reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.5282 - Consent required before disclosure of identity of patient, provider of health care or facility.

If the system for the reporting of information on neurodegenerative diseases is established pursuant to NRS 439.5268, the designated department, Chief Medical Officer and Department shall not reveal the identity of any patient, provider of health care or health care facility which is involved in the reporting of information to the system established pursuant to NRS 439.5268, unless the patient, provider of health care or health care facility gives prior written consent to such a disclosure.
(Added to NRS by 2023, 2070)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.5284 - Limitation on civil and criminal liability.

A person or governmental entity that provides information to the designated department in accordance with NRS 439.5272 and 439.5274 must not be held liable in a civil or criminal action for sharing confidential information unless the person or organization has done so in bad faith or with malicious purpose.
(Added to NRS by 2023, 2070)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.529 - Administration; duties of Director; use of other programs; prohibition against commingling of money; money for program to be accounted for separately; authorized uses of money.

1. The Department may, to the extent that money is available, administer a program pursuant to 42 U.S.C. §§ 300ff-21 et seq. to provide therapeutics to treat certain persons who have been diagnosed with the human immunodeficiency virus and to prevent the serious deterioration of the health of such persons. The program may include the provision of subsidies and pharmaceutical services.
2. The Director shall:
(a) Establish the criteria for eligibility for participation in the program administered pursuant to this section, which must be in accordance with the provisions of 42 U.S.C. §§ 300ff-21 et seq.; and
(b) Prescribe the manner in which the program will be administered and services will be provided.
3. The Department may use any other program administered by the Department to facilitate the provision of subsidies and services pursuant to this section. If the Department uses another program to facilitate the provision of subsidies and services pursuant to this section, the Department shall not commingle the money available to carry out the provisions of this section and the money available to carry out the other program.
4. Money available to carry out the provisions of this section must be accounted for separately by the Department. The Department shall use such money only to pay for or subsidize the cost of:
(a) Drugs approved by the United States Food and Drug Administration;
(b) Insurance premiums, deductibles, copayments, coinsurance or other cost-sharing obligations associated with private health insurance; and
(c) Services that improve access to, adherence to and monitoring of drug treatment.
(Added to NRS by 2007, 2336; A 2021, 64; 2023, 215, 2269)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.52905 - Prohibitions and requirements relating to federal drug pricing program.

1. If the Department administers a program pursuant to NRS 439.529:
(a) The program may not prohibit or interfere with the ability of a covered provider or contract pharmacy to purchase, administer or dispense, as applicable, a 340B drug, regardless of whether the drug is dispensed or administered to a person participating in the program or whether the program pays all, part or none of the cost of the drug.
(b) When a covered provider or contract pharmacy dispenses or administers a drug that is eligible to be a 340B drug to a person participating in the program and the program pays the insurance premium of the person and the copayment, coinsurance, deductible or other cost-sharing obligation of the person, the program shall pay to the covered provider or contract pharmacy the full amount of the copayment, coinsurance, deductible or other cost-sharing obligation, regardless of whether the drug is a 340B drug.
(c) The program may not deny a request from a covered provider or contract pharmacy to be included in the network of the program if the covered provider or contract pharmacy:
(1) Meets the terms and conditions for participation in the network of the program; and
(2) Requests to participate in the network of the program.
(d) The program shall not treat a covered provider or contract pharmacy differently from an entity that does not participate in the 340B Program or a pharmacy that has contracted with a covered provider, as applicable, in any manner, including, without limitation:
(1) In any regulation, guidance, policy, procedure or contract;
(2) With regard to participation in the network of the program; or
(3) In any matter relating to the dispensing of drugs or billing and reimbursement for drugs.
2. As used in this section:
(a) "340B drug" means a prescription drug that is purchased under the 340B Program.
(b) "340B Program" means the drug pricing program established by the United States Secretary of Health and Human Services pursuant to section 340B of the Public Health Service Act, 42 U.S.C. § 256b, as amended.
(c) "Contract pharmacy" means a pharmacy that enters into a contract with a covered provider to dispense 340B drugs and provide related pharmacy services to the patients of the covered provider.
(d) "Covered entity" has the meaning ascribed to it in 42 U.S.C. § 256b(a)(4).
(e) "Covered provider" means a covered entity other than the program established pursuant to NRS 439.529.
(f) "Network" means a defined set of providers of health care who are under contract with any program established pursuant to NRS 439.529 to provide health care services to persons who participate in the program.
(Added to NRS by 2023, 2268)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.5291 - Definitions.

