CHAPTER439. Administration of Public Health  


GENERAL PROVISIONS
NRS 439.005. Definitions.
DIVISION OF PUBLIC AND BEHAVIORAL HEALTH OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
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 439.090. State Health Officer and Administrator: Qualifications. [Repealed]
NRS 439.095. Chief Medical Officer: Qualifications.
NRS 439.100. State Health Officer: Appointment; vacancy; unclassified service. [Repealed]
NRS 439.110. Chief Medical Officer: Devotion of time to official duties; cooperation with Nevada System of Higher Education.
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.
Powers and Duties
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.
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 439.255. Masks and face shields for use in cardiopulmonary resuscitation: Regulations; provision to peace officers and firefighters; waiver of requirements; civil immunity for use.
NRS 439.265. 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 439.270. Persons diagnosed with epilepsy: State Board of Health to define “epilepsy” for purposes of section; reports required to be submitted to Division and to Department of Motor Vehicles; confidentiality of reports; criminal penalty.
DENTAL AND ORAL HEALTH
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.
LOCAL ADMINISTRATION
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.
District Board of Health and District Health Officer in Counties Whose Population is 700,000 or More
NRS 439.361. Applicability.
NRS 439.362. Health district: Creation; composition; appointment and terms of members; duty to maintain records; county, city and town boards of health abolished.
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, qualifications, powers and compensation of district health officer; clinical program requiring medical assessment must be supervised by physician.
District Board of Health and District Health Officer in Counties Whose Population is Less Than 700,000
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.
City Board of Health and City Health Officer
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.
Extermination and Abatement of Mosquitoes, Flies, Other Insects and Rats
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.
Removal and Remediation of Controlled Substances and Precursors
NRS 439.4797. Powers of boards of health; regulations by State Environmental Commission.
Local Health Regulations
NRS 439.480. Local health officer: Supervision; jurisdiction.
NRS 439.490. Abatement or removal of nuisance.
Assessment for Services Provided to County
NRS 439.4905. Payment of assessment; exemption; regulations.
ADVISORY COMMITTEE FOR THE PREVENTION AND TREATMENT OF STROKE AND HEART DISEASE
NRS 439.491. Definitions.
NRS 439.4911. “Committee” defined.
NRS 439.4913. “Hospital” defined.
NRS 439.4915. “Primary prevention” defined.
NRS 439.4917. “Provider of health care” defined.
NRS 439.4919. “Secondary prevention” defined.
NRS 439.492. Creation; appointment, terms and compensation of members; Chair.
NRS 439.493. Duties; quorum.
NRS 439.494. Powers of Division to enter into contracts and to apply for and accept gifts, grants, donations and bequests; disposition of money; administration of account.
CHRONIC OBSTRUCTIVE PULMONARY DISEASE PROGRAM
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.
ARTHRITIS PREVENTION AND CONTROL PROGRAM
NRS 439.501. Establishment.
NRS 439.503. Advisory Committee: Establishment; appointment, terms and compensation of members; quorum; Chair; meetings.
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.
TASK FORCE ON ALZHEIMER’S DISEASE
NRS 439.508. Definitions. [Effective through June 30, 2017.]
NRS 439.5081. “State plan” defined. [Effective through June 30, 2017.]
NRS 439.5082. “Task Force” defined. [Effective through June 30, 2017.]
NRS 439.5083. Creation; appointment, qualifications and terms of members; members serve without compensation except per diem; alternates. [Effective through June 30, 2017.]
NRS 439.5084. Chair and Vice Chair; meetings; quorum; members appointed by Director serve at pleasure of Director. [Effective through June 30, 2017.]
NRS 439.5085. Duties; submission of annual report to Governor and Legislature; support and assistance of Department; gifts, grants and donations. [Effective through June 30, 2017.]
COMMITTEE TO REVIEW SUICIDE FATALITIES
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.
STATEWIDE PROGRAM FOR SUICIDE PREVENTION
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.
