reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › Section 449.Sec. 20.1 - NEW

Current
		  through June 11, 2024
1.
		  The director of a freestanding birthing center shall:
(a) Ensure that drugs are administered and
		  stored in the freestanding birthing center in accordance with all applicable
		  federal, state and local laws and regulations;
(b) Ensure that drugs are administered and
		  possessed in a freestanding birthing center only by persons authorized under
		  federal and state law to administer or possess, as applicable, those
		  drugs;
(c) Ensure that drugs and
		  laboratory testing supplies are stored:
(1)
		  In accordance with all applicable federal, state and local laws and
		  regulations; and
(2) At the
		  temperature ranges recommended by the manufacturers;
(d) Establish a policy to ensure the quality
		  of drugs used and dispensed at the freestanding birthing center; and
(e) Establish and maintain a list of drugs
		  that may be administered at the freestanding birthing center and ensure that
		  only drugs on that list are administered in the freestanding birthing
		  center.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › Section 449.Sec. 21 - NEW

Current
		  through June 11, 2024
A facility shall designate a representative of the facility who
			 shall be responsible for ensuring that the facility is in compliance with
			 sections 2 to 22, inclusive, of this regulation and
			 NRS
			 449.101 to
			 449.104,
			 inclusive.
Added to NAC
			 by Bd. of Health by
			 R016-20A,
			 eff. 11/2/2020
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › Section 449.Sec. 21.1 - NEW

Current
		  through June 11, 2024
1.
		  Not later than 24 hours after the death of a pregnant person, a person who has
		  given birth or a newborn at a freestanding birthing center, the director of the
		  freestanding birthing center or a designee thereof shall notify the Division of
		  the death.
2. The director of a
		  freestanding birthing center shall establish a procedure to ensure the
		  provision of appropriate counseling to a member of the staff of the
		  freestanding birthing center, a pregnant person, a person who has given birth
		  or a member of the family of a pregnant person or person who has given birth
		  who is affected by a death at the freestanding birthing center.
Added
			 to NAC by Bd. of Health by
			 R062-21A,
			 eff. 9/8/2022
NRS
				439.200,
				449.0302,
				as amended by section 16.5 of Assembly Bill No. 287, chapter 517, Statutes of
				Nevada 2021, at page 3437
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › Section 449.Sec. 22 - NEW

Current
		  through June 11, 2024
Upon request from the Division or Department, a facility shall
			 make available to the Division or Department documentation for the Division or
			 Department to determine if the facility is complying with sections 2 to 22,
			 inclusive, of this regulation and
			 NRS
			 449.101 to
			 449.104,
			 inclusive. If the Division or Department obtains personally identifiable
			 information of a patient or resident through such a request, the Division or
			 Department shall maintain the confidentiality of such
			 information.
Added to NAC
			 by Bd. of Health by
			 R016-20A,
			 eff. 11/2/2020
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.002 - Definitions

Current through June 11, 2024
As used in NAC 449.002 to
				449.99939, inclusive, and
				sections 2 to 9, inclusive, unless the context otherwise requires, the words
				and terms defined in NAC
				449.0022 to
				449.0072, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC by Bd. of
				Health, eff. 8-1-91; A by R131-99 & R132-99, 11-29-99; R051-02, 7-24-2002;
				R179-09, 7-22-2010; R090-12, 12-20-2012; A by
				R133-15A,
				eff. 9-21-2017; A by
				R120-16A,
				eff. 9/21/2017
NRS
				449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0024 - "Affiliated facility" defined

Current through June 11,
			 2024
"Affiliated facility" means a facility that owns, directly or
				indirectly, an equity interest of 5 percent or more in the capital, the stock,
				the profits or the assets of another facility or is, as a subcontractor, agent
				or otherwise, responsible for the management or control of that
				facility.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0026 - "Agent" defined

Current through June 11,
			 2024
"Agent" means a person having actual or apparent authority to
				act on behalf of a licensee.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0028 - "Bureau" defined

Current through June 11,
			 2024
"Bureau" means the Bureau of Health Care Quality and Compliance
				of the Division.
Added to NAC by Bd. of
				Health, eff. 8-1-91; A by R179-09, 7-22-2010
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0029 - "Centers for Medicare and Medicaid Services" defined

