Nevada Revised Statutes
Chapter 439 - Administration of Public Health
NRS 439.589 - Adoption of regulations to prescribe standards relating to electronic health records, health-related information and health information exchanges.


1. The Director shall by regulation prescribe standards:
(a) To ensure that electronic health records retained or shared by any health information exchange are secure;
(b) To maintain the confidentiality of electronic health records and health-related information, including, without limitation, standards to maintain the confidentiality of electronic health records relating to a child who has received health care services without the consent of a parent or guardian and which ensure that a child’s right to access such health care services is not impaired;
(c) To ensure the privacy of individually identifiable health information, including, without limitation, standards to ensure the privacy of information relating to a child who has received health care services without the consent of a parent or guardian;
(d) For obtaining consent from a patient before retrieving the patient’s health records from a health information exchange, including, without limitation, standards for obtaining such consent from a child who has received health care services without the consent of a parent or guardian;
(e) For making any necessary corrections to information or records retained or shared by a health information exchange; and
(f) For notifying a patient if the confidentiality of information contained in an electronic health record of the patient is breached.
2. The standards prescribed pursuant to this section must include, without limitation:
(a) Requirements for the creation, maintenance and transmittal of electronic health records;
(b) Requirements for protecting confidentiality, including control over, access to and the collection, organization and maintenance of electronic health records, health-related information and individually identifiable health information;
(c) Requirements for the manner in which a patient may, through a health care provider who participates in the sharing of health records using a health information exchange, revoke his or her consent for a health care provider to retrieve the patient’s health records from the health information exchange;
(d) A secure and traceable electronic audit system for identifying access points and trails to electronic health records and health information exchanges; and
(e) Any other requirements necessary to comply with all applicable federal laws relating to electronic health records, health-related information, health information exchanges and the security and confidentiality of such records and exchanges.
(Added to NRS by 2011, 1756; A 2015, 1040)

Structure Nevada Revised Statutes

Nevada Revised Statutes

Chapter 439 - Administration of Public Health

NRS 439.005 - Definitions.

NRS 439.010 - Administration of chapter.

NRS 439.015 - Acceptance and disbursement of federal appropriations; deposit to State Division of Public and Behavioral Health Federal Account.

NRS 439.030 - State Board of Health: Creation; members; qualifications.

NRS 439.040 - State Board of Health: Term of office.

NRS 439.060 - State Board of Health: Meetings; quorum.

NRS 439.070 - State Board of Health: Secretary; Executive Officer.

NRS 439.080 - State Board of Health: Compensation of members and employees.

NRS 439.085 - Chief Medical Officer: Appointment; unclassified service.

NRS 439.095 - Chief Medical Officer: Qualifications.

NRS 439.110 - Chief Medical Officer: Devotion of time to official duties; cooperation with Nevada System of Higher Education; maintenance of clinical practice.

NRS 439.130 - Chief Medical Officer and Administrator: Duties.

NRS 439.135 - Appointment of Commissioner of Food and Drugs and other agents by Administrator.

NRS 439.140 - Appointment or removal of subordinate officer or employee of Division.

NRS 439.150 - State Board of Health supreme in matters concerning health; Department designated agency for federal cooperation; fees.

NRS 439.155 - Contracts for cooperation with governmental entities and others; effect of payments to Division for such cooperation; immunity from and limitations on liability not waived.

NRS 439.160 - Uniform compliance with provisions of chapter.

NRS 439.170 - Prevention of sickness and disease; legal action for enforcement of laws and regulations; provision of information concerning importance of annual physical examination for children.

NRS 439.180 - Biennial report to Director by Administrator.

NRS 439.190 - Hearings and witnesses.

NRS 439.200 - Regulations of State Board of Health: Adoption; effect; variances; distribution.

NRS 439.230 - Personal and statistical information to be secured from patient admitted or committed to public or private institution.

NRS 439.235 - Duties of Division to ensure access for persons with limited English proficiency to certain services related to COVID-19; collaboration with community-based organizations; gifts, grants, donations and other funding.

NRS 439.240 - State Public Health Laboratory: Maintenance by University of Nevada School of Medicine; branch laboratories; purpose; administration; reports.

NRS 439.245 - Data dashboard for data relating to telehealth access: Establishment; requirements; availability.

