Title 40

NRS 439.5282 Consent required before disclosure of identity of patient, provider of health care or facility. If the system for the reporting of information on neurodegenerative diseases is established pursuant to NRS 439.5268, the designated department, Chief Medical Officer and …

NRS 439.5284 Limitation on civil and criminal liability. A person or governmental entity that provides information to the designated department in accordance with NRS 439.5272 and 439.5274 must not be held liable in a civil or criminal action for sharing confidential information …

NRS 439.529 Administration; duties of Director; use of other programs; prohibition against commingling of money; money for program to be accounted for separately; authorized uses of money. 1. The Department may, to the extent that money is available, administer a program pursuant…

NRS 439.52905 Prohibitions and requirements relating to federal drug pricing program. 1. If the Department administers a program pursuant to NRS 439.529: (a) The program may not prohibit or interfere with the ability of a covered provider or contract pharmacy to purchase, adminis…

NRS 439.5291 Definitions. As used in NRS 439.5291 to 439.5297, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.5292, 439.5293 and 439.5294 have the meanings ascribed to them in those sections. (Added to NRS by 2015, 247)

NRS 439.5292 “Provider of emergency medical services” defined. “Provider of emergency medical services” means each operator of an ambulance or air ambulance and each fire-fighting agency that has a permit to operate pursuant to chapter 450B of NRS and provides transportation to h…

NRS 439.5293 “Provider of health care” defined. “Provider of health care” has the meaning ascribed to it in NRS 629.031. (Added to NRS by 2015, 247)

NRS 439.5294 “Registry” defined. “Registry” means the Stroke Registry established pursuant to NRS 439.5295. (Added to NRS by 2015, 247)

NRS 439.5295 Duty of Division to establish and maintain Registry; gifts, donations, bequests and grants. 1. The Division shall: (a) Establish and maintain the Stroke Registry to compile information and statistics concerning the treatment of patients who suffer from strokes. The i…

NRS 439.5296 Duties of Division to encourage and facilitate sharing and analysis of information and data. The Division shall: 1. Encourage medical facilities, providers of health care and providers of emergency medical services to share information and data concerning the treatme…

NRS 439.5297 Duty of Division to adopt and carry out procedures for using Registry. 1. The Division shall adopt and carry out procedures for using the Registry. The procedures must include, without limitation: (a) Analyzing data in the Registry concerning the response to and trea…

NRS 439.530 Treatment by prayer, mental or spiritual means; no compulsion to submit to medical treatment. 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 wi…

NRS 439.532 Testing and labeling of certain products containing cannabidiol; regulations. 1. Unless federal law or regulation otherwise requires, a person shall not sell or offer to sell any commodity or product containing hemp which is intended for human consumption or any other…

NRS 439.535 Clinic for immunization of children: Availability; immunity of personnel from criminal and civil liability. 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 …

NRS 439.538 Electronic transmission of health information: Exemption from state law concerning privacy or confidentiality of certain health information; ability of person to opt out of electronic disclosure of certain health information. [Replaced in revision by NRS 439.597.]

NRS 439.539 Duty of Department to hold informational meetings to coordinate services for victims of sex trafficking. The Department shall periodically hold informational meetings, as deemed appropriate by the Director, for the purpose of coordinating the efforts of various entiti…

NRS 439.540 Chapter does not alter powers of Commissioner of Food and Drugs or powers of Director of State Department of Agriculture. Nothing contained in this chapter may be construed as modifying or altering the powers conferred by law upon the Commissioner of Food and Drugs wi…

NRS 439.550 Strict enforcement of chapter by local health officer. 1. Each local health officer is charged with the strict and thorough enforcement of the provisions of this chapter in the jurisdiction of the health officer, under the supervision and direction of the Division. 2.…

NRS 439.560 Enforcement of chapter by public officers. All health officers, local boards of health, sheriffs, constables, police officers, marshals, all persons in charge of public buildings and institutions, and all other public officers and employees shall respect and enforce t…

NRS 439.565 Injunctions against violations. 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,…

NRS 439.570 Health authority may report violation to district attorney or Attorney General; initiation and prosecution of action. 1. When the health authority deems it necessary, the health authority shall report cases of violation of any of the provisions of this chapter or of p…

NRS 439.580 Penalties. 1. Any local health officer or a deputy of a local health officer who neglects or fails to enforce the provisions of this chapter in his or her jurisdiction, or neglects or refuses to perform any of the duties imposed upon him or her by this chapter or by t…

NRS 439.581 Definitions. As used in NRS 439.581 to 439.597, inclusive, unless the context otherwise requires, the words and terms defined in NRS 439.582 to 439.585, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2011, 1754; A 2015, 1038; 2023, 1…

