513 - Employment of trainer for suicide prevention; qualifications; duties.
- NRS 439.5132 - Creation; purpose; interest and income; nonreversion.
- NRS 439.5134 - Administration; awards of money; reports.
- NRS 439.514 - Definitions.
- NRS 439.515 - “Advisory Council” defined.
- NRS 439.516 - “Program” defined.
- NRS 439.517 - Establishment; purpose.
- NRS 439.518 - Advisory Council: Establishment; purpose; appointment of members.
- NRS 439.519 - Advisory Council: Terms; Chair; appointment of committees and subcommittees; removal of nonlegislative members; administrative support; establishment of advisory group to study delivery of health care through patient-centered medical homes; quorum; meetings; compensation.
- NRS 439.521 - Duties of Division.
- NRS 439.522 - Public hearings.
- NRS 439.523 - Authority of Division to enter into contracts and award grants.
- NRS 439.525 - Gifts, grants and contributions: Accounting; use; administration.
- NRS 439.5291 - Definitions.
- NRS 439.5292 - “Provider of emergency medical services” defined.
- NRS 439.5293 - “Provider of health care” defined.
- NRS 439.5294 - “Registry” defined.
- NRS 439.5295 - Duty of Division to establish and maintain Registry; gifts, donations, bequests and grants.
- NRS 439.5296 - Duties of Division to encourage and facilitate sharing and analysis of information and data.
- NRS 439.5297 - Duty of Division to adopt and carry out procedures for using Registry; annual report. [Effective through December 31, 2020.]
- NRS 439.5297 - Duty of Division to adopt and carry out procedures for using Registry. [Effective January 1, 2021.]
- NRS 439.530 - Treatment by prayer, mental or spiritual means; no compulsion to submit to medical treatment.
- NRS 439.532 - Testing and labeling of certain products containing cannabidiol; regulations. [Effective July 1, 2020.]
- NRS 439.535 - Clinic for immunization of children: Availability; immunity of personnel from criminal and civil liability.
- NRS 439.537 - Unlawful use of words or letters designating person as licensed or registered dietitian; penalty.
- NRS 439.538 - Electronic transmission of health information: Exemption from state law concerning privacy or confidentiality of certain health information; ability of person to opt out of electronic disclosure of certain health information.
- NRS 439.539 - Duty of Department to hold informational meetings to coordinate services for victims of sex trafficking.
- NRS 439.540 - Chapter does not alter powers of Commissioner of Food and Drugs or powers of Director of State Department of Agriculture.
- NRS 439.550 - Strict enforcement of chapter by local health officer.
- NRS 439.560 - Enforcement of chapter by public officers.
- NRS 439.565 - Injunctions against violations.
- NRS 439.570 - Health authority may report violation to district attorney or Attorney General; initiation and prosecution of action.
- NRS 439.580 - Penalties.
- NRS 439.581 - Definitions.
- NRS 439.582 - “Electronic health record” defined.
- NRS 439.583 - “Health care provider” defined.
- NRS 439.584 - “Health information exchange” defined.
- NRS 439.585 - “Person” defined.
- NRS 439.587 - Designation and duties of Director as state authority for health information technology; authorization to establish or contract with exchange; adoption of regulations and other necessary actions authorized.
- NRS 439.588 - Certification for exchange required; disciplinary action for failure to comply with law; administrative fine for operating without certification; regulations.
- NRS 439.589 - Adoption of regulations to prescribe standards relating to electronic health records, health-related information and health information exchanges.
- NRS 439.590 - Limitations on use, release or publication of certain information; penalty for unauthorized access to electronic health record or health information exchange; establishment of complaint system.
- NRS 439.591 - Patient not required to participate in health information exchange; notification to patient of breach of confidentiality of electronic health records or health information exchange; patient access to electronic health records.
- NRS 439.592 - Electronic health records, electronic signatures and electronically transmitted or retrieved health information deemed to comply with certain writing and signature requirements; information maintained or transmitted in electronic health record or retrieved by a health information exchange deemed to comply with certain confidentiality requirements; exception.
- NRS 439.593 - Immunity from liability for health care provider who uses health information exchange.
- NRS 439.595 - Provision of information to electronic health record or participation in health information exchange not unfair trade practice.
General Provisions Fund for a Healthy Nevada
- NRS 439.620 - Creation and administration of Fund; appropriation and expenditure of contents.
- NRS 439.630 - Powers and duties of Department; eligibility of veterans for certain benefits or services available to senior citizens, persons with disabilities and other specified persons; submission of biennial report by Grants Management Advisory Committee, Nevada Commission on Aging and Nevada Commission on Services for Persons with Disabilities.
- NRS 439.635 - Definitions.
- NRS 439.640 - “Household income” defined.
- NRS 439.645 - “Income” defined.
- NRS 439.650 - “Senior citizen” defined.
- NRS 439.655 - Administration: Powers and duties of Department.
- NRS 439.660 - Administration: Cooperation between state and local agencies.
- NRS 439.665 - Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits; eligibility for and amount of subsidies; copayments; waiver of eligibility requirements; coverage provided by Federal Government; authority of Department to change programs; eligibility of veterans for subsidies.
- NRS 439.670 - Request for subsidy; action on request; payment of subsidy.
- NRS 439.675 - Denial of request for subsidy; repayment of amount received pursuant to fraudulent request.
- NRS 439.680 - Judicial review of decision to deny request for subsidy.
- NRS 439.685 - Revocation of subsidy and payment of restitution.
- NRS 439.690 - Restrictions on use of information contained in request for subsidy.
- NRS 439.705 - Definitions.
- NRS 439.715 - “Household income” defined.
