Senate Bill No. 82–Committee
on Human
Resources and Facilities
CHAPTER..........
AN ACT relating to public health; establishing procedures for the isolation or quarantine of a person with a communicable disease; authorizing public health officials to isolate and quarantine a group of persons; prohibiting a health authority from requiring a person to be involuntarily treated without a court order requiring the person to submit to treatment; requiring the State Board of Health to develop a syndromic reporting and active surveillance system for monitoring public health; expanding the exclusive jurisdiction of the family court to include proceedings for an involuntary court-ordered isolation or quarantine; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 439.360 is hereby amended to read as follows:
439.360 The county board of health may:
1. Abate nuisances in accordance with law.
2. Establish and maintain an isolation hospital or quarantine
station when necessary[.] for the isolation or quarantine of a
person or a group of persons.
3. Restrain, quarantine and disinfect any person or group of
persons sick with or exposed to any contagious or infectious
disease that is dangerous to the public health.
4. Appoint quarantine officers when necessary to enforce a
quarantine, shall provide whatever medicines, disinfectants and
provisions which may be required, and shall arrange for the
payment of all debts or charges so incurred from any funds
available, but each patient shall, if he is able, pay for his food,
medicine, clothes and medical attendance.
5. Subject to the prior review and approval of the board of
county commissioners and except as otherwise provided in NRS
576.128, adopt a schedule of reasonable fees to be collected for
issuing or renewing any health permit or license required to be
obtained from the board pursuant to a law of this state or an
ordinance adopted by any political subdivision of this state. Such
fees must be for the sole purpose of defraying the costs and
expenses of the procedures for issuing licenses and permits, and
investigations related thereto, and not for the purposes of general
revenue.
Sec. 2. NRS 439.470 is hereby amended to read as follows:
439.470 The city board of health may:
1. Abate nuisances in accordance with law.
2. Establish a temporary isolation hospital or quarantine station
when an emergency demands[.] the isolation or quarantine of a
person or a group of persons.
3. Restrain, quarantine and disinfect any person or group of
persons sick with or exposed to any contagious or infectious
disease which is dangerous to the public health.
4. Appoint quarantine officers when necessary to enforce a
quarantine, and shall provide whatever medicines, disinfectants and
provisions which may be required. The city council shall pay all
debts or charges so incurred , [;] but each patient shall, if able, pay
for his food, medicine, clothes and medical attendance.
5. Subject to the prior review and approval of the governing
body of the city and except as otherwise provided in NRS 576.128,
adopt a schedule of reasonable fees to be collected for issuing or
renewing any health permit or license required to be obtained from
such board pursuant to state law or an ordinance adopted by any
political subdivision. Such fees must be for the sole purpose of
defraying the costs and expenses of the procedures for issuing
licenses and permits, and investigations related thereto, and not for
the purposes of general revenue.
Sec. 3. Chapter 441A of NRS is hereby amended by adding
thereto the provisions set forth as sections 4 to 27, inclusive, of this
act.
Sec. 4. “Isolation” means the physical separation and
confinement of a person or a group of persons infected or
reasonably believed by a health authority to be infected with a
communicable disease from persons who are not infected with
and have not been exposed to the communicable disease, to limit
the transmission of the communicable disease to persons who are
not infected with and have not been exposed to the communicable
disease.
Sec. 5. “Quarantine” means the physical separation and
confinement of a person or a group of persons exposed to or
reasonably believed by a health authority to have been exposed to
a communicable disease who do not yet show any signs or
symptoms of being infected with the communicable disease from
persons who are not infected with and have not been exposed to
the communicable disease, to limit the transmission of the
communicable disease to persons who are not infected with and
have not been exposed to the communicable disease.
Sec. 6. As used in sections 6 to 26, inclusive, of this act,
unless the context otherwise requires, “health authority” means:
1. The officers and agents of the Health Division;
2. The officers and agents of a health district; or
3. The district health officer in a district, or his designee, or,
if none, the State Health Officer, or his designee.
