USA Statutes : nevada
Title : Title 40 - PUBLIC HEALTH AND SAFETY
Chapter : CHAPTER 442 - MATERNAL AND CHILD HEALTH; ABORTION
As used in this chapter, unless the
context requires otherwise:
1. “Advisory Board” means the Advisory Board on Maternal and Child
Health.
2. “Department” means the Department of Health and Human Services.
3. “Director” means the Director of the Department.
4. “Fetal alcohol syndrome” includes fetal alcohol effects.
5. “Health Division” means the Health Division of the Department.
6. “Obstetric center” has the meaning ascribed to it in NRS
449.0155 .
7. “Provider of health care or other services” means:
(a) An alcohol and drug abuse counselor who is licensed or
certified pursuant to chapter 641C of NRS;
(b) A physician or a physician assistant who is licensed pursuant
to chapter 630 or an osteopathic physician
who is licensed pursuant to chapter 633 of
NRS and who practices in the area of obstetrics and gynecology, family
practice, internal medicine, pediatrics or psychiatry;
(c) A licensed nurse;
(d) A licensed psychologist;
(e) A licensed marriage and family therapist;
(f) A licensed social worker; or
(g) The holder of a certificate of registration as a pharmacist.
(Added to NRS by 1963, 946; A 1967, 1169; 1973, 1406; 1991, 2295;
1999, 1062 , 3510 ; 2001, 415 , 781 ; 2003, 1179 )
The State Health Officer
and the Health Division shall administer the provisions of this chapter
in accordance with the regulations of the State Board of Health and
subject to administrative supervision by the Director.
(Added to NRS by 1963, 946)
1. The State Board of Health shall adopt regulations establishing
standards for perinatal care provided by any provider of health care,
based on recommendations submitted to the Board by the School of Medicine
and School of Nursing of the Nevada System of Higher Education.
2. As used in this section, “provider of health care” has the
meaning ascribed to it in NRS 629.031 .
(Added to NRS by 1987, 1189; A 1993, 403)
1. The State Board of Health, upon the recommendation of the State
Health Officer, shall adopt regulations governing examinations and tests
required for the discovery in infants of preventable or inheritable
disorders, including tests for the presence of sickle cell anemia.
2. Any physician, midwife, nurse, obstetric center or hospital of
any nature attending or assisting in any way any infant, or the mother of
any infant, at childbirth shall make or cause to be made an examination
of the infant, including standard tests, to the extent required by
regulations of the State Board of Health as is necessary for the
discovery of conditions indicating such disorders.
3. If the examination and tests reveal the existence of such
conditions in an infant, the physician, midwife, nurse, obstetric center
or hospital attending or assisting at the birth of the infant shall
immediately:
(a) Report the condition to the State Health Officer or his
representative, the local health officer of the county or city within
which the infant or the mother of the infant resides, and the local
health officer of the county or city in which the child is born; and
(b) Discuss the condition with the parent, parents or other persons
responsible for the care of the infant and inform them of the treatment
necessary for the amelioration of the condition.
4. An infant is exempt from examination and testing if either
parent files a written objection with the person or institution
responsible for making the examination or tests.
(Added to NRS by 1967, 208; A 1977, 114, 960; 1989, 1893; 1999,
1062 , 3511 )—(Substituted in revision for NRS 442.115)
SYPHILIS
1. Except as provided in subsection 5, every:
(a) Physician attending a pregnant woman during gestation for
conditions relating to her pregnancy shall make an examination, including
a standard serological test, for the discovery of syphilis. He shall take
or cause to be taken a sample of blood of the woman during the third
trimester and shall submit the sample to a qualified laboratory for a
standard serological test for syphilis.
(b) Person permitted by law to attend upon pregnant women, but not
permitted by law to make blood tests in Nevada, shall cause a sample of
the blood of the pregnant woman to be taken during the third trimester by
a duly licensed physician and submitted to a qualified laboratory for a
standard serological test for syphilis.
2. A qualified laboratory is one approved by the State Board of
Health. A qualified serological test for syphilis is one recognized as
such by the State Board of Health.
3. If the test is made in a state laboratory, it must be made
without charge.
4. If the serological or physical examination test shows the
pregnant woman is infected with syphilis, she immediately shall commence
treatment for syphilis and shall continue treatment until discharged by a
licensed physician.
5. If the pregnant woman objects to the taking of the sample of
blood or the serological test because the test is contrary to the tenets
or practices of her religion, the sample must not be taken and the test
must not be performed.
[Part 13:199:1911; A 1941, 353; 1931 NCL § 5247]—(NRS A 1981, 1207)
Any person violating any of the provisions
of NRS 442.010 shall be guilty of a
misdemeanor.
[39:199:1911; added 1939, 297; 1931 NCL § 5268.05]—(NRS A 1967, 579)
OPHTHALMIA NEONATORUM
Any inflammation, swelling or unusual redness in either one or both eyes
of an infant, either apart from, or together with, any unnatural
discharge from the eye or eyes of such infant, independent of the nature
of the infection, if any, occurring at any time within 2 weeks after the
birth of such infant, shall be known as “inflammation of the eyes of the
newborn” (ophthalmia neonatorum).
[1:230:1921; NCL § 5290]
1. Any physician, midwife, nurse, obstetric center or hospital of
any nature, parent, relative or person attending or assisting in any way
any infant, or the mother of any infant, at childbirth, or any time
within 2 weeks after childbirth, knowing the condition defined in NRS
442.030 to exist, shall immediately
report such fact in writing to the local health officer of the county,
city or other political subdivision within which the infant or the mother
of any infant may reside.
2. Midwives shall immediately report conditions to some qualified
practitioner of medicine and thereupon withdraw from the case except as
they may act under the physician’s instructions.
3. On receipt of such report, the health officer, or the physician
notified by a midwife, shall immediately give to the parents or persons
having charge of such infant a warning of the dangers to the eye or eyes
of the infant, and shall, for indigent cases, provide the necessary
treatment at the expense of the county, city or other political
subdivision.
[2:230:1921; NCL § 5291]—(NRS A 1977, 960; 1999, 3511 )
It shall be unlawful for any physician or midwife
practicing midwifery to neglect or otherwise fail to instill or have
instilled in the eyes of the newborn baby, immediately upon its birth,
some germicide of proven efficiency in preventing the development of
ophthalmia neonatorum.
[3:230:1921; NCL § 5292]
Every physician or midwife shall, in making a
report of a birth, state whether or not the germicide described in NRS
442.050 was instilled into the eyes of
the infant.
[4:230:1921; NCL § 5293]
The local health
officer shall:
1. Investigate, or have investigated, each case as filed with him
in pursuance of the law, and any other cases which may come to his
attention.
