USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 439 - ADMINISTRATION OF PUBLIC HEALTH
1. The State Board of Health shall adopt by regulation the types
of portable manual masks and face shields that are approved by the Board
to assist in the prevention of the spread of communicable diseases during
the administration of cardiopulmonary resuscitation. An approved mask or
face shield may not weigh more than 1 pound.
2. Except as otherwise provided in subsection 3, every employer
shall, without charge to the peace officer or firefighter, provide each
peace officer, whether or not he is on duty, and each firefighter who is
on duty, whether paid or voluntary, with:
(a) A portable manual mask and face shield approved by the Board;
and
(b) Initial training and instruction in the use of the equipment.
Ê The mask, shield and training must be provided not later than 30 days
after the first day of employment. The employer shall provide refresher
courses in the use of the equipment when necessary.
3. An employer may apply to the Health Division for a waiver of
the requirements of subsection 2 with regard to each peace officer or
firefighter who, in the normal course of his employment, is not likely
ever to administer cardiopulmonary resuscitation. The application must be
in writing, specify the reasons why the employee is not likely in the
normal course of his employment ever to administer cardiopulmonary
resuscitation and be sworn to by the employer or his authorized
representative. The Health Division shall grant or deny the waiver based
on the information contained in the application.
4. A waiver granted pursuant to subsection 3 expires upon any
change in the duties of the peace officer or firefighter which makes it
likely that he will administer cardiopulmonary resuscitation at some time
in the normal course of his employment. The date of the change in duties
shall be deemed to be the first day of employment for purposes of
subsection 2.
5. An injury or illness which results from the use of a mask or
shield by a peace officer or firefighter pursuant to subsection 2 may not
be considered as negligence or as causation in any civil action brought
against a peace officer or firefighter or his employer.
6. As used in this section:
(a) “Employer” means any person who employs or provides equipment
to a firefighter or peace officer, including the State of Nevada and its
political subdivisions.
(b) “Peace officer” means:
(1) Sheriffs of counties and of metropolitan police
departments and their deputies;
(2) Personnel of the Nevada Highway Patrol whose principal
duty is to enforce one or more laws of this State and any person promoted
from such a duty to a supervisory position related to such a duty; and
(3) Marshals and policemen of cities and towns.
(Added to NRS by 1989, 307; A 2001, 2615 ; 2005, 327 , 675 )
1. The State Board of Health shall define epilepsy for the
purposes of the reports hereinafter referred to in this section.
2. All physicians shall report immediately to the Health Division,
in writing, the name, age and address of every person diagnosed as a case
of epilepsy.
3. The Health Division shall report, in writing, to the Department
of Motor Vehicles the name, age and address of every person reported to
it as a case of epilepsy.
4. The reports are for the information of the Department of Motor
Vehicles and must be kept confidential and used solely to determine the
eligibility of any person to operate a vehicle on the streets and
highways of this State.
5. A violation of this section is a misdemeanor.
[1:269:1953] + [2:269:1953] + [3:269:1953] + [4:269:1953] +
[5:269:1953]—(NRS A 1957, 630; 1963, 941; 1985, 1990; 2001, 2615 )
DENTAL HEALTH
1. The Health Division shall appoint, with the consent of the
Director, a State Dental Health Officer, who is in the unclassified
service of the State. The State Dental Health Officer must:
(a) Be a resident of this State;
(b) Hold a current license to practice dentistry issued pursuant to
chapter 631 of NRS; and
(c) Be appointed on the basis of his education, training and
experience and his interest in public dental health and related programs.
2. The State Dental Health Officer shall:
(a) Determine the needs of the residents of this State for public
dental health;
(b) Provide the Health Division with advice regarding public dental
health;
(c) Make recommendations to the Health Division and the Legislature
regarding programs in this State for public dental health;
(d) Supervise the activities of the State Public Health Dental
Hygienist; and
(e) Seek such information and advice from a dental school of the
Nevada System of Higher Education as necessary to carry out his duties.
3. The State Dental Health Officer shall devote all of his time to
the business of his office and shall not pursue any other business or
vocation or hold any other office of profit.
4. The Health Division may solicit and accept gifts and grants to
pay the costs associated with oral health programs.
(Added to NRS by 2001, 2690 ; A 2005, 1569 ; 2005, 22nd Special Session, 54 )
1. The Health Division shall appoint, with the consent of the
Director, a State Public Health Dental Hygienist, who is in the
unclassified service of the State. The State Public Health Dental
Hygienist must:
(a) Be a resident of this State;
(b) Hold a current license to practice dental hygiene issued
pursuant to chapter 631 of NRS with a special
endorsement issued pursuant to NRS 631.287 ; and
(c) Be appointed on the basis of his education, training and
experience and his interest in public health dental hygiene and related
programs.
2. The State Public Health Dental Hygienist:
(a) Shall assist the State Dental Health Officer in carrying out
his duties; and
(b) May:
(1) Make recommendations to the Health Division regarding
programs in this State for public health dental hygiene; and
(2) Perform any acts authorized pursuant to NRS 631.287
.
3. The State Public Health Dental Hygienist shall devote all of
his time to the business of his office and shall not pursue any other
business or vocation or hold any other office of profit.
4. The Health Division may solicit and accept gifts and grants to
pay the costs associated with the position of State Public Health Dental
Hygienist.
(Added to NRS by 2001, 2690 ; A 2005, 1569 ; 2005, 22nd Special Session, 55 )
LOCAL ADMINISTRATION
County Board of Health and County Health Officer
1. Each county shall establish a county board of health to consist
of the board of county commissioners, the sheriff and the county health
officer.
2. The county health officer shall act as chairman of the county
board of health, and the county clerk shall be the clerk of the board.
3. All of the officers shall serve without additional compensation.
[27:199:1911; added 1919, 221; A 1947, 471; 1943 NCL § 5261]
1. On or before January 1 next following each general election,
the board of county commissioners shall appoint a county health officer
for the county.
2. The county health officer must be appointed on the basis of his
graduate education in public health, his training, his experience and his
interest in public health and related programs.
3. His term of office is 2 years or until his successor has been
appointed and qualified.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL §
5240]—(NRS A 1981, 603)
For performing
the duties prescribed by law, the county health officer shall receive
such compensation as is fixed by the board of county commissioners, which
compensation shall not be less than $25 per month. The board of county
commissioners is directed to allow a claim for $25 per month or for such
greater sum as the board may deem proper for the work performed.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL §
5240]
In the case of refusal or neglect of any board of county
commissioners to appoint a county health officer for 30 days after
January 1 next following any general election, or if a vacancy shall
exist in the office of county health officer for a period exceeding 30
days, the State Health Officer may make such appointment for the county
for that term and fix the compensation; and a county health officer so
appointed shall have the same duties, power and authority as though
appointed by the board of county commissioners.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL §
5240]—(NRS A 1963, 941)
The county health officer is
the executive officer of the county board of health and, if licensed to
practice medicine in this State, may be county physician.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL §
5240]—(NRS A 1981, 603)
1. With the approval of the board of county commissioners, the
county health officer is empowered to appoint such deputies as may be
necessary.
2. Deputies shall receive such compensation as is fixed by the
board of county commissioners.
3. Not later than the 5th day of each month, deputy health
officers shall file monthly reports with the county health officer. The
reports shall be compiled by the county health officer and forwarded to
the Health Division not later than the 10th day of each month.
[Part 6:199:1911; A 1913, 126; 1919, 221; 1919 RL § 2957; NCL §
5240]—(NRS A 1963, 941)
The county board of health shall be subject to the
supervision of the Health Division, and shall make such reports to the
Health Division as the State Board of Health may require.
[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891; NCL §
5262]—(NRS A 1963, 941)
The county board of
health shall:
1. Oversee all sanitary conditions of the county in which the
board is created.
2. Adopt such regulations as may be necessary for the prevention,
suppression and control of any contagious or infectious disease dangerous
to the public health, which regulations take effect immediately upon
approval by the State Board of Health.
3. File a copy of all of its adopted regulations with the county
clerk.
[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891; NCL §
5262]—(NRS A 1983, 1130)
The county board of
health may:
1. Abate nuisances in accordance with law.
2. Establish and maintain an isolation hospital or quarantine
station when necessary for the isolation or quarantine of a person or a
group of persons.
3. Restrain, quarantine and disinfect any person or group of
persons sick with or exposed to any contagious or infectious disease that
is dangerous to the public health.
4. Appoint quarantine officers when necessary to enforce a
quarantine, shall provide whatever medicines, disinfectants and
provisions which may be required, and shall arrange for the payment of
all debts or charges so incurred from any funds available, but each
patient shall, if he is able, pay for his food, medicine, clothes and
medical attendance.
5. Subject to the prior review and approval of the board of county
commissioners and except as otherwise provided in NRS 576.128 , adopt a schedule of reasonable fees to be
collected for issuing or renewing any health permit or license required
to be obtained from the board pursuant to a law of this state or an
ordinance adopted by any political subdivision of this state. Such fees
must be for the sole purpose of defraying the costs and expenses of the
procedures for issuing licenses and permits, and investigations related
thereto, and not for the purposes of general revenue.
[Part 28:199:1911; added 1919, 221; 1919 RL p. 2891; NCL §
5262]—(NRS A 1973, 1137; 1997, 1616, 3173; 1999, 649 ; 2003, 2195 )
District Board of Health and District Health Officer in Counties Whose
Population is 400,000 or More
The provisions of NRS 439.361 to 439.368 ,
inclusive, apply to a county whose population is 400,000 or more.
(Added to NRS by 2005, 2464 )
1. A health district with a health department consisting of a
district health officer and a district board of health is hereby created.
2. The district board of health consists of:
(a) Representatives selected by the following entities from among
their elected members:
(1) Two representatives of the board of county commissioners;
(2) Two representatives of the governing body of the largest
incorporated city in the county; and
(3) One representative of the governing body of each other
city in the county; and
(b) The following representatives, selected by the elected
representatives of the district board of health selected pursuant to
paragraph (a), who shall represent the health district at large and who
must be selected based on their qualifications without regard to the
location within the health district of their residence or their place of
employment:
(1) Two representatives who are physicians licensed to
practice medicine in this State, one of whom is selected on the basis of
his education, training, experience or demonstrated abilities in the
provision of health care services to members of minority groups and other
medically underserved populations;
(2) One representative who is a nurse licensed to practice
nursing in this State;
(3) One representative who has a background or expertise in
environmental health or environmental health services; and
(4) One representative of a business or from an industry
that is subject to regulation by the health district.
3. Members of the district board of health serve terms of 2 years.
Vacancies must be filled in the same manner as the original selection for
the remainder of the unexpired term. Members serve without additional
compensation for their services, but are entitled to reimbursement for
necessary expenses for attending meetings or otherwise engaging in the
business of the board.
4. The district board of health shall meet in July of each year to
organize and elect one of its members as chairman of the board.
5. The county treasurer is the treasurer of the district board of
health. The treasurer shall:
(a) Keep permanent accounts of all money received by, disbursed for
and on behalf of the district board of health; and
(b) Administer the health district fund created by the board of
county commissioners pursuant to NRS 439.363 .
6. The district board of health shall maintain records of all of
its proceedings and minutes of all meetings, which must be open to
inspection.
7. No county, city or town board of health may be created in the
county. Any county, city or town board of health in existence when the
district board of health is created must be abolished.
(Added to NRS by 2005, 2464 )
1. The board of county commissioners shall create a health
district fund in the county treasury.
2. The money in the fund may only be used to provide funding for
the health district.
(Added to NRS by 2005, 2465 )
1. The district board of health may meet at such times and in such
locations as the board determines by resolution.
2. Special meetings may be held upon notice to each member of the
district board of health as often as and in such places within the county
as the needs of the board require.
3. A majority of the members of the district board of health
constitutes a quorum.
4. The district board of health shall adopt written policies and
procedures for administering the board and maintaining its programs,
projects and activities.
(Added to NRS by 2005, 2465 )
1. The district board of health shall prepare an annual operating
budget for the health district. The district board of health shall submit
the budget to the board of county commissioners before April 1 for
funding for the following fiscal year. The budget must be adopted by the
board of county commissioners as part of the annual county budget.
2. The board of county commissioners shall annually allocate for
the support of the health district an amount that does not exceed an
amount calculated by multiplying the assessed valuation of all taxable
property in the county by the rate of 3.5 cents on each $100 of assessed
valuation. The amount allocated pursuant to this subsection must be
transferred from the county general fund to the health district fund
created by the board of county commissioners pursuant to NRS 439.363
.
(Added to NRS by 2005, 2465 )
1. The district board of health has the powers, duties and
authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public
health matters in the health district.
3. In addition to any other powers, duties and authority conferred
on a district board of health by this section, the district board of
health may by affirmative vote of a majority of all the members of the
board adopt regulations consistent with law, which must take effect
immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of
the public health;
(c) Provide for the sanitary protection of water and food supplies;
(d) Protect and promote the public health generally in the
geographical area subject to the jurisdiction of the health district; and
(e) Improve the quality of health care services for members of
minority groups and medically underserved populations.
4. Before the adoption, amendment or repeal of a regulation, the
district board of health must give at least 30 days’ notice of its
intended action. The notice must:
(a) Include a statement of either the terms or substance of the
proposal or a description of the subjects and issues involved, and of the
time when, the place where and the manner in which interested persons may
present their views thereon;
(b) State each address at which the text of the proposal may be
inspected and copied; and
(c) Be mailed to all persons who have requested in writing that
they be placed on a mailing list, which must be kept by the board for
such purpose.