Sec. 7. 1. If a health authority isolates, quarantines or
treats a person or group of persons infected with, exposed to, or
reasonably believed by a health authority to have been infected
with or exposed to a communicable disease, the authority must
isolate, quarantine or treat the person or group of persons in the
manner set forth in sections 6 to 26, inclusive, of this act.
2. A health authority shall provide each person whom it
isolates or quarantines pursuant to sections 6 to 26, inclusive, of
this act with a document informing the person of his rights. The
Board shall adopt regulations:
(a) Setting forth the rights of a person who is isolated or
quarantined that must be included in the document provided
pursuant to this subsection; and
(b) Specifying the time and manner in which the document
must be provided pursuant to this subsection.
Sec. 7.5. 1. A person who is isolated or quarantined
pursuant to sections 6 to 26, inclusive, of this act has the right:
(a) To make a reasonable number of completed telephone calls
from the place where he is isolated or quarantined as soon as
reasonably possible after his isolation or quarantine; and
(b) To possess and use a cellular phone or any other similar
means of communication to make and receive calls in the place
where he is isolated or quarantined.
2. If a person who is isolated or quarantined pursuant to
sections 6 to 26, inclusive, of this act is unconscious or otherwise
unable to communicate because of mental or physical incapacity,
the health authority that isolated or quarantined the person must
notify the spouse or legal guardian of the person by telephone and
certified mail. If a person described in this subsection is isolated
or quarantined in a medical facility and the health authority did
not provide the notice required by this subsection, the medical
facility must provide the notice. If the case of a person described
in this subsection is before a court and the health authority, and
medical facility, if any, did not provide the notice required by this
subsection, the court must provide the notice.
Sec. 7.7. A person who is isolated or quarantined pursuant to
sections 6 to 26, inclusive, of this act has the right to refuse
treatment and may not be required to submit to involuntary
treatment unless a court issues an order requiring the person to
submit to treatment.
Sec. 8. 1. If a person infected with or exposed to a
communicable disease is voluntarily isolated or quarantined in a
public or private medical facility, the facility shall not change the
status of the person to an emergency isolation or quarantine
unless, before the change in status is made:
(a) The facility provides:
(1) An application to a health authority for an emergency
isolation or quarantine pursuant to section 10 of this act; and
(2) The certificate of a health authority, physician, licensed
physician assistant or registered nurse to a health authority
pursuant to section 11 of this act; or
(b) The facility receives an order for isolation or quarantine
issued by a health authority.
2. A person whose status is changed to an emergency
isolation or quarantine pursuant to subsection 1:
(a) Must not be detained in excess of 48 hours after the change
in status is made, unless within that period a written petition is
filed by a health authority with the clerk of the district court
pursuant to section 14 of this act; and
(b) May, immediately after his status is changed, seek an
injunction or other appropriate process in district court
challenging his detention.
3. If the period specified in subsection 2 expires on a day on
which the office of the clerk of the district court is not open, the
written petition must be filed on or before the close of the
business day next following the expiration of that period.
4. Nothing in this section limits the actions that a public or
private medical facility may take to prevent or limit the
transmission of communicable diseases within the medical
facility, including, without limitation, practices for the control of
infections.
Sec. 9. 1. Any person or group of persons alleged to have
been infected with or exposed to a communicable disease may be
detained in a public or private medical facility, a residence or
other safe location under emergency isolation or quarantine for
testing, examination, observation and the provision of or
arrangement for the provision of consensual medical treatment in
the manner set forth in sections 6 to 26, inclusive, of this act, and
subject to the provisions of subsection 2:
(a) Upon application to a health authority pursuant to section
10 of this act;
(b) Upon order of a health authority; or
(c) Upon voluntary consent of the person, parent of a minor
person or legal guardian of the person.
2. Except as otherwise provided in subsection 3, 4 or 5, a
person voluntarily or involuntarily isolated or quarantined under
subsection 1 must be released within 72 hours, including
weekends and holidays, from the time of his admission to a
medical facility or isolation or quarantine in a residence or other
safe location, unless within that period:
(a) The additional voluntary consent of the person, the parent
of a minor person or a legal guardian of the person is obtained;
(b) A written petition for an involuntary court-ordered
isolation or quarantine is filed with the clerk of the district court
pursuant to section 14 of this act, including, without limitation,
the documents required pursuant to section 15 of this act; or
(c) The status of the person is changed to a voluntary isolation
or quarantine.
