reglab/statecodes huggingface dataset:
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › EDUCATIONAL PROGRAM TO PROMOTE WELLNESS, PHYSICAL FITNESS AND PREVENTION OF DISEASE AND ACCIDENTS › Section 439B.560 - Description of program: Accompanying statement

Current through June 11, 2024
The description of an educational program submitted pursuant to
				NAC 439B.555 must be accompanied by a statement from the major hospitals
				that:
1. If participation in or
			 benefit from any part of the program is contingent upon the payment of a fee or
			 the purchase of goods or services from one of the major hospitals or a facility
			 affiliated with a major hospital, no prospective participant will be denied
			 such participation or benefit on the basis of failure or inability to pay the
			 required fee or charges.
2.
			 Prospective participants will not be discriminated against on the basis of
			 race, color, religion, national origin, sex or sexual orientation except to the
			 extent such discrimination is clearly directed against persons or classes of
			 persons who would not benefit from the program.
Added to NAC by Dep't of
				Human Resources, eff. 12-31-91
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › EDUCATIONAL PROGRAM TO PROMOTE WELLNESS, PHYSICAL FITNESS AND PREVENTION OF DISEASE AND ACCIDENTS › Section 439B.565 - Notification by director of decision regarding program; opportunity to make corrections

Current through June 11, 2024
The director will notify the person designated as liaison for a
				proposed educational program of his decision within 15 days after his receipt
				of the description of the program. If the program is disapproved, the
				director's notice will specify the required corrections and the hospitals will
				have an additional 15 days after the date of receipt of the notice of
				disapproval to make those corrections.
Added to NAC by Dep't of
				Human Resources, eff. 12-31-91
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.600 - Applicability

Current through June 11, 2024
Any person or entity that is or may be subject to a provision
				of chapter 439B of NRS, or any regulation or prior decision of the Director
				adopted pursuant thereto, may file with the Director a petition, in letter
				form, for a declaratory order or advisory opinion as to the applicability and
				interpretation of the provision to the person or entity. The petition must be
				filed by mailing the petition to the State of Nevada, Director of the
				Department of Health and Human Services, Kinkead Building, Room 600, 505 East
				King Street, Carson City, Nevada 89710, by certified mail with a return receipt
				requested.
Added to NAC by Dep't of
				Human Resources, eff. 7-7-94
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.610 - Contents of petition

Current through June 11, 2024
A petition for a declaratory order or advisory opinion filed
				pursuant to NAC 439B.600 must include:
1. A statement of each issue upon which the
			 petitioner is seeking a declaratory order or advisory opinion, including
			 references to the provision of any statute, regulation or prior decision of the
			 director which the petitioner believes is at issue.
2. A statement of the factual circumstances
			 that relate to the issues upon which the petitioner is seeking a declaratory
			 order or advisory opinion, including, but not limited to:
(a) The type of business involved and the
			 goods and services delivered, if any;
(b) A list of persons and entities with an
			 existing or proposed financial interest in the business involved, the type of
			 financial interest held by these persons or entities, including any interest in
			 an executed or proposed contract, agreement or arrangement and an explanation
			 of the role of these persons or entities in the delivery of goods and services
			 delivered; and
(c) A flow chart of
			 the business involved that shows the existing and proposed ownership, structure
			 of business operations, locations of major equipment or laboratories, names of
			 each entity or facility and patterns of referral among each practitioner,
			 entity or facility involved.
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.620 - Powers of director: Designation of person to issue declaratory order or advisory opinion; consolidation of petitions for advisory opinions

Current through June 11, 2024
1. The director may designate a person within
			 the department to issue a declaratory order or advisory opinion pursuant to NAC
			 439B.600 to 439B.640, inclusive.
2.
			 The director or his designee may issue a declaratory order that consolidates
			 two or more petitions for an advisory opinion.
Added to NAC by Dep't of
				Human Resources, eff. 7-7-94
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.630 - Issuance of declaratory order or advisory opinion: Time for issuance; tolling of time for issuance; consolidated petitions

