reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.345 - Notice of proposed disciplinary action: Duties of Division; contents and service of notice

Current through June 11, 2024
1. Except as
			 otherwise provided by specific statute or regulation or in the case of an
			 emergency or a summary suspension, if the Division intends to take disciplinary
			 action, the Division shall notify the applicant for or holder of a license,
			 permit, certificate, endorsement, approval, registration, charter, designation
			 or other similar grant of permission to operate or other affected person of the
			 proposed disciplinary action, in writing, at least 11 business days before the
			 effective date of the disciplinary action. The notice must include, without
			 limitation:
(a) A citation of the statutory
			 and regulatory authority for the disciplinary action;
(b) The facts on which the disciplinary
			 action is based;
(c) A description
			 of any circumstances that the Division considered in taking the disciplinary
			 action;
(d) Instructions for
			 responding to the notice, including, without limitation, a statement of the
			 right to any internal informal procedures for appeal, the right to a hearing,
			 the period during which a hearing must be requested and the consequences of
			 waiving a hearing; and
(e) The
			 effective date of the disciplinary action.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.346 - Appeal of proposed disciplinary action: Exhaustion of informal procedures required; filing request for appeal; contents of request

Current through June 11, 2024
1. A person who wishes to file an appeal with
			 a hearing officer contesting proposed disciplinary action by the Division must
			 first exhaust all internal informal procedures for appeals.
2. A request for an appeal must be addressed
			 to the Administrator of the Division and must be received by the Administrator
			 not later than 10 business days after the date on which the appellant received
			 notice of the proposed disciplinary action pursuant to NAC 439.345. The request
			 must specify:
(a) The disciplinary action to
			 be contested;
(b) The name of the
			 officer or employee of the Division who proposed the disciplinary action;
			 and
(c) The reasons that the
			 appellant believes the disciplinary action is incorrect.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.347 - Notice of hearing of appeal: Duties of hearing officer; contents of notice

Current through June 11, 2024
Upon receipt of an appeal, the hearing officer assigned to hear
				the appeal must provide notice of the hearing to the appellant. The notice must
				include:
1. The date, time, place and
			 subject matter of the hearing;
2. A
			 citation of the statutory and regulatory authority and jurisdiction pursuant to
			 which the hearing is to be held; and
3. A brief and concise statement of the
			 matters asserted.
Added to NAC by Bd. of
				Health by R037-97, eff. 10-30-97
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.348 - Stay of proposed disciplinary action pending appeal; exceptions

Current through June 11, 2024
Except as otherwise provided in NAC 449.99908 or in the case of
				an emergency or a summary suspension, the effective date of the disciplinary
				action is stayed upon receipt of an appeal until the hearing officer renders a
				decision regarding the appeal.
Added to NAC by Bd. of
				Health by R037-97, eff. 10-30-97
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.350 - Representation by attorney: Entry of appearance; service on attorney; withdrawal by attorney

Current through June 11, 2024
1. A party is
			 entitled to be represented by counsel. Counsel for a party must enter an
			 appearance by submitting written notice of the representation to the
			 Administrator of the Division.
2.
			 Following the entry of an appearance by an attorney for a party, all notices,
			 pleadings and orders to be served thereafter upon the party must be served upon
			 his or her attorney, and such service is for all purposes considered valid
			 service upon the party represented.
3. Any attorney of record wishing to withdraw
			 from a proceeding before a hearing officer shall, in writing, immediately
			 notify the hearing officer, the party whom he or she represented and any other
			 parties to the proceeding.
Bd. of Health, License
				Hearings Rule 4, eff. 6-24-80-NAC A by R037-97,
				10-30-97
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.360 - Pleadings

Current through June 11, 2024
1. A pleading before the hearing officer must
			 be styled a "petition" or "response."
2. The hearing officer may, when the
			 substantial rights of the parties are not involved, allow a pleading to be
			 amended or corrected or any omission in it to be supplied.
3. All pleadings will be liberally construed
			 to effect justice between the parties, and the hearing officer may, at every
			 stage of any proceeding, disregard errors or defects in the pleadings or
			 proceedings which do not affect the substantial rights of the
			 parties.
Bd. of Health, License
				Hearings Rule 5, eff. 6-24-80-NAC A by R037-97,
				10-30-97
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.370 - Motions

