[Rev. 6/29/2024 4:11:47 PM--2023]
GENERAL PROVISIONS
NRS 457.010 Legislative declaration.
NRS 457.020 Definitions.
NRS 457.065 Adoption of regulations for administration of chapter.
NRS 457.070 Duties of Division.
REGULATION OF DRUGS, MEDICINES, COMPOUNDS OR DEVICES USED IN THE DIAGNOSIS, TREATMENT OR CURE OF CANCER
NRS 457.080 Testing of medicine or device; furnishing sample or information on request.
NRS 457.090 Statement concerning nature and content of drug, medicine or device to be furnished person before treatment; Division may require statement to be posted in office or room for treatment.
NRS 457.100 Investigation or testing of product is not endorsement of product; representation of endorsement by Division prohibited.
NRS 457.110 Division may issue cease and desist order after investigation or testing.
NRS 457.120 Use of facilities and findings in conducting investigation or test.
NRS 457.130 Contract for investigation by qualified scientists.
NRS 457.140 Finding by Division prerequisite to issuance of cease and desist order.
NRS 457.150 Issuance of injunction to restrain violation of cease and desist order.
NRS 457.160 Prohibition against use by person enjoined of new medicine or device before submission for investigation and testing.
NRS 457.170 Publication of report of investigation or test.
OPERATION OF RADIATION MACHINE FOR MAMMOGRAPHY
NRS 457.182 Definitions.
NRS 457.1825 Petition to determine if criminal history will disqualify person from obtaining certificate; fee; posting of requirements for certificate and list of disqualifying crimes on Internet; report.
NRS 457.183 Requirements for operation of radiation machine for mammography; qualifications for certificate of authorization; expiration of certificate; requirements for continuing education; fee for renewal. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 457.183 Requirements for operation of radiation machine for mammography; qualifications for certificate of authorization; expiration of certificate; requirements for continuing education; fee for renewal. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 457.1833 Payment of child support: Statement by applicant for certificate of authorization; grounds for denial of certificate of authorization; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 457.1837 Suspension of certificate of authorization for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate of authority. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 457.184 Issuance of certificate of authorization for radiation machine for mammography; inspection; expiration of certificate; fees.
NRS 457.185 Action on application for certificate of authorization; withdrawal of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 457.185 Action on application for certificate of authorization; withdrawal of certificate. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
NRS 457.1853 Application for renewal of certificate: Information concerning state business license required; conditions which require denial.
NRS 457.1857 Report provided to patient who undergoes mammography to include certain information regarding category of breast density and other information relating to health care of patient; regulations.
NRS 457.186 Hearing on denial or withdrawal of certificate of authorization.
NRS 457.187 Administrative fine.
ENFORCEMENT AND PENALTIES
NRS 457.190 Cooperation of county health officer, district attorney and Attorney General with Division for enforcement of chapter.
NRS 457.200 Penalty for violation of chapter.
NRS 457.210 Penalty for false representation of device, substance or treatment as effective to arrest or cure cancer.
NRS 457.220 Penalty for third and subsequent conviction of violation of chapter; exception.
REPORTING AND ANALYZING INFORMATION ON CANCER AND OTHER NEOPLASMS
NRS 457.230 Establishment and maintenance of system for reporting information; objectives; persons required to report information.
NRS 457.240 Regulations of State Board of Health; fees.
NRS 457.250 Records of health care facility, other treatment facility and provider of health care: Availability to Chief Medical Officer; abstracting of information; fees; administrative penalty for violation of section.
NRS 457.260 Publication of reports; provision of data.
NRS 457.265 Analysis of information, records and reports; investigation of trends.
NRS 457.270 Consent required before disclosure of identity of patient, provider of health care, health care facility or other treatment facility.
NRS 457.280 Limitation on civil and criminal liability.
DETECTION OF HARMFUL BRCA GENE MUTATIONS
NRS 457.301 Duties of primary care provider who provides care to adult woman; exemption from criminal penalties or professional discipline for failure to comply.
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GENERAL PROVISIONS
NRS 457.010 Legislative declaration. The effective diagnosis, care, treatment and cure of persons suffering from cancer is affected with the public interest. Vital statistics indicate that approximately 16 percent of the annual total deaths in the United States result from one or another of the forms of cancer. It is established that accurate and early diagnosis of many forms of cancer, followed by prompt application of methods of treatment which are scientifically proven, either materially reduces the likelihood of death from cancer or may materially prolong the useful life of individuals suffering therefrom. It is, therefore, in the interest of members of the public that they be afforded full and accurate knowledge of the facilities and methods used for the diagnosis, treatment and cure of cancer which are available in this state and, to that end, that there be provided means for testing and investigating cancer devices, drugs, compounds and other agents, and that the members of the public be informed of facts for their protection from misrepresentation in such matters.
