NRS: CHAPTER 652 - MEDICAL LABORATORIES

[Rev. 6/29/2024 4:52:56 PM--2023]

CHAPTER 652 - MEDICAL LABORATORIES

GENERAL PROVISIONS

NRS 652.010 Short title.

NRS 652.020 Definitions.

NRS 652.030 “Board” defined.

NRS 652.035 “Division” defined.

NRS 652.040 “Laboratory” defined.

NRS 652.050 “Laboratory director” defined.

NRS 652.060 “Medical laboratory” defined.

NRS 652.070 Legislative declaration.

NRS 652.071 Applicability of chapter: Public and private laboratories; exceptions.

NRS 652.072 Applicability of chapter: Laboratory operated by licensed physician solely in connection with diagnosis or treatment of own patients; requirements.

NRS 652.073 Applicability of chapter: Licensing of laboratories in operation on January 1, 1967; persons operating or employed in laboratories on January 1, 1967.

NRS 652.0735 Applicability of chapter: Exemption of laboratory director or laboratory personnel of Armed Forces or of Federal Government in discharge of official duties.

NRS 652.074 Applicability of chapter: Exemption of tests and examinations conducted by law enforcement agencies or ordered by court.

NRS 652.075 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [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 652.075 Payment of child support: Submission of certain information by applicant; grounds for denial of license or certificate; duty of Board. [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 and expires by limitation 2 years after that date.]

LICENSES

NRS 652.080 License required; term; renewal; laboratory director required; inactive status; licensure of laboratory located outside state.

NRS 652.090 Application: Contents; regulations.

NRS 652.092 Division prohibited from issuing or renewing license without proof of compliance with certain guidelines with respect to safe and appropriate injection practices.

NRS 652.100 Fees; deposit in appropriate account; claims for expenses.

NRS 652.110 Validity and display of licenses.

ADMINISTRATION

NRS 652.120 Enforcement of chapter by Division of Public and Behavioral Health of Department of Health and Human Services.

NRS 652.123 Limitations on stringency of regulations adopted by State Board of Health.

NRS 652.125 Regulations: Certification and licensure of laboratory directors and personnel; continuing education.

NRS 652.126 Renewal of license or certification: Authority of Division to make data request concerning demographic and practice information available to applicants for voluntary completion and electronic submission; confidentiality of information provided.

NRS 652.127 Regulations: Certification as assistant in medical laboratory.

NRS 652.130 Regulations: Qualifications of laboratory directors and personnel; location, construction, sanitary conditions and equipment of laboratories; test results; restrictions.

NRS 652.135 Regulations: Length of time records must be retained.

NRS 652.140 Inspections; proficiency tests; reports.

NRS 652.150 List of laboratories meeting minimum standards and qualifications.

NRS 652.155 Licensing and certification of certain persons and laboratories before January 1, 1972.

MEDICAL LABORATORY ADVISORY COMMITTEE

NRS 652.160 Creation; duties.

NRS 652.170 Appointment, terms and qualifications of members; vacancies; meetings; salary of members; per diem allowance and travel expenses of members and employees.

REGULATION OF LABORATORIES AND LABORATORY DIRECTORS

NRS 652.180 Duties of laboratory director.

NRS 652.185 Requirements for conduct of certain laboratory tests for detection of human immunodeficiency virus.

NRS 652.186 Persons authorized to perform certain laboratory tests for detection of human immunodeficiency virus.

NRS 652.190 Examination, review and referral of specimens; reporting of results; recommendation for review of results by physician.

NRS 652.193 Release of results of tests regarding patient of rural hospital.

NRS 652.195 Cytologic examination of gynecologic specimens: Direct billing required; unlawful practices; exceptions.

NRS 652.200 Limitation on contents of laboratory’s report.

NRS 652.210 Manipulation of persons for collection of specimens; authorized practices of technical personnel.

NRS 652.215 Licensed professional nurses employed by Division in community health field: Performance of specific laboratory procedures under supervision of Chief Medical Officer; regulations.

NRS 652.217 Conditions under which certain licensed nurses or licensed or certified laboratory personnel may perform certain waived laboratory tests.

DISCIPLINARY AND OTHER ACTIONS

NRS 652.220 Grounds for denial, suspension or revocation of license.

NRS 652.223 Suspension of license or certificate for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license or certificate. [Effective until 2 years after 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 652.225 Hearing required after receipt of report of certain violations of Industrial Insurance Act; regulations.

