reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 19 - NEW

Current through June 11, 2024
1. A program must be for a duration of 10
		  weeks and, except as otherwise provided in subsection 6, must require a
		  participant in the program to:
(a) Attend one
		  orientation session and participate in the evaluation conducted pursuant to
		  section 18;
(b) Attend at least
		  eight group counseling sessions each week with a combined total of at least 20
		  hours each week; and
(c) During the
		  final week of the program, complete:
(1) A
		  written evaluation of the content and presentation of the program;
		  and
(2) A self-evaluation or
		  reflection on the program, including, without limitation, a description of the
		  knowledge acquired and an evaluation of the performance of the program
		  facilitators who facilitated the group sessions in which the participant
		  participated.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 20 - NEW

Current through June 11, 2024
1. A person or governmental entity that
		  operates a program shall ensure that a participant is allowed to attend a live,
		  interactive counseling session or other meeting through distance media if:
(a) A program facilitator has authorized the
		  participant to attend the session or meeting through distance media;
(b) The program has established a means to
		  verify the identity of the person attending a counseling session or meeting
		  through distance media as the participant;
(c) The distance media used allows the
		  program facilitator overseeing the counseling session or meeting to:
(1) See the participant through video means
		  for the entire counseling session or meeting; and
(2) Hear the participant through audio means
		  whenever necessary during the entire counseling session or meeting;
		  and
(d) The program
		  facilitator who oversees the counseling session or meeting verifies the
		  identity of the participant using the means described in paragraph
		  (b).
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 21 - NEW

Current through June 11, 2024
1. A person or governmental entity that
		  operates a program shall ensure that the program:
(a) Issues a certificate of completion to a
		  participant who:
(1) Successfully completes
		  the program; and
(2) Complies with
		  the provisions of the agreement set forth in section 23.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 22 - NEW

Current through June 11, 2024
1. A person or governmental entity that
		  operates a program shall ensure that:
(a) A
		  program facilitator or any other staff member of the program does not disclose
		  a confidential record, any information contained in such a record or any
		  confidential communications made by a participant during the course of
		  treatment or acquired through the work of the program facilitator or staff
		  member with the program except:
(1) Upon the
		  written consent of the participant to whom the record, information or
		  communications pertain;
(2) To the
		  extent necessary to report the status of the treatment of an offender to the
		  justice of the peace or municipal judge overseeing the case;
(3) To the extent necessary to comply with
		  the provisions of section 21;
(4)
		  Pursuant to an investigation or on-site inspection by the Division;
(5) To report evidence of child abuse or
		  neglect pursuant to NRS 432B.220;
(6) To report evidence of abuse, neglect,
		  exploitation, isolation or abandonment of an older person or vulnerable person
		  pursuant to NRS
		  200.5093; or
(7) As otherwise required by
		  law.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 23 - NEW

Current through June 11, 2024
1. When a participant is admitted to a
		  program, the person or governmental entity that operates the program must
		  require the participant to enter into an agreement that sets forth the
		  responsibilities of the participant and the program facilitator who monitors
		  the participant pursuant to section 18. The agreement must require:
(a) A participant who is an offender to
		  submit to the program a copy of:
(1) The
		  report prepared by a peace officer concerning the solicitation of prostitution
		  by the offender;
(2) The order of
		  the justice of the peace or municipal judge requiring the offender to
		  participate in a program;
(3) Any
		  report concerning probation prepared by the parole and probation officer of the
		  offender; and
(4) If a
		  psychological evaluation of the offender has been performed, the results of the
		  psychological evaluation.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 24 - NEW

Current through June 11, 2024
The Division may require a program to:
1. Use methods and measures prescribed by the
		  Division to evaluate the outcomes of participants in the program; and
2. Submit to the Division at any time any
		  data or other information necessary to measure the effectiveness of the
		  program, including, without limitation, social security numbers of offenders
		  who participate in the program, information concerning outcomes for
		  participants, dropout rates, reinstatement rates, treatment methods and input
		  from staff and clients.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 25 - NEW

Current through June 11, 2024
1. The director of a program must be a
		  program facilitator or a person who:
(a) Is
		  at least 18 years of age;
(b) Has
		  received a high school diploma or its equivalent;
(c) Understands the provisions of sections 2
		  to 40, inclusive;
(d) Has
		  demonstrated the ability to read, write, speak and understand the English
		  language;
(e) Has at least 1 year
		  of supervisory or administrative experience in a related field; and
(f) Attests that he or she has not been
		  convicted of a felony involving:
(1) Murder,
		  voluntary manslaughter or mayhem;
(2) Assault or battery with intent to kill or
		  to commit sexual assault or mayhem;
(3) Sexual assault, statutory sexual
		  seduction, incest, lewdness or indecent exposure, or any other sexually related
		  crime that is punished as a felony;
(4) Any offense involving fraud, theft,
		  embezzlement, burglary, robbery, fraudulent conversion or misappropriation of
		  property within the immediately preceding 7 years;
(5) Any other felony involving the use or
		  threatened use of force or violence against the victim or the use of a firearm
		  or other deadly weapon; or
(6) An
		  attempt or conspiracy to commit any of the offenses listed in this paragraph
		  within the immediately preceding 7 years.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 26 - NEW