Current
			 through June 11, 2024
"Centers for Medicare and Medicaid Services" means the Centers
				for Medicare and Medicaid Services of the United States Department of Health
				and Human Services.
Added to NAC by Bd. of
				Health by R051-02, eff. 7-24-2002
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.00295 - "Central Repository" defined

Current through June 11,
			 2024
"Central Repository" means the Central Repository for Nevada
				Records of Criminal History.
Added to NAC
				by Bd. of Health by
				R111-12,
				eff. 3/28/2014
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.003 - "Deficiency" defined

Current through June 11,
			 2024
1. "Deficiency"
			 means noncompliance with any federal or state statute or of the rules or
			 regulations of the Division or the Centers for Medicare and Medicaid Services
			 or conditions and standards of or requirements for participation in the
			 Medicare or Medicaid program pertaining to a facility.
2. The term includes an incident concerning a
			 facility where there are no extenuating circumstances or where the facility has
			 made an inappropriate response to a complaint, including the failure to:
(a) Prevent an incident from occurring, if
			 the incident could have been avoided;
(b) Identify an incident;
(c) Take action to correct an incident before
			 the identification of the incident by the Bureau; or
(d) Implement a contingency plan if permanent
			 action to correct an incident has not been undertaken.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.00305 - "Division" defined

Current through June 11,
			 2024
"Division" means the Division of Public and Behavioral Health
				of the Department of Health and Human Services.
Added to NAC by Bd. of
				Health, eff. 8-1-91; A by R094-06 & R098-06, 7-14-2006-Substituted in
				revision for NAC 449.0038
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0031 - "Division of Welfare and Supportive Services" defined

Current
			 through June 11, 2024
"Division of Welfare and Supportive Services" means the
				Division of Welfare and Supportive Services of the Department of Health and
				Human Services.
Added to NAC by Bd. of
				Health, eff. 8-1-91-Substituted in revision for NAC
				449.0074
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0032 - "Emergency" defined

Current through June 11,
			 2024
"Emergency" means a major deficiency that places one or more
				recipients in immediate jeopardy. The term includes, without limitation, any
				fire, flood, contagious infection, loss of utilities or inappropriate transfer
				of residents.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0033 - "Employment agency to provide nonmedical services" defined

Current through June 11, 2024
"Employment agency to provide nonmedical services" means an
				employment agency that contracts with persons to provide "nonmedical services
				related to personal care to elderly persons or persons with disabilities," as
				that term is defined in
				NRS
				449.01517.
Added to NAC by
				Bd. of Health by R109-18, eff. 1/30/2019
NRS 439.200,
				  449.03005
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0034 - "Facility" defined

Current through June 11,
			 2024
Except as otherwise defined in section 6 of this regulation,
				"facility" means a medical facility, facility for the dependent, an employment
				agency that contracts with persons in this State to provide certain nonmedical
				services described in subsection 1 of
				NRS
				449.03005, a facility which is otherwise
				required by regulations adopted by the Board pursuant to
				NRS
				449.0303 to be licensed or a referral
				agency.
Added to NAC by Bd. of
				Health, eff. 8-1-91; A by R131-99 & R132-99, 11-29-99; A by
				R016-20A,
				eff. 11/2/2020
NRS
				449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0043 - "Home for individual residential care" defined

Current through
			 June 11, 2024
"Home for individual residential care" has the meaning ascribed
				to it in
				NRS
				449.0105.
Added to NAC by Bd. of
				Health by R131-99, eff. 11-29-99
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0044 - "Immediate and serious threat" and "immediate jeopardy" defined

Current through June 11, 2024
"Immediate and serious threat" or "immediate jeopardy" means a
				situation in which corrective action within 48 hours is necessary because the
				failure by a facility to comply with a requirement for licensure, certification
				or participation in Medicare or Medicaid has caused, or if uncorrected is
				likely to cause, serious injury or harm, or even death, to a recipient.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0046 - "Incident" defined

Current through June 11,
			 2024
"Incident" means an action, practice or situation that appears
				to be inconsistent with a federal or state statute, rule or regulation of the
				Division or the Centers for Medicare and Medicaid Services or conditions and
				standards of or requirement for participation in Medicare or Medicaid.
Added to NAC by Bd. of
				Health, eff. 8-1-91; A by R051-02, 7-24-2002
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0048 - "License" defined