5. All interested persons must be afforded a reasonable
opportunity to submit data, views or arguments, orally or in writing, on
the intended action to adopt, amend or repeal the regulation. With
respect to substantive regulations, the district board of health shall
set a time and place for an oral public hearing, but if no one appears
who will be directly affected by the proposal and requests an oral
hearing, the district board of health may proceed immediately to act upon
any written submissions. The district board of health shall consider
fully all written and oral submissions respecting the proposal.
6. The district board of health shall file a copy of all of its
adopted regulations with the county clerk.
(Added to NRS by 2005, 2466 )
1. The district board of health may:
(a) Receive and disburse federal money;
(b) Submit project applications and programs of projects to federal
agencies; and
(c) Enter into formal agreements with federal agencies concerning
projects and programs.
2. The district board of health may accept and disburse
contributions from private sources, the State, the county, and the cities
and towns within the jurisdiction of the board to match federal money for
any project or program. All such contributions must be deposited with the
county treasurer to the credit of the health district fund created by the
board of county commissioners pursuant to NRS 439.363 .
(Added to NRS by 2005, 2466 )
1. The district board of health shall appoint a district health
officer for the health district who shall have full authority as a county
health officer in the health district.
2. The district health officer must:
(a) Be licensed to practice medicine or osteopathic medicine in
this State; and
(b) Have at least the following additional education and experience:
(1) A master’s degree in public health, health care
administration, public administration, business administration or a
related field; and
(2) Ten years of management experience in an administrative
position in a local, state or national public health department, program,
organization or agency.
3. The district health officer is entitled to receive a salary
fixed by the district board of health and serves at the pleasure of the
board.
4. Any clinical program of a district board of health which
requires medical assessment must be carried out under the direction of a
physician.
(Added to NRS by 2005, 2465 )
District Board of Health and District Health Officer in Counties Whose
Population is Less Than 400,000
The provisions of NRS 439.369 to 439.410 ,
inclusive, apply to a county whose population is less than 400,000.
(Added to NRS by 2005, 2464 )
By affirmative vote of:
1. The boards of county commissioners of two or more adjacent
counties;
2. The governing bodies of two or more cities or towns within any
county; or
3. The board of county commissioners and the governing body or
bodies of any incorporated city or cities, town or towns, in such county,
Ê and with the approval of the State Board of Health, there may be
created a health district with a health department consisting of a
district health officer and a district board of health.
[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A
1959, 104)
When any county and one or more
incorporated cities within the county establish a district board of
health, the county board of health and the board of health of the city or
cities must be abolished, and the district board of health must be given
the same powers, duties and authority that county board of health had
before the establishment of the district board of health.
[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A
1959, 104; 1987, 1723)
When two or more adjacent counties
establish a district board of health, all county boards of health in such
district shall thereupon be abolished.
(Added to NRS by 1959, 103)
When two or more cities or towns establish
a district board of health, all city and town boards of health in such
district shall thereupon be abolished.
(Added to NRS by 1959, 103)
1. A district board of health must consist of two members from
each county, city or town which participated in establishing the
district, to be appointed by the governing body of the county, city or
town in which they reside, together with one additional member to be
chosen by the members so appointed.
2. The additional member must be a physician licensed to practice
medicine in this State.
3. If the appointive members of the district board of health fail
to choose the additional member within 30 days after the organization of
the district health department, he may be appointed by the State Health
Officer.
[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A
1959, 104; 1963, 941; 1991, 1379)
1. The district board of health shall appoint a district health
officer for the district.
2. The district health officer must be appointed on the basis of
his graduate education in public health, his training, his experience and
his interest in public health and related programs.
3. The district health officer has full authority as a county
health officer in the health district.
4. Any clinical program of a district board of health which
requires medical assessment must be carried out under the direction of a
physician.
5. The district health officer is entitled to receive a salary
fixed by the district board of health and serves at the pleasure of that
board.
[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A
1959, 104; 1981, 603)
1. The district board of health has the powers, duties and
authority of a county board of health in the health district.
2. The district health department has jurisdiction over all public
health matters in the health district, except in matters concerning
emergency medical services pursuant to the provisions of chapter 450B
of NRS.
3. In addition to any other powers, duties and authority conferred
on a district board of health by this section, the district board of
health may by affirmative vote of a majority of all the members of the
board adopt regulations consistent with law, which must take effect
immediately on their approval by the State Board of Health, to:
(a) Prevent and control nuisances;
(b) Regulate sanitation and sanitary practices in the interests of
the public health;
(c) Provide for the sanitary protection of water and food supplies;
and
(d) Protect and promote the public health generally in the
geographical area subject to the jurisdiction of the health district.
4. Before the adoption, amendment or repeal of a regulation, the
district board of health must give at least 30 days’ notice of its
intended action. The notice must:
(a) Include a statement of either the terms or substance of the
proposal or a description of the subjects and issues involved, and of the
time when, the place where and the manner in which interested persons may
present their views thereon.
(b) State each address at which the text of the proposal may be
inspected and copied.
(c) Be mailed to all persons who have requested in writing that
they be placed on a mailing list, which must be kept by the district
board for such purpose.
5. All interested persons must be afforded a reasonable
opportunity to submit data, views or arguments, orally or in writing, on
the intended action to adopt, amend or repeal the regulation. With
respect to substantive regulations, the district board shall set a time
and place for an oral public hearing, but if no one appears who will be
directly affected by the proposal and requests an oral hearing, the
district board may proceed immediately to act upon any written
submissions. The district board shall consider fully all written and oral
submissions respecting the proposal.
6. Each district board of health shall file a copy of all of its
adopted regulations with the county clerk of each county in which it has
jurisdiction.
[Part 35:199:1911; added 1939, 297; 1931 NCL § 5268.01]—(NRS A
1959, 104; 1973, 314; 1979, 161; 1983, 330; 1995, 2546; 2005, 2467 )
City Board of Health and City Health Officer
1. Every city of population categories one and two shall provide
by ordinance for the establishment of a board of health.
2. A city of population category three may provide by ordinance
for the establishment of a board of health.
[Part 29:199:1911; added 1919, 221; 1919 RL p. 2892; NCL §
5263]—(NRS A 2001, 635 )
1. The city board of health shall be composed of three members
appointed by the mayor, at least one of whom may be learned in sanitary
science and public health practice and experienced in the diagnosis of
infectious diseases, in which case he shall be the city health officer
and the executive officer of the city board of health.
2. If no member, or if more than one member, is experienced in the
diagnosis of infectious diseases and learned in sanitary science, the
city board of health shall appoint the city health officer.
3. The compensation of the city health officer shall be prescribed
by the city council and the compensation, together with his necessary
expenses, shall be paid by the municipality in which he serves.
[Part 29:199:1911; added 1919, 221; 1919 RL p. 2892; NCL § 5263]
The governing authorities of any incorporated city may
abolish the offices of the city board of health and the office of the
city health officer for such city and thereby signify the city’s consent
to be included in a county or district health department. The powers and
duties of the city board of health and the city health officer shall
devolve upon the county or district health department.
[Part 36:199:1911; added 1939, 297; 1931 NCL § 5268.02]
The governing
authorities of any incorporated city which has consented to be included
in a county or district health department may, after a period of 3 years
following such inclusion, provide by resolution for withdrawal therefrom
and for the reestablishment of a city health department for the city.
[Part 36:199:1911; added 1939, 297; 1931 NCL § 5268.02]
The city board of
health shall:
1. Oversee all sanitary conditions of the city in which the board
is created.
2. Adopt such regulations as may be necessary for the prevention,
suppression and control of any contagious or infectious disease dangerous
to the public health, which regulations take effect immediately upon
approval by the State Board of Health.
3. File a copy of all of its adopted regulations with the city
clerk.
[Part 30:199:1911; added 1919, 221; 1919 RL p. 2892; NCL §
5264]—(NRS A 1983, 1130)
The city board of
health may:
1. Abate nuisances in accordance with law.
2. Establish a temporary isolation hospital or quarantine station
when an emergency demands the isolation or quarantine of a person or a
group of persons.
3. Restrain, quarantine and disinfect any person or a group of
persons sick with or exposed to any contagious or infectious disease
which is dangerous to the public health.
4. Appoint quarantine officers when necessary to enforce a
quarantine, and shall provide whatever medicines, disinfectants and
provisions which may be required. The city council shall pay all debts or
charges so incurred, but each patient shall, if able, pay for his food,
medicine, clothes and medical attendance.
5. Subject to the prior review and approval of the governing body
of the city and except as otherwise provided in NRS 576.128 , adopt a schedule of reasonable fees to be
collected for issuing or renewing any health permit or license required
to be obtained from such board pursuant to state law or an ordinance
adopted by any political subdivision. Such fees must be for the sole
purpose of defraying the costs and expenses of the procedures for issuing
licenses and permits, and investigations related thereto, and not for the
purposes of general revenue.
[Part 30:199:1911; added 1919, 221; 1919 RL p. 2892; NCL §
5264]—(NRS A 1973, 1137; 1997, 3173; 2003, 2195 )
Local Health Regulations
The
county health officer has supervision over all matters pertaining to the
preservation of the lives and health of the people of his county, except
incorporated cities of population categories one and two having a health
officer appointed pursuant to the provisions of this chapter, which are
under the jurisdiction of the city health officer, subject to the
supervision and control of the Health Division.
[Part 31:199:1911; added 1919, 221; 1919 RL p. 2892; NCL §
5265]—(NRS A 1963, 942; 2001, 635 )
Every health
officer shall have authority to order the abatement or removal of any
nuisance detrimental to the public health in accordance with the laws
relating to such matters.
[Part 31:199:1911; added 1919, 221; 1919 RL p. 2892; NCL § 5265]
ARTHRITIS PREVENTION AND CONTROL PROGRAM
1. Within the limitations of available funding, the Health
Division shall establish the Arthritis Prevention and Control Program to
increase public knowledge and raise public awareness relating to
arthritis and to educate persons with arthritis, their families, health
care professionals, providers of health care and the public on matters
relating to arthritis, including, without limitation:
(a) The causes and nature of arthritis;
(b) The factors that increase the risk of a person developing
arthritis and the importance of early diagnosis of arthritis;
(c) The appropriate treatment of arthritis;
(d) Effective strategies to prevent or delay the development of
arthritis;
(e) The prevention and management of pain caused by arthritis; and
(f) Effective interventions to reduce disability and improve the
quality of life of persons with arthritis.
2. The Arthritis Prevention and Control Program must be
established in accordance with the objectives set forth in the National
Arthritis Action Plan established by the Arthritis Foundation, the
Centers for Disease Control and Prevention, and the Association of State
and Territorial Health Officials.
(Added to NRS by 2003, 1343 )
1. Within the limitations of available funding, the Health
Division shall establish the Advisory Committee on the Arthritis
Prevention and Control Program established pursuant to NRS 439.501 to make recommendations to the Health Division
concerning the Arthritis Prevention and Control Program.
2. The Administrator shall:
(a) Solicit recommendations for the appointment of members to the
Advisory Committee on the Arthritis Prevention and Control Program from
organizations that are representative of a broad range of persons with
arthritis and organizations interested in the issues affecting persons
with arthritis; and
(b) Appoint to the Advisory Committee such members as he deems
appropriate, including, without limitation, one or more persons who are
representative of:
(1) Persons with arthritis;
(2) Public health care professionals and educators;
(3) Medical experts on arthritis;
(4) Providers of health care who provide services related to
arthritis;
(5) Persons knowledgeable in promoting and educating the
public on health issues; and
(6) National arthritis and other public health organizations
and their local or state chapters.
3. After the initial term, the term of each member is 2 years. A
member may be reappointed.
4. Members of the Advisory Committee serve without compensation,
except that each member is entitled, while engaged in the business of the
Advisory Committee and within the limitations of available funding, to
the per diem allowance and travel expenses provided for state officers
and employees generally.
5. A majority of the members of the Advisory Committee constitutes
a quorum for the transaction of business, and a majority of a quorum
present at any meeting is sufficient for any official action taken by the
Advisory Committee.
6. The Advisory Committee shall:
(a) At its first meeting and annually thereafter, elect a Chair
from among its members; and
(b) Meet at the call of the Administrator, the Chair or a majority
of its members quarterly or as is necessary, within the budget of the
Advisory Committee, to provide the Administrator with appropriate
assistance to carry out the Arthritis Prevention and Control Program.
