reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.137 - Advisory Board on Maternal and Child Health: Purpose and objectives.

The purpose of the Advisory Board is to advise the Administrator of the Division concerning perinatal care to enhance the survivability and health of infants and persons who are pregnant, are giving birth and have given birth, and concerning programs to improve the health of preschool children, to achieve the following objectives:
1. Ensuring the availability and accessibility of primary care health services;
2. Reducing the rate of infant mortality;
3. Reducing the incidence of preventable diseases and handicapping conditions among children;
4. Identifying the most effective methods of preventing fetal alcohol spectrum disorder and collecting information relating to the incidence of fetal alcohol spectrum disorders in this state;
5. Preventing the consumption of alcohol by women during pregnancy;
6. Reducing the need for inpatient and long-term care services;
7. Increasing the number of children who are appropriately immunized against disease;
8. Increasing the number of children from low-income families who are receiving assessments of their health;
9. Ensuring that services to follow up the assessments are available, accessible and affordable to children identified as in need of those services;
10. Assisting the Division in developing a program of public education that it is required to develop pursuant to NRS 442.385, including, without limitation, preparing and obtaining information relating to fetal alcohol spectrum disorders;
11. Assisting the University of Nevada School of Medicine in reviewing, amending and distributing the guidelines it is required to develop pursuant to NRS 442.390; and
12. Promoting the health of infants and persons who are pregnant, are giving birth or have given birth by ensuring the availability and accessibility of affordable perinatal services.
(Added to NRS by 1991, 2295; A 2003, 1360; 2021, 3434; 2023, 1748)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.140 - State plan concerning services for maternal and child health; regulations.

1. The Department may:
(a) Formulate, adopt and administer, through the State Board of Health and the Division, a detailed plan for the purposes specified in NRS 442.130.
(b) Adopt, through the State Board of Health, regulations necessary for the administration of the plan and the administration of NRS 442.130 to 442.170, inclusive.
2. In developing and revising the plan, the Department shall consider:
(a) The amount of money available from the Federal Government for services relating to maternal and child health;
(b) The conditions attached to the acceptance of money from the Federal Government; and
(c) The limitations of legislative appropriations for services relating to maternal and child health.
[Part 2:126:1937; 1931 NCL § 5317.02]—(NRS A 1963, 948; 1981, 1899; 1991, 2295)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.150 - Provisions to be included in state plan.

A plan formulated in accordance with NRS 442.140 must include provisions for:
1. Financial participation by this State.
2. Administration of the plan by the Department, through the Division, and supervision by the Department, through the Division, of the administration of any service included in the plan that is not administered directly by the Division.
3. Such methods of administration as are necessary for efficient operation of the plan.
4. Maintenance of records and preparation, submission and filing of reports of services rendered.
5. Cooperation with local medical, health, nursing and welfare groups and organizations for the purpose of extending and improving maternal and child health.
6. Receiving and expending in the manner provided in NRS 442.130 to 442.170, inclusive, and in accordance with the plan, any money made available to the Department by the Federal Government, the State or its political subdivisions, or from any other source.
7. Cooperating with the Federal Government, through its appropriate agency or instrumentality:
(a) In developing, extending and improving services;
(b) In the administration of the plan; and
(c) In developing demonstration services in needy areas among groups in special need.
8. Carrying out the purposes specified in NRS 442.130.
[Part 2:126:1937; 1931 NCL § 5317.02]—(NRS A 1963, 948; 1991, 2296)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.160 - Duties of Administrator of Division.

1. The Administrator of the Division is the administrative officer of the Division with respect to the administration and enforcement of:
(a) The provisions of NRS 442.130 to 442.170, inclusive;
(b) The plan formulated and adopted for the purposes of NRS 442.130 to 442.170, inclusive; and
(c) All regulations necessary thereto and adopted by the State Board of Health.
2. The Administrator shall administer and enforce all regulations adopted by the State Board of Health for the efficient operation of the plan formulated by the State Board of Health and the Division for the purposes of NRS 442.130 to 442.170, inclusive.
3. The Administrator shall:
(a) Maintain his or her office in Carson City, Nevada, or elsewhere in the State as directed by the Director.
(b) Keep in his or her office all records, reports, papers, books and documents pertaining to the subjects of NRS 442.130 to 442.170, inclusive.
(c) If directed by the terms of the plan or by the Director, provide such medical, surgical or other services as are necessary to carry out the provisions of the plan and of NRS 442.130 to 442.170, inclusive.
4. The Administrator, with the assistance of the Chief Medical Officer, shall make such reports, in such form and containing such information concerning the subjects of NRS 442.130 to 442.170, inclusive, as required by the Secretary of Health and Human Services.
5. The Administrator shall, in accordance with the rules and regulations of the Secretary of Health and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the State Treasurer all money allotted to this State by the Federal Government for the purposes of NRS 442.130 to 442.170, inclusive. The Administrator shall cause to be paid out of the State Treasury the money deposited for the purposes of NRS 442.130 to 442.170, inclusive.
[3:126:1937; 1931 NCL § 5317.03]—(NRS A 1963, 948; 1983, 137, 834; 1991, 2296; 2013, 3049)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.170 - Account for Maternal and Child Health Services.