STATE PROGRAM FOR WELLNESS AND THE PREVENTION OF CHRONIC DISEASE
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; 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 439.524. Submission of annual report to Governor and Legislature. [Repealed]
NRS 439.525. Gifts, grants and contributions: Accounting; use; administration.
COMMITTEE ON CO-OCCURRING DISORDERS
NRS 439.526. “Co-occurring disorders” defined. [Repealed]
NRS 439.527. Creation; appointment and qualifications of members; election of Chair and Vice Chair; terms of members; vacancies; compensation of members; members holding public office or employed by governmental entity; meetings; quorum. [Repealed]
NRS 439.528. Duties. [Repealed]
PROGRAM TO TREAT PERSONS WITH HUMAN IMMUNODEFICIENCY VIRUS OR ACQUIRED IMMUNODEFICIENCY SYNDROME
NRS 439.529. Administration; duties of Director; use of other programs; prohibition against commingling of money; money for program to be accounted for separately.
MISCELLANEOUS PROVISIONS
NRS 439.530. Treatment by prayer, mental or spiritual means; no compulsion to submit to medical treatment.
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 439.540. Chapter does not alter powers of Commissioner of Food and Drugs or powers of State Dairy Commission.
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.
STATEWIDE HEALTH INFORMATION EXCHANGE SYSTEM
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 439.586. “Statewide health information exchange system” defined.
NRS 439.587. Designation and duties of Director as state authority for health information technology; adoption of regulations and other necessary actions authorized.
NRS 439.588. Establishment or designation of governing entity; duties and authorized act of governing entity; meetings of governing body of governing entity; regulations for certification as health information exchange.
NRS 439.589. Adoption of regulations to prescribe standards relating to electronic health records, health-related information and system.
NRS 439.590. Requirements for participation in system; limitations on use, release or publication of certain information; penalty for unauthorized access to electronic health record, system 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 health information deemed to comply with certain writing and signature requirements; information maintained or transmitted in electronic health record or system deemed to comply with certain confidentiality requirements; exception.
NRS 439.593. Immunity from liability for health care provider who uses system.
NRS 439.594. Immunity from liability for governing entity, administrator of system and health information exchange.
NRS 439.595. Provision of information to electronic health record or participation in health information exchange not unfair trade practice.
ADMINISTRATION OF CERTAIN PROCEEDS FROM MANUFACTURERS OF TOBACCO PRODUCTS
General Provisions
NRS 439.600. Legislative declaration.
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.
Subsidies for Cost of Prescription Drugs, Pharmaceutical Services and Other Benefits to Senior Citizens
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.
Subsidies for Provision of Pharmaceutical Services to Persons With Disabilities
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.
HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES
NRS 439.800. Definitions.
NRS 439.802. “Facility-acquired infection” 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 medical facility.
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 medical 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 medical 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.
WEBSITE FOR INFORMATION CONCERNING PRICE OF COMMONLY PRESCRIBED DRUGS
NRS 439.900. “Pharmacy” defined.
NRS 439.905. Organization representing interests of retail merchants to prepare and update list of most commonly prescribed drugs or generic equivalents.
NRS 439.910. Pharmacies to provide to Department contact information, electronic mail address and address of Internet website; exceptions.
NRS 439.915. Department to place on Internet website information concerning pharmacies and prices for prescription drugs; additional or alternative procedures for obtaining information concerning pharmacies and prices for prescription drugs.
NRS 439.920. Manner of presentation of information.
NRS 439.925. Immunity from civil and criminal liability.
NRS 439.930. Regulations.
NRS 439.935. Suspension of components of program or duties of Department if sufficient money not available; acceptance of gifts and grants.
NRS 439.940. Penalty for failure to provide information to Department.
WEBSITE FOR BACKGROUND INVESTIGATIONS
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.
PUBLIC HEALTH EMERGENCIES AND OTHER HEALTH EVENTS
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.
STERILE HYPODERMIC DEVICE PROGRAMS
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.