(Added to NRS by 2003, 1344 )
To carry out the purposes
of the Arthritis Prevention and Control Program established pursuant to
NRS 439.501 , the Health Division shall,
within the limitations of available funding:
1. Establish a solid scientific database of the most current
information on the prevention of arthritis and related disabilities using
information obtained through surveillance, epidemiology and research
relating to the prevention of arthritis, and use the database in carrying
out the Program;
2. Provide educational materials and information on research
concerning matters relating to arthritis to persons with arthritis, their
families, health care professionals, providers of health care and the
public, including, without limitation, materials and information
concerning programs and services available to the public and strategies
for the prevention and control of arthritis;
3. Identify and use educational and training resources and
services developed by organizations with appropriate expertise in and
knowledge of arthritis, including, without limitation, any available
technical assistance;
4. Increase awareness about the prevention, detection and
treatment of arthritis among state and local governmental officials who
are responsible for matters relating to public health, health care
professionals, providers of health care and policymakers;
5. Coordinate state and local programs and services to reduce the
public health burdens that result from arthritis;
6. Work to improve the quality of life of persons with arthritis
and their families while containing the costs of health care services by
providing lasting improvements in the delivery of health care services to
persons with arthritis;
7. Work with other governmental agencies, national health
organizations and their local and state chapters, community and business
leaders, community organizations and providers of health care and other
persons who provide services to persons with arthritis to:
(a) Coordinate the work of the Program with the work of these
agencies, organizations and persons; and
(b) Maximize the resources of state and local governments in the
efforts toward educating the public about arthritis, including, without
limitation, preventing, detecting, managing the pain caused by, and
treating arthritis;
8. Provide sufficient staff from the Health Division and provide
the appropriate training and education for the staff to administer the
Program;
9. Evaluate the need to improve the quality and accessibility of
arthritis services that exist in communities in this state; and
10. Conduct an assessment of the services provided for persons
with arthritis in this state and the public awareness in this state of
issues concerning arthritis, including, without limitation:
(a) Any epidemiological and other research concerning arthritis
being conducted in this state;
(b) Any available technical assistance and educational materials
and programs concerning arthritis that are available nationwide or within
this state;
(c) The level of public awareness and awareness of health care
professionals and providers of health care concerning the prevention,
detection and treatment of arthritis;
(d) The needs of persons with arthritis and their families or
caregivers;
(e) The educational and other needs of providers of health care who
provide services to persons with arthritis;
(f) The services and education available to persons with arthritis,
including, without limitation, services for the treatment and management
of arthritis;
(g) Any programs or services that improve the quality of life,
lower health care costs and expand the physical capabilities of those
affected by arthritis; and
(h) The existence of services for the rehabilitation of persons
with arthritis.
(Added to NRS by 2003, 1344 )
1. The Health Division may:
(a) Within the limitations of available funding, enter into
contracts for any services necessary to carry out or assist the Health
Division in carrying out NRS 439.501 to
439.507 , inclusive, with public or
private entities that have the appropriate expertise to provide such
services;
(b) Apply for and accept any gift, donation, bequest, grant or
other source of money to carry out the provisions of NRS 439.501 to 439.507 ,
inclusive; and
(c) Apply for any waiver from the Federal Government that may be
necessary to maximize the amount of money this state may obtain from the
Federal Government to carry out the provisions of NRS 439.501 to 439.507 ,
inclusive.
2. Any money that is appropriated to carry out the provisions of
NRS 439.501 to 439.507 , inclusive:
(a) Must be deposited in the State Treasury and accounted for
separately in the State General Fund; and
(b) May only be used to carry out those provisions.
3. The Administrator shall administer the account. Any interest or
income earned on the money in the account must be credited to the
account. Any claims against the account must be paid as other claims
against the State are paid.
(Added to NRS by 2003, 1346 )
STATEWIDE PROGRAM FOR SUICIDE PREVENTION
1. There is hereby created within the office of the Director a
Statewide Program for Suicide Prevention. The Department shall implement
the Statewide Program for Suicide Prevention, which must, without
limitation:
(a) Create public awareness for issues relating to suicide
prevention;
(b) Build community networks; and
(c) Carry out training programs for suicide prevention for law
enforcement personnel, providers of health care, school employees and
other persons who have contact with persons at risk of suicide.
2. The Director shall employ a Coordinator of the Statewide
Program for Suicide Prevention. The Coordinator:
(a) Must have at least the following education and experience:
(1) A bachelor’s degree in social work, psychology,
sociology, counseling or a closely related field and 5 years or more of
work experience in behavioral health or a closely related field; or
(2) A master’s degree or a doctoral degree in social work,
psychology, sociology, counseling, public health or a closely related
field and 2 years or more of work experience in behavioral health or a
closely related field.
(b) Should have as many of the following characteristics as
possible:
(1) Significant professional experience in social services,
mental health or a closely related field;
(2) Knowledge of group behavior and dynamics, methods of
facilitation, community development, behavioral health treatment and
prevention programs, and community-based behavioral health problems;
(3) Experience in working with diverse community groups and
constituents; and
(4) Experience in writing grants and technical reports.
3. The Coordinator shall:
(a) Provide educational activities to the general public relating
to suicide prevention;
(b) Provide training to persons who, as part of their usual
routine, have face-to-face contact with persons who may be at risk of
suicide, including, without limitation, training to recognize persons at
risk of suicide and providing information on how to refer those persons
for treatment or supporting services, as appropriate;
(c) Develop and carry out public awareness and media campaigns in
each county targeting groups of persons who are at risk of suicide;
(d) Enhance crisis services relating to suicide prevention;
(e) Link persons trained in the assessment of and intervention in
suicide with schools, public community centers, nursing homes and other
facilities serving persons most at risk of suicide;
(f) Coordinate the establishment of local advisory groups in each
county to support the efforts of the Statewide Program;
(g) Work with groups advocating suicide prevention, community
coalitions, managers of existing crisis hotlines that are nationally
accredited or certified, and staff members of mental health agencies in
this State to identify and address the barriers that interfere with
providing services to groups of persons who are at risk of suicide,
including, without limitation, elderly persons, Native Americans, youths
and residents of rural communities;
(h) Develop and maintain an Internet or network site with links to
appropriate resource documents, suicide hotlines that are nationally
accredited or certified, licensed professional personnel, state and local
mental health agencies and appropriate national organizations;
(i) Review current research on data collection for factors related
to suicide and develop recommendations for improved systems of
surveillance and uniform collection of data;
(j) Develop and submit proposals for funding from agencies of the
Federal Government and nongovernmental organizations; and
(k) Oversee and provide technical assistance to the person employed
to act as a trainer for suicide prevention pursuant to NRS 439.513 .
4. As used in this section:
(a) “Internet or network site” means any identifiable site on the
Internet or on a network and includes, without limitation:
(1) A website or other similar site on the World Wide Web;
(2) A site that is identifiable through a Uniform Resource
Locator; and
(3) A site on a network that is owned, operated,
administered or controlled by a provider of Internet service.
(b) “Systems of surveillance” means systems pursuant to which the
health conditions of the general public are regularly monitored through
systematic collection, evaluation and reporting of measurable information
to identify and understand trends relating to suicide.
(Added to NRS by 2003, 2652 )
1. The Coordinator of the Statewide Program for Suicide Prevention
shall employ a person to act as a trainer for suicide prevention and
facilitator for networking for Southern Nevada.
2. The trainer for suicide prevention:
(a) Must have at least the following education and experience:
(1) Three years or more of experience in providing education
and training relating to suicide prevention to diverse community groups;
or
(2) A bachelor’s degree, master’s degree or doctoral degree
in social work, public health, psychology, sociology, counseling or a
closely related field and 2 years or more of experience in providing
education and training relating to suicide prevention.
(b) Should have as many of the following characteristics as
possible:
(1) Significant knowledge and experience relating to suicide
and suicide prevention;
(2) Knowledge of methods of facilitation, networking and
community-based suicide prevention programs;
(3) Experience in working with diverse community groups and
constituents; and
(4) Experience in providing suicide awareness information
and suicide prevention training.
3. The trainer for suicide prevention must be based in a county
whose population is 400,000 or more.
4. The trainer for suicide prevention shall:
(a) Assist the Coordinator of the Statewide Program for Suicide
Prevention in disseminating and carrying out the Statewide Program in the
county in which the trainer for suicide prevention is based;
(b) Provide information and training relating to suicide prevention
to emergency medical personnel, providers of health care, mental health
agencies, social service agencies, churches, public health clinics,
school districts, law enforcement agencies and other similar community
organizations in the county in which the trainer for suicide prevention
is based;
(c) Assist the Coordinator of the Statewide Program for Suicide
Prevention in developing and carrying out public awareness and media
campaigns targeting groups of persons who are at risk of suicide in the
county in which the trainer for suicide prevention is based;
(d) Assist in developing a network of community-based programs for
suicide prevention in the county in which the trainer for suicide
prevention is based, including, without limitation, establishing one or
more local advisory groups for suicide prevention; and
(e) Facilitate the sharing of information and the building of
consensuses among multiple constituent groups in the county in which the
trainer for suicide prevention is based, including, without limitation,
public agencies, community organizations, advocacy groups for suicide
prevention, mental health providers and representatives of the various
groups that are at risk for suicide.
(Added to NRS by 2003, 2653 )
STATE PROGRAM FOR FITNESS AND WELLNESS
As used in NRS 439.514 to 439.525 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 439.515 and 439.516
have the meanings ascribed to them in
those sections.
(Added to NRS by 2005, 232 )
“Advisory Council” means
the Advisory Council on the State Program for Fitness and Wellness.
(Added to NRS by 2005, 232 )
“Program” means the State Program
for Fitness and Wellness.
(Added to NRS by 2005, 232 )
Within the limits of available money,
the Health Division shall establish the State Program for Fitness and
Wellness to increase public knowledge and raise public awareness relating
to physical fitness and wellness and to educate the residents of this
State on matters relating to physical fitness and wellness, including,
without limitation:
1. Programs for physical fitness;
2. Nutrition; and
3. The prevention of obesity, chronic diseases and other diseases.
(Added to NRS by 2005, 232 )
1. Within the limits of available money, the Health Division shall
establish the Advisory Council on the State Program for Fitness and
Wellness to advise and make recommendations to the Health Division
concerning the Program.
2. The Administrator shall appoint to the Advisory Council the
following seven members:
(a) The State Health Officer or his designee;
(b) The Superintendent of Public Instruction or his designee;
(c) One representative of the health insurance industry;
(d) One provider of health care;
(e) One representative of the Nevada Association for Health,
Physical Education, Recreation and Dance or its successor organization;
(f) One representative of an organization committed to the
prevention of chronic diseases; and
(g) One registered dietician.
(Added to NRS by 2005, 233 )
1. The members of the Advisory Council serve terms of 2 years. A
member may be reappointed.
2. The State Health Officer or his designee shall serve as the
Chairman of the Advisory Council.
3. The Health Division shall, within the limits of available
money, provide the necessary professional staff and a secretary for the
Advisory Council.
4. A majority of the members of the Advisory Council constitutes a
quorum to transact all business, and a majority of those present,
physically or via telecommunications, must concur in any decision.
5. The Advisory Council shall, within the limits of available
money, meet at the call of the Administrator, the Chairman or a majority
of the members of the Advisory Council quarterly or as is necessary.
6. The members of the Advisory Council serve without compensation,
except that each member is entitled, while engaged in the business of the
Advisory Council and within the limits of available money, to the per
diem allowance and travel expenses provided for state officers and
employees generally.
(Added to NRS by 2005, 233 )
To carry out the
provisions of NRS 439.514 to 439.525
, inclusive, the Health Division shall,
within the limits of available money, and with the advice and
recommendations of the Advisory Council:
1. Establish a solid scientific database of the most current
information on physical fitness, nutrition and the prevention of obesity,
chronic diseases and other diseases, using information obtained through
surveillance, epidemiology and research, and use the database in carrying
out the Program.
2. Identify and review, in coordination with the Department of
Education, existing programs related to nutrition and physical fitness,
including, without limitation, programs of state and local governments,
educational institutions, businesses and the general public.
3. Encourage local community efforts to increase opportunities for
physical fitness.
4. Develop and coordinate a model program for proper nutrition,
physical fitness and health for implementation by state employees and
agencies.
5. Develop and coordinate, in cooperation with the Department of
Education, recommendations for model programs to encourage proper
nutrition, physical fitness and health in the schools of this State,
including, without limitation, physical fitness testing which can be
administered through the schools.
6. Develop and coordinate recommendations for model programs that
would encourage proper nutrition, physical fitness and health among the
residents of this State, including, without limitation, parents and
children, senior citizens and persons with special needs.
7. Assist on projects within this State as requested by, and in
coordination with, the President’s Council on Physical Fitness and Sports.
8. Identify and review methods for reducing health care costs
associated with obesity, chronic diseases and other diseases.
9. Identify and review methods for increasing the effectiveness
and efficiency of the workforce of this State.
10. Maintain a website to provide information on nutrition,
physical fitness, health, wellness and the prevention of obesity and
chronic diseases.
11. Provide educational materials and information on research
concerning matters relating to physical fitness, wellness, and the
prevention of obesity, chronic diseases and other diseases, including,
without limitation, materials and information concerning programs and
services available to the public and strategies for achieving and
maintaining physical fitness and preventing obesity, chronic diseases and
other diseases.
12. Solicit information from and, to the extent feasible,
coordinate its efforts with:
(a) Other governmental agencies;
(b) National health organizations and their local and state
chapters;
(c) Community and business leaders;
(d) Community organizations;
(e) Providers of health care;
(f) Private schools; and
(g) Other persons who provide services relating to physical fitness
and wellness and the prevention of obesity, chronic diseases and other
diseases.
(Added to NRS by 2005, 233 )
The Health Division may, within the
limits of available money, hold public hearings at such times and places
as it determines necessary to provide the general public and
representatives of governmental agencies and organizations interested in
the Program or issues affecting physical fitness and wellness an
opportunity to present relevant information and recommendations.
