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2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.500 - Scope of authority.

Each private professional guardian company which is licensed pursuant to this chapter may, in the conduct of its business activities, within and outside this State, as applicable:
1. Act under the order or appointment of any court as guardian.
2. Accept and execute any activities and duties relating to the business of a private professional guardian as permitted by any law.
3. Exercise the powers of a corporation, partnership or limited-liability company organized or qualified as a foreign corporation, partnership or limited-liability company under the laws of this State and any incidental powers that are reasonably necessary to enable it to exercise, in accordance with commonly accepted customs and usages, a power conferred by this chapter.
4. Perform any act authorized by this chapter and any other applicable laws of this State.
(Added to NRS by 2015, 2355)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.520 - Duty to maintain principal office in State; requirements.

1. A private professional guardian company licensed pursuant to this chapter shall maintain its principal office in this State.
2. To qualify as the principal office for the purposes of subsection 1, an office of the private professional guardian company must:
(a) Have a verifiable physical location in this State at which the private professional guardian company conducts such business operations in this State as are necessary to administer private professional guardianships in this State;
(b) Have available at the office a private professional guardian who meets the requirements set forth in paragraph (a) of subsection 1 of NRS 159.0595 and is a permanent resident of this State and at least 21 years of age;
(c) Have any license issued pursuant to this chapter conspicuously displayed;
(d) Have available at the office originals or true copies of all material business records and accounts of the private professional guardian company, which must be readily available to access and readily available for examination by the Division;
(e) Have available to the public written procedures for making claims against the surety bond required to be maintained pursuant to NRS 628B.540;
(f) Have available all services to residents of this State which are consistent with the business plan of the private professional guardian company included with the application for a license; and
(g) Comply with any other requirements specified by the Commissioner.
(Added to NRS by 2015, 2352; A 2017, 2429)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.530 - Foreign branch offices of licensees and branch offices of foreign private professional guardian companies: Approval required; fees.

1. It is unlawful for any private professional guardian company licensed pursuant to this chapter to engage in the business of a private professional guardian at any office outside this State without the prior approval of the Commissioner.
2. Before the Commissioner will approve a branch to be located outside this State, the private professional guardian company must:
(a) Obtain from that state any required license as a private professional guardian; or
(b) Provide proof satisfactory to the Commissioner that the private professional guardian company has met all the requirements to engage in the business of a private professional guardian in that state pursuant to its laws, including, without limitation, written documentation from the appropriate court or state agency that the private professional guardian company is authorized to do business in that state.
3. For each branch location of a private professional guardian company organized under the laws of this State, and every branch location in this State of a foreign private professional guardian company authorized to do business in this State, a request for approval and licensing must be filed with the Commissioner on forms prescribed by the Commissioner. A nonrefundable fee of not more than $500, as provided by the Commissioner, must accompany each request. In addition, a fee of not more than $200, to be prorated on the basis of the licensing year as provided by the Commissioner, must be paid at the time of making the request. Money collected pursuant to this section must be deposited in the Investigative Account for Financial Institutions created by NRS 232.545.
4. A foreign corporation or limited-liability company wishing to engage in the business of a private professional guardian in this State must use a name that distinguishes it from any other private professional guardian in this State.
(Added to NRS by 2015, 2353; A 2017, 2429)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.550 - Fiduciary duty; prohibited transactions or interests; voidable transactions; additional remedies; appointment and review of guardianships; filing of reports with court.