2. Report all cases of inflammation of the eyes of the newborn,
and the result of all such investigations as the State Board of Health
may direct.
3. Conform to such other rules and regulations as the State Board
of Health shall promulgate for his further guidance.
[5:230:1921; NCL § 5294]
The Health Division shall:
1. Enforce the provisions of NRS 442.030 to 442.110 ,
inclusive.
2. Publish such advice and information concerning the dangers of
inflammation of the eyes of the newborn as is necessary for prompt and
effective treatment.
3. Furnish copies of NRS 442.030
to 442.110 , inclusive, to all
physicians and midwives who may be engaged in the practice of obstetrics,
or assisting at childbirth.
4. Keep the proper record of any and all cases of inflammation of
the eyes of the newborn which shall be filed in the office of the Health
Division in pursuance of the law, and which may come to its attention in
any way, and constitute such records as part of the biennial report to
the Director.
5. Report any and all violations of NRS 442.030 to 442.110 ,
inclusive, that may come to its attention to the district attorney of the
county wherein the misdemeanor may have been committed, and shall assist
the district attorney in any way possible, such as securing necessary
evidence.
6. Furnish birth certificates, which shall include the question,
“Did you comply with NRS 442.050 ? If
so, state what solution used.”
7. Within the limit of funds available, provide medical services,
appliances, drugs and information for birth control.
[6:230:1921; NCL § 5295]—(NRS A 1963, 947; 1965, 529)
The State Board
of Health shall promulgate such rules and regulations as shall, under NRS
442.030 to 442.110 , inclusive, be necessary for the purposes of
such sections, and such as the State Board of Health may deem necessary
for the further guidance of local health officers.
(Added to NRS by 1963, 947)
None of the provisions of NRS 442.030 to 442.110 ,
inclusive, or the laws of this State regulating the practice of medicine
or healing shall be construed to interfere with the 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.
[10:230:1921; NCL § 5299]
Any physician, midwife, nurse, manager or
person in charge of an obstetric center or hospital, parent, relative or
person attending upon or assisting at the birth of an infant who violates
any of the provisions of NRS 442.030 to
442.100 , inclusive, shall be punished
by a fine of not more than $250.
[8:230:1921; NCL § 5297]—(NRS A 1967, 579; 1977, 960; 1979, 1470;
1999, 3511 )
SICKLE CELL ANEMIA
The State Board of Health shall establish an
Advisory Committee Concerning Sickle Cell Anemia. The Advisory Committee
shall, in cooperation with the State Board of Education, the University
of Nevada School of Medicine, and any public or private agencies that
perform work related to sickle cell anemia:
1. Gather information concerning the need for screening and
awareness programs concerning sickle cell anemia, appropriate settings
for such programs, and the manner of establishing and conducting such
programs.
2. Make recommendations to the State Board of Education, the State
Board of Health, and any other appropriate authorities concerning the
establishment of targeted screening and awareness programs concerning
sickle cell anemia.
3. Make recommendations to the State Board of Education, the State
Board of Health, and any other appropriate state agency concerning the
adoption of regulations necessary to implement the programs.
(Added to NRS by 1989, 1893)
GRANTS TO SUBSIDIZE MALPRACTICE INSURANCE
As used in NRS 442.119 to 442.1198 , inclusive, unless the context otherwise
requires:
1. “Health officer” includes a local health officer, a city health
officer, a county health officer and a district health officer.
2. “Medicaid” has the meaning ascribed to it in NRS 439B.120
.
3. “Medicare” has the meaning ascribed to it in NRS 439B.130
.
4. “Provider of prenatal care” means:
(a) A physician who is licensed in this state and certified in
obstetrics and gynecology, family practice, general practice or general
surgery.
(b) A certified nurse midwife who is licensed by the State Board of
Nursing.
(c) An advanced practitioner of nursing who has specialized skills
and training in obstetrics or family nursing.
(d) A physician assistant who has specialized skills and training
in obstetrics or family practice.
(Added to NRS by 1991, 2159; A 1995, 2685; 2001, 782 ; 2003, 20th Special Session, 274 )
1. A provider of prenatal care who provides services to pregnant
women, or a health officer acting on behalf of a provider of prenatal
care who provides services to pregnant women, in a county or community
that lacks services for prenatal care may submit an application to the
University of Nevada School of Medicine for a grant to subsidize a
portion of the malpractice insurance of the provider of prenatal care who
provides services to pregnant women in the county or community.
2. A county or community lacks services for prenatal care if at
least one of the following conditions is present:
(a) A provider of prenatal care does not offer services to pregnant
women within the county or the community.
(b) Fifty percent or more of the live births to women who are
residents of the county occur outside the county.
(c) The percentage of live births to women in the county or
community who received no prenatal care exceeds the percentage of live
births to women in the State who received no prenatal care.
(d) The percentage of live births of babies with low birthweight to
women in the county or community is higher than the percentage of live
births of babies with low birthweight to women in the State.
3. If a county or district health officer applies for a grant on
behalf of a provider of prenatal care, the county or district health
officer must provide proof of the financial contribution by the county or
district for the provision of prenatal services for women who do not
qualify for reimbursement pursuant to the State Plan for Medicaid.
(Added to NRS by 1991, 2159; A 1997, 1255; 2003, 20th Special
Session, 275 )
1. The University of Nevada School of Medicine may grant money to
a provider of prenatal care or a health officer acting on behalf of a
provider of prenatal care who submits an application pursuant to NRS
442.1192 to furnish a subsidy for the
malpractice insurance of the provider of prenatal care who provides
services in a county or community that lacks services for prenatal care
for women.
2. A grant from the University of Nevada School of Medicine may
subsidize the malpractice insurance of the provider of prenatal care in
an amount up to the difference between the cost of the malpractice
insurance of the provider of prenatal care with coverage for the
provision of prenatal care and without such coverage.
(Added to NRS by 1991, 2160; A 2003, 20th Special Session, 275
)
1. The application submitted pursuant to NRS 442.1192 for a grant to subsidize the malpractice
insurance of a provider of prenatal care must be on the form required by
the University of Nevada School of Medicine.
2. The application must contain:
(a) If the applicant is a health officer applying on behalf of a
provider of prenatal care, information concerning the collaboration
between the health officer and the provider of prenatal care and medical
facilities within the county or community.
(b) A plan for providing prenatal care for women in the county or
community who have low incomes or who do not qualify for any state
program for medical care.
(c) A plan for improving the health care of pregnant women in the
county or community.