(Added to NRS by 2005, 234 )
The Health Division may, within the limits of available money, enter
into contracts with public or private entities that have the appropriate
expertise to provide any services necessary to carry out or assist the
Health Division in carrying out the provisions of NRS 439.514 to 439.525 ,
inclusive.
(Added to NRS by 2005, 234 )
The Health Division shall, on or before January 1 of each
year, prepare and submit a report to the Governor and to the Director of
the Legislative Counsel Bureau for transmittal to the Legislature
summarizing:
1. The findings and recommendations of the Advisory Council; and
2. The status of the Program.
(Added to NRS by 2005, 234 )
1. The Health Division may apply for and accept any available
gift, donation, bequest, grant or other source of money to carry out the
provisions of NRS 439.514 to 439.525
, inclusive.
2. Any money that is accepted by the Health Division pursuant to
subsection 1 must be deposited in the State Treasury and accounted for
separately in the State General Fund.
3. Except as otherwise provided by the terms of a gift, donation,
bequest or grant, expenditures from the account must be made only for
carrying out the provisions of NRS 439.514 to 439.525 ,
inclusive.
4. The Administrator shall administer the account created pursuant
to subsection 2. Money in the account does not lapse to the State General
Fund at the end of a fiscal year. The interest and income earned on the
money in the account, after deducting any applicable charges, must be
credited to the account. Any claims against the account must be paid as
other claims against the State are paid.
(Added to NRS by 2005, 234 )
MISCELLANEOUS PROVISIONS
None of the provisions of
this chapter or the laws of this State regulating the practice of
medicine or healing shall be construed to interfere with treatment by
prayer or with any person who administers to or treats the sick or
suffering by mental or spiritual means, nor shall any person who selects
such treatment for the cure of disease be compelled to submit to any form
of medical treatment, nor shall any such person be removed to any
isolation hospital or camp without his consent if the sanitary and
quarantine laws of the State are complied with.
[8:199:1911; added 1919, 221; 1919 RL p. 2894; NCL § 5276]
1. Clinics for the immunization of children for the diseases
enumerated in NRS 392.435 , 394.192
and 432A.230 must be held by the county, city, town or
district boards of health, as the case may be, not less than 1 month
before the opening date of the school year in the respective counties,
cities and towns within the State.
2. Qualified personnel of any clinic who administer vaccines or
boosters pursuant to this section in good faith and without gross
negligence are immune from civil and criminal liability.
(Added to NRS by 1979, 316)
1. A person shall not use in connection with his name the words or
letters “Dietitian,” “Licensed Dietitian,” “Registered Dietitian,”
“L.D.,” “R.D.” or any other title, word, letter or other designation
intended to designate that he is a licensed or registered dietitian
without being registered with the Commission on Dietetic Registration, a
member of the National Commission on Health Certifying Agencies, or its
successor organization.
2. Any person who violates the provisions of this section is
guilty of a misdemeanor.
(Added to NRS by 1995, 2528)
Nothing contained in this
chapter may be construed as modifying or altering the powers conferred by
law upon the Commissioner of Food and Drugs with respect to the
adulteration, mislabeling or misbranding of foods, drugs, medicines and
liquors, or the powers conferred by law upon the State Dairy Commission
with respect to the weighing and testing of dairy products to prevent
fraud.
[41:199:1911; added 1939, 297; 1931 NCL § 5268.07]—(NRS A 2001,
2439 )
1. Each local health officer is charged with the strict and
thorough enforcement of the provisions of this chapter in his
jurisdiction, under the supervision and direction of the Health Division.
2. Each local health officer, under the direction and supervision
of the Health Division, shall enforce all provisions of law requiring the
immunization of children in the public schools, private schools and child
care facilities in his jurisdiction and, after consulting boards of
trustees of school districts, private school officials and operators of
child care facilities, shall adopt regulations for the enforcement of
those provisions, including the establishment of time limits and
schedules for the immunization of children at various grade levels.
3. Each local health officer shall make reports to the Health
Division of any violation coming to his notice by observation or upon
complaint of any person or otherwise.
[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A 1963, 942; 1969,
1018; 1979, 317)
All health
officers, local boards of health, sheriffs, constables, policemen,
marshals, all persons in charge of public buildings and institutions, and
all other public officers and employees shall respect and enforce this
chapter, all provisions of law requiring the immunization of children in
public schools, private schools and child care facilities, and all lawful
rules, orders and regulations adopted in pursuance thereof in every
particular affecting their respective localities and duties.
[37:199:1911; added 1939, 297; 1931 NCL § 5268.03]—(NRS A 1979, 317)
1. Any person, corporation, firm, partnership, joint stock
company, or any other association or organization which violates or
proposes to violate this chapter, provisions of law requiring the
immunization of children in public schools, private schools and child
care facilities, any regulation of the State Board of Health or any
regulation of a county, district or city board of health approved by the
State Board of Health pursuant to this chapter may be enjoined by any
court of competent jurisdiction.
2. Actions for injunction under this section may be prosecuted by
the Attorney General, any district attorney in this State or any retained
counsel of any local board of health in the name and upon the complaint
of the State Board of Health or any local board of health, or upon the
complaint of the State Health Officer or of any local health officer or
his deputy.
(Added to NRS by 1973, 315; A 1979, 317)
1. When the health authority deems it necessary, he shall report
cases of violation of any of the provisions of this chapter or of
provisions of law requiring the immunization of children in public
schools, private schools and child care facilities, to the district
attorney of the county, with a statement of the facts and circumstances.
When any such case is reported to him by the health authority, the
district attorney shall forthwith initiate and promptly follow up the
necessary court proceedings against the person or corporation responsible
for the alleged violation of law.
2. Upon request of the Health Division, the Attorney General shall
assist in the enforcement of the provisions of this chapter and
provisions of law requiring the immunization of children in public
schools, private schools and child care facilities.
[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A 1963, 942; 1969,
1019; 1979, 317)
1. Any local health officer or his deputy who neglects or fails to
enforce the provisions of this chapter in his jurisdiction, or neglects
or refuses to perform any of the duties imposed upon him by this chapter
or by the instructions and directions of the Health Division shall be
punished by a fine of not more than $250.
2. Each person who violates any of the provisions of this chapter
or refuses or neglects to obey any lawful order, rule or regulation of
the State Board of Health or violates any rule or regulation approved by
the State Board of Health pursuant to NRS 439.350 , 439.366 ,
439.410 and 439.460 is guilty of a misdemeanor.
[Part 21:199:1911; RL § 2972; NCL § 5255] + [39:199:1911; added
1939, 297; 1931 NCL § 5268.05]—(NRS A 1963, 942; 1967, 577; 1969, 880;
1973, 314; 1979, 1469; 2005, 2467 )
ADMINISTRATION OF CERTAIN PROCEEDS FROM MANUFACTURERS OF TOBACCO PRODUCTS
General Provisions
1. The Legislature hereby declares that its priorities in
expending the proceeds to the State of Nevada from settlement agreements
with and civil actions against manufacturers of tobacco products are:
(a) To increase the number of Nevada students who attend and
graduate from Nevada institutions of higher education; and
(b) To assist Nevada residents in obtaining and maintaining good
health.
2. To further these priorities, the Legislature hereby declares
that it is in the best interest of the residents of this State that all
money received by the State of Nevada pursuant to any settlement entered
into by the State of Nevada and a manufacturer of tobacco products and
all money recovered by the State of Nevada from a judgment in a civil
action against a manufacturer of tobacco products be dedicated solely
toward the achievement of the following goals:
(a) Increasing the number of Nevada residents who enroll in and
attend a university, state college or community college in the State of
Nevada;
(b) Reducing and preventing the use of tobacco products, alcohol
and illegal drugs, especially by children;
(c) Expanding the availability of health insurance and health care
for children and adults in this State, especially for children and for
adults with disabilities;
(d) Assisting senior citizens who have modest incomes in purchasing
prescription drugs, pharmaceutical services and, to the extent money is
available, other services, including, without limitation, dental and
vision services, and assisting those senior citizens in meeting their
needs related to health care, home care, respite care and their ability
to live independent of institutional care; and
(e) Promoting the general health of all residents of the State of
Nevada.
(Added to NRS by 1999, 2755 ; A 2001, 1418 ; 2005, 1570 )
Trust Fund for Public Health
1. The Trust Fund for Public Health is hereby created in the State
Treasury. The State Treasurer shall deposit in the Trust Fund:
(a) Ten percent of all money received by this State pursuant to any
settlement entered into by the State of Nevada and a manufacturer of
tobacco products; and
(b) Ten percent of all money recovered by this State from a
judgment in a civil action against a manufacturer of tobacco products.
2. The State Treasurer shall administer the Trust Fund. As
administrator of the Trust Fund, the State Treasurer, except as otherwise
provided in this section:
(a) Shall maintain the financial records of the Trust Fund;
(b) Shall invest the money in the Trust Fund as the money in other
state funds is invested;
(c) Shall manage any account associated with the Trust Fund;
(d) Shall maintain any instruments that evidence investments made
with the money in the Trust Fund;
(e) May contract with vendors for any good or service that is
necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the Trust
Fund.
3. In addition to the investments authorized pursuant to paragraph
(b) of subsection 2, the State Treasurer may, except as otherwise
provided in subsection 4, invest the money in the Trust Fund in:
(a) Common or preferred stock of a corporation created by or
existing under the laws of the United States or of a state, district or
territory of the United States, if:
(1) The stock of the corporation is:
(I) Listed on a national stock exchange; or
(II) Traded in the over-the-counter market, if the
price quotations for the over-the-counter stock are quoted by the
National Association of Securities Dealers Automated Quotations System
(NASDAQ);
(2) The outstanding shares of the corporation have a total
market value of not less than $50,000,000;
(3) The maximum investment in stock is not greater than 50
percent of the book value of the total investments of the Trust Fund;
(4) Except for investments made pursuant to paragraph (c),
the amount of an investment in a single corporation is not greater than 3
percent of the book value of the assets of the Trust Fund; and
(5) Except for investments made pursuant to paragraph (c),
the total amount of shares owned by the Trust Fund is not greater than 5
percent of the outstanding stock of a single corporation.
(b) A pooled or commingled real estate fund or a real estate
security that is managed by a corporate trustee or by an investment
advisory firm that is registered with the Securities and Exchange
Commission, either of which may be retained by the State Treasurer as an
investment manager. The shares and the pooled or commingled fund must be
held in trust. The total book value of an investment made under this
paragraph must not at any time be greater than 5 percent of the total
book value of all investments of the Trust Fund.
(c) Mutual funds or common trust funds that consist of any
combination of the investments authorized pursuant to paragraph (b) of
subsection 2 and paragraphs (a) and (b) of this subsection.
4. The State Treasurer shall not invest any money in the Trust
Fund pursuant to subsection 3 unless the State Treasurer obtains a
judicial determination that the proposed investment or category of
investments will not violate the provisions of Section 9 of Article 8 of
the Constitution of the State of Nevada. The State Treasurer shall
contract for the services of independent contractors to manage any
investments of the State Treasurer made pursuant to subsection 3. The
State Treasurer shall establish such criteria for the qualifications of
such an independent contractor as are appropriate to ensure that each
independent contractor has expertise in the management of such
investments.
5. The interest and income earned on the money in the Trust Fund
is hereby appropriated to the Board of Trustees of the Trust Fund for
Public Health and must, after deducting any applicable charges, be
credited to the Fund and accounted for separately. All claims against the
Fund must be paid as other claims against the State are paid.
6. Only the interest and income earned on the money in the Trust
Fund may be expended. Such expenditures may only be made for:
(a) Grants made pursuant to NRS 439.615 for:
(1) The promotion of public health and programs for the
prevention of disease or illness;
(2) Research on issues related to public health; and
(3) The provision of direct health care services to children
and senior citizens;
(b) Expenses related to the operation of the Board of Trustees of
the Trust Fund; and
(c) Actual costs incurred by the Health Division for providing
administrative assistance to the Board, but in no event may more than 2
percent of the money in the Fund be used for administrative expenses or
other indirect costs.
7. The money in the Trust Fund remains in the Fund and does not
revert to the State General Fund at the end of any fiscal year.
(Added to NRS by 1999, 2761 ; A 2001, 2301 )
1. The Board of Trustees of the Trust Fund for Public Health is
hereby created.
2. The Board consists of 11 members composed of:
(a) The Administrator or his designee.
(b) The State Health Officer or his designee.
(c) The Chairman of the Nevada Commission on Aging or his designee.
(d) The Chairman of the State Board of Health or his designee.
(e) The Chairman of the Advisory Board on Maternal and Child Health
or his designee.
(f) The superintendent of schools of the school district in this
State that has the highest number of enrolled pupils or his designee.
(g) The county health officers of the two most populous counties in
this State.
(h) One member appointed by the Nevada Association of Counties, or
its successor, who serves as a county health officer in a rural area of
this State.
(i) A representative of the University of Nevada School of Medicine
appointed by the Dean of the School of Medicine.
(j) One member appointed by the Governor who possesses knowledge,
skill and experience in providing health care services.
3. The term of a member of the Board who is appointed pursuant to
paragraph (h), (i) or (j) of subsection 2 is 4 years.
4. The Board shall annually elect a Chairman from among its
members. The board shall meet at least quarterly. A majority of the
members constitutes a quorum, and a majority of those present must concur
in any decision.
