2005 Nevada Revised Statutes - Chapter 442 — Maternal and Child Health; Abortion
CHAPTER 442 - MATERNAL AND CHILD HEALTH;ABORTION
GENERAL PROVISIONS
NRS 442.003 Definitions.
NRS 442.005 Administrationof chapter.
NRS 442.007 Standardsfor perinatal care: Regulations of State Board of Health.
NRS 442.008 Examinationof infants: Regulations; duties of physician, midwife, nurse, obstetric centeror hospital; exemption.
SYPHILIS
NRS 442.010 Examinationof pregnant woman for discovery of syphilis: Blood sample; treatment forinfection; exception.
NRS 442.020 Penalty.
OPHTHALMIA NEONATORUM
NRS 442.030 Inflammationof the eyes of the newborn defined.
NRS 442.040 Reportof existence of ophthalmia neonatorum to be made to local health officer;duties of health officer.
NRS 442.050 Physicianor midwife to instill germicide in eyes of newborn baby.
NRS 442.060 Reportof birth to include statement concerning instillation of germicide.
NRS 442.070 Dutiesof local health officer.
NRS 442.080 Dutiesof Health Division.
NRS 442.085 Regulationsof State Board of Health.
NRS 442.100 Interferencewith treatment by prayer or mental or spiritual means.
NRS 442.110 Penalty.
SICKLE CELL ANEMIA
NRS 442.118 AdvisoryCommittee Concerning Sickle Cell Anemia: Establishment; duties.
GRANTS TO SUBSIDIZE MALPRACTICE INSURANCE
NRS 442.119 Definitions.
NRS 442.1192 Subsidyauthorized for provider of prenatal care in county or community that lacksservices for such care.
NRS 442.1194 University of Nevada School of Medicine authorized to grant subsidy; amount of subsidy.
NRS 442.1196 Formand contents of application; eligibility.
NRS 442.1198 Dutiesof provider of prenatal care who receives subsidy.
SERVICES UNDER SOCIAL SECURITY ACT
Agency to Cooperate With Federal Authorities
NRS 442.120 Designationof Department.
Services for Maternal and Child Health
NRS 442.130 Programfor maternal and child health: Purposes; administration.
NRS 442.133 AdvisoryBoard on Maternal and Child Health: Creation; membership; terms; compensation.
NRS 442.135 AdvisoryBoard on Maternal and Child Health: Meetings; election of officers; appointmentof subcommittees.
NRS 442.137 AdvisoryBoard on Maternal and Child Health: Purpose and objectives.
NRS 442.140 Stateplan concerning services for maternal and child health; regulations.
NRS 442.150 Provisionsto be included in state plan.
NRS 442.153 Testingfor amblyopia to be included in state plan.
NRS 442.160 Dutiesof Administrator of Health Division.
NRS 442.170 Accountfor Maternal and Child Health Services.
Services for Children With Special Health Care Needs
NRS 442.180 Programof services: Administration; purposes.
NRS 442.190 Stateplan for services; regulations.
NRS 442.200 Provisionsto be included in state plan.
NRS 442.210 Dutiesof Administrator of Health Division.
NRS 442.215 Recoveryof costs of corrective treatment from parents by Administrator of HealthDivision.
NRS 442.217 Authorizationrequired before purchased services provided; exception.
NRS 442.220 Accountfor Childrens Special Health Care Services.
NRS 442.230 Cooperativeagreement with Federal Government to find, diagnose and treat children withspecial health care needs.
ABORTION
NRS 442.240 Abortiondefined.
NRS 442.250 Conditionsunder which abortion permitted. [NRS 442.250was submitted to and approved by referendum at the 1990 general election andtherefore is not subject to legislative amendment or repeal.]
NRS 442.252 Physicianto certify informed consent, marital status and age of woman before performingabortion.
NRS 442.253 Requirementsfor informed consent.
NRS 442.255 Noticeto custodial parent or guardian; request for authorization for abortion; rulesof civil procedure inapplicable.
NRS 442.2555 Procedureif district court denies request for authorization for abortion: Petition;hearing on merits; appeal.
NRS 442.256 Records.
NRS 442.257 Criminalpenalty.
NRS 442.260 HealthDivision to adopt regulations governing performance and reporting of abortions.
NRS 442.265 Hospitalto submit monthly report to State Registrar of Vital Statistics.
NRS 442.268 Civilimmunity of person performing judicially authorized abortion in accordance withprovisions of NRS 442.240 to
NRS 442.270 Liabilityfor failure to exercise reasonable care to preserve life of infant born asresult of attempted abortion.
BIRTH DEFECTS AND ADVERSE BIRTH OUTCOMES
NRS 442.300 Definitions.
NRS 442.305 Adversebirth outcome defined.
NRS 442.310 Birthdefect defined.
NRS 442.315 Systemdefined.
NRS 442.320 Statewidesystem for collection and analysis of information: Establishment andmaintenance; regulations.
NRS 442.325 Provisionof certain information by chief administrative officer of hospital or obstetriccenter; exclusion of name of patient; preparation of abstracts.
NRS 442.330 Accessto and use of information obtained by system: Restrictions; regulations.
FETAL ALCOHOL SYNDROME
NRS 442.385 Developmentand implementation of program of public education by Health Division.
NRS 442.390 Developmentof guidelines for providers of health care or other services by University ofNevada School of Medicine.
NRS 442.395 Confidentialityof reports and associated documentation relating to certain referrals to HealthDivision.
NRS 442.400 Requestfor and use of certain information from natural parent of child to be placedfor adoption.
