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2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.837 - Mandatory investigation of sentinel event by health facility; exceptions.

1. Except as otherwise provided in subsections 2 and 3, a health facility shall, upon reporting a sentinel event pursuant to NRS 439.835, conduct an investigation or cause an investigation to be conducted concerning the causes or contributing factors, or both, of the sentinel event and implement a plan to remedy the causes or contributing factors, or both, of the sentinel event.
2. A health facility is not required to take the actions described in subsection 1 concerning a death confirmed to have resulted from natural causes.
3. A residential facility for groups, home for individual residential care or facility for hospice care is not required to take the actions described in subsection 1 concerning a death that appears to have resulted from natural causes.
4. As used in this section:
(a) "Facility for hospice care" has the meaning ascribed to it in NRS 449.0033.
(b) "Home for individual residential care" has the meaning ascribed to it in NRS 449.0105.
(c) "Residential facility for groups" has the meaning ascribed to it in NRS 449.017.
(Added to NRS by 2009, 3068; A 2019, 1667)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.840 - Reports of sentinel events: Duties of Division; confidentiality.

1. The Division shall:
(a) Collect and maintain reports received pursuant to NRS 439.835 and 439.843 and any additional information requested by the Division pursuant to NRS 439.841;
(b) Ensure that such reports, and any additional documents created from such reports, are protected adequately from fire, theft, loss, destruction and other hazards and from unauthorized access;
(c) Annually prepare a report of sentinel events reported pursuant to NRS 439.835 by a health facility, including, without limitation, the type of event, the number of events, the rate of occurrence of events, and the health facility which reported the event, and provide the report for inclusion on the Internet website maintained pursuant to NRS 439A.270; and
(d) Annually prepare a summary of the reports received pursuant to NRS 439.835 and provide a summary for inclusion on the Internet website maintained pursuant to NRS 439A.270. The Division shall maintain the confidentiality of the patient, the provider of health care or other member of the staff of the health facility identified in the reports submitted pursuant to NRS 439.835 when preparing the annual summary pursuant to this paragraph.
2. Except as otherwise provided in this section and NRS 239.0115, reports received pursuant to NRS 439.835 and subsection 1 of NRS 439.843 and any additional information requested by the Division pursuant to NRS 439.841 are confidential, not subject to subpoena or discovery and not subject to inspection by the general public.
3. The report prepared pursuant to paragraph (c) of subsection 1 must provide to the public information concerning each health facility which provided medical services and care in the immediately preceding calendar year and must:
(a) Be presented in a manner that allows a person to view and compare the information for the health facilities;
(b) Be readily accessible and understandable by a member of the general public;
(c) Use standard statistical methodology, including without limitation, risk-adjusted methodology when applicable, and include the description of the methodology and data limitations contained in the report;
(d) Not identify a patient, provider of health care or other member of the staff of the health facility; and
(e) Not be reported for a health facility if reporting the data would risk identifying a patient.
(Added to NRS by 2002 Special Session, 14; A 2007, 2107; 2009, 553, 3068; 2011, 836, 1799; 2019, 1668)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.841 - Authority of Division to request additional information or to conduct audit or investigation; report of findings; payment of costs.

1. Upon receipt of a report pursuant to NRS 439.835, the Division may, as often as deemed necessary by the Administrator to protect the health and safety of the public, request additional information regarding the sentinel event or conduct an audit or investigation of the health facility.
2. A health facility shall provide to the Division any information requested in furtherance of a request for information, an audit or an investigation pursuant to this section.
3. If the Division conducts an audit or investigation pursuant to this section, the Division shall, within 30 days after completing such an audit or investigation, report its findings to the State Board of Health.
4. A health facility which is audited or investigated pursuant to this section shall pay to the Division the actual cost of conducting the audit or investigation.
(Added to NRS by 2009, 552; A 2019, 1669)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.843 - Annual summaries of reports of sentinel events; compilation by Division; confidentiality; posting of patient safety plans by Department on Internet website.

