NAC: CHAPTER 629 - HEALING ARTS GENERALLY

[Rev. 2/21/2018 3:36:36 PM]

[NAC-629 Revised Date: 3-18]

CHAPTER 629 - HEALING ARTS GENERALLY

HEALTH CARE RECORDS

629.050 Disclosure concerning destruction of records: Title of statement to be posted on Internet by State Board of Health and certain other regulatory boards.

629.060 Disclosure concerning destruction of records: Form and placement of sign to be posted by providers of health care.

629.070 Disclosure concerning destruction of records: Requirements for written statement by provider of health care to first-time patients.

GENETIC INFORMATION

629.100 Requirements for obtaining, retaining or disclosing genetic information.

629.110 Form and content of consent document for obtaining, retaining or disclosing genetic information.

VOLUNTARY HEALTH CARE SERVICE

629.150 Registration; provision of certain information concerning additional providers of health care; approval.

629.160 Exemption from requirement to submit quarterly report.

629.170 Limitation on applicability of certain provisions during emergency or disaster.

HEALTH CARE RECORDS

NAC 629.050 Disclosure concerning destruction of records: Title of statement to be posted on Internet by State Board of Health and certain other regulatory boards. (NRS 629.053) A statement required by NRS 629.053 must be titled “Notice to Patients Regarding the Destruction of Health Care Records.”

(Added to NAC by Bd. of Health by R101-10, eff. 1-13-2011)

NAC 629.060 Disclosure concerning destruction of records: Form and placement of sign to be posted by providers of health care. (NRS 629.051)

1. Each sign required by subsection 2 of NRS 629.051 to be posted by providers of health care must:

(a) Be not less than 8 1/2 inches in height and 11 inches in width, with margins not greater than 1 inch on any side;

(b) Pursuant to subsection 2 of NRS 629.051, be posted in a conspicuous place in each location at which the provider of health care performs health care services and at each facility that maintains the health care records of patients;

(d) Be written using a single typeface in not less than 20-point type; and

(e) Be titled “Notice to Patients Regarding the Destruction of Health Care Records.”

2. If two or more providers of health care share:

(a) A location at which the providers perform health care; or

(b) A facility that maintains the health care records of patients,

Ê the providers may post one sign at the location or facility which complies with the requirements of this section and NRS 629.051.

(Added to NAC by Bd. of Health by R101-10, eff. 1-13-2011)

NAC 629.070 Disclosure concerning destruction of records: Requirements for written statement by provider of health care to first-time patients. (NRS 629.051) Each written statement required by subsection 3 of NRS 629.051 must:

1. Disclose to the patient that the health care records of the patient may be destroyed in accordance with NRS 629.051; and

2. Be titled “Notice to Patients Regarding the Destruction of Health Care Records.”

(Added to NAC by Bd. of Health by R101-10, eff. 1-13-2011)

GENETIC INFORMATION

NAC 629.100 Requirements for obtaining, retaining or disclosing genetic information. (NRS 629.181)

1. A person, governmental agency or political subdivision of a government that wishes to obtain genetic information of a person, retain genetic information that identifies a person, disclose or compel a person to disclose the identity of a person who was the subject of a genetic test or to disclose genetic information of a person in a manner that allows identification of the person must first:

(a) Inform the person who is the subject of the genetic test or his or her legal guardian of the restricted uses and confidentiality of the genetic information set forth in NRS 629.101 to 629.201, inclusive; and

(b) Obtain from the person who is the subject of the genetic test or his or her legal guardian the consent document described in NAC 629.110. The consent document must be signed and dated by the person who is the subject of the test or his or her legal guardian and must be witnessed by another person.

2. Possession of a consent document that has been signed, dated and witnessed conclusively establishes compliance with subsection 1.

3. A consent document must be kept on file by the person, governmental agency or political subdivision of a government that obtained the document pursuant to subsection 1 for not less than 5 years.

(Added to NAC by Bd. of Health by R018-98, eff. 11-24-98)

NAC 629.110 Form and content of consent document for obtaining, retaining or disclosing genetic information. (NRS 629.181) The consent document for obtaining genetic information of a person must be in substantially the following form:

CONSENT FOR OBTAINING, RETAINING OR

DISCLOSING GENETIC INFORMATION

As used in this document, “genetic information” means any information that is obtained from a genetic test.

1. I understand that no insurer or corporation that provides health insurance, carrier serving small employers or health maintenance organization may:

(a) Require me or any member of my family to take a genetic test;

(b) Require me to disclose whether I or any member of my family has taken a genetic test;

(d) Determine the rates or any other aspect of the coverage or benefits for health care for me or my family based on whether I or any member of my family has taken a genetic test or based on my genetic information or the genetic information of any member of my family.

2. I also understand that:

(a) I have the right to receive the results of a genetic test, in writing, within 10 working days after the person conducting the test has received the results. The written results must indicate that, except as otherwise provided in chapter 629 of NRS, my genetic information may not be obtained, retained or disclosed without first obtaining my informed consent.

(b) It is unlawful for a person or entity to obtain my genetic information without my informed consent, unless the information is obtained:

(1) By a federal, state, county or city law enforcement agency to establish the identity of a person or a dead human body;

(2) To determine the parentage or identity of a person in certain circumstances;

(3) To determine the paternity of a person in certain circumstances;

(4) For use in a study where the identities of the persons from whom the genetic information is obtained are not disclosed to the person conducting the study;

(5) To determine the presence of certain inheritable disorders in an infant in certain circumstances; or

(6) Pursuant to an order of a court of competent jurisdiction.

