reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Monetary Penalties › Section 449.99908 - Time for payment of penalties

Current through June 11,
			 2024
1. Initial monetary
			 penalty assessment payments are due within 15 days after the notice of the
			 penalty and must be paid irrespective of any administrative appeal.
2. The daily monetary penalty is due and must
			 be paid within 15 days after compliance is verified or termination of a license
			 is effective and the facility is notified of the amount of the total daily
			 monetary penalty and interest due.
3. If the facility has appealed a decision
			 imposing a monetary penalty, the daily penalty is due and must be paid after
			 the final administrative decision is rendered and 15 days after the facility
			 has been notified of the amount of the total daily penalty and interest
			 due.
Added to NAC by Bd. of Health,
			 eff. 8-1-91
NRS
			 449.0302,
			 449.165
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Monetary Penalties › Section 449.99909 - Assessment of interest on unpaid balance of penalty

Current
			 through June 11, 2024
Unless it is waived as
			 provided in NAC 449.002 to 449.99939, inclusive, interest at the rate
			 prescribed in
			 NRS
			 449.163 will be assessed on the unpaid
			 balance of the penalty, beginning on the due date.
Added to NAC by Bd. of Health,
			 eff. 8-1-91
NRS
			 449.0302,
			 449.165
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Monetary Penalties › Section 449.9991 - Recovery of costs for collection of penalty

Current through June
			 11, 2024
Any costs, including attorney's fees,
			 incurred by the Bureau or the Division in the collection of any monetary
			 penalty may be recovered from the facility.
Added to NAC by Bd. of Health,
			 eff. 8-1-91
NRS
			 449.0302,
			 449.165
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Monetary Penalties › Section 449.99911 - Failure to pay penalty: Suspension of license of facility

Current through June 11, 2024
1. If the facility fails to pay a monetary
			 penalty, the Division may suspend the license of the facility.
2. The Division shall, in accordance with the
			 requirements of NAC 439.345, provide notice of its intention to suspend the
			 license of the facility.
3. If the
			 facility fails to pay the monetary penalty, including any additional costs
			 incurred in collection of the penalty, within 10 days after receipt of the
			 notice, the Division shall suspend the license of the facility. The suspension
			 must not be stayed during the pendency of any administrative appeal.
Added to NAC by Bd. of Health,
			 eff. 8-1-91; A by R044-97, 10-30-97
NRS
			 449.0302,
			 449.165
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Monetary Penalties › Section 449.99912 - Disposition of money collected

Current through June 11,
			 2024
1. Unless otherwise
			 required by federal law, money collected by the Division as administrative
			 sanctions must be deposited into a separate fund and applied to the protection
			 of the health, safety, well-being and property of recipients, including
			 residents of facilities that the Division finds deficient.
2. Any of the following applications of money
			 collected, without limitation, are permissible:
(a) Reimbursement of costs related to the
			 operation of a facility pending correction of deficiencies or
			 closure;
(b) Reimbursement of
			 residents for personal money lost; and
(c) Payment of the cost of relocating
			 residents to other facilities.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Temporary Management › Section 449.99915 - Appointment of temporary manager when there is immediate and serious threat: Notice; effect of failure to accept manager and to remove threat

Current through June 11, 2024
1. If a temporary manager is to be appointed,
			 the Bureau shall orally notify the facility of the appointment. Written notice
			 that complies with the requirements of NAC 439.345 must be mailed within 48
			 hours after the oral notice.
2. If
			 the facility does not accept the temporary manager or a temporary manager is
			 not available within 10 days after the date of the deficiency, and the
			 immediate and serious threat is not removed, the Bureau shall deny, suspend or
			 revoke the license of the facility and, if applicable, shall recommend to the
			 Division of Health Care Financing and Policy termination or suspension of the
			 Medicaid provider agreement of the facility.
3. If the facility accepts the temporary
			 manager, the Bureau shall:
(a) Notify the
			 facility that, unless it removes the immediate and serious threat, its license
			 will be denied, suspended or revoked pursuant to
			 NRS
			 449.160; and
(b) If applicable, recommend to the Division
			 of Health Care Financing and Policy that the Medicaid provider agreement of the
			 facility be terminated, effective on the 23rd day after the date of appointment
			 of the temporary manager.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Temporary Management › Section 449.99916 - Appointment of temporary manager when there is no immediate and serious threat: Notice