1. On or before March 1 of each year, each health facility shall provide to the Division, in the form prescribed by the State Board of Health, a summary of the reports submitted by the health facility pursuant to NRS 439.835 during the immediately preceding calendar year. The summary must include, without limitation:
(a) The total number and types of sentinel events reported by the health facility, if any;
(b) For a medical facility:
(1) A copy of the most current patient safety plan established pursuant to NRS 439.865; and
(2) A summary of the membership and activities of the patient safety committee established pursuant to NRS 439.875; and
(c) Any other information required by the State Board of Health concerning the reports submitted by the health facility pursuant to NRS 439.835.
2. On or before June 1 of each year, the Division shall submit to the State Board of Health an annual summary of the reports and information received by the Division pursuant to this section. The annual summary must include, without limitation, a compilation of the information submitted pursuant to subsection 1 and any other pertinent information deemed necessary by the State Board of Health concerning the reports submitted by the health facility pursuant to NRS 439.835. The Division shall maintain the confidentiality of the patient, the provider of health care or other member of the staff of the health facility identified in the reports submitted pursuant to NRS 439.835 and any other identifying information of a person requested by the State Board of Health concerning those reports when preparing the annual summary pursuant to this section.
3. The Department shall post on the Internet website maintained pursuant to NRS 439A.270 or any other website maintained by the Department a copy of the most current patient safety plan submitted by each health facility pursuant to subsection 1.
(Added to NRS by 2009, 551; A 2011, 1583, 1800; 2019, 1669)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.845 - Analysis and reporting of trends regarding sentinel events; treatment of certain information regarding corrective action by health facility.

1. The Division shall analyze and report trends regarding sentinel events.
2. When the Division receives notice from a health facility that the health facility has taken corrective action to remedy the causes or contributing factors, or both, of a sentinel event, the Division shall:
(a) Make a record of the information;
(b) Ensure that the information is released in a manner so as not to reveal the identity of a specific patient, provider of health care or member of the staff of the facility; and
(c) At least quarterly, report its findings regarding the analysis of trends of sentinel events on the Internet website maintained pursuant to NRS 439A.270.
(Added to NRS by 2002 Special Session, 14; A 2009, 3069; 2011, 1800; 2019, 1669)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.855 - Notification of patients involved in sentinel events.

1. Each health facility that is located within this state shall designate a representative for the notification of patients who have been involved in sentinel events at that health facility.
2. A representative designated pursuant to subsection 1 shall, not later than 7 days after discovering or becoming aware of a sentinel event that occurred at the health facility, provide notice of that fact to each patient who was involved in that sentinel event.
3. The provision of notice to a patient pursuant to subsection 2 must not, in any action or proceeding, be considered an acknowledgment or admission of liability.
4. A representative designated pursuant to subsection 1 may or may not be the same person who serves as the facility’s patient safety officer.
(Added to NRS by 2002 Special Session, 14; A 2019, 1670)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.856 - Provision of certain information relating to facility-acquired infections to patients.

1. A medical facility shall:
(a) Provide to each patient of the medical facility, upon admission of the patient, the general and facility-specific information relating to facility-acquired infections required by subsection 2.
(b) Post in publicly accessible areas of the medical facility information on reporting facility-acquired infections, including, without limitation, the contact information for making reports to the Division. Such information may be added to other required notices concerning the making of reports to the Division.
2. The information provided to each patient pursuant to paragraph (a) of subsection 1 must include, without limitation:
(a) The measures used by the medical facility for preventing infections, including facility-acquired infections;
(b) Information on determining whether a patient had an infection upon admission to the medical facility, risk factors for acquiring infections and determining whether an infection has been acquired;
(c) Information on preventing facility-acquired infections;
(d) Instructions for reporting facility-acquired infections, including, without limitation, the contact information for making reports to the Division; and
(e) Any other information that the medical facility deems necessary.
(Added to NRS by 2011, 1580)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.857 - Procedure for informing patient, legal guardian or other person that patient at medical facility has infection; immunity from liability for providing certain information.

