reglab/statecodes huggingface dataset:
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.301 - Conditions under which practitioner or veterinarian may furnish drugs without prescription.

1. Except as otherwise provided in subsection 2, a practitioner who dispenses drugs and who personally furnishes his or her own patients with such drugs as are necessary in the treatment of the condition for which the practitioner attends a patient shall not do so without writing a prescription unless the drugs so furnished are:
(a) Not charged for, either separately or together with charges for other professional services, and the practitioner keeps accurate records, as required by NRS 454.286, of all drugs so furnished;
(b) Clearly labeled with the date, the name and address of the furnisher, the name of the patient, the directions for use, the name and strength and the expiration date of the effectiveness of the drug, if that information is required on the original label of the manufacturer of that drug; and
(c) Not dispensed or furnished:
(1) By a nurse or attendant; or
(2) In violation of a regulation adopted by the Board.
2. A veterinarian may furnish multiple doses of drugs, necessary for the treatment of large animals, to ranchers or dealers in livestock for use solely in the treatment of livestock on the premises of the rancher or dealer, and when furnishing those drugs the veterinarian is not required to comply with the provisions of subsection 1, except for subparagraph (2) of paragraph (c).
(Added to NRS by 1973, 1199; A 1979, 1678; 1981, 749; 1987, 807; 1989, 1127)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.303 - Certain school employees authorized to administer auto-injectable epinephrine or opioid antagonist.

1. A school nurse or other employee of a public or private school who is authorized pursuant to NRS 386.870 or 394.1995 to administer auto-injectable epinephrine or an opioid antagonist may possess and administer auto-injectable epinephrine or an opioid antagonist, as applicable, maintained by the school if the school nurse or other employee has received training in the proper storage and administration of auto-injectable epinephrine or the opioid antagonist, as applicable, as required by NRS 386.870 or 394.1995.
2. As used in this section, "opioid antagonist" has the meaning ascribed to it in NRS 453C.040.
(Added to NRS by 2013, 1224; A 2021, 424)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.306 - Use of minor as agent; unlawful furnishing of dangerous drug to minor; penalty.

A person who violates any provision of NRS 454.181 to 454.371, inclusive, by use of a minor as an agent or by unlawfully furnishing any dangerous drug to a minor is guilty of a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 5 years and a maximum term of not more than 20 years, or by a fine of not more than $20,000, or by both fine and imprisonment.
(Added to NRS by 1973, 1200; A 1979, 1475; 1995, 1292; 2017, 1253)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.311 - Fraudulent possession of dangerous drug or prescription; false or altered prescription; penalty.

1. A person, other than a peace officer or inspector of the Board in the performance of his or her official duty, who knowingly or intentionally obtains or attempts to obtain possession of a dangerous drug or a prescription for a dangerous drug by misrepresentation, fraud, forgery, deception, subterfuge or alteration is guilty of a category E felony and shall be punished as provided in NRS 193.130.
2. A person who knowingly has in his or her possession any false, fictitious, forged or altered prescription for a dangerous drug is guilty of a category E felony and shall be punished as provided in NRS 193.130.
3. A person who knowingly:
(a) Receives any dangerous drug from, or has in his or her possession or under his or her control any dangerous drug obtained by, another person as a result of any forged, false, fictitious or altered prescription; or
(b) Fills a prescription which is not genuine,
is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1973, 1200; A 1981, 1967; 1985, 153, 888; 1995, 1292)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.316 - Possession of dangerous drug without prescription unlawful; penalties; exceptions.

1. Except as otherwise provided in this section, a person who possesses a dangerous drug, except that furnished to the person by a pharmacist pursuant to a legal prescription, by a manufacturer or wholesaler pursuant to NRS 639.573 or by a practitioner, is guilty of a gross misdemeanor. A person who has been twice previously convicted of any offense:
(a) Described in this section; or
(b) Pursuant to any other law of the United States or this or any other state or district which if committed in this State would have been punishable as an offense under this section,
is guilty of a category E felony and shall be punished as provided in NRS 193.130.
2. A prescription is not required for possession of a dangerous drug by a person authorized by NRS 454.213, any other person or class of persons approved by the Board pursuant to regulation, jobbers, wholesalers, manufacturers or laboratories authorized by laws of this State to handle, possess and deal in dangerous drugs if the drugs are in stock containers properly labeled and have been procured from a manufacturer, wholesaler or pharmacy, or by a rancher who possesses a dangerous drug in a reasonable amount for use solely in the treatment of livestock on his or her own premises.
(Added to NRS by 1973, 1200; A 1979, 953, 1679; 1987, 2216; 1991, 795, 1958; 1995, 1035, 1293, 1340; 2023, 315)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.321 - Unlawful dispensing or furnishing of dangerous drug; penalty.