(c) It is unlawful for a person to retain genetic information that identifies me without first obtaining my informed consent, unless retention of the genetic information is:

(1) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

(2) Authorized pursuant to an order of a court of competent jurisdiction; or

(3) Necessary for certain medical facilities to maintain my medical records.

(d) If I have authorized a person to retain my genetic information, I may request that the person destroy the genetic information. Such a person shall destroy the information, unless retention of the information is:

(1) Necessary to conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

(2) Authorized by an order of a court of competent jurisdiction;

(3) Necessary for certain medical facilities to maintain my medical records; or

(4) Authorized or required by state or federal law.

(e) Except as otherwise provided by federal law or regulation, a person who obtains my genetic information for use in a study shall destroy the information upon completion of the study or my withdrawal from the study, whichever occurs first, unless I authorize the person conducting the study to retain my genetic information after the study is completed or upon my withdrawal from the study.

(f) It is unlawful for a person to disclose or to compel another person to disclose my identity if I was the subject of a genetic test or to disclose to another person genetic information that allows the other person to identify me without first obtaining my informed consent, unless the information is disclosed:

(1) To conduct a criminal investigation, an investigation concerning the death of a person or a criminal or juvenile proceeding;

(2) To determine the parentage or identity of a person in certain circumstances;

(3) To determine the paternity of a person in certain circumstances;

(4) Pursuant to an order of a court of competent jurisdiction;

(5) By a physician after I am deceased and my genetic information will assist in the medical diagnosis of persons related to me by blood;

(6) To a federal, state, county or city law enforcement agency to establish the identity of a person or dead human body;

(7) To determine the presence of certain inheritable preventable disorders in an infant in certain circumstances; or

(8) By an agency of criminal justice in certain circumstances.

I, …………………… (name of person giving consent), hereby give my consent to …………………… (name of person or agency obtaining genetic information) to obtain my genetic information; or

I, …………………… (name of person giving consent), hereby give my consent to …………………… (name of person or agency retaining genetic information) to retain my genetic information; or

I, …………………… (name of person giving consent), hereby give my consent to …………………… (name of person or agency disclosing genetic information) to disclose my genetic information to …………………… (name and address of person or agency to receive genetic information).

This consent document is valid until …………… (date of expiration).

If the person tested is unable to sign, please indicate the reason here: ........................................

...........................................................................................................................................................

....................................................................... .......................................................................

Signature of consenting person Witness

or his or her legal representative

....................................................................... .......................................................................

Date Date

(Added to NAC by Bd. of Health by R018-98, eff. 11-24-98)

VOLUNTARY HEALTH CARE SERVICE

NAC 629.150 Registration; provision of certain information concerning additional providers of health care; approval. (NRS 629.490)

1. Except as otherwise provided in NAC 629.170, not less than 10 business days before organizing or arranging for the provision of voluntary health care service in this State, a sponsoring organization must register with the Division pursuant to NRS 629.460 by submitting to the Division a form prescribed by the Division. In addition to the information required by subsection 1 of NRS 629.460, the form must:

(a) State the address of the physical location at which the voluntary health care service will be provided;

(b) State the dates and times during which the voluntary health care service will be provided;

(c) Identify each provider of health care intending to provide voluntary health care service for the sponsoring organization, including, without limitation:

(1) The name and profession of the provider of health care; and

(2) The number, expiration date and state of issuance of the professional license of the provider of health care; and

(d) Describe each type of voluntary health care service to be provided.

2. If a provider of health care not identified pursuant to paragraph (c) of subsection 1 intends to provide voluntary health care service for the sponsoring organization after the registration form has been submitted to the Division, the sponsoring organization must provide to the Division, electronically and not later than 1 business day after being informed that the provider of health care intends to provide voluntary health care service for the sponsoring organization, the information set forth in paragraph (c) of subsection 1 for each provider of health care.

3. The Division shall review a registration form from a sponsoring organization within 5 business days after receipt of the form. Upon review and approval of the registration form, the Division will provide the sponsoring organization an approval letter signed by the Division Filing Officer for the voluntary health care service to be provided. A copy of the signed and dated approval letter must be made available for inspection by the Division upon request on the date of an event at which voluntary health care service is being provided.

4. As used in this section, “Division Filing Officer” means an employee of the Division authorized to review all registration, reporting and supporting documentation from the sponsoring organization required pursuant to this section and NAC 629.160 and 629.170 and NRS 629.400 to 629.490, inclusive.

(Added to NAC by Div. of Pub. & Behavioral Health by R067-16, eff. 12-21-2016)

NAC 629.160 Exemption from requirement to submit quarterly report. (NRS 629.490) If no provider of health care provided voluntary health care service in association with a sponsoring organization during the immediately preceding calendar quarter, the sponsoring organization is not required to submit the quarterly report required by paragraph (b) of subsection 2 of NRS 629.460.

(Added to NAC by Div. of Pub. & Behavioral Health by R067-16, eff. 12-21-2016)

NAC 629.170 Limitation on applicability of certain provisions during emergency or disaster. (NRS 415.010, 415A.190, 629.490)

1. The provisions of NAC 629.150 and 629.160 do not apply to the provision of voluntary health care service in this State during an emergency or disaster.

2. As used in this section:

(a) “Disaster” has the meaning ascribed to it in NRS 414.0335.

(b) “Emergency” has the meaning ascribed to it in NRS 414.0345.

(Added to NAC by Div. of Pub. & Behavioral Health by R067-16, eff. 12-21-2016)