3. A person who is involuntarily isolated or quarantined
under subsection 1 may, immediately after he is isolated or
quarantined, seek an injunction or other appropriate process in
district court challenging his detention.
4. If the period specified in subsection 2 expires on a day on
which the office of the clerk of the district court is not open, the
written petition must be filed on or before the close of the
business day next following the expiration of that period.
5. During a state of emergency or declaration of disaster
regarding public health proclaimed by the Governor or the
Legislature pursuant to NRS 414.070, a health authority may,
before the expiration of the period of 72 hours set forth in
subsection 2, petition, with affidavits supporting its request, a
district court for an order finding that a reasonably foreseeable
immediate threat to the health of the public requires the 72-hour
period of time to be extended for no longer than the court deems
necessary for available governmental resources to investigate, file
and prosecute the relevant written petitions for involuntary court
-ordered isolation or quarantine pursuant to sections 6 to 26,
inclusive, of this act.
Sec. 10. 1. An application to a health authority for an order
of emergency isolation or quarantine of a person or a group of
persons alleged to have been infected with or exposed to a
communicable disease may only be made by another health
authority, a physician, a licensed physician assistant, a registered
nurse or a medical facility by submitting the certificate required
by section 11 of this act. Within its jurisdiction, upon application
or on its own, subject to the provisions of sections 6 to 26,
inclusive, a health authority may:
(a) Pursuant to its own order and without a warrant:
(1) Take a person or group of persons alleged to and
reasonably believed by the health authority to have been infected
with or exposed to a communicable disease into custody in any
safe location under emergency isolation or quarantine for testing,
examination, observation and the provision of or arrangement for
the provision of consensual medical treatment; and
(2) Transport the person or group of persons alleged to and
reasonably believed by the health authority to have been infected
with or exposed to a communicable disease to a public or private
medical facility, a residence or other safe location for that
purpose, or arrange for the person or group of persons to be
transported for that purpose by:
(I) A local law enforcement agency;
(II) A system for the nonemergency medical
transportation of persons whose operation is authorized by the
Transportation Services Authority; or
(III) If medically necessary, an ambulance service that
holds a permit issued pursuant to the provisions of chapter 450B
of NRS,
only if the health authority acting in good faith has, based upon
personal observation, its own epidemiological investigation or an
epidemiological investigation by another health authority, a
physician, a licensed physician assistant or a registered nurse as
stated in a certificate submitted pursuant to section 11 of this act,
if such a certificate was submitted, of the person or group of
persons alleged to have been infected with or exposed to a
communicable disease, a reasonable factual and medical basis to
believe that the person or group of persons has been infected with
or exposed to a communicable disease, and that because of the
risks of that disease the person or group of persons is likely to be
an immediate threat to the health of members of the public who
have not been infected with or exposed to the communicable
disease.
(b) Petition a district court for an emergency order requiring:
(1) Any health authority or peace officer to take a person or
group of persons alleged to have been infected with or exposed to
a communicable disease into custody to allow the health authority
to investigate, file and prosecute a petition for the involuntary
court-ordered isolation or quarantine of the person or group of
persons alleged to have been infected with or exposed to a
communicable disease in the manner set forth in sections 6 to 26,
inclusive, of this act; and
(2) Any agency, system or service described in
subparagraph (2) of paragraph (a) to transport, in accordance
with such court order, the person or group of persons alleged to
have been infected with or exposed to a communicable disease to
a public or private medical facility, a residence or other safe
location for that purpose.
2. The district court may issue an emergency order for
isolation or quarantine pursuant to paragraph (b) of subsection 1:
(a) Only for the time deemed necessary by the court to allow a
health authority to investigate, file and prosecute each petition for
involuntary court-ordered isolation or quarantine pursuant to
sections 6 to 26, inclusive, of this act; and
(b) Only if it is satisfied that there is probable cause to believe
that the person or group of persons alleged to have been infected
with or exposed to a communicable disease has been infected with
or exposed to a communicable disease, and that because of the
risks of that disease the person or group of persons is likely to be
an immediate threat to the health of the public.