As used in NRS 439.5291 to 439.5297, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.5292, 439.5293 and 439.5294 have the meanings ascribed to them in those sections.
(Added to NRS by 2015, 247)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.5292 - "Provider of emergency medical services" defined.

"Provider of emergency medical services" means each operator of an ambulance or air ambulance and each fire-fighting agency that has a permit to operate pursuant to chapter 450B of NRS and provides transportation to hospitals for persons in need of emergency services and care.
(Added to NRS by 2015, 247)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.5295 - Duty of Division to establish and maintain Registry; gifts, donations, bequests and grants.

1. The Division shall:
(a) Establish and maintain the Stroke Registry to compile information and statistics concerning the treatment of patients who suffer from strokes. The information and statistics must align with the consensus measures prescribed by the Paul Coverdell National Acute Stroke Registry of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Joint Commission, the American Heart Association and the American Stroke Association. The Division may request the input, advice and assistance of the Advisory Council on the State Program for Wellness and the Prevention of Chronic Disease established pursuant to NRS 439.518 concerning the establishment and maintenance of the Registry.
(b) Use, as the data platform for the Registry, the Get With The Guidelines-Stroke data management platform established by the American Heart Association and American Stroke Association or a similar data management platform with substantially equivalent security standards for data.
(c) To the extent practicable to avoid redundancy, coordinate with nonprofit organizations involved in stroke treatment and research concerning the collection and maintenance of data in the Registry.
(d) Encourage the reporting of data to the Registry by medical facilities, including, without limitation, hospitals certified as acute stroke-ready hospitals by the Joint Commission, providers of health care and providers of emergency medical services that treat patients who suffer from strokes, including, without limitation, those that are not required to submit information to the Registry pursuant to NRS 449.203.
(e) Using guidelines prescribed by a nationally recognized organization involved in stroke treatment and research, determine which data may be reported to the Registry. Such data must include, without limitation, the consensus measures prescribed by the Paul Coverdell National Acute Stroke Registry of the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the Joint Commission, the American Heart Association and the American Stroke Association.
(f) Make aggregated data from the Registry available to each medical facility, provider of health care and provider of emergency medical services that treats patients who suffer from strokes in this State.
2. The Division may apply for and accept any gift, donation, bequest, grant or other source of money to carry out the provisions of NRS 439.5291 to 439.5297, inclusive.
3. As used in this section, "data management platform" means a centralized computing system for collecting, integrating and managing data.
(Added to NRS by 2015, 247)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.5296 - Duties of Division to encourage and facilitate sharing and analysis of information and data.

The Division shall:
1. Encourage medical facilities, providers of health care and providers of emergency medical services to share information and data concerning the treatment of patients who suffer from strokes to improve the quality of care for those patients in this State; and
2. Facilitate the sharing and analysis of the information and data specified in subsection 1.
(Added to NRS by 2015, 248)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.5297 - Duty of Division to adopt and carry out procedures for using Registry.

1. The Division shall adopt and carry out procedures for using the Registry. The procedures must include, without limitation:
(a) Analyzing data in the Registry concerning the response to and treatment of strokes; and
(b) Identifying potential solutions for improving the treatment of patients who have suffered strokes in particular geographic areas of this State and in this State as a whole.
2. The Division shall compile an annual report concerning the operation and use of the Registry and the data collected by the Registry. On or before June 1 of each year, the Division shall post the report on its Internet website, if any, and submit the report to the Governor. The report must include, without limitation:
(a) Aggregated data from the Registry; and
(b) Any recommendations for legislation designed to improve the quality of care provided to patients who suffer from strokes in this State.
(Added to NRS by 2015, 248; A 2015, 250)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.530 - Treatment by prayer, mental or spiritual means; no compulsion to submit to medical treatment.

None of the provisions of this chapter or the laws of this State regulating the practice of medicine or healing shall be construed to interfere with treatment by prayer or with any person who administers to or treats the sick or suffering by mental or spiritual means, nor shall any person who selects such treatment for the cure of disease be compelled to submit to any form of medical treatment, nor shall any such person be removed to any isolation hospital or camp without his or her consent if the sanitary and quarantine laws of the State are complied with.
[8:199:1911; added 1919, 221; 1919 RL p. 2894; NCL § 5276]
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.532 - Testing and labeling of certain products containing cannabidiol; regulations.