Current through June 11, 2024
1. Except as
			 otherwise provided in subsections 2 and 3, the director or his designee will
			 issue a declaratory order or advisory opinion pursuant to NAC 439B.600 to
			 439B.640, inclusive, within 60 days after the date on which a petition for a
			 declaratory order or petition for an advisory opinion is filed.
2. The running of the time period for the
			 issuance of a declaratory order or advisory opinion provided in subsection 1
			 shall be deemed to be tolled under the following circumstances:
(a) If the director or his designee requests
			 that the petitioner submit additional information to the director or his
			 designee after the date the petition for a declaratory order or advisory
			 opinion was filed. The running of the time period for the issuance of a
			 declaratory order or advisory opinion provided in subsection 1 shall be deemed
			 to be tolled from the date the director or his designee mails the request for
			 additional information to the petitioner until 30 days after the date on which
			 the director or his designee receives the additional information from the
			 petitioner.
(b) If the petitioner,
			 without receiving a request for additional information from the director or his
			 designee, submits additional information to the director or his designee after
			 the date the petition for a declaratory order or advisory opinion was filed.
			 The running of the time period for the issuance of a declaratory order or
			 advisory opinion provided in subsection 1 shall be deemed to be tolled from the
			 date the additional information is received until 30 days after the date on
			 which the director or his designee receives the additional information from the
			 petitioner.
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.640 - Copy of declaratory order or advisory opinion to be mailed to petitioner and made available to public

Current through June 11, 2024
Upon the issuance of a declaratory order or advisory opinion
				pursuant to NAC 439B.600 to 439B.640, inclusive, the director or his designee
				will mail a copy of the declaratory order or advisory opinion to the petitioner
				and will make a copy of the declaratory order or advisory opinion available to
				the public for inspection.
Added to NAC by Dep't of
				Human Resources, eff. 7-7-94
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 2 - NEW

Current through June 11, 2024
As used in NAC
				439.730,
				439.735
				and
				439.740
				and sections 2 to 12, inclusive, unless the context otherwise requires, the
				words and terms defined in sections 3 to 6, inclusive have the meanings
				ascribed to them in those sections.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 3 - NEW

Current through June 11, 2024
"Manufacturer" has the meaning ascribed to it in
				NRS
				439B.605, as amended by section 9.3 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page
				3723.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 4 - NEW

Current through June 11, 2024
"Pharmacy" has the meaning ascribed to it in
				NRS
				439B.610.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 5 - NEW

Current through June 11, 2024
"Pharmacy benefit manager" has the meaning ascribed to it in
				NRS
				439B.615.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 6 - NEW

Current through June 11, 2024
"Wholesaler" has the meaning ascribed to it in section 4 of
				Senate Bill No. 380, chapter 547, Statutes of Nevada 2021, at page
				3723.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 7 - NEW

Current through June 11, 2024
1.
			 The Director shall appoint three permanent employees of the Department to serve
			 as hearing officers.
2. An employee
			 appointed as a hearing officer pursuant to this section shall perform the
			 duties of a hearing officer in addition to the regular duties of the
			 employee.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 8 - NEW

Current through June 11, 2024
1.
			 If the Department intends to impose an administrative penalty pursuant to
			 NRS
			 439B.695, as amended by section 18 of Senate
			 Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3730, the
			 Department will notify in writing the pharmacy, manufacturer, wholesaler,
			 pharmacy benefit manager, nonprofit organization or pharmaceutical sales
			 representative upon whom the administrative penalty is to be imposed at least
			 15 business days before the effective date of the administrative penalty. The
			 notice must include, without limitation:
(a) A
			 citation to the statutory and regulatory authority for the penalty;
(b) A description of the facts on which the
			 penalty is based;
(c) A description
			 of the circumstances considered by the Department in imposing the
			 penalty;
(d) Instructions for
			 responding to the notice and a statement of the available appeal procedures,
			 including, without limitation, a statement of the right to a hearing, the
			 period during which a hearing must be requested and the consequences of waiving
			 a hearing; and
(e) The effective
			 date of the penalty.
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 9 - NEW

Current through June 11, 2024
1.
			 To appeal an administrative penalty imposed pursuant to
			 NRS
			 439B.695, as amended by section 18 of Senate
			 Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3730, a pharmacy,
			 manufacturer, wholesaler, pharmacy benefit manager, nonprofit organization or
			 pharmaceutical sales representative, as applicable, must submit a request for
			 an appeal to the Director not later than 15 business days after the date on
			 which the notice was provided pursuant to section 8. If the pharmacy,
			 manufacturer, wholesaler, pharmacy benefit manager, nonprofit organization or
			 pharmaceutical sales representative fails to request a hearing within that
			 time, the pharmacy, manufacturer, wholesaler, pharmacy benefit manager,
			 nonprofit organization or pharmaceutical sales representative, as applicable,
			 shall be deemed to have waived the appeal and the penalty becomes effective on
			 the date specified in the notice.
2. The Director shall use a rotation of the
			 hearing officers appointed pursuant to section 7 when selecting a hearing
			 officer to hear an appeal. Upon receiving a request for an appeal pursuant to
			 subsection 1, the Director shall select the next hearing officer in the
			 rotation who does not have a conflict of interest and is not otherwise
			 disqualified to hear the appeal.
3.
			 The Department will not attempt to collect a penalty while an appeal is
			 pending.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 10 - NEW