(Added to NRS by 1960, 62)
NRS 457.020 Definitions. As used in this chapter, unless the context requires otherwise:
1. “Cancer” means all malignant neoplasms, regardless of the tissue of origin, including malignant lymphoma and leukemia.
2. “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.
3. “Health care facility” has the meaning ascribed to it in NRS 162A.740 and also includes freestanding facilities for plastic reconstructive, oral and maxillofacial surgery.
4. “Other treatment facility” means a facility, other than a health care facility, that provides services to patients with cancer and other neoplasms, including, without limitation, screening, diagnosis and treatment.
5. “Provider of health care” has the meaning ascribed to it in NRS 629.031.
(Added to NRS by 1960, 62; A 1963, 965; 1967, 1174; 1973, 1406; 1977, 1221; 1993, 174; 2009, 212; 2013, 3063; 2021, 2255)
NRS 457.065 Adoption of regulations for administration of chapter. The State Board of Health shall adopt regulations for the administration of this chapter which include, without limitation, standards for the:
1. Training and performance of a person who operates a radiation machine for mammography which are at least as stringent as the requirements for accreditation established by the American College of Radiology.
2. Inspection and authorization of a radiation machine for mammography which are at least as stringent as the requirements for accreditation established by the American College of Radiology.
(Added to NRS by 1985, 114; A 1991, 904)
NRS 457.070 Duties of Division. The Division shall:
1. Investigate violations of this chapter.
2. Investigate and test the content, method of preparation and use of any drug, medicine, compound or device proposed to be used or used by any person or association in the State for the diagnosis, treatment or cure of cancer.
3. Make findings of fact upon completion of any testing or investigation authorized by this chapter.
4. Hold hearings for the purpose of determining whether any of the provisions of this chapter have been violated.
5. Contract with independent scientific consultants for specialized services and advice.
(Added to NRS by 1960, 63; A 1963, 965; 1977, 1221; 1983, 1678; 1985, 114)
REGULATION OF DRUGS, MEDICINES, COMPOUNDS OR DEVICES USED IN THE DIAGNOSIS, TREATMENT OR CURE OF CANCER
NRS 457.080 Testing of medicine or device; furnishing sample or information on request. Upon the written request of the Division, delivered personally or by registered mail, any person or association engaged in, or representing that the person or association is engaged in, the diagnosis, treatment or cure of cancer shall furnish the Division with such sample as the Division may require of any drug, medicine, compound or device used or prescribed by such person or association, in the treatment or cure of cancer, and shall specify the formula of any such drug or compound used and name all ingredients by their common or usual name, and shall, upon like request by the Division, furnish such necessary information as the Division may request as to the composition and method of preparation of and the use to which any such drug, compound or device is being put by such person or association.
(Added to NRS by 1960, 63)
NRS 457.090 Statement concerning nature and content of drug, medicine or device to be furnished person before treatment; Division may require statement to be posted in office or room for treatment. After an investigation by the Division of the content or composition of any drug, medicine, compound or device used by any person or association in the diagnosis, treatment or cure of cancer, the Division shall direct that any such person or association shall, prior to prescribing, recommending or making use of any such drug, medicine, compound or device in the treatment of any person, furnish such person with a statement as to the nature and content of such drug, medicine, compound or device. The Division may also require that such person or association post in a conspicuous place in the office or treatment rooms of the person or association a like statement as to the nature and content of such drug, medicine, compound or device in the form and size prescribed by the Division.
(Added to NRS by 1960, 63; A 1977, 1222)
NRS 457.100 Investigation or testing of product is not endorsement of product; representation of endorsement by Division prohibited. The investigation or testing of any product by the Division is not an endorsement of the qualifications or value of such product, and a person shall not make any representation that investigation or testing constitutes an approval or endorsement of the person’s activities by the Division.
(Added to NRS by 1960, 64; A 1977, 1222)
NRS 457.110 Division may issue cease and desist order after investigation or testing. After investigation or testing by the Division of the content or composition of any drug, medicine, compound or device used by any person or association in the diagnosis, treatment or cure of cancer, the Division may direct that such person or association cease and desist any further prescribing, recommending or use of any such drug, medicine, compound or device or substantially similar drugs, medicines, compounds or devices in the diagnosis or treatment of cancer.