Current through June 11, 2024
1. A program must have at least two program
		  facilitators at all times.
2. To
		  become a program facilitator, a person must:
(a) Refrain from engaging in
		  violence;
(b) Not currently suffer
		  from a substance use disorder or use any illegal drug; and
(c) Be approved by the Division pursuant to
		  section 27.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 28 - NEW

Current through June 11, 2024
1. A program facilitator may renew the
		  approval to serve as a program facilitator issued pursuant to section 27 by
		  applying to the Division in the form prescribed by the Division. The
		  application must be signed by the applicant and must include, without
		  limitation:
(a) An attestation that the
		  applicant has completed at least 30 hours of continuing education approved by
		  the Division pursuant to section 30 or for which the Division has authorized
		  credit pursuant to that section within the period following the issuance or the
		  most recent renewal of the approval, as applicable;
(b) An attestation that the applicant has not
		  committed any act that constitutes grounds for disciplinary action pursuant to
		  section 31 or a list of any such acts committed by the applicant; and
(c) Any other information requested by the
		  Division.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 29 - NEW

Current through June 11, 2024
Formal training or continuing education for program facilitators
			 may concern the following subjects:
1.
		  The cycle of violent or abusive behavior;
2. Cultural values, beliefs and myths
		  relating to inequality among genders;
3. Gender-based violence and the negative
		  impacts of gender-based violence;
4. Pornography and its negative
		  impacts;
5. Sexual
		  objectification;
6. Personal and
		  cultural attitudes toward the opposite gender;
7. Skills for improving personal
		  relationships;
8. Healthy
		  relationships, including, without limitation, mutuality in
		  relationships;
9. The manner in
		  which to establish a model for personal relationships that:
(a) Is based on nonviolence and equality;
		  and
(b) Incorporates the concepts
		  of accountability for a person's own behavior, negotiation, fairness and
		  equality concerning economic issues;
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 30 - NEW

Current through June 11, 2024
1. Except as otherwise provided in subsection
		  4, to obtain the approval of the Division to offer a course of formal training
		  or continuing education for program facilitators, a person must apply to the
		  Division in the form prescribed by the Division. The application must include,
		  without limitation:
(a) The name and address
		  of the instructor of the course;
(b) The resume of the instructor;
(c) The syllabus for the course;
(d) A description of the information to be
		  provided to persons enrolled in the course;
(e) Whether the course will be provided in
		  person, through distance media or both;
(f) A copy of a written evaluation of the
		  content and presentation of the course to be completed by persons enrolled in
		  the course;
(g) A statement
		  describing the purpose of the course and the requirements for attendance;
		  and
(h) Any other information
		  requested by the Division.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 31 - NEW

Current through June 11, 2024
1. The Division may deny, refuse to renew,
		  revoke or suspend approval to serve as a program facilitator, place a program
		  facilitator on probation with specified conditions for a specified period or
		  issue a written warning upon determining that a program facilitator:
(a) Has engaged in fraud or deceit in
		  procuring or attempting to procure approval to serve as a program
		  facilitator;
(b) Has been convicted
		  of any offense which, in the determination of the Division, demonstrates
		  unfitness to serve as a program facilitator or otherwise relates to the
		  qualifications, functions or duties of the program facilitator;
(c) Uses alcohol, a controlled substance or a
		  dangerous drug, as defined in chapter 454 of NRS, to an extent or in a manner
		  that may be dangerous or injurious to any other person or may impair the
		  ability of the program facilitator to serve in that capacity;
(d) Has engaged in unprofessional conduct,
		  which includes, without limitation:
(1)
		  Allowing a different person to use the approval to serve as a program
		  facilitator or using the approval of another person to serve as a program
		  facilitator; or
(2) Physical,
		  verbal or psychological abuse of any participant in a program;
(e) Has willfully or repeatedly
		  violated any provision of sections 2 to 40, inclusive;
(f) Has aided or abetted any person to
		  violate any provision of sections 2 to 40, inclusive;
(g) Has been disciplined in another state in
		  connection with serving as a program facilitator or has committed an act in
		  another state which would constitute grounds for disciplinary action pursuant
		  to this section;
(h) Has engaged in
		  conduct that is likely to deceive, defraud or endanger a participant in a
		  program or the general public;
(i)
		  Has engaged in an unethical practice in the treatment of persons who solicit
		  prostitution, including, without limitation, any practice prohibited by
		  subsection 4 of section 26; or
(j)
		  Has failed to comply with the requirements of subsection 5 of section
		  27.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 32 - NEW