1. The State Treasurer is custodian of all money appropriated by this State, allotted to this State by the Federal Government or received by this State from other sources, for the purposes of NRS 442.130 to 442.170, inclusive.
2. The Division shall deposit the money in the State Treasury for credit to the Account for Maternal and Child Health Services.
3. All claims and demands against the Account must be paid only upon the Administrator’s certifying the claims and demands in proper vouchers to the State Controller who shall thereupon draw his or her warrant or warrants therefor, and the State Treasurer shall pay them.
[4:126:1937; 1931 NCL § 5317.04]—(NRS A 1963, 949; 1983, 397, 835; 1991, 2297)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.180 - Program of services: Administration; purposes.

1. The Department is hereby designated as the agency of this State to administer a program of service for children who have special health care needs or who are suffering from conditions which lead to a handicap, and to supervise the administration of those services included in the program which are not administered directly by it.
2. The purpose of the program is to develop, extend and improve services for locating such children, and for providing for medical, surgical, corrective and other services and care, and providing facilities for diagnosis, hospitalization and aftercare.
[1:119:1937; 1931 NCL § 5316.01]—(NRS A 1963, 949; 1991, 282)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.190 - State plan for services; regulations.

1. The Department may:
(a) Formulate, adopt and administer, through the State Board of Health and the Division, a detailed plan or plans for the purposes specified in NRS 442.180.
(b) Adopt, through the State Board of Health, regulations necessary for the administration of the plan or plans and the administration of NRS 442.180 to 442.220, inclusive.
2. In developing and revising the plan or plans, the Department shall consider, among other things, the amount of money available from the Federal Government for services to children with special health care needs and the conditions attached to the acceptance of such money, and the limitations of legislative appropriations for services to children with special health care needs.
[Part 2:119:1937; 1931 NCL § 5316.02]—(NRS A 1963, 950; 1975, 74; 1981, 1900; 1991, 282)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.200 - Provisions to be included in state plan.

Such plan or plans shall in any event include therein provisions for:
1. Financial participation by this State.
2. Administration of such plan or plans by the Department, through the Division, and supervision by the Department, through the Division, of the administration of such services included in the plan or plans which are not administered directly by the Division.
3. Such methods of administration as are necessary for efficient operation of such plan or plans.
4. Maintenance of records and preparation, submission and filing of reports of services rendered.
5. Cooperation with medical, health, nursing and welfare groups and organizations, and with any agency of the State charged with the administration of laws providing for vocational rehabilitation of children with disabilities.
6. Receiving and expending in the manner provided in NRS 442.180 to 442.220, inclusive, in accordance with such plan or plans, all funds made available to the Department by the Federal Government, the State or its political subdivisions, or from any other source for such purposes.
7. Cooperating with the Federal Government, through its appropriate agency or instrumentality, in developing, extending and improving such services and in the administration of such plan or plans.
8. Carrying out the purposes specified in NRS 442.180.
[Part 2:119:1937; 1931 NCL § 5316.02]—(NRS A 1963, 950; 1975, 75)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.210 - Duties of Administrator of Division.