3. To be eligible for a subsidy for his malpractice insurance, a
provider of prenatal care must submit evidence that:
(a) He has completed training in prenatal care that is approved by
the University of Nevada School of Medicine;
(b) He is currently covered by malpractice insurance;
(c) He accepts reimbursement for services rendered from Medicaid
and Medicare; and
(d) He will continue to provide prenatal care in the specified
county or community for not less than 1 year.
(Added to NRS by 1991, 2160; A 1995, 2685; 2003, 20th Special
Session, 276 )
A provider of prenatal care who receives a subsidy for his
malpractice insurance pursuant to NRS 442.119 to 442.1198 , inclusive, shall:
1. Attend 15 hours per year of continuing education concerning
risk management or the care of a patient relating to prenatal services
and submit documentation of attendance at the continuing education to the
University of Nevada School of Medicine.
2. Collect data as required by the University of Nevada School of
Medicine or the Health Division.
3. Provide prenatal care for a woman without regard to her
economic status or ability to pay.
4. Refer a pregnant woman to another provider of prenatal care if,
in the judgment of the provider, he cannot provide the care required by
the woman.
5. Carry out the plan for improving the health care of pregnant
women in the county or community pursuant to paragraph (c) of subsection
2 of NRS 442.1196 .
(Added to NRS by 1991, 2160)
SERVICES UNDER SOCIAL SECURITY ACT
Agency to Cooperate With Federal Authorities
The Department is hereby
designated as the agency of this State to cooperate, through the Health
Division, with the duly constituted federal authorities in the
administration of those parts of the Social Security Act which relate to
the maternal and child health services and the care and treatment of
children with special health care needs, and is authorized to receive and
expend all funds made available to the Department by the Federal
Government, the State or its political subdivisions, or from any other
source for the purposes provided in this chapter.
[Part 6 1/2:199:1911; added 1939, 297; 1931 NCL § 5259.02]—(NRS A
1963, 947; 1991, 282)
Services for Maternal and Child Health
1. The Department is hereby designated as the agency of this State
to administer, through the Health Division, a maternal and child health
program, and to supervise the administration of those services included
in the program which are not administered directly by it.
2. The purpose of such program shall be to develop, extend and
improve health services, and to provide for development of demonstration
services in needy areas for mothers and children.
[1:126:1927; 1931 NCL § 5317.01]—(NRS A 1963, 947)
1. The Advisory Board on Maternal and Child Health is hereby
created.
2. The Advisory Board consists of:
(a) Nine members to be appointed by the Governor from a list of
persons provided by the Administrator of the Health Division;
(b) One member of the Senate appointed by the Legislative
Commission; and
(c) One member of the Assembly appointed by the Legislative
Commission.
3. The members who are:
(a) Appointed by the Governor serve terms of 2 years.
(b) Legislators serve terms that begin on the third Monday in
January of odd-numbered years and end the third Monday in January of the
next odd-numbered year.
Ê Any member of the Advisory Board may be reappointed.
4. Except during a regular or special session of the Legislature,
each Legislator who is a member of the Advisory Board is entitled to
receive the compensation provided for a majority of the members of the
Legislature during the first 60 days of the preceding regular session for
each day or portion of a day during which he attends a meeting of the
Advisory Board or is otherwise engaged in the work of the Advisory Board
and the per diem allowance and travel expenses provided for state
officers and employees generally. The salaries, per diem and travel
expenses of the legislative members must be paid from the Legislative
Fund. Each nonlegislative member of the Advisory Board serves without
compensation but 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 must be paid from the Account for
Maternal and Child Health Services.
(Added to NRS by 1991, 2294)
1. The Advisory Board shall meet at least quarterly and at the
times and places specified by the call of the Chairman.
2. The members of the Advisory Board shall elect a Chairman and a
Vice Chairman from among their membership.
3. The Chairman may appoint a subcommittee of the Board to study
and make recommendations regarding a specific issue as requested by the
Administrator or a Board member. The composition of the subcommittee must
be approved by a majority vote of the Board.
(Added to NRS by 1991, 2295)
The purpose of the Advisory Board is to advise the
Administrator of the Health Division concerning perinatal care to enhance
the survivability and health of infants and mothers, and concerning
programs to improve the health of preschool children, to achieve the
following objectives:
1. Ensuring the availability and accessibility of primary care
health services;
2. Reducing the rate of infant mortality;
3. Reducing the incidence of preventable diseases and handicapping
conditions among children;
4. Identifying the most effective methods of preventing fetal
alcohol syndrome and collecting information relating to the incidence of
fetal alcohol syndrome in this state;
5. Preventing the consumption of alcohol by women during pregnancy;
6. Reducing the need for inpatient and long-term care services;
7. Increasing the number of children who are appropriately
immunized against disease;
8. Increasing the number of children from low-income families who
are receiving assessments of their health;
9. Ensuring that services to follow up the assessments are
available, accessible and affordable to children identified as in need of
those services;
10. Assisting the Health Division in developing a program of
public education that it is required to develop pursuant to NRS 442.385
, including, without limitation,
preparing and obtaining information relating to fetal alcohol syndrome;
11. Assisting the University of Nevada School of Medicine in
reviewing, amending and distributing the guidelines it is required to
develop pursuant to NRS 442.390 ; and
12. Promoting the health of infants and mothers by ensuring the
availability and accessibility of affordable perinatal services.
(Added to NRS by 1991, 2295; A 2003, 1360 )
1. The Department may:
(a) Formulate, adopt and administer, through the State Board of
Health and the Health Division, a detailed plan for the purposes
specified in NRS 442.130 .
(b) Adopt, through the State Board of Health, regulations necessary
for the administration of the plan and the administration of NRS 442.130
to 442.170 , inclusive.
2. In developing and revising the plan, the Department shall
consider:
(a) The amount of money available from the Federal Government for
services relating to maternal and child health;
(b) The conditions attached to the acceptance of money from the
Federal Government; and
(c) The limitations of legislative appropriations for services
relating to maternal and child health.
[Part 2:126:1937; 1931 NCL § 5317.02]—(NRS A 1963, 948; 1981, 1899;
1991, 2295)
A plan
formulated in accordance with NRS 442.140 must include provisions for:
1. Financial participation by this State.
2. Administration of the plan by the Department, through the
Health Division, and supervision by the Department, through the Health
Division, of the administration of any service included in the plan that
is not administered directly by the Health Division.
3. Such methods of administration as are necessary for efficient
operation of the plan.
4. Maintenance of records and preparation, submission and filing
of reports of services rendered.
5. Cooperation with local medical, health, nursing and welfare
groups and organizations for the purpose of extending and improving
maternal and child health.