5. Each member of the Board serves without compensation. While
engaged in the business of the Board, each member is entitled to receive
the per diem allowance and travel expenses provided for state officers
and employees generally. The per diem allowance and travel expenses of:
(a) A member of the Board who is an officer or employee of this
State or a local government thereof must be paid by the state agency or
the local government.
(b) Any other member of the Board must be paid from the interest
and income earned on the money in the Trust Fund.
6. Each member of the Board who is an officer or employee of this
State or a local government must be relieved from his duties without loss
of his regular compensation so that he may perform his duties relating to
the Board in the most timely manner practicable. A state agency or local
government shall not require an officer or employee who is a member of
the Board to:
(a) Make up the time he is absent from work to fulfill his
obligations as a member of the Board; or
(b) Take annual leave or compensatory time for the absence.
7. The Health Division shall provide such administrative support
to the Board as is required to carry out the duties of the Board.
(Added to NRS by 1999, 2762 )
1. The Board of Trustees shall:
(a) In accordance with the provisions set forth in subsection 6 of
NRS 439.605 , develop policies and
procedures for the expenditure of the interest and income earned on the
money in the Trust Fund for Public Health.
(b) After deducting authorized expenses, annually make grants in a
cumulative amount equal to the interest and income earned on the money in
the Trust Fund for Public Health.
(c) Develop forms for requests for proposals for grants and
disseminate information about the grant program. A condition of each such
grant must be that not more than 8 percent of the grant may be used for
administrative expenses and other indirect costs.
(d) Publish an annual report of the activities of the Board and the
grants made by the Board. A copy of each such report must be transmitted
to the Governor and to the Director of the Legislative Counsel Bureau for
transmittal to the Legislature.
2. The Board may take such other actions as are necessary to carry
out its duties and the provisions of this section and NRS 439.605 and 439.610 .
(Added to NRS by 1999, 2763 ; A 2001, 2302 )
Fund for a Healthy Nevada
1. The Fund for a Healthy Nevada is hereby created in the State
Treasury. The State Treasurer shall deposit in the Fund:
(a) Fifty percent of all money received by this State pursuant to
any settlement entered into by the State of Nevada and a manufacturer of
tobacco products; and
(b) Fifty percent of all money recovered by this State from a
judgment in a civil action against a manufacturer of tobacco products.
2. The State Treasurer shall administer the Fund. As administrator
of the Fund, the State Treasurer:
(a) Shall maintain the financial records of the Fund;
(b) Shall invest the money in the Fund as the money in other state
funds is invested;
(c) Shall manage any account associated with the Fund;
(d) Shall maintain any instruments that evidence investments made
with the money in the Fund;
(e) May contract with vendors for any good or service that is
necessary to carry out the provisions of this section; and
(f) May perform any other duties necessary to administer the Fund.
3. The interest and income earned on the money in the Fund must,
after deducting any applicable charges, be credited to the Fund. All
claims against the Fund must be paid as other claims against the State
are paid.
4. Upon receiving a request from the State Treasurer or the
Department for an allocation for administrative expenses from the Fund
pursuant to this section, the Task Force for the Fund for a Healthy
Nevada shall consider the request within 45 days after receipt of the
request. If the Task Force approves the amount requested for allocation,
the Task Force shall notify the State Treasurer of the allocation. If the
Task Force does not approve the requested allocation within 45 days after
receipt of the request, the State Treasurer or the Department, as
applicable, may submit its request for allocation to the Interim Finance
Committee. Except as otherwise limited by this subsection, the Interim
Finance Committee may allocate all or part of the money so requested. The
annual allocation for administrative expenses from the Fund, whether
allocated by the Task Force or the Interim Finance Committee must not
exceed:
(a) Not more than 2 percent of the money in the Fund, as calculated
pursuant to this subsection, each year to pay the costs incurred by the
State Treasurer to administer the Fund;
(b) Not more than 2.025 percent of the money in the Fund, as
calculated pursuant to this subsection, each year to pay the costs
incurred by the Department, including, without limitation, the Aging
Services Division of the Department, to carry out its duties set forth in
NRS 439.625 and 439.630 ;
(c) Not more than 1.5 percent of the money in the Fund, as
calculated pursuant to this subsection, each year to pay the costs
incurred by the Department to administer the provisions of NRS 439.635
to 439.690 , inclusive; and
(d) Not more than 0.125 percent of the money in the Fund, as
calculated pursuant to this subsection, each year to pay the costs
incurred by the Department to administer the provisions of NRS 439.705
to 439.795 , inclusive.
Ê For the purposes of this subsection, the amount of money available for
allocation to pay for the administrative costs must be calculated at the
beginning of each fiscal year based on the total amount of money
anticipated by the State Treasurer to be deposited in the Fund during
that fiscal year.
5. The money in the Fund remains in the Fund and does not revert
to the State General Fund at the end of any fiscal year.
6. All money that is deposited or paid into the Fund is hereby
appropriated to the Department and, except as otherwise provided in
paragraphs (c) to (f), inclusive, and (j) of subsection 1 of NRS 439.630
, may only be expended pursuant to an
allocation made by the Task Force for the Fund for a Healthy Nevada.
Money expended from the Fund for a Healthy Nevada must not be used to
supplant existing methods of funding that are available to public
agencies.
(Added to NRS by 1999, 2756 ; A 2001, 2668 ; 2003, 1748 ; 2005, 918 , 1255 , 1329 , 2047 )
1. The Task Force for the Fund for a Healthy Nevada is hereby
created. The membership of the Task Force consists of:
(a) Three members appointed by the Majority Leader of the Senate,
one of whom must be a Senator and one of whom must be a member of a
nonprofit organization dedicated to health issues in this State;
(b) Three members appointed by the Speaker of the Assembly, one of
whom must be an Assemblyman and one of whom must be a member of a
nonprofit organization dedicated to health issues in this State; and
(c) Three members appointed by the Governor, one of whom must have
experience with and knowledge of matters relating to health care.
Ê Each member appointed pursuant to this subsection must be a resident of
this State and must not be employed in the Executive or Judicial Branch
of State Government. Each person who appoints members pursuant to this
subsection shall ensure that insofar as practicable, the members whom he
appoints reflect the ethnic and geographical diversity of this State.
2. At its first meeting on or after July 1 of each odd-numbered
year, the Task Force shall select the Chairman and Vice Chairman of the
Task Force from among the legislative members of the Task Force. Each
such officer shall hold office for a term of 2 years or until his
successor is selected. The chairmanship of the Task Force must alternate
each biennium between the houses of the Legislature.
3. For each day or portion of a day during which a member of the
Task Force who is a Legislator attends a meeting of the Task Force or is
otherwise engaged in the work of the Task Force, except during a regular
or special session of the Legislature, he is entitled to receive the:
(a) Compensation provided for a majority of the members of the
Legislature during the first 60 days of the preceding session;
(b) Per diem allowance provided for state officers and employees
generally; and
(c) Travel expenses provided pursuant to NRS 218.2207 .
Ê The compensation, per diem allowances and travel expenses of the
legislative members of the Task Force must be paid from the Legislative
Fund.
4. Members of the Task Force who are not Legislators serve without
salary, except that they are entitled to receive travel expenses provided
for state officers and employees generally. The travel expenses of:
(a) A member of the Task Force who is an officer or employee of a
local government thereof must be paid by the local government that
employs him.
(b) Each remaining member of the Task Force must be paid from the
Legislative Fund.
5. Each member of the Task Force who is an officer or employee of
a local government must be relieved from his duties without loss of his
regular compensation so that he may perform his duties relating to the
Task Force in the most timely manner practicable. A local government
shall not require an officer or employee who is a member of the Task
Force to:
(a) Make up the time he is absent from work to fulfill his
obligations as a member of the Task Force; or
(b) Take annual leave or compensatory time for the absence.
6. The Legislative Counsel Bureau and the Department shall provide
such administrative support to the Task Force as is required to carry out
the duties of the Task Force. The State Health Officer shall provide such
technical advice and assistance to the Task Force as is requested by the
Task Force.
(Added to NRS by 1999, 2757 ; A 2001, 2670 )
1. The Task Force for the Fund for a Healthy Nevada shall:
(a) Conduct public hearings to accept public testimony from a wide
variety of sources and perspectives regarding existing or proposed
programs that:
(1) Promote public health;
(2) Improve health services for children, senior citizens
and persons with disabilities;
(3) Reduce or prevent the use of tobacco;
(4) Reduce or prevent the abuse of and addiction to alcohol
and drugs; and
(5) Offer other general or specific information on health
care in this State.
(b) Establish a process to evaluate the health and health needs of
the residents of this State and a system to rank the health problems of
the residents of this State, including, without limitation, the specific
health problems that are endemic to urban and rural communities.
(c) Reserve not more than 30 percent of all revenues deposited in
the Fund for a Healthy Nevada each year for direct expenditure by the
Department to pay for prescription drugs, pharmaceutical services and, to
the extent money is available, other benefits, including, without
limitation, dental and vision benefits for senior citizens pursuant to
NRS 439.635 to 439.690 , inclusive. From the money reserved to the
Department pursuant to this paragraph, the Department may subsidize any
portion of the cost of providing prescription drugs, pharmaceutical
services and, to the extent money is available, other benefits,
including, without limitation, dental and vision benefits to senior
citizens pursuant to NRS 439.635 to
439.690 , inclusive. The Department
shall consider recommendations from the Task Force for the Fund for a
Healthy Nevada in carrying out the provisions of NRS 439.635 to 439.690 ,
inclusive. The Department shall submit a quarterly report to the
Governor, the Task Force for the Fund for a Healthy Nevada and the
Interim Finance Committee regarding the general manner in which
expenditures have been made pursuant to this paragraph and the status of
the program.
(d) Reserve not more than 30 percent minus $350,000 of all revenues
deposited in the Fund for a Healthy Nevada each year for allocation by
the Aging Services Division of the Department in the form of grants for
existing or new programs that assist senior citizens with independent
living, including, without limitation, programs that provide:
(1) Respite care or relief of family caretakers;
(2) Transportation to new or existing services to assist
senior citizens in living independently; and
(3) Care in the home which allows senior citizens to remain
at home instead of in institutional care.
Ê The Aging Services Division of the Department shall consider
recommendations from the Task Force for the Fund for a Healthy Nevada
concerning the independent living needs of senior citizens.
(e) Reserve not more than $200,000 of all revenues deposited in the
Fund for a Healthy Nevada each year for allocation by the Director to:
(1) Provide guaranteed funding to finance assisted living
facilities that satisfy the criteria for certification set forth in NRS
319.147 ; and
(2) Fund assisted living facilities that satisfy the
criteria for certification set forth in NRS 319.147 and assisted living supportive services that
are provided pursuant to the provisions of the home and community-based
services waiver which are amended pursuant to NRS 422.2708 .
Ê The Director shall develop policies and procedures for allocating money
which is reserved pursuant to this paragraph.
(f) Reserve $150,000 of all revenues deposited in the Fund for a
Healthy Nevada each year if available for allocation by the Aging
Services Division of the Department in the form of contracts or grants
for existing or new programs that provide dental benefits to persons who
are domiciled in this State and are 62 years of age or older:
(1) Who satisfy the residency requirement set forth in
subsection 2 of NRS 439.665 ;
(2) Whose incomes are not over the amounts set forth in
subsection 2 of NRS 439.665 , as
adjusted pursuant to the provisions of that section.
(g) Allocate, by contract or grant, for expenditure not more than
20 percent of all revenues deposited in the Fund for a Healthy Nevada
each year for programs that prevent, reduce or treat the use of tobacco
and the consequences of the use of tobacco.
(h) Allocate, by contract or grant, for expenditure not more than
10 percent of all revenues deposited in the Fund for a Healthy Nevada
each year for programs that improve health services for children.
(i) Allocate, by contract or grant, for expenditure not more than
7.5 percent of all revenues deposited in the Fund for a Healthy Nevada
each year for programs that improve the health and well-being of persons
with disabilities. In making allocations pursuant to this paragraph, the
Task Force shall, to the extent practicable, allocate the money evenly
among the following three types of programs:
(1) Programs that provide respite for persons caring for
persons with disabilities;
(2) Programs that provide positive behavioral supports to
persons with disabilities; and
(3) Programs that assist persons with disabilities to live
safely and independently in their communities outside of an institutional
setting.
(j) Reserve not more than 2.5 percent of all revenues deposited in
the Fund for a Healthy Nevada each year for direct expenditure by the
Department to subsidize any portion of the cost of providing prescription
drugs and pharmaceutical services to persons with disabilities pursuant
to NRS 439.705 to 439.795 , inclusive. The Department shall consider
recommendations from the Task Force for the Fund for a Healthy Nevada in
carrying out the provisions of NRS 439.705 to 439.795 ,
inclusive.
(k) Maximize expenditures through local, federal and private
matching contributions.
(l) Ensure that any money expended from the Fund for a Healthy
Nevada will not be used to supplant existing methods of funding that are
available to public agencies.
(m) Develop policies and procedures for the administration and
distribution of contracts, grants and other expenditures to state
agencies, political subdivisions of this State, nonprofit organizations,
universities, state colleges and community colleges. A condition of any
such contract or grant must be that not more than 8 percent of the
contract or grant may be used for administrative expenses or other
indirect costs. The procedures must require at least one competitive
round of requests for proposals per biennium.
