Nevada Revised Statutes (Last Updated: December 24, 2014) |
TITLE40 PUBLIC HEALTH AND SAFETY |
CHAPTER449. Medical Facilities and Other Related Entities |
GENERAL PROVISIONS |
NRS 449.001. Definitions. |
NRS 449.0015. “Agency to provide nursing in the home” defined. |
NRS 449.0021. “Agency to provide personal care services in the home” defined. |
NRS 449.0025. “Board” defined. |
NRS 449.0031. “Community triage center” defined. |
NRS 449.0032. “Division” defined. |
NRS 449.0033. “Facility for hospice care” defined. |
NRS 449.0038. “Facility for intermediate care” defined. |
NRS 449.00385. “Facility for modified medical detoxification” defined. |
NRS 449.00387. “Facility for refractive surgery” defined. |
NRS 449.0039. “Facility for skilled nursing” defined. |
NRS 449.004. “Facility for the care of adults during the day” defined. |
NRS 449.0045. “Facility for the dependent” defined. |
NRS 449.00455. “Facility for the treatment of abuse of alcohol or drugs” defined. |
NRS 449.0046. “Facility for the treatment of irreversible renal disease” defined. |
NRS 449.0055. “Facility for transitional living for released offenders” defined. |
NRS 449.008. “Halfway house for recovering alcohol and drug abusers” defined. |
NRS 449.009. “Health Division” defined. [Repealed] |
NRS 449.0105. “Home for individual residential care” defined. |
NRS 449.0115. “Hospice care” defined. |
NRS 449.012. “Hospital” defined. |
NRS 449.013. “Independent center for emergency medical care” defined. |
NRS 449.0145. “Licensed practical nurse” defined. |
NRS 449.0151. “Medical facility” defined. |
NRS 449.01513. “Medication aide - certified” defined. |
NRS 449.01515. “Mobile unit” defined. |
NRS 449.0152. “Nursing assistant” defined. |
NRS 449.0153. “Nursing pool” defined. |
NRS 449.0155. “Obstetric center” defined. |
NRS 449.0156. “Palliative services” defined. |
NRS 449.0157. “Provider of health care” defined. |
NRS 449.0159. “Provider of supported living arrangement services” defined. |
NRS 449.0165. “Psychiatric hospital” defined. |
NRS 449.0167. “Registered nurse” defined. |
NRS 449.017. “Residential facility for groups” defined. |
NRS 449.0175. “Rural clinic” defined. |
NRS 449.0177. “Rural hospital” defined. |
NRS 449.0185. “Supported living arrangement services” defined. |
NRS 449.019. “Surgical center for ambulatory patients” defined. |
NRS 449.0195. “Terminally ill” defined. |
LICENSING AND REGULATION |
General Provisions |
NRS 449.030. License required to operate or maintain medical facility or facility for the dependent and to operate program of hospice care. |
NRS 449.0301. Exemptions. |
NRS 449.0302. Board to adopt standards, qualifications and other regulations. |
NRS 449.0303. Authority of Board to require licensing of other facilities. |
NRS 449.0305. Businesses that provide referrals to residential facilities for groups: License required; standards and regulations; provision of referrals; prohibited acts; civil penalties. |
NRS 449.0306. Money received from licensing of facilities to be deposited in State General Fund; expenditure of state or federal money. |
NRS 449.0307. Powers of Division. |
NRS 449.0308. Authority of Division to collect actual cost of enforcing provisions from unlicensed medical facility or facility for the dependent; exception. |
Licensing |
NRS 449.040. Application for license: Filing; contents. |
NRS 449.050. Fees. |
NRS 449.068. Surety bond required for initial license and renewal of license to operate facility for refractive surgery. |
NRS 449.069. Substitute for surety bond required for facility for refractive surgery. |
NRS 449.080. Issuance, validity and transferability of license. |
NRS 449.085. Form and contents of license. |
NRS 449.087. Amendment of license required for addition of certain services; requirements for approval of amendment; revocation of approval; standards. |
NRS 449.089. Expiration and renewal of license. |
NRS 449.091. Provisional license. |
NRS 449.093. Training to recognize and prevent abuse of older persons: Persons required to receive; frequency; topics; costs; actions for failure to complete. |
Background Investigations |
NRS 449.119. “Facility, hospital, agency, program or home” defined. |
NRS 449.121. Exemption for facility for the treatment of abuse of alcohol or drugs; exception. |
NRS 449.122. Investigation of applicant for license to operate facility, hospital, agency, program or home. |
NRS 449.123. Initial and periodic investigations of employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home; penalty. |
NRS 449.124. Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of facility, hospital, agency, program or home. |
Inspections |
NRS 449.131. Entry and inspection of building and premises by Division, State Fire Marshal and Chief Medical Officer. |