6. Receiving and expending in the manner provided in NRS 442.130
to 442.170 , inclusive, and in accordance with the plan,
any money made available to the Department by the Federal Government, the
State or its political subdivisions, or from any other source.
7. Cooperating with the Federal Government, through its
appropriate agency or instrumentality:
(a) In developing, extending and improving services;
(b) In the administration of the plan; and
(c) In developing demonstration services in needy areas among
groups in special need.
8. Carrying out the purposes specified in NRS 442.130 .
[Part 2:126:1937; 1931 NCL § 5317.02]—(NRS A 1963, 948; 1991, 2296)
The Department, through the State Board of Health and the Health
Division, shall include testing for amblyopia in the state plan for a
maternal and child health program as provided in NRS 442.140 .
(Added to NRS by 1977, 451)
1. The Administrator of the Health Division is the administrative
officer of the Health Division with respect to the administration and
enforcement of:
(a) The provisions of NRS 442.130
to 442.170 , inclusive;
(b) The plan formulated and adopted for the purposes of NRS 442.130
to 442.170 , inclusive; and
(c) All regulations necessary thereto and adopted by the State
Board of Health.
2. The Administrator shall administer and enforce all regulations
adopted by the State Board of Health for the efficient operation of the
plan formulated by the State Board of Health and the Health Division for
the purposes of NRS 442.130 to 442.170
, inclusive.
3. The Administrator shall:
(a) Maintain his office in Carson City, Nevada, or elsewhere in the
State as directed by the Director.
(b) Keep in his office all records, reports, papers, books and
documents pertaining to the subjects of NRS 442.130 to 442.170 ,
inclusive.
(c) If directed by the terms of the plan or by the Director,
provide such medical, surgical or other services as are necessary to
carry out the provisions of the plan and of NRS 442.130 to 442.170 ,
inclusive.
4. The Administrator, with the assistance of the State Health
Officer, shall make such reports, in such form and containing such
information concerning the subjects of NRS 442.130 to 442.170 ,
inclusive, as required by the Secretary of Health and Human Services.
5. The Administrator shall, in accordance with the rules and
regulations of the Secretary of Health and Human Services and of the
Secretary of the Treasury, requisition and cause to be deposited with the
State Treasurer all money allotted to this State by the Federal
Government for the purposes of NRS 442.130 to 442.170 ,
inclusive. The Administrator shall cause to be paid out of the State
Treasury the money deposited for the purposes of NRS 442.130 to 442.170 ,
inclusive.
[3:126:1937; 1931 NCL § 5317.03]—(NRS A 1963, 948; 1983, 137, 834;
1991, 2296)
1. The State Treasurer is custodian of all money appropriated by
this State, allotted to this State by the Federal Government or received
by this State from other sources, for the purposes of NRS 442.130 to 442.170 ,
inclusive.
2. The Division shall deposit the money in the State Treasury for
credit to the Account for Maternal and Child Health Services.
3. All claims and demands against the Account must be paid only
upon the Administrator’s certifying the claims and demands in proper
vouchers to the State Controller who shall thereupon draw his warrant or
warrants therefor, and the State Treasurer shall pay them.
[4:126:1937; 1931 NCL § 5317.04]—(NRS A 1963, 949; 1983, 397, 835;
1991, 2297)
Services for Children With Special Health Care Needs
1. The Department is hereby designated as the agency of this State
to administer a program of service for children who have special health
care needs or who are suffering from conditions which lead to a handicap,
and to supervise the administration of those services included in the
program which are not administered directly by it.
2. The purpose of the program is to develop, extend and improve
services for locating such children, and for providing for medical,
surgical, corrective and other services and care, and providing
facilities for diagnosis, hospitalization and aftercare.
[1:119:1937; 1931 NCL § 5316.01]—(NRS A 1963, 949; 1991, 282)
1. The Department may:
(a) Formulate, adopt and administer, through the State Board of
Health and the Health Division, a detailed plan or plans for the purposes
specified in NRS 442.180 .
(b) Adopt, through the State Board of Health, regulations necessary
for the administration of the plan or plans and the administration of NRS
442.180 to 442.220 , inclusive.
2. In developing and revising the plan or plans, the Department
shall consider, among other things, the amount of money available from
the Federal Government for services to children with special health care
needs and the conditions attached to the acceptance of such money, and
the limitations of legislative appropriations for services to children
with special health care needs.
[Part 2:119:1937; 1931 NCL § 5316.02]—(NRS A 1963, 950; 1975, 74;
1981, 1900; 1991, 282)
Such plan or
plans shall in any event include therein provisions for:
1. Financial participation by this State.
2. Administration of such plan or plans by the Department, through
the Health Division, and supervision by the Department, through the
Health Division, of the administration of such services included in the
plan or plans which are not administered directly by the Health Division.
3. Such methods of administration as are necessary for efficient
operation of such plan or plans.
4. Maintenance of records and preparation, submission and filing
of reports of services rendered.
5. Cooperation with medical, health, nursing and welfare groups
and organizations, and with any agency of the State charged with the
administration of laws providing for vocational rehabilitation of
physically handicapped children.
6. Receiving and expending in the manner provided in NRS 442.180
to 442.220 , inclusive, in accordance with such plan or
plans, all funds made available to the Department by the Federal
Government, the State or its political subdivisions, or from any other
source for such purposes.
7. Cooperating with the Federal Government, through its
appropriate agency or instrumentality, in developing, extending and
improving such services and in the administration of such plan or plans.
8. Carrying out the purposes specified in NRS 442.180 .
[Part 2:119:1937; 1931 NCL § 5316.02]—(NRS A 1963, 950; 1975, 75)
1. The Administrator of the Health Division shall administer and
enforce the provisions of NRS 442.180
to 442.220 , inclusive, and of the plan
or plans formulated and adopted for the purposes of NRS 442.180 to 442.220 ,
inclusive, and all regulations necessary thereto and adopted by the State
Board of Health.
2. The Administrator shall administer and enforce all regulations
adopted by the State Board of Health for the efficient operation of such
plan or plans formulated by the State Board of Health and the Health
Division for the purposes of NRS 442.180 to 442.220 ,
inclusive.
3. The Administrator shall maintain his office in Carson City,
Nevada, or elsewhere in the State as directed by the Director, and keep
therein all records, reports, papers, books and documents pertaining to
the subjects of NRS 442.180 to 442.220
, inclusive. The Administrator, when
directed by the terms of any plan or plans perfected, or by the Director,
shall provide in such places within the State such medical, surgical or
other agency or agencies as may be necessary to carry out the provisions
of such plan or plans and of NRS 442.180 to 442.220 ,
inclusive. If the proper medical or surgical services cannot be had
within the State for any child with special health care needs, the
Secretary of the State Board of Health may provide for those services in
some other state.