1. Unless federal law or regulation otherwise requires, a person shall not sell or offer to sell any commodity or product containing hemp which is intended for human consumption or any other commodity or product that purports to contain cannabidiol with a THC concentration that does not exceed the maximum THC concentration established by federal law for hemp unless such a commodity or product:
(a) Has been tested by an independent testing laboratory and meets the standards established by regulation of the Department pursuant to subsection 3; and
(b) Is labeled in accordance with the regulations adopted by the Department pursuant to subsection 3.
2. A person who produces or offers for sale a commodity or product described in subsection 1 may submit such a commodity or product to a cannabis independent testing laboratory for testing pursuant to this section and a cannabis independent testing laboratory may perform such testing.
3. The Department shall adopt regulations requiring the testing and labeling of any commodity or product described in subsection 1. Such regulations must:
(a) Set forth protocols and procedures for the testing of the commodities and products described in subsection 1;
(b) Identify contaminants of the commodities and products described in subsection 1 which are foods that contain an approved hemp component, as defined in NRS 446.844, and prescribe tolerances for such contaminants; and
(c) Require that any commodity or product described in subsection 1 is labeled in a manner that is not false or misleading in accordance with the applicable provisions of chapters 446 and 585 of NRS.
4. As used in this section:
(a) "Cannabis independent testing laboratory" has the meaning ascribed to it in NRS 678A.115.
(b) "Food" has the meaning ascribed to it in NRS 446.017.
(c) "Hemp" has the meaning ascribed to it in NRS 557.160.
(d) "Intended for human consumption" means intended for ingestion or inhalation by a human or for topical application to the skin or hair of a human.
(e) "THC" has the meaning ascribed to it in NRS 453.139.
(Added to NRS by 2019, 2354, 3874; A 2021, 728)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.535 - Clinic for immunization of children: Availability; immunity of personnel from criminal and civil liability.

1. Clinics for the immunization of children for the diseases enumerated in NRS 392.435, 394.192 and 432A.230 must be held by the county, city, town or district boards of health, as the case may be, not less than 1 month before the opening date of the school year in the respective counties, cities and towns within the State.
2. Qualified personnel of any clinic who administer vaccines or boosters pursuant to this section in good faith and without gross negligence are immune from civil and criminal liability.
(Added to NRS by 1979, 316)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.539 - Duty of Department to hold informational meetings to coordinate services for victims of sex trafficking.

The Department shall periodically hold informational meetings, as deemed appropriate by the Director, for the purpose of coordinating the efforts of various entities associated with the provision of services for victims of sex trafficking to improve such services, including, without limitation, to ensure that any applicable funding received by such entities is used in the most effective and efficient way possible to assist victims of sex trafficking and to achieve the goals set forth in the statewide strategic plan developed by the Nevada Coalition to Prevent the Commercial Sexual Exploitation of Children, established by the Governor pursuant to Executive Order 2016-14, issued on May 31, 2016.
(Added to NRS by 2017, 4076)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.540 - Chapter does not alter powers of Commissioner of Food and Drugs or powers of Director of State Department of Agriculture.

Nothing contained in this chapter may be construed as modifying or altering the powers conferred by law upon the Commissioner of Food and Drugs with respect to the adulteration, mislabeling or misbranding of foods, drugs, medicines and liquors, or the powers conferred by law upon the Director of the State Department of Agriculture with respect to the weighing and testing of products to prevent fraud and to ensure appropriate food safety.
[41:199:1911; added 1939, 297; 1931 NCL § 5268.07]—(NRS A 2001, 2439; 2017, 145)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.550 - Strict enforcement of chapter by local health officer.

1. Each local health officer is charged with the strict and thorough enforcement of the provisions of this chapter in the jurisdiction of the health officer, under the supervision and direction of the Division.
2. Each local health officer, under the direction and supervision of the Division, shall enforce all provisions of law requiring the immunization of children in the public schools, private schools and child care facilities in the jurisdiction of the health officer and, after consulting boards of trustees of school districts, private school officials and operators of child care facilities, shall adopt regulations for the enforcement of those provisions, including the establishment of time limits and schedules for the immunization of children at various grade levels.
3. Each local health officer shall make reports to the Division of any violation coming to his or her notice by observation or upon complaint of any person or otherwise.
[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A 1963, 942; 1969, 1018; 1979, 317)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.560 - Enforcement of chapter by public officers.