NRS 442.405 Requestfor and use of certain information from natural parent of child to be placed infamily foster home.
NRS 442.410 Requestfor and use of certain information from natural parent of child whom courtdetermines must be kept in temporary or permanent custody.
NRS 442.415 HealthDivision: Adoption of regulations.
NRS 442.420 HealthDivision: Development and maintenance of system for monitoring syndrome.
NRS 442.425 Gifts,grants and contributions: Application for and acceptance by Health Division;administration and use.
SCREENING OF HEARING OF NEWBORN CHILDREN
NRS 442.500 Definitions.
NRS 442.510 Hearingscreening defined.
NRS 442.520 Hospitaldefined.
NRS 442.530 Providerof hearing screenings defined.
NRS 442.540 Certainmedical facilities prohibited from discharging newborn child born in facilityuntil child has undergone or been referred for hearing screening; exception;regulations.
NRS 442.550 Hearingscreenings: Persons authorized to conduct; certain medical facilities to hireor enter into written agreement with provider of hearing screenings;documentation to be placed in medical file of newborn child; written reports.
NRS 442.560 Hearingscreening not required if parent or legal guardian of newborn child objects inwriting; written objection to be placed in medical file of newborn child.
NRS 442.570 Physicianto recommend diagnostic evaluation if hearing screening indicates possibilityof hearing loss.
NRS 442.580 Leadphysician or audiologist: Designation; responsibilities.
NRS 442.590 Writtenbrochures: Creation by Health Division; required contents; distribution.
_________
GENERAL PROVISIONS
NRS
1. Advisory Board means the Advisory Board onMaternal and Child Health.
2. Department means the Department of Health andHuman Services.
3. Director means the Director of the Department.
4. Fetal alcohol syndrome includes fetal alcoholeffects.
5. Health Division means the Health Division of theDepartment.
6. Obstetric center has the meaning ascribed to itin NRS 449.0155.
7. Provider of health care or other services means:
(a) An alcohol and drug abuse counselor who is licensedor certified pursuant to chapter 641C ofNRS;
(b) A physician or a physician assistant who islicensed pursuant to chapter 630 or anosteopathic physician who is licensed pursuant to chapter633 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 apharmacist.
(Added to NRS by 1963, 946; A 1967, 1169; 1973, 1406;1991, 2295; 1999,1062, 3510;
NRS
(Added to NRS by 1963, 946)
NRS
1. The State Board of Health shall adopt regulationsestablishing standards for perinatal care provided by any provider of healthcare, based on recommendations submitted to the Board by the School of Medicineand School of Nursing of the Nevada System of Higher Education.
2. As used in this section, provider of health carehas the meaning ascribed to it in NRS629.031.
(Added to NRS by 1987, 1189; A 1993, 403)
NRS
1. The State Board of Health, upon the recommendationof the State Health Officer, shall adopt regulations governing examinations andtests required for the discovery in infants of preventable or inheritabledisorders, including tests for the presence of sickle cell anemia.
2. Any physician, midwife, nurse, obstetric center orhospital of any nature attending or assisting in any way any infant, or themother of any infant, at childbirth shall make or cause to be made anexamination of the infant, including standard tests, to the extent required byregulations of the State Board of Health as is necessary for the discovery ofconditions indicating such disorders.
3. If the examination and tests reveal the existenceof such conditions in an infant, the physician, midwife, nurse, obstetriccenter or hospital attending or assisting at the birth of the infant shallimmediately:
(a) Report the condition to the State Health Officer orhis representative, the local health officer of the county or city within whichthe infant or the mother of the infant resides, and the local health officer ofthe county or city in which the child is born; and
(b) Discuss the condition with the parent, parents orother persons responsible for the care of the infant and inform them of thetreatment necessary for the amelioration of the condition.
4. An infant is exempt from examination and testing ifeither parent files a written objection with the person or institutionresponsible for making the examination or tests.
(Added to NRS by 1967, 208; A 1977, 114, 960; 1989,1893; 1999, 1062,3511)(Substitutedin revision for NRS 442.115)
SYPHILIS
NRS
1. Except as provided in subsection 5, every:
(a) Physician attending a pregnant woman duringgestation for conditions relating to her pregnancy shall make an examination,including a standard serological test, for the discovery of syphilis. He shalltake or cause to be taken a sample of blood of the woman during the thirdtrimester and shall submit the sample to a qualified laboratory for a standardserological test for syphilis.
(b) Person permitted by law to attend upon pregnantwomen, but not permitted by law to make blood tests in Nevada, shall cause asample of the blood of the pregnant woman to be taken during the thirdtrimester by a duly licensed physician and submitted to a qualified laboratoryfor a standard serological test for syphilis.
2. A qualified laboratory is one approved by the StateBoard of Health. A qualified serological test for syphilis is one recognized assuch by the State Board of Health.
3. If the test is made in a state laboratory, it mustbe made without charge.
4. If the serological or physical examination testshows the pregnant woman is infected with syphilis, she immediately shallcommence treatment for syphilis and shall continue treatment until dischargedby a licensed physician.
5. If the pregnant woman objects to the taking of thesample of blood or the serological test because the test is contrary to thetenets or practices of her religion, the sample must not be taken and the testmust not be performed.
[Part 13:199:1911; A 1941, 353; 1931 NCL 5247](NRSA 1981, 1207)
NRS
[39:199:1911; added 1939, 297; 1931 NCL 5268.05](NRS A 1967, 579)
OPHTHALMIA NEONATORUM
NRS
[1:230:1921; NCL 5290]
NRS
1. Any physician, midwife, nurse, obstetric center orhospital of any nature, parent, relative or person attending or assisting inany way any infant, or the mother of any infant, at childbirth, or any timewithin 2 weeks after childbirth, knowing the condition defined in
2. Midwives shall immediately report conditions tosome qualified practitioner of medicine and thereupon withdraw from the caseexcept as they may act under the physicians instructions.