NRS 652.228 Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action and orders imposing discipline deemed public records.

PROHIBITED ACTS; PENALTIES; INJUNCTIVE RELIEF

NRS 652.250 Public nuisance; injunctions.

NRS 652.260 Penalties; disposition of money collected as administrative penalties; appointment of hearing officer or panel by Division; delegation of authority concerning disciplinary action; claim for court costs, attorney’s fees, costs of investigation or collection costs; regulations.

_________

GENERAL PROVISIONS

NRS 652.010 Short title. This chapter may be cited as the Medical Laboratory Certification and Improvement Law.

(Added to NRS by 1967, 926)

NRS 652.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 652.030 to 652.060, inclusive, have the meanings ascribed to them in those sections.

(Added to NRS by 1967, 926; A 1991, 650)

NRS 652.030 “Board” defined. “Board” means the State Board of Health.

(Added to NRS by 1967, 926)

NRS 652.035 “Division” defined. “Division” means the Division of Public and Behavioral Health of the Department of Health and Human Services.

(Added to NRS by 1995, 1590; A 2013, 3070)

NRS 652.040 “Laboratory” defined. “Laboratory” means any medical laboratory.

(Added to NRS by 1967, 926)

NRS 652.050 “Laboratory director” defined. “Laboratory director” means a person responsible for the administration of the technical and scientific operation of a medical laboratory.

(Added to NRS by 1967, 926; A 1973, 660)

NRS 652.060 “Medical laboratory” defined. “Medical laboratory” means any facility for microbiological, serological, immunohematological (blood banking), cytological, histological, chemical, hematological, biophysical, toxicological or other methods of examination of tissues, secretions or excretions of the human body. The term does not include a forensic laboratory operated by a law enforcement agency.

(Added to NRS by 1967, 926; A 1983, 599; 1993, 499)

NRS 652.070 Legislative declaration. The Legislature declares that:

1. The proper operation of medical laboratories within the State is a matter of vital concern affecting the public health, safety and welfare.

2. The purpose of this chapter is to promote public health, safety and welfare by developing, establishing and enforcing:

(a) Minimum standards for the licensing of medical laboratories;

(b) Minimum qualifications for laboratory directors and the certification of laboratory personnel;

(d) Requirements for the retention of the health care and other regularly maintained records of laboratories.

(Added to NRS by 1967, 926; A 1997, 1123)

NRS 652.071 Applicability of chapter: Public and private laboratories; exceptions. The provisions of this chapter apply to all public and private medical laboratories except:

1. A laboratory of any college, university or school which is conducted for the training of its students, actively engaged in research and approved by the Department of Education.

2. Laboratories operated by the Federal Government.

3. Laboratories operated by the State Department of Agriculture.

(Added to NRS by 1967, 926; A 1967, 1206; 1973, 660; 1993, 1894; 1999, 3740)

NRS 652.072 Applicability of chapter: Laboratory operated by licensed physician solely in connection with diagnosis or treatment of own patients; requirements.

1. A licensed physician may operate a medical laboratory solely in connection with the diagnosis or treatment of the physician’s own patients if the medical laboratory complies with the provisions of this section.

2. Each such medical laboratory shall:

(a) Register with the Division.

(b) Comply with the rules and regulations adopted by the Board pursuant to NRS 652.130.

(Added to NRS by 1973, 661, 1406; A 1989, 1115; 1993, 2598; 1995, 1592)

NRS 652.073 Applicability of chapter: Licensing of laboratories in operation on January 1, 1967; persons operating or employed in laboratories on January 1, 1967.

1. A laboratory which was in operation in this state on January 1, 1967, is not required to be licensed pursuant to this chapter before January 1, 1972, but may apply for a license before that date. Unless such a laboratory is so licensed, the Division shall not include it in the registration list of laboratories meeting the minimum standards and qualifications of this chapter.

2. A person who was operating a laboratory in this state on January 1, 1967, may continue to do so or may be employed in a laboratory before, on or after July 1, 1972, without qualifying as a laboratory director or pursuant to any rules pertaining to technical personnel. A person who was employed in a laboratory in this state on January 1, 1967, may be employed in a laboratory before, on or after January 1, 1972, without qualifying pursuant to any rules pertaining to technical personnel.