Current through June 11, 2024
1.
			 Except as otherwise provided in this subsection, a hearing on an appeal
			 requested pursuant to section 9 must be open to the public. Upon the motion of
			 a party, the hearing officer, in his or her discretion, may exclude from the
			 hearing room any witness in the matter not at the time under examination except
			 a party to the proceeding or his or her counsel.
2. The hearing officer shall determine the
			 evidence upon the charges and specifications as set forth by the Department in
			 the notice provided pursuant to section 8.
3. The technical rules of evidence do not
			 apply. All testimony and exhibits offered must be relevant and bear upon the
			 matter in contention. The hearing officer may exclude any testimony or exhibit
			 that he or she determines does not meet this criterion. The hearing officer
			 shall also consider the objection of either side to the introduction of
			 evidence, whether oral testimony or exhibit. When ruling on the objection, the
			 hearing officer shall primarily consider the competence and relevance of the
			 evidence at issue.
4. The hearing
			 officer shall base his or her decision on the weight of the evidence presented
			 at the hearing. Findings of fact, conclusions of law and decisions must be
			 based on substantial evidence.
5.
			 At the beginning of his or her testimony, each witness who has not previously
			 testified in the hearing shall state his or her name and business, employment
			 or position.
6. Any letter, paper
			 or object offered in evidence must be properly authenticated and, if received,
			 must be marked by the hearing reporter with a distinguishing number or letter,
			 such as "Department's Exhibit 1" or "Appellant's Exhibit A."
7. Testimony may be presented in statement or
			 question and answer form.
8. With
			 the approval of the hearing officer, the parties may stipulate as to any fact
			 at issue, either by a written stipulation introduced in evidence as an exhibit
			 or by oral statements shown upon the record. Any such stipulation is binding
			 upon all parties so stipulating and may be regarded by the hearing officer as
			 evidence at the hearing.
9. The
			 Department or an appellant may subpoena a witness to testify at a hearing. Such
			 a witness must receive the fees and mileage allowed by law to a witness in a
			 civil case.
10. The Department will
			 keep a record of the proceedings, but the record need not be transcribed unless
			 the decision is appealed or a transcript is requested by an interested party.
			 Any party who requests a transcript shall pay the cost of
			 transcription.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 11 - NEW

Current through June 11, 2024
1.
			 If a party fails to appear at a hearing scheduled by the hearing officer after
			 receiving a request pursuant to section 9 and no continuance has been granted:
(a) The hearing officer may hear the evidence
			 and proceed to consider the matter and dispose of it on the basis of the
			 evidence before the hearing officer; and
(b) The charges specified in the proposed
			 finding are presumed to be true.
Nevada Administrative Code › Chapter 439B - RESTRAINING COSTS OF HEALTH CARE › PETITION FOR DECLARATORY ORDER OR ADVISORY OPINION › Section 439B.Sec. 12 - NEW

Current through June 11, 2024
1.
			 The hearing officer shall render an order or decision with separately stated
			 findings of fact and conclusions of law after the completion of a hearing on an
			 appeal pursuant to section 10. A hearing is complete after the taking of
			 evidence, the filing of briefs or the presentation of such oral or written
			 arguments as may have been allowed by the hearing officer.
2. The decision of a hearing officer made
			 pursuant to the procedures set forth in sections 2 to 12, inclusive is a final
			 decision in a contested case. Any person aggrieved by such a decision is
			 entitled to judicial review of the decision pursuant to
			 NRS
			 233B.130.
Added to NAC by Dept of Health & Human by
				R121-20A,
				eff. 6/13/2022
NRS
				439B.685, as amended by section 16 of Senate
				Bill No. 380, chapter 547, Statutes of Nevada 2021, at page 3728, and 439B.695,
				as amended by section 18 of Senate Bill No. 380, chapter 547, Statutes of
				Nevada 2021, at page 3730
Nevada Administrative Code › Chapter 440 - Vital Statistics › Section 440.Sec. 1 - NEW