1. Except as otherwise provided in subsection 2, when a provider of health care confirms that a patient at the medical facility has an infection, the provider of health care or the designee of the provider of health care shall, as soon as practicable but not later than 5 days after the diagnosis is confirmed, inform the patient or the legal guardian or other person authorized by the patient to receive such information that the patient has an infection.
2. The provider of health care or the designee of the provider of health care may delay providing information about an infection if the patient does not have a legal guardian, has not authorized any other person to receive such information and:
(a) Is not capable of understanding the information;
(b) Is not conscious; or
(c) In the judgment of the provider of health care, is likely to harm himself or herself if informed about the infection.
3. If the provider of health care or the designee of the provider of health care delays providing information about an infection pursuant to subsection 2, such information must be provided as soon as practicable after:
(a) The patient is capable of understanding the information;
(b) The patient regains consciousness;
(c) In the judgment of the provider of health care, the patient is not likely to harm himself or herself if informed about the infection; or
(d) A legal guardian or other person authorized to receive such information is available.
4. A medical facility shall ensure that the providers of health care of the medical facility establish protocols in accordance with this section that provide the manner in which a provider of health care or his or her designee must:
(a) Inform a patient or the legal guardian or other person authorized by a patient to receive such information that the patient has an infection; and
(b) If known or determined while a patient remains at the medical facility, inform the patient or the legal guardian or other person authorized by the patient to receive such information whether the infection was acquired at the medical facility and of the apparent source of the infection.
5. A person or governmental entity who, with reasonable care, informs a patient or the legal guardian or other person authorized by the patient to receive such information that an infection was not acquired at the medical facility and of the apparent source of the infection pursuant to subsection 4 is immune from any criminal or civil liability for providing that information.
(Added to NRS by 2011, 1581)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.860 - Inadmissibility of certain information in administrative or legal proceeding.

Any report, document and any other information compiled or disseminated pursuant to the provisions of NRS 439.800 to 439.890, inclusive, is not admissible in evidence in any administrative or legal proceeding conducted in this State.
(Added to NRS by 2002 Special Session, 15; A 2005, 600; 2011, 679; 2019, 1670)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.865 - Patient safety plan: Development; inclusion of infection control program to prevent and control infections; approval; notice; compliance; annual review and update.

1. Each medical facility that is located within this state shall develop, in consultation with the providers of health care who provide treatment to patients at the medical facility, an internal patient safety plan to improve the health and safety of patients who are treated at that medical facility.
2. The patient safety plan must include, without limitation:
(a) The patient safety checklists and patient safety policies most recently adopted pursuant to NRS 439.877.
(b) An infection control program to prevent and control infections within the medical facility. To carry out the program, the medical facility shall adopt an infection control policy. The policy must consist of:
(1) The current guidelines appropriate for the facility’s scope of service developed by a nationally recognized infection control organization as approved by the State Board of Health which may include, without limitation, the Association for Professionals in Infection Control and Epidemiology, Inc., the Centers for Disease Control and Prevention of the United States Department of Health and Human Services, the World Health Organization and the Society for Healthcare Epidemiology of America; and
(2) Facility-specific infection control developed under the supervision of a certified infection preventionist.
3. The program to prevent and control infections within the medical facility must provide for the designation of a person who is responsible for infection control when the infection control officer is absent to ensure that someone is responsible for infection control at all times.
4. A medical facility shall submit its patient safety plan to the governing board of the medical facility for approval in accordance with the requirements of this section.
5. After a medical facility’s patient safety plan is approved, the medical facility shall notify all providers of health care who provide treatment to patients at the medical facility of the existence of the plan and of the requirements of the plan. A medical facility shall require compliance with its patient safety plan.
6. The patient safety plan must be reviewed and updated annually in accordance with the requirements for approval set forth in this section.
(Added to NRS by 2002 Special Session, 15; A 2011, 679, 1583)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.870 - Patient safety officer: Designation; duties.

1. A health facility shall designate an officer or employee of the facility to serve as the patient safety officer of the health facility.
2. The person who is designated as the patient safety officer of a health facility shall:
(a) Supervise the reporting of all sentinel events alleged to have occurred at the health facility, including, without limitation, performing the duties required pursuant to NRS 439.835.
(b) Take such action as he or she determines to be necessary to ensure the safety of patients as a result of an investigation of any sentinel event alleged to have occurred at the health facility.
(c) If the health facility is a medical facility:
(1) Serve on the patient safety committee of the medical facility established pursuant to NRS 439.875; and
(2) Report to the patient safety committee regarding any action taken in accordance with paragraph (b).
(Added to NRS by 2002 Special Session, 15; A 2019, 1670)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.873 - Designation, duties and qualifications of infection control officer; required ratio of patients to employees with certain training in infection control; Division to provide education and technical assistance.