Current through June 11, 2024
1. All motions, unless made during a hearing,
			 must be in writing.
2. Each written
			 motion must set forth the nature of the relief sought, the grounds for the
			 relief and citations of applicable authority.
3. A party desiring to oppose a motion may
			 serve and file a written response to the motion within 10 days after receiving
			 the motion.
4. The moving party may
			 serve and file a written reply within 5 days after a written response to the
			 motion has been served and filed.
5. A decision on a motion will be rendered
			 without oral argument unless the hearing officer requires an oral argument, and
			 in that event the hearing officer shall set a date and time for hearing the
			 argument.
Bd. of Health, License
				Hearings Rule 6, eff. 6-24-80-NAC A by R037-97,
				10-30-97
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.375 - Hearings: Preliminary procedure; order of proceedings

Current through June 11, 2024
1. The hearing officer shall call the hearing
			 to order, state the appearances of the parties and their respective counsel and
			 act upon any pending motions, stipulations and preliminary matters.
2. All testimony must be under oath
			 administered by the hearing officer. Unless otherwise indicated by the hearing
			 officer, the hearing must proceed in the following manner:
(a) Opening statement for Division;
(b) Opening statement for
			 appellant;
(c) Presentation of
			 Division's case, followed by cross-examination;
(d) Responsible presentation by appellant,
			 followed by cross-examination;
(e)
			 Rebuttal testimony for Division;
(f) Rebuttal testimony for
			 appellant;
(g) Surrebuttal
			 testimony for Division;
(h) Closing
			 argument for Division;
(i) Closing
			 argument for appellant;
(j)
			 Rebuttal closing argument for Division; and
(k) Submission of case to the hearing
			 officer.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.378 - Hearings: Subpoena and examination of witnesses; admission of evidence; continuances; decision of hearing officer; record of proceedings

Current through June 11, 2024
1. All requests for an appeal must be
			 addressed to the Administrator of the Division.
2. Except as otherwise provided in this
			 subsection, hearings on appeals must be open to the public. Upon the motion of
			 a party, the hearing officer, in his or her discretion, may exclude from the
			 hearing room any witnesses in the matter not at the time under examination
			 except a party or parties to the proceeding or his or her counsel.
3. The hearing officer shall determine the
			 evidence upon the charges and specifications as set forth by the Division in
			 its letter of notice of violation describing the nature of the violation and
			 the action taken or to be taken, or as contained in other appropriate
			 documents, and must not consider any additional evidence beyond the scope of
			 the charges.
4. The technical rules
			 of evidence do not apply. All testimony and exhibits offered must be relevant
			 and bear upon the matter in contention. Any testimony or exhibits considered by
			 the hearing officer as not meeting this criterion may properly be excluded. The
			 hearing officer shall also consider the objection of either side to the
			 introduction of evidence, whether oral testimony or exhibit. Competence and
			 relevance are the primary test in ruling on such objections.
5. The hearing officer shall base his or her
			 decision on the weight of the evidence presented at the hearing. Findings of
			 fact, conclusions of law and decisions must be based on substantial
			 evidence.
6. At the beginning of
			 his or her testimony, each witness who has not previously testified in the
			 hearing shall be required to state his or her name and business, employment or
			 position.
7. Any letter, paper or
			 object offered in evidence must be properly authenticated and, if received,
			 must be marked by the hearing reporter with a distinguishing number or letter,
			 such as "Division's Exhibit 1" or "Licensee's Exhibit A."
8. Testimony may be presented in statement or
			 question and answer form.
9. Good
			 cause appearing, hearings may be continued beyond the period originally
			 scheduled or recessed until a future date agreeable to the hearing officer and
			 the parties.
10. Witnesses may be
			 subpoenaed by either party to the hearing and shall receive the fees and
			 mileage allowed a witness in a civil case.
11. A record of the proceedings must be kept
			 but need not be transcribed unless the decision is appealed or a transcript is
			 requested by an interested party, who shall bear the cost of
			 transcription.
Bd. of Health, Appellate
				Practice Rule § 2, eff. 4-1-74-NAC A by R037-97, 10-30-97-Substituted in
				revision for NAC 439.430
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.380 - Hearings: Failure of party to appear; stipulations; continuances; official notice