Sec. 11. A health authority shall not accept an application
for an emergency isolation or quarantine under section 10 of this
act unless that application is accompanied by a certificate of
another health authority or a physician, licensed physician
assistant or registered nurse stating that he has examined the
person or group of persons alleged to have been infected with or
exposed to a communicable disease or has investigated the
circumstances of potential infection or exposure regarding the
person or group of persons alleged to have been infected with or
exposed to a communicable disease and that he has concluded
that the person or group of persons has been infected with or
exposed to a communicable disease, and that because of the risks
of that disease the person or group of persons is likely to be an
immediate threat to the health of the public. The certificate
required by this section may be obtained from a physician,
licensed physician assistant or registered nurse who is employed
by the public or private medical facility in which the person or
group of persons is admitted or detained and from the facility
from which the application is made.
Sec. 12. 1. No application or certificate authorized under
section 10 or 11 of this act may be considered if made by a person
on behalf of a medical facility or by a health authority, physician,
licensed physician assistant or registered nurse who is related by
blood or marriage to the person alleged to have been infected with
or exposed to a communicable disease, or who is financially
interested, in a manner that would be prohibited pursuant to NRS
439B.425 if the application or certificate were deemed a referral,
in a medical facility in which the person alleged to have been
infected with or exposed to a communicable disease is to be
detained.
2. No application or certificate of any health authority or
person authorized under section 10 or 11 of this act may be
considered unless it is based on personal observation,
examination or epidemiological investigation of the person or
group of persons alleged to have been infected with or exposed to
a communicable disease made by such health authority or person
not more than 72 hours before the making of the application or
certificate. The certificate must set forth in detail the facts and
reasons on which
the health authority or person who submitted the certificate
pursuant to section 11 of this act based his opinions and
conclusions.
Sec. 13. In addition to any notice required pursuant to
section 7.5 of this act, within 24 hours after a person’s
involuntary admission into a public or private medical facility
under emergency isolation or quarantine, the administrative
officer of the public or private medical facility shall reasonably
attempt to ascertain the identification and location of the spouse
or legal guardian of that person and, if reasonably possible, mail
notice of the admission by certified mail to the spouse or legal
guardian of that person.
Sec. 14. A proceeding for an involuntary court-ordered
isolation or quarantine of any person in this state may be
commenced by a health authority filing a petition with the clerk of
the district court of the county where the person is to be isolated
or quarantined. The petition may be pled in the alternative for
both isolation and quarantine, if required by developing or
changing facts, and must be accompanied:
1. By a certificate of a health authority or a physician, a
licensed physician assistant or a registered nurse stating that he
has examined the person alleged to have been infected with or
exposed to a communicable disease or has investigated the
circumstances of potential infection or exposure regarding the
person alleged to have been infected with or exposed to a
communicable disease and has concluded that the person has
been infected with or exposed to a communicable disease, and
that because of the risks of that disease the person is likely to be
an immediate threat to the health of the public; or
2. By a sworn written statement by the health authority that:
(a) The health authority has, based upon its personal
observation of the person alleged to have been infected with or
exposed to a communicable disease, or its epidemiological
investigation of the circumstances of potential infection or
exposure regarding the person alleged to have been infected with
or exposed to a communicable disease, a reasonable factual and
medical basis to believe that the person has been infected with or
exposed to a communicable disease and, that because of the risks
of that disease the person is likely to be an immediate threat to the
health of the public; and
(b) The person alleged to have been infected with or exposed to
a communicable disease has refused to submit to voluntary
isolation or quarantine, examination, testing, or treatment known
to control or resolve the transmission of the communicable
disease.