1. A medical facility shall designate an officer or employee of the facility to serve as the infection control officer of the medical facility.
2. The person who is designated as the infection control officer of a medical facility:
(a) Shall serve on the patient safety committee.
(b) Shall monitor the occurrences of infections at the medical facility to determine the number and severity of infections.
(c) Shall report to the patient safety committee concerning the number and severity of infections at the medical facility.
(d) Shall take such action as he or she determines is necessary to prevent and control infections alleged to have occurred at the medical facility.
(e) Shall carry out the provisions of the infection control program adopted pursuant to NRS 439.865 and ensure compliance with the program.
3. If a medical facility has 175 or more beds, the person who is designated as the infection control officer of the medical facility must be certified as an infection preventionist by the Certification Board of Infection Control and Epidemiology, Inc., or a successor organization. A person may serve as the certified infection preventionist for more than one medical facility if the facilities have common ownership.
4. A medical facility that designates an infection control officer who is not a certified infection preventionist must ensure that the person has successfully completed a nationally recognized basic training program in infection control, which may include, without limitation, the program offered by the Association for Professionals in Infection Control and Epidemiology, Inc., or a successor organization. A medical facility shall ensure that an infection control officer completes at least 4 hours of continuing education each year on topics relating to current practices in infection control and prevention.
5. A medical facility shall ensure that it maintains a ratio of at least one employee who has the training described in subsection 4 for every 100 occupied beds. The number of beds must be determined based upon the most recent annual calendar-year average reported by the medical facility to the Director pursuant to NRS 449.490 and the regulations adopted pursuant thereto.
6. A medical facility shall maintain records concerning the certification and training required by this section.
7. The Division shall provide education and technical assistance relating to infection control and prevention in medical facilities.
(Added to NRS by 2011, 1582)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.875 - Patient safety committee: Establishment; composition; meetings; duties; proceedings and records are privileged.

1. A medical facility shall establish a patient safety committee.
2. Except as otherwise provided in subsection 3:
(a) A patient safety committee established pursuant to subsection 1 must be composed of:
(1) The infection control officer of the medical facility.
(2) The patient safety officer of the medical facility, if he or she is not designated as the infection control officer of the medical facility.
(3) At least three providers of health care who treat patients at the medical facility, including, without limitation, at least one member of the medical, nursing and pharmaceutical staff of the medical facility.
(4) One member of the executive or governing body of the medical facility.
(b) A patient safety committee shall meet at least once each month.
3. The Administrator shall adopt regulations prescribing the composition and frequency of meetings of patient safety committees at medical facilities having fewer than 25 employees and contractors.
4. A patient safety committee shall:
(a) Receive reports from the patient safety officer pursuant to NRS 439.870.
(b) Evaluate actions of the patient safety officer in connection with all reports of sentinel events alleged to have occurred at the medical facility.
(c) Review and evaluate the quality of measures carried out by the medical facility to improve the safety of patients who receive treatment at the medical facility.
(d) Review and evaluate the quality of measures carried out by the medical facility to prevent and control infections at the medical facility.
(e) Make recommendations to the executive or governing body of the medical facility to reduce the number and severity of sentinel events and infections that occur at the medical facility.
(f) At least once each calendar quarter, report to the executive or governing body of the medical facility regarding:
(1) The number of sentinel events that occurred at the medical facility during the preceding calendar quarter;
(2) The number and severity of infections that occurred at the medical facility during the preceding calendar quarter; and
(3) Any recommendations to reduce the number and severity of sentinel events and infections that occur at the medical facility.
(g) Adopt patient safety checklists and patient safety policies as required by NRS 439.877, review the checklists and policies annually and revise the checklists and policies as the patient safety committee determines necessary.
5. The proceedings and records of a patient safety committee are subject to the same privilege and protection from discovery as the proceedings and records described in NRS 49.265.
(Added to NRS by 2002 Special Session, 15; A 2011, 679, 1584)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.880 - Immunity from criminal and civil liability.

No person is subject to any criminal penalty or civil liability for libel, slander or any similar cause of action in tort if the person, without malice:
1. Reports a sentinel event to a governmental entity with jurisdiction or another appropriate authority;
2. Notifies a governmental entity with jurisdiction or another appropriate authority of a sentinel event;
3. Transmits information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority;
4. Compiles, prepares or disseminates information regarding a sentinel event to a governmental entity with jurisdiction or another appropriate authority; or
5. Performs any other act authorized pursuant to NRS 439.800 to 439.890, inclusive.
(Added to NRS by 2002 Special Session, 16; A 2005, 600; 2011, 680; 2019, 1670)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.885 - Violation by health facility: Administrative sanction prohibited when voluntarily reported; administrative sanction imposed when not voluntarily reported; appeal of imposition of sanction; accounting and expenditure of money.