Current through June 11, 2024
1. If a party fails
			 to appear at a hearing scheduled by the hearing officer and no continuance has
			 been granted, the hearing officer may hear the evidence and proceed to consider
			 the matter and dispose of it on the basis of the evidence before the hearing
			 officer. If the subject matter of the hearing is proposed disciplinary action
			 and the appellant fails to appear at the hearing and fails to reply to the
			 notice, the charges specified in the proposed finding are presumed to be
			 true.
2. With the approval of the
			 hearing officer, the parties may stipulate as to any fact at issue, either by a
			 written stipulation introduced in evidence as an exhibit or by oral statements
			 shown upon the record. Any such stipulation is binding upon all parties so
			 stipulating and may be regarded by the hearing officer as evidence at the
			 hearing.
3. The hearing officer
			 may, before or during a hearing, upon a proper showing, grant a continuance for
			 submission of additional proof or other reasonable purpose.
4. In addition to the facts mentioned in
			 subsection 5 of
			 NRS 233B.123, the
			 hearing officer may take official notice of:
(a) Regulations, official reports and
			 decisions and orders of the Board or any other regulatory agency of the State
			 of Nevada.
(b) Contents of
			 certificates and permits issued by the Division.
(c) Any provision of the Nevada Revised
			 Statutes.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.390 - Decision by hearing officer

Current through June 11, 2024
1. An order or
			 decision with separately stated findings of fact and conclusions of law will be
			 rendered by the hearing officer after the completion of the hearing.
2. A proceeding stands submitted for decision
			 by the hearing officer after the taking of evidence, the filing of briefs or
			 the presentation of such oral or written arguments as may have been allowed by
			 the hearing officer.
Bd. of Health, License
				Hearings Rule 8, eff. 6-24-80-NAC A by R037-97,
				10-30-97
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.395 - Judicial review of decision made by hearing officer

Current through June 11, 2024
The decision of a hearing officer made pursuant to the
				procedures set forth in NAC 439.300 to 439.395, inclusive, is a final decision
				in a contested case. Any person aggrieved by such a decision is entitled to
				judicial review of the decision pursuant to NRS
				NRS
				233B.130.
Added to NAC by Bd. of
				Health by R037-97, eff. 10-30-97
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SERVICES PROVIDED BY NURSES OF THE DIVISION OF PUBLIC AND BEHAVIORAL HEALTH › Section 439.500 - Sliding schedule of fees for certain services and supplies not concerning family planning

Current through June 11, 2024
1. Except as
			 otherwise provided in NAC 442.222 for services and supplies concerning family
			 planning, a community health nursing clinic established by the Division of
			 Public and Behavioral Health shall charge and collect fees for the services and
			 supplies provided to a client by a nurse of the Division in an amount set forth
			 in the sliding schedule of fees established by the Division pursuant to this
			 section.
2. The Division of Public
			 and Behavioral Health shall establish a sliding schedule of fees which is based
			 on:
(a) A cost analysis of the services and
			 supplies provided by the community health nursing clinics; and
(b) A ratio between the annual gross income
			 of a household and the federally designated level signifying poverty for a
			 household of that size as determined by the United States Department of Health
			 and Human Services and published annually in the Federal Register.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.572 - "Covered entity" defined

Current through June 11, 2024
As used in NAC 439.572 to 439.596, inclusive, unless the
				context otherwise requires, "covered entity" has the meaning ascribed to it in
				45 C.F.R. § 160.103.
Added to NAC by Dep't of
				Health & Human Services by R056-16, eff.
				9-21-2017
NRS
				  439.587,
				  439.588,
				  439.589
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.574 - "Commercially available" interpreted

Current through June 11, 2024
As used in
				NRS
				439.584, the Director will interpret the term
				"commercially available" to mean that information is available for a fee to any
				health care provider or other covered entity who is authorized to use a health
				information exchange pursuant to NAC 439.584, regardless of the relationship of
				the health care provider or other covered entity to other users of a health
				information exchange.
Added to NAC by Dep't of
				Health & Human Services by R056-16, eff.
				9-21-2017
NRS
				  439.587,
				  439.588,
				  439.589
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.576 - Requirements concerning operation of exchange

Current through June 11, 2024
A health information exchange that operates in this State
				must:
1. Comply with all applicable
			 requirements of the Health Information Technology for Economic and Clinical
			 Health Act of 2009, 42 U.S.C. §§ 300jj et seq. and 17901 et seq., the
			 Health Insurance Portability and Accountability Act of 1996,
			 Public Law
			 104-191, and any other applicable federal or state
			 law and the regulations adopted pursuant thereto, including, without
			 limitation, requirements relating to the specifications and protocols for
			 exchanging and maintaining electronic health records, health-related
			 information and related data and the protection of the privacy and security of
			 health information;
2. Facilitate
			 the sharing of health information across the public and private sectors to
			 increase efficiency and improve outcomes of health care in this
			 State;
3. Support public health and
			 population health initiatives and collaboration between organizations and
			 governmental entities working in the fields of public health and population
			 health;
4. Provide services to
			 users of the health information exchange to assist the users in meeting the
			 meaningful use requirements pursuant to the criteria prescribed in the Health
			 Information Technology for Economic and Clinical Health Act of 2009, 42 U.S.C.
			 §§ 300jj et seq. and 17901 et seq. and any other applicable federal
			 statute or regulation;
5. Use an
			 enterprise master patient index and a master provider index for the secure and
			 efficient exchange of health information;
6. Provide interoperable infrastructure and
			 technology for the efficient and secure exchange of information, including,
			 without limitation, clinical data, between health information exchanges, health
			 care providers and other persons involved in the provision of health
			 care;
7. Be operational for at
			 least 99 percent of each month; and
8. Hold a nationally recognized accreditation
			 for health information exchanges or meet comparable accreditation standards
			 approved by the Director.
Added to NAC by Dep't of
				Health & Human Services by R056-16, eff.
				9-21-2017
NRS
				  439.587,
				  439.588,
				  439.589
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.578 - Application for and renewal of certification