Sec. 15. In addition to the requirements of section 14 of this
act, a petition filed pursuant to that section with the clerk of the
district court to commence proceedings for involuntary court
-ordered isolation or quarantine of a person pursuant to section 8
or 9 of this act must include a certified copy of:
1. If an application for an order of emergency isolation or
quarantine of the person was made pursuant to section 10 of this
act, the application for the emergency isolation or quarantine of
the person made to the petitioning health authority pursuant to
section 10 of this act; and
2. A petition executed by a health authority, including,
without limitation, a sworn statement that:
(a) The health authority or a physician, licensed physician
assistant or registered nurse who submitted a certificate pursuant
to section 11 of this act, if such a certificate was submitted, has
examined the person alleged to have been infected with or
exposed to a communicable disease;
(b) In the opinion of the health authority, there is a reasonable
degree of certainty that the person alleged to have been infected
with or exposed to a communicable disease is currently capable of
transmitting the disease, or is likely to become capable of
transmitting the disease in the near future;
(c) Based on either the health authority’s personal observation
of the person alleged to have been infected with or exposed to the
communicable disease or the health authority’s epidemiological
investigation of the circumstances of potential infection or
exposure regarding the person alleged to have been infected with
or exposed to the communicable disease, and on other facts set
forth in the petition, the person likely poses an immediate threat
to the health of the public; and
(d) In the opinion of the health authority, involuntary isolation
or quarantine of the person alleged to have been infected with or
exposed to a communicable disease to a public or private medical
facility, residence or other safe location is necessary to prevent
the person from immediately threatening the health of the public.
Sec. 16. 1. Immediately after he receives any petition filed
pursuant to section 14 or 15 of this act, the clerk of the district
court shall transmit the petition to the appropriate district judge,
who shall set a time, date and place for its hearing. The date must
be within 5 judicial days after the date on which the petition is
received by the clerk.
2. The court shall give notice of the petition and of the time,
date and place of any proceedings thereon to the subject of the
petition, his attorney, if known, the petitioner and the
administrative office of any public or private medical facility in
which the subject of the petition is detained.
3. The provisions of this section do not preclude a health
authority from ordering the release from isolation or quarantine
of a person before the time set pursuant to this section for the
hearing concerning the person, if appropriate.
4. After the filing of a petition pursuant to section 14 or 15 of
this act and before any court-ordered involuntary isolation or
quarantine, a health authority shall file notice with the court of
any order of the health authority issued after the petition was filed
to release the person from emergency isolation or quarantine,
upon which the court may dismiss the petition without prejudice.
Sec. 17. 1. After the filing of a petition to commence
proceedings for the involuntary court-ordered isolation or
quarantine of a person pursuant to section 14 or 15 of this act,
the court shall promptly cause two or more physicians or licensed
physician assistants, at least one of whom must always be a
physician, to either examine the person alleged to have been
infected with or exposed to a communicable disease or assess the
likelihood that the person alleged to have been infected with or
exposed to a communicable disease has been so infected or
exposed.
2. To conduct the examination or assessment of a person who
is not being detained at a public or private medical facility,
residence or other safe location under emergency isolation or
quarantine pursuant to the emergency order of a health authority
or court made pursuant to section 9 or 10 of this act, the court
may order a peace officer to take the person into protective
custody and transport him to a public or private medical facility,
residence or other safe location where he may be detained until a
hearing is held upon the petition.
3. If the person is being detained at his home or other place
of residence under an emergency order of a health authority or
court pursuant to section 9 or 10 of this act, he may be allowed to
remain in his home or other place of residence pending an
ordered assessment, examination or examinations and to return
to his home or other place of residence upon completion of the
assessment, examination or examinations if such remaining or
returning would not constitute an immediate threat to others
residing in his home or place of residence.
4. Each physician and licensed physician assistant who
examines or assesses a person pursuant to subsection 1 shall, not
later than 24 hours before the hearing set pursuant to section 16
of this act, submit to the court in writing a summary of his
findings and evaluation regarding the person alleged to have been
infected with or exposed to a communicable disease.
Sec. 18. 1. The Health Division shall establish such
evaluation teams as are necessary to aid the courts under sections
17 and 24 of this act.