1. If a health facility:
(a) Commits a violation of any provision of NRS 439.800 to 439.890, inclusive, or for any violation for which an administrative sanction pursuant to NRS 449.163 would otherwise be applicable; and
(b) Of its own volition, reports the violation to the Administrator,
such a violation must not be used as the basis for imposing an administrative sanction pursuant to NRS 449.163.
2. If a health facility commits a violation of any provision of NRS 439.800 to 439.890, inclusive, and does not, of its own volition, report the violation to the Administrator, the Division may, in accordance with the provisions of subsection 3, impose an administrative sanction:
(a) For failure to report a sentinel event, in an amount not to exceed $100 per day for each day after the date on which the sentinel event was required to be reported pursuant to NRS 439.835;
(b) For failure to adopt and implement a patient safety plan pursuant to NRS 439.865, in an amount not to exceed $1,000 for each month in which a patient safety plan was not in effect; and
(c) For failure to establish a patient safety committee or failure of such a committee to meet pursuant to the requirements of NRS 439.875, in an amount not to exceed $2,000 for each violation of that section.
3. Before the Division imposes an administrative sanction pursuant to subsection 2, the Division shall provide the health facility with reasonable notice. The notice must contain the legal authority, jurisdiction and reasons for the action to be taken. If a health facility wants to contest the action, the facility may file an appeal pursuant to the regulations of the State Board of Health adopted pursuant to NRS 449.165 and 449.170. Upon receiving notice of an appeal, the Division shall hold a hearing in accordance with those regulations.
4. An administrative sanction collected pursuant to this section must be accounted for separately and used by the Division to provide training and education to employees of the Division, employees of health facilities and members of the general public regarding issues relating to the provision of quality and safe health care.
(Added to NRS by 2002 Special Session, 16; A 2005, 600; 2009, 554; 2011, 680; 2013, 3042; 2019, 1671)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.890 - Adoption of regulations.

The State Board of Health shall adopt such regulations as the Board determines to be necessary or advisable to carry out the provisions of NRS 439.800 to 439.890, inclusive.
(Added to NRS by 2002 Special Session, 16; A 2005, 600; 2009, 554; 2011, 681)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.912 - Meetings; bylaws; subcommittees and working groups; contracts; advice and technical assistance by state agencies, boards and commissions.

1. The Commission shall:
(a) Meet at the call of the Chair.
(b) Adopt bylaws that govern the operation of the Commission.
2. The Commission may:
(a) Establish subcommittees and working groups consisting of members of the Commission or other persons to assist the Commission in the performance of its duties. Each subcommittee expires 6 months after it is created but may be continued with approval of the Commission. Not more than six subcommittees may exist at any time.
(b) To the extent that money is available for this purpose, enter into contracts with consultants to assist the Commission in the performance of its duties.
3. Within the limits of available resources, state agencies, boards and commissions shall, upon the request of the Executive Director of the Commission, provide advice and technical assistance to the Commission.
(Added to NRS by 2019, 2811; A 2021, 557)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.914 - Appointment, qualifications and duties of Executive Director; authority to request information from state agencies.

1. The Governor shall appoint the Executive Director of the Commission within the Office of the Governor. The Executive Director:
(a) Must have experience in health care or health insurance;
(b) Is in the unclassified service of the State; and
(c) Serves at the pleasure of the Governor.
2. The Executive Director shall:
(a) Perform the administrative duties of the Commission and such other duties as are directed by the Commission; and
(b) To the extent that money is available for this purpose, appoint employees to assist the Executive Director in carrying out the duties prescribed in paragraph (a). Such employees serve at the pleasure of the Executive Director and are in the unclassified service of the State.
3. The Executive Director may request any information maintained by a state agency that is necessary for the performance of his or her duties, including, without limitation, information that is otherwise declared confidential by law. Except as otherwise provided in NRS 598A.110, to the extent authorized by the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and the regulations adopted pursuant thereto, an agency from which such information is requested shall provide the information to the Executive Director.
4. The Executive Director:
(a) Shall maintain any information obtained pursuant to subsection 3 under the same conditions as the information is maintained by the agency that provided the information; and
(b) Except as otherwise provided in this paragraph, shall not disclose any confidential information obtained pursuant to subsection 3 to any other person or entity, including, without limitation, the Commission or a member thereof. The Executive Director may disclose or publish aggregated information in a manner that does not reveal the identity of any person.
(Added to NRS by 2019, 2811; A 2021, 314)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.918 - Duties; reports.