Current through June 11, 2024
1. The Division may conduct any investigation
		  necessary to carry out the provisions of section 31, including, without
		  limitation, an investigation to determine whether a program facilitator has
		  committed an act that constitutes a ground for disciplinary action as set forth
		  in that section.
2. A program
		  facilitator who is investigated pursuant to this section shall participate in
		  any interview and provide any documentation or information requested by the
		  Division as part of the investigation.
3. The Division may assess against and
		  collect from a program facilitator against whom disciplinary action is imposed
		  pursuant to section 31 any cost incurred by the Division relating to the
		  imposition of the disciplinary action, which may include, without limitation,
		  the cost of investigators and stenographers, attorney's fees and costs of a
		  hearing conducted pursuant to section 34.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 33 - NEW

Current through June 11, 2024
1. The Division may refuse to issue or renew
		  a certificate for a program, revoke or suspend a certificate, or place a
		  program on probation with specified conditions for a specified period or issue
		  a written warning if:
(a) The person or
		  governmental entity that operates the program has failed to comply with any
		  provision of sections 2 to 40, inclusive;
(b) The person or governmental entity that
		  operates the program obtained a certificate or any other license by fraudulent
		  misrepresentation;
(c) A program
		  facilitator or other staff member of the program commits gross malpractice
		  related to the program;
(d) A
		  program facilitator or other staff member of the program, while at a facility
		  of the program or while performing any work for the program, has been
		  intoxicated or used or possessed a controlled substance without a
		  prescription;
(e) A program
		  facilitator or other staff member of the program has engaged in violent
		  behavior or been convicted of a crime which demonstrates unfitness to be a
		  program facilitator or other staff member of the program;
(f) The person or governmental entity that
		  operates the program or a program facilitator or other staff member of the
		  program has engaged in any unethical practice in the treatment of persons who
		  solicit prostitution;
(g) The
		  person or governmental entity that operates the program fails to notify the
		  Division of a change in the program as required by section 12;
(h) The person or governmental entity that
		  operates the program or a program facilitator or other staff member of the
		  program fails to comply with a stipulation, agreement, order, advisory opinion
		  or declaratory order issued by the Division;
(i) The program provides treatment to an
		  offender after its certificate has expired; or
(j) The person or governmental entity that
		  operates the program or a program facilitator or other staff member of the
		  program has engaged in any other unjust practice, method or treatment which the
		  Division determines warrants such an action.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 34 - NEW

Current through June 11, 2024
1. An aggrieved person may appeal a decision
		  of the Division concerning:
(a) Any
		  disciplinary action taken against a program facilitator pursuant to section 31
		  or a program pursuant to section 33; or
(b) The denial of approval of a course of
		  formal training or continuing education for program facilitators pursuant to
		  section 30.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 35 - NEW

Current through June 11, 2024
1. If the Division intends to suspend
		  approval of a person to serve as a program facilitator pursuant to section 31
		  or the certificate of a program pursuant to section 33, the Division must
		  notify the program facilitator or program, as applicable, of:
(a) The actions that must be taken to prevent
		  the suspension; and
(b) The date by
		  which those actions must be completed.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 36 - NEW

Current through June 11, 2024
Any notice that is required to be provided to a person pursuant
			 to sections 2 to 40, inclusive, chapter 233B of NRS or NAC
			 439.300 to
			 439.395, inclusive, shall be
			 deemed sufficient if the notice is sent to the last address or the electronic
			 mail address provided to the Division by the person to whom the notice is
			 required to be delivered.
Added
			 to NAC by Bd. of Health by
			 R037-22A,
			 eff. 12/29/2022
NRS
				4.373,
				5.055,
				439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 37 - NEW

Current through June 11, 2024
1. The Division may conduct an on-site
		  inspection of a program at any time to determine whether the person or
		  governmental entity that operates the program is in compliance with the
		  provisions of sections 2 to 40, inclusive.
2. Upon completion of an inspection, the
		  Division shall:
(a) Compile a report of the
		  inspection, which must include, without limitation, a description of each
		  violation discovered during the inspection or a statement that no violation was
		  discovered during the inspection; and
(b) Make the report available to the program
		  that is the subject of the report.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 38 - NEW