Current through June 11,
			 2024
"License" means all or part of any permit, certificate,
				approval, registration, charter or similar grant of permission to operate
				issued to a facility by the Division.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0049 - "Licensed dietitian" defined

Current through June 11,
			 2024
"Licensed dietitian" has the meaning ascribed to it in
				NRS
				640E.040.
Added to NAC by Bd. of
				Health by R090-12, eff. 12-20-2012
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.005 - "Licensee" defined

Current through June 11,
			 2024
"Licensee" means any person, corporation, partnership,
				voluntary association or other public or private entity, including any
				governmental body, licensed to operate a facility.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0052 - "Medicaid" defined

Current through June 11,
			 2024
"Medicaid" means the program established pursuant to Title XIX
				of the Social Security Act,
				42 U.S.C.
				§§
									1396 et seq., to provide
				assistance for part or all of the cost of medical care rendered on behalf of
				indigent persons.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0054 - "Medicare" defined

Current through June 11,
			 2024
"Medicare" means the program of health insurance for aged and
				disabled persons established pursuant to Title XVIII of the Social Security
				Act,
				42 U.S.C. §§
									1395 et seq.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0056 - "Party" defined

Current through June 11,
			 2024
"Party" means each person or agency as defined in
				NRS
				233B.035.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0058 - "Person" defined

Current through June 11,
			 2024
"Person" means a natural person, trust, estate, partnership,
				corporation, professional association, governmental body or any other entity,
				public or private.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0061 - "Referral agency" defined

Current through June 11,
			 2024
"Referral agency" means a business that provides referrals to
				residential facilities for groups which is subject to regulation pursuant to
				NRS
				449.0305, including, without limitation, any
				business entity that engages in the process of referring clients for
				compensation to residential facilities for groups.
Added to NAC by Bd. of
				Health by R132-99, eff. 11-29-99
NRS
				  449.0302,
				  449.0305
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0064 - "Residential facility" defined

Current through June 11,
			 2024
"Residential facility" means a facility operated 24 hours per
				day in which one or more persons receiving care, treatment or services
				ordinarily remain for 24 hours a day.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0066 - "Sanction" defined

Current through June 11,
			 2024
"Sanction" means a corrective measure or penalty that is
				imposed by the Bureau upon a facility.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0068 - "Services" defined

Current through June 11,
			 2024
"Services" means medical or personal care, including necessary
				preparation of food, laundry and housekeeping in the case of a residential
				facility and items such as medical diagnosis and treatment, drugs and
				biologicals, supplies, appliances, equipment, medical-social services and use
				of a facility.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.007 - "Survey" defined

Current through June 11,
			 2024
1. "Survey" means a
			 regularly scheduled inspection of a facility conducted by employees of the
			 Bureau to verify the facility's compliance with the regulations of the
			 Division, the Centers for Medicare and Medicaid Services, eligibility for
			 participation in the Medicare or Medicaid programs and eligibility for
			 licensure.
2. The term includes a
			 follow-up inspection to recertify a facility or evaluate compliance with a plan
			 of correction or an inspection made in response to a complaint.
Added to NAC by Bd. of
				Health, eff. 8-1-91; A by R051-02, 7-24-2002
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0072 - "Treatment" defined

Current through June 11,
			 2024
"Treatment" means any medication, drug, test or procedure
				conducted or administered to diagnose or remedy a physical or mental illness or
				condition.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.008 - Computation of time

Current through June 11,
			 2024
For the purposes of any computation of time required by NAC
				449.002 to 449.99939, inclusive:
1.
			 Any prescribed period of more than 5 days includes Saturdays, Sundays and
			 holidays.
2. Any prescribed period
			 of 5 days or less does not include Saturdays, Sundays or holidays.
3. If the date on which any action required
			 to be performed falls on a Saturday, Sunday or holiday, the time is extended
			 until the next day that is not a Saturday, Sunday or holiday.
4. The day of any act or event or on which
			 notice is received is not included in the computation.
Added to NAC by Bd. of
				Health, eff. 8-1-91
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0085 - Licensee prohibited from employing or contracting with unlicensed person to provide certain nutrition services

Current through June 11,
			 2024
A licensee shall not employ or contract with a person to
				provide medical nutrition therapy or nutrition services unless the person is
				licensed pursuant to chapter 640E of NRS or exempt from such licensure.
Added to NAC by Bd. of
				Health by R090-12, eff. 12-20-2012
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.009 - Control by Division over medical records of medical facility or facility for dependent upon suspension of license or cessation of operation: Authorized actions to remove, store and protect records; facilities to pay cost of maintenance of records; notice before destruction of records