2. Each team must be composed of at least two physicians, or
at least one physician and one physician assistant.
3. Fees for the evaluations must be established and collected
as set forth in section 19 of this act.
Sec. 19. 1. In counties where the examining personnel
required pursuant to section 17 of this act are not available,
proceedings for involuntary court-ordered isolation or quarantine
shall be conducted in the nearest county having such examining
personnel available in order that there be minimum delay.
2. The entire expense of proceedings for involuntary court
-ordered isolation or quarantine shall be paid by the county in
which the application is filed.
Sec. 20. 1. The person alleged to have been infected with or
exposed to a communicable disease, or any relative or friend on
his behalf, is entitled to retain counsel to represent him in any
proceeding before the district court relating to involuntary court
-ordered isolation or quarantine, and if he fails or refuses to
obtain counsel, the court shall advise him and his guardian or
next of kin, if known, of the right to counsel and shall appoint
counsel, who may be the public defender or his deputy.
2. Any counsel appointed pursuant to subsection 1 must be
awarded compensation by the court for his services in an amount
determined by the court to be fair and reasonable. Except as
otherwise provided in this subsection, the compensation must be
charged against the estate of the person for whom the counsel
was appointed or, if the person is indigent, against the county in
which the application for involuntary court-ordered isolation or
quarantine was filed. In any proceeding before the district court
relating to involuntary court-ordered isolation or quarantine, if
the person for whom counsel was appointed is challenging his
isolation or quarantine or any condition of his isolation or
quarantine and the person succeeds in his challenge, the
compensation must be charged against the county in which the
application for involuntary court-ordered isolation or quarantine
was filed.
3. The court shall, at the request of counsel representing the
person alleged to have been infected with or exposed to a
communicable disease in proceedings before the court relating to
involuntary court-ordered isolation or quarantine, grant a recess
in the proceedings for the shortest time possible, but for not more
than 5 days, to give the counsel an opportunity to prepare his
case.
4. Each district attorney or his deputy shall appear and
represent the State in all involuntary court-ordered isolation or
quarantine proceedings in his county. The district attorney is
responsible for the presentation of evidence, if any, in support of
the involuntary court-ordered isolation or quarantine of a person
to a medical facility, residence or other safe location in
proceedings held pursuant to section 14 or 15 of this act.
Sec. 21. In proceedings for involuntary court-ordered
isolation or quarantine, the court shall hear and consider all
relevant testimony, including, but not limited to, the testimony of
examining personnel who participated in the evaluation of the
person alleged to have been infected with or exposed to a
communicable disease and the certificates, if any, of a health
authority or a physician, licensed physician assistant or registered
nurse accompanying the petition.
Sec. 22. 1. In proceedings for an involuntary court-ordered
isolation or quarantine, the person with respect to whom the
proceedings are held has the right:
(a) To be present by live telephonic conferencing or
videoconferencing; and
(b) To testify in his own behalf, to the extent that the court
determines he is able to do so without endangering the health of
others.
2. A person who is alleged to have been infected with or
exposed to a communicable disease does not have the right to be
physically present during the proceedings if such person, if
present in the courtroom, would likely pose an immediate threat
to the health of the judge or the staff or officers of the court.
Sec. 23. Witnesses subpoenaed under the provisions of
sections 6 to 26, inclusive, of this act shall be paid the same fees
and mileage as are paid to witnesses in the courts of the State of
Nevada.
Sec. 24. 1. If the district court finds, after proceedings for
the involuntary court-ordered isolation or quarantine of a person
to a public or private medical facility, residence or other safe
location:
(a) That there is not clear and convincing evidence that the
person with respect to whom the hearing was held has been
infected with or exposed to a communicable disease or is likely to
be an immediate threat to the health of the public, the court shall
enter its finding to that effect and the person must not be
involuntarily detained in such a facility, residence or other safe
location.