4. The Administrator shall, from time to time as directed by the
Secretary of Health and Human Services, make reports, in such form and
containing such information concerning the subjects of NRS 442.180 to 442.220 ,
inclusive, as the Secretary of Health and Human Services requires.
5. The Administrator shall from time to time pursuant to the rules
and regulations of the Secretary of Health and Human Services and of the
Secretary of the Treasury, requisition and cause to be deposited with the
State Treasurer all money allotted to this state by the Federal
Government for the purposes of NRS 442.180 to 442.220 ,
inclusive. The Administrator shall cause to be paid out of the State
Treasury the money therein deposited for the purposes of NRS 442.180
to 442.220 , inclusive.
[3:119:1937; 1931 NCL § 5316.03]—(NRS A 1963, 951; 1975, 75; 1983,
138, 835; 1991, 282)
1. The Administrator of the Health Division may recover costs of
corrective treatment for children with special health care needs from the
parents of the child who receives the treatment, pursuant to subsections
2 and 3.
2. The Administrator shall investigate the financial circumstances
of a parent of a child with special health care needs for whom an
application is made to determine whether part or all of the expenses for
treatment should be paid for by such parent.
3. The Administrator may authorize corrective treatment for a
child with special health care needs at state expense when it is
determined that the parent of the child is unable to pay the cost of this
treatment or any part thereof. A determination of ability to pay and
eligibility for payment at state expense must be based on the following
factors:
(a) Resources of the parent, including hospital and medical
insurance;
(b) Other available sources of payment, including state aid for
medically indigent families;
(c) Estimated cost of care;
(d) Length of treatment;
(e) Household size in relation to income; and
(f) Debts and obligations.
4. As used in this section, “parent” means a natural parent or an
adoptive parent.
(Added to NRS by 1969, 1090; A 1977, 471; 1983, 836; 1991, 283)
1. All services purchased for children with special health care
needs pursuant to NRS 442.180 to
442.220 , inclusive, must be authorized
by the Health Division before the time such services are provided, and a
record of such authorizations must be retained as part of the child’s
case record in the Health Division.
2. Authorizations for services provided during the hours when the
offices of the Health Division are closed may be issued retroactively,
provided that:
(a) The child meets the eligibility requirements of the Program; and
(b) The Health Division is notified by the physician, hospital or
other provider of services within 72 hours following the time service was
provided.
(Added to NRS by 1975, 74; A 1991, 284)
1. The State Treasurer is custodian of all money appropriated by
this State, allotted to this State by the Federal Government or received
by this State from other sources, for the purposes of NRS 442.180 to 442.220 ,
inclusive.
2. The Division shall deposit the money in the State Treasury for
credit to the Account for Children’s Special Health Care Services.
3. All claims and demands against the Account must be paid only
upon the Administrator’s certifying the claims and demands in proper
vouchers to the State Controller who shall thereupon draw his warrant or
warrants therefor, and the State Treasurer shall pay them.
[4:119:1937; 1931 NCL § 5316.04]—(NRS A 1963, 951; 1975, 76; 1983,
398, 836; 1991, 284)
1. The Department may enter into a cooperative agreement or
agreements with the United States Department of Health and Human
Services, prescribing the manner, terms and conditions of cooperation by
the Department and the United States Department of Health and Human
Services in providing for the finding, diagnosis and treatment of
children with special health care needs, including children with
rheumatic fever.
2. Such agreements may provide for the amounts which the State and
the Federal Government will contribute under the agreement, and the
Department shall be bound and governed by such agreement or agreements.
[1:324:1951]—(NRS A 1963, 952; 1983, 139; 1991, 284)
ABORTION
As used in NRS 442.240 to 442.270 ,
inclusive, unless the context requires otherwise, “abortion” means the
termination of a human pregnancy with an intention other than to produce
the birth of an infant capable of sustained survival by natural or
artificial supportive systems or to remove a dead fetus.
(Added to NRS by 1973, 1637; A 1981, 1163; 1985, 2307)
[NRS
442.250 was submitted to and approved
by referendum at the 1990 general election and therefore is not subject
to legislative amendment or repeal.]
1. No abortion may be performed in this state unless the abortion
is performed:
(a) By a physician licensed to practice in this state or by a
physician in the employ of the government of the United States who:
(1) Exercises his best clinical judgment in the light of all
attendant circumstances including the accepted professional standards of
medical practice in determining whether to perform an abortion; and
(2) Performs the abortion in a manner consistent with
accepted medical practices and procedures in the community.
(b) Within 24 weeks after the commencement of the pregnancy.
(c) After the 24th week of pregnancy only if the physician has
reasonable cause to believe that an abortion currently is necessary to
preserve the life or health of the pregnant woman.
2. All abortions performed after the 24th week of pregnancy or
performed when, in the judgment of the attending physician, there is a
reasonable likelihood of the sustained survival of the fetus outside of
the womb by natural or artificial supportive systems must be performed in
a hospital licensed under chapter 449 of NRS.
3. Before performing an abortion pursuant to subsection 2, the
attending physician shall enter in the permanent records of the patient
the facts on which he based his best clinical judgment that there is a
substantial risk that continuance of the pregnancy would endanger the
life of the patient or would gravely impair the physical or mental health
of the patient.
(Added to NRS by 1973, 1637; A 1975, 367; 1977, 961; 1981, 1164;
1985, 2307)
No physician may perform an
abortion in this state unless, before he performs it, he certifies in
writing that the woman gave her informed written consent, freely and
without coercion. The physician shall further certify in writing the
pregnant woman’s marital status and age based upon proof of age offered
by her.
(Added to NRS by 1981, 1162; A 1985, 2308)
1. The attending physician or a person meeting the qualifications
established by regulations adopted by the Health Division shall
accurately and in a manner which is reasonably likely to be understood by
the pregnant woman:
(a) Explain that, in his professional judgment, she is pregnant and
a copy of her pregnancy test is available to her.
(b) Inform her of the number of weeks which have elapsed from the
probable time of conception.
(c) Explain the physical and emotional implications of having the
abortion.
(d) Describe the medical procedure to be used, its consequences and
the proper procedures for her care after the abortion.
2. The attending physician shall verify that all material facts
and information, which in his professional judgment are necessary to
allow the woman to give her informed consent, have been provided to her
and that her consent is informed.
3. If the woman does not understand English, the form indicating
consent must be written in a language understood by her, or the attending
physician shall certify on the form that the information required to be
given has been presented in such a manner as to be understandable by her.