Any person who dispenses or furnishes or permits the dispensing or furnishing of any dangerous drug in violation of NRS 454.301 is guilty of a gross misdemeanor.
(Added to NRS by 1973, 1200; A 1985, 889)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.323 - Sale or distribution of product containing toluene to person less than 18 years of age.

1. Except as provided in subsection 3, any person who sells or gives aerosol paint, glue or cement containing toluene to a person who is less than 18 years of age is guilty of a gross misdemeanor.
2. The court shall suspend for a period of 1 year the state business license of a person who knowingly violates any provision of this section after having been previously convicted of a violation of this section unless the person can demonstrate that he or she attempted in good faith to comply with this section.
3. The provisions of this section do not apply to the sale of:
(a) Gasoline or other fuel for motor vehicles;
(b) Aerosol paint, glue or cement containing less than the minimum amount of toluene which is subject to the requirements for special labeling established pursuant to the Federal Hazardous Substances Act, 15 U.S.C. §§ 1261 et seq., as it exists on June 30, 1983; or
(c) Glue or cement which is included in a kit used for the construction of model airplanes, automobiles, boats or trains or which is used in connection with another hobby.
(Added to NRS by 1983, 242)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.326 - Misrepresentation by use of telephone to obtain dangerous drug; penalty.

A person who, in order to obtain any dangerous drug, falsely represents himself or herself in a telephone conversation with a pharmacist to be a physician or other person who can lawfully prescribe such drugs or to be acting on behalf of a person who can lawfully prescribe drugs:
1. For the first offense, is guilty of a misdemeanor.
2. For any subsequent offense, is guilty of a category E felony and shall be punished as provided in NRS 193.130.
(Added to NRS by 1973, 1201; A 1979, 1476; 1995, 1293)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.341 - Unlawful possession or sale of nasal inhaler; exception.

It is unlawful for any person within this State to possess, sell, offer to sell or hold for the purpose of sale or resale any nasal inhaler which contains any drug capable of causing stimulation to the central nervous system unless:
1. The product contains a denaturant in sufficient quantity to render it unfit for internal use; and
2. The product is among such products listed as approved for sale without restriction by the Board in the regulations officially adopted by the Board.
(Added to NRS by 1973, 1201)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.346 - Use or possession with intent to use drug, chemical, poison or organic solvent to induce euphoria or hallucinations unlawful; exception.

1. Any person who inhales, ingests, applies or otherwise uses or possesses with the intent to inhale, ingest, apply or otherwise use any drug, chemical, poison or organic solvent, or any compound or combination of any drug, chemical, poison or organic solvent, in any manner contrary to the directions for use, cautions or warnings appearing on the label thereof, in order to create or induce a condition of intoxication, euphoria, hallucination or elation, or to change, distort or disturb his or her eyesight, thinking processes, balance or coordination or to affect his or her central nervous system is guilty of a misdemeanor.
2. The provisions of this section do not apply to a person who uses or intends to use any drug, chemical, poison or organic solvent for medicinal purposes under the supervision of a physician, when the drug, chemical, poison or organic solvent is used or intended for use in keeping with the directions for use as given by the physician.
(Added to NRS by 1973, 75; A 1983, 242)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.356 - Penalty for violation.

Except as otherwise specifically provided, every person who violates any provision of NRS 454.181 to 454.371, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1973, 1201; A 2017, 1253)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.358 - Fee for analysis of dangerous drug included in sentence; distribution of money collected; limitations on use of money.

1. When a defendant pleads guilty or guilty but mentally ill to, or is found guilty or guilty but mentally ill of, any violation of this chapter and an analysis of a dangerous drug was performed in relation to the defendant’s case, the justice or judge shall include in the sentence the sum of $50 as a fee for the analysis of the dangerous drug.
2. The money collected for such an analysis must not be deducted from the fine imposed by the justice or judge, but must be taxed against the defendant in addition to the fine. The money collected for such an analysis must be stated separately on the court’s docket and must be included in the amount posted for bail. If the defendant is found not guilty or the charges are dropped, the money deposited with the court must be returned to the defendant.
3. The money collected pursuant to subsection 1 in municipal court must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
4. The money collected pursuant to subsection 1 in justice courts must be paid by the clerk of the court to the county treasurer on or before the fifth day of each month for the preceding month.
5. The board of county commissioners of each county shall by ordinance, before September 1, 1987, create in the county treasury a fund to be designated as the fund for forensic services. Upon receipt, the county treasurer shall deposit any fee for the analyses of dangerous drugs in the fund.
6. In counties which receive forensic services under a contract with the State, any money in the fund for forensic services must be paid monthly by the county treasurer to the State Treasurer for deposit in the State General Fund, after retaining 2 percent of the money to cover his or her administrative expenses.
7. In counties which do not receive forensic services under a contract with the State, money in the fund for forensic services must be expended, except as otherwise provided in this subsection:
(a) To pay for the analyses of dangerous drugs performed in connection with criminal investigations within the county;
(b) To purchase and maintain equipment to conduct these analyses; and
(c) For the training and continuing education of the employees who conduct these analyses.
Money from the fund must not be expended to cover the costs of analyses conducted by, equipment used by or training for employees of an analytical laboratory not registered with the Drug Enforcement Administration of the United States Department of Justice.
(Added to NRS by 1987, 1398; A 1995, 2469; 2003, 1488; 2007, 1448)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.361 - Conviction for violation of provision concerning dangerous drugs constitutes grounds for suspension or revocation of professional license.