3. On receipt of such report, the health officer, orthe physician notified by a midwife, shall immediately give to the parents orpersons having charge of such infant a warning of the dangers to the eye oreyes of the infant, and shall, for indigent cases, provide the necessarytreatment at the expense of the county, city or other political subdivision.
[2:230:1921; NCL 5291](NRS A 1977, 960;
NRS
[3:230:1921; NCL 5292]
NRS
[4:230:1921; NCL 5293]
NRS
1. Investigate, or have investigated, each case asfiled with him in pursuance of the law, and any other cases which may come tohis attention.
2. Report all cases of inflammation of the eyes of thenewborn, and the result of all such investigations as the State Board of Healthmay direct.
3. Conform to such other rules and regulations as theState Board of Health shall promulgate for his further guidance.
[5:230:1921; NCL 5294]
NRS
1. Enforce the provisions of
2. Publish such advice and information concerning thedangers of inflammation of the eyes of the newborn as is necessary for promptand effective treatment.
3. Furnish copies of NRS442.030 to 442.110, inclusive, toall 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 ofinflammation of the eyes of the newborn which shall be filed in the office ofthe Health Division in pursuance of the law, and which may come to itsattention in any way, and constitute such records as part of the biennialreport to the Director.
5. Report any and all violations of
6. Furnish birth certificates, which shall include thequestion, Did you comply with NRS 442.050?If so, state what solution used.
7. Within the limit of funds available, providemedical services, appliances, drugs and information for birth control.
[6:230:1921; NCL 5295](NRS A 1963, 947; 1965, 529)
NRS
(Added to NRS by 1963, 947)
NRS
[10:230:1921; NCL 5299]
NRS
[8:230:1921; NCL 5297](NRS A 1967, 579; 1977, 960;1979, 1470; 1999,3511)
SICKLE CELL ANEMIA
NRS
1. Gather information concerning the need forscreening and awareness programs concerning sickle cell anemia, appropriate settingsfor such programs, and the manner of establishing and conducting such programs.
2. Make recommendations to the State Board ofEducation, the State Board of Health, and any other appropriate authoritiesconcerning the establishment of targeted screening and awareness programsconcerning sickle cell anemia.
3. Make recommendations to the State Board ofEducation, the State Board of Health, and any other appropriate state agencyconcerning the adoption of regulations necessary to implement the programs.
(Added to NRS by 1989, 1893)
GRANTS TO SUBSIDIZE MALPRACTICE INSURANCE
NRS
1. Health officer includes a local health officer, acity health officer, a county health officer and a district health officer.
2. Medicaid has the meaning ascribed to it in
3. Medicare has the meaning ascribed to it in
4. Provider of prenatal care means:
(a) A physician who is licensed in this state andcertified in obstetrics and gynecology, family practice, general practice orgeneral surgery.
(b) A certified nurse midwife who is licensed by theState Board of Nursing.
(c) An advanced practitioner of nursing who hasspecialized skills and training in obstetrics or family nursing.
(d) A physician assistant who has specialized skillsand training in obstetrics or family practice.
(Added to NRS by 1991, 2159; A 1995, 2685;
NRS
1. A provider of prenatal care who provides servicesto pregnant women, or a health officer acting on behalf of a provider ofprenatal care who provides services to pregnant women, in a county or communitythat lacks services for prenatal care may submit an application to theUniversity of Nevada School of Medicine for a grant to subsidize a portion ofthe malpractice insurance of the provider of prenatal care who providesservices to pregnant women in the county or community.
2. A county or community lacks services for prenatalcare if at least one of the following conditions is present:
(a) A provider of prenatal care does not offer servicesto pregnant women within the county or the community.
(b) Fifty percent or more of the live births to womenwho are residents of the county occur outside the county.
(c) The percentage of live births to women in thecounty or community who received no prenatal care exceeds the percentage oflive births to women in the State who received no prenatal care.
(d) The percentage of live births of babies with lowbirthweight to women in the county or community is higher than the percentageof live births of babies with low birthweight to women in the State.
3. If a county or district health officer applies fora grant on behalf of a provider of prenatal care, the county or district healthofficer must provide proof of the financial contribution by the county ordistrict for the provision of prenatal services for women who do not qualifyfor reimbursement pursuant to the State Plan for Medicaid.
(Added to NRS by 1991, 2159; A 1997, 1255;
NRS
1. The University of Nevada School of Medicine maygrant money to a provider of prenatal care or a health officer acting on behalfof a provider of prenatal care who submits an application pursuant to
2. A grant from the University of Nevada School ofMedicine may subsidize the malpractice insurance of the provider of prenatalcare in an amount up to the difference between the cost of the malpracticeinsurance of the provider of prenatal care with coverage for the provision ofprenatal care and without such coverage.
(Added to NRS by 1991, 2160; A
NRS
1. The application submitted pursuant to
2. The application must contain:
(a) If the applicant is a health officer applying onbehalf of a provider of prenatal care, information concerning the collaborationbetween the health officer and the provider of prenatal care and medicalfacilities within the county or community.
(b) A plan for providing prenatal care for women in thecounty or community who have low incomes or who do not qualify for any stateprogram for medical care.
(c) A plan for improving the health care of pregnantwomen in the county or community.