Current through June 11, 2024
1. A
			 health information exchange that operates or wishes to operate in this State
			 shall apply to the Director for certification pursuant to
			 NRS
			 439.588, or for the renewal of such
			 certification, as applicable, in the form prescribed by the Director. The
			 application must include, without limitation:
(a) Proof that the applicant meets the
			 requirements of NAC 439.576 and is operationally and financially
			 sustainable;
(b) The standards for
			 routine auditing of access to health information of patients as required by NAC
			 439.586 that the applicant intends to use; and
(c) Any other information requested by the
			 Director.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.582 - Request for administrative hearing; scheduling of hearing; appointment of hearing officer; submission of evidence; decision

Current through June 11, 2024
1. If
			 the Director denies a written appeal submitted pursuant to subsection 4 of
			 NRS
			 439.588, the health information exchange may
			 request an administrative hearing in the manner described in
			 NRS
			 233B.121. The request must be made in writing
			 and submitted to the Director within 30 days after the date of the notice of
			 the decision of the Director to reject the written appeal. The failure of the
			 health information exchange to request a hearing within this period operates as
			 a waiver of the right of the health information exchange to request such a
			 hearing.
2. Except as otherwise
			 provided in this subsection, the Director will schedule a hearing not later
			 than 45 days after receiving a timely request for a hearing pursuant to
			 subsection 1. The Director may deny a request for a hearing if he or she
			 determines that, because the health information exchange is not in compliance
			 with the Health Insurance Portability and Accountability Act of 1996,
			 Public Law
			 104-191, or the regulations adopted pursuant
			 thereto, information concerning patients may not be secure.
3. If the Director schedules a hearing
			 pursuant to subsection 2, he or she will appoint a hearing officer to conduct
			 the hearing. If the health information exchange is a natural person, he or she
			 may represent himself or herself at the hearing. A health information exchange
			 may authorize any person, including, without limitation, an attorney, to
			 represent the health information exchange at the hearing.
4. The hearing officer may request each party
			 to submit, in advance of the hearing, copies of any evidence or exhibits that
			 the party plans to present at the hearing. All testimony received at a hearing
			 must be given under oath. The decision of the hearing officer must be based
			 exclusively on the evidence and testimony presented at the hearing.
5. Within 30 days after the date of a
			 hearing, the Director will provide the written decision of the hearing officer
			 to the health information exchange by certified mail.
Added to NAC by Dep't of
				Health & Human Services by R056-16, eff.
				9-21-2017
NRS
				  439.587,
				  439.588
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.584 - Duty of exchange to limit access to exchange; compliance with policies and procedures of exchange; creation, maintenance or transmission of prescription using exchange

Current through June 11, 2024
1. A health
			 information exchange shall:
(a) Ensure that
			 only covered entities with which the health information exchange has entered
			 into a business associate agreement as described in NAC 439.588 and members of
			 the workforces, contractors and agents of such covered entities who have a
			 legitimate need to use the health information exchange are allowed to use the
			 health information exchange.
(b)
			 Establish policies and procedures to verify the identity of all persons who
			 wish to retrieve or disclose the health information of patients using the
			 health information exchange. The policies and procedures must include, without
			 limitation:
(1) A process for verifying the
			 identity and credentials of each person seeking authorization to retrieve or
			 disclose health information and a registry of authorized users.
(2) Standards and procedures for determining
			 whether a person is authorized to retrieve or disclose health information using
			 the health information exchange. These standards and procedures must be based
			 on the role of the user and must apply to each user of the health information
			 exchange.
(3) Systems and
			 procedures for determining whether an authorized user is allowed to retrieve
			 the health information of a patient and providing a person with health
			 information that the person is authorized to retrieve.
(c) Adopt and comply with a policy that has
			 been established by a nationally recognized organization or approved by the
			 Director for authenticating the identity of all persons retrieving or
			 disclosing health information using the health information exchange.
(d) Establish procedures to verify that
			 access to health information on the health information exchange is consistent
			 with the requirements of NAC 439.576.
(e) Create a record each time health
			 information is retrieved using the health information exchange and maintain
			 such records for at least 6 years after the date on which the record is
			 created.
(f) Ensure that all data
			 is encrypted and use integrity controls to ensure that data is not altered or
			 tampered with during storage or transmission.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.586 - Duties of exchange to audit access to health information, conduct annual risk assessment, adopt procedure to incorporate certain information and provide notification of errors in information disclosed