(Added to NRS by 1967, 929; A 1995, 1592; 1997, 1622)

NRS 652.0735 Applicability of chapter: Exemption of laboratory director or laboratory personnel of Armed Forces or of Federal Government in discharge of official duties. The provisions of this chapter do not apply to a laboratory director or laboratory personnel of the Armed Forces of the United States or a laboratory director or laboratory personnel of any division or department of the United States in the discharge of his or her official duties, including, without limitation, providing care in a hospital in accordance with an agreement entered into pursuant to NRS 449.2455.

(Added to NRS by 2023, 424)

NRS 652.074 Applicability of chapter: Exemption of tests and examinations conducted by law enforcement agencies or ordered by court. The provisions of this chapter do not apply to any:

1. Test or examination conducted by a law enforcement officer or agency;

2. Test or examination required by a court as a part of or in addition to a program of treatment and rehabilitation pursuant to NRS 176A.230; or

3. Task performed in accordance with the regulations adopted by the Board pursuant to NRS 449.0304 or 449.4309.

(Added to NRS by 1993, 499; A 2007, 49; 2017, 2311; 2019, 4487)

1. In addition to any other requirements set forth in this chapter:

(a) An applicant for the issuance of a license or certificate issued pursuant to NRS 652.125 shall include the social security number of the applicant in the application submitted to the Board.

(b) An applicant for the issuance or renewal of a license or certificate issued pursuant to NRS 652.125 shall submit to the Board 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 Board 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 license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued or renewed by the Board pursuant to NRS 652.125 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 Board 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, 2180; A 2005, 2796, 2807)

1. In addition to any other requirements set forth in this chapter, an applicant for the issuance or renewal of a license or certificate issued pursuant to NRS 652.125 shall submit to the Board 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 Board 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 license or certificate; or

(b) A separate form prescribed by the Board.

3. A license or certificate may not be issued or renewed by the Board pursuant to NRS 652.125 if the applicant:

(a) Fails to submit the statement required pursuant to subsection 1; or

(Added to NRS by 1997, 2180; A 2005, 2796, 2797, 2807, 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)

LICENSES

NRS 652.080 License required; term; renewal; laboratory director required; inactive status; licensure of laboratory located outside state.

1. Except as otherwise provided in NRS 652.072 and 652.217, no person may operate, conduct, issue a report from or maintain a medical laboratory without first obtaining a license to do so issued by the Division pursuant to the provisions of this chapter.

2. A license issued pursuant to the provisions of subsection 1 is valid for 24 months and is renewable biennially on or before the date of its expiration.

3. No license may be issued to a laboratory which does not have a laboratory director.

4. A license may be placed in an inactive status upon the approval of the Division and the payment of current fees.

5. The Division may require a laboratory that is located outside of this state to be licensed in accordance with the provisions of this chapter before the laboratory may examine any specimens collected within this state if the Division determines that the licensure is necessary to protect the public health, safety and welfare of the residents of this state.

(Added to NRS by 1967, 926; A 1973, 660; 1975, 1162; 1995, 794, 1590; 1997, 1124)

NRS 652.090 Application: Contents; regulations.

1. An application for a license must be on a form prescribed by the Division and must contain the following information:

(a) The name and location of the laboratory;

(b) The name and proof of identity of the laboratory director;

(c) The name of the owner or owners of the laboratory or, if a corporation, the names of the officers, directors and beneficial owners of 10 percent or more of its shares;

(d) A description of the program and services provided by the laboratory; and

(e) Such other information as the Division may deem necessary or expedient to carry out its powers and duties under this chapter.

2. The Board shall adopt regulations to carry out the provisions of subsection 1, including, without limitation, regulations setting forth the acceptable forms of proof of identity that a laboratory director must include in an application pursuant to paragraph (b) of subsection 1.

(Added to NRS by 1967, 927; A 1995, 1590; 2013, 102)

NRS 652.092 Division prohibited from issuing or renewing license without proof of compliance with certain guidelines with respect to safe and appropriate injection practices. The Division shall not issue or renew a license to a medical laboratory whose licensed personnel have job duties that include the administration of injections unless the applicant for issuance or renewal of the license attests that the laboratory director and laboratory personnel whose job duties include the administration of injections have knowledge of and are in compliance with the guidelines of the Centers for Disease Control and Prevention concerning the prevention of transmission of infectious agents through safe and appropriate injection practices.

(Added to NRS by 2011, 2055)

NRS 652.100 Fees; deposit in appropriate account; claims for expenses.

1. All applications for a license or renewal thereof must be accompanied by a reasonable fee in an amount prescribed by the Board. All fees must be paid to the Division and must be deposited with the State Treasurer for credit to the appropriate account of the State Board of Health.