Current through June 11, 2024
1. A funeral director who is responsible for
		  obtaining and filing a certificate of death shall indicate the sex of the
		  deceased person on the certificate of death to match the gender identity or
		  expression of the deceased person, as provided by the informant, using the
		  following notations:
(a) "M" indicates
		  male;
(b) "F" indicates
		  female;
(c) "X" indicates
		  nonbinary; or
(d) "U" indicates
		  unknown.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.010 - "State Registrar" defined

Current through June 11, 2024
As used in this chapter, "State Registrar" has the meaning
				ascribed to it in
				NRS
				440.060. The term includes the State
				Registrar's appointed designees.
Bd. of Health, Births and
				Deaths Art. 1 § 1.2, eff. 7-3-76-(NAC A by R060-97, 1-30-98); A by
				R066-16A,
				eff. 11/2/2016
NRS
				440.120
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.020 - Severability

Current through June 11, 2024
If any provision of this chapter is declared unconstitutional
				or invalid for any reason, the remainder of those provisions are not affected
				thereby.
Bd. of Health, Births
				and Deaths Art. 14, eff. 7-3-76; A by
				R033-16A,
				eff. 11-2-2016; A by
				R066-16A,
				eff. 11/2/2016
NRS
				440.120
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.021 - Examination of certificate: Procedure; requirements; abbreviated form; definition

Current through June 11, 2024
1. A person who
			 wishes to examine a certificate must:
(a)
			 Identify his or her relationship to the person who is named on the
			 certificate;
(b) Specify the type
			 of information he or she wishes to obtain by examining the certificate;
			 and
(c) Pay any applicable
			 fees.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.0215 - Index of statistical information: Procedure for use; contents

Current through June 11, 2024
Except as otherwise provided in NAC
				440.022, the State Registrar or
				the State Registrar's designee may provide a data or statistical index that
				contains information from the vital statistics records that he or she maintains
				to a person who does not have a direct and tangible interest in that
				information if
1. The person who
			 requests the information:
(a) Submits evidence
			 that is satisfactory to the State Registrar or the State Registrar's designee
			 that the person is requesting the information for a legitimate public health
			 research purpose;
(b) Specifically
			 describes the type of information he or she is requesting; and
(c) Pays all applicable fees; and
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.022 - Furnishing of statistical information to agencies; requirement for confidentiality of information

Current through June 11, 2024
The State Registrar may furnish any governmental agency or
				covered entity, as defined in
				45
				C.F.R. §
									160.103, with any information
				contained in the vital statistics records the State Registrar maintains if the
				agency:
1. Is required by state or
			 federal law to maintain the confidentiality of the information;
2. Agrees in writing to maintain the
			 confidentiality of the information;
3. Is requesting the information for purposes
			 relating to research, epidemiology or legal proceedings or any other purpose
			 deemed by the State Registrar to be legitimate; and
4. Pays all applicable fees.
Added to NAC by Bd. of
				Health by R060-97, eff. 1-30-98; A by
				R066-16A,
				eff. 11/2/2016; A by
				R150-18A,
				eff. 1/30/2019
NRS
				440.175
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.023 - Alteration or correction of certificate: Request

Current through June 11, 2024
1. A
			 request to alter or correct information other than medical information on a
			 certificate of:
(a) Birth must originate with
			 the person whose birth is registered on the certificate or the person's parent,
			 guardian or legal representative.
(b) Death or fetal death must originate with
			 a funeral director from the funeral home listed on the certificate, a coroner
			 or medical examiner from the county listed on the certificate or a certifier or
			 informant listed on the certificate.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.026 - Alteration or correction of certificate: Filing of affidavit with State Registrar or local registrar

Current through June 11, 2024
1. A person who
			 requests that the State Registrar alter or correct a certificate of birth,
			 death or fetal death must prepare an affidavit in support of the request and
			 file it with the State Registrar if:
(a)
			 Except as otherwise authorized by NAC
			 440.040, the certificate has been
			 assigned a state file number; or
(b) The proposed alteration does not require
			 a court order.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.030 - Alteration or correction of certificate: Principal and supplementary affidavits