A conviction of the violation of any of the provisions of NRS 454.181 to 454.371, inclusive, constitutes grounds for the suspension or revocation of any license issued to such person pursuant to the provisions of chapters 630, 631, 633, 635, 636, 638, 639 or 653 of NRS.
(Added to NRS by 1973, 1201; A 1995, 1035; 2017, 1253; 2019, 2707)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.371 - Limitations on furnishing dangerous drug; adoption of regulations by Board; penalties.

1. If the Board finds any drug to be dangerous to the public health or safety, it may adopt a regulation not inconsistent with NRS 454.181 to 454.371, inclusive, limiting or restricting the furnishing or dispensing of the drug.
2. A violation of such a regulation must be punished in the same manner as provided in NRS 454.306 to 454.356, inclusive.
(Added to NRS by 1973, 1201; A 1977, 74; 1987, 807)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.480 - Requirements for sale with or without prescription.

1. Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold by a pharmacist, or by a person in a pharmacy under the direction of a pharmacist, on the prescription of a physician, dentist or veterinarian, or of an advanced practice registered nurse who is a practitioner. Those prescriptions must be filed as required by NRS 639.236, and may be refilled as authorized by the prescriber. Records of refilling must be maintained as required by NRS 639.2393 to 639.2397, inclusive.
2. Hypodermic devices which are not restricted by federal law to sale by or on the order of a physician may be sold or furnished without a prescription.
(Added to NRS by 1967, 1639; A 1971, 2028; 1973, 1202; 1983, 454, 1221; 1985, 1702; 1991, 796; 1993, 1223; 1995, 302; 2013, 2091, 3176)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.500 - Regulation of sale of hypodermic devices other than hypodermic needles or syringes.

The Board shall establish, by regulation, the type of devices other than hypodermic needles and syringes that must be sold in compliance with the provisions of NRS 454.480 to 454.530, inclusive.
(Added to NRS by 1967, 1640; A 1977, 74; 1993, 1224)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.510 - Unlawful possession of hypodermic device.

It is unlawful for any person to have in his or her possession or under his or her control any hypodermic device unless the person has acquired possession of such device in accordance with the provisions of NRS 454.480 to 454.530, inclusive.
(Added to NRS by 1967, 1640; A 1993, 1224)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.530 - Obtaining possession of hypodermic device by forged or fictitious name or fraudulent misrepresentation; penalty.

Any person who obtains possession of any hypodermic device by a fraudulent representation, a forged or fictitious name, or in violation of the provisions of NRS 454.480 to 454.530, inclusive, is guilty of a gross misdemeanor.
(Added to NRS by 1967, 1640; A 1981, 1967; 1993, 1224)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.534 - Burden of proving exception or exemption.

In any complaint, information or indictment and in any action or proceeding brought for the enforcement of any provision of NRS 454.181 to 454.530, inclusive, it is not necessary to negate any exception, excuse, proviso or exemption contained in NRS 454.181 to 454.530, inclusive, and the burden of proof of any such exception, excuse, proviso or exemption is upon the defendant.
(Added to NRS by 1969, 283; A 1971, 2029; 1973, 1202; 1983, 243)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.535 - Amount of drug needed to sustain conviction for prohibited offense.

The amount of a drug needed to sustain a conviction of a person for an offense prohibited by NRS 454.181 to 454.371, inclusive, is that amount necessary for identification as such drug by a witness qualified to make such identification for the prosecution and a witness qualified to make such identification for the defense.
(Added to NRS by 1971, 359; A 1973, 1202)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.680 - Applicability to certain products.