2. In addition to the fee required by subsection 1, all applications for the renewal of a license, other than a license to operate a laboratory which only conducts a laboratory 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, must be accompanied by the fee prescribed by the State Board of Health pursuant to NRS 457.240.

3. Claims for per diem and travel expenses and for other expenses of administration of this chapter must be paid as other claims against the State are paid.

(Added to NRS by 1967, 927; A 1975, 1163; 1983, 405; 1985, 446; 1995, 1590; 2021, 2258)

NRS 652.110 Validity and display of licenses.

1. A license issued pursuant to the provisions of this chapter is valid only for the laboratory premises for which it is issued and shall be prominently displayed in such laboratory.

2. Any such license shall become void 30 days after a change of laboratory directors or in the ownership or location of the laboratory.

(Added to NRS by 1967, 927)

ADMINISTRATION

NRS 652.120 Enforcement of chapter by Division of Public and Behavioral Health of Department of Health and Human Services. The Division shall enforce the provisions of this chapter.

(Added to NRS by 1967, 927; A 1995, 1590)

NRS 652.123 Limitations on stringency of regulations adopted by State Board of Health. Regulations adopted by the Board pursuant to this chapter may not be more stringent than the provisions of Part 493 of Title 42 of the Code of Federal Regulations, except that the Board may adopt regulations which are more stringent relating to:

1. Any laboratory test, other than a test for the detection of the human immunodeficiency virus, classified as a waived test pursuant to the provisions of Part 493 of Title 42 of the Code of Federal Regulations;

2. The qualifications and duties of the personnel of a medical laboratory; and

3. The administrative penalties that may be imposed for violating any of the provisions of this chapter or regulations adopted pursuant thereto.

(Added to NRS by 1997, 1123; A 2009, 308; 2013, 103)

NRS 652.125 Regulations: Certification and licensure of laboratory directors and personnel; continuing education.

1. The Board shall adopt regulations for the certification and licensure of laboratory directors and laboratory personnel who perform technical duties other than the collection of blood.

2. The Division shall, as a prerequisite for the renewal of a certificate or license, require the laboratory director and any laboratory personnel certified by the Division pursuant to this chapter to comply with the requirements for continuing education adopted by the Board.

(Added to NRS by 1985, 549; A 1995, 1590)

1. The Division may:

(a) Make the data request developed by the Director of the Department of Health and Human Services pursuant to NRS 439A.116 available to applicants for the renewal of a license or certification pursuant to this chapter through a link on the electronic application for the renewal of a license or certification; and

(b) Request each applicant to complete and electronically submit the data request to the Director.

2. The information provided by an applicant for the renewal of a license or certification pursuant to subsection 1 is confidential and, except as required by subsection 1, must not be disclosed to any person or entity.

3. An applicant for the renewal of a license or certification is not required to complete a data request pursuant to subsection 1 and is not subject to disciplinary action, including, without limitation, refusal to renew the license or certification, for failure to do so.

(Added to NRS by 2021, 809)

NRS 652.127 Regulations: Certification as assistant in medical laboratory.

1. To qualify for certification as an assistant in a medical laboratory, a person must meet the qualifications established by the Board by regulation.

2. The Board shall adopt such regulations as necessary to carry out the provisions of this section.

(Added to NRS by 1999, 172; A 2013, 103, 3294)

NRS 652.130 Regulations: Qualifications of laboratory directors and personnel; location, construction, sanitary conditions and equipment of laboratories; test results; restrictions.

1. Except as otherwise provided in NRS 652.127, the Board, with the advice of the Medical Laboratory Advisory Committee, may prescribe and publish rules and regulations relating to:

(a) The education, training and experience qualifications of laboratory directors and technical personnel.

(b) The location and construction of laboratories, including plumbing, heating, lighting, ventilation, electrical services and similar conditions, to ensure the conduct and operation of the laboratory in a manner which will protect the public health.

(c) Sanitary conditions within the laboratory and its surroundings, including the water supply, sewage, the handling of specimens and matters of general hygiene, to ensure the protection of the public health.

(d) The equipment essential to the proper conduct and operation of a laboratory.

(e) The determination of the accuracy of test results produced by a laboratory and the establishment of minimum qualifications therefor.

2. Any regulations adopted by the Board pursuant to this section must not require that the laboratory director of 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:

(a) Be a licensed physician; or

(b) Perform duties other than those prescribed in NRS 652.180.