1. The Administrator of the Division shall administer and enforce the provisions of NRS 442.180 to 442.220, inclusive, and of the plan or plans formulated and adopted for the purposes of NRS 442.180 to 442.220, inclusive, and all regulations necessary thereto and adopted by the State Board of Health.
2. The Administrator shall administer and enforce all regulations adopted by the State Board of Health for the efficient operation of such plan or plans formulated by the State Board of Health and the Division for the purposes of NRS 442.180 to 442.220, inclusive.
3. The Administrator shall maintain his or her office in Carson City, Nevada, or elsewhere in the State as directed by the Director, and keep therein all records, reports, papers, books and documents pertaining to the subjects of NRS 442.180 to 442.220, inclusive. The Administrator, when directed by the terms of any plan or plans perfected, or by the Director, shall provide in such places within the State such medical, surgical or other agency or agencies as may be necessary to carry out the provisions of such plan or plans and of NRS 442.180 to 442.220, inclusive. If the proper medical or surgical services cannot be had within the State for any child with special health care needs, the Secretary of the State Board of Health may provide for those services in some other state.
4. The Administrator shall, from time to time as directed by the Secretary of Health and Human Services, make reports, in such form and containing such information concerning the subjects of NRS 442.180 to 442.220, inclusive, as the Secretary of Health and Human Services requires.
5. The Administrator shall from time to time pursuant to the rules and regulations of the Secretary of Health and Human Services and of the Secretary of the Treasury, requisition and cause to be deposited with the State Treasurer all money allotted to this state by the Federal Government for the purposes of NRS 442.180 to 442.220, inclusive. The Administrator shall cause to be paid out of the State Treasury the money therein deposited for the purposes of NRS 442.180 to 442.220, inclusive.
[3:119:1937; 1931 NCL § 5316.03]—(NRS A 1963, 951; 1975, 75; 1983, 138, 835; 1991, 282; 2013, 3049)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.215 - Recovery of costs of corrective treatment from parents by Administrator of Division.

1. The Administrator of the Division may recover costs of corrective treatment for children with special health care needs from the parents of the child who receives the treatment, pursuant to subsections 2 and 3.
2. The Administrator shall investigate the financial circumstances of a parent of a child with special health care needs for whom an application is made to determine whether part or all of the expenses for treatment should be paid for by such parent.
3. The Administrator may authorize corrective treatment for a child with special health care needs at state expense when it is determined that the parent of the child is unable to pay the cost of this treatment or any part thereof. A determination of ability to pay and eligibility for payment at state expense must be based on the following factors:
(a) Resources of the parent, including hospital and medical insurance;
(b) Other available sources of payment, including state aid for medically indigent families;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
4. As used in this section, "parent" means a natural parent or an adoptive parent.
(Added to NRS by 1969, 1090; A 1977, 471; 1983, 836; 1991, 283)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.217 - Authorization required before purchased services provided; exception.

1. All services purchased for children with special health care needs pursuant to NRS 442.180 to 442.220, inclusive, must be authorized by the Division before the time such services are provided, and a record of such authorizations must be retained as part of the child’s case record in the Division.
2. Authorizations for services provided during the hours when the offices of the Division are closed may be issued retroactively, provided that:
(a) The child meets the eligibility requirements of the Program; and
(b) The Division is notified by the physician, hospital or other provider of services within 72 hours following the time service was provided.
(Added to NRS by 1975, 74; A 1991, 284)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.220 - Account for Children’s Special Health Care Services.

1. The State Treasurer is custodian of all money appropriated by this State, allotted to this State by the Federal Government or received by this State from other sources, for the purposes of NRS 442.180 to 442.220, inclusive.
2. The Division shall deposit the money in the State Treasury for credit to the Account for Children’s Special Health Care Services.
3. All claims and demands against the Account must be paid only upon the Administrator’s certifying the claims and demands in proper vouchers to the State Controller who shall thereupon draw his or her warrant or warrants therefor, and the State Treasurer shall pay them.
[4:119:1937; 1931 NCL § 5316.04]—(NRS A 1963, 951; 1975, 76; 1983, 398, 836; 1991, 284)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.230 - Cooperative agreement with Federal Government to find, diagnose and treat children with special health care needs.

1. The Department may enter into a cooperative agreement or agreements with the United States Department of Health and Human Services, prescribing the manner, terms and conditions of cooperation by the Department and the United States Department of Health and Human Services in providing for the finding, diagnosis and treatment of children with special health care needs, including children with rheumatic fever.
2. Such agreements may provide for the amounts which the State and the Federal Government will contribute under the agreement, and the Department shall be bound and governed by such agreement or agreements.
[1:324:1951]—(NRS A 1963, 952; 1983, 139; 1991, 284)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.240 - "Abortion" defined.

As used in NRS 442.240 to 442.270, inclusive, unless the context requires otherwise, "abortion" means the termination of a human pregnancy with an intention other than to produce the birth of an infant capable of sustained survival by natural or artificial supportive systems or to remove a dead fetus.
(Added to NRS by 1973, 1637; A 1981, 1163; 1985, 2307)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.250 - Conditions under which abortion permitted. [NRS 442.250 was submitted to and approved by referendum at the 1990 general election and therefore is not subject to legislative amendment or repeal.]