1. The fiduciary relationship which exists between a private professional guardian and the protected person of the private professional guardian may not be used for the private gain of the guardian other than the remuneration for fees and expenses. A private professional guardian may not incur any obligation on behalf of the guardianship that conflicts with the discharge of the duties of the private professional guardian.
2. Unless prior approval is obtained from a court of competent jurisdiction, a private professional guardian shall not:
(a) Have any interest, financial or otherwise, direct or indirect, in any business transaction or activity with the guardianship.
(b) Acquire an ownership, possessory, security or other pecuniary interest adverse to the protected person.
(c) Be knowingly designated as a beneficiary on any life insurance policy or pension or benefit plan of the protected person unless such designation was validly made by the protected person before the adjudication of the person’s incapacity.
(d) Directly or indirectly purchase, rent, lease or sell any property or services from or to any business entity in which the private professional guardian, or the spouse or relative of the guardian, is an officer, partner, director, shareholder or proprietor or in which such a person has any financial interest.
3. Any action taken by a private professional guardian which is prohibited by this section may be voided during the term of the guardianship or by the personal representative of the protected person’s estate. The private professional guardian is subject to removal and to imposition of personal liability through a proceeding for discharge, in addition to any other remedies otherwise available.
4. A court shall not appoint a private professional guardian that does not meet the requirements set forth in NRS 159.0595 as the guardian of a person or estate. The court must review each guardianship involving a private professional guardian on the anniversary date of the appointment of the private professional guardian. If a private professional guardian does not meet the requirements set forth in NRS 159.0595, the court must replace the guardian until such time as the private professional guardian meets such requirements.
5. A private professional guardian shall file any report required by the court in a timely manner.
(Added to NRS by 2015, 2355; A 2017, 908, 2431)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.570 - Written report of examination of accounts and records: Preparation; contents.

1. After an examination is conducted pursuant to NRS 628B.560, the person who conducted the examination shall prepare a written report of the results of the examination which must be signed by the Commissioner or his or her designee.
2. The written report must contain a true and detailed statement of the financial condition of the private professional guardian company and, if applicable, a full statement of any violations of the provisions of this chapter.
(Added to NRS by 2015, 2357)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.580 - Written report of examination of accounts and records: Distribution; notice of conditions to be corrected; service of copy to court.

1. The Commissioner shall provide a copy of a report prepared pursuant to NRS 628B.570 to the president or secretary of the board of directors of the private professional guardian company if the company is a corporation, or to a manager or owner of the private professional guardian company if the company is not a corporation, and may make a copy available to each member of the board of directors or each manager or owner, as applicable. If, in the judgment of the Commissioner, the report discloses any violation of the provisions of this chapter committed by the private professional guardian company, or if it appears from the report that there are certain conditions existing which should be corrected by the private professional guardian company, the Commissioner may, in writing, call the matter to the attention of each member of the board of directors or each manager or owner, with instructions to correct the condition.
2. Upon the preparation of the report as provided in NRS 628B.570, the Commissioner shall also serve a copy thereof to the court having jurisdiction of each protected person of the private professional guardian company.
(Added to NRS by 2015, 2357)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.590 - Authority of Commissioner to require licensee to submit annual financial statement or audit; annual submission of ledger of stockholders or list of members and managers; fee for noncompliance; submission of more frequent reports; regulations.

1. The Commissioner may require a licensee to submit an annual financial statement or an audited financial statement prepared by an independent certified public accountant licensed to do business in this State, dependent upon the size and complexity of the private professional guardian company.
2. If applicable, on or before April 15 of each year, each licensee shall submit to the Commissioner and the Registry the stock ledger of stockholders of the corporation required to be maintained pursuant to paragraph (c) of subsection 1 of NRS 78.105 or the list of each member and manager required to be maintained pursuant to paragraph (a) of subsection 1 of NRS 86.241, verified by the president or a manager, as appropriate.
3. A list of each member and manager submitted pursuant to subsection 2 must include the percentage of each member’s interest in the company, in addition to the requirements set forth in NRS 86.241.
4. If a licensee fails to submit the ledger or list required pursuant to this section within the prescribed period, the Commissioner may impose and collect a fee of not more than $10 for each day the report is late.
5. The Commissioner may require a licensee to file more frequent reports as the Commissioner determines necessary.
6. The Commissioner shall adopt regulations establishing the amount of the fee that may be imposed pursuant to this section.
(Added to NRS by 2015, 2358; A 2021, 2058)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.600 - Authority of Commissioner to require immediate removal of officer, director, manager or employee; grounds; appeal; notice and hearing; entry of order; final order for purposes of judicial review.