(Added to NRS by 1960, 64; A 1977, 1222)
NRS 457.120 Use of facilities and findings in conducting investigation or test. In the investigation or testing required by this chapter to determine the value of any drug, medicine, compound or device used in the diagnosis, treatment or cure of cancer, the Division shall, as it deems necessary or advisable, utilize the facilities and findings of its own laboratories or other appropriate laboratories within the State, or the facilities and findings of the Federal Government, including the National Cancer Institute.
(Added to NRS by 1960, 64)
NRS 457.130 Contract for investigation by qualified scientists. The Division shall arrange by contract for investigation by and submission to it of findings, conclusions or opinions of trained scientists in the appropriate departments of universities and medical schools and other qualified scientists.
(Added to NRS by 1960, 64; A 1977, 1222)
NRS 457.140 Finding by Division prerequisite to issuance of cease and desist order. Prior to the issuance of a cease and desist order under this chapter, the Division shall make a written finding of fact based on such investigation that the drug, medicine, compound or device so investigated has been found to be of no value in the diagnosis, treatment or cure of cancer.
(Added to NRS by 1960, 64; A 1977, 1222)
NRS 457.150 Issuance of injunction to restrain violation of cease and desist order. If any person or association, after service upon the person or association of a cease and desist order issued by the Division under this chapter, persists in prescribing, recommending or using the drug, medicine, compound or device described in the order, any district court, on application of the Division, may issue an injunction or other appropriate order restraining such person or association from prescribing, recommending or using such drug, medicine, compound or device or any substantially similar drug, medicine, compound or device.
(Added to NRS by 1960, 64)
NRS 457.160 Prohibition against use by person enjoined of new medicine or device before submission for investigation and testing. No person or association against whom an injunction has been issued under NRS 457.150 may use any new or unapproved drug, medicine, compound or device in the diagnosis, treatment or cure of cancer unless such drug, medicine, compound or device has been first submitted to the Division for investigation and testing.
(Added to NRS by 1960, 64)
NRS 457.170 Publication of report of investigation or test. The Division may publish reports based on its investigation or testing of any drug, medicine, compound or device prescribed, recommended or used by any person or association, and if the Division determines that the use of any drug, medicine, compound or device in the diagnosis, treatment or cure of cancer constitutes an imminent danger to health or a gross deception of the public, the Division may take appropriate steps to publicize the danger or deception involved in such use. No such report is admissible in evidence in any criminal prosecution.
(Added to NRS by 1960, 65; A 1963, 965; 1977, 1223)
OPERATION OF RADIATION MACHINE FOR MAMMOGRAPHY
NRS 457.182 Definitions. As used in NRS 457.182 to 457.187, inclusive, unless the context otherwise requires:
1. “Mammography” means radiography of the breast to enable a physician to determine the presence, size, location and extent of cancerous or potentially cancerous tissue in the breast.
2. “Radiation” means radiant energy which exceeds normal background levels and which is used in radiography.
3. “Radiography” means the making of a film or other record of an internal structure of the body by passing X-rays or gamma rays through the body to act on film or other receptor of images.
(Added to NRS by 1991, 902; A 1997, 2058; 2013, 2052, 2732; 2019, 2930)
NRS 457.1825 Petition to determine if criminal history will disqualify person from obtaining certificate; fee; posting of requirements for certificate and list of disqualifying crimes on Internet; report.
1. The Division shall develop and implement a process by which a person with a criminal history may petition the Division to review the criminal history of the person to determine if the person’s criminal history will disqualify the person from obtaining a certificate of authorization to operate a radiation machine for mammography pursuant to NRS 457.183.
2. Not later than 90 days after a petition is submitted to the Division pursuant to subsection 1, the Division shall inform the person of the determination of the Division of whether the person’s criminal history will disqualify the person from obtaining a certificate. The Division is not bound by its determination of disqualification or qualification and may rescind such a determination at any time.
3. The Division may provide instructions to a person who receives a determination of disqualification to remedy the determination of disqualification. A person may resubmit a petition pursuant to subsection 1 not earlier than 6 months after receiving instructions pursuant to this subsection if the person remedies the determination of disqualification.
4. A person with a criminal history may petition the Division at any time, including, without limitation, before obtaining any education or paying any fee required to obtain a certificate from the Division.
5. A person may submit a new petition to the Division not earlier than 2 years after the final determination of the initial petition submitted to the Division.
6. The Division may impose a fee of up to $50 upon the person to fund the administrative costs in complying with the provisions of this section. The Division may waive such fees or allow such fees to be covered by funds from a scholarship or grant.