All health officers, local boards of health, sheriffs, constables, police officers, marshals, all persons in charge of public buildings and institutions, and all other public officers and employees shall respect and enforce this chapter, all provisions of law requiring the immunization of children in public schools, private schools and child care facilities, and all lawful rules, orders and regulations adopted in pursuance thereof in every particular affecting their respective localities and duties.
[37:199:1911; added 1939, 297; 1931 NCL § 5268.03]—(NRS A 1979, 317)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.565 - Injunctions against violations.

1. Any person, corporation, firm, partnership, joint stock company, or any other association or organization which violates or proposes to violate this chapter, provisions of law requiring the immunization of children in public schools, private schools and child care facilities, any regulation of the State Board of Health or any regulation of a county, district or city board of health approved by the State Board of Health pursuant to this chapter may be enjoined by any court of competent jurisdiction.
2. Actions for injunction under this section may be prosecuted by the Attorney General, any district attorney in this State or any retained counsel of any local board of health in the name and upon the complaint of the State Board of Health or any local board of health, or upon the complaint of the Chief Medical Officer or of any local health officer or his or her deputy.
3. A court may issue a permanent or temporary injunction, restraining order or other appropriate order pursuant to this section.
(Added to NRS by 1973, 315; A 1979, 317; 2009, 552)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.570 - Health authority may report violation to district attorney or Attorney General; initiation and prosecution of action.

1. When the health authority deems it necessary, the health authority shall report cases of violation of any of the provisions of this chapter or of provisions of law requiring the immunization of children in public schools, private schools and child care facilities, to the district attorney of the county, with a statement of the facts and circumstances. When any such case is reported to the district attorney by the health authority, the district attorney shall forthwith initiate and promptly follow up the necessary court proceedings against the person or corporation responsible for the alleged violation of law.
2. Upon request of the Division, the Attorney General shall assist in the enforcement of the provisions of this chapter and provisions of law requiring the immunization of children in public schools, private schools and child care facilities.
[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A 1963, 942; 1969, 1019; 1979, 317; 2013, 3042)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.580 - Penalties. [Effective through June 30, 2024.] Penalties. [Effective July 1, 2024.]

1. Any local health officer or a deputy of a local health officer who neglects or fails to enforce the provisions of this chapter in his or her jurisdiction, or neglects or refuses to perform any of the duties imposed upon him or her by this chapter or by the instructions and directions of the Division shall be punished by a fine of not more than $250.
2. Each person who violates any of the provisions of this chapter or refuses or neglects to obey any lawful order, rule or regulation of the:
(a) State Board of Health or violates any rule or regulation approved by the State Board of Health pursuant to NRS 439.350, 439.366, 439.410 and 439.460; or
(b) Director adopted pursuant to NRS 439.581 to 439.597, inclusive,
is guilty of a misdemeanor.
[Part 21:199:1911; RL § 2972; NCL § 5255] + [39:199:1911; added 1939, 297; 1931 NCL § 5268.05]—(NRS A 1963, 942; 1967, 577; 1969, 880; 1973, 314; 1979, 1469; 2005, 2467; 2011, 1760; 2013, 3042)
1. Any local health officer or a deputy of a local health officer who neglects or fails to enforce the provisions of this chapter in his or her jurisdiction, or neglects or refuses to perform any of the duties imposed upon him or her by this chapter or by the instructions and directions of the Division shall be punished by a fine of not more than $250.
2. Except as otherwise provided in NRS 439.589, each person who violates any of the provisions of this chapter or refuses or neglects to obey any lawful order, rule or regulation of the:
(a) State Board of Health or violates any rule or regulation approved by the State Board of Health pursuant to NRS 439.350, 439.366, 439.410 and 439.460; or
(b) Director adopted pursuant to NRS 439.581 to 439.597, inclusive,
is guilty of a misdemeanor.
[Part 21:199:1911; RL § 2972; NCL § 5255] + [39:199:1911; added 1939, 297; 1931 NCL § 5268.05]—(NRS A 1963, 942; 1967, 577; 1969, 880; 1973, 314; 1979, 1469; 2005, 2467; 2011, 1760; 2013, 3042; 2023, 1843, effective July 1, 2024)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.581 - Definitions.