Current through June 11,
			 2024
Appointment of a temporary manager where there
			 is not an immediate and serious threat must be made in conformity with the
			 provisions for notice contained in NAC 439.345.
Added to NAC by Bd. of Health,
			 eff. 8-1-91; A by R044-97, 10-30-97
NRS
			 449.0302,
			 449.170
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Temporary Management › Section 449.99917 - Temporary manager: Qualifications

Current through June 11,
			 2024
1. The temporary
			 manager must:
(a) Be a person qualified to
			 operate the facility pursuant to the provisions of chapter 449 of NRS relating
			 to the licensing of the facility;
(b) Demonstrate prior competency as an
			 administrator of a medical facility or a facility for the dependent or have
			 other relevant experience pertinent to the deficiencies identified;
			 and
(c) Have had no disciplinary
			 action taken against him or her by any licensing board or professional society
			 in any state.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Temporary Management › Section 449.99918 - Temporary manager: Authority

Current through June 11,
			 2024
The temporary manager may take such action as
			 is required to mitigate the immediate danger at the facility, including,
			 without limitation, providing for the safe transfer of residents or prohibiting
			 the transfer of residents.
Added to NAC by Bd. of Health,
			 eff. 8-1-91
NRS
			 449.0302,
			 449.165
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Temporary Management › Section 449.99919 - Effect of failure to agree to appointment of or to relinquish authority to temporary manager

Current through June 11,
			 2024
If a facility fails to agree to the appointment
			 of a temporary manager or fails to relinquish authority to the temporary
			 manager, the Division of Public and Behavioral Health shall:
1. Request the Attorney General to bring an
			 action pursuant to
			 NRS
			 439.565;
2. Deny, suspend or revoke the license of the
			 facility; and
3. If applicable,
			 request the Division of Health Care Financing and Policy to terminate the
			 provider agreement of the facility in accordance with the requirements of the
			 Medicaid program.
Added to NAC by Bd. of Health,
			 eff. 8-1-91; A by R051-02, 7-24-2002
NRS
			 449.0302,
			 449.165
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Temporary Management › Section 449.9992 - Events requiring termination of management; initiation of judicial proceedings

Current through June 11,
			 2024
1. Temporary
			 management of a facility must be terminated if the Bureau determines that:
(a) The facility has substantially corrected
			 the deficiency and has secured management capable of ensuring continued
			 compliance with applicable state and federal statutes, regulations, conditions
			 and standards; or
(b) The license
			 of the facility has been denied, revoked or suspended.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Temporary Management › Section 449.99921 - Payment of costs and expenses

Current through June 11,
			 2024
The costs and expenses of temporary management,
			 including the compensation of the manager, must be paid by the facility through
			 the Bureau while the temporary manager is assigned to the
			 facility.
Added to NAC by Bd. of Health,
			 eff. 8-1-91
NRS
			 449.0302,
			 449.165
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Closure of Facility and Transfer of Residents › Section 449.99925 - Authority of Bureau

Current through June 11,
			 2024
The Bureau shall in an emergency deny, suspend
			 or revoke the license of a facility and, in the case of a residential facility
			 that is no longer licensed to operate, arrange for the appointment of a
			 temporary manager to oversee the timely and orderly transfer of any residents.
			 This sanction may be used only if other less drastic measures are inadequate to
			 prevent or remove a serious threat to the health, safety and well-being of
			 recipients and, in the case of a residential facility, the action is deemed
			 necessary to safeguard and protect the health of residents of the
			 facility.
Added to NAC by Bd. of Health,
			 eff. 8-1-91
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Closure of Facility and Transfer of Residents › Section 449.99926 - Requirements for notification

Current through June 11,
			 2024
1. Except as
			 otherwise provided in subsection 2, if the Bureau proposes to close a facility,
			 the Division shall, at least 5 days before the transfer, notify or cause to be
			 notified personally or by written or telephonic means:
(a) Each recipient; and
(b) Any person indicated on the record of the
			 recipient as a person to be notified in case of an emergency,
of the
			 nature of the emergency and the proposed transfer.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Closure of Facility and Transfer of Residents › Section 449.99927 - Appointment of temporary manager