Current through June 11, 2024
A health information exchange shall:
1. Routinely audit access to health
			 information by users of the health information exchange to ensure that such
			 access complies with the Health Insurance Portability and Accountability Act of
			 1996, Public Law
			 104-191, and make the records of such audits
			 available to the Director upon request;
2. Annually conduct a risk assessment of
			 measures taken by the health information exchange to safeguard the health
			 information of patients and develop strategies for mitigating the risk of
			 unauthorized access to such information;
3. Adopt a standard procedure for
			 incorporating revocations of consent made pursuant to NAC 439.592 and
			 amendments to records made by authorized users of the health information
			 exchange in compliance with the Health Insurance Portability and Accountability
			 Act of 1996, Public Law
			 104-191; and
4. If the health information exchange becomes
			 aware of an error in information disclosed using the health information
			 exchange, notify the authorized user who disclosed the information of the
			 error.
Added to NAC by Dep't of
				Health & Human Services by R056-16, eff.
				9-21-2017
NRS
				  439.587,
				  439.589
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.588 - Prohibited use, retrieval or disclosure of health information using exchange; compliance with certain federal and state laws concerning electronic information

Current through June 11, 2024
1. Except for a
			 disclosure for the purpose of treating a patient or as otherwise required by
			 law, a person shall not use, retrieve or disclose more health information using
			 a health information exchange than is necessary to accomplish the purpose of
			 the use, retrieval or disclosure.
2. A person shall not use, retrieve or
			 disclose health information using a health information exchange for a purpose
			 prohibited by law, including, without limitation, discrimination prohibited by
			 federal or state law.
3. A person
			 shall not retrieve health information from a health information exchange unless
			 the person has entered into a business associate agreement that is consistent
			 with the Health Insurance Portability and Accountability Act of 1996,
			 Public Law
			 104-191.
4. Electronic transmittal of electronic
			 health records, prescriptions and health-related information, electronic
			 signatures, electronic equivalents of written entries and written approvals
			 must comply with the provisions of chapters 719 and 720 of NRS and the
			 Electronic Signatures in Global and National Commerce Act, 15 U.S.C.
			 §§ 7001 et seq.
Added to NAC by Dep't of
				Health & Human Services by R056-16, eff.
				9-21-2017
NRS
				  439.587,
				  439.589
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.592 - Control by patient of access to health information; conditions for retrieval of information from exchange; requirements concerning informed written consent of patient; electronic notice, information, revocation or signature authorized

Current through June 11, 2024
1. Except for
			 health information concerning a patient who is prohibited by
			 NRS
			 439.538 from opting out of electronic
			 disclosure of individually identifiable health information, health information
			 concerning a patient, including, without limitation, a child under 18 years of
			 age who has received health care services without the consent of a parent or
			 guardian, that is retrieved, disclosed or maintained using a health information
			 exchange belongs to the patient. A patient may control access to such
			 information by providing or refusing to provide informed written consent in the
			 manner prescribed by this section.
2. Except as otherwise provided in subsection
			 7, a person shall, before retrieving the health information of a patient that
			 belongs to the patient pursuant to subsection 1 from a health information
			 exchange:
(a) Provide the patient with a
			 statement of information about health information exchanges, including, without
			 limitation, the manner in which health information is collected, retrieved and
			 disclosed using the health information exchange; and
(b) Obtain informed written consent from the
			 patient or the legal representative of the patient.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.594 - Submission and retention of complaints