NRS 439.249 - Continuing education and information concerning health of veterans; report.

NRS 439.255 - Masks and face shields for use in cardiopulmonary resuscitation: Regulations; provision to peace officers and firefighters; waiver of requirements; civil immunity for use.

NRS 439.258 - Programs for treatment of persons who commit domestic violence; regulations.

NRS 439.259 - Grants for addressing disparities in health care and health outcomes based on certain categories of persons; selection of nonprofit organization to serve as lead partner; establishment of advisory committee; annual report.

NRS 439.261 - Grants for addressing race-based health disparities relating to kidney disease; establishment of advisory committee; annual report.

NRS 439.263 - Policy of State concerning clinical trials; duties of Division to carry out policy; acceptance of gifts, grants and donations. [Effective through June 30, 2022.] Policy of State concerning clinical trials; duties of Division to carry ou...

NRS 439.265 - Immunization Information System: Establishment and administration; duty to report information concerning immunization administered to child; contents and form of report; parent or guardian to be provided information concerning System; p...

NRS 439.271 - Definitions.

NRS 439.2711 - "Advisory Committee" defined.

NRS 439.2712 - "Program" defined.

NRS 439.2713 - "Provider of oral health care" defined.

NRS 439.272 - State Dental Health Officer: Appointment by Division; classification; qualifications; duties; outside pursuits; solicitation and acceptance of gifts and grants.

NRS 439.279 - State Public Health Dental Hygienist: Appointment; classification; qualifications; duties; outside pursuits; solicitation and acceptance of gifts and grants.

NRS 439.2791 - State Program for Oral Health: Establishment; purpose.

NRS 439.2792 - Advisory Committee on the State Program for Oral Health: Creation; duties; appointment and terms of members; quorum; Chair; meetings.

NRS 439.2793 - Duties of Division.

NRS 439.2794 - Powers of Division to enter into contracts to apply for and accept gifts, donations, bequests and grants and to apply for federal waivers; disposition of money; administration of account.

NRS 439.280 - County board of health: Composition; officers; service without additional compensation.

NRS 439.290 - County health officer: Appointment; qualifications; term.

NRS 439.300 - County health officer: Compensation.

NRS 439.310 - County health officer: Vacancy; appointment by Chief Medical Officer.

NRS 439.320 - County health officer: Executive officer of county board of health; may be county physician.

NRS 439.330 - Deputy county health officer: Appointment; compensation; duties.

NRS 439.340 - County board of health: Supervision by Division; reports.

NRS 439.350 - County board of health: Duties.

NRS 439.360 - County board of health: Powers; requirements for order for isolation, quarantine or treatment.

NRS 439.361 - Applicability.

NRS 439.362 - Creation and composition of Health District; appointment and terms of members of district board of health and public health advisory board; duty of district board of health to maintain records; prohibition on local boards of health.

NRS 439.363 - Health district fund: Creation.

NRS 439.364 - District board of health: Meetings; quorum; duties.

NRS 439.365 - District board of health: Budget; adoption by board of county commissioners; annual allocation.

NRS 439.366 - Powers and jurisdiction of district board of health and district health department; regulations of district board of health.

NRS 439.367 - District board of health: Powers.

NRS 439.3675 - Duties of district health department to ensure access for persons with limited English proficiency to certain services related to COVID-19; collaboration with community-based organizations; gifts, grants, donations and other funding.

NRS 439.368 - Appointment, duties and compensation of district health officer; duties of district board of health concerning district health officer; clinical program requiring medical assessment must be supervised by physician.

NRS 439.3685 - Duties of district health officer concerning chief medical officer; compensation of chief medical officer.

NRS 439.369 - Applicability.

NRS 439.370 - Health district: Creation.

NRS 439.380 - County or city board of health abolished upon creation of district board of health.

NRS 439.383 - County boards of health within district abolished upon creation of district board of health.

NRS 439.385 - City and town boards of health abolished upon creation of district board of health.

NRS 439.390 - District board of health: Composition; qualifications of members.

NRS 439.400 - Appointment, qualifications, powers and compensation of district health officer; clinical program requiring medical assessment must be supervised by physician.