Current through June 11,
			 2024
If the Bureau denies, revokes or suspends the
			 license of a facility, the Bureau shall appoint a temporary manager to assist
			 in the orderly closure of the facility and, in the case of a residential
			 facility, the transfer of residents.
Added to NAC by Bd. of Health,
			 eff. 8-1-91
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Closure of Facility and Transfer of Residents › Section 449.99928 - Bureau to supervise or appoint temporary manager to supervise transfer; imposition of other appropriate sanctions

Current through June 11,
			 2024
If a residential facility is to be closed, the
			 Bureau shall supervise, or appoint a temporary manager to supervise, the
			 orderly transfer of residents. The Bureau may also impose other appropriate
			 sanctions as authorized by the regulations of the Division.
Added to NAC by Bd. of Health,
			 eff. 8-1-91; A by R051-02, 7-24-2002
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Closure of Facility and Transfer of Residents › Section 449.99929 - Determination of appropriate placement of residents

Current through
			 June 11, 2024
If the residents of a residential
			 facility are to be transferred, the following criteria must be applied by the
			 Bureau or temporary manager responsible for supervising the orderly transfer of
			 residents in the following order to determine the most appropriate placement of
			 each resident:
1. The medical and
			 psychological health of the resident and the suitability of the proposed
			 facility to meet the resident's medical and psychosocial needs;
2. The facility, if any, where the spouse or
			 immediate family member of the resident is a resident; and
3. The geographical proximity of the proposed
			 facility to the immediate family or regular visitors of the resident.
Added to NAC by Bd. of Health,
			 eff. 8-1-91; A by R051-02, 7-24-2002
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Closure of Facility and Transfer of Residents › Section 449.9993 - Rights of appeal for transferred residents

Current through June
			 11, 2024
Except in cases of emergency or termination
			 of the license of a facility, the rights of appeal provided by federal and
			 state statutes or regulations governing the transfer of residents apply to
			 residents who are transferred.
Added to NAC by Bd. of Health,
			 eff. 8-1-91
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Facilities Participating in Medicaid › Section 449.99935 - Authorized recommendations in addition to available sanctions

Current through June 11, 2024
For a
			 facility that participates in Medicaid, in addition to imposing any sanction
			 authorized by NAC 449.99863, the Bureau may recommend to the Division of Health
			 Care Financing and Policy:
1. That the
			 provider agreement of the facility be terminated.
2. That Medicaid payment for new admissions
			 be denied.
3. That Medicaid payment
			 for certain diagnostic categories or certain types of specialized care be
			 denied.
4. That all or part of the
			 Medicaid payments to the facility be suspended.
5. That the facility be allowed to continue
			 to participate as a Medicaid facility for 6 months after the date of the survey
			 if:
(a) The Bureau finds that it is more
			 appropriate to impose alternative sanctions than to recommend termination of
			 the facility from the Medicaid program;
(b) The facility has submitted an acceptable
			 plan of correction;
(c) The Bureau
			 approves the plan of correction; and
(d) The facility agrees to repay the Federal
			 Government for any payments received under the Medicare or Medicaid program if
			 timely corrective action is not taken in accordance with the approved plan of
			 correction.
If the facility does not substantially correct the cited
			 deficiencies within 6 months after the last day of the survey, the Bureau shall
			 recommend that the Division of Health Care Financing and Policy terminate the
			 Medicaid agreement of any facility whose participation was continued under
			 these conditions.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Facilities Participating in Medicaid › Section 449.99936 - Withholding of monetary penalties from payments owed to facility