1. No abortion may be performed in this state unless the abortion is performed:
(a) By a physician licensed to practice in this state or by a physician in the employ of the government of the United States who:
(1) Exercises his or her best clinical judgment in the light of all attendant circumstances including the accepted professional standards of medical practice in determining whether to perform an abortion; and
(2) Performs the abortion in a manner consistent with accepted medical practices and procedures in the community.
(b) Within 24 weeks after the commencement of the pregnancy.
(c) After the 24th week of pregnancy only if the physician has reasonable cause to believe that an abortion currently is necessary to preserve the life or health of the pregnant woman.
2. All abortions performed after the 24th week of pregnancy or performed when, in the judgment of the attending physician, there is a reasonable likelihood of the sustained survival of the fetus outside of the womb by natural or artificial supportive systems must be performed in a hospital licensed under chapter 449 of NRS.
3. Before performing an abortion pursuant to subsection 2, the attending physician shall enter in the permanent records of the patient the facts on which the physician based his or her best clinical judgment that there is a substantial risk that continuance of the pregnancy would endanger the life of the patient or would gravely impair the physical or mental health of the patient.
(Added to NRS by 1973, 1637; A 1975, 367; 1977, 961; 1981, 1164; 1985, 2307)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.252 - Physician to obtain informed consent before performing abortion.

No physician may perform an abortion in this state unless, before the physician performs it, he or she obtains the informed consent of the woman seeking the abortion pursuant to NRS 442.253.
(Added to NRS by 1981, 1162; A 1985, 2308; 2019, 1502)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.253 - Requirements for informed consent.

1. The attending physician or a person meeting the qualifications established by regulations adopted by the Division shall:
(a) In an accurate and thorough manner which is reasonably likely to be understood by the pregnant woman, orally:
(1) Explain that, in his or her professional judgment, she is pregnant and a copy of her pregnancy test is available to her.
(2) Inform her of the estimated gestational age.
(3) Explain:
(I) The procedure to be used and the proper procedures for her care after the abortion.
(II) The discomforts and risks that may accompany or follow the procedure.
(III) If an interpreter is available to assist the woman because the woman does not understand the language used on a form indicating consent or the language used by the attending physician or person meeting the qualifications established by regulations adopted by the Division, that an interpreter is available to provide the explanation.
(b) Offer to answer any questions the woman has concerning the procedure.
(c) Provide the woman with a copy of a form indicating consent.
2. The form indicating consent provided pursuant to subsection 1 must clearly describe the nature and consequences of the procedure to be used.
3. Informed consent shall be deemed to have been given by a woman seeking an abortion for the purposes of NRS 442.252 when:
(a) The form indicating consent provided pursuant to paragraph (c) of subsection 1 has been signed and dated by:
(1) The woman;
(2) The interpreter, if an interpreter is used;
(3) The attending physician who will perform the procedure; and
(4) The person meeting the qualifications established by regulations adopted by the Division if such a person performs the duties prescribed in subsection 1; and
(b) If the form indicating consent is not written in a language understood by the woman, the person who performs the duties prescribed in subsection 1 has certified on the form that the information described in subsection 1 has been presented in such a manner as to be understood by the woman.
(Added to NRS by 1981, 1162; A 1985, 2308; 2019, 1503)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.255 - Notice to custodial parent or guardian; request for authorization for abortion; rules of civil procedure inapplicable.

1. Unless in the judgment of the attending physician an abortion is immediately necessary to preserve the patient’s life or health or an abortion is authorized pursuant to subsection 2 or NRS 442.2555, a physician shall not knowingly perform or induce an abortion upon an unmarried and unemancipated woman who is under the age of 18 years unless a custodial parent or guardian of the woman is personally notified before the abortion. If the custodial parent or guardian cannot be so notified after a reasonable effort, the physician shall delay performing the abortion until the physician has notified the parent or guardian by certified mail at the last known address of the parent or guardian.
2. An unmarried or unemancipated woman who is under the age of 18 years may request a district court to issue an order authorizing an abortion. If so requested, the court shall interview the woman at the earliest practicable time, which must be not more than 2 judicial days after the request is made. If the court determines, from any information provided by the woman and any other evidence that the court may require, that:
(a) She is mature enough to make an intelligent and informed decision concerning the abortion;
(b) She is financially independent or is emancipated; or
(c) The notice required by subsection 1 would be detrimental to her best interests,
the court shall issue an order within 1 judicial day after the interview authorizing a physician to perform the abortion in accordance with the provisions of NRS 442.240 to 442.270, inclusive.
3. If the court does not find sufficient grounds to authorize a physician to perform the abortion, it shall enter an order to that effect within 1 judicial day after the interview. If the court does not enter an order either authorizing or denying the performance of the abortion within 1 judicial day after the interview, authorization shall be deemed to have been granted.
4. The court shall take the necessary steps to ensure that the interview and any other proceedings held pursuant to this subsection or NRS 442.2555 are confidential. The rules of civil procedure do not apply to any action taken pursuant to this subsection.
(Added to NRS by 1981, 1163; A 1985, 2309)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.2555 - Procedure if district court denies request for authorization for abortion: Petition; hearing on merits; appeal.