1. The Commissioner may require the immediate removal from office of any officer, director, manager or employee of any private professional guardian company doing business under this chapter who is found to be dishonest, incompetent or reckless in the management of the affairs of the private professional guardian company, or who persistently violates the laws of this State or the lawful orders, instructions and regulations issued by the Commissioner.
2. An officer, director, manager or employee of a private professional guardian company who is required to be removed from office pursuant to subsection 1 may appeal his or her removal by filing a written request for a hearing with the Commissioner within 10 days after the effective date of his or her removal. The Commissioner shall conduct the hearing after providing at least 5 days’ written notice to the private professional guardian company and the officer, director, manager or employee who is appealing his or her removal from office. Within 5 days after the conclusion of the hearing, the Commissioner shall enter an order affirming or disaffirming the removal of the person from office. An order of the Commissioner entered pursuant to this subsection is final for the purposes of judicial review.
(Added to NRS by 2015, 2358)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.700 - Authorized actions of Commissioner; grounds.

1. The Commissioner may take administrative action against a licensee, including, without limitation, revoking or suspending the license, or initiate proceedings as provided in NRS 628B.940 if the private professional guardian company:
(a) Has violated this chapter or any other state or federal laws applicable to the business of a private professional guardian.
(b) Is conducting the business in an unauthorized or unsafe manner.
(c) Is in an unsafe or unsound condition to transact business.
(d) Has an impairment of the surety bonds held by the private professional guardian company.
(e) Has an impairment of the fidelity bonds held by the private professional guardian company.
(f) Has become insolvent.
(g) Has neglected or refused to comply with the terms of a lawful order of the Commissioner.
(h) Has refused, upon proper demand, to submit its records, affairs and concerns for inspection and examination by an appointed or authorized examiner of the Commissioner.
(i) Has refused to provide copies to the Division upon request, and in cooperation with any investigation, inspection or examination, of any and all documents reviewed by the Division during any such investigation, inspection or examination.
(j) Has failed to pay any state or local taxes as required.
(k) Has materially and willfully breached its fiduciary duties to a protected person.
(l) Has failed to properly disclose all fees, interest and other charges to the court and the public.
(m) Has willfully engaged in material conflicts of interest regarding a protected person.
(n) Has made intentional material misrepresentations regarding any aspect of the services performed or proposed to be performed by the private professional guardian company.
2. The Commissioner also may initiate such proceedings to take possession of the business and property of any private professional guardian company if an officer, partner, member or sole proprietor of the private professional guardian company refuses to be examined upon oath regarding its affairs.
(Added to NRS by 2015, 2359)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.710 - Immediate suspension of license: Grounds; procedure; provision of copy of order to district courts.

1. If the Commissioner finds that probable cause for the revocation of any license exists and that the public interest requires the immediate suspension of the license pending an investigation, the Commissioner may, upon 5 days’ written notice offering the opportunity for a hearing, enter an order suspending the license for a period of not more than 20 days, pending a hearing upon the revocation of the license unless the opportunity for a hearing is waived by the licensee.
2. If the Commissioner enters an order suspending a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.
(Added to NRS by 2015, 2360)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.720 - Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until 2 years after the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

1. If the Commissioner receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a license to engage in the business of a private professional guardian, the Commissioner shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commissioner receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Commissioner shall reinstate a license that has been suspended by a district court pursuant to NRS 425.540 if the Commissioner receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 2015, 2348)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.730 - Revocation or suspension of license: Notice and hearing; grounds; action by Commissioner after hearing; provision of copy of order to district courts.

1. If the Commissioner has reason to believe that grounds for the revocation or suspension of a license exist, the Commissioner shall give at least 20 days’ written notice to the private professional guardian company stating the contemplated action and, in general, the grounds therefor and set a date for a hearing.
2. At the conclusion of a hearing, the Commissioner shall:
(a) Enter a written order dismissing the charges, revoking the license or suspending the license for a period of not more than 60 days, which period must include any prior temporary suspension. The Commissioner shall send a copy of the order to the private professional guardian company by registered or certified mail.
(b) Impose upon the private professional guardian company an administrative fine of not more than $10,000 for each violation by the private professional guardian company of any provision of this chapter or any regulation adopted pursuant thereto.
(c) If a fine is imposed pursuant to this section, enter such order as is necessary to recover the costs of the proceeding, including investigative costs and attorney’s fees.
3. The grounds for revocation or suspension of a license are that:
(a) The private professional guardian company has failed to pay the annual license fee;
(b) The private professional guardian company has violated any provision of this chapter or any regulation adopted pursuant thereto or any lawful order of the Commissioner;
(c) The private professional guardian company has failed to pay any applicable state or local tax as required;
(d) Any fact or condition exists which would have justified the Commissioner in denying the original application for a license pursuant to the provisions of this chapter; or
(e) The private professional guardian company:
(1) Failed to open an office for the conduct of the business authorized by its license within 180 days after the date the license was issued; or
(2) Has failed to remain open for the conduct of the business for a period of 30 consecutive days without good cause therefor.
4. An order suspending or revoking a license becomes effective 5 days after being entered unless the order specifies otherwise or a stay is granted.
5. If the Commissioner enters an order suspending or revoking a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.
(Added to NRS by 2015, 2359; A 2017, 2433)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.740 - Revocation of license for failure to open or maintain business; provision of copy of order to district courts.