Current through June 11, 2024
1. An affidavit for
			 alteration or correction of a certificate must consist of two parts as follows:
(a) The first part must consist of an
			 affidavit in which the affiant sets forth the facts that are not correctly
			 stated on the certificate and also sets forth the changes necessary to correct
			 the certificate.
(b) The second
			 part must consist of other verifiable evidence corroborating the facts
			 contained in the principal affidavit , which may include, without limitation, a
			 supplementary affidavit if deemed appropriate by the State Registrar. Any
			 supplementary affidavit must be executed by a person other than the affiant of
			 the principal affidavit.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.035 - Alteration or correction of certificate: Changes which require court order

Current through June 11, 2024
The State Registrar shall not alter or correct any certificate
				assigned a state file number without an order from a court of competent
				jurisdiction if that proposed alteration:
1. Consists of the substitution of a
			 different name or of the name of a different person as surviving spouse of the
			 deceased or changes the name or marital status of the deceased on a death
			 certificate , unless verifiable evidence indicating that an error occurred is
			 submitted to the State Registrar;
2. Except as otherwise provided in paragraph
			 (c) of subsection 6 of
			 NRS
			 440.280, consists of the substitution of a
			 different name for :
(a) A child whose birth
			 is registered on the certificate and is proposed more than 1 year after the
			 date of the birth; or
(b) Either of
			 his or her parents ;
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.040 - Alteration or correction of certificate: Minor alterations

Current through June 11, 2024
1.
			 A funeral director, certifier or attending physician or advanced practice
			 registered nurse may alter or correct a certificate of birth, death or fetal
			 death without preparing an affidavit in support of the request if the original
			 certificate is still held by the State Registrar or a local registrar and has
			 not been assigned a state file number.
2. A coroner or medical examiner may alter or
			 correct a certificate of death or fetal death without preparing an affidavit in
			 support of the request if a state file number was issued before the coroner or
			 medical examiner conducted an investigation.
Bd. of Health, Births
				and Deaths Art. 3 §§ 3.3-3.6, eff. 7-3-76-NAC A 12-3-84; A by
				R066-16A,
				eff. 11/2/2016; A by
				R150-18A,
				eff. 1/30/2019
NRS
				440.120
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.050 - Preparation of new certificate to replace unusable certificate

Current through June 11, 2024
The State Registrar may require the preparation of a new
				certificate if any certificate is found to be illegible, nonpermanent or
				otherwise unusable.
Bd. of Health, Births
				and Deaths Art. 2, eff. 7-3-76
NRS
				  440.120
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.060 - Replacement certificates

Current through June 11, 2024
1. The State
			 Registrar may prepare a replacement certificate.
2. To the extent possible the information on
			 the certificate must be copied directly from the old certificate to the new
			 certificate. If information necessary to complete the replacement certificate
			 is not included on the original certificate, such information may be added by
			 altering or correcting the certificate in the manner prescribed by NAC
			 440.023 to
			 440.040, inclusive.
3. Except for the local registrar's
			 signature, the signatures required for the certificate must be typed or entered
			 in conformity with the signatures appearing on the original certificate. The
			 item labeled "Registrar Signature" must be signed by the State
			 Registrar.
4. The original
			 certificate must be retained for permanent filing.
5. The new certificate must be noted as a
			 replacement certificate for an original certificate on file.
6. If the original certificate was issued in
			 a foreign country and written in a language other than English, the replacement
			 certificate must be translated into English and accompanied by an affidavit
			 executed by the translator before a person who is authorized to administer
			 oaths attesting to the accuracy of the translation. The State Registrar shall
			 retain the original certificate and the translation.
Bd. of Health, Births
				and Deaths Art. 12, eff. 7-3-76; A by
				R066-16A,
				eff. 11/2/2016; A by
				R150-18A,
				eff. 1/30/2019; A by
				R111-22A,
				eff. 7/26/2023
NRS 440.120,
				  440.303
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.070 - Issuance of certified copies of certificates

Current through June 11, 2024
1. The district
			 health officer of Washoe County and the district health officer of Clark County
			 may issue a certified copy of a certificate of birth or death if the
			 certificate was originally filed with that district health office. The district
			 health officer shall issue a certified copy in the manner set forth in
			 NRS
			 440.650.
2. As used in
			 NRS
			 440.650, "direct and tangible interest" means
			 a:
(a) Direct relationship by blood or
			 marriage within the second degree of consanguinity to the person named on the
			 certificate;
(b) Legal relationship
			 to the person named on the certificate;
(c) Requirement imposed by law or otherwise
			 to facilitate legal process ; or
(d) Funeral director or his or her designee
			 from the funeral home who is listed on the death certificate within 180 days
			 after the date of registration of the death.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.075 - Statistical portion of certificate; quality and color of paper