1. If the order is denied pursuant to NRS 442.255, the court shall, upon request by the minor if it appears that she is unable to employ counsel, appoint an attorney to represent her in the preparation of a petition, a hearing on the merits of the petition, and on an appeal, if necessary. The compensation and expenses of the attorney are a charge against the county as provided in the following schedule:
(a) For consultation, research and other time reasonably spent on the matter, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The petition must set forth the initials of the minor, the age of the minor, the estimated number of weeks elapsed from the probable time of conception, and whether maturity, emancipation, notification detrimental to the minor’s best interests or a combination thereof are relied upon in avoidance of the notification required by NRS 442.255. The petition must be initialed by the minor.
3. A hearing on the merits of the petition, on the record, must be held as soon as possible and within 5 judicial days after the filing of the petition. At the hearing the court shall hear evidence relating to:
(a) The minor’s emotional development, maturity, intellect and understanding;
(b) The minor’s degree of financial independence and degree of emancipation from parental authority;
(c) The minor’s best interests relative to parental involvement in the decision whether to undergo an abortion; and
(d) Any other evidence that the court may find useful in determining whether the minor is entitled to avoid parental notification.
4. In the decree, the court shall, for good cause:
(a) Grant the petition, and give judicial authorization to permit a physician to perform an abortion without the notification required in NRS 442.255; or
(b) Deny the petition, setting forth the grounds on which the petition is denied.
5. An appeal from an order issued under subsection 4 may be taken to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, which shall suspend the Nevada Rules of Appellate Procedure pursuant to NRAP 2 to provide for an expedited appeal. The notice of intent to appeal must be given within 1 judicial day after the issuance of the order. The record on appeal must be perfected within 5 judicial days after the filing of the notice of appeal and transmitted to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court. The appellate court of competent jurisdiction shall, by court order or rule, provide for a confidential and expedited appellate review of cases appealed under this section.
(Added to NRS by 1985, 2306; A 2013, 1784)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.256 - Records.

A physician who performs an abortion shall maintain a record of it for at least 5 years after it is performed. The record must contain:
1. The form indicating consent completed in compliance with subsection 3 of NRS 442.253.
2. A statement of the information which was provided to the woman pursuant to NRS 442.253.
3. A description of efforts to give any notice required by NRS 442.255.
(Added to NRS by 1981, 1163; A 1985, 2310; 2019, 1504)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.260 - Division to adopt regulations governing performance and reporting of abortions.

1. The Division shall adopt and enforce regulations governing the conditions under and the methods by which abortions may be performed, the reasonable minimum qualifications of a person authorized to provide the information required in NRS 442.253, as well as all other aspects pertaining to the performance of abortions pursuant to NRS 442.250.
2. The Division shall adopt and enforce regulations for a system for reporting abortions. This system must be designed to preserve confidentiality of information on the identity of women upon whom abortions are performed. The Division may require that the following items be reported for each abortion:
(a) The date of the abortion;
(b) The place of the abortion including the city, county and state;
(c) The type of facility;
(d) The usual residence of the woman, including the city, county and state;
(e) Her age;
(f) Her ethnic group or race;
(g) Her marital status;
(h) The number of previous live births;
(i) The number of previous induced abortions;
(j) The duration of her pregnancy, as measured from first day of last normal menses to date of abortion, and as estimated by uterine size prior to performance of the abortion;
(k) The type of abortion procedure; and
(l) If a woman has had a previously induced abortion, the information in paragraphs (a) to (k), inclusive, or as much thereof as can be reasonably obtained, for each previous abortion.
3. The Division may adopt regulations to permit studies of individual cases of abortion, but these studies must not be permitted unless:
(a) Absolute assurance is provided that confidentiality of information on the persons involved will be preserved;
(b) Informed consent of each person involved in the study is obtained in writing;
(c) The study is conducted according to established standards and ethics; and
(d) The study is related to problems of health and has scientific merit with regard to both design and the importance of the problems to be solved.
(Added to NRS by 1973, 1638; A 1973, 1406; 1985, 2310; 2013, 3050)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.265 - Hospital to submit monthly report to State Registrar of Vital Statistics.