This chapter does not apply to:
1. Except as otherwise provided in NRS 454.323, products subject to the provisions of the Federal Hazardous Substances Act, 15 U.S.C. §§ 1261 et seq.; and
2. Products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. §§ 136 et seq.,
as the acts exist, respectively, on June 30, 1983.
(Added to NRS by 1967, 1631; A 1983, 243)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.695 - Prescriptions by advanced practice registered nurses.

An advanced practice registered nurse may prescribe poisons, dangerous drugs and devices for legitimate medical purposes in accordance with the certificate he or she holds from the Board and the license issued by the State Board of Nursing.
(Added to NRS by 1983, 1220; A 1991, 797; 2013, 2092)
2023 Nevada Revised Statutes › Chapter 454 - Poisons; Dangerous Drugs and Hypodermics › NRS 454.710 - Injunctions.

The Board may bring an action to enjoin any act which would be in violation of the provisions of this chapter. Such action must be commenced in the district court for the county in which the act is to occur and must be in conformity with Rule 65 of the Nevada Rules of Civil Procedure, except that the Board is not required to allege facts necessary to show or tending to show lack of adequate remedy at law or irreparable damage or loss. The action must be brought in the name of the State of Nevada.
(Added to NRS by 1979, 1681)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.010 - Erection of fence or other safeguard around excavation, hole or shaft required.

Any person or persons, company or corporation, who shall dig, sink or excavate, or cause the same to be done, or being the owner or owners, or in the possession under any lease or contract, of any shaft, excavation or hole, whether used for mining or otherwise, or whether dug, sunk or excavated for the purpose of mining, to obtain water, or for any other purpose, within this State, shall, during the time they may be employed in digging, sinking or excavating, or after they may have ceased work upon or abandoned the same, erect, or cause to be erected, good and substantial fences or other safeguards, and keep the same in good repair, around such works or shafts, sufficient to guard securely against danger to persons and animals from falling into such shafts or excavations.
[1:16:1866; B § 109; BH § 290; C § 271; RL § 3233; NCL § 5630]
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.020 - Filing of notice of violation; contents of notice.

Any person who is a resident of the county and knows, or has reason to believe, that the provisions of NRS 455.010 are being or have been violated within such county, may file with the sheriff or the constable of the township where the hole, excavation or shaft exists a notice which must be in writing and must state:
1. The location, as near as may be, of the hole, excavation or shaft.
2. That the hole, excavation or shaft is dangerous to persons or animals, and has been left, or is being worked, contrary to the provisions of NRS 455.010 to 455.180, inclusive.
3. The name of the owner or owners of the hole, excavation or shaft, if known, or, if the owner is unknown, any persons who were known to be employed therein.
4. Whether the hole, excavation or shaft appears to be abandoned.
[2:16:1866; B § 110; BH § 291; C § 272; RL § 3234; NCL § 5631]—(NRS A 1983, 904; 1987, 1868; 1993, 880)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.030 - Board of county commissioners to transmit information concerning dangerous condition at mine no longer operating to sheriff or constable; service of notice upon owner or responsible person.

1. If a board of county commissioners receives information from the Division of Minerals of the Commission on Mineral Resources that there is in the county a dangerous condition that results from mining practices which took place at a mine that is no longer operating, if the information identifies a person responsible for the condition, the board shall transmit this information to the sheriff or the constable of the township where the condition exists.
2. Upon receipt of information pursuant to subsection 1 or upon the filing of the notice, as provided for in NRS 455.020, the sheriff or constable shall serve a notice, in the same manner and form as a summons, upon each person identified as owner or otherwise responsible.
[3:16:1866; B § 111; BH § 292; C § 273; RL § 3235; NCL § 5632]—(NRS A 1983, 905; 1987, 1869; 1993, 1625; 1999, 3624)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.040 - Contents of notice; judgment; criminal penalty.

1. The notice served pursuant to subsection 2 of NRS 455.030 must require the person or persons to appear before the justice of the peace of the township where the hole, excavation, shaft or other condition exists, or any municipal judge who may be acting in the place of the justice of the peace, at a time to be stated therein, not less than 3 days nor more than 10 days from the service of the notice, and show, to the satisfaction of the court, that the provisions of NRS 455.010 to 455.180, inclusive, or the standards established by the Commission on Mineral Resources for the abatement of dangerous conditions have been complied with, or if the person or persons fail to appear, judgment will be entered against the person or persons for double the amount required to abate the condition.
2. All proceedings had therein must be as prescribed by law in civil cases.
3. Such persons, in addition to any judgment that may be rendered against them, are liable and subject to a fine not exceeding the sum of $250 for each violation of the provisions of NRS 455.010 to 455.180, inclusive, which judgments and fines must be adjudged and collected as provided for by law.
[4:16:1866; B § 112; BH § 293; C § 274; RL § 3236; NCL § 5633]—(NRS A 1979, 1476; 1987, 1869; 1993, 881; 2005, 905; 2023, 211)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.050 - Suits to be commenced in name of State of Nevada; disposition of judgments and fines.