1. The Commissioner shall revoke the license of a private professional guardian company if the company:
(a) Fails to open for business within 6 months after the date the license was issued, or within an additional 6-month extension granted by the Commissioner upon written application and for good cause shown; or
(b) Fails for more than 30 consecutive days to maintain regular business hours or otherwise conduct the business of a private professional guardian.
2. If the Commissioner enters an order revoking a license pursuant to this section, the Commissioner shall send a copy of the order to each district court in this State.
(Added to NRS by 2015, 2355)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.750 - Alleged violations by licensee: Complaint; investigation; provision of copy and notice of informal hearing to subject and Attorney General; verified answer; action by Commissioner after informal hearing.

1. Upon the filing with the Commissioner of a verified complaint against a private professional guardian company, the Commissioner shall investigate the alleged violation of the provisions of this chapter.
2. If the Commissioner determines that a complaint filed pursuant to subsection 1 warrants further action, the Commissioner shall send a copy of the complaint and notice of the date set for an informal hearing to the subject of the complaint and the Attorney General.
3. The Commissioner may require the private professional guardian company that is the subject of a complaint to file a verified answer to the complaint within 10 days after receipt of the complaint unless, for good cause shown, the Commissioner extends the time required for filing an answer for a period not to exceed 60 days.
4. If at the hearing the complaint is not explained to the satisfaction of the Commissioner, the Commissioner may take such action against the private professional guardian company as authorized by the provisions of this chapter.
(Added to NRS by 2015, 2361)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.760 - Records of Commissioner: Certain records relating to complaint and investigation deemed confidential; certain records relating to disciplinary action deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Commissioner, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.
2. The complaint or other documents filed by the Commissioner to initiate disciplinary action and all documents and information considered by the Commissioner when determining whether to impose discipline are public records.
(Added to NRS by 2015, 2361)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.900 - Knowing or willful neglect to perform required act or duty or failure to satisfy material lawful requirement made by Commissioner; penalty.

1. A licensee who knowingly or willfully neglects to perform any act or duty required by this chapter or other applicable law, or who knowingly or willfully fails to satisfy any material lawful requirement made by the Commissioner is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. If no other punishment is otherwise provided by law, a person who violates any provision of this chapter is guilty of a gross misdemeanor.
(Added to NRS by 2015, 2362)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.910 - Administrative fines; limitation.

1. In addition to any other remedy or penalty, the Commissioner may impose an administrative fine of not more than $10,000 per violation upon a person who violates any provision of this chapter or any regulation adopted pursuant thereto.
2. The maximum total fine that the Commissioner may impose on any person pursuant to this section with respect to the same or similar actions or series of actions which constitute the violations must not exceed the greater of $250,000 or 125 percent of the monetary value of all losses incurred by the private professional guardian company and its protected persons as the direct or indirect result of such violations.
(Added to NRS by 2015, 2361)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.920 - Use of term "private professional guardian" or "guardianship services" as part of business name or in advertising by unlicensed person prohibited.

A person who does not have a license issued pursuant to this chapter shall not:
1. Use the term "private professional guardian" or "guardianship services" as a part of the person’s business name.
2. Advertise or use any sign which includes the term "private professional guardian."
(Added to NRS by 2015, 2345; A 2017, 2434)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.930 - Unlicensed activity: Complaint; investigation; order to cease and desist; administrative fine or written agreement to cease and desist; lawsuit to recover fine; cumulative penalty.