- NRS 439.725 - “Income” defined.
- NRS 439.735 - Administration: Powers and duties of Department.
- NRS 439.745 - Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits; eligibility for and amount of subsidies; copayments; waiver of eligibility requirements; coverage provided by Federal Government; authority of Department to change programs; eligibility of veterans for subsidies.
- NRS 439.755 - Request for subsidy; action on request; payment of subsidy.
- NRS 439.765 - Denial of request for subsidy; repayment of amount received pursuant to fraudulent request.
- NRS 439.775 - Judicial review of decision to deny request for subsidy.
- NRS 439.785 - Revocation of subsidy and payment of restitution.
- NRS 439.795 - Restrictions on use of information contained in request for subsidy.
- NRS 439.800 - Definitions.
- NRS 439.802 - “Facility-acquired infection” defined.
- NRS 439.803 - “Health facility” defined.
- NRS 439.805 - “Medical facility” defined.
- NRS 439.810 - “Patient” defined.
- NRS 439.815 - “Patient safety officer” defined.
- NRS 439.820 - “Provider of health care” defined.
- NRS 439.830 - “Sentinel event” defined.
- NRS 439.835 - Mandatory reporting of sentinel events.
- NRS 439.837 - Mandatory investigation of sentinel event by health facility; exceptions.
- NRS 439.840 - Reports of sentinel events: Duties of Division; confidentiality.
- NRS 439.841 - Authority of Division to request additional information or to conduct audit or investigation; report of findings; payment of costs.
- NRS 439.843 - Annual summaries of reports of sentinel events; compilation by Division; confidentiality; posting of patient safety plans by Department on Internet website.
- NRS 439.845 - Analysis and reporting of trends regarding sentinel events; treatment of certain information regarding corrective action by health facility.
- NRS 439.847 - Participation in surveillance system by medical facilities and facilities for skilled nursing; access, analysis and reporting of information submitted to surveillance system by Division; regulations.
- NRS 439.855 - Notification of patients involved in sentinel events.
- NRS 439.856 - Provision of certain information relating to facility-acquired infections to patients.
- NRS 439.857 - Procedure for informing patient, legal guardian or other person that patient at medical facility has infection; immunity from liability for providing certain information.
- NRS 439.860 - Inadmissibility of certain information in administrative or legal proceeding.
- NRS 439.865 - Patient safety plan: Development; inclusion of infection control program to prevent and control infections; approval; notice; compliance; annual review and update.
- NRS 439.870 - Patient safety officer: Designation; duties.
- NRS 439.873 - Designation, duties and qualifications of infection control officer; required ratio of patients to employees with certain training in infection control; Division to provide education and technical assistance.
- NRS 439.875 - Patient safety committee: Establishment; composition; meetings; duties; proceedings and records are privileged.
- NRS 439.877 - Patient safety checklists and patient safety policies: Adoption by patient safety committee; required provisions; duties of patient safety committee.
- NRS 439.880 - Immunity from criminal and civil liability.
- NRS 439.885 - Violation by health facility: Administrative sanction prohibited when voluntarily reported; administrative sanction imposed when not voluntarily reported; appeal of imposition of sanction; accounting and expenditure of money.
- NRS 439.890 - Adoption of regulations.
- NRS 439.902 - Definitions.
- NRS 439.904 - “Commission” defined.
- NRS 439.906 - “Provider of health care” defined.
- NRS 439.908 - Creation; membership; compensation; terms and removal of members; vacancies; Chair; quorum.
- NRS 439.912 - Meetings; subcommittees; contracts; advice and technical assistance by state agencies, boards and commissions.
- NRS 439.914 - Appointment, qualifications and duties of Executive Director; authority to request information from state agencies.
- NRS 439.916 - Systematic review of issues relating to health care.
- NRS 439.918 - Duty to facilitate collaboration and coordination between state governmental entities; reports.
- NRS 439.942 - Establishment; requirements to become client; administrators; confidentiality; protection of information; maintenance.
- NRS 439.943 - Authorized use; inclusion of relevant publicly available information.
- NRS 439.944 - Access authorized to enter information and manage information and account.
- NRS 439.945 - Division authorized to enter into cooperative agreements with certain state and federal agencies to obtain information for inclusion.
- NRS 439.946 - Authorized collection, maintenance and storage of certain information on website.
- NRS 439.947 - Access to information.
- NRS 439.948 - Fees; regulations.
- NRS 439.950 - Definitions.
- NRS 439.955 - “Emergency team” defined.
- NRS 439.960 - “Health care facility” defined.
- NRS 439.965 - “Provider of health care” defined.
- NRS 439.970 - Determination of public health emergency or other health event; executive order of Governor; designation of emergency team; chair; Attorney General designated legal counsel to emergency team.
- NRS 439.973 - Authority of Governor to request assistance from contiguous state in carrying out inspections.
- NRS 439.975 - Powers and duties of emergency team.
- NRS 439.980 - Duties of chair of emergency team.
- NRS 439.983 - Duties of emergency team upon resolution of public health emergency or other health event.
- NRS 439.985 - Legislative declaration of purpose.
- NRS 439.986 - “Sterile hypodermic device program” or “program” defined.
- NRS 439.987 - Establishment.
- NRS 439.988 - Guidelines governing operation.
- NRS 439.989 - Program to establish safety procedures, provide community outreach and report to State Board of Health.
- NRS 439.990 - Staff and volunteers to complete training; requirements for training.
- NRS 439.991 - Program authorized to provide material for safer injection drug use and certain information.
- NRS 439.992 - Immunity from civil liability.
- NRS 439.993 - Confidentiality of records; use of information.
- NRS 439.994 - Discrimination prohibited.
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