Each hospital shall submit a monthly report to the State Registrar of Vital Statistics which contains the following information:
1. The number of patients admitted for hospital care for a complication which resulted from an abortion;
2. The nature of the complication by its diagnostic name; and
3. The type of abortion.
(Added to NRS by 1981, 1941)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.268 - Civil immunity of person performing judicially authorized abortion in accordance with provisions of NRS 442.240 to 442.270, inclusive.

If an abortion is judicially authorized and the provisions of NRS 442.240 to 442.270, inclusive, are complied with, an action by the parents or guardian of the minor against persons performing the abortion is barred. This civil immunity extends to the performance of the abortion and any necessary accompanying services which are performed in a competent manner. The costs of the action, if brought, must be borne by the parties respectively.
(Added to NRS by 1985, 2307)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.270 - Liability for failure to exercise reasonable care to preserve life of infant born as result of attempted abortion.

Whenever an abortion results in the birth of an infant capable of sustained survival by natural or artificial supportive systems, the failure to take all reasonable steps, in keeping with good medical practice, to preserve the life and health of the infant subjects the person performing the abortion to the laws of this state governing criminal liability and civil liability for wrongful death and medical malpractice.
(Added to NRS by 1973, 1639; A 1975, 368; 1985, 2311)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.300 - Definitions.

As used in NRS 442.300 to 442.330, inclusive, unless the context otherwise requires, the words and terms defined in NRS 442.305, 442.310 and 442.315 have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 3509)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.320 - Statewide system for collection and analysis of information: Establishment and maintenance; regulations.

1. The Division, in cooperation with the University of Nevada School of Medicine, shall establish and maintain a statewide system for the collection and analysis of information concerning birth defects and other adverse birth outcomes.
2. The State Board of Health shall adopt regulations to carry out the provisions of NRS 442.300 to 442.330, inclusive. The regulations must:
(a) Establish a procedure to inform a patient that the patient’s name will be used for research and referrals to related services unless the patient requests the exclusion of his or her name from the system; and
(b) Require the exclusion from the system of the name of a patient if the patient or, if the patient is a minor, a parent or legal guardian of the patient has requested in writing to exclude the name of the patient from the system.
3. The provisions of NRS 442.300 to 442.330, inclusive, do not authorize any prenatal genetic testing of children.
(Added to NRS by 1999, 3509)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.325 - Provision of certain information by chief administrative officer of hospital or freestanding birthing center; exclusion of name of patient; preparation of abstracts.

1. Except as otherwise provided in subsection 2, the chief administrative officer of each hospital and freestanding birthing center or a representative of the officer shall:
(a) Prepare and make available to the Chief Medical Officer or a representative of the Officer a list of:
(1) Patients who are under 7 years of age and have been diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birth outcomes; and
(b) Make available to the Chief Medical Officer or a representative of the Officer the records of the hospital or freestanding birthing center regarding:
(1) Patients who are under 7 years of age and have been diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birth outcomes.
2. The name of a patient must be excluded from the information prepared and made available pursuant to subsection 1 if the patient or, if the patient is a minor, a parent or legal guardian of the patient has requested in writing to exclude the name of the patient from that information in the manner prescribed by the State Board of Health pursuant to NRS 442.320. The provisions of this subsection do not relieve the chief administrative officer of the duty of preparing and making available the information required by subsection 1.
3. The Chief Medical Officer or a representative of the Officer shall abstract from the records and lists required to be prepared and made available pursuant to this section such information as is required by the State Board of Health for inclusion in the system.
4. As used in this section, "hospital" has the meaning ascribed to it in NRS 449.012.
(Added to NRS by 1999, 3509)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.330 - Access to and use of information obtained by system: Restrictions; exceptions; regulations.