1. The Commissioner shall conduct an investigation if he or she receives a verified complaint that a person who does not meet the requirements set forth in NRS 159.0595 is engaging in any activity relating to service as a private professional guardian.
2. If the Commissioner determines that a person who does not meet the requirements set forth in NRS 159.0595 is engaged in any activity relating to service as a private professional guardian, the Commissioner shall:
(a) Issue and serve on the person an order to cease and desist from engaging in the activity until such time as the person meets the requirements set forth in NRS 159.0595; and
(b) Send a copy of the order to each district court in this State.
3. If a person upon whom an order to cease and desist is served pursuant to subsection 2 does not comply with the order within 30 days after the service of the order, the Commissioner shall, after providing to the person notice and an opportunity for a hearing:
(a) Impose upon the person an administrative fine of $10,000; or
(b) Enter into a written agreement with the person pursuant to which the person agrees to cease and desist from engaging in any activity in this State relating to service as a private professional guardian and impose upon the person an administrative fine of not less than $5,000 and not more than $10,000.
4. The Commissioner shall bring suit in the name and on behalf of the State of Nevada against a person upon whom an administrative fine is imposed pursuant to subsection 3 to recover the amount of the administrative fine if:
(a) No petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after notice of the imposition of the fine; or
(b) A petition for judicial review is filed pursuant to NRS 233B.130 and the fine remains unpaid for at least 90 days after the exhaustion of any right of appeal in the courts of this State resulting in a final determination that upholds the imposition of the fine.
5. A person’s liability for an administrative fine is in addition to any other penalty provided for in this chapter.
(Added to NRS by 2015, 2346; A 2017, 2434)
2023 Nevada Revised Statutes › Chapter 628B - Private Professional Guardians › NRS 628B.940 - Violation or potential violation of chapter: Order to cease and desist or refrain; injunctive action; appointment and duties of receiver of impounded property or business.

1. If the Commissioner has reasonable cause to believe that any person is violating or is threatening to or intends to violate any provision of this chapter, the Commissioner may, in addition to any action provided for in this chapter and chapter 233B of NRS and without prejudice thereto, enter an order requiring the person to cease and desist or to refrain from such violation. If the Commissioner enters such an order pursuant to this subsection, the Commissioner shall send a copy of the order to each district court in this State.
2. The Commissioner may bring an action to enjoin a person from engaging in or continuing a violation or from doing any act or acts in furtherance thereof. In any such action, irreparable harm and lack of an adequate remedy at law will be presumed and an order or judgment may be entered awarding a preliminary or final injunction as may be deemed proper. The findings of the Commissioner shall be deemed to be prima facie evidence and sufficient grounds, in the discretion of the court, for the issuance ex parte of a temporary restraining order.
3. In addition to all other means provided by law for the enforcement of a restraining order or injunction, the court in which an action is brought may impound, and appoint a receiver for, the property and business of the person, including books, papers, documents and records pertaining thereto, or so much thereof as a court may deem reasonably necessary to prevent violations of this chapter through or by means of the use of property and business, whether such books, papers, documents and records are in the possession of the person, a registered agent acting on behalf of the person or any other person. If a receiver is appointed and qualified, the receiver has such powers and duties relating to the custody, collection, administration, winding up and liquidation of such property and business as may be conferred upon the receiver by the court.
4. If a receiver is appointed pursuant to subsection 3, the receiver shall remit to the owners, members or shareholders of the private professional guardian company any amount of equity of the private professional guardian company remaining after the discharge of the liabilities and payment of the normal, prudent and reasonable expenses of the receivership.
(Added to NRS by 2015, 2360)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.011 - Definitions.

As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 629.016 to 629.031, inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1977, 1313; A 2015, 1554; 2017, 2756)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.016 - "Custodian of health care records" and "custodian" defined.

1. "Custodian of health care records" or "custodian" means:
(a) Any person having primary custody of health care records pursuant to this chapter; or
(b) Any facility that maintains the health care records of patients.
2. For the purposes of this section, a provider of health care shall not be deemed to have primary custody of health care records or to be the operator of a facility that maintains the health care records of patients:
(a) Solely by reason of the status of the provider as a member of a group of providers of health care; or
(b) If another person is employed or retained to maintain custody of the health care records of the provider.
(Added to NRS by 2017, 2756)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.021 - "Health care records" defined.