Current
			 through June 11, 2024
1.
			 If the Division takes control of the medical records of a medical facility or a
			 facility for the dependent pursuant to
			 NRS
			 449.171, the Division:
(a) May remove any or all of the medical
			 records and store them in a manner that ensures the safety of the medical
			 records.
(b) May contract with a
			 person or governmental entity to ensure the safety of the medical
			 records.
(c) Shall determine the
			 costs for maintaining the medical records and require the medical facility or
			 facility for the dependent, as applicable, to pay those costs. The costs must
			 be assessed beginning on the date on which the Division obtains control of the
			 medical records and ending on the date on which the medical records are
			 destroyed or returned to the facility pursuant to subsection 3. The medical
			 facility or facility for the dependent, as applicable, shall pay the costs
			 within 30 days after receipt of notice of the amount owed.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.010 - Severability

Current through June 11, 2024
If any of the provisions of NAC 449.002 to 449.99939,
				inclusive, or any application thereof to any person, thing or circumstance is
				held invalid, it is intended that such invalidity not affect the remaining
				provisions, or their application, that can be given effect without the invalid
				provision or application.
Bd. of Health, Alcohol
				and Drug Abuse Treatment Facilities Art. 17, eff.
				3-27-76
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0105 - Adoption of certain publications by reference; revision of publication after adoption

Current through June 11,
			 2024
1. The State Board
			 of Health hereby adopts by reference:
(a)
NFPA 101: Life Safety Code
, in the form most recently
			 published by the National Fire Protection Association, unless the Board gives
			 notice that the most recent revision is not suitable for this State pursuant to
			 subsection 2. A copy of the code may be obtained from the National Fire
			 Protection Association at 11 Tracy Drive, Avon, Massachusetts 02322, at the
			 Internet address
http://www.nfpa.org
or by telephone at (800) 344-3555, for the price of $151.50.
(b)
NFPA 99: Health Care Facilities
			 Code
, in the form most recently published by the National Fire
			 Protection Association, unless the Board gives notice that the most recent
			 revision is not suitable for this State pursuant to subsection 2. A copy of the
			 standard may be obtained from the National Fire Protection Association at 11
			 Tracy Drive, Avon, Massachusetts 02322, at the Internet address
http://www.nfpa.org
or by telephone at
			 (800) 344-3555, for the price of $111.00.
(c)
Guidelines for Design and
			 Construction of Hospitals
, in the form most recently published by the
			 Facility Guidelines Institute, unless the Board gives notice that the most
			 recent revision is not suitable for this State pursuant to subsection 2. A copy
			 of the guidelines may be obtained from the Facility Guidelines Institute at the
			 Internet address
https://shop.fgiguidelines.org
or
			 by telephone at (800) 798-9296, for the price of $235.
(d)
Guidelines for Design and
			 Construction of Residential Health, Care, and Support Facilities
, in
			 the form most recently published by the Facility Guidelines Institute, unless
			 the Board gives notice that the most recent revision is not suitable for this
			 State pursuant to subsection 2. A copy of the guidelines may be obtained from
			 the Facility Guidelines Institute at the Internet address
https://shop.fgiguidelines.org
or
			 by telephone at (800) 798-9296, for the price of $235.
(e)
Guidelines for Design and
			 Construction of Outpatient Facilities
, in the form most recently
			 published by the Facility Guidelines Institute, unless the Board gives notice
			 that the most recent revision is not suitable for this State pursuant to
			 subsection 2. A copy of the guidelines may be obtained from the Facility
			 Guidelines Institute at the Internet address
https://shop.fgiguidelines.org
or
			 by telephone at (800) 798-9296, for the price of $235.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL PROVISIONS › Section 449.0107 - Posting of star rating by medical facility or facility for the dependent; exception

Current through June 11,
			 2024
1. Information
			 posted by a medical facility or facility for the dependent to satisfy the
			 requirements of subsection 2 of
			 NRS
			 449.1825 must, in addition to meeting the
			 requirements of that subsection:
(a) Be
			 posted on a sign that is not less than
			 8.5 inches in height and 11 inches
			 in width, with margins not greater than 1 inch on any side;
(b) Be written using a single typeface in not
			 less than 20-point type; and
(c)
			 State the name of the facility and identify the star rating assigned by the
			 Centers for Medicare and Medicaid Services of the United States Department of
			 Health and Human Services as the "Centers for Medicare and Medicaid Services
			 Star Rating."
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.011 - Application for license