NRS 449.132. Inspection of medical facility and facility for dependent by Division of Public and Behavioral Health and Aging and Disability Services Division. |
Disciplinary Action |
NRS 449.163. Administrative sanctions: Imposition by Division; disposition of money collected. |
NRS 449.165. Administrative sanctions: Regulations of Board. |
NRS 449.170. Denial, suspension or revocation of license or imposition of sanctions: Notice; appeal; adoption of regulations. |
NRS 449.172. Residential facility for groups: Duties of Division and operator upon suspension or revocation of license for abuse, neglect or isolation of occupants. |
NRS 449.174. Additional grounds for denial, suspension or revocation of license to operate certain facility, hospital, agency, program or home. |
Miscellaneous Provisions |
NRS 449.181. Medical facility that has custody of child pursuant to court order to adopt policy relating to medical care and medications for child; employees to receive copy of policy. |
NRS 449.184. Operator of residential facility for groups, facility for intermediate care or facility for skilled nursing to post certain information in conspicuous place. |
NRS 449.186. Supervision of residential facility for groups. |
NRS 449.187. Supervision of facility for skilled nursing or facility for intermediate care. |
NRS 449.189. Physician and nurse required to operate independent center to provide emergency medical care. |
NRS 449.191. Medical facility not required to allow abortions. |
NRS 449.192. Admission of dentist to membership on medical staff of hospital. |
NRS 449.1935. Agency to provide personal care services in the home authorized to provide certain services to certain persons. |
NRS 449.194. Certain employees of agency to provide personal care services in the home immune from civil liability resulting from rendering emergency care or assistance. |
NRS 449.195. Waiver of deductible or copayment; conditions. |
NRS 449.196. Requirements for program of hospice care. |
NRS 449.197. Provision of care by facility for hospice care. |
NRS 449.198. Requirements for obstetric center. |
NRS 449.199. Residential facility for groups and homes for individual residential care prohibited from providing accommodations to persons not meeting requirements for admission; exception. |
NRS 449.201. Certification required for alcohol and drug abuse programs operated or provided by facility for transitional living for released offenders. |
NRS 449.202. Classification of hospitals. |
NRS 449.203. Designation of hospital as primary stroke center; Division to maintain list of hospitals so designated; regulations. |
NRS 449.2035. Designation of hospital as STEMI receiving center; Division to maintain list of hospitals so designated; regulations. [Effective January 1, 2014.] |
NRS 449.204. Misleading name or other designation of facility prohibited. |
Prohibited Acts; Penalties |
NRS 449.209. Prohibition against medical facility or employee of medical facility making certain referrals to residential facilities for groups; civil penalties; system to track violations. |
NRS 449.210. Penalties for unlicensed operation: Medical facility or facility for dependent; residential facility for groups or home for individual residential care. |
NRS 449.220. Action to enjoin violations. |
NRS 449.240. Institution and conduct of prosecutions. |
REQUIREMENTS RELATING TO STAFFING |
NRS 449.241. Definitions. |
NRS 449.2413. “Certified nursing assistant” defined. |
NRS 449.2414. “Health care facility” defined. |
NRS 449.2416. “Licensed nurse” defined. |
NRS 449.2418. “Unit” defined. |
NRS 449.2428. Division required to ensure that certain health care facilities comply with provisions; regulations. |
MISCELLANEOUS PROVISIONS |
NRS 449.243. Itemized list of charges required; use of Uniform Billing and Claims Forms authorized; contracted rates; summary of charges. |
NRS 449.244. Certain costs for examination or treatment of victims of sexual offenses to be charged to county. [Repealed] |
NRS 449.245. Release of child from hospital; provision of authorization for release and other information to Division of Child and Family Services; disclosure of information; penalty. |
NRS 449.2455. Authority of hospital to enter into agreement with Armed Forces of United States for provision of medical care by certain medical officers. |
NRS 449.2465. Persons entitled to results of tests performed at laboratory regarding patient of rural hospital. |
NRS 449.2475. Unlicensed insurer not allowed to make payment directly to person who received services in certain circumstances; limitation on civil and criminal liability. |
NRS 449.248. Additional services to be provided by agency to provide nursing in home. |