3. Any regulations adopted by the Board pursuant to this section that require the laboratory director of a laboratory in which the only tests performed are tests that are classified as waived tests pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations to be a licensed physician must include a licensed optometrist among the types of licensed physicians who are qualified to serve as a laboratory director of such a laboratory.

(Added to NRS by 1967, 927; A 1999, 173; 2015, 849; 2023, 1462)

NRS 652.135 Regulations: Length of time records must be retained. The Board shall adopt regulations establishing the length of time that the health care and other regularly maintained records of a medical laboratory must be retained. The regulations must be consistent with the provisions of Part 493 of Title 42 of the Code of Federal Regulations.

(Added to NRS by 1997, 1123)

NRS 652.140 Inspections; proficiency tests; reports. The Division may:

1. Inspect the premises and operations of laboratories;

2. Conduct proficiency tests to determine the accuracy of the test results of laboratories;

3. Require laboratories to submit reports to determine compliance with the provisions of this chapter; and

4. Require that the reports submitted by a laboratory be:

(a) Made under oath;

(b) Signed by the laboratory director; or

(Added to NRS by 1967, 927; A 1995, 1591)

NRS 652.150 List of laboratories meeting minimum standards and qualifications. The Division shall maintain a registration list of all laboratories meeting the minimum standards and qualifications of this chapter.

(Added to NRS by 1967, 927; A 1995, 1591)

NRS 652.155 Licensing and certification of certain persons and laboratories before January 1, 1972. Notwithstanding the provisions of NRS 652.130 and 652.150, and without requiring any examination or any other qualification than is provided in this section, the Division shall, upon application and the payment of any appropriate fee before January 1, 1972:

1. Issue a director’s license to any person who operated a laboratory in this state for at least 3 years immediately preceding January 1, 1967;

2. Issue a medical laboratory technologist’s certificate to any person who was a medical laboratory technologist in this state for at least 1 year immediately preceding January 1, 1967;

3. Issue a license to, and include in the registration list of laboratories meeting the minimum standards and qualifications of this chapter, any laboratory which was in operation in this state on January 1, 1967, which has a director meeting the qualifications provided in subsection 1; and

4. Keep on inactive status any licensee under this section who notifies the Division that he or she desires such a status and pays the current fees.

(Added to NRS by 1971, 1315; A 1975, 1163; 1995, 1591)

MEDICAL LABORATORY ADVISORY COMMITTEE

NRS 652.160 Creation; duties. A Medical Laboratory Advisory Committee to advise the Board on matters of policy concerning medical laboratories, qualifications of laboratory directors and personnel and other matters pursuant to the provisions of this chapter is hereby created.

(Added to NRS by 1967, 928)

NRS 652.170 Appointment, terms and qualifications of members; vacancies; meetings; salary of members; per diem allowance and travel expenses of members and employees.

1. The Board shall appoint the members of the Medical Laboratory Advisory Committee.

2. After the initial terms, members shall serve for 3-year terms.

3. A member may not serve for more than two consecutive terms. Service of 2 or more years in filling an unexpired term constitutes a term.

4. The Advisory Committee is composed of:

(a) Two pathologists, certified in clinical pathology by the American Board of Pathology.

(b) Two medical technologists.

(d) One qualified biochemist from the Nevada System of Higher Education.

(e) One licensed physician actively engaged in the practice of clinical medicine in this State.

5. No member of the Advisory Committee may have any financial or business arrangement with any other member which pertains to the business of laboratory analysis.

6. The Chief Medical Officer or a designated representative of the Chief Medical Officer is an ex officio member of the Advisory Committee.

7. If a vacancy occurs in the membership of the Advisory Committee, the Advisory Committee shall submit a letter to the Board with a recommendation to fill the existing vacancy. The Advisory Committee shall, at least once per year, determine whether any vacancy in the membership of the Advisory Committee exists.

8. The Advisory Committee shall meet at least once every year.

9. Each member of the Advisory Committee is entitled to receive:

(a) A salary of not more than $60, as fixed by the Board, for each day’s attendance at a meeting of the Committee; and

(b) A per diem allowance and travel expenses at a rate fixed by the Board, while engaged in the business of the Committee. The rate must not exceed the rate provided for state officers and employees generally.

10. While engaged in the business of the Committee, each employee of the Committee is entitled to receive a per diem allowance and travel expenses at a rate fixed by the Board. The rate must not exceed the rate provided for state officers and employees generally.