7. The Division may post on its Internet website:
(a) The requirements to obtain a certificate from the Division; and
(b) A list of crimes, if any, that would disqualify a person from obtaining a certificate from the Division.
8. The Division may request the criminal history record of a person who petitions the Division for a determination pursuant to subsection 1. To the extent consistent with federal law, if the Division makes such a request of a person, the Division shall require the person to submit his or her criminal history record which includes a report from:
(a) The Central Repository for Nevada Records of Criminal History; and
(b) The Federal Bureau of Investigation.
9. A person who petitions the Division for a determination pursuant to subsection 1 shall not submit false or misleading information to the Division.
10. The Division shall, on or before the 20th day of January, April, July and October, submit to the Director of the Legislative Counsel Bureau in an electronic format prescribed by the Director, a report that includes:
(a) The number of petitions submitted to the Division pursuant to subsection 1;
(b) The number of determinations of disqualification made by the Division pursuant to subsection 1;
(c) The reasons for such determinations; and
(d) Any other information that is requested by the Director or which the Division determines would be helpful.
11. The Director shall transmit a compilation of the information received pursuant to subsection 10 to the Legislative Commission quarterly, unless otherwise directed by the Commission.
(Added to NRS by 2019, 2929)
NRS 457.183 Requirements for operation of radiation machine for mammography; qualifications for certificate of authorization; expiration of certificate; requirements for continuing education; fee for renewal. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. A person shall not operate a radiation machine for mammography unless the person:
(a) Has a certificate of authorization to operate a radiation machine issued by the Division; or
(b) Is licensed pursuant to chapter 630 or 633 of NRS.
2. To obtain a certificate of authorization to operate a radiation machine for mammography, a person must:
(a) Submit an application to the Division on a form provided by the Division and provide any additional information required by the Division;
(b) Be certified by the American Registry of Radiologic Technologists or meet the standards established by the Division pursuant to subsection 1 of NRS 457.065;
(c) Pass an examination if the Division determines that an examination for certification is necessary to protect the health and safety of the residents of this State;
(d) Submit the statement required pursuant to NRS 457.1833; and
(e) Except as otherwise provided in subsection 4, pay the fee required by the Division, which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.
3. An application for the issuance of a certificate of authorization to operate a radiation machine for mammography must include the social security number of the applicant.
4. An applicant for the issuance or renewal of a certificate to operate a radiation machine for mammography is not required to pay a fee pursuant to paragraph (e) of subsection 2 or subsection 6, as applicable, if the applicant holds a license issued pursuant to chapter 653 of NRS.
5. The Division shall certify a person to operate a radiation machine for mammography if the person complies with the provisions of subsection 2 and meets the standards adopted pursuant to subsection 1 of NRS 457.065.
6. A certificate of authorization to operate a radiation machine for mammography expires 3 years after the date on which it was issued unless it is renewed before that date. Except as otherwise provided in subsection 4, the Division shall require continuing education as a prerequisite to the renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the renewal of a certificate.
7. A person who is certified to operate a radiation machine for mammography pursuant to this section shall not operate such a machine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.
(Added to NRS by 1991, 902; A 1997, 2058; 2019, 2707)
NRS 457.183 Requirements for operation of radiation machine for mammography; qualifications for certificate of authorization; expiration of certificate; requirements for continuing education; fee for renewal. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. A person shall not operate a radiation machine for mammography unless the person:
(a) Has a valid certificate of authorization to operate a radiation machine issued by the Division; or
(b) Is licensed pursuant to chapter 630 or 633 of NRS.
2. To obtain a certificate of authorization to operate a radiation machine for mammography, a person must:
(a) Submit an application to the Division on a form provided by the Division and provide any additional information required by the Division;
(b) Be certified by the American Registry of Radiologic Technologists or meet the standards established by the Division pursuant to subsection 1 of NRS 457.065;
(c) Pass an examination if the Division determines that an examination for certification is necessary to protect the health and safety of the residents of this State; and
(d) Except as otherwise provided in subsection 3, pay the fee required by the Division which must be calculated to cover the administrative costs directly related to the process of issuing the certificates.
3. An applicant for the issuance or renewal of a certificate to operate a radiation machine for mammography is not required to pay a fee pursuant to paragraph (d) of subsection 2 or subsection 5, as applicable, if the applicant holds a license issued pursuant to chapter 653 of NRS.
4. The Division shall certify a person to operate a radiation machine for mammography if the person complies with the provisions of subsection 2 and meets the standards adopted pursuant to subsection 1 of NRS 457.065.