Current through June 11,
			 2024
An application for a license that is filed with the Division
				pursuant to NRS
				449.040:
1. Must be complete and include proof of the
			 identity of the applicant that is acceptable to the Division.
2. In accordance with
			 NRS
			 449.050, must be accompanied by the
			 appropriate application fee specified in NAC
			 449.002 to
			 449.99939, inclusive.
3. In establishing that the applicant is of
			 reputable and responsible character as required by
			 NRS
			 449.040, must include personal references and
			 information concerning the applicant's financial status and business activities
			 and associations in and out of this State during the immediately preceding
			 3-year period. If the applicant is a firm, association, organization,
			 partnership, business trust, corporation or company, such references and
			 information must be provided with respect to the members thereof and the person
			 in charge of the facility or program for which application is made.
4. In addition to the information required by
			 NRS
			 449.040 and any other information
			 specifically required for a particular license, must include:
(a) Full, complete and accurate information
			 regarding the ownership of the facility or program and all changes to that
			 ownership that occur while the application is pending. The information must
			 include the name of:
(1) Each natural person
			 who is an owner of the facility or program;
(2) Each person who has a direct or indirect
			 ownership interest in the facility or program of 10 percent or more and who is
			 the owner, in whole or in part, of any mortgage, deed of trust, note or other
			 obligation secured in whole or in part by the facility or program or any of the
			 property or assets of the facility or program;
(3) If the applicant is a corporation, each
			 officer and director; and
(4) If
			 the applicant is a partnership, each partner.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.0112 - Investigation; prelicensure survey; inspection for fire safety

Current through June 11, 2024
1. Upon receipt of a properly completed
			 application, proof of the identity of the applicant that is acceptable to the
			 Division and the appropriate fee, the Division shall conduct an investigation
			 concerning the premises, facilities, qualifications of personnel, methods of
			 operation and policies of the applicant and perform a prelicensure survey or
			 precertification survey, as applicable, of:
(a) The applicant; and
(b) The facility, program plan and management
			 plan, as appropriate.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.01125 - Duties of Division if Central Repository unable to complete investigation of applicant; grounds for denial or revocation of license or delay of action concerning application

Current through June 11,
			 2024
1. If the Central
			 Repository notifies the Division that it is unable to complete an investigation
			 pursuant to
			 NRS
			 449.122 because:
(a) Additional information is required, the
			 Division shall send a notice to the applicant or licensee directing the
			 applicant or licensee to provide the Division and the Central Repository with
			 the information or proof that the information cannot be obtained within 30 days
			 after the date on which the notice was sent by the Division.
(b) Criminal charges against the applicant or
			 licensee are pending, the Division shall notify the applicant or licensee that
			 he or she is required to:
(1) Notify the
			 Division of the date of each court proceeding relating to the charges;
			 and
(2) Provide the Central
			 Repository with any information relating to the final disposition of the
			 charges as soon as the information is available.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.0113 - Duties of administrator or licensee if Central Repository unable to complete investigation of employee or independent contractor; grounds for termination; actions to ensure patient safety

Current through June
			 11, 2024
1. If the
			 Central Repository notifies the administrator of, or the person licensed to
			 operate, a facility, hospital, agency, program or home that it is unable to
			 complete an investigation pursuant to
			 NRS
			 449.123 because:
(a) Additional information is required, the
			 administrator of, or the person licensed to operate, the facility, hospital,
			 agency, program or home shall, within 10 working days after receiving the
			 notice from the Central Repository, send a notice to the employee, employee of
			 a temporary employment service or independent contractor directing the
			 employee, employee of a temporary employment service or independent contractor
			 to provide the administrator of, or the person licensed to operate, the
			 facility, hospital, agency, program or home and the Central Repository with the
			 information or proof that the information cannot be obtained within 30 days
			 after the date on which the notice was sent by the administrator of, or the
			 person licensed to operate, the facility, hospital, agency, program or
			 home.
(b) Criminal charges against
			 the employee, employee of a temporary employment service or independent
			 contractor are pending, the administrator of, or the person licensed to
			 operate, the facility, hospital, agency, program or home shall notify the
			 employee, employee of a temporary employment service or independent contractor
			 that he or she is required to:
(1) Notify the
			 administrator of, or the person licensed to operate, the facility, hospital,
			 agency, program or home of the date of each court proceeding relating to the
			 charges; and
(2) Provide the
			 Central Repository with any information relating to the final disposition of
			 the charges as soon as the information is available.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.0114 - Display of license; compliance with law; transfer of real property; change in administrator, ownership, location or services