"Health care records" means, except as otherwise provided in NRS 641.2291, 641A.297, 641B.355 or 641C.610, any reports, notes, orders, photographs, X-rays or other recorded data or information whether maintained in written, electronic or other form which is received or produced by a provider of health care, or any person employed by a provider of health care, and contains information relating to the medical history, examination, diagnosis or treatment of the patient.
(Added to NRS by 1977, 1313; A 1993, 916; 2021, 2191)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.031 - "Provider of health care" defined.

Except as otherwise provided by a specific statute:
1. "Provider of health care" means:
(a) A physician licensed pursuant to chapter 630, 630A or 633 of NRS;
(b) A physician assistant;
(c) An anesthesiologist assistant;
(d) A dentist;
(e) A dental therapist;
(f) A dental hygienist;
(g) A licensed nurse;
(h) A person who holds a license as an attendant or who is certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant to chapter 450B of NRS or authorized to practice as an emergency medical technician, advanced emergency medical technician or paramedic in this State under the Recognition of Emergency Medical Services Personnel Licensure Interstate Compact ratified by NRS 450B.145;
(i) A dispensing optician;
(j) An optometrist;
(k) A speech-language pathologist;
(l) An audiologist;
(m) A practitioner of respiratory care;
(n) A licensed physical therapist;
(o) An occupational therapist;
(p) A podiatric physician;
(q) A licensed psychologist;
(r) A licensed marriage and family therapist;
(s) A licensed clinical professional counselor;
(t) A music therapist;
(u) A chiropractic physician;
(v) An athletic trainer;
(w) A perfusionist;
(x) A doctor of Oriental medicine in any form;
(y) A medical laboratory director or technician;
(z) A pharmacist;
(aa) A licensed dietitian;
(bb) An associate in social work, a social worker, a master social worker, an independent social worker or a clinical social worker licensed pursuant to chapter 641B of NRS;
(cc) An alcohol and drug counselor or a problem gambling counselor who is certified pursuant to chapter 641C of NRS;
(dd) An alcohol and drug counselor or a clinical alcohol and drug counselor who is licensed pursuant to chapter 641C of NRS;
(ee) A behavior analyst, assistant behavior analyst or registered behavior technician;
(ff) A naprapath; or
(gg) A medical facility as the employer of any person specified in this subsection.
2. For the purposes of NRS 629.400 to 629.490, inclusive, the term includes a person who holds a current license or certificate to practice his or her respective discipline pursuant to the applicable provisions of law of another state or territory of the United States.
(Added to NRS by 1977, 1313; A 1983, 1492; 1987, 2123; 1991, 1126; 1993, 2217; 1995, 1792; 1997, 679; 2003, 904; 2005, 69; 2007, 3041, 3050; 2009, 2942; 2011, 1092, 1510, 2678; 2013, 275, 2282; 2015, 878, 1554, 2292; 2017, 1578, 2756; 2021, 1593, 3483; 2023, 1544, 1672, 2295, 3321)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.041 - Provider of health care required to report persons having injuries apparently inflicted by knife or firearm in nonaccidental circumstances.

Every provider of health care to whom any person comes or is brought for treatment of an injury which appears to have been inflicted by means of a firearm or knife, not under accidental circumstances, shall promptly report the person’s name, if known, his or her location and the character and extent of the injury to an appropriate law enforcement agency.
(Added to NRS by 1977, 239)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.043 - Provider of health care required to report persons having injuries inflicted during existence of state of emergency or declaration of disaster or illnesses contracted during public health emergency or other health event; immunity of certain persons from civil action for disclosure; confidentiality and maintenance of report.