1. Suits commenced under the provisions of NRS 455.010 to 455.180, inclusive, must be filed in the name of the State of Nevada.
2. All judgments collected must be paid into the county treasury for county purposes.
3. All fines collected must be paid into the State Permanent School Fund.
[5:16:1866; B § 113; BH § 294; C § 275; RL § 3237; NCL § 5634]—(NRS A 1993, 881; 2023, 212)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.060 - Determination by board of county commissioners of whether to fence or guard abandoned excavation or mine no longer operating; payment of expenses.

1. If the notice states that the excavation, shaft or hole has been abandoned, and no person claims the ownership thereof, the sheriff or constable shall notify the board of county commissioners of the county, or any member of the board of county commissioners, of its location. Upon receipt of the notice, or of information from the Division of Minerals of the Commission on Mineral Resources that there is in the county a dangerous condition resulting from mining practices which took place at a mine that is no longer operating, if the information does not identify any person responsible for the dangerous condition, the board shall, as soon as possible thereafter, decide whether it should be fenced or otherwise guarded to prevent accidents to persons or animals.
2. All expenses thus incurred must be paid first out of the judgments collected in accordance with the provisions of NRS 455.010 to 455.180, inclusive, in the same manner as other county expenses.
[6:16:1866; B § 114; BH § 295; C § 276; RL § 3238; NCL § 5635]—(NRS A 1983, 905; 1987, 1869; 1993, 881, 1625; 1995, 548; 1999, 3624)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.080 - Definitions.

As used in NRS 455.080 to 455.180, inclusive, unless the context otherwise requires, the words and terms defined in NRS 455.082 to 455.105, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1991, 1141; A 2005, 905; 2009, 1168; 2015, 322; 2023, 212)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.082 - "Approximate location of a subsurface installation" defined.

"Approximate location of a subsurface installation" means a strip of land not more than 24 inches on either side of the exterior surface of a subsurface installation. The term does not include the depth of the subsurface installation.
(Added to NRS by 1991, 1142; A 2007, 675)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.086 - "Damage" defined.

"Damage" means:
1. The substantial weakening of the structural or lateral support of a subsurface installation;
2. The penetration or destruction of any protective coating, housing or other protective device of a subsurface installation; or
3. The partial or complete severance of a subsurface installation.
(Added to NRS by 1991, 1142)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.090 - "Emergency" defined.

1. "Emergency" means a sudden, unexpected occurrence that involves clear and imminent danger and requires immediate action to prevent or mitigate loss of life or damage to health, property or essential public services.
2. As used in this section, "immediate action" includes, without limitation:
(a) The use of non-mechanical equipment and methods that are standard in the industry to determine the severity or spread of an underground leak; or
(b) The locating of a subsurface installation by the operator of the subsurface installation using non-mechanical equipment within the area of a proposed excavation if:
(1) The excavation is imminent;
(2) The excavator has complied with provisions of NRS 455.080 to 455.180, inclusive; and
(3) The operator has been unable to locate its subsurface installation.
(Added to NRS by 1991, 1142; A 2023, 212)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.092 - "Excavation" defined.

1. "Excavation" means the movement or removal of earth, rock or other material in or on the ground by:
(a) Use of mechanical equipment;
(b) Use of non-mechanical equipment by:
(1) A contractor; or
(2) Any person, other than a contractor, if at any point the movement or removal of such material occurs more than 12 inches below the surface of the original groundline; or
(c) The placement and discharge of explosives.
2. The term includes augering, backfilling, boring, digging, ditching, drilling, grading, plowing-in, ripping, scraping, trenching and tunneling.
(Added to NRS by 1991, 1142; A 2009, 1168; 2023, 212)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.093 - High consequence subsurface installation" defined.

"High consequence subsurface installation" means the following types of subsurface installations:
1. A high-pressure natural gas pipeline with a normal operating pressure greater than 100 pounds per square inch gauge;
2. A petroleum pipeline;
3. A pressurized sewage pipeline or force main;
4. A high-voltage electric supply line, conductor or cable that has a phase-to-phase potential of 115 kilovolts or more;
5. A high-capacity water pipeline that is 18 inches or more in diameter;
6. An optical carrier level communications line and any related facility;
7. A hazardous materials pipeline; or
8. Any other subsurface installation that if damaged will interrupt services provided by any facility or agency that provides health or safety services to the public, including, without limitation, hospitals, law enforcement agencies, armed forces, firefighting agencies, detention centers, air traffic control, emergency operation centers, telecommunication towers and water or sewer treatment plants.
(Added to NRS by 2015, 322)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.094 - "Mechanical equipment" defined.