3. To be eligible for a subsidy for his malpracticeinsurance, a provider of prenatal care must submit evidence that:
(a) He has completed training in prenatal care that isapproved by the University of Nevada School of Medicine;
(b) He is currently covered by malpractice insurance;
(c) He accepts reimbursement for services rendered fromMedicaid and Medicare; and
(d) He will continue to provide prenatal care in thespecified county or community for not less than 1 year.
(Added to NRS by 1991, 2160; A 1995, 2685;
NRS
1. Attend 15 hours per year of continuing educationconcerning risk management or the care of a patient relating to prenatalservices and submit documentation of attendance at the continuing education tothe University of Nevada School of Medicine.
2. Collect data as required by the University ofNevada School of Medicine or the Health Division.
3. Provide prenatal care for a woman without regard toher economic status or ability to pay.
4. Refer a pregnant woman to another provider ofprenatal care if, in the judgment of the provider, he cannot provide the carerequired by the woman.
5. Carry out the plan for improving the health care ofpregnant women in the county or community pursuant to paragraph (c) of subsection2 of NRS 442.1196.
(Added to NRS by 1991, 2160)
SERVICES UNDER SOCIAL SECURITY ACT
Agency to Cooperate With Federal Authorities
NRS
[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
NRS
1. The Department is hereby designated as the agencyof this State to administer, through the Health Division, a maternal and childhealth program, and to supervise the administration of those services includedin 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 ofdemonstration services in needy areas for mothers and children.
[1:126:1927; 1931 NCL 5317.01](NRS A 1963, 947)
NRS
1. The Advisory Board on Maternal and Child Health ishereby created.
2. The Advisory Board consists of:
(a) Nine members to be appointed by the Governor from alist of persons provided by the Administrator of the Health Division;
(b) One member of the Senate appointed by theLegislative Commission; and
(c) One member of the Assembly appointed by theLegislative Commission.
3. The members who are:
(a) Appointed by the Governor serve terms of 2 years.
(b) Legislators serve terms that begin on the thirdMonday in January of odd-numbered years and end the third Monday in January ofthe next odd-numbered year.
Any memberof the Advisory Board may be reappointed.
4. Except during a regular or special session of theLegislature, each Legislator who is a member of the Advisory Board is entitledto receive the compensation provided for a majority of the members of theLegislature during the first 60 days of the preceding regular session for eachday or portion of a day during which he attends a meeting of the Advisory Boardor is otherwise engaged in the work of the Advisory Board and the per diemallowance and travel expenses provided for state officers and employees generally.The salaries, per diem and travel expenses of the legislative members must bepaid from the Legislative Fund. Each nonlegislative member of the AdvisoryBoard serves without compensation but is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally. The per diem allowance and travel expenses must be paid from theAccount for Maternal and Child Health Services.
(Added to NRS by 1991, 2294)
NRS
1. The Advisory Board shall meet at least quarterlyand at the times and places specified by the call of the Chairman.
2. The members of the Advisory Board shall elect aChairman and a Vice Chairman from among their membership.
3. The Chairman may appoint a subcommittee of theBoard to study and make recommendations regarding a specific issue as requestedby the Administrator or a Board member. The composition of the subcommitteemust be approved by a majority vote of the Board.
(Added to NRS by 1991, 2295)
NRS
1. Ensuring the availability and accessibility ofprimary care health services;
2. Reducing the rate of infant mortality;
3. Reducing the incidence of preventable diseases andhandicapping conditions among children;
4. Identifying the most effective methods of preventingfetal alcohol syndrome and collecting information relating to the incidence offetal alcohol syndrome in this state;
5. Preventing the consumption of alcohol by womenduring pregnancy;
6. Reducing the need for inpatient and long-term careservices;
7. Increasing the number of children who areappropriately immunized against disease;
8. Increasing the number of children from low-incomefamilies who are receiving assessments of their health;
9. Ensuring that services to follow up the assessmentsare available, accessible and affordable to children identified as in need ofthose services;
10. Assisting the Health Division in developing aprogram of public education that it is required to develop pursuant to
11. Assisting the University of Nevada School ofMedicine in reviewing, amending and distributing the guidelines it is requiredto develop pursuant to NRS 442.390; and
12. Promoting the health of infants and mothers byensuring the availability and accessibility of affordable perinatal services.
(Added to NRS by 1991, 2295; A
NRS
1. The Department may:
(a) Formulate, adopt and administer, through the StateBoard of Health and the Health Division, a detailed plan for the purposesspecified in NRS 442.130.
(b) Adopt, through the State Board of Health, regulationsnecessary for the administration of the plan and the administration of
2. In developing and revising the plan, the Departmentshall consider:
(a) The amount of money available from the FederalGovernment for services relating to maternal and child health;
(b) The conditions attached to the acceptance of moneyfrom the Federal Government; and
(c) The limitations of legislative appropriations forservices relating to maternal and child health.
[Part 2:126:1937; 1931 NCL 5317.02](NRS A 1963,948; 1981, 1899; 1991, 2295)
NRS
1. Financial participation by this State.
2. Administration of the plan by the Department,through the Health Division, and supervision by the Department, through theHealth Division, of the administration of any service included in the plan thatis not administered directly by the Health Division.
3. Such methods of administration as are necessary forefficient operation of the plan.
4. Maintenance of records and preparation, submissionand filing of reports of services rendered.
5. Cooperation with local medical, health, nursing andwelfare groups and organizations for the purpose of extending and improving maternaland child health.
6. Receiving and expending in the manner provided in
7. Cooperating with the Federal Government, throughits 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 areasamong groups in special need.