If an interpreter is used, the interpreter must be named and reference to
this use must be made on the form for consent.
(Added to NRS by 1981, 1162; A 1985, 2308)
1. Unless in the judgment of the attending physician an abortion
is immediately necessary to preserve the patient’s life or health or an
abortion is authorized pursuant to subsection 2 or NRS 442.2555 , a physician shall not knowingly perform or
induce an abortion upon an unmarried and unemancipated woman who is under
the age of 18 years unless a custodial parent or guardian of the woman is
personally notified before the abortion. If the custodial parent or
guardian cannot be so notified after a reasonable effort, the physician
shall delay performing the abortion until he has notified the parent or
guardian by certified mail at his last known address.
2. An unmarried or unemancipated woman who is under the age of 18
years may request a district court to issue an order authorizing an
abortion. If so requested, the court shall interview the woman at the
earliest practicable time, which must be not more than 2 judicial days
after the request is made. If the court determines, from any information
provided by the woman and any other evidence that the court may require,
that:
(a) She is mature enough to make an intelligent and informed
decision concerning the abortion;
(b) She is financially independent or is emancipated; or
(c) The notice required by subsection 1 would be detrimental to her
best interests,
Ê the court shall issue an order within 1 judicial day after the
interview authorizing a physician to perform the abortion in accordance
with the provisions of NRS 442.240 to
442.270 , inclusive.
3. If the court does not find sufficient grounds to authorize a
physician to perform the abortion, it shall enter an order to that effect
within 1 judicial day after the interview. If the court does not enter an
order either authorizing or denying the performance of the abortion
within 1 judicial day after the interview, authorization shall be deemed
to have been granted.
4. The court shall take the necessary steps to ensure that the
interview and any other proceedings held pursuant to this subsection or
NRS 442.2555 are confidential. The
rules of civil procedure do not apply to any action taken pursuant to
this subsection.
(Added to NRS by 1981, 1163; A 1985, 2309)
1. If the order is denied pursuant to NRS 442.255 , the court shall, upon request by the minor if
it appears that she is unable to employ counsel, appoint an attorney to
represent her in the preparation of a petition, a hearing on the merits
of the petition, and on an appeal, if necessary. The compensation and
expenses of the attorney are a charge against the county as provided in
the following schedule:
(a) For consultation, research and other time reasonably spent on
the matter, except court appearances, $20 per hour.
(b) For court appearances, $30 per hour.
2. The petition must set forth the initials of the minor, the age
of the minor, the estimated number of weeks elapsed from the probable
time of conception, and whether maturity, emancipation, notification
detrimental to the minor’s best interests or a combination thereof are
relied upon in avoidance of the notification required by NRS 442.255
. The petition must be initialed by the
minor.
3. A hearing on the merits of the petition, on the record, must be
held as soon as possible and within 5 judicial days after the filing of
the petition. At the hearing the court shall hear evidence relating to:
(a) The minor’s emotional development, maturity, intellect and
understanding;
(b) The minor’s degree of financial independence and degree of
emancipation from parental authority;
(c) The minor’s best interests relative to parental involvement in
the decision whether to undergo an abortion; and
(d) Any other evidence that the court may find useful in
determining whether the minor is entitled to avoid parental notification.
4. In the decree, the court shall, for good cause:
(a) Grant the petition, and give judicial authorization to permit a
physician to perform an abortion without the notification required in NRS
442.255 ; or
(b) Deny the petition, setting forth the grounds on which the
petition is denied.
5. An appeal from an order issued under subsection 4 may be taken
to the Supreme Court, which shall suspend the Nevada Rules of Appellate
Procedure pursuant to N.R.A.P. 2 to provide for an expedited appeal. The notice of intent to
appeal must be given within 1 judicial day after the issuance of the
order. The record on appeal must be perfected within 5 judicial days
after the filing of the notice of appeal and transmitted to the Supreme
Court. The Court, shall, by court order or rule, provide for a
confidential and expedited appellate review of cases appealed under this
section.
(Added to NRS by 1985, 2306)
A physician who performs an abortion shall
maintain a record of it for at least 5 years after it is performed. The
record must contain:
1. The written consent of the woman;
2. A statement of the information which was provided to the woman
pursuant to NRS 442.253 ; and
3. A description of efforts to give any notice required by NRS
442.255 .
(Added to NRS by 1981, 1163; A 1985, 2310)
Any person who violates any
provision of NRS 442.252 to 442.256
, inclusive, is guilty of a misdemeanor.
(Added to NRS by 1981, 1163)
1. The Health Division shall adopt and enforce regulations
governing the conditions under and the methods by which abortions may be
performed, the reasonable minimum qualifications of a person authorized
to provide the information required in NRS 442.253 , as well as all other aspects pertaining to
the performance of abortions pursuant to NRS 442.250 .
2. The Health Division shall adopt and enforce regulations for a
system for reporting abortions. This system must be designed to preserve
confidentiality of information on the identity of women upon whom
abortions are performed. The Health Division may require that the
following items be reported for each abortion:
(a) The date of the abortion;
(b) The place of the abortion including the city, county and state;
(c) The type of facility;
(d) The usual residence of the woman, including the city, county
and state;
(e) Her age;
(f) Her ethnic group or race;
(g) Her marital status;
(h) The number of previous live births;
(i) The number of previous induced abortions;
(j) The duration of her pregnancy, as measured from first day of
last normal menses to date of abortion, and as estimated by uterine size
prior to performance of the abortion;
(k) The type of abortion procedure; and
(l) If a woman has had a previously induced abortion, the
information in paragraphs (a) to (k), inclusive, or as much thereof as
can be reasonably obtained, for each previous abortion.
3. The Health Division may adopt regulations to permit studies of
individual cases of abortion, but these studies must not be permitted
unless:
(a) Absolute assurance is provided that confidentiality of
information on the persons involved will be preserved;
(b) Informed consent of each person involved in the study is
obtained in writing;
(c) The study is conducted according to established standards and
ethics; and
(d) The study is related to problems of health and has scientific
merit with regard to both design and the importance of the problems to be
solved.
(Added to NRS by 1973, 1638; A 1973, 1406; 1985, 2310)
Each hospital shall submit a monthly report to the
State Registrar of Vital Statistics which contains the following
information:
1. The number of patients admitted for hospital care for a
complication which resulted from an abortion;
2. The nature of the complication by its diagnostic name; and
3. The type of abortion.
(Added to NRS by 1981, 1941)
240 to 442.270 ,
inclusive. If an abortion is judicially authorized and the provisions of
NRS 442.240 to 442.270 , inclusive, are complied with, an action by
the parents or guardian of the minor against persons performing the
abortion is barred. This civil immunity extends to the performance of the
abortion and any necessary accompanying services which are performed in a
competent manner. The costs of the action, if brought, must be borne by
the parties respectively.