NRS 439.405 - Duties of district health department to ensure access for persons with limited English proficiency to certain services related to COVID-19; collaboration with community-based organizations; gifts, grants, donations and other funding.

NRS 439.410 - Powers and jurisdiction of district board of health and district health department; regulations of district board of health.

NRS 439.420 - City board of health: Creation by ordinance.

NRS 439.430 - City board of health: Members; appointments; qualifications and compensation of city health officer.

NRS 439.440 - Inclusion of city in county or district health department.

NRS 439.450 - Withdrawal of city from county or district health department; re-establishment of city health department.

NRS 439.460 - City board of health: Duties.

NRS 439.470 - City board of health: Powers; requirements for order for isolation, quarantine or treatment.

NRS 439.471 - Applicability.

NRS 439.473 - Authority of district health officer to issue order for extermination or abatement of nuisance; authorized actions.

NRS 439.475 - Notice of order for abatement of nuisance; duty of health district if owner fails to comply with order.

NRS 439.477 - Lien on real property for costs of abating nuisance; action to foreclose lien.

NRS 439.479 - Regulations; enforcement; notice to district board of health of failure to maintain rental dwelling unit in habitable condition.

NRS 439.4797 - Powers of boards of health; regulations by State Environmental Commission.

NRS 439.480 - Local health officer: Supervision; jurisdiction.

NRS 439.490 - Abatement or removal of nuisance.

NRS 439.4905 - Payment of assessment; exemption; regulations.

NRS 439.4921 - Definitions.

NRS 439.4923 - "Health care facility" defined.

NRS 439.4925 - "Provider of health care" defined.

NRS 439.4927 - "Sickle cell disease and its variants" defined.

NRS 439.4929 - Establishment and maintenance of system for reporting information; objectives; persons required to report information.

NRS 439.4931 - Regulations of State Board of Health.

NRS 439.4933 - Records of health care facility: Availability to Chief Medical Officer; abstracting of information; schedule of fees for abstracting; administrative penalty for violation of section.

NRS 439.4935 - Publication of reports; provision of data fee to cover cost of providing data.

NRS 439.4937 - Analysis of information, records and reports; investigation of trends.

NRS 439.4939 - Gifts, grants and donations.

NRS 439.4941 - Consent required before disclosure of identity of patient, physician or health care facility.

NRS 439.4943 - Limitation on civil and criminal liability.

NRS 439.495 - Establishment; purpose.

NRS 439.496 - Powers of Division to apply for and accept gifts, grants and bequests; disposition of money; administration of account.

NRS 439.497 - Definitions.

NRS 439.4972 - "Health care facility" defined.

NRS 439.4974 - "Lupus and its variants" defined.

NRS 439.4976 - Establishment and maintenance of system for reporting information; objectives; persons required to report information.

NRS 439.4978 - Regulations of State Board of Health.

NRS 439.498 - Records of health care facility: Availability to Chief Medical Officer; abstracting of information; administrative penalty for violation of section.

NRS 439.4982 - Publication of reports; provision of data; fee to cover cost of providing data.

NRS 439.4984 - Analysis of information, records and reports; investigation of trends.

NRS 439.4986 - Gifts, grants and donations.

NRS 439.4988 - Consent required before disclosure of identity of patient, physician or health care facility.

NRS 439.499 - Limitation on civil and criminal liability.

NRS 439.501 - Establishment.

NRS 439.505 - Duties of Division.

NRS 439.507 - Powers of Division to enter into contracts, to apply for and accept gifts, donations, bequests and grants and to apply for federal waivers; disposition of money; administration of account.

NRS 439.5075 - Creation; membership; vacancies; compensation; Chair; meetings.

NRS 439.5077 - Duties.

NRS 439.508 - Definitions.

NRS 439.5081 - "State plan" defined.

NRS 439.5082 - "Task Force" defined.

NRS 439.5083 - Creation; appointment, qualifications and terms of members; members serve without compensation except per diem; alternates.

NRS 439.5084 - Chair and Vice Chair; meetings; quorum; members appointed by Director serve at pleasure of Director.

NRS 439.5085 - Duties; submission of annual report to Governor and Legislature; support and assistance of Department; gifts, grants and donations.

NRS 439.5102 - "Committee" defined.

NRS 439.5104 - Creation; appointment, qualification and terms of members; vacancies.