(n) To make the allocations required by paragraphs (g), (h) and (i):
(1) Prioritize and quantify the needs for these programs;
(2) Develop, solicit and accept applications for allocations;
(3) Conduct annual evaluations of programs to which
allocations have been awarded; and
(4) Submit annual reports concerning the programs to the
Governor and the Interim Finance Committee.
(o) Transmit a report of all findings, recommendations and
expenditures to the Governor and each regular session of the Legislature.
2. The Task Force may take such other actions as are necessary to
carry out its duties.
3. The Department shall take all actions necessary to ensure that
all allocations for expenditures made by the Task Force are carried out
as directed by the Task Force.
4. To make the allocations required by paragraphs (d) and (f) of
subsection 1, the Aging Services Division of the Department shall:
(a) Prioritize and quantify the needs of senior citizens for these
programs;
(b) Develop, solicit and accept grant applications for allocations;
(c) As appropriate, expand or augment existing state programs for
senior citizens upon approval of the Interim Finance Committee;
(d) Award grants, contracts or other allocations;
(e) Conduct annual evaluations of programs to which grants or other
allocations have been awarded; and
(f) Submit annual reports concerning the allocations made by the
Aging Services Division pursuant to paragraphs (d) and (f) of subsection
1 to the Governor and the Interim Finance Committee.
5. The Aging Services Division of the Department shall submit each
proposed grant or contract which would be used to expand or augment an
existing state program to the Interim Finance Committee for approval
before the grant or contract is awarded. The request for approval must
include a description of the proposed use of the money and the person or
entity that would be authorized to expend the money. The Aging Services
Division of the Department shall not expend or transfer any money
allocated to the Aging Services Division pursuant to this section to
subsidize any portion of the cost of providing prescription drugs and
pharmaceutical services to senior citizens pursuant to NRS 439.635 to 439.690 ,
inclusive, or to subsidize any portion of the cost of providing
prescription drugs and pharmaceutical services to persons with
disabilities pursuant to NRS 439.705 to
439.795 , inclusive.
6. The Department, on behalf of the Task Force, shall submit each
allocation proposed pursuant to paragraph (g), (h) or (i) of subsection 1
which would be used to expand or augment an existing state program to the
Interim Finance Committee for approval before the contract or grant is
awarded. The request for approval must include a description of the
proposed use of the money and the person or entity that would be
authorized to expend the money.
(Added to NRS by 1999, 2758 ; A 2001, 2671 ; 2003, 330 , 1749 ; 2005, 366 , 919 , 1256 , 1330 , 1571 , 2048 , 2051 )
Subsidies for Cost of Prescription Drugs, Pharmaceutical Services and
Other Benefits to Senior Citizens
As used in NRS 439.635 to 439.690 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 439.640 , 439.645 and 439.650
have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2760 )
“Household income” has
the meaning ascribed to it in NRS 427A.480 .
(Added to NRS by 1999, 2760 ; A 2001, 2661 )
“Income” has the meaning ascribed
to it in NRS 427A.485 .
(Added to NRS by 1999, 2760 ; A 2001, 2661 )
“Senior citizen” means a
person who is domiciled in this state and is 62 years of age or older.
(Added to NRS by 1999, 2760 )
The
Department is responsible for the administration of the provisions of NRS
439.635 to 439.690 , inclusive, and may:
1. Prescribe the content and form of a request for a subsidy
required to be submitted pursuant to NRS 439.670 .
2. Designate the proof that must be submitted with such a request.
3. Adopt regulations to protect the confidentiality of information
supplied by a senior citizen requesting a subsidy pursuant to NRS 439.670
.
4. Adopt such other regulations as may be required to carry out
the provisions of NRS 439.635 to
439.690 , inclusive.
(Added to NRS by 1999, 2761 )
The Department shall, in cooperation with the various counties
in this State:
1. Combine all possible administrative procedures required for
determining those persons who are eligible for assistance pursuant to NRS
427A.450 to 427A.600 , inclusive, and 439.635 to 439.690 ,
inclusive;
2. Coordinate the collection of information required to carry out
those provisions in a manner that requires persons requesting assistance
to furnish information in as few reports as possible; and
3. Design forms that may be used jointly by the Department and the
various counties in this State to carry out the provisions of NRS
427A.450 to 427A.600 , inclusive, and 439.635 to 439.690 ,
inclusive.
(Added to NRS by 1999, 2761 ; A 2001, 2661 ; 2005, 1259 )
1. The Department may:
(a) Enter into contracts with private insurers who transact health
insurance in this State to subsidize the cost of prescription drugs and
pharmaceutical services for senior citizens by arranging for the
availability, at a reasonable cost, of policies of health insurance that
provide coverage to senior citizens for prescription drugs,
pharmaceutical services and, to the extent money is available, other
benefits, including, without limitation, dental and vision benefits; or
(b) Subsidize the cost of prescription drugs and pharmaceutical
services for senior citizens in any other manner.
2. Within the limits of the money available for this purpose in
the Fund for a Healthy Nevada, a senior citizen who is not eligible for
Medicaid and who is eligible for a subsidy for the cost of prescription
drugs and pharmaceutical services that is made available pursuant to
subsection 1 is entitled to an annual grant from the Fund to subsidize
the cost of prescription drugs and pharmaceutical services, if he has
been domiciled in this State for at least 1 year immediately preceding
the date of his application and:
(a) If the senior citizen is single, his income is not over
$21,500; or
(b) If the senior citizen is married, his household income is not
over $28,660.
Ê The monetary amounts set forth in this subsection must be adjusted for
each fiscal year by adding to each amount the product of the amount shown
multiplied by the percentage increase in the Consumer Price Index from
December 2002 to the December preceding the fiscal year for which the
adjustment is calculated.
3. The subsidy granted pursuant to this section must not exceed:
(a) The annual cost of prescription drugs and pharmaceutical
services provided to the senior citizen; or
(b) The annual cost of insurance that provides other benefits to
the senior citizen pursuant to subsection 1.
4. A subsidy that is made available pursuant to subsection 1 must
provide for:
(a) A copayment of not more than $10 per prescription drug or
pharmaceutical service that is generic as set forth in the formulary of
the insurer or as set forth by the Department; and
(b) A copayment of not more than $25 per prescription drug or
pharmaceutical service that is preferred as set forth in the formulary of
the insurer or as set forth by the Department.
5. The Department may waive the eligibility requirement set forth
in subsection 2 regarding household income upon written request of the
applicant or enrollee based on one or more of the following circumstances:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship, when considering the current
financial circumstances of the applicant or enrollee.
Ê An applicant or enrollee who requests such a waiver shall include with
that request all medical and financial documents that support his request.
6. If the Federal Government provides any coverage for:
(a) Prescription drugs and pharmaceutical services; or
(b) Other benefits, including, without limitation, dental or vision
benefits,
Ê for senior citizens who are eligible for a subsidy pursuant to
subsections 1 to 5, inclusive, the Department may, upon approval of the
Legislature, or the Interim Finance Committee if the Legislature is not
in session, change any program established pursuant to NRS 439.635 to 439.690 ,
inclusive, and otherwise provide assistance with prescription drugs,
pharmaceutical services and, to the extent money is available, other
benefits, including, without limitation, dental and vision benefits for
senior citizens within the limits of the money available for this purpose
in the Fund for a Healthy Nevada.
7. The provisions of subsections 1 to 5, inclusive, do not apply
to the extent that the Department provides assistance for senior citizens
pursuant to subsection 6.
(Added to NRS by 1999, 2760 ; A 2001, 2675 ; 2003, 1751 , 3493 ; 2005, 1259 , 1573 )
1. A senior citizen who wishes to receive a subsidy pursuant to
NRS 439.665 must file a request
therefor with the Department.
2. The request must be made under oath and filed in such form and
content, and accompanied by such proof, as the Department may prescribe.
3. The Department shall, within 45 days after receiving a request
for a subsidy, examine the request and grant or deny it.
4. The Department shall determine which senior citizens are
eligible to receive a subsidy pursuant to NRS 439.665 and, if the Department has entered into a
contract pursuant to NRS 439.665 to
provide the subsidy, pay the subsidy directly to the person or entity
with whom the Department has entered into the contract.
(Added to NRS by 1999, 2760 ; A 2001, 2676 ; 2005, 1260 )
1. The Department shall deny any request for a subsidy received
pursuant to NRS 439.670 to which the
senior citizen is not entitled.
2. The Department may deny in total any request which it finds to
have been filed with fraudulent intent. If any such request has been paid
and is afterward denied, the amount of the subsidy must be repaid by the
senior citizen to the Department.
3. Any amounts received by the Department pursuant to this section
must be deposited with the State Treasurer for credit to the Fund for a
Healthy Nevada.
(Added to NRS by 1999, 2761 ; A 2001, 2677 )
Any person who is aggrieved by a decision of the department
denying a request for a subsidy submitted pursuant to NRS 439.670 is entitled to judicial review thereof.
(Added to NRS by 1999, 2761 )
Any
subsidy granted pursuant to NRS 439.665
to a senior citizen who is not qualified for such a subsidy may be
revoked by the Department. If a subsidy is so revoked, the senior citizen
shall make restitution to the Department for any subsidy he has
improperly received, and the Department shall take all proper actions to
collect the amount of the subsidy as a debt.
(Added to NRS by 1999, 2761 )
No person may publish, disclose or use any personal
or confidential information contained in a request for a subsidy
submitted pursuant to NRS 439.670
except for purposes relating to the administration of NRS 439.635 to 439.690 ,
inclusive.
(Added to NRS by 1999, 2761 )
Subsidies for Provision of Pharmaceutical Services to Persons with
Disabilities
As used in NRS 439.705 to 439.795 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 439.715 and 439.725
have the meanings ascribed to them in
those sections.
(Added to NRS by 2005, 1327 )
“Household income” has
the meaning ascribed to it in NRS 427A.480 .
(Added to NRS by 2005, 1327 )
“Income” has the meaning ascribed
to it in NRS 427A.485 .
(Added to NRS by 2005, 1327 )
The
Department is responsible for the administration of the provisions of NRS
439.705 to 439.795 , inclusive, and may:
1. Prescribe the content and form of a request for a subsidy
required to be submitted pursuant to NRS 439.755 .
2. Designate the proof that must be submitted with such a request.
3. Adopt regulations to protect the confidentiality of information
supplied by a person with a disability requesting a subsidy pursuant to
NRS 439.755 .
4. Adopt such other regulations as may be required to carry out
the provisions of NRS 439.705 to
439.795 , inclusive.
(Added to NRS by 2005, 1327 )
1. The Department may:
(a) Enter into contracts with private insurers who transact health
insurance in this State to subsidize the cost of prescription drugs and
pharmaceutical services for persons with disabilities by arranging for
the availability, at a reasonable cost, of policies of health insurance
that provide coverage to persons with disabilities for prescription drugs
and pharmaceutical services; or
(b) Subsidize the cost of prescription drugs and pharmaceutical
services for persons with disabilities in any other manner.
2. Within the limits of the money available for this purpose in
the Fund for a Healthy Nevada, a person with a disability who is not
eligible for Medicaid and who is eligible for a subsidy for the cost of
prescription drugs and pharmaceutical services that is made available
pursuant to subsection 1 is entitled to an annual grant from the Fund to
subsidize the cost of prescription drugs and pharmaceutical services, if
he has been domiciled in this State for at least 1 year immediately
preceding the date of his application and:
(a) If the person with a disability is single, his income is not
over $21,500; or
(b) If the person with a disability is married, his household
income is not over $28,660.
Ê The monetary amounts set forth in this subsection must be adjusted for
each fiscal year by adding to each amount the product of the amount shown
multiplied by the percentage increase in the Consumer Price Index from
December 2002 to the December preceding the fiscal year for which the
adjustment is calculated.
3. The subsidy granted pursuant to this section must not exceed
the annual cost of prescription drugs and pharmaceutical services
provided to the person with a disability.
4. A subsidy that is made available pursuant to subsection 1 must
provide for:
(a) A copayment of not more than $10 per prescription drug or
pharmaceutical service that is generic as set forth in the formulary of
the insurer or as set forth by the Department; and
(b) A copayment of not more than $25 per prescription drug or
pharmaceutical service that is preferred as set forth in the formulary of
the insurer or as set forth by the Department.
5. The Department may waive the eligibility requirement set forth
in subsection 2 regarding household income upon written request of the
applicant or enrollee based on one or more of the following circumstances:
(a) Illness;
(b) Disability; or
(c) Extreme financial hardship, when considering the current
financial circumstances of the applicant or enrollee.
Ê An applicant or enrollee who requests such a waiver shall include with
that request all medical and financial documents that support his request.
6. If the Federal Government provides any coverage of prescription
drugs and pharmaceutical services for persons with disabilities who are
eligible for a subsidy pursuant to subsections 1 to 5, inclusive, the
Department may, upon approval of the Legislature, or the Interim Finance
Committee if the Legislature is not in session, change any program
established pursuant to NRS 439.705 to
439.795 , inclusive, and otherwise
provide assistance with prescription drugs and pharmaceutical services
for persons with disabilities within the limits of the money available
for this purpose in the Fund for a Healthy Nevada.
7. The provisions of subsections 1 to 5, inclusive, do not apply
if the Department provides assistance with prescription drugs and
pharmaceutical services for persons with disabilities pursuant to
subsection 6.