(Added to NRS by 1967, 928; A 1973, 269; 1977, 1260; 1981, 1996; 1985, 446; 1989, 1706; 1993, 421; 2023, 3266)

REGULATION OF LABORATORIES AND LABORATORY DIRECTORS

NRS 652.180 Duties of laboratory director. A laboratory director shall:

1. Select and supervise all laboratory procedures;

2. Report the findings or results of laboratory tests;

3. Actively participate in the operation of the laboratory to the extent necessary to assure compliance with the provisions of this chapter;

4. Be responsible for the proper performance of all work in the laboratory and of all subordinates; and

5. Retain the health care and other regularly maintained records of the laboratory in accordance with regulations adopted by the Board pursuant to NRS 652.135.

(Added to NRS by 1967, 927; A 1997, 1124)

NRS 652.185 Requirements for conduct of certain laboratory tests for detection of human immunodeficiency virus. A laboratory which conducts a laboratory test for the detection of the human immunodeficiency virus that is classified as a waived test pursuant to the provisions of Part 493 of Title 42 of the Code of Federal Regulations shall:

1. Conduct the test in accordance with the quality assurance guidelines relating to testing using rapid human immunodeficiency virus antibody tests established by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services; and

2. Comply with the provisions of NRS 441A.150 and any regulations adopted pursuant to chapter 441A of NRS relating to the reporting of communicable diseases.

(Added to NRS by 2009, 308)

NRS 652.186 Persons authorized to perform certain laboratory tests for detection of human immunodeficiency virus. A person may perform 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 in a medical laboratory without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127 or a license or certification described in NRS 652.210 if the person submits proof of successful completion of training that has been approved by the Division concerning:

1. The administration of such a test;

2. Infection control procedures recommended by the Centers for Disease Control and Prevention of the United States Department of Health and Human Services and the Occupational Safety and Health Administration of the United States Department of Labor;

3. Reporting of communicable diseases as required by NRS 441A.150 and any regulations adopted pursuant to chapter 441A of NRS; and

4. Counseling and referrals to be provided to persons who test positive for the human immunodeficiency virus, including, without limitation, counseling provided pursuant to NRS 441A.336.

(Added to NRS by 2015, 848)

NRS 652.190 Examination, review and referral of specimens; reporting of results; recommendation for review of results by physician.

1. A laboratory may examine specimens only at the request of:

(a) A licensed physician;

(b) Any other person authorized by law to use the findings of laboratory tests and examinations; or

(c) If the examination can be made with a testing device or kit which is approved by the Food and Drug Administration for use in the home and which is available to the public without a prescription, any person.

2. Except as otherwise provided in NRS 441A.150, 442.325 and 652.193, the laboratory may report the results of the examination only to:

(a) The person requesting the test or procedure;

(b) A provider of health care who is treating or providing assistance in the treatment of the patient;

(d) The patient for whom the testing or procedure was performed.

3. The laboratory report must contain the name of the laboratory. If a specimen is accepted by a laboratory and is referred to another laboratory, the name and address of the other laboratory must be clearly shown by the referring laboratory on the report to the person requesting the test or procedure.

4. Whenever an examination is made pursuant to paragraph (c) of subsection 1, the laboratory report must contain a provision which recommends that the results of the examination be reviewed and interpreted by a physician or other licensed provider of health care.

(Added to NRS by 1967, 928; A 1989, 59; 1993, 499; 1995, 1602; 1997, 1124; 1999, 3516; 2003, 1333)

NRS 652.193 Release of results of tests regarding patient of rural hospital.

1. Except as otherwise provided in NRS 442.325, a licensed laboratory may release the results of tests performed at the laboratory regarding a patient of a rural hospital only to:

(a) The patient;

(b) The physician who ordered the tests; and

2. As used in this section:

(a) “Provider of health care” has the meaning ascribed to it in NRS 629.031.

(b) “Rural hospital” has the meaning ascribed to it in NRS 449.0177.

(Added to NRS by 1995, 1602; A 1999, 3516)

NRS 652.195 Cytologic examination of gynecologic specimens: Direct billing required; unlawful practices; exceptions.

1. A laboratory which performs a cytologic examination of gynecologic specimens for a patient residing in this State shall submit any bill for those services to:

(a) The patient directly;

(b) The responsible insurer or other third-party payor; or

Ê Except as otherwise provided in subsection 3, the laboratory shall not submit the bill for those services to the physician who directed the examination.