Current through June 11, 2024
1. Any person who
			 becomes aware of a violation of the provisions of
			 NRS
			 439.588 or
			 439.590
			 may submit to the Director a written, signed complaint in the form prescribed
			 by the Director. The Director will determine whether to take action concerning
			 the complaint, which may include, without limitation, referring the complaint
			 to the Office of the Attorney General or the appropriate district attorney for
			 investigation.
2. The Department
			 will retain all complaints submitted pursuant to this section for at least 6
			 years, regardless of whether action is taken concerning the
			 complaint.
Added to NAC by Dep't of
				Health & Human Services by R056-16, eff.
				9-21-2017
NRS
				  439.587,
				  439.588,
				  439.590
Nevada Administrative Code › Chapter 439 - Administration of Public Health › HEALTH INFORMATION EXCHANGES › Section 439.596 - Duties of exchange if confidentiality of information breached

Current through June 11, 2024
If the confidentiality of information contained in an
				electronic record of a patient that is retrieved, disclosed or maintained using
				a health information exchange is breached, the health information exchange
				shall:
1. Notify the patient of the
			 breach in a manner that meets the requirements of the Health Information
			 Technology for Economic and Clinical Health Act of 2009, 42 U.S.C. §§
			 300jj et seq. and 17901 et seq., the Health Insurance Portability and
			 Accountability Act of 1996,
			 Public Law
			 104-191, and any other applicable federal or state
			 law; and
2. Take any appropriate
			 action to mitigate or remediate any damage caused by the breach.
Added to NAC by Dep't of
				Health & Human Services by R056-16, eff.
				9-21-2017
NRS
				  439.587,
				  439.589
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SERVICES PERFORMED BY DIVISION OF PUBLIC AND BEHAVIORAL HEALTH IN RESPONDING TO VEHICULAR ACCIDENTS › Section 439.610 - Definitions

Current through June 11, 2024
As used in NAC 439.610 to 439.622, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 439.612 to
				439.620, inclusive, have the meanings ascribed to them in those
				sections.
Added to NAC by Bd. of
				Health by R192-03, eff. 1-22-2004
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SERVICES PERFORMED BY DIVISION OF PUBLIC AND BEHAVIORAL HEALTH IN RESPONDING TO VEHICULAR ACCIDENTS › Section 439.612 - "Cosmetic" defined

Current through June 11, 2024
"Cosmetic" has the meaning ascribed to it in NRS
				NRS
				585.060.
Added to NAC by Bd. of
				Health by R192-03, eff. 1-22-2004
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SERVICES PERFORMED BY DIVISION OF PUBLIC AND BEHAVIORAL HEALTH IN RESPONDING TO VEHICULAR ACCIDENTS › Section 439.614 - "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 by R192-03, eff. 1-22-2004
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SERVICES PERFORMED BY DIVISION OF PUBLIC AND BEHAVIORAL HEALTH IN RESPONDING TO VEHICULAR ACCIDENTS › Section 439.616 - "Drug" defined

Current through June 11, 2024
"Drug" has the meaning ascribed to it in NRS
				NRS
				585.080.
Added to NAC by Bd. of
				Health by R192-03, eff. 1-22-2004
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SERVICES PERFORMED BY DIVISION OF PUBLIC AND BEHAVIORAL HEALTH IN RESPONDING TO VEHICULAR ACCIDENTS › Section 439.618 - "Food" defined

Current through June 11, 2024
"Food" has the meaning ascribed to it in NRS
				NRS
				585.100.
Added to NAC by Bd. of
				Health by R192-03, eff. 1-22-2004
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SERVICES PERFORMED BY DIVISION OF PUBLIC AND BEHAVIORAL HEALTH IN RESPONDING TO VEHICULAR ACCIDENTS › Section 439.620 - Law enforcement agency" defined

Current through June 11, 2024
" "Law enforcement agency" means an agency, office or bureau,
				the primary duty of which is to enforce the law.
Added to NAC by Bd. of
				Health by R192-03, eff. 1-22-2004
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › SERVICES PERFORMED BY DIVISION OF PUBLIC AND BEHAVIORAL HEALTH IN RESPONDING TO VEHICULAR ACCIDENTS › Section 439.622 - Determination of adulteration of or public risk from certain substances: Fee; alleviation of risk

Current through June 11, 2024
1. If a law
			 enforcement agency requests the services of the Division in responding to an
			 accident involving a vehicle used to transport or hold food, drugs or cosmetics
			 in commerce or a vehicle used for septic tank pumping purposes, the Division
			 shall charge and collect an hourly fee of $90 from the manufacturer, producer,
			 jobber or seller of the food, drugs or cosmetics or the owner of the vehicle
			 used for septic tank pumping purposes to determine whether, as a result of the
			 accident:
(a) The food, drugs or cosmetics:
(1) Have been adulterated and must be
			 quarantined, condemned or destroyed; or
(2) Have not been adulterated and may be
			 provided to the public for use or consumption.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › FEES FOR SERVICES PERFORMED BY ENGINEERS OR ENVIRONMENTAL HEALTH SPECIALISTS › Section 439.650 - Fee for collecting sample of water