As used in NRS 439.581 to 439.597, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.582 to 439.585, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2011, 1754; A 2015, 1038; 2023, 1843)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.584 - "Health information exchange" defined.

"Health information exchange" means a person who makes available an electronic means of connecting disparate electronic systems on which health-related information is shared which:
1. Is made commercially available to health care providers and other covered entities by a covered entity or the business associate of a covered entity, as those terms are defined in 45 C.F.R. § 160.103; and
2. Allows the secure transfer of clinical information concerning the health of a patient according to nationally recognized standards to any health care provider who provides services to the patient that elects to exchange health information in such a manner.
(Added to NRS by 2011, 1754; A 2015, 1038)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.585 - "Person" defined.

"Person" means:
1. A natural person.
2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization.
3. A government, a political subdivision of a government or an agency or instrumentality of a government or of a political subdivision of a government.
(Added to NRS by 2011, 1754)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.588 - Certification for health information exchange required; disciplinary action for failure to comply with law; administrative fine for operating without certification; regulations.

1. A health information exchange shall not operate in this State without first obtaining certification as provided in subsection 2.
2. The Director shall by regulation establish the manner in which a health information exchange may apply for certification and the requirements for granting such certification, which must include, without limitation, that the health information exchange demonstrate its financial and operational sustainability, adherence to the privacy, security and patient consent standards adopted pursuant to NRS 439.589 and capacity for interoperability with any other health information exchange certified pursuant to this section.
3. The Director may deny an application for certification or may suspend or revoke any certification issued pursuant to subsection 2 for failure to comply with the provisions of NRS 439.581 to 439.597, inclusive, or the regulations adopted pursuant thereto or any applicable federal or state law.
4. When the Director intends to deny, suspend or revoke a certification, he or she shall give reasonable notice to all parties by certified mail. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. A health information exchange that wishes to contest the action of the Director must file an appeal with the Director.
5. The Director shall adopt regulations establishing the manner in which a person may file a complaint with the Director regarding a violation of the provisions of this section.
6. The Director may impose an administrative fine against a health information exchange which operates in this State without holding a certification in an amount established by the Director by regulation. The Director shall afford a health information exchange so fined an opportunity for a hearing pursuant to the provisions of NRS 233B.121.
7. The Director may adopt such regulations as he or she determines are necessary to carry out the provisions of this section.
(Added to NRS by 2011, 1755; A 2015, 1039; 2023, 1844)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.5895 - Notification of regulatory body if licensed provider or insurer fails to comply with regulations governing maintenance, transmittal and exchange of health information; notification of regulatory body upon compliance. [Effective July 1, 2024.]

1. The Department shall notify each regulatory body of this State that has issued a current, valid license to a licensed provider or insurer if:
(a) The Department determines that the licensed provider or insurer is not in compliance with the requirements of subsection 4 of NRS 439.589; and
(b) The licensed provider or insurer:
(1) Is not exempt from those requirements pursuant to subsection 5 of NRS 439.589; and
(2) Has not received a waiver of those requirements pursuant to subsection 6 of NRS 439.589.
2. If the Department determines that a licensed provider or insurer for which notice was previously provided pursuant to subsection 1 has come into compliance with the requirements of subsection 4 of NRS 439.589, the Department shall immediately notify the regulatory body that issued the license.
3. As used in this section:
(a) "License" means any license, certificate, registration, permit or similar type of authorization to practice an occupation or profession or engage in a business in this State issued to a licensed provider or insurer.
(b) "Licensed provider or insurer" means:
(1) A medical facility licensed pursuant to chapter 449 of NRS;
(2) The holder of a permit to operate an ambulance, an air ambulance or a vehicle of a fire-fighting agency pursuant to chapter 450B of NRS;
(3) A provider of health care, as defined in NRS 629.031, who is licensed pursuant to title 54 of NRS; or
(4) Any person licensed pursuant to title 57 of NRS.
(c) "Regulatory body" means any governmental entity that issues a license.
(Added to NRS by 2023, 1842, effective July 1, 2024)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › 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.