1. In addition to conducting the review described in NRS 439.916, the Commission shall:
(a) Attempt to identify and facilitate collaboration between existing state governmental entities that study or address issues relating to the quality, accessibility and affordability of health care in this State, including, without limitation, the regional behavioral health policy boards created by NRS 433.429;
(b) Attempt to coordinate with such entities to reduce any duplication of efforts among and between those entities and the Commission;
(c) Establish, submit to the Director and annually update a plan to increase access by patients to their medical records and provide for the interoperability of medical records between providers of health care in accordance with the requirements of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, and any other applicable federal law or regulations; and
(d) Make recommendations to the Director and the Legislature concerning:
(1) The analysis and use of data to improve access to and the quality of health care in this State, including, without limitation, using data to establish priorities for addressing health care needs; and
(2) Ensuring that data concerning health care in this State is publicly available and transparent.
2. On or before January 1 and July 1 of each year, the Commission shall:
(a) Compile a report describing the meetings of the Commission and the activities of the Commission during the immediately preceding 6 months. The report must include, without limitation, a description of any issues identified as negatively impacting the quality, accessibility or affordability of health care in this State and any recommendations for legislation, regulations or other changes to policy or budgets to address those issues.
(b) Submit the report to the Governor and the Director of the Legislative Counsel Bureau for transmittal to:
(1) In January of odd-numbered years, the next regular session of the Legislature.
(2) In all other cases, to the Joint Interim Standing Committee on Health and Human Services.
3. Upon receiving a report pursuant to subsection 2, the Governor shall post the report on an Internet website maintained by the Governor.
4. The Commission may prepare and publish additional reports on specific topics at the direction of the Chair.
(Added to NRS by 2019, 2813; A 2021, 557)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.942 - Establishment; requirements to become client; administrators; confidentiality; protection of information; maintenance.

1. The Division may establish a secure Internet website which makes certain information available for a website client to conduct an investigation into the background and personal history of a person that is required pursuant to the provisions of this chapter or chapter 62B, 63, 424, 427A, 432, 432A, 432B, 433, 433B, 435 or 449 of NRS.
2. To become a website client, a person or governmental entity must:
(a) Create an account on the Internet website;
(b) Comply with NRS 439.942 to 439.948, inclusive, and any regulations adopted pursuant thereto governing use of the Internet website; and
(c) Designate a website client administrator who is responsible for:
(1) Determining the persons who are authorized to use the Internet website;
(2) Providing the Division with the names of the persons who are authorized to use the Internet website;
(3) Ensuring that only those authorized persons have access to the Internet website; and
(4) Notifying the Division of any change in the persons who are authorized to use the Internet website.
3. Authorized employees of the Division and of the Department of Public Safety may be designated to serve as administrators of the Internet website with access to all the data and information on the Internet website.
4. Except as otherwise provided in this section and NRS 239.0115, information collected, maintained, stored, backed up or on file on the Internet website is confidential, not subject to subpoena or discovery and is not subject to inspection by the general public.
5. The Division shall ensure that any information collected, maintained and stored on the Internet website is protected adequately from fire, theft, loss, destruction, other hazards and unauthorized access, and is backed-up in a manner that ensures proper confidentiality and security.
6. The Internet website must be maintained in accordance with any requirements of the Office of the Chief Information Officer within the Office of the Governor established for use of the equipment or services of the Office pursuant to NRS 242.181.
(Added to NRS by 2013, 2886)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.943 - Authorized use; inclusion of relevant publicly available information.