NRS 449.2486. Facility for care of adults during the day to maintain and provide certain information; form in which information to be provided. |
NRS 449.2487. Notice to be provided by certain facilities which offer independent living. |
FACILITIES FOR REFRACTIVE SURGERY |
NRS 449.2489. Definitions. |
NRS 449.24891. “Ophthalmologist” defined. |
NRS 449.24892. “Postoperative care” defined. |
NRS 449.24893. “Preoperative care” defined. |
NRS 449.24894. “Surgical treatment for a refractive error of the eye” defined. |
NRS 449.24895. Certain persons not required to obtain license to operate and maintain facility; filing of affidavit with Division required. |
NRS 449.24896. Surgical treatments at facility must be performed by licensed ophthalmologist; availability of ophthalmologist. |
NRS 449.24897. Order to cease and desist operation for failure to obtain license; injunction; penalties. |
NRS 449.24898. Collaboration between ophthalmologist and optometrist authorized pursuant to NRS 636.374. |
NEVADA HEALTH FACILITIES ASSISTANCE ACT |
NRS 449.250. Short title. |
NRS 449.260. Definitions. |
NRS 449.270. State Department to constitute sole agency of State for certain purposes. |
NRS 449.280. Duties of State Department. |
NRS 449.300. Inventory of existing health facilities; development of program for construction of facilities. |
NRS 449.310. Requirements of program for construction of health facilities. |
NRS 449.320. Application for federal money; deposit of money. |
NRS 449.340. State Department to prescribe minimum standards; standards to supersede local ordinances and regulations; penalty. |
NRS 449.345. Restriction on adoption of regulations concerning construction, maintenance, operation or safety of building, structure or other property. |
NRS 449.360. Application for construction of health facility: Filing; compliance with federal and state requirements. |
NRS 449.370. Application for construction of health facility: Notice and hearing; approval and forwarding. |
NRS 449.380. Inspection of construction of health facility; certification by State Department. |
NRS 449.390. Authority to receive and distribute federal money; Health Facilities Assistance Fund; deposits, use and controls. |
NRS 449.400. State Public Health Facilities Construction Assistance Fund: Creation; administration. |
NRS 449.410. State assistance for construction of certain projects; eligibility of project for assistance. |
NRS 449.420. Amount of state assistance: Allocations; payments. |
NRS 449.430. Money from State Public Health Facilities Construction Assistance Fund to be paid in installments. |
INTERMEDIARY SERVICE ORGANIZATIONS |
General Provisions |
NRS 449.4304. “Intermediary service organization” defined. |
NRS 449.4308. Authority to provide services. |
Certification |
NRS 449.431. Certificate required; exception; penalty. |
NRS 449.4311. Application for certificate: Contents. |
NRS 449.4314. Application for certificate: Fee. |
NRS 449.4317. Issuance of certificate; nontransferability. |
NRS 449.4318. Form and contents of certificate. |
NRS 449.4319. Expiration and renewal of certificate. |
NRS 449.432. Application for renewal of certificate: Information concerning business license required; conditions which require denial. [Effective January 1, 2014.] |
NRS 449.4321. Grounds for denial, suspension or revocation of certificate. |
NRS 449.4324. Provisional certificate. |
NRS 449.4325. Deposit of money received; expenses of Division to enforce provisions. |
NRS 449.4327. Regulations; powers of Division. |
Background Investigations |
NRS 449.4329. Initial and periodic investigations of employee, employee of temporary employment service or independent contractor; penalty. |
NRS 449.43295. Temporary employment service prohibited from sending ineligible employee to organization; temporary employment service to provide certain information regarding its employees. |
NRS 449.433. Maintenance and availability of certain records regarding employee, employee of temporary employment service or independent contractor of organization. |
NRS 449.4332. Additional grounds for denial, suspension or revocation of certificate. |
Disciplinary Action; Enforcement |
NRS 449.4335. Administrative sanctions: Imposition by Division; consequences of failure to pay; use of money collected. |
NRS 449.4336. Administrative sanctions: Regulations. |
NRS 449.4337. Notice by Division of disciplinary action; exception; appeal. |
NRS 449.4338. Action to enjoin violations. |
NRS 449.4339. Prosecution by district attorney. |
NRS 449.435. Definitions. |
NRS 449.436. “Conscious sedation” defined. |
NRS 449.437. “Deep sedation” defined. |
NRS 449.438. “General anesthesia” defined. |
NRS 449.439. “Physician” defined. |
NRS 449.441. Exemption from provisions if physician’s office or facility only administers certain type of pain medication. |