5. A certificate of authorization to operate a radiation machine for mammography expires 3 years after the date on which it was issued unless renewed before that date. Except as otherwise provided in subsection 3, the Division shall require continuing education as a prerequisite to renewal of a certificate and shall charge a fee for renewal that is calculated to cover the administrative costs directly related to the renewal of a certificate.
6. A person who is certified to operate a radiation machine for mammography pursuant to this section shall not operate such a machine without a valid certificate of authorization issued pursuant to NRS 457.184 for the machine.
(Added to NRS by 1991, 902; A 1997, 2058; 2019, 2707, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)
NRS 457.1833 Payment of child support: Statement by applicant for certificate of authorization; grounds for denial of certificate of authorization; duty of Division. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. An applicant for the issuance or renewal of a certificate of authorization to operate a radiation machine for mammography shall submit to the Division the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.
2. The Division shall include the statement required pursuant to subsection 1 in:
(a) The application or any other forms that must be submitted for the issuance or renewal of the certificate; or
(b) A separate form prescribed by the Division.
3. A certificate of authorization to operate a radiation machine for mammography may not be issued or renewed by the Division if the applicant:
(a) Fails to submit the statement required pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Division shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.
(Added to NRS by 1997, 2057)
NRS 457.1837 Suspension of certificate of authorization for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certificate of authority. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. If the Division receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a certificate of authorization to operate a radiation machine for mammography, the Division shall deem the certificate issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Division receives a letter issued to the holder of the certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Division shall reinstate a certificate of authorization to operate a radiation machine for mammography that has been suspended by a district court pursuant to NRS 425.540 if the Division receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certificate was suspended stating that the person whose certificate was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2057)
NRS 457.184 Issuance of certificate of authorization for radiation machine for mammography; inspection; expiration of certificate; fees.
1. The owner, lessee or other responsible person shall not operate or allow to be operated a radiation machine for mammography unless he or she:
(a) Has a valid certificate of authorization from the Division for the machine; and
(b) Is accredited by the American College of Radiology or meets the standards established by the State Board of Health pursuant to subsection 1 of NRS 457.065.
2. To obtain a certificate of authorization from the Division for a radiation machine for mammography, a person must:
(a) Submit an application to the Division on a form provided by the Division;
(b) Provide any additional information required by the Division;
(c) Pay the fee required by the Division which must be calculated to cover the administrative costs directly related to the process of issuing the certificates; and
(d) Pay the fee prescribed by the State Board of Health pursuant to NRS 457.240.
3. After an inspection, the Division shall issue a certificate of authorization for a radiation machine for mammography if the machine:
(a) Meets the standards adopted by the State Board of Health pursuant to subsection 2 of NRS 457.065;
(b) Is specifically designed to perform mammography; and
(c) Is used to perform mammography and may be used for screening, diagnostic or therapeutic purposes.
4. A certificate of authorization for a radiation machine for mammography expires 1 year after the date on which it was issued unless renewed before that date. The Division may require an inspection of the machine as a prerequisite to renewal of a certificate and shall charge:
(a) A fee for renewal that is calculated to cover the administrative costs directly related to the process of renewing certificates; and
(b) The fee prescribed by the State Board of Health pursuant to NRS 457.240.
5. A person who owns or leases or is otherwise responsible for more than one radiation machine for mammography shall obtain a certificate of authorization for each radiation machine.
(Added to NRS by 1991, 903; A 2015, 385; 2021, 2255)
NRS 457.185 Action on application for certificate of authorization; withdrawal of certificate. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. The Division shall grant or deny an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography within 4 months after receipt of a complete application.
2. The Division shall withdraw the certificate of authorization to operate a radiation machine for mammography if it finds that the person violated the provisions of subsection 7 of NRS 457.183.
3. The Division shall deny or withdraw the certificate of authorization of a radiation machine for mammography if it finds that the owner, lessee or other responsible person violated the provisions of subsection 1 of NRS 457.184.
4. If a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.
(Added to NRS by 1991, 903; A 1997, 2059; 2013, 3063; 2019, 2707)
NRS 457.185 Action on application for certificate of authorization; withdrawal of certificate. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]
1. The Division shall grant or deny an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography within 4 months after receipt of a complete application.
2. The Division shall withdraw the certificate of authorization to operate a radiation machine for mammography if it finds that the person violated the provisions of subsection 6 of NRS 457.183.
3. The Division shall deny or withdraw the certificate of authorization of a radiation machine for mammography if it finds that the owner, lessee or other responsible person violated the provisions of subsection 1 of NRS 457.184.
4. If a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography is withdrawn, a person must apply for the certificate in the manner provided for an initial certificate.