1. Except as otherwise provided in NRS 439.597, information obtained by the system from any source may be used only:
(a) To investigate the causes of birth defects and other adverse birth outcomes;
(b) To determine, evaluate and develop strategies to prevent the occurrence of birth defects and other adverse birth outcomes;
(c) To assist in the early detection of birth defects; and
(d) To assist in ensuring the delivery of services for children identified with birth defects.
2. The State Board of Health shall adopt regulations to ensure that, except as otherwise provided in subsection 3 and NRS 439.597:
(a) Access to information contained in the system is limited to persons authorized and approved by the Chief Medical Officer or a representative of the Officer who are employed by the Division or the University of Nevada School of Medicine.
(b) Any information obtained by the system that would reveal the identity of a patient remains confidential.
(c) Information obtained by the system is used solely for the purposes set forth in subsection 1.
3. This section does not prohibit the publishing of statistical compilations relating to birth defects and other adverse birth outcomes that do not in any manner identify individual patients or individual sources of information.
(Added to NRS by 1999, 3510; A 2007, 1978)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.340 - Health warning about effects of smoking during pregnancy to be posted in certain retail establishments.

1. Each retail establishment in which cigarettes are sold or offered for sale shall post at least one sign that meets the requirements of this section in a location conspicuous to the patrons of the establishment. The contents of the warning may be included on any other sign which the retail establishment is required to post in a location conspicuous to the patrons of the establishment.
2. Each sign required by subsection 1 must be not less than 8 by 5 1/2 inches in size and must contain a notice in boldface type that is clearly legible and, except as otherwise provided in subsection 4, is in substantially the following form:
HEALTH WARNING
Smoking tobacco during pregnancy can cause birth defects, premature birth and low birth weight.
¡ADVERTENCIA!
Fumar tabaco durante el embarazo puede causar daño a su bebé al nacer, que nazca prematuro y que nazca bajo de peso.
3. The letters in the words "HEALTH WARNING" and "¡ADVERTENCIA!" in the sign must be written in not less than 28-point type, and the letters in all other words in the sign must be written in not less than 24-point type.
4. The Division may provide by regulation for one or more alternative forms for the language of the warning to be included on the signs required by subsection 1 to increase the effectiveness of the signs. Each alternative form must contain substantially the same message as is stated in subsection 2. The Division and the local boards of health may solicit and accept donations of signs that satisfy the requirements of this section from a nonprofit organization or any other source. To the extent that such signs are donated, the Division or the local boards of health, as applicable, shall distribute the signs upon request to retail establishments that are required to post such signs.
(Added to NRS by 2011, 824)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.385 - Development and implementation of program of public education by Division.

The Division shall develop and carry out a program of public education to increase public awareness about the dangers of fetal alcohol spectrum disorders and other adverse effects on a fetus that may result from the consumption of alcohol during pregnancy. The program must include, without limitation:
1. Educational messages that are directed toward the general public and specific geographical areas and groups of persons in this State that are identified pursuant to subsection 1 of NRS 442.420 as having women who are at a high risk of consuming alcohol during pregnancy.
2. Providing training materials to school personnel to assist them in identifying pupils who may be suffering from a fetal alcohol spectrum disorder and offering to provide the parents of those pupils with a referral for diagnostic services and treatment.
3. If a toll-free telephone service is otherwise provided by the Division, the use of that telephone service for providing information relating to programs for the treatment of substance use disorders, providers of health care or other services and other available resources, and referrals to those programs, if appropriate. The telephone number must be disclosed in the educational messages provided pursuant to this section.
(Added to NRS by 1999, 1059; A 2003, 1360; 2023, 1749)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.390 - Development of guidelines for providers of health care or other services by University of Nevada School of Medicine.

The University of Nevada School of Medicine shall develop guidelines to assist a provider of health care or other services in identifying:
1. Pregnant women who are at a high risk of consuming alcohol during pregnancy; and
2. Children who are suffering from fetal alcohol spectrum disorders.
(Added to NRS by 1999, 1060; A 2003, 1361; 2023, 1749)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.395 - Confidentiality of reports and associated documentation relating to certain referrals to Division.

Except as otherwise provided in NRS 239.0115 and 439.597, if a pregnant woman is referred to the Division by a provider of health care or other services for information relating to programs for the prevention and treatment of fetal alcohol spectrum disorders, any report relating to the referral or other associated documentation is confidential and must not be used in any criminal prosecution of the woman.
(Added to NRS by 1999, 1060; A 2007, 1978, 2109; 2023, 1749)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.400 - Request for and use of certain information from natural parent of child to be placed for adoption.