(b) That there is clear and convincing evidence that the person
with respect to whom the hearing was held has been infected with
or exposed to a communicable disease and, because of that
disease, is likely to be an immediate threat to the health of the
public, the court may order the involuntary isolation or
quarantine
of the person and may order the most appropriate course of
treatment after considering the rights of the person and the desires
of the person concerning treatment and vaccination, including,
without limitation, the tenets of the person’s religion and the
tenets of any group or organization of which the person is a
member, the rights set forth in NRS 441A.210, the rights set forth
in section 7.5 of this act, the right to counsel set forth in section
20 of this act, and the right of a person to challenge his isolation
or quarantine or any condition of his isolation or quarantine. The
order of the court must be interlocutory and must not become
final if, within 14 days after the court orders the involuntary
isolation or quarantine, the person is unconditionally released by
a health authority from the medical facility, residence or other
safe location.
2. An involuntary isolation or quarantine pursuant to
paragraph (b) of subsection 1 automatically expires at the end of
30 days if not terminated previously by a health authority. At the
end of the court-ordered period of isolation or quarantine, the
health authority may petition to renew the detention of the person
for additional periods which each must not exceed the shorter of
120 days or either, if the person is isolated, the period of time
which the health authority expects the person will be infectious
with the communicable disease or, if the person is quarantined,
the period of time which the health authority determines is
necessary to determine whether the person has been infected with
the communicable disease. For each renewal, the petition must
set forth to the court specific reasons why further isolation or
quarantine is appropriate and that the person likely poses an
ongoing immediate threat to the health of the public. If the court
finds in considering a petition for renewal that the person is
noncompliant with a court-ordered measure to control or resolve
the risk of transmitting the communicable disease, it may order
the continued isolation and treatment of the person for any period
of time the court deems necessary to resolve the immediate and
ongoing risk of the person transmitting the disease.
3. Before issuing an order for involuntary isolation or
quarantine or a renewal thereof, the court shall explore other
alternative courses of isolation, quarantine and treatment within
the least restrictive appropriate environment as suggested by the
evaluation team who evaluated the person, or other persons
professionally qualified in the field of communicable diseases,
which the court believes may be in the best interests of the person.
Sec. 25. The order for involuntary court isolation or
quarantine of any person to a medical facility, public or private,
must be accompanied by a clinical abstract, including a history of
illness, diagnosis and treatment, and the names of relatives or
correspondents.
Sec. 26. When any involuntary court isolation or quarantine
is ordered under the provisions of sections 6 to 26, inclusive, of
this act, the involuntarily isolated or quarantined person, together
with the court orders, any certificates of the health authorities,
physicians, licensed physician assistants or registered nurses, the
written summary of the evaluation team and a full and complete
transcript of the notes of the official reporter made at the
examination of such person before the court, must be delivered to
the sheriff of the appropriate county who must be ordered to:
1. Transport the person; or
2. Arrange for the person to be transported by:
(a) A system for the nonemergency medical transportation of
persons whose operation is authorized by the Transportation
Services Authority; or
(b) If medically necessary, an ambulance service that holds a
permit issued pursuant to the provisions of chapter 450B of
NRS,
to the appropriate public or private medical facility, residence or
other safe location.
Sec. 27. 1. The Board shall develop a system which
provides for syndromic reporting and active surveillance to
monitor public health in this state during major events or when
determined appropriate and necessary by a health authority.
2. The Board shall adopt regulations concerning the system it
develops pursuant to this section, including, without limitation:
(a) The manner in which and situations during which the
system actively gathers information;
(b) The persons who are required to report information to the
system; and
(c) The procedures for reporting required information to the
system.
Sec. 28. NRS 441A.010 is hereby amended to read as follows:
441A.010 As used in this chapter, unless the context otherwise
requires, the words and terms defined in NRS 441A.020 to
441A.110, inclusive, and sections 4 and 5 of this act have the
meanings ascribed to them in those sections.
Sec. 29. NRS 441A.120 is hereby amended to read as follows:
441A.120 The Board shall adopt regulations governing the
control of communicable diseases in this state, including
regulations specifically relating to the control of such diseases in
educational, medical and correctional institutions. The regulations
must specify:
1. The diseases which are known to be communicable.
2. The communicable diseases which are known to be sexually
transmitted.