NRS 439.5106 - Powers and duties.

NRS 439.5108 - Powers; submission of annual report to Director; confidentiality of information and records.

NRS 439.511 - Creation; purposes; employment of Coordinator; qualifications of Coordinator; duties of Coordinator.

NRS 439.513 - Employment of trainer for suicide prevention; qualifications; duties.

NRS 439.5132 - Creation; purpose; interest and income; nonreversion.

NRS 439.5134 - Administration; awards of money; reports.

NRS 439.514 - Definitions.

NRS 439.515 - "Advisory Council" defined.

NRS 439.516 - "Program" defined.

NRS 439.517 - Establishment; purpose.

NRS 439.518 - Advisory Council: Establishment; purpose; appointment of members.

NRS 439.519 - Advisory Council: Terms; Chair; appointment of committees and subcommittees; removal of nonlegislative members; administrative support; establishment of advisory group to study delivery of health care through patient-centered medical ho...

NRS 439.521 - Duties of Division.

NRS 439.522 - Public hearings.

NRS 439.523 - Authority of Division to enter into contracts and award grants.

NRS 439.525 - Gifts, grants and contributions: Accounting; use; administration.

NRS 439.529 - Administration; duties of Director; use of other programs; prohibition against commingling of money; money for program to be accounted for separately. [Effective through December 31, 2021.] Administration; duties of Director; use of oth...

NRS 439.5291 - Definitions.

NRS 439.5292 - "Provider of emergency medical services" defined.

NRS 439.5293 - "Provider of health care" defined.

NRS 439.5294 - "Registry" defined.

NRS 439.5295 - Duty of Division to establish and maintain Registry; gifts, donations, bequests and grants.

NRS 439.5296 - Duties of Division to encourage and facilitate sharing and analysis of information and data.

NRS 439.5297 - Duty of Division to adopt and carry out procedures for using Registry.

NRS 439.530 - Treatment by prayer, mental or spiritual means; no compulsion to submit to medical treatment.

NRS 439.532 - Testing and labeling of certain products containing cannabidiol; regulations. [Effective through December 31, 2021.] Testing and labeling of certain products containing cannabidiol; regulations. [Effective January 1, 2022.]

NRS 439.535 - Clinic for immunization of children: Availability; immunity of personnel from criminal and civil liability.

NRS 439.537 - Unlawful use of words or letters designating person as licensed or registered dietitian; penalty.

NRS 439.538 - Electronic transmission of health information: Exemption from state law concerning privacy or confidentiality of certain health information; ability of person to opt out of electronic disclosure of certain health information.

NRS 439.539 - Duty of Department to hold informational meetings to coordinate services for victims of sex trafficking.

NRS 439.540 - Chapter does not alter powers of Commissioner of Food and Drugs or powers of Director of State Department of Agriculture.

NRS 439.550 - Strict enforcement of chapter by local health officer.

NRS 439.560 - Enforcement of chapter by public officers.

NRS 439.565 - Injunctions against violations.

NRS 439.570 - Health authority may report violation to district attorney or Attorney General; initiation and prosecution of action.

NRS 439.580 - Penalties.

NRS 439.581 - Definitions.

NRS 439.582 - "Electronic health record" defined.

NRS 439.583 - "Health care provider" defined.

NRS 439.584 - "Health information exchange" defined.

NRS 439.585 - "Person" defined.

NRS 439.587 - Designation and duties of Director as state authority for health information technology; authorization to establish or contract with exchange; adoption of regulations and other necessary actions authorized.

NRS 439.588 - Certification for exchange required; disciplinary action for failure to comply with law; administrative fine for operating without certification; regulations.

NRS 439.589 - Adoption of regulations to prescribe standards relating to electronic health records, health-related information and health information exchanges.

NRS 439.590 - Limitations on use, release or publication of certain information; penalty for unauthorized access to electronic health record or health information exchange; establishment of complaint system.

NRS 439.591 - Patient not required to participate in health information exchange; notification to patient of breach of confidentiality of electronic health records or health information exchange; patient access to electronic health records.

NRS 439.592 - Electronic health records, electronic signatures and electronically transmitted or retrieved health information deemed to comply with certain writing and signature requirements; information maintained or transmitted in electronic health...

