Title 40

NRS 442.110 Penalty. Any physician, midwife, nurse, manager or person in charge of a freestanding birthing 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,…

NRS 442.119 Definitions. 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…

NRS 442.1192 Subsidy authorized for provider of prenatal care in county or community that lacks services for such care. 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 service…

NRS 442.1194 University of Nevada School of Medicine authorized to grant subsidy; amount of subsidy. 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 ap…

NRS 442.1196 Form and contents of application; eligibility. 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 …

NRS 442.1198 Duties of provider of prenatal care who receives subsidy. A provider of prenatal care who receives a subsidy for malpractice insurance pursuant to NRS 442.119 to 442.1198, inclusive, shall: 1. Attend 15 hours per year of continuing education concerning risk managemen…

NRS 442.120 Designation of Department. The Department is hereby designated as the agency of this State to cooperate, through the Division, with the duly constituted federal authorities in the administration of those parts of the Social Security Act which relate to the maternal an…

NRS 442.130 Program for maternal and child health: Purposes; administration. 1. The Department is hereby designated as the agency of this State to administer, through the Division, a maternal and child health program, and to supervise the administration of those services included…

NRS 442.133 Advisory Board on Maternal and Child Health: Creation; membership; terms; compensation. 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 State Board of Health from a list o…

NRS 442.135 Advisory Board on Maternal and Child Health: Meetings; election of officers; appointment of subcommittees. 1. The Advisory Board shall meet at least quarterly and at the times and places specified by the call of the Chair. 2. The members of the Advisory Board shall el…

NRS 442.137 Advisory Board on Maternal and Child Health: Purpose and objectives. The purpose of the Advisory Board is to advise the Administrator of the Division concerning perinatal care to enhance the survivability and health of infants and persons who are pregnant, are giving …

NRS 442.140 State plan concerning services for maternal and child health; regulations. 1. The Department may: (a) Formulate, adopt and administer, through the State Board of Health and the Division, a detailed plan for the purposes specified in NRS 442.130. (b) Adopt, through the…

NRS 442.150 Provisions to be included in state plan. 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 Division, and supervision by the Department, t…

NRS 442.153 Testing for amblyopia to be included in state plan. The Department, through the State Board of Health and the 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…

NRS 442.160 Duties of Administrator of Division. 1. The Administrator of the Division is the administrative officer of the 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 …

NRS 442.170 Account for Maternal and Child Health Services. 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, incl…

NRS 442.180 Program of services: Administration; purposes. 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 s…

NRS 442.190 State plan for services; regulations. 1. The Department may: (a) Formulate, adopt and administer, through the State Board of Health and the Division, a detailed plan or plans for the purposes specified in NRS 442.180. (b) Adopt, through the State Board of Health, regu…

NRS 442.200 Provisions to be included in state plan. 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 Division, and supervision by the Department,…

NRS 442.210 Duties of Administrator of Division. 1. The Administrator of the 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 r…

NRS 442.215 Recovery of costs of corrective treatment from parents by Administrator of Division. 1. The Administrator of the Division may recover costs of corrective treatment for children with special health care needs from the parents of the child who receives the treatment, pu…

NRS 442.217 Authorization required before purchased services provided; exception. 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 Division before the time such services are provided, an…

NRS 442.220 Account for Children’s Special Health Care Services. 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,…

NRS 442.230 Cooperative agreement with Federal Government to find, diagnose and treat children with special health care needs. 1. The Department may enter into a cooperative agreement or agreements with the United States Department of Health and Human Services, prescribing the ma…

NRS 442.240 “Abortion” defined. 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 ar…

NRS 442.250 Conditions under which abortion permitted. [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 perf…

NRS 442.252 Physician to obtain informed consent before performing abortion. No physician may perform an abortion in this state unless, before the physician performs it, he or she obtains the informed consent of the woman seeking the abortion pursuant to NRS 442.253. (Added to NR…

NRS 442.253 Requirements for informed consent. 1. The attending physician or a person meeting the qualifications established by regulations adopted by the Division shall: (a) In an accurate and thorough manner which is reasonably likely to be understood by the pregnant woman, ora…

NRS 442.255 Notice to custodial parent or guardian; request for authorization for abortion; rules of civil procedure inapplicable. 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 …

NRS 442.2555 Procedure if district court denies request for authorization for abortion: Petition; hearing on merits; appeal. 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 a…

NRS 442.256 Records. 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 form indicating consent completed in compliance with subsection 3 of NRS 442.253. 2. A statement of the information …

NRS 442.257 Criminal penalty. 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)

NRS 442.260 Division to adopt regulations governing performance and reporting of abortions. 1. The 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 au…

NRS 442.265 Hospital to submit monthly report to State Registrar of Vital Statistics. 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 compli…

NRS 442.268 Civil immunity of person performing judicially authorized abortion in accordance with provisions of NRS 442.240 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 …

NRS 442.270 Liability for failure to exercise reasonable care to preserve life of infant born as result of attempted abortion. 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…

NRS 442.300 Definitions. 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)

NRS 442.305 “Adverse birth outcome” defined. “Adverse birth outcome” includes stillbirths. (Added to NRS by 1999, 3509)

NRS 442.310 “Birth defect” defined. “Birth defect” means any structural or chemical abnormality present in a child at birth. (Added to NRS by 1999, 3509)

NRS 442.315 “System” defined. “System” means the system established and maintained pursuant to NRS 442.320. (Added to NRS by 1999, 3509)

NRS 442.320 Statewide system for collection and analysis of information: Establishment and maintenance; regulations. 1. The Division, in cooperation with the University of Nevada School of Medicine, shall establish and maintain a statewide system for the collection and analysis o…

NRS 442.325 Provision of certain information by chief administrative officer of hospital or freestanding birthing center; exclusion of name of patient; preparation of abstracts. 1. Except as otherwise provided in subsection 2, the chief administrative officer of each hospital and…

NRS 442.330 Access to and use of information obtained by system: Restrictions; exceptions; regulations. 1. Except as otherwise provided in NRS 439.597, information obtained by the system from any source may be used only: (a) To investigate the causes of birth defects and other ad…

NRS 442.340 Health warning about effects of smoking during pregnancy to be posted in certain retail establishments. 1. Each retail establishment in which cigarettes are sold or offered for sale shall post at least one sign that meets the requirements of this section in a location…

NRS 442.385 Development and implementation of program of public education by Division. The Division shall develop and carry out a program of public education to increase public awareness about the dangers of fetal alcohol spectrum disorders and other adverse effects on a fetus th…

NRS 442.390 Development of guidelines for providers of health care or other services by University of Nevada School of Medicine. The University of Nevada School of Medicine shall develop guidelines to assist a provider of health care or other services in identifying: 1. Pregnant …