1. Except as otherwise authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, a person shall not use, release or publish:
(a) Individually identifiable health information from an electronic health record or a health information exchange for a purpose unrelated to the treatment, care, well-being or billing of the person who is the subject of the information; or
(b) Any information contained in an electronic health record or retained by or retrieved from a health information exchange for a marketing purpose.
2. Individually identifiable health information obtained from an electronic health record or a health information exchange concerning health care services received by a child without the consent of a parent or guardian of the child must not be disclosed to the parent or guardian of the child without the consent of the child which is obtained in the manner established pursuant to NRS 439.589.
3. A person who accesses an electronic health record or a health information exchange without authority to do so is guilty of a misdemeanor and liable for any damages to any person that result from the unauthorized access.
4. The Director shall adopt regulations establishing the manner in which a person may file a complaint with the Director regarding a violation of the provisions of this section. The Director shall also post on the Internet website of the Department and publish in any other manner the Director deems necessary and appropriate information concerning the manner in which to file a complaint with the Director and the manner in which to file a complaint of a violation of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
(Added to NRS by 2011, 1757; A 2015, 1041)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › 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.

1. Except as otherwise provided in subsection 2 of NRS 439.597, a patient must not be required to participate in a health information exchange. Before a patient’s health care records may be retrieved from a health information exchange, the patient must be fully informed and affirmatively consent, in the manner prescribed by the Director. It is the public policy of this State that, except as otherwise provided in NRS 439.597, a patient’s health care records must not be retrieved from a health information exchange unless the patient provides such affirmative consent.
2. A patient must be notified in the manner prescribed by the Director of any breach of the confidentiality of electronic health records of the patient or a health information exchange.
3. A patient who consents to the retrieval of his or her electronic health record from a health information exchange may at any time request that a health care provider access and provide the patient with his or her electronic health record in accordance with the provisions of 45 C.F.R. § 164.524.
(Added to NRS by 2011, 1759; A 2015, 1042; 2023, 1847)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › 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.

1. Except as otherwise prohibited by federal law:
(a) If a statute or regulation requires that a health care record, prescription, medical directive or other health-related document be in writing, or that such a record, prescription, directive or document be signed, an electronic health record, an electronic signature or the transmittal or retrieval of health information in accordance with the provisions of NRS 439.581 to 439.597, inclusive, and the regulations adopted pursuant thereto shall be deemed to comply with the requirements of the statute or regulation.
(b) If a statute or regulation requires that a health care record or information contained in a health care record be kept confidential, maintaining, transmitting or retrieving that information in an electronic health record or by a health information exchange in accordance with the provisions of NRS 439.581 to 439.595, inclusive, and the regulations adopted pursuant thereto concerning the confidentiality of records shall be deemed to comply with the requirements of the statute or regulation.
2. As used in this section, "health care record" has the meaning ascribed to it in NRS 629.021.
(Added to NRS by 2011, 1759; A 2015, 1043)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.593 - Immunity from liability for health care provider who takes certain actions with respect to electronic health record.

A health care provider who with reasonable care transmits, accesses, utilizes, discloses, relies upon or provides to a patient an apparently genuine electronic health record in accordance with NRS 439.581 to 439.597, inclusive, and the regulations adopted pursuant thereto is immune from civil or criminal liability for any decision concerning the provision of health care to a patient and any civil or criminal liability resulting from the provision of the record to a patient if:
1. The electronic health record is inaccurate;
2. The inaccuracy was not caused by the health care provider;
3. The inaccuracy resulted in an inappropriate health care decision; and
4. The health care decision was appropriate based upon the information contained in the inaccurate electronic health record.
(Added to NRS by 2011, 1758; A 2015, 1043; 2023, 1847)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.595 - Provision of information to, transmitting, accessing, utilizing or disclosing electronic health record or participation in health information exchange not unfair trade practice.

Providing information to, transmitting, accessing, utilizing or disclosing an electronic health record or participating in a health information exchange in accordance with NRS 439.581 to 439.597, inclusive, does not constitute an unfair trade practice pursuant to chapter 598A or 686A of NRS.
(Added to NRS by 2011, 1758; A 2023, 1847)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.597 - 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.