(Added to NRS by 1991, 903; A 1997, 2059; 2013, 3063; 2019, 2708, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)
NRS 457.1853 Application for renewal of certificate: Information concerning state business license required; conditions which require denial.
1. In addition to any other requirements set forth in this chapter, an applicant for the renewal of a certificate of authorization to operate a radiation machine for mammography must indicate in the application submitted to the Division whether the applicant has a state business license. If the applicant has a state business license, the applicant must include in the application the business identification number assigned by the Secretary of State upon compliance with the provisions of chapter 76 of NRS.
2. A certificate of authorization to operate a radiation machine for mammography may not be renewed by the Division if:
(a) The applicant fails to submit the information required by subsection 1; or
(b) The State Controller has informed the Division pursuant to subsection 5 of NRS 353C.1965 that the applicant owes a debt to an agency that has been assigned to the State Controller for collection and the applicant has not:
(1) Satisfied the debt;
(2) Entered into an agreement for the payment of the debt pursuant to NRS 353C.130; or
(3) Demonstrated that the debt is not valid.
3. As used in this section:
(a) “Agency” has the meaning ascribed to it in NRS 353C.020.
(b) “Debt” has the meaning ascribed to it in NRS 353C.040.
(Added to NRS by 2013, 2731)
NRS 457.1857 Report provided to patient who undergoes mammography to include certain information regarding category of breast density and other information relating to health care of patient; regulations.
1. If a patient undergoes mammography, the owner, lessee or other person responsible for the radiation machine for mammography that was used to perform the mammography must ensure that each report provided to the patient pursuant to 42 U.S.C. § 263b(f)(1)(G)(ii)(IV) includes, without limitation, a statement of the category of the patient’s breast density which is determined based on the Breast Imaging Reporting and Data System or such other guidelines as required by the State Board of Health by regulation, and, if applicable, the notice provided in subsection 2.
2. If the statement of the category of the patient’s breast density which is provided pursuant to subsection 1 indicates that the breast tissue is dense, the report described in subsection 1 must also include a notice in the following form:
Your mammogram shows that your breast tissue is dense. Dense breast tissue is common and is not abnormal. However, dense breast tissue can make it harder to evaluate the results of your mammogram and may also be associated with an increased risk of breast cancer. This information about the results of your mammogram is given to you to raise your awareness and to inform your conversations with your physician. Together, you can decide which screening options are right for you. A report of your results was sent to your physician.
3. The report described in subsection 1 must include a notice in the following form:
Ten to twenty percent of all cancers can be categorized as hereditary and the clinical and financial value of identifying patients and families at risk is well documented. If you have a personal or family history of breast, ovarian, fallopian tube, peritoneal or other cancer, please consult your physician regarding genetic counseling and testing.
4. Nothing in this section shall be construed to:
(a) Create a duty of care or other legal obligation beyond the duty to provide the notice as set forth in this section.
(b) Require a notice to be provided to a patient that is inconsistent with the notice required by the provisions of 42 U.S.C. § 263b or any regulations promulgated pursuant thereto.
(Added to NRS by 2013, 2052; A 2015, 1710; 2021, 772)
NRS 457.186 Hearing on denial or withdrawal of certificate of authorization. Upon request, the Division shall hold an administrative hearing concerning the denial or withdrawal of an application for a certificate of authorization to operate a radiation machine for mammography or a certificate of authorization for a radiation machine for mammography.
(Added to NRS by 1991, 904)
NRS 457.187 Administrative fine.
1. The Division may impose an administrative fine, not to exceed $5,000, against the owner, lessee or other person responsible for a radiation machine for mammography for a violation of the provisions of NRS 457.182 to 457.186, inclusive, or for a violation of a regulation adopted pursuant thereto.
2. Any money collected as a result of an administrative fine imposed pursuant to subsection 1 must be deposited in the State General Fund.
(Added to NRS by 1991, 904; A 2013, 2053, 2732; 2019, 2930)
ENFORCEMENT AND PENALTIES
NRS 457.190 Cooperation of county health officer, district attorney and Attorney General with Division for enforcement of chapter. County health officers, district attorneys and the Attorney General shall cooperate with the Division in the enforcement of the provisions of this chapter.
(Added to NRS by 1960, 65)
NRS 457.200 Penalty for violation of chapter. Except as otherwise provided in NRS 457.301, the failure of any person or association, representing that the person or association as engaged in the diagnosis, treatment or cure of cancer, to comply with any of the provisions of this chapter, or with any order of the Division validly issued under this chapter, is a misdemeanor.