Current through June 11, 2024
1. Any person may submit a complaint to the
		  Division alleging that a program or program facilitator has violated any
		  provision of sections 2 to 40, inclusive.
2. The Division shall not consider a
		  complaint concerning the cost of services provided by a program.
3. Upon the receipt of a complaint pursuant
		  to subsection 1, the Division shall provide written notice of receipt of the
		  complaint to the person who filed the complaint.
4. Not later than 45 days after receiving a
		  valid complaint concerning a program or program facilitator pursuant to
		  subsection 1, the Division shall initiate an investigation of the program or
		  program facilitator, as applicable. The Division may also investigate a program
		  or program facilitator if it determines that a program or program facilitator,
		  as applicable, has likely committed an action described in subsection 1,
		  regardless of whether a complaint is submitted.
5. An investigation conducted pursuant to
		  subsection 4 may include, without limitation:
(a) Requesting additional information or
		  documentation from the complainant or the program or program facilitator who is
		  the subject of the investigation or from any other person involved in the
		  investigation; and
(b) Visiting any
		  site at which the program operates or the program facilitator serves, as
		  applicable, to interview staff and clients, review records and make
		  observations.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 39 - NEW

Current through June 11, 2024
1. If an employee of the Division travels to
		  investigate a program facilitator for a program that is not located in this
		  State pursuant to section 32, inspect such a program pursuant to section 37 or
		  investigate such a program pursuant to section 38, the person or governmental
		  entity that operates the program must reimburse the Division for the per diem
		  and travel expenses provided for state officers and employees generally for the
		  period of the investigation or inspection, as applicable.
2. If a report compiled as the result of an
		  inspection conducted pursuant to section 37 or the investigation of a complaint
		  pursuant to section 38 indicates that a program has violated any provision of
		  sections 2 to 40, inclusive, the program shall, not later than 10 days after
		  the report is made available to the program, submit to the Division a plan of
		  correction for each violation. The plan of correction must include specific
		  actions that will be taken to correct the violation, the date by which such
		  actions will be taken and the name and title of the employee or independent
		  contractor of the program who is responsible for ensuring that the plan is
		  carried out. Failure to submit a plan of correction in a timely manner
		  constitutes a separate violation for which the Division may impose additional
		  disciplinary action.
3. If the
		  Division determines that a plan of correction is:
(a) Acceptable, the Division must notify the
		  program of its determination; or
(b) Not acceptable, the Division may require
		  the program to:
(1) Submit a revised plan of
		  correction; or
(2) Comply with a
		  plan of correction prescribed by the Division.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › Section 439.Sec. 40 - NEW

Current through June 11, 2024
1. Except as otherwise provided in this
		  section and section 39, all proceedings and investigations resulting from the
		  submission of a complaint pursuant to section 38 are confidential.
2. The Division may, upon the request of any
		  person, release a report of an inspection conducted pursuant to section 37 or
		  the investigation of a complaint pursuant to section 38 after the earlier of:
(a) Fourteen days immediately following the
		  date on which the report is made available to the program or program
		  facilitator, as applicable, that is the subject of the report; or
(b) The date on which a plan of correction is
		  approved pursuant to section 39.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › PETITION FOR ADOPTION, AMENDMENT OR REPEAL OF REGULATIONS › Section 439.010 - Submission of petition to Secretary of State Board of Health

Current through June 11, 2024
Any interested persons who desire the adoption, filing,
				amendment or repeal of any regulation of the State Board of Health may petition
				the Board by a signed letter to the Secretary of the Board, accompanied by
				relevant data, views and arguments. Eight copies must be presented.
Bd. of Health, Admin.
				Procedure Reg. § 1, eff. 10-24-65; A and renumbered as § 1.0,
				7-17-80-NAC A by R010-06, 5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › PETITION FOR ADOPTION, AMENDMENT OR REPEAL OF REGULATIONS › Section 439.020 - Mailing of petition to members of State Board of Health

Current through June 11, 2024
The Secretary of the State Board of Health shall mail to each
				member of the Board a copy of the petition and accompanying material within 15
				days after its receipt.
Bd. of Health, Admin.
				Procedure Reg. § 2, eff. 10-24-65; A and renumbered as § 2.0,
				7-17-80-NAC A by R010-06, 5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › PETITION FOR ADOPTION, AMENDMENT OR REPEAL OF REGULATIONS › Section 439.030 - Action on petition by Secretary of State Board of Health