Current through June 11, 2024
1. The amount of any monetary penalty owed by
			 a Medicaid facility, if it has been determined, may be deducted from any money
			 otherwise owed to the facility by the Division of Health Care Financing and
			 Policy.
2. If the facility does not
			 pay a monetary penalty by the date it is due and no extension of time to pay is
			 granted, the Administrator of the Division of Public and Behavioral Health
			 shall notify the Administrator of the Division of Health Care Financing and
			 Policy of the amount of the penalty due and owing and shall request withholding
			 of the amount owed.
3. The
			 Administrator of the Division of Health Care Financing and Policy shall take
			 the appropriate steps to withhold the amount of the monetary penalty owed,
			 including any interest and costs of collection, from the Medicaid payment
			 otherwise due the facility. Money so withheld must be remitted to the Division
			 of Public and Behavioral Health for deposit in the special fund established
			 pursuant to NAC 449.99912. Money withheld for costs of collection must be
			 applied by the Administrator of the Division of Public and Behavioral Health to
			 the account incurring the costs.
Added to NAC by Bd. of Health,
			 eff. 8-1-91; A by R051-02, 7-24-2002
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Facilities Participating in Medicaid › Section 449.99937 - Denial of payments for new admissions generally

Current through
			 June 11, 2024
1. The
			 Bureau may request the Division of Health Care Financing and Policy to deny
			 Medicaid payment to a facility for new admissions if:
(a) The facility does not substantially
			 correct the deficiencies within 90 days or within the time required by federal
			 Medicaid law after the facility is notified by the Bureau of the deficiencies;
			 or
(b) The Bureau has cited a
			 facility with substandard quality of care (severity score of level three or
			 more and scope of level three) on two of the last three consecutive standard
			 surveys.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Facilities Participating in Medicaid › Section 449.99938 - Denial of payments for new admissions who have certain specified diagnoses or special care needs

Current through June 11,
			 2024
1. The Bureau may
			 request the Division of Health Care Financing and Policy to deny payment to a
			 facility for new admissions who have certain specified diagnoses or special
			 care needs if:
(a) The facility is not
			 currently able to provide appropriate care, services or treatment for those
			 persons; or
(b) Caring for those
			 persons will adversely affect care provided to other recipients.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › ADMINISTRATIVE SANCTIONS › Facilities Participating in Medicaid › Section 449.99939 - Suspension of payments for services furnished to Medicaid recipient on or after date of deficiency

Current through June 11,
			 2024
1. The Bureau may
			 request the Division of Health Care Financing and Policy to suspend all or part
			 of the Medicaid payments to a facility for services furnished to a Medicaid
			 recipient on or after the date of the deficiency, regardless of whether the
			 recipient was admitted before, on or after the date of the
			 deficiency.
2. If the facility
			 achieves compliance with the requirements, the Bureau shall request the
			 Division of Health Care Financing and Policy to resume payments
			 retroactively.
Added to NAC by Bd. of Health,
			 eff. 8-1-91; A by R051-02, 7-24-2002
NRS
			 449.0302
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › General Provisions › Section 449.9994 - Definitions

Current through June 11, 2024
As used in
			 NAC 449.9994 to 449.999489, inclusive, unless the context otherwise requires,
			 the words and terms defined in NAC 449.99941 to 449.999419, inclusive, have the
			 meanings ascribed to them in those sections.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › General Provisions › Section 449.99941 - "Bureau" defined

Current through June 11,
			 2024
"Bureau" means the Bureau of Health Care
			 Quality and Compliance of the Division.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › General Provisions › Section 449.999413 - "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
			 R179-09, eff. 7-22-2010
NRS
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › General Provisions › Section 449.999415 - "Inspection" defined

Current through June 11,
			 2024
"Inspection" means the inspection of an
			 outpatient facility conducted by employees of the Bureau pursuant to
			 NRS
			 449.443 or
			 449.446.
			 The term includes a follow-up inspection to renew the permit of an outpatient
			 facility or evaluate compliance with a plan of correction or an inspection made
			 in response to a complaint.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › General Provisions › Section 449.999417 - "Outpatient facility" defined

Current through June 11,
			 2024
"Outpatient facility" means an office of a
			 physician or a facility that provides health care, other than a medical
			 facility, which offers to a patient a service of general anesthesia, conscious
			 sedation or deep sedation. The term does not include an office of a physician
			 or a facility to which the provisions of
			 NRS 449.435 to
			 449.448, inclusive,
			 do not apply.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › General Provisions › Section 449.999419 - "Treatment" defined