1. A person authorized to use the Internet website established pursuant to NRS 439.942 may access the website to search for information necessary to conduct an investigation of the background and personal history of a person when required. Such a search may include, without limitation, to the extent that the information is available:
(a) Determining whether the person being investigated has been convicted of a crime that disqualifies the person for employment, licensure or other privilege sought;
(b) Verifying the social security number, date of birth and driver’s license or identification card number of the person being investigated;
(c) Determining whether any disciplinary action has been taken by a professional licensing board against the person being investigated; and
(d) Determining whether the person being investigated is included on the list of individuals who are excluded from participation in Medicare, Medicaid and other federal health care programs pursuant to 42 U.S.C. §§ 1320a-7 et seq.
2. The Internet website established pursuant to NRS 439.942 may include, without limitation, any relevant information that is available to the public, including, without limitation, hyperlinks to relevant publicly available Internet websites and registries, forms and educational materials.
(Added to NRS by 2013, 2887)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.944 - Access authorized to enter information and manage information and account.

A person authorized to use the Internet website established pursuant to NRS 439.942 may access the website to:
1. Enter any required information;
2. Manage the information to which the person has access; and
3. Manage the account of the person.
(Added to NRS by 2013, 2887)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.945 - Division authorized to enter into cooperative agreements with certain state and federal agencies to obtain information for inclusion.

The Division may enter into cooperative agreements to obtain and accept information for inclusion on the Internet website established pursuant to NRS 439.942 from:
1. The Statewide Central Registry for the Collection of Information Concerning the Abuse or Neglect of a Child established pursuant to NRS 432.100 and any similar registry maintained by a governmental entity of any state or territory within the United States;
2. The Central Repository for Nevada Records of Criminal History or any similar repository maintained by a government agency of any state or territory within the United States; and
3. Any other state or federal agency which maintains a database, repository or registry which contains information the Division determines is necessary or appropriate for inclusion on the Internet website.
(Added to NRS by 2013, 2888)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.946 - Authorized collection, maintenance and storage of certain information on website.

1. In addition to any other information included on the Internet website established pursuant to NRS 439.942, the Division may collect, maintain and store on the Internet website the following information relating to the background and personal history of a person:
(a) The first, middle and last name of the person, any aliases used by the person and, if available, a photograph of the person;
(b) The social security number, date of birth and, if available, the driver’s license or identification card number of the person;
(c) Information regarding the criminal convictions of the person, if any;
(d) Any other information submitted pursuant to NRS 439.945; and
(e) Any other information determined by the Division to be necessary or appropriate.
2. The information described in subsection 1 may be collected, stored and maintained electronically, in hard copy, in a database, through a secure interface from a state or federal governmental entity directly to the Internet website, or by any other means as the Division determines necessary or appropriate.
(Added to NRS by 2013, 2888)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.947 - Access to information.

1. When establishing permissions for a website client to access information on the Internet website established pursuant to NRS 439.942, the Division shall determine the information necessary for the website client to conduct an investigation into the background and personal history of a person and limit access to the website client to only the information necessary for that website client.
2. Information regarding a person whose background and personal history is investigated must not be shared with any other website client.
3. A person who is authorized to use the Internet website by the website client administrator pursuant to NRS 439.942 may be given permission to access any information deemed necessary pursuant to subsection 1.
(Added to NRS by 2013, 2888)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.948 - Fees; regulations.

The Division may adopt regulations to:
1. Prescribe a fee to be imposed on website clients for use of the Internet website established pursuant to NRS 439.942; and
2. Carry out the provisions of NRS 439.942 to 439.948, inclusive.
(Added to NRS by 2013, 2888)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.950 - Definitions.

As used in NRS 439.950 to 439.983, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.955, 439.960 and 439.965 have the meanings ascribed to them in those sections.
(Added to NRS by 2009, 366)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.973 - Authority of Governor to request assistance from contiguous state in carrying out inspections.

During a public health emergency or other health event, the Governor may, upon consultation with the emergency team, request from a governor of a contiguous state assistance in carrying out an inspection of any health care facility or the office of a provider of health care. The Governor may enter into an agreement for the provision of such services relating to inspections.
(Added to NRS by 2009, 368)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.975 - Powers and duties of emergency team.

1. The emergency team shall:
(a) Convene as soon as practicable after the executive order is issued pursuant to NRS 439.970; and
(b) Upon the advice of the Attorney General, investigate the response of each state agency, division, board and other entity that is represented on the emergency team to the public health emergency or other health event and work cooperatively to ensure the sharing of any material information and coordinate a response to the public health emergency or other health event with all the state agencies, divisions, boards and other entities represented on the emergency team.
2. The scope of powers and duties of the emergency team extends only to the respective jurisdiction of each state agency, division, board or other entity represented on the team and does not supersede the authority of a health authority to investigate the public health emergency or other health event within its jurisdiction.
(Added to NRS by 2009, 368)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.980 - Duties of chair of emergency team.