Current through June 11, 2024
1. The Secretary of the State Board of Health
			 shall, within 30 days after receipt of the letter submitted pursuant to NAC
			 439.010, either deny the petition in writing, stating the reasons, or initiate
			 the procedure for the adoption, amendment or repeal of regulations.
2. If the petition is denied, a copy of the
			 letter of denial must be sent to each member of the Board.
Bd. of Health, Admin.
				Procedure Reg. § 3, eff. 10-24-65; A and renumbered as § 3.0,
				7-17-80; § 4, eff. 10-24-65; A and renumbered as § 4.0, 7-17-80-NAC A
				by R010-06, 5-4-2006; A by
				R151-15,
				eff. 6/28/2016
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › PETITION FOR ADOPTION, AMENDMENT OR REPEAL OF REGULATIONS › Section 439.040 - Hearing on petition

Current through June 11, 2024
1. If procedures
			 for the adoption, amendment or repeal of a regulation are initiated, the
			 Secretary of the State Board of Health shall schedule a hearing on the
			 regulation embodying the proposal.
2. Notice must be given and the hearing held
			 in accordance with
			 NRS
			 233B.060.
3. Following the hearing, the State Board of
			 Health may or may not adopt the regulation.
Bd. of Health, Admin.
				Procedure Reg. § 5, eff. 10-24-65; A and renumbered as § 5.0,
				7-17-80; § 6, eff. 10-24-65; A and renumbered as § 6.0, 7-17-80-NAC A
				by R010-06, 5-4-2006
NRS
				  439.190,
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DECLARATORY ORDERS AND ADVISORY OPINIONS › Section 439.100 - Submission of petition to Secretary of State Board of Health

Current through June 11, 2024
1. Any person with a direct and tangible
			 interest in the applicability of any statutory provision, regulation of the
			 State Board of Health or decision of the Division of Public and Behavioral
			 Health of the Department of Health and Human Services who desires a declaratory
			 order or advisory opinion as to that applicability may petition for the order
			 or opinion by letter to the Secretary of the Board.
2. Eight copies of the letter must be
			 submitted.
Bd. of Health,
				Declaratory Orders and Advisory Opinions Reg. § 1, eff. 10-24-65; A and
				renumbered as §§ 1 & 1.1, 7-17-80-NAC A by R010-06,
				5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DECLARATORY ORDERS AND ADVISORY OPINIONS › Section 439.110 - Mailing of petition to members of State Board of Health

Current through June 11, 2024
The Secretary of the State Board of Health shall mail to each
				member of the Board a copy of the letter submitted pursuant to NAC 439.100
				within 15 days after its receipt.
Bd. of Health,
				Declaratory Orders and Advisory Opinions Reg. § 2, eff. 10-24-65; A and
				renumbered as § 2.0, 7-17-80-NAC A by R010-06,
				5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DECLARATORY ORDERS AND ADVISORY OPINIONS › Section 439.120 - Action on petition by Secretary of State Board of Health

Current through June 11, 2024
1. The Secretary of the State Board of Health
			 shall, within 45 days after receipt of the letter submitted pursuant to NAC
			 439.100, issue a temporary declaratory order or an advisory opinion and mail it
			 to the petitioner.
2. A copy of
			 each order or opinion must be mailed to each member of the Board.
Bd. of Health,
				Declaratory Orders and Advisory Opinions Reg. § 3, eff. 10-24-65; A and
				renumbered as §§ 3.0 & 3.1, 7-17-80-NAC A by R010-06,
				5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › DECLARATORY ORDERS AND ADVISORY OPINIONS › Section 439.130 - Permanent orders; review of advisory opinions by State Board of Health

Current through June 11, 2024
1. All temporary declaratory orders become
			 permanent at the next regular or special meeting of the State Board of Health
			 unless modified or reversed by the Board.
2. All advisory opinions will be reviewed by
			 the Board at its next regular or special meeting.
Bd. of Health,
				Declaratory Orders and Advisory Opinions Reg. § 4, eff. 10-24-65; A and
				renumbered as § 4.0, eff. 7-17-80; § 5, eff. 10-24-65; A and
				renumbered as § 5.0, 7-17-80-NAC A by R010-06,
				5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › PROCEDURE FOR MEETINGS OF STATE BOARD OF HEALTH › Section 439.150 - Agenda; submission of material

Current through June 11, 2024
1. The Secretary of
			 the State Board of Health shall mail to each member of the Board, at least 10
			 days before a scheduled meeting of the Board, a copy of the agenda for that
			 meeting, with any supporting documents.
2. Information or material relating to an
			 item on the agenda which is received by the Secretary of the Board after the
			 agenda is mailed must be presented to the Board at the meeting. The Secretary
			 shall notify the person who submits the information or material that it will be
			 so presented.
3. Consideration of
			 any material submitted to the Secretary after the agenda is mailed may be
			 continued by the Board to the next meeting.
Added to NAC by Bd. of
				Health, eff. 5-5-86
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › PROCEDURE FOR MEETINGS OF STATE BOARD OF HEALTH › Section 439.160 - Incomplete applications