NRS 449.442. Permit required for certain physicians’ offices and facilities to offer services; national accreditation required; cessation of services for failure to maintain accreditation. |
NRS 449.443. Application for permit; fee; inspection by Division; term of permit. |
NRS 449.444. Application for renewal of permit; fee. |
NRS 449.445. National accreditation required of surgical center for ambulatory patients; inspection by Division; cessation of operation for failure to maintain accreditation. |
NRS 449.446. Annual inspections of holders of permits and surgical centers for ambulatory patients; correction of deficiencies identified in inspections; reporting of inspections to Legislature. |
NRS 449.447. Disciplinary action for certain violations or failure to correct deficiency; notification to professional licensing board of violations; administrative sanctions. |
NRS 449.448. Regulations. |
ACCOUNTING; FINANCIAL REPORTS; FEES; ENSURING QUALITY OF CARE |
NRS 449.450. Definitions. |
NRS 449.460. Powers of Director. |
NRS 449.465. Authority of Director to impose fees; maximum amount of fees collected; fee for support of Legislative Committee on Health Care. |
NRS 449.470. Director may use staff or contract for services. |
NRS 449.476. Committee to ensure quality of care: Formation by hospital; general requirements. |
NRS 449.485. Hospital required to use discharge form prescribed by Director; electronic monthly reporting; exception to electronic reporting; use of information by Department. |
NRS 449.500. Director to carry out analyses and studies concerning cost of health care. |
NRS 449.520. Reports to Governor and legislative committees; development of comprehensive plan by Legislative Committee on Health Care. |
NRS 449.530. Administrative fine for violation. |
WITHHOLDING OR WITHDRAWAL OF LIFE-SUSTAINING TREATMENT |
NRS 449.535. Short title; uniformity of application and construction. |
NRS 449.540. Definitions. |
NRS 449.550. “Attending physician” defined. |
NRS 449.560. “Declaration” defined. |
NRS 449.570. “Life-sustaining treatment” defined. |
NRS 449.575. “Person” defined. |
NRS 449.581. “Provider of health care” defined. |
NRS 449.585. “Qualified patient” defined. |
NRS 449.590. “Terminal condition” defined. |
NRS 449.600. Declaration relating to use of life-sustaining treatment. |
NRS 449.610. Form of declaration directing physician to withhold or withdraw life-sustaining treatment. |
NRS 449.613. Form of declaration designating another person to decide to withhold or withdraw life-sustaining treatment. |
NRS 449.617. Time declaration becomes operative; duty of providers of health care. |
NRS 449.620. Revocation of declaration; entry of revocation in medical records of declarant. |
NRS 449.622. Recording determination of terminal condition and declaration. |
NRS 449.624. Treatment of qualified patients; withholding or withdrawal of artificial nutrition and hydration; treatment of pregnant patient. |
NRS 449.626. Written consent to withhold or withdraw life-sustaining treatment. |
NRS 449.628. Transfer of care of declarant. |
NRS 449.630. Immunity from civil and criminal liability and discipline for unprofessional conduct. |
NRS 449.640. Consideration of declaration and other factors; failure to follow directions of patient. |
NRS 449.645. Assumption of validity of declaration; presumption of intent to use, withhold or withdraw life-sustaining treatment not created. |
NRS 449.660. Penalties. |
NRS 449.670. Actions contrary to reasonable medical standards not required; mercy-killing, assisted suicide or euthanasia not authorized. |
NRS 449.680. Other right or responsibility regarding use of life-sustaining treatment or withholding or withdrawal of medical care not limited. |
NRS 449.690. Validity of declaration executed in another state; effect of previously executed instrument. |
PHYSICIAN ORDERS FOR LIFE-SUSTAINING TREATMENT |
NRS 449.691. Definitions. |
NRS 449.6912. “Attending physician” defined. |
NRS 449.6915. “Do-not-resuscitate identification” defined. |
NRS 449.6916. “Do-not-resuscitate order” defined. |
NRS 449.6918. “Emergency care” defined. |
NRS 449.692. “Health care facility” defined. |
NRS 449.6922. “Incompetent” defined. |
NRS 449.6924. “Life-resuscitating treatment” defined. |
NRS 449.6925. “Life-sustaining treatment” defined. |
NRS 449.6928. “Other types of advance directives” defined. |
NRS 449.693. “Physician Order for Life-Sustaining Treatment form” or “POLST form” defined. |
NRS 449.6932. “Provider of health care” defined. |
NRS 449.6934. “Representative of the patient” defined. |
NRS 449.694. Board required to prescribe standardized POLST form; requirements. |
NRS 449.6942. Physician required to explain POLST form under certain circumstances and to complete POLST form upon request of patient; validity. |