The chair of the emergency team or a member of the emergency team designated by the chair shall:
1. Provide information to the general public and ensure that the public remains informed on the progress of the work of the emergency team.
2. Act as the liaison between the emergency team and the Governor, the Speaker of the Assembly, the Majority Leader of the Senate, the Attorney General and any other officer, agency or political subdivision of this State with an interest in the response to and resolution of the public health emergency or other health event.
3. Provide to the Governor and the Legislature or, if the Legislature is not in session, to the Legislative Commission and the Joint Interim Standing Committee on Health and Human Services:
(a) During the course of an investigation of a public health emergency or other health event, monthly updates, or more frequent updates if requested, on the progress of the work of the emergency team; and
(b) Upon the resolution of the issues involved in the public health emergency or other health event, a report on the findings of the emergency team and the action that was taken to resolve the public health emergency or other health event and any consequences thereof.
(Added to NRS by 2009, 368)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.983 - Duties of emergency team upon resolution of public health emergency or other health event.

Upon the resolution of a public health emergency or other health event, the emergency team shall:
1. Make recommendations to the State Board of Health and local boards of health with respect to regulations or policies which may be adopted to prevent public health emergencies and other health events or to improve responses to public health emergencies and other health events; and
2. Evaluate the response of each state agency, division, board or other entity represented on the emergency team and make recommendations to the Governor and the Legislature or, if the Legislature is not in session, to the Legislative Commission and the Joint Interim Standing Committee on Health and Human Services with respect to actions and measures that may be taken to improve such responses.
(Added to NRS by 2009, 369; A 2021, 2533)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.985 - Legislative declaration of purpose.

The Legislature hereby declares that the purpose of NRS 439.985 to 439.994, inclusive, is to enable the use of sterile hypodermic devices and other related material for use among people who inject drugs for the purpose of reducing the intravenous transmission of diseases. The provisions of NRS 439.985 to 439.994, inclusive, are intended to:
1. Ensure the availability and accessibility of sterile hypodermic devices by encouraging distribution of such devices by various means.
2. Provide for the effective operation of sterile hypodermic device programs that protect the human rights of people who use such programs.
3. Guarantee that sterile hypodermic devices and other sterile injection supplies are not deemed illegal.
4. Ensure that sterile hypodermic device programs operate in harmony with law enforcement activities.
(Added to NRS by 2013, 3171)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.986 - "Sterile hypodermic device program" or "program" defined.

As used in NRS 439.985 to 439.994, inclusive, "sterile hypodermic device program" or "program" means a program established pursuant to NRS 439.987 for the safe distribution and disposal of hypodermic devices.
(Added to NRS by 2013, 3171)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.987 - Establishment.

1. A governmental entity, a nonprofit corporation that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), a public health program, a medical facility or a person who has a fiscal sponsor that is recognized as exempt under section 501(c)(3) of the Internal Revenue Code, 26 U.S.C. § 501(c)(3), may establish a sterile hypodermic device program in this State.
2. As used in this section:
(a) "Medical facility" has the meaning ascribed to it in NRS 449.0151.
(b) "Public health program" has the meaning ascribed to it in NRS 454.00973.
(Added to NRS by 2013, 3171)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.988 - Guidelines governing operation.

The State Board of Health shall establish guidelines governing the operation of the program which provide for, without limitation:
1. The recording of the quantities of hypodermic devices distributed and collected by the program; and
2. The procedures for the safe collection and disposal of used hypodermic devices.
(Added to NRS by 2013, 3171)
2023 Nevada Revised Statutes › Chapter 439 - Administration of Public Health › NRS 439.989 - Program to establish safety procedures, provide community outreach and report to State Board of Health.

A sterile hypodermic device program shall:
1. Establish and follow procedures for the safe collection and disposal of used hypodermic devices and other related material pursuant to guidelines established by the State Board of Health.
2. Provide community outreach and educational programs concerning:
(a) The safer use of hypodermic devices to avoid disease and infection; and
(b) The safe disposal of hypodermic devices.
3. Report the quantities of hypodermic devices distributed and collected by the program to the State Board of Health at least semiannually.
(Added to NRS by 2013, 3171)