NRS 439.582 “Electronic health record” defined. “Electronic health record” has the meaning ascribed to it in 42 U.S.C. § 17921(5). (Added to NRS by 2011, 1754)

NRS 439.583 “Health care provider” defined. “Health care provider” has the meaning ascribed to it in 45 C.F.R. § 160.103. (Added to NRS by 2011, 1754)

NRS 439.584 “Health information exchange” defined. “Health information exchange” means a person who makes available an electronic means of connecting disparate electronic systems on which health-related information is shared which: 1. Is made commercially available to health care…

NRS 439.585 “Person” defined. “Person” means: 1. A natural person. 2. Any form of business or social organization and any other nongovernmental legal entity, including, without limitation, a corporation, partnership, association, trust or unincorporated organization. 3. A governm…

NRS 439.587 Designation of Director of Authority as state authority for health information technology; authorization to establish or contract with one or more health information exchanges; adoption of regulations and other necessary actions authorized. 1. The Director of the Auth…

NRS 439.588 Certification for health information exchange required; disciplinary action for failure to comply with law; administrative fine for operating without certification; regulations. 1. A health information exchange shall not operate in this State without first obtaining c…

NRS 439.589 Adoption of framework for electronic maintenance, transmittal and exchange of electronic health records, prescriptions, health-related information and electronic signatures; compliance by certain persons and entities with framework; waiver; exception; failure to compl…

NRS 439.5895 Notification of regulatory body if licensed provider or insurer fails to comply with regulations governing maintenance, transmittal and exchange of health information; notification of regulatory body upon compliance. 1. The Authority shall notify each regulatory body…

NRS 439.590 Limitations on use, release or publication of certain information; penalty for unauthorized access to electronic health record or health information exchange; establishment of complaint system. 1. Except as otherwise authorized by the Health Insurance Portability and …

NRS 439.591 Patient not required to participate in health information exchange; notification to patient of breach of confidentiality of electronic health records or health information exchange; patient access to electronic health records. 1. Except as otherwise provided in subsec…

NRS 439.592 Electronic health records, electronic signatures and electronically transmitted or retrieved health information deemed to comply with certain writing and signature requirements; information maintained or transmitted in electronic health record or retrieved by a health…

NRS 439.593 Immunity from liability for health care provider who takes certain actions with respect to electronic health record. A health care provider who with reasonable care transmits, accesses, utilizes, discloses, relies upon or provides to a patient an apparently genuine el…

NRS 439.595 Provision of information to, transmitting, accessing, utilizing or disclosing electronic health record or participation in health information exchange not unfair trade practice. Providing information to, transmitting, accessing, utilizing or disclosing an electronic h…

NRS 439.597 Electronic transmission of health information: Exemption from state law concerning privacy or confidentiality of certain health information; ability of person to opt out of electronic disclosure of certain health information. 1. If a covered entity transmits electroni…

NRS 439.600 Legislative declaration. 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 stude…

NRS 439.620 Creation and administration of Fund; appropriation and expenditure of contents. 1. The Fund for a Healthy Nevada is hereby created in the State Treasury. The State Treasurer shall deposit in the Fund: (a) Sixty percent of all money received by this State pursuant to a…

NRS 439.630 Powers and duties of Department; eligibility of veterans for certain benefits or services available to senior citizens, persons with disabilities and other specified persons; submission of biennial report by Grants Management Advisory Committee, Nevada Commission on A…

NRS 439.800 Definitions. 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,…

NRS 439.802 “Facility-acquired infection” defined. “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 p…

NRS 439.803 “Health facility” defined. “Health facility” means: 1. Any facility licensed by the Health Care Purchasing and Compliance Division pursuant to chapter 449 of NRS; and 2. A home operated by: (a) A provider of community-based living arrangement services, as defined in N…

NRS 439.805 “Medical facility” defined. “Medical facility” means: 1. A hospital, as that term is defined in NRS 449.012 and 449.0151; 2. A freestanding birthing center, as that term is defined in NRS 449.0065; 3. A surgical center for ambulatory patients, as that term is defined …

NRS 439.810 “Patient” defined. “Patient” means a person who: 1. Is admitted to a health facility for the purpose of receiving treatment; 2. Resides in a health facility; or 3. Receives treatment from a provider of health care. (Added to NRS by 2002 Special Session, 13; A 2019, 16…

NRS 439.815 “Patient safety officer” defined. “Patient safety officer” means a person who is designated as such by a health facility pursuant to NRS 439.870. (Added to NRS by 2002 Special Session, 13; A 2019, 1666)