Nevada Administrative Code

NAC 439.110 Mailing of petition to members of State Board of Health. (NRS 439.200) The Secretary of the State Board of Health shall mail to each member of the Board a copy of the letter submitted pursuant to NAC 439.100 within 15 days after its receipt. [Bd. of Health, Declarator…

NAC 439.120 Action on petition by Secretary of State Board of Health. (NRS 439.200) 1. The Secretary of the State Board of Health shall, within 45 days after receipt of the letter submitted pursuant to NAC 439.100, issue a temporary declaratory order or an advisory opinion and ma…

NAC 439.130 Permanent orders; review of advisory opinions by State Board of Health. (NRS 439.200) 1. All temporary declaratory orders become permanent at the next regular or special meeting of the State Board of Health unless modified or reversed by the Board. 2. All advisory opi…

NAC 439.150 Agenda; submission of material. (NRS 439.200) 1. The Secretary of the State Board of Health shall mail to each member of the Board, at least 10 days before a scheduled meeting of the Board, a copy of the agenda for that meeting, with any supporting documents. 2. Infor…

NAC 439.160 Incomplete applications. (NRS 439.200) The Secretary of the State Board of Health shall return to the applicant any incomplete application submitted to the Board with: 1. An explanation of the deficiencies in the application; 2. A request that a complete application b…

NAC 439.170 Consent calendar. (NRS 439.200) 1. The Secretary of the State Board of Health may place on a consent calendar each uncontested item which receives a recommendation of approval from the Division of Public and Behavioral Health or the Health Care Purchasing and Complian…

NAC 439.180 Order of testimony for considering matter. (NRS 439.200) In considering a matter, the State Board of Health will hear from interested persons in the following order: 1. Reports and recommendations of the Division of Public and Behavioral Health and the Health Care Pur…

NAC 439.190 Request for administrative hearing; contents of request; scheduling and notice of hearing; procedures at hearing. (NRS 439.190, 439.200) 1. Except as otherwise provided in this section, in any administrative hearing that the State Board of Health is required to hold, …

NAC 439.195 Submission of documentary evidence; continuances. (NRS 439.190, 439.200) 1. Except as otherwise provided in subsection 2, documentary evidence may not be submitted at any hearing convened by the State Board of Health unless it is submitted to the Board’s Secretary at …

NAC 439.200 Eligibility of person to apply; submission of application. (NRS 439.200) 1. Any person who, because of unique circumstances, is unduly burdened by a regulation of the State Board of Health and thereby suffers a hardship and the abridgment of a substantial property rig…

NAC 439.210 Application to State Board of Health. (NRS 439.150, 439.200) 1. An application to the State Board of Health for a variance must be: (a) Submitted in writing to the Secretary of the Board at the Division of Public and Behavioral Health of the Department of Human Servic…

NAC 439.220 Public notice of application and date of hearing. (NRS 439.190, 439.200) 1. The Secretary of the State Board of Health shall provide public notice of the application and the date of the public hearing by publishing the notice on the Internet website maintained by the …

NAC 439.230 Procedure at hearing. (NRS 439.190, 439.200) The following procedures apply to the hearing: 1. The staff of the Division of Public and Behavioral Health or the Health Care Purchasing and Compliance Division, as applicable, to the regulation from which a variance is be…

NAC 439.240 Approval by State Board of Health. (NRS 439.150, 439.190, 439.200) 1. The State Board of Health will grant a variance from a regulation only if it finds from the evidence presented at the hearing that: (a) There are circumstances or conditions which: (1) Are unique to…

NAC 439.250 Written decision by State Board of Health. (NRS 439.190, 439.200) 1. Within 14 days after the hearing, the State Board of Health will provide the applicant with a written decision concerning the variance. 2. The decision will contain the Board’s findings of fact on th…

NAC 439.260 Application to district board of health. (NRS 439.200) 1. An application to a district board of health for a variance must be: (a) Submitted in writing to the district health officer. (b) Accompanied by payment in full of the cost of publication of notice of the appli…