Current through June 11, 2024
1. Upon receipt of a license, the licensee
			 shall display the license at a conspicuous location within the
			 facility.
2. During the term of the
			 license, the licensee shall continuously maintain the facility in conformance
			 with the provisions of NAC 449.002 to 449.99939, inclusive, and chapter 449 of
			 NRS.
3. If there is a transfer of
			 the real property on which the facility is located, but no change in the
			 operator of the facility, the licensee shall, within 10 days, notify the
			 Division of the transfer in writing and provide the Division with a copy of any
			 lease agreement relating to the transfer.
4. If there is a change in the administrator
			 of the facility, the licensee shall notify the Division of the change within 10
			 days. The notification must provide evidence that the new administrator is
			 currently licensed pursuant to chapter 654 of NRS and the regulations adopted
			 pursuant thereto. If the licensee fails to notify the Division and submit an
			 application for a new license within 10 days after the change, the licensee
			 shall pay to the Division a fee in an amount equal to 150 percent of the fee
			 required for a new application set forth in subsection 1 of NAC
			 449.0168.
5. A licensee shall
			 notify the Division immediately of any change in the :
(a) Ownership of the facility;
(b) Location of the facility;
(c) Services provided at the facility; and
(d) If the facility is a facility
			 for the care of adults during the day, the maximum number of clients allowed to
			 occupy the facility at one time.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.0115 - Review of building plans for new construction or remodeling by certain applicants: Required documents; payment of fees and costs

Current
			 through June 11, 2024
1.
			 An applicant for a license or the renewal of a license to operate a medical
			 facility or facility for the dependent who wishes or is required to have
			 building plans for new construction or remodeling reviewed by the Division
			 must:
(a) Submit to the Division or have on
			 file a current application for a license or renewal of a license;
(b) Pay to the Division any fees required for
			 the issuance or renewal of a license pursuant to NAC 449.013 or 449.016;
			 and
(c) Submit two complete sets of
			 building plans for new construction or remodeling prepared by a registered
			 architect, registered residential designer or licensed general contractor to
			 the entity designated to review such plans by the Division.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.01153 - Approval of building plans for construction or remodeling of certain facilities: Period of validity

Current through June 11,
			 2024
If the Division approves building plans for the construction or
				remodeling of a facility for modified medical detoxification, a facility for
				skilled nursing, a facility for the care of adults during the day, a facility
				for the treatment of abuse of alcohol or drugs, a hospital, a mobile unit, a
				residential facility for groups or a surgical center for ambulatory patients,
				the approval is valid for 42 months after it is issued, unless there has
				been:
1. A modification of the
			 building plans;
2. A change in the
			 ownership of the facility; or
3. A
			 change in the intended use of the facility.
Added to NAC by Bd. of
				Health by R065-04, eff. 8-4-2004
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.01156 - On-site advisory inspection of facility: Written request; action by Division; fee

Current through June 11, 2024
1. A licensee or an applicant for the
			 issuance or renewal of a license whose building plans for the construction of a
			 facility have been reviewed pursuant to NAC 449.0115 may submit a written
			 request to the Division for an on-site advisory inspection to be conducted by
			 the Division after at least 80 percent of the construction of the facility is
			 completed. The written request must include, without limitation, the
			 anticipated date on which 80 percent of the construction of the facility will
			 be completed.
2. If the Division
			 receives a request submitted pursuant to subsection 1, the Division shall
			 determine its ability to grant the request and shall issue a notice of that
			 determination to the licensee or applicant who submitted the request.
3. If the Division grants a request submitted
			 pursuant to subsection 1, the licensee or applicant who submitted the request
			 shall, before the Division conducts the on-site inspection, submit to the
			 Division a fee of:
(a) Five hundred dollars,
			 if the project is valued at not more than $500,000;
(b) One thousand dollars, if the project is
			 valued at more than $500,000 but not more than $1,000,000; or
(c) Two thousand dollars, if the project is
			 valued at more than $1,000,000.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.0116 - Renewal of license: Application; validity of existing license pending decision on application; inspection of facility; untimely filing or failure to file application