2. Except as otherwise provided in subsection 3, it is unlawful for a physician to charge, bill or otherwise solicit payment from a person for cytologic services relating to the examination of gynecologic specimens.

3. The provisions of this section do not apply to cytologic services:

(a) Rendered by the physician himself or herself or in a laboratory operated solely in connection with the diagnosis or treatment of the physician’s own patients; or

(b) Provided to an enrollee pursuant to a health care plan authorized pursuant to chapter 695C of NRS.

(Added to NRS by 1991, 650)

NRS 652.200 Limitation on contents of laboratory’s report. No interpretation of test results, diagnosis, prognosis or suggested treatment may appear on the laboratory report form, unless the report is made by a physician licensed to practice in this state.

(Added to NRS by 1967, 928)

NRS 652.210 Manipulation of persons for collection of specimens; authorized practices of technical personnel.

1. Except as otherwise provided in subsection 2 and NRS 126.121 and 652.186, no person other than a licensed physician, a licensed optometrist, a licensed practical nurse, a registered nurse, a perfusionist, a physician assistant licensed pursuant to chapter 630 or 633 of NRS, a certified advanced emergency medical technician, a certified paramedic, a practitioner of respiratory care licensed pursuant to chapter 630 of NRS, a licensed anesthesiologist assistant, a licensed dentist or a registered pharmacist may manipulate a person for the collection of specimens. The persons described in this subsection may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127.

2. The technical personnel of a laboratory may collect blood, remove stomach contents, perform certain diagnostic skin tests or field blood tests or collect material for smears and cultures.

(Added to NRS by 1967, 928; A 1991, 375; 1993, 2842; 1997, 689; 1999, 1916; 2001, 776; 2005, 2517; 2007, 1530, 1847; 2009, 2990; 2013, 103, 968; 2015, 849; 2017, 2213; 2023, 1586)

NRS 652.215 Licensed professional nurses employed by Division in community health field: Performance of specific laboratory procedures under supervision of Chief Medical Officer; regulations. A licensed professional nurse who is employed by the Division to work in the field of community health may perform specific laboratory procedures prescribed by the Board under the supervision of the Chief Medical Officer. The Board shall adopt regulations governing the performance of these procedures.

(Added to NRS by 1983, 279; A 1995, 1591)

NRS 652.217 Conditions under which certain licensed nurses or licensed or certified laboratory personnel may perform certain waived laboratory tests.

1. A licensed nurse who is employed by a medical facility which is licensed pursuant to chapter 449 of NRS may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations if the laboratory director or a person designated by the laboratory director:

(a) Verifies that the nurse is competent to perform the test;

(b) Ensures that the test is performed in accordance with any manufacturer’s instructions; and

(c) Validates and verifies the manner in which the test is performed through the use of controls which ensure accurate and reliable results of the test.

2. A licensed nurse described in subsection 1 may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations without obtaining certification as an assistant in a medical laboratory pursuant to NRS 652.127.

3. Licensed or certified personnel of a laboratory licensed pursuant to this chapter may perform any laboratory test which is classified as a waived test pursuant to Subpart A of Part 493 of Title 42 of the Code of Federal Regulations on the premises of an outpatient center of the laboratory or at a patient’s residence if the laboratory director or a person designated by the laboratory director:

(a) Verifies that the person is competent to perform the test;

(b) Ensures that the test is performed in accordance with any manufacturer’s instructions;

(c) Validates and verifies the manner in which the test is performed through the use of controls which ensure accurate and reliable results of the test; and

(d) Ensures compliance with any requirements for safety adopted by the Board.

(Added to NRS by 1995, 794; A 1997, 1125; 1999, 173; 2013, 103)

DISCIPLINARY AND OTHER ACTIONS

NRS 652.220 Grounds for denial, suspension or revocation of license. A license may be denied, suspended or revoked if the laboratory, laboratory director or any technical employee of the laboratory:

1. Violates any provision of this chapter;

2. Makes any misrepresentation in obtaining a license;

3. Has been convicted of a felony relating to the position for which the applicant has applied or the licensee has been licensed pursuant to this chapter;

4. Has been convicted of violating any of the provisions of NRS 616D.200, 616D.220, 616D.240 or 616D.300 to 616D.440, inclusive;

5. Is guilty of unprofessional conduct;

6. Knowingly permits the use of the name of a licensed laboratory or its director by an unlicensed laboratory; or

7. Fails to meet the minimum standards prescribed by the Board.

(Added to NRS by 1967, 928; A 1993, 796; 2003, 2731; 2011, 860)