1. If a covered entity transmits electronically individually identifiable health information in compliance with the provisions of:
(a) The Health Insurance Portability and Accountability Act of 1996, Public Law 104-191; and
(b) NRS 439.581 to 439.597, inclusive, and the regulations adopted pursuant thereto,
which govern the electronic transmission of such information, the covered entity is, for purposes of the electronic transmission, exempt from any state law that contains more stringent requirements or provisions concerning the privacy or confidentiality of individually identifiable health information.
2. A covered entity that makes individually identifiable health information available electronically pursuant to subsection 1 shall allow any person to opt out of having his or her individually identifiable health information disclosed electronically to other covered entities, except:
(a) As required by the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191.
(b) As otherwise required by a state law.
(c) That a person who is a recipient of Medicaid or insurance pursuant to the Children’s Health Insurance Program may not opt out of having his or her individually identifiable health information disclosed electronically.
3. As used in this section, "covered entity" has the meaning ascribed to it in 45 C.F.R. § 160.103.
(Added to NRS by 2007, 1977; A 2011, 1759)—(Substituted in revision for NRS 439.538)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.600 - Legislative declaration.

1. The Legislature hereby declares that its priorities in expending the proceeds to the State of Nevada from settlement agreements with and civil actions against manufacturers of tobacco products are:
(a) To increase the number of Nevada students who attend and graduate from Nevada institutions of higher education; and
(b) To assist Nevada residents in obtaining and maintaining good health.
2. To further these priorities, the Legislature hereby declares that it is in the best interest of the residents of this State that all money received by the State of Nevada pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products and all money recovered by the State of Nevada from a judgment in a civil action against a manufacturer of tobacco products be dedicated solely toward the achievement of the following goals:
(a) Increasing the number of Nevada residents who enroll in and attend a university, college or community college in the State of Nevada;
(b) Reducing and preventing the use of tobacco products, alcohol and illegal drugs, especially by children;
(c) Expanding the availability of health insurance and health care for children and adults in this State, especially for children and for adults with disabilities;
(d) Assisting senior citizens and persons with disabilities who have modest incomes in purchasing prescription drugs, pharmaceutical services and, to the extent money is available, other services, including, without limitation, dental and vision services, and hearing aids or other devices that enhance the ability to hear, and assisting those senior citizens and persons with disabilities in meeting their needs related to health care, home care, respite care and their ability to live independent of institutional care; and
(e) Promoting the general health of all residents of the State of Nevada.
(Added to NRS by 1999, 2755; A 2001, 1418; 2005, 1570; 2007, 2336)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.620 - Creation and administration of Fund; appropriation and expenditure of contents.

1. The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund:
(a) Sixty percent of all money received by this State pursuant to any settlement entered into by the State of Nevada and a manufacturer of tobacco products; and
(b) Sixty percent of all money recovered by this State from a judgment in a civil action against a manufacturer of tobacco products.
2. The State Treasurer shall administer the Fund. As administrator of the Fund, the State Treasurer:
(a) Shall maintain the financial records of the Fund;
(b) Shall invest the money in the Fund as the money in other state funds is invested;
(c) Shall manage any account associated with the Fund;
(d) Shall maintain any instruments that evidence investments made with the money in the Fund;
(e) May contract with vendors for any good or service that is necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the Fund.
3. The interest and income earned on the money in the Fund must, after deducting any applicable charges, be credited to the Fund. All claims against the Fund must be paid as other claims against the State are paid.
4. The State Treasurer or the Department may submit to the Interim Finance Committee a request for an allocation for administrative expenses from the Fund pursuant to this section. Except as otherwise limited by this subsection, the Interim Finance Committee may allocate all or part of the money so requested. The annual allocation for administrative expenses from the Fund must:
(a) Not exceed 2 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the State Treasurer to administer the Fund; and
(b) Not exceed 5 percent of the money in the Fund, as calculated pursuant to this subsection, each year to pay the costs incurred by the Department, including, without limitation, the Aging and Disability Services Division of the Department, to carry out its duties set forth in NRS 439.630.
For the purposes of this subsection, the amount of money available for allocation to pay for the administrative costs must be calculated at the beginning of each fiscal year based on the total amount of money anticipated by the State Treasurer to be deposited in the Fund during that fiscal year.
5. The money in the Fund remains in the Fund and does not revert to the State General Fund at the end of any fiscal year.
6. All money that is deposited or paid into the Fund is hereby appropriated to be used for any purpose authorized by the Legislature or by the Department for expenditure or allocation in accordance with the provisions of NRS 439.630. Money expended from the Fund must not be used to supplant existing methods of funding that are available to public agencies.
(Added to NRS by 1999, 2756; A 2001, 2668; 2003, 1748; 2005, 918, 1255, 1329, 2047; 2007, 2337; 2010, 26th Special Session, 17; 2011, 2868; 2021, 64; 2023, 216)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.665 - Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits; eligibility for subsidies; waiver of eligibility requirements; coverage provided by Federal Government; authority of Department to change programs; eligibility of veterans for subsidies.