"Mechanical equipment" means equipment operated by mechanical power, including a trencher, bulldozer, power shovel, auger, backhoe, scraper, drill, cable or pipe plow or any other equipment used for plowing-in cable or pipe.
(Added to NRS by 1991, 1142)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.095 - Non-mechanical equipment" defined.

"Non-mechanical equipment" means equipment operated solely by human power, including, without limitation, a hammer or other device used to drive stakes or rods into the ground, mattock, pickaxe, shovel or spade.
(Added to NRS by 2023, 211)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.096 - "Operator" defined.

"Operator" means any person who owns, operates or maintains a subsurface installation. The term does not include:
1. The Department of Transportation; or
2. An interstate railroad company that operates more than 1,000 miles of railroad track in this State, if the subsurface installations owned, operated or maintained by the company:
(a) Are located within the right-of-way of the company; and
(b) Do not include facilities subject to the jurisdiction of the United States Department of Transportation pursuant to 49 C.F.R. Parts 191 to 195, inclusive.
(Added to NRS by 1991, 1142; A 2023, 676)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.101 - "Subsurface installation" defined.

"Subsurface installation" means a pipeline, force main, supply line, conductor, conduit, cable, duct, wire, communications line, sewer line, storm drain, other drain line or other structure that is located underground.
(Added to NRS by 1991, 1142; A 2015, 323)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.103 - "Unexpected occurrence" defined.

"Unexpected occurrence" includes, but is not limited to, fire, flood, earthquake or other cause of the movement of the soil, or a riot, an accident, a motor vehicle crash or an act of sabotage that causes damage to a subsurface installation which requires immediate repair.
(Added to NRS by 1991, 1142; A 2015, 1679)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.107 - Exemption from compliance with statutory provisions.

1. Except as otherwise provided in subsection 2, possession of a permit to conduct an excavation or demolition does not exempt a person from complying with the provisions of NRS 455.080 to 455.180, inclusive.
2. A person is exempt from complying with the provisions of NRS 455.080 to 455.180, inclusive, if the person obtains the written consent of all operators involved in the proposed excavation or demolition before the person receives a permit to conduct the excavation or demolition.
(Added to NRS by 1991, 1142; A 2005, 905; 2009, 1168; 2023, 213)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.110 - Notification of association for operators required; marking proposed area of excavation or demolition; exception.

1. Except as otherwise provided in subsection 2, a person shall not begin an excavation or demolition if the excavation or demolition is to be conducted in an area that is known or reasonably should be known to contain a subsurface installation, except a subsurface installation owned or operated by the person conducting the excavation or demolition, unless the person:
(a) Notifies the appropriate association for operators pursuant to NRS 455.120, at least 2 working days but not more than 28 calendar days before excavation or demolition is scheduled to commence. The notification may be written or provided by telephone and must state the name, address and telephone number of the person who is responsible for the excavation or demolition, the starting date of the excavation or demolition, anticipated duration and type of excavation or demolition to be conducted, the specific area of the excavation or demolition and whether explosives are to be used.
(b) Cooperates with the operator in locating and identifying its subsurface installation by:
(1) Meeting with its representative as requested; and
(2) Making a reasonable effort that is consistent with the practice in the industry to mark with white paint, flags, stakes, whiskers or another method that is agreed to by the operator and the person who is responsible for the excavation or demolition, the proposed area of the excavation or demolition.
2. A person responsible for emergency excavation or demolition is not required to comply with the provisions of subsection 1 if there is a substantial likelihood that loss of life, health or property will result before the provisions of subsection 1 can be fully complied with. The person shall notify the operator of the action the person has taken as soon as practicable.
(Added to NRS by 1987, 1178; A 1991, 1145; 2005, 906; 2007, 675)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.115 - Record of notification of excavation or demolition; provision of names of operators to whom notice is transmitted by association for operators.

1. An association for operators who receives notification pursuant to NRS 455.110 by telephone and an operator who receives notification of a proposed excavation or demolition by telephone shall keep a written record of the notification for 6 years. The record must include, but is not limited to, the following information:
(a) The name of the person initiating the telephone call;
(b) The name, address and telephone number of the person who is responsible for the excavation or demolition;
(c) The starting date and anticipated duration of the excavation or demolition;
(d) The type of excavation or demolition to be conducted;
(e) The specific area of the excavation or demolition; and
(f) Whether explosives are to be used.
2. If a person makes a notification to an association for operators pursuant to NRS 455.110, the association for operators shall provide to the person the names of the operators to whom the notice is transmitted by the association.
(Added to NRS by 1991, 1144)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.120 - Operator required to join association for operators to receive notification; statement to be filed with county clerk identifying association; record of notification received by telephone.