Current through June 11, 2024
1. The statistical portion of a certificate
			 of birth, death or fetal death is for medical and health use only and must not
			 be reproduced as part of a certified copy.
2. A certified copy of a certificate of
			 birth, death or fetal death must be made on paper of the following quality:
(a) Banknote security paper; or
(b) Other security paper as determined by the
			 State Registrar.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.080 - Addition of child's name to birth certificate

Current through June 11, 2024
1. The form
			 known as "affidavit for correction of a record" must be used for a report of a
			 given name when the given name has been omitted on the original
			 certificate.
2. The affidavit for
			 correction of a record must be completed not later than 1 year after the birth
			 of the child in accordance with the procedures for alteration or correction of
			 a certificate now on file described in NAC
			 440.030.
3. If two parents are listed on a birth
			 certificate and neither parent is deceased or otherwise incapacitated, both
			 parents must submit separate affidavits agreeing to the addition of a given
			 name to the birth certificate before the given name may be added.
Bd. of Health, Births
				and Deaths Art. 4, eff. 7-3-76; A by
				R066-16A,
				eff. 11/2/2016; A by
				R150-18A,
				eff. 1/30/2019
NRS
				440.120
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.090 - Form for recording birth of foundling child

Current through June 11, 2024
The form to be used in recording the birth of a foundling child
				must be the standard certificate of birth. In such cases, the certificate must
				be completed in the manner directed by the State Registrar.
Bd. of Health, Births
				and Deaths Art. 5, eff. 7-3-76
NRS
				  440.120,
				  440.330
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.092 - Birth certificate for homebirth: "Homebirth" defined

Current through June 11, 2024
As used in NAC 440.092 to 440.098, inclusive, "homebirth" means
				the birth of a child outside of a hospital when the mother and child are not
				transported to a hospital within 8 hours thereafter.
Added to NAC
				by Bd. of Health by
				R066-16A,
				eff. 11/2/2016
NRS
				440.120
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.094 - Birth certificate for homebirth: Required documentary evidence; required determinations of State Registrar

Current through June 11, 2024
1. To file a birth
			 certificate for a homebirth, an applicant must provide documentary evidence
			 that:
(a) The child was born in this State;
			 and
(b) A birth certificate for
			 that child was not previously filed in this State or any other state or
			 country.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.095 - Birth certificate for homebirth: Determination of sufficiency of documentary evidence; requirements for documents submitted as evidence of homebirth

Current through June 11, 2024
1. The State Registrar shall determine
			 whether the documentary evidence submitted pursuant to subsection 2 of NAC
			 440.094 is sufficient to warrant the filing of a birth certificate for a
			 homebirth. The State Registrar may deem any documentary evidence as
			 insufficient and may conduct an independent investigation of a homebirth at any
			 time.
2. Any document submitted as
			 evidence of a homebirth must be authenticated as being an original document or
			 a copy of a verifiable document. The State Registrar may accept documents not
			 otherwise authenticated if accompanied by an affidavit submitted by the
			 applicant declaring the authenticity of the document or the applicant's belief
			 in the truth of its contents.
3.
			 Documents that show erasures or alterations must not be accepted as evidence of
			 a homebirth. Where an applicant for a birth certificate for a homebirth has
			 been unable to provide valid documentary evidence, a complete statement of the
			 facts and the reason for the absence of such evidence must be noted on the
			 record of birth of the child of the applicant.
Added to NAC
				by Bd. of Health by
				R066-16A,
				eff. 11/2/2016
NRS
				440.120
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.096 - Birth certificate for homebirth: Types of acceptable documentary evidence

Current through June 11, 2024
Pursuant to subsection 2 of NAC 440.094, the State Registrar
				may accept the following types of documentary evidence to establish:
1. Parentage:
(a) A current and valid photo identification;
			 and
(b) Two completed witness
			 information forms provided by the State Registrar.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.098 - Birth certificate for homebirth: Filing by midwife; access to Electronic Birth Registry System