3. The procedures for investigating and reporting cases or
suspected cases of communicable diseases, including the time
within which these actions must be taken.
4. For each communicable disease, the procedures for testing,
treating, isolating and quarantining a person or group of persons
who [has or is] have been exposed to or have or are suspected of
having the disease.
5. A method for ensuring that any testing, treatment, isolation
or quarantine of a person or a group of persons pursuant to this
chapter is carried out in the least restrictive manner or
environment that is appropriate and acceptable under current
medical and public health practices.
Sec. 30. NRS 441A.160 is hereby amended to read as follows:
441A.160 1. A health authority who knows, suspects or is
informed of the existence within his jurisdiction of any
communicable disease shall immediately investigate the matter and
all circumstances connected with it, and shall take such measures
for the prevention, suppression and control of the disease as are
required by the regulations of the Board or a local board of health.
2. A health authority may:
(a) Enter private property at reasonable hours to investigate any
case or suspected case of a communicable disease.
(b) Order any person whom he reasonably suspects has a
communicable disease in an infectious state to submit to any
medical examination or test which he believes is necessary to verify
the presence of the disease. The order must be in writing and
specify the name of the person to be examined and the time and
place of the examination and testing, and may include such terms
and conditions as the health authority believes are necessary to
protect the public health.
(c) Except as otherwise provided in subsection 4 and NRS
441A.210, issue an order requiring the isolation, quarantine or
treatment of any person or group of persons if he believes that such
action is necessary to protect the public health. The order must be
in writing and specify the person or group of persons to be isolated
[,] or quarantined, the time during which the order is effective, the
place of isolation or quarantine and other terms and conditions
which the health authority believes are necessary to protect the
public health, except that no isolation or quarantine may take place
if the health authority determines that such action may endanger the
life of [the person .] a person who is isolated or quarantined.
(d) Each order issued pursuant to this section must be served
upon each person named in the order by delivering a copy to him.
3. If a health authority issues an order to isolate or
quarantine a person with a communicable or infectious disease in
a medical facility, the health authority must isolate or quarantine
the person in the manner set forth in sections 6 to 26, inclusive, of
this act.
4. Except as otherwise provided in NRS 441A.310 and
441A.380, a health authority may not issue an order requiring the
involuntary treatment of a person without a court order requiring
the person to submit to treatment.
Sec. 31. NRS 3.223 is hereby amended to read as follows:
3.223 1. Except if the child involved is subject to the
jurisdiction of an Indian tribe pursuant to the Indian Child Welfare
Act of 1978 , [(]25 U.S.C. §§ 1901 et seq. , [),] in each judicial
district in which it is established, the family court has original,
exclusive jurisdiction in any proceeding:
(a) Brought pursuant to chapter 31A, 62, 123, 125, 125A, 125B,
125C, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS, except to
the extent that a specific statute authorizes the use of any other
judicial or administrative procedure to facilitate the collection of an
obligation for support.
(b) Brought pursuant to NRS 442.255 and 442.2555 to request
the court to issue an order authorizing an abortion.
(c) For judicial approval of the marriage of a minor.
(d) Otherwise within the jurisdiction of the juvenile court.
(e) To establish the date of birth, place of birth or parentage of a
minor.
(f) To change the name of a minor.
(g) For a judicial declaration of the sanity of a minor.
(h) To approve the withholding or withdrawal of life-sustaining
procedures from a person as authorized by law.
(i) Brought pursuant to NRS 433A.200 to 433A.330, inclusive,
for an involuntary court-ordered admission to a mental health
facility.
(j) Brought pursuant to sections 6 to 26, inclusive, of this act
for an involuntary court-ordered isolation or quarantine.
2. The family court, where established, and the justices’ court
have concurrent jurisdiction over actions for the issuance of a
temporary or extended order for protection against domestic
violence.
3. The family court, where established, and the district court,
have concurrent jurisdiction over any action for damages brought
pursuant to NRS 41.134 by a person who suffered injury as the
proximate result of an act that constitutes domestic violence.
Sec. 32. This act becomes effective on July 1, 2003.
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