Current through June 11,
			 2024
1. Except as
			 otherwise provided in subsection 2, a licensee who wishes to renew his or her
			 license must submit a complete application for renewal to the Division on or
			 before November 15 of the calendar year in which the license expires. The
			 existing license shall be deemed valid until the submitted application for
			 renewal is evaluated and a final determination is made by the Division
			 concerning whether to renew the license. The Division may require an inspection
			 of the facility to ensure that it meets the requirements of NAC 449.002 to
			 449.99939, inclusive, before deciding whether to renew a license.
2. A licensee who, without good cause, files
			 an application for the renewal of his or her license after the date set forth
			 in subsection 1 but on or before December 31 of the calendar year in which the
			 license expires and who wishes to renew the license must pay:
(a) The fee required for the renewal of the
			 license pursuant to NAC 449.013 or 449.016, as appropriate; and
(b) An additional charge equal to one-half
			 the amount of the fee required for the renewal of the license pursuant to NAC
			 449.013 or 449.016, as appropriate.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.0118 - Denial, suspension or revocation of license: Grounds

Current
			 through June 11, 2024
In addition to the grounds set forth in
				NRS
				449.160 and any other grounds specifically
				applicable to a particular license, the Division may deny an application for a
				license or may suspend or revoke a license upon any of the following
				grounds:
1. The failure or refusal of
			 an applicant or licensee to comply with any of the provisions of chapter 449 of
			 NRS or the regulations adopted by the State Board of Health.
2. The failure or refusal of an applicant or
			 licensee to comply with a reasonable order from the Division to remove a
			 resident from a facility or program.
3. Operating a facility or program without a
			 license, if a license is required before operating.
4. Accepting for care, at any given time,
			 more residents than the number specified in the license.
5. The failure or refusal of a licensee to
			 return an adequate plan of correction to the Division within 10 days after the
			 receipt by the licensee of a statement of deficiencies.
6. The failure or refusal to cooperate fully
			 with an investigation or inspection by the Bureau.
7. Misappropriation of the property of a
			 resident of a facility.
8. Abuse,
			 neglect or exploitation of an infirm person, a person with an intellectual
			 disability or a person with a disability, or of a person who is 60 years of age
			 or older.
9. The failure of a
			 medical facility or facility for the dependent to pay the costs for the
			 maintenance of the medical records of the facility required pursuant to
			 paragraph (c) of subsection 1 of NAC 449.009.
Added to NAC by Bd. of
				Health by R044-97, eff. 10-30-97; A by R114-10,
				12-20-2012
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › GENERAL REQUIREMENTS FOR LICENSURE › Section 449.0119 - Denial, suspension or revocation of license or endorsement: Appeals

Current through June 11, 2024
An applicant or licensee who is aggrieved by an action of the
				Division relating to the denial, suspension or revocation of a license or an
				endorsement may appeal pursuant to the procedures set forth in NAC 439.300 to
				439.395, inclusive.
Added to NAC by Bd. of
				Health by R044-97, eff. 10-30-97; A by R119-10,
				1-13-2011
NRS
				  449.0302,
				  449.170
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.012 - Definitions

Current through June 11, 2024
As used in NAC
				449.012 to
				449.0169, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC
				449.01205 to
				449.01265, inclusive, have the
				meanings ascribed to them in those sections.
Added to NAC
				by Bd. of Health by R035-97, eff. 10-30-97; A by R229-97, 4-15-98; R052-02
				& R063-02, 7-24-2002; R065-04, 8-4-2004; R051-06 & R095-06, 7-14-2006;
				R182-07, 1-30-2008; A by
				R046-14,
				eff. 10/24/2014; A by
				R121-16A,
				eff. 9/21/2017; A by
				R048-22A,
				eff. 12/29/2022
NRS 439.200,
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01205 - "Agency to provide personal care services in the home" defined

Current through June 11, 2024
"Agency to provide personal care services in the home" has the
				meaning ascribed to it in
				NRS
				449.0021.
Added to NAC by Bd. of
				Health by R182-07, eff. 1-30-2008
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.0121 - "Ambulatory surgical center" defined