An operator shall:
1. Join an association for operators to receive the notification required pursuant to paragraph (a) of subsection 1 of NRS 455.110 for its members.
2. File a statement with the clerk of the county in which the business of the operator is located:
(a) Containing the name, telephone number and address of the association; and
(b) Describing the geographical area served by the association for operators.
3. Make a written record of each notification of a proposed excavation or demolition that the operator receives by telephone.
(Added to NRS by 1987, 1178; A 1991, 1146)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.127 - Duty of operator of sewer main to maintain certain information relating to locations of connections.

An operator of a sewer main shall maintain all information relating to the locations of connections of sewer service laterals to the sewer main:
1. Developed by the operator pursuant to NRS 455.125; or
2. Provided to the operator pursuant to subsection 2 of NRS 455.131.
(Added to NRS by 2009, 1168)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.129 - Operator of sewer main does not assume further duties or responsibilities for compliance with provisions.

An operator of a sewer main who is not otherwise required by law to be responsible for the maintenance, operation, ownership or repair of a sewer service lateral that connects to the sewer main does not assume any further duty with respect to a sewer service lateral pursuant to this chapter nor become responsible for the maintenance, operation, ownership or repair of the sewer service lateral that connects to the sewer main solely because the operator complied with the provisions of NRS 455.080 to 455.180, inclusive.
(Added to NRS by 2009, 1168)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.130 - Duties of operator upon receipt of notification concerning certain subsurface installations.

1. Except in an emergency or as otherwise provided in subsection 2 or NRS 455.125, if an operator receives notice through an association for operators pursuant to paragraph (a) of subsection 1 of NRS 455.110, the operator shall:
(a) Locate and identify the subsurface installations and, if known, the number of subsurface installations that are affected by the proposed excavation or demolition to the extent and to the degree of accuracy that the information is available in the records of the operator or can be determined by using techniques of location that are commonly used in the industry, except excavating, within 2 working days or within a time mutually agreed upon by the operator and the person who is responsible for the excavation or demolition;
(b) Remove or protect a subsurface installation as soon as practicable if the operator decides it should be removed or protected; and
(c) Advise the person who contacted the association for operators of the location of the subsurface installations of the operator that are affected by the proposed excavation or demolition.
2. The operator shall notify the person who contacted the association for operators if the operator has no subsurface installations that are affected by the proposed excavation or demolition.
(Added to NRS by 1987, 1178; A 1991, 1146; 2009, 1169)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.131 - Use of permanent device to identify location of certain subsurface installations required; options for operator of sewer main.

1. Except as otherwise provided in subsection 2, an operator shall, for each subsurface installation that is installed on or after October 1, 2005, which cannot be detected from or above the surface of the ground by means of either the material used in constructing the subsurface installation or a conductor within the subsurface installation, install a permanent device which designates or provides a means of detecting a subsurface installation through the use of a noninvasive method from or above the surface of the ground. Such a device includes, without limitation, a tracer wire or a marker.
2. A person who connects a sewer service lateral to a sewer main shall, at the option of the operator of the sewer main:
(a) Install a permanent device as described in subsection 1 of a type designated by the operator of the sewer main at the connection of the sewer service lateral to the sewer main and where the sewer service lateral exits the public right-of-way and promptly provide the operator of the sewer main with the location of such permanent devices;
(b) Promptly provide the operator of the sewer main with the location of the connection of the sewer service lateral to the sewer main and where the sewer service lateral exits the public right-of-way as described by global positioning system coordinates which:
(1) Are either identified by latitude and longitude using decimal degrees or are identified using coordinates of the Universal Transverse Mercator system; and
(2) Specify for each coordinate whether the North American Datum of 1927, North American Datum of 1983 or the World Geodetic System 1984 was used; or
(c) Provide to the operator of the sewer main notification of when the sewer service lateral is exposed so that the operator of the sewer main can identify the location of the sewer service lateral.
3. As used in this section:
(a) "Above ground marker" is a marker which is installed flush with the surface of the ground or which protrudes above the surface of the ground above a subsurface installation and includes information concerning the subsurface installation.
(b) "Electronic marker" is a marker which is buried at various depths below or near the surface of the ground above a subsurface installation and which contains a passive antenna that:
(1) Can be identified with detection equipment; and
(2) Does not require an internal power source.
(c) "Marker" is a device that physically designates the location of a subsurface installation at intermittent locations along or above the subsurface installation and includes, without limitation, an above ground marker or electronic marker.
(d) "Tracer wire" is a locating wire which is installed in conjunction with a subsurface installation and is connected to a transmitter that carries a signal which is read by a receiver above the surface of the ground for the detection of the location of the subsurface installation.
(Added to NRS by 2005, 904; A 2009, 1169)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.133 - Criteria and colors for marking location of subsurface installation: Regulations of Public Utilities Commission of Nevada.