(Added to NRS by 1960, 65; A 2021, 772)
NRS 457.210 Penalty for false representation of device, substance or treatment as effective to arrest or cure cancer. Every person convicted of willfully and falsely representing a device, substance or treatment as effective to arrest or cure cancer is guilty of a misdemeanor.
(Added to NRS by 1960, 65)
NRS 457.220 Penalty for third and subsequent conviction of violation of chapter; exception.
1. Except as otherwise provided in subsection 2, a person convicted of a violation of any provision of this chapter, who has previously been convicted twice or more of violations of any provisions of this chapter, is guilty of a category D felony and shall be punished as provided in NRS 193.130.
2. The penalty provided in subsection 1 does not apply to violations of NRS 457.230 to 457.280, inclusive, or 457.301.
(Added to NRS by 1960, 65; A 1967, 586; 1979, 1476; 1985, 115; 1995, 1294; 2021, 772)
REPORTING AND ANALYZING INFORMATION ON CANCER AND OTHER NEOPLASMS
NRS 457.230 Establishment and maintenance of system for reporting information; objectives; persons required to report information.
1. The Chief Medical Officer shall, pursuant to the regulations of the State Board of Health, establish and maintain a system for the reporting of information on cancer and other neoplasms.
2. The system must include a record of the cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, which occur in this state along with such information concerning the cases as may be appropriate to form the basis for:
(a) The conducting of comprehensive epidemiologic surveys of cancer, cancer-related diseases and other neoplasms in this state; and
(b) The evaluation of the appropriateness of measures for the prevention and control of cancer and other neoplasms.
3. Hospitals, medical laboratories and other facilities that provide screening, diagnostic or therapeutic services to patients with respect to cancer and other neoplasms shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.
4. Any provider of health care who diagnoses or provides treatment for cancer or other neoplasms shall report information on cases of cancer and other neoplasms, which are specified by the State Board of Health as subject to reporting, to the system.
5. As used in this section, “medical laboratory” has the meaning ascribed to it in NRS 652.060.
(Added to NRS by 1983, 1677; A 1997, 1309; 2015, 385; 2021, 2256)
NRS 457.240 Regulations of State Board of Health; fees.
1. The State Board of Health shall by regulation:
(a) Prescribe the form and manner in which the information on cases of cancer and other neoplasms must be reported;
(b) Specify the neoplasms which must be reported;
(c) Prescribe other information to be included in each such report, for example, the patient’s name and address, the pathological findings, the stage of the disease, the environmental and occupational factors, the methods of treatment, the incidence of cancer or other neoplasms in the patient’s family, and the places where the patient has resided;
(d) Establish a protocol for obtaining access to and preserving the confidentiality of the patients’ records needed for research into cancer and other neoplasms; and
(e) Prescribe a fee to be imposed on an applicant for:
(1) The issuance or renewal of a certificate of authorization for a radiation machine for mammography pursuant to NRS 457.184;
(2) The issuance or renewal of registration of a radiation machine pursuant to the regulations adopted by the State Board of Health pursuant to NRS 459.201;
(3) The renewal of a license to operate a surgical center for ambulatory patients, facility for the treatment of irreversible renal disease, facility for hospice care, program of hospice care, hospital, facility for intermediate care, facility for skilled nursing, agency to provide personal care services in the home or rural clinic pursuant to NRS 449.089; or
(4) The renewal of a license to operate a medical laboratory, other than a laboratory in which the only test performed is a test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations, pursuant to NRS 652.080.
2. The amount of any fee prescribed pursuant to paragraph (e) of subsection 1 must not exceed 8 percent of the fee for the issuance or renewal of the applicable license, certificate or registration. For the purposes of this subsection, the fee for the renewal of a license to operate a facility described in subparagraph (3) of paragraph (e) of subsection 1 does not include any fee that is imposed per bed in the facility.
3. The fees collected pursuant to paragraph (e) of subsection 1 must be accounted for separately and used by the Division to support the system for the reporting of information on cancer and other neoplasms established pursuant to NRS 457.230.
(Added to NRS by 1983, 1677; A 2015, 386; 2021, 2256)
NRS 457.250 Records of health care facility, other treatment facility and provider of health care: Availability to Chief Medical Officer; abstracting of information; fees; administrative penalty for violation of section.
1. Each health care facility, other treatment facility and provider of health care in this State shall make available to the Chief Medical Officer or the Chief Medical Officer’s representative the records of the health care facility, other treatment facility or provider of health care for each case of neoplasm that is specified by the State Board of Health as subject to reporting.