Current through June 11, 2024
The Secretary of the State Board of Health shall return to the
				applicant any incomplete application submitted to the Board with:
1. An explanation of the deficiencies in the
			 application;
2. A request that a
			 complete application be resubmitted;
3. A statement notifying the applicant that
			 any information received by the Secretary later than 15 days before a scheduled
			 meeting of the Board may be presented to the Board at that meeting but
			 consideration of the matter may be continued by the Board to its next meeting;
			 and
4. A statement that the
			 Division of Public and Behavioral Health of the Department of Health and Human
			 Services recommends the continuance of consideration of an incomplete
			 application.
Added to NAC by Bd. of
				Health, eff. 5-5-86; A by R010-06, 5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › PROCEDURE FOR MEETINGS OF STATE BOARD OF HEALTH › Section 439.170 - Consent calendar

Current through June 11, 2024
1. The Secretary of
			 the State Board of Health may place on a consent calendar each uncontested item
			 which receives a recommendation of approval from the Division of Public and
			 Behavioral Health of the Department of Health and Human Services.
2. Any item placed on the consent calendar
			 may be removed from that calendar for more detailed consideration. Related
			 items will be considered together.
Added to NAC by Bd. of
				Health, eff. 5-5-86; A by R010-06, 5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › PROCEDURE FOR MEETINGS OF STATE BOARD OF HEALTH › Section 439.180 - Order of testimony for considering matter

Current through June 11, 2024
In considering a matter, the State Board of Health will hear
				from interested persons in the following order:
1. Reports and recommendations of the
			 Division of Public and Behavioral Health of the Department of Health and Human
			 Services.
2. Comments by the person
			 who is requesting action by the Board, or the person's
			 representative.
3. Comments from
			 the general public.
4. Comments by
			 the members of the Board.
Added to NAC by Bd. of
				Health, eff. 5-5-86; A by R010-06, 5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › ADMINISTRATIVE HEARINGS BEFORE STATE BOARD OF HEALTH › Section 439.190 - Request for administrative hearing; contents of request; scheduling and notice of hearing; procedures at hearing

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, in any administrative hearing that the
			 State Board of Health is required to hold, the procedures for hearing officers
			 set forth in NAC 439.300 to 439.395, inclusive, apply.
2. In any administrative hearing that the
			 State Board of Health is required to hold:
(a) A request for a hearing must be addressed
			 to the Administrator as the Executive Secretary of the Board and must be
			 received within the period prescribed by statute or regulation. The request
			 must specify the reasons that the appellant is requesting a hearing.
(b) Upon receipt of the request for a
			 hearing, the Executive Secretary shall schedule the matter to be heard at a
			 public hearing held:
(1) At the next
			 regularly scheduled meeting of the Board;
(2) At the next meeting of the Board held in
			 Las Vegas or Reno, as requested by the appellant; or
(3) As soon thereafter as the schedule of the
			 Board allows.
(c)
			 Written notice of the date of the hearing must be served by personal delivery
			 to the appellant or by mailing the notice by registered or certified mail to
			 the last known residential or business address of the appellant.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › ADMINISTRATIVE HEARINGS BEFORE STATE BOARD OF HEALTH › Section 439.195 - Submission of documentary evidence; continuances

Current through June 11, 2024
1.
			 Except as otherwise provided in subsection 2, documentary evidence may not be
			 submitted at any hearing convened by the State Board of Health unless it is
			 submitted to the Board's Secretary at least 15 days before the date scheduled
			 for the hearing.
2. The Board may
			 waive the provisions of subsection 1 if:
(a)
			 The party in good faith, exercising due diligence, was unable to secure the
			 documentary evidence before the 15-day deadline; and
(b) The Board is satisfied that the submittal
			 of the documentary evidence at the hearing will result in a substantial benefit
			 to the Board in rendering an informed decision.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.200 - Eligibility of person to apply; submission of application

Current through June 11, 2024
1. Any person who, because of unique
			 circumstances, is unduly burdened by a regulation of the State Board of Health
			 and thereby suffers a hardship and the abridgment of a substantial property
			 right may apply for a variance from the regulation.
2. An application for such a variance must be
			 made to the State Board of Health unless the regulation is enforced by a
			 district board of health, in which case the application must be made to the
			 appropriate district board.
Bd. of Health, Variances
				Reg. §§ 1.1 & 1.2, eff. 10-16-80; A 2-5-82;
				1-19-84
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.210 - Application to State Board of Health