The agency which provides child welfare services or a licensed child-placing agency shall inquire, during its initial contact with a natural parent of a child who is to be placed for adoption, about consumption of alcohol by or any substance use disorder of the person who gave birth to the child during pregnancy. The information obtained from the inquiry must be:
1. Included in the report provided to the adopting parents of the child pursuant to NRS 127.152; and
2. Reported to the Division on a form prescribed by the Division. The report must not contain any identifying information and may be used only for statistical purposes.
(Added to NRS by 1999, 1060; A 2001 Special Session, 54; 2021, 3435)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.405 - Request for and use of certain information from natural parent of child to be placed in family foster home.

1. The agency which provides child welfare services shall inquire, during its initial contact with a natural parent of a child who is to be placed in a family foster home, about consumption of alcohol by or any substance use disorder of the person who gave birth to the child during pregnancy. The information obtained from the inquiry must be:
(a) Provided to the provider of foster care pursuant to NRS 424.038; and
(b) Reported to the Division on a form prescribed by the Division. The report must not contain any identifying information and may be used only for statistical purposes.
2. As used in this section, "family foster home" has the meaning ascribed to it in NRS 424.013.
(Added to NRS by 1999, 1061; A 2001 Special Session, 54; 2013, 1455; 2021, 3435)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.410 - Request for and use of certain information from natural parent of child whom court determines must be kept in temporary or permanent custody.

An agency which provides child welfare services shall inquire, during its initial contact with a natural parent of a child whom a court has determined must be kept in temporary or permanent custody, about consumption of alcohol by or any substance use disorder of the person who gave birth to the child during pregnancy. The information obtained from the inquiry must be:
1. Included in the report the agency is required to make pursuant to NRS 432B.540; and
2. Reported to the Division on a form prescribed by the Division. The report must not contain any identifying information and may be used only for statistical purposes.
(Added to NRS by 1999, 1061; A 2001 Special Session, 54; 2021, 3435)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.420 - Division: Development and maintenance of system for monitoring disorders.

The Division shall develop and maintain a system for monitoring fetal alcohol spectrum disorders that may include, without limitation, a method of:
1. Identifying the geographical areas in this state in which women are at a high risk of consuming alcohol during pregnancy and groups of persons in this state that include such women;
2. Identifying and evaluating deficiencies in existing systems for delivering perinatal care; and
3. Collecting and analyzing data relating to systems for delivering perinatal care.
(Added to NRS by 1999, 1061; A 2023, 1749)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.425 - Gifts, grants and contributions: Application for and acceptance by Division; administration and use.

1. The Division may apply for and accept gifts, grants and contributions from any public or private source to carry out its duties pursuant to the provisions of NRS 442.385 to 442.425, inclusive.
2. The Division shall account separately for the money received from those gifts, grants or contributions. The Administrator of the Division shall administer the account, and all claims against the account must be approved by the Administrator before they are paid.
3. The money in the account must be used only to carry out the provisions of NRS 442.385 to 442.425, inclusive.
(Added to NRS by 1999, 1060; A 2003, 1361)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.500 - Definitions.

As used in NRS 442.500 to 442.590, inclusive, unless the context otherwise requires, the words and terms defined in NRS 442.510, 442.520 and 442.530 have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2460)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.530 - "Provider of hearing screenings" defined.

"Provider of hearing screenings" means a health care provider who, within the scope of his or her license or certificate, provides for hearing screenings of newborn children in accordance with NRS 442.500 to 442.590, inclusive. The term includes a licensed audiologist, a licensed physician or an appropriately supervised person who has documentation that demonstrates to the State Board of Health that he or she has completed training specifically for conducting hearing screenings of newborn children.
(Added to NRS by 2001, 2460)
2023 Nevada Revised Statutes › Chapter 442 - Maternal and Child Health; Abortion › NRS 442.540 - Certain medical facilities prohibited from discharging newborn child born in facility until child has undergone or been referred for hearing screening; exception; regulations.

1. Except as otherwise provided in this section and NRS 442.560, a licensed hospital in this state that provides services for maternity care and the care of newborn children and a licensed freestanding birthing center in this state shall not discharge a newborn child who was born in the facility until the newborn child has undergone a hearing screening for the detection of hearing loss to prevent the consequences of unidentified disorders, or has been referred for such a hearing screening.
2. The requirements of subsection 1 do not apply to a hospital in which fewer than 500 childbirths occur annually.
3. The State Board of Health shall adopt such regulations as are necessary to carry out the provisions of NRS 442.500 to 442.590, inclusive.
(Added to NRS by 2001, 2461)