(Added to NRS by 2005, 1327 )
1. A person with a disability who wishes to receive a subsidy
pursuant to NRS 439.745 must file a
request therefor with the Department.
2. The request must be made under oath and filed in such form and
content, and accompanied by such proof, as the Department may prescribe.
3. The Department shall, within 45 days after receiving a request
for a subsidy, examine the request and grant or deny it.
4. The Department shall determine which persons with disabilities
are eligible to receive a subsidy pursuant to NRS 439.745 and, if the Department has entered into a
contract pursuant to NRS 439.745 to
provide the subsidy, pay the subsidy directly to the person or entity
with whom the Department has entered into the contract.
(Added to NRS by 2005, 1329 )
1. The Department shall deny any request for a subsidy received
pursuant to NRS 439.755 to which the
person with a disability is not entitled.
2. The Department may deny in total any request which it finds to
have been filed with fraudulent intent. If any such request has been paid
and is afterward denied, the amount of the subsidy must be repaid by the
person with a disability to the Department.
3. Any amounts received by the Department pursuant to this section
must be deposited with the State Treasurer for credit to the Fund for a
Healthy Nevada.
(Added to NRS by 2005, 1329 )
Any person who is aggrieved by a decision of the Department
denying a request for a subsidy submitted pursuant to NRS 439.755 is entitled to judicial review thereof.
(Added to NRS by 2005, 1329 )
Any
subsidy granted pursuant to NRS 439.745
to a person with a disability who is not qualified for such a subsidy may
be revoked by the Department. If a subsidy is so revoked, the person with
a disability shall make restitution to the Department for any subsidy he
has improperly received, and the Department shall take all proper actions
to collect the amount of the subsidy as a debt.
(Added to NRS by 2005, 1329 )
No person may publish, disclose or use any personal
or confidential information contained in a request for a subsidy
submitted pursuant to NRS 439.755
except for purposes relating to the administration of NRS 439.705 to 439.795 ,
inclusive.
(Added to NRS by 2005, 1329 )
HEALTH AND SAFETY OF PATIENTS AT CERTAIN MEDICAL FACILITIES
As used in NRS 439.800 to 439.890 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 439.802 to 439.830
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 2002 Special Session, 13 ; A 2005, 599 )
“Facility-acquired infection” means a localized or systemic condition
which results from an adverse reaction to the presence of an infectious
agent or its toxins and which was not detected as present or incubating
at the time a patient was admitted to a medical facility, including,
without limitation:
1. Surgical site infections;
2. Ventilator-associated pneumonia;
3. Central line-related bloodstream infections;
4. Urinary tract infections; and
5. Other categories of infections as may be established by the
Administrator by regulation pursuant to NRS 439.890 .
(Added to NRS by 2005, 599 )
“Medical facility” means:
1. A hospital, as that term is defined in NRS 449.012 and 449.0151 ;
2. An obstetric center, as that term is defined in NRS 449.0151
and 449.0155 ;
3. A surgical center for ambulatory patients, as that term is
defined in NRS 449.0151 and 449.019
; and
4. An independent center for emergency medical care, as that term
is defined NRS 449.013 and 449.0151
.
(Added to NRS by 2002 Special Session, 13 )
“Patient” means a person who:
1. Is admitted to a medical facility for the purpose of receiving
treatment;
2. Resides in a medical facility; or
3. Receives treatment from a provider of health care.
(Added to NRS by 2002 Special Session, 13 )
“Patient safety
officer” means a person who is designated as such by a medical facility
pursuant to NRS 439.870 .
(Added to NRS by 2002 Special Session, 13 )
“Provider of
health care” means a person who is licensed, certified or otherwise
authorized by the laws of this state to administer health care in the
ordinary course of the business or practice of a profession.
(Added to NRS by 2002 Special Session, 13 )
“Repository” means the
Repository for Health Care Quality Assurance created by NRS 439.850
.
(Added to NRS by 2002 Special Session, 13 )
“Sentinel event” means an
unexpected occurrence involving facility-acquired infection, death or
serious physical or psychological injury or the risk thereof, including,
without limitation, any process variation for which a recurrence would
carry a significant chance of a serious adverse outcome. The term
includes loss of limb or function.
(Added to NRS by 2002 Special Session, 13 ; A 2005, 599 )
1. Except as otherwise provided in subsection 2:
(a) A person who is employed by a medical facility shall, within 24
hours after becoming aware of a sentinel event that occurred at the
medical facility, notify the patient safety officer of the facility of
the sentinel event; and
(b) The patient safety officer shall, within 13 days after
receiving notification pursuant to paragraph (a), report the date, the
time and a brief description of the sentinel event to:
(1) The Health Division; and
(2) The representative designated pursuant to NRS 439.855
, if that person is different from the
patient safety officer.
2. If the patient safety officer of a medical facility personally
discovers or becomes aware, in the absence of notification by another
employee, of a sentinel event that occurred at the medical facility, the
patient safety officer shall, within 14 days after discovering or
becoming aware of the sentinel event, report the date, time and brief
description of the sentinel event to:
(a) The Health Division; and
(b) The representative designated pursuant to NRS 439.855 , if that person is different from the patient
safety officer.
3. The Administrator shall prescribe the manner in which reports
of sentinel events must be made pursuant to this section.
(Added to NRS by 2002 Special Session, 13 )
1. The Health Division shall, to the extent of legislative
appropriation and authorization:
(a) Collect and maintain reports received pursuant to NRS 439.835
; and
(b) Ensure that such reports, and any additional documents created
from such reports, are protected adequately from fire, theft, loss,
destruction and other hazards and from unauthorized access.
2. Reports received pursuant to NRS 439.835 are confidential, not subject to subpoena or
discovery and not subject to inspection by the general public.
(Added to NRS by 2002 Special Session, 14 )
1. The Health Division shall, to the extent of legislative
appropriation and authorization, contract with a quality improvement
organization, as defined in 42 C.F.R. § 400.200, to analyze and report
trends regarding sentinel events.
2. When the Health Division receives notice from a medical
facility that the medical facility has taken corrective action to remedy
the causes or contributing factors, or both, of a sentinel event, the
Health Division shall:
(a) Make a record of the information;
(b) Ensure that the information is aggregated so as not to reveal
the identity of a specific person or medical facility; and
(c) Transmit the information to a quality improvement organization.
3. A quality improvement organization to whom information is
transmitted pursuant to subsection 2 shall, at least quarterly, report
its findings regarding the analysis of aggregated trends of sentinel
events to the Repository for Health Care Quality Assurance.
(Added to NRS by 2002 Special Session, 14 )
1. The Repository for Health Care Quality Assurance is hereby
created within the Health Division.
2. The Repository shall, to the extent of legislative
appropriation and authorization, function as a clearinghouse of
information relating to aggregated trends of sentinel events.
(Added to NRS by 2002 Special Session, 14 )
1. Each medical facility that is located within this state shall
designate a representative for the notification of patients who have been
involved in sentinel events at that medical facility.
2. A representative designated pursuant to subsection 1 shall, not
later than 7 days after discovering or becoming aware of a sentinel event
that occurred at the medical facility, provide notice of that fact to
each patient who was involved in that sentinel event.
3. The provision of notice to a patient pursuant to subsection 2
must not, in any action or proceeding, be considered an acknowledgment or
admission of liability.
4. A representative designated pursuant to subsection 1 may or may
not be the same person who serves as the facility’s patient safety
officer.
(Added to NRS by 2002 Special Session, 14 )
Any report, document and any other
information compiled or disseminated pursuant to the provisions of NRS
439.800 to 439.890 , inclusive, is not admissible in evidence in
any administrative or legal proceeding conducted in this State.
(Added to NRS by 2002 Special Session, 15 ; A 2005, 600 )
1. Each medical facility that is located within this state shall
develop, in consultation with the providers of health care who provide
treatment to patients at the medical facility, an internal patient safety
plan to improve the health and safety of patients who are treated at that
medical facility.
2. A medical facility shall submit its patient safety plan to the
governing board of the medical facility for approval in accordance with
the requirements of this section.
3. After a medical facility’s patient safety plan is approved, the
medical facility shall notify all providers of health care who provide
treatment to patients at the medical facility of the existence of the
plan and of the requirements of the plan. A medical facility shall
require compliance with its patient safety plan.
(Added to NRS by 2002 Special Session, 15 )
1. A medical facility shall designate an officer or employee of
the facility to serve as the patient safety officer of the medical
facility.
2. The person who is designated as the patient safety officer of a
medical facility shall:
(a) Serve on the patient safety committee.
(b) Supervise the reporting of all sentinel events alleged to have
occurred at the medical facility, including, without limitation,
performing the duties required pursuant to NRS 439.835 .
(c) Take such action as he determines to be necessary to ensure the
safety of patients as a result of an investigation of any sentinel event
alleged to have occurred at the medical facility.
(d) Report to the patient safety committee regarding any action
taken in accordance with paragraph (c).
(Added to NRS by 2002 Special Session, 15 )
1. A medical facility shall establish a patient safety committee.
2. Except as otherwise provided in subsection 3:
(a) A patient safety committee established pursuant to subsection 1
must be composed of:
(1) The patient safety officer of the medical facility.
(2) At least three providers of health care who treat
patients at the medical facility, including, without limitation, at least
one member of the medical, nursing and pharmaceutical staff of the
medical facility.
(3) One member of the executive or governing body of the
medical facility.
(b) A patient safety committee shall meet at least once each month.
3. The Administrator shall adopt regulations prescribing the
composition and frequency of meetings of patient safety committees at
medical facilities having fewer than 25 employees and contractors.
4. A patient safety committee shall:
(a) Receive reports from the patient safety officer pursuant to NRS
439.870 .
(b) Evaluate actions of the patient safety officer in connection
with all reports of sentinel events alleged to have occurred at the
medical facility.
(c) Review and evaluate the quality of measures carried out by the
medical facility to improve the safety of patients who receive treatment
at the medical facility.
(d) Make recommendations to the executive or governing body of the
medical facility to reduce the number and severity of sentinel events
that occur at the medical facility.
(e) At least once each calendar quarter, report to the executive or
governing body of the medical facility regarding:
(1) The number of sentinel events that occurred at the
medical facility during the preceding calendar quarter; and
(2) Any recommendations to reduce the number and severity of
sentinel events that occur at the medical facility.
5. The proceedings and records of a patient safety committee are
subject to the same privilege and protection from discovery as the
proceedings and records described in NRS 49.265 .
(Added to NRS by 2002 Special Session, 15 )
No person
is subject to any criminal penalty or civil liability for libel, slander
or any similar cause of action in tort if he, without malice:
1. Reports a sentinel event to a governmental entity with
jurisdiction or another appropriate authority;
2. Notifies a governmental entity with jurisdiction or another
appropriate authority of a sentinel event;
3. Transmits information regarding a sentinel event to a
governmental entity with jurisdiction or another appropriate authority;
4. Compiles, prepares or disseminates information regarding a
sentinel event to a governmental entity with jurisdiction or another
appropriate authority; or
5. Performs any other act authorized pursuant to NRS 439.800
to 439.890 , inclusive.
(Added to NRS by 2002 Special Session, 16 ; A 2005, 600 )
If a medical facility:
1. Commits a violation of any provision of NRS 439.800 to 439.890 ,
inclusive, or for any violation for which an administrative sanction
pursuant to NRS 449.163 would otherwise
be applicable; and
2. Of its own volition, reports the violation to the Administrator,
Ê such a violation must not be used as the basis for imposing an
administrative sanction pursuant to NRS 449.163 .
(Added to NRS by 2002 Special Session, 16 ; A 2005, 600 )
The Administrator shall
adopt such regulations as the Administrator determines to be necessary or
advisable to carry out the provisions of NRS 439.800 to 439.890 ,
inclusive.
(Added to NRS by 2002 Special Session, 16 ; A 2005, 600 )
As used in this chapter, unless the
context requires otherwise:
1. “Administrator” means the Administrator of the Health Division.
2. “Department” means the Department of Health and Human Services.
3. “Director” means the Director of the Department.
4. “Health authority” means the officers and agents of the Health
Division or the officers and agents of the local boards of health.
5. “Health Division” means the Health Division of the Department.
(Added to NRS by 1963, 938; A 1967, 1168; 1969, 1018; 1973, 1406;
1983, 832)
HEALTH DIVISION OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration
The provisions of this
chapter must be administered by the Administrator and the Health
Division, subject to administrative supervision by the Director.
[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A
1963, 938; 1967, 1168; 1973, 1406; 1983, 832)
The Department,
through the Health Division, may accept and direct the disbursement of
money appropriated by any Act of Congress and apportioned or allocated to
the State of Nevada for health purposes. This federal money must be
deposited in the State Treasury for credit to the State Health Division
Federal Account within the State General Fund.
(Added to NRS by 1975, 257; A 1983, 397; 1989, 1472)
1. The State Board of Health, consisting of seven members
appointed by the Governor, is hereby created.
2. The Governor shall appoint:
(a) Two members who are doctors of medicine who have been licensed
to practice in this State and have engaged in the practice of medicine in
this State for not less than 5 years immediately prior to their
appointment.
(b) One member who is a doctor of dental surgery who has been
licensed to practice in this State and has engaged in the practice of
dentistry in this State for not less than 5 years immediately prior to
his appointment.
(c) One member who is a doctor of veterinary medicine who has been
licensed to practice in this State and has engaged in the practice of
veterinary medicine in this State for not less than 5 years immediately
preceding his appointment.
