Nevada Administrative Code
Chapter 441A - INFECTIOUS DISEASES; TOXIC AGENTS
REPORTING OF COMMUNICABLE DISEASES
Section 441A.235 - Duty of director or other person in charge of medical laboratory to report findings of communicable disease, causative agent of communicable disease or immune response to causative agent; contents of report; submission of certain microbiologic cultures, subcultures, or other specimen or clinical material; reportable level of CD4 lymphocyte counts

Universal Citation: NV Admin Code 441A.235

Current through September 16, 2024

1. Except as otherwise provided in NAC 441A.240, the director or other person in charge of a medical laboratory in which a test or examination of any specimen derived from the human body yields evidence suggesting the presence of a communicable disease, a causative agent of a communicable disease or an immune response to a causative agent of a communicable disease shall:

(a) If the medical laboratory is in this State, report the findings to the health authority having jurisdiction where the office of the health care provider who ordered the test or examination is located or to an electronic clearinghouse approved by the health authority.

(b) If the medical laboratory performed the test or examination on specimens obtained in this State or from residents of this State, and the medical laboratory is located outside of this State, report the findings to the Chief Medical Officer.

The report must be made in the manner provided in NAC 441A.225.

2. The report must include:

(a) The date and result of the test or examination performed.

(b) The name, address and, if available, telephone number of the person from whom the specimen was obtained.

(c) The sex, age and date of birth of the person from whom the specimen was obtained, if available.

(d) The name of the health care provider who ordered the test or examination.

(e) The name and the address or telephone number of the medical laboratory making the report.

(f) Any other information requested by the health authority, if available.

3. The director or other person in charge of the medical laboratory shall also submit microbiologic cultures, subcultures, culture-independent diagnostic tests or other specimens or clinical material, if available, to the State Public Health Laboratory or other laboratory designated by the health authority for diagnosis, confirmation or further testing if:

(a) Requested by the health authority;

(b) Requested by the Chief Medical Officer or a representative thereof for the purpose of phylogenetic analysis;

(c) The communicable disease is included on the list of diseases published by the health authority pursuant to subsection 4 and the health authority has provided the director or other person in charge of the medical laboratory with a copy of the list; or

(d) The microbiologic cultures, subcultures, or other specimens or clinical material consist of:
(1) Isolates of Bordetella pertussis or Bordetella parapertussis;

(2) Isolates of non-motile and non-hemolytic Bacillus spp.;

(3) Isolates of Brucella spp.;

(4) Isolates of Burkholderia mallei or Burkholderia pseudomallei;

(5) Isolates and positive culture-independent specimens of Candida auris ;

(6) Isolates of Campylobacter spp.;

(7) Specimens suspected to contain Clostridium botulinum;

(8) Isolates of Clostridium tetani;

(9) Isolates of Corynebacterium diptheriae ;

(10) Isolates of Coxiella burnetii;

(11) Isolates of E. coli O157:H7;

(12) Isolates of Francisella tularensis;

(13) Isolates of Haemophilus influenza (invasive only);

(14) Isolates of Legionella spp.;

(15) Isolates of Listeria monocytogenes;

(16) Isolates of Mycobacterium spp.;

(17) Isolates of Neisseria meningitidis from a sterile site;

(18) Blood smears containing Plasmodium spp.;

(19) Isolates of Salmonella spp.;

(20) Isolates of, or broth positive results for, Shiga toxin-producing Escherichia coli;

(21) Isolates of Shigella spp.;

(22) Isolates of Vibrio spp.;

(23) Isolates of Vancomycin-intermediate Staphylococcus aureus;

(24) Isolates of Vancomycin-resistant Staphylococcus aureus;

(25) Isolates of Yersinia pestis; or

(26) Isolates of Yersinia spp., other than Yersinia pestis.

4. The health authority shall annually publish and post on its Internet website a list of communicable diseases for which microbiologic cultures, subcultures, culture-independent diagnostic tests or other specimens or clinical material, if available, must be submitted pursuant to subsection 3. For each communicable disease included on the list, the health authority must specify:

(a) The microbiologic cultures, subcultures, culture-independent diagnostic tests or other specimens or clinical material to be submitted;

(b) The justification for requiring the microbiologic cultures, subcultures, cultureindependent diagnostic tests or other specimens or clinical material to be submitted;

(c) The name of the medical laboratory to which the microbiologic cultures, subcultures, culture-independent diagnostic tests or other specimens or clinical material must be submitted; and

(d) The process by which the microbiologic cultures, subcultures, culture-independent diagnostic tests or other specimens or clinical material must be submitted.

5. If the director or other person in charge of the medical laboratory submits a cultureindependent diagnostic test pursuant to subsection 3, the State Public Health Laboratory must conduct reflex testing for the purpose of surveillance.

6. Except as otherwise provided in NAC 441A.240, the director or other person in charge of a medical laboratory shall report as required by this section the results of any test of any specimen derived from the human body, if the test is approved by the Food and Drug Administration of the United States Department of Health and Human Services, and:

(a) The results of the test confirm the presence of the human immunodeficiency virus (HIV) or antibodies to the human immunodeficiency virus (HIV); or

(b) The test was conducted to monitor the progression of a human immunodeficiency virus (HIV) infection, including, without limitation, all levels of CD4, human immunodeficiency virus (HIV) nucleotide sequences or genotype results and both detectable and undetectable viral loads.

7. With respect to a test described in subsection 6, if the interpretation of the laboratory diagnostic testing algorithm is positive, indicating the presence of infection with the human immunodeficiency virus (HIV), the laboratory must report to the health authority:

(a) The overall result or conclusion of the algorithm; and

(b) Results from all such tests, including, without limitation, negative, nonreactive or intermediate results, that are performed as part of the testing algorithm, including, without limitation:
(1) Fourth-generation and third-generation tests for the human immunodeficiency virus (HIV);

(2) Human immunodeficiency virus antibody differentiation tests (HIV-1/-2); and

(3) Nucleic acid amplification tests (NAT) for the presence of the human immunodeficiency virus (HIV).

8. The director or other person in charge of a medical laboratory shall report to the health authority negative results of any test or examination conducted by the medical laboratory for hepatitis C or the human immunodeficiency virus (HIV) in the manner provided in NAC 441A.225. Such a report must include, without limitation:

(a) The date and result of the test or examination.

(b) The name, address and, if available, telephone number of the person from whom the specimen was obtained.

(c) If available, the sex, age and date of birth of the person from whom the specimen was obtained.

(d) The name of the health care provider who ordered the test or examination.

(e) The name and address or telephone number of the medical laboratory.

(f) Any other information requested by the health authority, if available.

Added to NAC by Bd. of Health, eff. 1-24-92; A 11-1-95; R087-08, 1-13-2011; A by R121-14, eff. 10/27/2015; A by R187-18A, eff. 6/12/2019; A by R148-22A, eff. 7/31/2023

NRS 439.200, 441A.120

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