NRS 449.6944. Revocation of POLST form; entry of revocation in medical records of patient. |
NRS 449.6946. Conflict with other advance directive or do-not-resuscitate identification. |
NRS 449.6948. Immunity from civil and criminal liability and discipline for unprofessional conduct. |
NRS 449.695. Provider of health care required to comply with valid POLST form; modification by physician; transfer of care of patient; exceptions. |
NRS 449.6952. Assumption of validity of POLST form; presumption of intent of patient not created if patient has revoked or not executed POLST form. |
NRS 449.6956. Unlawful acts; penalty. |
NRS 449.696. Validity of POLST form executed in another state. |
NRS 449.697. Regulations. |
PATIENT’S RIGHTS |
NRS 449.700. Facility to provide necessary services or arrange for transfer of patient; explanation of need for transfer and alternatives available. |
NRS 449.705. Facility to forward medical records upon certain transfers of patient. |
NRS 449.710. Specific rights: Information concerning facility; treatment; billing; visitation. |
NRS 449.715. Specific rights: Designation of persons authorized to visit patient in facility. |
NRS 449.720. Specific rights: Care; refusal of treatment and experimentation; privacy; notice of appointments and need for care; confidentiality of information concerning patient. |
NRS 449.730. Patient to be informed of rights upon admission to facility; required disclosures and notices. |
NRS 449.740. Procedure to insert implant in breast of patient: Informed consent required; withdrawal of consent; penalty. |
NRS 449.750. Procedure to insert implant in breast of patient: Contents of explanation form and consent form; fee for forms. |
COLLECTION OF AMOUNT OWED TO HOSPITAL FOR HOSPITAL CARE |
NRS 449.751. Definitions. |
NRS 449.753. “Hospital care” defined. |
NRS 449.755. “Responsible party” defined. |
NRS 449.757. Limitations on efforts of hospitals to collect; date for accrual of interest; rate of interest; limitations on additional fees. |
NRS 449.758. Limitations on efforts of hospital to collect when hospital has contractual agreement with third party that provides health coverage for care provided; exception. |
NRS 449.759. Manner of collection. |
PREVENTING PERSONS FROM ENTERING OR EXITING HEALTH FACILITY |
NRS 449.760. Unlawful acts; exception; penalty. |
USE OF AVERSIVE INTERVENTION OR FORMS OF RESTRAINT ON PATIENTS WITH DISABILITIES |
NRS 449.765. Definitions. |
NRS 449.766. “Aversive intervention” defined. |
NRS 449.767. “Chemical restraint” defined. |
NRS 449.768. “Corporal punishment” defined. |
NRS 449.769. “Electric shock” defined. |
NRS 449.770. “Emergency” defined. |
NRS 449.771. “Facility” defined. |
NRS 449.772. “Mechanical restraint” defined. |
NRS 449.773. “Person with a disability” defined. |
NRS 449.774. “Physical restraint” defined. |
NRS 449.775. “Verbal and mental abuse” defined. |
NRS 449.776. Aversive intervention: Prohibition on use. |
NRS 449.777. Forms of restraint: Restrictions on use. |
NRS 449.778. Physical restraint: Permissible use; report of use in emergency. |
NRS 449.779. Mechanical restraint: Permissible use; report of use in emergency. |
NRS 449.780. Chemical restraint: Permissible use; report of use. |
NRS 449.781. Use of forms of restraint by certain facilities. |
NRS 449.782. Education and training of members of staff of facility. |
NRS 449.783. Violations: Criminal penalties; ineligibility for employment; disciplinary action. |
NRS 449.784. Violations: Report required; development and review of and compliance with corrective plan. |
NRS 449.785. Prohibition on retaliation against person for reporting or providing information regarding violation. |
NRS 449.786. Entry of denial of rights in patient’s record; notice and report of denial; action by Division. |
REGISTRY OF ADVANCE DIRECTIVES FOR HEALTH CARE |
NRS 449.900. Definitions. |
NRS 449.905. “Advance directive” defined. |
NRS 449.910. “Registrant” defined. |
NRS 449.915. “Registry” defined. |
NRS 449.920. Establishment and maintenance; information to be included in Registry. |
NRS 449.925. Registration of advance directive: Requirements; duties of Secretary of State. |
NRS 449.930. Access to advance directive. |
NRS 449.935. Removal of advance directive of deceased registrant. |
NRS 449.950. Immunity of Secretary of State and deputies, employees and attorneys of Secretary of State. |
NRS 449.955. Suspension of components of Registry and duties of Secretary of State if sufficient money not available; fees authorized; acceptance of gifts and grants. |
NRS 449.960. Deposit, accounting and use of money received; interest and income earned on money received; payment of claims. |
NRS 449.965. Regulations. |