Current through June 11,
			 2024
"Treatment" means any medication, drug, test or
			 procedure conducted or administered to diagnose or remedy a physical or mental
			 illness or condition.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Permitting › Section 449.99942 - Application; general requirements; proof of national accreditation; fee; period for validity; application required for each location

Current through June 11, 2024
1. Before offering to a patient a service of
			 general anesthesia, conscious sedation or deep sedation, an outpatient facility
			 shall submit to the Division an application for a permit to offer those
			 services at the outpatient facility on a form prescribed by the
			 Division.
2. An application for a
			 permit must:
(a) Be complete and, if the
			 applicant is a natural person, include proof of the identity of the applicant
			 that is acceptable to the Division.
(b) Be accompanied by the appropriate
			 application fee as prescribed in subsection 3.
(c) Include:
(1) The name of the applicant and, if a
			 natural person, evidence that the applicant has attained the age of 21
			 years.
(2) The location of the
			 outpatient facility.
(3) In
			 specific terms, the nature of services and type of care to be
			 offered.
(4) The name of the person
			 in charge of the outpatient facility.
(5) Such other information as may be required
			 by the Division for the proper administration and enforcement of
			 NRS 449.435 to
			 449.448, inclusive,
			 and NAC 449.9994 to 449.999489, inclusive.
(6) Evidence satisfactory to the Division
			 that the applicant is of reputable and responsible character. If the applicant
			 is a firm, association, organization, partnership, business trust, corporation
			 or company, similar evidence must be submitted as to the members thereof, and
			 the person in charge of the outpatient facility for which application is made.
			 If the applicant is a political subdivision of the State or other governmental
			 agency, similar evidence must be submitted as to the person in charge of the
			 outpatient facility for which application is made.
(7) Evidence satisfactory to the Division of
			 the ability of the applicant to comply with the standards and regulations
			 adopted by the Board.
(8) Evidence
			 satisfactory to the Division that the outpatient facility:
(I) Conforms to the zoning regulations of the
			 local government within which the outpatient facility will be operated;
			 or
(II) Has applied for an
			 appropriate reclassification, variance, permit for special use or other
			 exception for the outpatient facility.
(d) Be accompanied by:
(1) Except as otherwise provided in
			 subparagraph (2), proof of accreditation by a nationally recognized
			 organization approved by the Board pursuant to NAC 449.999424; or
(2) If the application is for an initial
			 permit, evidence that the outpatient facility has applied for accreditation by
			 a nationally recognized organization approved by the Board pursuant to NAC
			 449.999424.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Permitting › Section 449.999421 - Inspection by Division of applicant and outpatient facility; prerequisite of satisfactory fire inspection

Current through June 11,
			 2024
1. Upon receipt of
			 a properly completed application for a permit, proof of the identity of the
			 applicant, if applicable, that is acceptable to the Division and the
			 appropriate fee, the Division shall conduct an investigation of the applicant
			 and the outpatient facility pursuant to the provisions of
			 NRS
			 449.446. During the investigation, the
			 Division shall determine whether the outpatient facility is in compliance with
			 the provisions of
			 NRS 449.435 to
			 449.448, inclusive,
			 and NAC 449.9994 to 449.999489, inclusive.
2. Before issuing a permit, the Division must
			 receive a satisfactory report of inspection of the outpatient facility from the
			 State Fire Marshal or the local fire department.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010; A by R078-12, 12-20-2012
NRS
			 449.443,
			 449.446,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Permitting › Section 449.999422 - Term of permit; circumstances under which permit deemed invalid

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 2, a permit is valid for 1 year after the date of issuance, and the holder of
			 the permit may apply for renewal of the permit pursuant to NAC
			 449.999423.
2. A permit is invalid
			 on the date on which the holder of the permit fails to:
(a) Obtain accreditation as required by
			 NRS
			 449.442 and NAC 449.999424 within 6 months
			 after the date of issuance of the permit;
(b) Maintain current accreditation;
			 or
(c) Provide a report from a
			 nationally recognized organization for accreditation as required by NAC
			 449.999424.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Permitting › Section 449.999423 - Renewal of permit: Application; additional inspection by Division authorized; fees; untimely filing or failure to file application