Current through June 11, 2024
1. If a midwife
			 provides sufficient documentation of his or her certification as a midwife and
			 a current and valid state business registration, the State Registrar may grant
			 the midwife access to the Electronic Birth Registry System of this State to
			 file a birth certificate for a homebirth.
2. If sufficient documentation is not
			 provided pursuant to subsection 1, to file a birth certificate for a homebirth,
			 the documentary evidence required pursuant to subsection 2 of NAC 440.094 must
			 be submitted to the State Registrar either in person or by mail.
3. The types of documentation that the State
			 Registrar will accept from a midwife to establish access to the Electronic
			 Birth Registry System pursuant to subsection 1 include:
(a) A license, certification, registration,
			 permit or other authorization that grants the midwife the authority to engage
			 in a profession or occupation in this State;
(b) Certification from the American Midwifery
			 Certification Board;
(c)
			 Certification from the North American Registry of Midwives; or
(d) A certification of completion for any
			 other method of midwifery training or apprenticeship or from a school for
			 midwifery approved by the State Registrar.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.100 - Preparation of new birth certificate to delete illegitimacy notation

Current through June 11, 2024
In the case specified by
				NRS
				440.315, the information required for the new
				certificate must be obtained from the old certificate.
Bd. of Health, Births
				and Deaths Art. 6 § 6.2, eff. 7-3-76
NRS
				  440.120,
				  440.315
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.110 - Preparation of new birth certificate where child legitimated or paternity acknowledged

Current through June 11, 2024
1. In the case
			 specified by NRS
			 440.325, all information needed for the new
			 certificate except the name of the child and the information related to each
			 parent must be obtained from the original certificate.
2. The name of the child and the name, age
			 and state of birth of each parent must be obtained from the court order,
			 Declaration of Paternity or Declaration of Parentage form filed with the State
			 Registrar by the parent.
3. In
			 addition to the information required by subsection 2, each parent must provide
			 the State Registrar with proof of a current and valid photo
			 identification.
Bd. of Health, Births
				and Deaths Art. 6 § 6.3, eff. 7-3-76-NAC A by R046-99, 9-27-99; A by
				R066-16A,
				eff. 11/2/2016; A by
				R150-18A,
				eff. 1/30/2019; A by
				R111-22A,
				eff. 7/26/2023
NRS 440.120,
				  440.325
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.120 - Preparation of new birth certificate where child adopted

Current through June 11, 2024
1. In preparing a new certificate of birth
			 pursuant to NRS
			 440.310, the items specified by the certified
			 adoption decree and the certified report of adoption must be completed as
			 specified. Except as otherwise provided in subsection 2, if any of the
			 information needed to complete the new certificate is not specified by the
			 adoption decree or the report of adoption form, the information must be
			 transcribed directly from the original certificate.
2. The information needed to complete the
			 "Parent or Mother" and "Parent or Father" sections of the new certificate of
			 birth must be collected from the report of adoption form devised for that
			 purpose by the State Registrar or the equivalent officer of another
			 jurisdiction. If the report of adoption form does not contain the information
			 required to complete those sections of the new certificate, the information may
			 be obtained from the certified court order. Except for a last name obtained
			 through marriage or domestic partnership, the name of each parent on the report
			 of adoption form must be identical to that on the adoption decree.
Bd. of Health, Births
				and Deaths Art. 6 § 6.5, eff. 7-3-76; A 2-24-78; A by
				R066-16A,
				eff. 11/2/2016; A by
				R150-18A,
				eff. 1/30/2019; A by
				R111-22A,
				eff. 7/26/2023
NRS 440.120,
				  440.310
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.130 - Preparation of new birth certificates for persons having undergone sexual transformation (Repealed)

Current through June 11, 2024
Bd. of Health, Births
				and Deaths Art. 11, eff. 7-3-76; R by
				R066-16A,
				eff. 11/2/2016
NRS
				440.120,
				440.620
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.140 - Preparation of new birth certificate when ordered by court

Current through June 11, 2024
When the preparation of a new birth certificate is ordered by a
				court of competent jurisdiction, the items specified by the court order must be
				completed as specified. All other items must be transcribed directly from the
				original certificate.
Bd. of Health, Births
				and Deaths Art. 6 § 6.4, eff. 7-3-76
NRS
				  440.120,
				  440.305
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.150 - Preparation of new birth certificate: Signatures

Current through June 11, 2024
On any new birth certificate prepared by the State Registrar as
				specified in NAC
				440.100 to
				440.140, inclusive, and sections
				2 to 6, inclusive, the item labeled "Certifier Signature" must be typed or
				entered in conformity with the signature appearing on the original certificate
				and the item labeled "Registrar Signature" must be signed by the State
				Registrar.
Bd. of Health, Births
				and Deaths Art. 6 § 6.1, eff. 7-3-76; A by
				R066-16A,
				eff. 11/2/2016
NRS
				440.120,
				440.670
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.155 - Abstracted certificate of birth: Issuance; contents