1. If the Board 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 license or certificate issued pursuant to NRS 652.125, the Board shall deem the license or 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 Board receives a letter issued to the holder of the license or certificate by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license or certificate has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Board shall reinstate a license or certificate issued pursuant to NRS 652.125 that has been suspended by a district court pursuant to NRS 425.540 if the Board receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license or certificate was suspended stating that the person whose license or 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, 2180; A 2005, 2807)

NRS 652.225 Hearing required after receipt of report of certain violations of Industrial Insurance Act; regulations. If the Board receives a report pursuant to subsection 5 of NRS 228.420, a hearing must be held pursuant to regulations adopted by the Board to consider the contents of the report. The Board shall adopt such regulations as are necessary to carry out the provisions of this section.

(Added to NRS by 1993, 796; A 1995, 1591)

NRS 652.228 Certain records relating to complaint or investigation deemed confidential; certain records relating to disciplinary action and orders imposing discipline deemed public records.

1. Except as otherwise provided in this section and NRS 239.0115, a complaint filed with the Board, all documents and other information filed with the complaint and all documents and other information compiled as a result of an investigation conducted to determine whether to initiate disciplinary action are confidential.

2. The complaint or other document filed by the Board to initiate disciplinary action and all documents and information considered by the Board when determining whether to impose discipline are public records.

3. An order that imposes discipline and the findings of fact and conclusions of law supporting that order are public records.

(Added to NRS by 2003, 3476; A 2007, 2149)

PROHIBITED ACTS; PENALTIES; INJUNCTIVE RELIEF

NRS 652.250 Public nuisance; injunctions. The operation or maintenance of a laboratory in violation of this chapter is declared to be a public nuisance, and the Board may, in addition to other remedies, initiate an action to enjoin such violations or to enjoin the future operation of the laboratory until compliance with the provisions of this chapter is obtained.

(Added to NRS by 1967, 929)

1. If a person or laboratory violates any of the provisions of this chapter or the regulations adopted pursuant thereto, the Division may, after giving notice and opportunity to be heard:

(a) Impose an administrative penalty of not more than $10,000; and

(b) Require the person or laboratory to take any action necessary to correct the violation.

2. Each act in violation of this chapter or the regulations adopted pursuant thereto constitutes a separate offense.

3. In determining the amount of an administrative penalty to be imposed pursuant to this section, the Division shall consider:

(a) The severity of the violation, including, without limitation:

(1) The probability that death or serious harm to the health or safety of a person may occur as a result of the violation;

(2) The severity of the potential or actual harm that may occur to any person as a result of the violation; and

(3) The extent to which the provisions of this chapter or the regulations adopted pursuant thereto were violated;

(b) Whether the person or laboratory has previously violated the provisions of this chapter or the regulations adopted pursuant thereto; and

4. If the person or laboratory fails to pay the administrative penalty imposed pursuant to this section after the time for an appeal has expired, the Division may:

(a) Suspend the license of the person or laboratory;

(b) Impose interest on the unpaid administrative penalty at a rate of 10 percent from the date on which the time for an appeal expired until the date the administrative penalty is paid; and

(c) Collect court costs, reasonable attorney’s fees, the costs of an investigation and other costs incurred to collect the administrative penalty.

5. Except as otherwise provided in this section, all money collected from administrative penalties imposed pursuant to this section must be deposited in the State General Fund.

6. The money collected from such administrative penalties may be accounted for separately and used by the Division to administer and carry out the provisions of this chapter and to protect the health, safety and well-being of patients in accordance with applicable state and federal standards if:

(a) The person or laboratory pays the administrative penalty without exercising the right to a hearing to contest the penalty; or

(b) The administrative penalty is imposed in a hearing conducted by a hearing officer or panel appointed by the Division.

7. The Division may appoint one or more hearing officers or panels and may delegate to those hearing officers or panels the power of the Division to conduct hearings, determine violations and impose the administrative penalties authorized by this section.

8. If money collected from an administrative penalty is deposited in the State General Fund, the Division may present a claim to the State Board of Examiners for recommendation to the Interim Finance Committee if money is needed to pay court costs, attorney’s fees, the costs of an investigation or other costs incurred to collect the administrative penalty.

9. The Board may adopt regulations to carry out the provisions of this section.

(Added to NRS by 1967, 929; A 1979, 1491; 2013, 104)