NAC 439.270 Appeals. (NRS 439.190, 439.200) 1. Any person who is aggrieved by a decision of a district board of health on an application for a variance from a regulation of the State Board of Health may appeal in writing to the State Board of Health within 30 days after the date …

NAC 439.280 Schedule for compliance with regulation. (NRS 439.200) 1. The provisions of NAC 439.200 to 439.270, inclusive, do not preclude a person who is temporarily unable to comply or unable to comply fully with a regulation from negotiating a schedule for compliance. 2. A dis…

NAC 439.300 Definitions. (NRS 439.200) As used in NAC 439.300 to 439.395, inclusive, unless the context otherwise requires, the words and terms defined in NAC 439.301 to 439.307, inclusive, have the meanings ascribed to them in those sections. [Bd. of Health, License Hearings Rul…

NAC 439.301 “Appellant” defined. (NRS 439.200) “Appellant” means a person who appeals proposed disciplinary action against him or her by the Division of Public and Behavioral Health or the Health Care Purchasing and Compliance Division. (Added to NAC by Bd. of Health by R037-97, …

NAC 439.302 “Board” defined. (NRS 439.200) “Board” means the State Board of Health. (Added to NAC by Bd. of Health by R037-97, eff. 10-30-97)

NAC 439.304 “Disciplinary action” defined. (NRS 439.200) “Disciplinary action” includes, without limitation: 1. Administrative sanctions; and 2. The denial, suspension or revocation of a license, permit, certificate, endorsement, approval, registration, charter, designation or ot…

NAC 439.305 “Division” defined. (NRS 439.200) “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services. (Added to NAC by Bd. of Health by R037-97, eff. 10-30-97)

NAC 439.307 “Hearing officer” defined. (NRS 439.200) “Hearing officer” means a person appointed by the Administrator of the Division of Public and Behavioral Health or the Administrator of the Health Care Purchasing and Compliance Division to preside at a hearing conducted pursua…

NAC 439.310 Scope; deviation from provisions. (NRS 439.200) 1. All hearings concerning appeals of proposed disciplinary actions by the Division of Public and Behavioral Health or the Health Care Purchasing and Compliance Division are governed by the provisions of NAC 439.300 to 4…

NAC 439.320 Construction. (NRS 439.200) The provisions of NAC 439.300 to 439.395, inclusive, will be liberally construed to secure just, speedy and economical determination of all issues presented to the hearing officer. [Bd. of Health, License Hearings Rule 1, § 1.2, eff. 6-24-8…

NAC 439.330 Severability. (NRS 439.200) The provisions of NAC 439.300 to 439.395, inclusive, are severable. If any provision of these regulations or any application to any person, thing or circumstance is held invalid, the Board intends that such invalidity not affect the remaini…

NAC 439.340 Office of Board. (NRS 439.200) The principal office of the Board is the office of the Administrator of the Division of Public and Behavioral Health. The office of the Administrator is open during regular business hours. [Bd. of Health, License Hearings Rule 2, eff. 6-…

NAC 439.341 Hearing officers: Appointment; term; assignments; duties. (NRS 439.200) 1. The Administrator of the Division of Public and Behavioral Health and the Administrator of the Health Care Purchasing and Compliance Division shall appoint three permanent employees of the Divi…

NAC 439.345 Notice of proposed disciplinary action: Duties of Division; contents and service of notice. (NRS 439.200) 1. Except as otherwise provided by specific statute or regulation or in the case of an emergency or a summary suspension, if the Division of Public and Behavioral…

NAC 439.346 Appeal of proposed disciplinary action: Exhaustion of informal procedures required; filing request for appeal; contents of request. (NRS 439.200) 1. A person who wishes to file an appeal with a hearing officer contesting proposed disciplinary action by the Division of…

NAC 439.347 Notice of hearing of appeal: Duties of hearing officer; contents of notice. (NRS 439.200) Upon receipt of an appeal, the hearing officer assigned to hear the appeal must provide notice of the hearing to the appellant. The notice must include: 1. The date, time, place …