Current through June 11, 2024
1. Except as otherwise provided in subsection
			 3, a holder of a permit to operate an outpatient facility who wishes to renew
			 the permit must submit a completed application for renewal to the Division, on
			 a form prescribed by the Division, not later than 45 days before the date on
			 which the permit expires. In addition to the annual inspection required by
			 NRS
			 449.446, the Division may require an
			 inspection of the outpatient facility to ensure that it meets the requirements
			 of
			 NRS 449.435 to
			 449.448, inclusive,
			 and NAC 449.9994 to 449.999489, inclusive, before deciding whether to renew a
			 permit.
2. An applicant for the
			 renewal of a permit to operate an outpatient facility must pay to the Division
			 a nonrefundable fee of $1,785.
3. A
			 holder of a permit who, without good cause, files an application for the
			 renewal of a permit after the date set forth in subsection 1 but before the
			 expiration of the permit must pay, in addition to the renewal fee for the
			 permit prescribed in subsection 2, a fee equal to one-half the amount of the
			 fee required for the renewal of the permit pursuant to that
			 subsection.
4. A holder of a permit
			 who fails to file an application for the renewal of the permit before the
			 permit expires is not eligible to renew the permit and, if he or she wishes to
			 be permitted, must submit an application for a new permit pursuant to NAC
			 449.99942.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 449.444,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Permitting › Section 449.999424 - Outpatient facility required to provide proof of national accreditation; submission of reports to Division; application by accrediting organization for recognition by State Board of Health; maintenance of list by Division of approved accrediting organizations

Current through June 11,
			 2024
1. An outpatient
			 facility shall:
(a) Not later than 6 months
			 after obtaining a permit, submit proof to the Division of accreditation by a
			 nationally recognized organization approved by the Board pursuant to subsection
			 3; and
(b) Maintain current
			 accreditation during the term of the permit.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Permitting › Section 449.999425 - Display of permit; maintenance of outpatient facility in compliance with law; notification of transfer of real property; notification of change of ownership, location or services provided

Current through June 11,
			 2024
1. Upon receipt of
			 a permit, the holder shall display the permit at a conspicuous location within
			 the outpatient facility.
2. During
			 the term of the permit, the outpatient facility shall continuously maintain the
			 facility in conformance with the provisions of
			 NRS 449.435 to
			 449.448, inclusive,
			 and NAC 449.9994 to 449.999489, inclusive.
3. If there is a transfer of the real
			 property on which the outpatient facility is located, but no change in the
			 operator of the outpatient facility, the holder of a permit shall, within 10
			 days after the transfer, notify the Division of the transfer in writing and
			 provide the Division with a copy of any lease agreement relating to the
			 transfer.
4. The holder of a permit
			 shall notify the Division immediately of any change in the ownership of,
			 location of or services provided by the outpatient facility.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Permitting › Section 449.999426 - Additional grounds for denial, suspension or revocation of permit

Current through June 11, 2024
In addition
			 to the grounds set forth in
			 NRS
			 449.447 and NAC 449.999459, the Division may
			 deny an application for a permit or may suspend or revoke a permit upon any of
			 the following grounds:
1.
			 Misappropriation of the property of a patient of the outpatient
			 facility.
2. Abuse, neglect or
			 exploitation of a person who is infirm, a person with an intellectual
			 disability, a person with a disability or a person who is 60 years of age or
			 older.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 449.447,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.99943 - Definitions

Current through June 11, 2024
As used in
			 NAC 449.99943 to 449.999448, inclusive, unless the context otherwise requires,
			 the words and terms defined in NAC 449.999431 to 449.99944, inclusive, have the
			 meanings ascribed to them in those sections.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999431 - "Biologic indicator test" defined

Current through June 11,
			 2024
"Biologic indicator test" means a test used in
			 every ethylene oxide cycle and in every sterilization load of implantable
			 devices to demonstrate through the destruction of highly resistant bacterial
			 spores whether all parameters, including, without limitation, time,
			 temperature, sterilant and humidity, were met to effectively sterilize the
			 medical items.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999432 - "Cleaning" defined