(Added to NRS by 1985, 2307)
Whenever
an abortion results in the birth of an infant capable of sustained
survival by natural or artificial supportive systems, the failure to take
all reasonable steps, in keeping with good medical practice, to preserve
the life and health of the infant subjects the person performing the
abortion to the laws of this state governing criminal liability and civil
liability for wrongful death and medical malpractice.
(Added to NRS by 1973, 1639; A 1975, 368; 1985, 2311)
BIRTH DEFECTS AND ADVERSE BIRTH OUTCOMES
As used in NRS 442.300 to 442.330 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 442.305 , 442.310 and 442.315
have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 3509 )
“Adverse birth
outcome” includes stillbirths.
(Added to NRS by 1999, 3509 )
“Birth defect” means any
structural or chemical abnormality present in a child at birth.
(Added to NRS by 1999, 3509 )
“System” means the system
established and maintained pursuant to NRS 442.320 .
(Added to NRS by 1999, 3509 )
1. The Health Division, in cooperation with the University of
Nevada School of Medicine, shall establish and maintain a statewide
system for the collection and analysis of information concerning birth
defects and other adverse birth outcomes.
2. The State Board of Health shall adopt regulations to carry out
the provisions of NRS 442.300 to
442.330 , inclusive. The regulations
must:
(a) Establish a procedure to inform a patient that his name will be
used for research and referrals to related services unless he requests
the exclusion of his name from the system; and
(b) Require the exclusion from the system of the name of a patient
if the patient or, if the patient is a minor, a parent or legal guardian
of the patient has requested in writing to exclude the name of the
patient from the system.
3. The provisions of NRS 442.300
to 442.330 , inclusive, do not authorize
any prenatal genetic testing of children.
(Added to NRS by 1999, 3509 )
1. Except as otherwise provided in subsection 2, the chief
administrative officer of each hospital and obstetric center or his
representative shall:
(a) Prepare and make available to the State Health Officer or his
representative a list of:
(1) Patients who are under 7 years of age and have been
diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birth outcomes; and
(b) Make available to the State Health Officer or his
representative the records of the hospital or obstetric center regarding:
(1) Patients who are under 7 years of age and have been
diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birth outcomes.
2. The name of a patient must be excluded from the information
prepared and made available pursuant to subsection 1 if the patient or,
if the patient is a minor, a parent or legal guardian of the patient has
requested in writing to exclude the name of the patient from that
information in the manner prescribed by the State Board of Health
pursuant to NRS 442.320 . The provisions
of this subsection do not relieve the chief administrative officer of the
duty of preparing and making available the information required by
subsection 1.
3. The State Health Officer or his representative shall abstract
from the records and lists required to be prepared and made available
pursuant to this section such information as is required by the State
Board of Health for inclusion in the system.
4. As used in this section, “hospital” has the meaning ascribed to
it in NRS 449.012 .
(Added to NRS by 1999, 3509 )
1. Information obtained by the system from any source may be used
only:
(a) To investigate the causes of birth defects and other adverse
birth outcomes;
(b) To determine, evaluate and develop strategies to prevent the
occurrence of birth defects and other adverse birth outcomes;
(c) To assist in the early detection of birth defects; and
(d) To assist in ensuring the delivery of services for children
identified with birth defects.
2. The State Board of Health shall adopt regulations to ensure
that:
(a) Access to information contained in the system is limited to
persons authorized and approved by the State Health Officer or his
representative who are employed by the Health Division or the University
of Nevada School of Medicine.
(b) Any information obtained by the system that would reveal the
identity of a patient remains confidential.
(c) Except as otherwise provided in subsection 3, information
obtained by the system is used solely for the purposes set forth in
subsection 1.
3. This section does not prohibit the publishing of statistical
compilations relating to birth defects and other adverse birth outcomes
that do not in any manner identify individual patients or individual
sources of information.
(Added to NRS by 1999, 3510 )
FETAL ALCOHOL SYNDROME
The Health Division shall develop and
carry out a program of public education to increase public awareness
about the dangers of fetal alcohol syndrome and other adverse effects on
a fetus that may result from the consumption of alcohol during pregnancy.
The program must include, without limitation:
1. Educational messages that are directed toward the general
public and specific geographical areas and groups of persons in this
State that are identified pursuant to subsection 1 of NRS 442.420 as having women who are at a high risk of
consuming alcohol during pregnancy.
2. Providing training materials to school personnel to assist them
in identifying pupils who may be suffering from fetal alcohol syndrome
and offering to provide the parents of those pupils with a referral for
diagnostic services and treatment.
3. If a toll-free telephone service is otherwise provided by the
Health Division, the use of that telephone service for providing
information relating to programs for the treatment of substance abuse,
providers of health care or other services and other available resources,
and referrals to those programs, if appropriate. The telephone number
must be disclosed in the educational messages provided pursuant to this
section.
(Added to NRS by 1999, 1059 ; A 2003, 1360 )
The
University of Nevada School of Medicine shall develop guidelines to
assist a provider of health care or other services in identifying:
1. Pregnant women who are at a high risk of consuming alcohol
during pregnancy; and
2. Children who are suffering from fetal alcohol syndrome.
(Added to NRS by 1999, 1060 ; A 2003, 1361 )
If a
pregnant woman is referred to the Health Division by a provider of health
care or other services for information relating to programs for the
prevention and treatment of fetal alcohol syndrome, any report relating
to the referral or other associated documentation is confidential and
must not be used in any criminal prosecution of the woman.
(Added to NRS by 1999, 1060 )
The agency which
provides child welfare services or a licensed child-placing agency shall
inquire, during its initial contact with a natural parent of a child who
is to be placed for adoption, about consumption of alcohol or substance
abuse by the mother of the child during pregnancy. The information
obtained from the inquiry must be:
1. Included in the report provided to the adopting parents of the
child pursuant to NRS 127.152 ; and
2. Reported to the Health Division on a form prescribed by the
Health Division. The report must not contain any identifying information
and may be used only for statistical purposes.
(Added to NRS by 1999, 1060 ; A 2001 Special Session, 54 )
1. The agency which provides child welfare services shall inquire,
during its initial contact with a natural parent of a child who is to be
placed in a family foster home, about consumption of alcohol or substance
abuse by the mother of the child during pregnancy. The information
obtained from the inquiry must be:
(a) Provided to the provider of family foster care pursuant to NRS
424.038 ; and
(b) Reported to the Health Division on a form prescribed by the
Health Division. The report must not contain any identifying information
and may be used only for statistical purposes.
