Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE40 PUBLIC HEALTH AND SAFETY |
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 [Repealed] |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 [Repealed] |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. |
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. |
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. |
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 439.528. 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 439.540. 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 439.589. Adoption of regulations to prescribe standards relating to electronic health records, health-related information and system. |
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. |
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 439.670. 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 439.755. 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 439.855. 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 439.875. 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 439.890. 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 439.920. 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 439.973. 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. |