Current through June 11,
			 2024
"Cleaning" means the physical removal of
			 organic material or soil from objects by using water, with or without
			 detergents, that is designed to remove, rather than kill,
			 microorganisms.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999433 - "High-level disinfection" defined

Current through June 11,
			 2024
"High-level disinfection" means a type of
			 disinfection which destroys all microorganisms with the exception of high
			 levels of bacterial spores. Such disinfection may be accomplished through the
			 use of processes that include, without limitation, boiling items in water,
			 steaming items in water and soaking items in chemical disinfectants.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999434 - "Implantable device" defined

Current through June 11,
			 2024
"Implantable device" means a medical device
			 that is implanted in the human body, including, without limitation, a
			 pacemaker, defibrillator, heart valve, hearing device or joint
			 replacement.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999435 - "Invasive procedure" defined

Current through June 11,
			 2024
"Invasive procedure" means a medical procedure
			 involving entry into the human body by puncture or incision or by insertion of
			 an instrument.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999436 - "Low-level disinfection" defined

Current through June 11,
			 2024
"Low-level disinfection" means a type of
			 disinfection which eliminates most bacteria, some viruses and some fungi, but
			 which may not kill resistant microorganisms. Such disinfection may be
			 accomplished through the use of processes that include, without limitation,
			 soaking items in chemical disinfectants.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999437 - "Multidose vial" defined

Current through June 11,
			 2024
"Multidose vial" means a vial, including,
			 without limitation, a sealed sterile vial, which may be accessed by insertion
			 of a needle and which, according to the manufacturer's instructions:
1. Contains more than one dose of a
			 medication; and
2. May be used for
			 one or more patients.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999438 - "Reprocess" defined

Current through June 11,
			 2024
"Reprocess" means the process of subjecting a
			 single-use medical device that has been previously used on a patient to
			 additional cleaning, disinfection or sterilization, manufacturing steps,
			 including, without limitation, repackaging and relabeling, and testing of the
			 technical and functional safety of the device to make the device ready for safe
			 use on another patient.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999439 - "Single-dose vial" defined

Current through June 11,
			 2024
"Single-dose vial" means a vial, including,
			 without limitation, a sealed sterile vial, which may be accessed by insertion
			 of a needle and which, according to the manufacturer's instructions:
1. Contains only one dose of a medication;
			 and
2. May be used for only one
			 patient.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.99944 - "Sterilization" defined

Current through June 11,
			 2024
"Sterilization" means a process using medical
			 equipment, including, without limitation, a dry heat sterilizer or an
			 autoclave, to destroy all forms of microbial life.
Added to NAC by Bd. of Health by
			 R179-09, eff. 7-22-2010
NRS
			 441A.120,
			 449.448
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999441 - Adoption of guidelines by holder of permit for establishment of program

Current through June 11, 2024
1. The holder of a permit issued pursuant to
			 NAC 449.99942 shall adopt guidelines which must be used by the outpatient
			 facility in establishing the program for the prevention and control of
			 infections and communicable diseases required by NAC 449.999442.
2. The guidelines adopted pursuant to
			 subsection 1 may include, without limitation, guidelines, statements or
			 recommendations issued or published by other agencies or organizations, and
			 must:
(a) Be based on evidence, theoretical
			 rationale or scientific data; and
(b) Include well-designed experimental,
			 clinical or epidemiological studies which document the processes used in the
			 development of the studies and which grade the strength of the evidence relied
			 on in the studies.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999442 - General requirements of program