NAC 439.348 Stay of proposed disciplinary action pending appeal; exceptions. (NRS 439.200) Except as otherwise provided in NAC 449.99908 or in the case of an emergency or a summary suspension, the effective date of the disciplinary action is stayed upon receipt of an appeal until…

NAC 439.350 Representation by attorney: Entry of appearance; service on attorney; withdrawal by attorney. (NRS 439.200) 1. A party is entitled to be represented by counsel. Counsel for a party must enter an appearance by submitting written notice of the representation to the Admi…

NAC 439.360 Pleadings. (NRS 439.200) 1. A pleading before the hearing officer must be styled a “petition” or “response.” 2. The hearing officer may, when the substantial rights of the parties are not involved, allow a pleading to be amended or corrected or any omission in it to b…

NAC 439.370 Motions. (NRS 439.200) 1. All motions, unless made during a hearing, must be in writing. 2. Each written motion must set forth the nature of the relief sought, the grounds for the relief and citations of applicable authority. 3. A party desiring to oppose a motion may…

NAC 439.375 Hearings: Preliminary procedure; order of proceedings. (NRS 439.200) 1. The hearing officer shall call the hearing to order, state the appearances of the parties and their respective counsel and act upon any pending motions, stipulations and preliminary matters. 2. Al…

NAC 439.378 Hearings: Subpoena and examination of witnesses; admission of evidence; continuances; decision of hearing officer; record of proceedings. (NRS 439.200) 1. All requests for an appeal must be addressed to the Administrator of the Division of Public and Behavioral Health…

NAC 439.380 Hearings: Failure of party to appear; stipulations; continuances; official notice. (NRS 439.200) 1. If a party fails to appear at a hearing scheduled by the hearing officer and no continuance has been granted, the hearing officer may hear the evidence and proceed to c…

NAC 439.390 Decision by hearing officer. (NRS 439.200) 1. An order or decision with separately stated findings of fact and conclusions of law will be rendered by the hearing officer after the completion of the hearing. 2. A proceeding stands submitted for decision by the hearing …

NAC 439.395 Judicial review of decision made by hearing officer. (NRS 439.200) The decision of a hearing officer made pursuant to the procedures set forth in NAC 439.300 to 439.395, inclusive, is a final decision in a contested case. Any person aggrieved by such a decision is ent…

NAC 439.500 Sliding schedule of fees for certain services and supplies not concerning family planning. (NRS 439.150, 439.200) 1. Except as otherwise provided in NAC 442.222 for services and supplies concerning family planning, a community health nursing clinic established by the …

NAC 439.571 Definitions. (NRS 439.588, 439.589) As used in NAC 439.571 to 439.596, inclusive, unless the context otherwise requires, the words and terms defined in NAC 439.572 and 439.573 have the meanings ascribed to them in those sections. (Added to NAC by Dep’t of Health & Hum…

NAC 439.572 “Covered entity” defined. (NRS 439.587, 439.588, 439.589) “Covered entity” has the meaning ascribed to it in 45 C.F.R. § 160.103. (Added to NAC by Dep’t of Health & Human Services by R056-16, eff. 9-21-2017; A by R173-24, 12-19-2024)

NAC 439.573 “Electronic health record system” defined. (NRS 439.589) “Electronic health record system” means technology that: 1. Has the ability to securely maintain, transmit and exchange electronic health information; and 2. Makes protected health information instantly and secu…

NAC 439.574 “Commercially available” interpreted. (NRS 439.587, 439.588, 439.589) As used in NRS 439.584, the Director of the Authority will interpret the term “commercially available” to mean that information is available for a fee to any health care provider or other covered en…

NAC 439.5745 No requirement to use health information exchange. (NRS 439.589) The provisions of NAC 439.571 to 439.596, inclusive, must not be construed or interpreted to require any person or entity to use a health information exchange. (Added to NAC by Dep’t of Health & Human S…