1. An operator who marks the approximate location of a subsurface installation shall make a reasonable effort to make the markings in a manner that is consistent with the practice in the industry. The operator shall use the identifying criteria and colors set forth in the regulations of the Public Utilities Commission of Nevada for the markings.
2. In adopting regulations setting forth the criteria and colors to be used pursuant to this section, the Public Utilities Commission of Nevada shall use nationally accepted standards for the identifying criteria and colors for marking subsurface installations.
(Added to NRS by 1991, 1143; A 2005, 906)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.137 - Determination of location of subsurface installation required before mechanical equipment may be used.

1. Except as otherwise provided in subsection 2, the person responsible for an excavation or demolition shall, before using any mechanical equipment, determine the exact location of a subsurface installation that is affected by the excavation or demolition by excavating with non-mechanical equipment or by any other method agreed upon by the person responsible for the excavation or demolition and the operator within the approximate location of the subsurface installation as designated by markings made in accordance with NRS 455.133.
2. A person may use mechanical equipment for the removal of pavement if there are no subsurface installations contained in the pavement.
3. If the exact location of a subsurface installation cannot be determined by using non-mechanical equipment, the person responsible for an excavation or demolition shall request the operator to provide additional information to locate the installation. The operator shall, within 1 working day, provide any information that is available to the operator to enable the person responsible for the excavation or demotion to determine the exact location of the installation.
(Added to NRS by 1991, 1143; A 2023, 213)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.140 - Duties of person responsible for contact with, exposure of or damage to subsurface installation.

1. Each person responsible for any excavation or demolition that results in contact with, exposure of or damage to a subsurface installation shall:
(a) Notify the operator of the location and nature of the damage; and
(b) Allow the operator reasonable time, consistent with the practice in the industry, to arrange for and to make any necessary repairs to the subsurface installation before completing the excavation or demolition in the immediate area of the subsurface installation.
2. Each person responsible for any excavation or demolition that results in any damage to a subsurface installation which permits the escape of water, of any flammable, toxic or corrosive gas or liquid, or of electricity, shall:
(a) Notify the operator; and
(b) Minimize the hazard until the arrival of the personnel of the operator.
(Added to NRS by 1987, 1178; A 1991, 1146)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.150 - Release from liability for cost of repairs to subsurface installation.

Any person who substantially complies with the provisions of NRS 455.080 to 455.180, inclusive, is not liable for the cost of repairing any damage to a subsurface installation which results from the person’s excavation or demolition.
(Added to NRS by 1987, 1179; A 1991, 1147; 2009, 1170; 2023, 213)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.160 - Injunctive relief.

1. The Regulatory Operations Staff of the Public Utilities Commission of Nevada, the Attorney General, an operator, a person conducting an excavation or demolition, or the district attorney of a county or the city attorney of a city in which there is an excavation or demolition or a proposed excavation or demolition which he or she believes may cause death, serious physical harm or serious property damage may file a complaint in the district court for the county seeking to enjoin the activity or practice of an operator or a person who is responsible for the excavation or demolition.
2. Upon the filing of a complaint pursuant to subsection 1, the court may issue a temporary restraining order before holding an evidentiary hearing.
(Added to NRS by 1991, 1143; A 1997, 2000; 2007, 675)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.180 - Civil remedies preserved; additional civil remedy not created.

The provisions of NRS 455.080 to 455.170, inclusive, do not affect any civil remedies provided by law for personal injury or property damage and do not create a new civil remedy for any personal injury or property damage.
(Added to NRS by 1991, 1145; A 2009, 1171; 2023, 214)
2023 Nevada Revised Statutes › Chapter 455 - Excavations and High-Voltage Lines › NRS 455.200 - Definitions.

As used in NRS 455.200 to 455.250, inclusive, unless the context otherwise requires:
1. "High voltage" means voltage in excess of 600 volts measured between conductors or between a conductor and a ground.
2. "Overhead line" means a bare or insulated electrical conductor installed above ground.
3. "Public utility" has the meaning ascribed to it in NRS 704.020.
(Added to NRS by 1993, 878)