1. A provider of health care to whom any person comes or is brought for the treatment of an injury which the provider concludes was inflicted during the existence of a state of emergency or declaration of disaster pursuant to NRS 414.070 or an illness which the provider concludes was contracted during a public health emergency or other health event pursuant to NRS 439.970 shall submit a written report to the State Disaster Identification Coordination Committee.
2. A report submitted pursuant to subsection 1 must include, in as much detail as possible:
(a) The name, address, telephone number and electronic mail address of the person treated, if known;
(b) The number of the medical record of the person treated;
(c) The location where the person was treated; and
(d) The character or extent of the injuries or illness of the person treated.
3. A provider of health care and his or her agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section.
4. Except as otherwise provided in NRS 414.280, a report submitted to the State Disaster Identification Coordination Committee pursuant to this section is confidential and must be securely maintained by each person who has possession, custody or control of the report.
(Added to NRS by 2019, 1079; A 2021, 277; 2023, 155)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.045 - Provider of health care required to report persons having burn injuries sustained from open flame, explosion or flash fire; immunity of certain persons from civil action for disclosure.

1. Every provider of health care to whom any person who sustains an injury caused by an open flame, explosion or flash fire comes or is brought for the treatment of:
(a) Second or third degree burns to 5 percent or more of the body;
(b) Burns to the upper respiratory tract or laryngeal edema resulting from the inhalation of heated air; or
(c) Burns which may result in death,
shall promptly report that information to the appropriate local fire department.
2. The report required by subsection 1 must include:
(a) The name and address of the person treated, if known;
(b) The location of the person treated; and
(c) The character and extent of the injuries.
3. A person required to make a report pursuant to subsection 1 shall, within 7 working days after treating the person, submit a written report to:
(a) The appropriate local fire department in counties whose population is 100,000 or more; or
(b) The State Fire Marshal in counties whose population is less than 100,000.
The report must be on a form approved by the appropriate local fire department or the State Fire Marshal, as applicable.
4. A provider of health care and his or her agents and employees are immune from any civil action for any disclosures made in good faith in accordance with the provisions of this section or any consequential damages.
(Added to NRS by 1991, 1896; A 2001, 1996; 2011, 1300; 2021, 1079)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.053 - Disclosure on Internet website by State Board of Health and certain regulatory boards concerning destruction of records; regulations.

1. The State Board of Health and each board created pursuant to chapter 630, 630A, 631, 632, 633, 634, 634A, 635, 636, 637, 637B, 640, 640A, 640B, 640C, 641, 641A, 641B, 641C or 641D of NRS shall post on its website on the Internet, if any, a statement which discloses that:
(a) Pursuant to the provisions of subsection 7 of NRS 629.051:
(1) The health care records of a person who is less than 23 years of age may not be destroyed; and
(2) The health care records of a person who has attained the age of 23 years may be destroyed for those records which have been retained for at least 5 years or for any longer period provided by federal law; and
(b) Except as otherwise provided in subsection 7 of NRS 629.051 and unless a longer period is provided by federal law, the health care records of a patient who is 23 years of age or older may be destroyed after 5 years pursuant to subsection 1 of NRS 629.051.
2. The State Board of Health shall adopt regulations prescribing the contents of the statements required pursuant to this section.
(Added to NRS by 2009, 2549; A 2015, 2292; 2021, 1594)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.062 - Furnishing of records electronically: Request; method; fees.

1. If a person who is authorized to request a copy of health care records of a patient pursuant to NRS 629.061 requests that a copy of such records be furnished electronically, the custodian of health care records must electronically transmit a copy of the requested records to the person or, if the patient has provided written authorization for records to be furnished to another person or entity, to that person or entity. Such records must be furnished in an electronic format using a method of secure electronic transmission that complies with applicable federal and state law.
2. Except as otherwise provided in subsections 3 and 4, if a custodian of health care records maintains health care records electronically, any fee to furnish those records electronically pursuant to subsection 1 must not exceed $40 or the amount per page prescribed by NRS 629.061, whichever is less.
3. If the total amount of the fee chargeable pursuant to subsection 2 for the furnishing of health care records electronically is less than $5, a custodian of health care records, other than a custodian of the health care records of a state or local governmental entity, may charge a fee of $5 for the furnishing of those health care records.
4. A custodian of health care records, other than a custodian of the health care records of a state or local governmental entity, may charge the following fees to furnish health care records electronically, in addition to the total amount of the fee charged pursuant to subsection 2 or 3:
(a) A fee of $5 for written confirmation that no health care records were found.
(b) A fee of $5 for furnishing a copy of a certificate of the custodian of health care records.
(c) A fee of $20 for a copy of a printed film sheet.
(d) A fee of $25 for furnishing a copy of radiologic images in any form other than a printed film sheet.
5. As used in this section:
(a) "Custodian of health care records" has the meaning ascribed to it in NRS 629.016 and additionally includes a covered entity or business associate, as those terms are defined in 45 C.F.R. § 160.103.
(b) "Health care records" has the meaning ascribed to it in NRS 629.021 and additionally includes individually identifiable health information, as defined in 45 C.F.R. § 160.103.
(c) "Secure electronic transmission" means the sending of information from one computer system to another computer system in such a manner as to ensure that:
(1) No person other than the intended recipient receives the information;
(2) The identity and signature of the sender of the information can be authenticated; and
(3) The information which is received by the intended recipient is identical to the information that was sent.
(Added to NRS by 2023, 2138)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.063 - Custodian of health care records prohibited from preventing inspection or receipt of copies by provider of health care; duty of custodian ceasing to do business in State to deliver records or copies to provider of health care; penalties.