NRS 439.593 - Immunity from liability for health care provider who uses health information exchange.

NRS 439.595 - Provision of information to electronic health record or participation in health information exchange not unfair trade practice.

NRS 439.600 - Legislative declaration.

NRS 439.620 - Creation and administration of Fund; appropriation and expenditure of contents. [Effective through December 31, 2021.] Creation and administration of Fund; appropriation and expenditure of contents. [Effective January 1, 2022.]

NRS 439.630 - Powers and duties of Department; eligibility of veterans for certain benefits or services available to senior citizens, persons with disabilities and other specified persons; submission of biennial report by Grants Management Advisory C...

NRS 439.635 - Definitions. [Effective through December 31, 2021.] Definitions. [Effective January 1, 2022.]

NRS 439.640 - "Household income" defined. [Effective through December 31, 2021.]

NRS 439.645 - "Income" defined. [Effective through December 31, 2021.]

NRS 439.648 - "Person with a disability" defined. [Effective January 1, 2022.]

NRS 439.650 - "Senior citizen" defined. [Effective through December 31, 2021.] "Senior citizen" defined. [Effective January 1, 2022.]

NRS 439.655 - Administration: Powers and duties of Department. [Effective through December 31, 2021.] Administration: Powers and duties of Department. [Effective January 1, 2022.]

NRS 439.660 - Administration: Cooperation between state and local agencies.

NRS 439.665 - Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits; eligibility for and amount of subsidies; copayments; waiver of eligibility requirements; coverage provided by Federal Government; authority o...

NRS 439.670 - Request for subsidy; action on request; payment of subsidy. [Effective through December 31, 2021.] Request for subsidy; action on request; payment of subsidy. [Effective January 1, 2022.]

NRS 439.675 - Denial of request for subsidy; repayment of amount received pursuant to fraudulent request. [Effective through December 31, 2021.] Denial of request for subsidy; repayment and deposit of amount received pursuant to fraudulent request. [...

NRS 439.680 - Judicial review of decision to deny request for subsidy.

NRS 439.685 - Revocation of subsidy and payment of restitution. [Effective through December 31, 2021.] Revocation of subsidy and payment of restitution. [Effective January 1, 2022.]

NRS 439.690 - Restrictions on use of information contained in request for subsidy. [Effective through December 31, 2021.] Restrictions on use of information contained in request for subsidy. [Effective January 1, 2022.]

NRS 439.705 - Definitions. [Effective through December 31, 2021.]

NRS 439.715 - "Household income" defined. [Effective through December 31, 2021.]

NRS 439.725 - "Income" defined. [Effective through December 31, 2021.]

NRS 439.735 - Administration: Powers and duties of Department. [Effective through December 31, 2021.]

NRS 439.745 - Contracts to subsidize cost of prescription drugs, pharmaceutical services and other benefits; eligibility for and amount of subsidies; copayments; waiver of eligibility requirements; coverage provided by Federal Government; authority o...

NRS 439.755 - Request for subsidy; action on request; payment of subsidy. [Effective through December 31, 2021.]

NRS 439.765 - Denial of request for subsidy; repayment of amount received pursuant to fraudulent request. [Effective through December 31, 2021.]

NRS 439.775 - Judicial review of decision to deny request for subsidy. [Effective through December 31, 2021.]

NRS 439.785 - Revocation of subsidy and payment of restitution. [Effective through December 31, 2021.]

NRS 439.795 - Restrictions on use of information contained in request for subsidy. [Effective through December 31, 2021.]

NRS 439.800 - Definitions.

NRS 439.802 - "Facility-acquired infection" defined.

NRS 439.803 - "Health facility" defined.

NRS 439.805 - "Medical facility" defined. [Effective through December 31, 2021.] "Medical facility" defined. [Effective January 1, 2022.]

NRS 439.810 - "Patient" defined.

NRS 439.815 - "Patient safety officer" defined.

NRS 439.820 - "Provider of health care" defined.

NRS 439.830 - "Sentinel event" defined.

NRS 439.835 - Mandatory reporting of sentinel events.

NRS 439.837 - Mandatory investigation of sentinel event by health facility; exceptions.

NRS 439.840 - Reports of sentinel events: Duties of Division; confidentiality.