Current through June 11, 2024
1. An application
			 to the State Board of Health for a variance must be:
(a) Submitted in writing to the Secretary of
			 the Board at the Division of Public and Behavioral Health of the Department of
			 Health and Human Services, Carson City, Nevada.
(b) Except as otherwise provided in
			 subsection 3, accompanied by a payment of the actual cost to provide public
			 notice of the application and notice of the date of the public
			 hearing.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.220 - Public notice of application and date of hearing

Current through June 11, 2024
1. The
			 Secretary of the State Board of Health shall provide public notice of the
			 application and the date of the public hearing by publishing the notice on the
			 Internet website maintained by the Division of Public and Behavioral Health of
			 the Department of Health and Human Services.
2. The notice must be published for at least
			 10 days, at least one of which must be the date 10 days before the hearing ,
			 and must specify the time, date and place of the hearing, the nature of the
			 application and the regulation involved.
3. The Board will hold a public hearing on
			 the application 40 or more days after the date on which the Secretary receives
			 the application. The hearing will be held:
(a)
			 At its next regularly scheduled meeting;
(b) At its next meeting in Carson City, Las
			 Vegas or Reno, as requested by the applicant in the application; or
(c) As soon as the schedule of the Board
			 permits.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.230 - Procedure at hearing

Current through June 11, 2024
The following procedures apply to the hearing:
1. The staff of the Division of Public and
			 Behavioral Health of the Department of Health and Human Services shall submit
			 to the State Board of Health a report, including relevant data and a
			 recommendation, concerning the application. A copy of the report must be mailed
			 to the applicant at least 5 days before the hearing.
2. Members of the Board may ask relevant
			 questions of any person.
3. Any
			 person with a demonstrated interest in the application may present evidence but
			 not testimony which is argumentative or redundant.
4. The applicant has the burden of proof as
			 to the necessity for the variance.
5. At the conclusion of the hearing and after
			 consideration of all the evidence presented concerning the requested variance,
			 the Board will:
(a) Grant the
			 variance;
(b) Deny the variance;
			 or
(c) If further information is
			 needed, continue the hearing until such time as the information is
			 obtained.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.240 - Approval by State Board of Health

Current through June 11, 2024
1. The State Board
			 of Health will grant a variance from a regulation only if it finds from the
			 evidence presented at the hearing that:
(a)
			 There are circumstances or conditions which:
(1) Are unique to the applicant;
(2) Do not generally affect other persons
			 subject to the regulation;
(3) Make
			 compliance with the regulation unduly burdensome; and
(4) Cause a hardship to and abridge a
			 substantial property right of the applicant; and
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.250 - Written decision by State Board of Health

Current through June 11, 2024
1.
			 Within 14 days after the hearing, the State Board of Health will provide the
			 applicant with a written decision concerning the variance.
2. The decision will contain the Board's
			 findings of fact on the matters described in NAC 439.240 and, if the variance
			 is granted, will specify any conditions imposed by the Board and, in a case
			 where appropriate, the date on which the variance expires.
Bd. of Health, Variances
				Reg. §§ 2.9 & 2.9.1, eff. 10-16-80-NAC A by R010-06,
				5-4-2006
NRS
				  439.190,
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.260 - Application to district board of health

Current through June 11, 2024
1. An application
			 to a district board of health for a variance must be:
(a) Submitted in writing to the district
			 health officer.
(b) Accompanied by
			 payment in full of the cost of publication of notice of the application and the
			 date of the public hearing on it. The district health officer may waive the
			 requirement that the applicant pay the cost of publication upon a showing of
			 extreme economic hardship.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.270 - Appeals

Current through June 11, 2024
1. Any person who is aggrieved by a decision
			 of a district board of health on an application for a variance from a
			 regulation of the State Board of Health may appeal in writing to the State
			 Board of Health within 30 days after the date of the decision, but the State
			 Board will not review the decision of a district board concerning any
			 regulation adopted by the district board.
2. Upon receipt of the appeal, the Secretary
			 of the State Board shall request a copy of the district board's record of its
			 hearing on the application.
3. The
			 district health officer shall forward the record to the Secretary within 14
			 days after receipt of the request.
4. The State Board of Health will hold a
			 public hearing on the appeal not later than 40 days after the date on which the
			 Secretary of the Board receives the written appeal. The hearing will be held:
(a) At its next regularly scheduled
			 meeting;
(b) At its next meeting in
			 Carson City, Las Vegas or Reno, as requested by the applicant in the
			 application; or
(c) As soon
			 thereafter as the schedule of the Board permits.
Nevada Administrative Code › Chapter 439 - Administration of Public Health › VARIANCES FROM REGULATIONS › Section 439.280 - Schedule for compliance with regulation