Current through June 11, 2024
When an entity or person requests the services of the Division
				of Public and Behavioral Health of the Department of Health and Human Services
				in collecting a sample of water, the Division shall charge and collect a fee of
				$133 from the requester for each visit to the site by an employee of the
				Division.
Added to NAC by Bd. of
				Health, eff. 7-22-87; A 8-31-89; 7-16-92; R192-03, 1-22-2004; R096-10,
				2-20-2013
NRS
				  439.150,
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › MISCELLANEOUS PROVISIONS › Section 439.700 - Appointment of deputy attorney general to represent Division of Public and Behavioral Health

Current through June 11, 2024
The Division of Public and Behavioral Health of the Department
				of Health and Human Services may request, at least 10 days before a hearing,
				that the Attorney General appoint a deputy attorney general, separate from the
				deputy attorney general representing the State Board of Health, to represent
				the Division before the Board.
Added to NAC by Bd. of
				Health, eff. 5-5-86
NRS
				  439.190,
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › REPORTING OF CERTAIN INFORMATION RELATING TO PRESCRIPTION DRUGS › Section 439.730 - Department to make available on Internet website forms for manufacturer, pharmacy benefit manager and pharmaceutical sales representative to submit required reports

Current through June 11, 2024
The Department will make available on an Internet website
				maintained by the Department the forms on which:
1. A manufacturer is required to submit the
			 reports required by
			 NRS
			 439B.635, as amended by section 11 of Senate
			 Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3724, and
			 439B.640,
			 as amended by section 12 of Senate Bill No. 380, chapter 547, Statutes of
			 Nevada 2021, at page 3725.
2. A
			 wholesaler is required to submit the report required by section 6 of Senate
			 Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3723.
3. A pharmacy benefit manager is required to
			 submit the report required by
			 NRS
			 439B.645, as amended by section 13 of Senate
			 Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3726.
4. A person included on a list of
			 pharmaceutical sales representatives provided by a manufacturer to the
			 Department pursuant to subsection 1 of
			 NRS
			 439B.660, is required to submit the report
			 required by subsection 4 of that section.
Added to NAC by Dep't of
				Health & Human Services by R042-18, eff. 5-31-2018; A by
				R121-20A,
				eff. 6/13/2022
NRS 439B.685, as
				  amended by section 16 of Senate Bill No. 380, chapter 547, Statutes of Nevada
				  2021, at page 3728
Nevada Administrative Code › Chapter 439 - Administration of Public Health › REPORTING OF CERTAIN INFORMATION RELATING TO PRESCRIPTION DRUGS › Section 439.735 - Request by manufacturer or pharmacy benefit manager to keep certain information confidential as a trade secret; procedures for Department to follow upon receipt of public records request for disclosure

Current through June 11, 2024
1. In complying with
			 NRS
			 439B.635, as amended by section 11 of Senate
			 Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3724,
			 439B.640,
			 as amended by section 12 of Senate Bill No. 380, chapter 547, Statutes of
			 Nevada 2021, at page 3725, or 439B.645, as amended by section 13 of Senate Bill
			 No. 380, chapter 547, Statutes of Nevada 2021, at page 3726, or section 6 of
			 Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3723, if a
			 manufacturer, wholesaler or pharmacy benefit manager reasonably believes that
			 public disclosure of information that it submits to the Department would
			 constitute misappropriation of a trade secret for which a court may award
			 relief pursuant to the federal Defend Trade Secrets Act of 2016,
			 18 U.S.C. §
									1836, as amended, the manufacturer,
			 wholesaler or pharmacy benefit manager may submit to the Department a request
			 to keep the information confidential.
2. A request for confidentiality submitted
			 pursuant to subsection 1 must be divided into the following parts, which must
			 be severable from each other:
(a) The first
			 part of the request for confidentiality must describe, with particularity, the
			 information sought to be protected from public disclosure. Upon a request for
			 public records pursuant to
			 NRS
			 239.010, the Department will not disclose the
			 description set forth in the request for confidentiality or the information
			 sought to be protected from public disclosure, unless the description and
			 information are disclosed pursuant to subsections 5 and 6.
(b) The second part of the request for
			 confidentiality must include an explanation of the reasons why public
			 disclosure of the information would constitute misappropriation of a trade
			 secret for which a court may award relief pursuant to the federal Defend Trade
			 Secrets Act of 2016,
			 18 U.S.C. §
										1836, as amended. Upon a request for public
			 records pursuant to
			 NRS
			 239.010, the Department will disclose the
			 explanation set forth in the request for confidentiality.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › REPORTING OF CERTAIN INFORMATION RELATING TO PRESCRIPTION DRUGS › Section 439.740 - Requirements for data and information included in report compiled by Department concerning price of essential diabetes drugs