NRS 439.841 - Authority of Division to request additional information or to conduct audit or investigation; report of findings; payment of costs.

NRS 439.843 - Annual summaries of reports of sentinel events; compilation by Division; confidentiality; posting of patient safety plans by Department on Internet website.

NRS 439.845 - Analysis and reporting of trends regarding sentinel events; treatment of certain information regarding corrective action by health facility.

NRS 439.847 - Participation in surveillance system by medical facilities and facilities for skilled nursing; access, analysis and reporting of information submitted to surveillance system by Division; regulations.

NRS 439.855 - Notification of patients involved in sentinel events.

NRS 439.856 - Provision of certain information relating to facility-acquired infections to patients.

NRS 439.857 - Procedure for informing patient, legal guardian or other person that patient at medical facility has infection; immunity from liability for providing certain information.

NRS 439.860 - Inadmissibility of certain information in administrative or legal proceeding.

NRS 439.865 - Patient safety plan: Development; inclusion of infection control program to prevent and control infections; approval; notice; compliance; annual review and update.

NRS 439.870 - Patient safety officer: Designation; duties.

NRS 439.873 - Designation, duties and qualifications of infection control officer; required ratio of patients to employees with certain training in infection control; Division to provide education and technical assistance.

NRS 439.875 - Patient safety committee: Establishment; composition; meetings; duties; proceedings and records are privileged.

NRS 439.877 - Patient safety checklists and patient safety policies: Adoption by patient safety committee; required provisions; duties of patient safety committee.

NRS 439.880 - Immunity from criminal and civil liability.

NRS 439.885 - Violation by health facility: Administrative sanction prohibited when voluntarily reported; administrative sanction imposed when not voluntarily reported; appeal of imposition of sanction; accounting and expenditure of money.

NRS 439.890 - Adoption of regulations.

NRS 439.902 - Definitions.

NRS 439.904 - "Commission" defined.

NRS 439.906 - "Provider of health care" defined.

NRS 439.908 - Creation; membership; compensation; terms and removal of members; vacancies; Chair; quorum; compliance with ethics requirements.

NRS 439.912 - Meetings; bylaws; subcommittees and working groups; contracts; advice and technical assistance by state agencies, boards and commissions.

NRS 439.914 - Appointment, qualifications and duties of Executive Director; authority to request information from state agencies.

NRS 439.916 - Systematic review of issues relating to health care; authority to request information from state and local governmental entities; hyperlink to data dashboard.

NRS 439.918 - Duties; reports.

NRS 439.942 - Establishment; requirements to become client; administrators; confidentiality; protection of information; maintenance.

NRS 439.943 - Authorized use; inclusion of relevant publicly available information.

NRS 439.944 - Access authorized to enter information and manage information and account.

NRS 439.945 - Division authorized to enter into cooperative agreements with certain state and federal agencies to obtain information for inclusion.

NRS 439.946 - Authorized collection, maintenance and storage of certain information on website.

NRS 439.947 - Access to information.

NRS 439.948 - Fees; regulations.

NRS 439.950 - Definitions.

NRS 439.955 - "Emergency team" defined.

NRS 439.960 - "Health care facility" defined.

NRS 439.965 - "Provider of health care" defined.

NRS 439.970 - Determination of public health emergency or other health event; executive order of Governor; designation of emergency team; chair; Attorney General designated legal counsel to emergency team.

NRS 439.973 - Authority of Governor to request assistance from contiguous state in carrying out inspections.

NRS 439.975 - Powers and duties of emergency team.

NRS 439.980 - Duties of chair of emergency team.

NRS 439.983 - Duties of emergency team upon resolution of public health emergency or other health event.

NRS 439.985 - Legislative declaration of purpose.

NRS 439.986 - "Sterile hypodermic device program" or "program" defined.

NRS 439.987 - Establishment.

NRS 439.988 - Guidelines governing operation.

NRS 439.989 - Program to establish safety procedures, provide community outreach and report to State Board of Health.

NRS 439.990 - Staff and volunteers to complete training; requirements for training.

NRS 439.991 - Program authorized to provide material for safer injection drug use and certain information.

NRS 439.992 - Immunity from civil liability.

NRS 439.993 - Confidentiality of records; use of information.

NRS 439.994 - Discrimination prohibited.