1. Subject to the provisions of the Health Insurance Portability and Accountability Act of 1996, Public Law 104-191, or any other federal law or regulation:
(a) A custodian of health care records having custody of any health care records of a provider of health care pursuant to this chapter shall not prevent the provider of health care from physically inspecting the health care records or receiving copies of those records upon request by the provider of health care in the manner specified in NRS 629.061.
(b) If a custodian of health care records specified in paragraph (a) ceases to do business in this State, the custodian of health care records shall, within 10 days after ceasing to do business in this State, deliver the health care records created by the provider of health care, or copies thereof, to the provider of health care.
2. A custodian of health care records who is not otherwise licensed pursuant to this title of NRS and violates a provision of this section is guilty of a gross misdemeanor and shall be punished by imprisonment in the county jail for not more than 364 days, or by a fine of not more than $25,000 for each violation, or by both fine and imprisonment.
3. In addition to any criminal penalties imposed pursuant to subsection 2, a custodian of health care records who violates a provision of this section is subject to a civil penalty of not more than $5,000 for each violation as applied to a patient’s entire health care record, to be recovered in a civil action brought in the district court in the county in which the provider of health care’s principal place of business is located or in the district court of Carson City.
4. As used in this section, "custodian of health care records" does not include:
(a) A facility for hospice care, as defined in NRS 449.0033;
(b) A facility for intermediate care, as defined in NRS 449.0038;
(c) A facility for skilled nursing, as defined in NRS 449.0039;
(d) A hospital, as defined in NRS 449.012; or
(e) A psychiatric hospital, as defined in NRS 449.0165.
(Added to NRS by 2015, 1709; A 2017, 2760; 2021, 1594)
2023 Nevada Revised Statutes › Chapter 629 - Healing Arts Generally › NRS 629.065 - Records relating to test of blood, breath or urine: Availability to district attorney and agencies of law enforcement; use as evidence; immunity of certain persons from civil action for disclosure.

1. Each custodian of health care records shall, upon request, make available to a law enforcement agent or district attorney the health care records of a patient which relate to a test of the blood, breath or urine of the patient if:
(a) The patient is suspected of having violated NRS 484C.110, 484C.120, 484C.130, 484C.430, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425; and
(b) The records would aid in the related investigation.
To the extent possible, the custodian shall limit the inspection to the portions of the records which pertain to the presence of alcohol or a controlled substance, chemical, poison, organic solvent or another prohibited substance in the blood, breath or urine of the patient.
2. The records must be made available at a place within the depository convenient for physical inspection. Inspection must be permitted at all reasonable office hours and for a reasonable length of time. The custodian of health care records shall also furnish a copy of the records to each law enforcement agent or district attorney described in subsection 1 who requests the copy and pays the costs of reproducing the copy.
3. Records made available pursuant to this section may be presented as evidence during a related administrative or criminal proceeding against the patient.
4. A custodian of health care records and his or her agents and employees are immune from any civil action for any disclosures made in accordance with the provisions of this section or any consequential damages.
5. As used in this section, "prohibited substance" has the meaning ascribed to it in NRS 484C.080.
(Added to NRS by 1989, 182; A 1997, 334; 1999, 3436; 2005, 171; 2009, 1889; 2017, 2761)