(d) One member who is a registered nurse who has been licensed by
this State and has engaged in nursing for at least 5 years immediately
prior to his appointment.
(e) One member who is a general engineering contractor or general
building contractor who is licensed by this State.
(f) One member who is a representative of the general public.
[1:199:1911; A 1919, 221; 1939, 297; 1931 NCL § 5235]—(NRS A 1959,
92; 1967, 278; 1977, 633)
After the
initial terms, the term of office of each member of the State Board of
Health is 4 years.
[Part 3:199:1911; A 1939, 297; 1931 NCL § 5237]—(NRS A 1959, 93;
1977, 633)
1. The State Board of Health may meet regularly at least once
every 6 months.
2. The State Board of Health may hold such special meetings as may
be called by the Chairman. A special meeting must be called whenever
requested by the State Health Officer, the Administrator or by two
members of the Board.
3. Four members constitute a quorum, but a concurrence of at least
a majority of the members of the Board is required on all questions.
[Part 2:199:1911; A 1939, 297; 1931 NCL § 5236]—(NRS A 1971, 358;
1977, 633; 1981, 398; 1983, 832, 1443)
The Administrator is the Executive Officer of the State Board of Health
and he shall act as Secretary of the Board. He shall not be a member of
the Board.
[Part 3:199:1911; A 1939, 297; 1931 NCL § 5237] + [Part 5:199:1911;
A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A 1983, 832)
1. Each appointive member of the State Board of Health is entitled
to receive a salary of not more than $80 per day, as fixed by the Board,
while attending meetings of the Board.
2. While engaged in the business of the State Board of Health,
each member and employee of the Board is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
[Part 2:199:1911; A 1939, 297; 1931 NCL § 5236]—(NRS A 1963, 938;
1975, 298; 1981, 1983; 1985, 424; 1989, 1715)
1. The State Health Officer must:
(a) Be a citizen of the United States.
(b) Be licensed, or eligible for licensure, as a physician or
administrative physician in Nevada.
2. The Administrator must have 2 years’ experience, or the
equivalent, in a responsible administrative position in:
(a) A full-time county or city health facility or department; or
(b) A major health program at a state or national level.
[Part 4:199:1911; A 1919, 221; 1939, 297; 1941, 89; 1943, 215;
1947, 752; 1943 NCL § 5238]—(NRS A 1960, 443; 1963, 1184, 1321; 1981,
274; 1983, 833; 2003, 1884 )
1. The Director shall appoint a State Health Officer.
2. The position of State Health Officer must be filled by the
Director within 6 months after it becomes vacant, except that if a
qualified applicant does not accept the position within that period, the
Director shall continue his efforts to fill the position until a
qualified person accepts the appointment.
3. The State Health Officer is in the unclassified service of the
State and serves at the pleasure of the Director.
[Part 4:199:1911; A 1919, 221; 1939, 297; 1941, 89; 1943, 215;
1947, 752; 1943 NCL § 5238]—(NRS A 1960, 444; 1963, 1184; 1987, 172;
2003, 1884 )
1. Except as otherwise provided in subsection 2 and NRS 284.143
, the State Health Officer shall devote
his full time to his official duties and shall not engage in any other
business or occupation.
2. Notwithstanding the provisions of NRS 281.127 , the State Health Officer may cooperate with
the Nevada System of Higher Education in the preparation and teaching of
preservice professional workers in public health and in a program
providing additional professional preparation for public health workers
employed by the State of Nevada.
[Part 4:199:1911; A 1919, 221; 1939, 297; 1941, 89; 1943, 215;
1947, 752; 1943 NCL § 5238]—(NRS A 1960, 70; 1969, 1442; 1993, 403; 1995,
2314)
1. The State Health Officer shall:
(a) Enforce all laws and regulations pertaining to the public
health.
(b) Investigate causes of disease, epidemics, source of mortality,
nuisances affecting the public health, and all other matters related to
the health and life of the people, and to this end he may enter upon and
inspect any public or private property in the State.
(c) Direct the work of subordinates and may authorize them to act
in his place and stead.
(d) Perform such other duties as the Director may, from time to
time, prescribe.
2. The Administrator shall direct the work of the Health Division,
administer the Division and perform such other duties as the Director
may, from time to time, prescribe.
[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A
1963, 939; 1983, 833)
As provided in chapter 585 of NRS, the Administrator shall designate and
appoint, for the enforcement of chapter 585
of NRS, a Commissioner and such other agent or agents as he may deem
necessary.
(Added to NRS by 1959, 617; A 1963, 939; 1969, 616; 1983, 833)
1. With the approval of the Director, the Administrator shall
appoint and may remove subordinate officers and employees of the Health
Division.
2. For the purpose of insuring the impartial selection of
personnel on the basis of merit, the Administrator may fill all positions
in the Health Division, with the exception of the positions of State
Health Officer and professional persons employed for part-time duties,
from the classified service of the State.
[Part 5:199:1911; A 1939, 297; 1945, 130; 1943 NCL § 5239]—(NRS A
1963, 939; 1983, 833; 1985, 424)
Powers and Duties
[Effective through June 30, 2007.]
1. The State Board of Health is hereby declared to be supreme in
all nonadministrative health matters. It has general supervision over all
matters, except for administrative matters, relating to the preservation
of the health and lives of citizens of this State and over the work of
the State Health Officer and all district, county and city health
departments, boards of health and health officers.
2. The Department is hereby designated as the agency of this State
to cooperate with the federal authorities in the administration of those
parts of the Social Security Act which relate to the general promotion of
Public Health. It may receive and expend all money made available to the
Health Division by the Federal Government, the State of Nevada or its
political subdivisions, or from any other source, for the purposes
provided in this chapter. In developing and revising any state plan in
connection with federal assistance for health programs, the Department
shall consider, without limitation, the amount of money available from
the Federal Government for those programs, the conditions attached to the
acceptance of that money and the limitations of legislative
appropriations for those programs.
3. Except as otherwise provided in NRS 458.025 and 576.128 ,
the State Board of Health may set reasonable fees for the:
(a) Licensing, registering, certifying, inspecting or granting of
permits for any facility, establishment or service regulated by the
Health Division;
(b) Programs and services of the Health Division;
(c) Review of plans; and
(d) Certification and licensing of personnel.
Ê Fees set pursuant to this subsection must be calculated to produce for
that period the revenue from the fees projected in the budget approved
for the Health Division by the Legislature.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259] +
[Part 6 1/2:199:1911; added 1939, 297; 1931 NCL § 5259.02]—(NRS A 1963,
939; 1967, 1168; 1973, 1406; 1981, 1599, 1898; 1987, 773; 1997, 3172;
2001, 415 )
[Effective July 1, 2007.]
1. The State Board of Health is hereby declared to be supreme in
all nonadministrative health matters. It has general supervision over all
matters, except for administrative matters, relating to the preservation
of the health and lives of citizens of this State and over the work of
the State Health Officer and all district, county and city health
departments, boards of health and health officers.
2. The Department is hereby designated as the agency of this State
to cooperate with the federal authorities in the administration of those
parts of the Social Security Act which relate to the general promotion of
Public Health. It may receive and expend all money made available to the
Health Division by the Federal Government, the State of Nevada or its
political subdivisions, or from any other source, for the purposes
provided in this chapter. In developing and revising any state plan in
connection with federal assistance for health programs, the Department
shall consider, without limitation, the amount of money available from
the Federal Government for those programs, the conditions attached to the
acceptance of that money and the limitations of legislative
appropriations for those programs.
3. Except as otherwise provided in NRS 576.128 , the State Board of Health may set reasonable
fees for the:
(a) Licensing, registering, certifying, inspecting or granting of
permits for any facility, establishment or service regulated by the
Health Division;
(b) Programs and services of the Health Division;
(c) Review of plans; and
(d) Certification and licensing of personnel.
Ê Fees set pursuant to this subsection must be calculated to produce for
that period the revenue from the fees projected in the budget approved
for the Health Division by the Legislature.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259] +
[Part 6 1/2:199:1911; added 1939, 297; 1931 NCL § 5259.02]—(NRS A 1963,
939; 1967, 1168; 1973, 1406; 1981, 1599, 1898; 1987, 773; 1997, 3172;
2001, 415 ; 2005, 22nd Special Session, 54 , effective July 1, 2007)
1. The Health Division is charged with:
(a) The thorough and efficient execution of the provisions of this
chapter in every part of the State; and
(b) Supervisory power over local health officers,
Ê to the end that all of the requirements of this chapter shall be
uniformly complied with.
2. The Health Division shall have authority to investigate cases
of irregularity or violation of the law, and all local health officers
shall aid the Health Division, upon request, in such investigations.
[Part 22:199:1911; RL § 2973; NCL § 5256]—(NRS A 1963, 939)
The Health Division shall take such
measures as may be necessary to prevent the spread of sickness and
disease, and shall possess all powers necessary to fulfill the duties and
exercise the authority prescribed by law and to bring actions in the
courts for the enforcement of all health laws and lawful rules and
regulations.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL §
5259]—(NRS A 1963, 940)
The
Administrator shall make a biennial report to the Director, setting forth
the condition of public health in the State and making such
recommendations for legislation, appropriations and other matters as are
deemed necessary or desirable.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL §
5259]—(NRS A 1963, 940; 1983, 833)
The State Board of Health may
hold hearings and summon witnesses to testify before it.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL § 5259]
1. The State Board of Health may by affirmative vote of a majority
of its members adopt, amend and enforce reasonable regulations consistent
with law:
(a) To define and control dangerous communicable diseases.
(b) To prevent and control nuisances.
(c) To regulate sanitation and sanitary practices in the interests
of the public health.
(d) To provide for the sanitary protection of water and food
supplies.
(e) To govern and define the powers and duties of local boards of
health and health officers, except with respect to the provisions of NRS
444.440 to 444.620 , inclusive, 444.650 , 445A.170
to 445A.955 , inclusive, and chapter
445B of NRS.
(f) To protect and promote the public health generally.
(g) To carry out all other purposes of this chapter.
2. Except as otherwise provided in NRS 444.650 , those regulations have the effect of law and
supersede all local ordinances and regulations inconsistent therewith,
except those local ordinances and regulations which are more stringent
than the regulations provided for in this section.
3. The State Board of Health may grant a variance from the
requirements of a regulation if it finds that:
(a) Strict application of that regulation would result in
exceptional and undue hardship to the person requesting the variance; and
(b) The variance, if granted, would not:
(1) Cause substantial detriment to the public welfare; or
(2) Impair substantially the purpose of that regulation.
4. Each regulation adopted by the State Board of Health must be
published immediately after adoption and issued in pamphlet form for
distribution to local health officers and the residents of the State.
[Part 25:199:1911; added 1919, 221; A 1939, 297; 1931 NCL §
5259]—(NRS A 1969, 880; 1971, 137, 807; 1977, 1138; 1979, 703; 1983, 329,
1129; 1987, 775; 1991, 2189)
1. All superintendents or managers, or other persons in charge of
hospitals, almshouses, lying-in or other institutions, public or private,
to which persons resort for treatment of diseases, or confinement, or are
committed by process of law, shall make a record of all the personal and
statistical particulars relative to the inmates of their institutions at
the time of their admission on the forms of the certificates provided for
by law and as directed by the State Board of Health.
2. In case of persons admitted or committed for medical treatment
of disease, the physician in charge shall specify for entry in the record
the nature of the disease and where, in his opinion, it was contracted.
3. The personal particulars and information required by this
section shall be obtained from the individual himself, if it is
practicable to do so. When they cannot be so obtained, they shall be
secured in as complete a manner as possible from relatives, friends or
other persons acquainted with the facts.
[Part 17:199:1911; A 1915, 249; 1951, 312; 1953, 311]
1. The University of Nevada School of Medicine shall maintain the
State Hygienic Laboratory, heretofore established pursuant to the
provisions of chapter 230, Statutes of Nevada 1909, and may establish and
maintain such branch laboratories as may be necessary.
2. The purpose of the State Hygienic Laboratory is:
(a) To make available, at such charges as may be established, to
health officials, the State Dairy Commission and licensed physicians of
the State, proper laboratory facilities for the prompt diagnosis of
communicable diseases.
(b) To make necessary examinations and analyses of water, natural
ice, sewage, milk, food and clinical material.
(c) To conduct research into the nature, cause, diagnosis and
control of diseases.
(d) To undertake such other technical and laboratory duties as are
in the interest of the health of the general public.
3. The person in charge of the State Hygienic Laboratory, or his
designee, must be a skilled bacteriologist.
4. The person in charge of the State Hygienic Laboratory may have
such technical assistants as that person, in cooperation with the
University of Nevada School of Medicine, considers necessary.
5. Reports of investigations conducted at the State Hygienic
Laboratory may be published from time to time in bulletins and circulars.
[1:230:1909; RL § 3941; NCL § 7060] + [2:230:1909; RL § 3942; NCL §
7061] + [3:230:1909; RL § 3943; NCL § 7062] + [4:230:1909; RL § 3944; NCL
§ 7063] + [5:230:1909; RL § 3945; NCL § 7064] + [33:199:1911; added 1919,
221; A 1939, 297; 1945, 177; 1943 NCL § 5267]—(NRS A 1963, 268, 1185;
1983, 833; 1997, 1204; 2001, 2438 )