2. As used in this section, “family foster home” has the meaning
ascribed to it in NRS 424.013 .
(Added to NRS by 1999, 1061 ; A 2001 Special Session, 54 )
An agency which provides child welfare services
shall inquire, during its initial contact with a natural parent of a
child whom a court has determined must be kept in temporary or permanent
custody, about consumption of alcohol or substance abuse by the mother of
the child during pregnancy. The information obtained from the inquiry
must be:
1. Included in the report the agency is required to make pursuant
to NRS 432B.540 ; and
2. Reported to the Health Division on a form prescribed by the
Health Division. The report must not contain any identifying information
and may be used only for statistical purposes.
(Added to NRS by 1999, 1061 ; A 2001 Special Session, 54 )
The Health
Division shall adopt regulations necessary to carry out the provisions of
NRS 442.400 , 442.405 and 442.410 .
(Added to NRS by 1999, 1061 )
The Health Division shall develop and maintain
a system for monitoring fetal alcohol syndrome, that may include, without
limitation, a method of:
1. Identifying the geographical areas in this state in which women
are at a high risk of consuming alcohol during pregnancy and groups of
persons in this state that include such women;
2. Identifying and evaluating deficiencies in existing systems for
delivering perinatal care; and
3. Collecting and analyzing data relating to systems for
delivering perinatal care.
(Added to NRS by 1999, 1061 )
1. The Health Division may apply for and accept gifts, grants and
contributions from any public or private source to carry out its duties
pursuant to the provisions of NRS 442.385 to 442.425 ,
inclusive.
2. The Health Division shall account separately for the money
received from those gifts, grants or contributions. The Administrator of
the Health Division shall administer the account, and all claims against
the account must be approved by the Administrator before they are paid.
3. The money in the account must be used only to carry out the
provisions of NRS 442.385 to 442.425
, inclusive.
(Added to NRS by 1999, 1060 ; A 2003, 1361 )
SCREENING OF HEARING OF NEWBORN CHILDREN
As used in NRS 442.500 to 442.590 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 442.510 , 442.520 and 442.530
have the meanings ascribed to them in those sections.
(Added to NRS by 2001, 2460 )
“Hearing screening”
means a test or battery of tests administered to determine the need for
an in-depth hearing diagnostic evaluation.
(Added to NRS by 2001, 2460 )
“Hospital” has the meaning
ascribed to it in NRS 449.012 .
(Added to NRS by 2001, 2460 )
“Provider
of hearing screenings” means a health care provider who, within the scope
of his license or certificate, provides for hearing screenings of newborn
children in accordance with NRS 442.500
to 442.590 , inclusive. The term
includes a licensed audiologist, a licensed physician or an appropriately
supervised person who has documentation that demonstrates to the State
Board of Health that he has completed training specifically for
conducting hearing screenings of newborn children.
(Added to NRS by 2001, 2460 )
1. Except as otherwise provided in this section and NRS 442.560
, a licensed hospital in this state that
provides services for maternity care and the care of newborn children and
a licensed obstetric center in this state shall not discharge a newborn
child who was born in the facility until the newborn child has undergone
a hearing screening for the detection of hearing loss to prevent the
consequences of unidentified disorders, or has been referred for such a
hearing screening.
2. The requirements of subsection 1 do not apply to a hospital in
which fewer than 500 childbirths occur annually.
3. The State Board of Health shall adopt such regulations as are
necessary to carry out the provisions of NRS 442.500 to 442.590 ,
inclusive.
(Added to NRS by 2001, 2461 )
1. A hearing screening required by NRS 442.540 must be conducted by a provider of hearing
screenings.
2. A licensed hospital and a licensed obstetric center shall hire,
contract with or enter into a written memorandum of understanding with a
provider of hearing screenings to:
(a) Conduct a program for hearing screenings on newborn children in
accordance with NRS 442.500 to 442.590
, inclusive;
(b) Provide appropriate training for the staff of the hospital or
obstetric center;
(c) Render appropriate recommendations concerning the program for
hearing screenings; and
(d) Coordinate appropriate follow-up services.
3. Not later than 24 hours after a hearing screening is conducted
on a newborn child, appropriate documentation concerning the hearing
screening, including, without limitation, results, interpretations and
recommendations, must be placed in the medical file of the newborn child.
4. A licensed hospital and a licensed obstetric center shall
annually prepare and submit to the Health Division a written report
concerning hearing screenings of newborn children in accordance with
regulations adopted by the State Board of Health. The report must
include, without limitation, the number of newborn children screened and
the results of the screenings.
5. The Health Division shall annually prepare and submit to the
Governor a written report relating to hearing tests for newborn children.
The written report must include, without limitation:
(a) A summary of the results of hearing screenings administered to
newborn children and any other related information submitted in
accordance with the regulations of the State Board of Health;
(b) An analysis of the effectiveness of the provisions of NRS
442.500 to 442.590 , inclusive, in identifying loss of hearing in
newborn children; and
(c) Any related recommendations for legislation.
(Added to NRS by 2001, 2461 )
A newborn child may be
discharged from the licensed hospital or obstetric center in which he was
born without having undergone a required hearing screening or having been
referred for a hearing screening if a parent or legal guardian of the
newborn child objects in writing to the hearing screening. The hospital
or obstetric center shall place the written objection of the parent or
legal guardian to the hearing screening in the medical file of the
newborn child.
(Added to NRS by 2001, 2461 )
If a hearing
screening conducted pursuant to NRS 442.540 indicates that a newborn child may have a
hearing loss, the physician attending to the newborn child shall
recommend to the parent or legal guardian of the newborn child that the
newborn child receive an in-depth hearing diagnostic evaluation.
(Added to NRS by 2001, 2462 )
A licensed hospital and a licensed obstetric center
shall formally designate a lead physician or audiologist to be
responsible for:
1. The administration of the Program for conducting hearing
screenings of newborn children; and
2. Monitoring the scoring and interpretation of the test results
of the hearing screenings.
(Added to NRS by 2001, 2462 )
1. The Health Division shall create written brochures that use
terms which are easily understandable to a parent or legal guardian of a
newborn child and include, without limitation:
(a) Information concerning the importance of screening the hearing
of a newborn child; and
(b) A description of the normal development of auditory processes,
speech and language in children.
2. The Health Division shall provide the brochures created
pursuant to subsection 1 to each licensed hospital and each licensed
obstetric center in this state. These facilities shall provide the
brochures to the parents or legal guardians of a newborn child.
(Added to NRS by 2001, 2462 )