Repealed. (See chapter 48, Statutes of Nevada 2023, at page 220.)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.800 - Definitions.

As used in NRS 439.800 to 439.890, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.802 to 439.830, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2002 Special Session, 13; A 2005, 599; 2009, 552, 3068; 2011, 679, 1583; 2019, 1666)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.802 - "Facility-acquired infection" defined.

"Facility-acquired infection" means a localized or systemic condition which results from an adverse reaction to the presence of an infectious agent or its toxins and which was not detected as present or incubating at the time a patient was admitted to a medical facility, including, without limitation:
1. Surgical site infections;
2. Ventilator-associated pneumonia;
3. Central line-related bloodstream infections;
4. Urinary tract infections; and
5. Other categories of infections as may be established by the State Board of Health by regulation pursuant to NRS 439.890.
(Added to NRS by 2005, 599; A 2009, 553)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.803 - "Health facility" defined.

"Health facility" means:
1. Any facility licensed by the Division pursuant to chapter 449 of NRS; and
2. A home operated by a provider of community-based living arrangement services, as defined in NRS 449.0026.
(Added to NRS by 2019, 1666)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.805 - "Medical facility" defined.

"Medical facility" means:
1. A hospital, as that term is defined in NRS 449.012 and 449.0151;
2. A freestanding birthing center, as that term is defined in NRS 449.0065;
3. A surgical center for ambulatory patients, as that term is defined in NRS 449.0151 and 449.019; and
4. An independent center for emergency medical care, as that term is defined in NRS 449.013 and 449.0151.
(Added to NRS by 2002 Special Session, 13; A 2021, 3428)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.810 - "Patient" defined.

"Patient" means a person who:
1. Is admitted to a health facility for the purpose of receiving treatment;
2. Resides in a health facility; or
3. Receives treatment from a provider of health care.
(Added to NRS by 2002 Special Session, 13; A 2019, 1666)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.830 - "Sentinel event" defined.

1. Except as otherwise provided in subsection 2, "sentinel event" means:
(a) An event included in Appendix A of "Serious Reportable Events in Healthcare--2011 Update: A Consensus Report," published by the National Quality Forum; or
(b) Any death that occurs in a health facility.
2. If the publication described in subsection 1 is revised, the term "sentinel events" includes, without limitation, the events included on the most current version of the list of serious reportable events published by the National Quality Forum as it exists on the effective date of the revision which is deemed to be:
(a) January 1 of the year following the publication of the revision if the revision is published on or after January 1 but before July 1 of the year in which the revision is published; or
(b) July 1 of the year following the publication of the revision if the revision is published on or after July 1 of the year in which the revision is published but before January 1 of the year after the revision is published.
3. If the National Quality Forum ceases to exist, the most current version of the list shall be deemed to be the last version of the publication in existence before the National Quality Forum ceased to exist.
(Added to NRS by 2002 Special Session, 13; A 2005, 599; 2013, 217; 2019, 1666)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.835 - Mandatory reporting of sentinel events.

1. Except as otherwise provided in subsection 2:
(a) A person who is employed by a health facility shall, within 24 hours after becoming aware of a sentinel event that occurred at the health facility, notify the patient safety officer of the facility of the sentinel event; and
(b) The patient safety officer shall, within 13 days after receiving notification pursuant to paragraph (a), report the date, the time and a brief description of the sentinel event to:
(1) The Division; and
(2) The representative designated pursuant to NRS 439.855, if that person is different from the patient safety officer.
2. If the patient safety officer of a health facility personally discovers or becomes aware, in the absence of notification by another employee, of a sentinel event that occurred at the health facility, the patient safety officer shall, within 14 days after discovering or becoming aware of the sentinel event, report the date, time and brief description of the sentinel event to:
(a) The Division; and
(b) The representative designated pursuant to NRS 439.855, if that person is different from the patient safety officer.
3. The State Board of Health shall prescribe the manner in which reports of sentinel events must be made pursuant to this section.
(Added to NRS by 2002 Special Session, 13; A 2009, 553; 2019, 1667)