Current through June 11,
			 2024
1. Each outpatient
			 facility shall establish and maintain a program for the prevention and control
			 of infections and communicable diseases.
2. In addition to complying with the
			 provisions of NAC 449.999441 to 449.999447, inclusive, a program for the
			 prevention and control of infections and communicable diseases must be:
(a) Appropriate for the services provided at
			 the outpatient facility;
(b) Based
			 on the guidelines adopted by the holder of the permit pursuant to NAC
			 449.999441; and
(c) Developed in a
			 manner that takes into consideration:
(1) All
			 surgical and other medical services provided at the outpatient
			 facility;
(2) The types of patients
			 typically treated at the outpatient facility, including, without limitation,
			 those whose age or medical condition makes them vulnerable to infections and
			 communicable diseases;
(3) The
			 types of injuries or illnesses typically treated at the outpatient
			 facility;
(4) The number of
			 patients typically treated at the outpatient facility;
(5) The level of education and training of
			 the staff of the outpatient facility;
(6) The number of nurses available at the
			 outpatient facility, the qualifications of such nurses and the amount of
			 support required of the nurses by the physicians at the outpatient facility, if
			 applicable;
(7) The types of
			 invasive procedures performed at the outpatient facility;
(8) The locations within the outpatient
			 facility where invasive procedures are performed;
(9) The specific medical instruments and
			 equipment used at the outpatient facility;
(10) The physical design of the outpatient
			 facility; and
(11) The causes,
			 risks and patterns of infections and transmission of communicable diseases that
			 arise in the setting of each medical procedure performed at the outpatient
			 facility.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999443 - Program required to include policies and procedures for prevention of exposure to blood-borne and other potentially infectious pathogens

Current through June 11, 2024
Each program
			 for the prevention and control of infections and communicable diseases must
			 include policies and procedures to prevent exposure to blood-borne and other
			 potentially infectious pathogens, including, without limitation, policies and
			 procedures relating to:
1. Hand
			 hygiene, including provisions regarding the time and procedure for hand washing
			 with soap and water or the use of an alcohol-based hand rub.
2. The proper use of medical gloves,
			 including, without limitation, a requirement that each person who works at the
			 outpatient facility must wear medical gloves when the person:
(a) Anticipates coming in contact with blood
			 or bodily fluids;
(b) Handles
			 contaminated instruments, items and equipment;
(c) Handles biological waste or biologically
			 contaminated waste that may cause harm to humans, animals or plants;
(d) Handles linens potentially contaminated
			 with biological waste or biologically contaminated waste that may cause harm to
			 humans, animals or plants; and
(e)
			 Performs housekeeping activities or cleans contaminated surfaces.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999444 - Program required to include policies and procedures for single-dose vials and multidose vials

Current through June 11,
			 2024
1. Each program for
			 the prevention and control of infections and communicable diseases must include
			 policies and procedures for single-dose vials which provide that a single-dose
			 vial may be accessed only by using an aseptic technique. The policies and
			 procedures must provide that:
(a) Each
			 injection of a medication from a single-dose vial must be prepared in a clean,
			 designated area where contamination by blood or bodily fluid is unlikely to
			 occur;
(b) The medication in a
			 single-dose vial must not be used for more than one patient;
(c) A single-dose vial, including any
			 remaining medication in the vial after its use, must be discarded;
			 and
(d) Any remaining medication in
			 a single-dose vial after its use must not be combined with any other medication
			 or otherwise used for any other patients.
Nevada Administrative Code › Chapter 449 - Medical and Other Related Facilities › OUTPATIENT FACILITIES: PERMIT FOR SERVICES OF GENERAL ANESTHESIA, CONSCIOUS SEDATION AND DEEP SEDATION › Program for the Prevention and Control of Infections and Communicable Diseases › Section 449.999445 - Sterilization and disinfection of surgical instruments, items and equipment; training required for employees and contractors responsible for sterilization or disinfection

Current through June 11,
			 2024
1. All surgical
			 instruments, items or equipment used in the care of patients at an outpatient
			 facility must be sterilized or disinfected according to the program for the
			 prevention and control of infections and communicable diseases adopted by the
			 outpatient facility pursuant to NAC 449.999442.
2. If such instruments, items and equipment
			 are sterilized or disinfected by equipment or cleaning agents at the outpatient
			 facility:
(a) Before an employee or
			 independent contractor may be assigned the responsibility for sterilizing or
			 disinfecting any instrument, item or equipment, the employee or independent
			 contractor must receive training concerning the instructions of the
			 manufacturer of the device or sterilizer for:
(1) Sterilizing and disinfecting the
			 instrument, item or equipment;
(2)
			 The use and maintenance of the sterilizer or disinfecting equipment;
			 and
(3) The agents used to
			 sterilize and disinfect the instrument, item or equipment.