Current through June 11, 2024
The State Registrar or a local registrar may issue an
				abstracted certificate of birth if the abstracted certificate contains only the
				following information:
1. Name of the
			 person whose birth is recorded on the certificate;
2. Date of the birth of the person whose
			 birth is recorded on the certificate;
3. State file number of the original
			 certificate;
4. Race or ethnicity
			 of the person whose birth is recorded on the certificate;
5. Sex of the person whose birth is recorded
			 on the certificate;
6. Date of
			 registration of the original certificate; and
7. Birthplace of the person whose birth is
			 recorded on the certificate.
Added to NAC by Bd. of
				Health by R060-97, eff. 1-30-98; A by
				R066-16A,
				eff. 11/2/2016
NRS
				440.120,
				440.380
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.158 - Pronouncement of death

Current through June 11, 2024
1. When the
			 cessation of the cardiovascular and respiratory functions of a person occurs,
			 and, when applicable, all resuscitative efforts are without success, a
			 physician licensed pursuant to chapter 630, 630A or 633 of NRS, or a physician
			 assistant or registered nurse authorized by a physician pursuant to
			 NRS
			 440.415, shall pronounce death.
2. A licensed emergency medical services
			 professional shall pronounce death in accordance with emergency medical
			 services protocol. If a death is reported to the coroner, the time of
			 pronouncement of death must be communicated to the coroner or his or her
			 designee.
3. The coroner or his or
			 her designee may pronounce death if no official pronouncement has been made
			 before his or her physical examination of the deceased.
Added to NAC
				by Bd. of Health by
				R066-16A,
				eff. 11/2/2016
NRS
				440.120,
				440.415
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.160 - Certification of cause of death

Current through June 11, 2024
1. Except as
			 otherwise provided in this section, a physician or advanced practice registered
			 nurse who pronounces a death pursuant to NAC
			 440.158, authorizes the
			 pronouncement of death pursuant to
			 NRS
			 440.415 or is required to complete a death
			 certificate by NAC
			 440.170 or
			 440.180 shall complete the
			 portions of the death certificate pertaining to the cause of death and the
			 certification of death within 24 hours after being assigned as the
			 certifier.
2. If the death did not
			 occur in a hospital or other institution and the death was attended by a
			 physician or advanced practice registered nurse who will not be available
			 within 24 hours after the death, the certificate must be presented or assigned
			 to an associate physician or advanced practice registered nurse who has access
			 to the attending physician's or advanced practice registered nurse's medical
			 files on the deceased. The associate physician or advanced practice registered
			 nurse shall complete and certify the death certificate within 24 hours after
			 such presentation or after being assigned as the certifier.
3. If the death occurred in a hospital or
			 other institution and the death was attended by a physician or advanced
			 practice registered nurse who will not be available within 24 hours after the
			 death, the certificate must be presented or assigned to the chief medical
			 officer of the institution or an associate physician or advanced practice
			 registered nurse who has access to the medical records of the deceased. The
			 chief medical officer or associate physician or advanced practice registered
			 nurse shall complete and certify the death certificate before the end of the
			 next business day after such presentation or after being assigned as the
			 certifier.
4. Any certificate
			 rejected for not containing a certification of cause of death, lack of
			 information or lack of certifier signature must be completed by the certifier
			 within 24 hours after such rejection.
Bd. of Health, Births
				and Deaths Art. 7, eff. 2-24-78; A by
				R066-16A,
				eff. 11/2/2016; A by
				R150-18A,
				eff. 1/30/2019; A by
				R111-22A,
				eff. 7/26/2023
NRS 440.120,
				  440.380
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.162 - Time for initiation of certificate of death or fetal death

Current through June 11, 2024
1. A person completing a certificate of death
			 or fetal death must initiate the certificate:
(a) If initiated by a certifier, not later
			 than 24 hours after the death occurred; or
(b) If initiated by a funeral director, not
			 later than 24 hours after the funeral director receives the dead
			 body.
Nevada Administrative Code › Chapter 440 - Vital Statistics › REGISTRATION OF BIRTHS AND DEATHS › Section 440.165 - Statement of the cause of death

Current through June 11, 2024
1. The statement of
			 the cause of death in a medical certificate of death is the certifier's best
			 medical opinion and must be:
(a) Written
			 legibly, when completed on a paper certificate; and
(b) Expressed clearly and
			 concisely.