8. Carrying out the purposes specified in
[Part 2:126:1937; 1931 NCL 5317.02](NRS A 1963,948; 1991, 2296)
NRS
(Added to NRS by 1977, 451)
NRS
1. The Administrator of the Health Division is theadministrative officer of the Health Division with respect to theadministration and enforcement of:
(a) The provisions of NRS442.130 to 442.170, inclusive;
(b) The plan formulated and adopted for the purposes ofNRS 442.130 to
(c) All regulations necessary thereto and adopted bythe State Board of Health.
2. The Administrator shall administer and enforce allregulations adopted by the State Board of Health for the efficient operation ofthe plan formulated by the State Board of Health and the Health Division forthe purposes of NRS 442.130 to
3. The Administrator shall:
(a) Maintain his office in Carson City, Nevada, orelsewhere 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
(c) If directed by the terms of the plan or by theDirector, provide such medical, surgical or other services as are necessary tocarry out the provisions of the plan and of NRS442.130 to 442.170, inclusive.
4. The Administrator, with the assistance of the StateHealth Officer, shall make such reports, in such form and containing suchinformation concerning the subjects of NRS442.130 to 442.170, inclusive, asrequired by the Secretary of Health and Human Services.
5. The Administrator shall, in accordance with therules and regulations of the Secretary of Health and Human Services and of theSecretary of the Treasury, requisition and cause to be deposited with the StateTreasurer all money allotted to this State by the Federal Government for thepurposes of NRS 442.130 to
[3:126:1937; 1931 NCL 5317.03](NRS A 1963, 948;1983, 137, 834; 1991, 2296)
NRS
1. The State Treasurer is custodian of all moneyappropriated by this State, allotted to this State by the Federal Government orreceived by this State from other sources, for the purposes of
2. The Division shall deposit the money in the StateTreasury for credit to the Account for Maternal and Child Health Services.
3. All claims and demands against the Account must bepaid only upon the Administrators certifying the claims and demands in propervouchers to the State Controller who shall thereupon draw his warrant orwarrants 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
NRS
1. The Department is hereby designated as the agencyof this State to administer a program of service for children who have specialhealth care needs or who are suffering from conditions which lead to ahandicap, and to supervise the administration of those services included in theprogram which are not administered directly by it.
2. The purpose of the program is to develop, extendand improve services for locating such children, and for providing for medical,surgical, corrective and other services and care, and providing facilities fordiagnosis, hospitalization and aftercare.
[1:119:1937; 1931 NCL 5316.01](NRS A 1963, 949;1991, 282)
NRS
1. The Department may:
(a) Formulate, adopt and administer, through the StateBoard of Health and the Health Division, a detailed plan or plans for thepurposes specified in NRS 442.180.
(b) Adopt, through the State Board of Health,regulations necessary for the administration of the plan or plans and theadministration of NRS 442.180 to
2. In developing and revising the plan or plans, theDepartment shall consider, among other things, the amount of money availablefrom the Federal Government for services to children with special health careneeds and the conditions attached to the acceptance of such money, and thelimitations of legislative appropriations for services to children with specialhealth care needs.
[Part 2:119:1937; 1931 NCL 5316.02](NRS A 1963,950; 1975, 74; 1981, 1900; 1991, 282)
NRS
1. Financial participation by this State.
2. Administration of such plan or plans by theDepartment, through the Health Division, and supervision by the Department, throughthe Health Division, of the administration of such services included in theplan or plans which are not administered directly by the Health Division.
3. Such methods of administration as are necessary forefficient operation of such plan or plans.
4. Maintenance of records and preparation, submissionand filing of reports of services rendered.
5. Cooperation with medical, health, nursing andwelfare groups and organizations, and with any agency of the State charged withthe administration of laws providing for vocational rehabilitation ofphysically handicapped children.
6. Receiving and expending in the manner provided in
7. Cooperating with the Federal Government, throughits appropriate agency or instrumentality, in developing, extending andimproving such services and in the administration of such plan or plans.
8. Carrying out the purposes specified in
[Part 2:119:1937; 1931 NCL 5316.02](NRS A 1963,950; 1975, 75)
NRS
1. The Administrator of the Health Division shalladminister and enforce the provisions of NRS442.180 to 442.220, inclusive, andof the plan or plans formulated and adopted for the purposes of
2. The Administrator shall administer and enforce allregulations adopted by the State Board of Health for the efficient operation ofsuch plan or plans formulated by the State Board of Health and the HealthDivision for the purposes of NRS 442.180to 442.220, inclusive.
3. The Administrator shall maintain his office inCarson City, Nevada, or elsewhere in the State as directed by the Director, andkeep therein all records, reports, papers, books and documents pertaining tothe subjects of NRS 442.180 to
4. The Administrator shall, from time to time asdirected by the Secretary of Health and Human Services, make reports, in suchform and containing such information concerning the subjects of
5. The Administrator shall from time to time pursuantto the rules and regulations of the Secretary of Health and Human Services andof the Secretary of the Treasury, requisition and cause to be deposited withthe State Treasurer all money allotted to this state by the Federal Governmentfor the purposes of NRS 442.180 to
[3:119:1937; 1931 NCL 5316.03](NRS A 1963, 951;1975, 75; 1983, 138, 835; 1991, 282)
NRS
1. The Administrator of the Health Division mayrecover costs of corrective treatment for children with special health careneeds from the parents of the child who receives the treatment, pursuant tosubsections 2 and 3.
2. The Administrator shall investigate the financialcircumstances of a parent of a child with special health care needs for whom anapplication is made to determine whether part or all of the expenses fortreatment should be paid for by such parent.