Current through June 11, 2024
In the report compiled by the Department pursuant to
				NRS
				439B.650, as amended by section 14 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3727, the
				Department will include:
1. Only
			 aggregated data that does not disclose the identity of any drug, manufacturer,
			 wholesaler or pharmacy benefit manager; and
2. In addition to the information required by
			 NRS
			 439B.650, as amended by section 14 of Senate
			 Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3727, a description
			 of trends concerning the prices of prescription drugs that appear on the most
			 current lists compiled by the Department pursuant to
			 NRS
			 439B.630, as amended by section 10 of Senate
			 Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3723, and an
			 explanation of how those prices and trends may affect:
(a) The prevalence and severity of diabetes
			 in this State; and
(b) The system
			 of health care in this State.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.750 - Short title

Current through June 11, 2024
NAC 439.750 to 439.790, inclusive, may be referred to as the
				  Disability Prescription Program.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.751 - Definitions

Current through June 11, 2024
As used in NAC 439.750 to 439.790, inclusive, unless the
				  context otherwise requires, the words and terms defined in NAC 439.752 to
				  439.767, inclusive, have the meanings ascribed to them in those
				  sections.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.752 - "Applicant" defined

Current through June 11, 2024
"Applicant" means a person who applies to the Department to
				  receive a subsidy for coverage for prescription drugs and pharmaceutical
				  services pursuant to
				  NRS
				  439.755.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.753 - "Contractor" defined

Current through June 11, 2024
"Contractor" means:
1. A private insurer with whom the Department
				has entered into a contract pursuant to NRS
				NRS
				439.745 to make available, at a reasonable
				cost, policies of health insurance that provide coverage to certain persons
				with disabilities for prescription drugs and pharmaceutical services;
				or
2. An entity with which the
				Department has entered into a contract to manage pharmaceutical benefits,
				including, without limitation, processing and paying claims for pharmaceutical
				benefits on behalf of the Department.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.754 - "Coordination of benefits" defined

Current through June 11, 2024
"Coordination of benefits" means the coordination of the
				  Disability Prescription Program with Medicare Part D in a manner that:
1. Maximizes coverage for prescription drugs
				and pharmaceutical services for persons in this State;
2. Minimizes disruptions in the enrollment of
				persons in this State in state and federal programs that provide coverage for
				prescription drugs and pharmaceutical services;
3. Minimizes disruptions in the eligibility
				of persons in this State for state and federal programs that provide coverage
				for prescription drugs and pharmaceutical services;
4. Minimizes out-of-pocket expenses for
				prescription drugs and pharmaceutical services for Medicare beneficiaries in
				this State; and
5. Maximizes
				federal funding for coverage for prescription drugs and pharmaceutical services
				for persons in this State.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.755 - "Department" defined

Current through June 11, 2024
"Department" means the Department of Health and Human
				  Services.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.756 - "Disability" defined

Current through June 11, 2024
"Disability" has the meaning ascribed to it in NRS
				  NRS
				  426.068.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.757 - "Enrollee" defined

Current through June 11, 2024
"Enrollee" means a person who the Department has determined
				  is eligible to receive a subsidy for coverage for prescription drugs and
				  pharmaceutical services pursuant to NRS
				  NRS
				  439.745.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.758 - "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means a person who:
1. Did not participate in the decision of the
				Department that is the subject of the hearing; and
2. Is appointed by the Director of the
				Department or a designee thereof to preside at a hearing conducted pursuant to
				NAC 439.779 to 439.787, inclusive.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.759 - "Household" defined

Current through June 11, 2024
"Household" means an applicant and the spouse of the
				  applicant.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.760 - "Household income" defined

Current through June 11, 2024
"Household income" has the meaning ascribed to it in NRS
				  427A.480.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DISABILITY PRESCRIPTION PROGRAM › General Provisions › Section 439.761 - "Income" defined

Current through June 11, 2024
"Income" has the meaning ascribed to it in NRS
				  427A.485.
Added to NAC by Dep't
				  of Health & Human Services by R157-05, eff.
				  11-17-2005
NRS
					 439.735