Current through June 11,
			 2024
"Ambulatory surgical center" has the meaning ascribed to it in
				NAC 449.972.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01215 - "Branch office" defined

Current through June 11,
			 2024
"Branch office" has the meaning ascribed to it in NAC
				449.749.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01219 - "Community triage center" defined

Current through June 11,
			 2024
"Community triage center" has the meaning ascribed to it in
				NRS
				449.0031.
Added to NAC by Bd. of
				Health by R051-06, eff. 7-14-2006
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01225 - "Facility for hospice care" defined

Current through June 11,
			 2024
"Facility for hospice care" has the meaning ascribed to it in
				NAC 449.0172.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97; A by R123-99,
				11-29-99
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01227 - "Facility for refractive surgery" defined

Current through June
			 11, 2024
"Facility for refractive surgery" has the meaning ascribed to
				it in
				NRS
				449.00387.
Added to NAC by Bd. of
				Health by R052-02, eff. 7-24-2002; A by R042-06,
				7-14-2006
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01228 - "Facility for transitional living for released offenders" defined

Current through June 11, 2024
"Facility for transitional living for released offenders" has
				the meaning ascribed to it in
				NRS
				449.0055.
Added to NAC by Bd. of
				Health by R095-06, eff. 7-14-2006
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01229 - "Facility for treatment with narcotics" defined

Current through
			 June 11, 2024
"Facility for treatment with narcotics" has the meaning
				ascribed to it in NAC 449.1542.
Added to NAC by Bd. of
				Health by R229-97, eff. 4-15-98-Substituted in revision for NAC
				449.0122
NRS
				  449.0302,
				  449.0303
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.0123 - "Home health agency" defined

Current through June 11,
			 2024
"Home health agency" has the meaning ascribed to it in NAC
				449.749.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01235 - "Home office" defined

Current through June 11,
			 2024
"Home office" has the meaning ascribed to it in NAC
				449.749.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.0124 - "Hospice care" defined

Current through June 11,
			 2024
"Hospice care" has the meaning ascribed to it in NAC
				449.0175.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01245 - "Intermediate care facility for persons with an intellectual disability or persons with a developmental disability" defined

Current through
			 June 11, 2024
"Intermediate care facility for persons with an intellectual
				disability or persons with a developmental disability" has the meaning ascribed
				to it in NAC 449.632.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.0125 - "Medication unit" defined

Current through June 11,
			 2024
"Medication unit" has the meaning ascribed to it in NAC
				449.15435.
Added to NAC by Bd. of
				Health by R229-97, eff. 4-15-98
NRS
				  449.0302,
				  449.0303
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01252 - "Mobile unit" defined

Current through June 11,
			 2024
"Mobile unit" has the meaning ascribed to it in
				NRS
				449.01515.
Added to NAC by Bd. of
				Health by R063-02, eff. 7-24-2002
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01255 - "Nursing pool" defined

Current through June 11,
			 2024
"Nursing pool" has the meaning ascribed to it in
				NRS
				449.0153.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01257 - "Psychiatric residential treatment facility" defined

Current
			 through June 11, 2024
"Psychiatric residential treatment facility" has the meaning
				ascribed to it in NAC 449.411.
Added to NAC
				by Bd. of Health by
				R046-14,
				eff. 10/24/2014
NRS
				  439.150,
				  449.0302,
				  449.050
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01259 - "Recovery center" defined

Current through June 11,
			 2024
"Recovery center" has the meaning ascribed to it in section 3
				of this regulation.
Added to NAC
				by Bd. of Health by
				R121-16A,
				eff. 9/21/2017
NRS 439.200,
				449.0302, 449.0303
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.0126 - "Rural clinic" defined

Current through June 11,
			 2024
"Rural clinic" has the meaning ascribed to it in
				NRS
				449.0175.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.01265 - "Rural hospital" defined

Current through June 11,
			 2024
"Rural hospital" has the meaning ascribed to it in
				NRS
				449.0177.
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97
NRS
				  449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › FEES › Section 449.0127 - "Subunit agency" defined (Repealed)

Current through June 11,
			 2024
Added to NAC by Bd. of
				Health by R035-97, eff. 10-30-97; R by
				R048-22A,
				eff. 12/29/2022
NRS 439.200,
				  449.0302