3. The Administrator may authorize correctivetreatment for a child with special health care needs at state expense when itis determined that the parent of the child is unable to pay the cost of this treatmentor any part thereof. A determination of ability to pay and eligibility forpayment at state expense must be based on the following factors:
(a) Resources of the parent, including hospital andmedical insurance;
(b) Other available sources of payment, including stateaid 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 naturalparent or an adoptive parent.
(Added to NRS by 1969, 1090; A 1977, 471; 1983, 836;1991, 283)
NRS
1. All services purchased for children with specialhealth care needs pursuant to NRS 442.180to 442.220, inclusive, must beauthorized by the Health Division before the time such services are provided,and a record of such authorizations must be retained as part of the childscase record in the Health Division.
2. Authorizations for services provided during thehours when the offices of the Health Division are closed may be issuedretroactively, provided that:
(a) The child meets the eligibility requirements of theProgram; and
(b) The Health Division is notified by the physician,hospital or other provider of services within 72 hours following the timeservice was provided.
(Added to NRS by 1975, 74; A 1991, 284)
NRS
1. The State Treasurer is custodian of all moneyappropriated by this State, allotted to this State by the Federal Government orreceived by this State from other sources, for the purposes of
2. The Division shall deposit the money in the StateTreasury for credit to the Account for Childrens Special Health Care Services.
3. All claims and demands against the Account must bepaid only upon the Administrators certifying the claims and demands in propervouchers to the State Controller who shall thereupon draw his warrant orwarrants 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)
NRS
1. The Department may enter into a cooperativeagreement or agreements with the United States Department of Health and HumanServices, prescribing the manner, terms and conditions of cooperation by theDepartment and the United States Department of Health and Human Services inproviding for the finding, diagnosis and treatment of children with specialhealth care needs, including children with rheumatic fever.
2. Such agreements may provide for the amounts whichthe State and the Federal Government will contribute under the agreement, andthe Department shall be bound and governed by such agreement or agreements.
[1:324:1951](NRS A 1963, 952; 1983, 139; 1991, 284)
ABORTION
NRS
(Added to NRS by 1973, 1637; A 1981, 1163; 1985,2307)
NRS
1. No abortion may be performed in this state unlessthe abortion is performed:
(a) By a physician licensed to practice in this stateor by a physician in the employ of the government of the United States who:
(1) Exercises his best clinical judgment in thelight of all attendant circumstances including the accepted professionalstandards of medical practice in determining whether to perform an abortion;and
(2) Performs the abortion in a manner consistentwith accepted medical practices and procedures in the community.
(b) Within 24 weeks after the commencement of thepregnancy.
(c) After the 24th week of pregnancy only if thephysician has reasonable cause to believe that an abortion currently isnecessary to preserve the life or health of the pregnant woman.
2. All abortions performed after the 24th week ofpregnancy or performed when, in the judgment of the attending physician, thereis a reasonable likelihood of the sustained survival of the fetus outside ofthe womb by natural or artificial supportive systems must be performed in ahospital licensed under chapter 449 of NRS.
3. Before performing an abortion pursuant tosubsection 2, the attending physician shall enter in the permanent records ofthe patient the facts on which he based his best clinical judgment that thereis a substantial risk that continuance of the pregnancy would endanger the lifeof the patient or would gravely impair the physical or mental health of thepatient.
(Added to NRS by 1973, 1637; A 1975, 367; 1977, 961;1981, 1164; 1985, 2307)
NRS
(Added to NRS by 1981, 1162; A 1985, 2308)
NRS
1. The attending physician or a person meeting thequalifications established by regulations adopted by the Health Division shallaccurately and in a manner which is reasonably likely to be understood by thepregnant woman:
(a) Explain that, in his professional judgment, she ispregnant and a copy of her pregnancy test is available to her.
(b) Inform her of the number of weeks which haveelapsed from the probable time of conception.
(c) Explain the physical and emotional implications ofhaving the abortion.
(d) Describe the medical procedure to be used, itsconsequences and the proper procedures for her care after the abortion.
2. The attending physician shall verify that allmaterial facts and information, which in his professional judgment arenecessary to allow the woman to give her informed consent, have been providedto her and that her consent is informed.
3. If the woman does not understand English, the formindicating consent must be written in a language understood by her, or theattending physician shall certify on the form that the information required tobe given has been presented in such a manner as to be understandable by her. Ifan interpreter is used, the interpreter must be named and reference to this usemust be made on the form for consent.
(Added to NRS by 1981, 1162; A 1985, 2308)
NRS
1. Unless in the judgment of the attending physicianan abortion is immediately necessary to preserve the patients life or healthor an abortion is authorized pursuant to subsection 2 or
2. An unmarried or unemancipated woman who is underthe age of 18 years may request a district court to issue an order authorizingan abortion. If so requested, the court shall interview the woman at theearliest practicable time, which must be not more than 2 judicial days afterthe request is made. If the court determines, from any information provided bythe woman and any other evidence that the court may require, that:
(a) She is mature enough to make an intelligent andinformed decision concerning the abortion;
(b) She is financially independent or is emancipated;or
(c) The notice required by subsection 1 would bedetrimental to her best interests,
the courtshall issue an order within 1 judicial day after the interview authorizing aphysician to perform the abortion in accordance with the provisions of
3. If the court does not find sufficient grounds toauthorize a physician to perform the abortion, it shall enter an order to thateffect within 1 judicial day after the interview. If the court does not enteran order either authorizing or denying the performance of the abortion within 1judicial day after the interview, authorization shall be deemed to have beengranted.