2. The Division shall abstract from the records of the health care facility, other treatment facility or provider of health care or shall require the health care facility, other treatment facility or provider of health care to report to the Division such information as is required by the State Board of Health. The abstraction or report must be completed not later than 6 months after the admission, diagnosis or treatment of a patient for cancer or another neoplasm.
3. The State Board of Health shall by regulation adopt a schedule of fees which must be assessed to the health care facility, other treatment facility or provider of health care for each case from which information is abstracted by the Division pursuant to subsection 2.
4. Any person who violates this section is subject to the administrative penalty established by the State Board of Health pursuant to subsection 5.
5. The State Board of Health shall adopt regulations establishing the administrative penalty for any violation of this section.
(Added to NRS by 1983, 1677, 1678; A 1993, 174; 2001, 2257; 2015, 386; 2021, 2257)
NRS 457.260 Publication of reports; provision of data.
1. The Division shall publish reports based upon the material obtained pursuant to NRS 457.230, 457.240 and 457.250 and shall make other appropriate uses of the material to report and assess trends in the incidence of cancer in a particular area or population, advance research and education concerning cancer and improve treatment of the disease.
2. The Division shall provide any qualified researcher whom the Division determines is conducting valid scientific research with data from the reported information upon the researcher’s:
(a) Compliance with appropriate conditions as established under the regulations of the State Board of Health; and
(b) Payment of a fee to cover the cost of providing the data.
(Added to NRS by 1983, 1677; A 2003, 1248; 2015, 387)
NRS 457.265 Analysis of information, records and reports; investigation of trends.
1. The Chief Medical Officer or a qualified person designated by the Administrator of the Division shall analyze the material obtained pursuant to NRS 457.230, 457.240 and 457.250 and the reports published pursuant to NRS 457.260 to determine whether any trends exist in the incidence of cancer in a particular area or population.
2. If the Chief Medical Officer or the person designated pursuant to subsection 1 determines that a trend exists in the incidence of cancer in a particular area or population, the Chief Medical Officer or the person designated pursuant to subsection 1 shall work with appropriate governmental, educational and research entities to investigate the trend, advance research into the trend and the cancer identified in the trend, and facilitate the prevention and control of the cancer.
(Added to NRS by 2003, 1248)
NRS 457.270 Consent required before disclosure of identity of patient, provider of health care, health care facility or other treatment facility. The Division shall not reveal the identity of any patient, provider of health care, health care facility or other treatment facility which is involved in the reporting required by NRS 457.250 unless the patient, provider of health care, health care facility or other treatment facility, as applicable, gives prior written consent to such a disclosure.
(Added to NRS by 1983, 1678; A 1993, 174; 2021, 2257)
NRS 457.280 Limitation on civil and criminal liability. No person or organization providing information to the Division in accordance with NRS 457.230, 457.240 and 457.250 may be held liable in a civil or criminal action for divulging confidential information unless the person or organization has done so in bad faith or with malicious purpose.
(Added to NRS by 1983, 1678)
DETECTION OF HARMFUL BRCA GENE MUTATIONS
NRS 457.301 Duties of primary care provider who provides care to adult woman; exemption from criminal penalties or professional discipline for failure to comply.
1. A primary care provider shall:
(a) Attempt to determine whether each adult woman to whom he or she provides care has a personal or family history of breast, ovarian, tubal or peritoneal cancer or an ancestry associated with a harmful mutation in the BRCA gene or meets any other criteria under which the United States Preventive Services Task Force has recommended screening for a risk of such a mutation; and
(b) If the primary care provider determines that an adult woman to whom he or she provides care meets the criteria described in paragraph (a) and has not previously undergone genetic testing for a harmful mutation in the BRCA gene, use an appropriate brief familial risk assessment tool to screen for a risk of such a mutation.
2. If such a screening indicates that a woman is at risk of a harmful mutation in the BRCA gene, the primary care provider must:
(a) Provide the woman with written notice of the need to discuss genetic counseling and testing with the provider;
(b) Provide genetic counseling to the woman or ensure that the woman is referred for genetic counseling; and
(c) If a genetic test for harmful mutations in the BRCA gene is clinically indicated as a result of the genetic counseling, administer such a test to the woman or ensure that the woman is referred for such testing.
3. A primary care provider who fails to comply with this section is not subject to criminal penalties or professional discipline for such failure to comply.
4. As used in this section, “primary care provider” means:
(a) A physician, physician assistant licensed pursuant to chapter 630 or 633 of NRS or advanced practice registered nurse who specializes in primary care, family medicine, internal medicine or obstetrics and gynecology; or
(b) A midwife.
(Added to NRS by 2021, 771)