Current through June 11, 2024
1. The
			 provisions of NAC 439.200 to 439.270, inclusive, do not preclude a person who
			 is temporarily unable to comply or unable to comply fully with a regulation
			 from negotiating a schedule for compliance.
2. A district health officer may postpone the
			 enforcement of a regulation of the State Board of Health enforced by the
			 district board and agree with such a person to a schedule for compliance with
			 the regulation. If the period needed by such a person to comply exceeds 30
			 days, the schedule must be submitted to the district board of health for
			 approval.
3. In those areas of the
			 State which are not in a health district, or in case of a regulation enforced
			 exclusively by the State Board of Health, the Chief Medical Officer may
			 postpone the enforcement of and agree to a schedule for compliance with the
			 regulation. If the period needed by such a person to comply exceeds 45 days,
			 the schedule must be submitted to the State Board of Health for
			 approval.
Bd. of Health, Variances
				Reg. §§ 5.1-5.1.2, eff. 10-16-80-NAC A by R010-06,
				5-4-2006
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.300 - Definitions

Current through June 11, 2024
As used in NAC 439.300 to 439.395, inclusive, unless the
				context otherwise requires, the words and terms defined in NAC 439.301 to
				439.307, inclusive, have the meanings ascribed to them in those
				sections.
Bd. of Health, License
				Hearings Rule 3, 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 439.301 - "Appellant" defined

Current through June 11, 2024
"Appellant" means a person who appeals proposed disciplinary
				action against him or her by the Division.
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 439.304 - "Disciplinary action" defined

Current through June 11, 2024
"Disciplinary action" includes, without limitation:
1. Administrative sanctions; and
2. The denial, suspension or revocation of a
			 license, permit, certificate, endorsement, approval, registration, charter,
			 designation or other similar grant of permission to operate that is issued to a
			 person, facility or governmental entity by the Division.
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 439.305 - "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 R037-97, eff. 10-30-97
NRS
				  439.200
Nevada Administrative Code › Chapter 439 - Administration of Public Health › APPEALS; USE OF HEARING OFFICERS › Section 439.307 - "Hearing officer" defined

Current through June 11, 2024
"Hearing officer" means a person appointed by the Administrator
				of the Division to preside at a hearing conducted pursuant to NAC 439.300 to
				439.395, inclusive.
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 439.310 - Scope; deviation from provisions

Current through June 11, 2024
1. All hearings
			 concerning appeals of proposed disciplinary actions by the Division are
			 governed by the provisions of NAC 439.300 to 439.395, inclusive, unless the
			 applicable practice or procedure is specifically provided by law or another
			 regulation of the Board.
2. In
			 special cases, where good cause appears, the hearing officer may allow
			 deviation from these provisions if he or she finds compliance with the
			 provisions to be impractical or unnecessary.
Bd. of Health, License
				Hearings Rule 1, §§ 1.1 & 1.3, 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 439.320 - Construction

Current through June 11, 2024
The provisions of NAC 439.300 to 439.395, inclusive, will be
				liberally construed to secure just, speedy and economical determination of all
				issues presented to the hearing officer.
Bd. of Health, License
				Hearings Rule 1, § 1.2, 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 439.330 - Severability

Current through June 11, 2024
The provisions of NAC 439.300 to 439.395, inclusive, are
				severable. If any provision of these regulations or any application to any
				person, thing or circumstance is held invalid, the Board intends that such
				invalidity not affect the remaining provisions or applications to the extent
				that they can be given effect.
Bd. of Health, License
				Hearings Rule 1, § 1.4, 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 439.340 - Office of Board

Current through June 11, 2024
The principal office of the Board is the office of the
				Administrator of the Division. The office of the Administrator is open during
				regular business hours.
Bd. of Health, License
				Hearings Rule 2, 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 439.341 - Hearing officers: Appointment; term; assignments; duties

Current through June 11, 2024
1. The Administrator shall appoint three
			 permanent employees of the Division to act as hearing officers. The hearing
			 officers shall perform their duties in addition to their regularly assigned
			 duties.
2. An employee appointed as
			 a hearing officer must be appointed for a term of 2 years.
3. The Administrator of the Division shall
			 rotate the assignment of appeals among the hearing officers. Upon receipt of a
			 request for an appeal to be heard by a hearing officer, the Administrator shall
			 assign the appeal to the next hearing officer in the rotation unless that
			 hearing officer has a conflict of interest or is otherwise disqualified from
			 hearing the appeal.
4. A hearing
			 officer shall not hear requests for variances from the requirements of a
			 regulation.
5. The Administrator
			 may revoke the appointment or change the assignment of a hearing officer for
			 good cause.
Added to NAC by Bd. of
				Health by R037-97, eff. 10-30-97
NRS
				  439.200