4. The court shall take the necessary steps to ensurethat the interview and any other proceedings held pursuant to this subsectionor NRS 442.2555 are confidential. Therules of civil procedure do not apply to any action taken pursuant to thissubsection.
(Added to NRS by 1981, 1163; A 1985, 2309)
NRS
1. If the order is denied pursuant to
(a) For consultation, research and other timereasonably 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 theminor, the age of the minor, the estimated number of weeks elapsed from theprobable time of conception, and whether maturity, emancipation, notificationdetrimental to the minors best interests or a combination thereof are reliedupon in avoidance of the notification required by
3. A hearing on the merits of the petition, on therecord, must be held as soon as possible and within 5 judicial days after thefiling of the petition. At the hearing the court shall hear evidence relatingto:
(a) The minors emotional development, maturity,intellect and understanding;
(b) The minors degree of financial independence anddegree of emancipation from parental authority;
(c) The minors best interests relative to parentalinvolvement in the decision whether to undergo an abortion; and
(d) Any other evidence that the court may find usefulin 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 authorizationto permit a physician to perform an abortion without the notification requiredin NRS 442.255; or
(b) Deny the petition, setting forth the grounds onwhich the petition is denied.
5. An appeal from an order issued under subsection 4may be taken to the Supreme Court, which shall suspend the Nevada Rules ofAppellate Procedure pursuant to N.R.A.P.2 to provide for an expedited appeal. The notice of intent to appeal mustbe given within 1 judicial day after the issuance of the order. The record on appealmust be perfected within 5 judicial days after the filing of the notice ofappeal and transmitted to the Supreme Court. The Court, shall, by court orderor rule, provide for a confidential and expedited appellate review of casesappealed under this section.
(Added to NRS by 1985, 2306)
NRS
1. The written consent of the woman;
2. A statement of the information which was providedto the woman pursuant to NRS 442.253;and
3. A description of efforts to give any noticerequired by NRS 442.255.
(Added to NRS by 1981, 1163; A 1985, 2310)
NRS
(Added to NRS by 1981, 1163)
NRS
1. The Health Division shall adopt and enforceregulations governing the conditions under and the methods by which abortionsmay be performed, the reasonable minimum qualifications of a person authorizedto provide the information required in NRS442.253, as well as all other aspects pertaining to the performance ofabortions pursuant to NRS 442.250.
2. The Health Division shall adopt and enforceregulations for a system for reporting abortions. This system must be designedto preserve confidentiality of information on the identity of women upon whomabortions are performed. The Health Division may require that the followingitems 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 thecity, 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 fromfirst day of last normal menses to date of abortion, and as estimated byuterine 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 canbe reasonably obtained, for each previous abortion.
3. The Health Division may adopt regulations to permitstudies of individual cases of abortion, but these studies must not bepermitted unless:
(a) Absolute assurance is provided that confidentialityof information on the persons involved will be preserved;
(b) Informed consent of each person involved in thestudy is obtained in writing;
(c) The study is conducted according to establishedstandards and ethics; and
(d) The study is related to problems of health and hasscientific merit with regard to both design and the importance of the problemsto be solved.
(Added to NRS by 1973, 1638; A 1973, 1406; 1985,2310)
NRS
1. The number of patients admitted for hospital carefor a complication which resulted from an abortion;
2. The nature of the complication by its diagnosticname; and
3. The type of abortion.
(Added to NRS by 1981, 1941)
NRS
(Added to NRS by 1985, 2307)
NRS
(Added to NRS by 1973, 1639; A 1975, 368; 1985, 2311)
BIRTH DEFECTS AND ADVERSE BIRTH OUTCOMES
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. The Health Division, in cooperation with theUniversity of Nevada School of Medicine, shall establish and maintain astatewide system for the collection and analysis of information concerningbirth defects and other adverse birth outcomes.
2. The State Board of Health shall adopt regulationsto carry out the provisions of NRS 442.300to 442.330, inclusive. The regulationsmust:
(a) Establish a procedure to inform a patient that hisname will be used for research and referrals to related services unless herequests the exclusion of his name from the system; and
(b) Require the exclusion from the system of the nameof a patient if the patient or, if the patient is a minor, a parent or legalguardian of the patient has requested in writing to exclude the name of thepatient from the system.
3. The provisions of NRS442.300 to 442.330, inclusive, donot authorize any prenatal genetic testing of children.
(Added to NRS by
NRS
1. Except as otherwise provided in subsection 2, thechief administrative officer of each hospital and obstetric center or hisrepresentative shall:
(a) Prepare and make available to the State HealthOfficer or his representative a list of:
(1) Patients who are under 7 years of age andhave been diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birthoutcomes; and
(b) Make available to the State Health Officer or hisrepresentative the records of the hospital or obstetric center regarding:
(1) Patients who are under 7 years of age andhave been diagnosed with one or more birth defects; and
(2) Patients discharged with adverse birthoutcomes.
2. The name of a patient must be excluded from theinformation prepared and made available pursuant to subsection 1 if the patientor, if the patient is a minor, a parent or legal guardian of the patient hasrequested in writing to exclude the name of the patient from that informationin the manner prescribed by the State Board of Health pursuant to
3. The State Health Officer or his representativeshall abstract from the records and lists required to be prepared and madeavailable pursuant to this section such information as is required by the StateBoard of Health for inclusion in the system.
4. As used in this section, hospital has the meaningascribed to it in NRS 449.012.
(Added to NRS by
NRS
1. Information obtained by the system from any sourcemay be used only:
(a) To investigate the causes of birth defects andother adverse birth outcomes;
(b) To determine, evaluate and develop strategies toprevent 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 forchildren identified with birth defects.
2. The State Board of Health shall adopt regulationsto ensure that:
(a) Access to information contained in the system islimited to persons authorized and approved by the State Health Officer or hisrepresentative who are employed by the Health Division or the University ofNevada School of Medicine.
(b) Any information obtained by the system that wouldreveal 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 insubsection 1.
3. This section does not prohibit the publishing ofstatistical compilations relating to birth defects and other adverse birthoutcomes that do not in any manner identify individual patients or individualsources of information.
(Added to NRS by
FETAL ALCOHOL SYNDROME
NRS
1. Educational messages that are directed toward thegeneral public and specific geographical areas and groups of persons in thisState that are identified pursuant to subsection 1 of
2. Providing training materials to school personnel toassist them in identifying pupils who may be suffering from fetal alcoholsyndrome and offering to provide the parents of those pupils with a referralfor diagnostic services and treatment.
3. If a toll-free telephone service is otherwiseprovided by the Health Division, the use of that telephone service for providinginformation relating to programs for the treatment of substance abuse,providers of health care or other services and other available resources, andreferrals to those programs, if appropriate. The telephone number must bedisclosed in the educational messages provided pursuant to this section.
(Added to NRS by
NRS
1. Pregnant women who are at a high risk of consumingalcohol during pregnancy; and
2. Children who are suffering from fetal alcoholsyndrome.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Included in the report provided to the adoptingparents of the child pursuant to NRS 127.152;and
2. Reported to the Health Division on a formprescribed by the Health Division. The report must not contain any identifyinginformation and may be used only for statistical purposes.
(Added to NRS by
NRS
1. The agency which provides child welfare servicesshall inquire, during its initial contact with a natural parent of a child whois to be placed in a family foster home, about consumption of alcohol orsubstance abuse by the mother of the child during pregnancy. The informationobtained from the inquiry must be:
(a) Provided to the provider of family foster carepursuant to NRS 424.038; and
(b) Reported to the Health Division on a formprescribed by the Health Division. The report must not contain any identifyinginformation and may be used only for statistical purposes.
2. As used in this section, family foster home hasthe meaning ascribed to it in NRS 424.013.
(Added to NRS by
NRS
1. Included in the report the agency is required tomake pursuant to NRS 432B.540; and
2. Reported to the Health Division on a formprescribed by the Health Division. The report must not contain any identifyinginformation and may be used only for statistical purposes.
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Identifying the geographical areas in this state inwhich women are at a high risk of consuming alcohol during pregnancy and groupsof persons in this state that include such women;
2. Identifying and evaluating deficiencies in existingsystems for delivering perinatal care; and
3. Collecting and analyzing data relating to systemsfor delivering perinatal care.
(Added to NRS by
NRS
1. The Health Division may apply for and accept gifts,grants and contributions from any public or private source to carry out itsduties pursuant to the provisions of NRS442.385 to 442.425, inclusive.
2. The Health Division shall account separately forthe money received from those gifts, grants or contributions. The Administratorof the Health Division shall administer the account, and all claims against theaccount must be approved by the Administrator before they are paid.
3. The money in the account must be used only to carryout the provisions of NRS 442.385 to
(Added to NRS by
SCREENING OF HEARING OF NEWBORN CHILDREN
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. Except as otherwise provided in this section and
2. The requirements of subsection 1 do not apply to ahospital in which fewer than 500 childbirths occur annually.
3. The State Board of Health shall adopt suchregulations as are necessary to carry out the provisions of
(Added to NRS by
NRS
1. A hearing screening required by
2. A licensed hospital and a licensed obstetric centershall hire, contract with or enter into a written memorandum of understandingwith a provider of hearing screenings to:
(a) Conduct a program for hearing screenings on newbornchildren in accordance with NRS 442.500to 442.590, inclusive;
(b) Provide appropriate training for the staff of thehospital or obstetric center;
(c) Render appropriate recommendations concerning theprogram for hearing screenings; and
(d) Coordinate appropriate follow-up services.
3. Not later than 24 hours after a hearing screeningis conducted on a newborn child, appropriate documentation concerning thehearing screening, including, without limitation, results, interpretations andrecommendations, must be placed in the medical file of the newborn child.
4. A licensed hospital and a licensed obstetric centershall annually prepare and submit to the Health Division a written reportconcerning hearing screenings of newborn children in accordance withregulations adopted by the State Board of Health. The report must include,without limitation, the number of newborn children screened and the results ofthe screenings.
5. The Health Division shall annually prepare andsubmit to the Governor a written report relating to hearing tests for newbornchildren. The written report must include, without limitation:
(a) A summary of the results of hearing screeningsadministered to newborn children and any other related information submitted inaccordance with the regulations of the State Board of Health;
(b) An analysis of the effectiveness of the provisionsof NRS 442.500 to
(c) Any related recommendations for legislation.
(Added to NRS by
NRS
(Added to NRS by
NRS
(Added to NRS by
NRS
1. The administration of the Program for conductinghearing screenings of newborn children; and
2. Monitoring the scoring and interpretation of thetest results of the hearing screenings.
(Added to NRS by
NRS
1. The Health Division shall create written brochuresthat use terms which are easily understandable to a parent or legal guardian ofa newborn child and include, without limitation:
(a) Information concerning the importance of screeningthe hearing of a newborn child; and
(b) A description of the normal development of auditoryprocesses, speech and language in children.
2. The Health Division shall provide the brochurescreated pursuant to subsection 1 to each licensed hospital and each licensedobstetric center in this state. These facilities shall provide the brochures tothe parents or legal guardians of a newborn child.
(Added to NRS by
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